Minnesota Legislature
HF 470B
Conference Committee Report - 90th Legislature (2017 - 2018) Posted on 05/22/2017 02:30pm
KEY: stricken = removed, old language.
underscored = added, new language.
1.1CONFERENCE COMMITTEE REPORT ON H. F. No. 470
1.3relating to public safety; creating the crime of tampering with a public safety motor
1.4vehicle; establishing criminal penalties;amending Minnesota Statutes 2016, section
1.5609.595, subdivisions 1, 2, by adding a subdivision.
1.6May 22, 2017
1.7The Honorable Kurt L. Daudt
1.8Speaker of the House of Representatives
1.9The Honorable Michelle L. Fischbach
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 470 report that we have agreed upon the
1.12items in dispute and recommend as follows:
1.13That the Senate recede from its amendment and that H. F. No. 470 be further amended
1.14as follows:
1.15Delete everything after the enacting clause and insert:
1.19The sums shown in the columns marked "Appropriations" are appropriated to the agencies
1.20and for the purposes specified in this article. The appropriations are from the general fund,
1.21or another named fund, and are available for the fiscal years indicated for each purpose.
1.22The figures "2018" and "2019" used in this article mean that the appropriations listed under
1.23them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
1.24"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
1.25is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
1.26effective the day following final enactment.
2.7The amounts that may be spent for each
2.8purpose are specified in the following
2.9subdivisions.
2.11(a) Contingent Account
2.12$5,000 each year is for a contingent account
2.13for expenses necessary for the normal
2.14operation of the court for which no other
2.15reimbursement is provided.
2.16(b) Judges' Compensation
2.17Judges' compensation is increased by two and
2.18one-half percent each year.
2.19(c) Harassment Restraining Orders
2.20$993,000 the second year is to implement the
2.21changes related to harassment restraining
2.22orders required in article 3. The base for this
2.23activity is $993,000 in fiscal years 2020 and
2.242021, and $0 in fiscal year 2022 and thereafter.
2.25(d) Information Security and Risk
2.26Management
2.27$984,000 each year is for an information
2.28security and risk management program.
2.30Legal Services to Low-Income Clients in
2.31Family Law Matters. $948,000 each year is
2.32to improve the access of low-income clients
2.33to legal representation in family law matters.
3.1This appropriation must be distributed under
3.2Minnesota Statutes, section 480.242, to the
3.3qualified legal services program described in
3.4Minnesota Statutes, section 480.242,
3.5subdivision 2, paragraph (a). Any
3.6unencumbered balance remaining in the first
3.7year does not cancel and is available in the
3.8second year.
3.10(a) Judges' Compensation
3.11Judges' compensation is increased by two and
3.12one-half percent each year.
3.13(b) Base Amount
3.14The general fund base is $12,494,000 in fiscal
3.15year 2020 and thereafter.
3.17(a) Judges' Compensation
3.18Judges' compensation is increased by two and
3.19one-half percent each year.
3.20(b) New Trial Judges
3.21$884,000 the first year and $818,000 the
3.22second year are for two new trial court judge
3.23units.
3.24(c) Mandated Services
3.25$1,164,000 each year is for mandated court
3.26services.
3.27(d) Treatment Courts Stability
3.28$1,689,000 each year is for treatment courts
3.29stability.
4.1Compliance Positions. $400,000 the first year
4.2and $600,000 the second year are for new
4.3positions to maintain compliance with federal
4.4and state mandates.
4.6$256,000 each year is for a case management
4.7system.
4.10Major Disciplinary Actions. $125,000 each
4.11year is for special investigative and hearing
4.12costs for major disciplinary actions undertaken
4.13by the board. This appropriation does not
4.14cancel. Any unencumbered and unspent
4.15balances remain available for these
4.16expenditures until June 30, 2021.
4.18New Attorneys
4.19$500,000 the first year and $1,000,000 the
4.20second year are for additional public
4.21defenders.
5.4The amounts that may be spent for each
5.5purpose are specified in the following
5.6subdivisions.
5.13(a) Hazmat and Chemical Assessment
5.14Teams
5.15$850,000 each year is from the fire safety
5.16account in the special revenue fund. These
5.17amounts must be used to fund the hazardous
5.18materials and chemical assessment teams. Of
5.19this amount, $100,000 the first year is for
5.20cases for which there is no identified
5.21responsible party.
5.22(b) Emergency Response Teams
5.23$675,000 each year is from the fire safety
5.24account in the special revenue fund to maintain
5.25four emergency response teams: one under the
5.26jurisdiction of the St. Cloud Fire Department
5.27or a similarly located fire department if
5.28necessary; one under the jurisdiction of the
5.29Duluth Fire Department; one under the
5.30jurisdiction of the St. Paul Fire Department;
5.31and one under the jurisdiction of the Moorhead
5.32Fire Department. The commissioner must
5.33allocate the appropriation as follows: (1)
5.34$225,000 each year to the St. Cloud Fire
5.35Department; (2) $225,000 each year to the
6.1Duluth Fire Department; (3) $125,000 each
6.2year to the St. Paul Fire Department; and (4)
6.3$100,000 each year to the Moorhead Fire
6.4Department. These are onetime appropriations.
6.5(c) Roseau County Disaster Reimbursement
6.6$1,250,000 the first year is from the general
6.7fund for distribution to Roseau County for
6.8reimbursement of costs to repair public
6.9infrastructure damaged by the 1999 and 2002
6.10floods.
6.11(d) Supplemental Nonprofit Security Grants
6.12$150,000 the first year is from the general fund
6.13for supplemental nonprofit security grants
6.14under this paragraph.
6.15Nonprofit organizations whose applications
6.16for funding through the Federal Emergency
6.17Management Agency's nonprofit security grant
6.18program have been approved by the Division
6.19of Homeland Security and Emergency
6.20Management are eligible for grants under this
6.21paragraph. No additional application shall be
6.22required for grants under this paragraph, and
6.23an application for a grant from the federal
6.24program is also an application for funding
6.25from the state supplemental program.
6.26Eligible organizations may receive grants of
6.27up to $75,000, except that the total received
6.28by any individual from both the federal
6.29nonprofit security grant program and the state
6.30supplemental nonprofit security grant program
6.31shall not exceed $75,000. Grants shall be
6.32awarded in an order consistent with the
6.33ranking given to applicants for the federal
6.34nonprofit security grant program. No grants
7.1under the state supplemental nonprofit security
7.2grant program shall be awarded until the
7.3announcement of the recipients and the
7.4amount of the grants awarded under the federal
7.5nonprofit security grant program.
7.6The commissioner may use up to one percent
7.7of the appropriation received under this
7.8paragraph to pay costs incurred by the
7.9department in administering the supplemental
7.10nonprofit security grant program.
7.11(e) Bomb Squad Reimbursements
7.12$50,000 each year is from the general fund for
7.13reimbursements to local governments for
7.14bomb squad services.
7.21(a) DWI Lab Analysis; Trunk Highway
7.22Fund
7.23Notwithstanding Minnesota Statutes, section
7.24161.20, subdivision 3, $2,374,000 the first
7.25year and $2,419,000 the second year are from
7.26the trunk highway fund for laboratory analysis
7.27related to driving-while-impaired cases.
7.29$2,100,000 the first year and $2,000,000 the
7.30second year are to be used to build the
7.31predatory registration system. This
7.32appropriation is available until June 30, 2020.
7.33The base for fiscal year 2020 and thereafter is
7.34$400,000 to maintain the system.
8.2$1,331,000 the first year and $1,332,000 the
8.3second year are:
8.4(1) for additional firearms examiners;
8.5(2) for additional staff in the drug chemistry
8.6lab;
8.7(3) for criminal investigators; and
8.8(4) for maintenance of the criminal history
8.9system.
8.11$169,000 the second year is for the Bureau of
8.12Criminal Apprehension to implement the
8.13changes related to harassment restraining
8.14orders required in article 3. The base for this
8.15activity is $47,000 in fiscal year 2020 and
8.16thereafter.
8.20The special revenue fund appropriation is from
8.21the fire safety account in the special revenue
8.22fund and is for activities under Minnesota
8.23Statutes, section 299F.012.
8.24Inspections
8.25$300,000 each year is for inspection of nursing
8.26homes and boarding care facilities.
8.31The special revenue fund appropriation is from
8.32the fire safety account in the special revenue
9.1fund and is for activities under Minnesota
9.2Statutes, section 299F.012.
9.4$4,265,000 each year is for firefighter training
9.5and education.
9.6(b) Task Force 1
9.7$500,000 each year is for the Minnesota Task
9.8Force 1.
9.9(c) Air Rescue
9.10$250,000 each year is for the Minnesota Air
9.11Rescue Team.
9.13Any additional unappropriated money
9.14collected in fiscal year 2017 is appropriated
9.15to the commissioner of public safety for the
9.16purposes of Minnesota Statutes, section
9.17299F.012. The commissioner may transfer
9.18appropriations and base amounts between
9.19activities in this subdivision.
9.24$688,000 the first year and $694,000 the
9.25second year are from the alcohol enforcement
9.26account in the special revenue fund. Of this
9.27appropriation, $500,000 each year shall be
9.28transferred to the general fund.
9.29$70,000 each year is from the lawful gambling
9.30regulation account in the special revenue fund.
10.1$180,000 each year is from the general fund
10.2for field agents.
10.9Up to 2.5 percent of the grant funds
10.10appropriated in this subdivision may be used
10.11by the commissioner to administer the grant
10.12program.
10.14$250,000 each year is for grants to local law
10.15enforcement agencies to develop strategies
10.16and make efforts to combat the recruitment of
10.17Minnesota residents by terrorist organizations
10.18such as ISIS and al-Shabaab. This is a onetime
10.19appropriation.
10.21$180,000 each year is for grants to state and
10.22local units of government for the following
10.23purposes:
10.24(1) to support new or existing
10.25multijurisdictional entities to investigate sex
10.26trafficking crimes; and
10.27(2) to provide technical assistance, including
10.28training and case consultation, to law
10.29enforcement agencies statewide.
10.31$400,000 the second year is for reimbursement
10.32grants to local units of government that operate
10.33pathway to policing programs intended to
10.34bring persons with nontraditional backgrounds
11.1into law enforcement. Applicants for
11.2reimbursement grants may receive up to 50
11.3percent of the cost of compensating and
11.4training pathway to policing participants.
11.5Reimbursement grants shall be proportionally
11.6allocated based on the number of grant
11.7applications approved by the commissioner.
11.9This appropriation is from the state
11.10government special revenue fund for 911
11.11emergency telecommunications services.
11.12This appropriation includes funds for
11.13information technology project services and
11.14support subject to the provisions of Minnesota
11.15Statutes, section 16E.0466. Any ongoing
11.16information technology costs will be
11.17incorporated into the service level agreement
11.18and will be paid to the Office of MN.IT
11.19Services by the Department of Public Safety
11.20under the rates and mechanism specified in
11.21that agreement.
11.23$13,664,000 each year is to be distributed as
11.24provided in Minnesota Statutes, section
11.25403.113, subdivision 2.
11.27$683,000 each year is for grants to the
11.28Minnesota Emergency Medical Services
11.29Regulatory Board for the Metro East and
11.30Metro West Medical Resource
11.31Communication Centers that were in operation
11.32before January 1, 2000.
12.1$23,261,000 each year is to the commissioner
12.2of management and budget to pay debt service
12.3on revenue bonds issued under Minnesota
12.4Statutes, section 403.275.
12.5Any portion of this appropriation not needed
12.6to pay debt service in a fiscal year may be used
12.7by the commissioner of public safety to pay
12.8cash for any of the capital improvements for
12.9which bond proceeds were appropriated by
12.10Laws 2005, chapter 136, article 1, section 9,
12.11subdivision 8; or Laws 2007, chapter 54,
12.12article 1, section 10, subdivision 8.
12.13(d) ARMER State Backbone Operating
12.14Costs
12.15$9,650,000 each year is to the commissioner
12.16of transportation for costs of maintaining and
12.17operating the statewide radio system
12.18backbone.
12.19(e) ARMER Improvements
12.20$1,000,000 each year is to the Statewide
12.21Emergency Communications Board for
12.22improvements to those elements of the
12.23statewide public safety radio and
12.24communication system that support mutual
12.25aid communications and emergency medical
12.26services or provide interim enhancement of
12.27public safety communication interoperability
12.28in those areas of the state where the statewide
12.29public safety radio and communication system
12.30is not yet implemented, and grants to local
12.31units of government to further the strategic
12.32goals set forth by the Statewide Emergency
12.33Communications Board strategic plan.
13.8The amounts that may be spent for each
13.9purpose are specified in the following
13.10subdivisions.
13.12The special revenue fund appropriation is from
13.13the peace officer training account. Any new
13.14receipts credited to that account in the first
13.15year in excess of $4,144,000 must be
13.16transferred and credited to the general fund.
13.17Any new receipts credited to that account in
13.18the second year in excess of $4,156,000 must
13.19be transferred and credited to the general fund.
13.21$2,859,000 each year is from the peace officer
13.22training account in the special revenue fund
13.23for reimbursements to local governments for
13.24peace officer training costs.
13.26$6,000,000 each year is from the general fund
13.27to support and strengthen law enforcement
13.28training and implement best practices. The
13.29base for this activity is $6,000,000 in fiscal
13.30years 2020 and 2021, and $0 in fiscal year
13.312022 and thereafter.
13.33$100,000 each year is from the peace officer
13.34training account in the special revenue fund
14.1for training state and local community safety
14.2personnel in the use of crisis de-escalation
14.3techniques. When selecting a service provider
14.4for this training, the board may consult with
14.5any postsecondary institution, any state or
14.6local governmental official, or any
14.7nongovernmental authority the board
14.8determines to be relevant. Among any other
14.9criteria the board may establish, the training
14.10provider must have a demonstrated
14.11understanding of the transitions and challenges
14.12that veterans may experience during their
14.13re-entry into society following combat service.
14.14The board must ensure that training
14.15opportunities provided are reasonably
14.16distributed statewide.
14.21The amounts that may be spent for each
14.22purpose are specified in the following
14.23subdivisions.
14.27$9,200,000 in fiscal year 2017 is to fund a
14.28deficiency in the base budget for the offender
14.29health care contract.
14.30$11,400,000 the first year is for the offender
14.31health care contract.
14.32Prior to entering into a new health care
14.33contract, the commissioner must identify and
14.34directly solicit bids from at least five health
15.1care organizations that provide, or are willing
15.2to provide, health care to prison inmates. In
15.3the department's next report required under
15.4Minnesota Statutes, section 241.016, after
15.5entering a new health care contract, the
15.6commissioner shall:
15.7(1) provide the names and a summary of each
15.8bid proposal from the health care organizations
15.9that submitted a proposal to provide health
15.10care to state inmates; and
15.11(2) explain, in detail, why the commissioner
15.12selected the chosen provider.
15.13The base for increased offender health care is
15.14$5,628,000 in fiscal year 2020 and thereafter.
15.16$500,000 the first year and $631,000 the
15.17second year are to comply with requirements
15.18of the federal Prison Rape Elimination Act.
15.19The commissioner must limit the number of
15.20juveniles accepted at MCF-Red Wing so that
15.21the staffing-to-offender ratio at the facility
15.22complies with the act.
15.24$2,150,000 each year is to increase the
15.25relevant base budgets for operational costs
15.26including offender food, plant operations, and
15.27lease of space.
15.29$2,969,000 each year is to support critical
15.30technology needs.
15.32(a) DOC Supervision Services
16.1$696,000 each year is for Department of
16.2Corrections probation and supervised release
16.3agents.
16.4(b) Community Corrections Act
16.5$2,100,000 each year is added to the
16.6Community Corrections Act subsidy, as
16.7described in Minnesota Statutes, section
16.8401.14.
16.9(c) County Probation Officer
16.10Reimbursement
16.11$230,000 each year is added to the county
16.12probation officers reimbursement, as described
16.13in Minnesota Statutes, section 244.19,
16.14subdivision 6.
16.17$160,000 each year is to fund grants to
16.18facilitate access to community treatment
16.19options under article 3, section 30.
16.21$345,000 each year is to support critical
16.22technology needs.
16.24Technology Needs
16.25$1,638,000 each year is to support technology
16.26needs.
16.27 Sec. 15. TRANSFER; DISASTER ASSISTANCE CONTINGENCY ACCOUNT.
16.28(a) If the fiscal year 2017 final closing balance in the general fund exceeds the closing
16.29balance projected at the end of the 2017 legislative session by at least $10,000,000, the
16.30commissioner of management and budget must transfer $10,000,000 from the general fund
16.31to the disaster assistance contingency account established under Minnesota Statutes, section
16.3212.221, subdivision 6.
17.1(b) If the fiscal year 2017 final closing balance in the general fund exceeds the closing
17.2balance projected at the end of the 2017 legislative session by less than $10,000,000, the
17.3commissioner of management and budget must transfer an amount equal to the difference
17.4between the fiscal year 2017 final closing balance and the closing balance projected at the
17.5end of the 2017 legislative session from the general fund to the disaster assistance
17.6contingency account established under Minnesota Statutes, section 12.221, subdivision 6.
17.7(c) If a transfer is required under this section, the transfer must be completed before
17.8September 30, 2017.
17.11 Section 1. Minnesota Statutes 2016, section 2.722, subdivision 1, is amended to read:
17.12 Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial
17.13districts composed of the following named counties, respectively, in each of which districts
17.14judges shall be chosen as hereinafter specified:
17.15 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
17.16permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
17.17and one other shall be maintained at the place designated by the chief judge of the district;
17.18 2. Ramsey; 26 judges;
17.19 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
17.20and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert
17.21Lea, Austin, Rochester, and Winona;
17.22 4. Hennepin; 60 judges;
17.23 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
17.24Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and permanent
17.25chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
17.26 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
17.27 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
17.28Wadena;28 29 judges; and permanent chambers shall be maintained in Moorhead, Fergus
17.29Falls, Little Falls, and St. Cloud;
18.1 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
18.2Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
18.3shall be maintained in Morris, Montevideo, and Willmar;
18.4 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
18.5Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
18.6Koochiching;23 24 judges; and permanent chambers shall be maintained in Crookston,
18.7Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
18.8 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
18.9judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places
18.10designated by the chief judge of the district.
18.11 Sec. 2. Minnesota Statutes 2016, section 13.69, subdivision 1, is amended to read:
18.12 Subdivision 1. Classifications. (a) The following government data of the Department
18.13of Public Safety are private data:
18.14 (1) medical data on driving instructors, licensed drivers, and applicants for parking
18.15certificates and special license plates issued to physically disabled persons;
18.16 (2) other data on holders of a disability certificate under section169.345 , except that (i)
18.17data that are not medical data may be released to law enforcement agencies, and (ii) data
18.18necessary for enforcement of sections169.345 and
169.346 may be released to parking
18.19enforcement employees or parking enforcement agents of statutory or home rule charter
18.20cities and towns;
18.21 (3) Social Security numbers in driver's license and motor vehicle registration records,
18.22except that Social Security numbers must be provided to the Department of Revenue for
18.23purposes of tax administration, the Department of Labor and Industry for purposes of
18.24workers' compensation administration and enforcement, the judicial branch for purposes of
18.25debt collection, and the Department of Natural Resources for purposes of license application
18.26administration; and
18.27 (4) data on persons listed as standby or temporary custodians under section171.07,
18.28subdivision 11 , except that the data must be released to:
18.29 (i) law enforcement agencies for the purpose of verifying that an individual is a designated
18.30caregiver; or
19.1 (ii) law enforcement agencies who state that the license holder is unable to communicate
19.2at that time and that the information is necessary for notifying the designated caregiver of
19.3the need to care for a child of the license holder.
19.4 The department may release the Social Security number only as provided in clause (3)
19.5and must not sell or otherwise provide individual Social Security numbers or lists of Social
19.6Security numbers for any other purpose.
19.7 (b) The following government data of the Department of Public Safety are confidential
19.8data: data concerning an individual's driving ability when that data is received from a member
19.9of the individual's family.
19.10 Sec. 3. [134A.17] TRANSFERS TO COUNTY.
19.11If the Sherburne County Law Library, through its trustees, has a fiscal reserve that is
19.12projected to sustain its operations for a period of over five years, the Sherburne County Law
19.13Library may transfer up to half of the money in its fiscal reserve, but not to exceed $200,000,
19.14to Sherburne County to defray costs of constructing a new building to house the law library
19.15and courts.
19.16 Sec. 4. Minnesota Statutes 2016, section 243.49, is amended to read:
19.17243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
19.18Upon a plea of guilty or finding of guilty after trial, the court administrator of every
19.19court which sentences a defendant for a felony or gross misdemeanor to the custody of the
19.20commissioner of corrections or to the superintendent of the workhouse or work farm, shall
19.21provide the officer or person having custody of the defendant a certified record for
19.22commitment, including(1) a copy of the indictment and plea, (2) a transcript of the sentencing
19.23proceedings, with the date thereof, together with the defendant's statement under
oath, if
19.24obtained, as to the defendant's true name, residence, if any, the date and place of
birth, the
19.25names and addresses of parents and other relatives and of employers and others who
know
19.26the defendant well, social and other affiliations, past occupations and employments,
former
19.27places of residence and the period of time and the dates the defendant has resided
in each,
19.28citizenship, the number, dates, places and causes of any prior convictions, and (3)
if the
19.29person pleaded guilty, a transcript of the sentencing proceedings. The record shall also
19.30include the trial judge's impressions of the defendant's mental and physical condition, general
19.31character, capacity, disposition, habits and special needs.The court reporter shall provide
19.32the required transcripts. The certified record for commitment may be used as evidence in
19.33any postconviction proceeding brought by the defendant. The court administrator shall also
20.1deliver to the sheriff or other officer or person conveying the defendant to the correctional
20.2facility, workhouse, or work farm designated by the commissioner of corrections or the
20.3judge a warrant of commitment together with a certified copy of the warrant directing the
20.4conveyor to deliver the person and the certified record for commitment to the principal
20.5officer in charge of the correctional facility, workhouse, or work farm. Upon the delivery
20.6of any person, the principal officer in charge of the correctional facility, workhouse, or work
20.7farm shall keep the certified copy of the warrant of commitment and endorse the principal
20.8officer's receipt upon the original, which shall be filed with the sentencing court. The court
20.9administrator shall retainone copy of the required transcripts, and a tape recording and the
20.10court reporter's notes of allother proceedings.
20.11 Sec. 5. Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:
20.12 Subd. 2. Jurisdiction. At the election of the taxpayer, the Small Claims Division shall
20.13have jurisdiction only in the following matters:
20.14(a) cases involving valuation, assessment, or taxation of real or personal property, if:
20.15(i) the issue is a denial of a current year application for the homestead classification for
20.16the taxpayer's property;
20.17(ii) only one parcel is included in the petition, the entire parcel is classified as homestead
20.18class 1a or 1b under section273.13 , and the parcel contains no more than one dwelling unit;
20.19(iii) the entire property is classified as agricultural homestead class 2a or 1b under section
20.20273.13
; or
20.21(iv) the assessor's estimated market value of the property included in the petition is less
20.22than $300,000; or
20.23(b) any case not involving valuation, assessment, or taxation of real and personal property
20.24in which the amount in controversy does not exceed$5,000 $15,000, including penalty and
20.25interest.
20.26EFFECTIVE DATE.This section is effective the day following final enactment.
20.27 Sec. 6. Minnesota Statutes 2016, section 299A.707, subdivision 2, is amended to read:
20.28 Subd. 2. Account purpose, grants. Money in this account shall be allocated by a grant
20.29program administered by the commissioner of public safety through the Office of Justice
20.30Programs. Local units of government and nonprofit organizations are eligible for grants to
20.31establish or operate chemical dependency and mental health treatment programs, programs
21.1that improve supervision, including pretrial and precharge supervision, and programs to
21.2reduce recidivism of controlled substances offenders on probation or supervised release or
21.3participating indrug treatment courts or to fund local participation in drug treatment court
21.4initiatives approved by the Judicial Council.
21.5 Sec. 7. Minnesota Statutes 2016, section 357.42, is amended to read:
21.6357.42DRUG TREATMENT COURT FEES.
21.7 (a) When a court establishes adrug treatment court process, the court may establish one
21.8or more fees for services provided to defendants participating in the process.
21.9 (b) In each fiscal year, the court shall deposit thedrug treatment court participation fees
21.10in the special revenue fund and credit the fees to a separate account for the trial courts. The
21.11balance in this account is appropriated to the trial courts and does not cancel but is available
21.12until expended. Expenditures from this account must be made fordrug treatment court
21.13purposes.
21.14 Sec. 8. Minnesota Statutes 2016, section 358.116, is amended to read:
21.15358.116 COURT DOCUMENTS.
21.16Unless specifically required by court rule, a pleading, motion, affidavit, or other document
21.17filed with a court of the Minnesota judicial branch, or presented to a judge or judicial officer
21.18in support of a request for a court order, warrant, or other relief, is not required to be
21.19notarized. Signing a document filed with the court or presented to a judge or judicial officer
21.20constitutes "verification upon oath or affirmation" as defined in section358.41 , clause (3),
21.21without administration of an oath under section358.07 , provided that the signature, as
21.22defined by court rules, is affixed immediately below a declaration using substantially the
21.23following language: "I declare under penalty of perjury that everything I have stated in this
21.24document is true and correct." In addition to the signature, the date of signing and the county
21.25and state where the document was signed shall be noted on the document. A person who
21.26signs knowing that the document is false in any material respect is guilty of perjury under
21.27section609.48 , even if the date, county, and state of signing are omitted from the document.
21.28 Sec. 9. Minnesota Statutes 2016, section 480.242, subdivision 2, is amended to read:
21.29 Subd. 2. Review of applications; selection of recipients. At times and in accordance
21.30with any procedures as the Supreme Court adopts in the form of court rules, applications
21.31for the expenditure of civil legal services funds shall be accepted from qualified legal services
21.32programs or from local government agencies and nonprofit organizations seeking to establish
22.1qualified alternative dispute resolution programs. The applications shall be reviewed by the
22.2advisory committee, and the advisory committee, subject to review by the Supreme Court,
22.3shall distribute the funds available for this expenditure to qualified legal services programs
22.4or to qualified alternative dispute resolution programs submitting applications. The funds
22.5shall be distributed in accordance with the following formula:
22.6(a) Eighty-five percent of the funds distributed shall be distributed to qualified legal
22.7services programs that have demonstrated an ability as of July 1, 1982, to provide legal
22.8services to persons unable to afford private counsel with funds provided by the federal Legal
22.9Services Corporation. The allocation of funds among the programs selected shall be based
22.10upon the number of persons with incomes below the poverty level established by the United
22.11States Census Bureau who reside in the geographical area served by each program, as
22.12determined by the Supreme Court on the basis of the most recent national census. All funds
22.13distributed pursuant to this clause shall be used for the provision of legal services in civil
22.14and farm legal assistance matters as prioritized by program boards of directors to eligible
22.15clients.
