HF 3017

1st Unofficial Engrossment - 88th Legislature (2013 - 2014) Posted on 04/10/2014 07:44pm

1.1A bill for an act

1.2relating to public safety; amending and repealing outdated and redundant
1.3statutes; requiring a report on collection of data on victims of domestic abuse;
1.4amending Minnesota Statutes 2012, sections 13.823; 15.0591, subdivision 2;
1.5299C.05; 299C.111; 403.025, subdivision 7; 403.05, subdivision 1; 403.08,
1.6subdivision 10; 518B.01, subdivision 21; 611A.0311, subdivision 2; 611A.37,
1.7subdivision 5; 611A.76; 629.342, subdivision 2; Minnesota Statutes 2013
1.8Supplement, sections 13.82, subdivision 5; 403.11, subdivision 1; 611A.02,
1.9subdivisions 2, 3; proposing coding for new law in Minnesota Statutes, chapter
1.10611A; repealing Minnesota Statutes 2012, sections 237.83, subdivision 4;
1.11299A.63; 299C.01, subdivision 1; 299C.04; 299C.145, subdivision 4; 299C.19;
1.12299C.20; 299C.215; 299C.30; 299C.31; 299C.32; 299C.33; 299C.34; 299C.49;
1.13299F.01, subdivision 1; 299F.04, subdivision 3a; 299F.37; 403.02, subdivision
1.1415; 611A.02, subdivision 1; 611A.0311, subdivision 3; 611A.21; 611A.22;
1.15611A.221; 611A.36; 611A.41; 611A.43; 611A.78.
1.16BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.17ARTICLE 1

1.18OFFICE OF JUSTICE PROGRAMS

1.19    Section 1. Minnesota Statutes 2013 Supplement, section 13.82, subdivision 5, is
1.20amended to read:
1.21    Subd. 5. Domestic abuse data. The written police report required by section
1.22629.341, subdivision 4 , of an alleged incident described in section 629.341, subdivision
1.231 , and arrest data, request for service data, and response or incident data described in
1.24subdivision 2, 3, or 6 that arise out of this type of incident or out of an alleged violation of
1.25an order for protection must be released upon request at no cost to the victim of domestic
1.26abuse, the victim's attorney, or an organization designated by the Office of Justice
1.27Programs in the Department of Public Safety as providing services to victims of domestic
1.28abuse. The executive director or the commissioner of the appropriate state agency shall
2.1develop written criteria for this designation in consultation with the Advisory Council
2.2on Battered Women and Domestic Abuse.

2.3    Sec. 2. Minnesota Statutes 2012, section 13.823, is amended to read:
2.413.823 DOMESTIC ABUSE OR SEXUAL ATTACK PROGRAMS.
2.5    Subdivision 1. Definitions. For purposes of this section:
2.6(1) "domestic abuse" has the meaning given in section 518B.01, subdivision 2; and
2.7(2) "sexual attack assault" has the meaning given in section 611A.21 611A.211,
2.8subdivision 2 4.
2.9    Subd. 2. Provisions not applicable. Except as otherwise provided in this
2.10subdivision, a program that provides shelter or support services to victims of domestic
2.11abuse or a sexual attack assault and whose employees or volunteers are not under the
2.12direct supervision of a government entity is not subject to this chapter, except that
2.13the program shall comply with sections 13.822, 611A.32, subdivision 5, 611A.371,
2.14subdivision 3 , and 611A.46.

