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Minnesota Legislature

Office of the Revisor of Statutes

HF 3017

3rd Engrossment - 88th Legislature (2013 - 2014) Posted on 05/05/2014 05:04pm

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

Current Version - 3rd Engrossment

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A bill for an act
relating to public safety; amending and repealing outdated and redundant
statutes; requiring a report on collection of data on victims of domestic abuse;
amending Minnesota Statutes 2012, sections 13.823; 15.0591, subdivision 2;
299C.05; 299C.111; 403.025, subdivision 7; 403.05, subdivision 1; 403.08,
subdivision 10; 518B.01, subdivision 21; 611A.0311, subdivision 2; 611A.37,
subdivision 5; 611A.76; 629.342, subdivision 2; Minnesota Statutes 2013
Supplement, sections 13.82, subdivision 5; 403.11, subdivision 1; 611A.02,
subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter
611A; repealing Minnesota Statutes 2012, sections 237.83, subdivision 4;
299A.63; 299C.01, subdivision 1; 299C.04; 299C.145, subdivision 4; 299C.19;
299C.20; 299C.215; 299C.30; 299C.31; 299C.32; 299C.33; 299C.34; 299C.49;
299F.01, subdivision 1; 299F.04, subdivision 3a; 299F.37; 403.02, subdivision
15; 611A.02, subdivision 1; 611A.0311, subdivision 3; 611A.21; 611A.22;
611A.221; 611A.36; 611A.41; 611A.43; 611A.78.

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

ARTICLE 1

OFFICE OF JUSTICE PROGRAMS

Section 1.

Minnesota Statutes 2013 Supplement, section 13.82, subdivision 5, is
amended to read:


Subd. 5.

Domestic abuse data.

The written police report required by section
629.341, subdivision 4, of an alleged incident described in section 629.341, subdivision
1
, and arrest data, request for service data, and response or incident data described in
subdivision 2, 3, or 6 that arise out of this type of incident or out of an alleged violation of
an order for protection must be released upon request at no cost to the victim of domestic
abuse, the victim's attorney, or an organization designated by the Office of Justice
Programs in the Department of Public Safety as providing services to victims of domestic
abuse. The executive director or the commissioner of the appropriate state agency shall
develop written criteria for this designation deleted text beginin consultation with the Advisory Council
on Battered Women and Domestic Abuse
deleted text end.

Sec. 2.

Minnesota Statutes 2012, section 13.823, is amended to read:


13.823 DOMESTIC ABUSE OR SEXUAL ATTACK PROGRAMS.

Subdivision 1.

Definitions.

For purposes of this section:

(1) "domestic abuse" has the meaning given in section 518B.01, subdivision 2; and

(2) "sexual deleted text beginattackdeleted text endnew text begin assaultnew text end" has the meaning given in section deleted text begin611A.21deleted text endnew text begin 611A.211new text end,
subdivision deleted text begin2deleted text endnew text begin 4new text end.

Subd. 2.

Provisions not applicable.

Except as otherwise provided in this
subdivision, a program that provides shelter or support services to victims of domestic
abuse or a sexual deleted text beginattackdeleted text endnew text begin assaultnew text end and whose employees or volunteers are not under the
direct supervision of a government entity is not subject to this chapter, except that
the program shall comply with sections 13.822, 611A.32, subdivision 5, 611A.371,
subdivision 3
, and 611A.46.

Sec. 3.

Minnesota Statutes 2012, section 15.0591, subdivision 2, is amended to read:


Subd. 2.

Bodies affected.

A member meeting the qualifications in subdivision 1
must be appointed to the following boards, commissions, advisory councils, task forces,
or committees:

deleted text begin (1) Advisory Council on Battered Women and Domestic Abuse;
deleted text end

deleted text begin (2)deleted text endnew text begin (1)new text end Advisory Task Force on the Use of State Facilities;

deleted text begin (3)deleted text endnew text begin (2)new text end Alcohol and Other Drug Abuse Advisory Council;

deleted text begin (4)deleted text endnew text begin (3)new text end Board of Examiners for Nursing Home Administrators;

deleted text begin (5)deleted text endnew text begin (4)new text end Board on Aging;

