Minnesota Legislature
HF 2953
2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 02/28/2006 | |
| 1st Engrossment | Posted on 04/12/2006 | |
| 2nd Engrossment | Posted on 04/25/2006 |
Current Version - 2nd Engrossment
2.44 2.45
2.46 2.47 2.48 2.49 2.50 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 4.33 4.34 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 5.30 5.31 5.32 5.33 5.34 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 6.33 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 7.32 7.33 7.34 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 8.32 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 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 12.33 12.34 12.35 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
13.33 13.34
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 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 15.32 15.33 15.34 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 16.34 16.35 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 17.34 17.35 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 18.33 18.34 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 19.34 19.35 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 21.31
21.32 21.33
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 22.31 22.32 22.33 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 24.30 24.31 24.32 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 25.33 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 26.31 26.32 26.33 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 27.30 27.31 27.32 27.33 27.34 27.35 27.36 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 28.35 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 29.35 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 30.35 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 31.35 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 32.34
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 33.34 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 34.35 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 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 37.35 37.36 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
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
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 40.31 40.32 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
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 42.31
42.32 42.33
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 43.31 43.32 43.33 43.34 43.35 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 44.33 44.34 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 46.32 46.33 46.34 46.35 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 47.33 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 49.32 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 50.34 50.35 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 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 53.33 53.34 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 54.32 54.33 54.34 54.35 54.36 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 55.30 55.31 55.32 55.33 55.34 55.35 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 56.32 56.33 56.34 56.35 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 58.31 58.32 58.33 58.34 58.35 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 59.32 59.33 59.34 59.35
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 60.34 60.35 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 61.34 61.35 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 62.30 62.31 62.32 62.33 62.34 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 63.30 63.31 63.32 63.33
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 64.31 64.32 64.33 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 65.33 65.34 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 66.31 66.32 66.33 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 67.30 67.31 67.32 67.33 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 68.33 68.34
68.35
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 69.33 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 70.32 70.33 70.34 70.35
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 71.31 71.32 71.33 71.34 71.35 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 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 73.30 73.31 73.32
73.33 73.34
73.35 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 74.32 74.33 74.34 74.35 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 75.32 75.33 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 76.32 76.33 76.34
76.35
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 77.34 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 78.31 78.32 78.33 78.34 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 79.30 79.31 79.32
79.33
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 80.33
80.34
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 81.33 81.34 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 82.32 82.33 82.34 82.35 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 83.33 83.34 83.35 83.36 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 84.30 84.31 84.32 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 86.34
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 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 88.34 88.35 88.36 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
90.32 90.33 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 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
93.33 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 95.32 95.33 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 96.33
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 98.33 98.34 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
100.26 100.27 100.28 100.29 100.30 101.1 101.2
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
101.28 102.1 102.2 102.3 102.4 102.5
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
102.27 102.28 102.29 102.30 103.1 103.2
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
103.19 103.20 103.21 103.22 103.23 103.24 103.25 103.26 103.27 103.28 103.29 103.30 103.31 103.32 104.1 104.2 104.3 104.4 104.5 104.6 104.7 104.8 104.9
104.10
104.11 104.12 104.13 104.14 104.15 104.16 104.17 104.18
104.19
104.20 104.21 104.22 104.23 104.24 104.25 104.26 104.27 104.28 104.29 104.30 104.31 104.32 105.1 105.2 105.3 105.4 105.5 105.6 105.7 105.8 105.9 105.10 105.11 105.12 105.13 105.14 105.15
105.16
105.17 105.18 105.19 105.20 105.21 105.22 105.23 105.24
105.25
105.26 105.27 105.28 105.29 105.30 105.31 105.32 105.33 106.1 106.2 106.3
106.4
106.5 106.6 106.7 106.8 106.9 106.10 106.11 106.12 106.13 106.14 106.15 106.16 106.17 106.18 106.19 106.20 106.21 106.22 106.23 106.24 106.25 106.26 106.27 106.28 106.29 106.30 106.31 106.32 106.33 106.34 107.1 107.2 107.3 107.4 107.5 107.6
107.7
107.8 107.9 107.10 107.11 107.12 107.13 107.14 107.15 107.16 107.17 107.18 107.19 107.20 107.21 107.22 107.23 107.24 107.25 107.26 107.27 107.28 107.29 107.30 107.31 107.32 107.33 107.34 107.35 108.1 108.2
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
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
109.31 109.32 110.1 110.2 110.3 110.4 110.5 110.6 110.7 110.8 110.9 110.10 110.11
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
111.1 111.2 111.3 111.4 111.5 111.6 111.7 111.8 111.9 111.10 111.11 111.12 111.13 111.14 111.15 111.16 111.17 111.18 111.19 111.20 111.21 111.22 111.23 111.24 111.25 111.26 111.27 111.28 111.29 111.30 111.31 111.32 111.33 111.34
111.35
112.1 112.2 112.3 112.4 112.5 112.6 112.7 112.8 112.9 112.10 112.11 112.12 112.13 112.14 112.15 112.16 112.17 112.18 112.19 112.20 112.21 112.22 112.23 112.24 112.25 112.26 112.27 112.28 112.29 112.30 112.31 112.32 112.33 112.34
112.35
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
113.20 113.21 113.22 113.23 113.24 113.25 113.26 113.27 113.28 113.29 113.30 113.31 113.32 114.1 114.2 114.3 114.4 114.5 114.6 114.7 114.8 114.9 114.10 114.11 114.12 114.13 114.14 114.15 114.16 114.17 114.18 114.19 114.20 114.21 114.22 114.23 114.24 114.25 114.26 114.27 114.28 114.29 114.30 114.31 114.32 114.33 114.34 114.35 114.36
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
115.15 115.16 115.17 115.18 115.19 115.20 115.21 115.22 115.23 115.24 115.25 115.26 115.27 115.28 115.29 115.30 115.31 115.32 115.33 116.1 116.2 116.3 116.4 116.5 116.6 116.7 116.8 116.9 116.10 116.11 116.12 116.13 116.14 116.15 116.16 116.17 116.18 116.19 116.20 116.21 116.22 116.23 116.24 116.25 116.26 116.27 116.28 116.29 116.30 116.31 116.32 116.33 116.34 116.35 116.36 117.1 117.2 117.3 117.4 117.5 117.6 117.7 117.8 117.9 117.10 117.11 117.12 117.13 117.14 117.15 117.16 117.17 117.18 117.19 117.20 117.21 117.22 117.23 117.24 117.25 117.26 117.27 117.28 117.29 117.30 117.31 117.32 117.33 117.34 117.35 117.36 118.1 118.2 118.3 118.4 118.5 118.6 118.7 118.8 118.9 118.10 118.11 118.12 118.13 118.14 118.15 118.16 118.17 118.18 118.19 118.20 118.21 118.22
118.23
118.24 118.25 118.26 118.27 118.28 118.29 118.30 118.31 118.32 118.33 118.34 119.1 119.2 119.3 119.4 119.5 119.6 119.7 119.8 119.9
119.10
119.11 119.12 119.13 119.14 119.15 119.16 119.17 119.18 119.19 119.20 119.21 119.22 119.23 119.24 119.25 119.26 119.27 119.28 119.29 119.30 119.31 119.32 119.33 119.34
120.1
120.2 120.3 120.4 120.5 120.6 120.7 120.8
120.9
120.10 120.11 120.12 120.13 120.14 120.15 120.16 120.17 120.18 120.19 120.20 120.21 120.22 120.23 120.24 120.25 120.26 120.27 120.28 120.29 120.30 120.31 120.32 120.33
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
121.30 121.31 121.32 121.33 121.34 122.1 122.2 122.3 122.4 122.5 122.6 122.7 122.8
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
122.23 122.24 122.25 122.26 122.27 122.28 122.29 122.30 122.31 122.32 122.33 123.1 123.2
123.3
123.4 123.5 123.6 123.7 123.8 123.9 123.10 123.11 123.12 123.13
123.14
123.15 123.16 123.17 123.18 123.19 123.20 123.21 123.22 123.23 123.24 123.25 123.26 123.27 123.28 123.29 123.30 123.31 123.32 124.1 124.2
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
124.26 124.27 124.28 124.29 124.30 124.31 124.32 124.33 125.1 125.2 125.3
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
125.31
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
126.26 126.27 126.28 126.29 126.30 126.31 126.32 126.33 127.1 127.2 127.3 127.4 127.5 127.6 127.7 127.8 127.9 127.10 127.11 127.12 127.13 127.14 127.15 127.16 127.17 127.18 127.19 127.20 127.21 127.22 127.23 127.24 127.25 127.26 127.27 127.28 127.29 127.30 127.31 127.32 127.33 127.34 127.35 127.36 128.1 128.2 128.3 128.4 128.5 128.6 128.7
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
128.26 128.27 128.28 128.29 128.30 128.31 128.32 129.1 129.2
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
129.24 129.25 129.26 129.27 129.28 129.29 129.30 129.31 129.32 130.1 130.2 130.3 130.4 130.5 130.6 130.7 130.8 130.9 130.10
130.11
130.12 130.13 130.14 130.15 130.16 130.17 130.18 130.19 130.20 130.21 130.22 130.23 130.24 130.25 130.26 130.27 130.28 130.29 130.30 130.31
130.32
130.33 131.1 131.2
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
131.23 131.24 131.25 131.26 131.27 131.28 131.29 132.1 132.2 132.3 132.4 132.5 132.6 132.7 132.8 132.9 132.10 132.11 132.12 132.13 132.14 132.15 132.16 132.17 132.18 132.19 132.20 132.21 132.22 132.23 132.24 132.25 132.26 132.27 132.28 132.29 132.30 132.31
132.32
132.33 132.34 133.1 133.2 133.3 133.4 133.5 133.6 133.7 133.8 133.9 133.10 133.11 133.12 133.13
133.14
133.15 133.16 133.17 133.18 133.19 133.20 133.21 133.22 133.23 133.24 133.25 133.26 133.27 133.28 133.29 133.30 133.31 133.32 133.33 133.34 133.35 134.1 134.2 134.3 134.4 134.5 134.6 134.7 134.8 134.9 134.10 134.11 134.12 134.13 134.14 134.15 134.16 134.17 134.18 134.19 134.20
134.21
134.22 134.23 134.24 134.25 134.26 134.27 134.28 134.29 134.30 134.31 134.32 134.33 134.34 134.35
135.1 135.2 135.3 135.4
135.5
135.6 135.7
135.8 135.9 135.10 135.11 135.12 135.13 135.14 135.15 135.16 135.17 135.18 135.19 135.20 135.21 135.22 135.23 135.24 135.25 135.26 135.27 135.28 135.29 135.30 135.31 135.32 135.33 135.34 136.1 136.2
136.3 136.4 136.5 136.6 136.7 136.8 136.9 136.10 136.11 136.12 136.13 136.14 136.15 136.16 136.17 136.18 136.19 136.20 136.21 136.22 136.23 136.24 136.25 136.26 136.27 136.28 136.29 136.30 136.31 136.32 136.33 136.34 137.1 137.2 137.3 137.4 137.5 137.6 137.7 137.8 137.9 137.10 137.11
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
137.29 137.30 137.31 137.32 137.33 137.34 138.1 138.2 138.3 138.4 138.5 138.6 138.7 138.8 138.9 138.10 138.11 138.12 138.13 138.14 138.15 138.16 138.17 138.18 138.19 138.20 138.21 138.22 138.23 138.24 138.25 138.26 138.27 138.28
138.29 138.30 138.31 138.32 138.33 138.34 138.35 139.1 139.2 139.3 139.4 139.5 139.6 139.7 139.8 139.9 139.10 139.11 139.12 139.13 139.14 139.15
139.16 139.17
139.18 139.19 139.20 139.21 139.22 139.23 139.24 139.25 139.26 139.27 139.28 139.29 139.30 139.31 139.32 139.33 139.34 139.35 140.1 140.2 140.3 140.4 140.5 140.6 140.7 140.8 140.9 140.10 140.11
140.12
140.13 140.14 140.15 140.16 140.17 140.18 140.19 140.20 140.21 140.22 140.23 140.24 140.25 140.26 140.27 140.28 140.29 140.30 140.31 140.32 140.33 141.1 141.2
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
141.32
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
142.24 142.25 142.26 142.27 142.28 142.29 142.30 142.31
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
143.19 143.20 143.21 143.22 143.23 143.24 143.25 143.26 143.27 143.28 143.29 143.30 143.31 143.32 144.1 144.2 144.3 144.4 144.5 144.6 144.7 144.8 144.9 144.10 144.11 144.12 144.13 144.14 144.15 144.16 144.17
144.18
144.19 144.20 144.21 144.22 144.23 144.24 144.25 144.26 144.27 144.28 144.29 144.30 144.31 144.32 144.33 144.34 144.35 145.1 145.2 145.3 145.4 145.5 145.6 145.7 145.8 145.9 145.10 145.11 145.12 145.13 145.14 145.15 145.16 145.17 145.18 145.19 145.20 145.21 145.22 145.23 145.24 145.25 145.26 145.27 145.28 145.29 145.30 145.31 145.32 145.33 145.34 145.35 145.36 146.1 146.2 146.3 146.4 146.5 146.6 146.7 146.8 146.9 146.10 146.11 146.12 146.13 146.14 146.15 146.16 146.17 146.18 146.19 146.20 146.21 146.22 146.23 146.24 146.25 146.26 146.27 146.28 146.29 146.30 146.31 146.32 146.33 146.34 146.35 147.1 147.2 147.3 147.4 147.5 147.6 147.7 147.8 147.9 147.10 147.11 147.12 147.13 147.14 147.15 147.16 147.17 147.18 147.19 147.20 147.21 147.22 147.23 147.24 147.25 147.26 147.27 147.28 147.29 147.30 147.31 147.32 147.33 147.34 147.35 147.36 148.1 148.2 148.3 148.4 148.5 148.6 148.7 148.8 148.9 148.10 148.11 148.12 148.13 148.14 148.15 148.16 148.17 148.18 148.19 148.20 148.21 148.22 148.23 148.24 148.25 148.26 148.27 148.28 148.29 148.30 148.31 148.32 148.33 148.34 148.35 149.1 149.2 149.3 149.4 149.5 149.6 149.7 149.8 149.9 149.10 149.11 149.12 149.13 149.14 149.15 149.16 149.17 149.18 149.19 149.20 149.21 149.22 149.23 149.24 149.25 149.26 149.27 149.28 149.29 149.30 149.31 149.32 149.33 149.34 149.35 149.36 150.1 150.2 150.3 150.4 150.5 150.6 150.7 150.8 150.9 150.10 150.11 150.12 150.13 150.14 150.15 150.16 150.17 150.18 150.19 150.20 150.21 150.22 150.23 150.24 150.25 150.26 150.27 150.28 150.29 150.30 150.31 150.32 150.33 150.34 150.35 150.36 151.1 151.2 151.3 151.4 151.5 151.6 151.7 151.8 151.9 151.10 151.11 151.12 151.13 151.14 151.15 151.16
151.17
151.18 151.19 151.20 151.21 151.22 151.23 151.24 151.25 151.26 151.27 151.28 151.29 151.30 151.31 151.32 151.33 151.34 152.1 152.2 152.3 152.4 152.5 152.6 152.7 152.8 152.9 152.10 152.11 152.12 152.13 152.14 152.15 152.16 152.17 152.18 152.19 152.20 152.21 152.22 152.23 152.24 152.25 152.26 152.27 152.28 152.29 152.30 152.31 152.32 152.33 152.34 152.35 153.1 153.2 153.3 153.4 153.5 153.6 153.7 153.8
153.9
153.10 153.11 153.12 153.13 153.14 153.15 153.16 153.17 153.18 153.19 153.20 153.21 153.22 153.23 153.24 153.25 153.26 153.27 153.28 153.29 153.30 153.31 153.32 153.33 153.34 154.1 154.2
154.3 154.4
154.5 154.6
154.7 154.8 154.9 154.10 154.11 154.12 154.13 154.14 154.15 154.16 154.17 154.18 154.19 154.20 154.21 154.22 154.23 154.24 154.25 154.26 154.27 154.28 154.29 154.30 154.31 154.32 154.33 154.34 155.1 155.2 155.3 155.4 155.5 155.6 155.7 155.8 155.9
155.10 155.11
155.12 155.13 155.14 155.15 155.16 155.17 155.18 155.19
155.20 155.21
155.22 155.23 155.24 155.25 155.26 155.27 155.28 155.29 155.30 155.31 155.32 156.1 156.2 156.3
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
156.31 156.32 156.33 157.1 157.2 157.3 157.4 157.5 157.6 157.7
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
157.28 157.29 157.30 157.31 158.1 158.2 158.3 158.4
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
158.20 158.21 158.22 158.23 158.24 158.25 158.26 158.27 158.28 158.29 158.30 159.1 159.2 159.3
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
159.27 159.28 159.29 159.30 159.31 159.32 159.33 160.1 160.2
160.3 160.4
160.5 160.6
160.7 160.8 160.9 160.10 160.11 160.12 160.13 160.14 160.15 160.16 160.17 160.18 160.19 160.20 160.21 160.22 160.23 160.24 160.25 160.26 160.27 160.28 160.29 160.30 160.31 160.32 161.1 161.2 161.3 161.4 161.5 161.6 161.7 161.8 161.9
A bill for an act
relating to public safety; appropriating money for the courts, public safety,
corrections, and other criminal justice agencies; establishing, funding, modifying,
and regulating public safety, criminal justice, judiciary, law enforcement,
corrections, and crime victim services, policies, programs, duties, activities,
or practices; creating crimes; establishing illegal immigration policies and
programs; establishing a fire safety account; providing procedures for protection
of peace officers exposed to bloodborne pathogens; removing obsolete provisions
involving county and municipal courts; modifying emergency communication
provisions; establishing a special crimes unit to implement an illegal immigration
enforcement strategy; requiring maintenance of immigration data in the Bureau
of Criminal Apprehension's criminal history database; requiring employer fines
for hiring illegal immigrants; creating computer crimes; requiring the secretary
of state to develop and implement an address confidentiality program; modifying
financing statement requirements and providing for civil and criminal liability;
creating a crime of fraudulent identity documents; requiring studies and reports;
imposing criminal and civil penalties; amending Minnesota Statutes 2004,
sections 13.82, by adding a subdivision; 13.84, subdivisions 1, 2; 13.87, by
adding a subdivision; 43A.08, subdivision 1; 48A.10, subdivision 3; 144.445,
subdivision 1; 152.01, subdivision 18; 152.093; 152.18, subdivision 1; 169.13;
169A.24, subdivision 1; 181.973; 219.97, subdivision 13; 237.49; 253B.02,
subdivision 2; 260C.163, subdivision 3; 297I.30, by adding a subdivision;
299C.095, subdivision 2; 299C.10, by adding a subdivision; 299E.01, subdivision
2; 299F.011, subdivision 5; 346.09, subdivision 1; 346.155, subdivisions 1, 4, 5,
10, by adding a subdivision; 347.04; 358.41; 358.42; 358.47; 358.50; 359.01, by
adding a subdivision; 359.03, subdivision 3, by adding a subdivision; 359.04;
359.05; 359.085; 375A.13, subdivision 1; 383B.65, subdivision 2; 390.20;
390.33, subdivision 2; 403.02, by adding a subdivision; 403.08, subdivision
7; 403.11, subdivisions 3b, 3c; 403.113, subdivision 3; 403.21, subdivisions
2, 7, 9; 403.33; 403.34; 403.36, subdivision 1f; 480.181, subdivisions 1, 2;
480.182; 484.01, subdivision 1; 484.011; 484.012; 484.45; 484.54, subdivision
3; 484.545, subdivision 1; 484.64, subdivision 3; 484.65, subdivision 3; 484.68,
subdivision 1; 484.702, subdivision 5; 485.018, subdivision 5; 485.021; 485.11;
488A.03, subdivisions 6, 11; 517.041; 518.157, subdivision 2; 518B.01, by
adding a subdivision; 525.9214; 546.27, subdivision 2; 595.02, subdivision 1;
609.101, subdivision 4; 609.102, subdivision 2; 609.11, subdivision 7; 609.2231,
subdivisions 4, 6; 609.2242, subdivision 4; 609.233, subdivision 1, by adding
a subdivision; 609.341, by adding a subdivision; 609.344, subdivision 1;
609.345, subdivision 1; 609.495, by adding a subdivision; 609.52, subdivision
3; 609.527, by adding a subdivision; 609.595, subdivisions 1, 1a, 2; 609.652,
subdivisions 1, 2, 3; 609.87, subdivisions 1, 11, by adding subdivisions; 609.891,
subdivisions 1, 3; 611.14; 611.16; 611.18; 611.25, subdivision 1; 611.26,
subdivision 6; 611A.0315; 617.246, by adding a subdivision; 617.247, by adding
a subdivision; 624.22, subdivision 8; 626.77, subdivision 3; 629.74; 631.425,
subdivision 3; 641.25; Minnesota Statutes 2005 Supplement, sections 171.05,
subdivision 2b; 171.055, subdivision 2; 243.166, subdivisions 1b, 4, 4b, 6;
244.052, subdivision 4; 244.055, subdivision 10; 244.10, subdivisions 5, 6, 7;
299A.78; 299C.10, subdivision 1; 299C.11, subdivision 1; 299C.40, subdivision
1; 299C.65, subdivision 2; 403.025, subdivision 7; 403.05, subdivision 3;
403.11, subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21, subdivision
8; 403.36, subdivision 1; 485.01; 485.03; 485.05; 518B.01, subdivision 22;
609.02, subdivision 16; 609.1095, subdivision 4; 609.282; 609.283; 609.3455,
subdivisions 4, 8, by adding a subdivision; 609.527, subdivision 1; Laws 2002,
chapter 266, section 1, as amended; Laws 2005, chapter 136, article 1, sections
10; 13, subdivision 3; article 16, sections 3; 4; 5; 6; proposing coding for new
law in Minnesota Statutes, chapters 4; 144; 152; 181; 241; 243; 297I; 299A;
299C; 299F; 325F; 340A; 387; 484; 545; 604; 609; 626; proposing coding
for new law as Minnesota Statutes, chapter 5B; repealing Minnesota Statutes
2004, sections 152.094; 297I.05, subdivision 6; 403.08, subdivision 8; 403.22;
403.23; 403.24; 403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, 3; 403.30,
subdivisions 2, 4; 403.35; 484.013, subdivision 8; 484.545, subdivisions 2, 3;
484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, 8; 485.12;
487.01; 487.02; 487.03; 487.04; 487.07; 487.10, subdivisions 1, 4; 487.13;
487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191; 487.20, subdivision
1; 487.21, subdivisions 1, 2, 4; 487.23, subdivisions 1, 2, 3, 7a, 7b; 487.24;
487.25, subdivision 6; 487.26, subdivisions 2, 6; 487.27, subdivision 1; 487.28,
subdivision 1; 487.29; 487.31, subdivision 1; 487.32, subdivision 3; 487.33,
subdivisions 2, 6; 487.34; 487.36; 487.37; 487.38; 487.40, subdivisions 1,
1a; 488A.01, subdivisions 1, 4a, 12, 14, 15; 488A.021; 488A.025; 488A.03,
subdivisions 11a, 11b; 488A.035; 488A.04; 488A.08; 488A.09, subdivisions 1,
2, 3, 7; 488A.10, subdivisions 6, 11; 488A.101; 488A.11; 488A.112; 488A.113;
488A.115; 488A.116; 488A.119; 488A.18, subdivisions 1, 4, 14; 488A.19,
subdivisions 1, 3; 488A.20, subdivisions 1, 4; 488A.21; 488A.23; 488A.24;
488A.26, subdivisions 1, 2; 488A.27, subdivision 6; 488A.28; 488A.282;
488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013; 525.014; 525.015;
525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08; 525.081;
525.082; 525.09; 525.091; 525.092; 525.095; 525.101; 525.103; 525.11; 525.111;
525.112; 525.113; 542.14; 549.05; 609.108, subdivision 5; 609.109, subdivisions
1, 3; 625.09; Minnesota Statutes 2005 Supplement, sections 353.027; 485.03;
609.108, subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 2, 4, 5, 6.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PUBLIC SAFETY SUPPLEMENTAL APPROPRIATIONS
Section 1. new text begin SUPPLEMENTAL APPROPRIATIONS.
new text end
new text begin
The appropriations in this act are added to or, if shown in parentheses, subtracted
from the appropriations enacted into law by the legislature in 2005, or other specified law,
to the named agencies and for the specified programs or activities. The sums shown are
appropriated from the general fund, or another named fund, to be available for the fiscal
years indicated: 2006 is the fiscal year ending June 30, 2006; 2007 is the fiscal year
ending June 30, 2007; and the biennium is fiscal years 2006 and 2007. Supplementary
appropriations and reductions to appropriations for the fiscal year ending June 30, 2006,
are effective the day following final enactment.
new text end
Sec. 2. new text begin SUPREME COURT
|
new text begin
-0- new text end |
new text begin
125,000 new text end |
||||
new text begin
In fiscal year 2007, $125,000 is appropriated
from the general fund to the Supreme Court
for the first phase of a judicial initiative
to more effectively address the increasing
numbers of alcohol and other drug (AOD)
offenders coming into Minnesota courts,
including the increase in methamphetamine
offenders. This is a onetime appropriation
and is available until June 30, 2007.
new text end
Sec. 3. new text begin BOARD OF JUDICIAL
|
new text begin
172,000 new text end |
new text begin
-0- new text end |
||||
new text begin
In fiscal year 2006, $172,000 is appropriated
to the Board on Judicial Standards from the
general fund for costs of special hearings
and an investigation regarding complaints
of judicial misconduct. This is a onetime
appropriation and is available until June 30,
2007.
new text end
Sec. 4. new text begin PUBLIC SAFETY
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
284,000 new text end |
new text begin
1,045,000 new text end |
||||
new text begin
These appropriations are added to
appropriations in Laws 2005, chapter 136,
article 1, section 9. The amounts that may
be spent from this appropriation for each
program are specified in subdivisions 2, 3,
and 4.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
284,000 new text end |
new text begin
52,000 new text end |
||||
new text begin
The fiscal year 2006 appropriation is to
provide matching funds for FEMA funds
received for natural disaster assistance
payments. This appropriation is available
on the day after enactment and is available
until June 30, 2007. This is a onetime
appropriation.
new text end
new text begin
$52,000 in fiscal year 2007 is for grants to
municipalities whose bomb squads provide
out-of-area assistance to other jurisdictions
under Minnesota Statutes, section 299C.063.
Of this amount, $45,000, in equal amounts of
$15,000 per city, is for grants to the cities of
Minneapolis, St. Paul, and Bloomington, and
$7,500 is for a grant to the city of Brainerd
and Crow Wing County. This is a onetime
appropriation.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal Apprehension
|
new text begin
-0- new text end |
new text begin
798,000 new text end |
||||
new text begin
$656,000 is to create the Special Crimes Unit.
The commissioner shall develop, and use the
unit to implement, an illegal immigration
enforcement strategy for state and local law
enforcement agencies. The unit shall focus
its time and resources on felony-level crimes
involving the illegal immigrant community
and felony-level crimes that target the
immigrant community. The base for this
activity shall be $656,000 in fiscal year 2008
and fiscal year 2009. The commissioner
shall consider assigning members of the
unit to (1) serve as a training officer and
liaison to local law enforcement; (2) serve
on federal immigration and terrorism task
forces; (3) investigate crimes involving false
identification, fraud, and human trafficking;
and (4) work in field offices located in or
near communities with large immigrant
populations.
new text end
new text begin
$100,000 is for the enhancement of the
predatory offender database to facilitate
public notification of noncompliant sex
offenders via the Internet. The base for this
activity shall be $116,000 in fiscal year 2008
and fiscal year 2009.
new text end
new text begin
$42,000 is for the Bureau of Criminal
Apprehension to conduct background checks
requested by organizations that provide
mentoring services. An organization may
request a criminal background check on
persons volunteering to become a mentor
under the organization's supervision.
new text end
new text begin
"Mentoring" means a commitment between
an adult and youth focused on developing
the character and capabilities of the young
person and involving regular, personal, or
face-to-face meetings. This is a onetime
appropriation and is available until June 30,
2007.
new text end
new text begin Subd. 4. new text end
new text begin
Office of Justice Programs
|
new text begin
-0- new text end |
new text begin
195,000 new text end |
||||
new text begin
$80,000 is for a grant to Ramsey County
for implementation of the safe harbor for
sexually exploited youth pilot project. The
project shall develop a victim services model
to address the needs of sexually exploited
youth. The project must focus on intervention
and prevention methods; training for law
enforcement, educators, social services
providers, health care workers, advocates,
court officials, prosecutors, and public
defenders; and programs promoting positive
outcomes for victims. The project must
include development and implementation of
a statewide model protocol for intervention
and response methods for professionals,
individuals, and agencies that may encounter
sexually exploited youth. "Sexually
exploited youth" include juvenile runaways,
truants, and victims of criminal sexual
conduct, prostitution, labor trafficking, sex
trafficking, domestic abuse, and assault.
This is a onetime appropriation. By January
15, 2008, Ramsey County shall report to
the chairs and ranking minority members
of the senate and house divisions having
jurisdiction over criminal justice funding and
policy on the results of the pilot project.
new text end
new text begin
$40,000 is to be distributed to Victim
Intervention Program, Inc. The appropriation
is available for the biennium ending June 30,
2007. This is a onetime appropriation.
new text end
new text begin
$75,000 is to implement Minnesota Statutes,
sections 299A.78 to 299A.7955, relating to
the human trafficking task force and plan.
This is a onetime appropriation.
new text end
Sec. 5. new text begin CORRECTIONS
|
||||||
new text begin Subdivision 1. new text end
new text begin
Total Appropriations
|
new text begin
5,000 new text end |
new text begin
4,577,000 new text end |
||||
new text begin
These amounts are added to the
appropriations in Laws 2005, chapter
136, article 1, section 13.
new text end
new text begin Subd. 2. new text end
new text begin
Correctional Institutions
|
new text begin
(366,000) new text end |
new text begin
3,364,000 new text end |
||||
new text begin
$42,000 in fiscal year 2007 is for the bed
impact of article 2, section 12.
new text end
new text begin Subd. 3. new text end
new text begin
Community Services
|
new text begin
371,000 new text end |
new text begin
1,213,000 new text end |
||||
new text begin
$300,000 in fiscal year 2007 is for a grant
to an organization for implementation of
a pilot project that focuses on offender
reentry programs. The pilot project must
develop a comprehensive statewide model
for transitioning offenders from incarceration
to the community to reduce recidivism
rates. The organization must be licensed
by the Department of Human Services to
provide chemical dependency treatment
and aftercare. The grant recipient shall
report to the commissioner by June 30,
2007, on the development of the statewide
model. The commissioner shall submit a
report to the chairs and ranking minority
members of the house of representatives and
senate committees having jurisdiction over
public safety by November 1, 2007. The
commissioner's report must explain how the
grant proceeds were used and evaluate the
effectiveness of the pilot project funded by
the grant.
new text end
new text begin
$21,000 in fiscal year 2007 is appropriated
from the general fund to the commissioner
of corrections for a validation and reliability
study of the use of the Static-99, Rapid Risk
Assessment for Sexual Offense Recidivism
and the Minnesota Sex Offender Screening
Tool-Revised in predicting the risk of
reoffense among Minnesota offenders
sentenced to probation. This appropriation is
available for the biennium ending June 30,
2007. This is a onetime appropriation.
new text end
new text begin
The base for community services is increased
by $196,000 beginning in fiscal year 2008 for
the addition to the Community Corrections
Act of Scott County. The funding shall be
distributed according to the community
corrections aid formula contained in
Minnesota Statutes, section 401.10.
new text end
Sec. 6. new text begin SECRETARY OF STATE
|
new text begin
-0- new text end |
new text begin
50,000 new text end |
||||
new text begin
This appropriation is to develop and
implement an address confidentiality
program. This is a onetime appropriation.
new text end
Sec. 7.
Laws 2005, chapter 136, article 1, section 10, is amended to read:
| Sec. 10. PEACE OFFICER STANDARDS AND TRAINING BOARD (POST) |
4,154,000 |
deleted text begin
4,014,000 deleted text end new text begin 4,114,000 new text end |
||||
EXCESS AMOUNTS TRANSFERRED.
This appropriation is from the peace officer
training account in the special revenue fund.
Any new receipts credited to that account in
the first year in excess of $4,154,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account
in the second year in excess of deleted text begin $4,014,000deleted text end new text begin
$4,114,000new text end must be transferred and credited
to the general fund.
TECHNOLOGY IMPROVEMENTS.
$140,000 the first year is for technology
improvements.
PEACE OFFICER TRAINING
REIMBURSEMENT. deleted text begin $2,909,000 each year
is deleted text end new text begin $2,909,000 the first year and $3,009,000
the second year are new text end for reimbursements to
local governments for peace officer training
costs.new text begin The base for this appropriation shall
be $3,626,000 in fiscal year 2008 and fiscal
year 2009. new text end
Sec. 8.
Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to read:
Subd. 3. Community Services
|
103,556,000 |
103,369,000 |
||||
| Summary by Fund |
||
| General Fund |
103,456,000 |
103,269,000 |
| Special Revenue |
100,000 |
100,000 |
SHORT-TERM OFFENDERS. $1,207,000
each year is for costs associated with the
housing and care of short-term offenders.
The commissioner may use up to 20 percent
of the total amount of the appropriation
for inpatient medical care for short-term
offenders with less than six months to
serve as affected by the changes made to
Minnesota Statutes, section 609.105, in
2003. All funds remaining at the end of
the fiscal year not expended for inpatient
medical care shall be added to and distributed
with the housing funds. These funds shall
be distributed proportionately based on the
total number of days short-term offenders are
placed locally, not to exceed $70 per day.
Short-term offenders may be housed in a
state correctional facility at the discretion of
the commissioner.
The Department of Corrections is exempt
from the state contracting process for the
purposes of Minnesota Statutes, section
609.105, as amended by Laws 2003, First
Special Session chapter 2, article 5, sections
7 to 9.
GPS MONITORING OF SEX
OFFENDERS. $500,000 the first
year and $162,000 the second year are for the
acquisition and service of bracelets equipped
with tracking devices designed to track
and monitor the movement and location of
criminal offenders. The commissioner shall
use the bracelets to monitor high-risk sex
offenders who are on supervised release,
conditional release, parole, or probation to
help ensure that the offenders do not violate
conditions of their release or probation.
END OF CONFINEMENT REVIEWS.
$94,000 each year is for end of confinement
reviews.
COMMUNITY SURVEILLANCE AND
SUPERVISION. $1,370,000 each year is
to provide housing options to maximize
community surveillance and supervision.
INCREASE IN INTENSIVE
SUPERVISED RELEASE SERVICES.
$1,800,000 each year is to increase intensive
supervised release services.
SEX OFFENDER ASSESSMENT
REIMBURSEMENTS. $350,000 each year
is to deleted text begin provide grants todeleted text end new text begin reimbursenew text end counties deleted text begin for
reimbursementsdeleted text end new text begin , their designees, or courtsnew text end
for sex offender assessments as required
under Minnesota Statutes, section 609.3452,
subdivision 1, which is being renumbered as
section 609.3457.
SEX OFFENDER TREATMENT AND
POLYGRAPHS. $1,250,000 each year
is to provide treatment for sex offenders
on community supervision and to pay for
polygraph testing.
INCREASED SUPERVISION OF SEX
OFFENDERS, DOMESTIC VIOLENCE
OFFENDERS, AND OTHER VIOLENT
OFFENDERS. $1,500,000 each year is for
the increased supervision of sex offenders
and other violent offenders, including
those convicted of domestic abuse. These
appropriations may not be used to supplant
existing state or county probation officer
positions.
The commissioner shall distribute $1,050,000
in grants each year to Community Corrections
Act counties and $450,000 each year to the
Department of Corrections Probation and
Supervised Release Unit. The commissioner
shall distribute the funds to the Community
Corrections Act counties according to the
formula contained in Minnesota Statutes,
section 401.10.
Prior to the distribution of these funds, each
Community Corrections Act jurisdiction and
the Department of Corrections Probation
and Supervised Release Unit shall submit
to the commissioner an analysis of need
along with a plan to meet their needs and
reduce the number of sex offenders and other
violent offenders, including domestic abuse
offenders, on probation officer caseloads.
COUNTY PROBATION OFFICERS.
$500,000 each year is to increase county
probation officer reimbursements.
INTENSIVE SUPERVISION AND
AFTERCARE FOR CONTROLLED
SUBSTANCES OFFENDERS; REPORT.
$600,000 each year is for intensive
supervision and aftercare services for
controlled substances offenders released
from prison under Minnesota Statutes,
section 244.055. These appropriations are
not added to the department's base budget.
By January 15, 2008, the commissioner
shall report to the chairs and ranking
minority members of the senate and house
of representatives committees and divisions
having jurisdiction over criminal justice
policy and funding on how this appropriation
was spent.
REPORT ON ELECTRONIC
MONITORING OF SEX OFFENDERS.
By March 1, 2006, the commissioner shall
report to the chairs and ranking minority
members of the senate and house of
representatives committees and divisions
having jurisdiction over criminal justice
policy and funding on implementing an
electronic monitoring system for sex
offenders who are under community
supervision. The report must address the
following:
(1) the advantages and disadvantages in
implementing this system, including the
impact on public safety;
(2) the types of sex offenders who should be
subject to the monitoring;
(3) the time period that offenders should be
subject to the monitoring;
(4) the financial costs associated with the
monitoring and who should be responsible
for these costs; and
(5) the technology available for the
monitoring.
ARTICLE 2
GENERAL CRIMINAL AND SENTENCING PROVISIONS
Section 1.
Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is
amended to read:
Subd. 5.
Procedures in cases where state intends to seek an aggravated
departure.
(a) When the prosecutor provides reasonable notice under subdivision 4, the
district court shall allow the state to prove beyond a reasonable doubt to a jury of 12
members the factors in support of the state's request for an aggravated departure from
the Sentencing Guidelines new text begin or the state's request for an aggravated sentence under any
sentencing enhancement statute or the state's request for a mandatory minimum under
section 609.11 new text end as provided in paragraph (b) or (c).
(b) The district court shall allow a unitary trial and final argument to a jury regarding
both evidence in support of the elements of the offense and evidence in support of
aggravating factors when the evidence in support of the aggravating factors:
(1) would be admissible as part of the trial on the elements of the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be determined by use of a special
verdict form.
Upon the request of the prosecutor, the court shall allow bifurcated argument and
jury deliberations.
