Minnesota Legislature
HF 2432
1st Unofficial Engrossment - 94th Legislature (2025 - 2026) Posted on 05/01/2025 08:53am
2.39 2.40
2.41 2.42 2.43 2.44 2.45 2.46 2.47 2.48 3.1 3.2 3.3 3.4
3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16
3.17 3.18 3.19 3.20
3.21 3.22 3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 3.31 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8
4.9
4.10
4.11
4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24
4.25
4.26
4.27 4.28
4.29 4.30
4.31
4.32 5.1 5.2 5.3 5.4
5.5 5.6 5.7 5.8 5.9
5.10 5.11 5.12 5.13
5.14
5.15 5.16 5.17 5.18
5.19
5.20 5.21 5.22 5.23
5.24
5.25 5.26 5.27 5.28 5.29 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14
7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31
9.1 9.2
9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15
9.16
9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33 10.34 10.35 11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 11.34 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 12.32 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 14.33 14.34 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8 15.9 15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 16.33 17.1 17.2 17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 17.32 17.33 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25
19.26 19.27 19.28 19.29 19.30 19.31 19.32 19.33 20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8
20.9
20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32 20.33 21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27
21.28 21.29
21.30
22.1 22.2 22.3 22.4
22.5 22.6 22.7 22.8 22.9
22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 22.30 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8
23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24 23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6
24.7 24.8
24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15
25.16 25.17
25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31 25.32 26.1 26.2 26.3 26.4 26.5 26.6
26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30
27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17 27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25
27.26 27.27 27.28 27.29 28.1 28.2 28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30
28.31 28.32 28.33 28.34 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20 29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 29.34 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 30.32 30.33 30.34 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28 34.29 34.30 34.31 34.32 34.33 34.34 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 36.1 36.2 36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33 36.34 36.35 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 38.31 38.32 38.33 38.34 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9
39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31 39.32 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12
40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 42.1 42.2 42.3 42.4 42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8 43.9
43.10
43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21
43.22 43.23
43.24 43.25 43.26 43.27 43.28 43.29 43.30
44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15
44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 45.1 45.2
45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10
45.11 45.12 45.13 45.14 45.15 45.16 45.17
45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 46.1 46.2 46.3 46.4 46.5 46.6
46.7 46.8 46.9 46.10 46.11 46.12 46.13
46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14
47.15 47.16 47.17 47.18 47.19 47.20 47.21
47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 48.1 48.2 48.3 48.4 48.5
48.6 48.7 48.8 48.9 48.10 48.11 48.12 48.13 48.14 48.15
48.16 48.17 48.18 48.19 48.20 48.21
48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33
49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9
49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 50.32 50.33 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32
52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 53.31 53.32 54.1 54.2 54.3 54.4 54.5
54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22
55.23 55.24 55.25 55.26 55.27 55.28 55.29
56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 56.30 56.31 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 57.31 57.32 57.33 58.1 58.2 58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24 58.25 58.26 58.27 58.28 58.29 58.30 59.1 59.2
59.3 59.4
59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15
59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 59.30 59.31 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26
60.27 60.28 60.29 60.30 60.31 60.32 60.33 61.1 61.2 61.3
61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19
62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29
63.1 63.2 63.3
63.4 63.5
63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28 63.29 64.1 64.2 64.3 64.4
64.5 64.6
64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22 64.23 64.24 64.25 64.26 64.27 64.28 64.29 64.30 65.1 65.2 65.3 65.4
65.5 65.6
65.7 65.8 65.9 65.10 65.11 65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 65.32 66.1 66.2 66.3 66.4
66.5 66.6
66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24
66.25 66.26
66.27 66.28 66.29 66.30 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11
67.12 67.13
67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 68.32 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19
69.20 69.21 69.22 69.23 69.24 69.25 69.26 69.27 69.28 69.29 69.30 69.31 69.32 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15
70.16
70.17 70.18 70.19 70.20 70.21 70.22 70.23 70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29
71.30
72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10
72.11
72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33
73.1
73.2 73.3 73.4 73.5 73.6
73.7
73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23
73.24 73.25
73.26 73.27 73.28 73.29 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12
74.13 74.14
74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29
74.30 74.31
75.1 75.2 75.3 75.4 75.5 75.6 75.7
75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31
76.1 76.2
76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9
77.10 77.11
77.12 77.13 77.14 77.15 77.16 77.17 77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33
78.1 78.2
78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14
78.15 78.16
78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29 78.30 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17 79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27
79.28 79.29
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10
80.11 80.12
80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16 81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27
81.28 81.29
81.30 81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12 82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23 83.24 83.25 83.26
83.27 83.28
83.29 83.30 83.31 83.32 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15 84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28 84.29 85.1 85.2 85.3 85.4 85.5 85.6 85.7 85.8 85.9 85.10 85.11 85.12 85.13 85.14 85.15 85.16 85.17 85.18 85.19 85.20 85.21 85.22 85.23 85.24 85.25 85.26 85.27 85.28 85.29 85.30 85.31 86.1 86.2 86.3 86.4 86.5 86.6 86.7 86.8 86.9 86.10 86.11 86.12 86.13 86.14 86.15 86.16 86.17 86.18 86.19 86.20 86.21 86.22 86.23 86.24 86.25 86.26 86.27 86.28 86.29 86.30 86.31 86.32 86.33 87.1 87.2 87.3 87.4 87.5 87.6 87.7 87.8 87.9 87.10 87.11 87.12 87.13 87.14 87.15 87.16 87.17 87.18 87.19 87.20 87.21 87.22 87.23 87.24 87.25 87.26 87.27 87.28 87.29 87.30 87.31 87.32 87.33 88.1 88.2 88.3 88.4 88.5 88.6 88.7 88.8 88.9 88.10 88.11 88.12 88.13 88.14 88.15 88.16 88.17 88.18 88.19 88.20 88.21 88.22 88.23 88.24 88.25 88.26 88.27 88.28 88.29 88.30 88.31 88.32 88.33 89.1 89.2 89.3 89.4
89.5
89.6 89.7
89.8 89.9 89.10 89.11 89.12 89.13 89.14 89.15 89.16 89.17 89.18 89.19 89.20 89.21 89.22 89.23 89.24 89.25 89.26 89.27 89.28
89.29 89.30 89.31 89.32 90.1 90.2 90.3 90.4 90.5 90.6 90.7 90.8
90.9 90.10 90.11 90.12 90.13 90.14
90.15 90.16 90.17 90.18 90.19 90.20 90.21 90.22 90.23
90.24 90.25 90.26 90.27 90.28 90.29 90.30 90.31 91.1 91.2 91.3 91.4 91.5 91.6 91.7 91.8 91.9 91.10 91.11 91.12 91.13 91.14 91.15
91.16
91.17 91.18 91.19 91.20 91.21 91.22 91.23 91.24 91.25 91.26 91.27 91.28 91.29 91.30 91.31 92.1 92.2 92.3 92.4 92.5 92.6 92.7 92.8 92.9 92.10 92.11 92.12 92.13 92.14 92.15 92.16 92.17 92.18 92.19 92.20
92.21 92.22 92.23 92.24 92.25 92.26 92.27 92.28 92.29 92.30 92.31 93.1 93.2 93.3 93.4 93.5 93.6 93.7 93.8 93.9 93.10 93.11 93.12 93.13 93.14
93.15 93.16 93.17 93.18 93.19 93.20 93.21
93.22 93.23 93.24 93.25 93.26 93.27 93.28 93.29 93.30 93.31 93.32 94.1 94.2 94.3 94.4 94.5 94.6 94.7 94.8 94.9
94.10 94.11 94.12 94.13 94.14 94.15 94.16 94.17 94.18 94.19 94.20 94.21 94.22 94.23 94.24 94.25 94.26 94.27 94.28 94.29 94.30 94.31 94.32 95.1 95.2
95.3 95.4 95.5 95.6 95.7 95.8 95.9 95.10 95.11 95.12 95.13 95.14 95.15 95.16 95.17 95.18 95.19 95.20 95.21 95.22 95.23 95.24 95.25 95.26 95.27 95.28 95.29 95.30 95.31 96.1 96.2 96.3 96.4 96.5 96.6 96.7 96.8 96.9 96.10 96.11 96.12 96.13 96.14 96.15 96.16 96.17 96.18 96.19 96.20 96.21 96.22 96.23 96.24 96.25 96.26 96.27 96.28 96.29 96.30 96.31 96.32 97.1 97.2 97.3 97.4 97.5 97.6 97.7 97.8 97.9 97.10 97.11 97.12 97.13 97.14 97.15 97.16 97.17 97.18 97.19 97.20 97.21 97.22 97.23 97.24 97.25 97.26 97.27 97.28 97.29 97.30 97.31 97.32 98.1 98.2 98.3 98.4
98.5 98.6 98.7 98.8 98.9 98.10 98.11 98.12 98.13 98.14 98.15 98.16 98.17 98.18 98.19 98.20 98.21 98.22 98.23 98.24 98.25 98.26 98.27 98.28 98.29 98.30 98.31 98.32 99.1 99.2 99.3 99.4 99.5 99.6 99.7 99.8 99.9 99.10 99.11 99.12 99.13 99.14 99.15 99.16 99.17 99.18 99.19 99.20 99.21 99.22 99.23 99.24 99.25 99.26 99.27 99.28 99.29 99.30 99.31 99.32 99.33 100.1 100.2 100.3
100.4 100.5 100.6 100.7 100.8 100.9 100.10 100.11 100.12 100.13 100.14 100.15 100.16 100.17 100.18 100.19 100.20 100.21 100.22 100.23 100.24 100.25 100.26 100.27
100.28 100.29
100.30 100.31 100.32 100.33 101.1 101.2 101.3 101.4 101.5 101.6 101.7 101.8 101.9
101.10 101.11 101.12 101.13 101.14 101.15 101.16 101.17 101.18 101.19 101.20 101.21 101.22 101.23 101.24 101.25 101.26 101.27 101.28 101.29 101.30 102.1 102.2 102.3 102.4
102.5 102.6 102.7 102.8 102.9 102.10
102.11 102.12
102.13 102.14 102.15 102.16 102.17 102.18 102.19 102.20 102.21 102.22 102.23 102.24 102.25 102.26 102.27 102.28 102.29 102.30 102.31 103.1 103.2 103.3 103.4 103.5 103.6 103.7
103.8 103.9 103.10
103.11 103.12 103.13
103.14 103.15
103.16 103.17 103.18 103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9 104.10 104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18 104.19 104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31
105.1 105.2
105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15 105.16 105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24 105.25 105.26 105.27 105.28 105.29 105.30 106.1 106.2 106.3 106.4 106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 107.1 107.2 107.3 107.4 107.5 107.6 107.7 107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22
107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 108.1 108.2 108.3 108.4 108.5 108.6 108.7 108.8 108.9 108.10 108.11 108.12 108.13 108.14 108.15 108.16 108.17 108.18 108.19 108.20 108.21 108.22 108.23 108.24 108.25 108.26 108.27 108.28 108.29 108.30 108.31 108.32 108.33 108.34 109.1 109.2 109.3 109.4 109.5 109.6 109.7 109.8 109.9 109.10 109.11 109.12 109.13 109.14 109.15 109.16 109.17 109.18 109.19 109.20 109.21 109.22 109.23 109.24 109.25 109.26 109.27 109.28 109.29 109.30 109.31 109.32 109.33 109.34 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11 110.12 110.13 110.14 110.15 110.16 110.17 110.18 110.19 110.20 110.21 110.22 110.23 110.24 110.25 110.26 110.27 110.28 110.29 110.30 110.31 110.32 110.33 110.34 110.35 111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19
111.20
111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18
112.19
112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 113.1 113.2 113.3 113.4 113.5 113.6 113.7 113.8 113.9 113.10 113.11 113.12 113.13 113.14 113.15 113.16 113.17 113.18 113.19 113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3
114.4
114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28
114.29
115.1 115.2 115.3 115.4 115.5 115.6 115.7 115.8 115.9 115.10 115.11 115.12 115.13 115.14 115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29
115.30
115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11
116.12 116.13
116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 117.1 117.2 117.3 117.4 117.5
117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18
118.19 118.20 118.21 118.22 118.23 118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9 119.10 119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21
119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 120.1 120.2 120.3 120.4 120.5 120.6 120.7
120.8 120.9 120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 121.1 121.2 121.3 121.4 121.5 121.6 121.7 121.8
121.9 121.10 121.11 121.12
121.13 121.14
121.15 121.16 121.17 121.18 121.19 121.20 121.21 121.22 121.23 121.24 121.25 121.26 121.27 121.28 121.29 121.30 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8 122.9 122.10 122.11 122.12 122.13 122.14 122.15 122.16 122.17 122.18 122.19
122.20 122.21 122.22 122.23 122.24 122.25 122.26 122.27
122.28 122.29 122.30 123.1 123.2 123.3 123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12
123.13 123.14 123.15 123.16 123.17 123.18 123.19 123.20
123.21 123.22 123.23 123.24 123.25 123.26 123.27
123.28 123.29 123.30 123.31 124.1 124.2 124.3 124.4 124.5 124.6 124.7 124.8 124.9 124.10 124.11 124.12 124.13 124.14 124.15 124.16 124.17 124.18 124.19 124.20 124.21 124.22 124.23 124.24 124.25 124.26 124.27 124.28 124.29 124.30 124.31 124.32 125.1 125.2 125.3 125.4
125.5 125.6 125.7 125.8 125.9
125.10 125.11 125.12 125.13 125.14 125.15 125.16 125.17 125.18 125.19 125.20 125.21 125.22 125.23 125.24 125.25 125.26 125.27 125.28 125.29 125.30 126.1 126.2 126.3 126.4 126.5 126.6 126.7 126.8 126.9
126.10 126.11 126.12 126.13 126.14 126.15 126.16 126.17 126.18 126.19 126.20 126.21 126.22 126.23 126.24 126.25
126.26 126.27 126.28 126.29 126.30 126.31 126.32 127.1 127.2
127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20
127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 128.1 128.2 128.3 128.4 128.5 128.6 128.7 128.8 128.9 128.10 128.11 128.12 128.13 128.14 128.15 128.16 128.17 128.18 128.19 128.20 128.21 128.22 128.23 128.24 128.25 128.26 128.27 128.28 128.29 128.30 128.31 128.32 128.33 128.34 129.1 129.2 129.3 129.4 129.5 129.6 129.7 129.8 129.9 129.10 129.11 129.12 129.13 129.14 129.15 129.16 129.17 129.18 129.19 129.20 129.21 129.22 129.23 129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 130.1 130.2 130.3
130.4 130.5 130.6 130.7 130.8 130.9 130.10 130.11 130.12 130.13 130.14
130.15 130.16 130.17 130.18 130.19 130.20
130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 131.1 131.2 131.3 131.4 131.5 131.6 131.7 131.8 131.9 131.10 131.11 131.12 131.13 131.14 131.15 131.16 131.17 131.18 131.19 131.20 131.21 131.22 131.23 131.24 131.25 131.26 131.27 131.28 131.29 131.30 131.31 132.1 132.2 132.3 132.4 132.5
132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24
132.25 132.26 132.27 132.28
133.1 133.2 133.3 133.4 133.5
133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13 133.14 133.15 133.16 133.17 133.18 133.19 133.20 133.21
133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 134.1 134.2
134.3 134.4 134.5 134.6 134.7
134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20 134.21 134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30
135.1 135.2 135.3 135.4 135.5 135.6 135.7 135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 136.1 136.2 136.3
136.4 136.5 136.6 136.7 136.8 136.9
136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23
136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31
137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8
137.9 137.10 137.11 137.12 137.13
137.14 137.15 137.16 137.17 137.18 137.19 137.20 137.21 137.22 137.23 137.24 137.25 137.26 137.27 137.28 137.29 137.30 137.31
138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20
138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28 138.29 138.30 138.31 138.32 139.1
139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10
139.11 139.12 139.13 139.14 139.15 139.16 139.17 139.18 139.19
139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 140.1 140.2 140.3 140.4 140.5 140.6 140.7
140.8 140.9 140.10 140.11 140.12 140.13 140.14 140.15 140.16 140.17 140.18
140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 141.1 141.2 141.3 141.4 141.5 141.6 141.7 141.8 141.9 141.10 141.11 141.12 141.13 141.14 141.15 141.16
141.17 141.18 141.19 141.20 141.21 141.22 141.23 141.24 141.25 141.26 141.27 141.28 141.29 141.30 141.31 142.1 142.2 142.3 142.4 142.5 142.6 142.7 142.8 142.9 142.10 142.11 142.12 142.13 142.14 142.15 142.16
142.17 142.18 142.19 142.20 142.21 142.22
142.23 142.24 142.25 142.26 142.27 142.28 142.29 142.30 143.1 143.2 143.3 143.4 143.5 143.6 143.7 143.8 143.9 143.10 143.11 143.12 143.13 143.14 143.15 143.16 143.17 143.18 143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 143.33 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17 144.18 144.19 144.20 144.21 144.22 144.23
144.24 144.25 144.26 144.27 144.28 144.29 144.30
145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11
145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 146.1 146.2 146.3 146.4 146.5 146.6
146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 147.1 147.2
147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25
147.26 147.27 147.28 147.29
148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 149.1 149.2 149.3 149.4 149.5 149.6
149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 150.1 150.2
150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14
150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29
150.30 150.31
151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16 151.17 151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28
151.29 151.30 151.31 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9
152.10 152.11
152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20
152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8 153.9 153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 154.1 154.2 154.3 154.4 154.5 154.6 154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25
154.26 154.27 154.28 154.29 154.30 154.31 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9 155.10 155.11 155.12 155.13 155.14 155.15 155.16 155.17
155.18 155.19 155.20 155.21 155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 156.1 156.2 156.3 156.4 156.5 156.6 156.7 156.8 156.9 156.10 156.11 156.12 156.13 156.14 156.15 156.16 156.17 156.18 156.19 156.20 156.21 156.22 156.23 156.24 156.25 156.26 156.27 156.28 156.29 156.30 156.31
157.1 157.2
157.3 157.4 157.5 157.6 157.7 157.8 157.9 157.10 157.11 157.12
157.13 157.14 157.15 157.16 157.17 157.18 157.19 157.20 157.21 157.22 157.23 157.24 157.25 157.26 157.27
157.28 157.29 157.30 157.31 157.32 158.1 158.2 158.3 158.4 158.5 158.6 158.7 158.8 158.9 158.10 158.11 158.12 158.13 158.14 158.15
158.16 158.17 158.18 158.19 158.20 158.21 158.22 158.23 158.24
158.25 158.26 158.27 158.28 158.29 158.30 158.31 158.32 158.33 159.1 159.2 159.3 159.4 159.5 159.6 159.7 159.8 159.9 159.10 159.11 159.12 159.13 159.14 159.15 159.16 159.17 159.18 159.19 159.20 159.21 159.22 159.23 159.24 159.25 159.26 159.27 159.28 159.29 159.30 159.31 160.1 160.2 160.3 160.4 160.5 160.6 160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25
160.26 160.27
160.28 160.29 160.30 160.31 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9 161.10 161.11 161.12 161.13 161.14 161.15 161.16 161.17 161.18 161.19 161.20 161.21 161.22 161.23 161.24 161.25 161.26 161.27 161.28 161.29 161.30 161.31 161.32 161.33 162.1 162.2 162.3 162.4 162.5 162.6 162.7 162.8 162.9 162.10 162.11 162.12 162.13
162.14 162.15 162.16 162.17 162.18 162.19 162.20 162.21 162.22 162.23 162.24 162.25 162.26 162.27 162.28
163.1 163.2 163.3 163.4 163.5 163.6 163.7 163.8 163.9 163.10 163.11 163.12 163.13 163.14 163.15 163.16 163.17 163.18 163.19 163.20 163.21 163.22 163.23 163.24 163.25 163.26
163.27 163.28 163.29 163.30 163.31 164.1 164.2 164.3 164.4 164.5 164.6 164.7 164.8 164.9 164.10 164.11
164.12 164.13 164.14 164.15 164.16 164.17 164.18 164.19 164.20 164.21 164.22 164.23 164.24 164.25 164.26 164.27 164.28 164.29 164.30 164.31 164.32 165.1 165.2 165.3 165.4 165.5 165.6 165.7 165.8 165.9 165.10 165.11 165.12 165.13 165.14 165.15 165.16 165.17 165.18 165.19 165.20 165.21 165.22 165.23 165.24 165.25 165.26 165.27 165.28 165.29 165.30 165.31 165.32 166.1 166.2 166.3 166.4 166.5 166.6 166.7 166.8 166.9 166.10 166.11 166.12 166.13 166.14 166.15 166.16 166.17 166.18 166.19 166.20
166.21 166.22 166.23 166.24 166.25 166.26 166.27 166.28 166.29 166.30 166.31 166.32 166.33 167.1 167.2 167.3 167.4 167.5 167.6 167.7 167.8 167.9 167.10 167.11 167.12 167.13 167.14 167.15 167.16 167.17 167.18 167.19 167.20 167.21 167.22 167.23 167.24 167.25 167.26
167.27 167.28 167.29 167.30 167.31 167.32 167.33 168.1 168.2 168.3 168.4 168.5 168.6 168.7 168.8 168.9 168.10 168.11 168.12 168.13 168.14 168.15 168.16 168.17 168.18 168.19 168.20 168.21 168.22 168.23 168.24 168.25 168.26 168.27 168.28 168.29 168.30 168.31 168.32 168.33 169.1 169.2 169.3 169.4 169.5 169.6 169.7 169.8 169.9 169.10 169.11 169.12 169.13 169.14 169.15 169.16 169.17 169.18 169.19 169.20 169.21 169.22 169.23 169.24 169.25
169.26
169.27 169.28 169.29 169.30 169.31 169.32 169.33 170.1 170.2 170.3 170.4 170.5 170.6 170.7 170.8 170.9 170.10 170.11 170.12 170.13 170.14 170.15 170.16 170.17 170.18 170.19 170.20 170.21 170.22
170.23 170.24 170.25 170.26 170.27 170.28 170.29 170.30 170.31 170.32 170.33 171.1 171.2 171.3 171.4 171.5 171.6 171.7 171.8 171.9 171.10 171.11 171.12 171.13 171.14 171.15
171.16
171.17 171.18 171.19 171.20 171.21 171.22 171.23 171.24 171.25 171.26 171.27 171.28 171.29 171.30 171.31 171.32 171.33 172.1 172.2 172.3 172.4 172.5 172.6 172.7 172.8 172.9 172.10 172.11
172.12 172.13 172.14 172.15 172.16 172.17 172.18 172.19 172.20 172.21 172.22 172.23 172.24 172.25 172.26 172.27 172.28 172.29 172.30 172.31 172.32 172.33 172.34 173.1 173.2 173.3 173.4 173.5 173.6 173.7 173.8 173.9 173.10 173.11 173.12 173.13 173.14 173.15 173.16 173.17 173.18 173.19 173.20 173.21 173.22 173.23 173.24 173.25 173.26 173.27 173.28 173.29 173.30 173.31 173.32
174.1 174.2 174.3 174.4 174.5 174.6 174.7 174.8 174.9 174.10 174.11 174.12 174.13 174.14 174.15 174.16 174.17
174.18 174.19 174.20 174.21 174.22 174.23 174.24 174.25 174.26 174.27 174.28 174.29 174.30 174.31 174.32 175.1 175.2 175.3 175.4
175.5
175.6 175.7 175.8 175.9 175.10 175.11 175.12 175.13 175.14 175.15 175.16 175.17 175.18 175.19 175.20 175.21 175.22 175.23 175.24 175.25 175.26 175.27 175.28 175.29 175.30 176.1 176.2 176.3 176.4 176.5
176.6
176.7 176.8 176.9 176.10 176.11 176.12 176.13 176.14 176.15 176.16 176.17 176.18 176.19 176.20 176.21 176.22 176.23 176.24 176.25 176.26 176.27 176.28 176.29 176.30 177.1 177.2 177.3 177.4 177.5 177.6 177.7 177.8 177.9 177.10 177.11 177.12 177.13 177.14 177.15 177.16 177.17 177.18 177.19 177.20 177.21 177.22 177.23 177.24 177.25 177.26 177.27 177.28
177.29
178.1 178.2 178.3 178.4 178.5 178.6 178.7 178.8 178.9 178.10 178.11 178.12 178.13 178.14 178.15 178.16 178.17
178.18
178.19 178.20 178.21 178.22 178.23 178.24 178.25 178.26 178.27 178.28 178.29 178.30 178.31 179.1 179.2 179.3 179.4 179.5 179.6 179.7 179.8 179.9 179.10 179.11 179.12 179.13 179.14 179.15 179.16 179.17 179.18 179.19 179.20 179.21 179.22 179.23 179.24 179.25 179.26 179.27 179.28 179.29 179.30 179.31 179.32 179.33 180.1 180.2 180.3 180.4 180.5 180.6 180.7 180.8 180.9 180.10 180.11 180.12 180.13 180.14 180.15 180.16 180.17 180.18 180.19 180.20 180.21 180.22 180.23 180.24 180.25 180.26 180.27 180.28 180.29 180.30 181.1 181.2 181.3 181.4 181.5 181.6 181.7 181.8 181.9 181.10 181.11 181.12 181.13 181.14 181.15 181.16 181.17 181.18 181.19 181.20 181.21 181.22 181.23 181.24 181.25 181.26 181.27 181.28 181.29 181.30 181.31 181.32 181.33 182.1 182.2 182.3 182.4 182.5 182.6 182.7 182.8 182.9 182.10 182.11 182.12 182.13 182.14 182.15 182.16 182.17 182.18 182.19 182.20 182.21 182.22 182.23 182.24 182.25 182.26 182.27 182.28 182.29 182.30 182.31 182.32 183.1 183.2 183.3 183.4 183.5 183.6 183.7 183.8 183.9 183.10 183.11 183.12 183.13 183.14 183.15 183.16 183.17 183.18 183.19
183.20
183.21 183.22
183.23 183.24 183.25 183.26 183.27 183.28 183.29 183.30 183.31 183.32 184.1 184.2 184.3 184.4 184.5 184.6 184.7 184.8 184.9 184.10 184.11
184.12 184.13 184.14 184.15 184.16 184.17 184.18 184.19 184.20 184.21 184.22 184.23 184.24 184.25 184.26 184.27 184.28 184.29 184.30 184.31 184.32 185.1 185.2 185.3 185.4 185.5 185.6 185.7 185.8
185.9 185.10
185.11 185.12 185.13 185.14 185.15 185.16 185.17 185.18 185.19 185.20 185.21 185.22 185.23 185.24 185.25 185.26 185.27 185.28 185.29 185.30 185.31 185.32 185.33 186.1 186.2 186.3 186.4 186.5 186.6 186.7 186.8 186.9 186.10 186.11 186.12 186.13 186.14 186.15 186.16
186.17 186.18
186.19 186.20 186.21 186.22 186.23 186.24 186.25 186.26 186.27 186.28 186.29 186.30 186.31 186.32 186.33 187.1 187.2 187.3 187.4 187.5 187.6 187.7 187.8 187.9 187.10 187.11 187.12 187.13 187.14 187.15 187.16 187.17 187.18 187.19 187.20 187.21 187.22 187.23 187.24 187.25 187.26
187.27 187.28 187.29 187.30
188.1 188.2 188.3 188.4 188.5 188.6 188.7 188.8 188.9 188.10 188.11 188.12 188.13 188.14 188.15 188.16 188.17 188.18 188.19 188.20 188.21 188.22 188.23 188.24 188.25 188.26 188.27 188.28 188.29 188.30 188.31 188.32 188.33 188.34 189.1 189.2 189.3 189.4 189.5 189.6 189.7 189.8 189.9 189.10 189.11 189.12 189.13 189.14 189.15 189.16 189.17 189.18 189.19 189.20 189.21 189.22 189.23
189.24 189.25
189.26 189.27 189.28 189.29 189.30 190.1 190.2 190.3 190.4 190.5 190.6 190.7 190.8 190.9 190.10 190.11 190.12 190.13 190.14 190.15 190.16 190.17 190.18 190.19 190.20 190.21 190.22 190.23 190.24 190.25 190.26 190.27 190.28 190.29 190.30 190.31 190.32 190.33 190.34 190.35
191.1 191.2
191.3 191.4 191.5 191.6 191.7 191.8 191.9 191.10 191.11 191.12 191.13 191.14 191.15 191.16 191.17 191.18 191.19 191.20 191.21
191.22 191.23
191.24 191.25 191.26 191.27 191.28 191.29 191.30 191.31 191.32 192.1 192.2 192.3 192.4 192.5 192.6 192.7 192.8 192.9 192.10 192.11 192.12 192.13 192.14 192.15 192.16
192.17 192.18
192.19 192.20 192.21 192.22 192.23 192.24 192.25
192.26 192.27
192.28 192.29 192.30 192.31 192.32 193.1 193.2 193.3 193.4 193.5 193.6 193.7 193.8 193.9 193.10 193.11 193.12 193.13 193.14 193.15 193.16
193.17 193.18
193.19 193.20 193.21 193.22 193.23 193.24 193.25 193.26 193.27 193.28 193.29 193.30 193.31 193.32 193.33 193.34 193.35 194.1 194.2 194.3 194.4 194.5 194.6 194.7
194.8 194.9
194.10 194.11 194.12 194.13 194.14 194.15 194.16 194.17 194.18 194.19 194.20 194.21 194.22 194.23 194.24 194.25 194.26 194.27 194.28 194.29 194.30 194.31 194.32 195.1 195.2 195.3 195.4 195.5 195.6 195.7 195.8 195.9 195.10 195.11 195.12 195.13 195.14 195.15 195.16 195.17 195.18 195.19 195.20 195.21
195.22 195.23
195.24 195.25 195.26 195.27 195.28 195.29 195.30 195.31 195.32 196.1 196.2 196.3 196.4 196.5 196.6 196.7 196.8 196.9
196.10 196.11 196.12 196.13 196.14 196.15 196.16 196.17 196.18 196.19 196.20 196.21 196.22 196.23 196.24
196.25 196.26 196.27 196.28 196.29 197.1 197.2 197.3 197.4 197.5 197.6 197.7 197.8 197.9 197.10 197.11 197.12 197.13 197.14 197.15 197.16 197.17 197.18 197.19 197.20 197.21 197.22 197.23 197.24 197.25 197.26 197.27 197.28 197.29 197.30 197.31 197.32
198.1 198.2 198.3 198.4 198.5 198.6 198.7 198.8 198.9 198.10 198.11 198.12 198.13 198.14 198.15 198.16 198.17 198.18 198.19 198.20 198.21 198.22 198.23 198.24 198.25 198.26 198.27 198.28 198.29 198.30 198.31 198.32 198.33 199.1 199.2 199.3 199.4 199.5 199.6 199.7 199.8 199.9 199.10 199.11
199.12 199.13 199.14 199.15 199.16 199.17 199.18 199.19 199.20 199.21 199.22 199.23 199.24 199.25 199.26 199.27 199.28 199.29 199.30 199.31 200.1 200.2 200.3 200.4 200.5 200.6 200.7 200.8 200.9 200.10 200.11 200.12 200.13 200.14 200.15 200.16 200.17 200.18 200.19 200.20 200.21 200.22 200.23 200.24 200.25 200.26 200.27 200.28 200.29
200.30 200.31
201.1 201.2 201.3 201.4 201.5 201.6 201.7 201.8 201.9 201.10 201.11 201.12 201.13 201.14 201.15 201.16 201.17 201.18 201.19 201.20 201.21 201.22 201.23
201.24 201.25 201.26 201.27 201.28 201.29 201.30 201.31 201.32 201.33
202.1 202.2 202.3 202.4 202.5 202.6 202.7 202.8 202.9 202.10 202.11 202.12 202.13 202.14
202.15 202.16 202.17 202.18 202.19 202.20 202.21 202.22 202.23 202.24 202.25 202.26 202.27 202.28 202.29 202.30 202.31 202.32 203.1 203.2 203.3 203.4 203.5 203.6 203.7
203.8 203.9 203.10 203.11 203.12 203.13 203.14 203.15 203.16 203.17 203.18 203.19 203.20 203.21 203.22 203.23 203.24 203.25 203.26 203.27 203.28 203.29 203.30 203.31 203.32 203.33 203.34 203.35 204.1 204.2 204.3 204.4 204.5 204.6 204.7 204.8 204.9 204.10 204.11 204.12 204.13 204.14 204.15 204.16 204.17 204.18 204.19 204.20 204.21
204.22 204.23 204.24 204.25 204.26 204.27
204.28 204.29 204.30 204.31 204.32 205.1 205.2 205.3 205.4 205.5 205.6 205.7
205.8 205.9 205.10 205.11 205.12 205.13 205.14 205.15 205.16 205.17 205.18 205.19 205.20 205.21 205.22 205.23 205.24 205.25
206.1 206.2 206.3 206.4 206.5 206.6 206.7 206.8 206.9 206.10 206.11 206.12 206.13 206.14 206.15 206.16 206.17 206.18 206.19 206.20 206.21 206.22 206.23 206.24 206.25 206.26 206.27 206.28 206.29 206.30 206.31 206.32 207.1 207.2 207.3 207.4 207.5 207.6 207.7 207.8 207.9 207.10 207.11 207.12 207.13 207.14 207.15 207.16 207.17 207.18 207.19 207.20 207.21 207.22 207.23 207.24 207.25 207.26
207.27 207.28 207.29 207.30 207.31 207.32 208.1 208.2 208.3 208.4 208.5 208.6 208.7 208.8 208.9 208.10 208.11 208.12 208.13 208.14 208.15 208.16 208.17 208.18 208.19 208.20 208.21 208.22 208.23 208.24 208.25 208.26 208.27 208.28 208.29
208.30 208.31 208.32 208.33 209.1 209.2 209.3 209.4 209.5 209.6 209.7 209.8 209.9 209.10 209.11 209.12 209.13 209.14 209.15 209.16 209.17 209.18 209.19 209.20 209.21 209.22 209.23 209.24 209.25 209.26 209.27 209.28 209.29 209.30 209.31 209.32 209.33 210.1 210.2 210.3 210.4 210.5 210.6 210.7 210.8 210.9 210.10 210.11 210.12 210.13 210.14 210.15 210.16 210.17 210.18 210.19 210.20 210.21 210.22 210.23 210.24 210.25 210.26 210.27 210.28 210.29 210.30 210.31 210.32 210.33 210.34 210.35 211.1 211.2 211.3 211.4 211.5 211.6 211.7 211.8 211.9 211.10 211.11 211.12 211.13 211.14 211.15 211.16 211.17 211.18 211.19 211.20 211.21 211.22 211.23 211.24 211.25 211.26 211.27 211.28 211.29 211.30 211.31 211.32 211.33 211.34 211.35 212.1 212.2 212.3 212.4 212.5 212.6 212.7 212.8 212.9 212.10 212.11 212.12 212.13 212.14 212.15 212.16 212.17 212.18 212.19 212.20 212.21 212.22 212.23 212.24 212.25
212.26 212.27 212.28 212.29 212.30 212.31 212.32 212.33 213.1 213.2 213.3 213.4 213.5 213.6 213.7 213.8 213.9 213.10 213.11 213.12 213.13 213.14 213.15 213.16 213.17 213.18 213.19 213.20 213.21 213.22 213.23 213.24 213.25
213.26 213.27
213.28 213.29 213.30 213.31 214.1 214.2 214.3 214.4 214.5 214.6 214.7 214.8 214.9 214.10 214.11 214.12 214.13 214.14 214.15 214.16 214.17 214.18 214.19 214.20 214.21 214.22 214.23 214.24 214.25 214.26 214.27 214.28 214.29 214.30 214.31 215.1 215.2 215.3 215.4 215.5 215.6 215.7 215.8 215.9 215.10 215.11 215.12 215.13 215.14 215.15 215.16 215.17 215.18 215.19 215.20 215.21 215.22 215.23 215.24 215.25 215.26 215.27 215.28 215.29 215.30 215.31 215.32 215.33 216.1 216.2 216.3 216.4 216.5 216.6 216.7 216.8 216.9 216.10 216.11 216.12 216.13 216.14 216.15 216.16 216.17 216.18 216.19 216.20 216.21 216.22 216.23 216.24 216.25 216.26 216.27 216.28 216.29 216.30 217.1 217.2 217.3 217.4 217.5 217.6 217.7 217.8 217.9 217.10 217.11 217.12 217.13 217.14 217.15 217.16 217.17 217.18 217.19 217.20 217.21 217.22 217.23 217.24 217.25 217.26 217.27 217.28 217.29 217.30 217.31 217.32 218.1 218.2 218.3 218.4 218.5 218.6 218.7 218.8 218.9 218.10 218.11 218.12 218.13 218.14 218.15 218.16 218.17 218.18 218.19 218.20 218.21 218.22 218.23 218.24 218.25 218.26 218.27 218.28 218.29 218.30 218.31 218.32 219.1 219.2 219.3 219.4 219.5 219.6 219.7 219.8
219.9 219.10 219.11 219.12 219.13
219.14 219.15
219.16 219.17 219.18 219.19 219.20 219.21
219.22 219.23
219.24 219.25 219.26 219.27 219.28 220.1 220.2 220.3 220.4 220.5 220.6 220.7 220.8 220.9 220.10 220.11
220.12 220.13
220.14 220.15 220.16 220.17 220.18 220.19 220.20 220.21 220.22 220.23 220.24 220.25 220.26 220.27 220.28 220.29
220.30 220.31
221.1 221.2
A bill for an act
relating to state government; providing for certain judiciary, court, public safety,
crime, corrections, data privacy, and civil law policy; establishing Minnesota
Victims of Crime Account; providing for law enforcement agency registration
with eTrace System to provide firearm information; transferring financial crimes
and fraud investigations to Financial Crimes and Fraud Section in Bureau of
Criminal Apprehension; providing for crime of theft of public funds; providing
criminal background checks for individuals or entities seeking license to operate
business; modifying use of unmanned aerial vehicles; modifying criminal justice
related judicial policy; modifying criminal victims policy; establishing policy for
corrections warrant and stop orders; clarifying Tribal Nation access and use of
community services subsidy; providing for civil commitment coordinating division
in Office of Attorney General; providing for civil law; modifying marriage policy;
establishing a civil cause of action for nonconsensual removal of sexually protective
device; providing for order for protection against financial exploitation of vulnerable
adult; providing for task forces and work groups; providing for reports; exempting
Department of Corrections from certain administrative rulemaking; appropriating
money for judiciary, public safety, corrections, Board of Civil Legal Aid, Guardian
ad Litem Board, Tax Court, Uniform Laws Commission, Board on Judicial
Standards, Board of Public Defense, Human Rights, Office of Appellate Counsel
and Training, Minnesota Attainment Competency Board, Cannabis Expungement
Board, Attorney General, Secretary of State, Sentencing Guidelines, Peace Officer
Standards and Training (POST) Board, Private Detective Board, Ombudsperson
for Corrections, and Clemency Review Commission; contingently reducing and
appropriating money to the Housing Finance Agency; amending Minnesota Statutes
2024, sections 13.03, subdivision 6; 13.04, subdivision 4; 13.05, subdivision 5;
13.356; 13.40, subdivision 2; 13.43, subdivision 2; 13.82, subdivisions 1, 7; 13.821;
13.825, subdivisions 2, 4; 13.991; 14.03, subdivision 3; 15.17, subdivision 1;
43A.17, subdivision 13; 45.0135, subdivisions 2b, 6, 7, 8, 9, by adding a
subdivision; 60A.951, subdivision 2; 60A.952, subdivisions 2, 4, 5; 60A.954,
subdivision 2; 60A.956; 65B.84; 138.17, subdivision 1; 144.223; 144.296; 152.021,
subdivision 2; 152.022, subdivision 2; 152.023, subdivision 2; 152.025, subdivision
2; 152.137, subdivision 2; 201.014, subdivision 2a; 241.26, subdivisions 1, 3, 4,
5, by adding a subdivision; 241.80; 242.10; 242.19, subdivision 3; 242.44; 243.05,
subdivisions 1, 2, 4; 243.166, subdivision 1b; 243.88, subdivisions 2, 5, by adding
a subdivision; 244.04, subdivisions 1, 2, by adding a subdivision; 244.05,
subdivisions 1b, 2; 244.0513, subdivisions 1, 7, 8; 244.07, subdivision 1, by adding
a subdivision; 244.13, subdivision 1; 244.171, subdivision 4; 244.19, subdivisions
1c, 1d, 5, 5a; 244.20; 246B.04, subdivision 2; 260C.419, subdivisions 2, 3, 4;
268.19, subdivision 1; 268B.30; 272.45; 297I.11, subdivision 2; 299A.296, by
adding a subdivision; 299A.41, subdivisions 3, 4; 299A.477, subdivision 2;
299C.40, subdivision 1; 299C.52, subdivision 1; 299C.80, subdivision 6; 299F.47,
subdivision 2; 326.338, subdivision 4; 357.021, subdivisions 1a, 2; 388.23,
subdivision 1; 401.01, subdivision 2; 401.03; 401.10, subdivisions 1, 4, by adding
a subdivision; 401.11, subdivision 1; 401.14; 401.15, subdivision 2; 401.17,
subdivisions 1, 5; 480.243, by adding a subdivision; 480.40, subdivisions 1, 3;
480.45, subdivision 2; 484.44; 484.51; 504B.385, subdivision 1; 504B.395,
subdivision 4; 517.04; 517.08, subdivisions 1a, 1b; 517.09, subdivision 1; 517.10;
518.68, subdivision 1; 524.5-120; 524.5-311; 524.5-313; 524.5-420; 580.07,
subdivisions 1, 2; 580.10; 580.225; 580.24; 580.25; 580.26; 580.28; 581.02; 582.03,
subdivisions 1, 2; 582.043, subdivision 6; 590.01; 595.02, subdivision 1; 609.05,
subdivision 2a; 609.101, subdivision 2; 609.105, subdivision 2; 609.185; 609.19,
subdivisions 1, 2, by adding a subdivision; 609.2231, subdivision 2; 609.27,
subdivision 2; 609.378, by adding a subdivision; 609.495, subdivision 1; 609.50,
subdivision 1; 609.527, subdivision 3; 609.531, subdivision 1; 609.593, subdivision
1; 609.78, subdivision 2c; 609A.06, subdivisions 3, 7, 10, 12; 611.24, subdivision
4; 611A.02; 611A.0315; 611A.06, by adding a subdivision; 611A.90; 617.246;
617.247; 624.712, subdivision 5; 624.714, subdivision 7a; 626.05, subdivision 2;
626.19, subdivision 3; 626.84, subdivision 1; 626A.35, by adding a subdivision;
629.341, subdivision 3; 634.35; Laws 2023, chapter 52, article 2, section 3,
subdivisions 2, 8, as amended; article 11, section 31; article 19, sections 90; 102;
Laws 2023, chapter 68, article 1, section 4, subdivision 2; proposing coding for
new law in Minnesota Statutes, chapters 8; 243; 299A; 299C; 325E; 325M; 401;
480; 517; 604; 609; 617; 626; repealing Minnesota Statutes 2024, sections 45.0135,
subdivisions 2a, 2c, 2d, 2e, 2f, 3, 4, 5; 243.58; 244.065, subdivision 1; 253.21;
253.23; 325E.21, subdivision 2b; 325F.02; 325F.03; 325F.04; 325F.05; 325F.06;
325F.07; 517.05; 517.18; Minnesota Rules, parts 2940.0100, subparts 1, 2, 3, 4,
5, 6, 7, 8, 9, 10, 12, 13, 14, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29,
31, 32, 33, 34; 2940.0200; 2940.0300; 2940.0400; 2940.0500; 2940.0600;
2940.0700; 2940.0800; 2940.0900; 2940.1000; 2940.1100; 2940.1200; 2940.1300;
2940.1400; 2940.1500; 2940.1600; 2940.1700; 2940.1800; 2940.1900; 2940.2000;
2940.2100; 2940.2200; 2940.2300; 2940.2400; 2940.2500; 2940.2600; 2940.2700;
2940.2800; 2940.2900; 2940.3000; 2940.3100; 2940.3200; 2940.3300; 2940.3400;
2940.3500; 2940.3600; 2940.3700; 2940.3800; 2940.3900; 2940.4000; 2940.4100;
2940.4200; 2940.4300; 2940.4400; 2940.4500; 2940.5700.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
JUDICIARY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2026 new text end |
new text begin
2027 new text end |
|||||
Sec. 2. new text begin SUPREME COURT
|
new text begin
$ new text end |
new text begin
51,110,000 new text end |
new text begin
$ new text end |
new text begin
52,319,000 new text end |
||
new text begin
(a) Contingent Account
new text end
new text begin
$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end
new text begin
(b) Justices' Compensation
new text end
new text begin
Justices' compensation is increased by one and
one-half percent each year.
new text end
new text begin
(c) Digital Accessibility
new text end
new text begin
$828,000 each year is for digital accessibility.
This is a onetime appropriation.
new text end
Sec. 3. new text begin BOARD OF CIVIL LEGAL AID
|
new text begin
$ new text end |
new text begin
34,941,000 new text end |
new text begin
$ new text end |
new text begin
35,467,000 new text end |
||
new text begin
The base for the Board of Civil Legal Aid is
$35,519,000 in fiscal year 2028 and
$35,520,000 in fiscal year 2029.
new text end
Sec. 4. new text begin COURT OF APPEALS
|
new text begin
$ new text end |
new text begin
15,612,000 new text end |
new text begin
$ new text end |
new text begin
15,969,000 new text end |
||
new text begin
Judges' Compensation
new text end
new text begin
Judges' compensation is increased by one and
one-half percent each year.
new text end
Sec. 5. new text begin DISTRICT COURTS
|
new text begin
$ new text end |
new text begin
405,511,000 new text end |
new text begin
$ new text end |
new text begin
403,781,000 new text end |
||
new text begin
(a) Forensic Examiner Rate Increase
new text end
new text begin
$2,685,000 each year is to increase the hourly
rate paid to forensic examiners.
new text end
new text begin
(b) Judges' Compensation
new text end
new text begin
Judges' compensation is increased by one and
one-half percent each year.
new text end
new text begin
(c) Psychological Services
new text end
new text begin
$10,634,000 the first year is for the
psychological and psychiatric examiner
services program, which delivers statutorily
mandated psychological examinations for civil
commitment, criminal competency, and
criminal responsibility evaluations. This
appropriation is available until June 30, 2029.
new text end
Sec. 6. new text begin GUARDIAN AD LITEM BOARD
|
new text begin
$ new text end |
new text begin
25,867,000 new text end |
new text begin
$ new text end |
new text begin
26,120,000 new text end |
||
Sec. 7. new text begin TAX COURT
|
new text begin
$ new text end |
new text begin
2,312,000 new text end |
new text begin
$ new text end |
new text begin
2,353,000 new text end |
||
Sec. 8. new text begin UNIFORM LAWS COMMISSION
|
new text begin
$ new text end |
new text begin
115,000 new text end |
new text begin
$ new text end |
new text begin
115,000 new text end |
||
Sec. 9. new text begin BOARD ON JUDICIAL STANDARDS
|
new text begin
$ new text end |
new text begin
655,000 new text end |
new text begin
$ new text end |
new text begin
666,000 new text end |
||
new text begin
(a) Availability of Appropriation
new text end
new text begin
If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end
new text begin
(b) Major Disciplinary Actions
new text end
new text begin
$125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures through June
30, 2027.
new text end
Sec. 10. new text begin BOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
165,459,000 new text end |
new text begin
$ new text end |
new text begin
166,842,000 new text end |
||
Sec. 11. new text begin HUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
8,959,000 new text end |
new text begin
$ new text end |
new text begin
9,030,000 new text end |
||
Sec. 12. new text begin OFFICE OF APPELLATE COUNSEL
|
new text begin
$ new text end |
new text begin
1,000,000 new text end |
new text begin
$ new text end |
new text begin
1,361,000 new text end |
||
Sec. 13. new text begin MINNESOTA COMPETENCY
|
new text begin
$ new text end |
new text begin
11,017,000 new text end |
new text begin
$ new text end |
new text begin
11,137,000 new text end |
||
Sec. 14. new text begin CANNABIS EXPUNGEMENT BOARD
|
new text begin
$ new text end |
new text begin
5,371,000 new text end |
new text begin
$ new text end |
new text begin
5,386,000 new text end |
||
Sec. 15. new text begin ATTORNEY GENERAL
|
new text begin
$ new text end |
new text begin
438,000 new text end |
new text begin
$ new text end |
new text begin
438,000 new text end |
||
new text begin
Civil Commitment Coordinating Division
new text end
new text begin
$438,000 each year is for the Civil
Commitment Coordinating Division under
Minnesota Statutes, section 8.37.
new text end
Sec. 16. new text begin SECRETARY OF STATE
|
new text begin
$ new text end |
new text begin
18,000 new text end |
new text begin
$ new text end |
new text begin
-0- new text end |
||
new text begin
$18,000 the first year is to implement
Minnesota Statutes, section 480.50, relating
to judicial official data privacy for real
property records.
new text end
Sec. 17. new text begin OFFICE OF APPELLATE COUNSEL AND TRAINING; REDUCTION.
new text end
new text begin
The commissioner of management and budget shall reduce the appropriation to the
Office of Appellate Counsel and Training for fiscal years 2024 and 2025 in Laws 2023,
chapter 52, article 1, section 11, by $2,000,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 18. new text begin MINNESOTA COMPETENCY ATTAINMENT BOARD; REDUCTION.
new text end
new text begin
The commissioner of management and budget shall reduce the appropriation to the
Minnesota Competency Attainment Board for fiscal years 2024 and 2025 in Laws 2023,
chapter 52, article 1, as amended by Laws 2023, chapter 73, section 3, by $9,000,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 19. new text begin CANNABIS EXPUNGEMENT BOARD; REDUCTION.
new text end
new text begin
The commissioner of management and budget shall reduce the appropriation to the
Cannabis Expungement Board for fiscal years 2024 and 2025 in Laws 2023, chapter 63,
article 9, section 4, by $9,000,000.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 20.
Minnesota Statutes 2024, section 357.021, subdivision 1a, is amended to read:
Subd. 1a.
Transmittal of fees to commissioner of management and budget.
(a) Every
person, including the state of Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the court administrator of said court
the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of management and budget
for deposit in the state treasury and credit to the general fund. deleted text begin $30deleted text end new text begin $60new text end of each fee collected
in a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner
of management and budget in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the Minnesota Family
Resiliency Partnership under section 116L.96.
(b) In a county which has a screener-collector position, fees paid by a county pursuant
to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary paid for the screener-collector
position. The balance of the fees collected shall then be forwarded to the commissioner of
management and budget for deposit in the state treasury and credited to the general fund.
In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which
has a screener-collector position, the fees paid by a county shall be transmitted monthly to
the commissioner of management and budget for deposit in the state treasury and credited
to the general fund. A screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines and to review the incomes
of potential clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the public
authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery
of overpayments of public assistance;
(5) court relief under chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256B.042, 256B.14, 256B.15, 256B.37, 260B.331,
260C.331, and 518A.82, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.
(e) No fee is required under this section from any federally recognized Indian Tribe or
its representative in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525; or
(4) court relief under chapters 260, 260A, 260B, 260C, and 260D.
Sec. 21.
Minnesota Statutes 2024, section 357.021, subdivision 2, is amended to read:
Subd. 2.
Fee amounts.
The fees to be charged and collected by the court administrator
shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of deleted text begin $285deleted text end new text begin $310new text end , except in marriage dissolution actions the fee is deleted text begin $315deleted text end new text begin $340new text end .
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of deleted text begin $285deleted text end new text begin $310new text end , except
in marriage dissolution actions the fee is deleted text begin $315deleted text end new text begin $340new text end . This subdivision does not apply to the
filing of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $14.
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, deleted text begin $75deleted text end new text begin $100new text end .
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.
(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents. No fee may be charged to view or download a publicly available
instrument from a civil or criminal proceeding or for an uncertified copy of that instrument.
ARTICLE 2
PUBLIC SAFETY APPROPRIATIONS
Section 1. new text begin APPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2026" and "2027" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2026, or June 30, 2027, respectively.
"The first year" is fiscal year 2026. "The second year" is fiscal year 2027. "The biennium"
is fiscal years 2026 and 2027. Appropriations for the fiscal year ending June 30, 2025, are
effective the day following final enactment.
new text end
|
new text begin
APPROPRIATIONS new text end |
||||||
|
new text begin
Available for the Year new text end |
||||||
|
new text begin
Ending June 30 new text end |
||||||
|
new text begin
2025 new text end |
new text begin
2026 new text end |
new text begin
2027 new text end |
||||
Sec. 2. new text begin SENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
1,092,000 new text end |
new text begin
$ new text end |
new text begin
1,112,000 new text end |
||
Sec. 3. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
284,251,000 new text end |
new text begin
$ new text end |
new text begin
269,313,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
2026 new text end |
new text begin
2027 new text end |
|
|
new text begin
General new text end |
new text begin
176,898,000 new text end |
new text begin
176,057,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
21,879,000 new text end |
new text begin
21,779,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
103,000 new text end |
new text begin
103,000 new text end |
|
new text begin
Environmental new text end |
new text begin
130,000 new text end |
new text begin
133,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
|
new text begin
911 Fund new text end |
new text begin
82,597,000 new text end |
new text begin
68,597,000 new text end |
|
new text begin
Workers' Compensation Fund new text end |
new text begin
215,000 new text end |
new text begin
215,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
5,165,000 new text end |
new text begin
5,555,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
5,035,000 new text end |
new text begin
5,422,000 new text end |
|
new text begin
Environmental new text end |
new text begin
130,000 new text end |
new text begin
133,000 new text end |
new text begin
Supplemental Nonprofit Security Grants
new text end
new text begin
$125,000 each year is for supplemental
nonprofit security grants under this
subdivision. Nonprofit organizations whose
applications for funding through the Federal
Emergency Management Agency's nonprofit
security grant program have been approved
by the Division of Homeland Security and
Emergency Management are eligible for grants
under this subdivision. No additional
application shall be required for grants under
this subdivision, and an application for a grant
from the federal program is also an application
for funding from the state supplemental
program. Eligible organizations may receive
grants of up to $75,000, except that the total
received by any individual from both the
federal nonprofit security grant program and
the state supplemental nonprofit security grant
program shall not exceed $75,000. Grants shall
be awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program. The
commissioner may use up to one percent of
the appropriation received under this
subdivision to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. This is a
onetime appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal Apprehension
|
new text begin
112,438,000 new text end |
new text begin
112,950,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
109,787,000 new text end |
new text begin
110,299,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
7,000 new text end |
new text begin
7,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
|
new text begin
Workers' Compensation Fund new text end |
new text begin
215,000 new text end |
new text begin
215,000 new text end |
new text begin
(a) DWI Lab Analysis; Trunk Highway
Fund
new text end
new text begin
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 the first
year and $2,429,000 the second year are from
the trunk highway fund for staff and operating
costs for laboratory analysis related to
driving-while-impaired cases.
new text end
new text begin
(b) Fraud and Financial Crime Unit
new text end
new text begin
$1,115,000 each year from the general fund
and $215,000 each year from the workers'
compensation fund are for the Financial
Crimes and Fraud Section in Minnesota
Statutes, section 299C.061, and may not be
used for any other purpose.
new text end
new text begin Subd. 4. new text end
new text begin
Fire Marshal
|
new text begin
20,117,000 new text end |
new text begin
20,017,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
4,190,000 new text end |
new text begin
4,190,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
15,927,000 new text end |
new text begin
15,827,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation for this account is $15,927,000
in fiscal year 2028 and $15,827,000 in fiscal
year 2029.
new text end
new text begin
(a) Hazardous Materials and Emergency
Response Teams
new text end
new text begin
$2,170,000 the first year and $2,070,000 the
second year are from the fire safety account
for hazardous materials and emergency
response teams. The base for these purposes
is $2,170,000 in the first year of future biennia
and $2,070,000 in the second year of future
biennia.
new text end
new text begin
(b) Bomb Squad Reimbursements
new text end
new text begin
$250,000 from the fire safety account and
$50,000 from the general fund each year are
for reimbursements to local governments for
bomb squad services.
new text end
new text begin
(c) Nonresponsible Party Reimbursements
new text end
new text begin
$750,000 each year from the fire safety
account is for nonresponsible party hazardous
material and bomb squad incident
reimbursements. Money appropriated for this
purpose is available for one year.
new text end
new text begin
(d) Hometown Heroes Assistance Program
new text end
new text begin
$4,000,000 each year from the general fund
is for grants to the Minnesota Firefighter
Initiative to fund the hometown heroes
assistance program established in Minnesota
Statutes, section 299A.477.
new text end
new text begin
(e) Task Force 1
new text end
new text begin
$1,425,000 each year from the fire safety
account is for the Minnesota Task Force 1.
new text end
new text begin
(f) Task Force 2
new text end
new text begin
$300,000 each year from the fire safety
account is for the Minnesota Task Force 2.
new text end
new text begin
(g) Air Rescue
new text end
new text begin
$500,000 each year from the fire safety
account is for the Minnesota Air Rescue Team.
new text end
new text begin
(h) Fire Service Assessment
new text end
new text begin
The state fire marshal shall conduct or contract
with a third party to conduct a comprehensive
assessment of how firefighting services are
provided in Minnesota and make
recommendations for any proposed changes.
At a minimum, the assessment must include:
new text end
new text begin
(1) a macro-level review and analysis of
incidents; incident types; response metrics;
geographical distribution; life, safety, and
property damage impacts; and trend projection
analysis, benchmarked against national
standards and best practices, including those
of the National Fire Protection Association;
new text end
new text begin
(2) an analysis of the number of fire
departments and types of staffing in Minnesota
compared to other states regionally and
nationally, including staff response by time of
day and day of the week;
new text end
new text begin
(3) an analysis of the available data sets to
determine what data is incomplete, inaccurate,
or missing to make informed decisions in the
future;
new text end
new text begin
(4) an analysis of the effective response force
of firefighters across the state, identifying any
trends and patterns impacting the delivery of
fire and life safety services;
new text end
new text begin
(5) an analysis of the training, certification,
and licensing of Minnesota firefighters,
including initial and annual training, officers,
inspectors, investigators, and specialty
disciplines such as technical rescue and
hazardous materials;
new text end
new text begin
(6) an analysis of the recruitment and retention
of fire department staff including volunteer,
paid-on-call, part-time, contract, and full-time
firefighters;
new text end
new text begin
(7) a macro-level evaluation of fire department
equipment, including personal protective
equipment, apparatus equipment,
communications equipment, and infrastructure,
benchmarked against national standards and
best practices, including those of the National
Fire Protection Association; and
new text end
new text begin
(8) a macro-level evaluation of the funding
for firefighting services in Minnesota and how
it compares to other states.
new text end
new text begin
In conducting the assessment, the fire marshal
shall hold in-person and virtual stakeholder
listening sessions with the Minnesota State
Fire Chiefs Association, the Minnesota State
Fire Department Association, the Minnesota
Professional Firefighters Association, the
League of Minnesota Cities, the Minnesota
Association of Townships, and other statewide
and regional associations identified by the
commissioner of public safety. In conducting
the assessment and making recommendations
for proposed changes, the fire marshal shall
consider the current diverse nature of the fire
service in Minnesota, including the various
staffing models employed and the
geographical makeup of the state.
new text end
new text begin
The fire marshal may request onetime funding
to complete this assessment through the Fire
Service Advisory Committee.
new text end
new text begin
By December 31, 2026, the fire marshal shall
report on the assessment conducted and any
recommendations for changes to the chairs
and ranking minority members of the
legislative committees with jurisdiction over
public safety and commerce.
new text end
new text begin Subd. 5. new text end
new text begin
Firefighter Training and Education
|
new text begin
5,500,000 new text end |
new text begin
5,500,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
Special Revenue new text end |
new text begin
5,500,000 new text end |
new text begin
5,500,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end
|
new text begin
(a) Firefighter Training and Education new text end |
||||||
new text begin
$5,500,000 each year from the fire safety
account is for firefighter training and
education.
new text end
|
new text begin
(b) Unappropriated Revenue new text end |
||||||
new text begin
Any additional unappropriated money
collected in fiscal year 2025 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end
new text begin Subd. 6. new text end
new text begin
Alcohol and Gambling
|
new text begin
3,949,000 new text end |
new text begin
3,954,000 new text end |
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
3,879,000 new text end |
new text begin
3,884,000 new text end |
|
new text begin
Special Revenue new text end |
new text begin
70,000 new text end |
new text begin
70,000 new text end |
new text begin
$70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end
new text begin Subd. 7. new text end
new text begin
Office of Justice Programs
|
new text begin
54,103,000 new text end |
new text begin
52,358,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
General new text end |
new text begin
54,007,000 new text end |
new text begin
52,262,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
96,000 new text end |
new text begin
96,000 new text end |
new text begin
(a) Violence Prevention Project Research
Center
new text end
new text begin
$250,000 each year is to fund a violence
prevention project research center that operates
as a nonprofit, nonpartisan research center
dedicated to reducing violence in society and
using data and analysis to improve
criminal-justice-related policy and practice in
Minnesota. The research center must place an
emphasis on issues related to gun violence.
