HF 750

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money to 
  1.3             fund corrections, public safety, courts, and other 
  1.4             agencies; establishing, funding, modifying, or 
  1.5             regulating certain corrections, public safety, court, 
  1.6             and other criminal justice programs, policies, duties, 
  1.7             activities, or practices; making technical, 
  1.8             conforming, and clarifying changes; providing criminal 
  1.9             penalties; setting fines, surcharges, and fees; 
  1.10            amending Minnesota Statutes 2002, sections 8.06; 
  1.11            152.021, subdivisions 2a, 3; 169A.03, subdivision 21, 
  1.12            by adding a subdivision; 169A.20, subdivision 2; 
  1.13            169A.25, subdivision 1; 169A.26, subdivision 1; 
  1.14            169A.27, subdivision 1; 169A.275, subdivisions 3, 4, 
  1.15            by adding a subdivision; 169A.40, subdivision 3; 
  1.16            169A.44; 169A.51, subdivision 5; 169A.53, subdivision 
  1.17            3; 169A.54, subdivision 6; 169A.60, subdivisions 8, 
  1.18            13; 241.016, subdivision 1; 243.53, subdivision 1; 
  1.19            260B.105, subdivisions 1, 2; 260B.125, subdivision 8; 
  1.20            260B.130, subdivision 1; 260B.141, subdivision 4; 
  1.21            260B.143, subdivision 1; 260B.193, subdivision 5; 
  1.22            260C.163, subdivision 5; 270A.03, subdivision 5; 
  1.23            299C.05; 299C.06; 299C.10, subdivision 4, by adding a 
  1.24            subdivision; 299C.48; 299F.46, subdivision 1, by 
  1.25            adding subdivisions; 299M.01, by adding subdivisions; 
  1.26            299M.03, by adding subdivisions; 299M.04; 299M.11, 
  1.27            subdivisions 1, 2; 357.021, subdivisions 2, 6, 7; 
  1.28            357.022; 357.08; 546.27; 590.05; 609.055, subdivision 
  1.29            2; 609.101, subdivision 4; 609.105, subdivision 1, by 
  1.30            adding subdivisions; 609.115, subdivision 1; 609.119; 
  1.31            609.135, subdivisions 1, 2; 609.185; 609.322, by 
  1.32            adding a subdivision; 609.324; 609.3241; 609.527, 
  1.33            subdivision 3; 609.68; 609.681; 609.748, subdivisions 
  1.34            1, 3, 4, 5; 611.14; 611.17; 611.18; 611.25, 
  1.35            subdivision 1; 611.26, subdivision 6; 611.272; 
  1.36            629.471, by adding a subdivision; 641.14; 641.263, by 
  1.37            adding subdivisions; proposing coding for new law in 
  1.38            Minnesota Statutes, chapters 169A; 243; 244; 299A; 
  1.39            299F; 641; repealing Minnesota Statutes 2002, sections 
  1.40            123B.73; 147.111, subdivision 6; 147A.14, subdivision 
  1.41            6; 148.102, subdivision 4; 148.263, subdivision 5; 
  1.42            148B.07, subdivision 6; 148B.283, subdivision 7; 
  1.43            148B.63, subdivision 6; 149A.61, subdivision 5; 
  1.44            150A.13, subdivision 6; 152.135, subdivision 4; 
  1.45            153.24, subdivision 5; 156.122; 241.41; 241.42; 
  1.46            241.43; 241.44; 241.441; 241.45; 244.19, subdivision 
  2.1             3a; 340A.905; 626A.17; 631.40, subdivisions 1a, 1b; 
  2.2             Laws 2002, chapter 220, article 6, section 6. 
  2.3   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.4                              ARTICLE 1 
  2.5                            APPROPRIATIONS 
  2.6   Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.7      The sums shown in the columns marked "APPROPRIATIONS" are 
  2.8   appropriated from the general fund, or another named fund, to 
  2.9   the agencies and for the purposes specified in this act, to be 
  2.10  available for the fiscal years indicated for each purpose.  The 
  2.11  figures "2003," "2004," and "2005," where used in this act, mean 
  2.12  that the appropriation or appropriations listed under them are 
  2.13  available for the year ending June 30, 2003, June 30, 2004, or 
  2.14  June 30, 2005, respectively.  The term "first year" means the 
  2.15  fiscal year ending June 30, 2004, and the term "second year" 
  2.16  means the fiscal year ending June 30, 2005. 
  2.17                          SUMMARY BY FUND
  2.18               2003       2004          2005           TOTAL
  2.19  General    $35,000  $ 707,878,000  $ 730,822,000 $1,438,735,000 
  2.20  State Government       
  2.21  Special Revenue             7,000          7,000         14,000 
  2.22  Environmental 
  2.23  Fund                       49,000         49,000         98,000 
  2.24  Special Revenue    
  2.25  Fund                    5,578,000      5,578,000     11,156,000 
  2.26  Trunk 
  2.27  Highway                   361,000        361,000        722,000 
  2.28  TOTAL      $35,000  $ 713,873,000  $ 736,817,000 $1,450,725,000
  2.29                                             APPROPRIATIONS 
  2.30                                         Available for the Year 
  2.31                                             Ending June 30 
  2.32                                            2004         2005 
  2.33  Sec. 2.   SUPREME COURT               37,548,000     35,182,000
  2.34  [LEGAL SERVICES TO LOW-INCOME CLIENTS 
  2.35  IN FAMILY LAW MATTERS.] Of this 
  2.36  appropriation, $877,000 each year is to 
  2.37  improve the access of low-income 
  2.38  clients to legal representation in 
  2.39  family law matters.  This appropriation 
  2.40  must be distributed under Minnesota 
  2.41  Statutes, section 480.242, to the 
  2.42  qualified legal services programs 
  2.43  described in Minnesota Statutes, 
  2.44  section 480.242, subdivision 2, 
  2.45  paragraph (a).  Any unencumbered 
  2.46  balance remaining in the first year 
  3.1   does not cancel and is available in the 
  3.2   second year. 
  3.3   [CIVIL LEGAL SERVICES REDUCTION.] The 
  3.4   budget for civil legal services must be 
  3.5   reduced by $1,572,000 each year.  The 
  3.6   base budget for civil legal services is 
  3.7   reduced accordingly. 
  3.8   Sec. 3.   COURT OF APPEALS             7,936,000      7,978,000
  3.9   Sec. 4.   DISTRICT COURTS            176,960,000    198,307,000
  3.10  Sec. 5.   TAX COURT                      726,000        726,000
  3.11  Sec. 6.   UNIFORM LAWS 
  3.12  COMMISSION                                38,000         39,000
  3.13  Sec. 7.   BOARD ON     
  3.14  JUDICIAL STANDARDS                       252,000        252,000
  3.15  Sec. 8.   BOARD OF PUBLIC
  3.16  DEFENSE                               50,763,000     50,764,000
  3.17  Sec. 9.  PUBLIC SAFETY 
  3.18  Subdivision 1.  Total 
  3.19  Appropriation                         72,637,000     72,652,000
  3.20                          Summary by Fund
  3.21                            2004          2005 
  3.22  General              71,585,000    71,600,000
  3.23  Special Revenue         635,000       635,000
  3.24  State Government 
  3.25  Special Revenue           7,000         7,000
  3.26  Environmental            49,000        49,000
  3.27  Trunk Highway           361,000       361,000
  3.28  [APPROPRIATIONS FOR PROGRAMS.] The 
  3.29  amounts that may be spent from this 
  3.30  appropriation for each program are 
  3.31  specified in the following subdivisions.
  3.32  Subd. 2.  Emergency 
  3.33  Management                            6,216,000      6,217,000
  3.34                Summary by Fund
  3.35  General               6,167,000     6,168,000
  3.36  Environmental            49,000        49,000
  3.37  [HOMELAND SECURITY CONTINGENCY FUND.] 
  3.38  $2,500,000 the first year and 
  3.39  $2,500,000 the second year are for a 
  3.40  homeland security contingency fund and 
  3.41  may be used to respond to an act of 
  3.42  terrorism.  Expenditures must be 
  3.43  approved by the homeland security 
  3.44  advisory council.  These are onetime 
  3.45  appropriations and are available until 
  3.46  spent. 
  3.47  [NONPROFIT AND FAITH-BASED 
  3.48  ORGANIZATIONS; ANTI-TERRORISM GRANTS.] 
  4.1   Notwithstanding any law to the 
  4.2   contrary, nonprofit and faith-based 
  4.3   organizations may apply for and receive 
  4.4   any funds or grants, whether federal or 
  4.5   state, made available for 
  4.6   anti-terrorism efforts that are not 
  4.7   distributed or encumbered for 
  4.8   distribution to public safety entities 
  4.9   within a year of receipt by the 
  4.10  department of public safety.  These 
  4.11  organizations must be considered under 
  4.12  the same criteria applicable to any 
  4.13  other eligible entity and must be given 
  4.14  equal consideration. 
  4.15  Subd. 3.  Criminal 
  4.16  Apprehension                         36,629,000     36,814,000
  4.17                Summary by Fund
  4.18  General              35,626,000    35,811,000
  4.19  Special Revenue         635,000       635,000
  4.20  State Government 
  4.21  Special Revenue           7,000         7,000
  4.22  Trunk Highway           361,000       361,000
  4.23  [COOPERATIVE INVESTIGATION OF 
  4.24  CROSS-JURISDICTIONAL CRIMINAL 
  4.25  ACTIVITY.] $135,000 each year from the 
  4.26  bureau of criminal apprehension account 
  4.27  in the special revenue fund is for 
  4.28  grants to local officials for the 
  4.29  cooperative investigation of 
  4.30  cross-jurisdictional criminal 
  4.31  activity.  Any unencumbered balance 
  4.32  remaining in the first year does not 
  4.33  cancel but is available for the second 
  4.34  year. 
  4.35  [LABORATORY ACTIVITIES.] $500,000 the 
  4.36  first year and $500,000 the second year 
  4.37  from the bureau of criminal 
  4.38  apprehension account in the special 
  4.39  revenue fund are appropriated for 
  4.40  laboratory activities. 
  4.41  [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 
  4.42  Notwithstanding Minnesota Statutes, 
  4.43  section 161.20, subdivision 3, $361,000 
  4.44  the first year and $361,000 the second 
  4.45  year are appropriated from the trunk 
  4.46  highway fund for laboratory analysis 
  4.47  related to driving while impaired cases.
  4.48  [CRIMNET.] The commissioner of public 
  4.49  safety shall develop a plan for using 
  4.50  the base funds appropriated for the 
  4.51  CriMNet policy group, the CriMNet 
  4.52  backbone, and CriMNet suspense file 
  4.53  reductions to further completion of the 
  4.54  CriMNet program.  The commissioner 
  4.55  shall consult with the criminal and 
  4.56  juvenile justice information policy 
  4.57  group and other interested parties on 
  4.58  the development of this plan. 
  4.59  Subd. 4. Fire Marshal                 2,427,000      2,441,000 
  5.1   Subd. 5.  Alcohol and 
  5.2   Gambling Enforcement                  1,622,000      1,622,000 
  5.3   Subd. 6.  Crime Victims Services
  5.4   Center                               21,939,000     21,939,000 
  5.5   Subd. 7.  Law Enforcement & 
  5.6   Community Grants                      3,804,000      3,619,000 
  5.7   The base for this program shall be 
  5.8   $3,554,000 for fiscal year 2006 and 
  5.9   $3,549,000 for fiscal year 2007. 
  5.10  [METH LAB CONTAINMENT TEAMS.] $240,000 
  5.11  the first year and $60,000 the second 
  5.12  year are for grants under Minnesota 
  5.13  Statutes, section 299A.55.  These are 
  5.14  onetime appropriations. 
  5.15  [JUVENILE ASSESSMENT ACCOUNT.] The 
  5.16  balance of the funds in the juvenile 
  5.17  assessment account in the special 
  5.18  revenue fund is transferred to the 
  5.19  general fund on July 1, 2003. 
  5.20  [ADMINISTRATION COSTS.] Up to 2.5 
  5.21  percent of the grant funds appropriated 
  5.22  in this subdivision may be used to 
  5.23  administer the grant programs. 
  5.24  Sec. 10.  PEACE OFFICERS STANDARDS
  5.25  BOARD (POST)                          3,943,000      3,943,000
  5.26  This appropriation is from the peace 
  5.27  officers training account in the 
  5.28  special revenue fund.  Any receipts 
  5.29  credited to that account in the first 
  5.30  year in excess of $3,943,000 must be 
  5.31  transferred and credited to the general 
  5.32  fund.  Any receipts credited to that 
  5.33  account in the second year in excess of 
  5.34  $3,943,000 must be transferred and 
  5.35  credited to the general fund. 