(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury,
to allow for the production of evidence, argument, and deliberations on the existence of
factors in support of an aggravated departure after the return of a guilty verdict when the
evidence in support of an aggravated departure:
(1) includes evidence that is otherwise inadmissible at a trial on the elements of
the offense; and
(2) would result in unfair prejudice to the defendant.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to sentencing hearings and sentencing departures sought on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 244.10, subdivision 6, is
amended to read:
Subd. 6.
Defendants to present evidence and argument.
In either a unitary or
bifurcated trial under subdivision 5, a defendant shall be allowed to present evidence
and argument to the jury or factfinder regarding whether facts exist that would justify
an aggravated deleted text begin durationaldeleted text end departurenew text begin or an aggravated sentence under any sentencing
enhancement statute or a mandatory minimum sentence under section 609.11new text end . A defendant
is not allowed to present evidence or argument to the jury or factfinder regarding facts in
support of a mitigated departure during the trial, but may present evidence and argument
in support of a mitigated departure to the judge as factfinder during a sentencing hearing.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to sentencing hearings and sentencing departures sought on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 244.10, subdivision 7, is
amended to read:
Subd. 7.
Waiver of jury determination.
The defendant may waive the right to a
jury determination of whether facts exist that would justify an aggravated sentence. Upon
receipt of a waiver of a jury trial on this issue, the district court shall determine beyond
a reasonable doubt whether the factors in support of the state's motion for aggravated
departure new text begin or an aggravated sentence under any sentencing enhancement statute or a
mandatory minimum sentence under section 609.11 new text end exist.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to sentencing hearings and sentencing departures sought on or after that date.
new text end
Sec. 4.
new text begin
[325F.695] CUSTOMER SALES OR SERVICE CALL CENTER
REQUIREMENTS.
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 meanings given them.
new text end
new text begin
(1) "Customer sales and service call center" means an entity whose primary purpose
includes the initiating or receiving of telephonic communications on behalf of any person
for the purpose of initiating telephone solicitations as defined in section 325E.311,
subdivision 6.
new text end
new text begin
(2) "Customer service call center" means an entity whose primary purpose includes
the initiating or receiving of telephonic communications on behalf of any person for the
purposes of providing or receiving services or information necessary in connection with
the providing of services or other benefits.
new text end
new text begin
(3) "Customer services employee" means a person employed by or working on
behalf of a customer sales call center or a customer service call center.
new text end
new text begin Subd. 2. new text end Customers' right to customer sales or customer service call center
information. new text begin (a) Any person who receives a telephone call from, or places a telephone
call to, a customer sales call center or a customer service call center, upon request, has
the right to know the identification of the state or country where the customer service
employee is located.
new text end
new text begin
(b) A person who receives a telephone solicitation from, or places a telephone call to,
a customer sales call center or a customer service call center located in a foreign country,
which requests the person's financial, credit, or identifying information, shall have the
right to request an alternative option to contact a customer sales and service center located
in the United States before the information is given if the alternative option is available.
new text end
new text begin Subd. 3. new text end
new text begin Violation. new text end
new text begin
It is fraud under section 325F.69 for a person to willfully
violate this section.
new text end
new text begin Subd. 4. new text end
new text begin Application to other remedies. new text end
new text begin
Nothing in this section changes the
remedies currently available under state or federal law or creates additional or new
remedies.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to
offenses committed on or after that date.
new text end
Sec. 5.
new text begin
[340A.706] ALCOHOL WITHOUT LIQUID DEVICES PROHIBITED.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, an "alcohol without liquid
device" is a device, machine, apparatus, or appliance that mixes an alcoholic beverage
with pure or diluted oxygen to produce an alcohol vapor that may be inhaled by an
individual. An "alcohol without liquid device" does not include an inhaler, nebulizer,
atomizer, or other device that is designed and intended specifically for medical purposes
to dispense prescribed or over-the-counter medications.
new text end
new text begin Subd. 2. new text end
new text begin Prohibition. new text end
new text begin
Except as provided in subdivision 3, it is unlawful for any
person or business establishment to possess, purchase, sell, offer to sell, or use an alcohol
without liquid device.
new text end
new text begin Subd. 3. new text end
new text begin Research exemption. new text end
new text begin
This section does not apply to a hospital that
operates primarily for the purpose of conducting scientific research, a state institution
conducting bona fide research, a private college or university conducting bona fide
research, or to a pharmaceutical company or biotechnology company conducting bona
fide research.
new text end
new text begin Subd. 4. new text end
new text begin Penalty. new text end
new text begin
Except as provided in subdivision 3, it is unlawful for any person
or business establishment to utilize a nebulizer, inhaler, or atomizer or other device as
described in subdivision 1, for the purposes of inhaling alcoholic beverages.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006 and applies to
violations committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) The definitions in this subdivision apply to this
section.
(b) "Person" means any natural person, firm, partnership, corporation, or association,
however organized.
(c) "Wildlife sanctuary" means a 501(c)(3) nonprofit organization that:
(1) operates a place of refuge where abused, neglected, unwanted, impounded,
abandoned, orphaned, or displaced wildlife are provided care for their lifetime;
(2) does not conduct any commercial activity with respect to any animal of which
the organization is an owner; and
(3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the
organization is an owner, except as an integral part of the species survival plan of the
American Zoo and Aquarium Association.
(d) "Possess" means to own, care for, have custody of, or control.
(e) "Regulated animal" means:
(1) all members of the Felidae family including, but not limited to, lions, tigers,
cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats
recognized as a domestic breed, registered as a domestic breed, and shown as a domestic
breed by a national or international multibreed cat registry association;
(2) bears; and
(3) all nonhuman primates, including, but not limited to, lemurs, monkeys,
chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.
Regulated animal includes any hybrid or cross between an animal listed in clause
(1), (2), or (3) and a domestic animal and offspring from all subsequent generations of
those crosses or hybrids.
(f) "Local animal control authority" means an agency of the state, county,
municipality, or other governmental subdivision of the state that is responsible for animal
control operations in its jurisdiction.
new text begin
(g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the
meanings given them in section 609.02.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:
Subd. 4.
Requirements.
(a) A person who possesses a regulated animal must
maintain health and ownership records on each animal and must maintain the records
for the life of the animal. If possession of the regulated animal is transferred to another
person, a copy of the health and ownership records must accompany the animal.
(b) A person who possesses a regulated animal must maintain an ongoing program
of veterinary care which includes a veterinary visit to the premises at least annually.
(c) A person who possesses a regulated animal must notify the local animal control
authority in writing within ten days of a change in address or location where the regulated
animal is kept.new text begin The notification of change in address or location form must be prepared by
the Minnesota Animal Control Association and approved by the Board of Animal Health.
new text end
(d) A person with a United States Department of Agriculture license for regulated
animals shall forward a copy of the United States Department of Agriculture inspection
report to the local animal control authority within 30 days of receipt of the inspection
report.
(e) A person who possesses a regulated animal shall prominently display a sign on
the structure where the animal is housed indicating that anew text begin dangerous new text end regulated animal
is on the premises.
(f) A person who possesses a regulated animal must notify, as soon as practicable,
local law enforcement officials of any escape of a regulated animal. The person who
possesses the regulated animal is liable for any costs incurred by any person, city, county,
or state agency resulting from the escape of a regulated animal unless the escape is due to
a criminal act by another person or a natural event.
(g) A person who possesses a regulated animal must maintain a written recovery
plan in the event of the escape of a regulated animal. The person must maintain live traps,
or other equipment necessary to assist in the recovery of the regulated animal.
(h) deleted text begin If requested by the local animal control authority,deleted text end A person may not move a
regulated animal from its location unless the person notifies the local animal control
authority prior to moving the animal. The notification must include the date and the
location where the animal is new text begin to be new text end moved. This paragraph does not apply to a regulated
animal transported to a licensed veterinarian.
(i) If a person who possesses a regulated animal can no longer care for the animal,
the person shall take steps to find long-term placement for the regulated animal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:
Subd. 5.
Seizure.
(a) The local animal control authority, upon issuance of a
notice of inspection, must be granted access at reasonable times to sites where the local
animal control authority has reason to believe a violation of this chapter is occurring or
has occurred.
(b) If a person who possesses a regulated animal is not in compliance with the
requirements of this section, the local animal control authority shall take possession of the
animal for custody and care, provided that the procedures in this subdivision are followed.
(c) Upon request of a person possessing a regulated animal, the local animal control
authority may allow the animal to remain in the physical custody of the owner for 30 days,
during which time the owner shall take all necessary actions to come in compliance with
this section. During the 30-day period, the local animal control authority may inspect, at
any reasonable time, the premises where the animal is kept.
(d) If a person who possesses a regulated animal is not in compliance with this
section following the 30-day period described in paragraph (c), the local animal control
authority shall seize the animal and place it in a holding facility that is appropriate for the
species for up to ten days.
new text begin (e) new text end The authority taking custody of an animal under this section shall provide a
notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at
the place where the animal is taken into custody, or by delivering it to a person residing
on the property. The notice must include:
(1) a description of the animal seized; the authority for and purpose of the seizure;
the time, place, and circumstances under which the animal was seized; and a contact
person and telephone number;
(2) a statement that a person from whom a regulated animal was seized may post
security to prevent disposition of the animal and may request a hearing concerning the
seizure and that failure to do so within five business days of the date of the notice will
result in disposition of the animal;
(3) a statement that actual costs of the care, keeping, and disposal of the regulated
animal are the responsibility of the person from whom the animal was seized, except to
the extent that a court or hearing officer finds that the seizure or impoundment was not
substantially justified by law; and
(4) a form that can be used by a person from whom a regulated animal was seized
for requesting a hearing under this subdivision.
deleted text begin (e)deleted text end new text begin (f) new text end If a person from whom the regulated animal was seized makes a request
within five business days of the seizure, a hearing must be held within five business days
of the request to determine the validity of the seizure and disposition of the animal. The
judge or hearing officer may authorize the return of the animal to the person from whom
the animal was seized if the judge or hearing officer finds:
(1) that the person can and will provide the care required by law for the regulated
animal; and
(2) the regulated animal is physically fit.
deleted text begin (f)deleted text end new text begin (g) new text end If a judge or hearing officer orders a permanent disposition of the regulated
animal, the local animal control authority may take steps to find long-term placement for
the animal with a wildlife sanctuary, persons authorized by the Department of Natural
Resources, or an appropriate United States Department of Agriculture licensed facility.
deleted text begin (g)deleted text end new text begin (h) new text end A person from whom a regulated animal is seized is liable for all actual costs
of care, keeping, and disposal of the animal, except to the extent that a court or hearing
officer finds that the seizure was not substantially justified by law. The costs must be paid
in full or a mutually satisfactory arrangement for payment must be made between the
local animal control authority and the person claiming an interest in the animal before
return of the animal to the person.
deleted text begin (h)deleted text end new text begin (i) new text end A person from whom a regulated animal has been seized under this
subdivision may prevent disposition of the animal by posting security in the amount
sufficient to provide for the actual costs of care and keeping of the animal. The security
must be posted within five business days of the seizure, inclusive of the day of the seizure.
deleted text begin (i)deleted text end new text begin (j) new text end If circumstances exist threatening the life of a person or the life of any animal,
local law enforcement or the local animal control authority deleted text begin shalldeleted text end new text begin may new text end seize a regulated
animal without an opportunity for hearing or court order, or destroy the animal.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision
to read:
new text begin Subd. 9a. new text end
new text begin Confinement and control. new text end
new text begin
A person violates this subdivision who
possesses a regulated animal and negligently fails to control the animal or keep it properly
confined and as a result the animal causes bodily harm, substantial bodily harm, or great
bodily harm to another person.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 10.
Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:
Subd. 10.
Penalty.
new text begin (a) new text end A person who knowingly violates subdivision 2, 3, new text begin paragraph
(b) or (c), new text end or 4 is guilty of a misdemeanor.
new text begin
(b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a
gross misdemeanor.
new text end
new text begin
(c) A person who violates subdivision 9a resulting in bodily harm is guilty of a
misdemeanor and may be sentenced to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.
new text end
new text begin
(d) A person who violates subdivision 9a resulting in substantial bodily harm is
guilty of a gross misdemeanor and may be sentenced to imprisonment for not more than
one year or to payment of a fine of not more than $3,000, or both.
new text end
new text begin
(e) A person who violates subdivision 9a resulting in great bodily harm or death
is guilty of a felony and may be sentenced to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both, unless a greater penalty is
provided elsewhere.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22,
is amended to read:
Subd. 22.
Domestic abuse no contact order.
(a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking charged under section 609.749 and committed against
a family or household member;
(3) violation of an order for protection charged under subdivision 14; or
(4) violation of a prior domestic abuse no contact order charged under this
subdivision.
It includes pretrial orders before final disposition of the case and probationary orders
after sentencing.
(b) A person who knows of the existence of a domestic abuse no contact order issued
against the person and violates the order is guilty of a misdemeanor.
(c) new text begin A person is guilty of a gross misdemeanor who knowingly violates this
subdivision during the time period between a previous qualified domestic violence-related
offense conviction and the end of the five years following discharge from sentence for
that offense.
new text end
new text begin (d) new text end A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated a domestic abuse no
contact order, even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the officer. The person shall
be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial officer. A peace officer acting
in good faith and exercising due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's actions.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is
amended to read:
Subd. 16.
Qualified domestic violence-related offense.
"Qualified domestic
violence-related offense" includes the following offenses: sections 518B.01, subdivision
14 (violation of domestic abuse order for protection); new text begin 518B.01, subdivision 22
(violation of domestic abuse no contact order); new text end 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault);
609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault
by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child);
609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining
order); deleted text begin anddeleted text end 609.749 (harassment/stalking); new text begin and 609.78, subdivision 2 (interference with
an emergency call);new text end and similar laws of other states, the United States, the District of
Columbia, tribal lands, and United States territories.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2005 Supplement, section 609.1095, subdivision 4,
is amended to read:
Subd. 4.
Increased sentence for offender who commits a sixth felony.
Whenever
a person is convicted of a felony, and the judge is imposing an executed sentence based
on a Sentencing Guidelines presumptive imprisonment sentence, the judge may impose
an aggravated durational departure from the presumptive sentence up to the statutory
maximum sentence if the factfinder determines that the offender has five or more prior
felony convictions deleted text begin and that the present offense is a felony that was committed as part
of a pattern of criminal conductdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:
Subd. 7.
Prosecutor shall establish.
deleted text begin Whenever reasonable grounds exist to believe
that the defendant or an accomplice used a firearm or other dangerous weapon or had in
possession a firearm, at the time of commission of an offense listed in subdivision 9,
the prosecutor shall, at the time of trial or at the plea of guilty, present on the record
all evidence tending to establish that fact unless it is otherwise admitted on the record.deleted text end
The question of whether the defendant or an accomplice, at the time of commission of
an offense listed in subdivision 9, used a firearm or other dangerous weapon or had
in possession a firearm shall be determined by the deleted text begin court on the record deleted text end new text begin factfinder new text end at the
time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the
record of the trial or the plea of guilty. The deleted text begin courtdeleted text end new text begin factfinder new text end shall new text begin also new text end determine deleted text begin on the
record at the time of sentencingdeleted text end whether the defendant has been convicted of a second or
subsequent offense in which the defendant or an accomplice, at the time of commission
of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had
in possession a firearm.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
new text begin
[609.154] INCREASED PENALTIES FOR CRIMES MOTIVATED
BY BIAS.
new text end
new text begin Subdivision 1. new text end
new text begin Crimes motivated by bias. new text end
new text begin
Notwithstanding the statutory maximum
penalty otherwise applicable to the offense, the court shall sentence a person as provided
under subdivision 2, if:
new text end
new text begin
(1) the person is convicted of a crime under chapter 609; and
new text end
new text begin
(2) the factfinder determines that the person committed the crime because of the
victim's, property owner's, or another's actual or perceived race, color, religion, sex,
sexual orientation, disability as defined in section 363A.03, age, or national origin.
new text end
new text begin Subd. 2. new text end
new text begin Penalties. new text end
new text begin
(a) If the crime committed is a felony, the statutory maximum
for the crime is five years longer than the statutory maximum for the underlying crime.
new text end
new text begin
(b) If the crime committed is a gross misdemeanor, the person is guilty of a felony
and may be sentenced to imprisonment for not more than two years or to payment of
a fine of not more than $10,000, or both.
new text end
new text begin
(c) If the crime committed is a misdemeanor, the person is guilty of a gross
misdemeanor.
new text end
new text begin Subd. 3. new text end
new text begin Exception. new text end
new text begin
This section does not apply to any crime if proof of the
victim's, property owner's, or another's actual or perceived race, religion, color, disability,
sexual orientation, disability as defined in section 363A.03, age, or national origin is
required for a conviction for that crime.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2004, section 609.2231, subdivision 4, is amended to read:
Subd. 4.
Assaults motivated by bias.
(a) Whoever assaults another because of the
victim's or another's actual or perceived race, color, religion, sex, sexual orientation,
disability as defined in section 363A.03, age, or national origin may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than deleted text begin one year and a day ordeleted text end new text begin two years and new text end to payment of a fine of not more
than deleted text begin $3,000, or bothdeleted text end new text begin $10,000new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2004, section 609.2231, subdivision 6, is amended to read:
Subd. 6.
Public employees with mandated duties.
A person is guilty of a gross
misdemeanor who:
(1) assaults an agricultural inspector, occupational safety and health investigator,
child protection worker, public health nurse, new text begin animal control officer, new text end or probation or parole
officer while the employee is engaged in the performance of a duty mandated by law,
court order, or ordinance;
(2) knows that the victim is a public employee engaged in the performance of the
official public duties of the office; and
(3) inflicts demonstrable bodily harm.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:
Subd. 4.
Felony.
Whoever violates the provisions of this section or section
609.224, subdivision 1, deleted text begin against the same victimdeleted text end during the time period between the first
of any combination of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency and the end of the five years following
discharge from sentence or disposition for that offense is guilty of a felony and may be
sentenced to imprisonment for not more than five years or payment of a fine of not more
than $10,000, or both.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 19.
Minnesota Statutes 2004, section 609.233, subdivision 1, is amended to read:
Subdivision 1.
Crime.
A caregiver or operator who intentionally neglects a
vulnerable adult or knowingly permits conditions to exist that result in the abuse or
neglect of a vulnerable adult is guilty of deleted text begin a gross misdemeanordeleted text end new text begin criminal neglect and may
be sentenced as provided in subdivision 3new text end . For purposes of this section, "abuse" has the
meaning given in section 626.5572, subdivision 2, and "neglect" means a failure to provide
a vulnerable adult with necessary food, clothing, shelter, health care, or supervision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 20.
Minnesota Statutes 2004, section 609.233, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Penalties. new text end
new text begin
(a) Except as provided in paragraph (b), a caregiver or operator
who violates subdivision 1 is guilty of a gross misdemeanor and may be sentenced
to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both.
new text end
new text begin
(b) A caregiver, who is an individual and has responsibility for the care of a
vulnerable adult as a result of a family relationship, may be sentenced as follows:
new text end
new text begin
(1) if a violation of subdivision 1 results in the death of the vulnerable adult, to
imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both; or
new text end
new text begin
(2) if a violation of subdivision 1 results in substantial bodily harm or the risk of
death, to imprisonment for not more than five years or payment of a fine of not more
than $10,000, or both.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 21.
Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:
609.282 LABOR TRAFFICKING.
new text begin Subdivision 1. new text end
new text begin Individuals under age 18. new text end
new text begin
Whoever knowingly engages in the
labor trafficking of an individual who is under the age of 18 is guilty of a crime and
may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $40,000, or both.
new text end
new text begin Subd. 2. new text end
new text begin Other offenses. new text end
Whoever knowingly engages in the labor trafficking of
another is guilty of a crime 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 begin Subd. 3. new text end
new text begin Consent or age of victim not a defense. new text end
In a prosecution under this
section the consent or age of the victim is not a defense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:
609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN
FURTHERANCE OF LABOR OR SEX TRAFFICKING.
new text begin Subdivision 1. new text end
new text begin Crime defined. new text end
Unless the person's conduct constitutes a violation
of section 609.282, a person who knowingly destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other immigration document, or any other
actual or purported government identification document, of another person:
(1) in the course of a violation of section 609.282 or 609.322;
(2) with intent to violate section 609.282 or 609.322; or
(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority,
a person's liberty to move or travel, in order to maintain the labor or services of that person,
when the person is or has been a victim of a violation of section 609.282 or 609.322;
is guilty of a crime and may be sentenced new text begin as provided in subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Penalties. new text end
new text begin
A person who violates subdivision 1 may be sentenced as
follows:
new text end
new text begin
(1) if the crime involves a victim under the age of 18, to imprisonment for not more
than ten years or to payment of a fine of $20,000, or both; or
new text end
new text begin (2) in other cases, new text end to imprisonment for not more than five years or to payment of
a fine of not more than $10,000, or both.
new text begin Subd. 3. new text end
new text begin Consent or age of victim not a defense. new text end
In a prosecution under this
section the consent or age of the victim is not a defense.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 23.
Minnesota Statutes 2004, section 609.341, is amended by adding a subdivision
to read:
new text begin Subd. 23. new text end
new text begin Personal body or cosmetic services. new text end
new text begin
Personal body or cosmetic services
means services for hire including but not limited to massage, bodywork, acupuncture,
esthetician services, body piercing, or tattooing.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 24.
Minnesota Statutes 2004, section 609.344, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual penetration with
another person is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years of age and the actor is more
than 24 months older than the complainant. In any such case it shall be an affirmative
defense, which must be proved by a preponderance of the evidence, that the actor believes
the complainant to be 16 years of age or older. If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the actor may be sentenced
to imprisonment for not more than five years. Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the penetration;
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of
time.
Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual penetration occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;
(1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
(i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or
(ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, including, but not limited
to, jails, prisons, detention centers, or work release facilities, and the complainant is
a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense; deleted text begin or
deleted text end
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant.
Consent by the complainant is not a defensedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(o) the actor performs or is an agent of an entity that performs personal body or
cosmetic services, the complainant was a user of one of those services, and nonconsensual
sexual penetration occurred during or immediately before or after the actor performed one
of those services for complainant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 25.
Minnesota Statutes 2004, section 609.345, subdivision 1, is amended to read:
Subdivision 1.
Crime defined.
A person who engages in sexual contact with
another person is guilty of criminal sexual conduct in the fourth degree if any of the
following circumstances exists:
(a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
(b) the complainant is at least 13 but less than 16 years of age and the actor is
more than 48 months older than the complainant or in a position of authority over the
complainant. Consent by the complainant to the act is not a defense. In any such case, it
shall be an affirmative defense which must be proved by a preponderance of the evidence
that the actor believes the complainant to be 16 years of age or older;
(c) the actor uses force or coercion to accomplish the sexual contact;
(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
(e) the complainant is at least 16 but less than 18 years of age and the actor is
more than 48 months older than the complainant and in a position of authority over the
complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
(f) the actor has a significant relationship to the complainant and the complainant
was at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;
(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed over an extended period of
time.
Neither mistake as to the complainant's age nor consent to the act by the complainant
is a defense;
(h) the actor is a psychotherapist and the complainant is a patient of the
psychotherapist and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing psychotherapist-patient
relationship exists. Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
(j) the actor is a psychotherapist and the complainant is a patient or former patient
and the sexual contact occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
(k) the actor accomplishes the sexual contact by means of deception or false
representation that the contact is for a bona fide medical purpose. Consent by the
complainant is not a defense;
(1) the actor is or purports to be a member of the clergy, the complainant is not
married to the actor, and:
(i) the sexual contact occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the
actor in private; or
(ii) the sexual contact occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
(m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, including, but not limited
to, jails, prisons, detention centers, or work release facilities, and the complainant is
a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense; deleted text begin or
deleted text end
(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defensedeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(o) the actor performs or is an agent of an entity that performs personal body or
cosmetic services, the complainant was a user of one of those services, and nonconsensual
sexual contact occurred during or immediately before or after the actor performed one of
those services for complainant.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 26.
Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding
a subdivision to read:
new text begin Subd. 3a. new text end
new text begin Mandatory sentence for certain engrained offenders. new text end
new text begin
(a) A court shall
commit a person to the commissioner of corrections for a period of time that is not less
than double the presumptive sentence under the sentencing guidelines and not more than
the statutory maximum, or if the statutory maximum is less than double the presumptive
sentence, for a period of time that is equal to the statutory maximum, if:
new text end
new text begin
(1) the court is imposing an executed sentence on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453;
new text end
new text begin
(2) the factfinder determines that the offender is a danger to public safety; and
new text end
new text begin
(3) the factfinder determines that the offender's criminal sexual behavior is so
engrained that the risk of reoffending is great without intensive psychotherapeutic
intervention or other long-term treatment or supervision extending beyond the presumptive
term of imprisonment and supervised release.
new text end
new text begin
(b) The factfinder shall base its determination that the offender is a danger to public
safety on any of the following factors:
new text end
new text begin
(1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;
new text end
new text begin
(2) the offender previously committed or attempted to commit a predatory crime
or a violation of section 609.224 or 609.2242, including:
new text end
new text begin
(i) an offense committed as a juvenile that would have been a predatory crime or a
violation of section 609.224 or 609.2242 if committed by an adult; or
new text end
new text begin
(ii) a violation or attempted violation of a similar law of any other state or the United
States; or
new text end
new text begin
(3) the offender planned or prepared for the crime prior to its commission.
new text end
new text begin
(c) As used in this section, "predatory crime" has the meaning given in section
609.341, subdivision 22.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 27.
Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4,
is amended to read:
Subd. 4.
Mandatory life sentence; repeat offenders.
(a) Notwithstanding the
statutory maximum penalty otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted of violating section 609.342,
609.343, 609.344, 609.345, or 609.3453 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the new text begin factfinder determines that the new text end present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;
(ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or
(iii) the person was sentenced under new text begin this section or new text end section 609.108 for the previous
sex offense conviction; or
(3) the person has two prior sex offense convictions, new text begin and the factfinder determines
that new text end the prior convictions and present offense involved at least three separate victims, and:
(i) the new text begin factfinder determines that the new text end present offense involved an aggravating factor
that would provide grounds for an upward durational departure under the sentencing
guidelines other than the aggravating factor applicable to repeat criminal sexual conduct
convictions;
(ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or
(iii) the person was sentenced under new text begin this section or new text end section 609.108 for one of the
prior sex offense convictions.
(b) Notwithstanding paragraph (a), a court may not sentence a person to
imprisonment for life for a violation of section 609.345, unless the person's previous or
prior sex offense convictions that are being used as the basis for the sentence are for
violations of section 609.342, 609.343, 609.344, or 609.3453, or any similar statute of the
United States, this state, or any other state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 28.
Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8,
is amended to read:
Subd. 8.
Terms of conditional release; applicable to all sex offenders.
(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453. Except as provided in this subdivision, conditional release of sex offenders is
governed by provisions relating to supervised release. The commissioner of corrections
may not dismiss an offender on conditional release from supervision until the offender's
conditional release term expires.
(b) The conditions of release may include successful completion of treatment and
aftercare in a program approved by the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other conditions the commissioner
considers appropriate. new text begin The commissioner shall develop a plan to pay the cost of treatment
of a person released under this subdivision. The plan may include co-payments from
offenders, third-party payers, local agencies, or other funding sources as they are identified.
This section does not require the commissioner to accept or retain an offender in a
treatment program. new text end Before the offender is placed on conditional release, the commissioner
shall notify the sentencing court and the prosecutor in the jurisdiction where the offender
was sentenced of the terms of the offender's conditional release. The commissioner also
shall make reasonable efforts to notify the victim of the offender's crime of the terms of
the offender's conditional release. If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and order that the offender
serve all or a part of the remaining portion of the conditional release term in prison.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 29.
Minnesota Statutes 2004, section 609.495, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Venue. new text end
new text begin
Notwithstanding anything to the contrary in section 627.01, an
offense committed under subdivision 1 or 3 may be prosecuted in:
new text end
new text begin
(1) the county where the offense occurred; or
new text end
new text begin
(2) the county where the underlying criminal act occurred.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 30.
Minnesota Statutes 2004, section 609.52, subdivision 3, is amended to read:
Subd. 3.
Sentence.
Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property or services stolen exceeds deleted text begin $2,500deleted text end new text begin
$5,000new text end , or if the property stolen was an article representing a trade secret, an explosive or
incendiary device, or a controlled substance listed in schedule I or II pursuant to section
152.02 with the exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if:
(a) the value of the property or services stolen is more than deleted text begin $500deleted text end new text begin $1,000new text end but not
more than deleted text begin $2,500deleted text end new text begin $5,000new text end ; or
(b) the property stolen was a controlled substance listed in schedule III, IV, or V
pursuant to section 152.02; or
(c) the value of the property or services stolen is more than deleted text begin $250deleted text end new text begin $500new text end but not more
than deleted text begin $500deleted text end new text begin $1,000new text end and the person has been convicted within the preceding five years for an
offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another
state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to which a plea was entered
would allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than deleted text begin $500deleted text end new text begin $1,000new text end , and
any of the following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or
coffin containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record
kept, filed or deposited according to law with or in the keeping of any public officer or
office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property or services stolen is more than deleted text begin $250deleted text end new text begin $500new text end
but not more than deleted text begin $500deleted text end new text begin $1,000new text end ; or
(5) in all other cases where the value of the property or services stolen is deleted text begin $250deleted text end new text begin
$500new text end or less, to imprisonment for not more than 90 days or to payment of a fine of not
more than $1,000, or both, provided, however, in any prosecution under subdivision 2,
clauses (1), (2), (3), (4), and (13), the value of the money or property or services received
by the defendant in violation of any one or more of the above provisions within any
six-month period may be aggregated and the defendant charged accordingly in applying
the provisions of this subdivision; provided that when two or more offenses are committed
by the same person in two or more counties, the accused may be prosecuted in any county
in which one of the offenses was committed for all of the offenses aggregated under
this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 31.
Minnesota Statutes 2004, section 609.595, subdivision 1, is amended to read:
Subdivision 1.
Criminal damage to property in the first degree.
Whoever
intentionally causes damage to physical property of another without the latter's consent
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, if:
(1) the damage to the property caused a reasonably foreseeable risk of bodily
harm; or
(2) the property damaged belongs to a common carrier and the damage impairs the
service to the public rendered by the carrier; or
(3) the damage reduces the value of the property by more than deleted text begin $500deleted text end new text begin $1,000new text end measured
by the cost of repair and replacement; or
(4) the damage reduces the value of the property by more than deleted text begin $250deleted text end new text begin $500new text end measured
by the cost of repair and replacement and the defendant has been convicted within the
preceding three years of an offense under this subdivision or subdivision 2.
In any prosecution under clause (3), the value of any property damaged by the
defendant in violation of that clause within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; provided that
when two or more offenses are committed by the same person in two or more counties, the
accused may be prosecuted in any county in which one of the offenses was committed for
all of the offenses aggregated under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 32.
Minnesota Statutes 2004, section 609.595, subdivision 1a, is amended to read:
Subd. 1a.
Criminal damage to property in the second degree.
(a) Whoever
intentionally causes damage described in subdivision 2, paragraph (a), because of the
property owner's or another's actual or perceived race, color, religion, sex, sexual
orientation, disability as defined in section 363A.03, age, or national origin is guilty of a
felony and may be sentenced to imprisonment for not more than deleted text begin one year and a day deleted text end new text begin two
yearsnew text end new text begin new text end or to payment of a fine of not more than deleted text begin $3,000deleted text end new text begin $5,000new text end , or both.
(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more
offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 33.
Minnesota Statutes 2004, section 609.595, subdivision 2, is amended to read:
Subd. 2.
Criminal damage to property in the third degree.
(a) Except as
otherwise provided in subdivision 1a, whoever intentionally causes damage to another
person's physical property without the other person's consent may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both, if the damage reduces the value of the property by more than deleted text begin $250deleted text end new text begin $500new text end but not
more than deleted text begin $500deleted text end new text begin $1,000new text end as measured by the cost of repair and replacement.
(b) Whoever intentionally causes damage to another person's physical property
without the other person's consent because of the property owner's or another's actual
or perceived race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin may be sentenced to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both, if the damage reduces the
value of the property by not more than deleted text begin $250deleted text end new text begin $500new text end .
(c) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more
offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 34.
new text begin
[609.632] COUNTERFEITING OF CURRENCY.
new text end
new text begin Subdivision 1. new text end
new text begin Manufacturing; printing. new text end
new text begin
Whoever, with the intent to defraud,
falsely makes, alters, prints, scans, images, or copies any United States postal money
order, United States currency, Federal Reserve note, or other obligation or security of the
United States so that it purports to be genuine or has different terms or provisions than that
of the United States Postal Service or United States Treasury is guilty of counterfeiting
and may be sentenced as provided in subdivision 4.
new text end
new text begin Subd. 2. new text end
new text begin Means for false reproduction. new text end
new text begin
Whoever, with intent to defraud, makes,
engraves, possesses, or transfers a plate or instrument, computer, printer, camera, software,
paper, cloth, fabric, ink, or other material for the false reproduction of any United States
postal money order, United States currency, Federal Reserve note, or other obligation or
security of the United States is guilty of counterfeiting and may be sentenced as provided
in subdivision 4.
new text end
new text begin Subd. 3. new text end
new text begin Uttering or possessing. new text end
new text begin
Whoever, with intent to defraud, utters or
possesses with intent to utter any counterfeit United States postal money order, United
States currency, Federal Reserve note, or other obligation or security of the United States,
having reason to know that the money order, currency, note, or obligation or security is
forged, counterfeited, falsely made, altered, or printed, is guilty of offering counterfeited
currency and may be sentenced as provided in subdivision 4.
new text end
new text begin Subd. 4. new text end
new text begin Penalty. new text end
new text begin
(a) A person who is convicted of violating subdivision 1 or 2
may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $100,000, or both.
new text end
new text begin
(b) A person who is convicted of violating subdivision 3 may be sentenced as
follows:
new text end
new text begin
(1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of more than $35,000, or the aggregate face value of
the counterfeited item is more than $35,000;
new text end
new text begin
(2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of more than $2,500, or the aggregate face value of the
counterfeited item is more than $2,500;
new text end
new text begin
(3) to imprisonment for not more than five years or to payment of a fine of not
more than $10,000, or both, if:
new text end
new text begin
(i) the counterfeited item is used to obtain or in an attempt to obtain property or
services having a value of more than $250, or the aggregate face value of the counterfeited
item is more than $250; or
new text end
new text begin
(ii) the counterfeited item is used to obtain or in an attempt to obtain property
or services having a value of no more than $250, or the aggregate face value of the
counterfeited item is no more than $250, and the person has been convicted within the
preceding five years for an offense under this section, section 609.24; 609.245; 609.52;
609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from
another state or the United States in conformity with any of those sections, and the person
received a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would allow the
imposition of a felony or gross misdemeanor sentence; or
new text end
new text begin
(4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of no more than $250, or the aggregate face value of
the counterfeited item is no more than $250.
new text end
new text begin Subd. 5. new text end
new text begin Aggregation; venue. new text end
new text begin
In any prosecution under this section, the value of the
counterfeited United States postal money orders, United States currency, Federal Reserve
notes, or other obligations or securities of the United States, offered by the defendant in
violation of this section within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the counterfeited items was forged, offered, or possessed,
for all of the offenses aggregated under this subdivision.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 35.
Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision
to read:
new text begin Subd. 7. 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 completed the
sentence imposed, 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 ten 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, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 36.
Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision
to read:
new text begin Subd. 9. 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 completed the
sentence imposed, 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 ten 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, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 37.
Minnesota Statutes 2004, section 626.77, subdivision 3, is amended to read:
Subd. 3.
Definition.
As used in this section, "federal law enforcement officer"
means an officer or employee whether employed inside or outside the state of the Federal
Bureau of Investigation, the Drug Enforcement Administration, the United States Marshal
Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, deleted text begin or the
Immigration and Naturalization Service,deleted text end new text begin the Department of Homeland Security, or the
United States Postal Inspection Service, or their successor agencies,new text end who is responsible for
the prevention or detection of crimes or for the enforcement of the United States Code and
who is authorized to arrest, with or without a warrant, any individual for a violation of
the United States Code.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006.
new text end
Sec. 38.
Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to
read:
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. 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. 39.
Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to
read:
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. 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. 40.
Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to
read:
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. 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. 41.
Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to
read:
EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. 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. 42. new text begin SENTENCING GUIDELINES MODIFICATIONS.
new text end
new text begin
(a) Except as provided in paragraph (b), the modifications related to sex offenses
proposed by the Minnesota Sentencing Guidelines Commission and described in the
January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on
August 1, 2006.
new text end
new text begin
(b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1,
clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected
and do not take effect.
new text end
new text begin
(c) The commission is requested to rank violations of:
new text end
new text begin
(1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l),
at severity level C;
new text end
new text begin
(2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D;
new text end
new text begin
(3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l),
at severity level E; and
new text end
new text begin
(4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F.
new text end
new text begin
(d) If the commission decides to make the changes requested in paragraph (c), it
shall ensure that the changes are effective on August 1, 2006, and publish an updated
version of the sentencing guidelines that include the changes by that date.
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. 43. new text begin COLLATERAL CONSEQUENCES COMMITTEE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment; duties. new text end
new text begin
A collateral consequences committee
is established to study collateral consequences of adult convictions and juvenile
adjudications. The committee shall identify the uses of collateral consequences of
convictions and adjudications and recommend any proposed changes to the legislature on
collateral consequences.
new text end
new text begin Subd. 2. new text end
new text begin Resources. new text end
new text begin
The Department of Corrections shall provide technical
assistance to the committee on request, with the assistance of the commissioner of public
safety and the Sentencing Guidelines Commission.
new text end
new text begin Subd. 3. new text end
new text begin Membership. new text end
new text begin
The committee consists of:
new text end
new text begin
(1) one representative from each of the following groups:
new text end
new text begin
(i) crime victim advocates, appointed by the commissioner of public safety;
new text end
new text begin
(ii) county attorneys, appointed by the Minnesota County Attorneys Association;
new text end
new text begin
(iii) city attorneys, appointed by the League of Minnesota Cities;
new text end
new text begin
(iv) district court judges, appointed by the Judicial Council;
new text end
new text begin
(v) private criminal defense attorneys, appointed by the Minnesota Association of
Criminal Defense Lawyers;
new text end
new text begin
(vi) probation officers, appointed by the Minnesota Association of County Probation
Officers; and
new text end
new text begin
(vii) the state public defender or a designee; and
new text end
new text begin
(2) the commissioner of public safety, or a designee, who shall chair the group.
new text end
new text begin Subd. 4. new text end
new text begin Report and recommendations. new text end
new text begin
The committee shall present the
legislature with its report and recommendations no later than January 15, 2007. The
report must be presented to the chairs of the senate Crime Prevention and Public Safety
Committee and the house Public Safety and Finance Committee.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 44. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
When appropriate, the revisor of statutes shall replace statutory references to
Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 45. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 609.108, subdivision 5; and 609.109, subdivisions
1 and 3,
new text end
new text begin
and
new text end
new text begin
Minnesota Statutes 2005 Supplement, sections 609.108, subdivisions 1, 3, 4,
6, and 7; and 609.109, subdivisions 2, 4, 5, and 6,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006 and applies to crimes
committed on or after that date.
new text end
ARTICLE 3
CONTROLLED SUBSTANCES, DWI, AND DRIVING PROVISIONS
Section 1.