This is a onetime appropriation.
new text end
new text begin
(b) Legal Representation for Children
new text end
new text begin
$100,000 each year is for a grant to an
organization that provides legal representation
for children in need of protection or services
and children in out-of-home placement. The
grant is contingent upon a match in an equal
amount from nonstate funds. The match may
be in kind, including the value of volunteer
attorney time, in cash, or a combination of the
two. This is a onetime appropriation and is in
addition to any other appropriations for the
legal representation of children.
new text end
new text begin
(c) MSOP; Moose Lake-Related Costs
new text end
new text begin
$50,000 each year is for a grant to Carlton
County to be used for law enforcement,
prosecution, and litigation expenses arising
from the actions of clients at the Minnesota
Sex Offender Program facility at Moose Lake.
This is a onetime appropriation.
new text end
new text begin
(d) At-Risk Youth in Rochester, St. Cloud,
and Excelsior
new text end
new text begin
$150,000 each year is for grants in equal
amounts to 180 Degrees in the Rochester
regional area, St. Cloud regional area, and
central Minnesota region west of the Twin
Cities to address racial disparities of youth
using shelter services. The 180 Degrees
shelters in each region shall establish and
operate a program connected to shelter
services to engage in community outreach,
mobile case management, family reunification,
aftercare, and follow up when family members
are released from shelter services. This
program shall specifically address the large
geographic rural areas served where at-risk
youth enter shelters in Rochester, St. Cloud,
and Excelsior. This is a onetime appropriation.
new text end
new text begin
(e) Prosecutorial and Law Enforcement
Training
new text end
new text begin
$100,000 each year is for a grant to the
Minnesota County Attorneys Association to
be used for prosecutorial and law enforcement
training, including trial school training and
train-the-trainer courses. This is a onetime
appropriation.
new text end
new text begin
(f) Violent Crime Enforcement Teams
new text end
new text begin
$1,750,000 the first year is for violent crime
enforcement teams.
new text end
new text begin Subd. 8. new text end
new text begin
Emergency Communication Networks
|
new text begin
82,597,000 new text end |
new text begin
68,597,000 new text end |
||||
|
new text begin
Appropriations by Fund new text end |
||
|
new text begin
911 Fund new text end |
new text begin
82,597,000 new text end |
new text begin
68,597,000 new text end |
new text begin
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services unless
otherwise indicated.
new text end
new text begin
(a) Public Safety Answering Points
new text end
new text begin
$28,011,000 the first year and $28,011,000
the second year shall be distributed as
provided under Minnesota Statutes, section
403.113, subdivision 2.
new text end
new text begin
Each eligible entity receiving these funds must
provide a detailed report on how the funds
were used to the commissioner of public safety
by August 1, 2027.
new text end
new text begin
(b) ARMER State Backbone Operating
Costs
new text end
new text begin
$10,384,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end
new text begin
(c) Statewide Emergency Communications
Board
new text end
new text begin
$1,000,000 each year is to the Statewide
Emergency Communications Board. Funds
may be used for operating costs, to provide
competitive grants to local units of
government to fund enhancements to a
communication system, technology, or support
activity that directly provides the ability to
deliver the 911 call between the entry point to
the 911 system and the first responder, and to
further the strategic goals set forth by the
SECB Statewide Communication
Interoperability Plan.
new text end
new text begin
(d) ARMER Critical Infrastructure
new text end
new text begin
$14,000,000 the first year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone. This is a onetime
appropriation and is available until June 30,
2029.
new text end
new text begin Subd. 9. new text end
new text begin
Driver and Vehicle Services
|
new text begin
382,000 new text end |
new text begin
382,000 new text end |
||||
new text begin
Ignition Interlock
new text end
new text begin
$382,000 each year is from the driver and
vehicle services operating account in the
special revenue fund for staffing costs related
to the modifications to the ignition interlock
device program proposed in 2025 S.F. No.
2068. This appropriation is contingent upon
the passage of 2025 S.F. No. 2068.
new text end
Sec. 4. new text begin PEACE OFFICER STANDARDS AND
|
new text begin
$ new text end |
new text begin
12,749,000 new text end |
new text begin
$ new text end |
new text begin
12,797,000 new text end |
||
new text begin
(a) Peace Officer Training Reimbursements
new text end
new text begin
$2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end
new text begin
(b) Philando Castile Memorial Training
Fund
new text end
new text begin
$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. These funds may
only be used to reimburse costs related to
training courses that qualify for reimbursement
under Minnesota Statutes, sections 626.8452,
626.8469, and 626.8474. This is a onetime
appropriation.
new text end
Sec. 5. new text begin PRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
697,000 new text end |
new text begin
$ new text end |
new text begin
706,000 new text end |
||
Sec. 6. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
824,336,000 new text end |
new text begin
$ new text end |
new text begin
835,273,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Incarceration and
|
new text begin
$ new text end |
new text begin
571,289,000 new text end |
new text begin
$ new text end |
new text begin
579,340,000 new text end |
new text begin
(a) Task Force on Mandatory Minimum
Sentences
new text end
new text begin
$133,000 the first year is for the task force on
mandatory minimum sentences.
new text end
new text begin
(b) Incarceration and Prerelease Services
Base Budget
new text end
new text begin
The base for incarceration and prerelease
services is $579,583,000 in fiscal year 2028
and $579,638,000 in fiscal year 2029.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
193,304,000 new text end |
new text begin
195,647,000 new text end |
new text begin
(a) Community Supervision Funding
new text end
new text begin
$143,378,000 each year is for community
supervision services. This appropriation shall
be distributed according to the community
supervision formula in Minnesota Statutes,
section 401.10.
new text end
new text begin
(b) Tribal Nation Supervision
new text end
new text begin
$2,750,000 each year is for Tribal Nations to
provide supervision or supportive services
pursuant to Minnesota Statutes, section
401.10.
new text end
new text begin
(c) Housing Initiatives
new text end
new text begin
$1,685,000 each year is for housing initiatives
to support stable housing of incarcerated
individuals upon release.
new text end
new text begin
(d) Sentencing to Service Programs
new text end
new text begin
$1,773,000 each year is for sentencing to
service programs.
new text end
new text begin
(e) Community Supervision and Postrelease
Services Base Budget
new text end
new text begin
The base for community supervision and
postrelease services is $195,647,000 in fiscal
year 2028 and $195,647,000 in fiscal year
2029.
new text end
new text begin Subd. 4. new text end
new text begin
Organizational, Regulatory, and
|
new text begin
59,743,000 new text end |
new text begin
60,286,000 new text end |
||||
new text begin
Organizational, Regulatory, and
Administrative Services Base Budget
new text end
new text begin
The base for organizational, regulatory, and
administrative services is $60,286,000 in fiscal
year 2028 and $60,286,000 in fiscal year 2029.
new text end
Sec. 7. new text begin OMBUDSPERSON FOR
|
new text begin
$ new text end |
new text begin
1,118,000 new text end |
new text begin
$ new text end |
new text begin
1,137,000 new text end |
||
Sec. 8. new text begin CLEMENCY REVIEW COMMISSION
|
new text begin
$ new text end |
new text begin
995,000 new text end |
new text begin
$ new text end |
new text begin
1,005,000 new text end |
||
Sec. 9. new text begin GENERAL FUND TRANSFER; MINNESOTA VICTIMS OF CRIME
ACCOUNT.
new text end
new text begin
$8,366,000 the first year is transferred from the general fund to the Minnesota victims
of crime account in the special revenue fund under Minnesota Statutes, section 299A.708.
new text end
Sec. 10. new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION ACCOUNT;
TRANSFER.
new text end
new text begin
The commissioner of management and budget shall transfer $4,750,000 in fiscal year
2026 and $3,000,000 in fiscal year 2027 from the community crime and violence prevention
account in the special revenue fund to the general fund.
new text end
Sec. 11.
Minnesota Statutes 2024, section 299A.296, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Duties of agency and grant recipients; report required. new text end
new text begin
(a) The commissioner
of public safety shall collect and document, at a minimum, the following information about
grants under this section:
new text end
new text begin
(1) a summary of the purpose of the grant;
new text end
new text begin
(2) the amount of the grant awarded to the grantee;
new text end
new text begin
(3) the amount of previous grants issued by the commissioner to the grantee;
new text end
new text begin
(4) the amount of other state and federal grants awarded to the grantee in the most recent
fiscal year; and
new text end
new text begin
(5) the number of Minnesotans served by the organization.
new text end
new text begin
(b) As a condition of receiving a grant from the Department of Public Safety, a grantee
must agree to provide the commissioner any information necessary to complete the report
required by this subdivision.
new text end
new text begin
(c) If a grantee uses grant money to provide services to persons who reside outside of
Minnesota, the grantee must list for the commissioner the states where non-Minnesotan
participants reside and provide an explanation of why grant money was used to provide
services to non-Minnesota residents.
new text end
new text begin
(d) The commissioner is not required to report under paragraph (e) information described
in paragraph (a), clause (5), for a grantee that does not offer programming that requires
completion or that cannot be measured by objective standards.
new text end
new text begin
(e) Beginning January 15, 2026, the commissioner shall submit a report containing the
information provided by grant recipients as required under this subdivision to the chairs
and ranking minority members of the legislative committees with jurisdiction over public
safety policy and funding. The report must also include an analysis of the grant recipients'
success in meeting the purpose and any goals or measurable outcomes specified for the
grant. An updated version of this report must be submitted on January 15 of each succeeding
year until January 15 in the year following the date when all of the grant funds have been
spent.
new text end
Sec. 12.
Minnesota Statutes 2024, section 299A.41, subdivision 3, is amended to read:
Subd. 3.
Killed in the line of duty.
(a) "Killed in the line of duty" does not include new text begin any
new text end deaths from natural causes, except as new text begin expressly new text end provided in this subdivision. In the case of
a public safety officer, killed in the line of duty includes the death of a public safety officer
caused by accidental means while the public safety officer is acting in the course and scope
of duties as a public safety officer. Killed in the line of duty also means if a public safety
officer dies as the direct and proximate result of a heart attack, stroke, or vascular rupture,
that officer shall be presumed to have died as the direct and proximate result of a personal
injury sustained in the line of duty if:
(1) that officer, while on duty:
(i) engaged in deleted text begin a situation, and that engagement involved nonroutine stressful or strenuous
physicaldeleted text end law enforcement, fire suppression, rescue, hazardous material response, emergency
medical services, prison security, disaster relief, or other emergency response activity; or
(ii) participated in a training exercisedeleted text begin , and that participation involved nonroutine stressful
or strenuous physical activitydeleted text end ;
(2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:
(i) while engaging or participating under clause (1);
(ii) while still on duty after engaging or participating under clause (1); or
(iii) not later than 24 hours after engaging or participating under clause (1); and
(3) the presumption is not overcome by competent medical evidence to the contrary.
(b) "Killed in the line of duty" also means that the officer died due to suicide:
(1) secondary to a diagnosis of posttraumatic stress disorder as described in the most
recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by
the American Psychiatric Association; or
(2) within 45 days of the end of exposure, while on duty, to a traumatic event.
new text begin
(c) "Killed in the line of duty" also means that the officer died as a result of complications
caused by exposure sustained in the line of duty to any of the following infectious diseases,
viruses, or bacteria, if medical records identify the disease, virus, or bacteria as a cause of
or contributing factor to the death: COVID-19; influenza; hepatitis B; hepatitis C;
tuberculosis; HIV/AIDS; meningitis; MRSA; whooping cough; or streptococcus pneumoniae.
new text end
new text begin EFFECTIVE DATE; RETROACTIVE APPLICATION. new text end
new text begin
This section is effective
the day following final enactment and applies retroactively from February 1, 2020.
new text end
Sec. 13.
Minnesota Statutes 2024, section 299A.41, subdivision 4, is amended to read:
Subd. 4.
Public safety officer.
"Public safety officer" includes:
(1) a peace officer defined in section 626.84, subdivision 1, paragraph (c) or (d);
(2) a correction officer employed at a correctional facility and charged with maintaining
the safety, security, discipline, and custody of inmates at the facility;
(3) a corrections staff person working in a public agency and supervising offenders in
the community as defined in sections 243.05, subdivision 6; 244.19, subdivision 1; and
401.01, subdivision 2;
(4) an individual employed on a full-time new text begin or part-time new text end basis by the state or by a fire
department of a governmental subdivision of the state, who is engaged in any of the following
duties:
(i) firefighting;
(ii) emergency motor vehicle operation;
(iii) investigation into the cause and origin of fires;
(iv) the provision of emergency medical services; or
(v) hazardous material responder;
(5) a legally enrolled member of a volunteer new text begin or paid-on-call new text end fire department or member
of an independent nonprofit firefighting corporation who is engaged in the hazards of
firefighting;
(6) a good samaritan while complying with the request or direction of a public safety
officer to assist the officer;
(7) a reserve police officer or a reserve deputy sheriff while acting under the supervision
and authority of a political subdivision;
(8) a driver or attendant with a licensed basic or advanced life-support transportation
service who is engaged in providing emergency care;
(9) a first responder who is certified by the director of the Office of Emergency Medical
Services to perform basic emergency skills before the arrival of a licensed ambulance service
and who is a member of an organized service recognized by a local political subdivision to
respond to medical emergencies to provide initial medical care before the arrival of an
ambulance; deleted text begin and
deleted text end
(10) a person, other than a state trooper, employed by the commissioner of public safety
and assigned to the State Patrol, whose primary employment duty is either Capitol security
or the enforcement of commercial motor vehicle laws and regulationsnew text begin ; and
new text end
new text begin (11) a person formerly employed as a public safety officer under clauses (1) to (5) or
(7) to (10), if the person separated from service due to a duty disability as defined in section
353.01, subdivision 41new text end .
new text begin EFFECTIVE DATE; RETROACTIVE APPLICATION. new text end
new text begin
This section is effective
the day following final enactment and applies retroactively from February 1, 2020.
new text end
Sec. 14.
new text begin
[299A.708] MINNESOTA VICTIMS OF CRIME ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Account established. new text end
new text begin
The Minnesota victims of crime account is
established in the special revenue fund.
new text end
new text begin Subd. 2. new text end
new text begin Source of funds. new text end
new text begin
Money in the account consists of:
new text end
new text begin
(1) general fund transfers;
new text end
new text begin
(2) gifts, donations, and any interest or earnings of the account; and
new text end
new text begin
(3) penalty assessments collected under section 609.1015.
new text end
new text begin Subd. 3. new text end
new text begin Appropriation; account purpose; grants. new text end
new text begin
Money in the account, including
interest accrued, is appropriated to the commissioner of public safety for the Office of Justice
Programs to provide grants to crime victim services providers. Grants must be used for
direct services and advocacy for victims of sexual assault, general crime, domestic violence,
and child abuse. Funding must support the direct needs of organizations serving victims of
crime and may provide: direct client assistance to crime victims; competitive wages for
direct service staff; hotel stays and other housing-related supports and services; culturally
responsive programming; prevention programming, including domestic abuse transformation
and restorative justice programming; and for other needs of organizations and crime victim
survivors. Services funded must include services for victims of crime in underserved
communities most impacted by violence and reflect the ethnic, racial, economic, cultural,
and geographic diversity of the state.
new text end
new text begin Subd. 4. new text end
new text begin Carryover. new text end
new text begin
Money in the account does not cancel but remains available for
expenditures for grants identified in subdivision 3.
new text end
Sec. 15.
new text begin
[609.1015] CORPORATE OFFENDERS; PENALTY ASSESSMENT
REQUIRED.
new text end
new text begin
(a) As used in this section, "corporation" means any entity, other than a natural person,
that is capable under the laws of any state to sue, be sued, own property, contract, or employ
another.
new text end
new text begin
(b) When a court is sentencing a corporation that has been convicted of a crime, the
court shall impose an assessment of up to $1,000,000 if the conviction is for a felony offense,
up to $250,000 if the conviction is for a gross misdemeanor offense, and up to $100,000 if
the conviction is for a misdemeanor offense. The assessment is in addition to any criminal
fines, restitution, or surcharge otherwise authorized or required under law. The court shall
impose an assessment of not less than 30 percent of the maximum assessment authorized
by this section unless the defendant makes a showing of undue hardship. The court may not
waive payment of the assessment.
new text end
new text begin
(c) In setting the amount of the assessment, the court shall take the following into
consideration:
new text end
new text begin
(1) the nature and seriousness of the offense;
new text end
new text begin
(2) the number of offenses committed;
new text end
new text begin
(3) the persistence of the criminal conduct;
new text end
new text begin
(4) the length of time over which the criminal conduct occurred;
new text end
new text begin
(5) the willfulness of the corporation's criminal conduct;
new text end
new text begin
(6) the corporation's assets, liabilities, and net worth; and
new text end
new text begin
(7) the particular harm to victims of the crime.
new text end
new text begin
(d) Assessments collected under this section must be deposited into the Minnesota victims
of crime account under section 299A.708.
new text end
Sec. 16.
new text begin
[626.5536] LAW ENFORCEMENT REQUIRED TO REGISTER FOR
ETRACE SYSTEM AND TRACE AND REPORT ON RECOVERED OR
CONFISCATED FIREARMS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following terms have the
meaning given:
new text end
new text begin
(1) "recovered or confiscated" means any of the following:
new text end
new text begin
(i) obtained from a crime scene or in connection with a criminal investigation;
new text end
new text begin
(ii) seized by a law enforcement agency;
new text end
new text begin
(iii) forfeited to a law enforcement agency;
new text end
new text begin
(iv) acquired by a law enforcement agency as an abandoned or discarded firearm;
new text end
new text begin
(v) obtained following the unlawful discharge of a firearm; or
new text end
new text begin
(vi) otherwise obtained and reasonably believed to be connected to a crime; and
new text end
new text begin
(2) "law enforcement agency" does not include the State Patrol or the Department of
Natural Resources.
new text end
new text begin Subd. 2. new text end
new text begin Reporting required. new text end
new text begin
(a) Each law enforcement agency shall register for the
United States Bureau of Alcohol, Tobacco, Firearms and Explosives National Tracing
Center's eTrace system, and opt-in to the system's collective data sharing feature.
new text end
new text begin
(b) Whenever a firearm is recovered or confiscated by a law enforcement agency, the
agency must, as soon as practicable:
new text end
new text begin
(1) transmit information relating to the firearm to the eTrace system; and
new text end
new text begin
(2) to the extent testing equipment is available, arrange for the firearm to be test fired
and the results submitted to the National Integrated Ballistics Information Network.
new text end
new text begin
(c) Whenever a shell casing is recovered or confiscated by a law enforcement agency,
that agency must, as soon as practicable, submit the ballistics information to the National
Integrated Ballistics Information Network.
new text end
Sec. 17.
Laws 2023, chapter 52, article 2, section 3, subdivision 2, is amended to read:
Subd. 2.Public Safety
|
1,000,000 |
2,250,000 |
2,000,000 |
(a) Public Safety Officer Survivor Benefits
$1,000,000 in fiscal year 2023, $1,000,000 in
fiscal year 2024, and $1,000,000 in fiscal year
2025 are for payment of public safety officer
survivor benefits under Minnesota Statutes,
section 299A.44. If the appropriation for either
year is insufficient, the appropriation for the
other year is available.new text begin This appropriation is
available until June 30, 2027.
new text end
(b) Soft Body Armor Reimbursements
$1,000,000 each year is for increases in the
base appropriation for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38. This is a onetime
appropriation.
(c) Firearm Storage Grants
$250,000 the first year is for grants to local or
state law enforcement agencies to support the
safe and secure storage of firearms owned by
persons subject to extreme risk protection
orders. The commissioner must apply for a
grant from the Byrne State Crisis Intervention
Program to supplement the funds appropriated
by the legislature for implementation of
Minnesota Statutes, sections 624.7171 to
624.7178 and 626.8481. Of the federal funds
received, the commissioner must dedicate at
least an amount that is equal to this
appropriation to fund safe and secure firearms
storage grants provided for under this
paragraph.
Sec. 18.
Laws 2023, chapter 52, article 2, section 3, subdivision 8, as amended by Laws
2023, chapter 69, section 12, and Laws 2024, chapter 123, article 1, section 11, and Laws
2024, chapter 123, article 9, section 3, is amended to read:
Subd. 8.Office of Justice Programs
|
94,758,000 |
80,434,000 |
||||
| Appropriations by Fund |
||
| General |
94,662,000 |
80,338,000 |
| State Government Special Revenue |
96,000 |
96,000 |
(a) Domestic and Sexual Violence Housing
$1,500,000 each year is to establish a
Domestic Violence Housing First grant
program to provide resources for survivors of
violence to access safe and stable housing and
for staff to provide mobile advocacy and
expertise in housing resources in their
community and a Minnesota Domestic and
Sexual Violence Transitional Housing
program to develop and support medium to
long term transitional housing for survivors
of domestic and sexual violence with
supportive services. The base for this
appropriation is $1,000,000 beginning in fiscal
year 2026.
(b) Federal Victims of Crime Funding Gap
$11,000,000 each year is to fund services for
victims of domestic violence, sexual assault,
child abuse, and other crimes. This is a
onetime appropriation.
(c) Office for Missing and Murdered Black
Women and Girls
$1,248,000 each year is to establish and
maintain the Minnesota Office for Missing
and Murdered Black Women and Girls.
(d) Increased Staffing
$667,000 the first year and $1,334,000 the
second year are to increase staffing in the
Office of Justice Programs for grant
monitoring and compliance; provide training
and technical assistance to grantees and
potential grantees; conduct community
outreach and engagement to improve the
experiences and outcomes of applicants, grant
recipients, and crime victims throughout
Minnesota; expand the Minnesota Statistical
Analysis Center; and increase staffing for the
crime victim reimbursement program and the
Crime Victim Justice Unit.
(e) Office of Restorative Practices
$500,000 each year is to establish and
maintain the Office of Restorative Practices.
(f) Crossover and Dual-Status Youth Model
Grants
$1,000,000 each year is to provide grants to
local units of government to initiate or expand
crossover youth practices model and
dual-status youth programs that provide
services for youth who are involved with or
at risk of becoming involved with both the
child welfare and juvenile justice systems, in
accordance with the Robert F. Kennedy
National Resource Center for Juvenile Justice
model. This is a onetime appropriation.
(g) Restorative Practices Initiatives Grants
$4,000,000 each year is for grants to establish
and support restorative practices initiatives
pursuant to Minnesota Statutes, section
299A.95, subdivision 6, and for a restitution
grant program under Minnesota Statutes,
section 299A.955. This appropriation is
available until June 30, 2026. The base for this
appropriation is $2,500,000 beginning in fiscal
year 2026.
(h) Ramsey County Youth Treatment
Homes Acquisition and Betterment
$5,000,000 the first year is for a grant to
Ramsey County to establish, with input from
community stakeholders, including impacted
youth and families, up to seven intensive
trauma-informed therapeutic treatment homes
in Ramsey County that are licensed by the
Department of Human Services, that are
culturally specific, that are community-based,
and that can be secured. These residential
spaces must provide intensive treatment and
intentional healing for youth as ordered by the
court as part of the disposition of a case in
juvenile court. This appropriation is available
through June 30, deleted text begin 2026deleted text end new text begin 2027new text end .
(i) Ramsey County Violence Prevention
$5,000,000 the first year is for a grant to
Ramsey County to award grants to develop
new and further enhance existing
community-based organizational support
through violence prevention and community
wellness grants. Grantees must use the money
to create family support groups and resources
to support families during the time a young
person is placed out of home following a
juvenile delinquency adjudication and support
the family through the period of postplacement
reentry; create community-based respite
options for conflict or crisis de-escalation to
prevent incarceration or further systems
involvement for families; or establish
additional meaningful employment
opportunities for systems-involved youth. This
appropriation is available through June 30,
2027.
(j) Office for Missing and Murdered
Indigenous Relatives
$274,000 each year is for increased staff and
operating costs of the Office for Missing and
Murdered Indigenous Relatives, the Missing
and Murdered Indigenous Relatives Advisory
Board, and the Gaagige-Mikwendaagoziwag
reward advisory group.
(k) Youth Intervention Programs
$3,525,000 the first year and $3,526,000 the
second year are for youth intervention
programs under Minnesota Statutes, section
299A.73. The base for this appropriation is
$3,526,000 in fiscal year 2026 and $3,525,000
in fiscal year 2027.
(l) Community Crime Intervention and
Prevention Grants
$750,000 each year is for community crime
intervention and prevention program grants,
authorized under Minnesota Statutes, section
299A.296. This is a onetime appropriation.
(m) Resources for Victims of Crime
$1,000,000 each year is for general crime
victim grants to meet the needs of victims of
crime not covered by domestic violence,
sexual assault, or child abuse services. This is
a onetime appropriation.
(n) Prosecutor Training
$100,000 each year is for a grant to the
Minnesota County Attorneys Association to
be used for prosecutorial and law enforcement
training, including trial school training and
train-the-trainer courses. All training funded
with grant proceeds must contain blocks of
instruction on racial disparities in the criminal
justice system, collateral consequences to
criminal convictions, and trauma-informed
responses to victims. This is a onetime
appropriation.
The Minnesota County Attorneys Association
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over public safety policy and
finance on the training provided with grant
proceeds, including a description of each
training and the number of prosecutors and
law enforcement officers who received
training. The report is due by February 15,
2025. The report may include trainings
scheduled to be completed after the date of
submission with an estimate of expected
participants.
(o) Minnesota Heals
$500,000 each year is for the Minnesota Heals
grant program. This is a onetime
appropriation.
(p) Sexual Assault Exam Costs
$3,967,000 the first year and $3,767,000 the
second year are to reimburse qualified health
care providers for the expenses associated with
medical examinations administered to victims
of criminal sexual conduct as required under
Minnesota Statutes, section 609.35, and for
costs to administer the program. The base for
this appropriation is $3,771,000 in fiscal year
2026 and $3,776,000 in fiscal year 2027.
(q) First Responder Mental Health
Curriculum
$75,000 each year is for a grant to the Adler
graduate school. The grantee must use the
grant to develop a curriculum for a 24-week
certificate to train licensed therapists to
understand the nuances, culture, and stressors
of the work environments of first responders
to allow those therapists to provide effective
treatment to first responders in distress. The
grantee must collaborate with first responders
who are familiar with the psychological,
cultural, and professional issues of their field
to develop the curriculum and promote it upon
completion.
The grantee may provide the program online.
The grantee must seek to recruit additional
participants from outside the 11-county
metropolitan area.
The grantee must create a resource directory
to provide law enforcement agencies with
names of counselors who complete the
program and other resources to support law
enforcement professionals with overall
wellness. The grantee shall collaborate with
the Department of Public Safety and law
enforcement organizations to promote the
directory. This is a onetime appropriation.
(r) Pathways to Policing
$400,000 each year is for reimbursement
grants to state and local law enforcement
agencies that operate pathway to policing
programs. Applicants for reimbursement
grants may receive up to 50 percent of the cost
of compensating and training program
participants. Reimbursement grants shall be
proportionally allocated based on the number
of grant applications approved by the
commissioner. This is a onetime appropriation.
(s) Direct Assistance to Crime Victim
Survivors
$5,000,000 each year is to provide grants for
direct services and advocacy for victims of
sexual assault, general crime, domestic
violence, and child abuse. Funding must
support the direct needs of organizations
serving victims of crime by providing: direct
client assistance to crime victims; competitive
wages for direct service staff; hotel stays and
other housing-related supports and services;
culturally responsive programming; prevention
programming, including domestic abuse
transformation and restorative justice
programming; and for other needs of
organizations and crime victim survivors.
Services funded must include services for
victims of crime in underserved communities
most impacted by violence and reflect the
ethnic, racial, economic, cultural, and
geographic diversity of the state. The office
shall prioritize culturally specific programs,
or organizations led and staffed by persons of
color that primarily serve communities of
color, when allocating funds.
(t) Racially Diverse Youth
$250,000 each year is for grants to
organizations to address racial disparity of
youth using shelter services in the Rochester
and St. Cloud regional areas. Of this amount,
$125,000 each year is to address this issue in
the Rochester area and $125,000 each year is
to address this issue in the St. Cloud area. A
grant recipient shall establish and operate a
pilot program connected to shelter services to
engage in community intervention outreach,
mobile case management, family reunification,
aftercare, and follow up when family members
are released from shelter services. A pilot
program must specifically address the high
number of racially diverse youth that enter
shelters in the regions. This is a onetime
appropriation.
(u) Violence Prevention Project Research
Center
$500,000 each year is for a grant to the
Violence Prevention Project Research Center,
operating as a 501(c)(3) organization, for
research focused on reducing violence in
society that uses data and analysis to improve
criminal justice-related policy and practice in
Minnesota. Research must place an emphasis
on issues related to deaths and injuries
involving firearms. This is a onetime
appropriation.
Beginning January 15, 2025, the Violence
Prevention Project Research Center must
submit an annual report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over public safety
policy and finance on its work and findings.
The report must include a description of the
data reviewed, an analysis of that data, and
recommendations to improve criminal
justice-related policy and practice in
Minnesota with specific recommendations to
address deaths and injuries involving firearms.
(v) Report on Approaches to Address Illicit
Drug Use in Minnesota
$118,000 each year is to enter into an
agreement with Rise Research LLC for a study
and set of reports on illicit drug use in
Minnesota describing current responses to that
use, reviewing alternative approaches utilized
in other jurisdictions, and making policy and
funding recommendations for a holistic and
effective response to illicit drug use and the
illicit drug trade. The agreement must establish
a budget and schedule with clear deliverables.
This appropriation is onetime.
The study must include a review of current
policies, practices, and funding; identification
of alternative approaches utilized effectively
in other jurisdictions; and policy and funding
recommendations for a response to illicit drug
use and the illicit drug trade that reduces and,
where possible, prevents harm and expands
individual and community health, safety, and
autonomy. Recommendations must consider
impacts on public safety, racial equity,
accessibility of health and ancillary supportive
social services, and the intersections between
drug policy and mental health, housing and
homelessness, overdose and infectious disease,
child welfare, and employment.
Rise Research may subcontract and coordinate
with other organizations or individuals to
conduct research, provide analysis, and
prepare the reports required by this section.
Rise Research shall submit reports to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
public safety finance and policy, human
services finance and policy, health finance and
policy, and judiciary finance and policy. Rise
Research shall submit an initial report by
February 15, 2024, and a final report by March
1, 2025.
(w) Legal Representation for Children
$150,000 each year is for a grant to an
organization that provides legal representation
for children in need of protection or services
and children in out-of-home placement. The
grant is contingent upon a match in an equal
amount from nonstate funds. The match may
be in kind, including the value of volunteer
attorney time, in cash, or a combination of the
two. These appropriations are in addition to
any other appropriations for the legal
representation of children. This appropriation
is onetime.
(x) Pretrial Release Study and Report
$250,000 each year are for a grant to the
Minnesota Justice Research Center to study
and report on pretrial release practices in
Minnesota and other jurisdictions, including
but not limited to the use of bail as a condition
of pretrial release. This appropriation is
onetime.
(y) Intensive Comprehensive Peace Officer
Education and Training Program
$5,000,000 the first year is to implement the
intensive comprehensive peace officer
education and training program described in
Minnesota Statutes, section 626.8516. This
appropriation is available through June 30,
2027.
(z) Youth Services Office
$250,000 each year is to operate the Youth
Services Office.
Sec. 19.
Laws 2023, chapter 68, article 1, section 4, subdivision 2, is amended to read:
Subd. 2.Administration and Related Services
|
||||||
| (a) Office of Communications |
896,000 |
1,148,000 |
||||
This appropriation is from the general fund.
| (b) Public Safety Support |
9,976,000 |
11,773,000 |
||||
| Appropriations by Fund |
||
| 2024 |
2025 |
|
| General |
5,049,000 |
6,564,000 |
| Trunk Highway |
4,927,000 |
5,209,000 |
$1,482,000 in each year is from the general
fund for staff and operating costs related to
public engagement activities.
| (c) Public Safety Officer Survivor Benefits |
640,000 |
640,000 |
||||
This appropriation is from the general fund
for payment of public safety officer survivor
benefits under Minnesota Statutes, section
299A.44. If the appropriation for either year
is insufficient, the appropriation for the other
year is available for it.new text begin This appropriation is
available until June 30, 2027.
new text end
| (d) Public Safety Officer Reimbursements |
1,367,000 |
1,367,000 |
||||
This appropriation is from the general fund
for transfer to the public safety officer's benefit
account. This appropriation is available for
reimbursements under Minnesota Statutes,
section 299A.465.
| (e) Soft Body Armor Reimbursements |
745,000 |
745,000 |
||||
This appropriation is from the general fund
for soft body armor reimbursements under
Minnesota Statutes, section 299A.38.
| (f) Technology and Support Services |
6,712,000 |
6,783,000 |
||||
| Appropriations by Fund |
||
| 2024 |
2025 |
|
| General |
1,645,000 |
1,684,000 |
| Trunk Highway |
5,067,000 |
5,099,000 |
Sec. 20. new text begin TASK FORCE ON MANDATORY MINIMUM SENTENCES.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "mandatory minimum" means
legislatively defined, predetermined sentencing requirements, including but not limited to
sentencing requirements under Minnesota Statutes, sections 152.021, 152.022, and 609.11,
that mandate a minimum period of commitment to the commissioner of corrections upon
conviction for certain offenses.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The Task Force on Mandatory Minimum Sentences is
established to collect and analyze data on the charging, convicting, and sentencing of persons
to mandatory minimum sentences; assess whether current laws and practices promote public
safety and equity in sentencing; and make recommendations to the legislature.
new text end
new text begin Subd. 3. new text end
new text begin Membership. new text end
new text begin
(a) The task force consists of the following members:
new text end
new text begin
(1) the commissioner of corrections, or a designee;
new text end
new text begin
(2) the executive director of the Minnesota Sentencing Guidelines Commission, or a
designee;
new text end
new text begin
(3) the state public defender, or a designee;
new text end
new text begin
(4) the statewide coordinator of the Violent Crime Coordinating Council, or a designee;
new text end
new text begin
(5) one defense attorney, appointed by the Minnesota Association of Criminal Defense
Lawyers;
new text end
new text begin
(6) two county attorneys, one from Hennepin or Ramsey County and one from outside
the seven-county metropolitan area, appointed by the Minnesota County Attorneys
Association;
new text end
new text begin
(7) a peace officer familiar with shooting investigations, appointed by the Minnesota
Sheriffs' Association;
new text end
new text begin
(8) a peace officer familiar with shooting investigations, appointed by the Minnesota
Chiefs of Police Association;
new text end
new text begin
(9) one member representing a victims' rights organization, appointed by the senate
majority leader;
new text end
new text begin
(10) one member of a statewide civil rights organization, appointed by the speaker of
the house of representatives;
new text end
new text begin
(11) one impacted person who is directly related to a person who has been convicted of
a mandatory minimum sentence or who has themselves been convicted of a mandatory
minimum sentence and has completed the sentence, appointed by the governor; and
new text end
new text begin
(12) one person with academic expertise regarding the laws and practices of other states
relating to mandatory minimum sentences, appointed by the governor.
new text end
new text begin
(b) Appointments must be made no later than July 30, 2025.
new text end
new text begin
(c) Members shall serve without compensation.
new text end
new text begin
(d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end
new text begin Subd. 4. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end
new text begin
(b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2025, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end
new text begin
(c) The task force shall meet at least monthly or upon the call of the chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end
new text begin
(d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of mandatory minimum sentences.
new text end
new text begin Subd. 5. new text end
new text begin Duties. new text end
new text begin
(a) The task force shall, at a minimum:
new text end
new text begin
(1) collect and analyze data on charges, convictions, and sentences that involve mandatory
minimum sentences;
new text end
new text begin
(2) collect and analyze data on mandatory minimum sentences in which a person received
a mitigated durational departure because the mandatory minimum sentence was seen as
inappropriate by a judge or county attorney, or both;
new text end
new text begin
(3) collect and analyze data on mandatory minimum sentences in which a person likely
would have received a mitigated durational departure but for the enforcement of a mandatory
minimum sentence;
new text end
new text begin
(4) collect and analyze data on charges, convictions, and sentences for codefendants of
persons sentenced to a mandatory minimum sentence;
new text end
new text begin
(5) review relevant state statutes and state and federal court decisions;
new text end
new text begin
(6) receive input from persons who were convicted of a crime with a mandatory minimum
sentence;
new text end
new text begin
(7) receive input from family members of persons who were convicted of a crime with
a mandatory minimum sentence;
new text end
new text begin
(8) receive input from persons who were victims of crimes with a mandatory minimum
sentence;
new text end
new text begin
(9) receive input from family members of persons who were victims of crimes with a
mandatory minimum sentence;
new text end
new text begin
(10) analyze the benefits and unintended consequences of state statutes and practices
related to the charging, convicting, and sentencing of persons of crimes with mandatory
minimum sentences, including but not limited to an analysis of whether current statutes and
practices:
new text end
new text begin
(i) promote public safety; and
new text end
new text begin
(ii) properly punish a person for that person's role in an offense; and
new text end
new text begin
(11) make recommendations for legislative action, if any, on laws affecting:
new text end
new text begin
(i) the collection and reporting of data; and
new text end
new text begin
(ii) the charging, convicting, and sentencing of persons for crimes with mandatory
minimum sentences.
new text end
new text begin
(b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
On or before August 15, 2026, the task force shall submit a report to
the chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over criminal sentencing on the findings and recommendations of the task force.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
The task force expires the day after submitting the report under
subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21. new text begin PROCESS FOR RETROACTIVE CLAIMS.
new text end
new text begin
(a) Notwithstanding Minnesota Statutes, section 299A.47, claims for benefits arising
out of deaths occurring before July 1, 2025, where eligibility is due to the retroactive changes
made in this act are timely if filed by July 1, 2027. Claims for benefits arising out of deaths
that occur on or after July 1, 2027, are subject to the limitation period described in Minnesota
Statutes, section 299A.47.
new text end
new text begin
(b) Notwithstanding Minnesota Statutes, section 299A.47, the commissioner of public
safety shall review previously denied benefit claims for deaths occurring between February
1, 2020, and the effective date of this act, determine whether the applicant is eligible for
benefits based on the retroactive application of the amendments made in this act, and award
applicable benefits as necessary.
new text end
ARTICLE 3
FINANCIAL CRIMES AND FRAUD INVESTIGATIONS
Section 1.
Minnesota Statutes 2024, section 13.82, subdivision 1, is amended to read:
Subdivision 1.
Application.
This section shall apply to agencies which carry on a law
enforcement function, including but not limited to municipal police departments, county
sheriff departments, fire departments, the Bureau of Criminal Apprehension, the Minnesota
State Patrol, the Board of Peace Officer Standards and Training, deleted text begin the Department of
Commerce,deleted text end and county human service agency client and provider fraud investigation,
prevention, and control units operated or supervised by the Department of Human Services.
Sec. 2.
Minnesota Statutes 2024, section 43A.17, subdivision 13, is amended to read:
Subd. 13.
Compensation for law enforcement officers.
(a) For purposes of this
subdivision, the term "law enforcement officers" means all licensed peace officers employed
by the state who are included in the state units under section 179A.10, subdivision 2,
including without limitation: Minnesota State Patrol troopers, Bureau of Criminal
Apprehension agents,new text begin including Financial Crimes and Fraud Section agents,new text end and Alcohol
and Gambling Enforcement agents, in the Department of Public Safety; Department of
Natural Resources conservation officers;new text begin andnew text end Department of Corrections Fugitive
Apprehension Unit membersdeleted text begin ; and Commerce Fraud Bureau agents in the Department of
Commercedeleted text end .
(b) When the commissioner of management and budget negotiates a collective bargaining
agreement establishing compensation for law enforcement officers, the commissioner must
use compensation and benefit data from the most recent salary and benefits survey conducted
pursuant to section 299D.03, subdivision 2a, to compare salaries to ensure appropriate
increases are made to law enforcement officer salaries and benefits.
Sec. 3.
Minnesota Statutes 2024, section 45.0135, subdivision 2b, is amended to read:
Subd. 2b.
Duties.
Thenew text begin commissioner ofnew text end commerce deleted text begin Fraud Bureau shalldeleted text end new text begin maynew text end :
(1) review notices and reports deleted text begin within the Commerce Fraud Bureau's primary jurisdictiondeleted text end
submitted by authorized insurers, their employees, and agents or producersnew text begin regarding
insurance fraud, as defined in section 60A.951, subdivision 4new text end ;
deleted text begin
(2) respond to notifications or complaints within the Commerce Fraud Bureau's primary
jurisdiction generated by other law enforcement agencies, state or federal governmental
units, or any other person;
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end initiate inquiries and conduct investigationsnew text begin under section 45.027new text end when the deleted text begin bureaudeleted text end new text begin
commissionernew text end has reason to believe that deleted text begin an offense within the Commerce Fraud Bureau's
primary jurisdictiondeleted text end new text begin insurance fraud, as defined in section 60A.951, subdivision 4,new text end has been
or is being committed; and
deleted text begin
(4) report crimes disclosed by the Commerce Fraud Bureau's investigations to appropriate
law enforcement agencies, including, but not limited to, the attorney general, county
attorneys, or any other appropriate law enforcement or regulatory agency, and shall assemble
evidence, prepare charges, and otherwise assist any law enforcement authority having
jurisdiction.
deleted text end
new text begin
(3) share active investigative data pursuant to section 13.39 concerning insurance fraud
with the commissioner of public safety and the Bureau of Criminal Apprehension.
new text end
Sec. 4.
Minnesota Statutes 2024, section 45.0135, is amended by adding a subdivision to
read:
new text begin Subd. 2g. new text end
new text begin Criminal insurance fraud investigations. new text end
new text begin
(a) The Bureau of Criminal
Apprehension shall conduct investigations of criminal insurance fraud, as defined in section
609.611, in accordance with section 299C.061.
new text end
new text begin
(b) The commissioner shall report criminal insurance fraud-related crimes disclosed by
the Department of Commerce's investigations of civil insurance fraud to the Bureau of
Criminal Apprehension.
new text end
Sec. 5.
Minnesota Statutes 2024, section 45.0135, subdivision 6, is amended to read:
Subd. 6.
Insurance fraud prevention account.
The insurance fraud prevention account
is created in the state treasury. Money received from assessments under deleted text begin subdivision 7deleted text end new text begin section
299C.061, subdivision 10,new text end and transferred from the automobile theft prevention account in
sections 65B.84, subdivision 1, and 297I.11, subdivision 2, is deposited in the account.
Money in this fund is appropriated to the commissioner of deleted text begin commercedeleted text end new text begin public safetynew text end for the
purposes specified in this section and sections 60A.951 to 60A.956.
Sec. 6.
Minnesota Statutes 2024, section 45.0135, subdivision 7, is amended to read:
Subd. 7.
Assessment.
Each insurer authorized to sell insurance in the state of Minnesota,
including surplus lines carriers, and having Minnesota earned premium the previous calendar
year shall remit an assessment to the commissionernew text begin of public safetynew text end for deposit in the
insurance fraud prevention account on or before June 1 of each year. The amount of the
assessment shall be based on the insurer's total assets and on the insurer's total written
Minnesota premium, for the preceding fiscal year, as reported pursuant to section 60A.13.new text begin
The commissioner of public safety shall consult with the commissioner of commerce for
purposes of calculating the assessment amount.new text end Beginning with the payment due on or
before June 1, 2024, the assessment amount is:
| Total Assets |
Assessment |
|||
| Less than $100,000,000 |
$ |
400 |
||
| $100,000,000 to $1,000,000,000 |
$ |
1,500 |
||
| Over $1,000,000,000 |
$ |
4,000 |
||
| Minnesota Written Premium |
Assessment |
|||
| Less than $10,000,000 |
$ |
400 |
||
| $10,000,000 to $100,000,000 |
$ |
1,500 |
||
| Over $100,000,000 |
$ |
4,000 |
||
For purposes of this subdivision, the following entities are not considered to be insurers
authorized to sell insurance in the state of Minnesota: risk retention groups; or township
mutuals organized under chapter 67A.
Sec. 7.
Minnesota Statutes 2024, section 45.0135, subdivision 8, is amended to read:
Subd. 8.
Investigations; health-related boards.
(a) The deleted text begin Commerce Frauddeleted text end Bureaunew text begin of
Criminal Apprehensionnew text end may consult with the appropriate health-related board when a
licensee, licensed under chapter 144E, 147, 148, 148B, or 150A, is suspected of insurance
fraud.
(b) The bureau shall, for any conviction involving or related to insurance, send copies
of all public data in its possession to the appropriate health-related licensing board.
Sec. 8.
Minnesota Statutes 2024, section 45.0135, subdivision 9, is amended to read:
Subd. 9.
Administrative penalty for insurance fraud.
(a) The commissioner may:
(1) impose an administrative penalty against any person in an amount as set forth in
paragraph (b) for each intentional act of insurance fraud or substantiated acts of attempted
insurance fraud as defined in section 60A.951, subdivision 4, committed by that person;
(2) order restitution to any person suffering loss as a result of the insurance fraud; and
(3) order restitution to a company for the reasonable documented cost of any investigation
in connection with the insurance fraud.
(b) The administrative penalty for each violation described in paragraph (a) may be no
more than:
(1) $20,000 if the funds or the value of the property or services wrongfully obtained
exceeds $5,000;
(2) $10,000 if the funds or value of the property or services wrongfully obtained exceeds
$1,000, but not more than $5,000;
(3) $3,000 if the funds or value of the property or services wrongfully obtained is more
than $500, but not more than $1,000; and
(4) $1,000 if the funds or value of the property or services wrongfully obtained is $500
or less.
(c) If an administrative penalty is not paid after all rights of appeal have been waived
or exhausted, the commissioner may bring a civil action in a court of competent jurisdiction
to collect the administrative penalty, including expenses and litigation costs, reasonable
attorney fees, and interest.
(d) This section does not affect a person's right to seek recovery, including expenses
and litigation costs, reasonable attorney fees, and interest, against any person that commits
insurance fraud.
(e) For purposes of this subdivision, "insurance fraud" has the meaning given in section
60A.951, subdivision 4.
(f) Hearings under this subdivision must be conducted in accordance with chapter 14
and any other applicable law.
(g) All revenues from penalties, expenses, costs, fees, and interest collected under
paragraphs (a) to (c) shall be deposited deleted text begin indeleted text end new text begin intonew text end the insurance fraud prevention account under
deleted text begin subdivision 6deleted text end new text begin section 299C.061, subdivision 9new text end .
Sec. 9.
Minnesota Statutes 2024, section 60A.951, subdivision 2, is amended to read:
Subd. 2.
Authorized person.
"Authorized person" means the county attorney, sheriff,
or chief of police responsible for investigations in the county where the suspected insurance
fraud occurred; the superintendent of the Bureau of Criminal Apprehension; the commissioner
of commerce; deleted text begin the Commerce Fraud Bureau;deleted text end the commissioner of labor and industry; the
attorney general; or any duly constituted criminal investigative department or agency of the
United States.
Sec. 10.
Minnesota Statutes 2024, section 60A.952, subdivision 2, is amended to read:
Subd. 2.
Notice to and cooperation with the deleted text begin Commerce Frauddeleted text end Bureaunew text begin of Criminal
Apprehensionnew text end .
Any insurer or insurance professional that has reasonable belief that an act
of insurance fraud will be, is being, or has been committed, shall furnish and disclose all
relevant information to the deleted text begin Commerce Frauddeleted text end Bureaunew text begin of Criminal Apprehensionnew text end or to any
authorized person and cooperate fully with any investigation conducted by the deleted text begin Commerce
Frauddeleted text end Bureaunew text begin of Criminal Apprehensionnew text end . Any person that has a reasonable belief that an
act of insurance fraud will be, is being, or has been committed, or any person who collects,
reviews, or analyzes information concerning insurance fraud may furnish and disclose any
information in its possession concerning the act to the Commerce Fraud Bureau, any
authorized person, or to an authorized representative of an insurer that requests the
information for the purpose of detecting, prosecuting, or preventing insurance fraud. The
insurer may also release relevant information to any person authorized to receive the
information under section 72A.502, subdivision 2. If disclosure is made to an authorized
person other than the deleted text begin Commerce Frauddeleted text end Bureaunew text begin of Criminal Apprehensionnew text end , a copy of the
disclosure must be sent to the deleted text begin Commerce Frauddeleted text end Bureaunew text begin of Criminal Apprehensionnew text end .
Sec. 11.
Minnesota Statutes 2024, section 60A.952, subdivision 4, is amended to read:
Subd. 4.
Tolling of time periods.
If an insurer has a reasonable or probable cause to
believe that an insurance fraud has been committed in connection with an insurance claim,
and has properly notified the deleted text begin Commerce Frauddeleted text end Bureaunew text begin of Criminal Apprehensionnew text end of its
suspicions according to subdivision 2, the notification tolls any applicable time period in
any unfair claims practices statute or related regulations, or any action on the claim against
the insurer to whom the claim had been presented for bad faith, until 30 days after
determination by the deleted text begin Commerce Frauddeleted text end Bureaunew text begin of Criminal Apprehensionnew text end and notice to the
insurer that the deleted text begin divisiondeleted text end new text begin Bureau of Criminal Apprehensionnew text end will not recommend action on
the claim.
Sec. 12.
Minnesota Statutes 2024, section 60A.952, subdivision 5, is amended to read:
Subd. 5.
Reward for information.
The deleted text begin Commerce Frauddeleted text end Bureaunew text begin of Criminal
Apprehensionnew text end , in cooperation with authorized insurers and insurance professionals, may
establish a voluntary fund to reward persons not connected with the insurance industry who
provide information or furnish evidence leading to the arrest and conviction of persons
responsible for insurance fraud.
Sec. 13.
Minnesota Statutes 2024, section 60A.954, subdivision 2, is amended to read:
Subd. 2.
Review.
The commissioner may review each insurer's antifraud plan to determine
whether it complies with the requirements of this section. If the commissioner finds that an
insurer's antifraud plan does not comply with the requirements of this section, the
commissioner shall disapprove the plan and send a notice of disapproval, along with the
reasons for disapproval, to the insurer. An insurer whose antifraud plan has been disapproved
by the commissioner shall submit a new plan to the commissioner within 60 days after the
plan was disapproved. The commissioner may examine an insurer's procedures to determine
whether the insurer is complying with its antifraud plan. The commissioner shall withhold
from public inspection any part of an insurer's antifraud plan for so long as the commissioner
deems the withholding to be in the public interest.new text begin The commissioner may share an insurer's
complete antifraud plan with the Bureau of Criminal Apprehension.
new text end
Sec. 14.
Minnesota Statutes 2024, section 60A.956, is amended to read:
60A.956 OTHER LAW ENFORCEMENT AUTHORITY.
Nothing in sections 60A.951 to 60A.956 preempts the authority of or relieves the duty
of any other law enforcement agencies to investigate and prosecute alleged violations of
law, prevents or prohibits a person from voluntarily disclosing any information concerning
insurance fraud to any law enforcement agency other than the deleted text begin Commerce Frauddeleted text end Bureaunew text begin of
Criminal Apprehensionnew text end , or limits any of the powers granted elsewhere by the laws of this
state to the commissioner of commerce to investigate alleged violations of law and to take
appropriate action.
Sec. 15.
Minnesota Statutes 2024, section 65B.84, is amended to read:
65B.84 AUTOMOBILE THEFT PREVENTION PROGRAM.
Subdivision 1.
Program described; commissioner's duties; appropriation.
(a) The
commissioner of deleted text begin commercedeleted text end new text begin public safetynew text end shall:
(1) develop and sponsor the implementation of statewide plans, programs, and strategies
to combat automobile theft, improve the administration of the automobile theft laws, and
provide a forum for identification of critical problems for those persons dealing with
automobile theft;
(2) coordinate the development, adoption, and implementation of plans, programs, and
strategies relating to interagency and intergovernmental cooperation with respect to
automobile theft enforcement;
(3) annually audit the plans and programs that have been funded in whole or in part to
evaluate the effectiveness of the plans and programs and withdraw funding should the
commissioner determine that a plan or program is ineffective or is no longer in need of
further financial support from the fund;
(4) develop a plan of operation including:
(i) an assessment of the scope of the problem of automobile theft, including areas of the
state where the problem is greatest;
(ii) an analysis of various methods of combating the problem of automobile theft;
(iii) a plan for providing financial support to combat automobile theft;
(iv) a plan for eliminating car hijacking; and
(v) an estimate of the funds required to implement the plan; and
(5) distribute money, in consultation with the commissioner of deleted text begin public safetydeleted text end new text begin commercenew text end ,
pursuant to subdivision 3 from the automobile theft prevention special revenue account for
automobile theft prevention activities, including:
(i) paying the administrative costs of the program;
(ii) providing financial support to the State Patrol and local law enforcement agencies
for automobile theft enforcement teams;
(iii) providing financial support to state or local law enforcement agencies for programs
designed to reduce the incidence of automobile theft and for improved equipment and
techniques for responding to automobile thefts;
(iv) providing financial support to local prosecutors for programs designed to reduce
the incidence of automobile theft;
(v) providing financial support to judicial agencies for programs designed to reduce the
incidence of automobile theft;
(vi) providing financial support for neighborhood or community organizations or business
organizations for programs designed to reduce the incidence of automobile theft and to
educate people about the common methods of automobile theft, the models of automobiles
most likely to be stolen, and the times and places automobile theft is most likely to occur;
and
(vii) providing financial support for automobile theft educational and training programs
for state and local law enforcement officials, driver and vehicle services exam and inspections
staff, and members of the judiciary.
(b) The commissioner may not spend in any fiscal year more than ten percent of the
money in the fund for the program's administrative and operating costs. The commissioner
is annually appropriated and must distribute the amount of the proceeds credited to the
automobile theft prevention special revenue account each year, less the transfer of $1,300,000
each year to the insurance fraud prevention account described in section 297I.11, subdivision
2.
(c) At the end of each fiscal year, the commissioner may transfer any unobligated balances
in the auto theft prevention account to the insurance fraud prevention account under section
deleted text begin 45.0135, subdivision 6deleted text end new text begin 299C.061, subdivision 9new text end .
(d) The commissioner must establish a library of equipment to combat automobile-related
theft offenses. The equipment must be available to all law enforcement agencies upon
request to support law enforcement agency efforts to combat automobile theft.
Subd. 2.
Annual report.
By September 30 each year, the commissionernew text begin of public safetynew text end
shall report to the governor and the chairs and ranking minority members of the house of
representatives and senate committees having jurisdiction over the deleted text begin Departmentsdeleted text end new text begin Department new text end
of deleted text begin Commerce anddeleted text end Public Safety on the activities and expenditures in the preceding year.
Subd. 3.
Grant criteria; application.
(a) A county attorney's office, law enforcement
agency, neighborhood organization, community organization, or business organization may
apply for a grant under this section. Multiple offices or agencies within a county may apply
for a grant under this section.
(b) The commissionernew text begin of public safetynew text end , in consultation with the commissioner of deleted text begin public
safetydeleted text end new text begin commercenew text end , must develop criteria for the fair distribution of grants from the automobile
theft prevention account that address the following factors:
(1) the number of reported automobile thefts per capita in a city, county, or region, not
merely the total number of automobile thefts;
(2) the population of the jurisdiction of the applicant office or agency;
(3) the total funds distributed within a county or region; and
(4) the statewide interest in automobile theft reduction.
(c) The commissioner may give priority to:
(1) offices and agencies engaged in a collaborative effort to reduce automobile theft;
and
(2) counties or regions with the greatest rates of automobile theft.
(d) The minimum amount of a grant award is $5,000. After considering the automobile
theft rate and total population of an applicant's jurisdiction, if a grant award, as determined
under the criteria and priorities in this subdivision, would be less than $5,000, it must not
be awarded.
Subd. 4.
Advisory board; creation; membership.
An Automobile Theft Prevention
Advisory Board is established to advise the commissioner on the distribution of grants under
this section. The board must consist of seven members appointed by the commissionernew text begin of
public safetynew text end and must include representatives of law enforcement, prosecuting agencies,
automobile insurers, and the public. The commissioner must annually select a chair from
among its members.
Subd. 5.
Definition.
For purposes of this section, "automobile theft" includes
automobile-related theft.
Sec. 16.
Minnesota Statutes 2024, section 268.19, subdivision 1, is amended to read:
Subdivision 1.
Use of data.
(a) Except as provided by this section, data gathered from
any person under the administration of the Minnesota Unemployment Insurance Law are
private data on individuals or nonpublic data not on individuals as defined in section 13.02,
subdivisions 9 and 12, and may not be disclosed except according to a district court order
or section 13.05. A subpoena is not considered a district court order. These data may be
disseminated to and used by the following agencies without the consent of the subject of
the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) any agency of any other state or any federal agency charged with the administration
of an unemployment insurance program;
(3) any agency responsible for the maintenance of a system of public employment offices
for the purpose of assisting individuals in obtaining employment;
(4) the public authority responsible for child support in Minnesota or any other state in
accordance with section 518A.83;
(5) human rights agencies within Minnesota that have enforcement powers;
(6) the Department of Revenue to the extent necessary for its duties under Minnesota
laws;
(7) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(8) the Department of Labor and Industry deleted text begin and the Commerce Fraud Bureau indeleted text end new text begin ,new text end the
Department of Commercenew text begin , and the Bureau of Criminal Apprehensionnew text end for uses consistent
with the administration of their duties under Minnesota law;
(9) the Department of Human Services and the Office of Inspector General and its agents
within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;
(10) the Department of Human Services for the purpose of evaluating medical assistance
services and supporting program improvement;
(11) local and state welfare agencies for monitoring the eligibility of the data subject
for assistance programs, or for any employment or training program administered by those
agencies, whether alone, in combination with another welfare agency, or in conjunction
with the department or to monitor and evaluate the statewide Minnesota family investment
program and other cash assistance programs, the Supplemental Nutrition Assistance Program,
and the Supplemental Nutrition Assistance Program Employment and Training program by
providing data on recipients and former recipients of Supplemental Nutrition Assistance
Program (SNAP) benefits, cash assistance under chapter 256, 256D, 256J, or 256K, child
care assistance under chapter 142E, or medical programs under chapter 256B or 256L or
formerly codified under chapter 256D;
(12) local and state welfare agencies for the purpose of identifying employment, wages,
and other information to assist in the collection of an overpayment debt in an assistance
program;
(13) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;
(14) the United States Immigration and Customs Enforcement has access to data on
specific individuals and specific employers provided the specific individual or specific
employer is the subject of an investigation by that agency;
(15) the Department of Health for the purposes of epidemiologic investigations;
(16) the Department of Corrections for the purposes of case planning and internal research
for preprobation, probation, and postprobation employment tracking of offenders sentenced
to probation and preconfinement and postconfinement employment tracking of committed
offenders;
(17) the state auditor to the extent necessary to conduct audits of job opportunity building
zones as required under section 469.3201;
(18) the Office of Higher Education for purposes of supporting program improvement,
system evaluation, and research initiatives including the Statewide Longitudinal Education
Data System; and
(19) the Family and Medical Benefits Division of the Department of Employment and
Economic Development to be used as necessary to administer chapter 268B.
(b) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268.182 are confidential as to data on individuals
and protected nonpublic data not on individuals as defined in section 13.02, subdivisions 3
and 13, and must not be disclosed except under statute or district court order or to a party
named in a criminal proceeding, administrative or judicial, for preparation of a defense.
(c) Data gathered by the department in the administration of the Minnesota unemployment
insurance program must not be made the subject or the basis for any suit in any civil
proceedings, administrative or judicial, unless the action is initiated by the department.