22.16(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified legal
22.17services programs for the provision of legal services in civil matters to eligible clients,
22.18including programs which organize members of the private bar to perform services and
22.19programs for qualified alternative dispute resolution, (2) to programs for training mediators
22.20operated by nonprofit alternative dispute resolution corporations, or (3) to qualified legal
22.21services programs to provide family farm legal assistance for financially distressed state
22.22farmers. The family farm legal assistance must be directed at farm financial problems
22.23including, but not limited to, liquidation of farm property including bankruptcy, farm
22.24foreclosure, repossession of farm assets, restructuring or discharge of farm debt, farm credit
22.25and general debtor-creditor relations, and tax considerations. If all the funds to be distributed
22.26pursuant to this clause cannot be distributed because of insufficient acceptable applications,
22.27the remaining funds shall be distributed pursuant to clause (a).
22.28A person is eligible for legal assistance under this section if the person is an eligible
22.29client as defined in section480.24, subdivision 2 , or:
22.30(1) is a state resident;
22.31(2) is or has been a farmer or a family shareholder of a family farm corporation within
22.32the preceding 24 months;
22.33(3) has a debt-to-asset ratio greater than 50 percent; and
23.1(4) has a reportable federal adjusted gross income of $15,000 or less in the previous
23.2year; and
23.3(5) is financially unable to retain legal representation (4) satisfies the income eligibility
23.4guidelines established under section 480.243, subdivision 1.
23.5Qualifying farmers and small business operators whose bank loans are held by the Federal
23.6Deposit Insurance Corporation are eligible for legal assistance under this section.
23.7 Sec. 10. Minnesota Statutes 2016, section 484.70, subdivision 7, is amended to read:
23.8 Subd. 7. Referee duties. The duties and powers of referees shall be as follows:
23.9(a) Hear and report all matters assigned by the chief judge.
23.10(b) Recommend findings of fact, conclusions of law, temporary and interim orders, and
23.11final orders for judgment.
23.12All recommended orders and findings of a referee shall be subject to confirmation by a
23.13judge.
23.14(c) Upon the conclusion of the hearing in each case, the referee shall transmit to a judge
23.15the court file together with recommended findings and orders in writing. The recommended
23.16findings and orders of a referee become the findings and orders of the court when confirmed
23.17by a judge. The order of the court shall be proof of such confirmation, and also of the fact
23.18that the matter was duly referred to the referees.
23.19(d) Review of any recommended order or finding of a referee by a judge may be by
23.20notice served and filed within ten days of effective notice of the recommended order or
23.21finding. The notice of review shall specify the grounds for review and the specific provisions
23.22of the recommended findings or orders disputed, and the court, upon receipt of a notice of
23.23review, shall set a time and place for a review hearing.
23.24(e) All orders and findings recommended by a referee become an effective order when
23.25countersigned by a judge and remain effective during the pendency of a review, including
23.26a remand to the referee, unless a judge:
23.27(1) expressly stays the effect of the order;
23.28(2) changes the order during the pendency of the review; or
23.29(3) changes or vacates the order upon completion of the review.
24.1(f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate or civil
24.2commitment court proceedings, if appealed, must be appealed directly to the Court of
24.3Appeals, in the same manner as judicial orders and decrees.
24.4 Sec. 11. Minnesota Statutes 2016, section 484.702, is amended by adding a subdivision
24.5to read:
24.6 Subd. 6. Expedited child support process. Hearings and proceedings conducted in the
24.7expedited child support process under this section may be reported by use of electronic
24.8recording equipment provided that the equipment meets the minimum standards established
24.9by the state court administrator. Electronic recording equipment must be operated and
24.10monitored by a person who meets the minimum qualifications established by the state court
24.11administrator.
24.12 Sec. 12. Minnesota Statutes 2016, section 486.05, subdivision 1, is amended to read:
24.13 Subdivision 1. Salaries. The salary for each court reporter shall be setannually by the
24.14district administrator as provided in judicial branch personnel policies and collective
24.15bargaining agreements within the range established under section480.181 as provided in
24.16the judicial branch personnel rules.
24.17 Sec. 13. Minnesota Statutes 2016, section 486.06, is amended to read:
24.18486.06 CHARGE FOR TRANSCRIPT.
24.19In addition to the salary set in section486.05 , the court reporter may charge for a
24.20transcript of a record ordered by any person other than the judge50 cents per original folio
24.21thereof and ten cents per folio for each manifold or other copy thereof when so ordered
that
24.22it can be made with the original transcript. The chief judge of the judicial district
may by
24.23order establish new transcript fee ceilings annually at a rate set by the chief justice.
24.24A court reporter may impose a fee authorized under this section only if the transcript is
24.25delivered to the person who ordered it within a reasonable time after it was ordered.
24.26 Sec. 14. Minnesota Statutes 2016, section 518.179, subdivision 2, is amended to read:
24.27 Subd. 2. Applicable crimes. This section applies to the following crimes or similar
24.28crimes under the laws of the United States, or any other state:
24.29(1) murder in the first, second, or third degree under section609.185 ,
609.19 , or
609.195 ;
24.30(2) manslaughter in the first degree under section609.20 ;
25.1(3) assault in the first, second, or third degree under section609.221 ,
609.222 , or
609.223 ;
25.2(4) kidnapping under section609.25 ;
25.3(5) depriving another of custodial or parental rights under section609.26 ;
25.4(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
25.5a minor under section609.322 ;
25.6(7) criminal sexual conduct in the first degree under section609.342 ;
25.7(8) criminal sexual conduct in the second degree under section609.343 ;
25.8(9) criminal sexual conduct in the third degree under section609.344, subdivision 1 ,
25.9paragraph (c), (f), or (g);
25.10(10) solicitation of a child to engage in sexual conduct under section609.352 ;
25.11(11) incest under section609.365 ;
25.12(12) malicious punishment of a child under section609.377 ;
25.13(13) neglect of a child under section609.378 ;
25.14(14) terroristic threats under section609.713 ; or
25.15(15) felony stalking under section609.749, subdivision 4 ; or
25.16(16) domestic assault by strangulation under section 609.2247.
25.17 Sec. 15. Minnesota Statutes 2016, section 609.48, is amended by adding a subdivision to
25.18read:
25.19 Subd. 5. Venue. A violation of subdivision 1, clause (4), may be prosecuted in the county
25.20where the statement, under penalty of perjury, was signed, or the county of the district court
25.21in which the statement was filed.
25.22 Sec. 16. Minnesota Statutes 2016, section 609.748, subdivision 4, is amended to read:
25.23 Subd. 4. Temporary restraining order; relief by court. (a) The court may issue a
25.24temporary restraining order that provides any or all of the following:
25.25(1) orders the respondent to cease or avoid the harassment of another person; or
25.26(2) orders the respondent to have no contact with another person.
25.27(b) The court may issue an order under paragraph (a) if the petitioner files a petition in
25.28compliance with subdivision 3 and if the court finds reasonable grounds to believe that the
26.1respondent has engaged in harassment. When a petition alleges harassment as defined by
26.2subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate and
26.3present danger of harassment before the court may issue a temporary restraining order under
26.4this section. When signed by a referee, the temporary order becomes effective upon the
26.5referee's signature.
26.6(c) Notice need not be given to the respondent before the court issues a temporary
26.7restraining order under this subdivision. A copy of the restraining order must be served on
26.8the respondent along with the order for hearing and petition, as provided in subdivision 3.
26.9If the respondent is a juvenile, whenever possible, a copy of the restraining order, along
26.10with notice of the pendency of the case and the time and place of the hearing, shall also be
26.11served by mail at the last known address upon any parent or guardian of the juvenile
26.12respondent who is not the petitioner. A temporary restraining order may be entered only
26.13against the respondent named in the petition.
26.14(d) The temporary restraining order is in effect until a hearing is held on the issuance of
26.15a restraining order under subdivision 5. The court shall hold the hearing on the issuance of
26.16a restraining order if the petitioner requests a hearing. The hearing may be continued by the
26.17court upon a showing that the respondent has not been served with a copy of the temporary
26.18restraining order despite the exercise of due diligence or if service is made by published
26.19notice under subdivision 3 and the petitioner files the affidavit required under that
26.20subdivision.
26.21(e) If the temporary restraining order has been issued and the respondent requests a
26.22hearing, the hearing shall be scheduled by the court upon receipt of the respondent's request.
26.23Service of the notice of hearing must be made upon the petitioner not less than five days
26.24prior to the hearing. The court shall serve the notice of the hearing upon the petitioner by
26.25mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent to a
26.26complaint and motions and shall also mail notice of the date and time of the hearing to the
26.27respondent. In the event that service cannot be completed in time to give the respondent or
26.28petitioner the minimum notice required under this subdivision, the court may set a new
26.29hearing date.
26.30(f) A request for a hearing under this subdivision must be made within45 20 days after
26.31the temporary restraining order is issued of the date of completed service of the petition.
26.32 Sec. 17. Minnesota Statutes 2016, section 631.52, subdivision 2, is amended to read:
26.33 Subd. 2. Application. Subdivision 1 applies to the following crimes or similar crimes
26.34under the laws of the United States or any other state:
27.1(1) murder in the first, second, or third degree under section609.185 ,
609.19 , or
609.195 ;
27.2(2) manslaughter in the first degree under section609.20 ;
27.3(3) assault in the first, second, or third degree under section609.221 ,
609.222 , or
609.223 ;
27.4(4) kidnapping under section609.25 ;
27.5(5) depriving another of custodial or parental rights under section609.26 ;
27.6(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
27.7a minor under section609.322 ;
27.8(7) criminal sexual conduct in the first degree under section609.342 ;
27.9(8) criminal sexual conduct in the second degree under section609.343 ;
27.10(9) criminal sexual conduct in the third degree under section609.344, subdivision 1 ,
27.11paragraph (c), (f), or (g);
27.12(10) solicitation of a child to engage in sexual conduct under section609.352 ;
27.13(11) incest under section609.365 ;
27.14(12) malicious punishment of a child under section609.377 ;
27.15(13) neglect of a child under section609.378 ;
27.16(14) terroristic threats under section609.713 ; or
27.17(15) felony stalking under section609.749 ; or
27.18(16) domestic assault by strangulation under section 609.2247.
27.19 Sec. 18. Minnesota Statutes 2016, section 634.36, is amended to read:
27.20634.36 EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
27.21RECORDINGS.
27.22In any hearing or trial of a criminal offense or petty misdemeanor or proceeding pursuant
27.23to section169A.53, subdivision 3 , evidence of a videotape, audiotape, or electronic or digital
27.24recording prepared by a peace officer, using recording equipment in a law enforcement
27.25vehicle or on the officer's person, while in the performance of official duties shall not be
27.26excluded on the ground that a written transcript of the recording was not prepared and
27.27available at or prior to trial. As used in this section, "peace officer" has the meaning given
27.28in section169A.03, subdivision 18 .
28.1EFFECTIVE DATE.This section is effective July 1, 2017, and applies to trials and
28.2hearings beginning on or after that date.
28.3 Sec. 19. REPEALER.
28.4Minnesota Statutes 2016, sections 486.05, subdivision 1a; and 525.112, are repealed.
28.7 Section 1. Minnesota Statutes 2016, section 3.739, subdivision 1, is amended to read:
28.8 Subdivision 1. Permissible claims. Claims and demands arising out of the circumstances
28.9described in this subdivision shall be presented to, heard, and determined as provided in
28.10subdivision 2:
28.11(1) an injury to or death of an inmate of a state, regional, or local correctional facility
28.12or county jailwho has been conditionally released and ordered to perform while performing
28.13compensated or uncompensated work in the community for a state agency, a political
28.14subdivision or public corporation of this state, a nonprofit educational, medical, or social
28.15service agency, or a private business or individual,as a condition of the release, while
28.16performing the work;
28.17(2) an injury to or death of a person sentenced by a court, granted a suspended sentence
28.18by a court, or subject to a court disposition order, and who, under court order, is performing
28.19work(a) (i) in restitution, (b) (ii) in lieu of or to work off fines or court ordered, court-ordered
28.20costs, or other statutorily authorized correctional fees,(c) (iii) in lieu of incarceration, or
28.21(d) (iv) as a term or condition of a sentence, suspended sentence, or disposition order, while
28.22performing the work;
28.23(3) an injury to or death of a person, who has been diverted from the court system and
28.24who is performing work as described inparagraph clause (1) or (2) under a written agreement
28.25signed by the person, and if a juvenile, by a parent or guardian; and
28.26(4) an injury to or death of any person caused by an individual who was performing
28.27work as described inparagraph clause (1), (2), or (3).
28.28 Sec. 2. Minnesota Statutes 2016, section 12.221, subdivision 6, is amended to read:
28.29 Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster
28.30assistance contingency account is created in the special revenue fund in the state treasury.
29.1Money in the disaster assistance contingency account is appropriated to the commissioner
29.2of public safety to provide:
29.3(1) cost-share for federal assistance under section12A.15, subdivision 1 ;
29.4(2) state public disaster assistance to eligible applicants under chapter 12B;
29.5(3) cost-share for federal assistance from the Federal Highway Administration emergency
29.6relief program under United States Code, title 23, section 125; and
29.7(4) cost-share for federal assistance from the United States Department of Agriculture,
29.8Natural Resources Conservation Service emergency watershed protection program under
29.9United States Code, title 16, sections 2203 to 2205.
29.10(b) For appropriations under paragraph (a), clause (1), the amount appropriated is 100
29.11percent of any nonfederal share for state agenciesand, local governments, and utility
29.12cooperatives. Money appropriated under paragraph (a), clause (1), may be used to pay all
29.13or a portion of the nonfederal share for publicly owned capital improvement projects.
29.14(c) For appropriations under paragraph (a), clause (2), the amount appropriated is the
29.15amount required to pay eligible claims under chapter 12B, as certified by the commissioner
29.16of public safety.
29.17(d) By January 15 of each year, the commissioner of management and budget shall
29.18submit a report to the chairs and ranking minority members of the house of representatives
29.19Ways and Means Committee and the senate Finance Committee detailing state disaster
29.20assistance appropriations and expenditures under this subdivision during the previous
29.21calendar year.
29.22(e) The governor's budget proposal submitted to the legislature under section16A.11
29.23must include recommended appropriations to the disaster assistance contingency account.
29.24The governor's appropriation recommendations must be informed by the commissioner of
29.25public safety's estimate of the amount of money that will be necessary to:
29.26(1) provide 100 percent of the nonfederal share for state agenciesand, local governments,
29.27and utility cooperatives that will receive federal financial assistance from FEMA during
29.28the next biennium; and
29.29(2) fully pay all eligible claims under chapter 12B.
29.30(f) Notwithstanding section16A.28 :
29.31(1) funds appropriated or transferred to the disaster assistance contingency account do
29.32not lapse but remain in the account until appropriated; and
30.1(2) funds appropriated from the disaster assistance contingency account do not lapse
30.2and are available until expended.
30.3 Sec. 3. Minnesota Statutes 2016, section 12B.15, subdivision 2, is amended to read:
30.4 Subd. 2. Applicant. "Applicant" means a local governmentor, state government agency,
30.5or utility cooperative that applies for state disaster assistance under this chapter.
30.6 Sec. 4. Minnesota Statutes 2016, section 152.105, is amended to read:
30.7152.105 DISPOSAL.
30.8 Subdivision 1. Disposal of controlled substances. Controlled substances listed in section
30.9152.02, subdivisions 3
to 6, may be collected and disposed of only pursuant to the provisions
30.10of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, that
30.11are applicable to the disposal of controlled substances. Disposal of controlled substances
30.12and legend and nonlegend drugs must also comply with the requirements of section116.07
30.13governing the disposal of hazardous waste, and the rules promulgated thereunder.
30.14 Subd. 2. Sheriff to maintain collection receptacle. The sheriff of each county shall
30.15maintain or contract for the maintenance of at least one collection receptacle for the disposal
30.16of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
30.17as permitted by federal law. For purposes of this section, "legend drug" has the meaning
30.18given in section 151.01, subdivision 17. The collection receptacle must comply with federal
30.19law. In maintaining and operating the collection receptacle, the sheriff shall follow all
30.20applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305,
30.211307, and 1317, as amended through May 1, 2017.
30.22 Sec. 5. Minnesota Statutes 2016, section 171.015, is amended by adding a subdivision to
30.23read:
30.24 Subd. 7. Rulemaking limitation. (a) Notwithstanding any law to the contrary, the
30.25commissioner is prohibited from adopting any final rule that amends, conflicts with, or has
30.26the effect of modifying requirements in Minnesota Rules, parts 7410.0100 to 7410.0800.
30.27(b) This subdivision does not constitute authorization for the commissioner to adopt
30.28rules absent authority otherwise provided by other law.
30.29EFFECTIVE DATE.This section is effective the day following final enactment.
31.1 Sec. 6. Minnesota Statutes 2016, section 243.05, subdivision 1, is amended to read:
31.2 Subdivision 1. Conditional release. (a) The commissioner of corrections may parole
31.3any person sentenced to confinement in any state correctional facility for adults under the
31.4control of the commissioner of corrections, provided that:
31.5(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
31.6than murder committed in violation of clause (1) of section609.185 who has not been
31.7previously convicted of a felony shall be paroled without having served 20 years, less the
31.8diminution that would have been allowed for good conduct had the sentence been for 20
31.9years;
31.10(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
31.11has been previously convicted of a felony or though not previously convicted of a felony
31.12is serving a life sentence for murder in the first degree committed in violation of clause (1)
31.13of section609.185 shall be paroled without having served 25 years, less the diminution
31.14which would have been allowed for good conduct had the sentence been for 25 years;
31.15(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
31.16had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
31.17(4) any new rule or policy or change of rule or policy adopted by the commissioner of
31.18corrections which has the effect of postponing eligibility for parole has prospective effect
31.19only and applies only with respect to persons committing offenses after the effective date
31.20of the new rule or policy or change.
31.21(b) Upon being paroled and released, an inmate is and remains in the legal custody and
31.22under the control of the commissioner, subject at any time to be returned to a facility of the
31.23Department of Corrections established by law for the confinement or treatment of convicted
31.24persons and the parole rescinded by the commissioner.
31.25(c) The written order of the commissioner of corrections, is sufficient authority for any
31.26peace officer, state correctional investigator, or state parole and probation agent to retake
31.27and place in actual custody any person on parole or supervised release. In addition, when
31.28it appears necessary in order to prevent escape or enforce discipline, any state parole and
31.29probation agent or state correctional investigator may, without order of warrant, take and
31.30detain a parolee or person on supervised release or work release and bring the person to the
31.31commissioner for action.
31.32(d) The written order of the commissioner of corrections is sufficient authority for any
31.33peace officer, state correctional investigator, or state parole and probation agent to retake
32.1and place in actual custody any person on probation under the supervision of the
32.2commissioner pursuant to section609.135 . Additionally, when it appears necessary in order
32.3to prevent escape or enforce discipline, any state parole and probation agent or state
32.4correctional investigator may, without an order, retake and detain a probationer and bring
32.5the probationer before the court for further proceedings under section609.14 .
32.6(e) The written order of the commissioner of corrections is sufficient authority for any
32.7peace officer, state correctional investigator, or state parole and probation agent to detain
32.8any person on pretrial release who absconds from pretrial release or fails to abide by the
32.9conditions of pretrial release.
32.10(f) Persons conditionally released, and those on probation under the supervision of the
32.11commissioner of corrections pursuant to section609.135 may be placed within or outside
32.12the boundaries of the state at the discretion of the commissioner of corrections or the court,
32.13and the limits fixed for these persons may be enlarged or reduced according to their conduct.
32.14(g) Except as otherwise provided in subdivision 1b, in considering applications for
32.15conditional release or discharge, the commissioner is not required to hear oral argument
32.16from any attorney or other person not connected with an adult correctional facility of the
32.17Department of Corrections in favor of or against the parole or release of any inmates. The
32.18commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
32.19as to the previous history, physical or mental condition, and character of the inmate and, to
32.20that end, has the authority to require the attendance of the chief executive officer of any
32.21state adult correctional facility and the production of the records of these facilities, and to
32.22compel the attendance of witnesses. The commissioner is authorized to administer oaths to
32.23witnesses for these purposes.
32.24(h) Unless the district court directs otherwise, state parole and probation agents may
32.25require a person who is under the supervision of the commissioner of corrections to perform
32.26community work service for violating a condition of probation imposed by the court.
32.27Community work service may be imposed for the purpose of protecting the public, to aid
32.28the offender's rehabilitation, or both. Agents may impose up to eight hours of community
32.29work service for each violation and up to a total of 24 hours per offender per 12-month
32.30period, beginning with the date on which community work service is first imposed. The
32.31commissioner may authorize an additional 40 hours of community work services, for a total
32.32of 64 hours per offender per 12-month period, beginning with the date on which community
32.33work service is first imposed. At the time community work service is imposed, parole and
32.34probation agents are required to provide written notice to the offender that states:
33.1(1) the condition of probation that has been violated;
33.2(2) the number of hours of community work service imposed for the violation; and
33.3(3) the total number of hours of community work service imposed to date in the 12-month
33.4period.
33.5An offender may challenge the imposition of community work service by filing a petition
33.6in district court. An offender must file the petition within five days of receiving written
33.7notice that community work service is being imposed. If the offender challenges the
33.8imposition of community work service, the state bears the burden of showing, by a
33.9preponderance of the evidence, that the imposition of community work service is reasonable
33.10under the circumstances.
33.11Community work service includes sentencing to service.
33.12(i) Prior to revoking a nonviolent controlled substance offender's parole or probation
33.13based on a technical violation, when the offender does not present a risk to the public and
33.14the offender is amenable to continued supervision in the community, a parole or probation
33.15agent must identify community options to address and correct the violation including, but
33.16not limited to, inpatient chemical dependency treatment. If a probation or parole agent
33.17determines that community options are appropriate, the agent shall seek to restructure the
33.18offender's terms of release to incorporate those options. If an offender on probation stipulates
33.19in writing to restructure the terms of release, a probation agent must forward a report to the
33.20district court containing:
33.21(1) the specific nature of the technical violation of probation;
33.22(2) the recommended restructure to the terms of probation; and
33.23(3) a copy of the offender's signed stipulation indicating that the offender consents to
33.24the restructuring of probation.
33.25The recommended restructuring of probation becomes effective when confirmed by a
33.26judge. The order of the court shall be proof of such confirmation and amend the terms of
33.27the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
33.28offender's parole or probation is revoked, the offender's agent must first attempt to place
33.29the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
33.30offender" is a person who meets the criteria described under section 244.0513, subdivision
33.312, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
33.32of probation or a condition of parole, except an allegation of a subsequent criminal act that
33.33is alleged in a formal complaint, citation, or petition.
34.1 Sec. 7. Minnesota Statutes 2016, section 243.17, subdivision 1, is amended to read:
34.2 Subdivision 1. Allowed expenses. Thenecessary expenses of sheriffs and other peace
34.3officers commissioner of management and budget shall pay out of the state treasury to the
34.4commissioner of corrections each fiscal year the amount necessary to offset expenses
34.5incurredin conveying to convey convicted persons and children adjudicated delinquent and
34.6committed to the custody of the commissioner of corrections to the appropriate adult or
34.7juvenile correctional facility as designated by the commissioner of corrections, including
34.8per diem and expenses of correctional officers, shall be allowed by the commissioner
of
34.9management and budget and paid out of the state treasury. The commissioner of management
34.10and budget may allow and pay for the necessary expenses incurred by the sheriff, deputy,
34.11or other peace officer in going to and returning from the correctional facility and
$10 per
34.12day for each correctional officer. Not more than one correctional officer shall be
allowed
34.13for one prisoner, but one additional correctional officer shall be allowed for every
two
34.14additional prisoners. All bills shall be in writing, fully itemized, verified, and
accompanied
34.15by the receipt of the chief executive officer of the facility for the delivery of
the convicted
34.16or adjudicated persons, in a form prescribed by the commissioner of management and
34.17budget. The total amount of payments shall not exceed $500,000 each fiscal year. Payments
34.18shall be made one or two times each fiscal year based on a fee schedule agreed to by the
34.19Department of Corrections and the Minnesota Sheriffs' Association.
34.20 Sec. 8. Minnesota Statutes 2016, section 244.05, subdivision 3, is amended to read:
34.21 Subd. 3. Sanctions for violation. If an inmate violates the conditions of the inmate's
34.22supervised release imposed by the commissioner, the commissioner may:
34.23(1) continue the inmate's supervised release term, with or without modifying or enlarging
34.24the conditions imposed on the inmate; or
34.25(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
34.26period of time.
34.27Prior to revoking a nonviolent controlled substance offender's supervised release based
34.28on a technical violation, when the offender does not present a risk to the public and the
34.29offender is amenable to continued supervision in the community, the commissioner must
34.30identify community options to address and correct the violation including, but not limited
34.31to, inpatient chemical dependency treatment. If the commissioner determines that community
34.32options are appropriate, the commissioner shall restructure the inmate's terms of release to
34.33incorporate those options. If a nonviolent controlled substance offender's supervised release
34.34is revoked, the offender's agent must first attempt to place the offender in a local jail. For
35.1purposes of this subdivision, "nonviolent controlled substance offender" is a person who
35.2meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2), and (5),
35.3and "technical violation" means a violation of a condition of supervised release, except an
35.4allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
35.5petition.
35.6The period of time for which a supervised release may be revoked may not exceed the
35.7period of time remaining in the inmate's sentence, except that if a sex offender is sentenced
35.8and conditionally released under Minnesota Statutes 2004, section609.108, subdivision 5 ,
35.9the period of time for which conditional release may be revoked may not exceed the balance
35.10of the conditional release term.
35.11 Sec. 9. Minnesota Statutes 2016, section 244.198, is amended by adding a subdivision to
35.12read:
35.13 Subd. 1a. Alternatives to incarceration. At a sanctions conference regarding a
35.14nonviolent controlled substance offender, when the offender does not present a risk to the
35.15public and the offender is amenable to continued supervision in the community, a probation
35.16agency must identify community options to address and correct the violation including, but
35.17not limited to, inpatient chemical dependency treatment. If the agency determines that
35.18community options are appropriate, the county probation officer shall recommend a sanction
35.19that incorporates those options. For purposes of this subdivision, "nonviolent controlled
35.20substance offender" is a person who meets the criteria described under section 244.0513,
35.21subdivision 2, clauses (1), (2), and (5).
35.22 Sec. 10. Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
35.23 Subd. 2. Railroad and pipeline safety account. (a) A railroad and pipeline safety
35.24account is created in the special revenue fund. The account consists of funds collected under
35.25subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
35.26 (b) $104,000 is annually appropriated from the railroad and pipeline safety account to
35.27the commissioner of the Pollution Control Agency for environmental protection activities
35.28related to railroad discharge preparedness under chapter 115E.
35.29(c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
35.30the railroad and pipeline safety account to the commissioner of transportation for improving
35.31safety at railroad grade crossings.
36.1(d) Following the appropriation inparagraph paragraphs (b) and (c), the remaining
36.2money in the account is annually appropriated to the commissioner of public safety for the
36.3purposes specified in subdivision 3.