deleted text begin (6)deleted text endnew text begin (5)new text end Chiropractic Examiners Board;

deleted text begin (7)deleted text endnew text begin (6)new text end Council on Disability;

deleted text begin (8)deleted text endnew text begin (7)new text end Council on Affairs of Chicano/Latino People;

deleted text begin (9)deleted text endnew text begin (8)new text end Council on Black Minnesotans;

deleted text begin (10)deleted text endnew text begin (9)new text end Dentistry Board;

deleted text begin (11)deleted text endnew text begin (10)new text end Minnesota Office of Higher Education;

deleted text begin (12)deleted text endnew text begin (11)new text end Housing Finance Agency;

deleted text begin (13)deleted text endnew text begin (12)new text end Indian Advisory Council on Chemical Dependency;

deleted text begin (14)deleted text endnew text begin (13)new text end Medical Practice Board;

deleted text begin (15)deleted text endnew text begin (14)new text end Minnesota State Arts Board;

deleted text begin (16)deleted text endnew text begin (15)new text end Nursing Board;

deleted text begin (17)deleted text endnew text begin (16)new text end Optometry Board;

deleted text begin (18)deleted text endnew text begin (17)new text end Pharmacy Board;

deleted text begin (19)deleted text endnew text begin (18)new text end Board of Physical Therapy;

deleted text begin (20)deleted text endnew text begin (19)new text end Podiatry Board;

deleted text begin (21)deleted text endnew text begin (20)new text end Psychology Board.

Sec. 4.

Minnesota Statutes 2012, section 518B.01, subdivision 21, is amended to read:


Subd. 21.

Order for protection forms.

The state court administrator, in
consultation with deleted text beginthe Advisory Council on Battered Women and Domestic Abuse,deleted text end city and
county attorneysdeleted text begin,deleted text end and legal advocates who work with victims, shall deleted text begindevelop adeleted text endnew text begin update the
new text end uniform order for protection form that deleted text beginwill facilitatedeleted text endnew text begin facilitatesnew text end the consistent enforcement
of orders for protection throughout the state.

Sec. 5.

Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 2, is
amended to read:


Subd. 2.

Victims' rights.

(a) The Office of Justice Programs in the Department of
Public Safety shall deleted text begindevelopdeleted text endnew text begin update thenew text end two model notices of the rights of crime victims.

(b) The initial notice of the rights of crime victims must be distributed by a peace
officer to each victim, as defined in section 611A.01, at the time of initial contact with the
victim. The notice must inform a victim of:

(1) the victim's right to apply for reparations to cover losses, not including property
losses, resulting from a violent crime and the telephone number to call to request an
application;

(2) the victim's right to request that the law enforcement agency withhold public
access to data revealing the victim's identity under section 13.82, subdivision 17,
paragraph (d);

(3) the additional rights of domestic abuse victims as described in section 629.341;

(4) information on the nearest crime victim assistance program or resource;

(5) the victim's rights, if an offender is charged, to be informed of and participate in
the prosecution process, including the right to request restitution; and

(6) in homicide cases, information on rights and procedures available under sections
524.2-803, 524.3-614, and 524.3-615.

(c) A supplemental notice of the rights of crime victims must be distributed by the
city or county attorney's office to each victim, within a reasonable time after the offender
is charged or petitioned. This notice must inform a victim of all the rights of crime victims
under this chapter.

Sec. 6.

Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 3, is
amended to read:


Subd. 3.

Notice of rights of victims in juvenile court.

(a) The Office of Justice
Programs in the Department of Public Safety shall deleted text begindevelop adeleted text endnew text begin update thenew text end notice of the rights
of victims in juvenile court that explains:

(1) the rights of victims in the juvenile court;

(2) when a juvenile matter is public;

(3) the procedures to be followed in juvenile court proceedings; and

(4) other relevant matters.

(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
crime who attends a juvenile court proceeding, along with a notice of services for victims
available in that judicial district.

Sec. 7.

Minnesota Statutes 2012, section 611A.0311, subdivision 2, is amended to read:


Subd. 2.

Contents of plan.