Sec. 17.
Minnesota Statutes 2024, section 268B.30, is amended to read:
268B.30 DATA PRIVACY.
(a) Except as provided by this section, data collected, created, or maintained under this
chapter are private data on individuals or nonpublic data not on individuals as defined in
section 13.02, subdivisions 9 and 12, and must not be disclosed except according to a district
court order or section 13.05. A subpoena is not considered a district court order.
(b) Data classified under paragraph (a) may be disseminated to and used by the following
without the consent of the subject of the data:
(1) state and federal agencies specifically authorized access to the data by state or federal
law;
(2) the unemployment insurance division, to the extent necessary to administer the
programs established under this chapter and chapter 268;
(3) employers, to the extent necessary to support adjudication of application requests
and to support the employer's administration of a leave of absence;
(4) health care providers, to the extent necessary to support verification of health care
conditions and qualifying events;
(5) the public authority responsible for child support in Minnesota or any other state in
accordance with section 518A.83;
(6) human rights agencies within Minnesota that have enforcement powers;
(7) the Department of Revenue, to the extent necessary for its duties under Minnesota
laws;
(8) public and private agencies responsible for administering publicly financed assistance
programs for the purpose of monitoring the eligibility of the program's recipients;
(9) the Department of Labor and Industry deleted text begin and the Commerce Fraud Bureau indeleted text end new text begin ,new text end the
Department of Commercenew text begin , and the Bureau of Criminal Apprehensionnew text end for uses consistent
with the administration of their duties under Minnesota law;
(10) the Department of Human Services and the Office of Inspector General and its
agents within the Department of Human Services, including county fraud investigators, for
investigations related to recipient or provider fraud and employees of providers when the
provider is suspected of committing public assistance fraud;
(11) the Department of Public Safety for support in identity verification;
(12) local, state, and federal law enforcement agencies for the purpose of ascertaining
the last known address and employment location of an individual who is the subject of a
criminal investigation;
(13) the Department of Health for the purposes of epidemiologic investigations;
(14) the Department of Corrections for the purposes of tracking incarceration of
applicants; and
(15) contracted third parties, to the extent necessary to aid in identity verification,
adjudication, administration, and evaluation of the program.
(c) Data on individuals and employers that are collected, maintained, or used by the
department in an investigation under section 268B.19, 268B.21, 268B.22, or 268B.23 are
confidential as to data on individuals and protected nonpublic data not on individuals as
defined in section 13.02, subdivisions 3 and 13, and must not be disclosed except under
statute or district court order or to a party named in a criminal proceeding, administrative
or judicial, for preparation of a defense.
(d) Data gathered by the department in the administration of this chapter must not be
made the subject or the basis for any suit in any civil proceedings, administrative or judicial,
unless the action is initiated by the department.
Sec. 18.
Minnesota Statutes 2024, section 297I.11, subdivision 2, is amended to read:
Subd. 2.
Automobile theft prevention account.
A special revenue account in the state
treasury shall be credited with the proceeds of the surcharge imposed under subdivision 1.
Of the revenue in the account, $1,300,000 each year must be transferred to the insurance
fraud prevention account under section deleted text begin 45.0135, subdivision 6deleted text end new text begin 299C.061, subdivision 9new text end .
Revenues in excess of $1,300,000 each year may be used only for the automobile theft
prevention program described in section 65B.84.
Sec. 19.
new text begin
[299C.061] FINANCIAL CRIMES AND FRAUD SECTION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Fraud involving state funded or administered programs or services" includes any
violation of section 609.445, 609.465, 609.466, 609.52, 609.5523, 609.611, 609.651,
609.7475, or 609.821 involving a state agency or state funded or administered program or
service.
new text end
new text begin
(c) "Peace officer" has the meaning given in section 626.84, subdivision 1, paragraph
(c).
new text end
new text begin
(d) "State agency" has the meaning given in section 13.02, subdivision 17.
new text end
new text begin
(e) "Superintendent" means the superintendent of the Bureau of Criminal Apprehension.
new text end
new text begin
(f) "Section" means the Financial Crimes and Fraud Section of the Bureau of Criminal
Apprehension.
new text end
new text begin Subd. 2. new text end
new text begin Financial Crimes and Fraud Section. new text end
new text begin
The superintendent shall operate the
Financial Crimes and Fraud Section within the Bureau of Criminal Apprehension to conduct
investigations into insurance fraud, financial crimes, wage theft, and fraud involving state
funded or administered programs or services. The Section shall be partially or fully comprised
of licensed peace officers. Members of this section have the full authorities specified in
chapter 299C and are not limited to the duties enumerated in this section.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
The Financial Crimes and Fraud Section shall:
new text end
new text begin
(1) review notices and reports of insurance fraud and related crimes submitted by
authorized insurers, their employees, and agents or producers pursuant to sections 60A.951
to 60A.956;
new text end
new text begin
(2) initiate inquiries and conduct investigations when the Section has reason to believe
that any of the following offenses have been or are being committed:
new text end
new text begin
(i) fraud involving state funded or administered programs or services in subdivision 1,
paragraph (b);
new text end
new text begin
(ii) insurance fraud and related crimes, as defined in sections 60A.951, subdivision 4,
and 609.611 and support of those activities;
new text end
new text begin
(iii) wage theft and related crimes; and
new text end
new text begin
(iv) any other financial crimes; and
new text end
new text begin
(3) operate the automobile theft prevention program under section 65B.84.
new text end
new text begin Subd. 4. new text end
new text begin Mandatory referral; duty to investigate. new text end
new text begin
(a) Except as provided in paragraphs
(b) and (d), a state agency shall refer all suspected fraudulent activity under the provisions
in subdivision 1, paragraph (b), equaling $100,000 or more, to the Section for evaluation
and investigation or appropriate referral. Upon receipt of the referral, the Section shall
review and, where appropriate, conduct criminal investigations into the allegations. The
Section has sole discretion as to which allegations are investigated further, referred back to
the reporting agency for appropriate regulatory investigation, or referred to another law
enforcement agency with appropriate jurisdiction.
new text end
new text begin
(b) When acting in a civil or criminal law enforcement capacity and permitted by
applicable law or order, the attorney general may, in the attorney general's discretion, refer
suspected fraudulent activity under the provisions in subdivision 1, paragraph (b), to the
Section for evaluation and investigation or appropriate referral in accordance with paragraph
(a).
new text end
new text begin
(c) Notwithstanding paragraph (b), this section has no effect on the authority of the
attorney general to investigate and enforce violations or suspected violations of Minnesota
civil or criminal law.
new text end
new text begin
(d) Referral to the Section under this subdivision is not required when a state agency is
required to refer the fraudulent activity to the state Medicaid Fraud Control Unit in
accordance with Code of Federal Regulations, title 42, section 455.21(A)(1)(a), and section
256B.04, subdivision 10.
new text end
new text begin Subd. 5. new text end
new text begin Discretionary referral. new text end
new text begin
(a) A state agency may refer suspected fraud involving
state funded or administered programs or services equaling less than $100,000 to the Section
for investigation. Upon referral, the Section shall:
new text end
new text begin
(1) accept the referral and, where appropriate, conduct criminal investigations into the
allegations and make appropriate referrals for criminal prosecution; or
new text end
new text begin
(2) redirect the referral to another appropriate law enforcement agency or civil
investigative authority, offering assistance where appropriate.
new text end
new text begin Subd. 6. new text end
new text begin Data sharing authorized. new text end
new text begin
Notwithstanding chapter 13 or any other statute
related to the classification of government data to the contrary, state agencies making a
referral under subdivision 4 or 5 shall provide data related to the suspected fraudulent activity
to the Section, including data classified as not public. The Section may share active criminal
investigative data concerning insurance fraud with the Department of Commerce.
new text end
new text begin Subd. 7. new text end
new text begin State agency reporting. new text end
new text begin
By January 15 of each year, each state agency must
report all suspected fraud incurred by the agency that involves state funded or administered
programs or services equaling $10,000 or more to the Section to be summarized in the report
under subdivision 8. This subdivision does not apply to information obtained by the attorney
general when acting in a civil or criminal law enforcement capacity.
new text end
new text begin Subd. 8. new text end
new text begin Annual report. new text end
new text begin
(a) By February 1 of each year, the superintendent shall report
to the commissioner, the governor, and the chairs and ranking minority members of the
legislative committees with jurisdiction over public safety policy and finance, and commerce
consumer protection policy and finance, the following information pertaining to the Section
since the previous report:
new text end
new text begin
(1) the number of investigations initiated;
new text end
new text begin
(2) the number of allegations investigated;
new text end
new text begin
(3) the outcomes or current status of each investigation;
new text end
new text begin
(4) the charging decisions made by the prosecuting authority of incidents investigated
by the Section;
new text end
new text begin
(5) the number of plea agreements reached in incidents investigated by the Section;
new text end
new text begin
(6) the number of reports received under subdivision 7;
new text end
new text begin
(7) the number of state agency referrals to the state Medicaid Fraud Control Unit reported
to the superintendent under paragraph (b); and
new text end
new text begin
(8) any other information relevant to the Section's responsibilities.
new text end
new text begin
(b) No later than January 15 of each odd-numbered year, each state agency that is required
to make referrals to the state Medicaid Fraud Control Unit in accordance with Code of
Federal Regulations, title 42, section 455.21(A)(1)(a), and section 256B.04, subdivision 10,
shall report the following information to the superintendent for the two previous calendar
years:
new text end
new text begin
(1) the number of cases referred to the state Medicaid Fraud Control Unit;
new text end
new text begin
(2) the number of referrals accepted by the state Medicaid Fraud Control Unit; and
new text end
new text begin
(3) the number of referrals declined by the state Medicaid Fraud Control Unit.
new text end
new text begin Subd. 9. new text end
new text begin Funding allocation. new text end
new text begin
One hundred percent of the funding allocated to the Bureau
of Criminal Apprehension for the assessment in subdivision 10 may only be used for the
investigation of insurance fraud and related crimes, as defined in sections 60A.951,
subdivision 4, and 609.611, and support of those activities.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
(a) Subdivisions 1, 2, 3, 6, and 9 are effective July 1, 2025.
new text end
new text begin
(b) Subdivisions 4, 5, 7, and 8 are effective January 1, 2026.
new text end
Sec. 20.
Minnesota Statutes 2024, section 299C.40, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this section.
(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located in
the Department of Public Safety and managed by the Bureau of Criminal Apprehension. A
reference in this section to "CIBRS" includes the Bureau of Criminal Apprehension.
(c) "Law enforcement agency" means a Minnesota municipal police department, the
Metropolitan Transit Police, the Metropolitan Airports Police, the University of Minnesota
Police Department, the Department of Corrections Fugitive Apprehension Unit, a Minnesota
county sheriff's department, the Enforcement Division of the Department of Natural
Resources, deleted text begin the Commerce Fraud Bureau,deleted text end the Bureau of Criminal Apprehension, or the
Minnesota State Patrol.
Sec. 21.
Minnesota Statutes 2024, section 609.531, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given deleted text begin themdeleted text end .
(a) "Conveyance device" means a device used for transportation and includes, but is not
limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment
attached to it. The term "conveyance device" does not include property which is, in fact,
itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, deleted text begin the Department
of Commerce Fraud Bureau,deleted text end the Minnesota Division of Driver and Vehicle Services, the
Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District
Department of Public Safety, the Department of Natural Resources Division of Enforcement,
the University of Minnesota Police Department, the Department of Corrections Fugitive
Apprehension Unit, a city, metropolitan transit, or airport police department; or a
multijurisdictional entity established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22;
and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy
to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.247;
609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a,
clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i);
609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision
1, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section
609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a
felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle
in the transportation or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained under this
section.
Sec. 22.
Minnesota Statutes 2024, section 626.05, subdivision 2, is amended to read:
Subd. 2.
Peace officer.
The term "peace officer," as used in sections 626.04 to 626.17,
means a person who is licensed as a peace officer in accordance with section 626.84,
subdivision 1, and who serves as a sheriff, deputy sheriff, police officer, conservation officer,
agent of the Bureau of Criminal Apprehension, agent of the Division of Alcohol and
Gambling Enforcement, deleted text begin peace officer of the Commerce Fraud Bureau,deleted text end University of
Minnesota peace officer, Metropolitan Transit police officer, Minnesota Department of
Corrections Fugitive Apprehension Unit member, State Patrol trooper as authorized by
section 299D.03, or railroad peace officer as authorized by section 219.995 and United
States Code, title 49, section 28101.
Sec. 23.
Minnesota Statutes 2024, section 626.84, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of sections 626.84 to 626.863, the following
terms have the meanings given deleted text begin themdeleted text end :
(a) "Board" means the Board of Peace Officer Standards and Training.
(b) "Director" means the executive director of the board.
(c) "Peace officer" means:
(1) an employee or an elected or appointed official of a political subdivision or law
enforcement agency who is licensed by the board, charged with the prevention and detection
of crime and the enforcement of the general criminal laws of the state and who has the full
power of arrest, and shall also include the Minnesota State Patrol, agents of the Division of
Alcohol and Gambling Enforcement, state conservation officers, Metropolitan Transit police
officers, Department of Corrections Fugitive Apprehension Unit officers, deleted text begin Department of
Commerce Fraud Bureau Unit officers,deleted text end the statewide coordinator of the Violent Crime
Coordinating Council, and railroad peace officers as authorized by section 219.995 and
United States Code, title 49, section 28101; and
(2) a peace officer who is employed by a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e), and who is
licensed by the board.
(d) "Part-time peace officer" means an individual licensed by the board whose services
are utilized by law enforcement agencies no more than an average of 20 hours per week,
not including time spent on call when no call to active duty is received, calculated on an
annual basis, who has either full powers of arrest or authorization to carry a firearm while
on active duty. The term shall apply even though the individual receives no compensation
for time spent on active duty, and shall apply irrespective of the title conferred upon the
individual by any law enforcement agency.
(e) "Reserve officer" means an individual whose services are utilized by a law
enforcement agency to provide supplementary assistance at special events, traffic or crowd
control, and administrative or clerical assistance, and shall include reserve deputies, special
deputies, mounted or unmounted patrols, and all other employees or volunteers performing
reserve officer functions. A reserve officer's duties do not include enforcement of the general
criminal laws of the state, and the officer does not have full powers of arrest or authorization
to carry a firearm on duty.
(f) "Law enforcement agency" means:
(1) a unit of state or local government that is authorized by law to grant full powers of
arrest and to charge a person with the duties of preventing and detecting crime and enforcing
the general criminal laws of the state;
(2) subject to the limitations in section 626.93, a law enforcement agency of a federally
recognized tribe, as defined in United States Code, title 25, section 450b(e); and
(3) subject to the limitation of section 219.995, a railroad company.
(g) "Professional peace officer education" means a postsecondary degree program, or a
nondegree program for persons who already have a college degree, that is offered by a
college or university in Minnesota, designed for persons seeking licensure as a peace officer,
and approved by the board.
(h) "Railroad peace officer" means an individual as authorized under United States Code,
title 49, section 28101:
(1) employed by a railroad for the purpose of aiding and supplementing law enforcement
agencies in the protection of property owned by or in the care, custody, or control of a
railroad and to protect the persons and property of railroad passengers and employees; and
(2) licensed by the board.
Sec. 24. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall renumber the subdivisions in column A with the number
listed in column B. The revisor shall also make necessary cross-reference changes in
Minnesota Statutes and Minnesota Rules consistent with the renumbering.
new text end
|
new text begin
Column A new text end |
new text begin
Column B new text end |
|
|
new text begin
45.0135, subdivision 6 new text end |
new text begin
299C.061, subdivision 9 new text end |
|
|
new text begin
45.0135, subdivision 7 new text end |
new text begin
299C.061, subdivision 10 new text end |
|
|
new text begin
45.0135, subdivision 8 new text end |
new text begin
299C.061, subdivision 11 new text end |
|
|
new text begin
45.0135, subdivision 9 new text end |
new text begin
299C.061, subdivision 12 new text end |
|
|
new text begin
299C.061, subdivision 9 new text end |
new text begin
299C.061, subdivision 13 new text end |
Sec. 25. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, sections 45.0135, subdivisions 2a, 2c, 2d, 2e, 2f, 3, 4, and 5;
and 325E.21, subdivision 2b,
new text end
new text begin
are repealed.
new text end
ARTICLE 4
CRIMINAL PROVISIONS
Section 1.
Minnesota Statutes 2024, section 152.021, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of a controlled substance crime in
the first degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves two aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more, or 100 dosage units or more, containing heroin or fentanyl;
(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 500 or more dosage units; or
(6) the person unlawfully possesses:
(i) 50 kilograms or more of cannabis flower;
(ii) ten kilograms or more of cannabis concentrate; or
(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, or any combination of those infused with more than one kilogram of
tetrahydrocannabinols.
(b) For the purposes of this subdivision, deleted text begin the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluiddeleted text end new text begin a mixture does not include the fluid used in a
water pipe or any amount of a controlled substance that is dissolved in the pipe's fluidnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2024, section 152.022, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in the
second degree if:
(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine;
(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
or more containing cocaine or methamphetamine and:
(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or
(ii) the offense involves three aggravating factors;
(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
or more, or 50 dosage units or more, containing heroin or fentanyl;
(4) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing a narcotic drug other than cocaine, heroin, fentanyl, or methamphetamine;
(5) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing amphetamine, phencyclidine, or hallucinogen or, if the controlled
substance is packaged in dosage units, equaling 100 or more dosage units; or
(6) the person unlawfully possesses:
(i) 25 kilograms or more of cannabis flower;
(ii) five kilograms or more of cannabis concentrate; or
(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, or any combination of those infused with more than 500 grams of
tetrahydrocannabinols.
(b) For the purposes of this subdivision, deleted text begin the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluiddeleted text end new text begin a mixture does not include the fluid used in a
water pipe or any amount of a controlled substance that is dissolved in the pipe's fluidnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
Sec. 3.
Minnesota Statutes 2024, section 152.023, subdivision 2, is amended to read:
Subd. 2.
Possession crimes.
(a) A person is guilty of controlled substance crime in the
third degree if:
(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than heroin or fentanyl;
(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of: (i) a total weight of three grams or more containing heroin; or (ii)
a total weight of five grams or more, or 25 dosage units or more, containing fentanyl;
(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug other than heroin or fentanyl, it is packaged
in dosage units, and equals 50 or more dosage units;
(4) on one or more occasions within a 90-day period the person unlawfully possesses
any amount of a schedule I or II narcotic drug or five or more dosage units of lysergic acid
diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility;
(5) on one or more occasions within a 90-day period the person unlawfully possesses:
(i) more than ten kilograms of cannabis flower;
(ii) more than two kilograms of cannabis concentrate; or
(iii) edible cannabis products, lower-potency hemp edibles, hemp-derived consumer
products, or any combination of those infused with more than 200 grams of
tetrahydrocannabinol; or
(6) the person unlawfully possesses one or more mixtures containing methamphetamine
or amphetamine in a school zone, a park zone, a public housing zone, or a drug treatment
facility.
(b) For the purposes of this subdivision, deleted text begin the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluiddeleted text end new text begin a mixture does not include the fluid used in a
water pipe or any amount of a controlled substance that is dissolved in the pipe's fluidnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
Sec. 4.
Minnesota Statutes 2024, section 152.025, subdivision 2, is amended to read:
Subd. 2.
Possession and other crimes.
new text begin (a)new text end A person is guilty of controlled substance
crime in the fifth degree and upon conviction may be sentenced as provided in subdivision
4 if:
(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in Schedule I, II, III, or IV, except cannabis flower, cannabis products,
lower-potency hemp edibles, or hemp-derived consumer products or a residual amount of
one or more mixtures of controlled substances contained in drug paraphernalia; or
(2) the person procures, attempts to procure, possesses, or has control over a controlled
substance by any of the following means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely representing any person to be, a manufacturer,
wholesaler, pharmacist, physician, doctor of osteopathic medicine licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substance.
new text begin
(b) For the purposes of this subdivision, a mixture does not include the fluid used in a
water pipe or any amount of a controlled substance that is dissolved in the pipe's fluid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies retroactively from August 1, 2023.
new text end
Sec. 5.
Minnesota Statutes 2024, section 152.137, subdivision 2, is amended to read:
Subd. 2.
Prohibited conduct.
(a) No person may knowingly engage in any of the
following activities in the presence of a child or vulnerable adult; in the residence of a child
or a vulnerable adult; in a building, structure, conveyance, or outdoor location where a child
or vulnerable adult might reasonably be expected to be present; in a room offered to the
public for overnight accommodation; or in any multiple unit residential building:
(1) manufacturing or attempting to manufacture methamphetamine;
(2) storing any chemical substance;
(3) storing any methamphetamine waste products; or
(4) storing any methamphetamine paraphernalia.
(b) No person may knowingly cause or permit a child or vulnerable adult to inhale, be
exposed to, have contact with, or ingest methamphetamine, a chemical substance, or
methamphetamine paraphernalia.
new text begin
(c) No person may knowingly cause or permit a child or vulnerable adult to inhale, be
exposed to, have contact with, or ingest fentanyl.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2024, section 243.166, subdivision 1b, is amended to read:
Subd. 1b.
Registration required.
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3, paragraph (b); or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (h);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of Minnesota Statutes 2020, section 609.2325, subdivision
1, paragraph (b);
(ii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;
(iii) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(iv) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);
(v) using a minor in a sexual performance in violation of section 617.246; deleted text begin or
deleted text end
(vi) possessing or disseminating a pornographic work involving a minor in violation of
section 617.247;
new text begin
(vii) possession of a child-like sex doll in violation of section 617.248; or
new text end
new text begin
(viii) creation of child-like sex dolls in violation of section 617.249;
new text end
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to an offense or involving similar circumstances to an offense described in clause (1), (2),
or (3), and convicted of or adjudicated delinquent for that offense or another offense arising
out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.
Sec. 7.
Minnesota Statutes 2024, section 609.05, subdivision 2a, is amended to read:
Subd. 2a.
Exception.
(a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), for a death caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.
new text begin
(b) A person may not be held criminally liable for a violation of section 609.185,
paragraph (a), clause (1), for a death of a human being caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with premeditation and with intent to cause the death of a human being.
new text end
new text begin
(c) A person may not be held criminally liable for a violation of section 609.19,
subdivision 1, for a death of a human being caused by another unless the person intentionally
aided, advised, hired, counseled, or conspired with or otherwise procured the other with the
intent to cause the death of a human being.
new text end
deleted text begin (b)deleted text end new text begin (d)new text end A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), for a death caused by another unless the person was a major
participant in the underlying felony and acted with extreme indifference to human life.
deleted text begin (c)deleted text end new text begin (e)new text end As used in this subdivision, "major participant" means a person who:
(1) used a deadly weapon during the commission of the underlying felony or provided
a deadly weapon to another participant where it was reasonably foreseeable that the weapon
would be used in the underlying felony;
(2) caused substantial bodily harm to another during the commission of the underlying
felony;
(3) coerced or hired a participant to undertake actions in furtherance of the underlying
felony that proximately caused the death, and where it was reasonably foreseeable that such
actions would cause death or great bodily harm; or
(4) impeded another person from preventing the death either by physical action or by
threat of physical action where it was reasonably foreseeable that death or great bodily harm
would result.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2024, section 609.185, is amended to read:
609.185 MURDER IN THE FIRST DEGREE.
(a) Whoever does any of the following is guilty of murder in the first degree and shall
be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit new text begin a felony-level violation of any of the
following offenses: new text end burglary, aggravated robbery, carjacking in the first or second degree,
kidnapping, arson in the first or second degree, a drive-by shooting, tampering with a witness
in the first degree,new text begin ornew text end escape from custodydeleted text begin ,deleted text end new text begin ;new text end or deleted text begin any felonydeleted text end new text begin a felony-levelnew text end violation of chapter
152 involving the unlawful sale of a controlled substance;
(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;
(5) causes the death of a minor while committing child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;
(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; or
(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.
(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, subdivision 6, clause (4).
(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, subdivision 6, clause (5).
(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and
(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).
(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2024, section 609.19, subdivision 1, is amended to read:
Subdivision 1.
Intentional murderdeleted text begin ; drive-by shootingsdeleted text end .
Whoever deleted text begin does either of the
followingdeleted text end new text begin causes the death of a human being with intent to effect the death of that person
or another, but without premeditation,new text end is guilty of murder in the second degree and may be
sentenced to imprisonment for not more than 40 yearsdeleted text begin :deleted text end new text begin .
new text end
deleted text begin
(1) causes the death of a human being with intent to effect the death of that person or
another, but without premeditation; or
deleted text end
deleted text begin
(2) causes the death of a human being while committing or attempting to commit a
drive-by shooting in violation of section 609.66, subdivision 1e, under circumstances other
than those described in section 609.185, paragraph (a), clause (3).
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 10.
Minnesota Statutes 2024, section 609.19, subdivision 2, is amended to read:
Subd. 2.
Unintentional murders.
Whoever does either of the following is guilty of
unintentional murder in the second degree and may be sentenced to imprisonment for not
more than 40 years:
(1) causes the death of a human being, without intent to effect the death of any person,
while committing or attempting to commit a deleted text begin felony offense other than criminal sexual
conduct in the first or second degree with force or violence or a drive-by shootingdeleted text end new text begin felony-level
violation of any of the following offenses: burglary, aggravated robbery, carjacking in the
first or second degree, kidnapping, arson in the first or second degree, drive-by shooting,
tampering with a witness in the first degree, escape from custody, malicious punishment of
a child, domestic assault, domestic assault by strangulation, or a crime to further terrorism;
or a felony-level violation of chapter 152 involving the unlawful sale of a controlled
substancenew text end ; or
(2) causes the death of a human being without intent to effect the death of any person,
while intentionally inflicting or attempting to inflict bodily harm upon the victim, when the
perpetrator is restrained under an order for protection and the victim is a person designated
to receive protection under the order. As used in this clause, "order for protection" includes
an order for protection issued under chapter 518B; a harassment restraining order issued
under section 609.748; a court order setting conditions of pretrial release or conditions of
a criminal sentence or juvenile court disposition; a restraining order issued in a marriage
dissolution action; and any order issued by a court of another state or of the United States
that is similar to any of these orders.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 11.
Minnesota Statutes 2024, section 609.19, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Exception. new text end
new text begin
A person shall not be held liable for a violation of subdivision 2,
clause (1), unless their acts present a special danger to human life based on the circumstances
under which the predicate felony was committed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 12.
Minnesota Statutes 2024, section 609.2231, subdivision 2, is amended to read:
Subd. 2.
Firefighters and emergency medical personnel.
new text begin (a) Except as provided in
paragraph (b), new text end whoever new text begin physically new text end assaults any of the following persons deleted text begin and inflicts
demonstrable bodily harmdeleted text end is guilty of a deleted text begin felony and may be sentenced to imprisonment for
not more than two years or to payment of a fine of not more than $4,000, or bothdeleted text end new text begin gross
misdemeanornew text end :
(1) new text begin either:
new text end
new text begin (i) new text end a member of a municipal or volunteer fire departmentnew text begin in the performance of the
member's duties;new text end or
new text begin (ii) a member of an new text end emergency medical services personnel unit in the performance of
the member's duties; or
(2) a physician, nurse, or other person providing health care services in a hospital
emergency department.
new text begin
(b) Whoever physically assaults a person described in paragraph (a), is guilty of a felony
and may be sentenced to imprisonment for not more than three years or to payment of a
fine of not more than $6,000, or both, if the assault inflicts demonstrable bodily harm.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
new text begin
[609.2285] FENTANYL ADULTERATED SUBSTANCES.
new text end
new text begin Subdivision 1. new text end
new text begin Crime. new text end
new text begin
(a) A person who knowingly adulterates or alters a controlled
substance or drug with fentanyl or substitutes a controlled substance or drug with fentanyl
is guilty of a felony.
new text end
new text begin
(b) A person who knowingly adulterates or alters any package or receptacle containing
any controlled substance by replacing the controlled substance or drug in the package or
receptacle with fentanyl or a controlled substance or drug containing fentanyl or substitutes
any package or receptacle containing any controlled substance or drug with another package
or receptacle containing fentanyl is guilty of a felony.
new text end
new text begin
(c) Paragraphs (a) and (b) do not apply to manufacturers, practitioners, pharmacists,
owners of pharmacies, nurses, and other persons when the manufacturer, practitioner,
pharmacist, owner of a pharmacy, nurse, or other person is acting in a professional capacity.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the terms in this subdivision have
the meanings given them.
new text end
new text begin
(b) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
new text end
new text begin
(c) "Drug" has the meaning given in section 152.01, subdivision 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2024, section 609.27, subdivision 2, is amended to read:
Subd. 2.
Sentence.
new text begin (a) new text end Whoever violates subdivision 1 may be sentenced as follows:
(1) to imprisonment for not more than 90 days or to payment of a fine of not more than
$1,000, or both if neither the pecuniary gain received by the violator nor the loss suffered
by the person threatened or another as a result of the threat exceeds $300, or the benefits
received or harm sustained are not susceptible of pecuniary measurement; or
(2) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if such pecuniary gain or loss is more than $300 but less than $2,500;
or
(3) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if such pecuniary gain or loss is $2,500, or more.
new text begin
(b) A person who violates subdivision 1, clause (6), may be sentenced as provided in
paragraph (a). If the violation is the proximate cause of the victim suffering great bodily
harm or death, the person is guilty of a felony and may be sentenced to imprisonment for
not more than 15 years, or to payment of a fine of not more than $30,000, or both.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2026, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2024, section 609.378, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Exception. new text end
new text begin
A person may not be charged with or convicted of a violation of
this section for acts committed while pregnant and before the birth of the person's child or
children, including but not limited to the use of drugs, prescribed or otherwise; experiencing
abuse; exposure to or being a victim of domestic or other violence; or failing to maintain
optimal physical health.
new text end
Sec. 16.
Minnesota Statutes 2024, section 609.50, subdivision 1, is amended to read:
Subdivision 1.
Crime.
new text begin (a) new text end Whoever intentionally does any of the following may be
sentenced as provided in subdivision 2:
(1) obstructs, hinders, or prevents the lawful execution of any legal process, civil or
criminal, or apprehension of another on a charge or conviction of a criminal offense;
(2) obstructs, resists, or interferes with a peace officer while the officer is engaged in
the performance of official duties;
(3) interferes with or obstructs a firefighter while the firefighter is engaged in the
performance of official duties;
(4) interferes with or obstructs a member of an ambulance service personnel crew, as
defined in section 144E.001, subdivision 3a, who is providing, or attempting to provide,
emergency care; or
(5) by force or threat of force endeavors to obstruct any employee of the Department of
Revenue, Department of Public Safety Driver and Vehicle Services Division, a driver's
license agent appointed under section 171.061, or a deputy registrar appointed under section
168.33 while the employee is lawfully engaged in the performance of official duties for the
purpose of deterring or interfering with the performance of those duties.
new text begin
(b) It is a crime punishable as provided in subdivision 2 for someone to approach or
remain within 25 feet of a person described in paragraph (a), clause (2), (3), or (4):
new text end
new text begin
(1) while knowing or having reason to know of the person's status and that the person
is engaged in the lawful performance of a legal duty;
new text end
new text begin
(2) after having received a verbal warning from the person not to approach; and
new text end
new text begin
(3) with the intent to impede or interfere with the person's ability to perform the legal
duty.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
new text begin
[609.5523] THEFT OF PUBLIC FUNDS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Public funds" means all general, special, permanent, trust, and other funds, regardless
of source or purpose, held or administered by a government entity.
new text end
new text begin
(c) "Government entity" has the meaning given in section 13.02, subdivision 7a.
new text end
new text begin Subd. 2. new text end
new text begin Acts constituting theft of public funds. new text end
new text begin
Whoever does any of the following
commits theft of public funds and may be sentenced as provided in subdivision 3:
new text end
new text begin
(1) intentionally and without claim of right takes, uses, transfers, conceals, or retains
possession of public funds of a government entity or a third party administering a program
funded by public vendors without consent and with intent to deprive the government entity
permanently of possession of public funds;
new text end
new text begin
(2) obtains for the actor or another the possession or custody of public funds from a
government entity or a third party administering a program funded by public funds by
intentionally deceiving the government entity or third party with a false representation which
is known to be false, is made with intent to defraud, and does defraud the government entity
or third party to whom it is made. False representation includes without limitation:
new text end
new text begin
(i) a promise made with intent not to perform. Failure to perform is not evidence of
intent not to perform unless corroborated by other substantial evidence; or
new text end
new text begin
(ii) the preparation or filing of a claim for reimbursement, a rate application, or a cost
report which intentionally and falsely states the costs of or actual services provided by a
vendor; or
new text end
new text begin
(3) by swindling, whether by artifice, trick, device, or any other means, obtains public
funds or services funded by public funds from a government entity or a third party
administering a program funded by public funds.
new text end
new text begin Subd. 3. new text end
new text begin Sentence. new text end
new text begin
(a) Whoever commits theft of public funds may be sentenced as
follows:
new text end
new text begin
(1) to imprisonment for not more than 24 years or to payment of a fine of not more than
$100,000, or both, if the value of the property stolen is more than $35,000;
new text end
new text begin
(2) to imprisonment for not more than 12 years or to payment of a fine of not more than
$20,000, or both, if the value of the property stolen exceeds $5,000; or
new text end
new text begin
(3) to imprisonment for not more than six years or to payment of a fine of not more than
$10,000, or both, if the value of the property stolen is more than $1,000 but not more than
$5,000.
new text end
new text begin
(b) In any prosecution for theft of public funds, the value of the money or property
received by the defendant in violation of any of these provisions within any six-month
period may be aggregated and the defendant charged accordingly in applying the provisions
of this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2024, section 609.593, subdivision 1, is amended to read:
Subdivision 1.
Crime.
Whoever intentionally and without consent from one authorized
to give consent causes any damage to or takes, removes, severs, or breaks:
(1) any line erected or maintained for the purpose of transmitting electricity for light,
heat, or power, new text begin including street lighting, vehicle charging, and other public infrastructure,new text end
or any insulator or cross-arm, appurtenance or apparatus connected to the line, or any wire,
cable, or current of the line; or any component used in the generation, transmission, or
distribution of electricity, including equipment used for grounding, system protection, or
personnel protection;
(2) any pipe or main or hazardous liquid pipeline erected, operated, or maintained for
the purpose of transporting, conveying, or distributing gas or other hazardous liquids for
light, heat, power, or any other purpose, or any part of the pipe, main, or pipeline, or any
valve, meter, holder, compressor, machinery, appurtenance, equipment, or apparatus
connected with any main or pipeline; or
(3) any machinery, equipment, or fixtures used in receiving, initiating, amplifying,
processing, transmitting, retransmitting, recording, switching, or monitoring
telecommunications services, such as computers, transformers, amplifiers, routers, repeaters,
multiplexers, and other items performing comparable functions; and machinery, equipment,
and fixtures used in the transportation of telecommunications services, new text begin broadband services,
cable services, new text end radio transmitters and receivers, satellite equipment, microwave equipment,
and other transporting media including wire, cable, fiber, poles, and conduit;
is guilty of a crime and may be sentenced as provided in subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2024, section 609.78, subdivision 2c, is amended to read:
Subd. 2c.
Felony offense; reporting fictitious emergency resulting in response to
the home of certain officials.
Whoever violates subdivision 2, clause (2), is guilty of a
felony and may be sentenced to imprisonment for not more than one year or to payment of
a fine of not more than $5,000, or both, if the person places the call with the intent of
prompting an emergency response to the home of:
(1) an elected official;
(2) a judge as defined in section 609.221, subdivision 6, clause (5);
(3) a prosecuting attorney as defined in section 609.221, subdivision 6, clause (4);
(4) deleted text begin an employee of a correctional facility as defined in section 241.021, subdivision 1ideleted text end new text begin
a correctional employee of the state or a local political subdivisionnew text end ; or
(5) a peace officer as defined in section 626.84, subdivision 1, paragraph (c).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 20.
Minnesota Statutes 2024, section 617.246, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For the purpose of this section, the terms defined in this
subdivision have the meanings given them.
(b) "Minor" means any person under the age of 18.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance or other exhibition presented before
an audience or for purposes of visual or mechanical reproduction that uses a minor to depict
actual or simulated sexual conduct as defined by clause (e).
(e) "Sexual conduct" means any of the following:
(1) an act of sexual intercourse, normal or perverted, including genital-genital,
anal-genital, or oral-genital intercourse, whether between human beings or between a human
being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts
inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume,
or the condition of being fettered, bound or otherwise physically restrained on the part of
one so clothed;
(3) masturbation;
(4) lewd exhibitions of the genitals; or
(5) physical contact with the clothed or unclothed pubic areas or buttocks of a human
male or female, or the breasts of the female, whether alone or between members of the same
or opposite sex or between humans and animals in an act of apparent sexual stimulation or
gratification.
(f) "Pornographic work" means:
(1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,
videodisc, or drawing of a sexual performance involving a minor; or
(2) any visual depiction, including any photograph, film, video, picture, drawing, negative,
slide, or computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means that:
(i) uses a minor to depict actual or simulated sexual conduct;
(ii) has been created, adapted, or modified to appear that an identifiable minor is engaging
in sexual conduct; deleted text begin or
deleted text end
(iii) is advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a visual depiction of a minor engaging
in sexual conductdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(iv) depicts an individual indistinguishable from an actual minor created by the use of
generative artificial intelligence or other computer technology capable of processing and
interpreting specific data inputs, commonly referred to as prompts, to create a visual depiction
of the individual engaging in sexual conduct.
new text end
For the purposes of this paragraph, an identifiable minor is a person who was a minor
at the time the depiction was created or altered, whose image is used to create the visual
depiction.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 21.
new text begin
[617.2471] IMMUNITY.
new text end
new text begin
No civil or criminal liability for a violation of section 617.246 or 617.247 that involves
a pornographic work as defined solely in section 617.246, subdivision 1, paragraph (f),
clause (2), item (iv), may be imposed on an interactive computer service, as defined in
United States Code, title 47, section 230, or a provider of an information service or
telecommunications service, as defined in United States Code, title 47, section 153, or an
employee of the service or provider acting in the course and scope of employment:
new text end
new text begin
(1) for actions taken to prevent, detect, protect against, report, or respond to the
production, generation, incorporation, or synthesization of the work; or
new text end
new text begin
(2) for content provided by another person.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to acts
committed on or after that date.
new text end
Sec. 22.
new text begin
[617.248] POSSESSION OF A CHILD-LIKE SEX DOLL.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
"Child-like sex doll" means an anatomically correct doll,
mannequin, or robot, with features that are intended to depict or resemble a minor and is
intended for use in sex acts.
new text end
new text begin Subd. 2. new text end
new text begin Dissemination prohibited. new text end
new text begin
(a) A person who knowingly, or with reason to
know, disseminates a child-like sex doll to an adult or a minor, is guilty of a felony and may
be sentenced to imprisonment for not more than seven years or to payment of a fine of not
more than $10,000, or both.
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246 or 617.247;
new text end
new text begin
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin
(3) the violation involved a child-like sex doll depicting a minor under the age of 14
years.
new text end
new text begin Subd. 3. new text end
new text begin Possession prohibited. new text end
new text begin
(a) A person who knowingly, or with reason to know,
possesses a child-like sex doll is guilty of a felony and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $5,000, or both.
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
or both, if:
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246 or 617.247;
new text end
new text begin
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin
(3) the violation involved a child-like sex doll depicting a minor under the age of 14
years.
new text end
new text begin Subd. 4. new text end
new text begin Exception. new text end
new text begin
This section does not apply to the performance of official duties
by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists,
or social workers or persons acting at the direction of a licensed physician, psychologist,
or social worker in the course of a bona fide treatment or professional education program.
new text end
new text begin Subd. 5. new text end
new text begin Second offense. new text end
new text begin
If a person is convicted of a second or subsequent violation
of this section within 15 years of the prior conviction, the court shall order a mental
examination of the person. The examiner shall report to the court whether treatment of the
person is necessary.
new text end
new text begin Subd. 6. new text end
new text begin Conditional release term. new text end
new text begin
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, 617.246, 617.247, or 617.249, or any similar statute of the
United States, this state, or any other state, the commissioner shall place the person on
conditional release for 15 years. The terms of conditional release are governed by section
609.3455, subdivision 8.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 23.
new text begin
[617.249] CREATION OF CHILD-LIKE SEX DOLLS PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the terms defined in this
subdivision have the meanings given.
new text end
new text begin
(b) "Child-like sex doll" has the meaning given in section 617.248.
new text end
new text begin
(c) "Minor" means any person under the age of 18.
new text end
new text begin
(d) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
new text end
new text begin Subd. 2. new text end
new text begin Use of minor. new text end
new text begin
(a) It is unlawful for a person to promote, employ, use, or permit
a minor to engage in or assist others to engage minors in the modeling for the creation of a
child-like sex doll if the person knows or has reason to know that the conduct intended is
to create a child-like sex doll.
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
or both.
new text end
new text begin
(c) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246, 617.247, or 617.248;
new text end
new text begin
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin
(3) the violation involved a minor under the age of 14 years.
new text end
new text begin Subd. 3. new text end
new text begin Operation or ownership of business. new text end
new text begin
(a) It is unlawful for a person who owns
or operates a business to intentionally disseminate or reproduce a child-like sex doll where
a minor was used or employed in the modeling for the creation of the child-like sex doll.
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
or both.
new text end
new text begin
(c) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246, 617.247, or 617.248;
new text end
new text begin
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin
(3) the violation involved a minor under the age of 14 years.
new text end
new text begin Subd. 4. new text end
new text begin Dissemination. new text end
new text begin
(a) A person who intentionally disseminates for profit to an
adult or a minor a child-like sex doll that used or employed a minor in the modeling for the
creation of the child-like sex doll is guilty of a felony and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $10,000, or both.
new text end
new text begin
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
new text end
new text begin
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246, 617.247, or 617.248;
new text end
new text begin
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end
new text begin
(3) the violation involved a minor under the age of 14 years.
new text end
new text begin Subd. 5. new text end
new text begin Consent; mistake. new text end
new text begin
Neither consent to the modeling for the creation of a
child-like sex doll by a minor or the minor's parent, guardian, or custodian nor mistake as
to the minor's age is a defense to a charge of violation of this section.
new text end
new text begin Subd. 6. new text end
new text begin Conditional release term. new text end
new text begin
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, 617.246, 617.247, or 617.248, or any similar statute of the
United States, this state, or any other state, the commissioner shall place the person on
conditional release for 15 years. The terms of conditional release are governed by section
609.3455, subdivision 8.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 24. new text begin LIABILITY FOR MURDER COMMITTED BY ANOTHER;
RETROACTIVE APPLICATION.
new text end
new text begin Subdivision 1. new text end
new text begin Purpose. new text end
new text begin
Any person convicted of a violation of Minnesota Statutes,
section 609.185, paragraph (a), clause (1), under the theory of liability for crimes of another
and who is in the custody of the commissioner of corrections or under court supervision is
entitled to petition to have the person's conviction vacated pursuant to this section.
new text end
new text begin Subd. 2. new text end
new text begin Notification. new text end
new text begin
(a) By September 1, 2026, the commissioner of corrections shall
notify individuals convicted of a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (1), of the right to file a preliminary application for relief if the person was
convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1),
and the person:
new text end
new text begin
(1) did not cause the death of a human being; and
new text end
new text begin
(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with premeditation or the intent to cause the death of a human being.
new text end
new text begin
(b) The notice shall include the address of the court administration of the judicial district
of conviction.
new text end
new text begin
(c) The commissioner of corrections may coordinate with the judicial branch to establish
a standardized notification form.
new text end
new text begin Subd. 3. new text end
new text begin Preliminary application. new text end
new text begin
(a) An applicant shall submit a preliminary application
to the court administration of the judicial district in which the conviction took place. The
preliminary application must contain:
new text end
new text begin
(1) the applicant's name and, if different, the name under which the person was convicted;
new text end
new text begin
(2) the applicant's date of birth;
new text end
new text begin
(3) the district court case number of the case for which the person is seeking relief;
new text end
new text begin
(4) a statement as to whether the applicant was convicted following a trial or pursuant
to a plea;
new text end
new text begin
(5) a statement as to whether the person filed a direct appeal from the conviction, a
petition for postconviction relief, or both;
new text end
new text begin
(6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled
to relief under this section from a conviction for the death of a human being caused by
another; and
new text end
new text begin
(7) the name and address of any attorney representing the applicant.
new text end
new text begin
(b) The preliminary application may contain:
new text end
new text begin
(1) the name, date of birth, and district court case number of any other person charged
with, or convicted of, a crime arising from the same set of circumstances for which the
applicant was convicted; and
new text end
new text begin
(2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
investigation or life imprisonment report, describing the facts of the case for which the
applicant was convicted.
new text end
new text begin
(c) The judicial branch may establish a standardized preliminary application form, but
shall not reject a preliminary application for failure to use a standardized form.
new text end
new text begin
(d) Any person seeking relief under this section must submit a preliminary application
no later than October 1, 2027. Submission is complete upon mailing.
new text end
new text begin
(e) Submission of a preliminary application shall be without costs or any fees charged
to the applicant.
new text end
new text begin Subd. 4. new text end
new text begin Review of preliminary application. new text end
new text begin
(a) Upon receipt of a preliminary
application, the chief judge of the judicial district in which the conviction took place shall
promptly assign the matter to a judge in that district.
new text end
new text begin
(b) Within 90 days of receiving the preliminary application, the reviewing judge shall
determine whether, in the discretion of that judge, there is a reasonable probability that the
application is entitled to relief under this section.
new text end
new text begin
(c) In making the determination under paragraph (b), the reviewing judge shall consider
the preliminary application and any materials submitted with the preliminary application
and may consider relevant records in the possession of the judicial branch.
new text end
new text begin
(d) The court may summarily deny an application when:
new text end
new text begin
(1) the application does not contain the information required under subdivision 3,
paragraph (a);
new text end
new text begin
(2) the applicant is not in the custody of the commissioner of corrections or under court
supervision;
new text end
new text begin
(3) the applicant was not convicted of a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (1), for crimes committed before August 1, 2025; or
new text end
new text begin
(4) the issues raised in the application are not relevant to the relief available under this
section or have previously been decided by the court of appeals or the supreme court in the
same case.
new text end
new text begin
(e) The court may also summarily deny an application if the applicant has filed a second
or successive preliminary application, any prior application was denied for a reason other
than that it did not contain the information required under subdivision 3, paragraph (a), and:
new text end
new text begin
(1) the reviewing judge previously determined that there was a reasonable probability
that the applicant was entitled to relief, but a court determined that the petitioner did not
qualify for relief under subdivision 6;
new text end
new text begin
(2) a previous application was submitted by an attorney representing the applicant; or
new text end
new text begin
(3) the reviewing judge previously determined that there was not a reasonable probability
that the applicant is entitled to relief, the second or successive preliminary application does
not contain any additional information described in subdivision 3, paragraph (b), and the
second or successive preliminary application was submitted by someone other than an
attorney representing the applicant.
new text end
new text begin
(f) If the reviewing judge determines that there is a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In
the event the applicant is without counsel, the reviewing judge shall send notice to the state
public defender and shall advise the applicant of the referral.
new text end
new text begin
(g) If the reviewing judge determines that there is not a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any. The notice must contain a brief statement explaining the reasons the
reviewing judge concluded that there is not a reasonable probability that the applicant is
entitled to relief.
new text end
new text begin Subd. 5. new text end
new text begin Petition for relief; hearing. new text end
new text begin
(a) Unless extended for good cause, within 60
days of filing of the notice sent pursuant to subdivision 4, paragraph (f), the individual
seeking relief shall file and serve a petition to vacate the conviction. The petition must be
filed in the district court of the judicial district in the county where the conviction took place
and must contain the information identified in subdivision 3, paragraph (a), and a statement
of why the petitioner is entitled to relief. The petition may contain any other relevant
information, including police reports, trial transcripts, and plea transcripts involving the
petitioner or any other person investigated for, charged with, or convicted of a crime arising
out of the same set of circumstances for which the petitioner was convicted. The filing of
the petition and any document subsequent thereto and all proceedings thereon shall be
without costs or any fees charged to the petitioner.
new text end
new text begin
(b) Upon filing of the petition, the prosecutor shall make a good faith and reasonable
effort to notify any person determined to be a victim of the underlying offense that a petition
has been filed.
new text end
new text begin
(c) A county attorney representing the prosecutorial office shall respond to the petition
by answer or motion within 45 days after the filing of the petition pursuant to paragraph (a)
unless extended for good cause. The response shall be filed with the court administrator of
the district court and served on the petitioner if unrepresented or on the petitioner's attorney.
The response may serve notice of the intent to support the petition or include a statement
explaining why the petitioner is not entitled to relief along with any supporting documents.
The filing of the response and any document subsequent thereto and all proceedings thereon
shall be without costs or any fees charged to the county attorney.
new text end
new text begin
(d) The petitioner may file a reply to the response filed by the county attorney within
15 days after the response is filed, unless extended for good cause.
new text end
new text begin
(e) Within 30 days of the filing of the reply from the petitioner or, if no reply is filed,
within 30 days of the filing of the response from the county attorney, the court shall:
new text end
new text begin
(1) issue an order and schedule the matter for sentencing or resentencing pursuant to
subdivision 6 if the county attorney indicates an intent to support the petition;
new text end
new text begin
(2) issue an order denying the petition if additional information or submissions establish
that there is not a reasonable probability that the applicant is entitled to relief under this
section and include a memorandum identifying the additional information or submissions
and explaining the reasons why the court concluded that there is not a reasonable probability
that the applicant is entitled to relief; or
new text end
new text begin
(3) schedule the matter for a hearing and issue any appropriate order regarding submission
of evidence or identification of witnesses.
new text end
new text begin
(f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
section 590.04, except that the petitioner must be present at the hearing, unless excused
under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor
shall make a good faith and reasonable effort to notify any person determined to be a victim
of the hearing.
new text end
new text begin Subd. 6. new text end
new text begin Determination; order; resentencing. new text end
new text begin
(a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (1), is entitled to
relief if the petitioner shows by a preponderance of the evidence that the petitioner:
new text end
new text begin
(1) did not cause the death of a human being; and
new text end
new text begin
(2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with premeditation or the intent to cause the death of a human being.
new text end
new text begin
(b) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition. If the court determines that the petitioner is entitled to
relief, the court shall issue an order vacating the conviction for a violation of Minnesota
Statutes, section 609.185, paragraph (a), clause (1), and:
new text end
new text begin
(1) resentence the petitioner for a remaining offense for which the petitioner was
convicted; or
new text end
new text begin
(2) enter a conviction and impose a sentence for any lesser included offenses as described
in Minnesota Statutes, section 631.14.
new text end
new text begin
(c) If the court intends to enter a conviction and impose a sentence for a lesser included
offense, the court must hold a hearing to determine the appropriate offense.
new text end
new text begin
(d) If, pursuant to paragraph (b), the court either resentences a petitioner or imposes a
sentence, the court shall also resentence the petitioner for any other offense if the sentence
was announced by a district court of the same county, the sentence was either ordered to
be served consecutively to the vacated conviction or the criminal history calculation for
that sentence included the vacated sentence, and the changes made pursuant to paragraph
(b) would have resulted in a different criminal history score being used at the time of
sentencing.
new text end
new text begin
(e) The court shall state in writing or on the record the reasons for its decision on the
petition.
new text end
new text begin
(f) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
the court must hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
a good faith and reasonable effort to notify any person determined to be a victim of the
hearing and the right to submit or make a statement. A sentence imposed under this
subdivision shall not increase the petitioner's total period of confinement or, if the petitioner
was serving a stayed sentence, increase the period of supervision. The court may increase
the period of confinement for a sentence that was ordered to be served consecutively to the
vacated conviction based on a change in the appropriate criminal history score, provided
the court does not increase the petitioner's total period of confinement. A person resentenced
under this paragraph is entitled to credit for time served in connection with the vacated
offense.
new text end
new text begin
(g) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text end
new text begin
(h) If the court enters a conviction under this subdivision, the court shall ensure that the
date of the conviction being entered is the same as that of the original conviction.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025.
new text end
ARTICLE 5
PUBLIC SAFETY PROVISIONS
Section 1.
Minnesota Statutes 2024, section 13.03, subdivision 6, is amended to read:
Subd. 6.
Discoverability of not public data.
If a government entity opposes discovery
of government data or release of data pursuant to court order on the grounds that the data
are classified as not public, the party that seeks access to the data may bring before the
appropriate presiding judicial officer, arbitrator, or administrative law judge an action to
compel discovery or an action in the nature of an action to compel discovery.
The presiding officer shall first decide whether the data are discoverable or releasable
pursuant to the rules of evidence and of criminal, civil, or administrative procedure
appropriate to the action.
If the data are discoverable the presiding officer shall decide whether the benefit to the
party seeking access to the data outweighs any harm to the confidentiality interests of the
entity maintaining the data, or of any person who has provided the data or who is the subject
of the data, or to the privacy interest of an individual identified in the data. In making the
decision, the presiding officer shall consider whether notice to the subject of the data is
warranted and, if warranted, what type of notice must be given. The presiding officer may
fashion and issue any protective orders necessary to assure proper handling of the data by
the parties. If the data are a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child victim or alleged victim alleging,
explaining, denying, or describing an act of physical or sexual abuse, the presiding officer
shall consider the provisions of section 611A.90, subdivision 2, paragraph (b). If the data
are data subject to the protections under chapter 5B or section 13.045, the presiding officer
shall consider the provisions of section 5B.11.
Sec. 2.
Minnesota Statutes 2024, section 13.821, is amended to read:
13.821 deleted text begin VIDEOTAPESdeleted text end new text begin RECORDINGSnew text end OF CHILD ABUSE VICTIMS.
(a) Notwithstanding section 13.04, subdivision 3, an individual subject of data may not
obtain a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end in which a child victim or alleged victim is alleging,
explaining, denying, or describing an act of physical or sexual abuse without a court order
under section 13.03, subdivision 6, or 611A.90. The definitions of physical abuse and sexual
abuse in section 260E.03, apply to this section, except that abuse is not limited to acts by a
person responsible for the child's care or in a significant relationship with the child or
position of authority.
(b) This section does not limit other rights of access to data by an individual under section
13.04, subdivision 3, other than the right to obtain a copy of the deleted text begin videotapedeleted text end new text begin recordingnew text end , nor
prohibit rights of access pursuant to discovery in a court proceeding.
Sec. 3.
Minnesota Statutes 2024, section 144.296, is amended to read:
144.296 COPIES OF deleted text begin VIDEOTAPESdeleted text end new text begin RECORDINGSnew text end .
A provider may not release a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child victim or alleged
victim of physical or sexual abuse without a court order under section 13.03, subdivision
6, or as provided in section 611A.90. This section does not limit the right of a patient to
view new text begin or listen to new text end the deleted text begin videotapedeleted text end new text begin recordingnew text end .
Sec. 4.
Minnesota Statutes 2024, section 246B.04, subdivision 2, is amended to read:
Subd. 2.
Ban on obscene material or deleted text begin pornographic workdeleted text end new text begin child sexual abuse
materialnew text end .
The executive board shall prohibit persons civilly committed as sexual
psychopathic personalities or sexually dangerous persons under chapter 253D from having
or receiving material that is obscene as defined under section 617.241, subdivision 1, material
that depicts sexual conduct as defined under section 617.241, subdivision 1, or deleted text begin pornographic
workdeleted text end new text begin child sexual abuse materialnew text end as defined under section 617.246, subdivision 1, while
receiving services in any secure treatment facilities operated by the Minnesota Sex Offender
Program or any other facilities operated by the executive board.
Sec. 5.
Minnesota Statutes 2024, section 299A.477, subdivision 2, is amended to read:
Subd. 2.
Program established.
The commissioner of public safety shall award a grant
to the Minnesota Firefighter Initiative to administer a hometown heroes assistance program
for Minnesota firefighters. The Minnesota Firefighter Initiative shall use the grant funds:
(1) to establish and fund critical illness coverage that provides monetary support payments
to each firefighter who is diagnosed with a critical illness on or after August 1, 2021, and
who applies for the payment. Monetary support shall be provided according to the
requirements in subdivision 3;
(2) to develop a psychotherapy program customized to address emotional trauma
experienced by firefightersnew text begin , which includes providing peer-to-peer support,new text end and to offer all
firefighters in the state up to five psychotherapy sessions per year under the customized
program, provided by mental health professionals;
(3) to coordinate additional psychotherapy sessions to firefighters who need them;
(4) to develop, deleted text begin annuallydeleted text end update, and annually deleted text begin providedeleted text end new text begin make availablenew text end to all firefighters
in the state at least two hours of training on critical illnesses, such as cancer and heart disease,
and emotional trauma as causes of illness and death for firefighters; steps and best practices
for firefighters to limit the occupational risks of cancer, heart disease, and emotional trauma;
provide evidence-based suicide prevention strategies; and ways for firefighters to address
occupation-related emotional trauma and promote emotional wellness. The training shall
be presented by firefighters who attend an additional course to prepare them to serve as
trainers; and
(5) for administrative and overhead costs of the Minnesota Firefighter Initiative associated
with conducting the activities in clauses (1) to (4).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2024, section 299C.52, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
As used in sections 299C.52 to 299C.565, the following
terms have the meanings given them:
(a) "Child" means any person under the age of 18 years or any person certified or known
to be mentally incompetent.
(b) "DNA" means deoxyribonucleic acid from a human biological specimen.
(c) "Endangered" means that a law enforcement official has received sufficient evidence
that the missing person is at risk of physical injury or death. The following circumstances
indicate that a missing person is at risk of physical injury or death:
(1) the person is missing as a result of a confirmed abduction or under circumstances
that indicate that the person's disappearance was not voluntary;
(2) the person is missing under known dangerous circumstances;
(3) the person is missing more than 30 days;
(4) the person is under the age of 21 and at least one other factor in this paragraph is
applicable;
(5) there is evidence the person is in need of medical attention or prescription medication
such that it will have a serious adverse effect on the person's health if the person does not
receive the needed care or medication;
(6) the person does not have a pattern of running away or disappearing;
(7) the person is mentally impaired;
(8)new text begin the person has been diagnosed with dementia, a traumatic brain injury, Alzheimer's
disease, or other cognitive impairments;
new text end
new text begin
(9) the person has been diagnosed with autism;
new text end
new text begin (10)new text end there is evidence that the person may have been abducted by a noncustodial parent;
deleted text begin (9)deleted text end new text begin (11)new text end the person has been the subject of past threats or acts of violence;
deleted text begin (10)deleted text end new text begin (12)new text end there is evidence the person is lost in the wilderness, backcountry, or outdoors
where survival is precarious and immediate and effective investigation and search and rescue
efforts are critical; or
deleted text begin (11)deleted text end new text begin (13)new text end any other factor that the law enforcement agency deems to indicate that the
person may be at risk of physical injury or death, including a determination by another law
enforcement agency that the person is missing and endangered.
(d) "Missing" means the status of a person after a law enforcement agency that has
received a report of a missing person has conducted a preliminary investigation and
determined that the person cannot be located.
(e) "NCIC" means National Crime Information Center.
Sec. 7.
new text begin
[299C.77] FEDERAL BACKGROUND CHECKS BY POLITICAL
SUBDIVISIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
As used in this section, "applicant for licensure" means an
individual or if the applicant is a corporation, limited liability company, partnership, or
other legal entity, every officer, director, manager, and general partner of the entity, who
seeks a license issued by a county or city to operate a business:
new text end
new text begin
(1) that qualifies as an adult entertainment establishment under section 617.242,
subdivision 1; or
new text end
new text begin
(2) providing massage services.
new text end
new text begin Subd. 2. new text end
new text begin Background check authorized. new text end
new text begin
(a) A county or city may investigate the
criminal history background of any applicant for licensure.
new text end
new text begin
(b) The investigation conducted pursuant to paragraph (a) must consist of a criminal
history check of the state criminal records repository and a national criminal history check.