Minnesota Statutes 2004, section 152.01, subdivision 18, is amended to read:
Subd. 18.
Drug paraphernalia.
(a) Except as otherwise provided in paragraph (b),
"drug paraphernalia" means all equipment, products, and materials of any kind, except
those items used in conjunction with permitted uses of controlled substances under this
chapter or the Uniform Controlled Substances Act, which are deleted text begin knowingly or intentionally
deleted text end used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled substance, (3) testing
the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect
of a controlled substance.
(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or
sale of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2004, section 152.093, is amended to read:
152.093 deleted text begin MANUFACTURE OR DELIVERY deleted text end new text begin SALE new text end OF DRUG
PARAPHERNALIA PROHIBITED.
new text begin Subdivision 1. new text end
new text begin Sales generally. new text end
new text begin (a) new text end It is unlawful for any person deleted text begin knowingly or
intentionally deleted text end to deleted text begin deliver deleted text end new text begin sell new text end drug paraphernalia deleted text begin or knowingly or intentionally to possess or
manufacture drug paraphernalia for deliverydeleted text end new text begin , knowing or having reason to know, that the
item will be used primarily to:new text end
new text begin
(1) manufacture a controlled substance;
new text end
new text begin
(2) inject, ingest, inhale, or otherwise introduce into the human body a controlled
substance;
new text end
new text begin
(3) test the strength, effectiveness, or purity of a controlled substance; or
new text end
new text begin (4) enhance the effect of a controlled substancenew text end .
new text begin (b) new text end Any violation of this deleted text begin section deleted text end new text begin subdivision new text end is a misdemeanor.
new text begin Subd. 2. new text end
new text begin Sales to minor. new text end
new text begin
Any person 18 years of age or older who violates
subdivision 1 by selling drug paraphernalia to a person under 18 years of age who is at
least three years younger is guilty of a gross misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
new text begin
[152.0955] PROHIBITION ON POSSESSION OF CERTAIN ITEMS
ASSOCIATED WITH CONTROLLED SUBSTANCE USE.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section, the following terms have the
meanings given:
new text end
new text begin
(1) "dugout" means a storage device, commonly referred to as a dugout, designed
with separate reservoirs for marijuana and a one-hit pipe;
new text end
new text begin
(2) "glass pipe" means any pipe or smoking device that has a reservoir capable of
holding controlled substances for ingestion;
new text end
new text begin
(3) "marijuana pipe" means any pipe or smoking device, except for a traditional
pipe, that is made of solid material, including ivory, onyx, glass, metal, stone, or any other
material, having a reservoir and a direct channel or a channel filtered by a screen, leading
to an open end, commonly known as a bowl; and
new text end
new text begin
(4) "one-hit pipe" means any pipe or smoking device that consists of a reservoir on
one end, with a direct channel or a channel filtered by a screen that leads to the opposite
end, designed as a linear device, and without a separately attached bowl or reservoir.
new text end
new text begin Subd. 2. new text end
new text begin Possession prohibited. new text end
new text begin
A person who knowingly possesses a dugout, glass
pipe, marijuana pipe, or one-hit pipe is guilty of a petty misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2004, section 152.18, subdivision 1, is amended to read:
Subdivision 1.
Deferring prosecution for certain first time drug offenders.
If any
person who has not previously participated in or completed a diversion program authorized
under section 401.065 or who has not previously been placed on probation without a
judgment of guilty and thereafter been discharged from probation under this section is
found guilty of a violation of section 152.024, subdivision 2, 152.025, subdivision 2, or
152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial or
upon a plea of guilty, and the court determines that the violation does not qualify as a
subsequent controlled substance conviction under section 152.01, subdivision 16a, the
court may, without entering a judgment of guilty and with the consent of the person, new text begin either
(1) new text end defer further proceedings and place the person on probation upon such reasonable
conditions as it may require and for a period, not to exceed the maximum sentence
provided for the violationdeleted text begin . The courtdeleted text end new text begin or (2) state orally on the record or enter a written
finding that states reasons why a deferral is inappropriate. If the court grants a deferral, it
new text end may give the person the opportunity to attend and participate in an appropriate program
of education regarding the nature and effects of alcohol and drug abuse as a stipulation
of probation. Upon violation of a condition of the probation, the court may enter an
adjudication of guilt and proceed as otherwise provided. The court may, in its discretion,
dismiss the proceedings against the person and discharge the person from probation before
the expiration of the maximum period prescribed for the person's probation. If during the
period of probation the person does not violate any of the conditions of the probation,
then upon expiration of the period the court shall discharge the person and dismiss the
proceedings against that person. Discharge and dismissal under this subdivision shall be
without court adjudication of guilt, but a not public record of it shall be retained by the
Bureau of Criminal Apprehension for the purpose of use by the courts in determining the
merits of subsequent proceedings against the person. The not public record may also be
opened only upon court order for purposes of a criminal investigation, prosecution, or
sentencing. Upon request by law enforcement, prosecution, or corrections authorities, the
bureau shall notify the requesting party of the existence of the not public record and the
right to seek a court order to open it pursuant to this section. The court shall forward a
record of any discharge and dismissal under this subdivision to the bureau which shall
make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.
For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
Minnesota Statutes 2004, section 169.13, is amended to read:
169.13 RECKLESSdeleted text begin ORdeleted text end new text begin ,new text end CARELESSnew text begin , OR EXHIBITIONnew text end DRIVING.
Subdivision 1.
Reckless driving.
new text begin (a) new text end Any person who drives any vehicle in such a
manner as to indicate either a willful or a wanton disregard for the safety of persons or
property is guilty of reckless driving and such reckless driving is a misdemeanor.
new text begin
(b) A person shall not race any vehicle upon any street or highway of this state.
Any person who willfully compares or contests relative speeds by operating one or more
vehicles is guilty of racing, which constitutes reckless driving, whether or not the speed
contested or compared is in excess of the maximum speed prescribed by law.
new text end
Subd. 2.
Careless driving.
Any person who operates or halts any vehicle upon any
street or highway carelessly or heedlessly in disregard of the rights of others, or in a
manner that endangers or is likely to endanger any property or any person, including the
driver or passengers of the vehicle, is guilty of a misdemeanor.
new text begin Subd. 2a. new text end
new text begin Exhibition driving. new text end
new text begin
A person who operates any vehicle in such a
manner as to start or accelerate with an unnecessary exhibition of speed is guilty of a
petty misdemeanor. Prima facie evidence of an unnecessary exhibition of speed is the
unreasonable squealing or screeching sounds emitted by the vehicle's tires or the throwing
of sand or gravel by the vehicle's tires, or both.
new text end
Subd. 3.
Application.
new text begin (a) new text end The provisions of this section apply, but are not limited in
application, to any person who drives any vehicle in the manner prohibited by this section:
(1) upon the ice of any lake, stream, or river, including but not limited to the ice of
any boundary water; or
(2) in a parking lot ordinarily used by or available to the public though not as a
matter of right, and a driveway connecting deleted text begin such adeleted text end new text begin the new text end parking lot with a street or highway.
new text begin
(b) This section does not apply to:
new text end
new text begin
(1) an authorized emergency vehicle, when responding to an emergency call or when
in pursuit of an actual or suspected violator;
new text end
new text begin
(2) the emergency operation of any vehicle when avoiding imminent danger; or
new text end
new text begin
(3) any raceway, racing facility, or other public event sanctioned by the appropriate
governmental authority.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, for violations
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read:
Subdivision 1.
Degree described.
A person who violates section 169A.20 (driving
while impaired) is guilty of first-degree driving while impaired if the person:
(1) commits the violation within ten years of the first of three or more qualified
prior impaired driving incidents; deleted text begin or
deleted text end
(2) has previously been convicted of a felony under this sectionnew text begin ; or
new text end
new text begin (3) within the past ten years, has been convicted of a felony under section 609.21,
subdivision 1, clause (2), (3), (4), (5) or (6), or section 609.21, subdivision 3, clause (2),
(3), (4), (5) or (6)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to
violations of section 169A.20 occurring on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2005 Supplement, section 171.05, subdivision 2b, is
amended to read:
Subd. 2b.
Instruction permit use by person under age 18.
(a) This subdivision
applies to persons who have applied for and received an instruction permit under
subdivision 2.
(b) The permit holder may, with the permit in possession, operate a motor vehicle,
but must be accompanied by and be under the supervision of a certified driver education
instructor, the permit holder's parent or guardian, or another licensed driver age 21 or
older. The supervisor must occupy the seat beside the permit holder.
(c) The permit holder may operate a motor vehicle only when every occupant under
the age of 18 has a seat belt or child passenger restraint system properly fastened. A
person who violates this paragraph is subject to a fine of $25. A peace officer may
not issue a citation for a violation of this paragraph unless the officer lawfully stopped
or detained the driver of the motor vehicle for a moving violation as defined in section
171.04, subdivision 1. The commissioner shall not record a violation of this paragraph on
a person's driving record.
(d) The permit holder may not operate a vehicle while communicating over, or
otherwise operating, a cellular or wireless telephone, whether handheld or hands free,
when the vehicle is in motion. The permit holder may assert as an affirmative defense that
the violation was made for the sole purpose of obtaining emergency assistance to prevent
a crime about to be committed, or in the reasonable belief that a person's life or safety
was in danger.new text begin Violation of this paragraph is a petty misdemeanor subject to section
169.89, subdivision 2.
new text end
(e) The permit holder must maintain a driving record free of convictions for moving
violations, as defined in section 171.04, subdivision 1, and free of convictions for violation
of section 169A.20, 169A.33, 169A.35, or sections 169A.50 to 169A.53. If the permit
holder drives a motor vehicle in violation of the law, the commissioner shall suspend,
cancel, or revoke the permit in accordance with the statutory section violated.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2006, and applies to
violations committed on and after that date.
new text end
Sec. 8.
Minnesota Statutes 2005 Supplement, section 171.055, subdivision 2, is
amended to read:
Subd. 2.
Use of provisional license.
(a) A provisional license holder may operate a
motor vehicle only when every occupant under the age of 18 has a seat belt or child
passenger restraint system properly fastened. A person who violates this paragraph is
subject to a fine of $25. A peace officer may not issue a citation for a violation of this
paragraph unless the officer lawfully stopped or detained the driver of the motor vehicle
for a moving violation as defined in section 171.04. The commissioner shall not record a
violation of this paragraph on a person's driving record.
(b) A provisional license holder may not operate a vehicle while communicating
over, or otherwise operating, a cellular or wireless telephone, whether handheld or
hands free, when the vehicle is in motion. The provisional license holder may assert
as an affirmative defense that the violation was made for the sole purpose of obtaining
emergency assistance to prevent a crime about to be committed, or in the reasonable
belief that a person's life or safety was in danger.new text begin Violation of this paragraph is a petty
misdemeanor subject to section 169.89, subdivision 2.
new text end
(c) If the holder of a provisional license during the period of provisional licensing
incurs (1) a conviction for a violation of section 169A.20, 169A.33, 169A.35, or sections
169A.50 to 169A.53, (2) a conviction for a crash-related moving violation, or (3) more
than one conviction for a moving violation that is not crash related, the person may not be
issued a driver's license until 12 consecutive months have expired since the date of the
conviction or until the person reaches the age of 18 years, whichever occurs first.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective June 1, 2006, and applies to
violations committed on and after that date.
new text end
Sec. 9.
Minnesota Statutes 2004, section 253B.02, subdivision 2, is amended to read:
Subd. 2.
Chemically dependent person.
"Chemically dependent person" means
any person (a) determined as being incapable of self-management or management of
personal affairs by reason of the habitual and excessive use of alcohol, drugs, or other
mind-altering substances; and (b) whose recent conduct as a result of habitual and
excessive use of alcohol, drugs, or other mind-altering substances poses a substantial
likelihood of physical harm to self or others as demonstrated by (i) a recent attempt or
threat to physically harm self or others, (ii) evidence of recent serious physical problems,
or (iii) a failure to obtain necessary food, clothing, shelter, or medical care. "Chemically
dependent person" also means a pregnant woman who has engaged during the pregnancy
in habitual or excessive use, for a nonmedical purpose, of any of the following controlled
substances or their derivatives: new text begin opium, new text end cocaine, heroin, phencyclidine, methamphetamine,
or amphetamine.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 10. new text begin REMEDIATION OF HARM CAUSED BY MISDEMEANOR
CONVICTIONS FOR MINORS DRIVING WITH MOBILE PHONES.
new text end
new text begin Subdivision 1. new text end
new text begin Remediation by commissioner. new text end
new text begin
For infractions that occurred
between July 1, 2005, and June 30, 2006, the commissioner of public safety shall expunge
from a licensee's driving record a misdemeanor conviction for violating Minnesota
Statutes, section 171.05, subdivision 2b, paragraph (d), or 171.055, subdivision 2,
paragraph (b). The commissioner is not obligated to expunge petty misdemeanor
violations of the statutes referenced in this subdivision.
new text end
new text begin Subd. 2. new text end
new text begin Remediation by courts. new text end
new text begin
(a) A court in which a person was convicted for a
misdemeanor violation of Minnesota Statutes, section 171.05, subdivision 2b, paragraph
(d), or 171.055, subdivision 2, paragraph (b), that occurred between July 1, 2005, and
June 30, 2006, must vacate the conviction, on its own motion, without cost to the person
convicted, and must immediately notify the person that the conviction has been vacated.
A court shall not vacate petty misdemeanor violations of the statutes referenced in this
subdivision.
new text end
new text begin
(b) The commissioner of finance, in consultation with the Supreme Court
administrator, shall develop and implement a procedure to refund defendants for any fine
in excess of $300 for a conviction vacated under paragraph (a), without requiring that the
defendant request a refund. The procedure may require recovery of portions of the fines
that have been allocated by law to local governmental units.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 152.094,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
occurring on or after that date.
new text end
ARTICLE 4
PUBLIC SAFETY
Section 1.
new text begin
[4.055] GOVERNOR'S RESIDENCE EMPLOYEES AND
GOVERNOR APPOINTEE BACKGROUND CHECKS.
new text end
new text begin
The governor's office may request a check of:
new text end
new text begin
(1) systems accessible through the criminal justice data communications network,
including, but not limited to, criminal history, predatory offender registration, warrants,
and driver license record information from the Department of Public Safety;
new text end
new text begin
(2) the statewide supervision system maintained by the Department of Corrections;
and
new text end
new text begin
(3) national criminal history information maintained by the Federal Bureau of
Investigation;
new text end
new text begin
on candidates for positions within the governor's residence or appointment by the
governor. The candidate shall provide the governor's office with a written authorization
to conduct the check of these systems. For a check of the national criminal history
information, the request must also include a set of fingerprints which shall be sent to
the Bureau of Criminal Apprehension. The bureau has the authority to exchange the
fingerprints with the FBI to facilitate the national background check. The superintendent
may recover fees associated with the background checks from the governor's office.
new text end
Sec. 2.
new text begin
[5B.02] DEFINITIONS.
new text end
new text begin
(a) For purposes of this chapter and unless the context clearly requires otherwise, the
definitions in this section have the meanings given them.
new text end
new text begin
(b) "Address" means a residential street address, school address, or work address
of an individual, as specified on the individual's application to be a program participant
under this chapter.
new text end
new text begin
(c) "Domestic violence" means an act as defined in section 518B.01, subdivision
2, paragraph (a), and includes a threat of such acts committed against an individual in a
domestic situation, regardless of whether these acts or threats have been reported to law
enforcement officers.
new text end
new text begin
(d) "Program participant" means a person certified as a program participant under
section 5B.03.
new text end
new text begin
(e) "Stalking" means acts criminalized under section 609.749 and includes a threat
of such acts committed against an individual, regardless of whether these acts or threats
have been reported to law enforcement officers.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
new text begin
[5B.03] ADDRESS CONFIDENTIALITY PROGRAM.
new text end
new text begin Subdivision 1. new text end
new text begin Application. new text end
new text begin
An adult person, a parent or guardian acting on behalf
of a minor, or a guardian acting on behalf of an incapacitated person, as defined in section
524.5-102, may apply to the secretary of state to have an address designated by the
secretary of state serve as the person's address or the address of the minor or incapacitated
person. The secretary of state shall approve an application if it is filed in the manner and
on the form prescribed by the secretary of state and if it contains:
new text end
new text begin
(1) a statement under oath or affirmation by the applicant that the applicant has good
reason to believe (i) that the applicant, or the minor or incapacitated person on whose
behalf the application is made, is a victim of domestic violence, sexual assault, or stalking,
and (ii) that the applicant fears for his or her safety or his or her children's safety, or the
safety of the minor or incapacitated person on whose behalf the application is made;
new text end
new text begin
(2) a designation of the secretary of state as agent for purposes of service of process
and for the purpose of receipt of mail;
new text end
new text begin
(3) the address where the applicant can be contacted by the secretary of state, and
the phone number or numbers where the applicant can be called by the secretary of state;
new text end
new text begin
(4) the new address or addresses that the applicant requests not be disclosed for
the reason that disclosure will increase the risk of domestic violence, sexual assault,
or stalking; and
new text end
new text begin
(5) the signature of the applicant and of any individual or representative of any
office designated in writing under section 5B.05 who assisted in the preparation of the
application, and the date on which the applicant signed the application.
new text end
new text begin Subd. 2. new text end
new text begin Filing. new text end
new text begin
Applications must be filed with the Office of the Secretary of State.
new text end
new text begin Subd. 3. new text end
new text begin Certification. new text end
new text begin
Upon filing a properly completed application, the secretary
of state shall certify the applicant as a program participant. Applicants shall be certified for
four years following the date of filing unless the certification is withdrawn or invalidated
before that date. The secretary of state shall by rule establish a renewal procedure.
new text end
new text begin Subd. 4. new text end
new text begin False attesting. new text end
new text begin
A person who falsely attests in an application that
disclosure of the applicant's address would endanger the applicant's safety or the safety
of the applicant's children or the minor or incapacitated person on whose behalf the
application is made, or who knowingly provides false or incorrect information upon
making an application, is subject to prosecution under section 609.48.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 4.
new text begin
[5B.04] CERTIFICATION CANCELLATION.
new text end
new text begin
(a) If the program participant obtains a legal change of identity, the participant
loses certification as a program participant.
new text end
new text begin
(b) The secretary of state may cancel a program participant's certification if there is
a change in the residential address, unless the program participant provides the secretary
of state with at least two days' prior notice in writing of the change of address.
new text end
new text begin
(c) The secretary of state may cancel certification of a program participant if
mail forwarded by the secretary to the program participant's address is returned as
nondeliverable.
new text end
new text begin
(d) The secretary of state shall cancel certification of a program participant who
applies using false information.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
new text begin
[5B.05] AGENCY USE OF DESIGNATED ADDRESS.
new text end
new text begin
(a) A program participant may request that state and local agencies use the address
designated by the secretary of state as the program participant's address. When creating
a new public record, state and local agencies shall accept the address designated by the
secretary of state as a program participant's substitute address, unless the secretary of
state has determined that:
new text end
new text begin
(1) the agency has a bona fide statutory or administrative requirement for the use of
the address which would otherwise be confidential under this chapter; and
new text end
new text begin
(2) the address will be used only for bona fide statutory and administrative purposes.
new text end
new text begin
(b) A program participant may use the address designated by the secretary of state as
the program participant's work address.
new text end
new text begin
(c) The Office of the Secretary of State shall forward all first class mail to the
appropriate program participants.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 6.
new text begin
[5B.06] VOTING BY PROGRAM PARTICIPANT; USE OF
DESIGNATED ADDRESS BY COUNTY AUDITOR.
new text end
new text begin
A program participant who is otherwise qualified to vote may register as an ongoing
absentee voter. The county auditor shall transmit the absentee ballot to the program
participant at the mailing address provided. Neither the name nor the address of a program
participant may be included in any list of registered voters available to the public.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 7.
new text begin
[5B.07] DISCLOSURE OF RECORDS PROHIBITED; EXCEPTIONS.
new text end
new text begin
The secretary of state may not make any records in a program participant's file
available for inspection or copying, other than the address designated by the secretary of
state. Records may only be released pursuant to court order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 8.
new text begin
[5B.08] ASSISTANCE FOR PROGRAM APPLICANTS.
new text end
new text begin
The secretary of state shall designate state and local agencies and nonprofit agencies
that provide counseling and shelter services to victims of domestic violence, sexual
assault, or stalking to assist persons applying to be program participants. Any assistance
and counseling rendered by the Office of the Secretary of State or its designees to
applicants shall in no way be construed as legal advice.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 9.
new text begin
[5B.09] ADOPTION OF RULES.
new text end
new text begin
The secretary of state has good cause to adopt rules pursuant to section 14.388 to
facilitate the administration of this chapter by state and local agencies.
new text end
Sec. 10.
Minnesota Statutes 2004, section 13.82, is amended by adding a subdivision
to read:
new text begin Subd. 29. new text end
new text begin Juvenile offender photographs. new text end
new text begin
Notwithstanding section 260B.171,
chapter 609A, or other law to the contrary, photographs or electronically produced images
of children adjudicated delinquent under chapter 260B shall not be expunged from law
enforcement records or databases.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11.
Minnesota Statutes 2004, section 13.87, is amended by adding a subdivision to
read:
new text begin Subd. 4. new text end
new text begin Name and index service; data classification. new text end
new text begin
(a) For purposes of this
section, "name and event index service" means the data held by the Bureau of Criminal
Apprehension that link data about an individual that are stored in one or more databases
maintained in criminal justice agencies, as defined in section 299C.46, subdivision 2,
and in the judiciary.
new text end
new text begin
(b) Data collected, created, or maintained by the name and event index service
are classified as private data, pursuant to section 13.02, subdivision 12, and become
confidential data, pursuant to section 13.02, subdivision 3, when the data links private
or public data about a specific individual to any confidential data about that individual.
The data in the name and event index service revert to the private data classification when
no confidential data about a specific individual are maintained in the databases. The
classification of data in the name and event index service does not change the classification
of the data held in the databases linked by the service.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 12.
Minnesota Statutes 2004, section 181.973, is amended to read:
181.973 deleted text begin EMPLOYEEdeleted text end new text begin PUBLIC SAFETYnew text end PEER COUNSELING new text begin AND
new text end DEBRIEFING.
A person engaged in a public safety peer counseling new text begin or a public safety peer new text end debriefing
shall not, without the permission of the person being debriefednew text begin or counselednew text end , be allowed to
disclose any information or opinion which the peer group membernew text begin or peer counselornew text end has
acquired during the deleted text begin debriefingdeleted text end new text begin processnew text end . However, this does not prohibit a peer counselor
from disclosing information the peer counselor reasonably believes indicates that the
person may be a danger to self or others, if the information is used only for the purpose of
eliminating the danger to the person or others. Any information or opinion disclosed in
violation of this paragraph is not admissible as evidence in any personnel or occupational
licensing matter involving the person being debriefednew text begin or counselednew text end .
For purposes of this paragraph, "public safety peer counselingnew text begin or new text end debriefing"
means a group process oriented debriefing sessionnew text begin , or one-to-one contact with a peer
counselor,new text end held for peace officers, firefighters, medical emergency persons, dispatchers,
or other persons involved with public safety emergency services, that is established by
any agency providing public safety emergency services and is designed to help a person
who has suffered an occupation-related deleted text begin traumatic eventdeleted text end new text begin trauma, illness, or stressnew text end begin
the process of healing and effectively dealing withdeleted text begin posttraumatic stressdeleted text end new text begin the person's
problems or the use of the peer counselor for direction with referrals to better service
these occupation-related issues. A "peer counselor" means someone so designated by
that agencynew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 13.
Minnesota Statutes 2005 Supplement, 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, 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; or 609.3453; or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a violation of, or attempt to
violate, or aiding, abetting, or conspiracy to commit false imprisonment in violation of
section 609.255, subdivision 2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in sexual conduct in violation of
section 609.352; using a minor in a sexual performance in violation of section 617.246;
or possessing pornographic work involving a minor in violation of section 617.247, and
convicted of or adjudicated delinquent for that offense or another offense arising out
of the same set of circumstances;
(3) the person was sentenced as a patterned sex offender under section 609.108; or
(4) the person was convicted of or adjudicated delinquent for, including pursuant
to a court martial, violating a law of the United States, including the Uniform Code of
Military Justice, similar to the offenses described in clause (1), (2), or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent in another state for an
offense that would be a violation of a law described in paragraph (a) if committed in
this state;
(2) the person enters this state to reside, work, or attend school, or enters this state
and remains for 14 days or longer; 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 lifetime
registrationnew text begin . If the person is required to register for life under Minnesota law, or the
law of any other state in which the person has been convicted or required to registernew text end , deleted text begin in
which casedeleted text end the person shall register for life 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 section 253B.185 or 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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following enactment and
applies to any offender residing in Minnesota as of that date.
new text end
Sec. 14.
Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4, is
amended to read:
Subd. 4.
Contents of registration.
(a) The registration provided to the corrections
agent or law enforcement authority, must consist of a statement in writing signed by the
person, giving information required by the bureau, a fingerprint card, and photograph of
the person taken at the time of the person's release from incarceration or, if the person
was not incarcerated, at the time the person initially registered under this section. The
registration information also must include a written consent form signed by the person
allowing a treatment facility or residential housing unit or shelter to release information to
a law enforcement officer about the person's admission to, or residence in, a treatment
facility or residential housing unit or shelter. Registration information on adults and
juveniles may be maintained together notwithstanding section 260B.171, subdivision 3.
(b) For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law
of another state or the United States, in addition to other information required by this
section, the registration provided to the corrections agent or law enforcement authority
must include the person's offense history and documentation of treatment received during
the person's commitment. This documentation is limited to a statement of how far the
person progressed in treatment during commitment.
(c) Within three days of receipt, the corrections agent or law enforcement authority
shall forward the registration information to the bureau. The bureau shall ascertain
whether the person has registered with the law enforcement authority in the area of the
person's primary address, if any, or if the person lacks a primary address, where the person
is staying, as required by subdivision 3a. If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that authority.
(d) The corrections agent or law enforcement authority may require that a person
required to register under this section appear before the agent or authority to be
photographed. The agent or authority shall forward the photograph to the bureau.
new text begin (1) Except as provided in clause (2), new text end the agent or authority shall require a person
required to register under this section who is classified as a level III offender under
section 244.052 to appear before the agent or authority at least every six months to be
photographed.
new text begin
(2) The requirements of this paragraph shall not apply during any period where the
person to be photographed is: (i) committed to the commissioner of corrections and
incarcerated, (ii) incarcerated in a regional jail or county jail, or (iii) committed to the
commissioner of human services and receiving treatment in a secure treatment facility.
new text end
(e) During the period a person is required to register under this section, the following
provisions apply:
(1) Except for persons registering under subdivision 3a, the bureau shall mail a
verification form to the person's last reported primary address. This verification form must
provide notice to the offender that, if the offender does not return the verification form
as required, information about the offender may be made available to the public through
electronic, computerized, or other accessible means. For persons who are registered under
subdivision 3a, the bureau shall mail an annual verification form to the law enforcement
authority where the offender most recently reported. The authority shall provide the
verification form to the person at the next weekly meeting and ensure that the person
completes and signs the form and returns it to the bureau.
(2) The person shall mail the signed verification form back to the bureau within ten
days after receipt of the form, stating on the form the current and last address of the
person's residence and the other information required under subdivision 4a.
(3) In addition to the requirements listed in this section, a person who is assigned
to risk level II or III under section 244.052, and who is no longer under correctional
supervision for a registration offense, or a failure to register offense, but who resides,
works, or attends school in Minnesota, shall have an annual in-person contact with a law
enforcement authority as provided in this section. If the person resides in Minnesota, the
annual in-person contact shall be with the law enforcement authority that has jurisdiction
over the person's primary address or, if the person has no address, the location where the
person is staying. If the person does not reside in Minnesota but works or attends school
in this state, the person shall have an annual in-person contact with the law enforcement
authority or authorities with jurisdiction over the person's school or workplace. During
the month of the person's birth date, the person shall report to the authority to verify the
accuracy of the registration information and to be photographed. Within three days of this
contact, the authority shall enter information as required by the bureau into the predatory
offender registration database and submit an updated photograph of the person to the
bureau's predatory offender registration unit.
(4) If the person fails to mail the completed and signed verification form to the
bureau within ten days after receipt of the form, or if the person fails to report to the
law enforcement authority during the month of the person's birth date, the person is in
violation of this section.
(5) For any person who fails to mail the completed and signed verification form to
the bureau within ten days after receipt of the form and who has been determined to be
a risk level III offender under section 244.052, the bureau shall immediately investigate
and notify local law enforcement authorities to investigate the person's location and to
ensure compliance with this section. The bureau also shall immediately give notice of the
person's violation of this section to the law enforcement authority having jurisdiction over
the person's last registered address or addresses.
For persons required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law of
another state or the United States, the bureau shall comply with clause (1) at least four
times each year. For persons who, under section 244.052, are assigned to risk level III and
who are no longer under correctional supervision for a registration offense or a failure to
register offense, the bureau shall comply with clause (1) at least two times each year. For
all other persons required to register under this section, the bureau shall comply with clause
(1) each year within 30 days of the anniversary date of the person's initial registration.
(f) When sending out a verification form, the bureau shall determine whether the
person to whom the verification form is being sent has signed a written consent form
as provided for in paragraph (a). If the person has not signed such a consent form, the
bureau shall send a written consent form to the person along with the verification form.
A person who receives this written consent form shall sign and return it to the bureau
at the same time as the verification form.
Sec. 15.
Minnesota Statutes 2005 Supplement, section 243.166, subdivision 4b,
is amended to read:
Subd. 4b.
Health care facility; notice of status.
(a) For the purposes of this
subdivision, "health care facility" means a facility licensed by:
(1) the commissioner of health as a hospital, boarding care home or supervised
living facility under sections 144.50 to 144.58, or a nursing home under chapter 144A; or
(2) the commissioner of human services as a residential facility under chapter 245A
to provide adult foster care, adult mental health treatment, chemical dependency treatment
to adults, or residential services to persons with developmental disabilities.
(b) deleted text begin Upon admittancedeleted text end new text begin Prior to admission new text end to a health care facility, a person required to
register under this section shall disclose to:
(1) the health care facility employee processing the admission the person's status
as a registered predatory offender under this section; and
(2) the person's corrections agent, or if the person does not have an assigned
corrections agent, the law enforcement authority with whom the person is currently
required to register, that inpatient admission deleted text begin has occurreddeleted text end new text begin will occurnew text end .
(c) A law enforcement authority or corrections agent who receives notice under
paragraph (b) or who knows that a person required to register under this section new text begin is
planning to be admitted and receive, or new text end has been admitted and is receiving health care
at a health care facility shall notify the administrator of the facilitynew text begin and deliver a fact
sheet to the administrator containing the following information: (1) name and physical
description of the offender; (2) the offender's conviction history, including the dates of
conviction; (3) the risk level classification assigned to the offender under section 244.052,
if any; and (4) the profile of likely victimsnew text end .
(d) Except for a hospital licensed under sections 144.50 to 144.58, new text begin if new text end a health
care facility deleted text begin thatdeleted text end receives deleted text begin notice under this subdivision that a predatory offender has
been admitted to the facilitydeleted text end new text begin a fact sheet under paragraph (c) that includes a risk level
classification for the offender, and if the facility admits the offender, the facility new text end shall
deleted text begin notify otherdeleted text end new text begin distribute the fact sheet to all new text end residents at the facility deleted text begin of this factdeleted text end . If the facility
determines that deleted text begin noticedeleted text end new text begin distribution new text end to a resident is not appropriate given the resident's
medical, emotional, or mental status, the facility shall deleted text begin notifydeleted text end new text begin distribute the fact sheet to new text end the
patient's next of kin or emergency contact.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 16.
Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is
amended to read:
Subd. 6.
Registration period.
(a) Notwithstanding the provisions of section
609.165, subdivision 1, and except as provided in paragraphs (b), (c), and (d), a person
required to register under this section shall continue to comply with this section until ten
years have elapsed since the person initially registered in connection with the offense, or
until the probation, supervised release, or conditional release period expires, whichever
occurs later. For a person required to register under this section who is committed under
section 253B.18 or 253B.185, the ten-year registration period does not include the period
of commitment.
(b) If a person required to register under this section fails to provide the person's
primary address as required by subdivision 3, paragraph (b), fails to comply with the
requirements of subdivision 3a, fails to provide information as required by subdivision
4a, or fails to return the verification form referenced in subdivision 4 within ten days,
the commissioner of public safety may require the person to continue to register for an
additional period of five years. This five-year period is added to the end of the offender's
registration period.
(c) If a person required to register under this section is subsequently incarcerated
following a conviction for a new offense or following a revocation of probation,
supervised release, or conditional release for any offense, the person shall continue to
register until ten years have elapsed since the person was last released from incarceration
or until the person's probation, supervised release, or conditional release period expires,
whichever occurs later.
(d) A person shall continue to comply with this section for the life of that person:
(1) if the person is convicted of or adjudicated delinquent for any offense for which
registration is required under subdivision 1b, or any offense from another state or any
federal offense similar to the offenses described in subdivision 1b, and the person has a
prior conviction or adjudication for an offense for which registration was or would have
been required under subdivision 1b, or an offense from another state or a federal offense
similar to an offense described in subdivision 1b;
(2) if the person is required to register based upon a conviction or delinquency
adjudication for an offense under section 609.185, clause (2), or a similar statute from
another state or the United States;
(3) if the person is required to register based upon a conviction for an offense under
section 609.342, subdivision 1, paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 1, paragraph (a), (c), or (g);
or 609.345, subdivision 1, paragraph (a), (c), or (g); or a statute from another state or the
United States similar to the offenses described in this clause; deleted text begin or
deleted text end
(4) if the person is required to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185 or a similar law
of another state or the United Statesnew text begin ; or
new text end
new text begin (5) if a person was required to register for life in any other state in which the person
was previously convicted or required to registernew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment
and applies to any offender in Minnesota as of that date.
new text end
Sec. 17.
Minnesota Statutes 2005 Supplement, section 244.052, subdivision 4, is
amended to read:
Subd. 4.
Law enforcement agency; disclosure of information to public.
(a)
The law enforcement agency in the area where the predatory offender resides, expects
to reside, is employed, or is regularly found, shall disclose to the public any information
regarding the offender contained in the report forwarded to the agency under subdivision
3, paragraph (f), that is relevant and necessary to protect the public and to counteract the
offender's dangerousness, consistent with the guidelines in paragraph (b). The extent of
the information disclosed and the community to whom disclosure is made must relate to
the level of danger posed by the offender, to the offender's pattern of offending behavior,
and to the need of community members for information to enhance their individual and
collective safety.
(b) The law enforcement agency shall employ the following guidelines in
determining the scope of disclosure made under this subdivision:
(1) if the offender is assigned to risk level I, the agency may maintain information
regarding the offender within the agency and may disclose it to other law enforcement
agencies. Additionally, the agency may disclose the information to any victims of or
witnesses to the offense committed by the offender. The agency shall disclose the
information to victims of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate household;
(2) if the offender is assigned to risk level II, the agency also may disclose the
information to agencies and groups that the offender is likely to encounter for the purpose
of securing those institutions and protecting individuals in their care while they are on or
near the premises of the institution. These agencies and groups include the staff members
of public and private educational institutions, day care establishments, and establishments
and organizations that primarily serve individuals likely to be victimized by the offender.
The agency also may disclose the information to individuals the agency believes are likely
to be victimized by the offender. The agency's belief shall be based on the offender's
pattern of offending or victim preference as documented in the information provided by
the department of corrections or human services;
(3) if the offender is assigned to risk level III, the agency shall disclose the
information to the persons and entities described in clauses (1) and (2) and to other
members of the community whom the offender is likely to encounter, unless the law
enforcement agency determines that public safety would be compromised by the disclosure
or that a more limited disclosure is necessary to protect the identity of the victim.
Notwithstanding the assignment of a predatory offender to risk level II or III, a law
enforcement agency may not make the disclosures permitted or required by clause (2) or
(3), if: the offender is placed or resides in a residential facility. However, if an offender is
placed or resides in a residential facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the facility and the head of
the facility shall notify the commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days before the offender's scheduled
release date. The commissioner shall give this information to the law enforcement agency
having jurisdiction over the offender's likely residence. The head of the residential facility
also shall notify the commissioner of corrections or human services within 48 hours
after finalizing the offender's approved relocation plan to a permanent residence. Within
five days after receiving this notification, the appropriate commissioner shall give to
the appropriate law enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk factors in the offender's history
and the risk level to which the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted or required by clause
(2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2) and (3), "likely to encounter" means that:
(1) the organizations or community members are in a location or in close proximity
to a location where the offender lives or is employed, or which the offender visits or
is likely to visit on a regular basis, other than the location of the offender's outpatient
treatment program; and
(2) the types of interaction which ordinarily occur at that location and other
circumstances indicate that contact with the offender is reasonably certain.
(d) A law enforcement agency or official who discloses information under this
subdivision shall make a good faith effort to make the notification within 14 days of receipt
of a confirmed address from the Department of Corrections indicating that the offender
will be, or has been, released from confinement, or accepted for supervision, or has moved
to a new address and will reside at the address indicated. If a change occurs in the release
plan, this notification provision does not require an extension of the release date.
(e) A law enforcement agency or official who discloses information under this
subdivision shall not disclose the identity or any identifying characteristics of the victims
of or witnesses to the offender's offenses.
(f) A law enforcement agency shall continue to disclose information on an offender
as required by this subdivision for as long as the offender is required to register under
section 243.166. This requirement on a law enforcement agency to continue to disclose
information also applies to an offender who lacks a primary address and is registering
under section 243.166, subdivision 3a.