Each county and city attorney shall develop and
implement a written plan to expedite and improve the efficiency and just disposition of
domestic abuse cases brought to the prosecuting authority. Domestic abuse advocates,
law enforcement officials, and other interested members of the public must have an
opportunity to assist in the development or adaptation of the plans in each jurisdiction.
The commissioner shall make the deleted text beginmodeldeleted text endnew text begin plannew text end and related training and technical assistance
available to all city and county attorneys. All plans must state goals and contain policies
and procedures to address the following matters:

(1) early assignment of a trial prosecutor who has the responsibility of handling
the domestic abuse case through disposition, whenever feasible, or, where applicable,
probation revocation; and early contact between the trial prosecutor and the victim;

(2) procedures to facilitate the earliest possible contact between the prosecutor's
office and the victim for the purpose of acquainting the victim with the criminal justice
process, the use of subpoenas, the victim's role as a witness in the prosecution, and the
domestic abuse or victim services that are available;

(3) procedures to coordinate the trial prosecutor's efforts with those of the domestic
abuse advocate or victim advocate, where available, and to facilitate the early provision of
advocacy services to the victim;

(4) procedures to encourage the prosecution of all domestic abuse cases where a
crime can be proven;

(5) methods that will be used to identify, gather, and preserve evidence in addition to
the victim's in-court testimony that will enhance the ability to prosecute a case when a
victim is reluctant to assist, including but not limited to physical evidence of the victim's
injury, evidence relating to the scene of the crime, eyewitness testimony, and statements of
the victim made at or near the time of the injury;

(6) procedures for educating local law enforcement agencies about the contents of
the plan and their role in assisting with its implementation;

(7) the use for subpoenas to victims and witnesses, where appropriate;

(8) procedures for annual review of the plan to evaluate whether it is meeting its
goals effectively and whether improvements are needed; and

(9) a timetable for implementation.

Sec. 8.

new text begin [611A.211] PROGRAMS FOR VICTIMS OF SEXUAL ASSAULT.
new text end

new text begin Subdivision 1. new text end

new text begin Grants. new text end

new text begin The commissioner of public safety shall award grants to
programs which provide support services to victims of sexual assault. The commissioner
shall also award grants for training, technical assistance, and for the development and
implementation of education programs to increase public awareness of the causes of
sexual assault, the solutions to preventing and ending sexual assault, and the problems
faced by sexual assault victims.
new text end

new text begin Subd. 2. new text end

new text begin Applications. new text end

new text begin Any public or private nonprofit agency may apply to the
commissioner for a grant to provide services to victims of sexual assault. The application
shall be submitted in a form approved by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Duties of grantees. new text end

new text begin Every public or private nonprofit agency which
receives a grant to provide services to victims of sexual assault shall comply with rules of
the commissioner related to the administration of the grant programs.
new text end

new text begin Subd. 4. new text end

new text begin Sexual assault. new text end

new text begin For the purposes of this section, "sexual assault" means
any violation of sections 609.342 to 609.3453.
new text end

Sec. 9.

Minnesota Statutes 2012, section 611A.37, subdivision 5, is amended to read:


Subd. 5.

Designated shelter facility.

"Designated shelter facility" means a facility
that has applied to, and been approved by, the deleted text begincenterdeleted text endnew text begin Office of Justice Programsnew text end to provide
shelter and services to battered women and their children.

Sec. 10.

new text begin [611A.45] PROGRAMS FOR VICTIMS OF CRIME.
new text end

new text begin Subdivision 1. new text end

new text begin Grants. new text end

new text begin The commissioner of public safety shall award grants to
programs which provide support services to victims of crime.
new text end

new text begin Subd. 2. new text end

new text begin Applications. new text end

new text begin Any public or private nonprofit agency may apply to the
commissioner for a grant to provide services to victims of crime. The application shall be
submitted in a form approved by the commissioner.
new text end

new text begin Subd. 3. new text end

new text begin Duties of grantees. new text end

new text begin Every public or private nonprofit agency which
receives a grant to provide services to victims of crime shall comply with rules of the
commissioner related to the administration of the grant programs.
new text end

Sec. 11.

Minnesota Statutes 2012, section 611A.76, is amended to read:


611A.76 CRIME VICTIM SERVICES TELEPHONE LINE.

The commissioner of public safety shall deleted text beginoperatedeleted text endnew text begin fundnew text end at least one statewide toll-free
24-hour telephone line for the purpose of providing crime victims with referrals for victim
services and resources.