36.4 Sec. 11. Minnesota Statutes 2016, section 299C.46, subdivision 6, is amended to read:
36.5 Subd. 6. Orders for protection and no contact orders. (a) As used in this subdivision,
36.6"no contact orders" include orders issued as pretrial orders under section629.72, subdivision
36.72 , orders under section
629.75 , and orders issued as probationary or sentencing orders at
36.8the time of disposition in a criminal domestic abuse case.
36.9(b) The data communications network must include orders for protection issued under
36.10section518B.01 and, harassment restraining orders, and no contact orders issued against
36.11adults and juveniles. A no contact order must be accompanied by a photograph of the
36.12offender for the purpose of enforcement of the order, if a photograph is available and verified
36.13by the court to be an image of the defendant.
36.14(c) Data from orders for protection, harassment restraining orders, or no contact orders
36.15and data entered by law enforcement to assist in the enforcement of those orders are classified
36.16as private data on individuals as defined in section13.02, subdivision 12 . Data about the
36.17offender can be shared with the victim for purposes of enforcement of the order.
36.18 Sec. 12. Minnesota Statutes 2016, section 609.14, is amended by adding a subdivision to
36.19read:
36.20 Subd. 2a. Alternatives to incarceration. (a) A probation agent must present the court
36.21with local options to address and correct the violation including, but not limited to, inpatient
36.22chemical dependency treatment when the defendant at a summary hearing provided by
36.23subdivision 2 is:
36.24(1) a nonviolent controlled substance offender;
36.25(2) subject to supervised probation;
36.26(3) appearing based on a technical violation; and
36.27(4) admitting or found to have violated any of the conditions of probation.
36.28(b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
36.29person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
36.30(2), and (5), and "technical violation" has the meaning given in section 244.196, subdivision
36.316.
37.1 Sec. 13. Minnesota Statutes 2016, section 609.475, is amended to read:
37.2609.475 IMPERSONATINGOFFICER A MILITARY SERVICE MEMBER,
37.3VETERAN, OR PUBLIC OFFICIAL.
37.4Whoever falsely impersonatesa police or military officer an active or reserve component
37.5military service member, veteran, or public official with intent tomislead another into
37.6believing that the impersonator is actually such officer or official wrongfully obtain money,
37.7property, or any other tangible benefit is guilty of a misdemeanor.
37.8EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
37.9committed on or after that date.
37.10 Sec. 14. [609.4751] IMPERSONATING A PEACE OFFICER.
37.11 Subdivision 1. Misdemeanor. Whoever falsely impersonates a peace officer with intent
37.12to mislead another into believing that the impersonator is actually an officer is guilty of a
37.13misdemeanor.
37.14 Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 while committing any
37.15of the following acts is guilty of a gross misdemeanor:
37.16(1) gaining access to a public building or government facility that is not open to the
37.17public;
37.18(2) without legal authority, directing or ordering another person to act or refrain from
37.19acting;
37.20(3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section
37.21169.68; or
37.22(4) operating a motor vehicle marked:
37.23(i) with the word or words "police," "patrolman," "sheriff," "deputy," "trooper," "state
37.24patrol," "conservation officer," "agent," or "marshal"; or
37.25(ii) with any lettering, marking, or insignia, or colorable imitation thereof, including,
37.26but not limited to, stars, badges, or shields identifying the vehicle as a law enforcement
37.27vehicle, and which a reasonable person would believe is a law enforcement vehicle governed
37.28under section 169.98, subdivision 1.
37.29 Subd. 3. Felony. Whoever violates this section within five years of a previous violation
37.30of this section is guilty of a felony and may be sentenced to imprisonment for not more than
37.31two years or to payment of a fine of not more than $4,000, or both.
38.1EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
38.2committed on or after that date.
38.3 Sec. 15. Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:
38.4 Subdivision 1. Criminal damage to property in the first degree. Whoever intentionally
38.5causes damage to physical property of another without the latter's consent may be sentenced
38.6to imprisonment for not more than five years or to payment of a fine of not more than
38.7$10,000, or both, if:
38.8 (1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or
38.9 (2) the property damaged was a public safety motor vehicle, the defendant knew the
38.10vehicle was a public safety motor vehicle, and the damage to the vehicle caused a substantial
38.11interruption or impairment of public safety service or a reasonably foreseeable risk of bodily
38.12harm; or
38.13 (3) the property damaged belongs to a common carrier and the damage impairs the
38.14service to the public rendered by the carrier; or
38.15(3) (4) the damage reduces the value of the property by more than $1,000 measured by
38.16the cost of repair and replacement; or
38.17(4) (5) the damage reduces the value of the property by more than $500 measured by
38.18the cost of repair and replacement and the defendant has been convicted within the preceding
38.19three years of an offense under this subdivision or subdivision 2.
38.20 In any prosecution under clause(3) (4), the value of any property damaged by the
38.21defendant in violation of that clause within any six-month period may be aggregated and
38.22the defendant charged accordingly in applying the provisions of this section; provided that
38.23when two or more offenses are committed by the same person in two or more counties, the
38.24accused may be prosecuted in any county in which one of the offenses was committed for
38.25all of the offenses aggregated under this paragraph.
38.26EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
38.27committed on or after that date.
38.28 Sec. 16. Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:
38.29 Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise
38.30provided in subdivision 1a, whoever intentionally causes damage to another person's physical
38.31property without the other person's consent may be sentenced to imprisonment for not more
39.1than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
39.2reduces the value of the property by more than $500 but not more than $1,000 as measured
39.3by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
39.4and the defendant knew the vehicle was a public safety motor vehicle.
39.5 (b) Whoever intentionally causes damage to another person's physical property without
39.6the other person's consent because of the property owner's or another's actual or perceived
39.7race, color, religion, sex, sexual orientation, disability as defined in section363A.03 , age,
39.8or national origin may be sentenced to imprisonment for not more than one year or to
39.9payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
39.10property by not more than $500.
39.11 (c) In any prosecution under paragraph (a), clause (1), the value of property damaged
39.12by the defendant in violation of that paragraph within any six-month period may be
39.13aggregated and the defendant charged accordingly in applying this section. When two or
39.14more offenses are committed by the same person in two or more counties, the accused may
39.15be prosecuted in any county in which one of the offenses was committed for all of the
39.16offenses aggregated under this paragraph.
39.17EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
39.18committed on or after that date.
39.19 Sec. 17. Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision
39.20to read:
39.21 Subd. 4. Definitions. (a) As used in this section, "public safety motor vehicle" includes:
39.22(1) marked vehicles used by law enforcement agencies and specially marked vehicles
39.23permitted under section 169.98, subdivision 2a, owned or leased by the state or a political
39.24subdivision;
39.25(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the
39.26state or a political subdivision;
39.27(3) ambulances owned or leased by the state or a political subdivision;
39.28(4) vehicles owned by ambulance services licensed under section 144E.10 that are
39.29equipped and specifically intended for emergency response or providing ambulance services;
39.30and
39.31(5) marked vehicles used by conservation officers of the Division of Enforcement and
39.32Field Service of the Department of Natural Resources.
40.1(b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a), clause (2),
40.2"damage" includes tampering with a public safety motor vehicle and acts that obstruct or
40.3interfere with the vehicle's use.
40.4EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
40.5committed on or after that date.
40.6 Sec. 18. Minnesota Statutes 2016, section 609.605, is amended by adding a subdivision
40.7to read:
40.8 Subd. 4a. Trespass on a school bus. (a) As used in this subdivision, "school bus" has
40.9the meaning given in section 169.011, subdivision 71.
40.10(b) As used in this subdivision, "pupils" means persons in grades prekindergarten through
40.11grade 12.
40.12(c) A person who boards a school bus when the bus is on its route or otherwise in
40.13operation, or while it has pupils on it, and who refuses to leave the bus on demand of the
40.14bus operator, is guilty of a misdemeanor.
40.15EFFECTIVE DATE.This section is effective August 1, 2017, and applies to violations
40.16committed on or after that date.
40.17 Sec. 19. [609.6057] GEOGRAPHIC RESTRICTION.
40.18 Subdivision 1. Definition. As used in this section, "geographic restriction" means a
40.19limitation prohibiting a defendant in a criminal proceeding or a juvenile offender in a
40.20delinquency proceeding from entering a designated property or geographic area.
40.21 Subd. 2. Prohibited conduct; penalty. A person who knows of a geographic restriction
40.22order issued against the person and intentionally enters or remains in the restricted area is
40.23guilty of a misdemeanor.
40.24 Subd. 3. Notice. (a) A geographic restriction may be issued as a pretrial order before
40.25final disposition of the underlying criminal case, as a postconviction probationary order, or
40.26both. A geographic restriction order is independent of any condition of pretrial release or
40.27probation imposed on the defendant. A geographic restriction order may be issued in addition
40.28to a similar restriction imposed as a condition of pretrial release or probation.
40.29(b) A court may issue a geographic restriction upon a finding that its issuance will serve
40.30the interests of protecting public safety or property. In making that determination, a court
40.31shall consider the following factors:
41.1(1) whether a defendant's presence in a restricted area creates a risk to public safety or
41.2property;
41.3(2) a defendant's criminal history;
41.4(3) the likelihood of future criminal activity within the restricted area; and
41.5(4) any other factors deemed relevant by the court.
41.6(c) A court may grant any exceptions to a geographic restriction that it deems necessary
41.7in order to avoid the imposition of a significant hardship upon a defendant. In determining
41.8whether to grant an exception, a court shall also consider the impact of the exception on the
41.9interests of protecting public safety or property.
41.10(d) A geographic restriction order under this section shall be issued in a proceeding that
41.11is separate from but which may be held immediately following a proceeding in which any
41.12pretrial release or sentencing issues are decided.
41.13(e) A court issuing a geographic restriction order under this section shall notify a
41.14defendant:
41.15(1) of the area subject to a geographic restriction; and
41.16(2) that violation of the geographic restriction order is a crime.
41.17 Subd. 4. Cancellation. (a) A court shall cancel a pretrial geographic restriction order at
41.18the final disposition of the underlying criminal case.
41.19(b) A court shall cancel a postconviction geographic restriction order when an offender
41.20completes a period of probationary supervision or is committed to the commissioner of
41.21corrections.
41.22(c) A court may cancel a postconviction geographic restriction order at any time during
41.23which an offender is under probationary supervision.
41.24EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
41.25committed on or after that date.
41.26 Sec. 20. Minnesota Statutes 2016, section 609.748, subdivision 3, is amended to read:
41.27 Subd. 3. Contents of petition; hearing; notice. (a) A petition for relief must allege
41.28facts sufficient to show the following:
41.29 (1) the name of the alleged harassment victim;
41.30 (2) the name of the respondent; and
42.1 (3) that the respondent has engaged in harassment.
42.2A petition for relief must state whether the petitioner has had a previous restraining order
42.3in effect against the respondent. The petition shall be accompanied by an affidavit made
42.4under oath stating the specific facts and circumstances from which relief is sought. The
42.5court shall provide simplified forms and clerical assistance to help with the writing and
42.6filing of a petition under this section and shall advise the petitioner of the right to sue in
42.7forma pauperis under section563.01 . The court shall advise the petitioner of the right to
42.8request a hearing. If the petitioner does not request a hearing, the court shall advise the
42.9petitioner that the respondent may request a hearing and that notice of the hearing date and
42.10time will be provided to the petitioner by mail at least five days before the hearing. Upon
42.11receipt of the petition and a request for a hearing by the petitioner, the court shall order a
42.12hearing. Personal service must be made upon the respondent not less than five days before
42.13the hearing. If personal service cannot be completed in time to give the respondent the
42.14minimum notice required under this paragraph, the court may set a new hearing date. Nothing
42.15in this section shall be construed as requiring a hearing on a matter that has no merit.
42.16 (b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued
42.17under subdivision 4 may be served on the respondent by means of a one-week published
42.18notice under section645.11 , if:
42.19 (1) the petitioner files an affidavit with the court stating that an attempt at personal
42.20service made by asheriff peace officer was unsuccessful because the respondent is avoiding
42.21service by concealment or otherwise; and
42.22 (2) a copy of the petition and order for hearing and any temporary restraining order has
42.23been mailed to the respondent at the respondent's residence or place of business, if the
42.24respondent is an organization, or the respondent's residence or place of business is not known
42.25to the petitioner.
42.26 (c) Regardless of the method of service, if the respondent is a juvenile, whenever possible,
42.27the court also shall have notice of the pendency of the case and of the time and place of the
42.28hearing served by mail at the last known address upon any parent or guardian of the juvenile
42.29respondent who is not the petitioner.
42.30 (d) A request for a hearing under this subdivision must be made within 20 days of service
42.31of the petition.
43.1 Sec. 21. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
43.2 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this
43.3section are waived for the petitioner if the petition alleges acts that would constitute a
43.4violation of section609.749, subdivision 2 , 3, 4, or 5, or sections
609.342 to
609.3451 . The
43.5court administrator andthe sheriff of any county any peace officer in this state shall perform
43.6their duties relating to service of process without charge to the petitioner. The court shall
43.7direct payment of the reasonable costs of service of process if served by a private process
43.8server whenthe sheriff a peace officer is unavailable or if service is made by publication.
43.9The court may direct a respondent to pay to the court administrator the petitioner's filing
43.10fees and reasonable costs of service of process if the court determines that the respondent
43.11has the ability to pay the petitioner's fees and costs.
43.12 Sec. 22. Minnesota Statutes 2016, section 609.748, subdivision 5, is amended to read:
43.13 Subd. 5. Restraining order. (a) The court may issue a restraining order that provides
43.14any or all of the following:
43.15(1) orders the respondent to cease or avoid the harassment of another person; or
43.16(2) orders the respondent to have no contact with another person.
43.17(b) The court may issue an order under paragraph (a) if all of the following occur:
43.18 (1) the petitioner has filed a petition under subdivision 3;
43.19 (2)the sheriff a peace officer has served respondent with a copy of the temporary
43.20restraining order obtained under subdivision 4, and with notice of the right to request a
43.21hearing, or service has been made by publication under subdivision 3, paragraph (b); and
43.22 (3) the court finds at the hearing that there are reasonable grounds to believe that the
43.23respondent has engaged in harassment.
43.24A restraining order may be issued only against the respondent named in the petition; except
43.25that if the respondent is an organization, the order may be issued against and apply to all of
43.26the members of the organization. If the court finds that the petitioner has had two or more
43.27previous restraining orders in effect against the same respondent or the respondent has
43.28violated a prior or existing restraining order on two or more occasions, relief granted by the
43.29restraining order may be for a period of up to 50 years. In all other cases, relief granted by
43.30the restraining order must be for a fixed period of not more than two years. When a referee
43.31presides at the hearing on the petition, the restraining order becomes effective upon the
43.32referee's signature.
44.1 (c) An order issued under this subdivision must be personally served upon the respondent.
44.2 (d) If the court orders relief for a period of up to 50 years under paragraph (a), the
44.3respondent named in the restraining order may request to have the restraining order vacated
44.4or modified if the order has been in effect for at least five years and the respondent has not
44.5violated the order. Application for relief under this paragraph must be made in the county
44.6in which the restraining order was issued. Upon receipt of the request, the court shall set a
44.7hearing date. Personal service must be made upon the petitioner named in the restraining
44.8order not less than 30 days before the date of the hearing. At the hearing, the respondent
44.9named in the restraining order has the burden of proving by a preponderance of the evidence
44.10that there has been a material change in circumstances and that the reasons upon which the
44.11court relied in granting the restraining order no longer apply and are unlikely to occur. If
44.12the court finds that the respondent named in the restraining order has met the burden of
44.13proof, the court may vacate or modify the order. If the court finds that the respondent named
44.14in the restraining order has not met the burden of proof, the court shall deny the request and
44.15no request may be made to vacate or modify the restraining order until five years have
44.16elapsed from the date of denial. An order vacated or modified under this paragraph must
44.17be personally served on the petitioner named in the restraining order.
44.18 Sec. 23. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
44.19to read:
44.20 Subd. 5a. Short-form notification. (a) In lieu of personal service of a harassment
44.21restraining order, a peace officer may serve a person with a short-form notification. The
44.22short-form notification must include the following clauses: the respondent's name; the
44.23respondent's date of birth, if known; the petitioner's name; the names of other protected
44.24parties; the date and county in which the temporary restraining order or restraining order
44.25was filed; the court file number; the hearing date and time, if known; the conditions that
44.26apply to the respondent, either in checklist form or handwritten; and the name of the judge
44.27who signed the order.
44.28The short-form notification must be in bold print in the following form:
44.29"The restraining order is now enforceable. You must report to your nearest sheriff's
44.30office or county court to obtain a copy of the restraining order. You are subject to arrest
44.31and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any
44.32of the terms of the restraining order or this short-form notification."
44.33(b) Upon verification of the identity of the respondent and the existence of an unserved
44.34harassment restraining order against the respondent, a law enforcement officer may detain
45.1the respondent for a reasonable time necessary to complete and serve the short-form
45.2notification.
45.3(c) When service is made by short-form notification, it may be proved by the affidavit
45.4of the law enforcement officer making the service.
45.5(d) For service under this section only, service upon an individual may occur at any
45.6time, including Sundays and legal holidays.
45.7(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short
45.8form to law enforcement agencies.
45.9EFFECTIVE DATE.This section is effective 30 days following publication of a notice
45.10on the Bureau of Criminal Apprehension's website that a computer system is available to
45.11send harassment restraining order data from the Minnesota judicial branch to law
45.12enforcement.
45.13 Sec. 24. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
45.14to read:
45.15 Subd. 5b. Service by others. In addition to peace officers, corrections officers, including
45.16but not limited to probation officers, court services officers, parole officers, and employees
45.17of jails or correctional facilities, may serve a temporary restraining order or restraining
45.18order.
45.19 Sec. 25. Minnesota Statutes 2016, section 624.714, subdivision 17, is amended to read:
45.20 Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about his or her person
45.21or clothes under a permit or otherwise who remains at a private establishment knowing that
45.22the operator of the establishment or its agent has made a reasonable request that firearms
45.23not be brought into the establishment may be ordered to leave the premises. A person who
45.24fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense
45.25must not exceed $25. Notwithstanding section609.531 , a firearm carried in violation of
45.26this subdivision is not subject to forfeiture.
45.27(b) As used in this subdivision, the terms in this paragraph have the meanings given.
45.28(1) "Reasonable request" means a request made under the following circumstances:
45.29(i) the requester has prominently posted a conspicuous sign at every entrance to the
45.30establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
45.31BANS GUNS IN THESE PREMISES."; or
46.1(ii) the requester or the requester's agent personally informs the person that guns are
46.2prohibited in the premises and demands compliance.
46.3(2) "Prominently" means readily visible and within four feet laterally of the entrance
46.4with the bottom of the sign at a height of four to six feet above the floor.
46.5(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height
46.6against a bright contrasting background that is at least 187 square inches in area.
46.7(4) "Private establishment" means a building, structure, or portion thereof that is owned,
46.8leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.
46.9(c) The owner or operator of a private establishment may not prohibit the lawful carry
46.10or possession of firearms in a parking facility or parking area.
46.11(d) The owner or operator of a private establishment may not prohibit the lawful carry
46.12or possession of firearms by a peace officer, as defined in section 626.84, subdivision 1,
46.13paragraph (c), within the private establishment or deny the officer access thereto, except
46.14when specifically authorized by statute. The owner or operator of the private establishment
46.15may require the display of official credentials issued by the agency that employs the peace
46.16officer prior to granting the officer entry into the private establishment.
46.17(d) (e) This subdivision does not apply to private residences. The lawful possessor of a
46.18private residence may prohibit firearms, and provide notice thereof, in any lawful manner.
46.19(e) (f) A landlord may not restrict the lawful carry or possession of firearms by tenants
46.20or their guests.
46.21(f) (g) Notwithstanding any inconsistent provisions in section
609.605 , this subdivision
46.22sets forth the exclusive criteria to notify a permit holder when otherwise lawful firearm
46.23possession is not allowed in a private establishment and sets forth the exclusive penalty for
46.24such activity.
46.25(g) (h) This subdivision does not apply to:
46.26(1) an active licensed peace officer; or
46.27(2) a security guard acting in the course and scope of employment. The owner or operator
46.28of a private establishment may require the display of official credentials issued by the
46.29company, which must be licensed by the Private Detective and Protective Agent Services
46.30Board, that employs the security guard and the guard's permit card prior to granting the
46.31guard entrance into the private establishment.
47.1 Sec. 26. [626.8469] TRAINING IN CRISIS RESPONSE, CONFLICT
47.2MANAGEMENT, AND CULTURAL DIVERSITY.
47.3 Subdivision 1. In-service training required. Beginning July 1, 2018, the chief law
47.4enforcement officer of every state and local law enforcement agency shall provide in-service
47.5training in crisis intervention and mental illness crises; conflict management and mediation;
47.6and recognizing and valuing community diversity and cultural differences to include implicit
47.7bias training to every peace officer and part-time peace officer employed by the agency.
47.8The training shall comply with learning objectives developed and approved by the board
47.9and shall meet board requirements for board-approved continuing education credit. The
47.10training shall consist of at least 16 continuing education credits within an officer's three-year
47.11licensing cycle. Each peace officer with a license renewal date after June 30, 2018, is not
47.12required to complete this training until the officer's next full three-year licensing cycle.
47.13 Subd. 2. Record keeping required. The head of every local and state law enforcement
47.14agency shall maintain written records of the agency's compliance with the requirements of
47.15subdivision 1. The documentation is subject to periodic review by the board, and shall be
47.16made available to the board at its request.
47.17 Subd. 3. Licensing sanctions; injunctive relief. The board may impose licensing
47.18sanctions and seek injunctive relief under section 214.11 for failure to comply with the
47.19requirements of this section.
47.20 Sec. 27. Laws 2009, chapter 59, article 3, section 4, subdivision 3, as amended by Laws
47.212011, chapter 87, section 1, subdivision 3, is amended to read:
47.22 Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an eligible
47.23city or county may contract with a third party to create and administer the diversion program.
47.24A third party administering the program under this section must annually provide to the city
47.25or county a copy of an annual independent audit. At a minimum, the audit shall include the
47.26following:
47.27(1) the amount charged for program fees;
47.28(2) the total number of participants in the pilot program;
47.29(3) the total amount of money collected from participants in the pilot program;
47.30(4) the total amount of money, detailed by category, paid or applied to reinstatement
47.31fees, surcharges, criminal and traffic fines, and program fees;
48.1(5) the number of participants who successfully completed the pilot program in the
48.2previous year;
48.3(6) the number of participants terminated from the pilot program under subdivision 7,
48.4paragraph (a), clauses (1) to (3);
48.5(7) the reimbursement policy for all payments listed under clause (4); and
48.6(8) the amount of all payments listed under clause (4) retained from participants who
48.7were terminated from the program.
48.8The third party administering the program must pay the cost of the audit.
48.9 Sec. 28. Laws 2009, chapter 59, article 3, section 4, subdivision 8, as amended by Laws
48.102011, chapter 87, section 1, subdivision 8, is amended to read:
48.11 Subd. 8. Report. (a) By February 1,2013 2019, the commissioner of public safety and
48.12each eligible city and county that participates in the diversion program shall report to the
48.13legislative committees with jurisdiction over transportation and the judiciary concerning
48.14the results of the program.The report must be made electronically and available in print
48.15only upon request. At a minimum, the report must include, without limitation, the effect of
48.16the program on:
48.17(1) recidivism rates for participants in the diversion pilot program;
48.18(2) paymentof the information for reinstatement fees, surcharges, and criminal fines
48.19collected in the diversion pilot programto cities, counties, and the state;
48.20(3) educational support provided to participants in the diversion pilot program;and
48.21(4) the total number of participants in the diversion pilot programand;
48.22(5) the number of participants who have terminated from the pilot program under
48.23subdivision 7, paragraph (a), clauses (1) to (3); and
48.24(6) the names of all third-party program administrators and their program fee refund
48.25policy, and, for each administrator the amount charged for program fees, and the amount
48.26of program fees retained from participants who have terminated from the program.
48.27 (b) The report must include recommendations regarding the future of the program and
48.28any necessary legislative changes.
49.1 Sec. 29. Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws
49.22010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, and Laws
49.32013, chapter 127, section 60, is amended to read:
49.4 Subd. 9. Sunset. A city or county participating in this pilot program may accept an
49.5individual for diversion into the pilot program until June 30,2017 2019. The third party
49.6administering the diversion program may collect and disburse fees collected pursuant to
49.7subdivision 6, paragraph (a), clause (2), through December 31,2018 2020, at which time
49.8the pilot program under this section expires.
49.9 Sec. 30. ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.
49.10(a) Agencies providing supervision to offenders on probation, parole, or supervised
49.11release are eligible for grants to facilitate access to community options including, but not
49.12limited to, inpatient chemical dependency treatment for nonviolent controlled substance
49.13offenders to address and correct behavior that is, or is likely to result in, a technical violation
49.14of the conditions of release. For purposes of this section, "nonviolent controlled substance
49.15offender" is a person who meets the criteria described under Minnesota Statutes, section
49.16244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means a violation
49.17of a court order of probation, condition of parole, or condition of supervised release, except
49.18an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
49.19petition.
49.20(b) The Department of Corrections shall establish criteria for selecting grant recipients
49.21and the amount awarded to each grant recipient.
49.22(c) By January 15, 2019, the commissioner of corrections shall submit a report to the
49.23chairs of the house of representatives and senate committees with jurisdiction over public
49.24safety policy and finance. At a minimum, the report must include:
49.25(1) the total number of grants issued under this program;
49.26(2) the average amount of each grant;
49.27(3) the community services accessed as a result of the grants;
49.28(4) a summary of the type of supervision offenders were under when a grant was used
49.29to help access a community option;
49.30(5) the number of individuals who completed, and the number who failed to complete,
49.31programs accessed as a result of this grant; and
50.1(6) the number of individuals who violated the terms of release following participation
50.2in a program accessed as a result of this grant, separating technical violations and new
50.3criminal offenses.
50.4 Sec. 31. ASSESSMENT OF APPLETON FACILITY.
50.5(a) The commissioner of corrections shall select an independent entity to conduct a
50.6thorough assessment of the existing correctional facility located in Appleton, Minnesota.
50.7This assessment must determine the current physical state of the facility and the
50.8improvements to it, if any, that would be necessary for the department to open and operate
50.9it to house Minnesota offenders in a manner consistent with other state correctional facilities.
50.10The assessment must estimate the costs involved in upgrading, leasing or purchasing, and
50.11operating the facility.
50.12(b) By January 15, 2018, the commissioner shall report the results of the assessment to
50.13the chairs and ranking minority members of the senate and house of representatives
50.14committees having jurisdiction over criminal justice policy and finance.
50.17 Section 1. Minnesota Statutes 2016, section 357.021, subdivision 2, is amended to read:
50.18 Subd. 2. Fee amounts. The fees to be charged and collected by the court administrator
50.19shall be as follows:
50.20 (1) In every civil action or proceeding in said court, including any case arising under
50.21the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
50.22petitioner, or other moving party shall pay, when the first paper is filed for that party in said
50.23action, a fee of$310 $285, except in marriage dissolution actions the fee is $340 $315.