  5.36  Sec. 11.  PRIVATE DETECTIVE BOARD        126,000        126,000
  5.37  Sec. 12.  HUMAN RIGHTS                 3,580,000      3,550,000
  5.38  Sec. 13.  CORRECTIONS                                          
  5.39  Subdivision 1.  Total 
  5.40  Appropriation                        358,158,000    362,862,000
  5.41                          Summary by Fund
  5.42  General Fund        357,158,000    361,862,000
  5.43  Special Revenue       1,000,000      1,000,000
  5.44  The amounts that may be spent from this 
  5.45  appropriation for each program are 
  5.46  specified in the following subdivisions.
  5.47  [FEASIBILITY OF DOUBLE BUNKING AT LOCAL 
  5.48  JAILS.] The commissioner of corrections 
  5.49  must work with the Minnesota Sheriff's 
  5.50  Association, the Association of 
  5.51  Minnesota Counties, and Community 
  5.52  Corrections Act counties to review 
  5.53  capacities at local jail facilities and 
  5.54  to determine the feasibility of 
  6.1   increasing capacity by double bunking 
  6.2   inmates. 
  6.3   Subd. 2.  Correctional 
  6.4   Institutions                         237,309,000    240,926,000 
  6.5                           Summary by Fund 
  6.6   General Fund        236,679,000    240,296,000 
  6.7   Special Revenue         630,000        630,000 
  6.8   [CONTRACT FOR BEDS AT RUSH CITY.] If 
  6.9   the commissioner contracts with other 
  6.10  states, local units of government, or 
  6.11  the federal government to rent beds in 
  6.12  the Rush City correctional facility, 
  6.13  the commissioner shall charge a per 
  6.14  diem under the contract, to the extent 
  6.15  possible, that is equal to or greater 
  6.16  than the per diem cost of housing 
  6.17  Minnesota inmates in the facility.  The 
  6.18  per diem cost for housing inmates of 
  6.19  other states, local units of 
  6.20  government, or the federal government 
  6.21  at this facility shall be based on the 
  6.22  assumption that the facility is at or 
  6.23  near capacity.  
  6.24  The commissioner may use the per diem 
  6.25  appropriation, up to $300,000, for the 
  6.26  pre-design of the renovation and 1,161 
  6.27  bed expansion at the Minnesota 
  6.28  Correctional Facility-Faribault.  The 
  6.29  commissioner of corrections, in 
  6.30  consultation with the commissioner of 
  6.31  administration, must issue a request 
  6.32  for information by August 1, 2003, for 
  6.33  one or more vendors regarding the cost 
  6.34  of expansion, renovation, and the 
  6.35  operation of the Minnesota correctional 
  6.36  facility-Faribault or the construction 
  6.37  and operation of a medium custody, 
  6.38  stand alone facility with approximately 
  6.39  1,000 beds.  By January 15, 2004, the 
  6.40  commissioner of corrections shall 
  6.41  report to the chairs and ranking 
  6.42  members of the legislative committees 
  6.43  having jurisdiction over corrections 
  6.44  and capital investment on cost 
  6.45  comparisons of the request for 
  6.46  information and the pre-design.  
  6.47  Notwithstanding any laws to the 
  6.48  contrary, the commissioner may use the 
  6.49  remaining per diem appropriation to 
  6.50  operate the state correctional system. 
  6.51  Subd. 3.  Juvenile Services           13,007,000     13,007,000 
  6.52  Subd. 4.  Community Services          92,945,000     94,032,000 
  6.53                          Summary by Fund 
  6.54  General Fund         92,825,000     93,912,000
  6.55  Special Revenue         120,000        120,000
  6.56  [MILLE LACS COUNTY PROBATION SERVICES.] 
  6.57  $373,000 the first year and $373,000 
  6.58  the second year are for an increase in 
  6.59  probation services provided to Mille 
  7.1   Lacs County.  It is anticipated that 
  7.2   the county will reimburse the state for 
  7.3   these costs and that these proceeds 
  7.4   will be deposited in the general fund. 
  7.5   [BELTRAMI COUNTY PROBATION SERVICES.] 
  7.6   $61,000 the first year and $61,000 the 
  7.7   second year are for an increase in 
  7.8   probation support services provided to 
  7.9   Beltrami County.  It is anticipated 
  7.10  that the county will reimburse the 
  7.11  state for these costs and that these 
  7.12  proceeds will be deposited in the 
  7.13  general fund. 
  7.14  Subd. 5.  Operations Support          14,897,000     14,897,000 
  7.15                          Summary by Fund
  7.16  General Fund         14,647,000     14,647,000
  7.17  Special Revenue         250,000        250,000
  7.18  Sec. 14.  SENTENCING GUIDELINES          436,000        436,000
  7.19  [REPORT ON DRUG OFFENDER SENTENCING.] 
  7.20  The sentencing guidelines commission, 
  7.21  in consultation with the commissioner 
  7.22  of corrections, shall prepare a report 
  7.23  and make recommendations regarding the 
  7.24  following drug offender sentencing 
  7.25  issues: 
  7.26  (1) the evolution of Minnesota's drug 
  7.27  sentencing laws, the annual proportion 
  7.28  of prisoners incarcerated for drug 
  7.29  crimes in Minnesota state prisons over 
  7.30  the past 20 years, the annual cost of 
  7.31  incarcerating drug offenders in 
  7.32  Minnesota state prisons over the past 
  7.33  20 years, the effectiveness of drug 
  7.34  courts, and current programs that 
  7.35  employ alternatives to incarceration 
  7.36  for drug offenders in Minnesota state 
  7.37  prisons; 
  7.38  (2) the average and the range of 
  7.39  criminal history scores for each level 
  7.40  of drug offender currently incarcerated 
  7.41  in Minnesota state prisons; 
  7.42  (3) the proportionality of Minnesota's 
  7.43  drug sentencing provisions when 
  7.44  compared to sentencing provisions for 
  7.45  other crimes in Minnesota; 
  7.46  (4) the proportionality of Minnesota's 
  7.47  drug sentencing provisions when 
  7.48  compared to other states' drug 
  7.49  sentencing provisions; 
  7.50  (5) the amount of Minnesota's prison 
  7.51  and jail beds occupied by all drug 
  7.52  offenders and all nonviolent drug 
  7.53  offenders; 
  7.54  (6) the type and quantity of Minnesota 
  7.55  correctional resources that are 
  7.56  dedicated to all drug offenders and to 
  7.57  all nonviolent drug offenders; 
  8.1   (7) the projected annual cost to the 
  8.2   department of corrections of 
  8.3   incarcerating all drug offenders and 
  8.4   all nonviolent drug offenders in state 
  8.5   prisons over the next ten years; 
  8.6   (8) the cost-savings to the department 
  8.7   of corrections by not incarcerating 
  8.8   nonviolent drug offenders and sending 
  8.9   them to noncustodial drug treatment 
  8.10  instead; 
  8.11  (9) the recidivism rate for drug 
  8.12  offenders, in Minnesota and other 
  8.13  states, who are sent to noncustodial 
  8.14  drug treatment rather than 
  8.15  incarceration; and 
  8.16  (10) the cost-savings to the department 
  8.17  of corrections of sentencing nonviolent 
  8.18  drug offenders to home detention 
  8.19  employing electronic monitoring at the 
  8.20  offender's expense. 
  8.21  For purposes of this report, nonviolent 
  8.22  drug offenders are those who were 
  8.23  convicted of violating sections 
  8.24  152.023, 152.024, and 152.025, and were 
  8.25  not also convicted of a violent crime, 
  8.26  as that term is defined in section 
  8.27  609.1095.  The sentencing guidelines 
  8.28  commission must present the report and 
  8.29  recommendations to the chairs and 
  8.30  ranking minority members of the house 
  8.31  and senate committees having 
  8.32  jurisdiction over criminal justice 
  8.33  policy and financing by January 15, 
  8.34  2004. 
  8.35  Sec. 15.  DEPARTMENT OF                 770,000     ..,...,...
  8.36  HUMAN SERVICES 
  8.37  Sec. 16.   DEFICIENCY 
  8.38  APPROPRIATION 
  8.39   FISCAL YEAR 2003  
  8.40  General     35,000 
  8.41  [SPECIAL HEARING COSTS.] This 
  8.42  appropriation for fiscal year 2003 is 
  8.43  added to the appropriation in Laws 
  8.44  2001, First Special Session chapter 8, 
  8.45  article 4, section 5, to the board on 
  8.46  judicial standards and is to fund costs 
  8.47  of a public hearing for a judge.  This 
  8.48  appropriation is available the day 
  8.49  following final enactment and is 
  8.50  available until June 30, 2003. 
  8.51  Sec. 17.  SUNSET OF UNCODIFIED 
  8.52  LANGUAGE 
  8.53  All uncodified language contained in 
  8.54  this article expires on June 30, 2005, 
  8.55  unless a different expiration date is 
  8.56  explicit. 
  8.57     Sec. 18.  [EFFECTIVE DATE.] 
  8.58     This article is effective July 1, 2003, unless otherwise 
  9.1   noted. 
  9.2                              ARTICLE 2 
  9.3                             COURT POLICY 
  9.4      Section 1.  Minnesota Statutes 2002, section 8.06, is 
  9.5   amended to read: 
  9.6      8.06 [ATTORNEY FOR STATE OFFICERS, BOARDS, OR COMMISSIONS; 
  9.7   EMPLOY COUNSEL.] 
  9.8      The attorney general shall act as the attorney for all 
  9.9   state officers and all boards or commissions created by law in 
  9.10  all matters pertaining to their official duties.  When requested 
  9.11  by the attorney general, it shall be the duty of any county 
  9.12  attorney of the state to appear within the county and act as 
  9.13  attorney for any such board, commission, or officer in any court 
  9.14  of such county.  The attorney general may, upon request in 
  9.15  writing, employ, and fix the compensation of, a special attorney 
  9.16  for any such board, commission, or officer when, in the attorney 
  9.17  general's judgment, the public welfare will be promoted 
  9.18  thereby.  Such special attorney's fees or salary shall be paid 
  9.19  from the appropriation made for such board, commission, or 
  9.20  officer.  Except as herein provided, no board, commission, or 
  9.21  officer shall hereafter employ any attorney at the expense of 
  9.22  the state.  
  9.23     Whenever the attorney general, the governor, and the chief 
  9.24  justice of the supreme court shall certify, in writing, filed in 
  9.25  the office of the secretary of state, that it is necessary, in 
  9.26  the proper conduct of the legal business of the state, either 
  9.27  civil or criminal, that the state employ additional counsel, the 
  9.28  attorney general, the governor, or the chief justice of the 
  9.29  supreme court shall thereupon be authorized to employ authorize 
  9.30  the employment of such counsel and, with the governor and the 
  9.31  chief justice, fix the additional counsel's compensation.  
  9.32  Except as herein stated, no additional counsel shall be employed 
  9.33  and the legal business of the state shall be performed 
  9.34  exclusively by the attorney general and the attorney general's 
  9.35  assistants. 
  9.36     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 10.1      Sec. 2.  Minnesota Statutes 2002, section 357.021, 
 10.2   subdivision 2, is amended to read: 
 10.3      Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
 10.4   collected by the court administrator shall be as follows: 
 10.5      (1) In every civil action or proceeding in said court, 
 10.6   including any case arising under the tax laws of the state that 
 10.7   could be transferred or appealed to the tax court, the 
 10.8   plaintiff, petitioner, or other moving party shall pay, when the 
 10.9   first paper is filed for that party in said action, a fee of 
 10.10  $135 $250. 
 10.11     The defendant or other adverse or intervening party, or any 
 10.12  one or more of several defendants or other adverse or 
 10.13  intervening parties appearing separately from the others, shall 
 10.14  pay, when the first paper is filed for that party in said 
 10.15  action, a fee of $135 $250. 
 10.16     The party requesting a trial by jury shall pay $75. 
 10.17     The fees above stated shall be the full trial fee 
 10.18  chargeable to said parties irrespective of whether trial be to 
 10.19  the court alone, to the court and jury, or disposed of without 
 10.20  trial, and shall include the entry of judgment in the action, 
 10.21  but does not include copies or certified copies of any papers so 
 10.22  filed or proceedings under chapter 103E, except the provisions 
 10.23  therein as to appeals. 
 10.24     (2) Certified copy of any instrument from a civil or 
 10.25  criminal proceeding, $10, and $5 for an uncertified copy. 