Sec. 12.

Minnesota Statutes 2012, section 629.342, subdivision 2, is amended to read:


Subd. 2.

Policies required.

(a) deleted text beginBy July 1, 1993,deleted text end Each law enforcement agency
shall develop, adopt, and implement a written policy regarding arrest procedures for
domestic abuse incidents. In the development of a policy, each law enforcement agency
shall consult with domestic abuse advocates, community organizations, and other law
enforcement agencies with expertise in the recognition and handling of domestic abuse
incidents. The policy shall discourage dual arrests, include consideration of whether
one of the parties acted in self defense, and provide guidance to officers concerning
instances in which officers should remain at the scene of a domestic abuse incident until
the likelihood of further imminent violence has been eliminated.

(b) The Bureau of Criminal Apprehensiondeleted text begin,deleted text endnew text begin andnew text end the Board of Peace Officer Standards
and Training, deleted text beginand the Advisory Council on Battered Women and Domestic Abuse
appointed by the commissioner of corrections under section 611A.34,
deleted text end in consultation with
the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association, deleted text beginanddeleted text end the
Minnesota Police and Peace Officers Association,new text begin and a domestic violence statewide
coalition
new text end shall deleted text begindevelop adeleted text endnew text begin update thenew text end written deleted text beginmodeldeleted text end policy regarding arrest procedures
for domestic abuse incidents for use by local law enforcement agencies. Each law
enforcement agency may adopt the model policy in lieu of developing its own policy
under the provisions of paragraph (a).

deleted text begin (c) Local law enforcement agencies that have already developed a written policy
regarding arrest procedures for domestic abuse incidents before July 1, 1992, are not
required to develop a new policy but must review their policies and consider the written
model policy developed under paragraph (b).
deleted text end

Sec. 13. new text beginDATA COLLECTION; DOMESTIC ABUSE.
new text end

new text begin The commissioner of public safety, in consultation with the Minnesota Peace Officer
Standards and Training Board, and representatives from state, county, and municipal
law enforcement agencies, prosecutors' offices, and programs providing services to
domestic abuse victims, shall develop recommendations for the collection and reporting
of comprehensive, statewide data on victims of domestic abuse as defined in Minnesota
Statutes, section 518B.01, subdivision 2, including data related to law enforcement
response, arrests, and prosecution. These recommendations shall be submitted to
the chairs and ranking minority members of the senate and house of representatives
committees having jurisdiction over data practices by January 15, 2016.
new text end

Sec. 14. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall
change the headnote of section 13.823 from "DOMESTIC ABUSE OR SEXUAL ATTACK
PROGRAMS" to "DOMESTIC ABUSE OR SEXUAL ASSAULT PROGRAMS."
new text end

Sec. 15. new text beginREPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 299A.63; 611A.02, subdivision 1; 611A.0311,
subdivision 3; 611A.21; 611A.22; 611A.221; 611A.36; 611A.41; 611A.43; and 611A.78,
new text end new text begin are repealed.
new text end

ARTICLE 2

EMERGENCY COMMUNICATION NETWORKS

Section 1.

Minnesota Statutes 2012, section 403.025, subdivision 7, is amended to read:


Subd. 7.

Contractual requirements.

(a) The state shall contract with the county
or other governmental agencies operating public safety answering points and 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.

deleted text begin (b) The state shall contract with the appropriate wireless telecommunications service
providers for maintaining, enhancing, and expanding the 911 system.
deleted text end

deleted text begin (c)deleted text endnew text begin (b)new text end 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.

deleted text begin (d)deleted text endnew text begin (c)new text end The contract language or subsequent amendments to contracts between the
parties must contain a provision for resolving disputes.

Sec. 2.

Minnesota Statutes 2012, section 403.05, subdivision 1, is amended to read:


Subdivision 1.

Operate and maintain.

Each county or any other governmental
agency shall operate and maintain its 911 system to meet the requirements of governmental
agencies whose services are available through the 911 system and to permit future
expansion or enhancement of the system. deleted text beginEach county or any other governmental agency
shall ensure that a 911 emergency call made with a wireless access device is automatically
connected to and answered by the appropriate public safety answering point.
deleted text end

Sec. 3.