The county or city must accept the applicant's signed criminal history records check consent
form for the state and national criminal history check request, a full set of classifiable
fingerprints, and required fees. The county or city must submit the applicant's completed
criminal history records check consent form, full set of classifiable fingerprints, and required
fees to the Bureau of Criminal Apprehension. After receiving this information, the bureau
must conduct a Minnesota criminal history records check of the applicant. The bureau may
exchange an applicant's fingerprints with the Federal Bureau of Investigation to obtain the
applicant's national criminal history record information. The bureau must return the results
of the Minnesota and federal criminal history records checks to the county or city. Using
the criminal history data provided by the bureau, the county or city must determine whether
the applicant is disqualified from licensure. The applicant's failure to cooperate with the
county or city in conducting the records check is reasonable cause to deny an application.
new text end
Sec. 8.
Minnesota Statutes 2024, section 299F.47, subdivision 2, is amended to read:
Subd. 2.
Charter school inspections; fees.
The state fire marshal shall charge charter
schools deleted text begin $100deleted text end new text begin $0.014 per square footnew text end for each school building inspected. deleted text begin This ratedeleted text end new text begin These
ratesnew text end shall include two follow-up inspections or on-site consultations. If additional follow-up
inspections or consultations are needed, the state fire marshal shall charge deleted text begin $50deleted text end new text begin $0.005 per
square footnew text end for each additional follow-up inspection to each applicable building in which a
follow-up inspection is needed.
Sec. 9.
Minnesota Statutes 2024, section 609.527, subdivision 3, is amended to read:
Subd. 3.
Penalties.
A person who violates subdivision 2 may be sentenced as follows:
(1) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is $250 or less, the person may be sentenced as provided in
section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the total, combined loss to the direct
victim and any indirect victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3, clause (4);
(3) if the offense involves two or three direct victims or the total, combined loss to the
direct and indirect victims is more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause (3);
(4) if the offense involves more than three but not more than seven direct victims, or if
the total combined loss to the direct and indirect victims is more than $2,500, the person
may be sentenced as provided in section 609.52, subdivision 3, clause (2);
(5) if the offense involves eight or more direct victims, or if the total, combined loss to
the direct and indirect victims is more than $35,000, the person may be sentenced as provided
in section 609.52, subdivision 3, clause (1); and
(6) if the offense is related to possession or distribution of deleted text begin pornographic workdeleted text end new text begin child
sexual abuse materialnew text end in violation of section 617.246 or 617.247, the person may be sentenced
as provided in section 609.52, subdivision 3, clause (1).
Sec. 10.
Minnesota Statutes 2024, section 611A.90, is amended to read:
611A.90 RELEASE OF deleted text begin VIDEOTAPESdeleted text end new text begin RECORDINGSnew text end OF CHILD ABUSE
VICTIMS.
Subdivision 1.
Definition.
For purposes of this section, "physical abuse" and "sexual
abuse" have the meanings given in section 260E.03, except that abuse is not limited to acts
by a person responsible for the child's care or in a significant relationship with the child or
position of authority.
Subd. 2.
Court order required.
(a) A custodian of a deleted text begin videotapedeleted text end new text begin recordingnew text end of a child
victim or alleged victim alleging, explaining, denying, or describing an act of physical or
sexual abuse as part of an investigation or evaluation of the abuse may not release a copy
of the deleted text begin videotapedeleted text end new text begin recordingnew text end without a court order, notwithstanding that the subject has
consented to the release of the deleted text begin videotapedeleted text end new text begin recordingnew text end or that the release is authorized under
law.
(b) The court order may govern the purposes for which the deleted text begin videotapedeleted text end new text begin recordingnew text end may be
used, reproduction, release to other persons, retention and return of copies, and other
requirements reasonably necessary for protection of the privacy and best interests of the
child.
Subd. 3.
Petition.
An individual subject of data, as defined in section 13.02, or a patient,
as defined in sections 144.291 to 144.298, who is seeking a copy of a deleted text begin videotapedeleted text end new text begin recordingnew text end
governed by this section may petition the district court in the county where the alleged abuse
took place or where the custodian of the deleted text begin videotapedeleted text end new text begin recordingnew text end resides for an order releasing
a copy of the deleted text begin videotapedeleted text end new text begin recordingnew text end under subdivision 2. Nothing in this section establishes
a right to obtain access to a deleted text begin videotapedeleted text end new text begin recordingnew text end by any other person nor limits a right of a
person to obtain access if access is otherwise authorized by law or pursuant to discovery in
a court proceeding.
Sec. 11.
Minnesota Statutes 2024, section 617.246, is amended to read:
617.246 USE OF MINORS IN SEXUAL PERFORMANCE PROHIBITED.
Subdivision 1.
Definitions.
(a) For deleted text begin thedeleted text end purpose of this section, the terms defined in this
subdivision have the meanings given deleted text begin themdeleted text end .
(b) "Minor" means any person under the age of 18.
(c) "Promote" means to produce, direct, publish, manufacture, issue, or advertise.
(d) "Sexual performance" means any play, dance or other exhibition presented before
an audience or for purposes of visual or mechanical reproduction that uses a minor to depict
actual or simulated sexual conduct as defined by deleted text begin clausedeleted text end new text begin paragraphnew text end (e).
(e) "Sexual conduct" means any of the following:
(1) an act of sexual intercourse, normal or perverted, including genital-genital,
anal-genital, or oral-genital intercourse, whether between human beings or between a human
being and an animal;
(2) sadomasochistic abuse, meaning flagellation, torture, or similar demeaning acts
inflicted by or upon a person who is nude or clad in undergarments or in a revealing costume,
or the condition of being fettered, bound or otherwise physically restrained on the part of
one so clothed;
(3) masturbation;
(4) lewd exhibitions of the genitals; or
(5) physical contact with the clothed or unclothed pubic areas or buttocks of a human
male or female, or the breasts of the female, whether alone or between members of the same
or opposite sex or between humans and animals in an act of apparent sexual stimulation or
gratification.
(f) deleted text begin "Pornographic work"deleted text end new text begin "Child sexual abuse material"new text end means:
(1) an original or reproduction of a picture, film, photograph, negative, slide, videotape,
videodisc, or drawing of a sexual performance involving a minor; or
(2) any visual depiction, including any photograph, film, video, picture, drawing, negative,
slide, or computer-generated image or picture, whether made or produced by electronic,
mechanical, or other means that:
(i) uses a minor to depict actual or simulated sexual conduct;
(ii) has been created, adapted, or modified to appear that an identifiable minor is engaging
in sexual conduct; or
(iii) is advertised, promoted, presented, described, or distributed in such a manner that
conveys the impression that the material is or contains a visual depiction of a minor engaging
in sexual conduct.
For the purposes of this paragraph, an identifiable minor is a person who was a minor
at the time the depiction was created or altered, whose image is used to create the visual
depiction.
new text begin
(g) "Material" has the meaning given in section 617.241, subdivision 1, paragraph (e).
new text end
Subd. 2.
Use of minor.
(a) It is unlawful for a person to promote, employ, use or permit
a minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end if the
person knows or has reason to know that the conduct intended is a sexual performance or
deleted text begin a pornographic workdeleted text end new text begin child sexual abuse materialnew text end .
Any person who violates this paragraph is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 3.
Operation or ownership of business.
(a) A person who owns or operates a
business in which deleted text begin a pornographic workdeleted text end new text begin child sexual abuse materialnew text end , as defined in this section,
is disseminated to an adult or a minor or is reproduced, and who knows the content and
character of the deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end disseminated or reproduced,
is guilty of a felony and may be sentenced to imprisonment for not more than ten years, or
to payment of a fine of not more than $20,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 4.
Dissemination.
(a) A person who, knowing or with reason to know its content
and character, disseminates for profit to an adult or a minor deleted text begin a pornographic workdeleted text end new text begin child
sexual abuse materialnew text end , as defined in this section, is guilty of a felony and may be sentenced
to imprisonment for not more than ten years, or to payment of a fine of not more than
$20,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 5.
Consent; mistake.
Neither consent to sexual performance by a minor or the
minor's parent, guardian, or custodian nor mistake as to the minor's age is a defense to a
charge of violation of this section.
Subd. 6.
Affirmative defense.
It shall be an affirmative defense to a charge of violating
this section that the sexual performance or deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end
was produced using only persons who were 18 years or older.
Subd. 7.
Conditional release term.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for 15
years. The terms of conditional release are governed by section 609.3455, subdivision 8.
Sec. 12.
Minnesota Statutes 2024, section 617.247, is amended to read:
617.247 POSSESSION OF deleted text begin PORNOGRAPHIC WORK INVOLVING MINORSdeleted text end new text begin
CHILD SEXUAL ABUSE MATERIALnew text end .
Subdivision 1.
Policy; purpose.
It is the policy of the legislature in enacting this section
to protect minors from the physical and psychological damage caused by their being used
in deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct which involves
minors. It is therefore the intent of the legislature to penalize possession of deleted text begin pornographic
workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct which involve minors or appears
to involve minors in order to protect the identity of minors who are victimized by involvement
in the deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end , and to protect minors from future
involvement in deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end depicting sexual conduct.
Subd. 2.
Definitions.
For purposes of this section, the following terms have the meanings
given deleted text begin themdeleted text end :
(a) deleted text begin "Pornographic work"deleted text end new text begin "Child sexual abuse material"new text end has the meaning given deleted text begin to itdeleted text end in
section 617.246.
(b) "Sexual conduct" has the meaning given deleted text begin to itdeleted text end in section 617.246.
Subd. 3.
Dissemination prohibited.
(a) A person who disseminates deleted text begin pornographic workdeleted text end new text begin
child sexual abuse materialnew text end to an adult or a minor, knowing or with reason to know its
content and character, is guilty of a felony and may be sentenced to imprisonment for not
more than seven years or to payment of a fine of not more than $10,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 4.
Possession prohibited.
(a) A person who possesses deleted text begin a pornographic workdeleted text end new text begin child
sexual abuse materialnew text end or a computer disk or computer or other electronic, magnetic, or
optical storage system or a storage system of any other type, containing deleted text begin a pornographic
workdeleted text end new text begin child sexual abuse materialnew text end , knowing or with reason to know its content and character,
is guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $5,000, or both.
(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $10,000,
or both, if:
(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
(2) the violation occurs when the person is a registered predatory offender under section
243.166; or
(3) the violation involved a minor under the age of 14 years.
Subd. 5.
Exception.
This section does not apply to the performance of official duties
by peace officers, court personnel, or attorneys, nor to licensed physicians, psychologists,
or social workers or persons acting at the direction of a licensed physician, psychologist,
or social worker in the course of a bona fide treatment or professional education program.
Subd. 6.
Consent.
Consent to sexual performance by a minor or the minor's parent,
guardian, or custodian is not a defense to a charge of violation of this section.
Subd. 7.
Second offense.
If a person is convicted of a second or subsequent violation
of this section within 15 years of the prior conviction, the court shall order a mental
examination of the person. The examiner shall report to the court whether treatment of the
person is necessary.
Subd. 8.
Affirmative defense.
It shall be an affirmative defense to a charge of violating
this section that the deleted text begin pornographic workdeleted text end new text begin child sexual abuse materialnew text end was produced using
only persons who were 18 years or older.
Subd. 9.
Conditional release term.
Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for 15
years. The terms of conditional release are governed by section 609.3455, subdivision 8.
Sec. 13.
Minnesota Statutes 2024, section 624.712, subdivision 5, is amended to read:
Subd. 5.
Crime of violence.
"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding
attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);
609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic
assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery); 609.247 (carjacking); 609.25 (kidnapping); 609.255 (false imprisonment); 609.322
(solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in
the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.486 (commission of crime while wearing or possessing a
bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a
controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first
degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the
first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully
owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);
609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a
public transit vehicle or facility); deleted text begin and chapterdeleted text end new text begin chaptersnew text end 152 (drugs, controlled substances);
new text begin and 343 (prevention of cruelty to animals); new text end and an attempt to commit any of these offenses.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2024, section 624.714, subdivision 7a, is amended to read:
Subd. 7a.
Change of addressnew text begin or legal namenew text end ; loss or destruction of permit.
(a) Within
30 days after changing new text begin the permit holder's legal name or new text end permanent address, or within 30
days of having lost or destroyed the permit card, the permit holder must notify the issuing
sheriff of the change, loss, or destruction. Failure to provide notification as required by this
subdivision is a petty misdemeanor. The fine for a first offense must not exceed $25.
Notwithstanding section 609.531, a firearm carried in violation of this paragraph is not
subject to forfeiture.
(b) After notice is given under paragraph (a), a permit holder may obtain a replacement
permit card by paying $10 to the sheriff. The request for a replacement permit card must
be made on an official, standardized application adopted for this purpose under section
624.7151, and, except in the case of new text begin a legal name or new text end an address change, must include a
notarized statement that the permit card has been lost or destroyed.
Sec. 15.
Minnesota Statutes 2024, section 626.19, subdivision 3, is amended to read:
Subd. 3.
Authorized use.
A law enforcement agency may use a UAV:
(1) during or in the aftermath of an emergency situation that involves the risk of death
or bodily harm to a person;
new text begin
(2) to preserve or protect evidence from the imminent risk of destruction;
new text end
deleted text begin (2)deleted text end new text begin (3)new text end over a public event where there is a heightened risk to the safety of participants
or bystanders;
new text begin
(4) to assist in the lawful pursuit of a suspect who is fleeing law enforcement or who
the law enforcement agency reasonably believes might flee;
new text end
deleted text begin (3)deleted text end new text begin (5)new text end to counter the risk of a terrorist attack by a specific individual or organization if
the agency determines that credible intelligence indicates a risk;
deleted text begin (4)deleted text end new text begin (6)new text end to prevent the loss of life and property in natural or man-made disasters and to
facilitate operational planning, rescue, and recovery operations in the aftermath of these
disasters;
deleted text begin (5)deleted text end new text begin (7)new text end to conduct a threat assessment in anticipation of a specific event;
deleted text begin (6)deleted text end new text begin (8)new text end to collect information from a public area if there is reasonable suspicion of criminal
activity;
deleted text begin (7)deleted text end new text begin (9)new text end to collect information for crash reconstruction purposes after a serious or deadly
collision occurring on a public road;
deleted text begin (8)deleted text end new text begin (10)new text end over a new text begin private area with the written consent of the occupant or a new text end public areanew text begin ,new text end for
officer training or public relations purposes; deleted text begin and
deleted text end
deleted text begin (9)deleted text end new text begin (11)new text end for purposes unrelated to law enforcement at the request of a government entity
provided that the government entity makes the request in writing to the law enforcement
agency and specifies the reason for the request and proposed period of usenew text begin ; and
new text end
new text begin (12) to facilitate the search for a missing personnew text end .
Sec. 16.
Minnesota Statutes 2024, section 626A.35, is amended by adding a subdivision
to read:
new text begin Subd. 2c. new text end
new text begin Exception; fleeing motor vehicles. new text end
new text begin
The prohibition under subdivision 1 does
not apply to the use of a mobile tracking device on a fleeing motor vehicle. For purposes
of this subdivision, the term "flee" has the meaning given in section 609.487, subdivision
1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2024, section 634.35, is amended to read:
634.35 deleted text begin VIDEOTAPESdeleted text end new text begin RECORDINGSnew text end OF CHILD VICTIMS; CONDITIONS OF
DISCLOSURE.
(a) If a deleted text begin videotapeddeleted text end new text begin recordednew text end interview of a child victim of physical or sexual abuse is
disclosed by a prosecuting attorney to a defendant or the defendant's attorney, the following
applies:
(1) no more than two copies of the deleted text begin tapedeleted text end new text begin recordingnew text end or any portion of the deleted text begin tapedeleted text end new text begin recordingnew text end
may be made by the defendant or the defendant's attorney, investigator, expert, or any other
representative or agent of the defendant;
(2) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may not be used for any purpose other than to prepare for the
defense in the criminal action against the defendant;
(3) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may not be publicly exhibited, shown, displayed, used for
educational, research, or demonstrative purposes, or used in any other fashion, except in
judicial proceedings in the criminal action against the defendant;
(4) the deleted text begin tapesdeleted text end new text begin recordingsnew text end may be viewed only by the defendant, the defendant's attorney,
and the attorney's employees, investigators, and experts;
(5) no transcript of the deleted text begin tapesdeleted text end new text begin recordingsnew text end , nor the substance of any portion of the deleted text begin tapesdeleted text end new text begin
recordingsnew text end , may be divulged to any person not authorized to view new text begin or listen to new text end the deleted text begin tapesdeleted text end new text begin
recordingsnew text end ;
(6) no person may be granted access to the deleted text begin tapesdeleted text end new text begin recordingsnew text end , any transcription of the
deleted text begin tapesdeleted text end new text begin recordingsnew text end , or the substance of any portion of the deleted text begin tapesdeleted text end new text begin recordingsnew text end unless the person
has first signed a written agreement that the person is aware of this statute and acknowledges
that the person is subject to the court's contempt powers for any violation of it; and
(7) upon final disposition of the criminal case against the defendant, the deleted text begin tapesdeleted text end new text begin recordingsnew text end
and any transcripts of the deleted text begin tapesdeleted text end new text begin recordingsnew text end must be returned to the prosecuting attorney.
(b) The court may hold a person who violates this section in contempt.
Sec. 18. new text begin REVISOR INSTRUCTION.
new text end
new text begin
The revisor of statutes shall update headnote cross-references in Minnesota Statutes and
Minnesota Rules to reflect the changes made in this article.
new text end
Sec. 19. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, sections 325F.02; 325F.03; 325F.04; 325F.05; 325F.06; and
325F.07,
new text end
new text begin
are repealed.
new text end
ARTICLE 6
CRIMINAL JUSTICE-RELATED JUDICIAL PROVISIONS
Section 1.
Minnesota Statutes 2024, section 388.23, subdivision 1, is amended to read:
Subdivision 1.
Authority.
new text begin (a) new text end The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena and
require the production ofnew text begin :
new text end
new text begin (1)new text end any records ofnew text begin :
new text end
new text begin (i)new text end telephone companies, cellular phone companies, paging companies, new text begin and new text end subscribers
of private computer networks including Internet service providers or computer bulletin
board systemsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (ii)new text end electric companies, gas companies, new text begin and new text end water utilitiesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (iii)new text end chemical suppliersdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (iv)new text end hotels and motelsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (v)new text end pawn shopsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (vi)new text end airlines, buses, taxis, and other entities engaged in the business of transporting
peopledeleted text begin ,deleted text end new text begin ;new text end and
new text begin (vii)new text end freight companies, warehousing companies, self-service storage facilities, package
delivery companies, and other entities engaged in the businesses of transport, storage, or
deliverydeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (2)new text end records of the existence of safe deposit box account numbers and customer savings
and checking account numbers maintained by financial institutions and safe deposit
companiesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end insurance records relating to the monetary payment or settlement of claimsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end the banking, credit card, and financial records of a subject of an identity theft
investigation or a vulnerable adult, whether held in the name of the vulnerable adult or a
third party, including but not limited to safe deposit, loan and account applications and
agreements, signature cards, statements, checks, transfers, account authorizations, safe
deposit access records and documentation of frauddeleted text begin , anddeleted text end new text begin ;
new text end
new text begin (5)new text end wage and employment records of an applicant or recipient of public assistance who
is the subject of a welfare fraud investigation relating to eligibility information for public
assistance programsdeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(6) any of the following records of an employer or other person or business entity who
is the subject of a wage theft investigation:
new text end
new text begin
(i) accounting and financial records such as books, registers, payrolls, banking records,
credit card records, securities records, and records of money transfers;
new text end
new text begin
(ii) records required to be kept pursuant to section 177.30, paragraph (a); and
new text end
new text begin
(iii) other records that in any way relate to wages or other income paid, hours worked,
and other conditions of employment of any employee or of work performed by persons
identified as independent contractors, and records of any payments to contractors, and
records of workers' compensation insurance.
new text end
new text begin (b)new text end Subpoenas may only be issued for records that are relevant to an ongoing legitimate
law enforcement investigation. Administrative subpoenas may only be issued in welfare
fraud and identity theft cases if there is probable cause to believe a crime has been committed.
new text begin (c) new text end This deleted text begin provisiondeleted text end new text begin subdivisionnew text end applies only to the records of business entities and does
not extend to private individuals or their dwellings.
new text begin
(d) As used in this subdivision, "business entity" has the meaning given in section
308B.005.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2024, section 590.01, is amended to read:
590.01 AVAILABILITY, CONDITIONS.
Subdivision 1.
Petition.
Except at a time when direct appellate relief is available, a
person convicted of a crimedeleted text begin ,deleted text end new text begin or who received a stay of adjudication new text end who claims that:
(1) the conviction new text begin or stay of adjudication new text end obtainednew text begin ,new text end or the sentence or other disposition
madenew text begin ,new text end violated the person's rights under the Constitution or laws of the United States or of
the state; or
(2) scientific evidence not available at trial, obtained pursuant to a motion granted under
subdivision 1a, establishes the petitioner's actual innocence;
may commence a proceeding to secure relief by filing a petition in the district court in the
county in which the conviction new text begin or stay of adjudication new text end was had to vacate and set aside the
judgment and to discharge the petitioner or to resentence the petitioner or grant a new trial
or correct the sentence or make other disposition as may be appropriate. A petition for
postconviction relief after a direct appeal has been completed may not be based on grounds
that could have been raised on direct appeal of the convictionnew text begin , stay of adjudication,new text end or
sentence. Nothing contained herein shall prevent the supreme court or the court of appeals,
upon application by a party, from granting a stay of a case on appeal for the purpose of
allowing an appellant to apply to the district court for an evidentiary hearing under the
provisions of this chapter. The proceeding shall conform with sections 590.01 to 590.06.
Subd. 1a.
Motion for fingerprint or forensic testing not available at trial.
(a) A person
convicted of a crimenew text begin , or who received a stay of adjudication,new text end may make a motion for the
performance of fingerprint or forensic DNA testing to demonstrate the person's actual
innocence if:
(1) the testing is to be performed on evidence secured in relation to the trial which
resulted in the convictionnew text begin or pleanew text end ; and
(2) the evidence was not subject to the testing because either the technology for the
testing was not available at the time of the trial or the testing was not available as evidence
at the time of the trial.
The motion shall be filed before the district court that entered the judgment of convictionnew text begin
or stay of adjudicationnew text end . Reasonable notice of the motion shall be served on the prosecuting
attorney who represented the state at trial.
(b) A person who makes a motion under paragraph (a) must present a prima facie case
that:
(1) identity was an issue in the trial; and
(2) the evidence to be tested has been subject to a chain of custody sufficient to establish
that it has not been substituted, tampered with, replaced, or altered in any material aspect.
(c) The court shall order that the testing be performed if:
(1) a prima facie case has been established under paragraph (b);
(2) the testing has the scientific potential to produce new, noncumulative evidence
materially relevant to the defendant's assertion of actual innocence; and
(3) the testing requested employs a scientific method generally accepted within the
relevant scientific community. The court shall impose reasonable conditions on the testing
designed to protect the state's interests in the integrity of the evidence and the testing process.
Subd. 2.
Remedy.
This remedy takes the place of any other common law, statutory or
other remedies which may have been available for challenging the validity of a new text begin stay of
adjudication, new text end conviction, sentence, or other disposition and must be used exclusively in
place of them unless it is inadequate or ineffective to test the legality of the new text begin stay of
adjudication, new text end conviction, sentence or other disposition.
Subd. 3.
Application for relief.
A person who has been convicted new text begin or received a stay of
adjudication new text end and sentenced for a crime committed before May 1, 1980, may institute a
proceeding applying for relief under this chapter upon the ground that a significant change
in substantive or procedural law has occurred which, in the interest of justice, should be
applied retrospectively, including resentencing under subsequently enacted law.
No petition seeking resentencing shall be granted unless the court makes specific findings
of fact that release of the petitioner prior to the time the petitioner would be released under
the sentence currently being served does not present a danger to the public and is not
incompatible with the welfare of society.
Subd. 4.
Time limit.
(a) No petition for postconviction relief may be filed more than
two years after the later of:
(1) the entry of judgment of convictionnew text begin , stay of adjudication,new text end or sentence if no direct
appeal is filed; or
(2) an appellate court's disposition of petitioner's direct appeal.
(b) Notwithstanding paragraph (a), a court may hear a petition for postconviction relief
if:
(1) the petitioner establishes that a physical disability or mental disease precluded a
timely assertion of the claim;
(2) the petitioner alleges the existence of newly discovered evidence, including scientific
evidence, that provides facts necessary to sustain one or more legally cognizable claims for
postconviction relief, if such evidence could not have been ascertained by the exercise of
due diligence by the petitioner or petitioner's attorney within the two-year time period for
filing a postconviction petition, is not cumulative to evidence presented at trial, and is not
for impeachment purposes;
(3) the petitioner asserts a new interpretation of federal or state constitutional or statutory
law by either the United States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively applicable to the petitioner's
case;
(4) the petition is brought pursuant to subdivision 3; or
(5) the petitioner establishes to the satisfaction of the court that the petition is not frivolous
and is in the interests of justice.
(c) Any petition invoking an exception provided in paragraph (b) must be filed within
two years of the date the claim arises.
Sec. 3.
Minnesota Statutes 2024, section 595.02, subdivision 1, is amended to read:
Subdivision 1.
Competency of witnesses.
Every person of sufficient understanding,
including a party, may testify in any action or proceeding, civil or criminal, in court or
before any person who has authority to receive evidence, except as provided in this
subdivision:
(a) A husband cannot be examined for or against his wife without her consent, nor a
wife for or against her husband without his consent, nor can either, during the marriage or
afterwards, without the consent of the other, be examined as to any communication made
by one to the other during the marriage. This exception does not apply to a civil action or
proceeding by one against the other, nor to a criminal action or proceeding for a crime
committed by one against the other or against a child of either or against a child under the
care of either spouse, nor to a criminal action or proceeding in which one is charged with
homicide or an attempt to commit homicide and the date of the marriage of the defendant
is subsequent to the date of the offense, nor to an action or proceeding for nonsupport,
neglect, dependency, or termination of parental rights.
(b) An attorney cannot, without the consent of the attorney's client, be examined as to
any communication made by the client to the attorney or the attorney's advice given thereon
in the course of professional duty; nor can any employee of the attorney be examined as to
the communication or advice, without the client's consent.
(c) A member of the clergy or other minister of any religion shall not, without the consent
of the party making the confession, be allowed to disclose a confession made to the member
of the clergy or other minister in a professional character, in the course of discipline enjoined
by the rules or practice of the religious body to which the member of the clergy or other
minister belongs; nor shall a member of the clergy or other minister of any religion be
examined as to any communication made to the member of the clergy or other minister by
any person seeking religious or spiritual advice, aid, or comfort or advice given thereon in
the course of the member of the clergy's or other minister's professional character, without
the consent of the person.
(d) A licensed physician or surgeon, dentist, or chiropractor shall not, without the consent
of the patient, be allowed to disclose any information or any opinion based thereon which
the professional acquired in attending the patient in a professional capacity, and which was
necessary to enable the professional to act in that capacity; after the decease of the patient,
in an action to recover insurance benefits, where the insurance has been in existence two
years or more, the beneficiaries shall be deemed to be the personal representatives of the
deceased person for the purpose of waiving this privilege, and no oral or written waiver of
the privilege shall have any binding force or effect except when made upon the trial or
examination where the evidence is offered or received.
(e) A public officer shall not be allowed to disclose communications made to the officer
in official confidence when the public interest would suffer by the disclosure.
(f) Persons of unsound mind and persons intoxicated at the time of their production for
examination are not competent witnesses if they lack capacity to remember or to relate
truthfully facts respecting which they are examined.
(g) A registered nurse, psychologist, consulting psychologist, or licensed social worker
engaged in a psychological or social assessment or treatment of an individual at the
individual's request shall not, without the consent of the professional's client, be allowed to
disclose any information or opinion based thereon which the professional has acquired in
attending the client in a professional capacity, and which was necessary to enable the
professional to act in that capacity. Nothing in this clause exempts licensed social workers
from compliance with the provisions of section 626.557 and chapter 260E.
(h) An interpreter for a person disabled in communication shall not, without the consent
of the person, be allowed to disclose any communication if the communication would, if
the interpreter were not present, be privileged. For purposes of this section, a "person disabled
in communication" means a person who, because of a hearing, speech or other communication
disorder, or because of the inability to speak or comprehend the English language, is unable
to understand the proceedings in which the person is required to participate. The presence
of an interpreter as an aid to communication does not destroy an otherwise existing privilege.
(i) Licensed chemical dependency counselors shall not disclose information or an opinion
based on the information which they acquire from persons consulting them in their
professional capacities, and which was necessary to enable them to act in that capacity,
except that they may do so:
(1) when informed consent has been obtained in writing, except in those circumstances
in which not to do so would violate the law or would result in clear and imminent danger
to the client or others;
(2) when the communications reveal the contemplation or ongoing commission of a
crime; or
(3) when the consulting person waives the privilege by bringing suit or filing charges
against the licensed professional whom that person consulted.
(j) A parent or the parent's minor child may not be examined as to any communication
made in confidence by the minor to the minor's parent. A communication is confidential if
made out of the presence of persons not members of the child's immediate family living in
the same household. This exception may be waived by express consent to disclosure by a
parent entitled to claim the privilege or by the child who made the communication or by
failure of the child or parent to object when the contents of a communication are demanded.
This exception does not apply to a civil action or proceeding by one spouse against the other
or by a parent or child against the other, nor to a proceeding to commit either the child or
parent to whom the communication was made or to place the person or property or either
under the control of another because of an alleged mental or physical condition, nor to a
criminal action or proceeding in which the parent is charged with a crime committed against
the person or property of the communicating child, the parent's spouse, or a child of either
the parent or the parent's spouse, or in which a child is charged with a crime or act of
delinquency committed against the person or property of a parent or a child of a parent, nor
to an action or proceeding for termination of parental rights, nor any other action or
proceeding on a petition alleging child abuse, child neglect, abandonment or nonsupport
by a parent.
(k) Sexual assault counselors may not be allowed to disclose any opinion or information
received from or about the victim without the consent of the victim. However, a counselor
may be compelled to identify or disclose information in investigations or proceedings related
to neglect or termination of parental rights if the court determines good cause exists. In
determining whether to compel disclosure, the court shall weigh the public interest and need
for disclosure against the effect on the victim, the treatment relationship, and the treatment
services if disclosure occurs. Nothing in this clause exempts sexual assault counselors from
compliance with the provisions of section 626.557 and chapter 260E.
"Sexual assault counselor" for the purpose of this section means a person who has
undergone at least 40 hours of crisis counseling training and works under the direction of
a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or
assistance to victims of sexual assault.
(l) A domestic abuse advocate deleted text begin maydeleted text end new text begin shallnew text end notnew text begin , without the consent of the victim,new text end be
deleted text begin compelleddeleted text end new text begin allowednew text end to disclose any opinion or information received from or about the victim
deleted text begin without the consent of the victim unless ordered by the courtdeleted text end new text begin which the advocate acquired
in attending the victim in a professional capacitynew text end . deleted text begin In determining whether to compel
disclosure, the court shall weigh the public interest and need for disclosure against the effect
on the victim, the relationship between the victim and domestic abuse advocate, and the
services if disclosure occurs.deleted text end Nothing in this paragraph new text begin (1) new text end exempts domestic abuse advocates
from compliance with the provisions of section 626.557 and chapter 260Enew text begin , or (2) modifies
a prosecutor's obligation to disclose material and information to the defense when the
information is in the possession or control of members of the prosecution staff and of any
others who have participated in the investigation or evaluation of the case and who either
regularly report, or with reference to the particular case have reported, to the prosecutor's
officenew text end .
For the purposes of this section, "domestic abuse advocate" means an employee or
supervised volunteer from a community-based deleted text begin battered women's shelter anddeleted text end domestic abuse
program eligible to receive grants under section 611A.32; that provides information,
advocacy, crisis intervention, emergency shelter, or support to victims of domestic abuse
and who is not employed by or under the direct supervision of a law enforcement agency,
a prosecutor's office, or by a city, county, or state agency.
(m) A person cannot be examined as to any communication or document, including
work notes, made or used in the course of or because of mediation pursuant to an agreement
to mediate or a collaborative law process pursuant to an agreement to participate in
collaborative law. This does not apply to the parties in the dispute in an application to a
court by a party to have a mediated settlement agreement or a stipulated agreement resulting
from the collaborative law process set aside or reformed. A communication or document
otherwise not privileged does not become privileged because of this paragraph. This
paragraph is not intended to limit the privilege accorded to communication during mediation
or collaborative law by the common law.
(n) A child under ten years of age is a competent witness unless the court finds that the
child lacks the capacity to remember or to relate truthfully facts respecting which the child
is examined. A child describing any act or event may use language appropriate for a child
of that age.
(o) A communication assistant for a telecommunications relay system for persons who
have communication disabilities shall not, without the consent of the person making the
communication, be allowed to disclose communications made to the communication assistant
for the purpose of relaying.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025.
new text end
Sec. 4.
Minnesota Statutes 2024, section 609A.06, subdivision 3, is amended to read:
Subd. 3.
Eligibility; cannabis offense.
(a) A person is eligible for an expungement or
resentencing to a lesser offense if:
(1) the person was convicted of, or adjudication was stayed for, a violation of deleted text begin any of the
followingdeleted text end new text begin a first-, second-, third-, fourth-, or fifth-degree controlled substance crimenew text end involving
the sale or possession of marijuana or tetrahydrocannabinolsdeleted text begin :
deleted text end
deleted text begin
(i) section 152.021, subdivision 1, clause (6);
deleted text end
deleted text begin
(ii) section 152.021, subdivision 2, clause (6);
deleted text end
deleted text begin
(iii) section 152.022, subdivision 1, clause (5), or clause (7), item (iii);
deleted text end
deleted text begin
(iv) section 152.022, subdivision 2, clause (6);
deleted text end
deleted text begin
(v) section 152.023, subdivision 1, clause (5);
deleted text end
deleted text begin
(vi) section 152.023, subdivision 2, clause (5);
deleted text end
deleted text begin
(vii) section 152.024, subdivision (4); or
deleted text end
deleted text begin (viii) section 152.025, subdivision 2, clause (1)deleted text end new text begin under Minnesota Statutes 2023
Supplement, section 152.021, 152.022, 152.023, 152.024, or 152.025, or a previous version
of those or any other statutes criminalizing the possession, sale, transportation, or cultivation
of marijuana or tetrahydrocannabinolsnew text end ;
(2) the offense did not involve a dangerous weapon, the intentional infliction of bodily
harm on another, an attempt to inflict bodily harm on another, or an act committed with the
intent to cause fear in another of immediate bodily harm or death;
(3) the act on which the charge was based would either be a lesser offense or no longer
be a crime after August 1, 2023; and
(4) the person did not appeal the conviction, any appeal was denied, or the deadline to
file an appeal has expired.
(b) new text begin A person is eligible for an expungement for any other offense charged along with
the underlying crime described in paragraph (a) if the charge was either dismissed or eligible
for expungement under section 609A.055.
new text end
new text begin (c) new text end For purposes of this subdivision, a "lesser offense" means a nonfelony offense if the
person was charged with a felony.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2024, section 609A.06, subdivision 7, is amended to read:
Subd. 7.
Review and determination.
(a) The Cannabis Expungement Board shall review
all available records to determine whether the conviction or stay of adjudicationnew text begin or chargenew text end
is eligible for an expungement or resentencing to a lesser offense. An expungement under
this section is presumed to be in the public interest unless there is clear and convincing
evidence that an expungement or resentencing to a lesser offense would create a risk to
public safety.
(b) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether a person's conviction should be vacated and
charges should be dismissed.
(c) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether the limitations under section 609A.03, subdivision
5a, apply.
(d) If the Cannabis Expungement Board determines that an expungement is in the public
interest, the board shall determine whether the limitations under section 609A.03, subdivision
7a, paragraph (b), clause (5), apply.
(e) If the Cannabis Expungement Board determines that an expungement is not in the
public interest, the board shall determine whether the person is eligible for resentencing to
a lesser offense.
(f) In making a determination under this subdivision, the Cannabis Expungement Board
shall consider:
(1) the nature and severity of the underlying crime, including but not limited to the total
amount of marijuana or tetrahydrocannabinols possessed by the person and whether the
offense involved a dangerous weapon, the intentional infliction of bodily harm on another,
an attempt to inflict bodily harm on another, or an act committed with the intent to cause
fear in another of immediate bodily harm or death;
(2) whether an expungement or resentencing the person a lesser offense would increase
the risk, if any, the person poses to other individuals or society;
(3) if the person is under sentence, whether an expungement or resentencing to a lesser
offense would result in the release of the person and whether release earlier than the date
that the person would be released under the sentence currently being served would present
a danger to the public or would be compatible with the welfare of society;
(4) aggravating or mitigating factors relating to the underlying crime, including the
person's level of participation and the context and circumstances of the underlying crime;
(5) statements from victims and law enforcement, if any;
(6) if an expungement or resentencing the person to a lesser offense is considered,
whether there is good cause to restore the person's right to possess firearms and ammunition;
(7) if an expungement is considered, whether an expunged record of a conviction or stay
of adjudication may be opened for purposes of a background check required under section
122A.18, subdivision 8; and
(8) new text begin whether the person was also charged with other offenses in addition to the underlying
crime, the disposition of those other charges, and new text end other factors deemed relevant by the
Cannabis Expungement Board.
(g) In making a determination under this subdivision, the Cannabis Expungement Board
shall not consider the impact the expungement would have on the offender based on any
records held by the Department of Health; Department of Children, Youth, and Families;
or Department of Human Services.
(h) The affirmative vote of three members is required for action taken at any meeting.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 6.
Minnesota Statutes 2024, section 609A.06, subdivision 10, is amended to read:
Subd. 10.
Notice to judicial branch and offenders.
(a) The Cannabis Expungement
Board shall identify any conviction or stay of adjudicationnew text begin or chargenew text end that qualifies for an
order of expungement or resentencing to a lesser offense and notify the judicial branch of:
(1) the name and date of birth of a person whose conviction or stay of adjudication is
eligible for an order of expungement or resentencing to a lesser offense;
(2) the court file number of the eligible conviction or stay of adjudication;
(3) whether the person is eligible for an expungement;
(4) if the person is eligible for an expungement, whether the person's conviction should
be vacated and charges should be dismissed;
(5) if the person is eligible for an expungement, whether there is good cause to restore
the offender's right to possess firearms and ammunition;
(6) if the person is eligible for an expungement, whether the limitations under section
609A.03, subdivision 7a, paragraph (b), clause (5), apply; deleted text begin and
deleted text end
(7) new text begin if the person is eligible for an expungement, whether the expungement should also
apply to any other offenses charged in addition to the underlying crime; and
new text end
new text begin (8) new text end if the person is eligible for resentencing to a lesser offense, the lesser sentence to be
imposed.
(b) The Cannabis Expungement Board shall make a reasonable and good faith effort to
notify any person whose conviction or stay of adjudication qualifies for an order of
expungement that the offense qualifies and notice is being sent to the judicial branch. Notice
sent pursuant to this paragraph shall inform the person that, following the order of
expungement, any records of an arrest, conviction, or incarceration should not appear on
any background check or study.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 7.
Minnesota Statutes 2024, section 609A.06, subdivision 12, is amended to read:
Subd. 12.
Order of expungement.
(a) Upon receiving notice that an offense qualifies
for expungement, the court shall issue an order sealing all records relating to an arrest,
indictment or information, trial, verdict, or dismissal and discharge for an offense described
in subdivision 3new text begin , and any other offenses charged in addition to the underlying crime if
identified by the Cannabis Expungement Board as eligible for expungement. In addition,
the court shall order all records, including those pertaining to probation, incarceration, or
supervision, held by the Department of Corrections or local correctional officials sealednew text end .
The courts shall not order the Department of Health; the Department of Children, Youth,
and Families; or the Department of Human Services to seal records under this section. If
the Cannabis Expungement Board determined that the person's conviction should be vacated
and charges should be dismissed, the order shall vacate and dismiss the charges.
(b) If the Cannabis Expungement Board determined that there is good cause to restore
the person's right to possess firearms and ammunition, the court shall issue an order pursuant
to section 609.165, subdivision 1d.
(c) If the Cannabis Expungement Board determined that an expunged record of a
conviction or stay of adjudication may not be opened for purposes of a background check
required under section 122A.18, subdivision 8, the court shall direct the order specifically
to the Professional Educator Licensing and Standards Board.
(d) The court administrator shall send a copy of an expungement order issued under this
section to each agency and jurisdiction whose records are affected by the terms of the order
and send a letter to the last known address of the person whose offense has been expunged
identifying each agency to which the order was sent.
(e) In consultation with the commissioner of human services, the court shall establish a
schedule on which it shall provide the commissioner of human services a list identifying
the name and court file number or, if no court file number is available, the citation number
of each record for a person who received an expungement under this section.
(f) Data on the person whose offense has been expunged in a letter sent under this
subdivision are private data on individuals as defined in section 13.02, subdivision 12.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2024, section 611.24, subdivision 4, is amended to read:
Subd. 4.
Appeal by prosecuting attorney; attorney fees.
new text begin
(a) When a prosecuting
attorney appeals to the court of appeals, in any criminal case, from any pretrial order of the
district court, reasonable attorney fees and costs incurred shall be allowed to the defendant
on the appeal which shall be paid by the governmental unit responsible for the prosecution
involved in accordance with paragraph (b).
new text end
new text begin (b) new text end On or before January 15 of each year, the chief judge of the judicial district, after
consultation with city and county attorneys, the chief public defender, and members of the
private bar in the district, shall establish a reimbursement rate for attorney fees and costs
associated with representation of a defendant on appeal. The compensation to be paid to an
attorney for such service rendered to a defendant under this subdivision may not exceed
$10,000, exclusive of reimbursement for expenses reasonably incurred, unless payment in
excess of that limit is certified by the chief judge of the district as necessary to provide fair
compensation for services of an unusual character or duration.
ARTICLE 7
CRIME VICTIMS PROVISIONS
Section 1.
Minnesota Statutes 2024, section 609.101, subdivision 2, is amended to read:
Subd. 2.
Minimum fines.
Notwithstanding any other law, when a court sentences a
person convicted of violating section 609.221, 609.222, 609.223, 609.2231, 609.224,
609.2242, 609.267, 609.2671, 609.2672, 609.342, 609.343, 609.344, or 609.345, it must
impose a fine of not less than 30 percent of the maximum fine authorized by law nor more
than the maximum fine authorized by law.
The court shall collect the portion of the fine mandated by this subdivision and forward
70 percent of it to a local victim assistance program that provides services locally in the
county in which the crime was committed. The court shall forward the remaining 30 percent
to the commissioner of management and budget to be credited to the general fund. If more
than one victim assistance program serves the county in which the crime was committed,
the court may designate on a case-by-case basis which program will receive the fine proceeds,
giving consideration to the nature of the crime committed, the types of victims served by
the program, and the funding needs of the program. If no victim assistance program serves
that county, the court shall forward 100 percent of the fine proceeds to the commissioner
of management and budget to be credited to the general fund. Fine proceeds received by a
local victim assistance program must be used to provide direct services to crime victims.
The minimum fine required by this subdivision is in addition to the surcharge or
assessment required by section 357.021, subdivision 6, and is in addition to any sentence
of imprisonment or restitution imposed or ordered by the court.
As used in this subdivision, "victim assistance program" means victim witness programs
within county attorney offices or any of the following programs: crime victim crisis centers,
victim-witness programs, deleted text begin battered womendeleted text end new text begin domestic abuse victimnew text end shelters and nonshelter
programs, deleted text begin anddeleted text end sexual assault programsnew text begin , and children's advocacy centers as defined in section
260E.02, subdivision 5new text end .
Sec. 2.
Minnesota Statutes 2024, section 611A.02, is amended to read:
611A.02 NOTIFICATION OF VICTIM SERVICES AND VICTIMS' RIGHTS.
Subd. 2.
Victims' rights.
(a) The Office of Justice Programs in the Department of Public
Safety shall update the deleted text begin twodeleted text end model notices of the rights of crime victimsnew text begin required to be
distributed under this section and section 629.341new text end .
(b) The initial notice of the rights of crime victims must be distributed by a peace officer
to each victim, as defined in section 611A.01, at the time of initial contact with the victimnew text begin
at the scene or when the victim makes a reportnew text end . The noticenew text begin , which can be distributed as a
document or electronically,new text end must inform a victim of:
(1) the victim's right to apply deleted text begin for reparationsdeleted text end new text begin to the Minnesota Crime Victims
Reimbursement Programnew text end to cover losses, not including property losses, resulting from a
violent crime deleted text begin and the telephone number to call to request an applicationdeleted text end new text begin and information
on how to applynew text end ;
(2) the victim's right to request that the law enforcement agency withhold public access
to data revealing the victim's identity under section 13.82, subdivision 17, paragraph (d);
(3) the additional rights of domestic abuse victims as described in section 629.341;
(4) information on new text begin statewide crime victim help lines, the state address confidentiality
program, and new text end the nearest crime victim assistance program or resource;new text begin and
new text end
(5) the deleted text begin victim's rights, if an offender is charged, to be informed of and participate in the
prosecution process, including the right to request restitution; anddeleted text end new text begin right to be notified if an
offender is charged, to participate in the prosecution process, and to request restitution upon
conviction.
new text end
deleted text begin (6)deleted text end new text begin (c) A supplemental notice must be distributed by law enforcement agenciesnew text end in
homicide casesdeleted text begin ,deleted text end new text begin and must include resources and information specific to homicide victims
andnew text end information on rights and procedures available under sections 524.2-803, 524.3-614,
and 524.3-615.
deleted text begin (c)deleted text end new text begin (d)new text end A supplemental notice of the rights of crime victims must be distributed by the
city or county attorney's office to each victimdeleted text begin ,deleted text end within a reasonable time after the offender
is charged or petitioned. This notice must inform a victim of all the rights of crime victims
under this chapter.
Subd. 3.
Notice of rights of victims in juvenile court.
deleted text begin (a) The Office of Justice Programs
in the Department of Public Safety shall update the notice of the rights of victims in juvenile
court that explainsdeleted text end new text begin A supplemental notice shall be distributed by the prosecutor's office to
each victim of an offense committed by a juvenile within a reasonable time after the petition
is filed. This notice must notify the victim ofnew text end :
(1) the rights of victims in the juvenile court;
(2) when a juvenile matter is public;
(3) the procedures to be followed in juvenile court proceedings; deleted text begin and
deleted text end
new text begin
(4) the right to attend certain juvenile court proceedings;
new text end
new text begin
(5) the information related to the juvenile case that is available to victims; and
new text end
deleted text begin (4)deleted text end new text begin (6)new text end other relevant matters.
deleted text begin
(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
crime who attends a juvenile court proceeding, along with a notice of services for victims
available in that judicial district.
deleted text end
Sec. 3.
Minnesota Statutes 2024, section 611A.0315, is amended to read:
611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT; CRIMINAL
SEXUAL CONDUCT; HARASSMENT; STALKING.
Subdivision 1.
Notice of decision not to prosecute.
(a) A prosecutor shall make every
reasonable effort to notify a victim of domestic assault, a criminal sexual conduct offense,
deleted text begin ordeleted text end harassment or stalkingnew text begin , or a violation of an order for protection; domestic abuse no contact
order; or harassment restraining ordernew text end that the prosecutor has decided to decline prosecution
of the case or to dismiss the criminal charges filed against the defendant. Efforts to notify
the victim should include, in order of priority: (1) contacting the victim or a person designated
by the victim by telephone; and (2) contacting the victim by new text begin email or new text end mail. If a suspect is
still in custody, deleted text begin thedeleted text end new text begin a telephone or emailnew text end notification attempt shall be made before the suspect
is released from custody.
(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assault, a criminal sexual conduct offense, deleted text begin ordeleted text end harassment or stalking, new text begin a violation
of an order for protection, or a violation of a harassment restraining order, new text end a record shall be
made of the specific reasons for the dismissal. If the dismissal is due to the unavailability
of the witness, the prosecutor shall indicate the specific reason that the witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct,
or harassment or stalking under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without paying
a fee.
Subd. 2.
Definitions.
For the purposes of this section, the following terms have the
meanings given them.
(a) "Assault" has the meaning given it in section 609.02, subdivision 10.
(b) "Domestic assault" means an assault committed by the actor against a family or
household member.
(c) "Family or household member" has the meaning given it in section 518B.01,
subdivision 2.
(d) "Harassment" or "stalking" means a violation of section 609.749.
(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to 609.3453.
new text begin
(f) "Violation of an order for protection" has the meaning given in section 518B.01,
subdivision 14.
new text end
new text begin
(g) "Violation of a harassment restraining order" has the meaning given in section
609.748, subdivision 6.
new text end
Sec. 4.
Minnesota Statutes 2024, section 611A.06, is amended by adding a subdivision to
read:
new text begin Subd. 3b. new text end
new text begin Notice of submission of apology letter. new text end
new text begin
(a) The commissioner of corrections
or other custodial authority shall make a good faith effort to notify the victim that the offender
has submitted a letter of apology. Notices shall only be provided to victims who have
submitted a written request for notification to the head of the county correctional facility
in which the offender is confined, or if committed to the Department of Corrections,
submitted a written request for the notice to the commissioner of corrections or an electronic
request through the Department of Corrections electronic victim notification system. The
good faith effort to notify the victim must occur within 90 days of the filing of the apology
letter.
new text end
new text begin
(b) Upon request, the commissioner of corrections or other custodial authority shall
notify the Board of Pardons, the Clemency Review Commission, or a court that the offender
submitted a letter of apology.
new text end
new text begin
(c) The content of a letter of apology submitted by an offender is private data on
individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in
section 13.02, subdivision 9, except that the letter may be provided to the intended recipient
upon request.
new text end
Sec. 5.
Minnesota Statutes 2024, section 629.341, subdivision 3, is amended to read:
Subd. 3.
Notice of rights.
The peace officer shall deleted text begin telldeleted text end new text begin orally notifynew text end the victim deleted text begin whether
adeleted text end new text begin aboutnew text end shelter or other services deleted text begin aredeleted text end available in the community and give the victim immediate
new text begin written new text end notice of the legal deleted text begin rights anddeleted text end remedies new text begin and resources new text end available. The new text begin written new text end notice
must include deleted text begin furnishing the victim a copy ofdeleted text end the following statement:
deleted text begin
"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:
deleted text end
deleted text begin
(1) an order restraining the abuser from further acts of abuse;
deleted text end
deleted text begin
(2) an order directing the abuser to leave your household;
deleted text end
deleted text begin
(3) an order preventing the abuser from entering your residence, school, business, or
place of employment;
deleted text end
deleted text begin
(4) an order awarding you or the other parent custody of or parenting time with your
minor child or children; or
deleted text end
deleted text begin
(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."
deleted text end
new text begin
"IF YOU ARE A VICTIM OF DOMESTIC VIOLENCE, you can file a petition with
the court for an order for protection and ask that the person responsible for the domestic
violence:
new text end
new text begin
(1) Be restrained from further acts of abuse;
new text end
new text begin
(2) Leave your household;
new text end
new text begin
(3) Stay away from your residence, school, business, or place of employment; and
new text end
new text begin
(4) Pay temporary support to you and for the minor child if the person is legally obligated
to do so.
new text end
new text begin
In your petition, you can request a custody and parenting time order for a child in common
with the person."
new text end
The notice must include the deleted text begin resource listing, including telephone number, for the area
program that providesdeleted text end new text begin statewide domestic abuse help line and contact information for area
organizations providingnew text end services to victims of domestic abuse as deleted text begin shelter,deleted text end designated by the
Office of Justice Programs in the Department of Public Safety.
Sec. 6. new text begin USE OF EXISTING SUPPLY.
new text end
new text begin
A law enforcement agency, city attorney's office, or county attorney's office may exhaust
existing notices before producing materials with the modifications required under Minnesota
Statutes, sections 611A.02, subdivision 2, and 629.341, subdivision 3.
new text end
ARTICLE 8
CORRECTIONAL PROVISIONS
Section 1.
Minnesota Statutes 2024, section 14.03, subdivision 3, is amended to read:
Subd. 3.
Rulemaking procedures.
(a) The definition of a rule in section 14.02,
subdivision 4, does not include:
(1) rules concerning only the internal management of the agency or other agencies that
do not directly affect the rights of or procedures available to the public;
(2) an application deadline on a form; and the remainder of a form and instructions for
use of the form to the extent that they do not impose substantive requirements other than
requirements contained in statute or rule;
(3) the curriculum adopted by an agency to implement a statute or rule permitting or
mandating minimum educational requirements for persons regulated by an agency, provided
the topic areas to be covered by the minimum educational requirements are specified in
statute or rule;
(4) procedures for sharing data among government agencies, provided these procedures
are consistent with chapter 13 and other law governing data practices.
(b) The definition of a rule in section 14.02, subdivision 4, does not include:
(1) rules of the commissioner of correctionsnew text begin :
new text end
new text begin (i)new text end relating to the release, placement, term,new text begin revocation,new text end and supervision of inmatesnew text begin on
work release, on parole, ornew text end serving a supervised release or conditional release termdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (ii) onnew text end the internal management of institutions under the commissioner's controldeleted text begin , and
rules adopteddeleted text end new text begin ; and
new text end
new text begin (iii)new text end under section 609.105 governing the inmates of deleted text begin thosedeleted text end institutionsnew text begin under the
commissioner's controlnew text end ;
(2) rules relating to weight limitations on the use of highways when the substance of the
rules is indicated to the public by means of signs;
(3) opinions of the attorney general;
(4) the data element dictionary and the annual data acquisition calendar of the Department
of Education to the extent provided by section 125B.07;
(5) the occupational safety and health standards provided in section 182.655;
(6) revenue notices and tax information bulletins of the commissioner of revenue;
(7) uniform conveyancing forms adopted by the commissioner of commerce under
section 507.09;
(8) standards adopted by the Electronic Real Estate Recording Commission established
under section 507.0945; or
(9) the interpretive guidelines developed by the commissioner of human services to the
extent provided in chapter 245A.
Sec. 2.
Minnesota Statutes 2024, section 201.014, subdivision 2a, is amended to read:
Subd. 2a.
Felony conviction; restoration of civil right to vote.
An individual who is
ineligible to vote because of a felony conviction has the civil right to vote restored during
any period when the individual is not incarcerated for the offense. If the individual is later
incarcerated for the offense, the individual's civil right to vote is lost only during that period
of incarceration. For purposes of this subdivision only, an individual on work release under
section 241.26 or deleted text begin 244.065 ordeleted text end an individual released under section 631.425 is not deemed
to be incarcerated.
Sec. 3.
Minnesota Statutes 2024, section 241.26, subdivision 1, is amended to read:
Subdivision 1.
deleted text begin Commissionerdeleted text end new text begin Granting work releasenew text end .
deleted text begin When consistent with the public
interest and the public safety,deleted text end new text begin (a)new text end The commissioner of corrections may conditionally release
an inmate deleted text begin who is eligible and being considered for release under section 243.05,deleted text end to work
at paid employment, seek employment, or participate in a vocational training or educational
programdeleted text begin .deleted text end new text begin :
new text end
new text begin
(1) when consistent with the public interest and the public safety; and
new text end
new text begin
(2) if the inmate has served at least one-half of the term of imprisonment.
new text end
new text begin (b)new text end Release under this subdivision is an extension of the limits of confinementnew text begin ,new text end and each
inmate deleted text begin sodeleted text end released deleted text begin shalldeleted text end new text begin mustnew text end be confined in the correctional facility from which released
or in some other suitable place of confinement designated by the commissioner of corrections
during the hours the inmate is not employed, seeking employment, or engaged in a vocational
training or educational program, or, if employed, seeking employment, or engaged in a
vocational training or educational program, between the hours of such activity.
new text begin (c)new text end A reasonable allowance for travel time and meals shall be permitted.
Sec. 4.
Minnesota Statutes 2024, section 241.26, subdivision 3, is amended to read:
Subd. 3.
deleted text begin Rulesdeleted text end new text begin Policynew text end .
The commissioner of corrections deleted text begin shall establish rules for placement
and supervision of suchdeleted text end new text begin must adopt policy for placing and supervisingnew text end inmatesnew text begin under
subdivision 1new text end and for deleted text begin administration ofdeleted text end new text begin administratingnew text end programs authorized by this section.
When consistent with the public interestnew text begin ,new text end the commissioner may grant furloughs to deleted text begin thosedeleted text end
inmates participating in the programs authorized by this section who have spent at least 30
days in a residential work release center operated by or under the control of the commissioner
for a period deleted text begin of timedeleted text end not to exceed their supervised release date.
Sec. 5.
Minnesota Statutes 2024, section 241.26, subdivision 4, is amended to read:
Subd. 4.
deleted text begin Revocationdeleted text end new text begin Rescinding work releasenew text end .
The willful failure of an inmate to report
to or return from planned employment, seeking employment, educational or vocational
training, or furlough as provided in subdivision 3 deleted text begin shall bedeleted text end new text begin isnew text end considered an escape under
section 609.485. If an inmate violates any deleted text begin of thedeleted text end new text begin policynew text end rules deleted text begin provided for indeleted text end new text begin undernew text end
subdivision 3, the inmate's work placement, educational, or vocational training privileges
may be withdrawn by the commissioner.
Sec. 6.
Minnesota Statutes 2024, section 241.26, subdivision 5, is amended to read:
Subd. 5.
Earnings; work release account.
new text begin (a) new text end The net earnings of each inmate
participating in the work release program provided by this section may be collected by or
forwarded to the commissioner of corrections for deposit to the account of the inmate in
the work release account in the state treasury, or the inmate may be permitted to collect,
retain, and expend the net earnings from the inmate's employment deleted text begin under rules establisheddeleted text end new text begin
according to policy adoptednew text end by the commissioner of corrections. The money collected by
or forwarded to the commissioner deleted text begin under the rules shall remaindeleted text end new text begin remainsnew text end under the control
of the commissioner for the sole benefit of the inmate. After making deductions for the
payment of state and local taxes, if necessary, and for repayment of advances and gate
money as provided in section 243.24, wages under the control of the commissioner and
wages retained by the inmate may be disbursed by the commissioner or expended by the
inmate for the following purposes and in the following order:
(1) the cost of the inmate's keep as determined by subdivision 7, which money shall be
deposited in the general fund of the state treasury if the inmate is housed in a state
correctional facility, or shall be paid directly to the place of confinement as designated by
the commissioner pursuant to subdivision 1;
(2) necessary travel expense to and from work and other incidental expenses of the
inmate;
(3) support of inmate's dependents, if any;
(4) court-ordered restitution, if any;
(5) fines, surcharges, or other fees assessed or ordered by the court;
(6) contribution to any programs established by law to aid victims of crime, provided
that the contribution must not be more than 20 percent of the inmate's gross wages;
(7) restitution to the commissioner of corrections ordered by a prison disciplinary hearing
officer for damage to property caused by an inmate's conduct;
(8) restitution to staff ordered by a prison disciplinary hearing officer for damage to
property caused by an inmate's conduct;
(9) restitution to another inmate ordered by a prison disciplinary hearing officer for
personal injury to another caused by an inmate's conduct;
(10) after the above expenditures, the inmate shall have discretion to direct payment of
the balance, if any, upon proper proof of personal legal debts;new text begin and
new text end
(11) the balance, if any, shall be disbursed to the inmate as provided in section 243.24,
subdivision 1.
new text begin (b) new text end The commissioner may authorize the payment of court-ordered restitution from an
inmate's wages when the restitution was court ordered as a sanction for the conviction of
an offense which is not the offense of commitment, including offenses which occurred prior
to the offense for which the inmate was committed to the commissioner. All money in the
work release account are appropriated annually to the commissioner of corrections for the
purposes of the work release program.
Sec. 7.
Minnesota Statutes 2024, section 241.26, is amended by adding a subdivision to
read:
new text begin Subd. 8. new text end
new text begin Exempt from rulemaking. new text end
new text begin
A commissioner policy or policy rule under this
section is not a rule under chapter 14 and is exempt from the rulemaking provisions under
chapter 14, including section 14.386.
new text end
Sec. 8.
Minnesota Statutes 2024, section 241.80, is amended to read:
241.80 AMERICAN INDIAN CULTURAL PROGRAM.
Subdivision 1.
Authority.
The commissioner of corrections shall develop a policy to
provide the cultural programming services listed in subdivision 2 to American Indian deleted text begin inmatesdeleted text end new text begin
incarcerated individualsnew text end of all juvenile and adult state correctional facilities and
community-based correctional programs. The commissioner may, within the limits of
available money, contract with appropriate American Indian private, nonprofit organizations
to provide the cultural programming services.