 10.26     (3) Issuing a subpoena, $3 $6 for each name. 
 10.27     (4) Issuing an execution and filing the return thereof; 
 10.28  issuing a writ of attachment, injunction, habeas corpus, 
 10.29  mandamus, quo warranto, certiorari, or other writs not 
 10.30  specifically mentioned, $10 $20. 
 10.31     (5) Issuing a transcript of judgment, or for filing and 
 10.32  docketing a transcript of judgment from another court, $7.50 $15.
 10.33     (6) Filing and entering a satisfaction of judgment, partial 
 10.34  satisfaction, or assignment of judgment, $5. 
 10.35     (7) Certificate as to existence or nonexistence of 
 10.36  judgments docketed, $5 for each name certified to. 
 11.1      (8) Filing and indexing trade name; or recording basic 
 11.2   science certificate; or recording certificate of physicians, 
 11.3   osteopaths, chiropractors, veterinarians, or optometrists, $5. 
 11.4      (9) For the filing of each partial, final, or annual 
 11.5   account in all trusteeships, $10 $20. 
 11.6      (10) For the deposit of a will, $5 $10. 
 11.7      (11) For recording notary commission, $25 $50, of which, 
 11.8   notwithstanding subdivision 1a, paragraph (b), $20 $40 must be 
 11.9   forwarded to the state treasurer to be deposited in the state 
 11.10  treasury and credited to the general fund. 
 11.11     (12) Filing a motion or response to a motion for 
 11.12  modification of child support, a fee fixed by rule or order of 
 11.13  the supreme court.  
 11.14     (13) Filing a motion or response to a motion in civil, 
 11.15  family, excluding child support, and guardianship cases, $25. 
 11.16     (14) All other services required by law for which no fee is 
 11.17  provided, such fee as compares favorably with those herein 
 11.18  provided, or such as may be fixed by rule or order of the court. 
 11.19     (14) (15) In addition to any other filing fees under this 
 11.20  chapter, a surcharge in the amount of $75 must be assessed in 
 11.21  accordance with section 259.52, subdivision 14, for each 
 11.22  adoption petition filed in district court to fund the fathers' 
 11.23  adoption registry under section 259.52. 
 11.24     The fees in clauses (3) and (4) need not be paid by a 
 11.25  public authority or the party the public authority represents. 
 11.26     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 11.27     Sec. 3.  Minnesota Statutes 2002, section 357.022, is 
 11.28  amended to read: 
 11.29     357.022 [CONCILIATION COURT FEE.] 
 11.30     The court administrator in every county shall charge and 
 11.31  collect a filing fee of $25 where the amount demanded is less 
 11.32  than $2,000 and $35 where the amount demanded is $2,000 or more 
 11.33  $50 from every plaintiff and from every defendant when the first 
 11.34  paper for that party is filed in any conciliation court action.  
 11.35  This section does not apply to conciliation court actions filed 
 11.36  by the state.  The court administrator shall transmit the fees 
 12.1   monthly to the state treasurer for deposit in the state treasury 
 12.2   and credit to the general fund. 
 12.3      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 12.4      Sec. 4.  Minnesota Statutes 2002, section 357.08, is 
 12.5   amended to read: 
 12.6      357.08 [PAID BY APPELLANT IN APPEAL.] 
 12.7      There shall be paid to the clerk of the appellate courts by 
 12.8   the appellant, or moving party or person requiring the service, 
 12.9   in all cases of appeal, certiorari, habeas corpus, mandamus, 
 12.10  injunction, prohibition, or other original proceeding, when 
 12.11  initially filed with the clerk of the appellate courts, the sum 
 12.12  of $250 $500 to the clerk of the appellate courts.  An 
 12.13  additional filing fee of $100 shall be required for a petition 
 12.14  for accelerated review by the supreme court.  A filing fee 
 12.15  of $250 $500 shall be paid to the clerk of the appellate courts 
 12.16  upon the filing of a petition for review from a decision of the 
 12.17  court of appeals.  A filing fee of $250 $500 shall be paid to 
 12.18  the clerk of the appellate courts upon the filing of a petition 
 12.19  for permission to appeal.  A filing fee of $100 shall be paid to 
 12.20  the clerk of the appellate courts upon the filing by a 
 12.21  respondent of a notice of review.  The clerk shall transmit the 
 12.22  fees to the state treasurer for deposit in the state treasury 
 12.23  and credit to the general fund.  
 12.24     The clerk shall not file any paper, issue any writ or 
 12.25  certificate, or perform any service enumerated herein, until the 
 12.26  payment has been made for it.  The clerk shall pay the sum into 
 12.27  the state treasury as provided for by section 15A.01.  
 12.28     The charges provided for shall not apply to disbarment 
 12.29  proceedings, nor to an action or proceeding by the state taken 
 12.30  solely in the public interest, where the state is the appellant 
 12.31  or moving party, nor to copies of the opinions of the court 
 12.32  furnished by the clerk to the parties before judgment, or 
 12.33  furnished to the district judge whose decision is under review, 
 12.34  or to such law library associations in counties having a 
 12.35  population exceeding 50,000, as the court may direct. 
 12.36     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 13.1      Sec. 5.  Minnesota Statutes 2002, section 546.27, is 
 13.2   amended to read: 
 13.3      546.27 [DECISION BY THE COURT.] 
 13.4      Subdivision 1.  [WRITTEN DECISIONS REQUIRED.] (a) When an 
 13.5   issue of fact has been tried by the court, the decision shall be 
 13.6   in writing, the facts found and the conclusion of law shall be 
 13.7   separately stated, and judgment shall be entered accordingly.  
 13.8   Except as provided in paragraph (b), all questions of fact and 
 13.9   law, and all motions and matters submitted to a judge for a 
 13.10  decision in trial and appellate matters, shall be disposed of 
 13.11  and the decision filed with the court administrator within 90 
 13.12  days after such submission the time period for disposition 
 13.13  established by the chief justice, unless sickness or casualty 
 13.14  shall prevent, or the time be extended by written consent of the 
 13.15  parties.  No part of the salary of any judge shall be paid 
 13.16  unless the voucher therefor be accompanied by a certificate of 
 13.17  the judge that there has been full compliance with the 
 13.18  requirements of this section. 
 13.19     (b) If a hearing has been held on a petition under chapter 
 13.20  260 involving physical or sexual abuse of a child who is alleged 
 13.21  to be in need of protection or services or neglected and in 
 13.22  foster care, the decision must be filed within 15 days after the 
 13.23  matter is submitted to the judge. 
 13.24     Subd. 2.  [BOARD OF JUDICIAL STANDARDS REVIEW.] At least 
 13.25  annually, the board on judicial standards shall review the 
 13.26  compliance of each district, county, or municipal judge with the 
 13.27  provisions of subdivision 1.  To facilitate this review, the 
 13.28  director of the state judicial information system shall notify 
 13.29  the executive secretary of the state board on judicial standards 
 13.30  when a matter exceeds 90 days without a disposition the time 
 13.31  period for disposition established by the chief justice.  The 
 13.32  board shall notify the commissioner of finance of each judge not 
 13.33  in compliance.  If the board finds that a judge has compelling 
 13.34  reasons for noncompliance, it may decide not to issue the 
 13.35  notice.  Upon notification that a judge is not in compliance, 
 13.36  the commissioner of finance shall not pay the salary of that 
 14.1   judge.  The board may cancel a notice of noncompliance upon 
 14.2   finding that a judge is in compliance, but in no event shall a 
 14.3   judge be paid a salary for the period in which the notification 
 14.4   of noncompliance was in effect. 
 14.5      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 14.6      Sec. 6.  Minnesota Statutes 2002, section 609.101, 
 14.7   subdivision 4, is amended to read: 
 14.8      Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
 14.9   any other law: 
 14.10     (1) when a court sentences a person convicted of a felony 
 14.11  that is not listed in subdivision 2 or 3, it must impose a fine 
 14.12  of not less than 30 percent of the maximum fine authorized by 
 14.13  law nor more than the maximum fine authorized by law; and 
 14.14     (2) when a court sentences a person convicted of a gross 
 14.15  misdemeanor or misdemeanor that is not listed in subdivision 2, 
 14.16  it must impose a fine of not less than 30 percent of the maximum 
 14.17  fine authorized by law nor more than the maximum fine authorized 
 14.18  by law, unless the fine is set at a lower amount on a uniform 
 14.19  fine schedule established by the conference of chief judges in 
 14.20  consultation with affected state and local agencies.  This 
 14.21  schedule shall be promulgated not later than January September 1 
 14.22  of each year and shall become effective on August January 1 of 
 14.23  that the next year unless the legislature, by law, provides 
 14.24  otherwise. 
 14.25     The minimum fine required by this subdivision is in 
 14.26  addition to the surcharge or assessment required by section 
 14.27  357.021, subdivision 6, and is in addition to any sentence of 
 14.28  imprisonment or restitution imposed or ordered by the court. 
 14.29     The court shall collect the fines mandated in this 
 14.30  subdivision and, except for fines for traffic and motor vehicle 
 14.31  violations governed by section 169.871 and section 299D.03 and 
 14.32  fish and game violations governed by section 97A.065, forward 20 
 14.33  percent of the revenues to the state treasurer for deposit in 
 14.34  the general fund. 
 14.35     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 14.36     Sec. 7.  Minnesota Statutes 2002, section 609.115, 
 15.1   subdivision 1, is amended to read: 
 15.2      Subdivision 1.  [PRESENTENCE INVESTIGATION.] (a) When a 
 15.3   defendant has been convicted of a misdemeanor or, gross 
 15.4   misdemeanor, or felony, the court may, and when the defendant 
 15.5   has been convicted of a felony, the court shall, before sentence 
 15.6   is imposed, cause a presentence investigation and written report 
 15.7   to be made to the court concerning the defendant's individual 
 15.8   characteristics, circumstances, needs, potentialities, criminal 
 15.9   record and social history, the circumstances of the offense and 
 15.10  the harm caused by it to others and to the community.  At the 
 15.11  request of the prosecutor in a gross misdemeanor case, the court 
 15.12  shall order that a presentence investigation and report be 
 15.13  prepared.  The investigation shall be made by a probation 
 15.14  officer of the court, if there is one; otherwise it shall be 
 15.15  made by the commissioner of corrections.  The officer conducting 
 15.16  the presentence or predispositional investigation shall make 
 15.17  reasonable and good faith efforts to contact and provide the 
 15.18  victim with the information required under section 611A.037, 
 15.19  subdivision 2.  Presentence investigations shall be conducted 
 15.20  and summary hearings held upon reports and upon the sentence to 
 15.21  be imposed upon the defendant in accordance with this section, 
 15.22  section 244.10, and the Rules of Criminal Procedure. 
 15.23     (b) When the crime is a violation of sections 609.561 to 
 15.24  609.563, 609.5641, or 609.576 and involves a fire, the report 
 15.25  shall include a description of the financial and physical harm 
 15.26  the offense has had on the public safety personnel who responded 
 15.27  to the fire.  For purposes of this paragraph, "public safety 
 15.28  personnel" means the state fire marshal; employees of the 
 15.29  division of the state fire marshal; firefighters, regardless of 
 15.30  whether the firefighters receive any remuneration for providing 
 15.31  services; peace officers, as defined in section 626.05, 
 15.32  subdivision 2; individuals providing emergency management 
 15.33  services; and individuals providing emergency medical services. 
 15.34     (c) When the crime is a felony violation of chapter 152 
 15.35  involving the sale or distribution of a controlled substance, 
 15.36  the report shall include a description of any adverse social or 
 16.1   economic effects the offense has had on persons who reside in 
 16.2   the neighborhood where the offense was committed. 
 16.3      (d) The report shall also include the information relating 
 16.4   to crime victims required under section 611A.037, subdivision 1. 
 16.5   If the court directs, the report shall include an estimate of 
 16.6   the prospects of the defendant's rehabilitation and 
 16.7   recommendations as to the sentence which should be imposed.  In 
 16.8   misdemeanor cases the report may be oral. 
 16.9      (e) When a defendant has been convicted of a felony, and 
 16.10  before sentencing, the court shall cause a sentencing worksheet 
 16.11  to be completed to facilitate the application of the Minnesota 
 16.12  sentencing guidelines.  The worksheet shall be submitted as part 
 16.13  of the presentence investigation report. 
