Minnesota Legislature
HF 3308
3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/08/2006 | |
| 1st Engrossment | Posted on 03/23/2006 | |
| 2nd Engrossment | Posted on 03/28/2006 | |
| 3rd Engrossment | Posted on 04/04/2006 |
Current Version - 3rd Engrossment
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A bill for an act
relating to public safety; encouraging legal immigration; establishing a human
trafficking task force; increasing penalties for trafficking crimes; increasing
penalties for unlawful acts relating to drivers' licenses; creating the crime of
fraudulent identification cards; establishing a special crimes unit to implement
an illegal immigration enforcement strategy; requiring law enforcement to
collect citizenship and immigration status data; requiring the Bureau of Criminal
Apprehension to maintain citizenship and immigration data in the bureau's
criminal history database; requiring the Bureau of Criminal Apprehension
superintendent to periodically supply the special crimes unit with statistics
on crimes committed by individuals with illegal alien status; providing tax
credits for immigrants seeking citizenship; providing a fine against a Minnesota
employer found to have knowingly hired an illegal immigrant for employment;
providing criminal penalties for concealing the commission of crimes by use
of encryption, gaining unauthorized access through a computer to financial
personal data, and facilitating access to computer security systems for purposes
of aiding another to commit a crime; establishing an immigration task force
to examine immigration data, determine service needs and crimes committed
by illegal immigrants, and recommend law enforcement's role in enforcing
federal immigration laws, and to make a report; appropriating money; amending
Minnesota Statutes 2004, sections 299C.10, by adding a subdivision; 609.527,
by adding a subdivision; 609.652, subdivisions 1, 2, 3; 609.87, subdivisions 1,
11, by adding subdivisions; 609.891, subdivisions 1, 3; Minnesota Statutes 2005
Supplement, sections 299A.78, subdivisions 1, 2, 3; 299C.10, subdivision 1;
299C.11, subdivision 1; 609.282; 609.283; 609.527, subdivision 1; proposing
coding for new law in Minnesota Statutes, chapters 181; 290; 299A; 299C; 609.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
HUMAN TRAFFICKING TASK FORCE AND PENALTY ENHANCEMENTS
Section 1.
Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 1,
is amended to read:
Subdivision 1.
Definitions.
For purposes of sections 299A.78 to deleted text begin 299A.785deleted text end new text begin
299A.786new text end , 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."
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 2005 Supplement, section 299A.78, subdivision 2, is
amended to read:
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 Minnesotanew text begin ; and
new text end
new text begin (2) analyze collected data to develop a statewide strategy on human traffickingnew text end .
Sec. 3.
Minnesota Statutes 2005 Supplement, section 299A.78, subdivision 3, is
amended to read:
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 sectionsnew text end 299A.785new text begin and 299A.786new 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 sectionsnew text end 299A.785new text begin and 299A.786new text end .
Sec. 4.
new text begin
[299A.786] HUMAN TRAFFICKING TASK FORCE; CREATION;
DUTIES.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
A human trafficking task force is established to
review the report required under section 299A.785 and develop a statewide strategy on
human trafficking.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
The task force shall consist of the following individuals
or their designees:
new text end
new text begin
(1) a representative of the Minnesota County Attorneys 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 Office of the United States Attorney for the district
of Minnesota;
new text end
new text begin
(4) a representative of the Minnesota Sheriffs' Association;
new text end
new text begin
(5) a representative of the Minnesota Chiefs of Police Association;
new text end
new text begin
(6) a representative of the Department of Public Safety's Office of Justice programs;
and
new text end
new text begin
(7) a representative from a nongovernmental organization that provides victim
services.
new text end
new text begin Subd. 3. new text end
new text begin Duties. new text end
new text begin
The task force shall develop an overall strategy to identify, track,
and prosecute individuals and organizations involved in human trafficking. The strategy
must include provisions for providing training to law enforcement, prosecutors, social
services, and other relevant officials in addressing trafficking.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
By February 1, 2007, the commissioner shall report to the chairs
of the senate and house of representatives committees and divisions having jurisdiction
over criminal justice policy and funding a summary of the task force's overall strategy.
new text end
new text begin Subd. 5. new text end
new text begin Expires. new text end
new text begin
Notwithstanding section 15.059, the task force expires 30 days
after submitting its report as referenced in subdivision 4.