Subd. 2.
Cultural programming services.
The policy shall include, but need not be
limited to, providing, within the limits of available money, spiritual and cultural programming
services having the following purposes:
(1) the deleted text begin teaching of good work habits and thedeleted text end development of deleted text begin motivation through workdeleted text end new text begin
education and training needed for postincarceration self-sufficiencynew text end ;
(2) the development of deleted text begin cultural pride to improvedeleted text end new text begin strengthenednew text end American Indian deleted text begin self-imagedeleted text end new text begin
identitynew text end ;
deleted text begin
(3) the development of an understanding of and an adjustment to the cultural differences
between American Indians and other ethnic groups;
deleted text end
new text begin
(3) improved understanding of American Indian culture, traditions, and spiritual practices
for Department of Corrections staff;
new text end
(4) the development of deleted text begin attitudes of mutual trust, respect, and understanding among
American Indian family membersdeleted text end new text begin partnerships with Tribal Nations to address the unique
needs of American Indian incarcerated individuals and promote approaches to rehabilitation
specific to this populationnew text end ;
(5) deleted text begin the fostering ofdeleted text end increased availability of deleted text begin medicine men anddeleted text end American Indian spiritual
leaders to teach American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end about American Indian
history, cultural deleted text begin sensitivity, and religiondeleted text end new text begin and spiritual practicesnew text end ;
(6) the involvement of American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end in those aspects
of the correctional system that will aid in their rehabilitation; and
(7) the provision of services to American Indian deleted text begin inmatesdeleted text end new text begin incarcerated individualsnew text end that
will facilitate their reentry into the community.
Sec. 9.
Minnesota Statutes 2024, section 242.10, is amended to read:
242.10 HEARING OFFICERS, POWERS; PROBATION, COMMITMENT,
PAROLE.
new text begin Subdivision 1. new text end
new text begin Designated hearing officers. new text end
The commissioner of corrections may
designate from among the members of the commissioner's staffdeleted text begin ,deleted text end one or more hearing officers
and delegate to them the authority to grant or revoke probation, commit to an institution,
grant or revoke parole, or issue final discharge to any person deleted text begin under the control of the
deleted text end deleted text begin commissioner pursuant to a commitmentdeleted text end new text begin committednew text end to the commissioner by a juvenile court
of this state.
new text begin Subd. 2. new text end
new text begin Appealing order of hearing officer. new text end
Any person aggrieved by an order issued
by a hearing officer may appeal to the commissioner or deleted text begin to a review panel established by
the commissionerdeleted text end new text begin a designeenew text end within the department deleted text begin pursuantdeleted text end new text begin accordingnew text end to deleted text begin rulesdeleted text end new text begin policynew text end issued
by the commissioner.
new text begin Subd. 3. new text end
new text begin Exempt from rulemaking. new text end
new text begin
A commissioner policy under this section is not a
rule under chapter 14 and is exempt from the rulemaking provisions under chapter 14,
including section 14.386.
new text end
Sec. 10.
Minnesota Statutes 2024, section 242.19, subdivision 3, is amended to read:
Subd. 3.
Retaking absconding and other person.
deleted text begin The written order of the commissioner
of corrections is authority to any peace officer or parole or probation officerdeleted text end new text begin Warrantsnew text end to
take and detain any child committed to the commissioner of corrections by a juvenile court
who absconds from field supervision or escapes from confinement, violates furlough
conditions, or is released from court while on institution statusnew text begin are governed according to
section 243.051new text end . deleted text begin Any person of the age of 18 years or older who is taken into custody under
the provisions of this subdivision may be detained as provided in section 260B.181,
subdivision 4.
deleted text end
Sec. 11.
Minnesota Statutes 2024, section 242.44, is amended to read:
242.44 deleted text begin PUPILSdeleted text end new text begin JUVENILESnew text end .
new text begin Subdivision 1. new text end
new text begin Receiving and housing juveniles. new text end
The commissioner of corrections, so
far as the accommodations of the correctional facilities and other means at the commissioner's
disposal will permit, may receive juvenile delinquents and juvenile offenders serving a
juvenile disposition under section 260B.130, subdivision 4. The commissioner's housing
of these individuals must be consistent with federal and state law, including established
admissions criteria for Minnesota Correctional Facility-Red Wing. The commissioner may
place these youths at employment, may provide education suitable to their years and capacity,
and may place them in suitable homes.
new text begin Subd. 2. new text end
new text begin Parole or discharge. new text end
new text begin (a) new text end Under deleted text begin rulesdeleted text end new text begin policynew text end prescribed by the commissioner,
when deemed best for these youths, persons committed to the commissioner's care and
custody by a juvenile court may be paroled or discharged from the facility by the
commissioner.
new text begin
(b) A commissioner policy under this subdivision is not a rule under chapter 14 and is
exempt from the rulemaking provisions under chapter 14, including section 14.386.
new text end
new text begin Subd. 3. new text end
new text begin Youth in facility. new text end
All deleted text begin pupilsdeleted text end new text begin youthnew text end in the facility deleted text begin shalldeleted text end new text begin mustnew text end be clothed,
instructed, and maintained by the commissioner of corrections.
Sec. 12.
Minnesota Statutes 2024, section 243.05, subdivision 1, is amended to read:
Subdivision 1.
Conditional release.
(a) The Supervised Release Board may parole any
person sentenced to confinement in any state correctional facility for adults under the control
of the commissioner of corrections, provided that:
(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
than murder committed in violation of clause (1) of section 609.185 who has not been
previously convicted of a felony shall be paroled without having served 20 years, less the
diminution that would have been allowed for good conduct had the sentence been for 20
years;
(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
has been previously convicted of a felony or though not previously convicted of a felony
is serving a life sentence for murder in the first degree committed in violation of clause (1)
of section 609.185 shall be paroled without having served 25 years, less the diminution
which would have been allowed for good conduct had the sentence been for 25 years;
(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
(4) any new rule or policy or change of rule or policy adopted by the commissioner of
corrections which has the effect of postponing eligibility for parole has prospective effect
only and applies only with respect to persons committing offenses after the effective date
of the new rule or policy or change.
(b) Upon being paroled and released, an inmate is and remains in the legal custody and
under the control of the commissioner, subject at any time to be returned to a facility of the
Department of Corrections established by law for the confinement or treatment of convicted
persons and the parole rescinded by the commissioner.
deleted text begin
(c) The written order of the commissioner of corrections, is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on parole or supervised release. In addition, when
it appears necessary in order to prevent escape or enforce discipline, any state parole and
probation agent or state correctional investigator may, without order of warrant, take and
detain a parolee or person on supervised release or work release and bring the person to the
commissioner for action.
deleted text end
deleted text begin
(d) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to retake
and place in actual custody any person on probation under the supervision of the
commissioner pursuant to section 609.135. Additionally, when it appears necessary in order
to prevent escape or enforce discipline, any state parole and probation agent or state
correctional investigator may, without an order, retake and detain a probationer and bring
the probationer before the court for further proceedings under section 609.14.
deleted text end
deleted text begin
(e) The written order of the commissioner of corrections is sufficient authority for any
peace officer, state correctional investigator, or state parole and probation agent to detain
any person on pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release.
deleted text end
deleted text begin (f)deleted text end new text begin (c)new text end Persons conditionally releaseddeleted text begin ,deleted text end and those on probation under the supervision of
the commissioner of corrections pursuant to section 609.135 may be placed within or outside
the boundaries of the state at the discretion of the commissioner of corrections or the court,
and the limits fixed for these persons may be enlarged or reduced according to their conduct.
deleted text begin (g)deleted text end new text begin (d)new text end Except as otherwise provided in subdivision 1b, in considering applications for
conditional release or discharge, the commissioner is not required to hear oral argument
from any attorney or other person not connected with an adult correctional facility of the
Department of Corrections in favor of or against the parole or release of any inmates. The
commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
as to the previous history, physical or mental condition, and character of the inmate and, to
that end, has the authority to require the attendance of the chief executive officer of any
state adult correctional facility and the production of the records of these facilities, and to
compel the attendance of witnesses. The commissioner is authorized to administer oaths to
witnesses for these purposes.
deleted text begin (h)deleted text end new text begin (e)new text end Before revoking a nonviolent controlled substance offender's parole or probation
based on a technical violation, when the offender does not present a risk to the public and
the offender is amenable to continued supervision in the community, a parole or probation
agent must identify community options to address and correct the violation including, but
not limited to, inpatient substance use disorder treatment. If a probation or parole agent
determines that community options are appropriate and available in the state, the agent must
seek to restructure the offender's terms of release to incorporate those options. If an offender
on probation stipulates in writing to restructure the terms of release, a probation agent must
forward a report to the district court containing:
(1) the specific nature of the technical violation of probation;
(2) the recommended restructure to the terms of probation; and
(3) a copy of the offender's signed stipulation indicating that the offender consents to
the restructuring of probation.
deleted text begin (i)deleted text end new text begin (f)new text end The recommended restructuring of probation becomes effective when confirmed
by a judge. The order of the court is proof of confirmation and amends the terms of the
sentence imposed by the court under section 609.135.
deleted text begin (j)deleted text end new text begin (g)new text end If a nonviolent controlled substance offender's parole or probation is revoked, the
offender's agent must first attempt to place the offender in a local jail.
deleted text begin (k)deleted text end new text begin (h)new text end For purposes of paragraphs deleted text begin (h)deleted text end new text begin (e)new text end to deleted text begin (k)deleted text end new text begin (g)new text end :
(1) "nonviolent controlled substance offender" means a person who meets the criteria
described under section 244.0513, subdivision 2, clauses (1), (2), and (5); and
(2) "technical violation" means any violation of a court order of probation or a condition
of parole, except an allegation of a subsequent criminal act that is alleged in a formal
complaint, citation, or petition.
Sec. 13.
Minnesota Statutes 2024, section 243.05, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Rulesdeleted text end new text begin Policy on conditional releasenew text end .
new text begin (a) new text end The commissioner of corrections deleted text begin maydeleted text end new text begin
mustnew text end adopt deleted text begin rules in accordance with chapter 14, the Administrative Procedure Act,deleted text end new text begin policynew text end
governing deleted text begin thedeleted text end procedures for granting deleted text begin ofdeleted text end conditional release and final discharge. The deleted text begin rulesdeleted text end new text begin
policynew text end may provide for the conduct and employment of persons conditionally releaseddeleted text begin ,deleted text end and
other matters necessary to implement the duties conferred by law upon the commissioner
with respect to conditional release and discharge of persons.
new text begin
(b) A commissioner policy under this subdivision is not a rule under chapter 14 and is
exempt from the rulemaking provisions under chapter 14, including section 14.386.
new text end
new text begin (c)new text end For purposes of this subdivision, "conditional release" means a person on parole,
work release, or supervised release.
Sec. 14.
Minnesota Statutes 2024, section 243.05, subdivision 4, is amended to read:
Subd. 4.
Hearing officers; powers; duties.
To carry out the powers and duties conferred
by this section, the commissioner of corrections may designate from among staff membersdeleted text begin ,deleted text end
one or more hearing officers and delegate to them any of the powers and duties conferred
by this section. deleted text begin In the exercise of their delegated powers and duties the hearing officers
shall be subject to the rules prescribed by the commissioner of corrections.
deleted text end
Sec. 15.
new text begin
[243.051] WARRANTS AND STOP ORDERS.
new text end
new text begin Subdivision 1. new text end
new text begin Warrants and stop orders; commissioner policy. new text end
new text begin
(a) For purposes of
this section, "commissioner" means the commissioner of corrections.
new text end
new text begin
(b) Consistent with this section, the commissioner must adopt policy governing warrants
and stop orders.
new text end
new text begin
(c) A commissioner policy under this section is not a rule under chapter 14 and is exempt
from the rulemaking provisions under chapter 14, including section 14.386.
new text end
new text begin Subd. 2. new text end
new text begin Warrants; generally. new text end
new text begin
(a) The commissioner may issue warrants, including
nationwide warrants, for apprehension and detention in any of the following circumstances:
new text end
new text begin
(1) when a person under the commissioner's supervision, including but not limited to a
person on parole, supervised release, conditional release, work release, or probation, absconds
from supervision or fails to abide by the conditions of their release;
new text end
new text begin
(2) when a person on pretrial release absconds from pretrial release or fails to abide by
the conditions of pretrial release;
new text end
new text begin
(3) when an inmate escapes from any state correctional facility under the commissioner's
control;
new text end
new text begin
(4) when a convicted defendant fails to report postsentencing to their county authority
or to a state correctional facility; or
new text end
new text begin
(5) when a child committed to the commissioner by a juvenile court absconds from field
supervision, escapes from confinement, violates furlough conditions, or is released from
court while on institution status.
new text end
new text begin
(b) For an inmate under paragraph (a), clause (3), the commissioner must use all proper
means to apprehend and return the inmate, which may include offering a reward of no more
than $100 to be paid from the state treasury, for information leading to the arrest and return
to custody of the inmate.
new text end
new text begin
(c) Any individual 18 years of age or older who is taken into custody under paragraph
(a), clause (5), may be detained according to section 260B.181, subdivision 4.
new text end
new text begin Subd. 3. new text end
new text begin Warrant authority. new text end
new text begin
A warrant issued by the commissioner is sufficient authority
for any peace officer, state correctional investigator, or state parole or probation agent to
retake and place in actual custody any person.
new text end
new text begin Subd. 4. new text end
new text begin Preventing escape or enforcing discipline. new text end
new text begin
When it appears necessary to
prevent escape or enforce discipline, any state parole and probation agent or state correctional
investigator may, without a warrant:
new text end
new text begin
(1) take and detain any person on probation, parole, supervised release, conditional
release, or work release; and
new text end
new text begin
(2) take one of the following actions:
new text end
new text begin
(i) for a person on probation, bring them before the court for further proceedings under
section 609.14; or
new text end
new text begin
(ii) for a person on parole, supervised release, conditional release, or work release, bring
them to the commissioner for action.
new text end
new text begin Subd. 5. new text end
new text begin Stop time. new text end
new text begin
The commissioner may stop the time from running on sentences of
persons until they are taken into custody in the following circumstances:
new text end
new text begin
(1) releasees who have absconded from supervision;
new text end
new text begin
(2) inmates who have escaped from a state correctional facility; or
new text end
new text begin
(3) convicted defendants who have failed to report postsentencing.
new text end
Sec. 16.
Minnesota Statutes 2024, section 243.88, subdivision 2, is amended to read:
Subd. 2.
Private industry employment.
new text begin (a) new text end Any corporation operating a factory or
other business or commercial enterprise under this section may employ selected inmates of
the correctional institution upon whose grounds it operates and persons conditionally released
subject to the provisions of section 241.26. Persons conditionally released as provided in
this subdivision deleted text begin shall be deemed to bedeleted text end new text begin arenew text end parolees within the purview of United States
Code, title 49, section 60.
new text begin (b) new text end Except as prohibited by applicable provisions of the United States Code, inmates of
state correctional institutions may be employed in the manufacture and processing of goods,
wares and merchandise for introduction into interstate commerce, provided that they are
paid no less than the prevailing minimum wages for work of a similar nature performed by
employees with similar skills in the locality in which the work is being performed.
deleted text begin Under rulesdeleted text end new text begin (c) Asnew text end prescribed by the commissioner of correctionsnew text begin ,new text end a portion of the wages
of each inmate employed as authorized by this subdivision, in an amount to be determined
by the commissioner, shall be set aside and kept deleted text begin by the chief executive officer of the facilitydeleted text end
in the public welfare fund of the state for the benefit of the inmate and for the purpose of
assisting the inmate when leaving the facility on conditional release or by final discharge.
Any portion remaining undisbursed at the time of the inmate's final discharge shall be given
to the inmate upon final discharge.
Sec. 17.
Minnesota Statutes 2024, section 243.88, subdivision 5, is amended to read:
Subd. 5.
Deductions.
Notwithstanding any other law to the contrary, any compensation
paid to inmates under this section is subject to section 243.23, subdivisions 2 and 3, and
deleted text begin rulesdeleted text end new text begin policynew text end of the commissioner of corrections.
Sec. 18.
Minnesota Statutes 2024, section 243.88, is amended by adding a subdivision to
read:
new text begin Subd. 6. new text end
new text begin Exempt from rulemaking. new text end
new text begin
A commissioner prescription or policy under this
section is not a rule under chapter 14 and is exempt from the rulemaking provisions under
chapter 14, including section 14.386.
new text end
Sec. 19.
Minnesota Statutes 2024, section 244.04, subdivision 1, is amended to read:
Subdivision 1.
Reduction of sentence; inmates sentenced for crimes committed
before 1993.
new text begin (a) new text end Notwithstanding the provisions of section 609.11, subdivision 6, and
Minnesota Statutes 2004, section 609.109, subdivision 1, the term of imprisonment of any
inmate sentenced to a presumptive fixed sentence after May 1, 1980, and whose crime was
committed before August 1, 1993, shall be reduced in duration by one day for each two
days during which the inmate violates none of the disciplinary offense rules deleted text begin promulgateddeleted text end new text begin
adoptednew text end by the commissioner. The reduction shall accrue to the period of supervised release
to be served by the inmate, except that the period of supervised release for a sex offender
conditionally released by the commissioner under section 609.3455 is governed by that
provision.
new text begin (b) new text end Except as otherwise provided in subdivision 2, if an inmate whose crime was
committed before August 1, 1993, violates a disciplinary offense rule deleted text begin promulgated by the
commissionerdeleted text end , good time earned prior to the violation may not be taken away, but the inmate
may be required to serve an appropriate portion of the term of imprisonment after the
violation without earning good time.
Sec. 20.
Minnesota Statutes 2024, section 244.04, subdivision 2, is amended to read:
Subd. 2.
Loss of good time.
deleted text begin By May 1, 1980,deleted text end The commissioner deleted text begin shall promulgate rulesdeleted text end new text begin
must adopt policynew text end specifying disciplinary offenses deleted text begin whichdeleted text end new text begin thatnew text end may result in the loss of good
time and the amount of good time deleted text begin whichdeleted text end new text begin thatnew text end may be lost as a result of each disciplinary
offense, including provision for restoration of good time. In no case shall an individual
disciplinary offense result in the loss of more than 90 days of good time; except that no
inmate confined in segregation for violation of a disciplinary rule shall be placed on
supervised release until discharged or released from punitive segregation confinement, nor
shall an inmate in segregation for violation of a disciplinary rule for which the inmate could
also be prosecuted under the criminal laws earn good time while in segregation. The loss
of good time shall be considered to be a disciplinary sanction imposed upon an inmate, and
the procedure for the loss of good time and the rights of the inmate in the procedure shall
be those in effect for the imposition of other disciplinary sanctions at each state correctional
institution.
Sec. 21.
Minnesota Statutes 2024, section 244.04, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Exempt from rulemaking. new text end
new text begin
A commissioner policy or disciplinary rule under
this section is not a rule under chapter 14 and is exempt from the rulemaking provisions
under chapter 14, including section 14.386.
new text end
Sec. 22.
Minnesota Statutes 2024, section 244.05, subdivision 1b, is amended to read:
Subd. 1b.
Supervised release; inmates who commit crimes on or after August 1,
1993.
(a) Except as provided in subdivisions 4, 4a, and 5, every inmate sentenced to prison
for a felony offense committed on or after August 1, 1993, shall serve a supervised release
term upon completion of the inmate's term of imprisonment and any disciplinary confinement
period imposed by the commissioner due to the inmate's violation of any disciplinary rule
adopted by the commissioner or refusal to participate in a rehabilitative program required
under section 244.03. The amount of time the inmate serves on supervised release is equal
to one-third of the inmate's fixed executed sentence, less any disciplinary confinement period
imposed by the commissioner and regardless of any earned incentive release credit applied
toward the individual's term of imprisonment under section 244.44.
(b) No inmate who violates a disciplinary rule or refuses to participate in a rehabilitative
program as required under section 244.03 shall be placed on supervised release until the
inmate has served the disciplinary confinement period for that disciplinary sanction or until
the inmate is discharged or released from punitive restrictive-housing confinement, whichever
is later. The imposition of a disciplinary confinement period shall be considered to be a
disciplinary sanction imposed upon an inmate, and the procedure for imposing the
disciplinary confinement period and the rights of the inmate in the procedure shall be those
in effect for the imposition of other disciplinary sanctions at each state correctional institution.
new text begin
(c) A disciplinary rule under this subdivision is not a rule under chapter 14 and is exempt
from the rulemaking provisions under chapter 14, including section 14.386.
new text end
deleted text begin (c)deleted text end new text begin (d)new text end For purposes of this subdivision, "earned incentive release credit" has the meaning
given in section 244.41, subdivision 7.
Sec. 23.
Minnesota Statutes 2024, section 244.05, subdivision 2, is amended to read:
Subd. 2.
deleted text begin Rulesdeleted text end new text begin Policynew text end .
(a) The commissioner of corrections deleted text begin shalldeleted text end new text begin mustnew text end adopt deleted text begin by rule
standards and proceduresdeleted text end new text begin policiesnew text end for deleted text begin the establishment ofdeleted text end new text begin :
new text end
new text begin (1) establishingnew text end conditions of release deleted text begin and the revocation ofdeleted text end new text begin ;
new text end
new text begin (2) revokingnew text end supervised or conditional release, deleted text begin and shall specify the period of revocation
for each violation of release. Procedures for the revocation of release shall provide due
process of law for the inmate.deleted text end new text begin including revocation procedures that must provide for due
process of law for the offender;
new text end
new text begin
(3) assigning terms of reimprisonment for release violations; and
new text end
new text begin
(4) extending terms of reimprisonment due to violations of disciplinary rules or other
factors specified in policy relating to community supervision or public safety.
new text end
new text begin
(b) In no case may a term of reimprisonment exceed 12 months unless:
new text end
new text begin
(1) the release violation involved a conviction for a felony offense;
new text end
new text begin
(2) the commissioner finds the releasee to be a risk to the public; or
new text end
new text begin
(3) the commissioner finds the releasee to be unamenable to supervision due to one or
more prior violations of the conditions of release.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end The commissioner may prohibit an inmate placed on parole, supervised release,
or conditional release from using adult-use cannabis flower as defined in section 342.01,
subdivision 3, or adult-use cannabis products as defined in section 342.01, subdivision 3,
hemp-derived consumer products as defined in section 342.01, subdivision 35, or
lower-potency hemp edibles as defined in section 342.01, subdivision 48, if the inmate
undergoes a chemical use assessment and abstinence is consistent with a recommended
level of care for the defendant in accordance with the criteria under section 254B.04,
subdivision 4.
deleted text begin (c)deleted text end new text begin (d)new text end The commissioner of corrections shall not prohibit an inmate placed on parole,
supervised release, or conditional release from participating in the registry program as
defined in section 342.01, subdivision 61, as a condition of release or revoke a patient's
parole, supervised release, or conditional release or otherwise sanction a patient on parole,
supervised release, or conditional release solely for participating in the registry program or
for a positive drug test for cannabis components or metabolites.
new text begin
(e) A commissioner policy or disciplinary rule under this subdivision is not a rule under
chapter 14 and is exempt from the rulemaking provisions under chapter 14, including section
14.386.
new text end
Sec. 24.
Minnesota Statutes 2024, section 244.0513, subdivision 1, is amended to read:
Subdivision 1.
Conditional release authority.
The commissioner of corrections has
the authority to release offenders committed to the commissioner's custody who meet the
requirements of this section and of any deleted text begin rulesdeleted text end new text begin policynew text end adopted by the commissioner.new text begin A
commissioner policy under this section is not a rule under chapter 14 and is exempt from
the rulemaking provisions under chapter 14, including section 14.386.
new text end
Sec. 25.
Minnesota Statutes 2024, section 244.0513, subdivision 7, is amended to read:
Subd. 7.
Release procedures.
The commissioner may deny conditional release to an
offender under this section if the commissioner determines that the offender's release may
reasonably pose a danger to the public or an individual. In making this determination, the
commissioner deleted text begin shalldeleted text end new text begin mustnew text end follow the procedures in section 244.05, subdivision 5, and deleted text begin the
rules adopted by the commissioner under that subdivisiondeleted text end new text begin policy thereundernew text end . The
commissioner shall consider whether the offender was involved in criminal gang activity
during the offender's prison term. The commissioner shall also consider the offender's
custody classification and level of risk of violence and the availability of appropriate
community supervision for the offender. Conditional release granted under this section
continues until the offender's sentence expires, unless release is rescinded under subdivision
8. The commissioner may not grant conditional release unless a release plan is in place for
the offender that addresses, at a minimum, plans for aftercare, community-based substance
use disorder treatment, gaining employment, and securing housing.
Sec. 26.
Minnesota Statutes 2024, section 244.0513, subdivision 8, is amended to read:
Subd. 8.
Conditional release.
The conditions of release granted under this section are
governed by the statutes and deleted text begin rulesdeleted text end new text begin policynew text end governing supervised release under this chapter,
except that release may be rescinded without hearing by the commissioner if the
commissioner determines that continuation of the conditional release poses a danger to the
public or to an individual. If the commissioner rescinds an offender's conditional release,
the offender shall be returned to prison and shall serve the remaining portion of the offender's
sentence.
Sec. 27.
Minnesota Statutes 2024, section 244.07, subdivision 1, is amended to read:
Subdivision 1.
Authority.
If consistent with the public interest, the commissioner maydeleted text begin ,
under rules prescribed by the commissioner,deleted text end furlough any inmate in custody to any point
within the state for up to five days. A furlough may be granted to assist the inmate with
family needs, personal health needs, or reintegration into society. No inmate may receive
more than three furloughs under this section within any 12-month period. deleted text begin The provisions
ofdeleted text end This section deleted text begin shall also applydeleted text end new text begin appliesnew text end to deleted text begin thosedeleted text end inmates convicted of offenses deleted text begin prior todeleted text end new text begin beforenew text end
May 1, 1980.
Sec. 28.
Minnesota Statutes 2024, section 244.07, is amended by adding a subdivision to
read:
new text begin Subd. 3. new text end
new text begin Exempt from rulemaking. new text end
new text begin
A commissioner determination under this section
is not a rule under chapter 14 and is exempt from the rulemaking provisions under chapter
14, including section 14.386.
new text end
Sec. 29.
Minnesota Statutes 2024, section 244.13, subdivision 1, is amended to read:
Subdivision 1.
Establishment.
The commissioner of corrections shall establish programs
for those designated by the commissioner to serve all or part of a sentence on intensive
community supervision or all or part of a supervised release or parole term on intensive
supervised release. The adoption and modification of policies and procedures to implement
sections 244.05, subdivision 6, deleted text begin anddeleted text end 244.12 deleted text begin to 244.15deleted text end new text begin , and 244.13new text end are not subject to the
rulemaking procedures of chapter 14 deleted text begin because these policies and procedures are excluded
from the definition of a rule under section 14.03, subdivision 3, paragraph (b), clause (1)deleted text end new text begin ,
including section 14.386new text end . The commissioner shall locate the programs so that at least one-half
of the money appropriated for the programs in each year is used for programs in Community
Corrections Act counties. In awarding contracts for intensive supervision programs in
Community Corrections Act counties, the commissioner shall give first priority to programs
that utilize county employees as intensive supervision agents and shall give second priority
to programs that utilize state employees as intensive supervision agents. The commissioner
may award contracts to other providers in Community Corrections Act counties only if
doing so will result in a significant cost savings or a significant increase in the quality of
services provided, and only after notifying the chairs of the committees in the senate and
house of representatives with jurisdiction over criminal justice policy.
Sec. 30.
Minnesota Statutes 2024, section 244.171, subdivision 4, is amended to read:
Subd. 4.
Sanctions.
(a) The commissioner shall impose severe and meaningful sanctions
for violating the conditions of the challenge incarceration program. The commissioner shall
remove an offender from the challenge incarceration program if the offender:
(1) commits a material violation of or repeatedly fails to follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony offense; or
(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse of
alcohol or controlled substances. The removal of an offender from the challenge incarceration
program is governed by the procedures in the commissioner's deleted text begin rules adopteddeleted text end new text begin policynew text end under
section 244.05, subdivision 2.
(b) An offender who is removed from the challenge incarceration program shall be
imprisoned for a time period equal to the offender's term of imprisonment, minus earned
good time if any, but in no case for longer than the time remaining in the offender's sentence.
"Term of imprisonment" means a time period equal to two-thirds of the sentence originally
executed by the sentencing court, minus jail credit, if any.
(c) Notwithstanding paragraph (b), an offender who has been removed from the challenge
incarceration program but who remains otherwise eligible for acceptance into the program
may be readmitted at the commissioner's discretion. An offender readmitted to the program
under this paragraph must participate from the beginning and complete all of the program's
phases.
Sec. 31.
Minnesota Statutes 2024, section 244.19, subdivision 1c, is amended to read:
Subd. 1c.
Community supervision funding; eligibility for funding formula.
(a) A
CPO jurisdiction:
(1) must collaborate with the commissioner to develop a comprehensive plan under
section 401.06; and
(2) is subject to all applicable eligibility provisions under chapter 401 necessary to
receive a subsidy under section 401.10.
(b) A non-CPO jurisdiction is eligible to receive a subsidy under section 401.10 but is
not a Community Corrections Act jurisdiction under chapter 401deleted text begin , anddeleted text end new text begin . Except as provided
under section 401.115,new text end the commissionerdeleted text begin :
deleted text end
deleted text begin (1)deleted text end is appropriated the jurisdiction's share of funding under section 401.10 for providing
probation servicesdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) may seek reimbursement from the jurisdiction according to subdivision 5a.
deleted text end
Sec. 32.
Minnesota Statutes 2024, section 244.19, subdivision 1d, is amended to read:
Subd. 1d.
Commissioner of corrections; reimbursing CPO deleted text begin and non-CPO jurisdictionsdeleted text end new text begin
jurisdictionnew text end .
As calculated by the community supervision formula under section 401.10,
the commissioner mustdeleted text begin :
deleted text end
deleted text begin (1)deleted text end reimburse a CPO jurisdiction for the cost that the jurisdiction assumes under this
section for providing probation services, including supervising juveniles committed to the
commissioner of correctionsdeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(2) reimburse a non-CPO jurisdiction for the commissioner's provision of probation
services to the jurisdiction under this section.
deleted text end
Sec. 33.
Minnesota Statutes 2024, section 244.19, subdivision 5, is amended to read:
Subd. 5.
Commissioner deleted text begin compensation todeleted text end new text begin duties fornew text end non-CPO jurisdiction.
new text begin (a) new text end For a
non-CPO jurisdiction, the commissioner mustdeleted text begin , out of appropriations provided under
subdivision 5a, paragraph (b),deleted text end pay probation officers the salary and all benefits fixed by the
state law or applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone services, and travel and
subsistence.
new text begin
(b) Except as provided under section 401.115, the commissioner must pay the items
under paragraph (a) using appropriations provided under section 401.10.
new text end
Sec. 34.
Minnesota Statutes 2024, section 244.19, subdivision 5a, is amended to read:
Subd. 5a.
Department of Corrections deleted text begin billing; CPO and non-CPO jurisdiction
reimbursementdeleted text end new text begin annual reportingnew text end .
(a) At least deleted text begin every six monthsdeleted text end new text begin annuallynew text end , the commissioner
must deleted text begin bill for the total cost and expenses incurred by the commissioner on behalf of each
non-CPO jurisdiction that has received probation services. The commissioner mustdeleted text end notify
each new text begin CPO and new text end non-CPO jurisdiction of the new text begin total new text end cost and expensesdeleted text begin , and the jurisdiction must
pay to the commissioner the amount due for reimbursementdeleted text end new text begin incurred by the commissioner
on behalf of each CPO and non-CPO jurisdiction that has received probation servicesnew text end .
deleted text begin
(b) Each CPO and non-CPO jurisdiction must reimburse the Department of Corrections
for the total cost and expenses of the probation services as incurred by the commissioner,
excluding the cost and expense of services provided under the state's obligation for adult
felony supervision in section 244.20. Money received under this paragraph from a non-CPO
jurisdiction must be annually appropriated to the commissioner for providing probation
services to the jurisdiction.
deleted text end
deleted text begin
(c) Objections by a non-CPO jurisdiction to all allocation of cost and expenses must be
presented to and determined by the commissioner.
deleted text end
deleted text begin (d) In addition to the billing and reimbursement requirements under this section,deleted text end new text begin (b)new text end
Invoicing and payments for probation services new text begin for a CPO jurisdiction new text end are as provided under
sections 401.14 and 401.15.
Sec. 35.
Minnesota Statutes 2024, section 244.20, is amended to read:
244.20 PROBATION; FELONY SUPERVISION.
new text begin (a) new text end Notwithstanding sections 244.19, subdivisions 1 to 1d, and 609.135, subdivision 1,
the Department of Corrections:
(1) has exclusive responsibility for providing probation services for adult felons in
counties and Tribal Nations that do not take part in the Community Corrections Act subsidy
program under chapter 401; and
(2) to provide felony supervision, retains the county's or Tribal Nation's funding allotted
under section 401.10 for providing felony probation services.
new text begin
(b) Paragraph (a), clause (2), does not apply to a Tribal Nation's subsidy under section
401.115.
new text end
Sec. 36.
Minnesota Statutes 2024, section 326.338, subdivision 4, is amended to read:
Subd. 4.
Protective agent.
A person who for a fee, reward, or other valuable consideration
undertakes any of the following acts is considered to be engaged in the business of protective
agent:
(1) providing guards, private patrol, or other security personnel to protect persons or
their property or to prevent the theft, unlawful taking of goods, merchandise, or money, or
to prevent the misappropriation or concealment of goods, merchandise, money, or other
valuable things, or to procure the return of those things;
(2) physically responding to any alarm signal device, burglar alarm, television camera,
still camera, or a mechanical or electronic device installed or used to prevent or detect
burglary, theft, shoplifting, pilferage, losses, or other security measures;
(3) providing armored car services for the protection of persons or property;
(4) controlling motor traffic on public streets, roads, and highways for the purpose of
escorting a funeral procession and oversized loads;
(5) providing management and control of crowds for the purpose of safety and protection;
or
(6) providing guards or other security personnel to transport prisoners or any other person
arrested on a warrant, except that this does not apply to the transport or escort of offenders
by staff of the Department of Corrections; the transport of a person by the sheriff of a county
to the appropriate adult or juvenile correctional facility as designated by the commissioner
of corrections or to and from court in connection with postconviction, habeas corpus, or
intrastate mandatory disposition of detainers proceedings; the transfer of a person by
emergency medical services personnel; or the transfer of a person by a peace officer as
defined in section 626.84, subdivision 1, paragraph (c)new text begin , or employed by a federal law
enforcement agencynew text end .
A person covered by this subdivision may perform the traffic-control duties in clause
(4) in place of a police officer when a special permit is required, provided that the protective
agent is first-aid qualified.
Sec. 37.
Minnesota Statutes 2024, section 401.01, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For purposes of this chapter, the terms defined in this subdivision
have the meanings given them.
(b) "CCA jurisdiction" means a county or Tribal Nation that participates in the
Community Corrections Act, the subsidy program under this chapter.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional release" means:
(1) parole, supervised release, or conditional release as authorized by section 609.3455,
subdivision 6, 7, or 8; Minnesota Statutes 2004, section 609.108, subdivision 6; or Minnesota
Statutes 2004, section 609.109, subdivision 7;
(2) work release as authorized by sections 241.26deleted text begin , 244.065,deleted text end and 631.425; and
(3) probation, furlough, and any other authorized temporary release from a correctional
facility.
(e) "Detain" means to take into actual custody, including custody within a local
correctional facility.
(f) "Joint board" means the board under section 471.59.
(g) "Local advisory board" means:
(1) for a CCA jurisdiction, a corrections advisory board as defined in section 401.08;
(2) for a non-CCA jurisdiction other than a Tribal Nation, a human services advisory
board as defined in section 402.02, or advisory committee or task force as defined in section
402.03; or
(3) for a Tribal Nation that is a non-CCA jurisdiction, a board with membership as
determined by the Tribal Nation.
(h) "Non-CCA jurisdiction" means a county or Tribal Nation that is not participating in
the Community Corrections Act subsidy program and provides or receives probation services
according to section 244.19.
(i) "Probation officer" means a county or Tribal probation officer under a CCA or
non-CCA jurisdiction appointed with the powers under section 244.19.
(j) "Release" means to release from actual custody.
(k) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries
of the state of Minnesota.
Sec. 38.
Minnesota Statutes 2024, section 401.03, is amended to read:
401.03 RULEMAKING AUTHORITY; TECHNICAL ASSISTANCE.
(a) The commissioner must, as provided in chapter 14, adopt rules to implement this
chapter and provide consultation and technical assistance to counties and Tribal Nations to
help them develop comprehensive plansnew text begin , including abbreviated plansnew text end .
(b) The time limit to adopt rules under section 14.125 does not apply.
Sec. 39.
Minnesota Statutes 2024, section 401.10, subdivision 1, is amended to read:
Subdivision 1.
Community supervision funding formula.
(a) Beginning July 1, 2023,
the community supervision subsidy paid to each county, the commissioner for supervision
of non-CCA jurisdictions served by the Department of Corrections, and each applicable
Tribal Nation deleted text begin under paragraph (e)deleted text end new text begin providing services as a CCA jurisdiction or CPO
jurisdiction as defined in section 244.19, subdivision 1a, paragraph (b),new text end equals the sum of:
(1) a base funding amount equal to $150,000; and
(2) a community supervision formula equal to the sum of:
deleted text begin
(i) for each individual with a felony sentence, a felony per diem rate of $5.62 multiplied
by the sum of the county's or Tribal Nation's adult felony population, adult supervised
release and parole populations, and juvenile supervised release and parole populations as
reported in the most recent probation survey published by the commissioner, multiplied by
365; and
deleted text end
deleted text begin
(ii) for each individual sentenced for a gross misdemeanor or misdemeanor or under
juvenile probation, the felony per diem rate of $5.62 multiplied by 0.5 and then multiplied
by the sum of the county's or Tribal Nation's gross misdemeanor, misdemeanor, and juvenile
populations as reported in the most recent probation survey published by the commissioner,
multiplied by 365.
deleted text end
new text begin
(i) for individuals with a felony sentence, the felony per diem rate of $5.62 shall be
multiplied by the average total population over the three most recent years, as reported in
the probation surveys published by the commissioner. This population includes the county
or Tribal Nation's adult felony population, adult supervised release population, adult parole
population, juvenile supervised release population, and juvenile parole populations. The
resulting amount shall then be multiplied by 365 to calculate the total annual allocation;
and
new text end
new text begin
(ii) for individuals sentenced for a gross misdemeanor or misdemeanor, or under juvenile
probation, the felony per diem rate of $5.62 shall be multiplied by 0.5, and then multiplied
by the average total population over the three most recent years, as reported in the probation
surveys published by the commissioner. This population includes the county or Tribal
Nation's gross misdemeanor population, misdemeanor population, and juvenile probation
population. The resulting amount shall then be multiplied by 365 to calculate the total annual
allocation.
new text end
(b) For a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or
(c), the base funding amount must be shared equally between the jurisdiction and the
commissioner for the provision of felony supervision under section 244.20.
(c) If in any year the total amount appropriated for the purpose of this section is more
than or less than the total of base funding plus community supervision formula funding for
all counties and applicable Tribal Nations, the sum of each county's and applicable Tribal
Nation's base funding plus community supervision formula funding is adjusted by the ratio
of amounts appropriated for this purpose divided by the total of base funding plus community
supervision formula funding for all counties and applicable Tribal Nations.
(d) If in any year the base funding plus the community supervision formula amount
based on what was appropriated in fiscal year 2024 is less than the funding paid to the
county in fiscal year 2023, the difference is added to the community supervision formula
amount for that county. A county is not eligible for additional funding under this paragraph
unless the base funding plus community supervision formula results in an increase in funding
for the county based on what was appropriated in the previous fiscal year. This paragraph
expires June 30, 2029.
deleted text begin
(e) For each Tribal Nation, a funding amount of $250,000 is allotted annually to purchase
probation services or probation-related services, including contracted services, but a Tribal
Nation that becomes a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under paragraphs (a) to
(c) and:
deleted text end
deleted text begin
(1) has the Tribal Nation's funding amount of $250,000 transferred to the total community
supervision subsidy amount appropriated for the purposes of this section; and
deleted text end
deleted text begin
(2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under paragraph (a), clause (2).
deleted text end
deleted text begin (f)deleted text end new text begin (e)new text end Minnesota Rehabilitation and Reinvestment Act savings under section 244.50,
subdivision 4, clause (2), are appropriated to each CCA jurisdiction and non-CCA jurisdiction
served by the Department of Corrections by dividing the three-year average of the number
of individuals on supervised release and intensive supervised release within the jurisdiction
by the three-year average of the total number of individuals under supervised release and
intensive supervised release statewide, using the numbers reported annually in the Probation
Survey report.
Sec. 40.
Minnesota Statutes 2024, section 401.10, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Prorating subsidy for Interstate Transfer Unit. new text end
new text begin
Before disbursing the
community supervision subsidy in subdivision 1, the commissioner must prorate the cost
of the Interstate Transfer Unit based upon the county's share of the average total probation
population over the three most recent years as reported in the probation survey published
by the commissioner and deduct that amount from the county's subsidy.
new text end
Sec. 41.
Minnesota Statutes 2024, section 401.10, subdivision 4, is amended to read:
Subd. 4.
Report.
deleted text begin (a)deleted text end By January 15, 2025, and every new text begin odd-numbered new text end year thereafter, the
commissioner must submit a report to the chairs and ranking minority members of the
legislative committees and divisions with jurisdiction over public safety finance and policy.
At a minimum, the report must summarize and contain the following data:
(1) the commissioner's new text begin most recent new text end workload study under section 401.17, subdivision
4;new text begin and
new text end
deleted text begin
(2) the commissioner's collected caseload data under section 244.21, subdivision 1; and
deleted text end
deleted text begin (3)deleted text end new text begin (2)new text end projected growth in the community supervision formula calculated by analyzing
deleted text begin caseloaddeleted text end new text begin supervision populationnew text end trends and data.
deleted text begin
(b) The report may be made in conjunction with reporting under section 244.21.
deleted text end
Sec. 42.
Minnesota Statutes 2024, section 401.11, subdivision 1, is amended to read:
Subdivision 1.
Policy items.
(a) new text begin Except for an abbreviated comprehensive plan submitted
under section 401.115, new text end a comprehensive plan submitted to the commissioner for approval
under section 401.06 must include items prescribed by commissioner policy and may include
the following:
(1) the manner in which presentence and postsentence investigations and reports for the
district courts and social history reports for the juvenile courts will be made;
(2) the manner in which conditional release services to the courts and persons under
jurisdiction of the commissioner will be provided;
(3) a program for detaining, supervising, and treating persons under pretrial detention
or under commitment;
(4) delivery of other correctional services;
(5) proposals for new programs, which proposals must demonstrate a need for the
program, and the program's purpose, objective, administrative structure, staffing pattern,
staff training, financing, evaluation process, degree of community involvement, client
participation, and duration;
(6) descriptions of programs that adhere to best practices for assessing risk and using
interventions that address an individual's needs while tailoring supervision and interventions
by using risk, need, and responsivity principles; and
(7) data on expenditures, costs, and programming results and outcomes for individuals
under community supervision.
(b) The commissioner must develop in policy budgetary requirements for comprehensive
plans to ensure the efficient and accountable expenditure of a county's or Tribal Nation's
subsidy for correctional services and programming to produce successful community
supervision outcomes.
Sec. 43.
new text begin
[401.115] NONPARTICIPATING TRIBAL NATIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Subsidy amount. new text end
new text begin
A Tribal Nation electing not to provide services as a
CCA jurisdiction or a CPO jurisdiction under section 244.19, subdivision 1a, paragraph (b),
is eligible for a subsidy of $250,000 annually to purchase or provide community supervision
services or reentry services, including contracted services.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility for subsidy. new text end
new text begin
(a) A Tribal Nation is eligible to receive funding under
subdivision 1 upon submission and approval by the commissioner of an abbreviated
comprehensive plan. Section 401.08 does not apply. The abbreviated plan must comply
with commissioner-developed standards and, at minimum:
new text end
new text begin
(1) describe the community supervision services or reentry services for which the funding
will be utilized;
new text end
new text begin
(2) identify a steering committee to oversee the use of funds; and
new text end
new text begin
(3) provide a budget for those services.
new text end
new text begin
(b) Once approved, the abbreviated comprehensive plan is valid for two years.
new text end
new text begin Subd. 3. new text end
new text begin Paying subsidy. new text end
new text begin
A Tribal Nation receiving the subsidy under subdivision 1
must be paid according to section 401.14.
new text end
new text begin Subd. 4. new text end
new text begin Eligibility for community supervision funding formula. new text end
new text begin
A Tribal Nation
electing to become a CCA jurisdiction or a non-CCA jurisdiction under section 244.19,
subdivision 1b, paragraph (b) or (c), is an applicable Tribal Nation under section 401.10,
subdivision 1, paragraphs (a) to (c), and:
new text end
new text begin
(1) has the Tribal Nation's funding amount under subdivision 1 transferred to the
community supervision formula amount appropriated for the purpose of section 401.10;
new text end
new text begin
(2) is allotted a base funding amount equal to $150,000 plus an amount as determined
according to the community supervision formula under section 401.10, subdivision 1,
paragraph (a), clause (2); and
new text end
new text begin
(3) is subject to all requirements relating to providing correctional services under section
244.19 and chapter 401.
new text end
Sec. 44.
Minnesota Statutes 2024, section 401.14, is amended to read:
401.14 PAYING SUBSIDYnew text begin TO CCA AND NON-CCA JURISDICTIONSnew text end .
Subdivision 1.
Payment.
new text begin
(a) This section does not apply to:
new text end
new text begin
(1) a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (d); and
new text end
new text begin
(2) a non-CCA jurisdiction under section 244.19, subdivision 1b, paragraph (b) or (c),
for the portion of the subsidy distributed for felony probation services.
new text end
new text begin (b) new text end After a county or Tribal Nation becomes compliant with the prerequisites for receiving
the subsidy and the commissioner approves thenew text begin applicablenew text end comprehensive plan, the
commissioner must determine whether funds exist to pay the subsidy and proceed to pay it
in accordance with applicable law.
Subd. 2.
Quarterly remittance.
Based on the approved comprehensive plan, the
commissioner may estimate the amount to be expended in furnishing the required correctional
services during each calendar quarter and cause the estimated amount to be remitted to the
counties and Tribal Nations entitled to the amount as provided under section 401.15,
subdivision 1.
Subd. 3.
Installment payments.
The commissioner must:
(1) make payments for correctional services to each county and Tribal Nation in 12
installments per year;
(2) ensure that the pertinent payment of the allotment for each month is made to each
county and Tribal Nation on the first working day after the end of each month of the calendar
year, except for the last month of the calendar year; and
(3) ensure that each county and Tribal Nation receives its monthly payment allotment
no later than the last working day of each month.
Sec. 45.
Minnesota Statutes 2024, section 401.15, subdivision 2, is amended to read:
Subd. 2.
Formula review.
The commissioner must deleted text begin annuallydeleted text end review the community
supervision formula under section 401.10 new text begin at the start of each biennium new text end and calculate and
prorate the subsidy accordingly.
Sec. 46.
Minnesota Statutes 2024, section 401.17, subdivision 1, is amended to read:
Subdivision 1.
Establishment; members.
(a) The commissioner must establish a
Community Supervision Advisory Committee to develop and make recommendations to
the commissioner on standards for probation, supervised release, and community supervision.
The committee consists of 19 members as follows:
(1) two directors appointed by the Minnesota Association of Community Corrections
Act Counties;
(2) two probation directors appointed by the Minnesota Association of County Probation
Officers;
(3) three county commissioner representatives appointed by the Association of Minnesota
Counties;
(4) two behavioral health, treatment, or programming providers who work directly with
individuals on correctional supervision, one appointed by the Department of Human Services
and one appointed by the Minnesota Association of County Social Service Administrators;
(5) two representatives appointed by the Minnesota Indian Affairs Council;
(6) two commissioner-appointed representatives from the Department of Corrections;
(7) the chair of the statewide Evidence-Based Practice Advisory Committee;
(8) three individuals deleted text begin who have been supervised, either individually or collectively, under
each of the state's three community supervision delivery systemsdeleted text end new text begin with varied experiences
in community supervision, reflecting the diversity of the state's supervision frameworks as
well as demographic and geographic diversity,new text end appointed by the commissioner in consultation
with the Minnesota Association of County Probation Officers and the Minnesota Association
of Community Corrections Act Counties;
(9) an advocate for victims of crime appointed by the commissioner; deleted text begin and
deleted text end
(10) a representative from a community-based research deleted text begin anddeleted text end new text begin ornew text end advocacy entity appointed
by the commissionerdeleted text begin .deleted text end new text begin ;
new text end
new text begin
(11) two judicial representatives, one from the seven-county metropolitan area and one
from greater Minnesota, appointed by the Minnesota Judicial Council;
new text end
new text begin
(12) one prosecutor appointed by the Minnesota County Attorneys Association; and
new text end
new text begin
(13) one defense attorney appointed by the Minnesota State Public Defender.
new text end
(b) When an appointing authority selects an individual for membership on the committee,
the authority must make reasonable efforts to reflect geographic diversity and to appoint
qualified members of protected groups, as defined under section 43A.02, subdivision 33.
(c) Chapter 15 applies to the extent consistent with this section.
(d) The commissioner must convene the first meeting of the committee on or before
October 1, 2023.
Sec. 47.
Minnesota Statutes 2024, section 401.17, subdivision 5, is amended to read:
Subd. 5.
Data collection; report.
(a) By June 1, 2024, the advisory committee, in
consultation with the Minnesota Counties Computer Cooperative, must create a method to
(1) standardize data classifications across the three community supervision systems, and
(2) collect data for the commissioner to publish in an annual report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety finance and policy.
(b) The advisory committee's method, at a minimum, must provide for collecting the
following data:
(1) the number of individuals sentenced to supervision each year;
(2) the offense levels, offense types, and assessed risk levels for which individuals are
sentenced to supervision;
(3) violation and revocation rates and the identified grounds for the violations and
revocations, including final disposition of the violation action such as execution of the
sentence, imposition of new conditions, or a custodial sanction;
(4) the number of individuals granted early discharge from probation;
(5) the number of individuals restructured on supervision, including imposition of new
conditions of release; and
(6) the number of individuals revoked from supervision and the identified grounds for
revocation.
(c) Beginning deleted text begin January 15deleted text end new text begin May 1new text end , 2025, as part of the report under section deleted text begin 241.21deleted text end new text begin 244.21new text end ,
subdivision 2, the commissioner must include data collected under the committee method
established under this subdivision. The commissioner must analyze the collected data by
race, gender, and county, including Tribal Nations.
(d) Nothing in this section overrides the commissioner's authority to require additional
data be provided under other law.
Sec. 48.
Minnesota Statutes 2024, section 609.105, subdivision 2, is amended to read:
Subd. 2.
Place of confinement.
new text begin (a) new text end The commissioner of corrections shall determine
the place of confinement in a prison, reformatory, or other facility of the Department of
Corrections established by law for the confinement of convicted persons and prescribe
reasonable conditions and rules for their employment, conduct, instruction, and discipline
within or without the facility. When the remaining term of imprisonment for a convicted
person upon commitment is 90 days or less, the commissioner of corrections may contract
with a county for placement of the person in a county jail or detention center for the
remainder of the person's term.
new text begin
(b) A commissioner's determination, prescription, or policy rule under this section is
not a rule under chapter 14 and is exempt from the rulemaking provisions under chapter
14, including section 14.386.
new text end
Sec. 49.
Minnesota Statutes 2024, section 609.495, subdivision 1, is amended to read:
Subdivision 1.
Definition of crime.
(a) Whoever harbors, conceals, aids, or assists by
word or acts another whom the actor knows or has reason to know has committed a crime
under the laws of this or another state or of the United States with intent that such offender
shall avoid or escape from arrest, trial, conviction, or punishment, may be sentenced to
imprisonment for not more than three years or to payment of a fine of not more than $5,000,
or both if the crime committed or attempted by the other person is a felony.
(b) Whoever knowingly harbors, conceals, or aids a person who is on probation, parole,
or supervised release because of a felony level conviction and for whom an arrest and
detention order has been issued, with intent that the person evade or escape being taken into
custody under the order, may be sentenced to imprisonment for not more than three years
or to payment of a fine of not more than $5,000, or both. As used in this paragraph, "arrest
and detention order" means a written order to take and detain a probationer, parolee, or
supervised releasee that is issued under section deleted text begin 243.05, subdivision 1; 244.195;deleted text end new text begin 243.051,
244.1951, new text end or 401.025.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to crimes
committed on or after that date.
new text end
Sec. 50.
Laws 2023, chapter 52, article 11, section 31, is amended to read:
Sec. 31. MENTAL HEALTH UNIT PILOT PROGRAM.
(a) The commissioner of corrections shall establish a pilot program with interested
counties to provide mental health care to individuals with serious and persistent mental
illness who are incarcerated in county jails. The pilot program must require the participating
counties to pay according to Minnesota Statutes, section 243.51, a per diem for
reimbursement of the Mental Health Unit at the Minnesota Correctional Facility - Oak Park
Heights, and other costs incurred by the Department of Corrections.
(b) The commissioner in consultation with the Minnesota Sheriffs' Association shall
develop program protocols, guidelines, and procedures and qualifications for participating
counties and incarcerated individuals to be treated in the Mental Health Unit. The program
is limited to a total of five incarcerated individuals from the participating counties at any
one time. Incarcerated individuals must deleted text begin volunteer to be treated in the unit anddeleted text end be able to
participate in programming with other incarcerated individuals.new text begin A licensed mental health
professional must evaluate the incarcerated individual and recommend the individual to
receive treatment in the unit.
new text end
(c) The Minnesota Correctional Facility - Oak Park Heights warden, director of
psychology, and associate director of behavioral health, or a designee of each, in consultation
with the Minnesota Sheriffs' Association, the Minnesota branch of the National Association
on Mental Illness, and the Department of Human Services, shall oversee the pilot program.
deleted text begin
(d) On November 15, 2024, the warden shall submit a report to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over
corrections describing the protocols, guidelines, and procedures for participation in the pilot
program by counties and incarcerated individuals, challenges with staffing, cost sharing
with counties, capacity of the program, services provided to the incarcerated individuals,
program outcomes, concerns regarding the program, and recommendations for the viability
of a long-term program.
deleted text end
deleted text begin (e)deleted text end new text begin (d)new text end The pilot program expires deleted text begin November 16, 2024deleted text end new text begin August 1, 2027new text end .
Sec. 51. new text begin REPEALER.
new text end
new text begin
(a)
new text end
new text begin
Minnesota Statutes 2024, sections 243.58; 244.065, subdivision 1; 253.21; and 253.23,
new text end
new text begin
are repealed.
new text end
new text begin
(b)
new text end
new text begin
Minnesota Rules, parts 2940.0100, subparts 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 12, 13, 14,
16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 31, 32, 33, and 34; 2940.0200;
2940.0300; 2940.0400; 2940.0500; 2940.0600; 2940.0700; 2940.0800; 2940.0900;
2940.1000; 2940.1100; 2940.1200; 2940.1300; 2940.1400; 2940.1500; 2940.1600;
2940.1700; 2940.1800; 2940.1900; 2940.2000; 2940.2100; 2940.2200; 2940.2300;
2940.2400; 2940.2500; 2940.2600; 2940.2700; 2940.2800; 2940.2900; 2940.3000;
2940.3100; 2940.3200; 2940.3300; 2940.3400; 2940.3500; 2940.3600; 2940.3700;
2940.3800; 2940.3900; 2940.4000; 2940.4100; 2940.4200; 2940.4300; 2940.4400;
2940.4500; and 2940.5700,
new text end
new text begin
are repealed.
new text end
ARTICLE 9
CIVIL COMMITMENT COORDINATING DIVISION
Section 1.
new text begin
[8.365] DEFINITIONS.
new text end
new text begin
(a) The definitions in section 253B.02 apply to sections 8.37 to 8.38.
new text end
new text begin
(b) For the purposes of sections 8.37 to 8.38, the following terms have the meanings
given:
new text end
new text begin
(1) "engagement services" means the services described under section 253B.041;
new text end
new text begin
(2) "outpatient civil commitment" means the option available to a committing court
under section 253B.09, subdivision 1, paragraph (c); and
new text end
new text begin
(3) "provisional discharge" means the option available to the head of a treatment facility
or community-based treatment program under section 253B.09, subdivision 1.
new text end
Sec. 2.
new text begin
[8.37] CIVIL COMMITMENT COORDINATING DIVISION.
new text end
new text begin Subdivision 1. new text end
new text begin Civil Commitment Coordinating Division established. new text end
new text begin
There shall be
in the Office of the Attorney General a Civil Commitment Coordinating Division. A civil
commitment coordinator shall be appointed by the attorney general. The civil commitment
coordinator shall perform duties that may lawfully be assigned to the coordinator by the
attorney general or by law.
new text end
new text begin Subd. 2. new text end
new text begin Duties of the civil commitment coordinator. new text end
new text begin
The civil commitment coordinator
must:
new text end
new text begin
(1) continuously maintain the Civil Commitment Advisory Committee;
new text end
new text begin
(2) in consultation with the Civil Commitment Advisory Committee, provide best
practices and guidance regarding engagement services, outpatient civil commitment, and
provisional discharge to committing courts, counties, designated agencies, treatment facilities,
and community-based treatment programs;
new text end
new text begin
(3) advocate for increased statewide capacity for engagement services, outpatient civil
commitment, and provisional discharge;
new text end
new text begin
(4) provide ongoing technical assistance to those at the local and regional level tasked
with monitoring participants civilly committed under chapter 253B;
new text end
new text begin
(5) provide guidance on data collection of outcomes related to engagement services,
outpatient civil commitment, and provisional discharge;
new text end
new text begin
(6) aggregate and analyze all data submitted by all jurisdictions by either contracting
with a third party to perform these tasks or entering into an interagency agreement with the
commissioner of management and budget to utilize the Results First Initiative to perform
these tasks;
new text end
new text begin
(7) ensure that any data submitted is treated in accordance with chapter 13; and
new text end
new text begin
(8) create a public awareness campaign designed to educate the public about the
availability and effectiveness of engagement services.
new text end
new text begin Subd. 3. new text end
new text begin Civil Commitment Advisory Committee. new text end
new text begin
(a) The attorney general shall
establish the Civil Commitment Advisory Committee. The Civil Commitment Advisory
Committee shall advise the civil commitment coordinator on: identification of best practices
regarding engagement services, outpatient civil commitment, and provisional discharge;
development of guidance for implementation of engagement services, outpatient civil
commitment, and provisional discharge; development of data reporting requirements and
standards; identification of outcomes to be measured through data analysis; and other topics
as determined by the coordinator.
new text end
new text begin
(b) The Civil Commitment Advisory Committee must consist of no fewer than 11
members and no more than 20 members. The membership of the committee must include:
new text end
new text begin
(1) the attorney general or a designee who is not the civil commitment coordinator;
new text end
new text begin
(2) the chief executive officer of Direct Care and Treatment or a designee;
new text end
new text begin
(3) the commissioner of public safety or a designee;
new text end
new text begin
(4) the commissioner of corrections or a designee;
new text end
new text begin
(5) the ombudsman for mental health and developmental disabilities or a designee;
new text end
new text begin
(6) a member representing district court judges, appointed by the chief justice of the
supreme court;
new text end
new text begin
(7) a member representing district court administrators, appointed by the chief justice
of the supreme court;
new text end
new text begin
(8) a member representing county administrators or county social services administrators,
appointed by the attorney general;
new text end
new text begin
(9) a member representing federally recognized Tribes in Minnesota and urban Indian
communities, appointed by the Indian Affairs Council;
new text end
new text begin
(10) a member who is a defense attorney and has represented a person referred for civil
commitment, appointed by the attorney general;
new text end
new text begin
(11) a member who was previously civilly committed, appointed by the attorney general;
new text end
new text begin
(12) a member who is a parent, sibling, or child of a person currently or previously
civilly committed, appointed by the attorney general;
new text end
new text begin
(13) a member who is a person for whom engagement services were successfully
provided, appointed by the attorney general;
new text end
new text begin
(14) a member who is a provider of engagement services, appointed by the attorney
general;
new text end
new text begin
(15) a member who represents a treatment facility or community-based treatment program
that accepts civilly committed participants, appointed by the attorney general;
new text end
new text begin
(16) up to four additional members appointed by the attorney general; and
new text end
new text begin
(17) the Minnesota Competency Attainment Board Program Administrator or designee.
new text end
new text begin
(c) The attorney general must consult with the chief executive officer of Direct Care
and Treatment before making appointments to the committee.
new text end
new text begin
(d) The members of the Civil Commitment Advisory Committee serve without
compensation.
new text end
Sec. 3.
new text begin
[8.38] DIVERSION STUDIES.
new text end
new text begin Subdivision 1. new text end
new text begin Diversion studies. new text end
new text begin
Each county must conduct diversion studies in
accordance with the requirements of this section. Diversion studies must examine each
county's local behavioral health system's capacity to divert people who have a mental illness,
developmental disability, or chemical use disorder away from the local justice system and
into treatment. The civil commitment coordinator must establish uniform study guidelines,
data requirements, including any qualitative data or narrative requirements, and data reporting
procedures for diversion studies. The coordinator must ensure that the study guidelines and
data requirements will allow the coordinator to determine how people with a mental illness,
people with a developmental disability, and people with a substance use disorder come into
contact with and move through the local criminal justice system and what resources are
available or needed to divert individuals away from the local justice system.
new text end
new text begin Subd. 2. new text end
new text begin Diversion study reporting requirements. new text end
new text begin
By October 1, 2027, and every two
years thereafter, each county must submit to the coordinator in the manner established under
subdivision 1 all required data and narratives related to its diversion study.
new text end
new text begin Subd. 3. new text end
new text begin Statewide diversion study report. new text end
new text begin
By April 1, 2028, and every two years
thereafter, the civil commitment coordinator must submit to the chairs and ranking minority
members of the legislative committees with jurisdiction over civil commitment, mental
health, or Direct Care and Treatment a report summarizing the county-level data submitted
under subdivision 2. The coordinator must include in the report county, regional, and
state-level needs assessments. The coordinator must include in subsequent reports
comparisons to the data submitted in prior reports and any statistically significant trends
the coordinator's analysis reveals.
new text end
Sec. 4. new text begin TRANSPORT HOLD WORK GROUP.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment and membership. new text end
new text begin
(a) The Transport Hold Work Group
is comprised of the following members:
new text end
new text begin
(1) the commissioner of human services or the commissioner's designee;
new text end
new text begin
(2) a representative of the Minnesota County Attorneys Association;
new text end
new text begin
(3) the state public defender or a designee;
new text end
new text begin
(4) a commitment defense attorney;
new text end
new text begin
(5) at least two mental health professionals with experience in crisis response, one of
whom must work primarily outside the seven-county metropolitan area, appointed by the
commissioner of human services;
new text end
new text begin
(6) at least two mental health professionals from underrepresented communities as
defined in Minnesota Statutes, section 148E.025, subdivision 20;
new text end
new text begin
(7) a representative of the Minnesota Sheriffs' Association;
new text end
new text begin
(8) a representative of the Minnesota Chiefs of Police Association;
new text end
new text begin
(9) a representative of the Association of Minnesota Counties;
new text end
new text begin
(10) a representative of the Minnesota Ambulance Association;
new text end
new text begin
(11) a representative of the National Alliance on Mental Illness Minnesota;
new text end
new text begin
(12) a representative of Mental Health Minnesota;
new text end
new text begin
(13) the ombudsman for mental health and developmental disabilities or the ombudsman's
designee; and
new text end
new text begin
(14) the chief executive officer of Direct Care and Treatment or a designee.
new text end
new text begin
(b) Members listed in clauses (2), (4), (5), and (6) to (12) are appointed by the
commissioner of human services, with recommendation from the named organizations.
new text end
new text begin Subd. 2. new text end
new text begin Duties. new text end
new text begin
(a) The duties of the work group are to:
new text end
new text begin
(1) determine best practices when a person must be taken into custody and transported
for emergency admission under Minnesota Statutes, section 253B.051;
new text end
new text begin
(2) determine best practices when a peace officer may use authorized force to take a
person into custody and transport the person under Minnesota Statutes, section 253B.051;
and
new text end
new text begin
(3) develop recommendations for policy changes and funding needs to safely transport
people in mental health crises, including alternatives to law enforcement.
new text end
new text begin
(b) By February 1, 2026, the work group must submit a written report to the governor
and the chairs and ranking minority members of the legislative committees and divisions
with jurisdiction over human services and public safety on the work group's activities and
recommendations.
new text end
new text begin Subd. 3. new text end
new text begin Administration. new text end
new text begin
The Department of Human Services must provide
administrative support to the work group and must assist in creation of the report under
subdivision 2.
new text end
new text begin Subd. 4. new text end
new text begin Compensation. new text end
new text begin
Members of the work group serve without compensation.
new text end
new text begin Subd. 5. new text end
new text begin Appointment deadline. new text end
new text begin
Members must be appointed by the authorities under
subdivision 1 by July 31, 2025.
new text end
new text begin Subd. 6. new text end
new text begin Meeting; chair. new text end
new text begin
The commissioner of health must convene the first meeting
by September 15, 2025. The work group must elect a chair at its first meeting. The chair
must convene meetings of the work group at least monthly.
new text end
new text begin Subd. 7. new text end
new text begin Expiration. new text end
new text begin
The work group expires February 1, 2026.
new text end
ARTICLE 10
COURTS
Section 1.