2.15    Sec. 3. Minnesota Statutes 2012, section 15.0591, subdivision 2, is amended to read:
2.16    Subd. 2. Bodies affected. A member meeting the qualifications in subdivision 1
2.17must be appointed to the following boards, commissions, advisory councils, task forces,
2.18or committees:
2.19(1) Advisory Council on Battered Women and Domestic Abuse;
2.20(2) (1) Advisory Task Force on the Use of State Facilities;
2.21(3) (2) Alcohol and Other Drug Abuse Advisory Council;
2.22(4) (3) Board of Examiners for Nursing Home Administrators;
2.23(5) (4) Board on Aging;
2.24(6) (5) Chiropractic Examiners Board;
2.25(7) (6) Council on Disability;
2.26(8) (7) Council on Affairs of Chicano/Latino People;
2.27(9) (8) Council on Black Minnesotans;
2.28(10) (9) Dentistry Board;
2.29(11) (10) Minnesota Office of Higher Education;
2.30(12) (11) Housing Finance Agency;
2.31(13) (12) Indian Advisory Council on Chemical Dependency;
2.32(14) (13) Medical Practice Board;
2.33(15) (14) Minnesota State Arts Board;
2.34(16) (15) Nursing Board;
3.1(17) (16) Optometry Board;
3.2(18) (17) Pharmacy Board;
3.3(19) (18) Board of Physical Therapy;
3.4(20) (19) Podiatry Board;
3.5(21) (20) Psychology Board.

3.6    Sec. 4. Minnesota Statutes 2012, section 518B.01, subdivision 21, is amended to read:
3.7    Subd. 21. Order for protection forms. The state court administrator, in
3.8consultation with the Advisory Council on Battered Women and Domestic Abuse, city and
3.9county attorneys, and legal advocates who work with victims, shall develop a update the
3.10 uniform order for protection form that will facilitate facilitates the consistent enforcement
3.11of orders for protection throughout the state.

3.12    Sec. 5. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 2, is
3.13amended to read:
3.14    Subd. 2. Victims' rights. (a) The Office of Justice Programs in the Department of
3.15Public Safety shall develop update the two model notices of the rights of crime victims.
3.16(b) The initial notice of the rights of crime victims must be distributed by a peace
3.17officer to each victim, as defined in section 611A.01, at the time of initial contact with the
3.18victim. The notice must inform a victim of:
3.19(1) the victim's right to apply for reparations to cover losses, not including property
3.20losses, resulting from a violent crime and the telephone number to call to request an
3.21application;
3.22(2) the victim's right to request that the law enforcement agency withhold public
3.23access to data revealing the victim's identity under section 13.82, subdivision 17,
3.24paragraph (d);
3.25(3) the additional rights of domestic abuse victims as described in section 629.341;
3.26(4) information on the nearest crime victim assistance program or resource;
3.27(5) the victim's rights, if an offender is charged, to be informed of and participate in
3.28the prosecution process, including the right to request restitution; and
3.29(6) in homicide cases, information on rights and procedures available under sections
3.30524.2-803 , 524.3-614, and 524.3-615.
3.31(c) A supplemental notice of the rights of crime victims must be distributed by the
3.32city or county attorney's office to each victim, within a reasonable time after the offender
3.33is charged or petitioned. This notice must inform a victim of all the rights of crime victims
3.34under this chapter.

4.1    Sec. 6. Minnesota Statutes 2013 Supplement, section 611A.02, subdivision 3, is
4.2amended to read:
4.3    Subd. 3. Notice of rights of victims in juvenile court. (a) The Office of Justice
4.4Programs in the Department of Public Safety shall develop a update the notice of the rights
4.5of victims in juvenile court that explains:
4.6(1) the rights of victims in the juvenile court;
4.7(2) when a juvenile matter is public;
4.8(3) the procedures to be followed in juvenile court proceedings; and
4.9(4) other relevant matters.
4.10(b) The juvenile court shall distribute a copy of the notice to each victim of juvenile
4.11crime who attends a juvenile court proceeding, along with a notice of services for victims
4.12available in that judicial district.