 16.14     (f) When a person is convicted of a felony for which the 
 16.15  sentencing guidelines presume that the defendant will be 
 16.16  committed to the commissioner of corrections under an executed 
 16.17  sentence and no motion for a sentencing departure has been made 
 16.18  by counsel, the court may, when there is no space available in 
 16.19  the local correctional facility, commit the defendant to the 
 16.20  custody of the commissioner of corrections, pending completion 
 16.21  of the presentence investigation and report.  When a defendant 
 16.22  is convicted of a felony for which the sentencing guidelines do 
 16.23  not presume that the defendant will be committed to the 
 16.24  commissioner of corrections, or for which the sentencing 
 16.25  guidelines presume commitment to the commissioner but counsel 
 16.26  has moved for a sentencing departure, the court may commit the 
 16.27  defendant to the commissioner with the consent of the 
 16.28  commissioner, pending completion of the presentence 
 16.29  investigation and report.  The county of commitment shall return 
 16.30  the defendant to the court when the court so orders. 
 16.31     [EFFECTIVE DATE.] This section is effective August 1, 2003 
 16.32  and applies to crimes committed on or after that date. 
 16.33     Sec. 8.  [REPEALER.] 
 16.34     Minnesota Statutes 2002, sections 147.111, subdivision 6; 
 16.35  147A.14, subdivision 6; 148.102, subdivision 4; 148.263, 
 16.36  subdivision 5; 148B.07, subdivision 6; 148B.283, subdivision 7; 
 17.1   148B.63, subdivision 6; 149A.61, subdivision 5; 150A.13, 
 17.2   subdivision 6; 153.24, subdivision 5; 156.122; 340A.905; 
 17.3   626A.17; and 631.40, subdivisions 1a and 1b, are repealed 
 17.4   effective July 1, 2003. 
 17.5                              ARTICLE 3 
 17.6                            PUBLIC DEFENSE
 17.7      Section 1.  Minnesota Statutes 2002, section 270A.03, 
 17.8   subdivision 5, is amended to read: 
 17.9      Subd. 5.  [DEBT.] "Debt" means a legal obligation of a 
 17.10  natural person to pay a fixed and certain amount of money, which 
 17.11  equals or exceeds $25 and which is due and payable to a claimant 
 17.12  agency.  The term includes criminal fines imposed under section 
 17.13  609.10 or 609.125 and restitution.  The term also includes the 
 17.14  co-payment for the appointment of a district public defender 
 17.15  imposed under section 611.17, paragraph (c).  A debt may arise 
 17.16  under a contractual or statutory obligation, a court order, or 
 17.17  other legal obligation, but need not have been reduced to 
 17.18  judgment.  
 17.19     A debt includes any legal obligation of a current recipient 
 17.20  of assistance which is based on overpayment of an assistance 
 17.21  grant where that payment is based on a client waiver or an 
 17.22  administrative or judicial finding of an intentional program 
 17.23  violation; or where the debt is owed to a program wherein the 
 17.24  debtor is not a client at the time notification is provided to 
 17.25  initiate recovery under this chapter and the debtor is not a 
 17.26  current recipient of food stamps, transitional child care, or 
 17.27  transitional medical assistance. 
 17.28     A debt does not include any legal obligation to pay a 
 17.29  claimant agency for medical care, including hospitalization if 
 17.30  the income of the debtor at the time when the medical care was 
 17.31  rendered does not exceed the following amount: 
 17.32     (1) for an unmarried debtor, an income of $8,800 or less; 
 17.33     (2) for a debtor with one dependent, an income of $11,270 
 17.34  or less; 
 17.35     (3) for a debtor with two dependents, an income of $13,330 
 17.36  or less; 
 18.1      (4) for a debtor with three dependents, an income of 
 18.2   $15,120 or less; 
 18.3      (5) for a debtor with four dependents, an income of $15,950 
 18.4   or less; and 
 18.5      (6) for a debtor with five or more dependents, an income of 
 18.6   $16,630 or less.  
 18.7      The income amounts in this subdivision shall be adjusted 
 18.8   for inflation for debts incurred in calendar years 2001 and 
 18.9   thereafter.  The dollar amount of each income level that applied 
 18.10  to debts incurred in the prior year shall be increased in the 
 18.11  same manner as provided in section 1(f) of the Internal Revenue 
 18.12  Code of 1986, as amended through December 31, 2000, except that 
 18.13  for the purposes of this subdivision the percentage increase 
 18.14  shall be determined from the year starting September 1, 1999, 
 18.15  and ending August 31, 2000, as the base year for adjusting for 
 18.16  inflation for debts incurred after December 31, 2000. 
 18.17     Debt also includes an agreement to pay a MinnesotaCare 
 18.18  premium, regardless of the dollar amount of the premium 
 18.19  authorized under section 256L.15, subdivision 1a. 
 18.20     [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 18.21  and applies to crimes committed on or after that date. 
 18.22     Sec. 2.  Minnesota Statutes 2002, section 590.05, is 
 18.23  amended to read: 
 18.24     590.05 [INDIGENT PETITIONERS.] 
 18.25     A person financially unable to obtain counsel who desires 
 18.26  to pursue the remedy provided in section 590.01 may apply for 
 18.27  representation by the state public defender.  The state public 
 18.28  defender shall represent such person under the applicable 
 18.29  provisions of sections 611.14 to 611.27, if the person has not 
 18.30  already had a direct appeal of the conviction.  If, however, the 
 18.31  person pled guilty and received a presumptive sentence or a 
 18.32  downward departure in sentence, and the state public defender 
 18.33  reviewed the person's case and determined that there was no 
 18.34  basis for an appeal of the conviction or of the sentence, then 
 18.35  the state public defender may decline to represent the person in 
 18.36  a postconviction remedy case.  The state public defender may 
 19.1   represent, without charge, all other persons pursuing a 
 19.2   postconviction remedy under section 590.01, who are financially 
 19.3   unable to obtain counsel.  
 19.4      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 19.5      Sec. 3.  Minnesota Statutes 2002, section 611.14, is 
 19.6   amended to read: 
 19.7      611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
 19.8      The following persons who are financially unable to obtain 
 19.9   counsel are entitled to be represented by a public defender: 
 19.10     (1) a person charged with a felony, gross misdemeanor, or 
 19.11  misdemeanor including a person charged under sections 629.01 to 
 19.12  629.29; 
 19.13     (2) a person appealing from a conviction of a felony or 
 19.14  gross misdemeanor, or a person convicted of a felony or gross 
 19.15  misdemeanor, who is pursuing a postconviction proceeding and who 
 19.16  has not already had a direct appeal of the conviction, but if 
 19.17  the person pled guilty and received a presumptive sentence or a 
 19.18  downward departure in sentence, and the state public defender 
 19.19  reviewed the person's case and determined that there was no 
 19.20  basis for an appeal of the conviction or of the sentence, then 
 19.21  the state public defender may decline to represent the person in 
 19.22  a postconviction remedy case; 
 19.23     (3) a person who is entitled to be represented by counsel 
 19.24  under section 609.14, subdivision 2; or 
 19.25     (4) a minor ten years of age or older who is entitled to be 
 19.26  represented by counsel under section 260B.163, subdivision 4, or 
 19.27  260C.163, subdivision 3. 
 19.28     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 19.29     Sec. 4.  Minnesota Statutes 2002, section 611.17, is 
 19.30  amended to read: 
 19.31     611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.] 
 19.32     Subdivision 1.  [STANDARDS FOR DISTRICT PUBLIC DEFENSE 
 19.33  ELIGIBILITY.] (a) Each judicial district must screen 
 19.34  requests under paragraph (b) for representation by the district 
 19.35  public defender.  A defendant is financially unable to obtain 
 19.36  counsel if: 
 20.1      (1) the defendant, or any dependent of the defendant who 
 20.2   resides in the same household as the defendant, receives 
 20.3   means-tested governmental benefits; or 
 20.4      (2) the defendant, through any combination of liquid assets 
 20.5   and current income, would be unable to pay the reasonable costs 
 20.6   charged by private counsel in that judicial district for a 
 20.7   defense of the same matter. 
 20.8      (b) Upon a request for the appointment of counsel, the 
 20.9   court shall make appropriate inquiry into the financial 
 20.10  circumstances of the applicant, who shall submit a financial 
 20.11  statement under oath or affirmation setting forth the 
 20.12  applicant's assets and liabilities, including the value of any 
 20.13  real property owned by the applicant, whether homestead or 
 20.14  otherwise, less the amount of any encumbrances on the real 
 20.15  property, the source or sources of income, and any other 
 20.16  information required by the court.  The applicant shall be under 
 20.17  a continuing duty while represented by a public defender to 
 20.18  disclose any changes in the applicant's financial circumstances 
 20.19  that might be relevant to the applicant's eligibility for a 
 20.20  public defender.  The state public defender shall furnish 
 20.21  appropriate forms for the financial statements.  The forms must 
 20.22  contain conspicuous notice of the applicant's continuing duty to 
 20.23  disclose to the court changes in the applicant's financial 
 20.24  circumstances.  The forms must also contain conspicuous notice 
 20.25  of the applicant's obligation to make a co-payment for the 
 20.26  services of the district public defender, as specified under 
 20.27  paragraph (c).  The information contained in the statement shall 
 20.28  be confidential and for the exclusive use of the court and the 
 20.29  public defender appointed by the court to represent the 
 20.30  applicant except for any prosecution under section 609.48.  A 
 20.31  refusal to execute the financial statement or produce financial 
 20.32  records constitutes a waiver of the right to the appointment of 
 20.33  a public defender.  The court shall not appoint a district 
 20.34  public defender to a defendant who is financially able to retain 
 20.35  private counsel but refuses to do so. 
 20.36     An inquiry to determine financial eligibility of a 
 21.1   defendant for the appointment of the district public defender 
 21.2   shall be made whenever possible prior to the court appearance 
 21.3   and by such persons as the court may direct.  This inquiry may 
 21.4   be combined with the pre-release investigation provided for in 
 21.5   Minnesota Rule of Criminal Procedure 6.02, subdivision 3.  In no 
 21.6   case shall the district public defender be required to perform 
 21.7   this inquiry or investigate the defendant's assets or 
 21.8   eligibility.  The court has the sole duty to conduct a financial 
 21.9   inquiry.  The inquiry must include the following: 
 21.10     (1) the liquidity of real estate assets, including the 
 21.11  defendant's homestead; 
 21.12     (2) any assets that can be readily converted to cash or 
 21.13  used to secure a debt; 
 21.14     (3) the determination of whether the transfer of an asset 
 21.15  is voidable as a fraudulent conveyance; and 
 21.16     (4) the value of all property transfers occurring on or 
 21.17  after the date of the alleged offense.  The burden is on the 
 21.18  accused to show that he or she is financially unable to afford 
 21.19  counsel.  Defendants who fail to provide information necessary 
 21.20  to determine eligibility shall be deemed ineligible.  The court 
 21.21  must not appoint the district public defender as advisory 
 21.22  counsel. 
 21.23     (c) Upon disposition of the case appointment of the public 
 21.24  defender, an individual who has received receives public 
 21.25  defender services shall be obligated to pay to the court a $28 
 21.26  co-payment for representation provided by a public defender, 
 21.27  unless the co-payment is, or has been, waived by the court.  The 
 21.28  co-payment shall be according to the following schedule: 
 21.29     (1) if the person was charged with a felony, $200; 
 21.30     (2) if the person was charged with a gross misdemeanor, 
 21.31  $100; or 
 21.32     (3) if the person was charged with a misdemeanor, $50. 
 21.33     If the person is a child and was appointed counsel under 
 21.34  the provisions of section 260B.163, subdivision 4, the parents 
 21.35  of the child shall pay to the court a co-payment of $100.  If 
 21.36  the person is a parent of a child and the parent was appointed 
 22.1   counsel under the provisions of section 260C.163, subdivision 3, 
 22.2   the parent shall pay to the court a co-payment of $200. 
 22.3      The co-payment shall be deposited in the state general 
 22.4   fund.  If a term of probation is imposed as a part of an 
 22.5   offender's sentence, the co-payment required by this section 
 22.6   must not be made a condition of probation.  The co-payment 
 22.7   required by this section is a civil obligation and must not be 
 22.8   made a condition of a criminal sentence.  Collection of the 
 22.9   co-payment may be made through the provisions of chapter 270A, 
 22.10  the Revenue Recapture Act. 
 22.11     [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 22.12  and applies to crimes committed on or after that date. 
 22.13     Sec. 5.  Minnesota Statutes 2002, section 611.18, is 
 22.14  amended to read: 
 22.15     611.18 [APPOINTMENT OF PUBLIC DEFENDER.] 