Minnesota Statutes 2024, section 480.243, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Report to legislature. new text end
new text begin
The State Board of Civil Legal Aid shall report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
judiciary on data related to the cases and individuals and families serviced by each of the
grant recipients providing legal services with funds received pursuant to section 480.242.
The data shall be provided for each individual organization and, when possible, for each
geographic region the organization works in, and provided in the aggregate to protect the
privacy of the individuals and families served by the organization. Reports under this
subdivision shall be submitted by April 1 in odd-numbered years.
new text end
Sec. 2.
Minnesota Statutes 2024, section 484.44, is amended to read:
484.44 DEPUTY SHERIFF AND COURT ADMINISTRATOR; ST. LOUIS
COUNTY.
There shall be at all times a chief deputy sheriff of St. Louis County and a chief deputy
court administrator of the district court of St. Louis County and such other deputies as may
be necessary, resident at the city of Virginia, or the city of Ely, or the city of Hibbing, and
their appointment shall be made in the same manner as other deputy sheriffs and deputy
clerks of the district court in said county. The salaries of such deputies shall be fixed and
paid in the same manner as other such deputies. The office of said deputy sheriff at Virginia,
Hibbing, and Ely shall not in any sense be considered or deemed the office of the sheriff
for any purpose except the performance of duties relating solely to proceedings tried or to
be tried at said places; but the office of the deputy court administrator at said places shall
be equally deemed the office of the court administrator of court for all purposes deleted text begin except the
filing of papers in actions or proceedings to be tried at Duluthdeleted text end . Marriage licenses and
naturalization papers may be issued by said deputy court administrator.
Sec. 3.
Minnesota Statutes 2024, section 484.51, is amended to read:
484.51 PAPERS WHERE FILED; ST. LOUIS COUNTY.
deleted text begin Afterdeleted text end new text begin Regardless ofnew text end the place of trial of any cause deleted text begin is determineddeleted text end , as provided in sections
484.44 to 484.52, all papers, orders and documents pertaining to all causes deleted text begin to be tried at
Virginia and filed in court shall be filed and be kept on file at the court administrator's office
in the city of Virginia, and all causes to be tried in Hibbing and all papers, orders and
documents pertaining thereto shall be filed and be kept on file at the court administrator's
office in the city of Hibbingdeleted text end new text begin can be filed at any court location in St. Louis Countynew text end .
In all actions tried at the city of Virginia or the city of Hibbing, the court administrator,
as soon as final judgment is entered, shall forthwith cause such judgment to be docketed in
the court administrator's office at the county seat; and when so docketed the same shall
become a lien on real estate and have the same effect as judgments entered in causes tried
at the county seat.
In all actions tried at the city of Virginia or the city of Hibbing, involving the title of
real estate, upon final judgment being entered, all the papers in said cause shall be filed in
the court administrator's office at the county seat and the final judgment or decree recorded
therein, and a certified copy of all papers in the case shall be made by the court administrator
and retained at the court administrator's office in the city of Virginia or in the court
administrator's office in the city of Hibbing where the action was originally tried, without
additional charge to the parties to said action.
Sec. 4.
Minnesota Statutes 2024, section 518.68, subdivision 1, is amended to read:
Subdivision 1.
Requirement.
Every court order or judgment and decree under this
chapter or chapter 518A that provides for child support, spousal maintenance, custody, or
parenting time must contain certain notices as set out in subdivision 2. The information in
the notices must be concisely stated in plain languagedeleted text begin . The notices must bedeleted text end new text begin andnew text end in clearly
legible printdeleted text begin , but may not exceed two pagesdeleted text end . An order or judgment and decree without the
notice remains subject to all statutes. The court may waive all or part of the notice required
under subdivision 2 relating to parental rights under section 518.17, subdivision 3, if it finds
it is necessary to protect the welfare of a party or child.
Sec. 5.
Minnesota Statutes 2024, section 524.5-420, is amended to read:
524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING; COURT
ORDERS.
(a) A conservator shall report to the court for administration of the estate annually unless
the court otherwise directs, upon resignation or removal, upon termination of the
conservatorship, and at other times as the court directs. new text begin A copy of the report must be provided
to the person subject to conservatorship and to interested persons of record with the court.
new text end An order, after notice and hearing, allowing an intermediate report of a conservator
adjudicates liabilities concerning the matters adequately disclosed in the accounting. An
order, after notice and hearing, allowing a final report adjudicates all previously unsettled
liabilities relating to the conservatorship.
(b) A report must state or contain a listing of the assets of the estate under the
conservator's control and a listing of the receipts, disbursements, and distributions during
the reporting period.
(c) The report must also state an address or post office box and a telephone number
where the conservator can be contacted.
(d) A conservator shall report to the court in writing within 30 days of the occurrence
of any of the events listed in this paragraph. The conservator must report any of the
occurrences in this paragraph and follow the same reporting requirements in this paragraph
for any employee of the conservator responsible for exercising powers and duties under the
conservatorship. A copy of the report must be provided to the person subject to
conservatorship and to interested persons of record with the court. A conservator shall report
when:
(1) the conservator is removed for cause from serving as a guardian or conservator, and
if so, the case number and court location;
(2) the conservator has a professional license from an agency listed under section
524.5-118, subdivision 2a, denied, conditioned, suspended, revoked, or canceled, and if so,
the licensing agency and license number, and the basis for denial, condition, suspension,
revocation, or cancellation of the license;
(3) the conservator is found civilly liable in an action that involves fraud,
misrepresentation, material omission, misappropriation, theft, or conversion, and if so, the
case number and court location;
(4) the conservator files for or receives protection under the bankruptcy laws, and if so,
the case number and court location;
(5) a civil monetary judgment is entered against the conservator, and if so, the case
number, court location, and outstanding amount owed;
(6) the conservator is convicted of a crime other than a petty misdemeanor or traffic
offense, and if so, the case number and court location; or
(7) an order for protection or harassment restraining order is issued against the
conservator, and if so, the case number and court location.
(e) A person subject to conservatorship or an interested person of record with the court
may submit to the court a written statement disputing account statements regarding the
administration of the estate or addressing any disciplinary or legal action that is contained
in the reports and may petition the court for any order that is in the best interests of the
person subject to conservatorship and the estate or for other appropriate relief.
(f) An interested person may notify the court in writing that the interested person does
not wish to receive copies of reports required under this section after which time neither
the court nor any other person is required to give notice to any person who has waived
notice.
(g) The court may appoint a visitor to review a report or plan, interview the person
subject to conservatorship or conservator, and make any other investigation the court directs.
In connection with a report, the court may order a conservator to submit the assets of the
estate to an appropriate examination to be made in a manner the court directs.
(h) The court shall establish a system for monitoring of conservatorships, including the
filing and review of conservators' reports and plans. If an annual report is not filed within
60 days of the required date, the court shall issue an order to show cause. Unless otherwise
ordered by the court, a report under this section shall be filed publicly.
(i) If there is no acting guardian, a conservator that becomes aware of the death of the
person subject to conservatorship shall notify in writing; orally; or by phone, text message,
email, or electronic service, all known interested persons as defined by section 524.5-102,
subdivision 7, clauses (iii), (iv), (v), (vi), (ix), and (xi), and the court as soon as is reasonably
practical, that the person subject to conservatorship has died. The conservator may delegate
this task under reasonable circumstances.
(j) If a conservator fails to comply with this section, the court may decline to appoint
that person as a guardian or conservator, or may remove a person as guardian or conservator.
ARTICLE 11
DATA PRACTICES
Section 1.
Minnesota Statutes 2024, section 13.04, subdivision 4, is amended to read:
Subd. 4.
Procedure when data is not accurate or complete.
(a) An individual subject
of the data may contest the accuracy or completeness of public or private data about
themselves.
(b) To exercise this right, an individual shall notify in writing the responsible authority
of the government entity that maintains the data, describing the nature of the disagreement.
(c) Upon receiving notification from the data subject, the responsible authority shall
within 30 days either:
(1) correct the data found to be inaccurate or incomplete and attempt to notify past
recipients of inaccurate or incomplete data, including recipients named by the individual;
or
(2) notify the individual that the responsible authority has determined the data to be
correct. If the challenged data are determined to be accurate or complete, the responsible
authority shall inform the individual of the right to appeal the determination to the
commissioner as specified under paragraph (d). Data in dispute shall be disclosed only if
the individual's statement of disagreement is included with the disclosed data.
(d) A data subject may appeal the determination of the responsible authority pursuant
to the provisions of the Administrative Procedure Act relating to contested cases. An
individual must submit an appeal to the commissioner within 60 days of the responsible
authority's notice of the right to appeal or as otherwise provided by the rules of the
commissioner. Upon receipt of an appeal by an individual, the commissioner shall, before
issuing the order and notice of a contested case hearing required by chapter 14, try to resolve
the dispute through education, conference, conciliation, or persuasion. If the parties consent,
the commissioner may refer the matter to mediation. Following these efforts, the
commissioner shall dismiss the appeal or issue the order and notice of hearing.
(e) The commissioner may dismiss an appeal without first attempting to resolve the
dispute or before issuing an order and notice of a contested case hearing if:
(1) the appeal to the commissioner is not timely;
(2) the appeal concerns data previously presented as evidence in a court proceeding in
which the data subject was a party; or
(3) the individual making the appeal is not the subject of the data challenged as inaccurate
or incomplete.
new text begin
(f) A responsible authority may submit private data to the commissioner to respond to
a data subject's appeal of the determination that data are accurate and complete. Section
13.03, subdivision 4, applies to data submitted by the responsible authority. Government
data submitted to the commissioner by a government entity, copies of government data
submitted by a data subject, or government data described by the data subject in their appeal
have the same classification as the data when maintained by the government entity. The
commissioner may disclose private data contained within the appeal record to the Office
of Administrative Hearings.
new text end
deleted text begin (f)deleted text end new text begin (g)new text end Data on individuals that have been successfully challenged by an individual must
be completed, corrected, or destroyed by a government entity without regard to the
requirements of section 138.17.
deleted text begin (g)deleted text end new text begin (h)new text end After completing, correcting, or destroying successfully challenged data, a
government entity may retain a copy of the commissioner of administration's order issued
under chapter 14 or, if no order were issued, a summary of the dispute between the parties
that does not contain any particulars of the successfully challenged data.
new text begin
(i) Data maintained by the commissioner that a responsible authority has completed,
corrected, or destroyed as the result of the informal resolution process described in paragraph
(d) or by order of the commissioner, are private data on individuals.
new text end
Sec. 2.
Minnesota Statutes 2024, section 13.05, subdivision 5, is amended to read:
Subd. 5.
Data protection.
(a) The responsible authority shall:
(1) establish procedures to assure that all data on individuals is accurate, complete, and
current for the purposes for which it was collected;
(2) establish appropriate security safeguards for all records containing data on individuals,
including procedures for ensuring that data that deleted text begin aredeleted text end new text begin isnew text end not public deleted text begin aredeleted text end new text begin isnew text end only accessible to
persons whose work assignment reasonably requires access to the data, and is only being
accessed by those persons for purposes described in the procedure; deleted text begin and
deleted text end
(3) develop a policy incorporating these procedures, which may include a model policy
governing access to the data if sharing of the data with other government entities is authorized
by lawnew text begin ; and
new text end
new text begin (4) establish procedures for monitoring access to private or confidential data on
individualsnew text end .
(b) When not public data is being disposed of, the data must be destroyed in a way that
prevents its contents from being determined.
Sec. 3.
Minnesota Statutes 2024, section 13.356, is amended to read:
13.356 PERSONAL CONTACT AND ONLINE ACCOUNT INFORMATION.
(a) The following data on an individual collected, maintained, or received by a
government entity deleted text begin for notification purposes or as part of a subscription list for an entity's
electronic periodic publications as requested by the individual aredeleted text end new text begin isnew text end private data on
individuals:
(1) telephone number;
(2) email address; and
(3) Internet user name, password, Internet protocol address, and any other similar data
related to the individual's online account or access procedures.
(b) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a).
Paragraph (a) does not apply to data submitted by an individual to the Campaign Finance
Board to meet the legal requirements imposed by chapter 10A, to data submitted for purposes
of making a public comment, or to data in a state agency's rulemaking email list.
(c) Data provided under paragraph (a) may deleted text begin onlydeleted text end be used deleted text begin for the specific purpose for
which the individual provided the datadeleted text end new text begin by the government entity to:
new text end
new text begin
(1) communicate with the individual; or
new text end
new text begin (2) perform the government entity's health, safety, or welfare functions or provide
government servicesnew text end .
new text begin
(d) If the data provided under paragraph (a) is also classified as private data on individuals
by other state statute, the data may be shared or disseminated as provided in the other state
statute.
new text end
new text begin
(e) This section does not apply to data on an individual contained in a real property
record, which is any record of data that is maintained as part of the county real estate
document recording system for use by the public, data on assessments, data on real or
personal property taxation, and other data on real property.
new text end
Sec. 4.
Minnesota Statutes 2024, section 13.40, subdivision 2, is amended to read:
Subd. 2.
Private data; library deleted text begin borrowersdeleted text end new text begin patronsnew text end .
(a) Except as provided in paragraph
(b), the following data maintained by a library deleted text begin aredeleted text end new text begin isnew text end private data on individuals and may
not be disclosed deleted text begin fordeleted text end other than new text begin for new text end library purposes except pursuant to a court ordernew text begin or section
13.05new text end :
(1) data that link a library patron's name with materials requested or borrowed by the
patron or that link a patron's name with a specific subject about which the patron has
requested information or materials; deleted text begin or
deleted text end
(2) data in applications for new text begin patron new text end borrower cards, other than the name of the deleted text begin borrower.deleted text end new text begin
patron if the patron is 18 years of age or older; or
new text end
new text begin
(3) the name of a patron who is a minor.
new text end
(b) A library may release reserved materials to a family member or other person who
resides with a library patron and who is picking up the material on behalf of the patron. A
patron may request that reserved materials be released only to the patron.
new text begin
(c) Section 13.04, subdivision 2, does not apply to data classified under paragraph (a),
clause (3).
new text end
Sec. 5.
Minnesota Statutes 2024, section 13.43, subdivision 2, is amended to read:
Subd. 2.
Public data.
(a) Except for employees described in subdivision 5 and subject
to the limitations described in subdivision 5a, the following personnel data on current and
former employees, volunteers, and independent contractors of a government entity is public:
(1) name; employee identification number, which must not be the employee's Social
Security number; actual gross salary; salary range; terms and conditions of employment
relationship; contract fees; actual gross pension; the value and nature of employer paid
fringe benefits; and the basis for and the amount of any added remuneration, including
expense reimbursement, in addition to salary;
(2) job title and bargaining unit; job description; education and training background;
and previous work experience;
(3) date of first and last employment;
(4) the existence and status of any complaints or charges against the employee, regardless
of whether the complaint or charge resulted in a disciplinary action;
(5) the final disposition of any disciplinary action together with the specific reasons for
the action and data documenting the basis of the action, excluding data that would identify
confidential sources who are employees of the public body;
(6) the complete terms of any agreement settling any dispute arising out of an employment
relationship, including a buyout agreement as defined in section 123B.143, subdivision 2,
paragraph (a); except that the agreement must include specific reasons for the agreement if
it involves the payment of more than $10,000 of public money;
(7) work location; a work telephone number; badge number; work-related continuing
education; and honors and awards received; and
(8) payroll time sheets or other comparable data that are only used to account for
employee's work time for payroll purposes, except to the extent that release of time sheet
data would reveal the employee's reasons for the use of sick or other medical leave or other
not public data.
(b) For purposes of this subdivision, a final disposition occurs when the government
entity makes its final decision about the disciplinary action, regardless of the possibility of
any later proceedings or court proceedings. Final disposition includes a resignation by an
individual when the resignation occurs after the final decision of the government entity, or
arbitrator. In the case of arbitration proceedings arising under collective bargaining
agreements, a final disposition occurs at the conclusion of the arbitration proceedings, or
upon the failure of the employee to elect arbitration within the time provided by the collective
bargaining agreement. A disciplinary action does not become public data if an arbitrator
sustains a grievance and reverses all aspects of any disciplinary action.
(c) The government entity may display a photograph of a current or former employee
to a prospective witness as part of the government entity's investigation of any complaint
or charge against the employee.
(d) A complainant has access to a statement provided by the complainant to a government
entity in connection with a complaint or charge against an employee.
(e) Notwithstanding paragraph (a), clause (5), and subject to paragraph (f), upon
completion of an investigation of a complaint or charge against a public official, or if a
public official resigns or is terminated from employment while the complaint or charge is
pending, all data relating to the complaint or charge are public, unless access to the data
would jeopardize an active investigation or reveal confidential sources. For purposes of this
paragraph, "public official" means:
(1) the head of a state agency and deputy and assistant state agency heads;
(2) members of boards or commissions required by law to be appointed by the governor
or other elective officers;
(3) executive or administrative heads of departments, bureaus, divisions, or institutions
within state government; and
(4) the following employees:
(i) the chief administrative officer, or the individual acting in an equivalent position, in
all political subdivisions;
(ii) individuals required to be identified by a political subdivision pursuant to section
471.701;
(iii) in a city deleted text begin with a population of more than 7,500deleted text end or a county deleted text begin with a population of more
than 5,000deleted text end : managers; chiefs; heads or directors of departments, divisions, bureaus, or
boards; and any equivalent position; and
(iv) in a school district: business managers; human resource directors; athletic directors
whose duties include at least 50 percent of their time spent in administration, personnel,
supervision, and evaluation; chief financial officers; directors; individuals defined as
superintendents and principals under Minnesota Rules, part 3512.0100; and in a charter
school, individuals employed in comparable positions.
(f) Data relating to a complaint or charge against an employee identified under paragraph
(e), clause (4), are public only if:
(1) the complaint or charge results in disciplinary action or the employee resigns or is
terminated from employment while the complaint or charge is pending; or
(2) potential legal claims arising out of the conduct that is the subject of the complaint
or charge are released as part of a settlement agreement.
This paragraph and paragraph (e) do not authorize the release of data that are made not
public under other law.
Sec. 6.
Minnesota Statutes 2024, section 13.82, subdivision 7, is amended to read:
Subd. 7.
Criminal investigative data.
Except for the data defined in subdivisions 2, 3,
and 6, investigative data collected or created by a law enforcement agency in order to prepare
a case against a person, whether known or unknown, for the commission of a crime or other
offense for which the agency has primary investigative responsibility are confidential or
protected nonpublic while the investigation is active. Inactive investigative data are public
unless the release of the data would jeopardize another ongoing investigation or would
reveal the identity of individuals protected under subdivision 17. Images and recordings,
including photographs, video, and audio records, which are part of inactive investigative
files and which are clearly offensive to common sensibilities are classified as private or
nonpublic data, provided that the existence of the images and recordings shall be disclosed
to any person requesting access to the inactive investigative file. An investigation becomes
inactive upon the occurrence of any of the following events:
(a) a decision by the agency or appropriate prosecutorial authority not to pursue the case;
(b) expiration of the time to bring a charge or file a complaint under the applicable statute
of limitations, or 30 years after the commission of the offense, whichever comes earliest;
or
(c) exhaustion of or expiration of all rights of appeal by a person convicted on the basis
of the investigative data.
Any investigative data presented as evidence in court shall be public. Data determined
to be inactive under clause (a) may become active if the agency or appropriate prosecutorial
authority decides to renew the investigation.
During the time when an investigation is active, any person may bring an action in the
district court located in the county where the data are being maintained to authorize disclosure
of investigative data. The court may order that all or part of the data relating to a particular
investigation be released to the public or to the person bringing the action. In making the
determination as to whether investigative data shall be disclosed, the court shall consider
whether the benefit to the person bringing the action or to the public outweighs any harm
to the public, to the agency or to any person identified in the data. The data in dispute shall
be examined by the court in camera.
new text begin
In cases involving a missing person who has been missing for a continuous period of
20 years, the law enforcement agency and prosecuting authority must release active criminal
investigative data to the legal representative of the missing person's next of kin, upon request,
if the release of the data is not prohibited under section 13.821. If the law enforcement
agency or prosecuting authority reasonably believes that public dissemination of the data
will interfere with the investigation, the law enforcement agency or prosecuting authority
may release the data to the next of kin's legal representative on the condition that the data
remain in the custody and control of a licensed attorney or a licensed private investigator
and be used for investigative purposes, until the investigation is inactive.
new text end
Sec. 7.
Minnesota Statutes 2024, section 13.825, subdivision 2, is amended to read:
Subd. 2.
Data classification; court-authorized disclosure.
(a) Data collected by a
portable recording system are private data on individuals or nonpublic data, subject to the
following:
(1) data that record, describe, or otherwise document actions and circumstances
surrounding either the discharge of a firearm by a peace officer in the course of duty, if a
notice is required under section 626.553, subdivision 2, or the use of force by a peace officer
that results in substantial bodily harm, as defined in section 609.02, subdivision 7a, are
public;
(2) data are public if a subject of the data requests it be made accessible to the public,
except that, if practicable, (i) data on a subject who is not a peace officer and who does not
consent to the release must be redacted, and (ii) data on a peace officer whose identity is
protected under section 13.82, subdivision 17, clause (a), must be redacted;
(3) subject to paragraphs (b) to deleted text begin (d)deleted text end new text begin (e)new text end , portable recording system data that are active
criminal investigative data are governed by section 13.82, subdivision 7, and portable
recording system data that are inactive criminal investigative data are governed by this
section;
(4) portable recording system data that are public personnel data under section 13.43,
subdivision 2, clause (5), are public; and
(5) data that are not public data under other provisions of this chapter retain that
classification.
(b) Notwithstanding section 13.82, subdivision 7, when an individual dies as a result of
a use of force by a peace officer, an involved officer's law enforcement agency must allow
the following individuals, upon their request, to inspect all portable recording system data,
redacted no more than what is required by law, documenting the incident within five days
of the request, subject to paragraphs (c) and (d):
(1) the deceased individual's next of kin;
(2) the legal representative of the deceased individual's next of kin; and
(3) the other parent of the deceased individual's child.
(c) A law enforcement agency may deny a request to inspect portable recording system
data under paragraph (b) if the agency determines that there is a compelling reason that
inspection would interfere with an active investigation. If the agency denies access under
this paragraph, the chief law enforcement officer must provide a prompt, written denial to
the individual in paragraph (b) who requested the data with a short description of the
compelling reason access was denied and must provide notice that relief may be sought
from the district court pursuant to section 13.82, subdivision 7.
(d) When an individual dies as a result of a use of force by a peace officer, an involved
officer's law enforcement agency shall release all portable recording system data, redacted
no more than what is required by law, documenting the incident no later than 14 days after
the incident, unless the chief law enforcement officer asserts in writing that the public
classification would interfere with an ongoing investigation, in which case the data remain
classified by section 13.82, subdivision 7.
new text begin
(e) Notwithstanding section 13.82, subdivision 7, portable recording system data on a
data subject who is an elected official and charged with a felony is public data 14 days after
a criminal complaint is filed.
new text end
deleted text begin (e)deleted text end new text begin (f) new text end A law enforcement agency may redact or withhold access to portions of data that
are public under this subdivision if those portions of data are clearly offensive to common
sensibilities.
deleted text begin (f)deleted text end new text begin (g)new text end Section 13.04, subdivision 2, does not apply to collection of data classified by
this subdivision.
deleted text begin (g)deleted text end new text begin (h)new text end Any person may bring an action in the district court located in the county where
portable recording system data are being maintained to authorize disclosure of data that are
private or nonpublic under this section or to challenge a determination under paragraph deleted text begin (e)deleted text end new text begin
(f)new text end to redact or withhold access to portions of data because the data are clearly offensive to
common sensibilities. The person bringing the action must give notice of the action to the
law enforcement agency and subjects of the data, if known. The law enforcement agency
must give notice to other subjects of the data, if known, who did not receive the notice from
the person bringing the action. The court may order that all or part of the data be released
to the public or to the person bringing the action. In making this determination, the court
shall consider whether the benefit to the person bringing the action or to the public outweighs
any harm to the public, to the law enforcement agency, or to a subject of the data and, if
the action is challenging a determination under paragraph deleted text begin (e)deleted text end new text begin (f)new text end , whether the data are clearly
offensive to common sensibilities. The data in dispute must be examined by the court in
camera. This paragraph does not affect the right of a defendant in a criminal proceeding to
obtain access to portable recording system data under the Rules of Criminal Procedure.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2024, section 13.825, subdivision 4, is amended to read:
Subd. 4.
Access by data subjects.
(a) For purposes of this chapter, a portable recording
system data subject includes the peace officer who collected the data, and any other individual
or entity, including any other peace officer, regardless of whether the officer is or can be
identified by the recording, whose image or voice is documented in the data.
(b) An individual who is the subject of portable recording system data has access to the
data, including data on other individuals who are the subject of the recording. If the individual
requests a copy of the recording, data on other individuals who do not consent to its release
must be redacted from the copy. The identity and activities of an on-duty peace officer
engaged in an investigation or response to an emergency, incident, or request for service
may not be redacted, unless the officer's identity is subject to protection under section 13.82,
subdivision 17, clause (a).
new text begin
(c) Notwithstanding section 13.82, subdivision 7, a person entitled to a report of a
collision under section 169.09, subdivision 13, must be provided with copies of unredacted
data from all portable recording systems used in the collision investigation, including data
on other individuals who are the subject of the recording. A request must be made in writing
and accompanied by the accident report relating to the data. Data provided under this
paragraph may only be used to process a claim related to the collision or as evidence in a
proceeding related to the collision. The requestor must not further disseminate the data or
use the data for any other purpose. A law enforcement agency may deny a request to provide
unredacted portable recording system data under this paragraph if:
new text end
new text begin
(1) the agency determines there is a compelling reason that providing access to the data
would interfere with an active investigation;
new text end
new text begin
(2) the data is clearly offensive to common sensibilities; or
new text end
new text begin
(3) the data is classified as not public by other provisions under this chapter.
new text end
new text begin
If a law enforcement agency denies access under clause (1), the agency must provide a
prompt, written reason for the denial to the individual who requested the data with a
description of the compelling reason and must provide notice that relief may be sought from
the district court under section 13.82, subdivision 7.
new text end
Sec. 9.
Minnesota Statutes 2024, section 13.991, is amended to read:
13.991 JUDICIAL OFFICIAL DATA; PERSONAL INFORMATION.
(a) Subject to paragraph (b), the personal information of all judicial officials collected,
created, or maintained by a government entity is private data on individuals. For purposes
of this section, the terms "personal information" and "judicial official" have the meanings
given in section 480.40, subdivision 1.
(b) If the responsible authority or government entity violates this chapter, the remedies
and penalties under this chapter are available only if the judicial official making a claim
previously provided written notification to the responsible authority confirming on a form
provided by the Minnesota judicial branch that they are entitled to protection under section
480.40. If the subject of the data is an adult child of a judicial official who does not reside
with the judicial official, the remedies and penalties under this chapter are available only
if the adult child previously provided written notification to the responsible authority
confirming their status as the child of a judicial official. In the case of county records, the
form shall be filed with the responsible authority that maintains the personal information
for which the judicial officer is seeking protection. A form submitted under this section is
private data on individuals. A notice filed under this paragraph expires five years following
the date of filing, unless it is renewed prior to the expiration date.
(c) deleted text begin This section shall not apply todeleted text end new text begin Notwithstanding paragraph (a), section 480.50 shall
governnew text end personal information deleted text begin contained in:deleted text end new text begin of all judicial officials contained in real property
records, as defined in section 480.50, subdivision 1, paragraph (f).
new text end
deleted text begin
(1) real property records as defined in section
deleted text end
deleted text begin
13.045, subdivision 1
deleted text end
deleted text begin
, clause (5);
deleted text end
deleted text begin
(2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
deleted text end
deleted text begin
and
deleted text end
deleted text begin
(3) any other records maintained by a
deleted text end
deleted text begin
government entity
deleted text end
deleted text begin
evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 10.
Minnesota Statutes 2024, section 15.17, subdivision 1, is amended to read:
Subdivision 1.
Must be kept.
All officers and agencies of the state, counties, cities,
towns, school districts, municipal subdivisions or corporations, or other public authorities
or political entities within the state, hereinafter "public officer," shall make and preserve
all records necessary to a full and accurate knowledge of their official activities. Government
records may be produced in the form of computerized records. All government records shall
be made deleted text begin on a physical medium of adeleted text end new text begin in a manner andnew text end quality to deleted text begin insuredeleted text end new text begin ensurenew text end permanent
records. Every public officer is empowered to reproduce records deleted text begin if the records are not
deemed to be of permanent or archival value by the commissioner of administration anddeleted text end
new text begin but may only reproduce permanent and archival records pursuant to guidance from the state
archives in consultation withnew text end the records disposition panel deleted text begin under section deleted text end . The public
officer is empowered to reproduce these records by any deleted text begin photographic, photostatic,
microphotographic, optical disk imaging system, microfilming, or other reproductiondeleted text end method
that clearly and accurately reproduces the records. Each public officer may order that those
deleted text begin photographs, photostats, microphotographs, microfilms, optical images, or otherdeleted text end
reproductionsdeleted text begin ,deleted text end be substituted for the originals deleted text begin of themdeleted text end . new text begin Records that are reproduced when
so ordered by a public officer are admissible as evidence in all courts and proceedings of
every kind. A certified or exemplified copy of the reproduction has the same effect and
weight as evidence as would a certified or exemplified copy of the original. new text end The public
officer may direct the destruction or sale for salvage or other disposition of the originals
from which they were made, in accordance with the disposition requirements of section
138.17. deleted text begin Photographs, photostats, microphotographs, microfilms, optical images, or other
reproductions are for all purposes deemed the original recording of the papers, books,
documents, and records reproduced when so ordered by any public officer and are admissible
as evidence in all courts and proceedings of every kind. A facsimile or exemplified or
certified copy of a photograph, photostat, microphotograph, microfilm, optical image, or
other reproduction, or an enlargement or reduction of it, has the same effect and weight as
evidence as would a certified or exemplified copy of the original.
deleted text end
Sec. 11.
Minnesota Statutes 2024, section 138.17, subdivision 1, is amended to read:
Subdivision 1.
Destruction, preservation, reproduction of records; prima facie
evidence.
(a) The attorney general, legislative auditor in the case of state records, state
auditor in the case of local records, and director of the Minnesota Historical Society,
hereinafter director, shall constitute the Records Disposition Panel. The members of the
panel shall have power by majority vote to direct the destruction or sale for salvage of
government records determined to be no longer of any value, or to direct the disposition by
gift to the Minnesota Historical Society or otherwise of government records determined to
be valuable for preservation. The Records Disposition Panel may by majority vote order
any of those records to be reproduced deleted text begin by photographic or other means,deleted text end and order that
deleted text begin photographic or otherdeleted text end new text begin thenew text end reproductions be substituted for the originals deleted text begin of themdeleted text end . It may
direct the destruction or sale for salvage or other disposition of the originals from which
they were made. deleted text begin Photographic or other reproductions shall for all purposes be deemed the
originals of the records reproduced when so ordered by the records disposition panel, and
shall be admissible as evidence in all courts and in proceedings of every kind. A facsimile,
exemplified or certified copy of a photographic, optical disk imaging, or other reproduction,
or an enlargement or reduction of it, shall have the same effect and weight as evidence as
would a certified or exemplified copy of the original.deleted text end new text begin Records that are reproduced when so
ordered by the Records Disposition Panel are admissible as evidence in all courts and
proceedings of every kind. A certified or exemplified copy of the reproduction has the same
effect and weight as evidence as would a certified or exemplified copy of the original.new text end The
Records Disposition Panel, by majority vote, may direct the storage of government records,
except as herein provideddeleted text begin , and direct the storage of photographic or other reproductionsdeleted text end .
deleted text begin Photographic or otherdeleted text end Reproductions substituted for original records shall be disposed of
in accordance with the procedures provided for the original records.
(b) For the purposes of this chapter:
(1) the term "government records" means state and local records, including all cards,
correspondence, discs, maps, memoranda, microfilms, papers, photographs, recordings,
reports, tapes, writings, optical disks, and other data, information, or documentary material,
regardless of physical form or characteristics, storage media or conditions of use, made or
received by an officer or agency of the state and an officer or agency of a county, city, town,
school district, municipal subdivision or corporation or other public authority or political
entity within the state pursuant to state law or in connection with the transaction of public
business by an officer or agency;
(2) the term "state record" means a record of a department, office, officer, commission,
commissioner, board or any other agency, however styled or designated, of the executive
branch of state government; a record of the state legislature; a record of any court, whether
of statewide or local jurisdiction; and any other record designated or treated as a state record
under state law;
(3) the term "local record" means a record of an agency of a county, city, town, school
district, municipal subdivision or corporation or other public authority or political entity;
(4) the term "records" excludes data and information that does not become part of an
official transaction, library and museum material made or acquired and kept solely for
reference or exhibit purposes, extra copies of documents kept only for convenience of
reference and stock of publications and processed documents, and bonds, coupons, or other
obligations or evidences of indebtedness, the destruction or other disposition of which is
governed by other laws;new text begin and
new text end
(5) the term "state archives" means those records preserved or appropriate for preservation
as evidence of the organization, functions, policies, decisions, procedures, operations or
other activities of government or because of the value of the information contained in them,
when determined to have sufficient historical or other value to warrant continued preservation
by the state of Minnesota and accepted for inclusion in the collections of the Minnesota
Historical Society.
(c) If the decision is made to dispose of records by majority vote, the Minnesota Historical
Society may acquire and retain whatever they determine to be of potential historical value.
Sec. 12.
Minnesota Statutes 2024, section 299C.80, subdivision 6, is amended to read:
Subd. 6.
Reporting.
new text begin (a) new text end As provided for in chapter 13, the superintendent must make
all inactive investigative data for officer-involved death investigations that are public under
section 13.82, subdivision 7, or other applicable law available on the bureau's website within
30 days of the deleted text begin end of the last criminal appeal of a subject of an investigation.deleted text end new text begin case becoming
inactive as defined in section 13.82, subdivision 7, except any video that does not record,
describe, or otherwise document actions and circumstances surrounding the officer-involved
death.
new text end
new text begin (b) new text end By February 1 of each year, the superintendent shall report to the commissioner, the
governor, and the chairs and ranking minority members of the legislative committees with
jurisdiction over public safety finance and policy the following information about the unit:
the number of investigations initiated; the number of incidents investigated; the outcomes
or current status of each investigation; the charging decisions made by the prosecuting
authority of incidents investigated by the unit; the number of plea agreements reached in
incidents investigated by the unit; and any other information relevant to the unit's mission.
new text begin
(c) Nothing in this subdivision modifies the requirements of chapter 13 or the
classification of data.
new text end
Sec. 13.
new text begin
[325M.40] DATA SHARING PROHIBITED; CERTAIN AUTISM STUDIES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Business" means any corporation, partnership, proprietorship, firm, enterprise,
franchise, association, organization, self-employed individual, or any other legal entity that
engages in either nonprofit or profit-making activities.
new text end
new text begin
(c) "Government entity" has the meaning given in section 13.02, subdivision 7a.
new text end
new text begin
(d) "Health care provider" means a provider under section 144.291, subdivision 2,
paragraph (i), and includes health care providers who provide telehealth services to Minnesota
residents.
new text end
new text begin Subd. 2. new text end
new text begin Dissemination prohibited. new text end
new text begin
A business, health care provider, or government
entity must not disseminate the following data for purposes of researching autism as a
preventable disease:
new text end
new text begin
(1) data identifying an individual, including names, birthdates, addresses, telephone
numbers, or email addresses; or
new text end
new text begin
(2) any other data that could reasonably be used to identify an individual.
new text end
new text begin Subd. 3. new text end
new text begin Enforcement. new text end
new text begin
The attorney general may enforce this section pursuant to section
8.31. A government entity that violates this section is subject to the remedies and penalties
under sections 13.08, 13.085, and 13.09.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 14.
Minnesota Statutes 2024, section 480.40, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) For purposes of this section and section 480.45, the
following terms have the meanings given.
(b) "Judicial official" means:
(1) every Minnesota district court judge, senior judge, retired judge, and every judge of
the Minnesota Court of Appeals and every active, senior, recalled, or retired federal judge
who resides in Minnesota;
(2) a justice of the Minnesota Supreme Court;
(3) employees of the Minnesota judicial branch;
(4) judicial referees and magistrate judges; and
(5) current and retired judges and current employees of the Office of Administrative
Hearings, Workers' Compensation Court of Appeals, and Tax Court.
(c) "Personal information" does not include publicly available information. Personal
information means:
(1) a residential address of a judicial official;
(2) a residential address of the spouse, domestic partner, or children of a judicial official;
(3) a nonjudicial branch issued telephone number or email address of a judicial official;
(4) the name of any child of a judicial official; and
(5) the name of any child care facility or school that is attended by a child of a judicial
official if combined with an assertion that the named facility or school is attended by the
child of a judicial official.
(d) "Publicly available information" means information that is lawfully made available
through federal, state, or local government records or information that a business has a
reasonable basis to believe is lawfully made available to the general public through widely
distributed media, by a judicial official, or by a person to whom the judicial official has
disclosed the information, unless the judicial official has restricted the information to a
specific audience.
(e) "Law enforcement support organizations" do not include charitable organizations.
new text begin
(f) "Real property records" has the meaning given in section 480.50, subdivision 1,
paragraph (f).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 15.
Minnesota Statutes 2024, section 480.40, subdivision 3, is amended to read:
Subd. 3.
Exceptions.
new text begin (a)new text end Subdivision 2 deleted text begin doesdeleted text end new text begin and section 480.50 donew text end not apply to:
(1) the dissemination of personal information if the information is relevant to and
displayed as part of a news story, commentary, editorial, or other speech on a matter of
public concern;
(2) personal information that the judicial official voluntarily disseminates publicly after
August 1, 2024;
(3) the dissemination of personal information made at the request of the judicial official
or which is necessary to effectuate the request of a judicial official;
(4) a commercial entity using personal information internally, providing access to
businesses under common ownership or affiliated by corporate control, or selling or providing
data for a transaction or service requested by or concerning the individual whose personal
information is being transferred;
(5) a commercial entity providing publicly available information through real-time or
near real-time alert services for health or safety purposes;
(6) a commercial entity engaged in the collection, maintenance, disclosure, sale,
communication, or use of any personal information bearing on a consumer's credit worthiness,
credit standing, credit capacity, character, general reputation, personal characteristics, or
mode of living by a consumer reporting agency, furnisher, or user that provides information
for use in a consumer report, and by a user of a consumer report, but only to the extent that
such activity is regulated by and authorized under the federal Fair Credit Reporting Act,
United States Code, title 15, section 1681, et seq.;
(7) a consumer reporting agency subject to the federal Fair Credit Reporting Act, United
States Code, title 15, section 1681, et seq.;
(8) a commercial entity using personal information collected, processed, sold, or disclosed
in compliance with the federal Driver's Privacy Protection Act of 1994, United States Code,
title 18, section 2721, et seq.;
(9) a commercial entity using personal information to do any of the following: prevent,
detect, protect against, or respond to security incidents, identity theft, fraud, harassment,
malicious or deceptive activities, or any illegal activity; preserve the integrity or security
of systems; or investigate, report, or prosecute any person responsible for any such action;
(10) a financial institution, affiliate of a financial institution, or data subject to title V
of the federal Gramm-Leach-Bliley Act, United States Code, title 15, section 6801, et seq.;
(11) a covered entity or business associate for purposes of the federal privacy regulations
promulgated under the federal Health Insurance Portability and Accountability Act of 1996,
specifically United States Code, title 42, section 1320d-2 note;
(12) insurance and insurance support organizations;
(13) law enforcement agencies or law enforcement support organizations and vendors
that provide data support services to law enforcement agencies;
new text begin
(14) the display of a property address on a real estate or mapping platform when the
address is not displayed or disclosed in connection with any ownership or occupancy
information or other personal identifying information of a judicial official; and
new text end
deleted text begin (14)deleted text end new text begin (15)new text end the collection and sale or licensing of covered information incidental to
conducting the activities described in clauses (4) to deleted text begin (13)deleted text end new text begin (14)new text end deleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(15) personal information
deleted text end
deleted text begin
contained in:
deleted text end
deleted text begin
(i) real property records as defined in section 13.045, subdivision 1, clause (5);
deleted text end
deleted text begin
(ii) uniform commercial code filings and tax liens maintained by the secretary of state;
and
deleted text end
deleted text begin
(iii) any other records maintained by a government entity evidencing title to, or any lien,
judgment, or other encumbrance on, real or personal property.
deleted text end
new text begin
(b) Subdivision 2 does not apply to personal information of judicial officials collected,
created, or maintained in real property records.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 16.
Minnesota Statutes 2024, section 480.45, subdivision 2, is amended to read:
Subd. 2.
Removal of personal information; exception.
(a) Upon receipt of an affidavit
requesting removal of the personal information of a judicial official that meets the
requirements of subdivision 1, the person, business, association, or government entity shall
remove the publicly posted personal information within 30 days. If the person, business,
association, or government entity fails to remove the publicly posted personal information
within 30 days after an affidavit is submitted, the judicial official may file a civil action in
a court of competent jurisdiction seeking a court order compelling compliance, including
injunctive and declarative relief.
(b) Paragraph (a) shall not apply to personal information new text begin disseminated directly by a
government entity new text end contained indeleted text begin :deleted text end new text begin real property records, as defined in section 480.50,
subdivision 1, paragraph (f).
new text end
deleted text begin
(1) real property records as defined in section
deleted text end
deleted text begin
13.045, subdivision 1
deleted text end
deleted text begin
, clause (5);
deleted text end
deleted text begin
(2) uniform commercial code filings and tax liens maintained by the secretary of state;
deleted text end
deleted text begin
and
deleted text end
deleted text begin
(3) any other records maintained by a government entity evidencing title to, or any lien,
deleted text end
deleted text begin
judgment, or other encumbrance on, real or personal property.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
Sec. 17.
new text begin
[480.50] PERSONAL INFORMATION IN REAL PROPERTY RECORDS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "County recorder" has the meaning given in section 13.045, subdivision 1, clause
(4).
new text end
new text begin
(c) "Government entity" has the meaning given in section 13.02, subdivision 7a.
new text end
new text begin
(d) "Judicial official" has the meaning given in section 480.40, subdivision 1, paragraph
(b), except that it does not include employees of the Minnesota judicial branch, the Office
of Administrative Hearings, the Workers' Compensation Court of Appeals, or the Tax Court.
new text end
new text begin
(e) "Personal information" has the meaning given in section 480.40, subdivision 1,
paragraph (c).
new text end
new text begin
(f) "Real property records" means any of the following:
new text end
new text begin
(1) real property records as defined in section 13.045, subdivision 1, clause (5);
new text end
new text begin
(2) Uniform Commercial Code filings and tax liens maintained by the secretary of state;
and
new text end
new text begin
(3) any other records maintained by a county recorder or other government entity
evidencing title to, or any lien, judgment, or other encumbrance on, real or personal property.
new text end
new text begin
(g) "Responsible authority" has the meaning given in section 13.02, subdivision 16.
new text end
new text begin Subd. 2. new text end
new text begin Classification of data. new text end
new text begin
(a) Subject to the provisions of this section, the personal
information of all judicial officials collected, created, or maintained in real property records
is private data on individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin
(b) If the responsible authority or government entity violates this section, the remedies
and penalties under chapter 13 are available only if the judicial official making a claim
previously provided a real property notice that complies with subdivision 3. If the subject
of the data is the spouse, domestic partner, or adult child of a judicial official who does not
reside with the judicial official, the remedies and penalties under chapter 13 are available
only if the spouse, domestic partner, or adult child previously provided a notification under
subdivision 3 to the responsible authority confirming their status as the spouse, domestic
partner, or adult child of a judicial official. In the case of county records, the notification
shall be filed with the responsible authority that maintains the personal information for
which protection is sought. A notification submitted under this section is private data on
individuals, as defined in section 13.02, subdivision 12.
new text end
new text begin Subd. 3. new text end
new text begin Notification. new text end
new text begin
(a) For the classification in subdivision 2 to apply to personal
information in real property records, a judicial official must submit a real property notice
in writing to the county recorder in the county where the property identified in the real
property notice is located and to the Office of the Secretary of State. To affect real property
records maintained by any other government entity, a judicial official must submit a real
property notice in writing to the other government entity's responsible authority. If the
personal information is that of the spouse, domestic partner, or adult child of a judicial
official who does not reside with the judicial official, the spouse, domestic partner, or adult
child must submit a real property notice. The real property notice is classified as private
data on individuals, as defined in section 13.02, subdivision 12. A real property notice must
be on a form provided by the judicial branch and must include:
new text end
new text begin
(1) the full legal name of the individual submitting the form;
new text end
new text begin
(2) the last four digits of the individual's Social Security number;
new text end
new text begin
(3) the individual's date of birth;
new text end
new text begin
(4) the individual's telephone number and email address;
new text end
new text begin
(5) the residential address of the individual in Minnesota;
new text end
new text begin
(6) the legal description, parcel identification number, and street address, if any, of the
real property affected by the notice; and
new text end
new text begin
(7) a certification that the individual is a judicial official or the spouse, domestic partner,
or adult child of a judicial official that contains the notarized signature of the individual.
new text end
new text begin
(b) A notice submitted by a judicial official employed by the state must include the
employer's business address and a verification of current employment signed by the
employer's human resources office.
new text end
new text begin
(c) A notice submitted pursuant to this subdivision by a spouse, domestic partner, or
adult child of a judicial official not residing with the judicial official must include a notarized
verification that the individual is the spouse, domestic partner, or adult child of a judicial
official.
new text end
new text begin
(d) Only one parcel of real property may be included in each notice, but an individual
may submit more than one notice. A government entity may require an individual to provide
additional information necessary to identify the records or the real property described in
the notice. An individual submitting a notice must submit a new real property notice if their
legal name changes.
new text end
new text begin Subd. 4. new text end
new text begin Access to real property records. new text end
new text begin
(a) If an individual submits a notice under
subdivision 3, the county recorder or other government entity must not disclose the
individual's personal information in conjunction with the property identified in the written
notice, unless:
new text end
new text begin
(1) the individual has consented to sharing or dissemination of the personal information
for the purpose identified in a writing signed by the individual and acknowledged by a
notary public;
new text end
new text begin
(2) the personal information is subject to dissemination pursuant to a court order under
section 13.03, subdivision 6;
new text end
new text begin
(3) the personal information is shared with a government entity for the purpose of
administering assessment and taxation laws;
new text end
new text begin
(4) the personal information is disseminated pursuant to subdivision 5; or
new text end
new text begin
(5) the personal information is shared with the examiner of titles or deputy examiner as
necessary to perform their statutory duties under chapters 508 and 508A, including the
dissemination of personal information in reports of examiner.
new text end
new text begin
(b) This subdivision does not prevent the county recorder from returning original
documents to the person who submitted the documents for recording. Each county recorder
shall establish procedures for recording documents to comply with this subdivision. These
procedures may include masking personal information and making documents or certificates
of title containing the personal information private and not viewable, except as allowed by
this paragraph. The procedure must comply with the requirements of chapters 386, 507,
508, and 508A, and other laws as appropriate, to the extent these requirements do not conflict
with this section. The procedures must provide public notice of the existence of recorded
documents and certificates of title that are not publicly viewable and the provisions for
viewing them under this subdivision. Notice that a document or certificate is private and
viewable only under this subdivision or subdivision 5 is deemed constructive notice of the
document or certificate.
new text end
new text begin
(c) A real property notice submitted under subdivision 3 shall apply retroactively to all
online and digital real property records, except digitized or scanned images of tract pages
and books, but only to the extent the individual submitting the notice provides the parcel
identification number, document number, or certificate of title number of each record for
which protection is sought. Otherwise, paragraph (a) applies only to the real property records
recorded or filed concurrently with the real property notice specified in subdivision 3 and
to real property records affecting the same real property recorded subsequent to the county
recorder or other government entity's receipt of the real property notice.
new text end
new text begin
(d) The county recorder or other government entity shall have 60 days from the date of
receipt of a real property notice under subdivision 3 to process the request. If the individual
cites exigent circumstances, the county recorder or other government entity shall process
the request as soon as practicable.
new text end
new text begin
(e) The prohibition on disclosure in paragraph (a) continues until:
new text end
new text begin
(1) the individual has consented to the termination of the real property notice in a writing
signed by the individual and acknowledged by a notary public;
new text end
new text begin
(2) the real property notice is terminated pursuant to a court order;
new text end
new text begin
(3) the individual no longer holds a record interest in the real property identified in the
real property notice;
new text end
new text begin
(4) the individual is deceased and a certified copy of the death certificate has been filed
with the county recorder or other government entity to which a notice under subdivision 3
was given; or
new text end
new text begin
(5) the judicial official no longer qualifies as a judicial official. Notification that the
judicial official no longer qualifies as a judicial official must be given by the judicial official
to each county recorder or other government entity to which a notice under subdivision 3
was given within 90 days after the judicial official no longer qualifies as a judicial official.
new text end
new text begin
(f) Upon termination of the prohibition of disclosure, the county recorder shall make
publicly viewable all documents and certificates of title that were previously partially or
wholly private and not viewable pursuant to a notice filed under subdivision 3.
new text end
new text begin Subd. 5. new text end
new text begin
Access to personal information in real property records; title
examination.
new text end
new text begin
(a) Upon request, the individual who submitted the real property under notice
under subdivision 3 shall verify that the individual's real property is the property subject to
a bona fide title exam.
new text end
new text begin
(b) The county recorder or other government entity shall provide the unredacted real
property records of an individual who submitted a real property notice under subdivision 3
upon request of any of the following persons:
new text end
new text begin
(1) a licensed title insurance company representative, a licensed title insurance agent, a
licensed abstractor, or an attorney licensed to practice law in Minnesota;
new text end
new text begin
(2) a mortgage loan originator;
new text end
new text begin
(3) a real estate broker or a real estate salesperson; and
new text end
new text begin
(4) an individual or entity that has made or received an offer for the purchase of real
property to or from an individual who submitted a real property notice under subdivision 3
whose address is subject to nondisclosure, provided the request is accompanied by a written
consent from the individual.
new text end
new text begin
(c) A request made under paragraph (a) or (b) must be made on a notarized form and
include:
new text end
new text begin
(1) the full legal name, title, address, and place of employment, if applicable, of the
person requesting the real property records;
new text end
new text begin
(2) the lawful purpose for requesting the real property records;
new text end
new text begin
(3) the requestor's relationship, if any, to the individual who submitted a real property
notice under subdivision 3;
new text end
new text begin
(4) the legal description of the property subject to the title examination; and
new text end
new text begin
(5) proof of the requestor's licensure.
new text end
new text begin
(d) Personal information provided under this subdivision may be used only for the
purposes authorized in this subdivision or the lawful purposes set forth in the request for
disclosure form and may not be further disseminated to any other person. A person receiving
private data under this subdivision shall establish procedures to protect the data from further
dissemination unless further dissemination is required by law. However, the dissemination
of personal information in real property records by a licensed attorney or any employees in
the office of the licensed attorney is permitted when reasonably necessary for the provision
of legal services.
new text end
new text begin Subd. 6. new text end
new text begin Service fees to county recorder or other government entity. new text end
new text begin
The county
recorder or any other government entity is authorized to charge the following service fees:
new text end
new text begin
(1) up to $40 for each real property notice under subdivision 3;
new text end
new text begin
(2) up to $40 for each consent submitted under subdivision 4, paragraphs (a), clause (1),
and (e), clause (1); and
new text end
new text begin
(3) up to $40 for each request submitted under subdivision 5.
new text end
new text begin
These service fees shall not be considered county recorder fees under section 357.18 or
registrar of titles fees under section 508.82 or 508A.82 and shall be deposited into the county
recorder or other government entity's general fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2026.
new text end
ARTICLE 12
MORTGAGE FORECLOSURE
Section 1.
Minnesota Statutes 2024, section 272.45, is amended to read:
272.45 TAXES PAID BY TENANT, OCCUPANT, OR OTHER PERSON BECOME
LIEN, UPON NOTICE FILED WITH COUNTY RECORDER OR REGISTRAR OF
TITLES.
When any past due or delinquent tax on land is paid by any occupant, tenant, or person
with deleted text begin andeleted text end new text begin a legal or equitablenew text end interest in the land other than a lien, or a person acting on that
person's behalf, which, by agreement or otherwise, ought to have been paid by the owner,
lessor, or other party in interest, such occupant, tenant, or person may recover by action the
amount which such owner, lessor, or party in interest ought to have paid, with interest
thereon at the rate of 12 percent per annum, or may retain the same from any rent due or
accruing from the person to such owner or lessor for land on which such tax is so paid. A
person making a payment under this section may file with the county recorder or registrar
of titles of the proper county a deleted text begin noticedeleted text end new text begin sworn statementnew text end stating the amount and date of such
payment, new text begin with a copy of the receipt attached, new text end and stating thenew text begin legal or equitablenew text end interest
claimed in the land, with a description of the land against which the taxes were charged;
and the same shall thereupon be a liennew text begin as of the date of recording of the sworn statementnew text end
upon such land in favor of the person paying the same until the same is paid. The county
recorder shall record such deleted text begin noticedeleted text end new text begin sworn statementnew text end in the indices maintained by the county
recorder. The registrar of titles shall record the deleted text begin noticedeleted text end new text begin sworn statementnew text end on the certificate of
title for the land. Upon the payment of any such lien, the person filing such deleted text begin noticedeleted text end new text begin sworn
statementnew text end shall satisfy the same of record.
Sec. 2.
Minnesota Statutes 2024, section 580.07, subdivision 1, is amended to read:
Subdivision 1.
Postponement by mortgagee.
(a) The sale may be postponed, from time
to time, by the party conducting the foreclosure. The party requesting the postponement
must, at the party's expense:
(1) publish, only once, a notice of the postponement and the rescheduled date of the sale,
if known, as soon as practicable, in the newspaper in which the notice under section 580.03
was published; and
(2) send by first class mail to the occupant, postmarked within three business days of
the postponed sale, notice:
(i) of the postponement; and
(ii) if known, of the rescheduled date of the sale and the date on or before which the
mortgagor must vacate the property if the sheriff's sale is not further postponed, the mortgage
is not reinstated under section 580.30, the property is not redeemed under section 580.23,
or the redemption period is not reduced under section 582.032. The notice must state that
the time to vacate the property is 11:59 p.m. on the specified date.
(b) If the rescheduled date of the sale is not known at the time of the initial publication
and notice to the occupant of postponement, the foreclosing party must, at its expense if
and when a new date of sale is scheduled:
(1) publish, only once, notice of the rescheduled date of the sale, as soon as practicable,
in the newspaper in which the notice under section 580.03 and the notice of postponement
under paragraph (a) was published; and
(2) send by first class mail to the occupant, postmarked within ten days of the rescheduled
sale, notice:
(i) of the date of the rescheduled sale; and
(ii) of the date on or before which the mortgagor must vacate the property if the mortgage
is not reinstated under section 580.30 or the property redeemed under section 580.23. The
notice must state that the time to vacate the property is 11:59 p.m. on the specified date.
new text begin
(c) The right of a mortgagee to postpone a foreclosure sale under this section applies to
a foreclosure by action taken under chapter 581.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end
Sec. 3.