50.24 The defendant or other adverse or intervening party, or any one or more of several
50.25defendants or other adverse or intervening parties appearing separately from the others,
50.26shall pay, when the first paper is filed for that party in said action, a fee of$310 $285, except
50.27in marriage dissolution actions the fee is$340 $315. This subdivision does not apply to the
50.28filing of an Application for Discharge of Judgment. Section548.181 applies to an Application
50.29for Discharge of Judgment.
50.30 The party requesting a trial by jury shall pay $100.
50.31 The fees above stated shall be the full trial fee chargeable to said parties irrespective of
50.32whether trial be to the court alone, to the court and jury, or disposed of without trial, and
51.1shall include the entry of judgment in the action, but does not include copies or certified
51.2copies of any papers so filed or proceedings under chapter 103E, except the provisions
51.3therein as to appeals.
51.4 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
51.5for an uncertified copy.
51.6 (3) Issuing a subpoena, $16 for each name.
51.7 (4) Filing a motion or response to a motion in civil, family, excluding child support, and
51.8guardianship cases,$100 $75.
51.9 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
51.10injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
51.11mentioned, $55.
51.12 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
51.13from another court, $40.
51.14 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
51.15judgment, $5.
51.16 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
51.17certified to.
51.18 (9) Filing and indexing trade name; or recording basic science certificate; or recording
51.19certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
51.20$5.
51.21 (10) For the filing of each partial, final, or annual account in all trusteeships, $55.
51.22 (11) For the deposit of a will, $27.
51.23 (12) For recording notary commission, $20.
51.24 (13) Filing a motion or response to a motion for modification of child support, a fee of
51.25$100 $50.
51.26 (14) All other services required by law for which no fee is provided, such fee as compares
51.27favorably with those herein provided, or such as may be fixed by rule or order of the court.
51.28 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of
51.29$75 must be assessed in accordance with section259.52, subdivision 14 , for each adoption
51.30petition filed in district court to fund the fathers' adoption registry under section259.52 .
52.1 The fees in clauses (3) and (5) need not be paid by a public authority or the party the
52.2public authority represents.
52.3 Sec. 2. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
52.4 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this
52.5section are waived for the petitioner and the respondent if the petition alleges acts that would
52.6constitute a violation of section609.749, subdivision 2 , 3, 4, or 5, or sections
609.342 to
52.7609.3451
. The court administrator and the sheriff of any county in this state shall perform
52.8their duties relating to service of process without charge to the petitioner. The court shall
52.9direct payment of the reasonable costs of service of process if served by a private process
52.10server when the sheriff is unavailable or if service is made by publication.The court may
52.11direct a respondent to pay to the court administrator the petitioner's filing fees
and reasonable
52.12costs of service of process if the court determines that the respondent has the ability
to pay
52.13the petitioner's fees and costs.
52.16 Section 1. Minnesota Statutes 2016, section 152.02, subdivision 2, is amended to read:
52.17 Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
52.18(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the
52.19following substances, including their analogs, isomers, esters, ethers, salts, and salts of
52.20isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers,
52.21and salts is possible:
52.22(1) acetylmethadol;
52.23(2) allylprodine;
52.24(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl
52.25acetate);
52.26(4) alphameprodine;
52.27(5) alphamethadol;
52.28(6) alpha-methylfentanyl benzethidine;
52.29(7) betacetylmethadol;
52.30(8) betameprodine;
53.1(9) betamethadol;
53.2(10) betaprodine;
53.3(11) clonitazene;
53.4(12) dextromoramide;
53.5(13) diampromide;
53.6(14) diethyliambutene;
53.7(15) difenoxin;
53.8(16) dimenoxadol;
53.9(17) dimepheptanol;
53.10(18) dimethyliambutene;
53.11(19) dioxaphetyl butyrate;
53.12(20) dipipanone;
53.13(21) ethylmethylthiambutene;
53.14(22) etonitazene;
53.15(23) etoxeridine;
53.16(24) furethidine;
53.17(25) hydroxypethidine;
53.18(26) ketobemidone;
53.19(27) levomoramide;
53.20(28) levophenacylmorphan;
53.21(29) 3-methylfentanyl;
53.22(30) acetyl-alpha-methylfentanyl;
53.23(31) alpha-methylthiofentanyl;
53.24(32) benzylfentanyl beta-hydroxyfentanyl;
53.25(33) beta-hydroxy-3-methylfentanyl;
53.26(34) 3-methylthiofentanyl;
53.27(35) thenylfentanyl;
54.1(36) thiofentanyl;
54.2(37) para-fluorofentanyl;
54.3(38) morpheridine;
54.4(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
54.5(40) noracymethadol;
54.6(41) norlevorphanol;
54.7(42) normethadone;
54.8(43) norpipanone;
54.9(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
54.10(45) phenadoxone;
54.11(46) phenampromide;
54.12(47) phenomorphan;
54.13(48) phenoperidine;
54.14(49) piritramide;
54.15(50) proheptazine;
54.16(51) properidine;
54.17(52) propiram;
54.18(53) racemoramide;
54.19(54) tilidine;
54.20(55) trimeperidine;
54.21(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
54.22(57)
54.233,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700);
54.24and
54.25(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl).
54.26(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
54.27and salts of isomers, unless specifically excepted or unless listed in another schedule,
54.28whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
55.1(1) acetorphine;
55.2(2) acetyldihydrocodeine;
55.3(3) benzylmorphine;
55.4(4) codeine methylbromide;
55.5(5) codeine-n-oxide;
55.6(6) cyprenorphine;
55.7(7) desomorphine;
55.8(8) dihydromorphine;
55.9(9) drotebanol;
55.10(10) etorphine;
55.11(11) heroin;
55.12(12) hydromorphinol;
55.13(13) methyldesorphine;
55.14(14) methyldihydromorphine;
55.15(15) morphine methylbromide;
55.16(16) morphine methylsulfonate;
55.17(17) morphine-n-oxide;
55.18(18) myrophine;
55.19(19) nicocodeine;
55.20(20) nicomorphine;
55.21(21) normorphine;
55.22(22) pholcodine; and
55.23(23) thebacon.
55.24(d) Hallucinogens. Any material, compound, mixture or preparation which contains any
55.25quantity of the following substances, their analogs, salts, isomers (whether optical, positional,
55.26or geometric), and salts of isomers, unless specifically excepted or unless listed in another
55.27schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is
55.28possible:
56.1(1) methylenedioxy amphetamine;
56.2(2) methylenedioxymethamphetamine;
56.3(3) methylenedioxy-N-ethylamphetamine (MDEA);
56.4(4) n-hydroxy-methylenedioxyamphetamine;
56.5(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
56.6(6) 2,5-dimethoxyamphetamine (2,5-DMA);
56.7(7) 4-methoxyamphetamine;
56.8(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
56.9(9) alpha-ethyltryptamine;
56.10(10) bufotenine;
56.11(11) diethyltryptamine;
56.12(12) dimethyltryptamine;
56.13(13) 3,4,5-trimethoxyamphetamine;
56.14(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
56.15(15) ibogaine;
56.16(16) lysergic acid diethylamide (LSD);
56.17(17) mescaline;
56.18(18) parahexyl;
56.19(19) N-ethyl-3-piperidyl benzilate;
56.20(20) N-methyl-3-piperidyl benzilate;
56.21(21) psilocybin;
56.22(22) psilocyn;
56.23(23) tenocyclidine (TPCP or TCP);
56.24(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
56.25(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
56.26(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
56.27(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
57.1(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
57.2(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
57.3(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
57.4(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
57.5(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
57.6(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
57.7(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
57.8(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
57.9(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
57.10(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
57.11(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
57.12(2-CB-FLY);
57.13(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
57.14(40) alpha-methyltryptamine (AMT);
57.15(41) N,N-diisopropyltryptamine (DiPT);
57.16(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
57.17(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
57.18(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
57.19(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
57.20(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
57.21(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
57.22(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
57.23(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
57.24(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
57.25(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
57.26(52)5-methoxy-N-methyl-N-propyltryptamine
57.275-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
57.28(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
58.1(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
58.2(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
58.3(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
58.4(57) methoxetamine (MXE);
58.5(58) 5-iodo-2-aminoindane (5-IAI);
58.6(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
58.7(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
58.8(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
58.9(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
58.10(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
58.11(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
58.12(65) N,N-Dipropyltryptamine (DPT);
58.13(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
58.14(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
58.15(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
58.16(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
58.17(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,
58.18ethketamine, NENK);and
58.19(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
58.20(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
58.21(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
58.22(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii
58.23Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant,
58.24and every compound, manufacture, salts, derivative, mixture, or preparation of the plant,
58.25its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not
58.26apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian
58.27Church, and members of the American Indian Church are exempt from registration. Any
58.28person who manufactures peyote for or distributes peyote to the American Indian Church,
59.1however, is required to obtain federal registration annually and to comply with all other
59.2requirements of law.
59.3(f) Central nervous system depressants. Unless specifically excepted or unless listed in
59.4another schedule, any material compound, mixture, or preparation which contains any
59.5quantity of the following substances, their analogs, salts, isomers, and salts of isomers
59.6whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
59.7(1) mecloqualone;
59.8(2) methaqualone;
59.9(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
59.10(4) flunitrazepam; and
59.11(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,
59.12methoxyketamine).
59.13(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
59.14material compound, mixture, or preparation which contains any quantity of the following
59.15substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the
59.16analogs, salts, isomers, and salts of isomers is possible:
59.17 (1) aminorex;
59.18(2) cathinone;
59.19(3) fenethylline;
59.20 (4) methcathinone;
59.21(5) methylaminorex;
59.22(6) N,N-dimethylamphetamine;
59.23(7) N-benzylpiperazine (BZP);
59.24(8) methylmethcathinone (mephedrone);
59.25(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
59.26(10) methoxymethcathinone (methedrone);
59.27(11) methylenedioxypyrovalerone (MDPV);
59.28(12) 3-fluoro-N-methylcathinone (3-FMC);
59.29(13) methylethcathinone (MEC);
60.1(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
60.2(15) dimethylmethcathinone (DMMC);
60.3(16) fluoroamphetamine;
60.4(17) fluoromethamphetamine;
60.5(18) α-methylaminobutyrophenone (MABP or buphedrone);
60.6(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
60.7(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
60.8(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or
60.9naphyrone);
60.10(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
60.11(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
60.12(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
60.13(25) 4-methyl-N-ethylcathinone (4-MEC);
60.14(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
60.15(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
60.16(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
60.17(29) 4-fluoro-N-methylcathinone (4-FMC);
60.18(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
60.19(31) alpha-pyrrolidinobutiophenone (α-PBP);
60.20(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
60.21(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
60.22(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);and
60.23(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
60.24(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4-chloro-PPP);
60.25(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
60.26and
60.27(38) any other substance, except bupropion or compounds listed under a different
60.28schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the
61.11-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the
61.2compound is further modified in any of the following ways:
61.3(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
61.4haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
61.5system by one or more other univalent substituents;
61.6(ii) by substitution at the 3-position with an acyclic alkyl substituent;
61.7(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
61.8methoxybenzyl groups; or
61.9(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
61.10(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically
61.11excepted or unless listed in another schedule, any natural or synthetic material, compound,
61.12mixture, or preparation that contains any quantity of the following substances, their analogs,
61.13isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence
61.14of the isomers, esters, ethers, or salts is possible:
61.15(1) marijuana;
61.16(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic
61.17equivalents of the substances contained in the cannabis plant or in the resinous extractives
61.18of the plant, or synthetic substances with similar chemical structure and pharmacological
61.19activity to those substances contained in the plant or resinous extract, including, but not
61.20limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4
61.21cis or trans tetrahydrocannabinol;
61.22(3) synthetic cannabinoids, including the following substances:
61.23(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
61.24structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
61.25alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
61.262-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
61.27extent and whether or not substituted in the naphthyl ring to any extent. Examples of
61.28naphthoylindoles include, but are not limited to:
61.29(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
61.30(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
61.31(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
61.32(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
62.1(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
62.2(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
62.3(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
62.4(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
62.5(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
62.6(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
62.7(ii) Napthylmethylindoles, which are any compounds containing a
62.81H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the
62.9indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
62.101-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
62.11substituted in the indole ring to any extent and whether or not substituted in the naphthyl
62.12ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
62.13(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
62.14(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
62.15(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole
62.16structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
62.17alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.182-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any
62.19extent, whether or not substituted in the naphthyl ring to any extent. Examples of
62.20naphthoylpyrroles include, but are not limited to,
62.21(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
62.22(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene
62.23structure with substitution at the 3-position of the indene ring by an allkyl, haloalkyl, alkenyl,
62.24cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.252-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any
62.26extent, whether or not substituted in the naphthyl ring to any extent. Examples of
62.27naphthylemethylindenes include, but are not limited to,
62.28E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
62.29(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
62.30structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
62.31alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.322-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
63.1extent, whether or not substituted in the phenyl ring to any extent. Examples of
63.2phenylacetylindoles include, but are not limited to:
63.3(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
63.4(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
63.5(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
63.6(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
63.7(vi) Cyclohexylphenols, which are compounds containing a
63.82-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic
63.9ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
63.101-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted
63.11in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not
63.12limited to:
63.13(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
63.14(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
63.15(Cannabicyclohexanol or CP 47,497 C8 homologue);
63.16(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
63.17-phenol (CP 55,940).
63.18(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure
63.19with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
63.20cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
63.212-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
63.22extent and whether or not substituted in the phenyl ring to any extent. Examples of
63.23benzoylindoles include, but are not limited to:
63.24(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
63.25(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
63.26(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
63.2748,098 or Pravadoline).
63.28(viii) Others specifically named:
63.29(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
63.30-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
64.1(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
64.2-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
64.3(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
64.4-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
64.5(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
64.6(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
64.7(XLR-11);
64.8(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
64.9(AKB-48(APINACA));
64.10(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
64.11(5-Fluoro-AKB-48);
64.12(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
64.13(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
64.14(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide
64.15(AB-PINACA);
64.16(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
64.171H-indazole-3-carboxamide (AB-FUBINACA);
64.18(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
64.19indazole-3-carboxamide(AB-CHMINACA);
64.20(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate
64.21(5-fluoro-AMB);
64.22(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
64.23(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
64.24(FUBIMINA);
64.25(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
64.26[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
64.27(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
64.28-1H-indole-3-carboxamide (5-fluoro-ABICA);
64.29(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
64.30-1H-indole-3-carboxamide;
65.1(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
65.2-1H-indazole-3-carboxamide;
65.3(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
65.4(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
65.5H-indazole-3-carboxamide (MAB-CHMINACA);
65.6(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide
65.7(ADB-PINACA);
65.8(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
65.9(X)
65.10N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide.
65.11(APP-CHMINACA);and
65.12(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
65.13(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
65.14(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended
65.15for human consumption.
65.16EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
65.17committed on or after that date.
65.18 Sec. 2. Minnesota Statutes 2016, section 152.02, subdivision 12, is amended to read:
65.19 Subd. 12. Coordination of controlled substance regulation with federal law and
65.20state statute. (a) If any substance is designated, rescheduled, or deleted as a controlled
65.21substance under federal lawand notice thereof is given to the state Board of Pharmacy, the
65.22state Board of Pharmacy shall may similarly and temporarily control the substance under
65.23this chapter, after the expiration of 30 days from publication in the Federal Register of a
65.24final order designating a substance as a controlled substance or rescheduling or deleting
a
65.25substance. Such order shall be filed with the secretary of state. If within that 30-day
period,
65.26the state Board of Pharmacy objects to inclusion, rescheduling, or deletion, it shall
publish
65.27the reasons for objection and afford all interested parties an opportunity to be heard.
At the
65.28conclusion of the hearing, the state Board of Pharmacy shall publish its decision,
which
65.29shall be subject to the provisions of chapter 14 by issuing an order and causing it to be
65.30published in the State Register and filed with the secretary of state. In issuing the order, the
65.31board is not required to engage in rulemaking. The order expires no later than 12 months
65.32after the date of issue and may not be renewed. After issuing the order, the board may
66.1permanently schedule the substance only by exercising the authority granted to it under
66.2subdivision 8.
66.3In exercising the authority granted by this chapter, the state Board of Pharmacy shall
be
66.4subject to the provisions of chapter 14.
66.5(b) The state Board of Pharmacy shall annually submit a report to the legislature on or
66.6before December 1 that specifies what changes the board made to the controlled substance
66.7schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
66.8the preceding 12 months. The report must also specify any orders issued by the board under
66.9this subdivision. The report must include specific recommendations for amending the
66.10controlled substance schedules contained in subdivisions 2 to 6, so that they conform with
66.11the controlled substance schedules maintained by the board in Minnesota Rules, parts
66.126800.4210 to 6800.4250, and with the federal schedules.
66.13 Sec. 3. Minnesota Statutes 2016, section 152.02, is amended by adding a subdivision to
66.14read:
66.15 Subd. 14. Procedural requirements. Except as otherwise permitted in this section, the
66.16Board of Pharmacy is subject to the provisions of chapter 14 in exercising the authority
66.17granted by this chapter."
66.18Delete the title and insert:
66.20relating to public safety; modifying certain provisions relating to courts, public
66.21safety, corrections, crime, and controlled substances; requesting reports; providing
66.22for penalties; appropriating money for public safety, courts, corrections, Guardian
66.23Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
66.24of Public Defense, Sentencing Guidelines, Peace Officer Standards and Training
66.25(POST) Board, and Private Detective Board;amending Minnesota Statutes 2016,
66.26sections 2.722, subdivision 1; 3.739, subdivision 1; 12.221, subdivision 6; 12B.15,
66.27subdivision 2; 13.69, subdivision 1; 152.02, subdivisions 2, 12, by adding a
66.28subdivision; 152.105; 171.015, by adding a subdivision; 243.05, subdivision 1;
66.29243.17, subdivision 1; 243.49; 244.05, subdivision 3; 244.198, by adding a
66.30subdivision; 271.21, subdivision 2; 299A.55, subdivision 2; 299A.707, subdivision
66.312; 299C.46, subdivision 6; 357.021, subdivision 2; 357.42; 358.116; 480.242,
66.32subdivision 2; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.05,
66.33subdivision 1; 486.06; 518.179, subdivision 2; 609.14, by adding a subdivision;
66.34609.475; 609.48, by adding a subdivision; 609.595, subdivisions 1, 2, by adding
66.35a subdivision; 609.605, by adding a subdivision; 609.748, subdivisions 3, 3a, 4,
66.365, by adding subdivisions; 624.714, subdivision 17; 631.52, subdivision 2; 634.36;
66.37Laws 2009, chapter 59, article 3, section 4, subdivisions 3, as amended, 8, as
66.38amended, 9, as amended; proposing coding for new law in Minnesota Statutes,
66.39chapters 134A; 609; 626; repealing Minnesota Statutes 2016, sections 486.05,
66.40subdivision 1a; 525.112."
1.3relating to public safety; creating the crime of tampering with a public safety motor
1.4vehicle; establishing criminal penalties;amending Minnesota Statutes 2016, section
1.5609.595, subdivisions 1, 2, by adding a subdivision.
1.6May 22, 2017
1.7The Honorable Kurt L. Daudt
1.8Speaker of the House of Representatives
1.9The Honorable Michelle L. Fischbach
1.10President of the Senate
1.11We, the undersigned conferees for H. F. No. 470 report that we have agreed upon the
1.12items in dispute and recommend as follows:
1.13That the Senate recede from its amendment and that H. F. No. 470 be further amended
1.14as follows:
1.15Delete everything after the enacting clause and insert:
| 1.18 |
Section 1. APPROPRIATIONS. |
||||||
1.20and for the purposes specified in this article. The appropriations are from the general fund,
1.21or another named fund, and are available for the fiscal years indicated for each purpose.
1.22The figures "2018" and "2019" used in this article mean that the appropriations listed under
1.23them are available for the fiscal year ending June 30, 2018, or June 30, 2019, respectively.
1.24"The first year" is fiscal year 2018. "The second year" is fiscal year 2019. "The biennium"
1.25is fiscal years 2018 and 2019. Appropriations for the fiscal year ending June 30, 2017, are
1.26effective the day following final enactment.
| 2.1 |
APPROPRIATIONS |
||||||
| 2.2 |
Available for the Year |
||||||
| 2.3 |
Ending June 30 |
||||||
| 2.4 |
2017 |
2018 |
2019 |
||||
| 2.5 |
Sec. 2. SUPREME COURT |
||||||
| 2.6 |
Subdivision 1.Total Appropriation |
$ |
51,036,000 |
$ |
53,419,000 |
||
2.8purpose are specified in the following
2.9subdivisions.
| 2.10 |
Subd. 2.Supreme Court Operations |
37,316,000 |
39,699,000 |
||||
2.12$5,000 each year is for a contingent account
2.13for expenses necessary for the normal
2.14operation of the court for which no other
2.15reimbursement is provided.
2.16(b) Judges' Compensation
2.17Judges' compensation is increased by two and
2.18one-half percent each year.
2.19(c) Harassment Restraining Orders
2.20$993,000 the second year is to implement the
2.21changes related to harassment restraining
2.22orders required in article 3. The base for this
2.23activity is $993,000 in fiscal years 2020 and
2.242021, and $0 in fiscal year 2022 and thereafter.
2.25(d) Information Security and Risk
2.26Management
2.27$984,000 each year is for an information
2.28security and risk management program.
| 2.29 |
Subd. 3.Civil Legal Services |
13,720,000 |
13,720,000 |
||||
2.31Family Law Matters. $948,000 each year is
2.32to improve the access of low-income clients
2.33to legal representation in family law matters.
3.1This appropriation must be distributed under
3.2Minnesota Statutes, section 480.242, to the
3.3qualified legal services program described in
3.4Minnesota Statutes, section 480.242,
3.5subdivision 2, paragraph (a). Any
3.6unencumbered balance remaining in the first
3.7year does not cancel and is available in the
3.8second year.
| 3.9 |
Sec. 3. COURT OF APPEALS |
$ |
12,311,000 |
$ |
12,629,000 |
||
3.11Judges' compensation is increased by two and
3.12one-half percent each year.
3.13(b) Base Amount
3.14The general fund base is $12,494,000 in fiscal
3.15year 2020 and thereafter.
| 3.16 |
Sec. 4. DISTRICT COURTS |
$ |
290,987,000 |
$ |
298,968,000 |
||
3.18Judges' compensation is increased by two and
3.19one-half percent each year.
3.20(b) New Trial Judges
3.21$884,000 the first year and $818,000 the
3.22second year are for two new trial court judge
3.23units.
3.24(c) Mandated Services
3.25$1,164,000 each year is for mandated court
3.26services.
3.27(d) Treatment Courts Stability
3.28$1,689,000 each year is for treatment courts
3.29stability.
| 3.30 |
Sec. 5. GUARDIAN AD LITEM BOARD |
$ |
16,157,000 |
$ |
16,713,000 |
||
4.2and $600,000 the second year are for new
4.3positions to maintain compliance with federal
4.4and state mandates.
| 4.5 |
Sec. 6. TAX COURT |
$ |
1,679,000 |
$ |
1,676,000 |
||
4.7system.
| 4.8 |
Sec. 7. UNIFORM LAWS COMMISSION |
$ |
93,000 |
$ |
93,000 |
||
| 4.9 |
Sec. 8. BOARD ON JUDICIAL STANDARDS |
$ |
486,000 |
$ |
486,000 |
||
4.11year is for special investigative and hearing
4.12costs for major disciplinary actions undertaken
4.13by the board. This appropriation does not
4.14cancel. Any unencumbered and unspent
4.15balances remain available for these
4.16expenditures until June 30, 2021.
| 4.17 |
Sec. 9. BOARD OF PUBLIC DEFENSE |
$ |
85,949,000 |
$ |
88,310,000 |
||
4.19$500,000 the first year and $1,000,000 the
4.20second year are for additional public
4.21defenders.
| 4.22 |
Sec. 10. SENTENCING GUIDELINES |
$ |
655,000 |
$ |
669,000 |
||
| 4.23 |
Sec. 11. PUBLIC SAFETY |
||||||
| 4.24 |
Subdivision 1.Total Appropriation |
$ |
195,084,000 |
$ |
195,381,000 |
||
5.5purpose are specified in the following
5.6subdivisions.
| 5.7 |
Subd. 2.Emergency Management |
5,575,000 |
4,232,000 |
||||
| 5.8 |
Appropriations by Fund |
||
| 5.9 |
General |
3,977,000 |
2,634,000 |
| 5.10 |
Environmental |
73,000 |
73,000 |
| 5.11 5.12 |
Special Revenue Fund |
1,525,000 |
1,525,000 |
5.14Teams
5.15$850,000 each year is from the fire safety
5.16account in the special revenue fund. These
5.17amounts must be used to fund the hazardous
5.18materials and chemical assessment teams. Of
5.19this amount, $100,000 the first year is for
5.20cases for which there is no identified
5.21responsible party.
5.22(b) Emergency Response Teams
5.23$675,000 each year is from the fire safety
5.24account in the special revenue fund to maintain
5.25four emergency response teams: one under the
5.26jurisdiction of the St. Cloud Fire Department
5.27or a similarly located fire department if
5.28necessary; one under the jurisdiction of the
5.29Duluth Fire Department; one under the
5.30jurisdiction of the St. Paul Fire Department;
5.31and one under the jurisdiction of the Moorhead
5.32Fire Department. The commissioner must
5.33allocate the appropriation as follows: (1)
5.34$225,000 each year to the St. Cloud Fire
5.35Department; (2) $225,000 each year to the
6.1Duluth Fire Department; (3) $125,000 each
6.2year to the St. Paul Fire Department; and (4)
6.3$100,000 each year to the Moorhead Fire
6.4Department. These are onetime appropriations.
6.5(c) Roseau County Disaster Reimbursement
6.6$1,250,000 the first year is from the general
6.7fund for distribution to Roseau County for
6.8reimbursement of costs to repair public
6.9infrastructure damaged by the 1999 and 2002
6.10floods.
6.11(d) Supplemental Nonprofit Security Grants
6.12$150,000 the first year is from the general fund
6.13for supplemental nonprofit security grants
6.14under this paragraph.
6.15Nonprofit organizations whose applications
6.16for funding through the Federal Emergency
6.17Management Agency's nonprofit security grant
6.18program have been approved by the Division
6.19of Homeland Security and Emergency
6.20Management are eligible for grants under this
6.21paragraph. No additional application shall be
6.22required for grants under this paragraph, and
6.23an application for a grant from the federal
6.24program is also an application for funding
6.25from the state supplemental program.
6.26Eligible organizations may receive grants of
6.27up to $75,000, except that the total received
6.28by any individual from both the federal
6.29nonprofit security grant program and the state
6.30supplemental nonprofit security grant program
6.31shall not exceed $75,000. Grants shall be
6.32awarded in an order consistent with the
6.33ranking given to applicants for the federal
6.34nonprofit security grant program. No grants
7.1under the state supplemental nonprofit security
7.2grant program shall be awarded until the
7.3announcement of the recipients and the
7.4amount of the grants awarded under the federal
7.5nonprofit security grant program.
