HF 2700

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; establishing new 
  1.3             methamphetamine-related crimes; requiring courts to 
  1.4             order restitution in certain situations involving 
  1.5             controlled substances; creating a methamphetamine 
  1.6             awareness and education account; imposing criminal 
  1.7             penalties; appropriating money; proposing coding for 
  1.8             new law in Minnesota Statutes, chapter 152. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  [152.0275] [CERTAIN CONTROLLED SUBSTANCE 
  1.11  OFFENSES; RESTITUTION; PROHIBITIONS ON PROPERTY USE.] 
  1.12     Subdivision 1.  [DEFINITIONS.] As used in this section: 
  1.13     (1) "clandestine lab site" means any structure or 
  1.14  conveyance or outdoor location occupied or affected by 
  1.15  conditions or chemicals, typically associated with a clandestine 
  1.16  drug lab operation; 
  1.17     (2) "emergency response" includes, but is not limited to, 
  1.18  removing and collecting evidence, securing the site, removal, 
  1.19  remediation, and hazardous chemical assessment or inspection of 
  1.20  the site where the relevant offense or offenses took place, 
  1.21  regardless of whether these actions are performed by the public 
  1.22  entities themselves or by private contractors paid by the public 
  1.23  entities, or the property owner; 
  1.24     (3) "remediation" means proper cleanup, treatment, or 
  1.25  containment of hazardous substances or methamphetamine at or in 
  1.26  a clandestine lab site, and may include demolition or disposal 
  1.27  of structures or other property when an assessment so indicates; 
  2.1   and 
  2.2      (4) "removal" means the removal from the clandestine lab 
  2.3   site of precursor or waste chemicals, chemical containers, or 
  2.4   equipment associated with the manufacture, packaging, or storage 
  2.5   of illegal drugs. 
  2.6      Subd. 2.  [RESTITUTION.] A court shall require a person 
  2.7   convicted of manufacturing or attempting to manufacture a 
  2.8   controlled substance or of an illegal activity involving a 
  2.9   precursor substance, where the response to the crime involved an 
  2.10  emergency response, to pay restitution to all public entities 
  2.11  that participated in the response.  The restitution ordered must 
  2.12  cover the reasonable costs of their participation in the 
  2.13  response.  
  2.14     Subd. 3.  [INDIGENCY.] Notwithstanding subdivision 2, if 
  2.15  the court finds that the convicted person is indigent or that 
  2.16  payment of the restitution would create undue hardship for the 
  2.17  convicted person's immediate family, the court may reduce the 
  2.18  amount of restitution to an appropriate level.  
  2.19     Sec. 2.  [152.138] [METHAMPHETAMINE-RELATED CRIMES 
  2.20  INVOLVING CHILDREN AND VULNERABLE ADULTS.] 
  2.21     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
  2.22  the following terms have the meanings given them. 
  2.23     (b) "Chemical substance" means a substance intended to be 
  2.24  used as a precursor in the manufacture of methamphetamine or any 
  2.25  other chemical intended to be used in the manufacture of 
  2.26  methamphetamine. 
  2.27     (c) "Child" means a person under the age of 18 years. 
  2.28     (d) "Methamphetamine paraphernalia" means all equipment, 
  2.29  products, and materials of any kind that are used, intended for 
  2.30  use, or designed for use in manufacturing, injecting, ingesting, 
  2.31  inhaling, or otherwise introducing methamphetamine into the 
  2.32  human body. 
  2.33     (e) "Methamphetamine waste products" means substances, 
  2.34  chemicals, or items of any kind used in the manufacture of 
  2.35  methamphetamine or any part of the manufacturing process, or the 
  2.36  by-products or degradates of manufacturing methamphetamine.  
  3.1      (f) "Vulnerable adult" has the meaning given in section 
  3.2   609.232, subdivision 11. 