4.13    Sec. 7. Minnesota Statutes 2012, section 611A.0311, subdivision 2, is amended to read:
4.14    Subd. 2. Contents of plan. Each county and city attorney shall develop and
4.15implement a written plan to expedite and improve the efficiency and just disposition of
4.16domestic abuse cases brought to the prosecuting authority. Domestic abuse advocates,
4.17law enforcement officials, and other interested members of the public must have an
4.18opportunity to assist in the development or adaptation of the plans in each jurisdiction.
4.19The commissioner shall make the model plan and related training and technical assistance
4.20available to all city and county attorneys. All plans must state goals and contain policies
4.21and procedures to address the following matters:
4.22(1) early assignment of a trial prosecutor who has the responsibility of handling
4.23the domestic abuse case through disposition, whenever feasible, or, where applicable,
4.24probation revocation; and early contact between the trial prosecutor and the victim;
4.25(2) procedures to facilitate the earliest possible contact between the prosecutor's
4.26office and the victim for the purpose of acquainting the victim with the criminal justice
4.27process, the use of subpoenas, the victim's role as a witness in the prosecution, and the
4.28domestic abuse or victim services that are available;
4.29(3) procedures to coordinate the trial prosecutor's efforts with those of the domestic
4.30abuse advocate or victim advocate, where available, and to facilitate the early provision of
4.31advocacy services to the victim;
4.32(4) procedures to encourage the prosecution of all domestic abuse cases where a
4.33crime can be proven;
4.34(5) methods that will be used to identify, gather, and preserve evidence in addition to
4.35the victim's in-court testimony that will enhance the ability to prosecute a case when a
5.1victim is reluctant to assist, including but not limited to physical evidence of the victim's
5.2injury, evidence relating to the scene of the crime, eyewitness testimony, and statements of
5.3the victim made at or near the time of the injury;
5.4(6) procedures for educating local law enforcement agencies about the contents of
5.5the plan and their role in assisting with its implementation;
5.6(7) the use for subpoenas to victims and witnesses, where appropriate;
5.7(8) procedures for annual review of the plan to evaluate whether it is meeting its
5.8goals effectively and whether improvements are needed; and
5.9(9) a timetable for implementation.

5.10    Sec. 8. [611A.211] PROGRAMS FOR VICTIMS OF SEXUAL ASSAULT.
5.11    Subdivision 1. Grants. The commissioner of public safety shall award grants to
5.12programs which provide support services to victims of sexual assault. The commissioner
5.13shall also award grants for training, technical assistance, and for the development and
5.14implementation of education programs to increase public awareness of the causes of
5.15sexual assault, the solutions to preventing and ending sexual assault, and the problems
5.16faced by sexual assault victims.
5.17    Subd. 2. Applications. Any public or private nonprofit agency may apply to the
5.18commissioner for a grant to provide services to victims of sexual assault. The application
5.19shall be submitted in a form approved by the commissioner.
5.20    Subd. 3. Duties of grantees. Every public or private nonprofit agency which
5.21receives a grant to provide services to victims of sexual assault shall comply with rules of
5.22the commissioner related to the administration of the grant programs.
5.23    Subd. 4. Sexual assault. For the purposes of this section, "sexual assault" means
5.24any violation of sections 609.342 to 609.3453.

5.25    Sec. 9. Minnesota Statutes 2012, section 611A.37, subdivision 5, is amended to read:
5.26    Subd. 5. Designated shelter facility. "Designated shelter facility" means a facility
5.27that has applied to, and been approved by, the center Office of Justice Programs to provide
5.28shelter and services to battered women and their children.

5.29    Sec. 10. [611A.45] PROGRAMS FOR VICTIMS OF CRIME.
5.30    Subdivision 1. Grants. The commissioner of public safety shall award grants to
5.31programs which provide support services to victims of crime.
6.1    Subd. 2. Applications. Any public or private nonprofit agency may apply to the
6.2commissioner for a grant to provide services to victims of crime. The application shall be
6.3submitted in a form approved by the commissioner.
6.4    Subd. 3. Duties of grantees. Every public or private nonprofit agency which
6.5receives a grant to provide services to victims of crime shall comply with rules of the
6.6commissioner related to the administration of the grant programs.

6.7    Sec. 11. Minnesota Statutes 2012, section 611A.76, is amended to read:
6.8611A.76 CRIME VICTIM SERVICES TELEPHONE LINE.
6.9The commissioner of public safety shall operate fund at least one statewide toll-free
6.1024-hour telephone line for the purpose of providing crime victims with referrals for victim
6.11services and resources.