7.6The commissioner may use up to one percent
7.7of the appropriation received under this
7.8paragraph to pay costs incurred by the
7.9department in administering the supplemental
7.10nonprofit security grant program.
7.11(e) Bomb Squad Reimbursements
7.12$50,000 each year is from the general fund for
7.13reimbursements to local governments for
7.14bomb squad services.
| 7.15 |
Subd. 3.Criminal Apprehension |
58,778,000 |
59,738,000 |
||||
| 7.16 |
Appropriations by Fund |
||
| 7.17 |
General |
56,397,000 |
57,312,000 |
| 7.18 7.19 |
State Government Special Revenue |
7,000 |
7,000 |
| 7.20 |
Trunk Highway |
2,374,000 |
2,419,000 |
7.22Fund
7.23Notwithstanding Minnesota Statutes, section
7.24161.20, subdivision 3, $2,374,000 the first
7.25year and $2,419,000 the second year are from
7.26the trunk highway fund for laboratory analysis
7.27related to driving-while-impaired cases.
| 7.28 |
(b) Predatory Registration System |
||||||
7.30second year are to be used to build the
7.31predatory registration system. This
7.32appropriation is available until June 30, 2020.
7.33The base for fiscal year 2020 and thereafter is
7.34$400,000 to maintain the system.
| 8.1 |
(c) BCA Investment Initiative |
||||||
8.3second year are:
8.4(1) for additional firearms examiners;
8.5(2) for additional staff in the drug chemistry
8.6lab;
8.7(3) for criminal investigators; and
8.8(4) for maintenance of the criminal history
8.9system.
| 8.10 |
(d) Harassment Restraining Orders |
||||||
8.12Criminal Apprehension to implement the
8.13changes related to harassment restraining
8.14orders required in article 3. The base for this
8.15activity is $47,000 in fiscal year 2020 and
8.16thereafter.
| 8.17 |
Subd. 4.Fire Marshal |
6,274,000 |
6,408,000 |
||||
| 8.18 |
Appropriations by Fund |
||
| 8.19 |
Special Revenue |
6,274,000 |
6,408,000 |
8.21the fire safety account in the special revenue
8.22fund and is for activities under Minnesota
8.23Statutes, section 299F.012.
8.24Inspections
8.25$300,000 each year is for inspection of nursing
8.26homes and boarding care facilities.
| 8.27 8.28 |
Subd. 5.Firefighter Training and Education Board |
5,015,000 |
5,015,000 |
||||
| 8.29 |
Appropriations by Fund |
||
| 8.30 |
Special Revenue |
5,015,000 |
5,015,000 |
8.32the fire safety account in the special revenue
9.1fund and is for activities under Minnesota
9.2Statutes, section 299F.012.
| 9.3 |
(a) Firefighter Training and Education |
||||||
9.5and education.
9.6(b) Task Force 1
9.7$500,000 each year is for the Minnesota Task
9.8Force 1.
9.9(c) Air Rescue
9.10$250,000 each year is for the Minnesota Air
9.11Rescue Team.
| 9.12 |
(d) Unappropriated Revenue |
||||||
9.14collected in fiscal year 2017 is appropriated
9.15to the commissioner of public safety for the
9.16purposes of Minnesota Statutes, section
9.17299F.012. The commissioner may transfer
9.18appropriations and base amounts between
9.19activities in this subdivision.
| 9.20 |
Subd. 6.Alcohol and Gambling Enforcement |
2,675,000 |
2,731,000 |
||||
| 9.21 |
Appropriations by Fund |
||
| 9.22 |
General |
1,917,000 |
1,967,000 |
| 9.23 |
Special Revenue |
758,000 |
764,000 |
9.25second year are from the alcohol enforcement
9.26account in the special revenue fund. Of this
9.27appropriation, $500,000 each year shall be
9.28transferred to the general fund.
9.29$70,000 each year is from the lawful gambling
9.30regulation account in the special revenue fund.
| 9.31 |
Field Agents |
||||||
10.2for field agents.
| 10.3 |
Subd. 7.Office of Justice Programs |
39,580,000 |
40,036,000 |
||||
| 10.4 |
Appropriations by Fund |
||
| 10.5 |
General |
39,484,000 |
39,940,000 |
| 10.6 10.7 |
State Government Special Revenue |
96,000 |
96,000 |
| 10.8 |
(a) OJP Administration Costs |
||||||
10.10appropriated in this subdivision may be used
10.11by the commissioner to administer the grant
10.12program.
| 10.13 |
(b) Combating Terrorism Recruitment |
||||||
10.15enforcement agencies to develop strategies
10.16and make efforts to combat the recruitment of
10.17Minnesota residents by terrorist organizations
10.18such as ISIS and al-Shabaab. This is a onetime
10.19appropriation.
| 10.20 |
(c) Sex Trafficking Prevention Grants |
||||||
10.22local units of government for the following
10.23purposes:
10.24(1) to support new or existing
10.25multijurisdictional entities to investigate sex
10.26trafficking crimes; and
10.27(2) to provide technical assistance, including
10.28training and case consultation, to law
10.29enforcement agencies statewide.
| 10.30 |
(d) Pathway to Policing Reimbursement Grants |
||||||
10.32grants to local units of government that operate
10.33pathway to policing programs intended to
10.34bring persons with nontraditional backgrounds
11.1into law enforcement. Applicants for
11.2reimbursement grants may receive up to 50
11.3percent of the cost of compensating and
11.4training pathway to policing participants.
11.5Reimbursement grants shall be proportionally
11.6allocated based on the number of grant
11.7applications approved by the commissioner.
| 11.8 |
Subd. 8.Emergency Communication Networks |
77,187,000 |
77,221,000 |
||||
11.10government special revenue fund for 911
11.11emergency telecommunications services.
11.12This appropriation includes funds for
11.13information technology project services and
11.14support subject to the provisions of Minnesota
11.15Statutes, section 16E.0466. Any ongoing
11.16information technology costs will be
11.17incorporated into the service level agreement
11.18and will be paid to the Office of MN.IT
11.19Services by the Department of Public Safety
11.20under the rates and mechanism specified in
11.21that agreement.
| 11.22 |
(a) Public Safety Answering Points |
||||||
11.24provided in Minnesota Statutes, section
11.25403.113, subdivision 2.
| 11.26 |
(b) Medical Resource Communication Centers |
||||||
11.28Minnesota Emergency Medical Services
11.29Regulatory Board for the Metro East and
11.30Metro West Medical Resource
11.31Communication Centers that were in operation
11.32before January 1, 2000.
| 11.33 |
(c) ARMER Debt Service |
||||||
12.2of management and budget to pay debt service
12.3on revenue bonds issued under Minnesota
12.4Statutes, section 403.275.
12.5Any portion of this appropriation not needed
12.6to pay debt service in a fiscal year may be used
12.7by the commissioner of public safety to pay
12.8cash for any of the capital improvements for
12.9which bond proceeds were appropriated by
12.10Laws 2005, chapter 136, article 1, section 9,
12.11subdivision 8; or Laws 2007, chapter 54,
12.12article 1, section 10, subdivision 8.
12.13(d) ARMER State Backbone Operating
12.14Costs
12.15$9,650,000 each year is to the commissioner
12.16of transportation for costs of maintaining and
12.17operating the statewide radio system
12.18backbone.
12.19(e) ARMER Improvements
12.20$1,000,000 each year is to the Statewide
12.21Emergency Communications Board for
12.22improvements to those elements of the
12.23statewide public safety radio and
12.24communication system that support mutual
12.25aid communications and emergency medical
12.26services or provide interim enhancement of
12.27public safety communication interoperability
12.28in those areas of the state where the statewide
12.29public safety radio and communication system
12.30is not yet implemented, and grants to local
12.31units of government to further the strategic
12.32goals set forth by the Statewide Emergency
12.33Communications Board strategic plan.
| 13.1 13.2 |
Sec. 12. PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD |
||||||
| 13.3 |
Subdivision 1.Total Appropriation |
$ |
10,144,000 |
$ |
10,156,000 |
||
| 13.4 |
Appropriations by Fund |
||
| 13.5 |
2018 |
2019 |
|
| 13.6 |
General |
6,000,000 |
6,000,000 |
| 13.7 |
Special Revenue |
4,144,000 |
4,156,000 |
13.9purpose are specified in the following
13.10subdivisions.
| 13.11 |
Subd. 2.Excess Amounts Transferred |
||||||
13.13the peace officer training account. Any new
13.14receipts credited to that account in the first
13.15year in excess of $4,144,000 must be
13.16transferred and credited to the general fund.
13.17Any new receipts credited to that account in
13.18the second year in excess of $4,156,000 must
13.19be transferred and credited to the general fund.
| 13.20 |
Subd. 3.Peace Officer Training Reimbursements |
||||||
13.22training account in the special revenue fund
13.23for reimbursements to local governments for
13.24peace officer training costs.
| 13.25 |
Subd. 4.Peace Officer Training Assistance |
||||||
13.27to support and strengthen law enforcement
13.28training and implement best practices. The
13.29base for this activity is $6,000,000 in fiscal
13.30years 2020 and 2021, and $0 in fiscal year
13.312022 and thereafter.
| 13.32 |
Subd. 5.De-escalation Training |
||||||
13.34training account in the special revenue fund
14.1for training state and local community safety
14.2personnel in the use of crisis de-escalation
14.3techniques. When selecting a service provider
14.4for this training, the board may consult with
14.5any postsecondary institution, any state or
14.6local governmental official, or any
14.7nongovernmental authority the board
14.8determines to be relevant. Among any other
14.9criteria the board may establish, the training
14.10provider must have a demonstrated
14.11understanding of the transitions and challenges
14.12that veterans may experience during their
14.13re-entry into society following combat service.
14.14The board must ensure that training
14.15opportunities provided are reasonably
14.16distributed statewide.
| 14.17 |
Sec. 13. PRIVATE DETECTIVE BOARD |
$ |
191,000 |
$ |
192,000 |
||
| 14.18 |
Sec. 14. CORRECTIONS |
||||||
| 14.19 14.20 |
Subdivision 1.Total Appropriation |
$ |
9,200,000 |
$ |
585,142,000 |
$ |
585,143,000 |
14.22purpose are specified in the following
14.23subdivisions.
| 14.24 14.25 |
Subd. 2.Correctional Institutions |
9,200,000 |
427,891,000 |
426,867,000 |
| 14.26 |
(a) Offender Health Care |
||||||
14.28deficiency in the base budget for the offender
14.29health care contract.
14.30$11,400,000 the first year is for the offender
14.31health care contract.
14.32Prior to entering into a new health care
14.33contract, the commissioner must identify and
14.34directly solicit bids from at least five health
15.1care organizations that provide, or are willing
15.2to provide, health care to prison inmates. In
15.3the department's next report required under
15.4Minnesota Statutes, section 241.016, after
15.5entering a new health care contract, the
15.6commissioner shall:
15.7(1) provide the names and a summary of each
15.8bid proposal from the health care organizations
15.9that submitted a proposal to provide health
15.10care to state inmates; and
15.11(2) explain, in detail, why the commissioner
15.12selected the chosen provider.
15.13The base for increased offender health care is
15.14$5,628,000 in fiscal year 2020 and thereafter.
| 15.15 |
(b) Federal Prison Rape Elimination Act |
||||||
15.17second year are to comply with requirements
15.18of the federal Prison Rape Elimination Act.
15.19The commissioner must limit the number of
15.20juveniles accepted at MCF-Red Wing so that
15.21the staffing-to-offender ratio at the facility
15.22complies with the act.
| 15.23 |
(c) Operational Costs |
||||||
15.25relevant base budgets for operational costs
15.26including offender food, plant operations, and
15.27lease of space.
| 15.28 |
(d) Critical Technology |
||||||
15.30technology needs.
| 15.31 |
Subd. 3.Community Services |
129,498,000 |
130,218,000 |
||||
16.1$696,000 each year is for Department of
16.2Corrections probation and supervised release
16.3agents.
16.4(b) Community Corrections Act
16.5$2,100,000 each year is added to the
16.6Community Corrections Act subsidy, as
16.7described in Minnesota Statutes, section
16.8401.14.
16.9(c) County Probation Officer
16.10Reimbursement
16.11$230,000 each year is added to the county
16.12probation officers reimbursement, as described
16.13in Minnesota Statutes, section 244.19,
16.14subdivision 6.
| 16.15 16.16 |
(d) Alternatives to Incarceration Pilot Program Fund |
||||||
16.18facilitate access to community treatment
16.19options under article 3, section 30.
| 16.20 |
(e) Critical Technology Needs |
||||||
16.22technology needs.
| 16.23 |
Subd. 4.Operations Support |
27,753,000 |
28,058,000 |
||||
16.25$1,638,000 each year is to support technology
16.26needs.
16.27 Sec. 15. TRANSFER; DISASTER ASSISTANCE CONTINGENCY ACCOUNT.
16.28(a) If the fiscal year 2017 final closing balance in the general fund exceeds the closing
16.29balance projected at the end of the 2017 legislative session by at least $10,000,000, the
16.30commissioner of management and budget must transfer $10,000,000 from the general fund
16.31to the disaster assistance contingency account established under Minnesota Statutes, section
16.3212.221, subdivision 6.
17.1(b) If the fiscal year 2017 final closing balance in the general fund exceeds the closing
17.2balance projected at the end of the 2017 legislative session by less than $10,000,000, the
17.3commissioner of management and budget must transfer an amount equal to the difference
17.4between the fiscal year 2017 final closing balance and the closing balance projected at the
17.5end of the 2017 legislative session from the general fund to the disaster assistance
17.6contingency account established under Minnesota Statutes, section 12.221, subdivision 6.
17.7(c) If a transfer is required under this section, the transfer must be completed before
17.8September 30, 2017.
17.11 Section 1. Minnesota Statutes 2016, section 2.722, subdivision 1, is amended to read:
17.12 Subdivision 1. Description. Effective July 1, 1959, the state is divided into ten judicial
17.13districts composed of the following named counties, respectively, in each of which districts
17.14judges shall be chosen as hereinafter specified:
17.15 1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
17.16permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
17.17and one other shall be maintained at the place designated by the chief judge of the district;
17.18 2. Ramsey; 26 judges;
17.19 3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
17.20and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert
17.21Lea, Austin, Rochester, and Winona;
17.22 4. Hennepin; 60 judges;
17.23 5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
17.24Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; 16 judges; and permanent
17.25chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
17.26 6. Carlton, St. Louis, Lake, and Cook; 15 judges;
17.27 7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
17.28Wadena;
17.29Falls, Little Falls, and St. Cloud;
18.1 8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
18.2Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
18.3shall be maintained in Morris, Montevideo, and Willmar;
18.4 9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
18.5Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
18.6Koochiching;
18.7Thief River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
18.8 10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
18.9judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places
18.10designated by the chief judge of the district.
18.11 Sec. 2. Minnesota Statutes 2016, section 13.69, subdivision 1, is amended to read:
18.12 Subdivision 1. Classifications. (a) The following government data of the Department
18.13of Public Safety are private data:
18.14 (1) medical data on driving instructors, licensed drivers, and applicants for parking
18.15certificates and special license plates issued to physically disabled persons;
18.16 (2) other data on holders of a disability certificate under section
18.17data that are not medical data may be released to law enforcement agencies, and (ii) data
18.18necessary for enforcement of sections
18.19enforcement employees or parking enforcement agents of statutory or home rule charter
18.20cities and towns;
18.21 (3) Social Security numbers in driver's license and motor vehicle registration records,
18.22except that Social Security numbers must be provided to the Department of Revenue for
18.23purposes of tax administration, the Department of Labor and Industry for purposes of
18.24workers' compensation administration and enforcement, the judicial branch for purposes of
18.25debt collection, and the Department of Natural Resources for purposes of license application
18.26administration; and
18.27 (4) data on persons listed as standby or temporary custodians under section
18.28subdivision 11
18.29 (i) law enforcement agencies for the purpose of verifying that an individual is a designated
18.30caregiver; or
19.1 (ii) law enforcement agencies who state that the license holder is unable to communicate
19.2at that time and that the information is necessary for notifying the designated caregiver of
19.3the need to care for a child of the license holder.
19.4 The department may release the Social Security number only as provided in clause (3)
19.5and must not sell or otherwise provide individual Social Security numbers or lists of Social
19.6Security numbers for any other purpose.
19.7 (b) The following government data of the Department of Public Safety are confidential
19.8data: data concerning an individual's driving ability when that data is received from a member
19.9of the individual's family.
19.10 Sec. 3. [134A.17] TRANSFERS TO COUNTY.
19.11If the Sherburne County Law Library, through its trustees, has a fiscal reserve that is
19.12projected to sustain its operations for a period of over five years, the Sherburne County Law
19.13Library may transfer up to half of the money in its fiscal reserve, but not to exceed $200,000,
19.14to Sherburne County to defray costs of constructing a new building to house the law library
19.15and courts.
19.16 Sec. 4. Minnesota Statutes 2016, section 243.49, is amended to read:
19.17243.49 COMMITMENT PAPERS; DUTY OF COURT ADMINISTRATOR.
19.18Upon a plea of guilty or finding of guilty after trial, the court administrator of every
19.19court which sentences a defendant for a felony or gross misdemeanor to the custody of the
19.20commissioner of corrections or to the superintendent of the workhouse or work farm, shall
19.21provide the officer or person having custody of the defendant a certified record for
19.22commitment, including
19.23
19.24
19.25
19.26
19.27
19.28
19.29
19.30include the trial judge's impressions of the defendant's mental and physical condition, general
19.31character, capacity, disposition, habits and special needs.
19.32
19.33any postconviction proceeding brought by the defendant. The court administrator shall also
20.1deliver to the sheriff or other officer or person conveying the defendant to the correctional
20.2facility, workhouse, or work farm designated by the commissioner of corrections or the
20.3judge a warrant of commitment together with a certified copy of the warrant directing the
20.4conveyor to deliver the person and the certified record for commitment to the principal
20.5officer in charge of the correctional facility, workhouse, or work farm. Upon the delivery
20.6of any person, the principal officer in charge of the correctional facility, workhouse, or work
20.7farm shall keep the certified copy of the warrant of commitment and endorse the principal
20.8officer's receipt upon the original, which shall be filed with the sentencing court. The court
20.9administrator shall retain
20.10court reporter's notes of all
20.11 Sec. 5. Minnesota Statutes 2016, section 271.21, subdivision 2, is amended to read:
20.12 Subd. 2. Jurisdiction. At the election of the taxpayer, the Small Claims Division shall
20.13have jurisdiction only in the following matters:
20.14(a) cases involving valuation, assessment, or taxation of real or personal property, if:
20.15(i) the issue is a denial of a current year application for the homestead classification for
20.16the taxpayer's property;
20.17(ii) only one parcel is included in the petition, the entire parcel is classified as homestead
20.18class 1a or 1b under section
20.19(iii) the entire property is classified as agricultural homestead class 2a or 1b under section
20.21(iv) the assessor's estimated market value of the property included in the petition is less
20.22than $300,000; or
20.23(b) any case not involving valuation, assessment, or taxation of real and personal property
20.24in which the amount in controversy does not exceed
20.25interest.
20.26EFFECTIVE DATE.This section is effective the day following final enactment.
20.27 Sec. 6. Minnesota Statutes 2016, section 299A.707, subdivision 2, is amended to read:
20.28 Subd. 2. Account purpose, grants. Money in this account shall be allocated by a grant
20.29program administered by the commissioner of public safety through the Office of Justice
20.30Programs. Local units of government and nonprofit organizations are eligible for grants to
20.31establish or operate chemical dependency and mental health treatment programs, programs
21.1that improve supervision, including pretrial and precharge supervision, and programs to
21.2reduce recidivism of controlled substances offenders on probation or supervised release or
21.3participating in
21.4initiatives approved by the Judicial Council.
21.5 Sec. 7. Minnesota Statutes 2016, section 357.42, is amended to read:
21.6357.42
21.7 (a) When a court establishes a
21.8or more fees for services provided to defendants participating in the process.
21.9 (b) In each fiscal year, the court shall deposit the
21.10in the special revenue fund and credit the fees to a separate account for the trial courts. The
21.11balance in this account is appropriated to the trial courts and does not cancel but is available
21.12until expended. Expenditures from this account must be made for
21.13purposes.
21.14 Sec. 8. Minnesota Statutes 2016, section 358.116, is amended to read:
21.15358.116 COURT DOCUMENTS.
21.16Unless specifically required by court rule, a pleading, motion, affidavit, or other document
21.17filed with a court of the Minnesota judicial branch, or presented to a judge or judicial officer
21.18in support of a request for a court order, warrant, or other relief, is not required to be
21.19notarized. Signing a document filed with the court or presented to a judge or judicial officer
21.20constitutes "verification upon oath or affirmation" as defined in section
21.21without administration of an oath under section
21.22defined by court rules, is affixed immediately below a declaration using substantially the
21.23following language: "I declare under penalty of perjury that everything I have stated in this
21.24document is true and correct." In addition to the signature, the date of signing and the county
21.25and state where the document was signed shall be noted on the document. A person who
21.26signs knowing that the document is false in any material respect is guilty of perjury under
21.27section
21.28 Sec. 9. Minnesota Statutes 2016, section 480.242, subdivision 2, is amended to read:
21.29 Subd. 2. Review of applications; selection of recipients. At times and in accordance
21.30with any procedures as the Supreme Court adopts in the form of court rules, applications
21.31for the expenditure of civil legal services funds shall be accepted from qualified legal services
21.32programs or from local government agencies and nonprofit organizations seeking to establish
22.1qualified alternative dispute resolution programs. The applications shall be reviewed by the
22.2advisory committee, and the advisory committee, subject to review by the Supreme Court,
22.3shall distribute the funds available for this expenditure to qualified legal services programs
22.4or to qualified alternative dispute resolution programs submitting applications. The funds
22.5shall be distributed in accordance with the following formula:
22.6(a) Eighty-five percent of the funds distributed shall be distributed to qualified legal
22.7services programs that have demonstrated an ability as of July 1, 1982, to provide legal
22.8services to persons unable to afford private counsel with funds provided by the federal Legal
22.9Services Corporation. The allocation of funds among the programs selected shall be based
22.10upon the number of persons with incomes below the poverty level established by the United
22.11States Census Bureau who reside in the geographical area served by each program, as
22.12determined by the Supreme Court on the basis of the most recent national census. All funds
22.13distributed pursuant to this clause shall be used for the provision of legal services in civil
22.14and farm legal assistance matters as prioritized by program boards of directors to eligible
22.15clients.
22.16(b) Fifteen percent of the funds distributed may be distributed (1) to other qualified legal
22.17services programs for the provision of legal services in civil matters to eligible clients,
22.18including programs which organize members of the private bar to perform services and
22.19programs for qualified alternative dispute resolution, (2) to programs for training mediators
22.20operated by nonprofit alternative dispute resolution corporations, or (3) to qualified legal
22.21services programs to provide family farm legal assistance for financially distressed state
22.22farmers. The family farm legal assistance must be directed at farm financial problems
22.23including, but not limited to, liquidation of farm property including bankruptcy, farm
22.24foreclosure, repossession of farm assets, restructuring or discharge of farm debt, farm credit
22.25and general debtor-creditor relations, and tax considerations. If all the funds to be distributed
22.26pursuant to this clause cannot be distributed because of insufficient acceptable applications,
22.27the remaining funds shall be distributed pursuant to clause (a).
22.28A person is eligible for legal assistance under this section if the person is an eligible
22.29client as defined in section
22.30(1) is a state resident;
22.31(2) is or has been a farmer or a family shareholder of a family farm corporation within
22.32the preceding 24 months;
22.33(3) has a debt-to-asset ratio greater than 50 percent; and
23.1
23.2
23.3
23.4guidelines established under section 480.243, subdivision 1.
23.5Qualifying farmers and small business operators whose bank loans are held by the Federal
23.6Deposit Insurance Corporation are eligible for legal assistance under this section.
23.7 Sec. 10. Minnesota Statutes 2016, section 484.70, subdivision 7, is amended to read:
23.8 Subd. 7. Referee duties. The duties and powers of referees shall be as follows:
23.9(a) Hear and report all matters assigned by the chief judge.
23.10(b) Recommend findings of fact, conclusions of law, temporary and interim orders, and
23.11final orders for judgment.
23.12All recommended orders and findings of a referee shall be subject to confirmation by a
23.13judge.
23.14(c) Upon the conclusion of the hearing in each case, the referee shall transmit to a judge
23.15the court file together with recommended findings and orders in writing. The recommended
23.16findings and orders of a referee become the findings and orders of the court when confirmed
23.17by a judge. The order of the court shall be proof of such confirmation, and also of the fact
23.18that the matter was duly referred to the referees.
23.19(d) Review of any recommended order or finding of a referee by a judge may be by
23.20notice served and filed within ten days of effective notice of the recommended order or
23.21finding. The notice of review shall specify the grounds for review and the specific provisions
23.22of the recommended findings or orders disputed, and the court, upon receipt of a notice of
23.23review, shall set a time and place for a review hearing.
23.24(e) All orders and findings recommended by a referee become an effective order when
23.25countersigned by a judge and remain effective during the pendency of a review, including
23.26a remand to the referee, unless a judge:
23.27(1) expressly stays the effect of the order;
23.28(2) changes the order during the pendency of the review; or
23.29(3) changes or vacates the order upon completion of the review.
24.1(f) Notwithstanding paragraphs (d) and (e), referee orders and decrees in probate or civil
24.2commitment court proceedings, if appealed, must be appealed directly to the Court of
24.3Appeals, in the same manner as judicial orders and decrees.
24.4 Sec. 11. Minnesota Statutes 2016, section 484.702, is amended by adding a subdivision
24.5to read:
24.6 Subd. 6. Expedited child support process. Hearings and proceedings conducted in the
24.7expedited child support process under this section may be reported by use of electronic
24.8recording equipment provided that the equipment meets the minimum standards established
24.9by the state court administrator. Electronic recording equipment must be operated and
24.10monitored by a person who meets the minimum qualifications established by the state court
24.11administrator.
24.12 Sec. 12. Minnesota Statutes 2016, section 486.05, subdivision 1, is amended to read:
24.13 Subdivision 1. Salaries. The salary for each court reporter shall be set
24.14
24.15bargaining agreements within the range established under section
24.16the judicial branch personnel rules.
24.17 Sec. 13. Minnesota Statutes 2016, section 486.06, is amended to read:
24.18486.06 CHARGE FOR TRANSCRIPT.
24.19In addition to the salary set in section
24.20transcript of a record ordered by any person other than the judge
24.21
24.22
24.23
24.24A court reporter may impose a fee authorized under this section only if the transcript is
24.25delivered to the person who ordered it within a reasonable time after it was ordered.