  3.3      Subd. 2.  [PROHIBITED CONDUCT.] (a) No person may knowingly 
  3.4   engage in any of the following activities in the presence of a 
  3.5   child or vulnerable adult; in the residence of a child or a 
  3.6   vulnerable adult; in a building, structure, conveyance, or 
  3.7   outdoor location where a child or vulnerable adult might 
  3.8   reasonably be expected to be present; in a room offered to the 
  3.9   public for overnight accommodation; or in any multiple unit 
  3.10  residential building: 
  3.11     (1) manufacturing or attempting to manufacture 
  3.12  methamphetamine; 
  3.13     (2) storing any chemical substance; 
  3.14     (3) storing any methamphetamine waste products; or 
  3.15     (4) storing any methamphetamine paraphernalia. 
  3.16     (b) No person may knowingly cause or permit a child or 
  3.17  vulnerable adult to inhale, be exposed to, have contact with, or 
  3.18  ingest methamphetamine, a chemical substance, or methamphetamine 
  3.19  paraphernalia. 
  3.20     Subd. 3.  [CRIMINAL PENALTY.] A person who violates 
  3.21  subdivision 2 is guilty of a felony and may be sentenced to 
  3.22  imprisonment for not more than five years or to payment of a 
  3.23  fine of not more than $10,000, or both. 
  3.24     Subd. 4.  [MULTIPLE SENTENCES.] Notwithstanding sections 
  3.25  609.035 and 609.04, a prosecution for or conviction under this 
  3.26  section is not a bar to conviction of or punishment for any 
  3.27  other crime committed by the defendant as part of the same 
  3.28  conduct. 
  3.29     Subd. 5.  [CONSECUTIVE SENTENCES.] Notwithstanding any 
  3.30  provision of the sentencing guidelines, the court may provide 
  3.31  that a sentence imposed for a violation of this section shall 
  3.32  run consecutively to any sentence imposed for the intended 
  3.33  criminal act.  A decision of the court to impose consecutive 
  3.34  sentences under this subdivision is not a departure from the 
  3.35  sentencing guidelines. 
  3.36     Subd. 6.  [PROTECTIVE CUSTODY.] (a) A peace officer shall 
  4.1   take any child present in an area where any of the activities 
  4.2   described in subdivision 2, paragraph (a), clauses (1) to (4), 
  4.3   are taking place into protective custody and take the actions 
  4.4   described in paragraphs (b) to (e) under chapter 260C. 
  4.5      (b) The peace officer shall immediately report to the local 
  4.6   welfare agency or agency responsible for assessing or 
  4.7   investigating the report, that the child has been present in a 
  4.8   dangerous methamphetamine-related environment, as required in 
  4.9   section 626.556.  
  4.10     (c) The peace officer shall notify the parent, guardian, or 
  4.11  custodian of a child as soon as possible whenever a child is 
  4.12  taken into custody for shelter care or relative placement.  The 
  4.13  officer taking the child into custody shall determine whether or 
  4.14  not there is reason to believe that disclosure of the shelter 
  4.15  care facility's location to the child's parent, guardian, or 
  4.16  custodian would immediately endanger the health and welfare of 
  4.17  the child.  If there is reason to believe that the child's 
  4.18  health and welfare would be immediately endangered, disclosure 
  4.19  of the location shall not be made.  This determination must be 
  4.20  included in the report made by the officer along with 
  4.21  instructions to the shelter care facility to notify or withhold 
  4.22  notification.  
  4.23     (d) If the peace officer determines that disclosure of the 
  4.24  child's location does not immediately endanger the health and 
  4.25  welfare of the child, the officer shall notify the parent or 
  4.26  custodian that the parent or custodian may request that the 
  4.27  child be placed with a relative or a designated caregiver under 
  4.28  chapter 257B instead of in a shelter care facility.  The officer 
  4.29  also shall give the parent or custodian of the child a list of 
  4.30  names, addresses, and telephone numbers of social services 
  4.31  agencies that offer child welfare services.  If the parent or 
  4.32  custodian was not present when the child was removed from the 
  4.33  residence, the list shall be left with an adult on the premises 
  4.34  or left in a conspicuous place on the premises if no adult is 
  4.35  present.  If the officer has reason to believe the parent or 
  4.36  custodian is not able to read and understand English, the 
  5.1   officer must provide a list that is written in the language of 
  5.2   the parent or custodian.  