(g) A law enforcement agency that is disclosing information on an offender assigned
to risk level III to the public under this subdivision shall inform the commissioner of
corrections what information is being disclosed and forward this information to the
commissioner within two days of the agency's determination. The commissioner shall
post this information on the Internet as required in subdivision 4b.
(h) A city council may adopt a policy that addresses when information disclosed
under this subdivision must be presented in languages in addition to English. The policy
may address when information must be presented orally, in writing, or both in additional
languages by the law enforcement agency disclosing the information. The policy may
provide for different approaches based on the prevalence of non-English languages in
different neighborhoods.
(i) An offender who is the subject of a community notification meeting held pursuant
to this section may not attend the meeting.
new text begin
(j) When a school, day care facility, or other entity or program that primarily
educates or serves children receives notice under paragraph (b), clause (3), that a level III
predatory offender resides or works in the surrounding community, notice to parents must
be made as provided in this paragraph. If the predatory offender identified in the notice is
participating in programs offered by the facility that require or allow the person to interact
with children other than the person's children, the principal or head of the entity must
notify parents with children at the facility of the contents of the notice received pursuant
to this section. The immunity provisions of subdivision 7 apply to persons disclosing
information under this paragraph.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 18.
new text begin
[297I.06] SURCHARGES ON FIRE SAFETY PREMIUMS.
new text end
new text begin Subdivision 1. new text end
new text begin Insurance policies surcharge. new text end
new text begin
(a) Except as otherwise provided
in subdivision 2, each insurer engaged in writing policies of homeowners insurance
authorized in section 60A.06, subdivision 1, clause (1)(c), or commercial fire policies or
commercial nonliability policies shall collect a surcharge equal to 0.75 percent of the
gross premiums and assessments, less return premiums, on direct business received by the
company, or by its agents for it, for homeowner's insurance policies and commercial fire
insurance policies in this state.
new text end
new text begin
(b) The surcharge amount collected under paragraph (a) may not be considered
premium for any purpose, including the computation of premium tax or agents'
commissions. The surcharge amount must be separately stated on either a billing or policy
declaration sent to an insured.
new text end
new text begin
(c) Amounts collected by the commissioner under this section must be deposited in
the fire safety account established pursuant to subdivision 3.
new text end
new text begin Subd. 2. new text end
new text begin Exemptions. new text end
new text begin
(a) This section does not apply to a farmers' mutual fire
insurance company or township mutual fire insurance company in Minnesota organized
under chapter 67A.
new text end
new text begin
(b) An insurer described in section 297I.05, subdivisions 3 and 4, authorized to
transact business in Minnesota shall elect to remit to the Department of Revenue for
deposit in the fire safety account either (1) the surcharge amount collected under this
section, or (2) a tax of one-half of one percent on the gross fire premiums and assessments,
less return premiums, on all direct business received by the insurer or agents of the insurer
in Minnesota, in cash or otherwise, during the year.
new text end
new text begin
(c) For purposes of this subdivision, "gross fire premiums and assessments" includes
premiums on policies covering fire risks only on automobiles, whether written or under
floater form or otherwise.
new text end
new text begin Subd. 3. new text end
new text begin Fire safety account, annual transfers, allocation. new text end
new text begin
A special account, to
be known as the fire safety account, is created in the state treasury. The account consists of
the proceeds under subdivision 1.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007, and applies to policies
written or renewed after that date.
new text end
Sec. 19.
Minnesota Statutes 2004, section 297I.30, is amended by adding a subdivision
to read:
new text begin Subd. 8. new text end
new text begin Fire insurance surcharge. new text end
new text begin
On or before May 15, August 15, November
15, and February 15 of each year, every insurer required to pay the surcharge under
section 297I.06, subdivision 1, shall file a return with the commissioner for the preceding
three-month period ending March 31, June 30, September 30, and December 31, setting
forth any information the commissioner reasonably requires on forms prescribed by the
commissioner.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007, and applies to policies
written or renewed after that date.
new text end
Sec. 20.
new text begin
[299A.59] NOTICE OF MULTIPLE LAW ENFORCEMENT
OPERATIONS CONFLICTS.
new text end
new text begin
(a) Notwithstanding section 299C.405, the Department of Public Safety may employ
a secure subscription service designed to promote and enhance officer safety during
tactical operations by and between federal, state, and local law enforcement agencies
by notifying law enforcement agencies of conflicts where multiple law enforcement
operations may be occurring on the same subject or vehicle or on or near the same
location. The notification may include warrant executions, surveillance activities, SWAT
activities, undercover operations, and other investigative operations.
new text end
new text begin
(b) Data created, collected, received, maintained, or disseminated by this system is
classified as criminal investigative data as defined in section 13.82, subdivision 7.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 21.
new text begin
[299A.695] PREEMPTION OF LOCAL LAW; ILLEGAL
IMMIGRATION.
new text end
new text begin Subdivision 1. new text end
new text begin
Immigration status; prohibiting local governmental interference.
new text end
new text begin
(a) Notwithstanding any other provision of state or local law, a local governmental unit
or official may not prohibit by law, resolution, or ordinance, or in any way restrict any
governmental unit, official, or employee from sending to or receiving from United States
immigration authorities information regarding the citizenship or immigration status,
lawful or unlawful, of any individual.
new text end
new text begin
(b) Notwithstanding any other provision of state or local law, no local governmental
unit or local official may prohibit, or in any way restrict, a federal, state, or local
governmental employee from doing any of the following with respect to information
regarding the immigration status, lawful or unlawful, of any individual:
new text end
new text begin
(1) sending immigration information to, or requesting or receiving the information
from, the United States Immigration and Customs Enforcement Agency;
new text end
new text begin
(2) maintaining immigration information; and
new text end
new text begin
(3) exchanging immigration information with any other federal, state, or local
governmental unit.
new text end
new text begin
(c) Notwithstanding any other provision of state or local law, no local governmental
unit or official may prohibit by law, resolution, or ordinance, or unconditionally restrict
a federal, state, or local governmental employee from inquiring about a person's
immigration status.
new text end
new text begin
The phrase "unconditionally restrict" must not be interpreted to only apply to
investigations where immigration is an element of the crime.
new text end
new text begin
(d) Nothing in this subdivision shall prohibit or limit a local governmental unit from
enacting, following, and enforcing an ordinance or policy intended to eliminate racial
profiling by the local governmental unit's employees.
new text end
new text begin Subd. 2. new text end
new text begin Local governmental unit. new text end
new text begin
For purposes of this section, "local
governmental unit" means a county, statutory city, home rule charter city, or town.
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. 22.
Minnesota Statutes 2005 Supplement, section 299A.78, is amended to read:
299A.78 STATEWIDE HUMAN TRAFFICKING ASSESSMENT.
Subdivision 1.
Definitions.
For purposes of sections 299A.78 to , the following definitions apply:
(a) "Commissioner" means the commissioner of the Department of Public Safety.
(b) "Nongovernmental organizations" means nonprofit, nongovernmental
organizations that provide legal, social, or other community services.
(c) "Blackmail" has the meaning given in section 609.281, subdivision 2.
(d) "Debt bondage" has the meaning given in section 609.281, subdivision 3.
(e) "Forced labor or services" has the meaning given in section 609.281, subdivision
4.
(f) "Labor trafficking" has the meaning given in section 609.281, subdivision 5.
(g) "Labor trafficking victim" has the meaning given in section 609.281, subdivision
6.
(h) "Sex trafficking" has the meaning given in section 609.321, subdivision 7a.
(i) "Sex trafficking victim" has the meaning given in section 609.321, subdivision 7b.
(j) "Trafficking" includes "labor trafficking" and "sex trafficking."
(k) "Trafficking victim" includes "labor trafficking victim" and "sex trafficking
victim."
Subd. 2.
General duties.
The commissioner of public safety, in cooperation with
local authorities, shallnew text begin :
new text end
new text begin (1)new text end collect, share, and compile trafficking data among government agencies to assess
the nature and extent of trafficking in Minnesotadeleted text begin .deleted text end new text begin ; and
new text end
new text begin
(2) analyze collected data to develop a plan to address and prevent human trafficking.
new text end
Subd. 3.
Outside services.
As provided for in section 15.061, the commissioner of
public safety may contract with professional or technical services in connection with the
duties to be performed under deleted text begin sectiondeleted text end new text begin sections new text end 299A.785new text begin , 299A.79, and 299A.795new text end . The
commissioner may also contract with other outside organizations to assist with the duties
to be performed under deleted text begin sectiondeleted text end new text begin sections new text end 299A.785new text begin , 299A.79, and 299A.795new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 23.
new text begin
[299A.79] TRAFFICKING STUDY; ANALYSIS AND USE OF DATA.
new text end
new text begin Subdivision 1. new text end
new text begin Data analysis. new text end
new text begin
The commissioner shall analyze the data collected
in section 299A.785 to develop a plan to address current trafficking and prevent future
trafficking in Minnesota. The commissioner may evaluate various approaches used by
other state and local governments to address trafficking. The plan shall include, but not
be limited to:
new text end
new text begin
(1) ways to train agencies, organizations, and officials involved in law enforcement,
prosecution, and social services;
new text end
new text begin
(2) ways to increase public awareness of trafficking; and
new text end
new text begin
(3) establishing procedures to enable the state government to work with
nongovernmental organizations to prevent trafficking.
new text end
new text begin Subd. 2. new text end
new text begin Training plan. new text end
new text begin
The training plan required in subdivision 1 must include:
new text end
new text begin
(1) methods used in identifying trafficking victims, including preliminary interview
techniques and appropriate interrogation methods;
new text end
new text begin
(2) methods for prosecuting traffickers;
new text end
new text begin
(3) methods for protecting the rights of trafficking victims, taking into account
the need to consider human rights and special needs of women and children trafficking
victims; and
new text end
new text begin
(4) methods for promoting the safety of trafficking victims.
new text end
new text begin Subd. 3. new text end
new text begin Public awareness initiative. new text end
new text begin
The public awareness initiative required in
subdivision 1 must address, at a minimum, the following subjects:
new text end
new text begin
(1) the risks of becoming a trafficking victim;
new text end
new text begin
(2) common recruitment techniques; use of debt bondage, blackmail, forced labor
and services, prostitution, and other coercive tactics; and risks of assault, criminal sexual
conduct, exposure to sexually transmitted diseases, and psychological harm;
new text end
new text begin
(3) crime victims' rights; and
new text end
new text begin
(4) reporting recruitment activities involved in trafficking.
new text end
new text begin Subd. 4. new text end
new text begin Report to legislature. new text end
new text begin
The commissioner shall report the plan to the chairs
and ranking minority members of the senate and house committees and divisions having
jurisdiction over criminal justice policy and funding by December 15, 2006.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 24.
new text begin
[299A.795] TRAFFICKING VICTIM ASSISTANCE.
new text end
new text begin
The commissioner may review the existing services and facilities to meet trafficking
victims' needs and recommend a plan that would coordinate such services including,
but not limited to:
new text end
new text begin
(1) medical and mental health services;
new text end
new text begin
(2) housing;
new text end
new text begin
(3) education and job training;
new text end
new text begin
(4) English as a second language;
new text end
new text begin
(5) interpreting services;
new text end
new text begin
(6) legal and immigration services; and
new text end
new text begin
(7) victim compensation.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 25.
new text begin
[299A.7955] HUMAN TRAFFICKING TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Creation and duties. new text end
new text begin
By September 1, 2006, the commissioner
shall appoint a 22-member task force on human trafficking to advise the commissioner
on the commissioner's duties in sections 299A.78 to 299A.795. The task force shall
also serve as a liaison between the commissioner and agencies and nongovernmental
organizations that provide services to trafficking victims. The members shall receive
expense reimbursements as specified in section 15.059.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
To the extent possible, the human trafficking task force
consists of the following individuals, or their designees, who are knowledgeable in
trafficking, crime victims' rights, or violence protection:
new text end
new text begin
(1) a representative of the Minnesota Police Chiefs' Association;
new text end
new text begin
(2) a representative of the Bureau of Criminal Apprehension;
new text end
new text begin
(3) a representative of the Minnesota Sheriffs' Association;
new text end
new text begin
(4) a peace officer who works and resides in the metropolitan area, composed of
Hennepin, Ramsey, Anoka, Dakota, Scott, Washington, and Carver Counties;
new text end
new text begin
(5) a peace officer who works and resides in the nonmetropolitan area;
new text end
new text begin
(6) a county attorney who works in Hennepin County;
new text end
new text begin
(7) a county attorney who works in Ramsey County;
new text end
new text begin
(8) a representative of the attorney general;
new text end
new text begin
(9) a representative of the Department of Public Safety's office of justice program;
new text end
new text begin
(10) a representative of the federal Homeland Security Office;
new text end
new text begin
(11) a representative of the Department of Health and Human Services;
new text end
new text begin
(12) the chair or executive director of the Council on Asian-Pacific Minnesotans;
new text end
new text begin
(13) the chair or executive director of the Minnesota Chicano Latino Affairs Council;
new text end
new text begin
(14) a representative of the United States Attorney's Office; and
new text end
new text begin
(15) eight representatives from nongovernmental organizations which may include
representatives of:
new text end
new text begin
(i) the Minnesota Coalition for Battered Women;
new text end
new text begin
(ii) the Minnesota Coalition Against Sexual Assault;
new text end
new text begin
(iii) a statewide or local organization that provides civil legal services to women
and children;
new text end
new text begin
(iv) a statewide or local organization that provides mental health services to women
and children;
new text end
new text begin
(v) a statewide or local human rights and social justice advocacy organization;
new text end
new text begin
(vi) a statewide or local organization that provides services to victims of torture,
trauma, or human trafficking;
new text end
new text begin
(vii) a statewide or local organization that serves the needs of immigrants and
refugee women and children from diverse ethnic communities; and
new text end
new text begin
(viii) a statewide or local organization that provides legal services to low income
immigrants.
new text end
new text begin Subd. 3. new text end
new text begin Officers; meetings. new text end
new text begin
(a) The task force shall annually elect a chair and
vice-chair from among its members, and may elect other officers as necessary. The task
force shall meet at least quarterly, or upon the call of its chair. The task force shall meet
sufficiently enough to accomplish the tasks identified in this section.
new text end
new text begin
(b) The task force shall seek out and enlist the cooperation and assistance of
nongovernmental organizations and academic researchers, especially those specializing in
trafficking, representing diverse communities disproportionately affected by trafficking, or
focusing on child services and runaway services.
new text end
new text begin Subd. 4. new text end
new text begin Expiration. new text end
new text begin
Notwithstanding section 15.059, the task force expires June
30, 2011, or once it has implemented and evaluated the programs and policies in sections
299A.78 to 299A.795 to the satisfaction of the commissioner, whichever occurs first.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 26.
new text begin
[299A.85] REPORTING OF UNIDENTIFIED PERSONS/HUMAN
REMAINS.
new text end
new text begin Subdivision 1. new text end
new text begin Handling of death scene investigations. new text end
new text begin
(a) The Department of
Public Safety shall provide information to local law enforcement agencies about best
practices for handling death scene investigations.
new text end
new text begin
(b) The Department of Public Safety shall identify any publications or training
opportunities that may be available to local law enforcement agencies or law enforcement
officers concerning the handling of death scene investigations.
new text end
new text begin Subd. 2. new text end
new text begin Law enforcement reports. new text end
new text begin
(a) After performing any death scene
investigation considered appropriate under the circumstances, the official with custody of
the human remains shall ensure that the human remains are delivered to the appropriate
medical examiner.
new text end
new text begin
(b) A person with custody of human remains that are not identified within 24 hours
of discovery shall promptly notify the Department of Public Safety of the location of
those remains.
new text end
new text begin
(c) A person with custody of remains who cannot determine whether or not the
remains found are human shall notify the Department of Public Safety of the existence of
possible human remains.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 27.
Minnesota Statutes 2004, section 299C.095, subdivision 2, is amended to read:
Subd. 2.
Retention.
(a) Notwithstanding section 138.17, the bureau shall retain
juvenile history records for the time periods provided in this subdivision. Notwithstanding
contrary provisions of paragraphs (b) to (e), all data in a juvenile history record must
be retained for the longest time period applicable to any item in the individual juvenile
history record. If, before data are destroyed under this subdivision, the subject of the
data is convicted of a felony as an adult, the individual's juvenile history record must be
retained for the same time period as an adult criminal history record.
(b) Juvenile history data on a child who was arrested must be destroyed six months
after the arrest if the child has not been referred to a diversion program and no petition has
been filed against the child by that time.
(c) Juvenile history data on a child against whom a delinquency petition was filed
and subsequently dismissed must be destroyed upon receiving notice from the court that
the petition was dismissed.
(d) Juvenile history data on a child who was referred to a diversion program or
against whom a delinquency petition has been filed and continued for dismissal must be
destroyed when the child reaches age 21.
(e) Juvenile history data on a child against whom a delinquency petition was filed
and continued without adjudication, or a child who was found to have committed a felony
or gross misdemeanor-level offense, must be destroyed when the child reaches age 28. If
the new text begin adjudication was for an offense which requires registration pursuant to section 243.166
or 243.167, or the new text end offender commits a felony violation as an adult, the bureau shall retain
the data for as long as the data would have been retained if the offender had been an
adult at the time of the juvenile offense.
(f) The bureau shall retain extended jurisdiction juvenile data on an individual
received under section 260B.171, subdivision 2, paragraph (c), for as long as the data
would have been retained if the offender had been an adult at the time of the offense.
(g) Data retained on individuals under this subdivision are private data under section
13.02, except that extended jurisdiction juvenile data become public data under section
13.87, subdivision 2, when the juvenile court notifies the bureau that the individual's adult
sentence has been executed under section 260B.130, subdivision 5.
(h) A person who receives data on a juvenile under paragraphs (b) to (e) from the
bureau shall destroy the data according to the schedule in this subdivision, unless the
person has access to the data under other law. The bureau shall include a notice of the
destruction schedule with all data it disseminates on juveniles.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 28.
Minnesota Statutes 2005 Supplement, 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,
Criminal Justice Information Systems Section. 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, new text begin the Department of Corrections' Fugitive Apprehension
Unit,new text end a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
the Minnesota State Patrol.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 29.
Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is
amended to read:
Subd. 2.
Task force.
The policy group shall appoint a task force to assist them
in their duties. The task force shall monitor, review, and report to the policy group on
CriMNet-related projects and provide oversight to ongoing operations as directed by the
policy group. The task force shall consist of the following members:
(1) two sheriffs recommended by the Minnesota Sheriffs Association;
(2) two police chiefs recommended by the Minnesota Chiefs of Police Association;
(3) two county attorneys recommended by the Minnesota County Attorneys
Association;
(4) two city attorneys recommended by the Minnesota League of Cities;
(5) two public defenders appointed by the Board of Public Defense;
(6) two district judges appointed by the Conference of Chief Judges, one of whom is
currently assigned to the juvenile court;
(7) two community corrections administrators recommended by the Minnesota
Association of Counties, one of whom represents a community corrections act county;
(8) two probation officers;
(9) four public members, one of whom has been a victim of crime, and two who
are representatives of the private business community who have expertise in integrated
information systemsnew text begin and who for the purpose of meetings of the full task force may be
compensated pursuant to section 15.059new text end ;
(10) two court administrators;
(11) one member of the house of representatives appointed by the speaker of the
house;
(12) one member of the senate appointed by the majority leader;
(13) the attorney general or a designee;
(14) two individuals recommended by the Minnesota League of Cities, one of
whom works or resides in greater Minnesota and one of whom works or resides in the
seven-county metropolitan area;
(15) two individuals recommended by the Minnesota Association of Counties, one
of whom works or resides in greater Minnesota and one of whom works or resides in the
seven-county metropolitan area;
(16) the director of the Sentencing Guidelines Commission;
new text begin
(17) one member appointed by the state chief information officer;
new text end
deleted text begin (17)deleted text end new text begin (18)new text end one member appointed by the commissioner of public safety;
deleted text begin (18)deleted text end new text begin (19)new text end one member appointed by the commissioner of corrections;
deleted text begin (19)deleted text end new text begin (20)new text end one member appointed by the commissioner of administration; and
deleted text begin (20)deleted text end new text begin (21)new text end one member appointed by the chief justice of the Supreme Court.
In making these appointments, the appointing authority shall select members with
expertise in integrated data systems or best practices.
The commissioner of public safety may appoint additional, nonvoting members to
the task force as necessary from time to time.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 30.
Minnesota Statutes 2004, section 299E.01, subdivision 2, is amended to read:
Subd. 2.
Responsibilities.
The division shall be responsible new text begin and shall utilize
state employees new text end for security and public information services in deleted text begin the Capitol complex ofdeleted text end
state-owned buildingsnew text begin and state leased to own buildings in the Capitol area, as described
in section 15B.02new text end ; it shall provide such personnel as are required by the circumstances to
insure the orderly conduct of state business and the convenience of the public.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007.
new text end
Sec. 31.
Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read:
Subd. 5.
Appeal policy; variance.
Upon application, the state fire marshal may
grant variances from the minimum requirements specified in the code if there is substantial
compliance with the provisions of the code, the safety of the public and occupants of
such building will not be jeopardized, and undue hardship will result to the applicant
unless such variance is granted. No appeal to the state fire marshal for a variance from
new text begin orders issued by a local fire official from new text end the Uniform Fire Code shall be accepted until
the applicant has first made application to the local governing body and the local unit has
acted on the application. The state fire marshal shall consider deleted text begin the decisiondeleted text end new text begin any decisions
or recommendations new text end of the local governing body. Any person aggrieved by a decision
made by the fire marshal under this subdivision may proceed before the fire marshal as
with a contested case in accordance with the Administrative Procedure Act.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 32.
new text begin
[299F.012] FIRE SAFETY ACCOUNT.
new text end
new text begin Subdivision 1. new text end
new text begin Authorized programs within department. new text end
new text begin
From the revenues
appropriated from the fire safety account, established under section 297I.06, subdivision
3, the commissioner of public safety shall expend funds for the activities and programs
identified by the advisory committee established under subdivision 2 and recommended to
the commissioner of public safety. These funds are to be used to provide resources needed
for identified activities and programs of the Minnesota fire service and to ensure the State
Fire Marshal Division responsibilities are fulfilled.
new text end
new text begin Subd. 2. new text end
new text begin Fire service advisory committee. new text end
new text begin
The Fire Service Advisory Committee
shall provide recommendations to the commissioner of public safety on fire service related
issues and shall consist of representatives of each of the following organizations: two
appointed by the president of the Minnesota State Fire Chiefs Association, two appointed
by the president of the Minnesota State Fire Department Association, two appointed by
the president of the Minnesota Professional Fire Fighters, two appointed by the president
of the League of Minnesota Cities, one appointed by the president of the Minnesota
Association of Townships, one appointed by the president of the Insurance Federation
of Minnesota, one appointed jointly by the presidents of the Minnesota Chapter of the
International Association of Arson Investigators and the Fire Marshals Association of
Minnesota, and the commissioner of public safety or the commissioner's designee. The
commissioner of public safety must ensure that at least three of the members of the
advisory committee work and reside in counties outside of the seven-county metropolitan
area. The committee shall provide funding recommendations to the commissioner of
public safety from the fire safety fund for the following purposes:
new text end
new text begin
(1) for the Minnesota Board of Firefighter Training and Education;
new text end
new text begin
(2) for programs and staffing for the State Fire Marshal Division; and
new text end
new text begin
(3) for fire-related regional response team programs and any other fire service
programs that have the potential for statewide impact.
new text end
new text begin Subd. 3. new text end
new text begin Report; accounting; carryover. new text end
new text begin
The commissioner of public safety shall,
by December 1 of each year, (1) provide an accounting of how the funds in the fire safety
account were spent in the preceding fiscal year and (2) report any funds not spent in a
fiscal year to the chairs of the committees of the house of representatives and the senate
having jurisdiction over public safety finance. Money in the account does not cancel but
remains available for expenditures for the programs identified in subdivisions 1 and 2.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007, and applies to policies
written or renewed after that date.
new text end
Sec. 33.
new text begin
[299F.50] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope. new text end
new text begin
As used in sections 299F.50 to 299F.52, the terms defined in
this section have the meanings given them.
new text end
new text begin Subd. 2. new text end
new text begin Installed. new text end
new text begin
"Installed" means that an approved carbon monoxide alarm is
hard-wired into the electrical wiring, directly plugged into an electrical outlet without a
switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
new text end
new text begin Subd. 3. new text end
new text begin Single and multifamily dwelling. new text end
new text begin
"Single and multifamily dwelling"
means any building or structure which is wholly or partly used or intended to be used
for living or sleeping by human occupants.
new text end
new text begin Subd. 4. new text end
new text begin Dwelling unit. new text end
new text begin
"Dwelling unit" means an area meant for living or sleeping
by human occupants.
new text end
new text begin Subd. 5. new text end
new text begin Approved carbon monoxide alarm. new text end
new text begin
"Approved carbon monoxide alarm"
means a device meant for the purpose of detecting carbon monoxide that is certified by a
nationally recognized testing laboratory to conform to the latest Underwriters Laboratories
Standards (known as UL2034 standards).
new text end
new text begin Subd. 6. new text end
new text begin Operational. new text end
new text begin
"Operational" means working and in service.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007, for all newly
constructed single family and multifamily dwelling units for which building permits were
issued on or after January 1, 2007; August 1, 2008, for all existing single family dwelling
units; and August 1, 2009, for all multifamily dwelling units.
new text end
Sec. 34.
new text begin
[299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
new text end
new text begin Subdivision 1. new text end
new text begin Generally. new text end
new text begin
Every single family dwelling and every dwelling unit in
a multifamily dwelling must have an approved and operational carbon monoxide alarm
installed within ten feet of each room lawfully used for sleeping purposes.
new text end
new text begin Subd. 2. new text end
new text begin Owner's duties. new text end
new text begin
The owner of a multifamily dwelling unit which is
required to be equipped with one or more approved carbon monoxide alarms must:
new text end
new text begin
(1) provide and install one approved and operational carbon monoxide alarm within
ten feet of each room lawfully used for sleeping; and
new text end
new text begin
(2) replace any required carbon monoxide alarm that has been stolen, removed,
found missing, or rendered inoperable during a prior occupancy of the dwelling unit
and which has not been replaced by the prior occupant prior to the commencement of a
new occupancy of a dwelling unit.
new text end
new text begin Subd. 3. new text end
new text begin Occupant's duties. new text end
new text begin
The occupant of each dwelling unit in a multifamily
dwelling in which an approved and operational carbon monoxide alarm has been provided
and installed by the owner must:
new text end
new text begin
(1) keep and maintain the device in good repair; and
new text end
new text begin
(2) replace any device that is stolen, removed, missing, or rendered inoperable
during the occupancy of the dwelling unit.
new text end
new text begin Subd. 4. new text end
new text begin Battery removal prohibited. new text end
new text begin
No person shall remove batteries from, or in
any way render inoperable, a required carbon monoxide alarm.
new text end
new text begin Subd. 5. new text end
new text begin Exceptions; certain multifamily dwellings. new text end
new text begin
(a) In lieu of requirements
of subdivision 1, multifamily dwellings may have approved and operational carbon
monoxide alarms installed between 15 and 25 feet of carbon monoxide producing central
fixtures and equipment provided there is a centralized alarm system or other mechanism
for responsible parties to hear the alarm at all times.
new text end
new text begin
(b) An owner of a multifamily dwelling that contains minimal or no sources of
carbon monoxide may be exempted from the requirements of subdivision 1, provided that
such owner certifies to the commissioner of public safety that such multifamily dwelling
poses no foreseeable carbon monoxide risk to the health and safety to the dwelling units.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007, for all newly
constructed single family and multifamily dwelling units for which building permits were
issued on or after January 1, 2007; August 1, 2008, for all existing single family dwelling
units; and August 1, 2009, for all multifamily dwelling units.
new text end
Sec. 35.
new text begin
[299F.52] ENFORCEMENT.
new text end
new text begin
A violation of section 299F.50 or 299F.51 subjects the owner of the single family
dwelling, multifamily dwelling, or dwelling unit to the same penalty and enforcement
mechanism provided for violations of the Uniform Fire Code provided in section
299F.011, subdivision 6.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2007, for all newly
constructed single family and multifamily dwelling units for which building permits were
issued on or after January 1, 2007; August 1, 2008, for all existing single family dwelling
units; and August 1, 2009, for all multifamily dwelling units.
new text end
Sec. 36.
Minnesota Statutes 2004, section 525.9214, is amended to read:
525.9214 ROUTINE INQUIRY AND REQUIRED REQUEST; SEARCH AND
NOTIFICATION.
(a) If, at or near the time of death of a patient, there is no documentation in the
medical record that the patient has made or refused to make an anatomical gift, the hospital
administrator or a representative designated by the administrator shall discuss with the
patient or a relative of the patient the option to make or refuse to make an anatomical
gift and may request the making of an anatomical gift pursuant to section 525.9211 or
525.9212. The request must be made with reasonable discretion and sensitivity to the
circumstances of the family. A request is not required if the gift is not suitable, based
upon accepted medical standards, for a purpose specified in section 525.9215. An entry
must be made in the medical record of the patient, stating the name of the individual
making the request, and the name, response, and relationship to the patient of the person
to whom the request was made.
(b) The following persons shall make a reasonable search for a document of gift or
other information identifying the bearer as a donor or as an individual who has refused to
make an anatomical gift:
(1) a law enforcement officer, firefighter, paramedic, or other emergency rescuer
finding an individual who the searcher believes is dead or near death;
(2) a hospital or emergency care facility, upon the admission or presentation of an
individual at or near the time of death, if there is not immediately available any other
source of that information; and
(3) a medical examiner or coroner upon receipt of a body.
(c) If a document of gift or evidence of refusal to make an anatomical gift is located
by the search required by paragraph (b), clause (1), and the individual or body to whom
it relates is taken to a hospital, the hospital must be notified of the contents and the
document or other evidence must be sent to the hospital.new text begin If a document of gift is located
by the search required by paragraph (b), clause (1), and the individual or body to whom it
relates is taken to a morgue, the person who discovered the document of gift must notify
the person's dispatcher. A dispatcher notified under this section must notify the state's
federally designated organ procurement organization and inform the organization of the
deceased's name, donor status, and location.
new text end
(d) If, at or near the time of death of a patient, a hospital knows that an anatomical
gift has been made pursuant to section 525.9212, paragraph (a), or a release and removal
of a part has been permitted pursuant to section 525.9213, or that a patient or an individual
identified as in transit to the hospital is a donor, the hospital shall notify the donee if one
is named and known to the hospital; if not, it shall notify an appropriate procurement
organization. The hospital shall cooperate in the implementation of the anatomical gift
or release and removal of a part.
(e) A person who fails to discharge the duties imposed by this section is not subject
to criminal or civil liability.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 37.
Minnesota Statutes 2004, section 611A.0315, is amended to read:
611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT;
HARASSMENT.
Subdivision 1.
Notice of decision not to prosecute.
(a) A prosecutor shall make
every reasonable effort to notify a victim of domestic assaultnew text begin , a criminal sexual conduct
offense,new text end or harassment 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 mail. If a suspect is still in custody,
the 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 assaultnew text begin , a criminal sexual conduct offense,new text end or harassment, 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 or harassment 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" means a violation of section 609.749.
new text begin
(e) "Criminal sexual conduct offense" means a violation of sections 609.342 to
609.3453.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 38.
Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:
Subd. 8.
Suspension, revocation, or refusal to renew certification.
new text begin (a) new text end The state
fire marshal may suspend, revoke, or refuse to renew certification of an operator if the
operator has:
(1) submitted a fraudulent application;
(2) caused or permitted a fire or safety hazard to exist or occur during the storage,
transportation, handling, preparation, or use of fireworks;
(3) conducted a display of fireworks without receipt of a permit required by the
state or a political subdivision;
(4) conducted a display of fireworks with assistants who were not at least 18 years of
age, properly instructed, and continually supervised; or
(5) otherwise failed to comply with any federal or state law or regulation, or the
guidelines, relating to fireworks.
new text begin
(b) Any person aggrieved by a decision made by the state fire marshal under this
subdivision may petition the state fire marshal in writing to reconsider the decision. The
state fire marshal shall render a decision in writing within 30 days of receipt of the
written request for reconsideration. Following reconsideration, the person may appeal
the decision to the district court.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 39.
new text begin
[626.9601] DEFINITIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Scope of definitions. new text end
new text begin
For purposes of sections 626.9601 to 626.9615,
the following terms have the meanings given them.
new text end
new text begin Subd. 2. new text end
new text begin Bloodborne pathogens. new text end
new text begin
"Bloodborne pathogens" means pathogenic
microorganisms that are present in human blood and can cause disease in humans. These
pathogens include, but are not limited to, hepatitis B virus (HBV), hepatitis C virus
(HCV), and human immunodeficiency virus (HIV).
new text end
new text begin Subd. 3. new text end
new text begin Law enforcement agency. new text end
new text begin
"Law enforcement agency" has the meaning
given in section 626.84, subdivision 1.
new text end
new text begin Subd. 4. new text end
new text begin Peace officer. new text end
new text begin
"Peace officer" is an individual employed as a licensed
peace officer under section 626.84, subdivision 1.
new text end
new text begin Subd. 5. new text end
new text begin Source individual. new text end
new text begin
"Source individual" means an individual, living
or dead, whose blood, tissue, or potentially infectious body fluids may be a source of
bloodborne pathogen exposure to a peace officer.
new text end
new text begin Subd. 6. new text end
new text begin Significant exposure. new text end
new text begin
"Significant exposure" means contact likely to
transmit a bloodborne pathogen, in a manner supported by the most current guidelines and
recommendations of the United States Public Health Service at the time an evaluation
takes place, that includes:
new text end
new text begin
(1) percutaneous injury, contact of mucous membrane or nonintact skin, or
prolonged contact of intact skin; and
new text end
new text begin
(2) contact, in a manner that may transmit a bloodborne pathogen, with blood,
tissue, or potentially infectious body fluids.
new text end
new text begin Subd. 7. new text end
new text begin Facility. new text end
new text begin
"Facility" means a hospital licensed under sections 144.50 to
144.56 or a freestanding emergency medical care facility licensed under Laws 1988,
chapter 467, that receives a peace officer for evaluation for significant exposure or a
source individual whose bodily fluids contacted a peace officer.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 40.
new text begin
[626.9602] CONDITIONS FOR APPLICABILITY OF PROCEDURES.
new text end
new text begin Subdivision 1. new text end
new text begin Request for procedures. new text end
new text begin
A peace officer or law enforcement agency
may request that a facility follow the procedures of sections 626.9601 to 626.9615 when a
peace officer may have experienced a significant exposure to a source individual.
new text end
new text begin Subd. 2. new text end
new text begin Conditions. new text end
new text begin
A facility shall follow the procedures outlined in sections
626.9601 to 626.9615 when all of the following conditions are met:
new text end
new text begin
(1) the facility determines that significant exposure has occurred, following the
protocol under section 626.9614;
new text end
new text begin
(2) the licensed physician for the peace officer needs the source individual's
bloodborne pathogen test results to begin, continue, modify, or discontinue treatment, in
accordance with the most current guidelines of the United States Public Health Service,
because of possible exposure to a bloodborne pathogen; and
new text end
new text begin
(3) the peace officer consents to provide a blood sample for testing for a bloodborne
pathogen. If the peace officer consents to blood collection, but does not consent at that
time to bloodborne pathogen testing, the facility shall preserve the sample for at least 90
days. If the peace officer elects to have the sample tested within 90 days, the testing
shall be done as soon as feasible.
new text end
new text begin Subd. 3. new text end
new text begin Locating source individual. new text end
new text begin
If the source individual is not received by a
facility but the facility is providing treatment to the peace officer, the law enforcement
agency shall make reasonable efforts to locate the source individual and inform the facility
of the source individual's identity and location. The facility shall make a reasonable effort
to contact the source individual in order to follow the procedures in sections 626.9601 to
626.9615. The law enforcement agency and facilities may exchange private data about
the source individual as necessary to fulfill their responsibilities under this subdivision,
notwithstanding any provision of law to the contrary.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 41.
new text begin
[626.9603] INFORMATION REQUIRED TO BE GIVEN TO
INDIVIDUALS.
new text end
new text begin Subdivision 1. new text end
new text begin Information to source individual. new text end
new text begin
(a) Before seeking any consent
required by the procedures under sections 626.9601 to 626.9615, a facility shall inform
the source individual that the source individual's bloodborne pathogen test results, without
the individual's name, address, or other uniquely identifying information, shall be reported
to the peace officer if requested, and that test results collected under sections 626.9601 to
626.9615 are for medical purposes as set forth in section 626.9609 and may not be used as
evidence in any criminal proceedings or civil proceedings, except for procedures under
sections 144.4171 to 144.4186.
new text end
new text begin
(b) The facility shall inform the source individual of the insurance protections in
section 72A.20, subdivision 29.
new text end
new text begin
(c) The facility shall inform the source individual that the individual may refuse to
provide a blood sample and that the source individual's refusal may result in a request for
a court order to require the source individual to provide a blood sample.
new text end
new text begin
(d) The facility shall inform the source individual that the facility will advise the
peace officer of the confidentiality requirements and penalties before disclosing any test
information.
new text end
new text begin Subd. 2. new text end
new text begin Information to peace officer. new text end
new text begin
(a) Before disclosing any information about
the source individual, the facility shall inform the peace officer of the confidentiality
requirements of section 626.9611 and that the peace officer may be subject to penalties for
unauthorized release of information about the source individual under section 626.9612.
new text end
new text begin
(b) The facility shall inform the peace officer of the insurance protections in section
72A.20, subdivision 29.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 42.
new text begin
[626.9604] DISCLOSURE OF POSITIVE BLOODBORNE PATHOGEN
TEST RESULTS.
new text end
new text begin
If the conditions of sections 626.9602 and 626.9603 are met, the facility shall ask the
source individual and the peace officer if they have ever had a positive test for a bloodborne
pathogen. The facility must attempt to get existing test results under this section before
taking any steps to obtain a blood sample or to test for bloodborne pathogens. The facility
shall disclose the source individual's bloodborne pathogen test results to the peace officer
without the source individual's name, address, or other uniquely identifying information.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 43.
new text begin
[626.9605] CONSENT PROCEDURES; GENERALLY.
new text end
new text begin
(a) For purposes of sections 626.9601 to 626.9615, whenever the facility is required
to seek consent, the facility shall follow its usual procedure for obtaining consent from an
individual or an individual's representative consistent with other law applicable to consent.
new text end
new text begin
(b) Consent from a source individual's representative for bloodborne pathogen
testing of an existing blood sample obtained from the source individual is not required if
the facility has made reasonable efforts to obtain the representative's consent and consent
cannot be obtained within 24 hours of a significant exposure.
new text end
new text begin
(c) If testing of the source individual's blood occurs without consent because the
source individual is unable to provide consent or has left the facility and cannot be located,
and the source individual's representative cannot be located, the facility shall provide
the information required in section 626.9603 to the source individual or representative
whenever it is possible to do so.
new text end
new text begin
(d) If a source individual dies before an opportunity to consent to blood collection
or testing under sections 626.9601 to 626.9615, the facility does not need consent of the
deceased person's representative for purposes of sections 626.9601 to 626.9615.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 44.
new text begin
[626.9606] TESTING OF AVAILABLE BLOOD.
new text end
new text begin Subdivision 1. new text end
new text begin Procedures with consent. new text end
new text begin
If the source individual is or was under
the care or custody of the facility and a sample of the source individual's blood is available
with the consent of the source individual, the facility shall test that blood for bloodborne
pathogens with the consent of the source individual, provided the conditions in sections
626.9602 and 626.9603 are met.
new text end
new text begin Subd. 2. new text end
new text begin Procedures without consent. new text end
new text begin
If the source individual has provided a blood
sample with consent but does not consent to bloodborne pathogen testing, the facility shall
test for bloodborne pathogens if the peace officer or law enforcement agency requests the
test, provided all of the following criteria are met:
new text end
new text begin
(1) the peace officer or law enforcement agency has documented exposure to blood
or body fluids during performance of the peace officer's duties;
new text end
new text begin
(2) the facility has determined that a significant exposure has occurred and a licensed
physician for the peace officer has documented in the peace officer's medical record that
bloodborne pathogen test results are needed for beginning, modifying, continuing, or
discontinuing medical treatment for the peace officer under section 626.9614, subdivision
2;
new text end
new text begin
(3) the peace officer provides a blood sample for testing for bloodborne pathogens
as soon as feasible;
new text end
new text begin
(4) the facility asks the source individual to consent to a test for bloodborne
pathogens and the source individual does not consent;
new text end
new text begin
(5) the facility has provided the source individual with all of the information required
by section 626.9603; and
new text end
new text begin
(6) the facility has informed the peace officer of the confidentiality requirements
of section 626.9611 and the penalties for unauthorized release of source information
under section 626.9612.
new text end
new text begin Subd. 3. new text end
new text begin Follow-up. new text end
new text begin
The facility shall inform the source individual and the peace
officer of their own test results. The facility shall inform the peace officer of the source
individual's test results without the source individual's name, address, or other uniquely
identifying information.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 45.
new text begin
[626.9607] BLOOD SAMPLE COLLECTION FOR TESTING.
new text end
new text begin Subdivision 1. new text end
new text begin Procedures with consent. new text end
new text begin
(a) If a blood sample is not otherwise
available, the facility shall obtain consent from the source individual before collecting
a blood sample for testing for bloodborne pathogens. The consent process shall include
informing the source individual that the individual may refuse to provide a blood sample
and that the source individual's refusal may result in a request for a court order under
subdivision 2 to require the source individual to provide a blood sample.
new text end
new text begin
(b) If the source individual consents to provide a blood sample, the facility shall
collect a blood sample and test the sample for bloodborne pathogens.
new text end
new text begin
(c) The facility shall inform the peace officer about the source individual's test
results without the individual's name, address, or other uniquely identifying information.