24.26 Sec. 14. Minnesota Statutes 2016, section 518.179, subdivision 2, is amended to read:
24.27 Subd. 2. Applicable crimes. This section applies to the following crimes or similar
24.28crimes under the laws of the United States, or any other state:
24.29(1) murder in the first, second, or third degree under section
24.30(2) manslaughter in the first degree under section
25.1(3) assault in the first, second, or third degree under section
25.2(4) kidnapping under section
25.3(5) depriving another of custodial or parental rights under section
25.4(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
25.5a minor under section
25.6(7) criminal sexual conduct in the first degree under section
25.7(8) criminal sexual conduct in the second degree under section
25.8(9) criminal sexual conduct in the third degree under section
25.9paragraph (c), (f), or (g);
25.10(10) solicitation of a child to engage in sexual conduct under section
25.11(11) incest under section
25.12(12) malicious punishment of a child under section
25.13(13) neglect of a child under section
25.14(14) terroristic threats under section
25.15(15) felony stalking under section
25.16(16) domestic assault by strangulation under section 609.2247.
25.17 Sec. 15. Minnesota Statutes 2016, section 609.48, is amended by adding a subdivision to
25.18read:
25.19 Subd. 5. Venue. A violation of subdivision 1, clause (4), may be prosecuted in the county
25.20where the statement, under penalty of perjury, was signed, or the county of the district court
25.21in which the statement was filed.
25.22 Sec. 16. Minnesota Statutes 2016, section 609.748, subdivision 4, is amended to read:
25.23 Subd. 4. Temporary restraining order; relief by court. (a) The court may issue a
25.24temporary restraining order that provides any or all of the following:
25.25(1) orders the respondent to cease or avoid the harassment of another person; or
25.26(2) orders the respondent to have no contact with another person.
25.27(b) The court may issue an order under paragraph (a) if the petitioner files a petition in
25.28compliance with subdivision 3 and if the court finds reasonable grounds to believe that the
26.1respondent has engaged in harassment. When a petition alleges harassment as defined by
26.2subdivision 1, paragraph (a), clause (1), the petition must further allege an immediate and
26.3present danger of harassment before the court may issue a temporary restraining order under
26.4this section. When signed by a referee, the temporary order becomes effective upon the
26.5referee's signature.
26.6(c) Notice need not be given to the respondent before the court issues a temporary
26.7restraining order under this subdivision. A copy of the restraining order must be served on
26.8the respondent along with the order for hearing and petition, as provided in subdivision 3.
26.9If the respondent is a juvenile, whenever possible, a copy of the restraining order, along
26.10with notice of the pendency of the case and the time and place of the hearing, shall also be
26.11served by mail at the last known address upon any parent or guardian of the juvenile
26.12respondent who is not the petitioner. A temporary restraining order may be entered only
26.13against the respondent named in the petition.
26.14(d) The temporary restraining order is in effect until a hearing is held on the issuance of
26.15a restraining order under subdivision 5. The court shall hold the hearing on the issuance of
26.16a restraining order if the petitioner requests a hearing. The hearing may be continued by the
26.17court upon a showing that the respondent has not been served with a copy of the temporary
26.18restraining order despite the exercise of due diligence or if service is made by published
26.19notice under subdivision 3 and the petitioner files the affidavit required under that
26.20subdivision.
26.21(e) If the temporary restraining order has been issued and the respondent requests a
26.22hearing, the hearing shall be scheduled by the court upon receipt of the respondent's request.
26.23Service of the notice of hearing must be made upon the petitioner not less than five days
26.24prior to the hearing. The court shall serve the notice of the hearing upon the petitioner by
26.25mail in the manner provided in the Rules of Civil Procedure for pleadings subsequent to a
26.26complaint and motions and shall also mail notice of the date and time of the hearing to the
26.27respondent. In the event that service cannot be completed in time to give the respondent or
26.28petitioner the minimum notice required under this subdivision, the court may set a new
26.29hearing date.
26.30(f) A request for a hearing under this subdivision must be made within
26.31
26.32 Sec. 17. Minnesota Statutes 2016, section 631.52, subdivision 2, is amended to read:
26.33 Subd. 2. Application. Subdivision 1 applies to the following crimes or similar crimes
26.34under the laws of the United States or any other state:
27.1(1) murder in the first, second, or third degree under section
27.2(2) manslaughter in the first degree under section
27.3(3) assault in the first, second, or third degree under section
27.4(4) kidnapping under section
27.5(5) depriving another of custodial or parental rights under section
27.6(6) soliciting, inducing, promoting, or receiving profit derived from prostitution involving
27.7a minor under section
27.8(7) criminal sexual conduct in the first degree under section
27.9(8) criminal sexual conduct in the second degree under section
27.10(9) criminal sexual conduct in the third degree under section
27.11paragraph (c), (f), or (g);
27.12(10) solicitation of a child to engage in sexual conduct under section
27.13(11) incest under section
27.14(12) malicious punishment of a child under section
27.15(13) neglect of a child under section
27.16(14) terroristic threats under section
27.17(15) felony stalking under section
27.18(16) domestic assault by strangulation under section 609.2247.
27.19 Sec. 18. Minnesota Statutes 2016, section 634.36, is amended to read:
27.20634.36 EVIDENCE OF VIDEOTAPES, AUDIOTAPES, OR OTHER
27.21RECORDINGS.
27.22In any hearing or trial of a criminal offense or petty misdemeanor or proceeding pursuant
27.23to section
27.24recording prepared by a peace officer, using recording equipment in a law enforcement
27.25vehicle or on the officer's person, while in the performance of official duties shall not be
27.26excluded on the ground that a written transcript of the recording was not prepared and
27.27available at or prior to trial. As used in this section, "peace officer" has the meaning given
27.28in section
28.1EFFECTIVE DATE.This section is effective July 1, 2017, and applies to trials and
28.2hearings beginning on or after that date.
28.3 Sec. 19. REPEALER.
28.4Minnesota Statutes 2016, sections 486.05, subdivision 1a; and 525.112, are repealed.
28.7 Section 1. Minnesota Statutes 2016, section 3.739, subdivision 1, is amended to read:
28.8 Subdivision 1. Permissible claims. Claims and demands arising out of the circumstances
28.9described in this subdivision shall be presented to, heard, and determined as provided in
28.10subdivision 2:
28.11(1) an injury to or death of an inmate of a state, regional, or local correctional facility
28.12or county jail
28.13compensated or uncompensated work in the community for a state agency, a political
28.14subdivision or public corporation of this state, a nonprofit educational, medical, or social
28.15service agency, or a private business or individual,
28.16performing the work;
28.17(2) an injury to or death of a person sentenced by a court, granted a suspended sentence
28.18by a court, or subject to a court disposition order, and who
28.19work
28.20costs, or other statutorily authorized correctional fees,
28.21
28.22performing the work;
28.23(3) an injury to or death of a person, who has been diverted from the court system and
28.24who is performing work as described in
28.25signed by the person, and if a juvenile, by a parent or guardian; and
28.26(4) an injury to or death of any person caused by an individual who was performing
28.27work as described in
28.28 Sec. 2. Minnesota Statutes 2016, section 12.221, subdivision 6, is amended to read:
28.29 Subd. 6. Disaster assistance contingency account; appropriation. (a) A disaster
28.30assistance contingency account is created in the special revenue fund in the state treasury.
29.1Money in the disaster assistance contingency account is appropriated to the commissioner
29.2of public safety to provide:
29.3(1) cost-share for federal assistance under section
29.4(2) state public disaster assistance to eligible applicants under chapter 12B;
29.5(3) cost-share for federal assistance from the Federal Highway Administration emergency
29.6relief program under United States Code, title 23, section 125; and
29.7(4) cost-share for federal assistance from the United States Department of Agriculture,
29.8Natural Resources Conservation Service emergency watershed protection program under
29.9United States Code, title 16, sections 2203 to 2205.
29.10(b) For appropriations under paragraph (a), clause (1), the amount appropriated is 100
29.11percent of any nonfederal share for state agencies
29.12cooperatives. Money appropriated under paragraph (a), clause (1), may be used to pay all
29.13or a portion of the nonfederal share for publicly owned capital improvement projects.
29.14(c) For appropriations under paragraph (a), clause (2), the amount appropriated is the
29.15amount required to pay eligible claims under chapter 12B, as certified by the commissioner
29.16of public safety.
29.17(d) By January 15 of each year, the commissioner of management and budget shall
29.18submit a report to the chairs and ranking minority members of the house of representatives
29.19Ways and Means Committee and the senate Finance Committee detailing state disaster
29.20assistance appropriations and expenditures under this subdivision during the previous
29.21calendar year.
29.22(e) The governor's budget proposal submitted to the legislature under section
29.24The governor's appropriation recommendations must be informed by the commissioner of
29.25public safety's estimate of the amount of money that will be necessary to:
29.26(1) provide 100 percent of the nonfederal share for state agencies
29.27and utility cooperatives that will receive federal financial assistance from FEMA during
29.28the next biennium; and
29.29(2) fully pay all eligible claims under chapter 12B.
29.30(f) Notwithstanding section
29.31(1) funds appropriated or transferred to the disaster assistance contingency account do
29.32not lapse but remain in the account until appropriated; and
30.1(2) funds appropriated from the disaster assistance contingency account do not lapse
30.2and are available until expended.
30.3 Sec. 3. Minnesota Statutes 2016, section 12B.15, subdivision 2, is amended to read:
30.4 Subd. 2. Applicant. "Applicant" means a local government
30.5or utility cooperative that applies for state disaster assistance under this chapter.
30.6 Sec. 4. Minnesota Statutes 2016, section 152.105, is amended to read:
30.7152.105 DISPOSAL.
30.8 Subdivision 1. Disposal of controlled substances. Controlled substances listed in section
30.10of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305, 1307, and 1317, that
30.11are applicable to the disposal of controlled substances. Disposal of controlled substances
30.12and legend and nonlegend drugs must also comply with the requirements of section
30.13governing the disposal of hazardous waste, and the rules promulgated thereunder.
30.14 Subd. 2. Sheriff to maintain collection receptacle. The sheriff of each county shall
30.15maintain or contract for the maintenance of at least one collection receptacle for the disposal
30.16of noncontrolled substances, pharmaceutical controlled substances, and other legend drugs,
30.17as permitted by federal law. For purposes of this section, "legend drug" has the meaning
30.18given in section 151.01, subdivision 17. The collection receptacle must comply with federal
30.19law. In maintaining and operating the collection receptacle, the sheriff shall follow all
30.20applicable provisions of Code of Federal Regulations, title 21, parts 1300, 1301, 1304, 1305,
30.211307, and 1317, as amended through May 1, 2017.
30.22 Sec. 5. Minnesota Statutes 2016, section 171.015, is amended by adding a subdivision to
30.23read:
30.24 Subd. 7. Rulemaking limitation. (a) Notwithstanding any law to the contrary, the
30.25commissioner is prohibited from adopting any final rule that amends, conflicts with, or has
30.26the effect of modifying requirements in Minnesota Rules, parts 7410.0100 to 7410.0800.
30.27(b) This subdivision does not constitute authorization for the commissioner to adopt
30.28rules absent authority otherwise provided by other law.
30.29EFFECTIVE DATE.This section is effective the day following final enactment.
31.1 Sec. 6. Minnesota Statutes 2016, section 243.05, subdivision 1, is amended to read:
31.2 Subdivision 1. Conditional release. (a) The commissioner of corrections may parole
31.3any person sentenced to confinement in any state correctional facility for adults under the
31.4control of the commissioner of corrections, provided that:
31.5(1) no inmate serving a life sentence for committing murder before May 1, 1980, other
31.6than murder committed in violation of clause (1) of section
31.7previously convicted of a felony shall be paroled without having served 20 years, less the
31.8diminution that would have been allowed for good conduct had the sentence been for 20
31.9years;
31.10(2) no inmate serving a life sentence for committing murder before May 1, 1980, who
31.11has been previously convicted of a felony or though not previously convicted of a felony
31.12is serving a life sentence for murder in the first degree committed in violation of clause (1)
31.13of section
31.14which would have been allowed for good conduct had the sentence been for 25 years;
31.15(3) any inmate sentenced prior to September 1, 1963, who would be eligible for parole
31.16had the inmate been sentenced after September 1, 1963, shall be eligible for parole; and
31.17(4) any new rule or policy or change of rule or policy adopted by the commissioner of
31.18corrections which has the effect of postponing eligibility for parole has prospective effect
31.19only and applies only with respect to persons committing offenses after the effective date
31.20of the new rule or policy or change.
31.21(b) Upon being paroled and released, an inmate is and remains in the legal custody and
31.22under the control of the commissioner, subject at any time to be returned to a facility of the
31.23Department of Corrections established by law for the confinement or treatment of convicted
31.24persons and the parole rescinded by the commissioner.
31.25(c) The written order of the commissioner of corrections, is sufficient authority for any
31.26peace officer, state correctional investigator, or state parole and probation agent to retake
31.27and place in actual custody any person on parole or supervised release. In addition, when
31.28it appears necessary in order to prevent escape or enforce discipline, any state parole and
31.29probation agent or state correctional investigator may, without order of warrant, take and
31.30detain a parolee or person on supervised release or work release and bring the person to the
31.31commissioner for action.
31.32(d) The written order of the commissioner of corrections is sufficient authority for any
31.33peace officer, state correctional investigator, or state parole and probation agent to retake
32.1and place in actual custody any person on probation under the supervision of the
32.2commissioner pursuant to section
32.3to prevent escape or enforce discipline, any state parole and probation agent or state
32.4correctional investigator may, without an order, retake and detain a probationer and bring
32.5the probationer before the court for further proceedings under section
32.6(e) The written order of the commissioner of corrections is sufficient authority for any
32.7peace officer, state correctional investigator, or state parole and probation agent to detain
32.8any person on pretrial release who absconds from pretrial release or fails to abide by the
32.9conditions of pretrial release.
32.10(f) Persons conditionally released, and those on probation under the supervision of the
32.11commissioner of corrections pursuant to section
32.12the boundaries of the state at the discretion of the commissioner of corrections or the court,
32.13and the limits fixed for these persons may be enlarged or reduced according to their conduct.
32.14(g) Except as otherwise provided in subdivision 1b, in considering applications for
32.15conditional release or discharge, the commissioner is not required to hear oral argument
32.16from any attorney or other person not connected with an adult correctional facility of the
32.17Department of Corrections in favor of or against the parole or release of any inmates. The
32.18commissioner may institute inquiries by correspondence, taking testimony, or otherwise,
32.19as to the previous history, physical or mental condition, and character of the inmate and, to
32.20that end, has the authority to require the attendance of the chief executive officer of any
32.21state adult correctional facility and the production of the records of these facilities, and to
32.22compel the attendance of witnesses. The commissioner is authorized to administer oaths to
32.23witnesses for these purposes.
32.24(h) Unless the district court directs otherwise, state parole and probation agents may
32.25require a person who is under the supervision of the commissioner of corrections to perform
32.26community work service for violating a condition of probation imposed by the court.
32.27Community work service may be imposed for the purpose of protecting the public, to aid
32.28the offender's rehabilitation, or both. Agents may impose up to eight hours of community
32.29work service for each violation and up to a total of 24 hours per offender per 12-month
32.30period, beginning with the date on which community work service is first imposed. The
32.31commissioner may authorize an additional 40 hours of community work services, for a total
32.32of 64 hours per offender per 12-month period, beginning with the date on which community
32.33work service is first imposed. At the time community work service is imposed, parole and
32.34probation agents are required to provide written notice to the offender that states:
33.1(1) the condition of probation that has been violated;
33.2(2) the number of hours of community work service imposed for the violation; and
33.3(3) the total number of hours of community work service imposed to date in the 12-month
33.4period.
33.5An offender may challenge the imposition of community work service by filing a petition
33.6in district court. An offender must file the petition within five days of receiving written
33.7notice that community work service is being imposed. If the offender challenges the
33.8imposition of community work service, the state bears the burden of showing, by a
33.9preponderance of the evidence, that the imposition of community work service is reasonable
33.10under the circumstances.
33.11Community work service includes sentencing to service.
33.12(i) Prior to revoking a nonviolent controlled substance offender's parole or probation
33.13based on a technical violation, when the offender does not present a risk to the public and
33.14the offender is amenable to continued supervision in the community, a parole or probation
33.15agent must identify community options to address and correct the violation including, but
33.16not limited to, inpatient chemical dependency treatment. If a probation or parole agent
33.17determines that community options are appropriate, the agent shall seek to restructure the
33.18offender's terms of release to incorporate those options. If an offender on probation stipulates
33.19in writing to restructure the terms of release, a probation agent must forward a report to the
33.20district court containing:
33.21(1) the specific nature of the technical violation of probation;
33.22(2) the recommended restructure to the terms of probation; and
33.23(3) a copy of the offender's signed stipulation indicating that the offender consents to
33.24the restructuring of probation.
33.25The recommended restructuring of probation becomes effective when confirmed by a
33.26judge. The order of the court shall be proof of such confirmation and amend the terms of
33.27the sentence imposed by the court under section 609.135. If a nonviolent controlled substance
33.28offender's parole or probation is revoked, the offender's agent must first attempt to place
33.29the offender in a local jail. For purposes of this paragraph, "nonviolent controlled substance
33.30offender" is a person who meets the criteria described under section 244.0513, subdivision
33.312, clauses (1), (2), and (5), and "technical violation" means any violation of a court order
33.32of probation or a condition of parole, except an allegation of a subsequent criminal act that
33.33is alleged in a formal complaint, citation, or petition.
34.1 Sec. 7. Minnesota Statutes 2016, section 243.17, subdivision 1, is amended to read:
34.2 Subdivision 1. Allowed expenses. The
34.3
34.4commissioner of corrections each fiscal year the amount necessary to offset expenses
34.5incurred
34.6committed to the custody of the commissioner of corrections to the appropriate adult or
34.7juvenile correctional facility as designated by the commissioner of corrections
34.8
34.9
34.10
34.11
34.12
34.13
34.14
34.15
34.16
34.17
34.18shall be made one or two times each fiscal year based on a fee schedule agreed to by the
34.19Department of Corrections and the Minnesota Sheriffs' Association.
34.20 Sec. 8. Minnesota Statutes 2016, section 244.05, subdivision 3, is amended to read:
34.21 Subd. 3. Sanctions for violation. If an inmate violates the conditions of the inmate's
34.22supervised release imposed by the commissioner, the commissioner may:
34.23(1) continue the inmate's supervised release term, with or without modifying or enlarging
34.24the conditions imposed on the inmate; or
34.25(2) revoke the inmate's supervised release and reimprison the inmate for the appropriate
34.26period of time.
34.27Prior to revoking a nonviolent controlled substance offender's supervised release based
34.28on a technical violation, when the offender does not present a risk to the public and the
34.29offender is amenable to continued supervision in the community, the commissioner must
34.30identify community options to address and correct the violation including, but not limited
34.31to, inpatient chemical dependency treatment. If the commissioner determines that community
34.32options are appropriate, the commissioner shall restructure the inmate's terms of release to
34.33incorporate those options. If a nonviolent controlled substance offender's supervised release
34.34is revoked, the offender's agent must first attempt to place the offender in a local jail. For
35.1purposes of this subdivision, "nonviolent controlled substance offender" is a person who
35.2meets the criteria described under section 244.0513, subdivision 2, clauses (1), (2), and (5),
35.3and "technical violation" means a violation of a condition of supervised release, except an
35.4allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
35.5petition.
35.6The period of time for which a supervised release may be revoked may not exceed the
35.7period of time remaining in the inmate's sentence, except that if a sex offender is sentenced
35.8and conditionally released under Minnesota Statutes 2004, section
35.9the period of time for which conditional release may be revoked may not exceed the balance
35.10of the conditional release term.
35.11 Sec. 9. Minnesota Statutes 2016, section 244.198, is amended by adding a subdivision to
35.12read:
35.13 Subd. 1a. Alternatives to incarceration. At a sanctions conference regarding a
35.14nonviolent controlled substance offender, when the offender does not present a risk to the
35.15public and the offender is amenable to continued supervision in the community, a probation
35.16agency must identify community options to address and correct the violation including, but
35.17not limited to, inpatient chemical dependency treatment. If the agency determines that
35.18community options are appropriate, the county probation officer shall recommend a sanction
35.19that incorporates those options. For purposes of this subdivision, "nonviolent controlled
35.20substance offender" is a person who meets the criteria described under section 244.0513,
35.21subdivision 2, clauses (1), (2), and (5).
35.22 Sec. 10. Minnesota Statutes 2016, section 299A.55, subdivision 2, is amended to read:
35.23 Subd. 2. Railroad and pipeline safety account. (a) A railroad and pipeline safety
35.24account is created in the special revenue fund. The account consists of funds collected under
35.25subdivision 4 and funds donated, allotted, transferred, or otherwise provided to the account.
35.26 (b) $104,000 is annually appropriated from the railroad and pipeline safety account to
35.27the commissioner of the Pollution Control Agency for environmental protection activities
35.28related to railroad discharge preparedness under chapter 115E.
35.29(c) $600,000 in fiscal year 2018 and $600,000 in fiscal year 2019 are appropriated from
35.30the railroad and pipeline safety account to the commissioner of transportation for improving
35.31safety at railroad grade crossings.
36.1(d) Following the appropriation in
36.2money in the account is annually appropriated to the commissioner of public safety for the
36.3purposes specified in subdivision 3.
36.4 Sec. 11. Minnesota Statutes 2016, section 299C.46, subdivision 6, is amended to read:
36.5 Subd. 6. Orders for protection and no contact orders. (a) As used in this subdivision,
36.6"no contact orders" include orders issued as pretrial orders under section
36.72
36.8the time of disposition in a criminal domestic abuse case.
36.9(b) The data communications network must include orders for protection issued under
36.10section
36.11adults and juveniles. A no contact order must be accompanied by a photograph of the
36.12offender for the purpose of enforcement of the order, if a photograph is available and verified
36.13by the court to be an image of the defendant.
36.14(c) Data from orders for protection, harassment restraining orders, or no contact orders
36.15and data entered by law enforcement to assist in the enforcement of those orders are classified
36.16as private data on individuals as defined in section
36.17offender can be shared with the victim for purposes of enforcement of the order.
36.18 Sec. 12. Minnesota Statutes 2016, section 609.14, is amended by adding a subdivision to
36.19read:
36.20 Subd. 2a. Alternatives to incarceration. (a) A probation agent must present the court
36.21with local options to address and correct the violation including, but not limited to, inpatient
36.22chemical dependency treatment when the defendant at a summary hearing provided by
36.23subdivision 2 is:
36.24(1) a nonviolent controlled substance offender;
36.25(2) subject to supervised probation;
36.26(3) appearing based on a technical violation; and
36.27(4) admitting or found to have violated any of the conditions of probation.
36.28(b) For purposes of this subdivision, "nonviolent controlled substance offender" is a
36.29person who meets the criteria described under section 244.0513, subdivision 2, clauses (1),
36.30(2), and (5), and "technical violation" has the meaning given in section 244.196, subdivision
36.316.
37.1 Sec. 13. Minnesota Statutes 2016, section 609.475, is amended to read:
37.2609.475 IMPERSONATING
37.3VETERAN, OR PUBLIC OFFICIAL.
37.4Whoever falsely impersonates
37.5military service member, veteran, or public official with intent to
37.6
37.7property, or any other tangible benefit is guilty of a misdemeanor.
37.8EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
37.9committed on or after that date.
37.10 Sec. 14. [609.4751] IMPERSONATING A PEACE OFFICER.
37.11 Subdivision 1. Misdemeanor. Whoever falsely impersonates a peace officer with intent
37.12to mislead another into believing that the impersonator is actually an officer is guilty of a
37.13misdemeanor.
37.14 Subd. 2. Gross misdemeanor. Whoever violates subdivision 1 while committing any
37.15of the following acts is guilty of a gross misdemeanor:
37.16(1) gaining access to a public building or government facility that is not open to the
37.17public;
37.18(2) without legal authority, directing or ordering another person to act or refrain from
37.19acting;
37.20(3) violating section 169.64, subdivision 2, 3, or 4, or the siren provisions of section
37.21169.68; or
37.22(4) operating a motor vehicle marked:
37.23(i) with the word or words "police," "patrolman," "sheriff," "deputy," "trooper," "state
37.24patrol," "conservation officer," "agent," or "marshal"; or
37.25(ii) with any lettering, marking, or insignia, or colorable imitation thereof, including,
37.26but not limited to, stars, badges, or shields identifying the vehicle as a law enforcement
37.27vehicle, and which a reasonable person would believe is a law enforcement vehicle governed
37.28under section 169.98, subdivision 1.
37.29 Subd. 3. Felony. Whoever violates this section within five years of a previous violation
37.30of this section is guilty of a felony and may be sentenced to imprisonment for not more than
37.31two years or to payment of a fine of not more than $4,000, or both.
38.1EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
38.2committed on or after that date.
38.3 Sec. 15. Minnesota Statutes 2016, section 609.595, subdivision 1, is amended to read:
38.4 Subdivision 1. Criminal damage to property in the first degree. Whoever intentionally
38.5causes damage to physical property of another without the latter's consent may be sentenced
38.6to imprisonment for not more than five years or to payment of a fine of not more than
38.7$10,000, or both, if:
38.8 (1) the damage to the property caused a reasonably foreseeable risk of bodily harm; or
38.9 (2) the property damaged was a public safety motor vehicle, the defendant knew the
38.10vehicle was a public safety motor vehicle, and the damage to the vehicle caused a substantial
38.11interruption or impairment of public safety service or a reasonably foreseeable risk of bodily
38.12harm; or
38.13 (3) the property damaged belongs to a common carrier and the damage impairs the
38.14service to the public rendered by the carrier; or
38.15
38.16the cost of repair and replacement; or
38.17
38.18the cost of repair and replacement and the defendant has been convicted within the preceding
38.19three years of an offense under this subdivision or subdivision 2.
38.20 In any prosecution under clause
38.21defendant in violation of that clause within any six-month period may be aggregated and
38.22the defendant charged accordingly in applying the provisions of this section; provided that
38.23when two or more offenses are committed by the same person in two or more counties, the
38.24accused may be prosecuted in any county in which one of the offenses was committed for
38.25all of the offenses aggregated under this paragraph.
38.26EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
38.27committed on or after that date.
38.28 Sec. 16. Minnesota Statutes 2016, section 609.595, subdivision 2, is amended to read:
38.29 Subd. 2. Criminal damage to property in the third degree. (a) Except as otherwise
38.30provided in subdivision 1a, whoever intentionally causes damage to another person's physical
38.31property without the other person's consent may be sentenced to imprisonment for not more
39.1than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
39.2reduces the value of the property by more than $500 but not more than $1,000 as measured
39.3by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
39.4and the defendant knew the vehicle was a public safety motor vehicle.
39.5 (b) Whoever intentionally causes damage to another person's physical property without
39.6the other person's consent because of the property owner's or another's actual or perceived
39.7race, color, religion, sex, sexual orientation, disability as defined in section
39.8or national origin may be sentenced to imprisonment for not more than one year or to
39.9payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
39.10property by not more than $500.
39.11 (c) In any prosecution under paragraph (a), clause (1), the value of property damaged
39.12by the defendant in violation of that paragraph within any six-month period may be
39.13aggregated and the defendant charged accordingly in applying this section. When two or
39.14more offenses are committed by the same person in two or more counties, the accused may
39.15be prosecuted in any county in which one of the offenses was committed for all of the
39.16offenses aggregated under this paragraph.