6.12    Sec. 12. Minnesota Statutes 2012, section 629.342, subdivision 2, is amended to read:
6.13    Subd. 2. Policies required. (a) By July 1, 1993, Each law enforcement agency
6.14shall develop, adopt, and implement a written policy regarding arrest procedures for
6.15domestic abuse incidents. In the development of a policy, each law enforcement agency
6.16shall consult with domestic abuse advocates, community organizations, and other law
6.17enforcement agencies with expertise in the recognition and handling of domestic abuse
6.18incidents. The policy shall discourage dual arrests, include consideration of whether
6.19one of the parties acted in self defense, and provide guidance to officers concerning
6.20instances in which officers should remain at the scene of a domestic abuse incident until
6.21the likelihood of further imminent violence has been eliminated.
6.22(b) The Bureau of Criminal Apprehension, and the Board of Peace Officer Standards
6.23and Training, and the Advisory Council on Battered Women and Domestic Abuse
6.24appointed by the commissioner of corrections under section 611A.34, in consultation with
6.25the Minnesota Chiefs of Police Association, the Minnesota Sheriffs Association, and the
6.26Minnesota Police and Peace Officers Association, and a domestic violence statewide
6.27coalition shall develop a update the written model policy regarding arrest procedures
6.28for domestic abuse incidents for use by local law enforcement agencies. Each law
6.29enforcement agency may adopt the model policy in lieu of developing its own policy
6.30under the provisions of paragraph (a).
6.31(c) Local law enforcement agencies that have already developed a written policy
6.32regarding arrest procedures for domestic abuse incidents before July 1, 1992, are not
6.33required to develop a new policy but must review their policies and consider the written
6.34model policy developed under paragraph (b).

7.1    Sec. 13. DATA COLLECTION; DOMESTIC ABUSE.
7.2The commissioner of public safety, in consultation with the Minnesota Peace Officer
7.3Standards and Training Board, and representatives from state, county, and municipal
7.4law enforcement agencies, prosecutors' offices, and programs providing services to
7.5domestic abuse victims, shall develop recommendations for the collection and reporting
7.6of comprehensive, statewide data on victims of domestic abuse as defined in Minnesota
7.7Statutes, section 518B.01, subdivision 2, including data related to law enforcement
7.8response, arrests, and prosecution. These recommendations shall be submitted to
7.9the chairs and ranking minority members of the senate and house of representatives
7.10committees having jurisdiction over data practices by January 15, 2016.

7.11    Sec. 14. REVISOR'S INSTRUCTION.
7.12In the next and subsequent editions of Minnesota Statutes, the revisor of statutes shall
7.13change the headnote of section 13.823 from "DOMESTIC ABUSE OR SEXUAL ATTACK
7.14PROGRAMS" to "DOMESTIC ABUSE OR SEXUAL ASSAULT PROGRAMS."

7.15    Sec. 15. REPEALER.
7.16Minnesota Statutes 2012, sections 299A.63; 611A.02, subdivision 1; 611A.0311,
7.17subdivision 3; 611A.21; 611A.22; 611A.221; 611A.36; 611A.41; 611A.43; and 611A.78,
7.18 are repealed.

7.19ARTICLE 2

7.20EMERGENCY COMMUNICATION NETWORKS

7.21    Section 1. Minnesota Statutes 2012, section 403.025, subdivision 7, is amended to read:
7.22    Subd. 7. Contractual requirements. (a) The state shall contract with the county
7.23or other governmental agencies operating public safety answering points and with the
7.24appropriate wire-line telecommunications service providers or other entities determined by
7.25the commissioner to be capable of providing effective and efficient components of the 911
7.26system for the operation, maintenance, enhancement, and expansion of the 911 system.
7.27(b) The state shall contract with the appropriate wireless telecommunications service
7.28providers for maintaining, enhancing, and expanding the 911 system.
7.29(c) (b) The contract language or subsequent amendments to the contract must
7.30include a description of the services to be furnished to the county or other governmental
7.31agencies operating public safety answering points. The contract language or subsequent
7.32amendments must include the terms of compensation based on the effective tariff or price
7.33list filed with the Public Utilities Commission or the prices agreed to by the parties.
8.1(d) (c) The contract language or subsequent amendments to contracts between the
8.2parties must contain a provision for resolving disputes.