The facility shall inform the source individual of the test results.
new text end
new text begin
(d) If the source individual refuses to provide a blood sample for testing, the facility
shall inform the peace officer of the source individual's refusal.
new text end
new text begin Subd. 2. new text end
new text begin Procedures without consent. new text end
new text begin
(a) A law enforcement agency or a peace
officer may bring a petition for a court order to require a source individual to provide a
blood sample for testing for bloodborne pathogens. The petition shall be filed in the
district court in the county where the source individual resides or is hospitalized or where
the peace officer is being treated. The petitioner is not required to serve the petition on the
source individual prior to the hearing. The petition shall include one or more affidavits
attesting that:
new text end
new text begin
(1) the facility followed the procedures in sections 626.9601 to 626.9615 and
attempted to obtain bloodborne pathogen test results according to those sections;
new text end
new text begin
(2) it has been determined under section 626.9614, subdivision 2, that a significant
exposure has occurred to the peace officer; and
new text end
new text begin
(3) a physician with specialty training in infectious diseases, including HIV, has
documented that the peace officer has provided a blood sample and consented to testing
for bloodborne pathogens and bloodborne pathogen test results are needed for beginning,
continuing, modifying, or discontinuing medical treatment for the peace officer.
new text end
new text begin
(b) Facilities shall cooperate with petitioners in providing any necessary affidavits to
the extent that facility staff can attest under oath to the facts in the affidavits.
new text end
new text begin
(c) The court must issue an order requiring the source individual to provide a
blood sample for bloodborne pathogen testing within 48 hours of receiving the order if
the court finds that:
new text end
new text begin
(1) there is probable cause to believe the peace officer has experienced a significant
exposure to the source individual;
new text end
new text begin
(2) a licensed physician for the peace officer needs the test results for beginning,
continuing, modifying, or discontinuing medical treatment for the peace officer; and
new text end
new text begin
(3) there is a reasonable need for the test results. In assessing reasonable need,
the court shall weigh the need for the court-ordered blood collection and test results
against the interests of the source individual, including, but not limited to, privacy, health,
safety, or economic interests. The court shall also consider whether the involuntary blood
collection and testing would serve the public interest.
new text end
new text begin
(d) As part of an order issued under this subdivision, the court must impose
appropriate safeguards against unauthorized disclosure that must specify the persons who
have access to the test results and the purposes for which the test results may be used.
new text end
new text begin
(e) The court shall schedule the hearing within 24 hours of receiving the petition and
may conduct the proceeding in camera unless the court determines that a public hearing
is necessary for the proper administration of justice. The source individual need not be
present or have received notice of the hearing for the court to proceed. The evidence or
testimony in support or opposition to a petition may be made or taken by telephone,
facsimile transmission, video equipment, or other electronic communication. The court
shall issue its ruling within 24 hours of the conclusion of the hearing.
new text end
new text begin
(f) If the source individual did not make an appearance at the hearing, the petitioner
must personally serve the source individual with a copy of the ex parte order along with a
copy of the petition and supporting affidavits. A notice of the right to contest the order and
the deadline for filing the appeal must accompany service of the order and petition.
new text end
new text begin
(g) If the source individual did not make an appearance at the hearing, the source
individual may petition the court for a hearing to contest the court order. The source
individual's appeal must be filed within 48 hours of the person receiving the ex parte
order. The person may not be compelled to submit to a blood test during the pendency
of an appeal. The court must hold a hearing within 24 hours from the date the appeal is
filed. The court may vacate its ex parte order if the source individual proves by clear and
convincing evidence that the person's bodily fluids did not contact the peace officer. The
court must issue a ruling within 24 hours of the conclusion of the hearing.
new text end
new text begin
(h) A source individual who fails or refuses to comply with the terms and conditions
of an order issued under this section shall be in contempt of court and subject to
confinement under section 588.12 until the person has complied with the order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 46.
new text begin
[626.9608] NO DISCRIMINATION.
new text end
new text begin
A facility shall not base decisions about admission to a facility or the provision of
care or treatment on any requirement that the source individual consent to bloodborne
pathogen testing under sections 626.9601 to 626.9615.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 47.
new text begin
[626.9609] USE OF TEST RESULTS.
new text end
new text begin
Bloodborne pathogen test results of a source individual obtained under sections
626.9601 to 626.9615 are for diagnostic purposes and to determine the need for treatment
or medical care specific to a bloodborne pathogen-related illness of a peace officer. The
test results may not be used as evidence in any criminal proceedings or civil proceedings,
except for procedures under sections 144.4171 to 144.4186.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 48.
new text begin
[626.9611] TEST INFORMATION CONFIDENTIALITY.
new text end
new text begin Subdivision 1. new text end
new text begin Private data. new text end
new text begin
Information concerning test results obtained under
sections 626.9601 to 626.9615 is information protected from disclosure without consent
under section 144.335 with respect to private facilities and private data as defined in
section 13.02, subdivision 12, with respect to public facilities.
new text end
new text begin Subd. 2. new text end
new text begin Consent to release information. new text end
new text begin
No facility, individual, or employer shall
disclose to a peace officer the name, address, or other uniquely identifying information
about a source individual without a written release signed by the source individual or the
source individual's legally authorized representative. The facility shall not record the
name, address, or other uniquely identifying information about the source individual's test
results in the peace officer's medical records.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 49.
new text begin
[626.9612] PENALTY FOR UNAUTHORIZED RELEASE OF
INFORMATION.
new text end
new text begin
Unauthorized release by an individual, facility, or agency of a source individual's
name, address, or other uniquely identifying information under sections 626.9601 to
626.9615 is subject to the remedies and penalties under sections 13.08 and 13.09. This
section does not preclude private causes of action against an individual, state agency,
statewide system, political subdivision, or person responsible for releasing private data
or information protected from disclosure.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 50.
new text begin
[626.9613] RESPONSIBILITY FOR TESTING AND TREATMENT;
COSTS.
new text end
new text begin
(a) The facility shall ensure that tests under sections 626.9601 to 626.9615 are
performed if requested by the peace officer or law enforcement agency, provided the
conditions set forth in sections 626.9601 to 626.9615 are met.
new text end
new text begin
(b) The law enforcement agency that employs the peace officer who requests
testing under sections 626.9601 to 626.9615 must pay or arrange payment for the cost
of counseling, testing, and treatment of the peace officer and costs associated with the
testing of the source individual.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 51.
new text begin
[626.9614] PROTOCOLS FOR EXPOSURE TO BLOODBORNE
PATHOGENS.
new text end
new text begin Subdivision 1. new text end
new text begin Law enforcement agency requirements. new text end
new text begin
The law enforcement
agency shall have procedures for a peace officer to notify a facility that the person may
have experienced a significant exposure from a source individual. The law enforcement
agency shall also have a protocol to locate the source individual if the facility has
not received the source individual and the law enforcement agency knows the source
individual's identity.
new text end
new text begin Subd. 2. new text end
new text begin Facility protocol requirements. new text end
new text begin
Every facility shall adopt and follow a
postexposure protocol for peace officers who have experienced a significant exposure. The
postexposure protocol must adhere to the most current recommendations of the United
States Public Health Service and include, at a minimum, the following:
new text end
new text begin
(1) a process for peace officers to report an exposure in a timely fashion;
new text end
new text begin
(2) a process for an infectious disease specialist, or a licensed physician who is
knowledgeable about the most current recommendations of the United States Public
Health Service in consultation with an infectious disease specialist;
new text end
new text begin
(i) to determine whether a significant exposure to one or more bloodborne pathogens
has occurred; and
new text end
new text begin
(ii) to provide, under the direction of a licensed physician, a recommendation
or recommendations for follow-up treatment appropriate to the particular bloodborne
pathogen or pathogens for which a significant exposure has been determined;
new text end
new text begin
(3) if there has been a significant exposure, a process to determine whether the
source individual has a bloodborne pathogen through disclosure of test results, or through
blood collection and testing as required by sections 626.9601 to 626.9615;
new text end
new text begin
(4) a process for providing appropriate counseling prior to and following testing for
a bloodborne pathogen regarding the likelihood of bloodborne pathogen transmission
and follow-up recommendations according to the most current recommendations of the
United States Public Health Service, recommendations for testing, and treatment to the
peace officer;
new text end
new text begin
(5) a process for providing appropriate counseling under clause (4) to the peace
officer and the source individual; and
new text end
new text begin
(6) compliance with applicable state and federal laws relating to data practices,
confidentiality, informed consent, and the patient bill of rights.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 52.
new text begin
[626.9615] PENALTIES AND IMMUNITY.
new text end
new text begin Subdivision 1. new text end
new text begin Penalties. new text end
new text begin
Any facility or person who willfully violates the
provisions of sections 626.9601 to 626.9615 is guilty of a misdemeanor.
new text end
new text begin Subd. 2. new text end
new text begin Immunity. new text end
new text begin
A facility, licensed physician, and designated health care
personnel are immune from liability in any civil, administrative, or criminal action relating
to the disclosure of test results to a peace officer or law enforcement agency and the testing
of a blood sample from the source individual for bloodborne pathogens if a good faith
effort has been made to comply with sections 626.9601 to 626.9615.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 53. new text begin RICHFIELD DISABLED FIREFIGHTER HEALTH CARE
ELIGIBILITY REVIEW.
new text end
new text begin Subdivision 1. new text end
new text begin Authorization. new text end
new text begin
An eligible individual specified in subdivision 2 is
authorized to have a review of health care coverage eligibility as specified in subdivision 3.
new text end
new text begin Subd. 2. new text end
new text begin Eligibility. new text end
new text begin
An eligible person is an individual who:
new text end
new text begin
(1) was a member of the Public Employees Retirement Association police and fire
plan due to employment as a firefighter with the city of Richfield;
new text end
new text begin
(2) became disabled and was granted a duty-related disability benefit from the Public
Employees Retirement Association police and fire plan on November 20, 2002; and
new text end
new text begin
(3) is not receiving employer-paid health care coverage under the program
established by Minnesota Statutes, section 299A.465, due to a determination by the city
of Richfield that the individual does not satisfy all eligibility requirements for inclusion
under that program.
new text end
new text begin Subd. 3. new text end
new text begin Treatment. new text end
new text begin
Notwithstanding that the disability benefit was granted
before the creation of the review panel, and notwithstanding Minnesota Statutes, section
299A.465, subdivision 6, which requires that applications for review by the panel
created under that section be submitted to the panel within 90 days of approval of a
disability benefit application by the applicable retirement plan, an eligible individual
under subdivision 2 may submit an application to the panel within 90 days of the effective
date of this section. The panel shall make a determination of whether the firefighter meets
the requirements of Minnesota Statutes, section 299A.465, subdivision 1, paragraph (a),
clause (2). The panel's final determination is binding on the applicant and the employer,
subject to any right of judicial review.
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. 54. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 297I.05, subdivision 6,
new text end
new text begin
is repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2007, and applies to policies
written or renewed on or after that date.
new text end
ARTICLE 5
CORRECTIONS
Section 1.
Minnesota Statutes 2004, section 43A.08, subdivision 1, is amended to read:
Subdivision 1.
Unclassified positions.
Unclassified positions are held by employees
who are:
(1) chosen by election or appointed to fill an elective office;
(2) heads of agencies required by law to be appointed by the governor or other
elective officers, and the executive or administrative heads of departments, bureaus,
divisions, and institutions specifically established by law in the unclassified service;
(3) deputy and assistant agency heads and one confidential secretary in the agencies
listed in subdivision 1a and in the Office of Strategic and Long-Range Planning;
(4) the confidential secretary to each of the elective officers of this state and, for the
secretary of state and state auditor, an additional deputy, clerk, or employee;
(5) intermittent help employed by the commissioner of public safety to assist in
the issuance of vehicle licenses;
(6) employees in the offices of the governor and of the lieutenant governor and one
confidential employee for the governor in the Office of the Adjutant General;
(7) employees of the Washington, D.C., office of the state of Minnesota;
(8) employees of the legislature and of legislative committees or commissions;
provided that employees of the Legislative Audit Commission, except for the legislative
auditor, the deputy legislative auditors, and their confidential secretaries, shall be
employees in the classified service;
(9) presidents, vice-presidents, deans, other managers and professionals in
academic and academic support programs, administrative or service faculty, teachers,
research assistants, and student employees eligible under terms of the federal Economic
Opportunity Act work study program in the Perpich Center for Arts Education and the
Minnesota State Colleges and Universities, but not the custodial, clerical, or maintenance
employees, or any professional or managerial employee performing duties in connection
with the business administration of these institutions;
(10) officers and enlisted persons in the National Guard;
(11) attorneys, legal assistants, and three confidential employees appointed by the
attorney general or employed with the attorney general's authorization;
(12) judges and all employees of the judicial branch, referees, receivers, jurors, and
notaries public, except referees and adjusters employed by the Department of Labor
and Industry;
(13) members of the State Patrol; provided that selection and appointment of State
Patrol troopers must be made in accordance with applicable laws governing the classified
service;
(14) deleted text begin chaplains employed by the state;
deleted text end
deleted text begin (15)deleted text end examination monitors and intermittent training instructors employed by the
Departments of Employee Relations and Commerce and by professional examining boards
and intermittent staff employed by the technical colleges for the administration of practical
skills tests and for the staging of instructional demonstrations;
deleted text begin (16) deleted text end new text begin (15) new text end student workers;
deleted text begin (17) deleted text end new text begin (16) new text end executive directors or executive secretaries appointed by and reporting to
any policy-making board or commission established by statute;
deleted text begin (18) deleted text end new text begin (17) new text end employees unclassified pursuant to other statutory authority;
deleted text begin (19) deleted text end new text begin (18) new text end intermittent help employed by the commissioner of agriculture to perform
duties relating to pesticides, fertilizer, and seed regulation;
deleted text begin (20) deleted text end new text begin (19) new text end the administrators and the deputy administrators at the State Academies
for the Deaf and the Blind; and
deleted text begin (21) deleted text end new text begin (20) new text end chief executive officers in the Department of Human Services.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 2.
new text begin
[144.0506] DRUG EDUCATION MATERIALS.
new text end
new text begin
The commissioner of health may provide materials for use by the commissioner of
corrections and sheriffs in educating prison and jail inmates on the health hazards of
drug use and manufacture.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
Minnesota Statutes 2004, section 144.445, subdivision 1, is amended to read:
Subdivision 1.
Screening of inmates.
new text begin (a) new text end All persons detained or confined for 14
consecutive days or more in facilities operated, licensed, or inspected by the Department
of Corrections shall be screened for tuberculosis with either a Mantoux test or a chest
roentgenogram (x-ray) as consistent with screening and follow-up practices recommended
by the United States Public Health Service or the Department of Health, as determined by
the commissioner of health. Administration of the Mantoux test or chest roentgenogram
(x-ray) must take place on or before the 14th day of detention or confinement.
new text begin
(b) If an inmate refuses to submit to an annual test as specified in paragraph (a), the
commissioner may order the inmate to be tested.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 4.
new text begin
[241.75] INMATE HEALTH CARE DECISIONS; MEDICAL
DIRECTOR, DEPARTMENT OF CORRECTIONS; AGENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
The definitions in this subdivision apply to this section.
new text end
new text begin
(a) "Commissioner" means the commissioner of corrections.
new text end
new text begin
(b) "Decision-making capacity" means the ability to understand the significant
benefits, risks, and alternatives to proposed health care and to make and communicate a
health care decision.
new text end
new text begin
(c) "Health care agent" or "agent" means the Department of Corrections medical
director who is a licensed physician employed by the commissioner of corrections to
provide services to inmates.
new text end
new text begin
(d) "Health care power of attorney" means an instrument appointing one or more
health care agents to make health care decisions for the inmate.
new text end
new text begin
(e) "Health care" means any care, treatment, service, or procedure to maintain,
diagnose, or otherwise affect a person's physical or mental condition.
new text end
new text begin
(f) "Health care decision" means the consent, refusal of consent, or withdrawal
of consent to health care.
new text end
new text begin
(g) "Next of kin" means an inmate's spouse, parent, adult children, or adult sibling.
new text end
new text begin
(h) "Principal" means the Department of Corrections medical director.
new text end
new text begin Subd. 2. new text end
new text begin Health care agent; decisions. new text end
new text begin
(a) The commissioner shall appoint
the Department of Corrections medical director as the health care agent for inmates
incarcerated in correctional facilities in the absence of a documented health care decision
maker designated by the offender. If an inmate lacks decision-making capacity as
determined by a medical doctor, and the emergency contact person is not available or has
not been appointed as a health care agent under chapter 145C, and next of kin have been
contacted but are not available, then the Department of Corrections medical director has
the authority as principal to make health care decisions for the inmate.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
new text begin
[243.30] DRUG EDUCATION.
new text end
new text begin
At orientation, the commissioner may provide all inmates with educational
materials on the hazards of drug use and manufacture. Pursuant to section 144.0506,
the commissioner of health shall provide the educational materials necessary for the
commissioner to comply with this statute.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 6.
Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, is
amended to read:
Subd. 10.
Notice.
Upon receiving an offender's petition for release under
subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
offender's conviction and the sentencing court. The commissioner shall give the authority
and court a reasonable opportunity to comment on the offender's potential release. new text begin If the
authority or court elects to comment, the comments must specify the reasons for the
authority or court's position. new text end This subdivision applies only to offenders sentenced before
July 1, 2005.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 7.
new text begin
[387.115] DRUG EDUCATION.
new text end
new text begin
At orientation and as often as possible, jail administrators may provide all inmates
with educational materials on the hazards of drug use and manufacture. Every jail shall
have a process in place that provides for distribution of drug education materials to
inmates as often as possible.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 8.
Minnesota Statutes 2004, section 609.102, subdivision 2, is amended to read:
Subd. 2.
Imposition of fee.
When a court deleted text begin sentencesdeleted text end new text begin placesnew text end a person convicted of
a crimedeleted text begin ,deleted text end deleted text begin and places the persondeleted text end under the supervision and control of a local correctional
agency, that agency may collect a local correctional fee based on the local correctional
agency's fee schedule adopted under section 244.18.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 9.
Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to read:
Subd. 3.
Continuation of employment.
If the person committed under this
section has been regularly employed, the sheriff shall arrange for a continuation of the
employment insofar as possible without interruption. If the person is not employed, the
court may designate a suitable person or agency to make reasonable efforts to secure some
suitable employment for that person. An inmate employed under this section must be paid
a fair and reasonable wage for work performed and must work at fair and reasonable hours
per day and per week.new text begin There must not be a fee or charge for the inmate to participate in
any employment under this section if the inmate is paying for the cost of the inmate's
maintenance under subdivision 5.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 10. new text begin STUDY; REPORT TO LEGISLATURE.
new text end
new text begin
(a) The commissioner of corrections shall undertake a validation and reliability study
of the use of the Static-99, Rapid Risk Assessment for Sexual Offense Recidivism and the
Minnesota Sex Offender Screening Tool-Revised in predicting the risk of reoffense among
Minnesota offenders sentenced to probation.
new text end
new text begin
(b) Disclosure to the commissioner of corrections, or the commissioner's designee,
of corrections, detention, or court services data held by a responsible authority for use in
the probationer recidivism study required under this section is a law enforcement purpose
under Minnesota Statutes, sections 13.84 and 13.85.
new text end
new text begin
(c) On or before February 1, 2007, the commissioner of corrections shall report a
description of the study results required under this section, to the chairs and ranking
minority members of the senate and house committees and divisions with jurisdiction
over criminal justice funding and policy.
new text end
Sec. 11. new text begin TRANSITION.
new text end
new text begin
The incumbent of a position that is transferred from the unclassified to the classified
service under section 1 is appointed to the newly classified position.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
ARTICLE 6
COURTS AND PUBLIC DEFENDERS
Section 1.
Minnesota Statutes 2004, section 13.84, subdivision 1, is amended to read:
Subdivision 1.
Definition.
As used in this section "court services data" means data
that are created, collected, used or maintained by a court services department, parole
or probation authority, correctional agency, or by an agent designated by the court to
perform studies or other duties and that are on individuals who are or were defendants,
parolees or probationers of a deleted text begin municipal,deleted text end district deleted text begin or countydeleted text end court, participants in diversion
programs, petitioners or respondents to a family court, or juveniles adjudicated delinquent
and committed, detained prior to a court hearing or hearings, or found to be dependent or
neglected and placed under the supervision of the court.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 2.
Minnesota Statutes 2004, section 13.84, subdivision 2, is amended to read:
Subd. 2.
General.
Unless the data is summary data or a statute, including sections
609.115 and 257.70, specifically provides a different classification, the following court
services data are classified as private pursuant to section 13.02, subdivision 12:
(a) Court services data on individuals gathered at the request of a deleted text begin municipal,deleted text end district
deleted text begin or countydeleted text end court to determine the need for any treatment, rehabilitation, counseling, or any
other need of a defendant, parolee, probationer, or participant in a diversion program,
and used by the court to assist in assigning an appropriate sentence or other disposition
in a case;
(b) Court services data on petitioners or respondents to a family court gathered at
the request of the court for purposes of, but not limited to, individual, family, marriage,
chemical dependency and marriage dissolution adjustment counseling, including
recommendations to the court as to the custody of minor children in marriage dissolution
cases;
(c) Court services data on individuals gathered by psychologists in the course
of providing the court or its staff with psychological evaluations or in the course of
counseling individual clients referred by the court for the purpose of assisting them with
personal conflicts or difficulties.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
Minnesota Statutes 2004, section 48A.10, subdivision 3, is amended to read:
Subd. 3.
Order.
Upon finding that the applicant is authorized to exercise fiduciary
powers, the district court shall enter an order substituting the applicant bank or trust
company in every fiduciary capacity held by the affiliated bank or other bank or trust
company for which substitution is sought and which joined in the application, except as
may be otherwise specified in the application, and except for fiduciary capacities in any
account with respect to which a person beneficially interested in the account has filed
objection to the substitution and has appeared and been heard in support of the objection.
Upon entry of the order, or at a later date as may be specified in the order, the applicant
bank or trust company is substituted in every fiduciary capacity to which the order extends.
The substitution may be made a matter of record in any county of this state by filing a
certified copy of the order of substitution in the office of the court administrator of a district
deleted text begin or countydeleted text end court, or by filing a certified copy of the order in the office of the county recorder.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 4.
Minnesota Statutes 2004, section 219.97, subdivision 13, is amended to read:
Subd. 13.
Violation of provision for stopping train at crossing.
Upon the
complaint of any person, a company operating a railroad violating section 219.93 shall
forfeit not less than $20 nor more than $100 to be recovered in a civil action before a
deleted text begin county or municipaldeleted text end judge of the county in which the violation occurs. One-half of
the forfeiture must go to the complainant and one-half to the school district where the
violation occurs.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
Minnesota Statutes 2004, section 260C.163, subdivision 3, is amended to read:
Subd. 3.
Appointment of counsel.
(a) The child, new text begin custodial new text end new text begin new text end new text begin new text end parent, guardian or
custodian has the right to effective assistance of counsel in connection with a proceeding
in juvenile court.
(b) Except in proceedings where the sole basis for the petition is habitual truancy, if
the child, new text begin custodial new text end parent, guardian, or custodian desires counsel but is unable to employ
it, the court shall appoint deleted text begin counseldeleted text end new text begin a public defendernew text end to represent the child who is ten years
of age or older or the deleted text begin parents ordeleted text end new text begin custodial parent, new text end guardiannew text begin , or custodian new text end in any case in
which it feels that such an appointment is appropriate.new text begin A noncustodial parent is entitled to
counsel at public expense under section 260C.331, subdivision 3, only if the court makes
written findings that the noncustodial parent should be made a party in the case and the
county has an account to pay for representation.
new text end
(c) In any proceeding where the sole basis for the petition is habitual truancy, the
child, new text begin custodial new text end parent, guardian, deleted text begin anddeleted text end custodiannew text begin , and noncustodial parentnew text end do not have the
right to appointment of a public defender or other counsel at public expense. However,
before any out-of-home placement, including foster care or inpatient treatment, can be
ordered, the court must appoint a public defender or other counsel at public expense in
accordance with paragraph (b).
(d) Counsel for the child shall not also act as the child's guardian ad litem.
(e) In any proceeding where the subject of a petition for a child in need of
protection or services is not represented by an attorney, the court shall determine the
child's preferences regarding the proceedings, if the child is of suitable age to express
a preference.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 6.
Minnesota Statutes 2004, section 346.09, subdivision 1, is amended to read:
Subdivision 1.
Notice; appraisers.
The person distraining shall give notice to
the owner of the beast, if known to the distrainer, within 24 hours if the owner resides
in the same town, and within 48 hours if the owner resides in another town in the same
county, Sundays excepted. The notice shall specify the time when and the place where
distrained, the number of beasts, and the place of their detention, and that at a time and
place stated therein, which shall not be less than 12 hours after the service of the notice,
nor more than three days after the distress, the distrainer will apply to a designated
deleted text begin county or municipaldeleted text end judge of the county for the appointment of appraisers to appraise the
damages. If the owner is unknown or does not reside in the county, the distraining person
shall apply for the appointment of appraisers within 24 hours after the distress without
notice. After the application, the judge shall appoint three disinterested residents of the
town to appraise the damages.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 7.
Minnesota Statutes 2004, section 347.04, is amended to read:
347.04 PUBLIC NUISANCE.
Any dog that habitually worries, chases, or molests teams or persons traveling
peaceably on the public road is a public nuisance. Upon complaint in writing to a deleted text begin county
or municipaldeleted text end new text begin district courtnew text end judge containing a description of the dog, including the name
of the dog and its owner, or stating that the name or names are not known, and alleging
that the dog is a public nuisance, the judge shall issue a summons, if the owner is known,
commanding the owner to appear before the judge at a specified time, not less than six
nor more than ten days from the date of the summons, to answer the complaint. The
summons shall be served not less than six days before the day of the hearing in the same
manner as other district court summonses.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 8.
Minnesota Statutes 2004, section 375A.13, subdivision 1, is amended to read:
Subdivision 1.
Appointment by deleted text begin countydeleted text end new text begin districtnew text end judge.
A county government
study commission hereinafter called "the commission" may be established in any county
as provided in this section to study the form and structure of county government in the
county and other counties both within and outside this state and, if deemed advisable by
the commission, recommend to the voters of the county the adoption of any of the optional
forms of county government contained in sections 375A.01 to 375A.13. The commission
shall be established upon presentation of a petition requesting such action signed by voters
equal in number to five percent of the electors voting at the last previous election for the
office of governor or a resolution of the board of county commissioners of the county
requesting such action. Appointments to the commission shall be made by order filed
with the court administrator of the district court of the county and shall be made by the
senior deleted text begin countydeleted text end judge having chambers in the county. If there be no judge having chambers
in the county, appointments shall be made by the chief judge of the judicial district. The
number on the study commission shall be set by the appointing judge but not to exceed
15. A noncommissioner from each commissioner district shall be appointed to a study
commission. In addition three members shall be county commissioners and two shall be
elected county officials. An appointee who neglects to file with the court administrator
within 15 days a written acceptance shall be deemed to have declined the appointment
and the place shall be filled as though the appointee had resigned. Vacancies in the
commission shall be filled as in the case of original appointments. The county board, the
commission, or the petitioners requesting the appointment of the commission may submit
to the appointing judge the names of eligible nominees which the appointing judge may
consider in making appointments to the commission.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 9.
Minnesota Statutes 2004, section 383B.65, subdivision 2, is amended to read:
Subd. 2.
May relocate Bloomington court.
Notwithstanding the provisions
of section 488A.01, subdivision 9, the county of Hennepin may relocate the deleted text begin municipaldeleted text end new text begin
districtnew text end court serving the city of Bloomington and thereupon shall provide suitable quarters
for the holding of regular terms of court in a southern suburban location within the county
as may be designated by a majority of the judges of the court. All functions of the court
may be discharged, including both court and jury trials of civil and criminal matters, at the
location designated pursuant to this section. Nothing in this section shall be construed to
reduce the level of services to the residents of the city of Bloomington.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 10.
Minnesota Statutes 2004, section 390.20, is amended to read:
390.20 PERSON CHARGED ARRESTED.
If any person charged by the inquest with having committed the offense is not in
custody, the coroner shall have the same power as a deleted text begin county or municipaldeleted text end new text begin district courtnew text end judge
to issue process for the person's apprehension. The warrant shall be returnable before any
court having jurisdiction in the case and the court shall proceed as in similar cases.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11.
Minnesota Statutes 2004, section 390.33, subdivision 2, is amended to read:
Subd. 2.
Subpoena power.
The judge exercising probate jurisdiction may issue
subpoenas for witnesses, returnable immediately or at a time and place the judge directs.
The persons served with subpoenas shall be allowed the same fees, the sheriff shall enforce
their attendance in the same manner, and they shall be subject to the same penalties as if
they had been served with a subpoena in behalf of the state in a criminal case before a
deleted text begin county or municipaldeleted text end new text begin district courtnew text end judge.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 12.
Minnesota Statutes 2004, section 480.181, subdivision 1, is amended to read:
Subdivision 1.
State employees; compensation.
(a) District court referees, judicial
officers, court reporters, law clerks, district administration staff, other than district
administration staff in the Second and Fourth Judicial Districts, guardian ad litem program
coordinators and staff, staff court interpreters in the Second Judicial District, court
psychological services staff in the Fourth Judicial District, and other court employees
under paragraph (b), are state employees and are governed by the judicial branch
personnel rules adopted by the Supreme Court. The Supreme Court, in consultation with
the deleted text begin conference of chief judgesdeleted text end new text begin Judicial Councilnew text end , shall establish the salary range of these
employees under the judicial branch personnel rules. In establishing the salary ranges, the
Supreme Court shall consider differences in the cost of living in different areas of the state.
(b) The court administrator and employees of the court administrator who are
in the Fifth, Seventh, Eighth, or Ninth Judicial District are state employees. The court
administrator and employees of the court administrator in the remaining judicial districts
become state employees as follows:
(1) effective July 1, 2003, for the Second and Fourth Judicial Districts;
(2) effective July 1, 2004, for the First and Third Judicial Districts; and
(3) effective July 1, 2005, for the Sixth and Tenth Judicial Districts.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 13.
Minnesota Statutes 2004, section 480.181, subdivision 2, is amended to read:
Subd. 2.
Election to retain insurance and benefits; retirement.
(a) Before a
person is transferred to state employment under this section, the person may elect to do
either or both of the following:
(1) keep life insurance; hospital, medical, and dental insurance; and vacation and
sick leave benefits and accumulated time provided by the county instead of receiving
benefits from the state under the judicial branch personnel rules; or
(2) remain a member of the Public Employees Retirement Association or the
Minneapolis employees retirement fund instead of joining the Minnesota State Retirement
System.
Employees who make an election under clause (1) remain on the county payroll,
but the state shall reimburse the county on a quarterly basis for the salary and cost of the
benefits provided by the county. The state shall make the employer contribution to the
Public Employees Retirement Association or the employer contribution under section
422A.101, subdivision 1a, to the Minneapolis Employees Retirement Fund on behalf of
employees who make an election under clause (2).
(b) An employee who makes an election under paragraph (a), clause (1), may revoke
the election, once, at any time, but if the employee revokes the election, the employee
cannot make another election. An employee who makes an election under paragraph (a),
clause (2), may revoke the election at any time within six months after the person becomes
a state employee. Once an employee revokes this election, the employee cannot make
another election.
(c) The Supreme Court, after consultation with the deleted text begin conference of chief judgesdeleted text end new text begin
Judicial Councilnew text end , the commissioner of employee relations, and the executive directors
of the Public Employees Retirement Association and the Minnesota State Retirement
Association, shall adopt procedures for making elections under this section.
(d) The Supreme Court shall notify all affected employees of the options available
under this section. The executive directors of the Public Employees Retirement
Association and the Minnesota State Retirement System shall provide counseling to
affected employees on the effect of making an election to remain a member of the Public
Employees Retirement Association.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 14.
Minnesota Statutes 2004, section 480.182, is amended to read:
480.182 STATE ASSUMPTION OF CERTAIN COURT COSTS.
deleted text begin (a)deleted text end Notwithstanding any law to the contrary, the state courts will pay for the
following court-related programs and costs:
(1) court interpreter program costs, including the costs of hiring court interpreters;
(2) guardian ad litem program and personnel costs;
(3) examination costs, not including hospitalization or treatment costs, for mental
commitments and related proceedings under chapter 253B;
(4) examination costs under rule 20 of the Rules of Criminal Procedure;
(5) in forma pauperis costs;
(6) costs for transcripts mandated by statute, except in appeal cases and
postconviction cases handled by the Board of Public Defense; deleted text begin and
deleted text end
(7) jury program costsdeleted text begin , not including personnel.deleted text end new text begin ; and
new text end
deleted text begin (b) In counties in a judicial district under section 480.181, subdivision 1, paragraph
(b), the state courts shall pay thedeleted text end new text begin (8)new text end witness fees and mileage fees specified in sections
253B.23, subdivision 1; 260B.152, subdivision 2; 260C.152, subdivision 2; 260B.331,
subdivision 3, clause (a); 260C.331, subdivision 3, clause (a); 357.24; 357.32; 525.012,
subdivision 5; and 627.02.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 15.
Minnesota Statutes 2004, section 484.01, subdivision 1, is amended to read:
Subdivision 1.
General.
The district courts shall have original jurisdiction in new text begin the
following cases:
new text end
new text begin (1) new text end all civil actions within their respective districtsdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2) new text end in all cases of crime committed or triable thereindeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end in all special proceedings not exclusively cognizable by some other court or
tribunaldeleted text begin , anddeleted text end new text begin ;
new text end
new text begin
(4) in law and equity for the administration of estates of deceased persons and all
guardianship and incompetency proceedings;
new text end
new text begin
(5) the jurisdiction of a juvenile court as provided in chapter 260;
new text end
new text begin
(6) proceedings for the management of the property of persons who have
disappeared, and actions relating thereto, as provided in chapter 576; and
new text end
new text begin (7)new text end in all other cases wherein such jurisdiction is especially conferred upon them
by law.
They shall also have appellate jurisdiction in every case in which an appeal thereto
is allowed by law from any other court, officer, or body.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 16.
Minnesota Statutes 2004, section 484.011, is amended to read:
484.011 JURISDICTION deleted text begin IN SECOND AND FOURTH JUDICIAL
DISTRICTSdeleted text end .
deleted text begin In the Second and Fourth Judicial Districts deleted text end The district court shall also be a probate
court.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 17.
Minnesota Statutes 2004, section 484.012, is amended to read:
484.012 COURT ADMINISTRATOR OF PROBATE COURT, SECOND
JUDICIAL DISTRICT.
Notwithstanding section 525.09 the judicial district administrator in the Second
Judicial District may appoint a court administrator of the Probate Court for the district
subject to the approval of the chief judge and assistant chief judge who shall serve at
the pleasure of the judges of the district,new text begin andnew text end who shall be supervised by the judicial
district administratordeleted text begin , and whose salary shall be fixed by the Ramsey County Board of
Commissionersdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 18.
Minnesota Statutes 2004, section 484.45, is amended to read:
484.45 COURTHOUSE; JAIL; EXPENSES; ST. LOUIS COUNTY.
It is hereby made the duty of the board of county commissioners of the county of
St. Louis to furnish and maintain adequate accommodations for the holding of terms of
the district court at the city of Hibbing, and the city of Virginia, proper offices for these
deputies and a proper place for the confinement and maintenance of the prisoners at the
city of Hibbing and the city of Virginia.