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. 5.
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. 6.
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 deleted text begin to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or bothdeleted text end new text begin as provided in subdivision 2new 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, to imprisonment for not more than five years or to payment of
a fine of not more than $10,000, or both.
new text end
new text begin Subd. 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
ARTICLE 2
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 a deleted text begin driver's license ordeleted 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 3
CITIZENSHIP TAX CREDIT
Section 1.
new text begin
[290.0677] CITIZENSHIP CREDIT.
new text end
new text begin Subdivision 1. new text end
new text begin Credit. new text end
new text begin
A taxpayer who is not a dependent as defined in sections 151
and 152 of the Internal Revenue Code is allowed a credit against the tax imposed by this
chapter in the amount of qualified citizenship expenses incurred for a qualified individual.
new text end
new text begin Subd. 2. new text end
new text begin Limitations on credit. new text end
new text begin
The maximum credit allowed a taxpayer and the
taxpayer's spouse under this section is $300 per year. The credit is not allowed if the sum
of a taxpayer's income and taxpayer's spouse's income, as defined in section 290.067,
subdivision 2a, exceeds $30,000. For a taxpayer who is not a Minnesota resident for the
entire year, the maximum credit must be allocated using the percentage calculated in
section 290.06, subdivision 2c, paragraph (e).
new text end
new text begin Subd. 3. new text end
new text begin Qualified individual. new text end
new text begin
A "qualified individual" is the taxpayer, the
taxpayer's spouse, or an individual who qualifies as a dependent of the taxpayer under
sections 151 and 152 of the Internal Revenue Code. These individuals are only qualified
individuals from the time the individual submits an I-485 application to register permanent
residence or at the time the individual enters the United States on an immigrant visa, to the
time the individual becomes a naturalized United States citizen.
new text end
new text begin Subd. 4. new text end
new text begin Qualified citizenship expenses. new text end
new text begin
Qualified citizenship expenses are limited
to:
new text end
new text begin
(1) filing fees, including both application and biometric fingerprint fees, paid to
the United States Citizenship and Immigration Services in connection with an N-400
naturalization application for a qualified individual; and
new text end
new text begin
(2) amounts paid for enrollment of a qualified individual over the age of 18 at the
beginning of the year in an English language class offered by a school district in Minnesota
or a school that has been approved as a licensed school by the state of Minnesota.
new text end
new text begin Subd. 5. new text end
new text begin Credit to be refundable. new text end
new text begin
If the amount of credit that the taxpayer is
eligible to receive under this section exceeds the taxpayer's tax liability under this chapter,
the commissioner of revenue shall refund the excess to the taxpayer.
new text end
new text begin Subd. 6. new text end
new text begin Appropriation. new text end
new text begin
An amount sufficient to pay the refunds required by this
section is appropriated to the commissioner of revenue from the general fund.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective for tax years beginning after
December 31, 2005.
new text end
ARTICLE 4
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.
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 5
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 6
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
ARTICLE 7
IMMIGRATION TASK FORCE
Section 1. new text begin IMMIGRATION TASK FORCE.
new text end
new text begin Subdivision 1. new text end
new text begin Establishment. new text end
new text begin
The commissioner of administration shall establish
and convene a task force to study immigration issues.