 22.16     If it appears to a court that a person requesting the 
 22.17  appointment of counsel satisfies the requirements of this 
 22.18  chapter, the court shall order the appropriate public defender 
 22.19  to represent the person at all further stages of the proceeding 
 22.20  through appeal, if any.  For a person appealing from a 
 22.21  conviction, or a person pursuing a postconviction proceeding and 
 22.22  who has not already had a direct appeal of the 
 22.23  conviction, according to the standards of sections 611.14 and 
 22.24  611.25, subdivision 1, paragraph (a), clause (2), the state 
 22.25  public defender shall be appointed.  For a person covered by 
 22.26  section 611.14, clause (1), a district public defender shall be 
 22.27  appointed to represent that person.  If (a) conflicting 
 22.28  interests exist, (b) the district public defender for any other 
 22.29  reason is unable to act, or (c) the interests of justice 
 22.30  require, the state public defender may be ordered to represent a 
 22.31  person.  When the state public defender is directed by a court 
 22.32  to represent a defendant or other person, the state public 
 22.33  defender may assign the representation to any district public 
 22.34  defender.  If at any stage of the proceedings, including an 
 22.35  appeal, the court finds that the defendant is financially unable 
 22.36  to pay counsel whom the defendant had retained, the court may 
 23.1   appoint the appropriate public defender to represent the 
 23.2   defendant, as provided in this section.  Prior to any court 
 23.3   appearance, a public defender may represent a person accused of 
 23.4   violating the law, who appears to be financially unable to 
 23.5   obtain counsel, and shall continue to represent the person 
 23.6   unless it is subsequently determined that the person is 
 23.7   financially able to obtain counsel.  The representation may be 
 23.8   made available at the discretion of the public defender, upon 
 23.9   the request of the person or someone on the person's behalf.  
 23.10  Any law enforcement officer may notify the public defender of 
 23.11  the arrest of any such person. 
 23.12     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 23.13     Sec. 6.  Minnesota Statutes 2002, section 611.25, 
 23.14  subdivision 1, is amended to read: 
 23.15     Subdivision 1.  [REPRESENTATION.] (a) The state public 
 23.16  defender shall represent, without charge: 
 23.17     (1) a defendant or other person appealing from a conviction 
 23.18  of a felony or gross misdemeanor; 
 23.19     (2) a person convicted of a felony or gross misdemeanor who 
 23.20  is pursuing a postconviction proceeding and who has not already 
 23.21  had a direct appeal of the conviction, but if the person pled 
 23.22  guilty and received a presumptive sentence or a downward 
 23.23  departure in sentence, and the state public defender reviewed 
 23.24  the person's case and determined that there was no basis for an 
 23.25  appeal of the conviction or of the sentence, then the state 
 23.26  public defender may decline to represent the person in a 
 23.27  postconviction remedy case; and 
 23.28     (3) a child who is appealing from a delinquency 
 23.29  adjudication or from an extended jurisdiction juvenile 
 23.30  conviction. 
 23.31     (b) The state public defender may represent, without 
 23.32  charge, all other persons pursuing a postconviction remedy under 
 23.33  section 590.01, who are financially unable to obtain counsel.  
 23.34     (c) The state public defender shall represent any other 
 23.35  person, who is financially unable to obtain counsel, when 
 23.36  directed to do so by the supreme court or the court of appeals, 
 24.1   except that the state public defender shall not represent a 
 24.2   person in any action or proceeding in which a party is seeking a 
 24.3   monetary judgment, recovery or award.  When requested by a 
 24.4   district public defender or appointed counsel, the state public 
 24.5   defender may assist the district public defender, appointed 
 24.6   counsel, or an organization designated in section 611.216 in the 
 24.7   performance of duties, including trial representation in matters 
 24.8   involving legal conflicts of interest or other special 
 24.9   circumstances, and assistance with legal research and brief 
 24.10  preparation.  When the state public defender is directed by a 
 24.11  court to represent a defendant or other person, the state public 
 24.12  defender may assign the representation to any district public 
 24.13  defender. 
 24.14     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 24.15     Sec. 7.  Minnesota Statutes 2002, section 611.26, 
 24.16  subdivision 6, is amended to read: 
 24.17     Subd. 6.  [PERSONS DEFENDED.] The district public defender 
 24.18  shall represent, without charge, a defendant charged with a 
 24.19  felony, a gross misdemeanor, or misdemeanor when so directed by 
 24.20  the district court.  The district public defender shall also 
 24.21  represent a minor ten years of age or older in the juvenile 
 24.22  court when so directed by the juvenile court.  The district 
 24.23  public defender must not serve as advisory counsel.  The 
 24.24  juvenile court may not order the district public defender to 
 24.25  represent a minor who is under the age of ten years, to serve as 
 24.26  a guardian ad litem, or to represent a guardian ad litem. 
 24.27     Sec. 8.  Minnesota Statutes 2002, section 611.272, is 
 24.28  amended to read: 
 24.29     611.272 [ACCESS TO GOVERNMENT DATA.] 
 24.30     The district public defender, the state public defender, or 
 24.31  an attorney working for a public defense corporation under 
 24.32  section 611.216 has access to the criminal justice data 
 24.33  communications network described in section 299C.46, as provided 
 24.34  in this section.  Access to data under this section is limited 
 24.35  to data regarding the public defender's own client as necessary 
 24.36  to prepare criminal cases in which the public defender has been 
 25.1   appointed, including, but not limited to, criminal history data 
 25.2   under section 13.87; juvenile offender data under section 
 25.3   299C.095; warrant information data under section 299C.115; 
 25.4   incarceration data under section 299C.14; conditional release 
 25.5   data under section 299C.147; and diversion program data under 
 25.6   section 299C.46, subdivision 5.  The public defender does not 
 25.7   have access to law enforcement active investigative data under 
 25.8   section 13.82, subdivision 7; data protected under section 
 25.9   13.82, subdivision 17; or confidential arrest warrant indices 
 25.10  data under section 13.82, subdivision 19.  The public defender 
 25.11  has access to the data at no charge, except for the monthly 
 25.12  network access charge under section 299C.46, subdivision 3, 
 25.13  paragraph (b), and a reasonable installation charge for a 
 25.14  terminal.  Notwithstanding section 13.87, subdivision 3,; 
 25.15  299C.46, subdivision 3, paragraph (b); 299C.48, or any other law 
 25.16  to the contrary, there shall be no charge to public defenders 
 25.17  for Internet access to public criminal history data the criminal 
 25.18  justice data communications network. 
 25.19     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 25.20                             ARTICLE 4 
 25.21                           PUBLIC SAFETY 
 25.22     Section 1.  [299A.55] [METH LAB CONTAINMENT TEAMS.] 
 25.23     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
 25.24  established under the administration of the commissioner of 
 25.25  public safety to assist local communities in their efforts to 
 25.26  contain and clean-up clandestine methamphetamine laboratories 
 25.27  and to preserve evidence for criminal trials. 
 25.28     Subd. 2.  [AWARDING GRANT.] The commissioner of public 
 25.29  safety is the fiscal agent for the grant program and is 
 25.30  responsible for receiving applications for grants and awarding 
 25.31  grants under this section.  Priority must be given to applicants 
 25.32  with high incidences of methamphetamine lab operations in the 
 25.33  applicant's narcotics task force area relative to the area's 
 25.34  population. 
 25.35     Subd. 3.  [GRANT PROCESS; REQUIREMENTS; USES.] (a) A city 
 25.36  may apply for a grant under this section by submitting an 
 26.1   application to the commissioner of public safety on a form 
 26.2   prescribed by the commissioner. 
 26.3      (b) To be eligible for a grant under this section, a city 
 26.4   must: 
 26.5      (1) be a member of a multijurisdictional narcotics task 
 26.6   force; 
 26.7      (2) have a full-time fire and police service; 
 26.8      (3) have on staff at least two peace officers trained by 
 26.9   the federal Drug Enforcement Agency in methamphetamine lab 
 26.10  containment and evidence collection.  If a city does not have 
 26.11  two officers with the training, it must agree to get the 
 26.12  training for at least two officers; and 
 26.13     (4) submit a plan for use of the grant funds that is 
 26.14  prepared in consultation with the other members of the city's 
 26.15  narcotics task force and that addresses how the city will 
 26.16  evaluate and report on the activities of the methamphetamine lab 
 26.17  containment team. 
 26.18     (c) A methamphetamine lab containment team established by a 
 26.19  city must: 
 26.20     (1) be comprised of at least one peace officer and one 
 26.21  firefighter and may utilize additional members and select a 
 26.22  captain or commander; and 
 26.23     (2) provide services throughout the area of the 
 26.24  multijurisdictional narcotics task force, including equipment 
 26.25  disbursement. 
 26.26     (d) A grant awarded under this section may be used for any 
 26.27  methamphetamine lab containment team activities or expenditures 
 26.28  including personnel costs, equipment, travel, and training. 
 26.29     Subd. 4.  [METH LAB CONTAINMENT TEAM POWERS.] A 
 26.30  methamphetamine lab containment team has the same 
 26.31  interjurisdictional authority as its corresponding narcotics 
 26.32  task force.  In addition to methamphetamine lab containment, 
 26.33  clean-up, and evidence collection, the teams may also be used to 
 26.34  secure areas, investigate, and gather evidence of other crimes 
 26.35  involving the use, or suspected or alleged use, of harmful or 
 26.36  volatile substances.  A methamphetamine lab containment team 
 27.1   must coordinate its efforts with a chemical assessment team if 
 27.2   that team also provides services for an incident.  
 27.3      Subd. 5.  [LOCAL MATCH.] A city that receives a grant under 
 27.4   this section must provide a 50 percent match from nonstate 
 27.5   sources.  Of the match amount, up to 50 percent may be from 
 27.6   in-kind contributions including asset contributions or personnel 
 27.7   costs. 
 27.8      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 27.9      Sec. 2.  Minnesota Statutes 2002, section 299C.05, is 
 27.10  amended to read: 
 27.11     299C.05 [DIVISION OF CRIMINAL STATISTICS.] 
 27.12     There is hereby established within the bureau a division of 
 27.13  criminal statistics, and the superintendent, within the limits 
 27.14  of membership herein prescribed, shall appoint a qualified 
 27.15  statistician and one assistant to be in charge thereof.  It 
 27.16  shall be the duty of this division to collect, and preserve as a 
 27.17  record of the bureau, information concerning the number and 
 27.18  nature of offenses known to have been committed in the state, of 
 27.19  the legal steps taken in connection therewith from the inception 
 27.20  of the complaint to the final discharge of the defendant, and 
 27.21  such other information as may be useful in the study of crime 
 27.22  and the administration of justice.  The information so collected 
 27.23  and preserved shall include such data as may be requested by the 
 27.24  United States department of justice, at Washington, under its 
 27.25  national system of crime reporting.  To the extent possible, the 
 27.26  superintendent must utilize a system or standard approved by the 
 27.27  Federal Bureau of Investigation to collect and preserve crime 
 27.28  data. 
 27.29     [EFFECTIVE DATE.] This section is effective the day 
 27.30  following final enactment. 
 27.31     Sec. 3.  Minnesota Statutes 2002, section 299C.06, is 
 27.32  amended to read: 
 27.33     299C.06 [DIVISION POWERS AND DUTIES; COOPERATION.] 
 27.34     It shall be the duty of all sheriffs, chiefs of police, 
 27.35  city marshals, constables, prison wardens, superintendents of 
 27.36  insane hospitals, reformatories and correctional schools, 
 28.1   probation and parole officers, school attendance officers, 
 28.2   coroners, county attorneys, court clerks, the commissioner of 
 28.3   public safety, the commissioner of transportation, and the state 
 28.4   fire marshal to furnish to the division statistics and 
 28.5   information regarding the number of crimes reported and 
 28.6   discovered, arrests made, complaints, informations, and 
 28.7   indictments, filed and the disposition made of same, pleas, 
 28.8   convictions, acquittals, probations granted or denied, 
 28.9   conditional release information, receipts, transfers, and 
 28.10  discharges to and from prisons, reformatories, correctional 
 28.11  schools, and other institutions, paroles granted and revoked, 
 28.12  commutation of sentences and pardons granted and rescinded, and 
 28.13  all other data useful in determining the cause and amount of 
 28.14  crime in this state and to form a basis for the study of crime, 
 28.15  police methods, court procedure, and penal problems. Such 
 28.16  statistics and information shall be furnished upon the request 
 28.17  of the division and upon such forms as may be prescribed and 
 28.18  furnished by it.  Unless otherwise required or permitted by the 
 28.19  superintendent of the bureau of criminal apprehension, an agency 
 28.20  or person furnishing information under this section must utilize 
 28.21  a nationally recognized system or standard approved by the 
 28.22  Federal Bureau of Investigation for reporting statistics and 
 28.23  information.  The division shall have the power to inspect and 
 28.24  prescribe the form and substance of the records kept by those 
 28.25  officials from which the information is so furnished. 