The county shall reimburse the deleted text begin court administrator and deputies as herein provided
for and thedeleted text end county attorney and assistants deleted text begin and the district judges of the district and the
official court reporterdeleted text end for their traveling expenses actually and necessarily incurred in the
performance of their respective official duties.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 19.
Minnesota Statutes 2004, section 484.54, subdivision 3, is amended to read:
Subd. 3.
Reimbursement filings.
Each judge claiming reimbursement for allowable
expenses may file with the supreme court monthly and shall file not later than 90 days after
the expenses are incurred, an itemized statement, verified by the judge, of all allowable
expenses actually paid by the judge. All statements shall be audited by the Supreme Court
and, if approved by the Supreme Court, shall be paid deleted text begin by the commissioner of financedeleted text end from
appropriations for this purpose.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 20.
Minnesota Statutes 2004, section 484.545, subdivision 1, is amended to read:
Subdivision 1.
Law clerk appointments.
deleted text begin Thedeleted text end new text begin Eachnew text end district deleted text begin judges regularly
assigned to hold court in each judicial district except for the Second, Fourth, and Tenth
Judicial Districts may by orders filed with the court administrator and county auditor of
each county in the districtdeleted text end new text begin judge maynew text end appoint a competent law clerkdeleted text begin for every two district
court judges of the judicial district. The district judges regularly assigned to hold court
in the First and Tenth Judicial Districts may by orders filed with the court administrator
and county auditor of each county in the district appoint a competent law clerk for each
district court judge of the districtdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 21.
Minnesota Statutes 2004, section 484.64, subdivision 3, is amended to read:
Subd. 3.
Chambers and supplies.
The Board of County Commissioners of Ramsey
County shall provide suitable chambers and courtroom spacedeleted text begin , clerks,deleted text end new text begin andnew text end bailiffs, deleted text begin and
other personnel to assist said judge,deleted text end together with necessary librarydeleted text begin ,deleted text end suppliesdeleted text begin , stationery
deleted text end and other expenses necessarydeleted text begin theretodeleted text end . The state shall provide referees, court reporters, law
clerks, and guardian ad litem program coordinators and staff.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 22.
Minnesota Statutes 2004, section 484.65, subdivision 3, is amended to read:
Subd. 3.
Space; personnel; supplies.
The Board of County Commissioners of
Hennepin County shall provide suitable chambers and courtroom spacedeleted text begin , clerks,deleted text end new text begin andnew text end
bailiffs, deleted text begin and other personnel to assist said judge,deleted text end together with necessary librarydeleted text begin ,deleted text end suppliesdeleted text begin ,
stationerydeleted text end and other expenses necessarydeleted text begin theretodeleted text end . The state shall provide referees, court
reporters, law clerks, and guardian ad litem program coordinators and staff.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 23.
Minnesota Statutes 2004, section 484.68, subdivision 1, is amended to read:
Subdivision 1.
Appointment.
deleted text begin By November 1, 1977,deleted text end The chief judge of the judicial
district in each judicial district shall appoint a single district administrator, subject to the
approval of the Supreme Court, with the advice of the judges of the judicial district.
The district administrator shall serve at the pleasure of a majority of the judges of
the judicial district.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 24.
Minnesota Statutes 2004, section 484.702, subdivision 5, is amended to read:
Subd. 5.
Rules.
The Supreme Courtdeleted text begin , in consultation with the conference of chief
judges,deleted text end shall adopt rules to implement the expedited child support hearing process under
this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 25.
new text begin
[484.80] LOCATION OF TRIAL RULE.
new text end
new text begin
If a municipality is located in more than one county or district, the county in which
the city hall of the municipality is located determines the county or district in which the
municipality shall be deemed located for the purposes of this chapter provided, however,
that the municipality by ordinance enacted may designate, for those purposes, some other
county or district in which a part of the municipality is located.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 26.
new text begin
[484.81] PLEADING; PRACTICE; PROCEDURE.
new text end
new text begin Subdivision 1. new text end
new text begin General. new text end
new text begin
Pleading, practice, procedure, and forms in civil actions
shall be governed by Rules of Civil Procedure which shall be adopted by the Supreme
Court.
new text end
new text begin Subd. 2. new text end
new text begin Court rules. new text end
new text begin
The court may adopt rules governing pleading, practice,
procedure, and forms for civil actions which are not inconsistent with the provisions of
governing statutes.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 27.
new text begin
[484.82] MISDEMEANOR OFFENSES.
new text end
new text begin
A person who receives a misdemeanor citation shall proceed as follows: when a
fine is not paid, the person charged must appear before the court at the time specified in
the citation. If appearance before a misdemeanor bureau is designated in the citation, the
person charged must appear within the time specified in the citation and arrange a date for
arraignment in the district court.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 28.
new text begin
[484.83] REINSTATEMENT OF FORFEITED SUMS.
new text end
new text begin
A district court judge may order any sums forfeited to be reinstated and the
commissioner of finance shall then refund accordingly. The commissioner of finance shall
reimburse the court administrator if the court administrator refunds the deposit upon a
judge's order and obtains a receipt to be used as a voucher.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 29.
new text begin
[484.84] FINE DISPOSITION.
new text end
new text begin
In the event the court takes jurisdiction of a prosecution for the violation of a statute
or ordinance by the state or a governmental subdivision other than a home rule charter or
statutory city or town within the county court district, all fines, penalties, and forfeitures
collected must be paid over to the treasurer of the governmental subdivision which
submitted the case for prosecution, except where a different disposition is provided by
law. If a different disposition is provided by law, payment must be made to the public
official entitled to it.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 30.
new text begin
[484.85] DISPOSITION OF FINES, FEES, AND OTHER MONEY;
ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.
new text end
new text begin
(a) In the event the Ramsey County District Court takes jurisdiction of a prosecution
for the violation of a statute or ordinance by the state or a governmental subdivision other
than a city or town in Ramsey County, all fines, penalties, and forfeitures collected shall be
paid over to the county treasurer except where a different disposition is provided by law,
and the following fees shall be taxed to the state or governmental subdivision other than
a city or town within Ramsey County which would be entitled to payment of the fines,
forfeitures, or penalties in any case, and shall be paid to the administrator of the court for
disposal of the matter. The administrator shall deduct the fees from any fine collected for
the state of Minnesota or a governmental subdivision other than a city or town within
Ramsey County and transmit the balance in accordance with the law, and the deduction of
the total of the fees each month from the total of all the fines collected is hereby expressly
made an appropriation of funds for payment of the fees.
new text end
new text begin
(b) On or before the last day of each month, the county treasurer shall pay over
to the treasurer of the city of St. Paul two-thirds of all fines, penalties, and forfeitures
collected and to the treasurer of each other municipality or subdivision of government in
Ramsey County one-half of all fines or penalties collected during the previous month from
those imposed for offenses committed within the treasurer's municipality or subdivision
of government in violation of a statute; an ordinance; or a charter provision, rule, or
regulation of a city. All other fines and forfeitures and all fees and costs collected by the
district court shall be paid to the treasurer of Ramsey County, who shall dispense the
same as provided by law.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 31.
new text begin
[484.86] COURT DIVISIONS.
new text end
new text begin Subdivision 1. new text end
new text begin Authority. new text end
new text begin
Subject to the provisions of section 244.19 and rules of
the Supreme Court, a court may establish a probate division, a family court division,
juvenile division, and a civil and criminal division which shall include a conciliation
court, and may establish within the civil and criminal division a traffic and ordinance
violations bureau.
new text end
new text begin Subd. 2. new text end
new text begin Establishment. new text end
new text begin
The court may establish, consistent with Rule 23 of the
Rules of Criminal Procedure, misdemeanor violations bureaus at the places it determines.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 32.
new text begin
[484.87] PLEADING, PRACTICE, PROCEDURE, AND FORMS IN
CRIMINAL PROCEEDINGS.
new text end
new text begin Subdivision 1. new text end
new text begin Right to jury trial. new text end
new text begin
In any prosecution brought in a district court in
which conviction of the defendant for the offense charged could result in imprisonment,
the defendant has the right to a jury trial.
new text end
new text begin Subd. 2. new text end
new text begin Prosecuting attorneys in Hennepin and Ramsey Counties. new text end
new text begin
Except as
otherwise provided in this subdivision and section 388.051, subdivision 2, the attorney
of the municipality in which the violation is alleged to have occurred has charge of
the prosecution of all violations of the state laws, including violations which are gross
misdemeanors, and municipal charter provisions, ordinances, rules, and regulations triable
in the district court, and shall prepare complaints for the violations. The county attorney
has charge of the prosecution of a violation triable in district court and shall prepare a
complaint for the violation:
new text end
new text begin
(1) if the county attorney is specifically designated by law as the prosecutor for the
particular violation charged; or
new text end
new text begin
(2) if the alleged violation is of state law and is alleged to have occurred in a
municipality or other subdivision of government whose population according to the most
recent federal decennial census is less than 2,500 and whose governing body, or the town
board in the case of a town, has accepted this clause by majority vote, and if the defendant
is cited or arrested by a member of the staff of the sheriff of Hennepin County or by a
member of the State Patrol.
new text end
new text begin
Clause (2) shall not apply to a municipality or other subdivision of government
whose population according to the most recent federal decennial census is 2,500 or more,
regardless of whether or not it has previously accepted clause (2).
new text end
new text begin Subd. 3. new text end
new text begin Presumption of innocence; conviction of lowest degree. new text end
new text begin
In an action
or proceeding charging a violation of an ordinance of any subdivision of government in
Hennepin County, if such ordinance is the same or substantially the same as a state law,
the provisions of section 611.02 shall apply.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 33.
new text begin
[484.88] COUNTY ATTORNEY AS PROSECUTOR; NOTICE TO
COUNTY.
new text end
new text begin
A municipality or other subdivision of government seeking to use the county
attorney for violations enumerated in section 484.87, subdivision 2, shall notify the county
board of its intention to use the services of the county attorney at least 60 days prior to
the adoption of the board's annual budget each year. A municipality may enter into an
agreement with the county board and the county attorney to provide prosecution services
for any criminal offense on a case-by-case basis.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 34.
new text begin
[484.89] ORDER FOR PRISON RELEASE.
new text end
new text begin
When a person is confined to the Hennepin County Adult Correctional Facility and a
fine is remitted or a sentence is stayed or suspended, the person released on parole, or the
release of the person secured by payment of the fine in default of which the person was
committed, the prisoner shall not be released except upon order of the court. A written
transcript of such order signed by the court administrator and under the court's seal shall
be furnished to the superintendent of the Hennepin County Adult Correctional Facility.
All cost of confinement or imprisonment in any jail or correctional facility shall be paid by
the municipality or subdivision of government in Hennepin County in which the violation
occurred, except that the county shall pay all costs of confinement or imprisonment
incurred as a result of a prosecution of a gross misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 35.
new text begin
[484.90] FEES PAYABLE TO COURT ADMINISTRATOR.
new text end
new text begin Subdivision 1. new text end
new text begin Civil fees. new text end
new text begin
The fees payable to the court administrator for the
following services in civil actions are:
new text end
new text begin In all civil actions within the jurisdiction of the county court, the fees payable to
the court administrator shall be the same as in district court. The fee payable for cases
heard in conciliation court division is established under section 357.022. The filing fees
must be transmitted to the county treasurer who shall transmit them to the commissioner
of finance for deposit in the general fund.new text end
new text begin
The fees payable to the court administrator for the following services in petty
misdemeanors or criminal actions are governed by the following provisions:
new text end
new text begin
In the event the court takes jurisdiction of a prosecution for the violation of a statute
or ordinance by the state or a governmental subdivision other than a city or town within
the county court district; all fines, penalties and forfeitures collected shall be paid over
to the treasurer of the governmental subdivision which submitted a case for prosecution
except where a different disposition is provided by law, in which case payment shall
be made to the public official entitled thereto. The following fees for services in petty
misdemeanor or criminal actions shall be taxed to the state or governmental subdivision
which would be entitled to payment of the fines, forfeiture or penalties in any case, and
shall be retained by the court administrator for disposing of the matter but in no case shall
the fee that is taxed exceed the fine that is imposed. The court administrator shall deduct
the fees from any fine collected and transmit the balance in accordance with the law, and
the deduction of the total of such fees each month from the total of all such fines collected
is hereby expressly made an appropriation of funds for payment of such fees:
new text end
new text begin
(1) In all cases where the defendant pleads guilty at or prior to first appearance and
sentence is imposed or the matter is otherwise disposed of without a trial, $5
new text end
new text begin
(2) Where the defendant pleads guilty after first appearance or prior to trial, $10
new text end
new text begin
(3) In all other cases where the defendant is found guilty by the court or jury or
pleads guilty during trial, $15
new text end
new text begin
(4) The court shall have the authority to waive the collection of fees in any particular
case.
new text end
new text begin
The fees set forth in this subdivision shall not apply to parking violations for which
complaints and warrants have not been issued.
new text end
new text begin Subd. 2. new text end
new text begin Miscellaneous fees. new text end
new text begin
Fees payable to the court administrator for all other
services shall be fixed by court rule.
new text end
new text begin Subd. 3. new text end
new text begin Payment in advance. new text end
new text begin
Except as provided in subdivision 1, fees are
payable to the court administrator in advance.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 36.
new text begin
[484.91] MISDEMEANOR VIOLATIONS BUREAUS.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
Misdemeanor violations bureaus shall be established
in Minneapolis, a southern suburb location, and at any other northern and western
suburban locations dispersed throughout the county as may be designated by a majority of
the judges of the court.
new text end
new text begin Subd. 2. new text end
new text begin Supervision. new text end
new text begin
The court shall supervise and the court administrator
shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the
Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court
administrator shall assign one or more deputy court administrators to discharge and
perform the duties of the bureau.
new text end
new text begin Subd. 3. new text end
new text begin Uniform traffic ticket. new text end
new text begin
The Hennepin County Board may alter by deletion
or addition the uniform traffic ticket, provided in section 169.99, in such manner as it
deems advisable for use in Hennepin County.
new text end
new text begin Subd. 4. new text end
new text begin Procedure by person receiving misdemeanor citation. new text end
new text begin
A person who
receives a misdemeanor or petty misdemeanor citation shall proceed as follows:
new text end
new text begin
(a) If a fine for the violation may be paid at the bureau without appearance before a
judge, the person charged may pay the fine in person or by mail to the bureau within the
time specified in the citation. Payment of the fine shall be deemed to be the entry of a
plea of guilty to the violation charged and a consent to the imposition of a sentence for the
violation in the amount of the fine paid. A receipt shall be issued to evidence the payment
and the receipt shall be satisfaction for the violation charged in that citation.
new text end
new text begin
(b) When a fine is not paid, the person charged must appear at a bureau within the
time specified in the citation, state whether the person desires to enter a plea of guilty or
not guilty, arrange for a date for arraignment in court and appear in court for arraignment
on the date set by the bureaus.
new text end
new text begin Subd. 5. new text end
new text begin Supervision. new text end
new text begin
The court shall supervise and the court administrator
shall operate the misdemeanor violations bureaus in accordance with Rule 23 of the
Rules of Criminal Procedure. Subject to approval by a majority of the judges, the court
administrator shall assign one or more deputy court administrators to discharge and
perform the duties of the bureaus.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 37.
new text begin
[484.92] ADDITIONAL EMPLOYEES.
new text end
new text begin Subdivision 1. new text end
new text begin Bailiffs. new text end
new text begin
The sheriff of a county shall furnish to the district court
deputies to serve as bailiffs within the county as the court may request. The county board
may, with the approval of the chief judge of the district, contract with any municipality,
upon terms agreed upon, for the services of police officers of the municipality to act as
bailiffs in the county district court.
new text end
new text begin
Nothing contained herein shall be construed to limit the authority of the court to
employ probation officers with the powers and duties prescribed in section 244.19.
new text end
new text begin Subd. 2. new text end
new text begin Transcription of court proceedings. new text end
new text begin
Electronic recording equipment may
be used for the purposes of Laws 1971, chapter 951, to record court proceedings in lieu of
a court reporter. However, at the request of any party to any proceedings the court may in
its discretion require the proceedings to be recorded by a competent court reporter who
shall perform such additional duties as the court directs. The salary of a reporter shall be
set in accordance with the procedure provided by sections 486.05 and 486.06.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 38.
Minnesota Statutes 2005 Supplement, section 485.01, is amended to read:
485.01 APPOINTMENT; BOND; DUTIES.
A clerk of the district court for each county within the judicial district, who shall be
known as the court administrator, shall be appointed by a majority of the district court
judges in the district. deleted text begin The clerk, before entering upon the duties of office, shall give bond
to the state, to be approved by the chief judge of the judicial district, conditioned for the
faithful discharge of official duties. The bond, withdeleted text end An oath of office, shall be recorded
with the deleted text begin county recorderdeleted text end new text begin court administratornew text end . The deleted text begin clerkdeleted text end new text begin court administratornew text end shall perform
all duties assigned by law and by the rules of the court. The deleted text begin clerkdeleted text end new text begin court administratornew text end
and all deleted text begin deputy clerksdeleted text end new text begin deputiesnew text end must not practice as attorneys in the court in which they
are employed.
The duties, functions, and responsibilities which have been and may be required
by law or rule to be performed by the clerk of district court shall be performed by the
court administrator.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 39.
Minnesota Statutes 2004, section 485.018, subdivision 5, is amended to read:
Subd. 5.
Collection of fees.
The court administrator of district court shall charge and
collect all fees as prescribed by law and all such fees collected by the court administrator
as court administrator of district court shall be paid to the deleted text begin county treasurerdeleted text end new text begin Department of
Financenew text end . Except for those portions of forfeited bail paid to victims pursuant to existing
law, the deleted text begin county treasurerdeleted text end new text begin court administratornew text end shall forward all revenue from fees and
forfeited bail collected under chapters 357, 487, and 574 to the commissioner of finance
for deposit in the state treasury and credit to the general fund, unless otherwise provided in
chapter 611A or other law, in the manner and at the times prescribed by the commissioner
of finance, but not less often than once each month. If the defendant or probationer
is located after forfeited bail proceeds have been forwarded to the commissioner of
finance, the commissioner of finance shall reimburse the county, on request, for actual
costs expended for extradition, transportation, or other costs necessary to return the
defendant or probationer to the jurisdiction where the bail was posted, in an amount not
more than the amount of forfeited bail. The court administrator of district court shall not
retain any additional compensation, per diem or other emolument for services as court
administrator of district court, but may receive and retain mileage and expense allowances
as prescribed by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 40.
Minnesota Statutes 2004, section 485.021, is amended to read:
485.021 INVESTMENT OF FUNDS DEPOSITED WITH COURT
ADMINISTRATOR.
When money is paid into court pursuant to court order, the court administrator of
district court, unless the court order specifies otherwise, may place such moneys with the
deleted text begin county treasurerdeleted text end new text begin Department of Financenew text end for investment, as provided by law. When such
moneys are subsequently released, or otherwise treated, by court order, the same shall be
immediately paid over by the county treasurer to the court administrator of district court
who shall then fulfill the direction of the court order relative to such moneys.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 41.
Minnesota Statutes 2005 Supplement, section 485.03, is amended to read:
485.03 DEPUTIES.
(a) The county board shall determine the number of permanent full time deputies,
clerks and other employees in the office of the court administrator of district court and
shall fix the compensation for each position. The county board shall also budget for
temporary deputies and other employees and shall fix their rates of compensation.
This paragraph does not apply to a county in a judicial district under section 480.181,
subdivision 1, paragraph (b).
(b) The court administrator shall appoint in writing the deputies and other
employees, for whose acts the court administrator shall be responsibledeleted text begin , and whom the
court administrator may remove at pleasuredeleted text end . Before each enters upon official duties,
the appointment and oath of each shall be recorded with the deleted text begin county recorderdeleted text end new text begin court
administratornew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 42.
Minnesota Statutes 2005 Supplement, section 485.05, is amended to read:
485.05 DEPUTY COURT ADMINISTRATOR IN ST. LOUIS COUNTY.
In all counties in the state now or hereafter having a population of more than 150,000
and wherein regular terms of the district court are held in three or more places, the court
administrator of the district court therein, by an instrument in writing, under the court
administrator's hand and seal, and with the approval of the district judge of the judicial
district in which said county is situated, or, if there be more than one such district judge,
with the approval of a majority thereof, may appoint deputies for whose acts the court
administrator shall be responsible, such deputies to hold office as such until they shall
be removed therefrom, which removal shall not be made except with the approval of the
district judge or judges. The appointment and oath of every such deputy shall be recorded
with the deleted text begin county recorderdeleted text end new text begin court administratornew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 43.
Minnesota Statutes 2004, section 485.11, is amended to read:
485.11 PRINTED CALENDARS.
The court administrator of the district court in each of the several counties of this
state shall provide calendars deleted text begin either printed or otherwise duplicateddeleted text end of the cases to be tried
at the general terms thereof deleted text begin at the expense of the counties where such court is held. This
section shall not apply to a county where only one term of court is held each yeardeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 44.
Minnesota Statutes 2004, section 488A.03, subdivision 6, is amended to read:
Subd. 6.
Disposition of fines, fees and other money; accounts.
(a) Except as
otherwise provided herein and except as otherwise provided by law, the court administrator
shall pay deleted text begin to the Hennepin county treasurerdeleted text end all fines and penalties collected by the court
administrator, all fees collected by the court administrator for court administrator's
services, all sums forfeited to the court as hereinafter provided, and all other money
received by the court administratordeleted text begin .deleted text end new text begin to the subdivision of government entitled thereto as
follows on or before the 20th day after the last day of the month in which the money was
collected. Eighty percent of all fines and penalties collected during the previous month
shall be paid to the treasurer of the municipality or subdivision of government where the
crime was committed. The remainder of the fines and penalties shall be credited to the
general fund of the state. In all cases in which the county attorney had charge of the
prosecution, all such fines and penalties shall be credited to the state general fund.
new text end
(b) The court administrator shall deleted text begin provide the county treasurer withdeleted text end new text begin identify new text end the name
of the municipality or other subdivision of government where the offense was committed
deleted text begin and the name and official position of the officer who prosecuted the offense for each fine
or penalty,deleted text end and the total amount of fines or penalties collected for each such municipality
or other subdivision of governmentnew text begin , new text end deleted text begin ordeleted text end for the countynew text begin , or for the statenew text end .
deleted text begin
(c) At the beginning of the first day of any month the amount owing to any
municipality or county in the hands of the court administrator shall not exceed $5,000.
deleted text end
deleted text begin
(d) On or before the last day of each month the county treasurer shall pay over to
the treasurer of each municipality or subdivision of government in Hennepin County all
fines or penalties collected during the previous month for offenses committed within
such municipality or subdivision of government, except that all such fines and penalties
attributable to cases in which the county attorney had charge of the prosecution shall be
retained by the county treasurer and credited to the county general revenue fund.
deleted text end
deleted text begin (e) deleted text end new text begin (c) new text end Amounts represented by checks issued by the court administrator or received
by the court administrator which have not cleared by the end of the month may be shown
on the monthly account as having been paid or received, subject to adjustment on later
monthly accounts.
deleted text begin (f)deleted text end new text begin (d) new text end The court administrator may receive negotiable instruments in payment
of fines, penalties, fees or other obligations as conditional payments, and is not held
accountable therefor until collection in cash is made and then only to the extent of the net
collection after deduction of the necessary expense of collection.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 45.
Minnesota Statutes 2004, section 488A.03, subdivision 11, is amended to read:
Subd. 11.
Fees payable to administrator.
(a) The civil fees payable to the
administrator for services are the same in amount as the fees then payable to the District
Court of Hennepin County for like services. Library and filing fees are not required of
the defendant in an eviction action. The fees payable to the administrator for all other
services of the administrator or the court shall be fixed by rules promulgated by a majority
of the judges.
(b) Fees are payable to the administrator in advance.
(c) Judgments will be entered only upon written application.
deleted text begin
(d) The following fees shall be taxed for all charges filed in court where applicable:
(a) The state of Minnesota and any governmental subdivision within the jurisdictional area
of any district court herein established may present cases for hearing before said district
court; (b) In the event the court takes jurisdiction of a prosecution for the violation of a
statute or ordinance by the state or a governmental subdivision other than a city or town
in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to
the treasurer of the governmental subdivision which submitted charges for prosecution
under ordinance violation and to the county treasurer in all other charges except where
a different disposition is provided by law, in which case, payment shall be made to
the public official entitled thereto. The following fees shall be taxed to the county or
to the state or governmental subdivision which would be entitled to payment of the
fines, forfeiture or penalties in any case, and shall be paid to the court administrator for
disposing of the matter:
deleted text end
deleted text begin
(1) For each charge where the defendant is brought into court and pleads guilty and
is sentenced, or the matter is otherwise disposed of without trial .......... $5.
deleted text end
deleted text begin
(2) In arraignments where the defendant waives a preliminary examination ..........
$10.
deleted text end
deleted text begin
(3) For all other charges where the defendant stands trial or has a preliminary
examination by the court .......... $15.
deleted text end
deleted text begin
(e) This paragraph applies to the distribution of fines paid by defendants without a
court appearance in response to a citation. On or before the tenth day after the last day of
the month in which the money was collected, the county treasurer shall pay 80 percent
of the fines to the treasurer of the municipality or subdivision within the county where
the violation was committed. The remainder of the fines shall be credited to the general
revenue fund of the county.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 46.
Minnesota Statutes 2004, section 517.041, is amended to read:
517.041 POWER TO APPOINT COURT COMMISSIONER; DUTY.
deleted text begin
The county court of the combined county court district of Benton and Stearns may
appoint as court commissioner a person who was formerly employed by that county court
district as a court commissioner.
deleted text end
The deleted text begin county court of the deleted text end Third deleted text begin or Fifthdeleted text end Judicial deleted text begin Districtsdeleted text end new text begin District new text end may appoint as court
commissioner for deleted text begin Brown, Dodge, deleted text end Fillmore and Olmsted Counties respectively a person
who was formerly employed by those counties as a court commissioner.
The sole duty of an appointed court commissioner is to solemnize marriages.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 47.
Minnesota Statutes 2004, section 518.157, subdivision 2, is amended to read:
Subd. 2.
Minimum standards; plan.
The Minnesota Supreme Court should
promulgate minimum standards for the implementation and administration of a parent
education program. deleted text begin The chief judge of each judicial district or a designee shall submit
a plan to the Minnesota conference of chief judges for their approval that is designed to
implement and administer a parent education program in the judicial district. The plan
must be consistent with the minimum standards promulgated by the Minnesota Supreme
Court.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 48.
Minnesota Statutes 2004, section 518B.01, is amended by adding a
subdivision to read:
new text begin Subd. 19a. new text end
new text begin Entry and enforcement of foreign protective orders. new text end
new text begin
(a) As used in
this subdivision, "foreign protective order" means an order for protection entered by
a court of another state; and order by an Indian tribe which includes orders entered in
child welfare proceedings, or United States territory that would be a protective order
entered under this chapter; a temporary or permanent order or protective order to exclude
a respondent from a dwelling; or an order that establishes conditions of release or is
a protective order or sentencing order in a criminal prosecution arising from a domestic
abuse assault if it had been entered in Minnesota.
new text end
new text begin
(b) A person for whom a foreign protection order has been issued or the issuing court
or tribunal may provide a certified or authenticated copy of a foreign protective order to the
court administrator in any county that would have venue if the original action was being
commenced in this state or in which the person in whose favor the order was entered may
be present, for filing and entering of the same into the state order for prosecution database.
new text end
new text begin
(c) The court administrator shall file and enter foreign protective orders that are
not certified or authenticated, if supported by an affidavit of a person with personal
knowledge, subject to the penalties for perjury. The person protected by the order may
provide this affidavit.
new text end
new text begin
(d) The court administrator shall provide copies of the order as required by this
section.
new text end
new text begin
(e) A valid foreign protective order has the same effect and shall be enforced in the
same manner as an order for protection issued in this state whether or not filed with a court
administrator or otherwise entered in the state order for protection database.
new text end
new text begin
(f) A foreign protective order is presumed valid if it meets all of the following:
new text end
new text begin
(1) the order states the name of the protected individual and the individual against
whom enforcement is sought;
new text end
new text begin
(2) the order has not expired;
new text end
new text begin
(3) the order was issued by a court or tribunal that had jurisdiction over the parties
and subject matter under the law of the foreign jurisdiction; and
new text end
new text begin
(4) the order was issued in accordance with the respondent's due process rights,
either after the respondent was provided with reasonable notice and an opportunity to be
heard before the court or tribunal that issued the order, or in the case of an ex parte order,
the respondent was granted notice and an opportunity to be heard within a reasonable
time after the order was issued.
new text end
new text begin
(g) Proof that a foreign protective order failed to meet all of the factors listed in
paragraph (f) is an affirmative defense in any action seeking enforcement of the order.
new text end
new text begin
(h) A peace officer shall treat a foreign protective order as a valid legal document
and shall make an arrest for a violation of the foreign protective order in the same manner
that a peace officer would make an arrest for a violation of a protective order issued
within this state.
new text end
new text begin
(i) The fact that a foreign protective order has not been filed with the court
administrator or otherwise entered into the state order for protection database shall not be
grounds to refuse to enforce the terms of the order unless it is apparent to the officer that
the order is invalid on its face.
new text end
new text begin
(j) A peace officer acting reasonably and in good faith in connection with the
enforcement of a foreign protective order is immune from civil and criminal liability in
any action arising in connection with the enforcement.
new text end
new text begin
(k) Filing and service costs in connection with foreign protective orders are waived.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 49.
Minnesota Statutes 2004, section 546.27, subdivision 2, is amended to read:
Subd. 2.
Board of judicial standards review.
At least annually, the board on
judicial standards shall review the compliance of each districtdeleted text begin , county, or municipaldeleted text end judge
with the provisions of subdivision 1. To facilitate this review, the director of the state
judicial information system shall notify the executive secretary of the state board on
judicial standards when a matter exceeds 90 days without a disposition. The board shall
notify the commissioner of finance of each judge not in compliance. If the board finds that
a judge has compelling reasons for noncompliance, it may decide not to issue the notice.
Upon notification that a judge is not in compliance, the commissioner of finance shall
not pay the salary of that judge. The board may cancel a notice of noncompliance upon
finding that a judge is in compliance, but in no event shall a judge be paid a salary for the
period in which the notification of noncompliance was in effect.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 50.
Minnesota Statutes 2004, 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 sections 626.556 and 626.557.
(h) An interpreter for a person handicapped 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 handicapped 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 deleted text begin compelled to testify aboutdeleted text end new text begin allowed to
disclose new text end 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 sections 626.556 and 626.557.
"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 person cannot be examined as to any communication or document, including
worknotes, made or used in the course of or because of mediation pursuant to an
agreement to mediate. 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 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 by the common law.
(m) 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.
(n) A communication assistant for a telecommunications relay system for
communication-impaired persons 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, 2006.
new text end
Sec. 51.
Minnesota Statutes 2004, section 609.101, subdivision 4, is amended to read:
Subd. 4.
Minimum fines; other crimes.
Notwithstanding any other law:
(1) when a court sentences a person convicted of a felony that is not listed in
subdivision 2 or 3, 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; and
(2) when a court sentences a person convicted of a gross misdemeanor or
misdemeanor that is not listed in subdivision 2, 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, unless the fine is set at a lower amount on a uniform fine schedule
established by the deleted text begin conference of chief judgesdeleted text end new text begin Judicial Councilnew text end in consultation with affected
state and local agencies. This schedule shall be promulgated not later than September 1 of
each year and shall become effective on January 1 of the next year unless the legislature,
by law, provides otherwise.
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.
The court shall collect the fines mandated in this subdivision and, except for fines for
traffic and motor vehicle violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20 percent of the revenues
to the commissioner of finance for deposit in the general fund.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 52.
Minnesota Statutes 2004, section 611.14, is amended to read:
611.14 RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.
The following persons who are financially unable to obtain counsel are entitled to be
represented by a public defender:
(1) a person charged with a felony, gross misdemeanor, or misdemeanor including a
person charged under sections 629.01 to 629.29;
(2) a person appealing from a conviction of a felony or gross misdemeanor, or
a person convicted of a felony or gross misdemeanor, who is pursuing a postconviction
proceeding and who has not already had a direct appeal of the conviction, but if the person
pled guilty and received a presumptive sentence or a downward departure in sentence,
and the state public defender reviewed the person's case and determined that there was no
basis for an appeal of the conviction or of the sentence, then the state public defender may
decline to represent the person in a postconviction remedy case;
(3) a person who is entitled to be represented by counsel under section 609.14,
subdivision 2; deleted text begin or
deleted text end
(4) a minor ten years of age or older who is entitled to be represented by counsel
under section 260B.163, subdivision 4, or 260C.163, subdivision 3deleted text begin .deleted text end new text begin ; ornew text end
new text begin
(5) a custodial parent who is entitled to be represented by counsel under section
260C.163, subdivision 3, or, if there is no custodial parent, the guardian or the custodian
of the child, except that in cases governed by the Indian Child Welfare Act, the district
public defender may represent both parents regardless of whether they have custody of the
child, or the guardian or custodian of the child.
new text end
new text begin
The Board of Public Defense must not provide or pay for public defender services to
persons other than those entitled to representation under this section.
new text end
new text begin
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 53.
Minnesota Statutes 2004, section 611.16, is amended to read:
611.16 REQUEST FOR APPOINTMENT OF PUBLIC DEFENDER.
Any person described in section 611.14deleted text begin or any other person entitled by law to
representation by counsel,deleted text end may at any time request the court in which the matter is pending,
or the court in which the conviction occurred, to appoint a public defender to represent
the person. In a proceeding defined by clause (2) of section 611.14, application for the
appointment of a public defender may also be made to a judge of the Supreme Court.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 54.
Minnesota Statutes 2004, section 611.18, is amended to read:
611.18 APPOINTMENT OF PUBLIC DEFENDER.
If it appears to a court that a person requesting the appointment of counsel satisfies
the requirements of this chapter, the court shall order the appropriate public defender to
represent the person at all further stages of the proceeding through appeal, if any. For a
person appealing from a conviction, or a person pursuing a postconviction proceeding
and who has not already had a direct appeal of the conviction, according to the standards
of sections 611.14 and 611.25, subdivision 1, paragraph (a), clause (2), the state public
defender shall be appointed. For a person covered by section 611.14, clause (1),new text begin (3),
(4), or (5),new text end a district public defender shall be appointed to represent that person.deleted text begin If (a)
conflicting interests exist, (b) thedeleted text end deleted text begin district public defender for any other reason is unable
to act, or (c) the interests of justice require, the state public defender may be ordered to
represent a person. When the state public defender is directed by a court to represent a
defendant or other person, the state public defender may assign the representation to
any district public defender.deleted text end If at any stage of the proceedings, including an appeal, the
court finds that the defendant is financially unable to pay counsel whom the defendant
had retained, the court may appoint the appropriate public defender to represent the
defendant, as provided in this section. Prior to any court appearance, a public defender
may represent a person accused of violating the law, who appears to be financially unable
to obtain counsel, and shall continue to represent the person unless it is subsequently
determined that the person is financially able to obtain counsel. The representation may
be made available at the discretion of the public defender, upon the request of the person
or someone on the person's behalf. Any law enforcement officer may notify the public
defender of the arrest of any such person.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 55.
Minnesota Statutes 2004, section 611.25, subdivision 1, is amended to read:
Subdivision 1.
Representation.
(a) The state public defender shall represent,
without charge:
(1) a defendant or other person appealing from a conviction of a felony or gross
misdemeanor;
(2) a person convicted of a felony or gross misdemeanor who is pursuing a
postconviction proceeding and who has not already had a direct appeal of the conviction,
but if the person pled guilty and received a presumptive sentence or a downward departure
in sentence, and the state public defender reviewed the person's case and determined that
there was no basis for an appeal of the conviction or of the sentence, then the state public
defender may decline to represent the person in a postconviction remedy case; and
(3) a child who is appealing from a delinquency adjudication or from an extended
jurisdiction juvenile conviction.
(b) The state public defender may represent, without charge, all other persons
pursuing a postconviction remedy under section 590.01, who are financially unable
to obtain counsel.
(c) deleted text begin The state public defender shall represent any other person, who is financially
unable to obtain counsel, when directed to do so by the Supreme Court or the Court of
Appeals, except thatdeleted text end The state public defender shall not represent a person in any action or
proceeding in which a party is seeking a monetary judgment, recovery or award. When
requested by a district public defender or appointed counsel, the state public defender
may assist the district public defender, appointed counsel, or an organization designated
in section 611.216 in the performance of duties, including trial representation in matters
involving legal conflicts of interest or other special circumstances, and assistance with
legal research and brief preparation. deleted text begin When the state public defender is directed by a
court to represent a defendant or other person, the state public defender may assign the
representation to any district public defender.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 56.
Minnesota Statutes 2004, section 611.26, subdivision 6, is amended to read:
Subd. 6.
Persons defended.
The district public defender shall represent, without
charge, a defendant charged with a felony, a gross misdemeanor, or misdemeanor when
so directed by the district court. The district public defender shall also represent a minor
ten years of age or older in the juvenile court when so directed by the juvenile court. The
district public defender must not serve as advisory counsel. The juvenile court may not
order the district public defender to represent a minor who is under the age of ten years,
to serve as a guardian ad litem, or to represent a guardian ad litem.new text begin The district public
defender shall represent a custodial parent in the juvenile court under section 260C.163,
subdivision 3, or, if there is no custodial parent, the guardian or the custodian of the child,
when so directed by the juvenile court, except that in cases governed by the Indian Child
Welfare Act, the district public defender may represent both parents regardless of whether
they have custody of the child, or the guardian or custodian of the child.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 57.
Minnesota Statutes 2004, section 629.74, is amended to read:
629.74 PRETRIAL BAIL EVALUATION.
The local corrections department or its designee shall conduct a pretrial bail
evaluation of each defendant arrested and detained for committing a crime of violence
as defined in section 624.712, subdivision 5, a gross misdemeanor violation of section
609.224 or 609.2242, or a nonfelony violation of section 518B.01, 609.2231, 609.3451,
609.748, or 609.749. In cases where the defendant requests appointed counsel, the
evaluation shall include completion of the financial statement required by section
611.17. The local corrections department shall be reimbursed $25 by the Department of
Corrections for each evaluation performed. The deleted text begin conference of chief judges,deleted text end new text begin Judicial
Councilnew text end in consultation with the Department of Corrections, shall approve the pretrial
evaluation form to be used in each county.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 58.