39.17EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
39.18committed on or after that date.
39.19 Sec. 17. Minnesota Statutes 2016, section 609.595, is amended by adding a subdivision
39.20to read:
39.21 Subd. 4. Definitions. (a) As used in this section, "public safety motor vehicle" includes:
39.22(1) marked vehicles used by law enforcement agencies and specially marked vehicles
39.23permitted under section 169.98, subdivision 2a, owned or leased by the state or a political
39.24subdivision;
39.25(2) fire apparatuses, including fire-suppression support vehicles, owned or leased by the
39.26state or a political subdivision;
39.27(3) ambulances owned or leased by the state or a political subdivision;
39.28(4) vehicles owned by ambulance services licensed under section 144E.10 that are
39.29equipped and specifically intended for emergency response or providing ambulance services;
39.30and
39.31(5) marked vehicles used by conservation officers of the Division of Enforcement and
39.32Field Service of the Department of Natural Resources.
40.1(b) As used in subdivision 1, clause (2), and subdivision 2, paragraph (a), clause (2),
40.2"damage" includes tampering with a public safety motor vehicle and acts that obstruct or
40.3interfere with the vehicle's use.
40.4EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
40.5committed on or after that date.
40.6 Sec. 18. Minnesota Statutes 2016, section 609.605, is amended by adding a subdivision
40.7to read:
40.8 Subd. 4a. Trespass on a school bus. (a) As used in this subdivision, "school bus" has
40.9the meaning given in section 169.011, subdivision 71.
40.10(b) As used in this subdivision, "pupils" means persons in grades prekindergarten through
40.11grade 12.
40.12(c) A person who boards a school bus when the bus is on its route or otherwise in
40.13operation, or while it has pupils on it, and who refuses to leave the bus on demand of the
40.14bus operator, is guilty of a misdemeanor.
40.15EFFECTIVE DATE.This section is effective August 1, 2017, and applies to violations
40.16committed on or after that date.
40.17 Sec. 19. [609.6057] GEOGRAPHIC RESTRICTION.
40.18 Subdivision 1. Definition. As used in this section, "geographic restriction" means a
40.19limitation prohibiting a defendant in a criminal proceeding or a juvenile offender in a
40.20delinquency proceeding from entering a designated property or geographic area.
40.21 Subd. 2. Prohibited conduct; penalty. A person who knows of a geographic restriction
40.22order issued against the person and intentionally enters or remains in the restricted area is
40.23guilty of a misdemeanor.
40.24 Subd. 3. Notice. (a) A geographic restriction may be issued as a pretrial order before
40.25final disposition of the underlying criminal case, as a postconviction probationary order, or
40.26both. A geographic restriction order is independent of any condition of pretrial release or
40.27probation imposed on the defendant. A geographic restriction order may be issued in addition
40.28to a similar restriction imposed as a condition of pretrial release or probation.
40.29(b) A court may issue a geographic restriction upon a finding that its issuance will serve
40.30the interests of protecting public safety or property. In making that determination, a court
40.31shall consider the following factors:
41.1(1) whether a defendant's presence in a restricted area creates a risk to public safety or
41.2property;
41.3(2) a defendant's criminal history;
41.4(3) the likelihood of future criminal activity within the restricted area; and
41.5(4) any other factors deemed relevant by the court.
41.6(c) A court may grant any exceptions to a geographic restriction that it deems necessary
41.7in order to avoid the imposition of a significant hardship upon a defendant. In determining
41.8whether to grant an exception, a court shall also consider the impact of the exception on the
41.9interests of protecting public safety or property.
41.10(d) A geographic restriction order under this section shall be issued in a proceeding that
41.11is separate from but which may be held immediately following a proceeding in which any
41.12pretrial release or sentencing issues are decided.
41.13(e) A court issuing a geographic restriction order under this section shall notify a
41.14defendant:
41.15(1) of the area subject to a geographic restriction; and
41.16(2) that violation of the geographic restriction order is a crime.
41.17 Subd. 4. Cancellation. (a) A court shall cancel a pretrial geographic restriction order at
41.18the final disposition of the underlying criminal case.
41.19(b) A court shall cancel a postconviction geographic restriction order when an offender
41.20completes a period of probationary supervision or is committed to the commissioner of
41.21corrections.
41.22(c) A court may cancel a postconviction geographic restriction order at any time during
41.23which an offender is under probationary supervision.
41.24EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
41.25committed on or after that date.
41.26 Sec. 20. Minnesota Statutes 2016, section 609.748, subdivision 3, is amended to read:
41.27 Subd. 3. Contents of petition; hearing; notice. (a) A petition for relief must allege
41.28facts sufficient to show the following:
41.29 (1) the name of the alleged harassment victim;
41.30 (2) the name of the respondent; and
42.1 (3) that the respondent has engaged in harassment.
42.2A petition for relief must state whether the petitioner has had a previous restraining order
42.3in effect against the respondent. The petition shall be accompanied by an affidavit made
42.4under oath stating the specific facts and circumstances from which relief is sought. The
42.5court shall provide simplified forms and clerical assistance to help with the writing and
42.6filing of a petition under this section and shall advise the petitioner of the right to sue in
42.7forma pauperis under section
42.8request a hearing. If the petitioner does not request a hearing, the court shall advise the
42.9petitioner that the respondent may request a hearing and that notice of the hearing date and
42.10time will be provided to the petitioner by mail at least five days before the hearing. Upon
42.11receipt of the petition and a request for a hearing by the petitioner, the court shall order a
42.12hearing. Personal service must be made upon the respondent not less than five days before
42.13the hearing. If personal service cannot be completed in time to give the respondent the
42.14minimum notice required under this paragraph, the court may set a new hearing date. Nothing
42.15in this section shall be construed as requiring a hearing on a matter that has no merit.
42.16 (b) Notwithstanding paragraph (a), the order for a hearing and a temporary order issued
42.17under subdivision 4 may be served on the respondent by means of a one-week published
42.18notice under section
42.19 (1) the petitioner files an affidavit with the court stating that an attempt at personal
42.20service made by a
42.21service by concealment or otherwise; and
42.22 (2) a copy of the petition and order for hearing and any temporary restraining order has
42.23been mailed to the respondent at the respondent's residence or place of business, if the
42.24respondent is an organization, or the respondent's residence or place of business is not known
42.25to the petitioner.
42.26 (c) Regardless of the method of service, if the respondent is a juvenile, whenever possible,
42.27the court also shall have notice of the pendency of the case and of the time and place of the
42.28hearing served by mail at the last known address upon any parent or guardian of the juvenile
42.29respondent who is not the petitioner.
42.30 (d) A request for a hearing under this subdivision must be made within 20 days of service
42.31of the petition.
43.1 Sec. 21. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
43.2 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this
43.3section are waived for the petitioner if the petition alleges acts that would constitute a
43.4violation of section
43.5court administrator and
43.6their duties relating to service of process without charge to the petitioner. The court shall
43.7direct payment of the reasonable costs of service of process if served by a private process
43.8server when
43.9The court may direct a respondent to pay to the court administrator the petitioner's filing
43.10fees and reasonable costs of service of process if the court determines that the respondent
43.11has the ability to pay the petitioner's fees and costs.
43.12 Sec. 22. Minnesota Statutes 2016, section 609.748, subdivision 5, is amended to read:
43.13 Subd. 5. Restraining order. (a) The court may issue a restraining order that provides
43.14any or all of the following:
43.15(1) orders the respondent to cease or avoid the harassment of another person; or
43.16(2) orders the respondent to have no contact with another person.
43.17(b) The court may issue an order under paragraph (a) if all of the following occur:
43.18 (1) the petitioner has filed a petition under subdivision 3;
43.19 (2)
43.20restraining order obtained under subdivision 4, and with notice of the right to request a
43.21hearing, or service has been made by publication under subdivision 3, paragraph (b); and
43.22 (3) the court finds at the hearing that there are reasonable grounds to believe that the
43.23respondent has engaged in harassment.
43.24A restraining order may be issued only against the respondent named in the petition; except
43.25that if the respondent is an organization, the order may be issued against and apply to all of
43.26the members of the organization. If the court finds that the petitioner has had two or more
43.27previous restraining orders in effect against the same respondent or the respondent has
43.28violated a prior or existing restraining order on two or more occasions, relief granted by the
43.29restraining order may be for a period of up to 50 years. In all other cases, relief granted by
43.30the restraining order must be for a fixed period of not more than two years. When a referee
43.31presides at the hearing on the petition, the restraining order becomes effective upon the
43.32referee's signature.
44.1 (c) An order issued under this subdivision must be personally served upon the respondent.
44.2 (d) If the court orders relief for a period of up to 50 years under paragraph (a), the
44.3respondent named in the restraining order may request to have the restraining order vacated
44.4or modified if the order has been in effect for at least five years and the respondent has not
44.5violated the order. Application for relief under this paragraph must be made in the county
44.6in which the restraining order was issued. Upon receipt of the request, the court shall set a
44.7hearing date. Personal service must be made upon the petitioner named in the restraining
44.8order not less than 30 days before the date of the hearing. At the hearing, the respondent
44.9named in the restraining order has the burden of proving by a preponderance of the evidence
44.10that there has been a material change in circumstances and that the reasons upon which the
44.11court relied in granting the restraining order no longer apply and are unlikely to occur. If
44.12the court finds that the respondent named in the restraining order has met the burden of
44.13proof, the court may vacate or modify the order. If the court finds that the respondent named
44.14in the restraining order has not met the burden of proof, the court shall deny the request and
44.15no request may be made to vacate or modify the restraining order until five years have
44.16elapsed from the date of denial. An order vacated or modified under this paragraph must
44.17be personally served on the petitioner named in the restraining order.
44.18 Sec. 23. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
44.19to read:
44.20 Subd. 5a. Short-form notification. (a) In lieu of personal service of a harassment
44.21restraining order, a peace officer may serve a person with a short-form notification. The
44.22short-form notification must include the following clauses: the respondent's name; the
44.23respondent's date of birth, if known; the petitioner's name; the names of other protected
44.24parties; the date and county in which the temporary restraining order or restraining order
44.25was filed; the court file number; the hearing date and time, if known; the conditions that
44.26apply to the respondent, either in checklist form or handwritten; and the name of the judge
44.27who signed the order.
44.28The short-form notification must be in bold print in the following form:
44.29"The restraining order is now enforceable. You must report to your nearest sheriff's
44.30office or county court to obtain a copy of the restraining order. You are subject to arrest
44.31and may be charged with a misdemeanor, gross misdemeanor, or felony if you violate any
44.32of the terms of the restraining order or this short-form notification."
44.33(b) Upon verification of the identity of the respondent and the existence of an unserved
44.34harassment restraining order against the respondent, a law enforcement officer may detain
45.1the respondent for a reasonable time necessary to complete and serve the short-form
45.2notification.
45.3(c) When service is made by short-form notification, it may be proved by the affidavit
45.4of the law enforcement officer making the service.
45.5(d) For service under this section only, service upon an individual may occur at any
45.6time, including Sundays and legal holidays.
45.7(e) The superintendent of the Bureau of Criminal Apprehension shall provide the short
45.8form to law enforcement agencies.
45.9EFFECTIVE DATE.This section is effective 30 days following publication of a notice
45.10on the Bureau of Criminal Apprehension's website that a computer system is available to
45.11send harassment restraining order data from the Minnesota judicial branch to law
45.12enforcement.
45.13 Sec. 24. Minnesota Statutes 2016, section 609.748, is amended by adding a subdivision
45.14to read:
45.15 Subd. 5b. Service by others. In addition to peace officers, corrections officers, including
45.16but not limited to probation officers, court services officers, parole officers, and employees
45.17of jails or correctional facilities, may serve a temporary restraining order or restraining
45.18order.
45.19 Sec. 25. Minnesota Statutes 2016, section 624.714, subdivision 17, is amended to read:
45.20 Subd. 17. Posting; trespass. (a) A person carrying a firearm on or about his or her person
45.21or clothes under a permit or otherwise who remains at a private establishment knowing that
45.22the operator of the establishment or its agent has made a reasonable request that firearms
45.23not be brought into the establishment may be ordered to leave the premises. A person who
45.24fails to leave when so requested is guilty of a petty misdemeanor. The fine for a first offense
45.25must not exceed $25. Notwithstanding section
45.26this subdivision is not subject to forfeiture.
45.27(b) As used in this subdivision, the terms in this paragraph have the meanings given.
45.28(1) "Reasonable request" means a request made under the following circumstances:
45.29(i) the requester has prominently posted a conspicuous sign at every entrance to the
45.30establishment containing the following language: "(INDICATE IDENTITY OF OPERATOR)
45.31BANS GUNS IN THESE PREMISES."; or
46.1(ii) the requester or the requester's agent personally informs the person that guns are
46.2prohibited in the premises and demands compliance.
46.3(2) "Prominently" means readily visible and within four feet laterally of the entrance
46.4with the bottom of the sign at a height of four to six feet above the floor.
46.5(3) "Conspicuous" means lettering in black arial typeface at least 1-1/2 inches in height
46.6against a bright contrasting background that is at least 187 square inches in area.
46.7(4) "Private establishment" means a building, structure, or portion thereof that is owned,
46.8leased, controlled, or operated by a nongovernmental entity for a nongovernmental purpose.
46.9(c) The owner or operator of a private establishment may not prohibit the lawful carry
46.10or possession of firearms in a parking facility or parking area.
46.11(d) The owner or operator of a private establishment may not prohibit the lawful carry
46.12or possession of firearms by a peace officer, as defined in section 626.84, subdivision 1,
46.13paragraph (c), within the private establishment or deny the officer access thereto, except
46.14when specifically authorized by statute. The owner or operator of the private establishment
46.15may require the display of official credentials issued by the agency that employs the peace
46.16officer prior to granting the officer entry into the private establishment.
46.17
46.18private residence may prohibit firearms, and provide notice thereof, in any lawful manner.
46.19
46.20or their guests.
46.21
46.22sets forth the exclusive criteria to notify a permit holder when otherwise lawful firearm
46.23possession is not allowed in a private establishment and sets forth the exclusive penalty for
46.24such activity.
46.25
46.26
46.27
46.28of a private establishment may require the display of official credentials issued by the
46.29company, which must be licensed by the Private Detective and Protective Agent Services
46.30Board, that employs the security guard and the guard's permit card prior to granting the
46.31guard entrance into the private establishment.
47.1 Sec. 26. [626.8469] TRAINING IN CRISIS RESPONSE, CONFLICT
47.2MANAGEMENT, AND CULTURAL DIVERSITY.
47.3 Subdivision 1. In-service training required. Beginning July 1, 2018, the chief law
47.4enforcement officer of every state and local law enforcement agency shall provide in-service
47.5training in crisis intervention and mental illness crises; conflict management and mediation;
47.6and recognizing and valuing community diversity and cultural differences to include implicit
47.7bias training to every peace officer and part-time peace officer employed by the agency.
47.8The training shall comply with learning objectives developed and approved by the board
47.9and shall meet board requirements for board-approved continuing education credit. The
47.10training shall consist of at least 16 continuing education credits within an officer's three-year
47.11licensing cycle. Each peace officer with a license renewal date after June 30, 2018, is not
47.12required to complete this training until the officer's next full three-year licensing cycle.
47.13 Subd. 2. Record keeping required. The head of every local and state law enforcement
47.14agency shall maintain written records of the agency's compliance with the requirements of
47.15subdivision 1. The documentation is subject to periodic review by the board, and shall be
47.16made available to the board at its request.
47.17 Subd. 3. Licensing sanctions; injunctive relief. The board may impose licensing
47.18sanctions and seek injunctive relief under section 214.11 for failure to comply with the
47.19requirements of this section.
47.20 Sec. 27. Laws 2009, chapter 59, article 3, section 4, subdivision 3, as amended by Laws
47.212011, chapter 87, section 1, subdivision 3, is amended to read:
47.22 Subd. 3. Contract. Notwithstanding any law or ordinance to the contrary, an eligible
47.23city or county may contract with a third party to create and administer the diversion program.
47.24A third party administering the program under this section must annually provide to the city
47.25or county a copy of an annual independent audit. At a minimum, the audit shall include the
47.26following:
47.27(1) the amount charged for program fees;
47.28(2) the total number of participants in the pilot program;
47.29(3) the total amount of money collected from participants in the pilot program;
47.30(4) the total amount of money, detailed by category, paid or applied to reinstatement
47.31fees, surcharges, criminal and traffic fines, and program fees;
48.1(5) the number of participants who successfully completed the pilot program in the
48.2previous year;
48.3(6) the number of participants terminated from the pilot program under subdivision 7,
48.4paragraph (a), clauses (1) to (3);
48.5(7) the reimbursement policy for all payments listed under clause (4); and
48.6(8) the amount of all payments listed under clause (4) retained from participants who
48.7were terminated from the program.
48.8The third party administering the program must pay the cost of the audit.
48.9 Sec. 28. Laws 2009, chapter 59, article 3, section 4, subdivision 8, as amended by Laws
48.102011, chapter 87, section 1, subdivision 8, is amended to read:
48.11 Subd. 8. Report. (a) By February 1,
48.12each eligible city and county that participates in the diversion program shall report to the
48.13legislative committees with jurisdiction over transportation and the judiciary concerning
48.14the results of the program.
48.15
48.16
48.17(1) recidivism rates for participants in the diversion pilot program;
48.18(2) payment
48.19collected in the diversion pilot program
48.20(3) educational support provided to participants in the diversion pilot program;
48.21(4) the total number of participants in the diversion pilot program
48.22(5) the number of participants who have terminated from the pilot program under
48.23subdivision 7, paragraph (a), clauses (1) to (3); and
48.24(6) the names of all third-party program administrators and their program fee refund
48.25policy, and, for each administrator the amount charged for program fees, and the amount
48.26of program fees retained from participants who have terminated from the program.
48.27 (b) The report must include recommendations regarding the future of the program and
48.28any necessary legislative changes.
49.1 Sec. 29. Laws 2009, chapter 59, article 3, section 4, subdivision 9, as amended by Laws
49.22010, chapter 197, section 1, Laws 2011, chapter 87, section 1, subdivision 9, and Laws
49.32013, chapter 127, section 60, is amended to read:
49.4 Subd. 9. Sunset. A city or county participating in this pilot program may accept an
49.5individual for diversion into the pilot program until June 30,
49.6administering the diversion program may collect and disburse fees collected pursuant to
49.7subdivision 6, paragraph (a), clause (2), through December 31,
49.8the pilot program under this section expires.
49.9 Sec. 30. ALTERNATIVES TO INCARCERATION PILOT PROGRAM FUND.
49.10(a) Agencies providing supervision to offenders on probation, parole, or supervised
49.11release are eligible for grants to facilitate access to community options including, but not
49.12limited to, inpatient chemical dependency treatment for nonviolent controlled substance
49.13offenders to address and correct behavior that is, or is likely to result in, a technical violation
49.14of the conditions of release. For purposes of this section, "nonviolent controlled substance
49.15offender" is a person who meets the criteria described under Minnesota Statutes, section
49.16244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means a violation
49.17of a court order of probation, condition of parole, or condition of supervised release, except
49.18an allegation of a subsequent criminal act that is alleged in a formal complaint, citation, or
49.19petition.
49.20(b) The Department of Corrections shall establish criteria for selecting grant recipients
49.21and the amount awarded to each grant recipient.
49.22(c) By January 15, 2019, the commissioner of corrections shall submit a report to the
49.23chairs of the house of representatives and senate committees with jurisdiction over public
49.24safety policy and finance. At a minimum, the report must include:
49.25(1) the total number of grants issued under this program;
49.26(2) the average amount of each grant;
49.27(3) the community services accessed as a result of the grants;
49.28(4) a summary of the type of supervision offenders were under when a grant was used
49.29to help access a community option;
49.30(5) the number of individuals who completed, and the number who failed to complete,
49.31programs accessed as a result of this grant; and
50.1(6) the number of individuals who violated the terms of release following participation
50.2in a program accessed as a result of this grant, separating technical violations and new
50.3criminal offenses.
50.4 Sec. 31. ASSESSMENT OF APPLETON FACILITY.
50.5(a) The commissioner of corrections shall select an independent entity to conduct a
50.6thorough assessment of the existing correctional facility located in Appleton, Minnesota.
50.7This assessment must determine the current physical state of the facility and the
50.8improvements to it, if any, that would be necessary for the department to open and operate
50.9it to house Minnesota offenders in a manner consistent with other state correctional facilities.
50.10The assessment must estimate the costs involved in upgrading, leasing or purchasing, and
50.11operating the facility.
50.12(b) By January 15, 2018, the commissioner shall report the results of the assessment to
50.13the chairs and ranking minority members of the senate and house of representatives
50.14committees having jurisdiction over criminal justice policy and finance.
50.17 Section 1. Minnesota Statutes 2016, section 357.021, subdivision 2, is amended to read:
50.18 Subd. 2. Fee amounts. The fees to be charged and collected by the court administrator
50.19shall be as follows:
50.20 (1) In every civil action or proceeding in said court, including any case arising under
50.21the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
50.22petitioner, or other moving party shall pay, when the first paper is filed for that party in said
50.23action, a fee of
50.24 The defendant or other adverse or intervening party, or any one or more of several
50.25defendants or other adverse or intervening parties appearing separately from the others,
50.26shall pay, when the first paper is filed for that party in said action, a fee of
50.27in marriage dissolution actions the fee is
50.28filing of an Application for Discharge of Judgment. Section
50.29for Discharge of Judgment.
50.30 The party requesting a trial by jury shall pay $100.
50.31 The fees above stated shall be the full trial fee chargeable to said parties irrespective of
50.32whether trial be to the court alone, to the court and jury, or disposed of without trial, and
51.1shall include the entry of judgment in the action, but does not include copies or certified
51.2copies of any papers so filed or proceedings under chapter 103E, except the provisions
51.3therein as to appeals.
51.4 (2) Certified copy of any instrument from a civil or criminal proceeding, $14, and $8
51.5for an uncertified copy.
51.6 (3) Issuing a subpoena, $16 for each name.
51.7 (4) Filing a motion or response to a motion in civil, family, excluding child support, and
51.8guardianship cases,
51.9 (5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
51.10injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
51.11mentioned, $55.
51.12 (6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
51.13from another court, $40.
51.14 (7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
51.15judgment, $5.
51.16 (8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
51.17certified to.
51.18 (9) Filing and indexing trade name; or recording basic science certificate; or recording
51.19certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
51.20$5.
51.21 (10) For the filing of each partial, final, or annual account in all trusteeships, $55.
51.22 (11) For the deposit of a will, $27.
51.23 (12) For recording notary commission, $20.
51.24 (13) Filing a motion or response to a motion for modification of child support, a fee of
51.25
51.26 (14) All other services required by law for which no fee is provided, such fee as compares
51.27favorably with those herein provided, or such as may be fixed by rule or order of the court.
51.28 (15) In addition to any other filing fees under this chapter, a surcharge in the amount of
51.29$75 must be assessed in accordance with section
51.30petition filed in district court to fund the fathers' adoption registry under section
52.1 The fees in clauses (3) and (5) need not be paid by a public authority or the party the
52.2public authority represents.
52.3 Sec. 2. Minnesota Statutes 2016, section 609.748, subdivision 3a, is amended to read:
52.4 Subd. 3a. Filing fee; cost of service. The filing fees for a restraining order under this
52.5section are waived for the petitioner and the respondent if the petition alleges acts that would
52.6constitute a violation of section
52.8their duties relating to service of process without charge to the petitioner. The court shall
52.9direct payment of the reasonable costs of service of process if served by a private process
52.10server when the sheriff is unavailable or if service is made by publication.
52.11
52.12
52.13
52.16 Section 1. Minnesota Statutes 2016, section 152.02, subdivision 2, is amended to read:
52.17 Subd. 2. Schedule I. (a) Schedule I consists of the substances listed in this subdivision.
52.18(b) Opiates. Unless specifically excepted or unless listed in another schedule, any of the
52.19following substances, including their analogs, isomers, esters, ethers, salts, and salts of
52.20isomers, esters, and ethers, whenever the existence of the analogs, isomers, esters, ethers,
52.21and salts is possible:
52.22(1) acetylmethadol;
52.23(2) allylprodine;
52.24(3) alphacetylmethadol (except levo-alphacetylmethadol, also known as levomethadyl
52.25acetate);
52.26(4) alphameprodine;
52.27(5) alphamethadol;
52.28(6) alpha-methylfentanyl benzethidine;
52.29(7) betacetylmethadol;
52.30(8) betameprodine;
53.1(9) betamethadol;
53.2(10) betaprodine;
53.3(11) clonitazene;
53.4(12) dextromoramide;
53.5(13) diampromide;
53.6(14) diethyliambutene;
53.7(15) difenoxin;
53.8(16) dimenoxadol;
53.9(17) dimepheptanol;
53.10(18) dimethyliambutene;
53.11(19) dioxaphetyl butyrate;
53.12(20) dipipanone;
53.13(21) ethylmethylthiambutene;
53.14(22) etonitazene;
53.15(23) etoxeridine;
53.16(24) furethidine;
53.17(25) hydroxypethidine;
53.18(26) ketobemidone;
53.19(27) levomoramide;
53.20(28) levophenacylmorphan;
53.21(29) 3-methylfentanyl;
53.22(30) acetyl-alpha-methylfentanyl;
53.23(31) alpha-methylthiofentanyl;
53.24(32) benzylfentanyl beta-hydroxyfentanyl;
53.25(33) beta-hydroxy-3-methylfentanyl;
53.26(34) 3-methylthiofentanyl;
53.27(35) thenylfentanyl;
54.1(36) thiofentanyl;
54.2(37) para-fluorofentanyl;
54.3(38) morpheridine;
54.4(39) 1-methyl-4-phenyl-4-propionoxypiperidine;
54.5(40) noracymethadol;
54.6(41) norlevorphanol;
54.7(42) normethadone;
54.8(43) norpipanone;
54.9(44) 1-(2-phenylethyl)-4-phenyl-4-acetoxypiperidine (PEPAP);
54.10(45) phenadoxone;
54.11(46) phenampromide;
54.12(47) phenomorphan;
54.13(48) phenoperidine;
54.14(49) piritramide;
54.15(50) proheptazine;
54.16(51) properidine;
54.17(52) propiram;
54.18(53) racemoramide;
54.19(54) tilidine;
54.20(55) trimeperidine;
54.21(56) N-(1-Phenethylpiperidin-4-yl)-N-phenylacetamide (acetyl fentanyl);
54.22(57)
54.233,4-dichloro-N-[(1R,2R)-2-(dimethylamino)cyclohexyl]-N-methylbenzamide(U47700);
54.24and
54.25(58) N-phenyl-N-[1-(2-phenylethyl)piperidin-4-yl]furan-2-carboxamide(furanylfentanyl).