 28.26     [EFFECTIVE DATE.] This section is effective the day 
 28.27  following final enactment. 
 28.28     Sec. 4.  Minnesota Statutes 2002, section 299C.10, 
 28.29  subdivision 4, is amended to read: 
 28.30     Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
 28.31  APPROPRIATION.] The superintendent shall collect a fee in an 
 28.32  amount to cover the expense for each background check provided 
 28.33  for a purpose not directly related to the criminal justice 
 28.34  system or required by section 624.7131, 624.7132, or 624.714.  
 28.35  The proceeds of the fee must be deposited in a special account.  
 28.36  Money in the account is annually appropriated to the 
 29.1   commissioner to maintain and improve the quality of the criminal 
 29.2   record system in Minnesota.  The superintendent shall collect an 
 29.3   additional handling fee of $7 for FBI background fingerprint 
 29.4   checks. 
 29.5      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 29.6      Sec. 5.  Minnesota Statutes 2002, section 299C.10, is 
 29.7   amended by adding a subdivision to read: 
 29.8      Subd. 5.  [FEE FOR TAKING FINGERPRINTS; ACCOUNT; 
 29.9   APPROPRIATION.] The superintendent may charge a fee of $10 for 
 29.10  the taking of fingerprints for the public when required by an 
 29.11  employer or government entity for either employment or 
 29.12  licensing.  No fee will be charged when there is a question of 
 29.13  whether or not the person is the subject of a criminal history 
 29.14  record.  The proceeds of the fee must be deposited in an account 
 29.15  in the special revenue fund.  Money in the account is annually 
 29.16  appropriated to the commissioner to maintain and improve the 
 29.17  quality of the criminal record system in Minnesota. 
 29.18     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 29.19     Sec. 6.  Minnesota Statutes 2002, section 299C.48, is 
 29.20  amended to read: 
 29.21     299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING 
 29.22  APPROPRIATION.] 
 29.23     (a) An agency authorized under section 299C.46, subdivision 
 29.24  3, may connect with and participate in the criminal justice data 
 29.25  communications network upon approval of the commissioner of 
 29.26  public safety; provided, that the agency shall first agree to 
 29.27  pay installation charges as may be necessary for connection and 
 29.28  monthly operational charges as may be established by the 
 29.29  commissioner of public safety.  Before participation by a 
 29.30  criminal justice agency may be approved, the agency must have 
 29.31  executed an agreement with the commissioner providing for 
 29.32  security of network facilities and restrictions on access to 
 29.33  data supplied to and received through the network. 
 29.34     (b) In addition to any fee otherwise authorized, the 
 29.35  commissioner of public safety shall impose a fee for providing 
 29.36  secure dial-up or Internet access for criminal justice agencies 
 30.1   and noncriminal justice agencies.  The following monthly fees 
 30.2   apply: 
 30.3      (1) criminal justice agency accessing via Internet, $15; 
 30.4      (2) criminal justice agency accessing via dial-up, $35; 
 30.5      (3) noncriminal justice agency accessing via Internet, $35; 
 30.6   and 
 30.7      (4) noncriminal justice agency accessing via dial-up, $35. 
 30.8      (c) The installation and monthly operational charges 
 30.9   collected by the commissioner of public safety under paragraph 
 30.10  paragraphs (a) and (b) are annually appropriated to the 
 30.11  commissioner to administer sections 299C.46 to 299C.50. 
 30.12     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 30.13     Sec. 7.  Minnesota Statutes 2002, section 299F.46, 
 30.14  subdivision 1, is amended to read: 
 30.15     Subdivision 1.  [HOTEL INSPECTION.] (a) It shall be the 
 30.16  duty of the commissioner of public safety to inspect, or cause 
 30.17  to be inspected, at least once every three years, every hotel in 
 30.18  this state; and, for that purpose, the commissioner, or the 
 30.19  commissioner's deputies, or designated alternates or agents 
 30.20  shall have the right to enter or have access thereto at any 
 30.21  reasonable hour; and, when, upon such inspection, it shall be 
 30.22  found that the hotel so inspected does not conform to or is not 
 30.23  being operated in accordance with the provisions of sections 
 30.24  157.011 and 157.15 to 157.22, in so far as the same relate to 
 30.25  fire prevention or fire protection of hotels, or the rules 
 30.26  promulgated thereunder, or is being maintained or operated in 
 30.27  such manner as to violate the Uniform Minnesota State Fire Code 
 30.28  promulgated pursuant to section 299F.011 or any other law of 
 30.29  this state relating to fire prevention and fire protection of 
 30.30  hotels, the commissioner and the deputies or designated 
 30.31  alternates or agents shall report such a situation to the hotel 
 30.32  inspector who shall proceed as provided for in chapter 157. 
 30.33     (b) The word "hotel", as used in this subdivision, has the 
 30.34  meaning given in section 299F.391. 
 30.35     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 30.36     Sec. 8.  Minnesota Statutes 2002, section 299F.46, is 
 31.1   amended by adding a subdivision to read: 
 31.2      Subd. 3.  [INSPECTION FEES.] (a) For each hotel required to 
 31.3   have a fire inspection according to subdivision 1, the 
 31.4   commissioner of public safety is authorized to charge each hotel 
 31.5   a triennial inspection fee of $435 and a per room charge of $5 
 31.6   for one to 18 units; $6 for 19 to 35 units; $7 for 36 to 100 
 31.7   units, and $8 for 100 or more units.  The fee includes one 
 31.8   follow-up inspection.  The commissioner shall charge each resort 
 31.9   a triennial inspection fee of $435 and a per room charge of $5 
 31.10  for one to 10 units; $6 for 11 to 25 units; and $7 for 26 or 
 31.11  more units.  
 31.12     A fee of $225 shall be charged for each additional 
 31.13  follow-up inspection for hotels and resorts, conducted in each 
 31.14  three-year cycle that is necessary to bring the hotel or resort 
 31.15  into compliance with the state fire code. 
 31.16     (b) Nothing in this subdivision shall prevent the 
 31.17  designated agent from continuing to charge an inspection fee or 
 31.18  from establishing a new inspection fee. 
 31.19     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 31.20     Sec. 9.  Minnesota Statutes 2002, section 299F.46, is 
 31.21  amended by adding a subdivision to read: 
 31.22     Subd. 4.  [SPECIAL ACCOUNT.] Money received by the state 
 31.23  fire marshal division for this program must be deposited in the 
 31.24  state treasury and credited to a state fire marshal hotel 
 31.25  inspection dedicated account in the special revenue fund.  All 
 31.26  money in the state fire marshal hotel inspection dedicated 
 31.27  account is annually appropriated to the commissioner of public 
 31.28  safety for purposes of operating and administering this program. 
 31.29     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 31.30     Sec. 10.  [299F.47] [PUBLIC SCHOOL INSPECTIONS.] 
 31.31     Subdivision 1.  [INSPECTION REQUIRED.] The state fire 
 31.32  marshal shall develop a plan to inspect once every three years 
 31.33  every public school facility used for educational purposes.  The 
 31.34  state fire marshal shall charge school districts $0.014 per 
 31.35  square foot for each school building inspected.  These rates 
 31.36  shall include two follow-up inspections or on-site 
 32.1   consultations.  If additional follow-up inspections or 
 32.2   consultations are needed, the state fire marshal shall charge 
 32.3   $0.005 per square foot for each additional follow-up inspection 
 32.4   to each applicable building in which a follow-up inspection is 
 32.5   needed. 
 32.6      Subd. 2.  [CHARTER SCHOOLS.] The state fire marshal shall 
 32.7   charge charter schools $100 for each school building inspected.  
 32.8   This rate shall include two follow-up inspections or on-site 
 32.9   consultations.  If additional follow-up inspections or 
 32.10  consultations are needed, the state fire marshal shall charge 
 32.11  $50 for each additional follow-up inspection to each applicable 
 32.12  building in which a follow-up inspection is needed. 
 32.13     Subd. 3.  [SPECIAL ACCOUNT.] Money received by the state 
 32.14  fire marshal division for this program must be deposited in the 
 32.15  state treasury and credited to a state fire marshal school 
 32.16  inspection dedicated account in the special revenue fund.  All 
 32.17  money in the state fire marshal school inspection account is 
 32.18  annually appropriated to the commissioner of public safety for 
 32.19  purposes of operating and administering this program. 
 32.20     Subd. 4.  [LOCAL INSPECTIONS.] If inspections of public 
 32.21  school buildings and charter schools were conducted by local 
 32.22  units of government between January 1, 1987, and January 1, 
 32.23  1990, then inspections may continue to be provided by the local 
 32.24  unit of government. 
 32.25     Subd. 5.  [VARIANCE.] Notwithstanding section 299F.011, 
 32.26  subdivisions 5a and 5b, a variance from the code must be 
 32.27  approved by the state fire marshal before taking effect. 
 32.28     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 32.29     Sec. 11.  Minnesota Statutes 2002, section 299M.01, is 
 32.30  amended by adding a subdivision to read: 
 32.31     Subd. 8a.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 32.32  CONTRACTOR.] "Multipurpose potable water piping system 
 32.33  contractor" means a person who contracts to sell, design, 
 32.34  install, modify, or inspect a multipurpose potable water piping 
 32.35  system, its parts, or related equipment. 
 32.36     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 33.1      Sec. 12.  Minnesota Statutes 2002, section 299M.01, is 
 33.2   amended by adding a subdivision to read: 
 33.3      Subd. 8b.  [MULTIPURPOSE POTABLE WATER PIPING 
 33.4   SYSTEM.] "Multipurpose potable water piping system" means a 
 33.5   potable water piping system that is intended to serve both 
 33.6   domestic and fire protection needs throughout a one- or 
 33.7   two-family dwelling unit.  No person may install a multipurpose 
 33.8   potable water piping system unless that person is licensed 
 33.9   pursuant to section 326.40 and is certified pursuant to section 
 33.10  299M.03. 
 33.11     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 33.12     Sec. 13.  Minnesota Statutes 2002, section 299M.01, is 
 33.13  amended by adding a subdivision to read: 
 33.14     Subd. 8c.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 33.15  INSTALLER.] "Multipurpose potable water piping system installer" 
 33.16  means a person who is certified as competent to engage in 
 33.17  installing, connecting, altering, repairing, or adding to a 
 33.18  residential multipurpose potable water piping system in a one- 
 33.19  or two-family dwelling unit. 
 33.20     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 33.21     Sec. 14.  Minnesota Statutes 2002, section 299M.03, is 
 33.22  amended by adding a subdivision to read: 
 33.23     Subd. 1a.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 33.24  CONTRACTOR LICENSE.] Except for residential installations by the 
 33.25  owner-occupant of a one- or two-family dwelling, a person may 
 33.26  not sell, design, install, modify, or inspect a multipurpose 
 33.27  potable water piping system, its parts, or related equipment, or 
 33.28  offer to do so, unless annually licensed to perform these duties 
 33.29  as a multipurpose potable water piping system contractor.  No 
 33.30  license is required under this section for a person licensed as 
 33.31  a professional engineer under section 326.03 who is competent in 
 33.32  fire protection system design. 
 33.33     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 33.34     Sec. 15.  Minnesota Statutes 2002, section 299M.03, is 
 33.35  amended by adding a subdivision to read: 
 33.36     Subd. 3.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
 34.1   INSTALLER CERTIFICATE.] Except for residential installations by 
 34.2   the owner-occupant of a one- or two-family dwelling, a person 
 34.3   may not install, connect, alter, repair, or add to a 
 34.4   multipurpose potable water piping system, unless annually 
 34.5   certified to perform these duties as a multipurpose potable 
 34.6   water piping system installer.  A multipurpose potable water 
 34.7   piping system installer certificate only allows the certificate 
 34.8   holder to work on one- and two-family residential units. 
 34.9      [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 34.10     Sec. 16.  Minnesota Statutes 2002, section 299M.03, is 
 34.11  amended by adding a subdivision to read: 
 34.12     Subd. 4.  [JOURNEYMAN SPRINKLER FITTER CERTIFICATION FEE; 
 34.13  ANNUAL APPROPRIATION.] The state fire marshal shall charge $55 
 34.14  to conduct and administer the journeyman sprinkler fitter 
 34.15  certification process.  Money received by the state fire marshal 
 34.16  division for the administration of this program must be 
 34.17  deposited in the state treasury and credited to a state fire 
 34.18  marshal dedicated account in the special revenue fund.  All 
 34.19  money in the state fire marshal account is annually appropriated 
 34.20  to the commissioner of public safety for purposes of 
 34.21  administering this program. 