Minnesota Statutes 2024, section 580.07, subdivision 2, is amended to read:
Subd. 2.
Postponement by mortgagor or owner.
(a) If all or a part of the property to
be sold is classified as homestead under section 273.124 and contains one to four dwelling
units, the mortgagor or owner may, in the manner provided in this subdivision, postpone
the sale to the first date that is not a Saturday, Sunday, or legal holiday and is:
(1) five months after the originally scheduled date of sale if the original redemption
period was six months under section 580.23, subdivision 1; or
(2) 11 months after the originally scheduled date of sale if the original redemption period
was 12 months under section 580.23, subdivision 2. To postpone a foreclosure sale pursuant
to this subdivision, at any time after the first publication of the notice of mortgage foreclosure
sale under section 580.03 but at least 15 days prior to the scheduled sale date specified in
that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set forth in
subdivision 3, (2) record the affidavit in the office of each county recorder and registrar of
titles where the mortgage was recorded, and (3) file with the sheriff conducting the sale and
deliver to the attorney foreclosing the mortgage a copy of the recorded affidavit, showing
the date and office in which the affidavit was recorded. Recording of the affidavit and
postponement of the foreclosure sale pursuant to this subdivision shall automatically reduce
the mortgagor's redemption period under section 580.23 to five weeks. The postponement
of a foreclosure sale pursuant to this subdivision does not require any change in the contents
of the notice of sale, service of the notice of sale if the occupant was served with the notice
of sale prior to postponement under this subdivision, or publication of the notice of sale if
publication was commenced prior to postponement under this subdivision, notwithstanding
the service and publication time periods specified in section 580.03, but the sheriff's
certificate of sale shall indicate the actual date of the foreclosure sale and the actual length
of the mortgagor's redemption period. No notice of postponement need be published. An
affidavit complying with subdivision 3 shall be prima facie evidence of the facts stated
therein, and shall be entitled to be recorded. The right to postpone a foreclosure sale pursuant
to this subdivision may be exercised only once, regardless whether the mortgagor reinstates
the mortgage prior to the postponed mortgage foreclosure sale.
(b) If the automatic stay under United States Code, title 11, section 362, applies to the
mortgage foreclosure after a mortgagor or owner requests postponement of the sheriff's sale
under this section, then when the automatic stay is no longer applicable, the mortgagor's or
owner's election to shorten the redemption period to five weeks under this section remains
applicable to the mortgage foreclosure.
(c) Except for the circumstances set forth in paragraph (b), this section does not reduce
the mortgagor's redemption period under section 580.23 for any subsequent foreclosure of
the mortgage.
new text begin
(d) The right of a mortgagor or owner to postpone a foreclosure sale under this section
applies to a foreclosure by action taken under chapter 581.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end
Sec. 4.
Minnesota Statutes 2024, section 580.10, is amended to read:
580.10 SURPLUS.
new text begin Subdivision 1. new text end
new text begin Demand for surplus. new text end
In all cases not provided for in section 580.09, new text begin and
except as required by subdivision 3, new text end if, after sale of any real estate, made as herein prescribed,
there remains in the hands of the officer making the sale any surplus money, after satisfying
the mortgage, with interest, taxes paid, and costs of sale, the surplus shall be paid over by
such officer, on demand, to the mortgagor, the mortgagor's legal representatives or assigns.new text begin
Any surplus of $100 or greater shall be held by the sheriff for the duration of the time
allowed for redemption under section 580.23 or 582.032, whichever is applicable, and if
requested by the owner, applied toward a redemption as described in subdivision 3. If there
is no redemption under section 580.23 or 582.032, a surplus of $100 or greater shall be paid
first to junior creditors with liens of record at the time of the sheriff's sale in order of priority,
if demanded by a junior creditor within the time allowed for redemption under section
580.23 or 582.032, whichever is applicable, and thereafter to the owner of record at the time
of the sheriff's sale, or as provided by court order under section 580.28. A demand by a
party other than the owner shall be accompanied by an affidavit stating the amount remaining
unpaid and the interest creating a right to the surplus.
new text end
new text begin Subd. 2. new text end
new text begin Notice of surplus. new text end
new text begin
When there is a surplus of $100 or greater, the sheriff shall
notify the owner by mail sent to the property address, or, if no street address is assigned for
the property on the property tax statement, to the taxpayer's address on the property tax
statement, that a surplus exists and to call the sheriff's office for more information about
the surplus and how to make a claim to the surplus. The notice shall also include contact
information for the Minnesota Homeownership Center and a statement to call the Minnesota
Homeownership Center for information about redemption and surplus.
new text end
new text begin Subd. 3. new text end
new text begin Request by owner to have surplus applied. new text end
new text begin
At any time during the owner's
redemption period, the owner of record at the time of the sheriff's sale may submit a written
request to the sheriff to have the surplus applied to the redemption amount. The right to
have the surplus applied to the redemption amount is not transferable to any subsequent
owner.
new text end
new text begin Subd. 4. new text end
new text begin Surplus less than $100. new text end
new text begin
If a surplus remains under $100, the sheriff may pay
the surplus amount to the owner of record at the time of the sheriff's sale.
new text end
new text begin Subd. 5. new text end
new text begin Resolution of competing claims. new text end
new text begin
If there are competing claims or if it appears
to the sheriff that any claim is not meritorious, the sheriff may apply to the court in the
county in which the sale was made and set forth by petition the facts then known to the
sheriff, and the names and addresses of the owner and all known claimants to the surplus,
at no cost to the sheriff. The sheriff shall retain the surplus until further order of the court
under section 580.28. If a hearing is scheduled, the sheriff may participate in an advisory
capacity. The sheriff shall be represented by the county attorney. The sheriff shall give
notice of the opening of the court file to the holders of the claims by service of the petition
in the manner of a summons under the Rules of Civil Procedure. Failure of an owner to
participate in the court action does not waive the right of that owner to the surplus.
new text end
Sec. 5.
Minnesota Statutes 2024, section 580.225, is amended to read:
580.225 SATISFACTION OF deleted text begin JUDGMENTdeleted text end new text begin MORTGAGEnew text end .
The amount received from foreclosure sale under this chapter is full satisfaction of the
mortgage debt, except as provided in section 582.30.
Sec. 6.
Minnesota Statutes 2024, section 580.24, is amended to read:
580.24 REDEMPTION BY CREDITOR.
(a) If no redemption is made by the mortgagor, the mortgagor's personal representatives
or assigns, the most senior creditor having a legal or equitable lien upon the mortgaged
premises, or some part of it, subsequent to the foreclosed mortgage, may redeem within
deleted text begin sevendeleted text end new text begin 14new text end days after the expiration of the redemption period determined under section 580.23
or 582.032, whichever is applicable; and each subsequent creditor having a lien may redeem,
in the order of priority of their respective liens, within deleted text begin sevendeleted text end new text begin 14new text end days after the time allowed
the prior lienholder by paying the amount required under this section. However, no creditor
is entitled to redeem unless, one week or more prior to the expiration of the period allowed
for redemption by the mortgagor, the creditor:
(1) records with each county recorder and registrar of titles where the foreclosed mortgage
is recorded a notice of the creditor's intention to redeem;
(2) records with each county recorder and registrar of titles where the notice of the
creditor's intention to redeem is recorded all documents necessary to create the lien on the
mortgaged premises and to evidence the creditor's ownership of the lien, including a copy
of any money judgment necessary to create the lien; and
(3) after complying with clauses (1) and (2), delivers to the sheriff who conducted the
foreclosure sale or the sheriff's successor in office a copy of each of the documents required
to be recorded under clauses (1) and (2), with the office, date and time of filing for record
stated on the first page of each document.
The sheriff shall maintain for public inspection all documents delivered to the sheriff
and shall note the date of delivery on each document. The sheriff may charge a fee of $100
for the documents delivered to the sheriff relating to each lien. The sheriff shall maintain
copies of documents delivered to the sheriff for a period of six months after the end of the
mortgagor's redemption period.
(b) Saturdays, Sundays, legal holidays, and the first day following the expiration of the
prior redemption period must be included in computing the deleted text begin seven-daydeleted text end new text begin 14-daynew text end redemption
period. When the last day of the period falls on Saturday, Sunday, or a legal holiday, that
day must be omitted from the computation. The order of redemption by judgment creditors
subsequent to the foreclosed mortgage shall be determined by the order in which their
judgments were entered as memorials on the certificate of title for the foreclosed premises
or docketed in the office of the district court administrator if the property is not registered
under chapter 508 or 508A, regardless of the homestead status of the property. All mechanic's
lienholders who have coordinate liens shall have one combined deleted text begin seven-daydeleted text end new text begin 14-daynew text end period
to redeem.
(c) The amount required to redeem from the holder of the sheriff's certificate of sale is
the amount required under section 580.23. The amount required to redeem from a deleted text begin persondeleted text end new text begin
creditornew text end holding a certificate of redemption is:
(1) the amount paid to redeem as shown on the certificate of redemption; plus
(2) interest on that amount to the date of redemptionnew text begin at the rates stated on the certificate
of sale and the affidavit provided by section 580.25, clause (3), or six percent if no rate is
otherwise statednew text end ; plus
(3) the amount claimed due on the deleted text begin person'sdeleted text end new text begin creditor'snew text end lien, as shown on the affidavit
under section 580.25, clause (3).
new text begin (d) If the sheriff determines there is a dispute or question of validity about a redemption,
the sheriff may accept the amount required to redeem, together with documents in support
of the redemption, from one or more creditors competing for or claiming a right to redeem,
without executing and delivering a certificate of redemption, and the sheriff may commence
an action under section 580.28 at no cost to the sheriff. A creditor subject to a dispute or
question of validity about a redemption may submit the matter for adjudication of the court
under section 580.28. If the sheriff does not execute and deliver a certificate of redemption
under this section, all further junior creditor redemption periods are stayed until determined
by the court, and all junior creditors who have recorded notices of intent to redeem should
be included in the action under section 580.28. new text end The amount required to redeem may be paid
to the holder of the sheriff's certificate of sale or the certificate of redemption, as the case
may be, or to the sheriff for the holder.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for redemptions occurring after January
1, 2026.
new text end
Sec. 7.
Minnesota Statutes 2024, section 580.25, is amended to read:
580.25 new text begin CREDITOR new text end REDEMPTION, HOW MADE.
Redemption shall be made as provided in this section.
The deleted text begin persondeleted text end new text begin creditornew text end desiring to redeem shall pay the amount required by law for the
redemption, and shall produce to the person or officer receiving the redemption payment:
(1) a copy of the docket of the judgment, or of the recorded deed or mortgage, or of the
record or files evidencing any other lien under which the deleted text begin persondeleted text end new text begin creditornew text end claims a right to
redeem;
(2) a copy of any recorded assignment necessary to evidence the deleted text begin person'sdeleted text end new text begin creditor'snew text end
ownership of the lien. If the redemption is under an assignment of a judgment, the assignment
shall be filed in the court entering the judgment, as provided by law, and the deleted text begin persondeleted text end new text begin creditornew text end
so redeeming shall produce a copy of it and of the record of its filing, and the copy of the
docket shall show that the proper entry was made upon the docket. No further evidence of
the assignment of the judgment is required unless the mortgaged premises or part of it is
registered property, in which case the judgment and all assignments of the judgment must
be entered as a memorial upon the certificate of title to the mortgaged premises and a copy
of the judgment and each assignment with the certificate of record endorsed on it must be
produced; and
(3) an affidavit of the deleted text begin persondeleted text end new text begin creditornew text end or the deleted text begin person'sdeleted text end new text begin creditor'snew text end agent, deleted text begin showing the amount
then actually claimed due on the person'sdeleted text end new text begin identifying thenew text end lien deleted text begin and required to be paid on the
lien in order to redeem from the persondeleted text end new text begin under which the creditor claims a right to redeem
and stating the amount then actually claimed due and owing on the lien and stating the
interest rate on the liennew text end . Additional fees and charges may be claimed due only as provided
in section 582.03.new text begin The sheriff receiving the affidavit may furnish a copy of the affidavit to
any interested party, upon request.
new text end
If redemption is made to the sheriff, the sheriff may charge a fee of $250 for issuing the
certificate of redemption and any related service. No other fee may be charged by the sheriff
for a redemption.
Within 24 hours after a redemption is made, new text begin or as soon as reasonably possible, new text end the person
redeeming shall cause the documents so required to be produced to be recorded with the
county recorder, or registrar of titles, new text begin or both when appropriate, new text end who may receive fees as
prescribed in section 357.18 or 508.82. If the redemption is made at any place other than
the county seat, it is sufficient forthwith to deposit the documents in the nearest post office,
addressed to the recorder or registrar of titles, with the postage prepaidnew text begin within 24 hours after
redemption is made or as soon as reasonably possiblenew text end . A person recording documents
produced for redemption shall, on the same day, deliver copies of the documents to the
sheriff for public inspection. The sheriff may receive a fee of $20 for the documents delivered
following a redemption. The sheriff shall note the date of delivery on the documents and
shall maintain for public inspection all documents delivered to the sheriff for a period of
six months after the end of the mortgagor's redemption period.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for redemptions occurring after January
1, 2026.
new text end
Sec. 8.
Minnesota Statutes 2024, section 580.26, is amended to read:
580.26 CERTIFICATE OF REDEMPTION; RECORD.
The person or officer from whom such redemption is made shall make and deliver to
the person redeeming a certificate executed and acknowledged in the same manner as a
conveyance, containing:
(1) new text begin if redeemed under section 580.23 or 582.032, new text end the name of the deleted text begin persondeleted text end new text begin mortgagor or
the mortgagor's legal representative or assigneenew text end redeeming,new text begin and if redeemed under section
580.25, the name of the creditor redeeming,new text end and the amount paid deleted text begin by the person on such
redemptiondeleted text end new text begin to redeemnew text end ;
(2) a description of the sale for which such redemption is made, and of the property
redeemed;
(3) a statement of the claim upon which such redemption is made and, if upon a lien,
the amount claimed to be due thereon at the date of redemption.
If redemption is made by the owner of the property sold, the owner's heirs, personal
representatives, or assigns, such certificate shall be recorded within deleted text begin four daysdeleted text end new text begin one weeknew text end
after the expiration of the period allowed by law to the owner for redemption and, if made
by a creditor holding a lien, the certificate shall be recorded within deleted text begin four daysdeleted text end new text begin one weeknew text end after
such redemption. Unless so recorded, the certificate shall be void deleted text begin asdeleted text end new text begin onlynew text end against any person
in good faith redeeming from the same person or lien.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for redemptions occurring after January
1, 2026.
new text end
Sec. 9.
Minnesota Statutes 2024, section 580.28, is amended to read:
580.28 ACTION TO SET ASIDE MORTGAGE; FORECLOSURE; REDEMPTION.
When an action is brought wherein it is claimed that any mortgage as to the plaintiff or
person for whose benefit the action is brought is fraudulent or void, or has been paid or
discharged, in whole or in part, or the relative priority or the validity of liensnew text begin , redemption
rights, or rights to any surplusnew text end is disputed, if such mortgage has been foreclosed by
advertisement, and the time for redemption from the foreclosure sale will expire before final
judgment in such action, the plaintiff or beneficiary having the right to redeem, for the
purpose of saving such right in case the action fails, may deposit with the sheriff before the
time of redemption expires the amount for which the mortgaged premises were sold, with
interest thereon to the time of deposit, together with a deleted text begin bond to the holder of the sheriff's
certificate of sale, in an amount and with sureties to be approved by the sheriff, conditioned
to pay all interest that may accrue or be allowed on such deposit if the action faildeleted text end new text begin separate
deposit with the sheriff of one year's interest on the amount depositednew text end . The person shall, in
writing, notify such sheriff that deleted text begin the person claims the mortgage to be fraudulent or void, or
to have been paid or discharged, in whole or in part, as the case may be, and thatdeleted text end such action
is pending, and direct the sheriff to retain such money deleted text begin and bonddeleted text end until final judgmentnew text begin or
other order of the courtnew text end . deleted text begin In case such action failsdeleted text end new text begin If so ordered by the courtnew text end , such deposit
shall operate as a redemption of the premises from such foreclosure sale, and entitle the
plaintiff to a certificate thereof. Such foreclosure, deposit, deleted text begin bond,deleted text end and notice shall be brought
to the attention of the court by supplemental complaint in the action, and the judgment shall
determine the validity of the foreclosure sale, and the rights of the parties to the moneys
deleted text begin and bonddeleted text end so deposited, which shall be paid and delivered by the sheriff as directed by such
judgment upon delivery to the sheriff of a certified copy thereof. The remedy herein provided
shall be in addition to other remedies now existing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for redemptions occurring after January
1, 2026.
new text end
Sec. 10.
Minnesota Statutes 2024, section 581.02, is amended to read:
581.02 APPLICATION, CERTAIN SECTIONS.
new text begin (a) new text end The provisions of sections 580.08, 580.09, 580.12, 580.22, 580.25, and 580.27, so
far as they relate to the form of the certificate of sale, shall apply to and govern the
foreclosure of mortgages by action.
new text begin
(b) Section 580.07 applies to actions for the foreclosure of mortgages taken under this
chapter.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, for judicial foreclosures
with the lis pendens recorded on or after the effective date.
new text end
Sec. 11.
Minnesota Statutes 2024, section 582.03, subdivision 1, is amended to read:
Subdivision 1.
Allowable costs collectable upon redemption.
The holder of any sheriff's
certificate of sale, from a foreclosure by advertisement or action of a mortgage or lien or
execution, or the holder of any certificate of redemption as a junior creditor during the
period of redemption, may pay and claim the following on redemption: any taxes or
assessments on which any penalty would otherwise accrue, and any costs of a hazard
insurance policy for the holder's interest in the mortgaged premises incurred for the period
of holding the sheriff's certificate, any costs incurred when an order to reduce a mortgagor's
redemption period under section 582.032 is entered, including costs and disbursements
awarded under section 582.032, subdivision 9, any fees paid to the county recorder, registrar
of titles, or sheriff to obtain or record the certificates of sale or redemption or notices of
intention to redeem, any reasonable fees paid to licensed real estate brokers for broker price
opinions or to licensed appraisers for appraisals, any deed tax paid to file a certificate of
redemption, reasonable attorney fees incurred after the foreclosure sale not to exceed one-half
of the amount authorized by section 582.01, any costs incurred under section 582.031, and
any interest or installment of principal upon any prior or superior mortgage, lien, or contract
for deed in default or that becomes due during the period of redemption. In all such cases,
the costs so paid and claimed due, with interestnew text begin from the date of payment at the rate stated
in the certificate of sale or at six percent if no rate is statednew text end , shall be a part of the sum required
to be paid to redeem from such sale. No other costs, fees, interest, or other amount may be
added to the amount necessary to redeem.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for affidavits filed with the sheriff after
January 1, 2026.
new text end
Sec. 12.
Minnesota Statutes 2024, section 582.03, subdivision 2, is amended to read:
Subd. 2.
Affidavit of allowable costs.
Any payments made and claimed due under
subdivision 1 shall be proved by the affidavit of the holder of the sheriff's certificate or its
agent or attorney, itemizing each of the allowable costsnew text begin and the date of paymentnew text end and
describing the premises. The affidavit must be filed with the sheriff of the county in which
the sale was held at any time prior to expiration of the mortgagor's redemption period. Upon
written request by the sheriff, the holder of the sheriff's certificate or certificate of redemption
shall provide an affidavit of allowable costs to the sheriff within seven days of the date of
the request by the sheriff. If the mortgagor does not redeem within seven days after the
affidavit is filed, the holder of the sheriff's certificate may file a supplemental affidavit if
additional allowable costs are incurred during the redemption period. If the holder of the
sheriff's certificate or certificate of redemption fails to respond to the sheriff's request within
seven days, the sheriff may calculate a redemption amount pursuant to section 580.23,
subdivision 1, and issue a certificate of redemption for that amount. If the time allowed to
redeem is less than seven days from the expiration of the redemption period, the sheriff
shall make a reasonable effort to request the affidavit of allowable costs in writing from the
holder of the sheriff's certificate, its agent, or attorney before issuing a certificate of
redemption. If the affidavit of allowable costs is not provided more than one business day
before the expiration of the redemption period, at any time one business day or less before
the expiration of the redemption period, the sheriff may calculate a redemption amount
pursuant to section 580.23, subdivision 1, and issue a certificate of redemption for that
amount. The amount calculated by the sheriff, absent malfeasance by the sheriff, binds the
holder of the sheriff's certificate even if the amount calculated by the sheriff is less than the
actual amount due.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for affidavits filed with the sheriff after
January 1, 2026.
new text end
Sec. 13.
Minnesota Statutes 2024, section 582.043, subdivision 6, is amended to read:
Subd. 6.
Dual tracking.
(a) If the servicer has received a loss mitigation application and
the subject mortgage loan has not already been referred to an attorney for foreclosure, a
servicer shall not refer the subject mortgage loan to an attorney for foreclosure while the
mortgagor's application is pending, unless:
(1) the servicer determines that the mortgagor is not eligible for any loss mitigation
option, the servicer informs the mortgagor of the determination in writing, and the applicable
appeal period has expired without an appeal or the appeal has been properly denied;
(2) where a written offer is made and a written acceptance is required, the mortgagor
fails to accept the loss mitigation offer within the time frame specified in the offer or within
14 days after the date of the offer, whichever is longer; or
(3) the mortgagor declines the loss mitigation offer in writing.
(b) If the servicer receives a loss mitigation application after the subject mortgage loan
has been referred to an attorney for foreclosure, but before a foreclosure sale has been
scheduled, a servicer shall not move for an order of foreclosure, seek a foreclosure judgment,
or conduct a foreclosure sale unless:
(1) the servicer determines that the mortgagor is not eligible for a loss mitigation option,
the servicer informs the mortgagor of this determination in writing, and the applicable appeal
period has expired without an appeal or the appeal has been properly denied;
(2) where a written offer is made and a written acceptance is required, the mortgagor
fails to accept the loss mitigation offer within the time frame specified in the offer or within
14 days after the date of the offer, whichever is longer; or
(3) the mortgagor declines a loss mitigation offer in writing.
(c) If the servicer receives a loss mitigation application after the foreclosure sale has
been scheduled, but before midnight of the seventh business day prior to the foreclosure
sale date, the servicer must halt the foreclosure sale and evaluate the application. If required
to halt the foreclosure sale and evaluate the application, the servicer new text begin may cancel the
foreclosure sale or postpone the foreclosure sale under section 580.07, subdivision 1, but
new text end must not move for an order of foreclosure, seek a foreclosure judgment, or conduct a
foreclosure sale unlessnew text begin 60 days have passed since the occurrence of one of the following,
whichever is applicablenew text end :
(1) the servicer determines that the mortgagor is not eligible for a loss mitigation option,
the servicer informs the mortgagor of this determination in writing, and the applicable appeal
period has expired without an appeal or the appeal has been properly denied;
(2) where a written offer is made and a written acceptance is required, the mortgagor
fails to accept the loss mitigation offer within the time frame specified in the offer or within
14 days after the date of the offer, whichever is longer; or
(3) the mortgagor declines a loss mitigation offer in writing.
(d) A servicer shall not move for an order of foreclosure or conduct a foreclosure sale
under any of the following circumstances:
(1) the mortgagor is in compliance with the terms of a trial or permanent loan
modification, or other loss mitigation option; or
(2) a short sale has been approved by all necessary parties and proof of funds or financing
has been provided to the servicer.
ARTICLE 13
CIVIL LAW
Section 1.
Minnesota Statutes 2024, section 144.223, is amended to read:
144.223 REPORT OF MARRIAGE.
Data relating to new text begin the number of new text end certificates of marriage registered deleted text begin shalldeleted text end new text begin mustnew text end be reported
to the state registrar by the local registrar or designee of the county board in each of the 87
registration districts deleted text begin pursuant to the rules of the commissioner. The information in clause
(1) necessary to compile the report shall be furnished by the applicant prior to the issuance
of the marriage license. The report shall contain the following:deleted text end new text begin in a format and with the
frequency determined by the state registrar.
new text end
deleted text begin
(1) personal information on bride and groom:
deleted text end
deleted text begin
(i) name;
deleted text end
deleted text begin
(ii) residence;
deleted text end
deleted text begin
(iii) date and place of birth;
deleted text end
deleted text begin
(iv) if previously married, how terminated; and
deleted text end
deleted text begin
(v) signature of applicant, date signed, and Social Security number; and
deleted text end
deleted text begin
(2) information concerning the marriage:
deleted text end
deleted text begin
(i) date of marriage;
deleted text end
deleted text begin
(ii) place of marriage; and
deleted text end
deleted text begin
(iii) civil or religious ceremony.
deleted text end
Sec. 2.
Minnesota Statutes 2024, section 260C.419, subdivision 2, is amended to read:
Subd. 2.
Statewide Office of Appellate Counsel and Training; establishment.
(a)
The Statewide Office of Appellate Counsel and Training is deleted text begin established as an independent
state officedeleted text end new text begin created as an agency in the executive branch, with powers and duties established
by lawnew text end . The office shall be responsible for:
(1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
(2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and
(3) collaborating with the Minnesota Department of Children, Youth, and Families to
coordinate and secure federal Title IV-E support for counties and Tribes interested in
accessing federal funding.
(b) The office shall be governed by a board as provided in subdivision 3.
Sec. 3.
Minnesota Statutes 2024, section 260C.419, subdivision 3, is amended to read:
Subd. 3.
State Board of Appellate Counsel and Training; structure; membership.
(a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:
(1) four public members appointed by the governor; and
(2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
(b) The appointing authorities may not appoint any of the following to be a member of
the board:
(1) a person who is a judge;
(2) a person who is a registered lobbyist;
(3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
(4) a person who serves as counsel for children in juvenile court;
(5) a person under contract with or employed by the Department of Children, Youth,
and Families or a county department of human or social services; or
(6) a current city or county attorney or assistant city or county attorney.
(c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Children, Youth, and
Families, to secure and utilize Title IV-E funding. At least one member of the board appointed
by the governor must be a representative from a federally recognized Indian Tribe. No more
than five members of the board may belong to the same political party. At least three
members of the board shall be from judicial districts other than the First, Second, Fourth,
and Tenth Judicial Districts. To the extent practicable, the membership of the board must
include persons with disabilities, reflect the ethnic diversity of the state, take into
consideration race and gender, and include persons from throughout the state. The members
shall be well acquainted with representing parents in district court and appellate proceedings
related to child protection matters as well as the law that affects a parent attorney's work,
including chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil
Appellate Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family
Preservation Act. The terms, compensation, and removal of members shall be as provided
in section 15.0575. Thenew text begin governor shall designate one member to serve as the initial chair.
Upon the expiration of the initial chair's term, boardnew text end members shall elect a chair from among
the membership and the chair shall serve a term of two years.
Sec. 4.
Minnesota Statutes 2024, section 260C.419, subdivision 4, is amended to read:
Subd. 4.
Head appellate counsel for parents; assistant deleted text begin and contracteddeleted text end attorneys;
other employees.
(a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time deleted text begin qualifieddeleted text end attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The deleted text begin compensationdeleted text end new text begin salarynew text end of the head appellate counsel shall be set deleted text begin by the board and shall
be commensurate with county attorneys in the statedeleted text end new text begin according to section 43A.18, subdivision
3new text end .
(b) deleted text begin Consistent with the decisions of the board,deleted text end The head appellate counsel shall employ
deleted text begin assistants or hire independent contractorsdeleted text end new text begin or appoint attorneysnew text end to serve as new text begin assistant new text end appellate
counsel for parents. Each assistant appellate counsel deleted text begin and independent contractordeleted text end serves at
the pleasure of the head appellate counsel. The deleted text begin compensation ofdeleted text end new text begin salary ranges for new text end assistant
appellate counsel deleted text begin and independent contractorsdeleted text end shall be set deleted text begin by the board and shall be
commensurate with county attorneys in the statedeleted text end new text begin in consultation with Minnesota Management
and Budgetnew text end .
(c) A person serving as appellate counsel shall be deleted text begin a qualifieddeleted text end new text begin annew text end attorney licensed to
practice law in this state. A person serving as appellate counsel practicing in Tribal court
shall be a licensed attorney qualified to practice law in Tribal courts in the state. Assistant
appellate counsel and contracted appellate counsel may engage in the general practice of
law where not employed or contracted to provide services on a full-time basis.
(d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:
(1) one managing appellate attorney;
(2) two staff attorneys;
(3) one director of training;
(4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Children, Youth, and Families; and
(5) one office administrator.
(e) deleted text begin Each employeedeleted text end new text begin All attorneysnew text end identified in paragraph (d) deleted text begin servesdeleted text end new text begin servenew text end at the pleasure
of the head appellate counsel. deleted text begin Thedeleted text end new text begin Other employees shall serve in the classified service.
new text end Compensation deleted text begin of each employeedeleted text end new text begin for all employeesnew text end shall be set by the board deleted text begin and shall be
commensurate with county attorneys in the state.deleted text end new text begin in accordance with the collective bargaining
agreements or compensation plans covering the terms and conditions for executive branch
employees.
new text end
(f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.
(g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.
Sec. 5.
new text begin
[325E.91] PROHIBITION ON NUDIFICATION TECHNOLOGY.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Intimate part" has the meaning given in section 609.341, subdivision 5.
new text end
new text begin
(c) "Nudify" or "nudified" means the process by which:
new text end
new text begin
(1) an image or video is altered or generated to depict an intimate part not depicted in
an original unaltered image or video of an identifiable individual; and
new text end
new text begin
(2) the altered or generated image or video is so realistic that a reasonable person would
believe that the intimate part belongs to the identifiable individual.
new text end
new text begin Subd. 2. new text end
new text begin Nudification prohibited. new text end
new text begin
A person who owns or controls a website, application,
software, program, or other service that creates, generates, or edits images or videos must
not:
new text end
new text begin
(1) allow a user to access, download, or use the website, application, software, program,
or other service to nudify an image or video; or
new text end
new text begin
(2) nudify an image on behalf of a user.
new text end
new text begin Subd. 3. new text end
new text begin Civil action; damages. new text end
new text begin
An individual depicted in an image or video that was
nudified in violation of this section may bring a civil action in district court against the
person who violated this section for:
new text end
new text begin
(1) compensatory damages, including mental anguish or suffering, in an amount up to
three times the actual damages sustained;
new text end
new text begin
(2) punitive damages;
new text end
new text begin
(3) injunctive relief;
new text end
new text begin
(4) reasonable attorney fees, costs, and disbursements; and
new text end
new text begin
(5) other relief the court deems just and equitable.
new text end
new text begin Subd. 4. new text end
new text begin Penalties. new text end
new text begin
(a) The attorney general may enforce this section under section 8.31.
In addition to other remedies or penalties, a person who violates this section is subject to a
civil penalty not in excess of $500,000 for each unlawful access, download, or use under
subdivision 2.
new text end
new text begin
(b) Notwithstanding any contrary provision in law, including but not limited to section
16A.151, any civil penalty recovered under this subdivision must be deposited into the
general fund. On July 1 of each year, the accumulated balance of civil penalties collected
in the previous year is appropriated to the commissioner of public safety for the Office of
Justice Programs to provide grants to organizations to provide direct services and advocacy
for victims of sexual assault, general crime, domestic violence, and child abuse. Funding
must support the direct needs of organizations serving victims of crime by providing: direct
client assistance to crime victims; competitive wages for direct service staff; hotel stays and
other housing-related supports and services; culturally responsive programming; prevention
programming, including domestic abuse transformation and restorative justice programming;
and for other needs of organizations and crime victim survivors. Services funded must
include services for victims of crime in underserved communities most impacted by violence
and reflect the ethnic, racial, economic, cultural, and geographic diversity of the state. Up
to five percent of the appropriation is available for grant administration.
new text end
new text begin Subd. 5. new text end
new text begin Jurisdiction; venue. new text end
new text begin
(a) A court has jurisdiction over a civil action filed pursuant
to this section if the plaintiff or defendant resides in this state.
new text end
new text begin
(b) A civil action arising under this section may be filed in the county where the plaintiff
resides.
new text end
new text begin Subd. 6. new text end
new text begin Immunity. new text end
new text begin
This section does not alter or amend the liabilities and protections
granted by United States Code, title 47, section 230, and shall be construed in a manner
consistent with federal law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to causes
of action accruing on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2024, section 504B.385, subdivision 1, is amended to read:
Subdivision 1.
Escrow of rent.
(a) If a violation exists in a residential building, a
residential tenant may deposit the amount of rent due to the landlord with the court
administrator using the procedures described in paragraphs (b) to (d).
(b) For a violation as defined in section 504B.001, subdivision 14, clause (1), the
residential tenant may deposit with the court administrator the rent due to the landlord along
with a copy of the written notice of the code violation as provided in section 504B.185,
subdivision 2. The residential tenant may not deposit the rent or file the written notice of
the code violation until the time granted to make repairs has expired without satisfactory
repairs being made, unless the residential tenant alleges that the time granted is excessive.
(c) For a violation as defined in section 504B.001, subdivision 14, clause (2) deleted text begin ordeleted text end new text begin ,new text end (3), new text begin (4),
or (5), new text end the residential tenant must give written notice to the landlord specifying the violation.
The notice must be delivered personally or sent to the person or place where rent is normally
paid. If the violation is not corrected within 14 days, the residential tenant may deposit the
amount of rent due to the landlord with the court administrator along with an affidavit
specifying the violation. The court must provide a simplified form affidavit for use under
this paragraph.
(d) The residential tenant need not deposit rent if none is due to the landlord at the time
the residential tenant files the notice required by paragraph (b) or (c). All rent which becomes
due to the landlord after that time but before the hearing under subdivision 6 must be
deposited with the court administrator. As long as proceedings are pending under this section,
the residential tenant must pay rent to the landlord or as directed by the court and may not
withhold rent to remedy a violation.
Sec. 7.
Minnesota Statutes 2024, section 504B.395, subdivision 4, is amended to read:
Subd. 4.
Landlord must be informed.
A landlord must be informed in writing of an
alleged violation at least 14 days before an action is brought by:
(1) a residential tenant of a residential building in which a violation as defined in section
504B.001, subdivision 14, clause (2) deleted text begin ordeleted text end new text begin ,new text end (3), new text begin (4), or (5), new text end is alleged to exist; or
(2) a housing-related neighborhood organization, with the written permission of a
residential tenant of a residential building in which a violation, as defined in section
504B.001, subdivision 14, clause (2), new text begin (3), (4), or (5), new text end is alleged to exist. The notice
requirement may be waived if the court finds that the landlord cannot be located despite
diligent efforts.
Sec. 8.
Minnesota Statutes 2024, section 517.04, is amended to read:
517.04 PERSONS AUTHORIZED TO PERFORM CIVIL MARRIAGES.
Civil marriages may be solemnized throughout the state by an individual who has attained
the age of 21 years and deleted text begin is a judge of a court of record, a retired judge of a court of record,
a court administrator, a retired court administrator with the approval of the chief judge of
the judicial district, a former court commissioner who is employed by the court system or
is acting pursuant to an order of the chief judge of the commissioner's judicial district, the
residential school superintendent of the Minnesota State Academy for the Deaf and the
Minnesota State Academy for the Blind, a licensed or ordained minister of any religious
denomination, an individualdeleted text end who registers as a civil marriage officiant with a local registrar
in a county of this statedeleted text begin , or by any mode recognized in section 517.18. For purposes of this
section, a court of record includes the Office of Administrative Hearings under section
14.48deleted text end .new text begin The county where the civil marriage officiant is registered must be endorsed upon
and recorded with each certificate of civil marriage.
new text end
Sec. 9.
Minnesota Statutes 2024, section 517.08, subdivision 1a, is amended to read:
Subd. 1a.
Form.
Application for a civil marriage license shall be made by both of the
parties upon a form provided for the purpose and shall contain the following information:
(1) the full names of the parties deleted text begin and the sex of each partydeleted text end ;
(2) their post office addresses and county and state of residence;
(3) their full agesnew text begin and dates of birthnew text end ;
(4) if either party has previously been married, the party's married namedeleted text begin , anddeleted text end new text begin from the
most recent marriage;new text end the date, placenew text begin ,new text end and court in which the civil marriage was dissolved
or annullednew text begin ;new text end or the date and place of death of the former spouse;
(5) whether the parties are related to each other, and, if so, their relationship;
(6) the address of the parties after the civil marriage is entered into to which the local
registrar shall send a certified copy of the civil marriage certificate;
(7) the full names the parties will have after the civil marriage is entered into and the
parties' Social Security numbers. The Social Security numbers must be collected for the
application but must not appear on the civil marriage license. If a party listed on a civil
marriage application does not have a Social Security number, the party must certify on the
application, or a supplement to the application, that the party does not have a Social Security
number;
(8) if one party to the civil marriage license has a felony conviction under Minnesota
law or the law of another state or federal jurisdiction, the party may not change the party's
name through the marriage application process and must follow the process in section 259.13
to change the party's name; and
(9) notice that a party who has a felony conviction under Minnesota law or the law of
another state or federal jurisdiction may not use a different name after a civil marriage
except as authorized by section 259.13, and that doing so is a gross misdemeanor.
Sec. 10.
Minnesota Statutes 2024, section 517.08, subdivision 1b, is amended to read:
Subd. 1b.
Term of license; fee; premarital education.
(a) The local registrar shall
examine upon oath the parties applying for a license relative to the legality of the
contemplated civil marriage.new text begin The local registrar may examine the parties upon oath in person,
by telephone, remotely using web conferencing technology, or by requiring a verified
statement signed by both parties attesting to the legality of the marriage. The local registrar
may accept civil marriage license applications signed by both parties that are submitted by
mail, facsimile, or electronic filing.new text end Both parties must present proof of age to the local
registrar. If one party is unable to appear in person, the party appearing may complete the
absent applicant's information. The local registrar shall provide a copy of the civil marriage
application to the party who is unable to appear, who must verify the accuracy of the
appearing party's information in a notarized statement. The verification statement must be
accompanied by a copy of proof of age of the party. The civil marriage license must not be
released until the verification statement and proof of age has been received by the local
registrar. If the local registrar is satisfied that there is no legal impediment to it, including
the restriction contained in section 259.13, the local registrar shall issue the license,
containing the full names of the parties before and after the civil marriage, and county and
state of residence, with the county seal attached, and make a record of the date of issuance.
The license shall be valid for a period of six months. Except as provided in paragraph (b),
The local registrar shall collect from the applicant a fee of $115 for administering the oath,
issuing, recording, and filing all papers required, and preparing and transmitting to the state
registrar of vital records the reports of civil marriage required by this section. If the license
should not be used within the period of six months due to illness or other extenuating
circumstances, it may be surrendered to the local registrar for cancellation, and in that case
a new license shall issue upon request of the parties of the original license without fee. A
local registrar who knowingly issues or signs a civil marriage license in any manner other
than as provided in this section shall pay to the parties aggrieved an amount not to exceed
$1,000.
(b) The civil marriage license fee for parties who have completed at least 12 hours of
premarital education is $40. In order to qualify for the reduced license fee, the parties must
submit at the time of applying for the civil marriage license a statement that is signed, dated,
and notarized or marked with a church seal from the person who provided the premarital
education on their letterhead confirming that it was received. The premarital education must
be provided by a licensed or ordained minister or the minister's designee, a person authorized
to solemnize civil marriages under section 517.18, or a person authorized to practice marriage
and family therapy under section 148B.33. The education must include the use of a premarital
inventory and the teaching of communication and conflict management skills.
(c) The statement from the person who provided the premarital education under paragraph
(b) must be in the following form:
"I, .......................... (name of educator), confirm that .......................... (names of both
parties) received at least 12 hours of premarital education that included the use of a premarital
inventory and the teaching of communication and conflict management skills. I am a licensed
or ordained minister, a person authorized to solemnize civil marriages under Minnesota
Statutes, section 517.18, or a person licensed to practice marriage and family therapy under
Minnesota Statutes, section 148B.33."
The names of the parties in the educator's statement must be identical to the legal names
of the parties as they appear in the civil marriage license application. Notwithstanding
section 138.17, the educator's statement must be retained for seven years, after which time
it may be destroyed.
Sec. 11.
Minnesota Statutes 2024, section 517.09, subdivision 1, is amended to read:
Subdivision 1.
General.
deleted text begin No particular form is required to solemnize a civil marriage,
except: the partiesdeleted text end new text begin Both applicantsnew text end shall declare in the presence of a person new text begin who is not the
same individual as the applicant or the witness, new text end authorized to solemnize civil marriages and
two attending witnesses that each takes the other as spousedeleted text begin ; or the civil marriage shall be
solemnized in a manner provided by section 517.18deleted text end .
Sec. 12.
Minnesota Statutes 2024, section 517.10, is amended to read:
517.10 CERTIFICATE; WITNESSES.
The person solemnizing a civil marriage shall deleted text begin preparedeleted text end new text begin completenew text end and sign a new text begin marriage
new text end certificatenew text begin provided by the local registrarnew text end . The certificate shall contain the full names of the
parties before and after the civil marriage, the birth dates of the parties, and county and state
of residences of the parties and the date and place of the civil marriage. The certificate shall
also contain the signatures of new text begin the applicants' legal names after marriage and new text end at least two of
the witnesses present at the civil marriage who shall be at least 16 years of age. The person
solemnizing the civil marriage shall immediately make a record of such civil marriage, and
file such certificate with the local registrar of the county in which the license was issued
within five days after the ceremony. The local registrar shall record such certificate in the
county civil marriage records.
Sec. 13.
new text begin
[517.103] AMENDMENT OF MARRIAGE RECORDS.
new text end
new text begin
(a) To request an amendment of an error in a marriage record, a person must submit the
following documentation to the local registrar:
new text end
new text begin
(1) an affidavit stating the reason for an amendment of the marriage record; and
new text end
new text begin
(2) documentation supporting the amendment.
new text end
new text begin
(b) A local registrar may amend a marriage record if the local registrar:
new text end
new text begin
(1) receives an affidavit and documentation supporting the amendment of a marriage
record; and
new text end
new text begin
(2) the local registrar determines that the affidavit and supporting documentation establish
that the marriage record contains an error.
new text end
new text begin
(c) The local registrar must retain and maintain an affidavit and documentation upon
which the amendment of a marriage record was based, including the date of the amendment
and the legal name of the authorized person making the amendment.
new text end
new text begin
(d) The local registrar must not amend a marriage record if:
new text end
new text begin
(1) an applicant fails to submit the documentation required for amending a marriage
record; or
new text end
new text begin
(2) the local registrar has reason to question the validity or completeness of the applicant's
affidavit or supporting documentation.
new text end
Sec. 14.
Minnesota Statutes 2024, section 524.5-120, is amended to read:
524.5-120 BILL OF RIGHTS FOR PERSONS SUBJECT TO GUARDIANSHIP
OR CONSERVATORSHIP.
The person subject to guardianship or person subject to conservatorship retains all rights
not restricted by court order and these rights must be enforced by the court. These rights
include the right to:
(1) treatment with dignity and respect;
(2) due consideration of current and previously stated personal desires and preferences,
including but not limited to medical treatment preferences, cultural practices, religious
beliefs, and other preferences and opinions in decisions made by the guardian or conservator;
(3) participate in decision making about and receive timely and appropriate health care
and medical treatment that does not violate known preferences or conscientious, religious,
or moral beliefs of the person subject to guardianship or person subject to conservatorship;
(4) exercise control of all aspects of life unless delegated specifically to the guardian or
conservator by court order;
(5) guardianship or conservatorship services individually suited to the conditions and
needs of the person subject to guardianship or the person subject to conservatorship;
(6) petition the court to prevent or initiate a change in abode;
(7) care, comfort, social and recreational needs, employment and employment supports,
training, education, habilitation, and rehabilitation care and services, within available
resources;
(8) be consulted concerning, and to decide to the extent possible, the reasonable care
and disposition of the clothing, furniture, vehicles, and other personal property and effects
of the person subject to guardianship or person subject to conservatorship, to object to the
disposition of personal property and effects, and to petition the court for a review of the
guardian's or conservator's proposed disposition;
(9) personal privacy;
(10) communicate, visit, or interact with others, including receiving visitors deleted text begin ordeleted text end new text begin ,new text end making
or receiving telephone calls, new text begin sending or receiving new text end personal mail, deleted text begin ordeleted text end new text begin sending or receiving
new text end electronic communications including through social media, or participating in social activities,
unless the guardian has good cause to believe new text begin a new text end restriction new text begin of communication, visitation, or
interaction new text end is necessary because interaction with the person poses a new text begin substantialnew text end risk of
significant physical, psychological, or financial harm to the person subject to guardianship,
and there is no other means to avoid new text begin or mitigate new text end the significant harm. new text begin If the guardian believes
a restriction is necessary, the guardian must first seek limited restrictions whenever possible,
including supervised visits, phone calls, video calls, written correspondence, or limits on
the length, frequency, or content of communication.new text end In all cases, the guardian shall provide
written notice of the restrictions imposed to the courtdeleted text begin ,deleted text end new text begin ;new text end to the person subject to guardianshipdeleted text begin ,deleted text end
new text begin and their attorney, if known;new text end and to the person subject to restrictions new text begin within 48 hours of
imposing the restriction. The notice shall include a description of the reason the restriction
is imposed; a description of any limited restrictions attempted; if applicable, the reason the
limited restrictions were not sufficient; and instructions on how to seek a modification of
the restrictionsnew text end . The person subject to guardianship or the person subject to restrictions may
petition the court to remove or modify the restrictions;
(11) marry and procreate, unless court approval is required;
(12) elect or object to sterilization as provided in section 524.5-313, paragraph (c), clause
(4), item (iv);
(13) at any time, petition the court for termination or modification of the guardianship
or conservatorship, and any decisions made by the guardian or conservator in relation to
powers granted, or for other appropriate relief;
(14) be represented by an attorney in any proceeding or for the purpose of petitioning
the court;
(15) vote, unless restricted by the court;
(16) be consulted concerning, and make decisions to the extent possible, about personal
image and name, unless restricted by the court; and
(17) execute a health care directive, including both health care instructions and the
appointment of a health care agent, if the court has not granted a guardian any of the powers
or duties under section 524.5-313, paragraph (c), clause (1), (2), or (4).
Sec. 15.
Minnesota Statutes 2024, section 524.5-311, is amended to read:
524.5-311 EMERGENCY GUARDIAN.
(a) If the court finds that compliance with the procedures of this article will likely result
in substantial harm to the respondent's health, safety, or welfare, and that no other person
appears to have authority and willingness to act in the circumstances, the court, on petition
by a person interested in the respondent's welfare, may appoint an emergency guardian
whose authority may not exceed 60 days and who may exercise only the powers specified
in the order. A county that is acting under section 626.557, subdivision 10, by petitioning
for appointment of an emergency guardian on behalf of a vulnerable adult may be granted
authority to act for a period not to exceed 90 days. An emergency guardian's appointment
under this section may only be extended once for a period not to exceed 60 days if the court
finds good cause for the continuation of the guardianship. Immediately upon receipt of the
petition for an emergency guardianship, the court shall appoint a lawyer to represent the
respondent in the proceeding. Except as otherwise provided in paragraph (b), reasonable
notice of the time and place of a hearing on the petition must be given to the respondentnew text begin ;
interested parties, if known;new text end and any other persons as the court directs.
(b) An emergency guardian may be appointed without notice to the respondent and the
respondent's lawyer only if the court finds from affidavit or other sworn testimony that the
respondent will be substantially harmed before a hearing on the appointment can be held
new text begin and the petitioner made good faith efforts to provide notice to the respondent or the
respondent's lawyernew text end . If the court appoints an emergency guardian without notice to the
respondent, the respondent must be given notice of the appointment within 48 hours after
the appointment. The court shall hold a hearing on the appropriateness of the appointment
within five days after the appointment.
(c) Appointment of an emergency guardian, with or without notice, is not a determination
of the respondent's incapacity.
(d) The court may remove an emergency guardian at any time. An emergency guardian
shall make any report the court requires. In other respects, the provisions of this article
concerning guardians apply to an emergency guardian.
(e) Any documents or information disclosing or pertaining to health or financial
information shall be filed as confidential documents, consistent with the bill of particulars
under section 524.5-121.
new text begin
(f) The mere fact that the respondent is a patient in a hospital or a resident of a facility
is not in and of itself sufficient evidence to support a risk of substantial harm to the
respondent's health, safety, or welfare.
new text end
Sec. 16.
Minnesota Statutes 2024, section 524.5-313, is amended to read:
524.5-313 POWERS AND DUTIES OF GUARDIAN.
(a) A guardian shall be subject to the control and direction of the court at all times and
in all things.
(b) The court shall grant to a guardian only those powers necessary to provide for the
demonstrated needs of the person subject to guardianship.
(c) The court may appoint a guardian if it determines that all the powers and duties listed
in this section are needed to provide for the needs of the incapacitated person. The court
may also appoint a guardian if it determines that a guardian is needed to provide for the
needs of the incapacitated person through the exercise of some, but not all, of the powers
and duties listed in this section. The duties and powers of a guardian or those which the
court may grant to a guardian include, but are not limited to:
(1) the power to have custody of the person subject to guardianship and the power to
establish a place of abode within or outside the state, except as otherwise provided in this
clause. The person subject to guardianship or any interested person may petition the court
to prevent or to initiate a change in abode. A person subject to guardianship may not be
admitted to a regional treatment center by the guardian except:
(i) after a hearing under chapter 253B;
(ii) for outpatient services; or
(iii) for the purpose of receiving temporary care for a specific period of time not to
exceed 90 days in any calendar year;
(2) the duty to provide for the care, comfort, and maintenance needs of the person subject
to guardianship, including food, clothing, shelter, health care, social and recreational
requirements, and, whenever appropriate, training, education, and habilitation or
rehabilitation. The guardian has no duty to pay for these requirements out of personal funds.
Whenever possible and appropriate, the guardian should meet these requirements through
governmental benefits or services to which the person subject to guardianship is entitled,
rather than from the estate of the person subject to guardianship;
(3) the duty to take reasonable care of the clothing, furniture, vehicles, and other personal
effects of the person subject to guardianship, and, if other property requires protection, the
power to seek appointment of a conservator of the estate. The guardian must give notice by
mail to interested persons prior to the disposition of the clothing, furniture, vehicles, or
other personal effects of the person subject to guardianship. The notice must inform the
person of the right to object to the disposition of the property within ten days of the date of
mailing and to petition the court for a review of the guardian's proposed actions. Notice of
the objection must be served by mail or personal service on the guardian and the person
subject to guardianship unless the person subject to guardianship is the objector. The guardian
served with notice of an objection to the disposition of the property may not dispose of the
property unless the court approves the disposition after a hearing;
(4)(i) the power to give any necessary consent to enable the person subject to guardianship
to receive necessary medical or other professional care, counsel, treatment, or service, except
that no guardian may give consent for psychosurgery, electroshock, sterilization, or
experimental treatment of any kind unless the procedure is first approved by order of the
court as provided in this clause. The guardian shall not consent to any medical care for the
person subject to guardianship which violates the known conscientious, religious, or moral
belief of the person subject to guardianship;
(ii) a guardian who believes a procedure described in item (i) requiring prior court
approval to be necessary for the proper care of the person subject to guardianship, shall
petition the court for an order and, in the case of a public guardianship under chapter 252A,
obtain the written recommendation of the commissioner of human services. The court shall
fix the time and place for the hearing and shall give notice to the person subject to
guardianship in such manner as specified in section 524.5-308 and to interested persons.
The court shall appoint an attorney to represent the person subject to guardianship who is
not represented by counsel, provided that such appointment shall expire upon the expiration
of the appeal time for the order issued by the court under this section or the order dismissing
a petition, or upon such other time or event as the court may direct. In every case the court
shall determine if the procedure is in the best interest of the person subject to guardianship.
In making its determination, the court shall consider a written medical report which
specifically considers the medical risks of the procedure, whether alternative, less restrictive
methods of treatment could be used to protect the best interest of the person subject to
guardianship, and any recommendation of the commissioner of human services for a public
person subject to guardianship. The standard of proof is that of clear and convincing evidence;
(iii) in the case of a petition for sterilization of a person with developmental disabilities
subject to guardianship, the court shall appoint a licensed physician, a psychologist who is
qualified in the diagnosis and treatment of developmental disability, and a social worker
who is familiar with the social history and adjustment of the person subject to guardianship
or the case manager for the person subject to guardianship to examine or evaluate the person
subject to guardianship and to provide written reports to the court. The reports shall indicate
why sterilization is being proposed, whether sterilization is necessary and is the least intrusive
method for alleviating the problem presented, and whether it is in the best interest of the
person subject to guardianship. The medical report shall specifically consider the medical
risks of sterilization, the consequences of not performing the sterilization, and whether
alternative methods of contraception could be used to protect the best interest of the person
subject to guardianship;
(iv) any person subject to guardianship whose right to consent to a sterilization has not
been restricted under this section or section 252A.101 may be sterilized only if the person
subject to guardianship consents in writing or there is a sworn acknowledgment by an
interested person of a nonwritten consent by the person subject to guardianship. The consent
must certify that the person subject to guardianship has received a full explanation from a
physician or registered nurse of the nature and irreversible consequences of the sterilization;
(v) a guardian or the public guardian's designee who acts within the scope of authority
conferred by letters of guardianship under section 252A.101, subdivision 7, and according
to the standards established in this chapter or in chapter 252A shall not be civilly or criminally
liable for the provision of any necessary medical care, including, but not limited to, the
administration of psychotropic medication or the implementation of aversive and deprivation
procedures to which the guardian or the public guardian's designee has consented;
(5) in the event there is no duly appointed conservator of the estate of the person subject
to guardianship, the guardian shall have the power to approve or withhold approval of any
contract, except for necessities, which the person subject to guardianship may make or wish
to make;
(6) the duty and power to exercise supervisory authority over the person subject to
guardianship in a manner which limits civil rights and restricts personal freedom only to
the extent necessary to provide needed care and services. A guardian may not restrict the
deleted text begin abilitydeleted text end new text begin rightnew text end of the person subject to guardianship to communicate, visit, or interact with
others new text begin pursuant to section 524.5-120, clause (10)new text end , including receiving visitors deleted text begin ordeleted text end new text begin ,new text end making
or receiving telephone calls, new text begin sending or receiving new text end personal mail, deleted text begin ordeleted text end new text begin sending or receivingnew text end
electronic communications including through social media, or participating in social activities,
unless the guardian has good cause to believe new text begin a new text end restriction new text begin of communication, visitation, or
interaction new text end is necessary because interaction with the person poses a new text begin substantialnew text end risk of
significant physical, psychological, or financial harm to the person subject to guardianship,
and there is no other means to avoid new text begin or mitigatenew text end such significant harm. new text begin If the guardian
believes a restriction is necessary, the guardian must first seek limited restrictions whenever
possible, including supervised visits, phone calls, video calls, written correspondence, or
limits on the length, frequency, or content of communication.new text end In all cases, the guardian shall
provide written notice of the restrictions imposed to the courtdeleted text begin ,deleted text end new text begin ;new text end to the person subject to
guardianshipdeleted text begin ,deleted text end new text begin and their attorney, if known;new text end and to the person subject to restrictions new text begin within
48 hours of imposing the restriction. The notice shall include a description of the reason
the restriction is imposed; a description of any limited restrictions attempted; if applicable,
the reason the limited restrictions were not sufficient; and instructions on how to seek a
modification of the restrictionsnew text end . The person subject to guardianship or the person subject
to restrictions may petition the court to remove or modify the restrictions;
(7) if there is no acting conservator of the estate for the person subject to guardianship,
the guardian has the power to apply on behalf of the person subject to guardianship for any
assistance, services, or benefits available to the person subject to guardianship through any
unit of government;
(8) unless otherwise ordered by the court, the person subject to guardianship retains the
right to vote;
(9) the power to establish an ABLE account for a person subject to guardianship or
conservatorship. By this provision a guardian only has the authority to establish an ABLE
account, but may not administer the ABLE account in the guardian's capacity as guardian.
The guardian may appoint or name a person to exercise signature authority over an ABLE
account, including the individual selected by the eligible individual or the eligible individual's
agent under a power of attorney; conservator; spouse; parent; sibling; grandparent; or
representative payee, whether an individual or organization, appointed by the SSA, in that
order; and
(10) if there is no conservator appointed for the person subject to guardianship, the
guardian has the duty and power to institute suit on behalf of the person subject to
guardianship and represent the person subject to guardianship in expungement proceedings,
harassment proceedings, and all civil court proceedings, including but not limited to
restraining orders, orders for protection, name changes, conciliation court, housing court,
family court, probate court, and juvenile court, provided that a guardian may not settle or
compromise any claim or debt owed to the estate without court approval.