Minnesota Statutes 2012, section 403.08, subdivision 10, is amended to read:


Subd. 10.

Plan integration.

Counties shall incorporate the statewide design when
modifying county 911 plans to provide for integrating wireless 911 service into existing
county 911 systems. deleted text beginThe commissioner shall contract with the involved wireless service
providers and 911 emergency telecommunications service providers to integrate cellular
and other wireless services into existing 911 systems where feasible.
deleted text end

Sec. 4.

Minnesota Statutes 2013 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, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset 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. deleted text beginThe 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.
deleted text end

(c) The fee may not be less than eight cents nor more than 65 cents a month until
June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
2009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
not less than eight cents nor more than 95 cents a month on or after July 1, 2010, 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
management and budget, 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, except that the fee imposed under this subdivision does not apply to prepaid
wireless telecommunications service, which is instead subject to the fee imposed under
section 403.161, subdivision 1, paragraph (a).

(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.

deleted text begin (e) This subdivision does not apply to customers of interexchange carriers.
deleted text end

deleted text begin (f) The installation and recurring charges for integrating wireless 911 calls into
enhanced 911 systems are eligible for payment by the commissioner if the 911 service
provider is included in the statewide design plan and the charges are made pursuant to
contract.
deleted text end

deleted text begin (g)deleted text endnew text begin (e)new text end Competitive local exchanges carriers holding certificates of authority from
the Public Utilities Commission are eligible to receive payment for recurring 911 services.

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 403.02, subdivision 15, new text end new text begin is repealed.
new text end

ARTICLE 3

STATE FIRE MARSHAL

Section 1. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 299F.01, subdivision 1; 299F.04, subdivision 3a;
and 299F.37,
new text end new text begin are repealed.
new text end

ARTICLE 4

BUREAU OF CRIMINAL APPREHENSION

Section 1.

Minnesota Statutes 2012, section 299C.05, is amended to read:


299C.05 DIVISION OF CRIMINAL STATISTICS.

deleted text begin There is hereby established within the bureau a Division of Criminal Statistics, and
the superintendent, within the limits of membership herein prescribed, shall appoint a
qualified statistician and one assistant to be in charge thereof.
deleted text end It shall be the duty of
this division to collect, and preserve as a record of the bureau, information concerning
the number and nature of offenses known to have been committed in the state, of the
legal steps taken in connection therewith from the inception of the complaint to the final
discharge of the defendant, and such other information as may be useful in the study
of crime and the administration of justice. The information so collected and preserved
shall include such data as may be requested by the United States Department of Justice,
at Washington, under its national system of crime reporting. To the extent possible, the
superintendent must utilize a nationally recognized system or standard approved by the
Federal Bureau of Investigation to collect and preserve crime data.

Sec. 2.

Minnesota Statutes 2012, section 299C.111, is amended to read:


299C.111 SUSPENSE FILE REPORTING.

deleted text begin (a) By June 1 and December 1 of each year, the superintendent shall:
deleted text end

deleted text begin (1) provide an entity or individual having responsibility regarding identification
data under section 299C.10 and the Criminal and Juvenile Justice Information Policy
Group with summary data on the number of disposition records pertaining to the entity or
individual that have not been linked to an arrest record; and
deleted text end

deleted text begin (2) provide the Criminal and Juvenile Justice Information Policy Group with the
number of identification records not entered on the automated fingerprint identification
system and the criminal history files.
deleted text end

deleted text begin (b)deleted text end The superintendent shall immediately notify the appropriate entity or individual
when a disposition record is received that cannot be linked to an arrest record.

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, sections 237.83, subdivision 4; 299C.01, subdivision 1;
299C.04; 299C.145, subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31;
299C.32; 299C.33; 299C.34; and 299C.49,
new text end new text begin are repealed.
new text end

ARTICLE 5

REVISOR'S INSTRUCTION

Section 1. new text beginREVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes, in consultation with the Department of Public Safety, shall
prepare draft legislation showing technical and other necessary changes to Minnesota
Statutes resulting from the repealers in articles 1, 2, 3, and 4, and submit it to the chairs
and ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over public safety and criminal justice by January 1, 2015.
new text end