8.3    Sec. 2. Minnesota Statutes 2012, section 403.05, subdivision 1, is amended to read:
8.4    Subdivision 1. Operate and maintain. Each county or any other governmental
8.5agency shall operate and maintain its 911 system to meet the requirements of governmental
8.6agencies whose services are available through the 911 system and to permit future
8.7expansion or enhancement of the system. Each county or any other governmental agency
8.8shall ensure that a 911 emergency call made with a wireless access device is automatically
8.9connected to and answered by the appropriate public safety answering point.

8.10    Sec. 3. Minnesota Statutes 2012, section 403.08, subdivision 10, is amended to read:
8.11    Subd. 10. Plan integration. Counties shall incorporate the statewide design when
8.12modifying county 911 plans to provide for integrating wireless 911 service into existing
8.13county 911 systems. The commissioner shall contract with the involved wireless service
8.14providers and 911 emergency telecommunications service providers to integrate cellular
8.15and other wireless services into existing 911 systems where feasible.

8.16    Sec. 4. Minnesota Statutes 2013 Supplement, section 403.11, subdivision 1, is
8.17amended to read:
8.18    Subdivision 1. Emergency telecommunications service fee; account. (a) Each
8.19customer of a wireless or wire-line switched or packet-based telecommunications service
8.20provider connected to the public switched telephone network that furnishes service capable
8.21of originating a 911 emergency telephone call is assessed a fee based upon the number
8.22of wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
8.23maintenance and related improvements for trunking and central office switching equipment
8.24for 911 emergency telecommunications service, to offset administrative and staffing costs
8.25of the commissioner related to managing the 911 emergency telecommunications service
8.26program, to make distributions provided for in section 403.113, and to offset the costs,
8.27including administrative and staffing costs, incurred by the State Patrol Division of the
8.28Department of Public Safety in handling 911 emergency calls made from wireless phones.
8.29    (b) Money remaining in the 911 emergency telecommunications service account
8.30after all other obligations are paid must not cancel and is carried forward to subsequent
8.31years and may be appropriated from time to time to the commissioner to provide financial
8.32assistance to counties for the improvement of local emergency telecommunications
8.33services. The improvements may include providing access to 911 service for
9.1telecommunications service subscribers currently without access and upgrading existing
9.2911 service to include automatic number identification, local location identification,
9.3automatic location identification, and other improvements specified in revised county
9.4911 plans approved by the commissioner.
9.5    (c) The fee may not be less than eight cents nor more than 65 cents a month until
9.6June 30, 2008, not less than eight cents nor more than 75 cents a month until June 30,
9.72009, not less than eight cents nor more than 85 cents a month until June 30, 2010, and
9.8not less than eight cents nor more than 95 cents a month on or after July 1, 2010, for
9.9each customer access line or other basic access service, including trunk equivalents as
9.10designated by the Public Utilities Commission for access charge purposes and including
9.11wireless telecommunications services. With the approval of the commissioner of
9.12management and budget, the commissioner of public safety shall establish the amount of
9.13the fee within the limits specified and inform the companies and carriers of the amount to
9.14be collected. When the revenue bonds authorized under section 403.27, subdivision 1,
9.15have been fully paid or defeased, the commissioner shall reduce the fee to reflect that debt
9.16service on the bonds is no longer needed. The commissioner shall provide companies and
9.17carriers a minimum of 45 days' notice of each fee change. The fee must be the same for all
9.18customers, except that the fee imposed under this subdivision does not apply to prepaid
9.19wireless telecommunications service, which is instead subject to the fee imposed under
9.20section 403.161, subdivision 1, paragraph (a).
9.21    (d) The fee must be collected by each wireless or wire-line telecommunications
9.22service provider subject to the fee. Fees are payable to and must be submitted to the
9.23commissioner monthly before the 25th of each month following the month of collection,
9.24except that fees may be submitted quarterly if less than $250 a month is due, or annually if
9.25less than $25 a month is due. Receipts must be deposited in the state treasury and credited
9.26to a 911 emergency telecommunications service account in the special revenue fund. The
9.27money in the account may only be used for 911 telecommunications services.
9.28    (e) This subdivision does not apply to customers of interexchange carriers.
9.29    (f) The installation and recurring charges for integrating wireless 911 calls into
9.30enhanced 911 systems are eligible for payment by the commissioner if the 911 service
9.31provider is included in the statewide design plan and the charges are made pursuant to
9.32contract.
9.33    (g) (e) Competitive local exchanges carriers holding certificates of authority from
9.34the Public Utilities Commission are eligible to receive payment for recurring 911 services.