Sec. 17.
new text begin
[604.33] CAUSE OF ACTION; NONCONSENSUAL REMOVAL OF A
SEXUALLY PROTECTIVE DEVICE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Intimate part" means the sexual organ, anus, groin, or buttocks of any person, or
the breast of a female.
new text end
new text begin
(c) "Sexually protective device" means an internal or external condom, spermicide,
diaphragm, cervical cap, contraceptive sponge, dental dam, or any other physical barrier
device intended to prevent pregnancy or sexually transmitted infection. Sexually protective
device does not include an intrauterine device or any hormonal birth control method.
new text end
new text begin Subd. 2. new text end
new text begin Cause of action. new text end
new text begin
A cause of action for nonconsensual removal of a sexually
protective device exists against the following:
new text end
new text begin
(1) a person who intentionally removed a sexually protective device and caused contact
between the sexual organ from which the sexually protective device was removed and the
intimate part of another person who did not consent to the removal of the sexually protective
device; or
new text end
new text begin
(2) a person who intentionally removed a sexually protective device from another person's
sexual organ without the other person's consent and caused contact between the sexual organ
from which the sexually protective device was removed and their own intimate part.
new text end
new text begin Subd. 3. new text end
new text begin Damages. new text end
new text begin
The court may award the following damages to a prevailing plaintiff
from a person found liable under subdivision 2:
new text end
new text begin
(1) general and special damages, including damages for mental anguish;
new text end
new text begin
(2) punitive damages;
new text end
new text begin
(3) statutory damages in an amount up to $10,000;
new text end
new text begin
(4) injunctive relief and any other equitable relief the court deems just and appropriate;
and
new text end
new text begin
(5) costs, disbursements, and reasonable attorney fees.
new text end
new text begin Subd. 4. new text end
new text begin Confidentiality. new text end
new text begin
The court shall allow confidential filings to protect the privacy
of the plaintiff in cases filed under this section.
new text end
new text begin Subd. 5. new text end
new text begin Other laws and remedies. new text end
new text begin
(a) The rights and remedies provided in this section
are in addition to any other rights and remedies provided by law.
new text end
new text begin
(b) Nothing in this section affects or modifies the rights and obligations under chapter
518A.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2025, and applies to causes
of action accruing on or after that date.
new text end
Sec. 18.
new text begin
[626.5574] ORDER FOR PROTECTION AGAINST FINANCIAL
EXPLOITATION OF A VULNERABLE ADULT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For the purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Conservator" has the meaning given in section 524.5-102, subdivision 3.
new text end
new text begin
(c) "Financial exploitation" has the meaning given in section 626.5572, subdivision 9.
new text end
new text begin
(d) "Guardian" has the meaning given in section 524.5-102, subdivision 5.
new text end
new text begin
(e) "Lead investigative agency" has the meaning given in section 626.5572, subdivision
13.
new text end
new text begin
(f) "Petitioner" means any of the following:
new text end
new text begin
(1) a vulnerable adult currently experiencing or in imminent danger of financial
exploitation;
new text end
new text begin
(2) the guardian or conservator of a vulnerable adult currently experiencing or in imminent
danger of financial exploitation;
new text end
new text begin
(3) a person or organization acting on behalf of the vulnerable adult with the consent of
the vulnerable adult or his or her guardian or conservator;
new text end
new text begin
(4) an agent under a validly executed power of attorney with the authority specifically
granted in the power of attorney; or
new text end
new text begin
(5) a person who simultaneously files a petition under section 524.5-409, subdivision
2, for appointment of an emergency conservator with respect to the vulnerable adult.
new text end
new text begin
(g) "Vulnerable adult" has the meaning given in section 626.5572, subdivision 21.
new text end
new text begin Subd. 2. new text end
new text begin Jurisdiction; petition. new text end
new text begin
(a) A petitioner may petition the court for an order for
protection against financial exploitation of a vulnerable adult seeking injunctive relief and
any other equitable remedy the court deems appropriate with the court located in the county
where the petitioner, respondent, or the vulnerable adult resides. There are no residency
requirements that apply to a petition filed under this section. Actions under this section shall
be given docket priorities by the court.
new text end
new text begin
(b) A petition for relief under this section must:
new text end
new text begin
(1) allege the existence of financial exploitation, or the imminent danger of financial
exploitation, of the vulnerable adult;
new text end
new text begin
(2) include the specific facts and circumstances for which relief is sought, including the
relationship between the vulnerable adult and respondent;
new text end
new text begin
(3) state whether the vulnerable adult has ever applied for or received an order for
protection under this section or section 518B.01, or a restraining order under section 609.748;
and
new text end
new text begin
(4) state whether there are any pending actions between the vulnerable adult and the
respondent.
new text end
new text begin
(c) A person temporarily or permanently vacating a residence or household in an attempt
to avoid financial exploitation does not affect the person's right to petition for an order under
this section.
new text end
new text begin
(d) The court shall provide simplified forms and clerical assistance to help with the
writing and filing of a petition under this section.
new text end
new text begin Subd. 3. new text end
new text begin Filing fee. new text end
new text begin
The filing fees for an order for protection against financial
exploitation for a vulnerable adult under this section are waived for the petitioner and
respondent.
new text end
new text begin Subd. 4. new text end
new text begin Hearing. new text end
new text begin
Upon receipt of the petition, the court shall order a hearing which
shall be held no later than 14 days from the date of the order for the hearing unless a
temporary ex parte order is issued under subdivision 8. If the court issues a temporary ex
parte order, the hearing must be held as provided under subdivision 8.
new text end
new text begin Subd. 5. new text end
new text begin Service. new text end
new text begin
(a) Except as provided in paragraph (b), the petition and any order
issued under this section must be served on the respondent as provided in section 518B.01,
subdivisions 8, 8a, and 9a. If the petitioner is not the vulnerable adult, the petitioner must
serve the vulnerable adult with a copy of the petition, notice of any hearing, and any orders
issued under this section. If any assets or lines of credit are ordered to be frozen, the petitioner
must serve the depository or financial institution with the order.
new text end
new text begin
(b) If service on the respondent is not possible as provided in paragraph (a), the petitioner
may serve the respondent through the method used to contact the vulnerable adult. The
petitioner must provide to the court the reasons that service was not possible under section
518B.01, subdivision 8, 8a, or 9a.
new text end
new text begin Subd. 6. new text end
new text begin Maltreatment report required. new text end
new text begin
Unless a report was made before a petition
was filed under this section, the petitioner must file a report pursuant to section 626.557
within 24 hours of filing a petition under this section. This section does not modify or
supersede mandated reporting requirements under section 626.557.
new text end
new text begin Subd. 7. new text end
new text begin Factors. new text end
new text begin
In determining whether to award relief to the petitioner, the court may
consider and evaluate all relevant factors, including any of the following:
new text end
new text begin
(1) the existence of a current or previous order for protection issued under this section
or section 518B.01, a current or previous harassment restraining order issued under section
609.748, or any previous or current similar order issued by another jurisdiction;
new text end
new text begin
(2) any history of financial exploitation by the respondent upon the vulnerable adult
identified in the petition or any other vulnerable adult;
new text end
new text begin
(3) any history of the vulnerable adult's previous financial exploitation by the respondent
or any other person;
new text end
new text begin
(4) the capacity of the vulnerable adult to make decisions related to their finances and
property;
new text end
new text begin
(5) the susceptibility of the vulnerable adult to undue influence; or
new text end
new text begin
(6) the respondent's criminal history.
new text end
new text begin Subd. 8. new text end
new text begin Temporary ex parte order. new text end
new text begin
(a) The court may issue a temporary order for
protection ex parte if the court finds that:
new text end
new text begin
(1) there is an immediate and present danger of financial exploitation of the vulnerable
adult;
new text end
new text begin
(2) there is a likelihood of irreparable harm and nonavailability of an adequate remedy
at law;
new text end
new text begin
(3) there is a substantial likelihood of success on the merits;
new text end
new text begin
(4) the threatened injury to the vulnerable adult outweighs possible harm to the
respondent; and
new text end
new text begin
(5) a temporary order protects the vulnerable adult's financial security.
new text end
new text begin
(b) A denial of a petition for an ex parte order must be by written order and must note
the grounds for denial. When the only ground for denial is failure to demonstrate the
immediate and present danger of financial exploitation of a vulnerable adult, the court must
set a full hearing on the petition for an order for protection at the earliest possible date and
within 14 days of the date of the court's denial order. Nothing in this paragraph limits a
petitioner's right to promptly amend a petition consistent with court rules.
new text end
new text begin
(c) An ex parte temporary order may be effective for a fixed period not to exceed 14
days unless good cause is shown to extend the order. The ex parte temporary order may be
extended once for up to an additional 14 days. A full hearing, as provided by this section,
must be set for a date no later than the date when the ex parte temporary order expires.
new text end
new text begin Subd. 9. new text end
new text begin Relief. new text end
new text begin
(a) The court may grant relief as provided under this section, if upon
notice and hearing and consideration of all relevant factors, the court finds that:
new text end
new text begin
(1) the vulnerable adult is the victim of financial exploitation or the vulnerable adult is
in imminent danger of becoming a victim of financial exploitation;
new text end
new text begin
(2) there is a likelihood of irreparable harm and nonavailability of an adequate remedy
at law;
new text end
new text begin
(3) the threatened injury to the vulnerable adult outweighs possible harm to the
respondent; and
new text end
new text begin
(4) an order protects the vulnerable adult's financial security.
new text end
new text begin
(b) In addition to any other injunctive or equitable relief the court deems appropriate,
the court may grant any or all of the following relief in either a temporary ex parte or final
order issued under this section:
new text end
new text begin
(1) prohibit the respondent from direct or indirect contact with the vulnerable adult;
new text end
new text begin
(2) restrain the respondent from committing any acts of financial exploitation against
the vulnerable adult;
new text end
new text begin
(3) hold financial accounts in accordance with chapter 45A or freeze any assets of the
vulnerable adult in any depository or financial institution whether titled solely in the
vulnerable adult's name, solely in the respondent's name, jointly with the respondent, in
conservatorship, or in a trust, provided that:
new text end
new text begin
(i) assets held by a conservator for the vulnerable adult may be frozen only by an order
entered by the court overseeing the conservatorship proceeding;
new text end
new text begin
(ii) assets held by a trust may be frozen only by an order of the court if all the trustees
of the trust are served with process and are given reasonable notice before any hearing on
the petition; and
new text end
new text begin
(iii) assets held solely in the name of the respondent may only be frozen on an ex parte
basis if the petition and affidavit demonstrate to the court probable cause that such assets
are traceable to the financial exploitation of the vulnerable adult, that such assets are likely
to be returned to the vulnerable adult after a final evidentiary hearing, and that no other
adequate remedy at law is reasonably available;
new text end
new text begin
(4) freeze any line of credit of the vulnerable adult at any depository or financial
institution whether listed solely in the vulnerable adult's name or jointly with the respondent,
provided that:
new text end
new text begin
(i) lines of credit held by a conservator for the vulnerable adult may be frozen only by
an order entered by the court overseeing the conservatorship proceeding; and
new text end
new text begin
(ii) lines of credit held by a trust may be frozen only by an order of the court if all the
trustees of the trust are served with process and are given reasonable notice before any
hearing on the petition;
new text end
new text begin
(5) if the court has ordered an asset and credit freeze, ordering that living expenses of
the vulnerable adult continue to be paid;
new text end
new text begin
(6) award to the vulnerable adult the temporary exclusive use and possession of the
dwelling that the vulnerable adult and the respondent share or bar the respondent from the
residence of the vulnerable adult;
new text end
new text begin
(7) provide necessary directives to law enforcement agencies; and
new text end
new text begin
(8) provide any terms the court deems necessary for the protection of the vulnerable
adult or the vulnerable adult's assets.
new text end
new text begin Subd. 10. new text end
new text begin Modifying or vacating an order; extensions and subsequent orders. new text end
new text begin
Upon
application and notice to all parties as required under this section, the court may vacate an
order, modify the terms of an existing order for protection, extend relief granted in an
existing order for protection, or, if an order for protection has expired, issue a new order.
new text end
new text begin Subd. 11. new text end
new text begin Copy to law enforcement agency; lead investigative agency. new text end
new text begin
Within 24
hours of issuance of an order or continuance of an order under this section, the court
administrator must forward the order for protection and any continuance of the order for
protection to the local law enforcement agency with jurisdiction over the residence of the
vulnerable adult and the lead investigative agency that received the report pursuant to
subdivision 6. Section 518B.01, subdivision 13, applies to orders granted under this section.
new text end
new text begin Subd. 12. new text end
new text begin Title to real property. new text end
new text begin
Nothing in this section affects title to real property.
new text end
new text begin Subd. 13. new text end
new text begin Violation of an order for protection. new text end
new text begin
(a) A person is guilty of a misdemeanor
if the person:
new text end
new text begin
(1) knows of the existence of an order for protection issued under this section;
new text end
new text begin
(2) is prohibited from direct or indirect contact with a vulnerable adult or restrained from
committing any acts of financial exploitation against a vulnerable adult as provided in
subdivision 9, paragraph (b); and
new text end
new text begin
(3) violates the order by committing such conduct.
new text end
new text begin
(b) A person who violates paragraph (a) within ten years of a previous conviction or
adjudication of delinquency for a violation of this subdivision or section 609.2335, is guilty
of a gross misdemeanor.
new text end
new text begin
(c) A person who violates paragraph (a) within ten years of the first of two or more
previous convictions or adjudications of delinquency for a violation of this subdivision or
section 609.2335, is guilty of a felony and may be sentenced to imprisonment for not more
than five years or to payment of a fine of not more than $10,000, or both.
new text end
new text begin Subd. 14. new text end
new text begin Admissibility of testimony in criminal proceeding. new text end
new text begin
Any testimony offered
by a respondent in a hearing pursuant to this section is inadmissible in a criminal proceeding.
new text end
new text begin Subd. 15. new text end
new text begin Other remedies available. new text end
new text begin
Any proceeding under this section shall be in
addition to other civil or criminal remedies.
new text end
Sec. 19.
Laws 2023, chapter 52, article 19, section 90, is amended to read:
Sec. 90. EFFECTIVE DATE.
Sections 83 to 89 are effective January 1, 2024, and apply to leases deleted text begin signeddeleted text end new text begin entered into,
renewed, or extendednew text end on or after that date.new text begin For the purposes of this section, estates at will
shall be deemed to be renewed or extended at the commencement of each rental period.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025, and applies to leases entered
into, renewed, or extended on or after that date.
new text end
Sec. 20.
Laws 2023, chapter 52, article 19, section 102, is amended to read:
Sec. 102. EFFECTIVE DATE.
Sections 97, 98, and 100 are effective January 1, 2024, and apply to leases entered into
deleted text begin ordeleted text end new text begin ,new text end renewednew text begin , or extendednew text end on or after January 1, 2024.new text begin For the purposes of this section, estates
at will shall be deemed to be renewed or extended at the commencement of each rental
period.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2025, and applies to leases entered
into, renewed, or extended on or after that date.
new text end
Sec. 21. new text begin EVICTION PROCEEDINGS DELAYED; SECTION 8 HOUSING.
new text end
new text begin
(a) The definitions in Minnesota Statutes, section 504B.001, apply to this section.
new text end
new text begin
(b) Notwithstanding any law to the contrary, a landlord must not file an eviction action
against a tenant based on nonpayment of rent until at least three months following the date
of the first delinquent rent payment if:
new text end
new text begin
(1) the tenant is residing in housing subsidized by the United States Department of
Housing and Urban Development under Section 8 of the United States Housing Act of 1937;
and
new text end
new text begin
(2) the United States Department of Housing and Urban Development withholds the
tenant's rental assistance payments.
new text end
new text begin
(c) Paragraph (b) does not apply to an eviction action based on a tenant's failure to pay
the tenant's portion of rent.
new text end
new text begin
(d) Nothing in this section supersedes or modifies obligations imposed upon the landlord
by other law or contract and rights and remedies available to a tenant under other law or
contract.
new text end
new text begin
(e) This section expires on November 1, 2025.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective only upon enactment in the 2025 regular
session of a bill styled as S.F. No. 2298, the third engrossment, article 1, section 2.
new text end
Sec. 22. new text begin LANDLORD REIMBURSEMENT; CONTINGENT REDUCTION AND
APPROPRIATION.
new text end
new text begin
(a) If the condition under article 13, section 17, paragraph (b), clause (2), becomes
effective:
new text end
new text begin
(1) the commissioner of management and budget must reduce the fiscal year 2026
appropriation in 2025 S.F. No. 2298, the third engrossment, article 1, section 2, if enacted
during the 2025 regular legislative session, by $66,500,000. The commissioner must
proportionally allocate the appropriation reduction among the appropriations and riders in
2025 S.F. No. 2298, the third engrossment, article 1, section 2, subdivisions 2 to 19. This
section applies regardless of order of enactment; and
new text end
new text begin
(2) $66,500,000 is appropriated in fiscal year 2026 from the general fund to the
commissioner of the Housing Finance Agency to reimburse landlords for lost income due
to the United States Department of Housing and Urban Development withholding a tenant's
rental assistance payments.
new text end
new text begin
(b) This section does not permit reimbursements to a landlord for lost income based on
a tenant's failure to pay the tenant's portion of rent.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective only upon enactment in the 2025 regular
session of a bill styled as S.F. No. 2298, the third engrossment, article 1, section 2.
new text end
Sec. 23. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2024, sections 517.05; and 517.18,
new text end
new text begin
are repealed.
new text end
APPENDIX
Repealed Minnesota Statutes: ueh2432-1
45.0135 COMMERCE FRAUD BUREAU.
Subd. 2a.
Authorization.
(a) The commissioner may appoint peace officers, as defined in section 626.84, subdivision 1, paragraph (c), and establish a law enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), known as the Commerce Fraud Bureau, to conduct investigations, and to make arrests under sections 629.30 and 629.34. The primary jurisdiction of the law enforcement agency is limited to offenses with a nexus to insurance-related crimes or financial crimes.
(b) Upon request and at the commissioner's discretion, the Commerce Fraud Bureau may respond to a law enforcement agency's request to exercise law enforcement duties in cooperation with the law enforcement agency that has jurisdiction over the particular matter.
(c) The Commerce Fraud Bureau must allocate at least 70 percent of its work to insurance fraud, as defined in sections 60A.951, subdivision 4, and 609.611.
Subd. 2c.
Arrests and investigations.
The initial processing of a person arrested by the Commerce Fraud Bureau for an offense within its jurisdiction is the responsibility of the bureau unless otherwise directed by the law enforcement agency with primary jurisdiction. Subsequent investigation shall be the responsibility of the bureau unless otherwise directed by the law enforcement agency with primary jurisdiction. At the request of the primary jurisdiction, the bureau may assist in a subsequent investigation being carried out by the primary jurisdiction.
Subd. 2d.
Policy for notice of investigations.
The Commerce Fraud Bureau must develop a policy for notifying the law enforcement agency with primary jurisdiction when it has initiated investigation of any person within the jurisdiction of that agency.
Subd. 2e.
Chief law enforcement officer.
The commissioner shall appoint a peace officer employed full time to be the chief law enforcement officer and to be responsible for the management of the Commerce Fraud Bureau. The chief law enforcement officer shall possess the necessary police and management experience to manage a law enforcement agency. The chief law enforcement officer may appoint, discipline, and discharge all employees of the bureau. All police managerial and supervisory personnel must be full-time employees of the bureau. Supervisory personnel must be on duty and available any time peace officers of the bureau are on duty.
Subd. 2f.
Compliance.
Except as otherwise provided in this section, the Commerce Fraud Bureau shall comply with all statutes and administrative rules relating to the operation and management of a law enforcement agency.
Subd. 3.
Evidence, documentation, and related materials.
If the bureau seeks evidence, documentation, and related materials pertinent to an investigation, and the matter is located outside of this state, the bureau may designate representatives, including officials of the state where the matter is located, to secure the matter or inspect the matter on its behalf.
Subd. 4.
Confidentiality and immunity.
The provisions of chapter 13, including, but not limited to, section 13.82, apply to the classification, disclosure, and collection of data relating to the Commerce Fraud Bureau.
Subd. 5.
Annual report on activities and cost-effectiveness.
The Commerce Fraud Bureau shall maintain records and information in order to produce an annual report of its activities as may be prescribed by the commissioner of commerce. The commissioner shall report annually to the house of representatives and senate standing committees with jurisdiction over insurance issues as to the activities of the bureau and the cost-effectiveness of the programs established by the bureau.
243.58 ISSUING WARRANT FOR ESCAPED INMATE OR CONVICTED DEFENDANT.
If an inmate escapes from any state correctional facility under the control of the commissioner of corrections, the commissioner shall issue a warrant directed to any peace officer requiring that the fugitive be taken into immediate custody and returned to any state correctional facility designated by the commissioner. The commissioner may also issue such a warrant when a convicted defendant fails to report postsentencing to their county authority or to a state correctional facility. The chief executive officer of the facility from which the escape occurred shall use all proper means to apprehend and return the escapee, which may include the offer of a reward of not more than $100 to be paid from the state treasury, for information leading to the arrest and return to custody of the escapee.
244.065 PRIVATE EMPLOYMENT OF INMATES OR SPECIALIZED PROGRAMMING FOR PREGNANT INMATES OF STATE CORRECTIONAL INSTITUTIONS IN COMMUNITY.
Subdivision 1.
Work.
When consistent with the public interest and the public safety, the commissioner of corrections may conditionally release an inmate to work at paid employment, seek employment, or participate in a vocational training or educational program, as provided in section 241.26, if the inmate has served at least one half of the term of imprisonment.
253.21 COMMITMENT OF PRISONERS; PROCEEDINGS; RESTORATION OF MENTAL HEALTH.
Subdivision 1.
Initiation of commitment proceedings involving prisoners.
When any person confined in the Minnesota Correctional Facility-Stillwater or the Minnesota Correctional Facility-St. Cloud is alleged to be mentally ill, the chief executive officer or other person in charge of the correctional facility shall notify the executive board, which shall cause the prisoner to be examined by the court exercising probate jurisdiction of the county where the prisoner is confined, as in the case of other persons who are mentally ill.
Subd. 2.
Transfer of committed prisoners.
In case the prisoner is found to be mentally ill, the prisoner must be transferred by the order of the court to the Minnesota Security Hospital or to a state hospital for people who are mentally ill in the discretion of the court, there to be kept and maintained as in the case of other persons who are mentally ill.
Subd. 3.
Return of prisoners following restoration of mental health.
If, in the judgment of the chief executive officer of the correctional facility the prisoner came from, the prisoner's mental health is restored before the period of commitment to the correctional facility has expired, upon the certificate of the chief executive officer, the executive board shall remove the prisoner from the secure treatment facility and transfer the prisoner to the correctional institution the prisoner came from to complete the sentence.
253.23 PRISONER TRANSFER PROCEEDINGS.
When any prisoner is transferred to the Minnesota Security Hospital, the original warrant of commitment to the correctional facility must be sent with the prisoner and returned to the correctional facility upon return or discharge of the prisoner. A certified copy of the warrant of commitment to the correctional facility must be preserved at the correctional facility.
325E.21 DEALERS IN SCRAP METAL; RECORDS, REPORTS, AND REGISTRATION.
Subd. 2b.
Catalytic converter theft prevention pilot project.
(a) The catalytic converter theft prevention pilot project is created to deter the theft of catalytic converters by marking them with vehicle identification numbers or other unique identifiers.
(b) The commissioner shall establish a procedure to mark the catalytic converters of vehicles most likely to be targeted for theft with unique identification numbers using labels, engraving, theft deterrence paint, or other methods that permanently mark the catalytic converter without damaging its function.
(c) The commissioner shall work with law enforcement agencies, insurance companies, and scrap metal dealers to identify vehicles that are most frequently targeted for catalytic converter theft and to establish the most effective methods for marking catalytic converters.
(d) Materials purchased under this program may be distributed to dealers, as defined in section 168.002, subdivision 6, automobile repair shops and service centers, law enforcement agencies, and community organizations to arrange for the marking of the catalytic converters of vehicles most likely to be targeted for theft at no cost to the vehicle owners.
(e) The commissioner may prioritize distribution of materials to areas experiencing the highest rates of catalytic converter theft.
(f) The commissioner must make educational information resulting from the pilot program available to law enforcement agencies and scrap metal dealers and is encouraged to publicize the program to the general public.
(g) The commissioner shall include a report on the pilot project in the report required under section 65B.84, subdivision 2. The report must describe the progress, results, and any findings of the pilot project including the total number of catalytic converters marked under the program, and, to the extent known, whether any catalytic converters marked under the pilot project were stolen and the outcome of any criminal investigation into the thefts.
325F.02 MANUFACTURE, STORAGE, OR SALE OF MATCHES.
Subdivision 1.
Safety matches.
No person, association, or corporation shall manufacture, store, offer for sale, sell, or otherwise dispose of, or distribute, white phosphorus, single-dipped, strike-anywhere matches of the type popularly known as "parlor matches", or any type of double-dipped matches, unless the bulb or first dip of such match is composed of a so-called safety or inert composition, nonignitable on an abrasive surface. No person, association, or corporation shall manufacture, store, sell, offer for sale, or otherwise dispose of, or distribute, matches which will ignite in a laboratory oven at a temperature of less than 200 degrees Fahrenheit when subjected in such laboratory oven to a gradually increasing heat and maintained at the before stated continuous temperature for a period of not less than eight hours, or blazer or so-called wind matches, whether of the so-called safety or strike-anywhere type.
Subd. 2.
Brands and trademarks.
No person, association, or corporation shall offer for sale, sell or otherwise dispose of, or distribute, any matches, unless the package or container in which such matches are packed bears, plainly marked on the outside thereof, the name of the manufacturer and the brand or trademark under which such matches are sold, disposed of, or distributed.
Subd. 3.
How kept in retail stores.
Not more than one case of each brand of matches of any type or manufacture shall be opened at any one time in any retail store where matches are sold or otherwise disposed of; nor shall loose boxes, or paper-wrapped packages, of matches be kept on shelves or stored in retail stores at a height exceeding five feet from the floor.
Subd. 4.
Storage in warehouses.
All matches stored in warehouses, excepting manufacturer's warehouse at place of manufacture, which contain automatic sprinkler equipment, must be kept only in properly secured cases, and not piled to a height exceeding ten feet from the floor; nor be stored within a horizontal distance of ten feet from any boiler, furnace, stove, or other like heating apparatus, nor within a horizontal distance of 25 feet from any explosive material kept or stored on the same floor.
Subd. 5.
Boxes, how made.
All matches shall be packed in boxes or suitable packages, containing not more than 700 matches in any one box or package; provided, that when more than 300 matches are packed in any one box or package, the matches shall be arranged in two nearly equal portions, the heads of the matches in the two portions shall be placed in opposite directions; and all boxes containing 350 or more matches shall have placed over the matches a center holding or protecting strip, made of chipboard, not less than 1-1/4 inches wide, which shall be flanged down to hold the matches in position when the box is nested into the shuck or withdrawn from it.
Subd. 6.
Containers or cases; number of boxes or packages; how marked.
All match boxes or packages shall be packed in strong shipping containers or cases; maximum number of match boxes or packages contained in any one shipping container or case shall not exceed the following number:
| Number of boxes | Numerical number ofmatches per box | |
| 1/2 gross | . | 700 |
| 1 gross | . | 500 |
| 2 gross | . | 400 |
| 3 gross | . | 300 |
| 5 gross | . | 200 |
| 12 gross | . | 100 |
| 20 gross | . | Over 50 and under 100 |
| 25 gross | . | Under 50 |
No shipping container or case constructed of fiberboard, corrugated fiberboard, or wood, nailed or wire-bound, containing matches, shall have a weight, including its contents, exceeding 75 pounds; and no lock-cornered wood case containing matches shall have a weight, including its contents, exceeding 85 pounds; nor shall any other article or commodity be packed with matches in any container or case; and all shipping containers or cases containing strike-anywhere matches shall have plainly marked on the outside thereof the words "strike-anywhere matches," and all shipping containers or cases containing "strike on box" matches shall have plainly marked on the outside thereof the words "strike on box matches."
Subd. 7.
Violations; penalties.
Any person, association, or corporation violating any of the provisions of this section shall be fined, for the first offense, not less than $5 nor more than $25 and for each subsequent violation, not less than $25.
325F.03 FLAME RESISTANT PUBLIC ASSEMBLY TENTS.
No person, firm or corporation shall establish, maintain or operate any circus, side show, carnival, tent show, theater, skating rink, dance hall, or a similar exhibition, production, engagement or offering or other place of assemblage in or under which 15 or more persons may gather for any lawful purpose in any tent, awning or other fabric enclosure unless such tent, awning or other fabric enclosure, and all auxiliary tents, curtains, drops, awnings and all decorative materials, are made from a nonflammable material or are treated and maintained in a flame resistant condition. This section does not apply to tents designed or manufactured for camping, backpacking, mountaineering, or children's play; tents used to conduct committal services on the grounds of a cemetery; nor to tents, awnings or other fabric enclosures erected and used within a sound stage, or other similar structural enclosure which is equipped with an overhead automatic sprinkler system.
325F.04 FLAME RESISTANT TENTS.
No person, firm, or corporation may sell or offer for sale or manufacture for sale in this state any tent subject to section 325F.03 unless all fabrics or pliable materials in the tent are durably flame resistant. Tents subject to section 325F.03 shall be conspicuously labeled as being durably flame resistant.
325F.05 RULES.
The commissioner of public safety shall act so as to have effective rules concerning standards for durably flame resistant materials and for labeling requirements under sections 325F.03 and 325F.04. In order to comply with sections 325F.03 and 325F.04, all materials and labels must comply with the rules adopted by the commissioner. The commissioner has general rulemaking power to otherwise implement sections 325F.03 to 325F.07.
325F.06 CIVIL PENALTIES.
Any firm or corporation who violates sections 325F.03 to 325F.05 shall be strictly liable for any damage which occurs to any person as a result of such violation. In addition, any seller shall refund the full purchase price of any item sold in violation of section 325F.04 upon return of the item by the buyer.
325F.07 CRIMINAL PENALTY.
Any person, firm or corporation which violates sections 325F.03 to 325F.05 is guilty of a misdemeanor.
517.05 CREDENTIALS OF MINISTER.
Ministers of any religious denomination, before they are authorized to solemnize a civil marriage, shall file a copy of their credentials of license or ordination or, if their religious denomination does not issue credentials, authority from the minister's spiritual assembly, with the local registrar of a county in this state, who shall record the same and give a certificate of filing thereof. The place where the credentials are recorded shall be endorsed upon and recorded with each certificate of civil marriage granted by a minister.
517.18 CIVIL MARRIAGE SOLEMNIZATION.
Subdivision 1.
Friends or Quakers.
All civil marriages solemnized among the people called Friends or Quakers, in the form heretofore practiced and in use in their meetings, shall be valid and not affected by any of the foregoing provisions. The clerk of the meeting in which such civil marriage is solemnized, within one month after any such civil marriage, shall deliver a certificate of the same to the local registrar of the county where the civil marriage took place, under penalty of not more than $100. Such certificate shall be filed and recorded by the court administrator under a like penalty. If such civil marriage does not take place in such meeting, such certificate shall be signed by the parties and at least six witnesses present, and shall be filed and recorded as above provided under a like penalty.
Subd. 2.
Baha'i.
Civil marriages may be solemnized among members of the Baha'i faith by the chair of an incorporated local Spiritual Assembly of the Baha'is, according to the form and usage of such society.
Subd. 3.
Hindus; Muslims.
Civil marriages may be solemnized among Hindus or Muslims by the person chosen by a local Hindu or Muslim association, according to the form and usage of their respective religions.
Subd. 4.
American Indians.
Civil marriages may be solemnized among American Indians according to the form and usage of their religion by an Indian Mide' or holy person chosen by the parties to the civil marriage.
Repealed Minnesota Rule: ueh2432-1
2940.0100 DEFINITIONS.
Subpart 1.
Scope.
As used in this chapter, the following terms have the meanings given them in this part.
Subp. 2.
Availability.
"Availability" means the date on which the offender has made bail, bond, or has been released on personal recognizance or no bail required; or completed any local incarceration time which results from a misdemeanor, gross misdemeanor, or felony stayed sentence.
Subp. 3.
Board of Pardons.
"Board of Pardons" means the Board of Pardons established by Minnesota Statutes, chapter 638.
Subp. 4.
Bookslip.
"Bookslip" means the form issued by the central office records clerk which designates the agent of record.
Subp. 5.
Case management.
"Case management" means the total system employed in the management of an inmate's case, including but not limited to the development of needs assessments and program plans; conducting progress and reentry reviews; and developing recommendations for conditions of release.
Subp. 7.
District supervisor.
"District supervisor" means a Department of Corrections field supervisor.
Subp. 8.
Executive officer of hearings and release.
"Executive officer of hearings and release" means the person to whom the commissioner of corrections has delegated the authority for granting parole and work release; for revoking parole, work release, and supervised release; and for granting discharge from an indeterminate sentence.
Subp. 9.
Expiration of the determinate sentence.
"Expiration of the determinate sentence" means the date on which the maximum sentence pronounced by the court occurs.
Subp. 10.
Expiration of the indeterminate sentence.
"Expiration of the indeterminate sentence" means the date on which the maximum sentence pronounced by the court less good time reduction occurs.
Subp. 13.
Inmate.
"Inmate" means a person committed to the jurisdiction of the commissioner who is imprisoned in a correctional facility or other place designated by the commissioner.
Subp. 14.
Institution caseworker.
"Institution caseworker" means the institution's staff person assigned the responsibility of coordinating the development of needs assessment, program plans, progress review, and reentry reviews for those inmates assigned to their caseloads.
Subp. 16.
Near the site.
"Near the site" means a place not to exceed 50 miles from the site of the alleged violation.
Subp. 17.
Parole.
"Parole" means that portion of an indeterminate sentence served by an inmate in the community under supervision and subject to prescribed rules.
Subp. 18.
Probable cause.
"Probable cause" means a finding by a court in an omnibus hearing or by a hearing officer in a probable cause hearing.
Subp. 19.
Probable cause hearing.
"Probable cause hearing" means a hearing held to determine if there are reasonable grounds for belief that one or more conditions of release may have been violated.
Subp. 20.
Program review team.
"Program review team" means a group of Department of Corrections employees in a correctional facility whose assigned function is to develop needs assessments and program plans and to conduct progress reviews for those inmates assigned to them.
Subp. 21.
Projected release date.
"Projected release date" means a date in the future at which an inmate will be released providing the inmate's behavior is satisfactory, the release date was based on complete and accurate information, and the inmate is not considered to be a risk to the public at the time of release.
Subp. 22.
Projected release plan.
"Projected release plan" means a proposed plan for an inmate when released to the community, including a place of residence and employment as well as any special or standard conditions which may be imposed at the time of release.
Subp. 23.
Public interest.
"Public interest" means the interest the public has in maintaining the integrity of legal sanctions and the rights of citizens.
Subp. 24.
Public safety.
"Public safety" means the protection of the public from injury, danger, and violence.
Subp. 25.
Reentry review.
"Reentry review" means the review which is held in order to establish conditions of release.
Subp. 26.
Releasee.
"Releasee" means a person on parole, work release, or supervised release status from a correctional facility who is under sentence to the commissioner.
Subp. 27.
Residential community program.
"Residential community program" means a structured residential program in the community such as a halfway house, chemical dependency treatment center, or another treatment program designed to change the behavior of residents and to protect the public.
Subp. 28.
Revocation hearing.
"Revocation hearing" means a hearing held for the purpose of determining whether cause exists for the revocation of parole, work release, or supervised release and for determining whether parole, work release, or supervised release should be revoked and for setting the term of reimprisonment to be served by the violator.
Subp. 29.
Risk to the public.
"Risk to the public" means the degree to which an individual is likely to cause injury, damage, loss, pain, or peril to the public or to engage in unlawful sexual behavior involving a victim.
Subp. 31.
Supervised release.
"Supervised release" means that portion of a determinate sentence served by an inmate in the community under supervision and subject to prescribed rules, adopted in accordance with Minnesota Statutes, section 244.05.
Subp. 32.
Supervising agent.
"Supervising agent" means the parole and probation agent who is assigned to the individual on parole, work release, or supervised release status.
Subp. 33.
Working days.
"Working days" means all working days exclusive of legal holidays and weekends.
Subp. 34.
Work release.
"Work release" means an extension of confinement in which inmates are conditionally released to work at gainful employment, seek employment, or participate in vocational or educational training in the community while serving their sentence in accordance with Minnesota Statutes, section 241.26.
2940.0200 PURPOSE.
The purpose of this chapter is to establish the policies, procedures, rules, regulations, and guidelines which will govern the operation of the hearings and release unit established within the Department of Corrections by the commissioner in order to discharge the responsibilities established by law.
2940.0300 ADMINISTRATION.
For the purpose of coordinating, monitoring, and assuring uniformity and objectivity in the decisions of parole, supervised release, and work release, the commissioner has established the hearings and release unit and appointed an executive officer of hearings and release. The commissioner has delegated to the executive officer of hearings and release the authority to grant parole and work release; to revoke parole, work release, and supervised release; to discharge persons under indeterminate sentences; and to approve the conditions of parole, work release, and supervised release.
The executive officer of hearings and release shall be independent from the administration of the institutions and community services division.
One or more Department of Corrections staff approved by the commissioner may assist the executive officer of hearings and release in carrying out the officer's responsibilities.
2940.0400 EXECUTIVE OFFICER OF HEARINGS AND RELEASE.
The executive officer of hearings and release shall have the authority, under the guidelines prescribed in this chapter, with the exception of those inmates under life sentences, to:
B.
approve or modify conditions of parole or supervised release as developed by the program review teams;
G.
issue revocation orders to stop time on parolees, supervised releasees, and work releasees who have absconded and to start the time running on the inmates' sentences.
2940.0500 PROGRAM REVIEW TEAMS.
In each adult institution there shall be one or more program review teams appointed by the institution superintendent or warden. One member of each team shall be designated as the chair.
2940.0600 TEAM FUNCTIONS.
A program review team shall perform the following functions regarding each inmate:
I.
develop conditions of parole or supervised release jointly with the inmate's assigned field agent; and
2940.0700 PLANS.
All needs assessments, program, and projected release plans must be in writing and the central office file copy must be forwarded to the hearings and release unit for informational purposes. All conditions of parole or supervised release shall be imposed by the executive officer of hearings and release.
2940.0800 NEEDS ASSESSMENTS, PROGRAM, AND PROJECTED RELEASE PLANS.
Subpart 1.
60-day limit.
Each inmate shall have a needs assessment, program plan, and projected release plan developed within 60 days of admission.
Subp. 2.
General content.
The needs assessment must specify the inmate's needs as identified by the program review committee regarding chemical dependency, sexual deviancy, psychological disorder, and other.
The projected release plan shall be based on the inmate's needs and shall contain the conditions required to meet the department's objective of public protection.
Subp. 3.
Developed by team.
The needs assessment, program plan, and projected release plan shall be developed by the program review team, and the central office copy shall be forwarded to the hearings and release unit for information purposes.
2940.0900 PROGRESS REVIEWS.
Subpart 1.
Times of review.
The progress of each inmate under the jurisdiction of the commissioner shall be reviewed at least annually by the program review team. Progress reviews may occur in conjunction with custody status changes and as individual program needs require.
Subp. 2.
Application.
The inmate's progress reviews may result in the modification of the inmate's needs assessment, modification of program plan, recommendations for institutional transfer, work release recommendations, and the development of conditions of parole or supervised release.
Subp. 3.
Copies forwarded.
The central office copy of the inmate's progress reviews shall be forwarded to the hearings and release unit for information purposes.
2940.1000 WORK RELEASE FOR PRERELEASE PURPOSES.
Subpart 1.
Housing facility.
Inmates on prerelease status shall be housed at the Minnesota Correctional Facility-Lino Lakes. Requests for this status shall be coordinated through the work release director at least 90 days prior to the inmate's release date. These inmates will be housed in facilities appropriate to provide the necessary services.
Subp. 2.
Recommendations reviewed.
The recommendations of the program review teams shall be reviewed by the executive officer for granting prerelease status. The executive officer of hearings and release shall make the decision to grant or deny work release status for placement in the prerelease program.
2940.1100 WORK RELEASE.
Applications for work release must be forwarded to the director of work release for approval. If approved by the director of work release, the application must be considered by the program review team. If approved by the program review team, the recommendation of the program review team must be reviewed by the executive officer of hearings and release for the granting or denial of work release.
2940.1200 REENTRY REVIEWS.
Subpart 1.
Projected release plan.
The institution caseworker and the inmate must complete the projected release plan 105 to 120 days prior to the inmate's established release date. The projected release plan, current case summary, annual progress reviews, and psychological evaluation must be forwarded to the district supervisor or Community Corrections Act contact person of the county in which the offender intends to reside. A copy of that request shall also be forwarded to the district supervisor or Community Corrections Act contact person of the county of commitment.
Subp. 2.
Supervising agent.
The district supervisor or Community Corrections Act contact person shall assign a supervising agent within 90 days of the offender's release. The name and telephone number of the supervising agent assigned must be sent to the institution caseworker as notification of the supervising agent assignment.
Subp. 3.
Plan concurrence.
The supervising agent shall verify the appropriateness of the release plan. If the supervising agent concurs with the plan, the supervising agent must submit a prerelease report within 65 days of the inmate's release date. If the supervising agent does not concur, he or she must call the institution caseworker. The institution caseworker and the supervising agent shall confer to resolve the difference.
Subp. 4.
Review scheduled.
Within 45 to 60 days of the inmate's release date the institution caseworker or parole unit shall schedule the inmate for a review before the program review team. The program review team shall conduct a reentry review and finalize the projected release plan.
Subp. 5.
Bookslip.
The district supervisor shall request the central office records clerk to issue a bookslip. Upon receipt of a copy of the signed conditions of parole or supervised release by the central office records clerk, a bookslip must be issued.
2940.1300 FINAL PLAN RECOMMENDATIONS.
Subpart 1.
Final review.
The final recommendations regarding release plans which have been developed jointly with the supervising agent, the institution caseworker, and forwarded by the program review team shall be reviewed by the executive officer of the hearings and release unit at least 30 days prior to the inmate's established release date. These reviews shall take place at each Minnesota correctional facility as follows:
A.
at least every ten working days at Minnesota Correctional Facility-Stillwater and Minnesota Correctional Facility-St. Cloud; and
B.
at least every 15 working days at Minnesota Correctional Facility-Shakopee, Minnesota Correctional Facility-Oak Park Heights, and Minnesota Correctional Facility-Lino Lakes.
Subp. 2.
Final decision.
The executive officer of hearings and release shall make the final decision regarding the conditions of parole, supervised release, or work release, with the exception of those inmates under life sentences.
2940.1400 NOTICE TO INMATES.
At least 30 days prior to the reentry review, the inmate shall receive written notice of the date and time of the review. The notice shall state the purpose of the review, the material to be covered, and the right to review the files, records, and other documents which will be considered at that time. The notice shall also inform the inmate of the right to submit written documentation and to appear and speak on his or her own behalf during the hearing. All inmates shall be notified, in writing, of any decisions which affect their program plans, conditions of release, or release date which occur as a result of program team reviews or through the disciplinary process.
2940.1500 INMATES WITH INDETERMINATE SENTENCES.
Subpart 1.
Concurrent sentences.
When an inmate is under sentence for a pre-May 1, 1980, offense and a guideline sentence concurrently, and the sentence for the pre-May 1, 1980, offense exceeds the guidelines sentence, release shall be considered under Minnesota Statutes 1983 Supplement, section 243.05.
Subp. 2.
Review of release dates.
Incarcerated inmates with indeterminate sentences governing their release dates which were established prior to July 1, 1982, shall be handled as follows in items A to C.
A.
All release dates established by the Minnesota Corrections Board will be left in full force and effect by the commissioner.
B.
Special reviews for the purpose of modifying release dates established by the Minnesota Corrections Board shall be considered by the executive officer of hearings and release for the following reasons:
C.
The program review team shall determine if the criteria for a special review have been met. If the criteria have been met, the program review team shall forward the information and a recommendation to the executive officer of hearings and release. The executive officer of hearings and release shall make the final decision regarding the requested adjustment in the release date.
Subp. 3.
Application of guidelines.
Minnesota sentencing guidelines policies and procedures must be utilized in determining the term of imprisonment and projected release date of each inmate with an indeterminate sentence whose new admission review occurs after July 1, 1982.
The criminal history score shall be based on the inmate's status on the date the indeterminate offense occurred.
A.
To be assigned a juvenile point, the offender must have been under 21 years of age at the time of the offense. If so, standard guidelines policies apply.
B.
To be assigned a custody status point, the offender must have been under applicable Minnesota state guidelines policy custody status at the time the indeterminate offense occurred. If so, standard guidelines policies apply.
C.
The only misdemeanor, gross misdemeanor, or felony convictions which shall be utilized to compute the criminal history score shall be those for which the offender had received a stayed or imposed sentence prior to the date on which the indeterminate offense occurred.
The program review team shall complete a Minnesota sentencing guidelines worksheet on such inmates and forward the worksheet to the executive officer of hearings and release for approval. If the program review team recommends departure from the guidelines grid, the written reasons for the departure must accompany the worksheet.
2940.1600 GOOD TIME LOST; EXTENSION OF TERM OF IMPRISONMENT.
All inmates shall be subject to the loss of good time or extension of term of imprisonment for institutional disciplinary infractions as follows in items A to E.
A.
All inmates with indeterminate sentences and established release dates shall have their release date and expiration date extended by one day for each day of good time lost, not to exceed the maximum sentence imposed by the court.
B.
All inmates with indeterminate sentences who have their expiration date as their assigned release date shall have their expiration date extended by one day for each day of good time lost, not to exceed the maximum sentence imposed by the court.
C.
All inmates with guidelines sentences shall have their supervised release date extended by one day for each day of good time lost or disciplinary confinement time added.
D.
All parole violators shall have their release date extended by one day for each day of good time lost.
E.
All violators of supervised release shall have their projected release date extended by one day for each three days of segregation time served.
2940.1700 OFFENDERS ON PAROLE OR SUPERVISED RELEASE STATUS.
Progress reviews shall be completed annually on all offenders on parole or supervised release status by the supervising agent. Unless the expiration date occurs earlier, offenders on parole status shall be considered for discharge when consistent with public safety.
2940.1800 INMATES WITH LIFE SENTENCES.
Subpart 1.
Advisory panel.
The commissioner shall convene an advisory panel of Department of Corrections employees, which shall consist of, but not be limited to, the following:
D.
the executive officer of the hearings and release unit.
The commissioner shall serve as the chair of the advisory panel.
Subp. 2.
Duties of panel.
The advisory panel shall review each inmate who is serving a life sentence three years prior to the inmate's parole or supervised release eligibility date in order to establish a projected release date or a future review date. The advisory panel shall assist the commissioner in thoroughly considering the inmate's entire case history, including the facts and circumstances of the offense for which the life sentence is being served; past criminal history, institutional adjustment, program team reports, psychological and psychiatric reports where pertinent; and the results of community investigations.
The program review team of the inmate's residence shall prepare appropriate reports and recommendations as requested by the institution superintendent or warden.
Subp. 3.
Inmate's rights.
The inmate shall be given 60 days notice prior to the date of review; shall be entitled to submit written documentation in support of his or her position; and shall have the choice to be present at the review hearing.
An attorney representing the inmate or an advocate of the inmate's choice shall be allowed at the review hearing.
A representative of the ombudsman's office may be present at the review hearing.
Subp. 4.
Duties of officials.
The commissioner may initiate inquiries and take testimony as authorized by Minnesota Statutes, section 243.05.
The executive officer of hearings and release shall assist the commissioner in interviewing interested parties and prepare a summary of community input for presentation to the advisory panel.
During the deliberative process only members of the advisory panel shall be present unless determined otherwise by the commissioner.
Subp. 5.
Projected release date.
The commissioner shall establish a projected release date for each inmate or continue the case to a future review date. The decision of the commissioner shall be communicated to the inmate in writing within 30 days of the review and shall contain the following:
C.
actions by the inmate which could cause the projected release or review date to be changed.
The projected release date, once established shall not be modified without a review incorporating the elements of the initial review referred to in subpart 3 with the exception of changes caused by a loss of good time.
2940.1900 OBJECTIVE OF PUBLIC SAFETY.
Conditions of parole or supervised release shall be based on the need for public safety. Surveillance with optional treatment programming shall be utilized when consistent with case planning in order to achieve maximum public safety.
2940.2000 REQUIREMENTS AND PROHIBITIONS OF RELEASE.
Subpart 1.
Compliance.
All offenders on parole or supervised release shall be required to comply with the standard conditions of parole or supervised release in subparts 2 to 10.
Subp. 2.
Report.
Releasees upon leaving the institution shall report immediately at the destination specified by the supervising agent.
Subp. 3.
Inform.
Releasees shall at all times follow the instructions of their supervising agent and keep the supervising agent informed of their residence and activities. Releasees shall advise their supervising agent within 24 hours if they are arrested.
Subp. 4.
Contact.
Releasees shall maintain contact with the supervising agent in the manner prescribed by that supervising agent.
Subp. 5.
Submit reports and respond.
Releasees shall submit reports as required by the supervising agent and shall respond promptly to any communication from their supervising agent.
Subp. 6.
Intoxicants and drugs.
Releasees shall follow the supervising agent's instructions with respect to the use of intoxicants and shall not possess or use narcotics or other drugs, preparations, or substances as defined by Minnesota Statutes, chapter 152, except those prescribed for the releasee by a licensed physician.
Subp. 7.
Firearms.
Releasees shall not purchase or otherwise obtain or have in their possession any type of firearm or dangerous weapon as defined by Minnesota Statutes, section 609.02, subdivision 6.
Subp. 8.
Leaving the state.
Releasees shall not leave the state without the written permission of the supervising agent specifying the terms and conditions under which permission is granted.
Subp. 9.
Subsequent convictions.
Releasees shall not be convicted of any felony, gross misdemeanor, or any misdemeanor punishable by imprisonment as defined in Minnesota Statutes, section 609.02, or of repeated traffic offenses other than parking violations. Acknowledgment in the form of a confession under oath in open court before a judge may be considered a conviction for the purpose of this condition.
Subp. 10.
Probable cause to hold.
A finding of probable cause by a court of competent jurisdiction or grand jury indictment shall be considered grounds to hold a releasee in custody unless and until the releasee is found not guilty.
2940.2100 SPECIAL CONDITIONS OF RELEASE.
Special conditions of release mean any conditions on the release form other than the standard conditions, setting forth individual specified requirements to be followed by a releasee. These special conditions include:
A.
special conditions which set forth limits regarding contact with specified persons, travel from or to specified locations or areas, or increased contact with the supervising agent beyond that which is considered standard;
B.
participation conditions which require the releasee to be involved in nonresidential therapy or counseling programs; and
2940.2200 DEVELOPMENT OF SPECIAL CONDITIONS OF RELEASE.
Special conditions of parole or supervised release shall be developed jointly by the program review team and the supervising agent.
2940.2300 APPROVAL OF CONDITIONS OF RELEASE.
All conditions of parole or supervised release shall be subject to the approval of the executive officer of hearings and release.
2940.2400 PLACEMENT IN RESIDENTIAL COMMUNITY PROGRAM.
If placement in a residential community program is prescribed as a special condition of supervised release, failure to enter and complete such a program is grounds for revocation of release. If no community program is available at the time of release, the matter shall be referred to the executive officer of the hearings and release unit for approval of an alternative program or plan.
2940.2500 NOTICE OF CONDITIONS OF RELEASE.
At the time of release from a correctional facility each inmate shall have read to him or her the conditions of parole or supervised release, and the inmate shall sign the conditions of parole or supervised release. The inmate's signature shall be witnessed by the staff member who read the conditions of parole or supervised release to the inmate.
2940.2600 COOPERATION OF INMATE REQUIRED.
Refusal to cooperate in determining place of residence, employment plans, or conditions of release shall result in an extension of the inmate's term of imprisonment through the institutional disciplinary process. Inmates serving indeterminate sentences will not be allowed to leave the institution without an approved release plan.
2940.2700 RESTRUCTURE OF CONDITIONS OF PAROLE OR SUPERVISED RELEASE.
Subpart 1.
Request by offender.
Offenders on parole or supervised release may at any time during their term of release request that the standard or special conditions of release be modified. Their request must be made in writing through their supervising agent who shall submit the request and the supervising agent's recommendation to the hearings and release unit within ten days of its receipt. The executive officer of hearings and release shall review the request and respond in writing within 30 days of the receipt of the request for the modification of the standard or special conditions of release.
Subp. 2.
Request by supervising agent.
Supervising agents, after consultation with their supervisor, may request a restructure of a client's standard or special conditions of release.
Subp. 3.
Granting of modification.
The executive officer of hearings and release may authorize the supervising agent to modify the standard or special conditions of release or cause the releasee to be brought before the executive officer of hearings and release for a review of the matter of modification. Any modification of the standard or special conditions of release shall be in writing and executed with the same formality as the original conditions.
2940.2800 WORK RELEASE STATUS.
Subpart 1.
Participation.
Participation in the work release program is voluntary on the part of the inmate. Consideration for work release status shall be given to those offenders who have met the Department of Corrections eligibility requirements, have been accepted by the director of work release and recommended by the program review team. The executive officer of hearings and release shall make the decision for the granting or denial of work release.
Subp. 2.
Violations; revocations.
All violations of work release rules shall be handled according to the approved discipline plan. Revocation of work release status shall be the decision of the executive officer of hearings and release after an appropriate due process hearing.
2940.2900 WORK RELEASE FOR PRERELEASE PURPOSES.
Subpart 1.
Participation.
Participation in the prerelease program is voluntary on the part of the inmate. The procedure for granting work release for placement in the prerelease program shall be for the program review team to make the referral to the executive officer of the hearings and release unit. The executive officer of the hearings and release unit shall make the final decision regarding the granting of work release status for placement in the prerelease program.
Subp. 2.
Violations.
Violations of work release or prerelease shall be handled through the institutional disciplinary process.
2940.3000 GROUNDS FOR WARRANTS.
Warrants may be issued for the apprehension and detention of parolees, supervised releasees, and work releasees who are:
B.
convicted of a new felony and who represent a risk either by absconding or who have a probability of committing acts which are dangerous to the community; or
C.
the subject of detainers in appropriate cases.
When warrants have been issued as detainers for releasees who are being prosecuted for new charges, including violations which are misdemeanors, gross misdemeanors, or felonies, the revocation process shall not begin until the court process has concluded. The court process will be considered concluded by dismissal of charges, a finding of not guilty, or the completion of any local incarceration time imposed by the court.
2940.3100 WARRANTS; FORMAL RECOMMENDATION REQUIREMENT.
At any time the releasee is prepared to make bail or has been sentenced by the court, the supervising agent shall submit a written formal recommendation to the executive officer of hearings and release regarding whether to:
B.
cancel the warrant and allow the local sentence imposed to satisfy the violation time. If this is done, a notice of release will be filed by the fugitive unit which provides that the supervising agent be notified 30 or 60 days prior to release.
2940.3200 ISSUANCE OF WARRANTS.
The executive officer of hearings and release shall have the authority to issue nationwide or statewide warrants on a case-by-case basis in accordance with the procedures in items A to D.
A.
After consultation with his or her supervisor, the supervising agent shall submit a violation report to the executive officer of hearings and release who shall make the final decision regarding the issuance of a warrant.
B.
In emergency situations, the supervising agent shall request authorization for the warrant by telephone. The supervising agent shall call the hearings and release unit and provide the necessary information for warrant authorization.
C.
Upon approval of the emergency warrant, the hearings and release unit shall provide the fugitive unit with the necessary information, and instruct the fugitive unit to issue the warrant.
D.
If an emergency warrant is issued, a written violation report must be received by the hearings and release unit within five working days.
2940.3300 OTHER ORDERS.
The executive officer of hearings and release shall have the authority to issue orders revoking parole, supervised release, or work release; to stop the time from running on the sentences of releasees who have absconded, and to start the running of the time on the inmate's sentence.
2940.3400 HOLD ORDERS.
Apprehension and detention orders may be issued by the executive officer of the hearings and release unit or a district supervisor upon written reasons submitted by a supervising agent under authority of Minnesota Statutes, section 243.05. No releasee shall be detained under an apprehension and detention order for more than 72 hours unless revocation proceedings have been initiated by the supervising agent.
2940.3500 REVOCATION HEARING.
Subpart 1.
Location.
Revocation hearings whenever possible must be held in the community where the conviction of the violation of a standard or condition occurred. Separate probable cause hearings may be held if circumstances warrant.
Subp. 2.
When held.
All revocation or separate probable cause hearings must be held within 12 working days of the releasee's availability to Department of Corrections.
Subp. 3.
Outside metropolitan area.
Outside the metropolitan area, as defined by Minnesota Statutes, section 473.121, revocation or separate probable cause hearings shall be conducted by a Department of Corrections district supervisor other than the supervising agent's supervisor. In cases of special need, the executive officer of hearings and release may conduct the revocation or separate probable cause hearings outside the metropolitan area.
Subp. 4.
Within metropolitan area.
Within the metropolitan area the hearings shall be conducted by the executive officer of hearings and release.
2940.3600 REVOCATION GROUNDS.
Grounds for the revocation of parole, work release, or supervised release are as follows in items A to C.
A.
Conviction of a felony, gross misdemeanor, any misdemeanor punishable by imprisonment as defined in Minnesota Statutes, section 609.02, or repeated traffic offenses other than parking violations. Acknowledgment in the form of a confession under oath in open court before a judge may be considered a conviction for the purpose of revocation.
B.
A finding of probable cause by a court of competent jurisdiction or a grand jury indictment shall be considered grounds to hold the offender in custody unless and until the releasee is found not guilty.
2940.3700 ACTIONS.
If the executive officer of hearings and release or a district supervisor finds that releasees are in violation of their parole, work release, or supervised release, the following actions may be taken:
A.
counsel the releasee and continue parole, work release, supervised release without modification;
C.
revoke parole, work release, or supervised release and return the releasee to imprisonment for an appropriate period of time not to exceed the time remaining on the releasee's sentence.
2940.3800 REIMPRISONMENT.
Offenders who have violated the conditions of parole or supervised release and who have been returned to institutional status shall be assigned a release date and a term of reimprisonment, as follows:
A.
up to six months inclusive of any time spent in jail in connection with the violation, for violations of conditions of parole or supervised release other than convictions of or involvement in criminal activity;
D.
depending on the time remaining to be served on the sentence, the type of violation, and the needs of the offender, up to expiration of the sentence may be assigned as the term of reimprisonment if there is a finding of risk to the public or if repeated violations of the conditions of release occur and the releasee is determined to be unamenable to supervision by the executive officer of hearings and release.
The term of reimprisonment under items A to C may be either concurrent or consecutive to incarceration time imposed by a court of law and served locally.
2940.3900 REVOCATION PROCEDURES; INVESTIGATION AND REPORT.
Supervising agents shall investigate all alleged violations of release and after consultation with their supervisor determine whether grounds exist to begin revocation procedures. If grounds are found to exist justifying the initiation of revocation procedures, a violation report must be submitted to the executive officer of hearings and release together with a recommendation as to the issuance of a warrant directing the apprehension and detention of the releasee pending a hearing.
2940.4000 EMERGENCY SITUATIONS.
In emergency situations supervising agents after consultation with their supervisor, may call the hearings and release unit to request an emergency warrant. The procedure indicated in parts 2940.3000 to 2940.3400 governs the issuance of emergency warrants.
2940.4100 INITIATION OF REVOCATION PROCEEDINGS.
If the executive officer of the hearings and release unit determines that revocation proceedings shall be initiated, the supervising agent shall be notified in writing. The executive officer of the hearings and release unit shall send a copy of the violation report to the State Public Defender's Office at the same time that agent is notified to begin revocation proceedings.
2940.4200 DUTIES OF SUPERVISING AGENT.
Upon receipt of the notice to begin revocation proceedings, the supervising agent shall have the duties in items A to F.
B.
The supervising agent shall advise the releasee of the purpose of the hearing; the right to a hearing; the right to the assistance of counsel of choice or the services of the State Public Defender; the right to present evidence and to confront and cross-examine witnesses; and the right to admit the violations of release.
C.
If the releasee signs the admission of violations form, the supervising agent shall notify the fugitive unit to transport the violator to a correctional facility designated by the commissioner.
D.
Upon return to the correctional facility, the releasee shall be provided with a dispositional hearing within 15 working days at which the supervising agent is not required to be present.
E.
If the releasee requests a revocation hearing, the supervising agent shall call the hearings and release unit to coordinate a date and time for the hearing.
F.
Upon receiving the date and time for the hearing, the supervising agent shall prepare a notice of hearing form, make six copies of the rules of release, six copies of any written evidence, and distribute one set of each according to the distribution indicated on the notice of revocation hearing form.
If the releasee is in custody pursuant to a warrant issued by the hearings and release unit, the hearing shall be held within 15 working days immediately after detention, unless good cause is shown for a continuance. At the time notice is given to the releasee, notice shall be sent to the State Public Defender or private counsel.
2940.4300 REVOCATION HEARING.
The revocation hearing shall be held near the site of the alleged violation, and conducted by the executive officer of hearings and release or a district supervisor who does not directly supervise the supervising agent alleging the violation. If parole, supervised release, or work release is revoked, the releasee shall be imprisoned in a place determined by the commissioner. Releasees may admit the alleged violations any time prior to the hearing. The admission must be in writing, and releasees must have been notified of the consequences of their admission, including that they may be returned to a correctional facility for a term of imprisonment specified by the executive officer of hearings and release or a district supervisor.
2940.4400 WARRANTS.
Subpart 1.
General requirement.
Unless taken into custody by a supervising agent under the authority of Minnesota Statutes 1983 Supplement, section 243.05, a releasee shall not be taken into custody unless a warrant is issued by the executive officer of hearings and release.
Subp. 2.
Content.
Requests for hold orders or warrants must allege the specific facts upon which the alleged violation is based, indicate the sources of information, and cite reasons why detention pending the hearing is necessary.
Subp. 3.
Absconding from supervision.
Warrants may be issued in all cases where a releasee has absconded from supervision. Issuance of warrant under these circumstances and the revocation of parole, supervised release, or work release shall stop the time from running on the sentence until the releasee is returned to custody. In all cases where a releasee is returned from out of state, whether by extradition proceedings or waiver of extradition, the hearing shall be held at a location determined by the executive officer of hearings and release.
2940.4500 FAILURE TO APPEAR.
Failure of a releasee to appear at a revocation or probable cause hearing after having been duly notified will result in the issuance of a warrant for their apprehension and detention and return to custody pending a hearing at a place to be determined by the executive officer of hearings and release.
2940.5700 REQUEST FOR INTERSTATE SUPERVISION OF MINNESOTA RELEASEE.
Subpart 1.
Request for transfer.
Transfer requests for interstate supervision of a Minnesota releasee must be submitted to the deputy compact administrator, in the central office, at least 60 days but not more than 90 days prior to the established release date. The request shall be submitted on correction form 245, and must include in specific terms the placement offer and employment, as well as the institution caseworker's evaluation and recommendation.
Subp. 2.
Material to be submitted.
The following material shall be submitted to the compact administrator:
C.
three copies of correction form 248 (agreement to return form) signed, dated, and witnessed; and
D.
three copies of case management progress reports, fingerprints, and photos.
On cases already under field services supervision the deputy compact administrator will request the photos, fingerprints, and progress reports from the releasing institution.