Minnesota Statutes 2004, section 641.25, is amended to read:
641.25 DISTRICT JAILS; HOW DESIGNATED.
The commissioner of corrections, with the consent of the county board, may
designate any suitable jail in the state as a district jail, to be used for the detention of
prisoners from other counties in addition to those of its own. If the jail or its management
becomes unfit for that purpose, the commissioner may rescind its designation. Whenever
there is no sufficient jail in any county, the examining deleted text begin county or municipaldeleted text end judge,new text begin ornew text end upon
the judge's own motion,deleted text begin or the judge of the district court,deleted text end upon application of the sheriff,
may order any person charged with a criminal offense committed to a sufficient jail in
some other county. If there is a district jail in the judicial district, the charged person shall
be sent to it, or to any other nearer district jail designated by the judge. The sheriff of the
county containing the district jail, on presentation of the order, shall receive, keep in
custody, and deliver the charged person up upon the order of the court or a judge.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 59.
Laws 2002, chapter 266, section 1, as amended by Laws 2004, chapter 290,
section 38, is amended to read:
Section 1. DOMESTIC FATALITY REVIEW TEAM PILOT PROJECT
EXTENSION.
The fourth judicial district may extend the duration of the pilot project authorized
by Laws 1999, chapter 216, article 2, section 27, and Laws 2000, chapter 468, sections
29 to 32, until December 31, deleted text begin 2006deleted text end new text begin 2008new text end . If the pilot project is extended, the domestic
fatality review team shall submit a report on the project to the legislature by January
15, deleted text begin 2007deleted text end new text begin 2009new 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. 60. new text begin UNCOLLECTED FINES AND PENALTIES TASK FORCE.
new text end
new text begin
(a) A task force is created to study issues relating to uncollected fines, surcharges,
court costs, fees, and penalties owed to the state and to units of local government. The
task force consists of:
new text end
new text begin
(1) two members of the house of representatives, one from each caucus, appointed
by the speaker;
new text end
new text begin
(2) two senators, one from each caucus, appointed according to the rules of the
senate;
new text end
new text begin
(3) one representative of county commissioners, one representative of county
sheriffs, one representative each from the departments of public safety and revenue, and
four public members, all appointed by the governor; and
new text end
new text begin
(4) one representative of the court administration system, appointed by the chief
justice of the Supreme Court.
new text end
new text begin
(b) The task force shall study issues relating to uncollected fines, surcharges, court
costs, fees, and penalties owed to the state and units of local government. The task force
must recommend changes in law and administrative practices necessary to improve
collection. The task force must report its recommendations to the legislature by January
15, 2007. The task force expires when it submits its recommendations.
new text end
new text begin
(c) The Legislative Coordinating Commission and the Department of Administration
must provide administrative support to the task force.
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. 61. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, sections 484.013, subdivision 8; 484.545, subdivisions
2 and 3; 484.55; 484.68, subdivision 7; 484.75; 485.018, subdivisions 2, 6, and 8;
485.12; 487.01; 487.02; 487.03; 487.04; 487.07; 487.10, subdivisions 1 and 4; 487.13;
487.14; 487.15; 487.16; 487.17; 487.18; 487.19; 487.191; 487.20, subdivision 1; 487.21,
subdivisions 1, 2, and 4; 487.23, subdivisions 1, 2, 3, 7a, and 7b; 487.24; 487.25,
subdivision 6; 487.26, subdivisions 2 and 6; 487.27, subdivision 1; 487.28, subdivision
1; 487.29; 487.31, subdivision 1; 487.32, subdivision 3; 487.33, subdivisions 2 and 6;
487.34; 487.36; 487.37; 487.38; 487.40, subdivisions 1 and 1a; 488A.01, subdivisions 1,
4a, 12, 14, and 15; 488A.021; 488A.025; 488A.03, subdivisions 11a and 11b; 488A.035;
488A.04; 488A.08; 488A.09, subdivisions 1, 2, 3, and 7; 488A.10, subdivisions 6 and 11;
488A.101; 488A.11; 488A.112; 488A.113; 488A.115; 488A.116; 488A.119; 488A.18,
subdivisions 1, 4, and 14; 488A.19, subdivisions 1 and 3; 488A.20, subdivisions 1 and
4; 488A.21; 488A.23; 488A.24; 488A.26, subdivisions 1 and 2; 488A.27, subdivision
6; 488A.28; 488A.282; 488A.285; 488A.286; 488A.287; 525.011; 525.012; 525.013;
525.014; 525.015; 525.02; 525.03; 525.051; 525.052; 525.053; 525.06; 525.07; 525.08;
525.081; 525.082; 525.09; 525.091; 525.092; 525.095; 525.101; 525.103; 525.11;
525.111; 525.112; 525.113; 542.14; 549.05; and 625.09,
new text end
new text begin
and
new text end
new text begin
Minnesota Statutes 2005
Supplement, sections 353.027; and 485.03,
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
ARTICLE 7
EMERGENCY COMMUNICATIONS
Section 1.
Minnesota Statutes 2004, section 237.49, is amended to read:
237.49 COMBINED LOCAL ACCESS SURCHARGE.
Each local telephone company shall collect from each subscriber an amount per
telephone access line representing the total of the surcharges required under sections
237.52, 237.70, and 403.11. Amounts collected must be remitted to the commissioner
of public safety in the manner prescribed in section 403.11. The commissioner of public
safety shall divide the amounts received deleted text begin proportional to the individual surchargesdeleted text end and
deposit them in the appropriate accounts. The commissioner of public safety may recover
from the agencies receiving the surcharges the personnel and administrative costs to
collect and distribute the surcharge. A company or the billing agent for a company shall
list the surcharges as one amount on a billing statement sent to a subscriber.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 2.
Minnesota Statutes 2004, section 403.02, is amended by adding a subdivision
to read:
new text begin Subd. 19a. new text end
new text begin Secondary public safety answering point. new text end
new text begin
"Secondary public safety
answering point" means a communications facility that: (1) is operated on a 24-hour basis,
in which a minimum of three public safety answering points (PSAP's) route calls for
postdispatch or prearrival instructions, (2) receives calls directly from medical facilities to
reduce call volume at the PSAP's, and (3) is able to receive 911 calls routed to it from a
PSAP when the PSAP is unable to receive or answer 911 calls.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
Minnesota Statutes 2005 Supplement, section 403.025, subdivision 7, is
amended to read:
Subd. 7.
Contractual requirements.
(a) The statedeleted text begin , togetherdeleted text end new text begin shall contractnew text end with
the county or other governmental agencies operating public safety answering pointsdeleted text begin ,
shall contractdeleted text end new text begin andnew text end with the appropriate wire-line telecommunications service providers or
other entities determined by the commissioner to be capable of providing effective and
efficient components of the 911 system for the operation, maintenance, enhancement,
and expansion of the 911 system.
(b) The state shall contract with the appropriate wireless telecommunications service
providers for maintaining, enhancing, and expanding the 911 system.
(c) The contract language or subsequent amendments to the contract must include
a description of the services to be furnished to the county or other governmental
agencies operating public safety answering points. The contract language or subsequent
amendments must include the terms of compensation based on the effective tariff or price
list filed with the Public Utilities Commission or the prices agreed to by the parties.
(d) The contract language or subsequent amendments to contracts between the
parties must contain a provision for resolving disputes.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 403.05, subdivision 3, is
amended to read:
Subd. 3.
Agreements for service.
Each county deleted text begin anddeleted text end new text begin ornew text end any other governmental
agency shall contract with the state deleted text begin and wire-line telecommunications service providers or
other entities determined by the commissioner to be capable of providing effective and
efficient components of the 911 systemdeleted text end for the recurring and nonrecurring costs associated
with operating and maintaining 911 emergency communications systems.new text begin If requested by
the county or other governmental agency, the county or agency is entitled to be a party to
any contract between the state and any wire-line telecommunications service provider or
911 emergency telecommunications service provider providing components of the 911
system within the county.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
Minnesota Statutes 2004, section 403.08, subdivision 7, is amended to read:
Subd. 7.
Duties.
Each wireless telecommunications service provider shall cooperate
in planning and implementing integration with enhanced 911 systems operating in
their service territories to meet Federal Communications Commission-enhanced 911
standards. deleted text begin By August 1, 1997, each 911 emergency telecommunications service
provider operating enhanced 911 systems, in cooperation with each involveddeleted text end new text begin Eachnew text end
wireless telecommunications service providerdeleted text begin ,deleted text end shallnew text begin annuallynew text end develop and provide to the
commissioner good-faith estimates of installation and recurring expenses to integrate
wireless 911 service into the enhanced 911 networks to meet Federal Communications
Commission phase one wireless enhanced 911 standards. The commissioner shall
coordinate with counties and affected public safety agency representatives in developing a
statewide design and plan for implementation.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 6.
Minnesota Statutes 2005 Supplement, section 403.11, subdivision 1, is
amended to read:
Subdivision 1.
Emergency telecommunications service fee; account.
(a) Each
customer of a wireless or wire-line switched or packet-based telecommunications service
provider connected to the public switched telephone network that furnishes service capable
of originating a 911 emergency telephone call is assessed a fee based upon the number
of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, deleted text begin plusdeleted text end new text begin to offsetnew text end administrative and staffing
costs of the commissioner related to managing the 911 emergency telecommunications
service programdeleted text begin . Recurring charges by a wire-line telecommunications service provider
for updating the information required by section 403.07, subdivision 3, must be paid by
the commissioner if the wire-line telecommunications service provider is included in an
approved 911 plan and the charges are made pursuant to contract. The fee assessed under
this section must also be used for the purpose of offsettingdeleted text end new text begin , to make distributions provided
for in section 403.113, and to offset new text end the costs, including administrative and staffing costs,
incurred by the State Patrol Division of the Department of Public Safety in handling 911
emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account
after all other obligations are paid must not cancel and is carried forward to subsequent
years and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications
services. The improvements may include providing access to 911 service for
telecommunications service subscribers currently without access and upgrading existing
911 service to include automatic number identification, local location identification,
automatic location identification, and other improvements specified in revised county
911 plans approved by the commissioner.
(c) The fee may not be less than eight cents nor more than 65 cents a month for
each customer access line or other basic access service, including trunk equivalents as
designated by the Public Utilities Commission for access charge purposes and including
wireless telecommunications services. With the approval of the commissioner of finance,
the commissioner of public safety shall establish the amount of the fee within the limits
specified and inform the companies and carriers of the amount to be collected. When the
revenue bonds authorized under section 403.27, subdivision 1, have been fully paid or
defeased, the commissioner shall reduce the fee to reflect that debt service on the bonds is
no longer needed. The commissioner shall provide companies and carriers a minimum of
45 days' notice of each fee change. The fee must be the same for all customers.
(d) The fee must be collected by each wireless or wire-line telecommunications
service provider subject to the fee. Fees are payable to and must be submitted to the
commissioner monthly before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a month is due, or annually if
less than $25 a month is due. Receipts must be deposited in the state treasury and credited
to a 911 emergency telecommunications service account in the special revenue fund. The
money in the account may only be used for 911 telecommunications services.
(e) This subdivision does not apply to customers of interexchange carriers.
(f) The installation and recurring charges for integrating wireless 911 calls into
enhanced 911 systems deleted text begin must be paiddeleted text end new text begin are eligible for paymentnew text end by the commissioner if the
911 service provider is included in the statewide design plan and the charges are made
pursuant to contract.
new text begin
(g) Competitive local exchanges carriers holding certificates of authority from the
Public Utilities Commission are eligible to receive payment for recurring 911 services.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 7.
Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3, is
amended to read:
Subd. 3.
Method of payment.
(a) Any wireless or wire-line telecommunications
service provider incurring reimbursable costs under subdivision 1 shall submit an
invoice itemizing rate elements by county or service area to the commissioner for 911
services furnished under contract. Any wireless or wire-line telecommunications service
provider is eligible to receive payment for 911 services rendered according to the terms
and conditions specified in the contract. deleted text begin Competitive local exchange carriers holding
certificates of authority from the Public Utilities Commission are eligible to receive
payment for recurring 911 services provided after July 1, 2001. deleted text end The commissioner shall
pay the invoice within 30 days following receipt of the invoice unless the commissioner
notifies the service provider that the commissioner disputes the invoice.
(b) The commissioner shall estimate the amount required to reimburse
911 emergency telecommunications service providers and wireless and wire-line
telecommunications service providers for the state's obligations under subdivision 1 and
the governor shall include the estimated amount in the biennial budget request.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 8.
Minnesota Statutes 2005 Supplement, section 403.11, subdivision 3a, is
amended to read:
Subd. 3a.
Timely deleted text begin certificationdeleted text end new text begin invoicesnew text end .
deleted text begin A certificationdeleted text end new text begin An invoice for services
provided for in the contract with a wireless or wire-line telecommunications service
providernew text end must be submitted to the commissioner no later than deleted text begin one yeardeleted text end new text begin 90 daysnew text end after
commencing a new or additional eligible 911 service. Each applicable contract must
provide that, if certified expenses under the contract deviate from estimates in the contract
by more than ten percent, the commissioner may reduce the level of service without
incurring any termination fees.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 9.
Minnesota Statutes 2004, section 403.11, subdivision 3b, is amended to read:
Subd. 3b.
deleted text begin Certificationdeleted text end new text begin Declarationnew text end .
deleted text begin Alldeleted text end new text begin If the commissioner disputes an invoice
in writing, thenew text end wireless and wire-line telecommunications service providers shall submit
a deleted text begin self-certification formdeleted text end new text begin declaration under section 16A.41new text end signed by an officer of the
company deleted text begin to the commissionerdeleted text end with new text begin the new text end invoices for payment of deleted text begin an initial or changeddeleted text end
service described in the service provider's 911 contract. The deleted text begin self-certification shalldeleted text end new text begin sworn
declaration must specifically describe and new text end affirm that the 911 service contracted for is being
provided and the costs invoiced for the service are true and correct. deleted text begin All certifications are
subject to verification and audit.deleted text end new text begin When a wireless or wire-line telecommunications service
provider fails to provide a sworn declaration within 90 days of notice by the commissioner
that the invoice is disputed, the disputed amount of the invoice must be disallowed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 10.
Minnesota Statutes 2004, section 403.11, subdivision 3c, is amended to read:
Subd. 3c.
Audit.
If the commissioner determines that an audit is necessary to
document the deleted text begin certification describeddeleted text end new text begin invoice and sworn declarationnew text end in subdivision 3b,
the wireless or wire-line telecommunications service provider must contract with an
independent certified public accountant to conduct the audit. The audit must be conducted
according to generally accepted accounting principles. The wireless or wire-line
telecommunications service provider is responsible for any costs associated with the audit.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11.
Minnesota Statutes 2005 Supplement, section 403.113, subdivision 1, is
amended to read:
Subdivision 1.
Fee.
deleted text begin (a) Each customer receiving service from a wireless or
wire-line switched or packet-based telecommunications service provider connected to the
public telephone network that furnishes service capable of originating a 911 emergency
telephone call is assessed a feedeleted text end new text begin A portion of the fee collected under section 403.11 must be
used new text end to fund implementation, operation, maintenance, enhancement, and expansion of
enhanced 911 service, including acquisition of necessary equipment and the costs of the
commissioner to administer the program. deleted text begin The actual fee assessed under section 403.11
and the enhanced 911 service fee must be collected as one amount and may not exceed the
amount specified in section 403.11, subdivision 1, paragraph (c).
deleted text end
deleted text begin
(b) The enhanced 911 service fee must be collected and deposited in the same
manner as the fee in section and used solely for the purposes of paragraph (a)
and subdivision 3.
deleted text end
deleted text begin
(c) The commissioner, in consultation with counties and 911 system users, shall
determine the amount of the enhanced 911 service fee. The commissioner shall inform
wireless and wire-line telecommunications service providers that provide service capable
of originating a 911 emergency telephone call of the total amount of the 911 service fees
in the same manner as provided in section .
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 12.
Minnesota Statutes 2004, section 403.113, subdivision 3, is amended to read:
Subd. 3.
Local expenditures.
(a) Money distributed under subdivision 2 for
enhanced 911 service may be spent on enhanced 911 system costs for the purposes
stated in subdivision 1deleted text begin , paragraph (a)deleted text end . In addition, money may be spent to lease,
purchase, lease-purchase, or maintain enhanced 911 equipment, including telephone
equipment; recording equipment; computer hardware; computer software for database
provisioning, addressing, mapping, and any other software necessary for automatic
location identification or local location identification; trunk lines; selective routing
equipment; the master street address guide; dispatcher public safety answering point
equipment proficiency and operational skills; pay for long-distance charges incurred due
to transferring 911 calls to other jurisdictions; and the equipment necessary within the
public safety answering point for community alert systems and to notify and communicate
with the emergency services requested by the 911 caller.
(b) Money distributed for enhanced 911 service may not be spent on:
(1) purchasing or leasing of real estate or cosmetic additions to or remodeling of
communications centers;
(2) mobile communications vehicles, fire engines, ambulances, law enforcement
vehicles, or other emergency vehicles;
(3) signs, posts, or other markers related to addressing or any costs associated with
the installation or maintenance of signs, posts, or markers.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 13.
Minnesota Statutes 2004, section 403.21, subdivision 2, is amended to read:
Subd. 2.
Board.
"Board" or "radio board" deleted text begin or "Metropolitan Radio Board"deleted text end means the
deleted text begin Metropolitandeleted text end new text begin Statewidenew text end Radio Board deleted text begin or its successor regional radio boarddeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 14.
Minnesota Statutes 2004, section 403.21, subdivision 7, is amended to read:
Subd. 7.
Plan.
"Plan" or "regionwide public safety radio system communication
plan" means deleted text begin thedeleted text end new text begin anew text end plan adopted by deleted text begin the Metropolitan Radio Board for a regionwide public
safety radio communications system.deleted text end new text begin a regional radio board.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 15.
Minnesota Statutes 2005 Supplement, section 403.21, subdivision 8, is
amended to read:
Subd. 8.
Subsystems.
"Subsystems" or "public safety radio subsystems" means
systems identified in the plan or a plan developed under section 403.36 as subsystems
interconnected by the system backbone and operated by deleted text begin the Metropolitan Radio Board,deleted text end a
regional radio boarddeleted text begin , deleted text end or local government units for their own internal operations.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 16.
Minnesota Statutes 2004, section 403.21, subdivision 9, is amended to read:
Subd. 9.
System backbone.
"System backbone" or "backbone" means a public
safety radio communication system that consists of a shared, trunked, communication,
and interoperability infrastructure network, including, but not limited to, radio towers and
associated structures and equipment, the elements of which are identified in the regionwide
public safety radio communication system plan deleted text begin under section 403.23, subdivision 6, deleted text end and
the statewide radio communication plan under section 403.36.
Sec. 17.
Minnesota Statutes 2004, section 403.33, is amended to read:
403.33 LOCAL PLANNING.
Subdivision 1.
County planning process.
(a) No later than two years from May
22, 1995, each metropolitan county shall undertake and complete a planning process
for its public safety radio subsystem to ensure participation by representatives of local
government units, quasi-public service organizations, and private entities eligible to use
the regional public safety radio system and to ensure coordination and planning of the
local subsystems. Local governments and other eligible users shall cooperate with the
county in its preparation of the subsystem plan to ensure that local needs are met.
(b) The new text begin regional new text end radio board new text begin for the metropolitan area new text end shall encourage the
establishment by each metropolitan county of local public safety radio subsystem
committees composed of representatives of local governments and other eligible users
for the purposes of:
(1) establishing a plan for coordinated and timely use of the regionwide public safety
radio system by the local governments and other eligible users within each metropolitan
county; and
(2) assisting and advising the new text begin regional radio new text end board new text begin for the metropolitan area new text end in its
implementation of the regional public safety radio plan by identification of local service
needs and objectives.
(c) The new text begin regional radio new text end board new text begin for the metropolitan area new text end shall also encourage the
establishment of joint or multicounty planning for the regionwide public safety radio
system and subsystems.
(d) The new text begin regional radio new text end board new text begin for the metropolitan area new text end may provide local boards with
whatever assistance it deems necessary and appropriate.
(e) No metropolitan county or city of the first class shall be required to undertake a
technical subsystem design to meet the planning process requirements of this subdivision
or subdivision 2.
Subd. 2.
Cities of first class; planning process.
Each city of the first class in the
metropolitan counties shall have the option to participate in the county public safety radio
subsystem planning process or develop its own plan.
Subd. 3.
Submission of plans to board.
Each metropolitan county and each city
of the first class in the metropolitan area which has chosen to develop its own plan shall
submit the plan to the new text begin regional radio new text end board new text begin for the metropolitan area new text end for the board's review
and approval.
Subd. 4.
Local government joinder.
Local government units, except for cities of
the first class, quasi-public service organizations, and private entities eligible to use the
regional public safety radio system cannot join the system until its county plan has been
approved by the new text begin regional radio new text end boardnew text begin for the metropolitan areanew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 18.
Minnesota Statutes 2004, section 403.34, is amended to read:
403.34 OPTIONAL LOCAL USE OF deleted text begin REGIONALdeleted text end new text begin STATEWIDEnew text end SYSTEM.
Subdivision 1.
Options.
Use of the deleted text begin regionaldeleted text end new text begin statewide new text end public safety radio system
by local governments, quasi-public service organizations, and private entities eligible to
use the system shall be optional and no local government or other eligible user of the
system shall be required to abandon or modify current public safety radio communication
systems or purchase new equipment until the local government or other eligible user
elects to join the system. Public safety radio communication service to local governments
and other eligible users who do not initially join the system shall not be interrupted. No
local government or other eligible users who do not join the system shall be charged a
user fee for the use of the system.
Subd. 2.
Requirements to join.
Local governments and other entities eligible to
join the deleted text begin regionaldeleted text end new text begin statewide new text end public safety radio system which elect to join the system must
do so in accordance with and meet the requirements of the provisions of the plan adopted
by the deleted text begin radiodeleted text end board as provided in section deleted text begin 403.23, subdivision 2deleted text end new text begin 403.36new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 19.
Minnesota Statutes 2005 Supplement, section 403.36, subdivision 1, is
amended to read:
Subdivision 1.
Membership.
(a) The commissioner of public safety shall convene
and chair the Statewide Radio Board to develop a project plan for a statewide, shared,
trunked public safety radio communication system. The system may be referred to as
"Allied Radio Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
deleted text begin
(6) the commissioner of health;
deleted text end
deleted text begin (7)deleted text end new text begin (6)new text end the commissioner of finance;
new text begin
(7) the chair of the Metropolitan Council;
new text end
(8) two elected city officials, one from the nine-county metropolitan area and one
from Greater Minnesota, appointed by the governing body of the League of Minnesota
Cities;
(9) two elected county officials, one from the nine-county metropolitan area and
one from Greater Minnesota, appointed by the governing body of the Association of
Minnesota Counties;
(10) two sheriffs, one from the nine-county metropolitan area and one from Greater
Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
(11) two chiefs of police, one from the nine-county metropolitan area and one from
Greater Minnesota, appointed by the governor after considering recommendations made
by the Minnesota Chiefs' of Police Association;
(12) two fire chiefs, one from the nine-county metropolitan area and one from
Greater Minnesota, appointed by the governor after considering recommendations made
by the Minnesota Fire Chiefs' Association;
(13) two representatives of emergency medical service providers, one from the
nine-county metropolitan area and one from Greater Minnesota, appointed by the governor
after considering recommendations made by the Minnesota Ambulance Association;
(14) the chair of the deleted text begin Metropolitandeleted text end new text begin regional new text end radio boardnew text begin for the metropolitan areanew text end ; and
(15) a representative of Greater Minnesota elected by those units of government in
phase three and any subsequent phase of development as defined in the statewide, shared
radio and communication plan, who have submitted a plan to the Statewide Radio Board
and where development has been initiated.
(c) The Statewide Radio Board shall coordinate the appointment of board members
representing Greater Minnesota with the appointing authorities and may designate the
geographic region or regions from which an appointed board member is selected where
necessary to provide representation from throughout the state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 20.
Minnesota Statutes 2004, section 403.36, subdivision 1f, is amended to read:
Subd. 1f.
Advisory groups.
(a) The Statewide Radio Board shall establish one or
more advisory groups for the purpose of advising on the plan, design, implementation, and
administration of the statewide, shared trunked radio and communication system.
(b) At least one such group must consist of the following members:
(1) deleted text begin the chair of the Metropolitan Radio Board anddeleted text end the chair of each regional radio
board or, if no regional radio board has been formed, a representative of each region of
development as defined in the statewide, shared, trunked radio and communication plan,
once planning and development have been initiated for the region, or a designee;
(2) the chief of the Minnesota State Patrol or a designee;
(3) a representative of the Minnesota State Sheriffs' Association;
(4) a representative of the Minnesota Chiefs of Police Association;
(5) a representative of the Minnesota Fire Chiefs' Association; and
(6) a representative of the Emergency Medical Services Board.
Sec. 21. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2004, section 403.08, subdivision 8; 403.22; 403.23; 403.24;
403.25; 403.26; 403.28; 403.29, subdivisions 1, 2, and 3; 403.30, subdivisions 2 and 4;
and 403.35
new text end
new text begin
are repealed.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
ARTICLE 8
IMMIGRATION; LAW ENFORCEMENT
Section 1.
new text begin
[299A.69] ILLEGAL IMMIGRATION ENFORCEMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Memorandums of understanding. new text end
new text begin
The commissioner of public
safety may enter into memorandums of understanding or otherwise coordinate with the
United States Department of Justice and the United States Department of Homeland
Security to have state law enforcement officers enforce federal immigration laws in the
state. State law enforcement officers designated to enforce federal immigration laws must
participate in the preassignment training established under subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Immigration enforcement training. new text end
new text begin
The commissioner of public safety,
in consultation with representatives of the United States Department of Justice and the
United States Department of Homeland Security, shall develop a course to train state
law enforcement officers who are assigned to the special crimes unit to enforce federal
immigration laws. The course must comply with applicable federal training guidelines
and cover immigration law, immigrant questioning, immigrant detention and arrest, civil
rights, public complaint procedures, antiracial profiling procedures, and other topics
necessary to prepare state law enforcement officers to enforce federal immigration laws.
new text end
new text begin Subd. 3. new text end
new text begin Special crimes unit. new text end
new text begin
The special crimes unit is established. The
commissioner of public safety shall convene and direct the unit. The unit shall be
comprised of at least ten law enforcement officers who have completed the course the
commissioner develops under subdivision 2. The commissioner shall develop, and use
the unit to implement, an illegal immigration enforcement strategy for state and local law
enforcement agencies. The unit shall focus its time and resources on identifying and
apprehending illegal immigrants who are involved in felony level criminal activity. Upon
request from a law enforcement agency, the unit may assist the agency in investigating
and apprehending illegal immigrants involved in felony level criminal activity. The
commissioner shall consider assigning members of the unit to (1) serve as a training
officer and liaison to local law enforcement; (2) serve on federal immigration and
terrorism task forces; (3) investigate crimes involving false identification, fraud, and
human trafficking; and (4) work in field offices located in or near communities with large
immigrant populations.
new text end
Sec. 2.
Minnesota Statutes 2005 Supplement, section 299C.10, subdivision 1, is
amended to read:
Subdivision 1.
Required fingerprinting.
(a) Sheriffs, peace officers, and
community corrections agencies operating secure juvenile detention facilities shall take
or cause to be taken immediately finger and thumb prints, photographs, distinctive
physical mark identification data, information on any known aliases or street names,
new text begin citizenship and immigration status, new text end and other identification data requested or required by
the superintendent of the bureau, of the following:
(1) persons arrested for, appearing in court on a charge of, or convicted of a felony,
gross misdemeanor, or targeted misdemeanor;
(2) juveniles arrested for, appearing in court on a charge of, adjudicated delinquent
for, or alleged to have committed felonies or gross misdemeanors as distinguished from
those committed by adult offenders;
(3) persons reasonably believed by the arresting officer to be fugitives from justice;
(4) persons in whose possession, when arrested, are found concealed firearms or
other dangerous weapons, burglar tools or outfits, high-power explosives, or articles,
machines, or appliances usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes;
(5) juveniles referred by a law enforcement agency to a diversion program for a
felony or gross misdemeanor offense; and
(6) persons currently involved in the criminal justice process, on probation, on
parole, or in custody for the offenses in suspense whom the superintendent of the bureau
identifies as being the subject of a court disposition record which cannot be linked to an
arrest record, and whose fingerprints are necessary in order to maintain and ensure the
accuracy of the bureau's criminal history files, to reduce the number of suspense files, or
to comply with the mandates of section 299C.111, relating to the reduction of the number
of suspense files. This duty to obtain fingerprints for the offenses in suspense at the
request of the bureau shall include the requirement that fingerprints be taken in post-arrest
interviews, while making court appearances, while in custody, or while on any form of
probation, diversion, or supervised release.
(b) Unless the superintendent of the bureau requires a shorter period, within 24 hours
the fingerprint records and other identification data specified under paragraph (a) must
be forwarded to the bureau on such forms and in such manner as may be prescribed by
the superintendent.
(c) Prosecutors, courts, and probation officers and their agents, employees, and
subordinates shall attempt to ensure that the required identification data is taken on a
person described in paragraph (a). Law enforcement may take fingerprints of an individual
who is presently on probation.
(d) For purposes of this section, a targeted misdemeanor is a misdemeanor violation
of section 169A.20 (driving while impaired), 518B.01 (order for protection violation),
609.224 (fifth degree assault), 609.2242 (domestic assault), 609.746 (interference with
privacy), 609.748 (harassment or restraining order violation), or 617.23 (indecent
exposure).
Sec. 3.
Minnesota Statutes 2004, section 299C.10, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Citizenship data maintenance requirements. new text end
new text begin
The law enforcement
officer who collects arrestee information under subdivision 1 shall request from each
arrestee primary identification documents to establish the person's citizenship and
immigration status. The officer may rely upon a valid Minnesota driver's license or
identification card as proof of citizenship and immigration status. If an arrestee's driver's
license or identification card is labeled status check or if the officer is unable to verify an
arrestee's citizenship or immigration status, the officer must contact federal immigration
authorities and request an immigration status check. When transferring identification data
to the bureau under section 299C.11, the sheriff or chief of police shall identify each
arrestee's citizenship and immigration status. If the person is not a United States citizen,
arrestee immigration status must be coded as one of the following:
new text end
new text begin
(1) legal immigrant;
new text end
new text begin
(2) legal visa-holder;
new text end
new text begin
(3) status uncertain; or
new text end
new text begin
(4) illegal alien.
new text end
Sec. 4.
Minnesota Statutes 2005 Supplement, section 299C.11, subdivision 1, is
amended to read:
Subdivision 1.
Identification data other than DNA.
(a) Each sheriff and chief of
police shall furnish the bureau, upon such form as the superintendent shall prescribe, with
such finger and thumb prints, photographs, distinctive physical mark identification data,
information on known aliases and street names, new text begin citizenship and immigration status data,
new text end and other identification data as may be requested or required by the superintendent of the
bureau, which must be taken under the provisions of section 299C.10. In addition, sheriffs
and chiefs of police shall furnish this identification data to the bureau for individuals found
to have been convicted of a felony, gross misdemeanor, or targeted misdemeanor, within
the ten years immediately preceding their arrest. When the bureau learns that an individual
who is the subject of a background check has used, or is using, identifying information,
including, but not limited to, name and date of birth, other than those listed on the criminal
history, the bureau may add the new identifying information to the criminal history when
supported by fingerprints.
(b) No petition under chapter 609A is required if the person has not been convicted
of any felony or gross misdemeanor, either within or without the state, within the period
of ten years immediately preceding the determination of all pending criminal actions or
proceedings in favor of the arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of probable cause; or
(2) the prosecuting authority declined to file any charges and a grand jury did not
return an indictment.
Where these conditions are met, the bureau or agency shall, upon demand, return to
the arrested person finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street names, and other identification
data, and all copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the determination of all
pending criminal actions or proceedings in favor of the arrested person, and the granting
of the petition of the arrested person under chapter 609A, the bureau shall seal finger and
thumb prints, photographs, distinctive physical mark identification data, information on
known aliases and street names, and other identification data, and all copies and duplicates
of them if the arrested person has not been convicted of any felony or gross misdemeanor,
either within or without the state, within the period of ten years immediately preceding
such determination.
Sec. 5.
new text begin
[299C.146] CITIZENSHIP AND IMMIGRATION DATA.
new text end
new text begin
(a) The superintendent of the Bureau of Criminal Apprehension shall maintain both
citizenship and immigration status data in the bureau's criminal history database. Each
offender file entered or updated on or after July 1, 2007, must have the citizenship data
completed and, if the person is not a United States citizen, the immigration status data
completed with one of the following designations: legal immigrant, legal visa-holder,
status uncertain, or illegal alien.
new text end
new text begin
(b) To the degree feasible, the superintendent shall maintain, update, and correct
citizenship and immigration information required under section 299C.10, subdivision
1b, and facilitate appropriate criminal justice access to this data. The special crimes
unit established in section 299A.69 shall assist the superintendent in development and
maintenance of the citizenship and immigration status data.
new text end
new text begin
(c) The superintendent shall periodically supply the special crimes unit with data
statistics concerning the number of crimes committed by individuals with uncertain or
illegal alien status as reported to the bureau under section 299C.11, subdivision 1. The
special crimes unit may use the "status uncertain" designation as a potential indicator of
illegal immigration status during investigations.
new text end
new text begin
(d) The Bureau of Criminal Apprehension is immune from any civil or criminal
liability that might otherwise arise under this section, based on the accuracy or
completeness of any records it receives from law enforcement agencies, if the bureau
acts in good faith.
new text end
new text begin
(e) Data collected under this subdivision is regulated by section 13.87.
new text end
ARTICLE 9
FRAUDULENT OR IMPROPER FINANCING STATEMENTS
Section 1.
Minnesota Statutes 2004, section 358.41, is amended to read:
358.41 DEFINITIONS.
As used in sections 358.41 to 358.49:
(1) "Notarial act" means any act that a notary public of this state is authorized to
perform, and includes taking an acknowledgment, administering an oath or affirmation,
taking a verification upon oath or affirmation, witnessing or attesting a signature, certifying
or attesting a copy, and noting a protest of a negotiable instrument.new text begin A notary public may
perform a notarial act by electronic means.
new text end
(2) "Acknowledgment" means a declaration by a person that the person has executed
an instrumentnew text begin or electronic record new text end for the purposes stated therein and, if the instrumentnew text begin
or electronic recordnew text end is executed in a representative capacity, that the person signed
the instrument with proper authority and executed it as the act of the person or entity
represented and identified therein.
(3) "Verification upon oath or affirmation" means a declaration that a statement is
true made by a person upon oath or affirmation.
(4) "In a representative capacity" means:
(i) for and on behalf of a corporation, partnership, trust, or other entity, as an
authorized officer, agent, partner, trustee, or other representative;
(ii) as a public officer, personal representative, guardian, or other representative,
in the capacity recited in the instrument;
(iii) as an attorney in fact for a principal; or
(iv) in any other capacity as an authorized representative of another.
(5) "Notarial officer" means a notary public or other officer authorized to perform
notarial acts.
new text begin
(6) "Electronic signature" means an electronic sound, symbol, or process attached
to or logically associated with a record and executed or adopted by a person with the
intent to sign the record.
new text end
new text begin
(7) "Electronic record" means a record created, generated, sent, communicated,
received, or stored by electronic means.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 2.
Minnesota Statutes 2004, section 358.42, is amended to read:
358.42 NOTARIAL ACTS.
(a) In taking an acknowledgment, the notarial officer must determine, either from
personal knowledge or from satisfactory evidence, that the person appearing before the
officer and making the acknowledgment is the person whose true signature is on the
instrumentnew text begin or electronic recordnew text end .
(b) In taking a verification upon oath or affirmation, the notarial officer must
determine, either from personal knowledge or from satisfactory evidence, that the person
appearing before the officer and making the verification is the person whose true signature
is on the statement verified.
(c) In witnessing or attesting a signature the notarial officer must determine, either
from personal knowledge or from satisfactory evidence, that the signature is that of the
person appearing before the officer and named therein.
(d) In certifying or attesting a copy of a documentnew text begin , electronic record,new text end or other item,
the notarial officer must determine that the proffered copy is a full, true, and accurate
transcription or reproduction of that which was copied.
(e) In making or noting a protest of a negotiable instrumentnew text begin or electronic recordnew text end the
notarial officer must determine the matters set forth in section 336.3-505.
(f) A notarial officer has satisfactory evidence that a person is the person whose true
signature is on a documentnew text begin or electronic recordnew text end if that person (i) is personally known to
the notarial officer, (ii) is identified upon the oath or affirmation of a credible witness
personally known to the notarial officer, or (iii) is identified on the basis of identification
documents.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 3.
Minnesota Statutes 2004, section 358.47, is amended to read:
358.47 CERTIFICATE OF NOTARIAL ACTS.
(a) A notarial act must be evidenced by a certificatenew text begin physically or electronicallynew text end
signed and dated by a notarial officernew text begin in a manner that attributes such signature to the
notary public identified on the commissionnew text end . The certificate must include identification
of the jurisdiction in which the notarial act is performed and the title of the office of
the notarial officer and may include the official stamp or seal of officenew text begin , or the notary's
electronic sealnew text end . If the officer is a notary public, the certificate must also indicate the date
of expiration, if any, of the commission of office, but omission of that information may
subsequently be corrected. If the officer is a commissioned officer on active duty in the
military service of the United States, it must also include the officer's rank.
(b) A certificate of a notarial act is sufficient if it meets the requirements of
subsection (a) and it:
(1) is in the short form set forth in section 358.48;
(2) is in a form otherwise prescribed by the law of this state;
(3) is in a form prescribed by the laws or regulations applicable in the place in
which the notarial act was performed; or
(4) sets forth the actions of the notarial officer and those are sufficient to meet the
requirements of the designated notarial act.
(c) By executing a certificate of a notarial act, the notarial officer certifies that the
officer has made the determinations required by section 358.42.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 4.
Minnesota Statutes 2004, section 358.50, is amended to read:
358.50 EFFECT OF ACKNOWLEDGMENT.
An acknowledgment made in a representative capacity for and on behalf of a
corporation, partnership, trust, or other entity and certified substantially in the form
prescribed in this chapter is prima facie evidence that the instrumentnew text begin or electronic recordnew text end
was executed and delivered with proper authority.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 5.