 34.22     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 34.23     Sec. 17.  Minnesota Statutes 2002, section 299M.04, is 
 34.24  amended to read: 
 34.25     299M.04 [RULES, FEES, ORDERS, PENALTIES.] 
 34.26     The commissioner shall adopt permanent rules for operation 
 34.27  of the council; regulation by municipalities; qualifications, 
 34.28  examination, and licensing of fire protection contractors; 
 34.29  licensing of multipurpose potable water piping system 
 34.30  contractors; certification of multipurpose potable water piping 
 34.31  system installers; certification of journeyman sprinkler 
 34.32  fitters; registration of apprentices; and the administration and 
 34.33  enforcement of this chapter.  Permit fees must be a percentage 
 34.34  of the total cost of the fire protection work. 
 34.35     The commissioner may issue a cease and desist order to 
 34.36  cease an activity considered an immediate risk to public health 
 35.1   or public safety.  The commissioner shall adopt permanent rules 
 35.2   governing when an order may be issued; how long the order is 
 35.3   effective; notice requirements; and other procedures and 
 35.4   requirements necessary to implement, administer, and enforce the 
 35.5   provisions of this chapter.  
 35.6      The commissioner, in place of or in addition to licensing 
 35.7   sanctions allowed under this chapter, may impose a civil penalty 
 35.8   not greater than $1,000 for each violation of this chapter or 
 35.9   rule adopted under this chapter, for each day of violation.  The 
 35.10  commissioner shall adopt permanent rules governing and 
 35.11  establishing procedures for implementation, administration, and 
 35.12  enforcement of this paragraph.  
 35.13     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 35.14     Sec. 18.  Minnesota Statutes 2002, section 299M.11, 
 35.15  subdivision 1, is amended to read: 
 35.16     Subdivision 1.  [LICENSING FEE.] A person required to be 
 35.17  licensed under section 299M.03, subdivision 1 or 1a, shall, 
 35.18  before receipt of the license and before causing fire 
 35.19  protection-related work or multipurpose potable water piping 
 35.20  system work to be performed, pay the commissioner an annual 
 35.21  license fee. 
 35.22     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 35.23     Sec. 19.  Minnesota Statutes 2002, section 299M.11, 
 35.24  subdivision 2, is amended to read: 
 35.25     Subd. 2.  [CERTIFICATION FEE.] Employees required to be 
 35.26  certified under section 299M.03, subdivision 2 or 3, shall, 
 35.27  before performing fire protection-related work or multipurpose 
 35.28  potable water piping system work, pay the commissioner an annual 
 35.29  certification fee. 
 35.30     [EFFECTIVE DATE.] This section is effective July 1, 2004. 
 35.31     Sec. 20.  Minnesota Statutes 2002, section 609.119, is 
 35.32  amended to read: 
 35.33     609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR 
 35.34  DNA TESTING.] 
 35.35     (a) From July 1, 2002 2003, to June 30, 2003 2005, The 
 35.36  court shall order an offender to provide a biological specimen 
 36.1   for the purpose of future DNA analysis as described in section 
 36.2   299C.155 when: 
 36.3      (1) the court sentences a person charged with committing or 
 36.4   attempting to commit a felony offense not described in section 
 36.5   609.117, subdivision 1, and the person is convicted of that 
 36.6   offense or of any felony offense arising out of the same set of 
 36.7   circumstances; or 
 36.8      (2) the juvenile court adjudicates a person a delinquent 
 36.9   child who is petitioned for committing or attempting to commit a 
 36.10  felony offense not described in section 609.117, subdivision 1, 
 36.11  and is adjudicated delinquent for that offense or any 
 36.12  felony-level offense arising out of the same set of 
 36.13  circumstances. 
 36.14  The biological specimen shall be maintained by the bureau of 
 36.15  criminal apprehension as provided in section 299C.155. 
 36.16     (b) From July 1, 2002 2003, to June 30, 2003 2005, the 
 36.17  commissioner of corrections or local corrections authority shall 
 36.18  order a person to provide a biological specimen for the purpose 
 36.19  of future DNA analysis as described in section 299C.155 before 
 36.20  completion of the person's term of imprisonment when the person 
 36.21  has not provided a biological specimen for the purpose of DNA 
 36.22  analysis, and the person: 
 36.23     (1) was initially charged with committing or attempting to 
 36.24  commit a felony offense not described in section 609.117, 
 36.25  subdivision 1, and was convicted of that offense or of any 
 36.26  felony offense arising out of the same set of circumstances; or 
 36.27     (2) is serving a term of imprisonment in this state under a 
 36.28  reciprocal agreement although convicted in another state of 
 36.29  committing or attempting to commit a felony offense not 
 36.30  described in section 609.117, subdivision 1, or of any felony 
 36.31  offense arising out of the same set of circumstances if the 
 36.32  person was initially charged with committing or attempting to 
 36.33  commit a felony offense not described in section 609.117, 
 36.34  subdivision 1.  
 36.35  The commissioner of corrections or local corrections authority 
 36.36  shall forward the sample to the bureau of criminal apprehension. 
 37.1      (c) From July 1, 2002 2003, to June 30, 2003 2005, when the 
 37.2   state accepts an offender from another state under the 
 37.3   interstate compact authorized by section 243.16 or 243.1605, the 
 37.4   acceptance is conditional on the offender providing a biological 
 37.5   specimen for the purposes of future DNA analysis as described in 
 37.6   section 299C.155, if the offender was initially charged with 
 37.7   committing or attempting to commit a felony offense not 
 37.8   described in section 609.117, subdivision 1, and was convicted 
 37.9   of that offense or of any felony offense arising out of the same 
 37.10  set of circumstances.  The specimen must be provided under 
 37.11  supervision of staff from the department of corrections or a 
 37.12  Community Corrections Act county within 15 business days after 
 37.13  the offender reports to the supervising agent.  The cost of 
 37.14  obtaining the biological specimen is the responsibility of the 
 37.15  agency providing supervision. 
 37.16     [EFFECTIVE DATE.] This section is effective July 1, 2003 
 37.17  and applies to offenders sentenced, released from incarceration, 
 37.18  or accepted for supervision on or after that date. 
 37.19     Sec. 21.  [REPEALER.] 
 37.20     Minnesota Statutes 2002, section 123B.73 is repealed. 
 37.21     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 37.22                             ARTICLE 5 
 37.23                   CORRECTIONS POLICY PROVISIONS
 37.24     Section 1.  Minnesota Statutes 2002, section 241.016, 
 37.25  subdivision 1, is amended to read: 
 37.26     Subdivision 1.  [ANNUAL BIENNIAL REPORT.] (a) The 
 37.27  department of corrections shall submit a performance report to 
 37.28  the chairs and ranking minority members of the senate and house 
 37.29  committees and divisions having jurisdiction over criminal 
 37.30  justice funding by January 15 of each year, 2005, and every 
 37.31  other year thereafter.  The issuance and content of the report 
 37.32  must include the following: 
 37.33     (1) department strategic mission, goals, and objectives; 
 37.34     (2) the department-wide per diem, adult facility-specific 
 37.35  per diems, and an average per diem, reported in a standard 
 37.36  calculated method as outlined in the departmental policies and 
 38.1   procedures; and 
 38.2      (3) department annual statistics as outlined in the 
 38.3   departmental policies and procedures.  
 38.4      (b) The department shall maintain recidivism rates for 
 38.5   adult facilities on an annual basis.  In addition, each year the 
 38.6   department shall, on an alternating basis, complete a recidivism 
 38.7   analysis of adult facilities, juvenile services, and the 
 38.8   community services divisions and include a three-year recidivism 
 38.9   analysis in the report described in paragraph (a).  When 
 38.10  appropriate, the recidivism analysis must include education 
 38.11  programs, vocational programs, treatment programs, industry, and 
 38.12  employment. 
 38.13     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 38.14     Sec. 2.  Minnesota Statutes 2002, section 243.53, 
 38.15  subdivision 1, is amended to read: 
 38.16     Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
 38.17  sufficient cells available, each inmate shall be confined in a 
 38.18  separate cell.  Each inmate shall be confined in a separate cell 
 38.19  in institutions classified by the commissioner as custody level 
 38.20  five and six institutions.  This requirement does not apply to 
 38.21  the following: 
 38.22     (1) geriatric dormitory-type facilities; 
 38.23     (2) honor dormitory-type facilities; and 
 38.24     (3) any other multiple occupancy facility at a custody 
 38.25  level five or six institution that confines inmates who could be 
 38.26  confined in an institution at custody level four or lower. 
 38.27     (b) Correctional institutions classified by the 
 38.28  commissioner as custody level one, two, three, or four, or five 
 38.29  institutions, to the greatest extent possible, must permit 
 38.30  multiple occupancy, within the limits of the facility 
 38.31  infrastructure and programming space, except segregation units, 
 38.32  to the greatest extent possible. 
 38.33     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 38.34     Sec. 3.  [243.557] [INMATE FOOD.] 
 38.35     Where inmates in a state correctional facility are not 
 38.36  routinely absent from the facility for work or other purposes, 
 39.1   the commissioner, to the extent possible, must make three meals 
 39.2   available Monday through Friday, excluding holidays, and two 
 39.3   meals available on Saturdays, Sundays, and holidays. 
 39.4      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 39.5      Sec. 4.  [244.175] [PRIVATE, NONPROFIT FAITH-BASED 
 39.6   INSTITUTION PROGRAM.] 
 39.7      Subdivision 1.  [DEFINITIONS.] (a) The terms in this 
 39.8   subdivision apply to this section. 
 39.9      (b) "Remaining term of imprisonment" as applied to inmates 
 39.10  whose crimes were committed before August 1, 1993, is the period 
 39.11  of time for which an inmate is committed to the custody of the 
 39.12  commissioner of corrections minus earned good time and jail 
 39.13  credit, if any. 
 39.14     (c) "Remaining term of imprisonment" as applied to inmates 
 39.15  whose crimes were committed on or after August 1, 1993, is the 
 39.16  period of time equal to two-thirds of the inmate's executed 
 39.17  sentence, minus jail credit, if any. 
 39.18     Subd. 2.  [GENERALLY.] An inmate who meets the eligibility 
 39.19  requirements of subdivision 2 may apply to spend the final 12 to 
 39.20  16 months of the inmates remaining term of imprisonment in a 
 39.21  correctional institution operated by a private, nonprofit 
 39.22  faith-based organization. 
 39.23     Subd. 3.  [ELIGIBILITY.] Any inmate who has fewer than 24 
 39.24  months of a remaining term of imprisonment may apply to the 
 39.25  commissioner for a transfer to a private, nonprofit faith-based, 
 39.26  licensed correctional institution for the final 12 to 16 months 
 39.27  of the inmate's remaining term of imprisonment. 
 39.28     Subd. 4.  [COMMISSIONER'S AUTHORITY.] The commissioner may 
 39.29  establish guidelines for inmate participation.  The commissioner 
 39.30  may refuse an application by an inmate to transfer to a private, 
 39.31  nonprofit faith-based institution without cause.  The 
 39.32  commissioner's decision is final and nonreviewable. 
 39.33     Subd. 5.  [ELIGIBLE ORGANIZATION.] The commissioner may 
 39.34  establish guidelines for an organization to be eligible to 
 39.35  incarcerate inmates under this section.  At a minimum, the 
 39.36  organization must be licensed to operate a correctional facility 
 40.1   under section 241.021.  The commissioner's guidelines must be 
 40.2   neutral as to the religious affiliation, if any, of the 
 40.3   organization. 
 40.4      Subd. 6.  [ORGANIZATION'S AUTHORITY.] An organization that 
 40.5   operates a private, nonprofit faith-based program has the right 
 40.6   to refuse to accept any applicant without cause.  The 
 40.7   organization's decision is final and nonreviewable. 
 40.8      Subd. 7.  [PER DIEM.] The department shall pay an 
 40.9   organization that incarcerates an inmate under this section a 
 40.10  per diem amount no larger than the per diem cost to the 
 40.11  department to incarcerate the inmate.  The per diem is 
 40.12  non-negotiable.  Participating organizations must keep a 
 40.13  separate account for public per diem funds received from the 
 40.14  department of corrections.  This fund must be subject to review 
 40.15  by the department of corrections and the legislature.  No 
 40.16  portion of the state funding may be used by a participating 
 40.17  organization to fund religious programming.  