  5.3      (e) When a child is taken into custody by a peace officer 
  5.4   under this subdivision, release from detention may be authorized 
  5.5   by the detaining officer, the detaining officer's supervisor, or 
  5.6   the county attorney.  Unless there is reason to believe that the 
  5.7   child would endanger self or others; not return for a court 
  5.8   hearing; run away from the child's parent, guardian, or 
  5.9   custodian; or otherwise not remain in the care or control of the 
  5.10  person whose lawful custody the child is released; or that the 
  5.11  child's health or welfare would be immediately endangered, the 
  5.12  child shall be released to the custody of a parent, guardian, 
  5.13  custodian, or other suitable person.  
  5.14     Subd. 7.  [REPORTING MALTREATMENT OF VULNERABLE ADULT.) (a) 
  5.15  A peace officer shall make a report of maltreatment of a 
  5.16  vulnerable adult if the vulnerable adult is present in an area 
  5.17  where any of the activities described in subdivision 2, 
  5.18  paragraph (a), clauses (1) to (4), are taking place.  The peace 
  5.19  officer shall immediately report to the county common entry 
  5.20  point and indicate if immediate protective services are required 
  5.21  as described in section 626.557, subdivision 9b.  
  5.22     (b) As required in section 626.557, subdivision 9b, law 
  5.23  enforcement is the primary agency to conduct investigations of 
  5.24  any incident when there is reason to believe a crime has been 
  5.25  committed.  Law enforcement shall initiate a response 
  5.26  immediately.  If the common entry point notified a county agency 
  5.27  for adult protective services, law enforcement shall cooperate 
  5.28  with that county agency when both agencies are involved and 
  5.29  shall exchange data to the extent authorized in section 626.557, 
  5.30  subdivision 12b, paragraph (g).  County adult protection shall 
  5.31  initiate a response immediately.  
  5.32     (c) As required in section 626.557, subdivision 10, upon 
  5.33  receipt of a report from the common entry point staff, the 
  5.34  county social service agency shall immediately assess and offer 
  5.35  emergency and continuing protective social services for purposes 
  5.36  of preventing further maltreatment and for safeguarding the 
  6.1   welfare of the maltreated vulnerable adult.  
  6.2      Sec. 3.  [152.185] [METHAMPHETAMINE AWARENESS AND 
  6.3   EDUCATIONAL ACCOUNT.] 
  6.4      Subdivision 1.  [ACCOUNT ESTABLISHED.] The methamphetamine 
  6.5   awareness and educational account is a special revenue account 
  6.6   in the state treasury.  Money in the account is appropriated to 
  6.7   the commissioner of public safety to be used to support projects 
  6.8   relating to educating retailers and the public on the dangers of 
  6.9   methamphetamines and methamphetamine precursor drugs and the 
  6.10  laws and regulations governing their use. 
  6.11     Subd. 2.  [CONTRIBUTIONS.] The state may accept 
  6.12  contributions, gifts, grants, and bequests for deposit into the 
  6.13  fund. 
  6.14     Subd. 3.  [EDUCATIONAL INITIATIVE.] The Department of 
  6.15  Public Safety shall use this fund to develop an educational 
  6.16  initiative addressing methamphetamine, its use and manufacture, 
  6.17  and the impact of methamphetamine-related activities on 
  6.18  children, the environment, and the state's quality of life. 
  6.19     Sec. 4.  [APPROPRIATION.] 
  6.20     $....... is appropriated to the commissioner of public 
  6.21  safety from the methamphetamine awareness and educational 
  6.22  account in the special revenue fund for the fiscal year ending 
  6.23  June 30, 2004, for the methamphetamine retail education program 
  6.24  described in section 3. 
  6.25     Sec. 5.  [EFFECTIVE DATE.] 
  6.26     Sections 1 to 3 are effective August 1, 2004, and apply to 
  6.27  crimes committed on or after that date.