54.26(c) Opium derivatives. Any of the following substances, their analogs, salts, isomers,
54.27and salts of isomers, unless specifically excepted or unless listed in another schedule,
54.28whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
55.1(1) acetorphine;
55.2(2) acetyldihydrocodeine;
55.3(3) benzylmorphine;
55.4(4) codeine methylbromide;
55.5(5) codeine-n-oxide;
55.6(6) cyprenorphine;
55.7(7) desomorphine;
55.8(8) dihydromorphine;
55.9(9) drotebanol;
55.10(10) etorphine;
55.11(11) heroin;
55.12(12) hydromorphinol;
55.13(13) methyldesorphine;
55.14(14) methyldihydromorphine;
55.15(15) morphine methylbromide;
55.16(16) morphine methylsulfonate;
55.17(17) morphine-n-oxide;
55.18(18) myrophine;
55.19(19) nicocodeine;
55.20(20) nicomorphine;
55.21(21) normorphine;
55.22(22) pholcodine; and
55.23(23) thebacon.
55.24(d) Hallucinogens. Any material, compound, mixture or preparation which contains any
55.25quantity of the following substances, their analogs, salts, isomers (whether optical, positional,
55.26or geometric), and salts of isomers, unless specifically excepted or unless listed in another
55.27schedule, whenever the existence of the analogs, salts, isomers, and salts of isomers is
55.28possible:
56.1(1) methylenedioxy amphetamine;
56.2(2) methylenedioxymethamphetamine;
56.3(3) methylenedioxy-N-ethylamphetamine (MDEA);
56.4(4) n-hydroxy-methylenedioxyamphetamine;
56.5(5) 4-bromo-2,5-dimethoxyamphetamine (DOB);
56.6(6) 2,5-dimethoxyamphetamine (2,5-DMA);
56.7(7) 4-methoxyamphetamine;
56.8(8) 5-methoxy-3, 4-methylenedioxyamphetamine;
56.9(9) alpha-ethyltryptamine;
56.10(10) bufotenine;
56.11(11) diethyltryptamine;
56.12(12) dimethyltryptamine;
56.13(13) 3,4,5-trimethoxyamphetamine;
56.14(14) 4-methyl-2, 5-dimethoxyamphetamine (DOM);
56.15(15) ibogaine;
56.16(16) lysergic acid diethylamide (LSD);
56.17(17) mescaline;
56.18(18) parahexyl;
56.19(19) N-ethyl-3-piperidyl benzilate;
56.20(20) N-methyl-3-piperidyl benzilate;
56.21(21) psilocybin;
56.22(22) psilocyn;
56.23(23) tenocyclidine (TPCP or TCP);
56.24(24) N-ethyl-1-phenyl-cyclohexylamine (PCE);
56.25(25) 1-(1-phenylcyclohexyl) pyrrolidine (PCPy);
56.26(26) 1-[1-(2-thienyl)cyclohexyl]-pyrrolidine (TCPy);
56.27(27) 4-chloro-2,5-dimethoxyamphetamine (DOC);
57.1(28) 4-ethyl-2,5-dimethoxyamphetamine (DOET);
57.2(29) 4-iodo-2,5-dimethoxyamphetamine (DOI);
57.3(30) 4-bromo-2,5-dimethoxyphenethylamine (2C-B);
57.4(31) 4-chloro-2,5-dimethoxyphenethylamine (2C-C);
57.5(32) 4-methyl-2,5-dimethoxyphenethylamine (2C-D);
57.6(33) 4-ethyl-2,5-dimethoxyphenethylamine (2C-E);
57.7(34) 4-iodo-2,5-dimethoxyphenethylamine (2C-I);
57.8(35) 4-propyl-2,5-dimethoxyphenethylamine (2C-P);
57.9(36) 4-isopropylthio-2,5-dimethoxyphenethylamine (2C-T-4);
57.10(37) 4-propylthio-2,5-dimethoxyphenethylamine (2C-T-7);
57.11(38) 2-(8-bromo-2,3,6,7-tetrahydrofuro [2,3-f][1]benzofuran-4-yl)ethanamine
57.12(2-CB-FLY);
57.13(39) bromo-benzodifuranyl-isopropylamine (Bromo-DragonFLY);
57.14(40) alpha-methyltryptamine (AMT);
57.15(41) N,N-diisopropyltryptamine (DiPT);
57.16(42) 4-acetoxy-N,N-dimethyltryptamine (4-AcO-DMT);
57.17(43) 4-acetoxy-N,N-diethyltryptamine (4-AcO-DET);
57.18(44) 4-hydroxy-N-methyl-N-propyltryptamine (4-HO-MPT);
57.19(45) 4-hydroxy-N,N-dipropyltryptamine (4-HO-DPT);
57.20(46) 4-hydroxy-N,N-diallyltryptamine (4-HO-DALT);
57.21(47) 4-hydroxy-N,N-diisopropyltryptamine (4-HO-DiPT);
57.22(48) 5-methoxy-N,N-diisopropyltryptamine (5-MeO-DiPT);
57.23(49) 5-methoxy-α-methyltryptamine (5-MeO-AMT);
57.24(50) 5-methoxy-N,N-dimethyltryptamine (5-MeO-DMT);
57.25(51) 5-methylthio-N,N-dimethyltryptamine (5-MeS-DMT);
57.26(52)
57.275-methoxy-N-methyl-N-isopropyltryptamine (5-MeO-MiPT);
57.28(53) 5-methoxy-α-ethyltryptamine (5-MeO-AET);
58.1(54) 5-methoxy-N,N-dipropyltryptamine (5-MeO-DPT);
58.2(55) 5-methoxy-N,N-diethyltryptamine (5-MeO-DET);
58.3(56) 5-methoxy-N,N-diallyltryptamine (5-MeO-DALT);
58.4(57) methoxetamine (MXE);
58.5(58) 5-iodo-2-aminoindane (5-IAI);
58.6(59) 5,6-methylenedioxy-2-aminoindane (MDAI);
58.7(60) 2-(4-bromo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25B-NBOMe);
58.8(61) 2-(4-chloro-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25C-NBOMe);
58.9(62) 2-(4-iodo-2,5-dimethoxyphenyl)-N-(2-methoxybenzyl)ethanamine (25I-NBOMe);
58.10(63) 2-(2,5-Dimethoxyphenyl)ethanamine (2C-H);
58.11(64) 2-(4-Ethylthio-2,5-dimethoxyphenyl)ethanamine (2C-T-2);
58.12(65) N,N-Dipropyltryptamine (DPT);
58.13(66) 3-[1-(Piperidin-1-yl)cyclohexyl]phenol (3-HO-PCP);
58.14(67) N-ethyl-1-(3-methoxyphenyl)cyclohexanamine (3-MeO-PCE);
58.15(68) 4-[1-(3-methoxyphenyl)cyclohexyl]morpholine (3-MeO-PCMo);
58.16(69) 1-[1-(4-methoxyphenyl)cyclohexyl]-piperidine (methoxydine, 4-MeO-PCP);
58.17(70) 2-(2-Chlorophenyl)-2-(ethylamino)cyclohexan-1-one (N-Ethylnorketamine,
58.18ethketamine, NENK);
58.19(71) methylenedioxy-N,N-dimethylamphetamine (MDDMA);
58.20(72) 3-(2-Ethyl(methyl)aminoethyl)-1H-indol-4-yl (4-AcO-MET); and
58.21(73) 2-Phenyl-2-(methylamino)cyclohexanone (deschloroketamine).
58.22(e) Peyote. All parts of the plant presently classified botanically as Lophophora williamsii
58.23Lemaire, whether growing or not, the seeds thereof, any extract from any part of the plant,
58.24and every compound, manufacture, salts, derivative, mixture, or preparation of the plant,
58.25its seeds or extracts. The listing of peyote as a controlled substance in Schedule I does not
58.26apply to the nondrug use of peyote in bona fide religious ceremonies of the American Indian
58.27Church, and members of the American Indian Church are exempt from registration. Any
58.28person who manufactures peyote for or distributes peyote to the American Indian Church,
59.1however, is required to obtain federal registration annually and to comply with all other
59.2requirements of law.
59.3(f) Central nervous system depressants. Unless specifically excepted or unless listed in
59.4another schedule, any material compound, mixture, or preparation which contains any
59.5quantity of the following substances, their analogs, salts, isomers, and salts of isomers
59.6whenever the existence of the analogs, salts, isomers, and salts of isomers is possible:
59.7(1) mecloqualone;
59.8(2) methaqualone;
59.9(3) gamma-hydroxybutyric acid (GHB), including its esters and ethers;
59.10(4) flunitrazepam; and
59.11(5) 2-(2-Methoxyphenyl)-2-(methylamino)cyclohexanone (2-MeO-2-deschloroketamine,
59.12methoxyketamine).
59.13(g) Stimulants. Unless specifically excepted or unless listed in another schedule, any
59.14material compound, mixture, or preparation which contains any quantity of the following
59.15substances, their analogs, salts, isomers, and salts of isomers whenever the existence of the
59.16analogs, salts, isomers, and salts of isomers is possible:
59.17 (1) aminorex;
59.18(2) cathinone;
59.19(3) fenethylline;
59.20 (4) methcathinone;
59.21(5) methylaminorex;
59.22(6) N,N-dimethylamphetamine;
59.23(7) N-benzylpiperazine (BZP);
59.24(8) methylmethcathinone (mephedrone);
59.25(9) 3,4-methylenedioxy-N-methylcathinone (methylone);
59.26(10) methoxymethcathinone (methedrone);
59.27(11) methylenedioxypyrovalerone (MDPV);
59.28(12) 3-fluoro-N-methylcathinone (3-FMC);
59.29(13) methylethcathinone (MEC);
60.1(14) 1-benzofuran-6-ylpropan-2-amine (6-APB);
60.2(15) dimethylmethcathinone (DMMC);
60.3(16) fluoroamphetamine;
60.4(17) fluoromethamphetamine;
60.5(18) α-methylaminobutyrophenone (MABP or buphedrone);
60.6(19) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)butan-1-one (butylone);
60.7(20) 2-(methylamino)-1-(4-methylphenyl)butan-1-one (4-MEMABP or BZ-6378);
60.8(21) 1-(naphthalen-2-yl)-2-(pyrrolidin-1-yl) pentan-1-one (naphthylpyrovalerone or
60.9naphyrone);
60.10(22) (alpha-pyrrolidinopentiophenone (alpha-PVP);
60.11(23) (RS)-1-(4-methylphenyl)-2-(1-pyrrolidinyl)-1-hexanone (4-Me-PHP or MPHP);
60.12(24) 2-(1-pyrrolidinyl)-hexanophenone (Alpha-PHP);
60.13(25) 4-methyl-N-ethylcathinone (4-MEC);
60.14(26) 4-methyl-alpha-pyrrolidinopropiophenone (4-MePPP);
60.15(27) 2-(methylamino)-1-phenylpentan-1-one (pentedrone);
60.16(28) 1-(1,3-benzodioxol-5-yl)-2-(methylamino)pentan-1-one (pentylone);
60.17(29) 4-fluoro-N-methylcathinone (4-FMC);
60.18(30) 3,4-methylenedioxy-N-ethylcathinone (ethylone);
60.19(31) alpha-pyrrolidinobutiophenone (α-PBP);
60.20(32) 5-(2-Aminopropyl)-2,3-dihydrobenzofuran (5-APDB);
60.21(33) 1-phenyl-2-(1-pyrrolidinyl)-1-heptanone (PV8);
60.22(34) 6-(2-Aminopropyl)-2,3-dihydrobenzofuran (6-APDB);
60.23(35) 4-methyl-alpha-ethylaminopentiophenone (4-MEAPP);
60.24(36) 4'-chloro-alpha-pyrrolidinopropiophenone (4-chloro-PPP);
60.25(37) 1-(1,3-Benzodioxol-5-yl)-2-(dimethylamino)butan-1-one (dibutylone, bk-DMBDB);
60.26and
60.27(38) any other substance, except bupropion or compounds listed under a different
60.28schedule, that is structurally derived from 2-aminopropan-1-one by substitution at the
61.11-position with either phenyl, naphthyl, or thiophene ring systems, whether or not the
61.2compound is further modified in any of the following ways:
61.3(i) by substitution in the ring system to any extent with alkyl, alkylenedioxy, alkoxy,
61.4haloalkyl, hydroxyl, or halide substituents, whether or not further substituted in the ring
61.5system by one or more other univalent substituents;
61.6(ii) by substitution at the 3-position with an acyclic alkyl substituent;
61.7(iii) by substitution at the 2-amino nitrogen atom with alkyl, dialkyl, benzyl, or
61.8methoxybenzyl groups; or
61.9(iv) by inclusion of the 2-amino nitrogen atom in a cyclic structure.
61.10(h) Marijuana, tetrahydrocannabinols, and synthetic cannabinoids. Unless specifically
61.11excepted or unless listed in another schedule, any natural or synthetic material, compound,
61.12mixture, or preparation that contains any quantity of the following substances, their analogs,
61.13isomers, esters, ethers, salts, and salts of isomers, esters, and ethers, whenever the existence
61.14of the isomers, esters, ethers, or salts is possible:
61.15(1) marijuana;
61.16(2) tetrahydrocannabinols naturally contained in a plant of the genus Cannabis, synthetic
61.17equivalents of the substances contained in the cannabis plant or in the resinous extractives
61.18of the plant, or synthetic substances with similar chemical structure and pharmacological
61.19activity to those substances contained in the plant or resinous extract, including, but not
61.20limited to, 1 cis or trans tetrahydrocannabinol, 6 cis or trans tetrahydrocannabinol, and 3,4
61.21cis or trans tetrahydrocannabinol;
61.22(3) synthetic cannabinoids, including the following substances:
61.23(i) Naphthoylindoles, which are any compounds containing a 3-(1-napthoyl)indole
61.24structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
61.25alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
61.262-(4-morpholinyl)ethyl group, whether or not further substituted in the indole ring to any
61.27extent and whether or not substituted in the naphthyl ring to any extent. Examples of
61.28naphthoylindoles include, but are not limited to:
61.29(A) 1-Pentyl-3-(1-naphthoyl)indole (JWH-018 and AM-678);
61.30(B) 1-Butyl-3-(1-naphthoyl)indole (JWH-073);
61.31(C) 1-Pentyl-3-(4-methoxy-1-naphthoyl)indole (JWH-081);
61.32(D) 1-[2-(4-morpholinyl)ethyl]-3-(1-naphthoyl)indole (JWH-200);
62.1(E) 1-Propyl-2-methyl-3-(1-naphthoyl)indole (JWH-015);
62.2(F) 1-Hexyl-3-(1-naphthoyl)indole (JWH-019);
62.3(G) 1-Pentyl-3-(4-methyl-1-naphthoyl)indole (JWH-122);
62.4(H) 1-Pentyl-3-(4-ethyl-1-naphthoyl)indole (JWH-210);
62.5(I) 1-Pentyl-3-(4-chloro-1-naphthoyl)indole (JWH-398);
62.6(J) 1-(5-fluoropentyl)-3-(1-naphthoyl)indole (AM-2201).
62.7(ii) Napthylmethylindoles, which are any compounds containing a
62.81H-indol-3-yl-(1-naphthyl)methane structure with substitution at the nitrogen atom of the
62.9indole ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
62.101-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group, whether or not further
62.11substituted in the indole ring to any extent and whether or not substituted in the naphthyl
62.12ring to any extent. Examples of naphthylmethylindoles include, but are not limited to:
62.13(A) 1-Pentyl-1H-indol-3-yl-(1-naphthyl)methane (JWH-175);
62.14(B) 1-Pentyl-1H-indol-3-yl-(4-methyl-1-naphthyl)methane (JWH-184).
62.15(iii) Naphthoylpyrroles, which are any compounds containing a 3-(1-naphthoyl)pyrrole
62.16structure with substitution at the nitrogen atom of the pyrrole ring by an alkyl, haloalkyl,
62.17alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.182-(4-morpholinyl)ethyl group whether or not further substituted in the pyrrole ring to any
62.19extent, whether or not substituted in the naphthyl ring to any extent. Examples of
62.20naphthoylpyrroles include, but are not limited to,
62.21(5-(2-fluorophenyl)-1-pentylpyrrol-3-yl)-naphthalen-1-ylmethanone (JWH-307).
62.22(iv) Naphthylmethylindenes, which are any compounds containing a naphthylideneindene
62.23structure with substitution at the 3-position of the indene ring by an allkyl, haloalkyl, alkenyl,
62.24cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.252-(4-morpholinyl)ethyl group whether or not further substituted in the indene ring to any
62.26extent, whether or not substituted in the naphthyl ring to any extent. Examples of
62.27naphthylemethylindenes include, but are not limited to,
62.28E-1-[1-(1-naphthalenylmethylene)-1H-inden-3-yl]pentane (JWH-176).
62.29(v) Phenylacetylindoles, which are any compounds containing a 3-phenylacetylindole
62.30structure with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl,
62.31alkenyl, cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
62.322-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
63.1extent, whether or not substituted in the phenyl ring to any extent. Examples of
63.2phenylacetylindoles include, but are not limited to:
63.3(A) 1-(2-cyclohexylethyl)-3-(2-methoxyphenylacetyl)indole (RCS-8);
63.4(B) 1-pentyl-3-(2-methoxyphenylacetyl)indole (JWH-250);
63.5(C) 1-pentyl-3-(2-methylphenylacetyl)indole (JWH-251);
63.6(D) 1-pentyl-3-(2-chlorophenylacetyl)indole (JWH-203).
63.7(vi) Cyclohexylphenols, which are compounds containing a
63.82-(3-hydroxycyclohexyl)phenol structure with substitution at the 5-position of the phenolic
63.9ring by an alkyl, haloalkyl, alkenyl, cycloalkylmethyl, cycloalkylethyl,
63.101-(N-methyl-2-piperidinyl)methyl or 2-(4-morpholinyl)ethyl group whether or not substituted
63.11in the cyclohexyl ring to any extent. Examples of cyclohexylphenols include, but are not
63.12limited to:
63.13(A) 5-(1,1-dimethylheptyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol (CP 47,497);
63.14(B) 5-(1,1-dimethyloctyl)-2-[(1R,3S)-3-hydroxycyclohexyl]-phenol
63.15(Cannabicyclohexanol or CP 47,497 C8 homologue);
63.16(C) 5-(1,1-dimethylheptyl)-2-[(1R,2R)-5-hydroxy-2-(3-hydroxypropyl)cyclohexyl]
63.17-phenol (CP 55,940).
63.18(vii) Benzoylindoles, which are any compounds containing a 3-(benzoyl)indole structure
63.19with substitution at the nitrogen atom of the indole ring by an alkyl, haloalkyl, alkenyl,
63.20cycloalkylmethyl, cycloalkylethyl, 1-(N-methyl-2-piperidinyl)methyl or
63.212-(4-morpholinyl)ethyl group whether or not further substituted in the indole ring to any
63.22extent and whether or not substituted in the phenyl ring to any extent. Examples of
63.23benzoylindoles include, but are not limited to:
63.24(A) 1-Pentyl-3-(4-methoxybenzoyl)indole (RCS-4);
63.25(B) 1-(5-fluoropentyl)-3-(2-iodobenzoyl)indole (AM-694);
63.26(C) (4-methoxyphenyl-[2-methyl-1-(2-(4-morpholinyl)ethyl)indol-3-yl]methanone (WIN
63.2748,098 or Pravadoline).
63.28(viii) Others specifically named:
63.29(A) (6aR,10aR)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
63.30-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (HU-210);
64.1(B) (6aS,10aS)-9-(hydroxymethyl)-6,6-dimethyl-3-(2-methyloctan-2-yl)
64.2-6a,7,10,10a-tetrahydrobenzo[c]chromen-1-ol (Dexanabinol or HU-211);
64.3(C) 2,3-dihydro-5-methyl-3-(4-morpholinylmethyl)pyrrolo[1,2,3-de]
64.4-1,4-benzoxazin-6-yl-1-naphthalenylmethanone (WIN 55,212-2);
64.5(D) (1-pentylindol-3-yl)-(2,2,3,3-tetramethylcyclopropyl)methanone (UR-144);
64.6(E) (1-(5-fluoropentyl)-1H-indol-3-yl)(2,2,3,3-tetramethylcyclopropyl)methanone
64.7(XLR-11);
64.8(F) 1-pentyl-N-tricyclo[3.3.1.13,7]dec-1-yl-1H-indazole-3-carboxamide
64.9(AKB-48(APINACA));
64.10(G) N-((3s,5s,7s)-adamantan-1-yl)-1-(5-fluoropentyl)-1H-indazole-3-carboxamide
64.11(5-Fluoro-AKB-48);
64.12(H) 1-pentyl-8-quinolinyl ester-1H-indole-3-carboxylic acid (PB-22);
64.13(I) 8-quinolinyl ester-1-(5-fluoropentyl)-1H-indole-3-carboxylic acid (5-Fluoro PB-22);
64.14(J) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-pentyl-1H-indazole- 3-carboxamide
64.15(AB-PINACA);
64.16(K) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-[(4-fluorophenyl)methyl]-
64.171H-indazole-3-carboxamide (AB-FUBINACA);
64.18(L) N-[(1S)-1-(aminocarbonyl)-2-methylpropyl]-1-(cyclohexylmethyl)-1H-
64.19indazole-3-carboxamide(AB-CHMINACA);
64.20(M) (S)-methyl 2-(1-(5-fluoropentyl)-1H-indazole-3-carboxamido)-3- methylbutanoate
64.21(5-fluoro-AMB);
64.22(N) [1-(5-fluoropentyl)-1H-indazol-3-yl](naphthalen-1-yl) methanone (THJ-2201);
64.23(O) (1-(5-fluoropentyl)-1H-benzo[d]imidazol-2-yl)(naphthalen-1-yl)methanone)
64.24(FUBIMINA);
64.25(P) (7-methoxy-1-(2-morpholinoethyl)-N-((1S,2S,4R)-1,3,3-trimethylbicyclo
64.26[2.2.1]heptan-2-yl)-1H-indole-3-carboxamide (MN-25 or UR-12);
64.27(Q) (S)-N-(1-amino-3-methyl-1-oxobutan-2-yl)-1-(5-fluoropentyl)
64.28-1H-indole-3-carboxamide (5-fluoro-ABICA);
64.29(R) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
64.30-1H-indole-3-carboxamide;
65.1(S) N-(1-amino-3-phenyl-1-oxopropan-2-yl)-1-(5-fluoropentyl)
65.2-1H-indazole-3-carboxamide;
65.3(T) methyl 2-(1-(cyclohexylmethyl)-1H-indole-3-carboxamido) -3,3-dimethylbutanoate;
65.4(U) N-(1-amino-3,3-dimethyl-1-oxobutan-2-yl)-1(cyclohexylmethyl)-1
65.5H-indazole-3-carboxamide (MAB-CHMINACA);
65.6(V) N-(1-Amino-3,3-dimethyl-1-oxo-2-butanyl)-1-pentyl-1H-indazole-3-carboxamide
65.7(ADB-PINACA);
65.8(W) methyl (1-(4-fluorobenzyl)-1H-indazole-3-carbonyl)-L-valinate (FUB-AMB);
65.9(X)
65.10N-[(1S)-2-amino-2-oxo-1-(phenylmethyl)ethyl]-1-(cyclohexylmethyl)-1H-Indazole-3-carboxamide.
65.11(APP-CHMINACA);
65.12(Y) quinolin-8-yl 1-(4-fluorobenzyl)-1H-indole-3-carboxylate (FUB-PB-22); and
65.13(Z) methyl N-[1-(cyclohexylmethyl)-1H-indole-3-carbonyl]valinate (MMB-CHMICA).
65.14(i) A controlled substance analog, to the extent that it is implicitly or explicitly intended
65.15for human consumption.
65.16EFFECTIVE DATE.This section is effective August 1, 2017, and applies to crimes
65.17committed on or after that date.
65.18 Sec. 2. Minnesota Statutes 2016, section 152.02, subdivision 12, is amended to read:
65.19 Subd. 12. Coordination of controlled substance regulation with federal law and
65.20state statute. (a) If any substance is designated, rescheduled, or deleted as a controlled
65.21substance under federal law
65.22
65.23this chapter
65.24
65.25
65.26
65.27
65.28
65.29
65.30published in the State Register and filed with the secretary of state. In issuing the order, the
65.31board is not required to engage in rulemaking. The order expires no later than 12 months
65.32after the date of issue and may not be renewed. After issuing the order, the board may
66.1permanently schedule the substance only by exercising the authority granted to it under
66.2subdivision 8.
66.3
66.4
66.5(b) The state Board of Pharmacy shall annually submit a report to the legislature on or
66.6before December 1 that specifies what changes the board made to the controlled substance
66.7schedules maintained by the board in Minnesota Rules, parts 6800.4210 to 6800.4250, in
66.8the preceding 12 months. The report must also specify any orders issued by the board under
66.9this subdivision. The report must include specific recommendations for amending the
66.10controlled substance schedules contained in subdivisions 2 to 6, so that they conform with
66.11the controlled substance schedules maintained by the board in Minnesota Rules, parts
66.126800.4210 to 6800.4250, and with the federal schedules.
66.13 Sec. 3. Minnesota Statutes 2016, section 152.02, is amended by adding a subdivision to
66.14read:
66.15 Subd. 14. Procedural requirements. Except as otherwise permitted in this section, the
66.16Board of Pharmacy is subject to the provisions of chapter 14 in exercising the authority
66.17granted by this chapter."
66.18Delete the title and insert:
66.20relating to public safety; modifying certain provisions relating to courts, public
66.21safety, corrections, crime, and controlled substances; requesting reports; providing
66.22for penalties; appropriating money for public safety, courts, corrections, Guardian
66.23Ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
66.24of Public Defense, Sentencing Guidelines, Peace Officer Standards and Training
66.25(POST) Board, and Private Detective Board;amending Minnesota Statutes 2016,
66.26sections 2.722, subdivision 1; 3.739, subdivision 1; 12.221, subdivision 6; 12B.15,
66.27subdivision 2; 13.69, subdivision 1; 152.02, subdivisions 2, 12, by adding a
66.28subdivision; 152.105; 171.015, by adding a subdivision; 243.05, subdivision 1;
66.29243.17, subdivision 1; 243.49; 244.05, subdivision 3; 244.198, by adding a
66.30subdivision; 271.21, subdivision 2; 299A.55, subdivision 2; 299A.707, subdivision
66.312; 299C.46, subdivision 6; 357.021, subdivision 2; 357.42; 358.116; 480.242,
66.32subdivision 2; 484.70, subdivision 7; 484.702, by adding a subdivision; 486.05,
66.33subdivision 1; 486.06; 518.179, subdivision 2; 609.14, by adding a subdivision;
66.34609.475; 609.48, by adding a subdivision; 609.595, subdivisions 1, 2, by adding
66.35a subdivision; 609.605, by adding a subdivision; 609.748, subdivisions 3, 3a, 4,
66.365, by adding subdivisions; 624.714, subdivision 17; 631.52, subdivision 2; 634.36;
66.37Laws 2009, chapter 59, article 3, section 4, subdivisions 3, as amended, 8, as
66.38amended, 9, as amended; proposing coding for new law in Minnesota Statutes,
66.39chapters 134A; 609; 626; repealing Minnesota Statutes 2016, sections 486.05,
66.40subdivision 1a; 525.112."