new text end
new text begin Subd. 2. new text end
new text begin Membership. new text end
new text begin
The task force shall consist of the following:
new text end
new text begin
(1) two members from the house of representatives, who are not in the same political
party, appointed by the speaker of the house in consultation with the minority leader;
new text end
new text begin
(2) two members of the senate, who are not in the same political party, appointed by
the majority leader in consultation with the minority leader;
new text end
new text begin
(3) the commissioner of public safety or the commissioner's designee;
new text end
new text begin
(4) a representative from the Minnesota Supreme Court;
new text end
new text begin
(5) the commissioner of the Department of Employment and Economic Development
or the commissioner's designee;
new text end
new text begin
(6) the commissioner of health or the commissioner's designee;
new text end
new text begin
(7) the commissioner of human services or the commissioner's designee;
new text end
new text begin
(8) the commissioner of labor and economic development or the commissioner's
designee;
new text end
new text begin
(9) the commissioner of human rights or the commissioner's designee;
new text end
new text begin
(10) the commissioner of corrections or the commissioner's designee;
new text end
new text begin
(11) the commissioner of education or the commissioner's designee;
new text end
new text begin
(12) the commissioner of finance or the commissioner's designee;
new text end
new text begin
(13) the commissioner of agriculture or the commissioner's designee;
new text end
new text begin
(14) a representative from the Attorney General's Office;
new text end
new text begin
(15) two members appointed by the League of Minnesota Cities, one of whom must
live outside of the seven-county metropolitan area;
new text end
new text begin
(16) a representative of the Minnesota Police and Peace Officer's Association;
new text end
new text begin
(17) a representative of the Police Chiefs Association;
new text end
new text begin
(18) a representative of the Sheriffs Association;
new text end
new text begin
(19) a county attorney selected by the County Attorney's Association;
new text end
new text begin
(20) a representative of the United States Attorney's Office;
new text end
new text begin
(21) a representative of the United States Department of Homeland Security;
new text end
new text begin
(22) a representative of Minnesota Advocates for Human Rights;
new text end
new text begin
(23) a representative of the Immigrant Law Center of Minnesota;
new text end
new text begin
(24) three representatives of immigrant communities appointed by the commissioner;
and
new text end
new text begin
(25) any other persons deemed necessary by the commissioner of administration.
new text end
new text begin Subd. 3. new text end
new text begin Recommendations. new text end
new text begin
The task force shall convene no later than September
1, 2006. The task force shall examine and make recommendations on the following issues:
new text end
new text begin
(1) determine, to the extent data is available, the immigrant population and the
distribution of immigrants by region of the state;
new text end
new text begin
(2) determine, to the extent data is available, the size and growth of the immigrant
workforce in the state, identify the industries that rely on immigrant workers, assess the
impact that immigrant workers have on industries that rely upon them, and otherwise
assess the impact of immigration on the state's economy;
new text end
new text begin
(3) determine the services that immigrants need, the cost to provide those services,
and the public and private sector agencies or organizations that provide the needed
services;
new text end
new text begin
(4) identify programs and initiatives intended to ease the integration of lawful
immigrants into the community, focusing on the following areas: housing, education,
health care, identification, and citizenship;
new text end
new text begin
(5) determine the amount of crime that is committed by illegal immigrants and the
cost of the crimes to the state and local units of government;
new text end
new text begin
(6) recommend the role that the state of Minnesota and state law enforcement
officers should play in enforcing federal immigration laws;
new text end
new text begin
(7) identify and describe the pending federal immigration reform proposals and
make recommendations on which proposals, or parts of the proposals, are most favorable
to the state; and
new text end
new text begin
(8) identify what the state can do to encourage lawful immigrants to settle in the state.
new text end
new text begin Subd. 4. new text end
new text begin Report. new text end
new text begin
The task force shall submit a report and recommendations to
speaker of the house, the house minority leader, the senate majority leader, the senate
minority leader, and the governor by February 1, 2007.
new text end
ARTICLE 8
APPROPRIATIONS
Section 1. new text begin DEPARTMENT OF PUBLIC SAFETY.
new text end
new text begin
$....... is appropriated from the general fund to the commissioner of public safety to
implement the provisions of articles 1 to 3 and 6 for the biennium ending June 30, 2007.
new text end
Sec. 2. new text begin DEPARTMENT OF HEALTH.
new text end
new text begin
$....... is appropriated from the health care access fund to the commissioner of health
for improving health care for immigrant families. $....... of the appropriation shall be used
for perinatal hepatitis B treatment and prevention and $....... for tuberculosis treatment and
case management for immigrants in Minnesota.
new text end