Minnesota Statutes 2004, section 359.01, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Registration to perform electronic notarizations. new text end
new text begin
Before performing
electronic notarial acts, a notary public shall register the capability to notarize
electronically with the secretary of state. Before performing electronic notarial acts after
recommissioning, a notary public shall reregister with the secretary of state.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 6.
Minnesota Statutes 2004, section 359.03, subdivision 3, is amended to read:
Subd. 3.
Specifications.
The seal of every notary public may be affixed by a stamp
that will print a seal which legibly reproduces under photographic methods the seal of
the state of Minnesota, the name of the notary, the words "Notary Public," and the words
"My commission expires ...............," with the expiration date shown thereonnew text begin or may be
an electronic formnew text end . deleted text begin Thedeleted text end new text begin A physicalnew text end sealnew text begin used to authenticate a paper documentnew text end shall be
a rectangular form of not more than three-fourths of an inch vertically by 2-1/2 inches
horizontally, with a serrated or milled edge border, and shall contain the information
required by this subdivision.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 7.
Minnesota Statutes 2004, section 359.03, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Electronic seal. new text end
new text begin
A notary's electronic seal shall contain the notary's name,
jurisdiction, and commission expiration date, and shall be logically and securely affixed to
or associated with the electronic record being notarized.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 8.
Minnesota Statutes 2004, section 359.04, is amended to read:
359.04 POWERS.
Every notary public so appointed, commissioned, and qualified shall have power
throughout this state to administer all oaths required or authorized to be administered in
this state; to take and certify all depositions to be used in any of the courts of this state;
to take and certify all acknowledgments of deeds, mortgages, liens, powers of attorney,
and other instruments in writingnew text begin or electronic recordsnew text end ; and to receive, make out, and
record notarial protests.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 9.
Minnesota Statutes 2004, section 359.05, is amended to read:
359.05 DATE OF EXPIRATION OF COMMISSION AND NAME TO BE
ENDORSED.
Every notary public, except in cases provided in section 359.03, subdivision 3,
taking an acknowledgment of an instrument, taking a deposition, administering an oath, or
making a notarial protest, shall, immediately following the notary'snew text begin physical or electronicnew text end
signature to the jurat or certificate of acknowledgment, endorse the date of the expiration
of the commission; such endorsement may be legibly written, stamped, deleted text begin ordeleted text end printed upon
the instrument, but must be disconnected from the seal, and shall be substantially in the
following form: "My commission expires ............, ....." Except in cases provided in section
359.03, subdivision 3, every notary public, in addition to signing the jurat or certificate of
acknowledgment, shall, immediately following the signature and immediately preceding
the official description, endorse thereon the notary's name with a typewriter deleted text begin ordeleted text end new text begin ,new text end print the
same legibly with a stamp deleted text begin ordeleted text end new text begin , new text end with pen and inknew text begin , or affix by electronic meansnew text end ; provided
that the failure so to endorse or print the name shall not invalidate any jurat or certificate
of acknowledgment.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 10.
Minnesota Statutes 2004, section 359.085, is amended to read:
359.085 STANDARDS OF CONDUCT FOR NOTARIAL ACTS.
Subdivision 1.
Acknowledgments.
In taking an acknowledgment, the notarial
officer must determine, either from personal knowledge or from satisfactory evidence,
that the person appearing before the officer and making the acknowledgment is the person
whose true signature is on the instrumentnew text begin or electronic recordnew text end .
Subd. 2.
Verifications.
In taking a verification upon oath or affirmation, the notarial
officer must determine, either from personal knowledge or from satisfactory evidence, that
the person appearing before the officer and making the verification is the person whose
true signature is on the statement verified.
Subd. 3.
Witnessing or attesting signatures.
In witnessing or attesting a signature,
the notarial officer must determine, either from personal knowledge or from satisfactory
evidence, that the signature is that of the person appearing before the officer and named in
the documentnew text begin or electronic recordnew text end .
Subd. 4.
Certifying or attesting documents.
In certifying or attesting a copy of a
documentnew text begin , electronic record,new text end or other item, the notarial officer must determine that the
proffered copy is a full, true, and accurate transcription or reproduction of that which
was copied.
Subd. 5.
Making or noting protests of negotiable instruments.
In making or
noting a protest of a negotiable instrumentnew text begin or electronic recordnew text end , the notarial officer must
determine the matters set forth in section 336.3-505.
Subd. 6.
Satisfactory evidence.
A notarial officer has satisfactory evidence that
a person is the person whose true signature is on a documentnew text begin or electronic recordnew text end if that
person (i) is personally known to the notarial officer, (ii) is identified upon the oath
or affirmation of a credible witness personally known to the notarial officer, or (iii) is
identified on the basis of identification documents.
Subd. 7.
Prohibited acts.
A notarial officer may not acknowledge, witness or attest
to the officer's own signature, or take a verification of the officer's own oath or affirmation.
new text begin Subd. 8. new text end
new text begin Failure to appear before notary. new text end
new text begin
A notarial officer may not notarize the
physical or electronic signature of any signer who is not in the presence of the notary at
the time of notarization.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 11.
new text begin
[545.05] EXPEDITED PROCESS TO REVIEW AND DETERMINE
EFFECTIVENESS OF FINANCING STATEMENTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, a financing statement or
other record is fraudulent or otherwise improper if it is filed without the authorization of
the obligor, person named as debtor, or owner of collateral described or indicated in
the financing statement or other record, or by consent of an agent, fiduciary, or other
representative of that person, or without the consent of the secured party of record in
the case of an amendment or termination.
new text end
new text begin
(b) As used in this section, filing office or filing officer refers to the office or officer
where a financing statement or other record is appropriately filed or recorded as provided
by law, including, but not limited to, the county recorder, the secretary of state, and other
related filing officers.
new text end
new text begin Subd. 2. new text end
new text begin Motion. new text end
new text begin
An obligor, person named as a debtor, or owner of collateral
described or indicated in a financing statement or other record filed under sections
336.9-101 to 336.9-709 (Uniform Commercial Code - Secured Transactions), who
has reason to believe that the financing statement or other record is fraudulent or
otherwise improper may complete and file at any time a motion for judicial review of the
effectiveness of the financing statement or other record. A secured party of record who
believes that an amendment or termination of a financing statement or other record is
fraudulent or otherwise improper may also file a motion.
new text end
new text begin Subd. 3. new text end
new text begin Service and filing. new text end
new text begin
(a) The motion under subdivision 2 must be mailed
by certified United States mail to the person who is indicated as the secured party on
the allegedly fraudulent or improper record at the address listed on the record or, in the
case of a filing by the secured party of record, to the address of the person who filed
the amendment or termination in question, as listed on the record. The motion must be
accompanied by a copy of the record in question, an affidavit of mailing, the form for
responding to the motion under subdivision 6, and a copy of the text of this section.
new text end
new text begin
(b) On the day the motion is mailed, a copy of the materials must be filed with the
district court of the county in which the financing statement or other record has been filed
or in the county of residence of the moving party. The motion must be supported by
the affidavit of the moving party or the moving party's attorney setting forth a concise
statement of the facts upon which the claim for relief is based. There is no filing fee for a
motion or a response filed under this section.
new text end
new text begin Subd. 4. new text end
new text begin Motion form. new text end
new text begin
The motion must be in substantially the following form:
new text end
new text begin
In Re: A Purported Financing Statement in the district court of ............. County,
Minnesota, Against [Name of person who filed the financing statement]
new text end
new text begin
MOTION FOR JUDICIAL REVIEW OF A FINANCING STATEMENT FILED
UNDER THE UNIFORM COMMERCIAL CODE - SECURED TRANSACTIONS
new text end
new text begin
.................................... (name of moving party) files this motion requesting a judicial
determination of the effectiveness of a financing statement or other record filed under the
Uniform Commercial Code - Secured Transactions in the office of the ............... (filing
office and location) and in support of the motion provides as follows:
new text end
new text begin
I.
new text end
new text begin
................. (name), the moving party, is the [obligor, person named as a debtor, or
owner of collateral described or indicated in] [secured party of record listed in] a financing
statement or other record filed under the Uniform Commercial Code.
new text end
new text begin
II.
new text end
new text begin
On ............. (date), in the exercise of the filing officer's official duties as ..................
(filing officer's position), the filing officer received and filed or recorded the financing
statement or other record, a copy which is attached, that purports to [perfect a security
interest against the obligor, person named as debtor, or the owner of collateral described or
indicated in the financing statement or other record] or [amend or terminate the financing
statement in which the moving party is listed as the secured party of record].
new text end
new text begin
III.
new text end
new text begin
The moving party alleges that the financing statement or other record is fraudulent
or otherwise improper and that this court should declare the financing statement or other
record ineffective.
new text end
new text begin
IV.
new text end
new text begin
The moving party attests that the assertions in this motion are true and correct.
new text end
new text begin
V.
new text end
new text begin
The moving party does not request the court to make a finding as to any underlying
claim of the parties involved and acknowledges that this motion does not seek review of
an effective financing statement. The moving party further acknowledges that the moving
party may be subject to sanctions if this motion is determined to be frivolous. The moving
party may be contacted by the respondent at:
new text end
new text begin
Mailing Address: (required)
new text end
new text begin
Telephone Number:
new text end
new text begin
Facsimile Number: (either facsimile or e-mail contact is required)
new text end
new text begin
E-Mail Address: (either facsimile or e-mail contact is required)
new text end
new text begin
REQUEST FOR RELIEF
new text end
new text begin
The moving party requests the court to review the attached documentation and enter
an order finding that the financing statement or other record is ineffective together with
other findings as the court deems appropriate.
new text end
new text begin
Respectfully submitted, .......................... (Signature and typed name and address).
new text end
new text begin Subd. 5. new text end
new text begin Motion acknowledgment form. new text end
new text begin
The form for the certificate of
acknowledgment must be substantially as follows:
new text end
new text begin
AFFIDAVIT
new text end
new text begin
THE STATE OF MINNESOTA COUNTY OF .......
new text end
new text begin
BEFORE ME, the undersigned authority, personally appeared ........., who, being by
me duly sworn, deposed as follows:
new text end
new text begin
"My name is ............... I am over 18 years of age, of sound mind, with personal
knowledge of the following facts, and fully competent to testify.
new text end
new text begin
I attest that the assertions contained in the accompanying motion are true and
correct."
new text end
new text begin
SUBSCRIBED and SWORN TO before me, this ..... day of ..................
new text end
new text begin
NOTARY PUBLIC, State of [state name]
new text end
new text begin
Notary's printed name: .........................
new text end
new text begin
My commission expires: .........................
new text end
new text begin
The motion must be supported by the affidavit of the moving party or the moving
party's attorney setting forth a concise statement of the facts upon which the claim for
relief is based.
new text end
new text begin Subd. 6. new text end
new text begin Motion affidavit of mailing form. new text end
new text begin
The moving party shall complete an
affidavit of mailing the motion to the court and to the respondent in substantially the
following form:
new text end
new text begin
State of Minnesota
new text end
new text begin
County of ..........
new text end
new text begin
............................, the moving party, being duly sworn, on oath, deposes and says
that on the ..... day of .........., ......., the moving party mailed the motion to the court and
the respondent by placing a true and correct copy of the motion in an envelope addressed
to them as shown by certified United States mail at ............................, Minnesota.
new text end
new text begin
Subscribed and sworn to before me this ..... day of ...................., .......
new text end
new text begin Subd. 7. new text end
new text begin Response form. new text end
new text begin
The person listed as [the secured party in] [filing] the
record for which the moving party has requested review may respond to the motion and
accompanying materials to request an actual hearing within 20 days from the mailing by
certified United States mail by the moving party. The form for use by the person listed as
[the secured party in] [filing] the record in question to respond to the motion for judicial
review must be in substantially the following form:
new text end
new text begin
In Re: A Purported Financing Statement in the district court of ............. County,
Minnesota, Against [Name of person who filed the financing statement]
new text end
new text begin
RESPONSE TO MOTION FOR JUDICIAL REVIEW OF A FINANCING
STATEMENT FILED UNDER THE UNIFORM COMMERCIAL CODE
- SECURED TRANSACTIONS
new text end
new text begin
............................ (name) files this response to a motion requesting a judicial
determination of the effectiveness of a financing statement or other record filed under the
Uniform Commercial Code - Secured Transactions in the office of the ............... (filing
office and location) and in support of the motion provides as follows:
new text end
new text begin
I.
new text end
new text begin
................. (name), the respondent, is the person listed as [the secured party in]
[filing] the record for which review has been requested by the moving party.
new text end
new text begin
II.
new text end
new text begin
On ............. (date), in the exercise of the filing officer's official duties as ..................
(filing officer's position), the filing officer received and filed or recorded the financing
statement or other record, a copy which is attached, that purports to [perfect a security
interest against] [amend or terminate a record filed by] the moving party.
new text end
new text begin
III.
new text end
new text begin
Respondent states that the financing statement or other record is not fraudulent
or otherwise improper and that this court should not declare the financing statement or
other record ineffective.
new text end
new text begin
IV.
new text end
new text begin
Respondent attests that assertions in this response are true and correct.
new text end
new text begin
V.
new text end
new text begin
Respondent does not request the court to make a finding as to any underlying claim
of the parties involved. Respondent further acknowledges that respondent may be subject
to sanctions if this response is determined to be frivolous.
new text end
new text begin
REQUEST FOR RELIEF
new text end
new text begin
Respondent requests the court to review the attached documentation, to set a hearing
for no later than five days after the date of this response or as soon after that as the court
shall order and to enter an order finding that the financing statement or other record is
not ineffective together with other findings as the court deems appropriate. Respondent
may be contacted at:
new text end
new text begin
Mailing Address: (required)
new text end
new text begin
Telephone Number:
new text end
new text begin
Facsimile Number: (either facsimile or e-mail contact is required)
new text end
new text begin
E-Mail Address: (either facsimile or e-mail contact is required)
new text end
new text begin
Respectfully submitted, .........................
new text end
new text begin
(Signature and typed name and address).
new text end
new text begin Subd. 8. new text end
new text begin Response acknowledgment form. new text end
new text begin
The form for the certificate of
acknowledgment must be substantially as follows:
new text end
new text begin
AFFIDAVIT
new text end
new text begin
THE STATE OF MINNESOTA COUNTY OF .......
new text end
new text begin
BEFORE ME, the undersigned authority, personally appeared ........., who, being by
me duly sworn, deposed as follows:
new text end
new text begin
"My name is ............... I am over 18 years of age, of sound mind, with personal
knowledge of the following facts, and fully competent to testify.
new text end
new text begin
I attest that the assertions contained in the accompanying motion are true and
correct."
new text end
new text begin
SUBSCRIBED and SWORN TO before me, this ..... day of ..................
new text end
new text begin
NOTARY PUBLIC, State of [state name]
new text end
new text begin
Notary's printed name: .........................
new text end
new text begin
My commission expires: .........................
new text end
new text begin Subd. 9. new text end
new text begin Response affidavit of mailing form. new text end
new text begin
Respondent shall submit the
response by United States mail to both the court and the moving party, and also by either
e-mail or facsimile as provided by the moving party. The respondent shall complete an
affidavit of mailing the response to the court and to the moving party in substantially
the following form:
new text end
new text begin
State of Minnesota
new text end
new text begin
County of ..........
new text end
new text begin
............................, being the responding party, being duly sworn, on oath, deposes
and says that on the ..... day of .........., ......., respondent mailed the response to court
and the moving party by placing a true and correct copy of the response in an envelope
addressed to them as shown depositing the same with postage prepaid, in the U.S. Mail
at ............................, Minnesota.
new text end
new text begin
Subscribed and sworn to before me this ..... day of ...................., .......
new text end
new text begin Subd. 10. new text end
new text begin Hearing. new text end
new text begin
(a) If a hearing is timely requested, the court shall hold that
hearing within five days after the mailing of the response by the respondent or as soon
after that as ordered by the court. After the hearing, the court shall enter appropriate
findings of fact and conclusions of law regarding the financing statement or other record
filed under the Uniform Commercial Code.
new text end
new text begin
(b) If a hearing request under subdivision 7 is not received by the court by the
20th day following the mailing of the original motion, the court's finding may be made
solely on a review of the documentation attached to the motion and without hearing any
testimonial evidence. After that review, which must be conducted no later than five days
after the 20-day period has expired, the court shall enter appropriate findings of fact and
conclusions of law as provided in subdivision 11 regarding the financing statement or
other record filed under the Uniform Commercial Code.
new text end
new text begin
(c) A copy of the findings of fact and conclusions of law must be sent to the moving
party, the respondent, and the person who filed the financing statement or other record at
the address listed in the motion or response of each person within seven days of the date
that the findings of fact and conclusions of law are issued by the court.
new text end
new text begin
(d) In all cases, the moving party shall file or record an attested copy of the findings
of fact and conclusions of law in the filing office in the appropriate class of records in
which the original financing statement or other record was filed or recorded. The filing
officer shall not collect a filing fee for filing a court's finding of fact and conclusion of
law as provided in this section except as specifically directed by the court in its findings
and conclusions.
new text end
new text begin Subd. 11. new text end
new text begin Order form; no hearing. new text end
new text begin
The findings of fact and conclusion of law
for an expedited review where no hearing has been requested must be in substantially
the following form:
new text end
new text begin
MISCELLANEOUS DOCKET No. ...........
new text end
new text begin
In Re: A purported Financing Statement in the district court of ........... ................
County, Minnesota, Against [Name of person who filed financing statement]
new text end
new text begin
Judicial Finding of Fact and Conclusion of Law Regarding a Financing Statement or
Other Record Filed Under the Uniform Commercial Code - Secured Transactions
new text end
new text begin
On the (number) day of (month), (year), in the above entitled and numbered cause,
this court reviewed a motion, verified by affidavit, of (name) and the documentation
attached. The respondent did not respond within the required 20-day period. No testimony
was taken from any party, nor was there any notice of the court's review, the court
having made the determination that a decision could be made solely on review of the
documentation as provided in Minnesota Statutes, section 545.05.
new text end
new text begin
The court finds as follows (only an item or subitem checked and initialed is a valid
court ruling):
new text end
new text begin
[..] The documentation attached to the motion IS filed or recorded with the
authorization of the obligor, person named as debtor, or owner of collateral described or
indicated in the financing statement or other record, or by consent of an agent, fiduciary, or
other representative of that person, or with the authorization of the secured party of record
in the case of an amendment or termination.
new text end
new text begin
[..] The documentation attached to the motion IS NOT filed or recorded with the
authorization of the obligor, person named as debtor, or owner of collateral described or
indicated in the documentation, or by consent of an agent, fiduciary, or other representative
of that person, or with the authorization of the secured party of record in the case of an
amendment or termination and, IS NOT an effective financing statement or other record
under the Uniform Commercial Code - Secured Transactions law of this state.
new text end
new text begin
[..] This court makes no finding as to any underlying claims of the parties involved
and expressly limits its findings of fact and conclusions of law to the review of a
ministerial act. The filing officer shall remove the subject financing statement or other
record so that the record is not reflected in or obtained as a result of any search, standard
or otherwise, conducted of those records, but shall retain them and these findings of fact
and conclusions of law in the filing office for the duration of the period for which they
would have otherwise been filed.
new text end
new text begin
SIGNED ON THIS THE ...... DAY of .......
new text end
new text begin
............. District Judge
new text end
new text begin
............. District
new text end
new text begin
............. County, Minnesota
new text end
new text begin new text end
new text begin Subd. 12. new text end
new text begin Hearing determination. new text end
new text begin
If a determination is made after a hearing, the
court may award the prevailing party all costs related to the entire review, including, but
not limited to, filing fees, attorney fees, administrative costs, and other costs.
new text end
new text begin Subd. 13. new text end
new text begin Subsequent motion. new text end
new text begin
If the moving party files a subsequent motion under
this section against a person filing a financing statement or other record that is reviewed
under this section and found to be filed or recorded with the authorization of the obligor,
person named as debtor, or owner of collateral described or indicated in the financing
statement or other record, or by consent of an agent, fiduciary, or other representative of
that person, or with the authorization of the secured party of record in the case of an
amendment or termination, the court may, in addition to assessing costs, order other
equitable relief against the moving party or enter other sanctions against the moving party.
new text end
new text begin Subd. 14. new text end
new text begin Judicial officers. new text end
new text begin
The chief judge of a district court may order that any
or all proceedings under this section be conducted and heard by other judicial officers of
that district court.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 12.
new text begin
[604.18] CIVIL LIABILITY FOR FRAUDULENT OR OTHERWISE
IMPROPER FINANCING STATEMENTS.
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:
new text end
new text begin
(1) "financing statement" has the meaning given in section 336.9-102(a) of the
Uniform Commercial Code; and
new text end
new text begin
(2) "filing officer" is defined as the Uniform Commercial Code filing officer in
each jurisdiction.
new text end
new text begin Subd. 2. new text end
new text begin Liability. new text end
new text begin
(a) A person shall not knowingly cause to be presented for filing
or promote the filing of a financing statement that the person knows:
new text end
new text begin
(1) is forged;
new text end
new text begin
(2) is not:
new text end
new text begin
(i) related to a valid lien or security agreement; or
new text end
new text begin
(ii) filed pursuant to section 336.9-502(d); and
new text end
new text begin
(3) is for an improper purpose or purposes, such as to harass, hinder, defraud, or
otherwise interfere with any person.
new text end
new text begin
(b) A person who violates paragraph (a) is liable to each injured person for:
new text end
new text begin
(1) the greater of:
new text end
new text begin
(i) nominal damages up to $10,000; or
new text end
new text begin
(ii) the actual damages caused by the violation;
new text end
new text begin
(2) court costs;
new text end
new text begin
(3) reasonable attorney fees;
new text end
new text begin
(4) related expenses of bringing the action, including investigative expenses; and
new text end
new text begin
(5) exemplary damages in the amount determined by the court.
new text end
new text begin Subd. 3. new text end
new text begin Cause of action. new text end
new text begin
(a) The following persons may bring an action to enjoin
violation of this section or to recover damages under this section:
new text end
new text begin
(1) the obligor, the person named as the debtor, any person who owns an interest
in the collateral described or indicated in the financing statement, or any person harmed
by the filing of the financing statement;
new text end
new text begin
(2) the attorney general;
new text end
new text begin
(3) a county attorney;
new text end
new text begin
(4) a city attorney; and
new text end
new text begin
(5) a person who has been damaged as a result of an action taken in reliance on the
filed financing statement.
new text end
new text begin
(b) A filing officer may refer a matter to the attorney general or other appropriate
person for filing the legal actions under this section.
new text end
new text begin Subd. 4. new text end
new text begin Venue. new text end
new text begin
An action under this section may be brought in any district court in
the county in which the financing statement is presented for filing or in a county where
any of the persons named in subdivision 3, paragraph (a), clause (1), reside.
new text end
new text begin Subd. 5. new text end
new text begin Filing fee. new text end
new text begin
(a) The fee for filing an action under this chapter is $....... The
plaintiff must pay the fee to the clerk of the court in which the action is filed. Except as
provided by paragraph (b), the plaintiff may not be assessed any other fee, cost, charge, or
expense by the clerk of the court or other public official in connection with the action.
new text end
new text begin
(b) The fee for service of notice of an action under this section charged to the
plaintiff may not exceed:
new text end
new text begin
(1) $....... if the notice is delivered in person; or
new text end
new text begin
(2) the cost of postage if the service is by registered or certified mail.
new text end
new text begin
(c) A plaintiff who is unable to pay the filing fee and fee for service of notice may file
with the court an affidavit of inability to pay under the Minnesota Rules of Civil Procedure.
new text end
new text begin
(d) If the fee imposed under paragraph (a) is less than the filing fee the court imposes
for filing other similar actions and the plaintiff prevails in the action, the court may order a
defendant to pay to the court the differences between the fee paid under paragraph (a) and
the filing fee the court imposes for filing other similar actions.
new text end
new text begin Subd. 6. new text end
new text begin Other remedies. new text end
new text begin
(a) An obligor, person named as a debtor, owner of
collateral, or any other person harmed by the filing of a financing statement in violation of
subdivision 2, paragraph (a), also may request specific relief, including, but not limited
to, terminating the financing statement and removing the debtor named in the financing
statement from the index as provided in section 545.05, such that it will not appear in a
search under that debtor name.
new text end
new text begin
(b) This law is cumulative of other law under which a person may obtain judicial
relief with respect to any filed or recorded document.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2006.
new text end
Sec. 13.
new text begin
[609.7475] FRAUDULENT OR OTHERWISE IMPROPER FINANCING
STATEMENTS.
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, "record" has the meaning given
in section 336.9-102.
new text end
new text begin Subd. 2. new text end
new text begin Crime described. new text end
new text begin
A person who:
new text end
new text begin
(1) knowingly causes to be presented for filing or promotes the filing of a record that:
new text end
new text begin
(i) is not:
new text end
new text begin
(A) related to a valid lien or security agreement; or
new text end
new text begin
(B) filed pursuant to section 336.9-502(d); or
new text end
new text begin
(ii) contains a forged signature or is based upon a document containing a forged
signature; or
new text end
new text begin
(2) presents for filing or causes to be presented for filing a record with the intent that
it be used to harass or defraud any other person;
new text end
new text begin
is guilty of a crime and may be sentenced as provided in subdivision 3.
new text end
new text begin Subd. 3. new text end
new text begin Penalties. new text end
new text begin
(a) Except as provided in paragraph (b), a person who violates
subdivision 2 is guilty of a gross misdemeanor.
new text end
new text begin
(b) A person who violates subdivision 2 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, if the person:
new text end
new text begin
(1) commits the offense with intent to influence or otherwise tamper with a juror or a
judicial proceeding or with intent to retaliate against a judicial officer, as defined in section
609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's
performance of official duties in connection with a judicial proceeding; or
new text end
new text begin
(2) commits the offense after having been previously convicted of a violation
of this section.
new text end
new text begin new text end
new text begin Subd. 4. new text end
new text begin Venue. new text end
new text begin
A violation of this section may be prosecuted in either the county
of residence of the individual listed as debtor or the county in which the filing is made.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
ARTICLE 10
FRAUDULENT IDENTITY DOCUMENTS
Section 1.
Minnesota Statutes 2005 Supplement, section 609.527, subdivision 1,
is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given them in this subdivision.
(b) "Direct victim" means any person or entity described in section 611A.01,
paragraph (b), whose identity has been transferred, used, or possessed in violation of
this section.
(c) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, Web
site address, e-mail address, postal address, telephone number, or any other identifying
information of a for-profit or not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.
(d) new text begin "Identification document" means any document or card issued to an individual
by a government agency or by the authority of a government agency containing the name
of a person and a description of the person or the person's photograph, or both, including
any of the following: a passport, visa, birth certificate, military identification card, Social
Security card, driver's license, or an identification card.
new text end
new text begin (e) new text end "Identity" means any name, number, or data transmission that may be used, alone
or in conjunction with any other information, to identify a specific individual or entity,
including any of the following:
(1) a name, Social Security number, date of birth, official government-issued
driver's license or identification number, government passport number, or employer or
taxpayer identification number;
(2) unique electronic identification number, address, account number, or routing
code; or
(3) telecommunication identification information or access device.
deleted text begin (e)deleted text end new text begin (f) new text end "Indirect victim" means any person or entity described in section 611A.01,
paragraph (b), other than a direct victim.
deleted text begin (f)deleted text end new text begin (g) new text end "Loss" means value obtained, as defined in section 609.52, subdivision 1,
clause (3), and expenses incurred by a direct or indirect victim as a result of a violation
of this section.
deleted text begin (g)deleted text end new text begin (h) new text end "Unlawful activity" means:
(1) any felony violation of the laws of this state or any felony violation of a similar
law of another state or the United States; and
(2) any nonfelony violation of the laws of this state involving theft, theft by swindle,
forgery, fraud, or giving false information to a public official, or any nonfelony violation
of a similar law of another state or the United States.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2004, section 609.527, is amended by adding a subdivision
to read:
new text begin Subd. 5b. new text end
new text begin Fraudulent identification cards; crime. new text end
new text begin
(a) A person who (1) knowingly
possesses, displays, or uses any false, fictitious, fraudulent, or altered identification
document, or (2) displays or represents as one's own an identification document not issued
to that person, is guilty of a misdemeanor.
new text end
new text begin
(b) A person convicted of a second or subsequent violation of paragraph (a) is
guilty of a gross misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2004, section 609.652, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For purposes of this section:
(1) deleted text begin "driver's license or identification card" means a driver's license or identification
card issued by the Driver and Vehicle Services Division of the Department of Public
Safety or receipts issued by its authorized agents or those of any state as defined in section
171.01 that issues licenses recognized in this state for the operation of a motor vehicle
or that issues identification cards recognized in this state for the purpose of indicating a
person's legal name and age; deleted text end new text begin "identification document" has the meaning given it in section
609.527, subdivision 1, paragraph (d);
new text end
(2) deleted text begin "fraudulent driver's license or identification card" means a document purporting
to be a driver's license or identification card, but that is not authentic; anddeleted text end new text begin "fraudulent
identification document" means a document purporting to be an identification document,
but that is not authentic; and
new text end
(3) "sell" means to sell, barter, deliver, exchange, distribute, or dispose of to another.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2004, section 609.652, subdivision 2, is amended to read:
Subd. 2.
Criminal acts.
(a) A person who does any of the following for
consideration and with intent to manufacture, sell, issue, publish, or pass more than one
fraudulentdeleted text begin driver's license ordeleted text end identification deleted text begin carddeleted text end new text begin documentnew text end or to cause or permit any of the
items listed in clauses (1) to (5) to be used in forging or making more than one false or
counterfeit deleted text begin driver's license ordeleted text end identification deleted text begin carddeleted text end new text begin documentnew text end is guilty of a crime:
(1) has in control, custody, or possession any plate, block, press, stone, digital image,
computer software program, encoding equipment, computer optical scanning equipment,
or digital photo printer, or other implement, or any part of such an item, designed to assist
in making a fraudulent deleted text begin driver's license ordeleted text end identification deleted text begin carddeleted text end new text begin documentnew text end ;
(2) engraves, makes, or amends, or begins to engrave, make, or amend, any plate,
block, press, stone, or other implement for the purpose of producing a fraudulent deleted text begin driver's
license ordeleted text end identification deleted text begin carddeleted text end new text begin documentnew text end ;
(3) uses a photocopier, digital camera, photographic image, or computer software to
generate a fraudulent deleted text begin driver's license or deleted text end identification deleted text begin carddeleted text end new text begin documentnew text end ;
(4) has in control, custody, or possession or makes or provides paper or other
material adapted and designed for the making of a fraudulent deleted text begin driver's license ordeleted text end
identification deleted text begin carddeleted text end new text begin documentnew text end ; or
(5) prints, photographs, or in any manner makes or executes an engraved photograph,
print, or impression purporting to be deleted text begin a driver's license ordeleted text end new text begin an new text end identification deleted text begin carddeleted text end new text begin documentnew text end .
(b) Notwithstanding section 171.22, a person who manufacturers or possesses
more than one fraudulent deleted text begin driver's license ordeleted text end identification deleted text begin carddeleted text end new text begin document new text end with intent to
sell is guilty of a crime.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2004, section 609.652, subdivision 3, is amended to read:
Subd. 3.
Penalties.
new text begin (a) new text end A person who commits any act described in subdivision 2
is guilty of a deleted text begin gross misdemeanordeleted text end new 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 $10,000, or bothnew text end . A person
convicted of a second or subsequent offense of this subdivision may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
deleted text begin $10,000deleted text end new text begin $20,000new text end , or both.
new text begin
(b) If the crime committed in subdivision 2 involves more than three identities, the
statutory maximum for the crime is five years longer than the statutory maximum for the
underlying crime.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
ARTICLE 11
COMPUTER CRIMES
Section 1.
Minnesota Statutes 2004, section 609.87, subdivision 1, is amended to read:
Subdivision 1.
Applicability.
For purposes of sections 609.87 to deleted text begin 609.89,deleted text end new text begin 609.891new text end
and deleted text begin section 609.891deleted text end new text begin 609.8912 to 609.8913new text end , the terms defined in this section have the
meanings given them.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2004, section 609.87, subdivision 11, is amended to read:
Subd. 11.
Computer security system.
"Computer security system" means a
software program or computer device thatdeleted text begin :
deleted text end
deleted text begin (1)deleted text end is intended to protect the confidentiality and secrecy of data and information
stored in or accessible through the computer systemdeleted text begin ; and
deleted text end
deleted text begin (2) displays a conspicuous warning to a user that the user is entering a secure system
or requires a person seeking access to knowingly respond by use of an authorized code to
the program or device in order to gain accessdeleted text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Encryption. new text end
new text begin
"Encryption" means any protective or disruptive measure,
including but not limited to, cryptography, enciphering, or encoding that:
new text end
new text begin
(1) causes or makes any data, information, image, program, signal, or sound
unintelligible or unusable; or
new text end
new text begin
(2) prevents, impedes, delays, or disrupts access to any data, information, image,
program, signal, or sound.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2004, section 609.87, is amended by adding a subdivision
to read:
new text begin Subd. 14. new text end
new text begin Personal data. new text end
new text begin
"Personal data" means any computer property or
computer program which contains records of the employment, salary, credit, or other
financial or personal information relating to another person.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2004, section 609.891, subdivision 1, is amended to read:
Subdivision 1.
Crime.
A person is guilty of unauthorized computer access if the
person intentionally and without deleted text begin authoritydeleted text end new text begin authorization new text end attempts to or does penetrate a
computer security system.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2004, section 609.891, subdivision 3, is amended to read:
Subd. 3.
Gross misdemeanor.
(a) A person who violates subdivision 1 in a manner
that creates a risk to public health and safety is guilty of a gross misdemeanor and may
be sentenced to imprisonment for a term of not more than one year or to payment of
a fine of not more than $3,000, or both.
(b) A person who violates subdivision 1 in a manner that compromises the security
of data that are protected under section 609.52, subdivision 2, clause (8), or are not public
data as defined in section 13.02, subdivision 8a, is guilty of a gross misdemeanor and may
be sentenced under paragraph (a).
(c) new text begin A person who violates subdivision 1 and gains access to personal data is guilty of
a gross misdemeanor and may be sentenced under paragraph (a).
new text end
new text begin (d) new text end A person who is convicted of a second or subsequent misdemeanor violation of
subdivision 1 within five years is guilty of a gross misdemeanor and may be sentenced
under paragraph (a).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
new text begin
[609.8912] CRIMINAL USE OF ENCRYPTION.
new text end
new text begin Subdivision 1. new text end
new text begin Crime. new text end
new text begin
Whoever intentionally uses or attempts to use encryption to
do any of the following is guilty of criminal use of encryption and may be sentenced as
provided in subdivision 2:
new text end
new text begin
(1) to commit, further, or facilitate conduct constituting a crime;
new text end
new text begin
(2) to conceal the commission of any crime;
new text end
new text begin
(3) to conceal or protect the identity of a person who has committed any crime; or
new text end
new text begin
(4) to prevent, impede, delay, or disrupt the normal operation or use of another's
computer, computer program, or computer system.
new text end
new text begin Subd. 2. new text end
new text begin Penalties. new text end
new text begin
(a) A person who violates subdivision 1 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, if:
new text end
new text begin
(1) the crime referenced in subdivision 1, clause (1), (2), or (3), is a felony; or
new text end
new text begin
(2) the person has two or more prior convictions for an offense under this section,
section 609.88, 609.89, 609.891, or 609.8913, or similar laws of other states, the United
States, the District of Columbia, tribal lands, and United States territories.
new text end
new text begin
(b) A person who violates subdivision 1, under circumstances not described in
paragraph (a), is guilty of a gross misdemeanor and may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than $3,000, or both.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
Sec. 8.
new text begin
[609.8913] FACILITATING ACCESS TO A COMPUTER SECURITY
SYSTEM.
new text end
new text begin
A person is guilty of a gross misdemeanor if the person knows or has reason to
know that by facilitating access to a computer security system the person is aiding
another who intends to commit a crime and in fact commits a crime. For purposes of this
section, "facilitating access" includes the intentional disclosure of a computer password,
identifying code, personal information number, or other confidential information about a
computer security system which provides a person with the means or opportunity for the
commission of a crime.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2006, and applies to crimes
committed on or after that date.
new text end
ARTICLE 12
IMMIGRATION EMPLOYMENT VIOLATIONS
Section 1.
new text begin
[181.981] EMPLOYER VIOLATION OF FEDERAL IMMIGRATION
LAW.
new text end
new text begin Subdivision 1. new text end
new text begin Sanctions against a licensed entity. new text end
new text begin
A state agency that licenses
a Minnesota employer may impose a fine or penalty authorized under the licensing
law if the employer has been found to have knowingly hired an illegal immigrant for
employment in Minnesota. In taking action against the employer under this section, the
agency shall use the existing laws and procedures that govern the agency's authority to
take action against the employer. The commissioner of the Department of Labor and
Industry shall coordinate the enforcement of this section by state agencies. The penalty
under this section is as follows:
new text end
new text begin
(1) for a first occurrence, $250 to $2,000;
new text end
new text begin
(2) for a second occurrence, $2,000 to $3,000; and
new text end
new text begin
(3) for a third or subsequent occurrence, $3,000 to $5,000.
new text end
new text begin Subd. 2. new text end
new text begin Violations established. new text end
new text begin
This section applies to cases in which an
employer has been found to have knowingly hired an illegal immigrant for employment
in Minnesota pursuant to:
new text end
new text begin
(1) a final order or fine issued by the United States Immigration and Customs
Enforcement Office;
new text end
new text begin
(2) a final order following a hearing conducted by the Office of the Chief
Administrative Hearing Officer, Executive Office for Immigration Review, United States
Department of Justice; or
new text end
new text begin
(3) a criminal conviction or settlement.
new text end
new text begin Subd. 3. new text end
new text begin Definitions. new text end
new text begin
For purposes of this section, the following definitions apply.
new text end
new text begin
(a) "Employer" means any person having one or more employees in Minnesota.
new text end
new text begin
(b) "License" includes a certification, registration, permit, or other authorization
required for a business or employer to operate in Minnesota.
new text end
new text begin
(c) "Person" includes any individual, limited liability company, corporation,
partnership, incorporated or unincorporated association, sole proprietorship, joint stock
company, or any other legal or commercial entity.
new text end
new text begin
(d) "State agency" means the state, and any office, officer, department, division,
bureau, board, commissioner, authority, district, or agency of the state, including the
University of Minnesota and the Minnesota State Colleges and Universities system.
new text end
new text begin Subd. 4. new text end
new text begin Exception. new text end
new text begin
The commissioner may not fine an employer who is actively
cooperating with and using the United States Immigration and Customs Enforcement
Agency to screen workers.
new text end