9.35    Sec. 5. REPEALER.
10.1Minnesota Statutes 2012, section 403.02, subdivision 15, is repealed.

10.2ARTICLE 3

10.3STATE FIRE MARSHAL

10.4    Section 1. REPEALER.
10.5Minnesota Statutes 2012, sections 299F.01, subdivision 1; 299F.04, subdivision 3a;
10.6and 299F.37, are repealed.

10.7ARTICLE 4

10.8BUREAU OF CRIMINAL APPREHENSION

10.9    Section 1. Minnesota Statutes 2012, section 299C.05, is amended to read:
10.10299C.05 DIVISION OF CRIMINAL STATISTICS.
10.11There is hereby established within the bureau a Division of Criminal Statistics, and
10.12the superintendent, within the limits of membership herein prescribed, shall appoint a
10.13qualified statistician and one assistant to be in charge thereof. It shall be the duty of
10.14this division to collect, and preserve as a record of the bureau, information concerning
10.15the number and nature of offenses known to have been committed in the state, of the
10.16legal steps taken in connection therewith from the inception of the complaint to the final
10.17discharge of the defendant, and such other information as may be useful in the study
10.18of crime and the administration of justice. The information so collected and preserved
10.19shall include such data as may be requested by the United States Department of Justice,
10.20at Washington, under its national system of crime reporting. To the extent possible, the
10.21superintendent must utilize a nationally recognized system or standard approved by the
10.22Federal Bureau of Investigation to collect and preserve crime data.

10.23    Sec. 2. Minnesota Statutes 2012, section 299C.111, is amended to read:
10.24299C.111 SUSPENSE FILE REPORTING.
10.25(a) By June 1 and December 1 of each year, the superintendent shall:
10.26(1) provide an entity or individual having responsibility regarding identification
10.27data under section 299C.10 and the Criminal and Juvenile Justice Information Policy
10.28Group with summary data on the number of disposition records pertaining to the entity or
10.29individual that have not been linked to an arrest record; and
11.1(2) provide the Criminal and Juvenile Justice Information Policy Group with the
11.2number of identification records not entered on the automated fingerprint identification
11.3system and the criminal history files.
11.4(b) The superintendent shall immediately notify the appropriate entity or individual
11.5when a disposition record is received that cannot be linked to an arrest record.

11.6    Sec. 3. REPEALER.
11.7Minnesota Statutes 2012, sections 237.83, subdivision 4; 299C.01, subdivision 1;
11.8299C.04; 299C.145, subdivision 4; 299C.19; 299C.20; 299C.215; 299C.30; 299C.31;
11.9299C.32; 299C.33; 299C.34; and 299C.49, are repealed.

11.10ARTICLE 5

11.11REVISOR'S INSTRUCTION

11.12    Section 1. REVISOR'S INSTRUCTION.
11.13The revisor of statutes, in consultation with the Department of Public Safety, shall
11.14prepare draft legislation showing technical and other necessary changes to Minnesota
11.15Statutes resulting from the repealers in articles 1, 2, 3, and 4, and submit it to the chairs
11.16and ranking minority members of the house of representatives and senate committees and
11.17divisions with jurisdiction over public safety and criminal justice by January 1, 2015.