 40.18     Sec. 5.  Minnesota Statutes 2002, section 609.105, 
 40.19  subdivision 1, is amended to read: 
 40.20     Subdivision 1.  In a felony sentence to imprisonment, when 
 40.21  the remaining term of imprisonment is for more than one year 180 
 40.22  days or less, the defendant shall commit the defendant be 
 40.23  committed to the custody of the commissioner of corrections and 
 40.24  must serve the remaining term of imprisonment at a workhouse, 
 40.25  work farm, county jail, or other place authorized by law.  
 40.26     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 40.27     Sec. 6.  Minnesota Statutes 2002, section 609.105, is 
 40.28  amended by adding a subdivision to read: 
 40.29     Subd. 1a.  [DEFINITIONS.] (a) The terms in this subdivision 
 40.30  apply to this section. 
 40.31     (b) "Remaining term of imprisonment" as applied to inmates 
 40.32  whose crimes were committed before August 1, 1993, is the period 
 40.33  of time for which an inmate is committed to the custody of the 
 40.34  commissioner of corrections minus earned good time and jail 
 40.35  credit, if any. 
 40.36     (c) "Remaining term of imprisonment" as applied to inmates 
 41.1   whose crimes were committed on or after August 1, 1993, is the 
 41.2   period of time equal to two-thirds of the inmate's executed 
 41.3   sentence, minus jail credit, if any. 
 41.4      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 41.5      Sec. 7.  Minnesota Statutes 2002, section 609.105, is 
 41.6   amended by adding a subdivision to read: 
 41.7      Subd. 1b.  [SENTENCE TO MORE THAN 180 DAYS.] A felony 
 41.8   sentence to imprisonment when the warrant of commitment has a 
 41.9   remaining term of imprisonment for more than 180 days shall 
 41.10  commit the defendant to the custody of the commissioner of 
 41.11  corrections. 
 41.12     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 41.13     Sec. 8.  [641.015] [PLACEMENT IN PRIVATE PRISONS 
 41.14  AUTHORIZED.] 
 41.15     If there is insufficient capacity in a county jail, the 
 41.16  county board may authorize the sheriff to contract with private 
 41.17  prisons for the care, custody, and rehabilitation of offenders 
 41.18  for whom there is insufficient space.  
 41.19     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 41.20     Sec. 9.  Minnesota Statutes 2002, section 641.14, is 
 41.21  amended to read: 
 41.22     641.14 [JAILS; SEPARATION OF PRISONERS.] 
 41.23     The sheriff of each county is responsible for the operation 
 41.24  and condition of the jail.  If construction of the jail permits, 
 41.25  the sheriff may permit multiple occupancy but the sheriff shall 
 41.26  maintain strict separation of prisoners to the extent that 
 41.27  separation is consistent with prisoners' security, safety, 
 41.28  health, and welfare.  The sheriff shall not keep in the same 
 41.29  room or section of the jail: 
 41.30     (1) a minor under 18 years old and a prisoner who is 18 
 41.31  years old or older, unless: 
 41.32     (i) the minor has been committed to the commissioner of 
 41.33  corrections under section 609.105; 
 41.34     (ii) the minor has been referred for adult prosecution and 
 41.35  the prosecuting authority has filed a notice of intent to 
 41.36  prosecute the matter for which the minor is being held under 
 42.1   section 260B.125; or 
 42.2      (iii) the minor is 16 or 17 years old and has been indicted 
 42.3   for murder in the first degree; 
 42.4      (2) a female prisoner and a male prisoner; and 
 42.5      (3) a minor under 18 years old and an extended jurisdiction 
 42.6   juvenile 18 years old or older who is alleged to have violated 
 42.7   the conditions of the stay of execution. 
 42.8      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 42.9      Sec. 10.  Minnesota Statutes 2002, section 641.263, is 
 42.10  amended by adding a subdivision to read: 
 42.11     Subd. 5.  [MULTIPLE OCCUPANCY CELLS.] If construction of 
 42.12  the jail permits, the board may, by resolution, authorize 
 42.13  multiple occupancy, but the superintendent must maintain strict 
 42.14  separation of prisoners to the extent that separation is 
 42.15  necessary to ensure prisoners' security, safety, health, and 
 42.16  welfare. 
 42.17     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 42.18     Sec. 11.  Minnesota Statutes 2002, section 641.263, is 
 42.19  amended by adding a subdivision to read: 
 42.20     Subd. 6.  [PLACEMENT IN PRIVATE PRISONS AUTHORIZED.] If 
 42.21  there is insufficient capacity in a regional jail, the board may 
 42.22  contract with private prisons for the care, custody, and 
 42.23  rehabilitation of offenders for whom there is insufficient space.
 42.24     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 42.25     Sec. 12.  [PRIVATIZATION PROPOSALS.] 
 42.26     (a) The commissioner of corrections, in consultation with 
 42.27  the commissioner of administration, must issue a request for 
 42.28  proposals by September 1, 2003, for one or more vendors to 
 42.29  provide correctional facility or facilities, for persons 
 42.30  committed to the commissioner of corrections on or after July 1, 
 42.31  2006.  The request for proposals issued under this section must 
 42.32  relate to the care, custody, and programming for all of state or 
 42.33  county housed offenders with remaining term of imprisonment of 
 42.34  less than 365 days.  The commissioner may consider proposals 
 42.35  from: 
 42.36     (1) private vendors with facilities either within or 
 43.1   outside of Minnesota; 
 43.2      (2) consortia of counties; 
 43.3      (3) nonprofit entities; 
 43.4      (4) Camp Ripley; 
 43.5      (5) regional treatment centers; or 
 43.6      (6) any other state partnerships. 
 43.7      (b) The commissioner must consider the following factors in 
 43.8   issuing the request for proposals: 
 43.9      (1) type and length of programming for offenders serving 
 43.10  less than one year; 
 43.11     (2) the transport of offenders to and from the proposed 
 43.12  facility; 
 43.13     (3) detailed current and future costs and per diems 
 43.14  associated with the proposed facility; 
 43.15     (4) admission and release procedures of the proposed 
 43.16  facility; 
 43.17     (5) insurance of the proposed vendor; and 
 43.18     (6) other factors deemed appropriate for consideration by 
 43.19  the commissioner of corrections. 
 43.20     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 43.21     Sec. 13.  [PRISON PRIVATIZATION ADVISORY COMMITTEE.] 
 43.22     Subdivision 1.  [CREATION; MEMBERSHIP.] The commissioner of 
 43.23  corrections shall convene an advisory committee to review and 
 43.24  make recommendations on the prison privatization proposals 
 43.25  received pursuant to section 11.  The advisory group shall 
 43.26  consist of the: 
 43.27     (1) commissioner of corrections or the commissioner's 
 43.28  designee; 
 43.29     (2) deputy commissioner of corrections who has supervision 
 43.30  and control over correctional facilities; 
 43.31     (3) commissioner of administration or the commissioner's 
 43.32  designee; 
 43.33     (4) executive director of the Minnesota sheriff's 
 43.34  association or the director's designee; 
 43.35     (5) two members from the house of representatives, one a 
 43.36  majority member and one a minority member, appointed by the 
 44.1   speaker of the house; and 
 44.2      (6) two members from the senate, one a majority member and 
 44.3   one a minority member, appointed by the president of the senate. 
 44.4      Subd. 2.  [CHAIRPERSONS.] The appointed majority members of 
 44.5   the house and senate shall co-chair the advisory group. 
 44.6      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 44.7      Sec. 14.  [COST-EFFECTIVENESS STUDY; PRISON PRIVATIZATION.] 
 44.8      By February 1, 2004, the commissioner of corrections shall 
 44.9   report to the chairs and ranking minority members of the 
 44.10  legislative committees having jurisdiction over corrections and 
 44.11  judiciary policy and finance on the proposals obtained pursuant 
 44.12  to section 11 and the recommendations from the advisory group 
 44.13  created in section 12. 
 44.14     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 44.15     Sec. 15.  [CREATION OF PRETRIAL DIVERSION STUDY GROUP.] 
 44.16     The Sentencing Guidelines Commission shall convene a work 
 44.17  group of criminal justice professionals to study and make 
 44.18  recommendations on the equitable use of pretrial diversion in 
 44.19  each county to accomplish the following goals: 
 44.20     (1) to provide eligible offenders with an alternative to 
 44.21  confinement and a criminal conviction; 
 44.22     (2) to reduce the costs and caseload burdens on the 
 44.23  criminal justice system; 
 44.24     (3) to minimize recidivism among diverted offenders; 
 44.25     (4) to promote the collection of restitution to the victim 
 44.26  of the offender's crime; and 
 44.27     (5) to develop responsible alternatives to the criminal 
 44.28  justice system for eligible offenders. 
 44.29  The Sentencing Guidelines Commission shall report to the chairs 
 44.30  and ranking minority members of the committees having 
 44.31  jurisdiction over criminal justice policy and funding on 
 44.32  February 1, 2004. 
 44.33     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 44.34     Sec. 16.  [REPEALER.] 
 44.35     Laws 2002, chapter 220, article 6, section 6, is repealed. 
 44.36     Minnesota Statutes 2002, section 241.41; 241.42; 241.43; 
 45.1   241.44; 241.441; and 241.45, are repealed. 
 45.2      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 45.3      Sec. 17.  [EXPIRATION.] 
 45.4      Sections 5, 6, and 7 expire on July 1, 2007. 
 45.5                              ARTICLE 6 
 45.6                              PROBATION
 45.7      Section 1.  [244.196] [DEFINITIONS.] 
 45.8      Subdivision 1.  [DEFINITIONS.] As used in sections 244.196 
 45.9   to 244.199, the following terms have the meanings given them. 
 45.10     Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
 45.11  section 609.02, subdivision 15. 
 45.12     Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
 45.13  violation sanction" includes, but is not limited to, electronic 
 45.14  monitoring, intensive probation, sentencing to service, 
 45.15  reporting to a day reporting center, chemical dependency or 
 45.16  mental health treatment or counseling, community work service, 
 45.17  remote electronic alcohol monitoring, random drug testing, and 
 45.18  participation in an educational or restorative justice program. 
 45.19  A probation violation sanction does not include any type of 
 45.20  custodial sanction, including, but not limited to, detention and 
 45.21  incarceration. 
 45.22     Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
 45.23  means a voluntary conference at which the county probation 
 45.24  officer, offender, and, if appropriate, other interested parties 
 45.25  meet to discuss the probation violation sanction for the 
 45.26  offender's technical violation of probation. 
 45.27     Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
 45.28  conference form" means a form developed by the chief executive 
 45.29  officer of a local corrections agency with the approval of the 
 45.30  district court that explains the sanctions conference and the 
 45.31  offender's option to elect to participate in the sanctions 
 45.32  conference or to proceed to a judicial hearing. 
 45.33     Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
 45.34  means any violation of a court order of probation, except an 
 45.35  allegation of a subsequent criminal act that is alleged in a 
 45.36  formal complaint, citation, or petition. 
 46.1      Sec. 2.  [244.197] [INITIATION OF SANCTIONS CONFERENCE.] 
 46.2      Subdivision 1.  [AUTHORITY.] Unless the district court 
 46.3   directs otherwise, a probation agency may use a sanctions 
 46.4   conference to address an offender's technical violation of 
 46.5   probation. 
 46.6      Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
 46.7   has reason to believe that an offender has committed a technical 
 46.8   violation of probation, the agency shall notify the offender in 
 46.9   writing of the specific nature of the technical violation and 
 46.10  the scheduling of a sanctions conference, including the date, 
 46.11  time, and location of the sanctions conference.  The notice 
 46.12  shall also state that if the offender fails to appear at the 
 46.13  sanctions conference, the probation agency may apprehend and 
 46.14  detain the offender under section 244.195 and ask the court to 
 46.15  commence revocation proceedings under section 609.14 and rule 
 46.16  27.04 of the Rules of Criminal Procedure.  To the extent 
 46.17  feasible, the sanctions conference must take place within seven 
 46.18  days of mailing of the notice to the offender. 
 46.19     Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
 46.20  conference, the county probation officer shall provide the 
 46.21  offender with a copy of a sanctions conference form explaining 
 46.22  the sanctions conference and the offender's options for 
 46.23  proceeding.  The offender must stipulate, in writing, that the 
 46.24  offender has received a copy of the sanctions conference form 
 46.25  and that the offender understands the information contained in 
 46.26  the form and the options available to the offender.  The 
 46.27  offender also must declare, in writing, the offender's decision 
 46.28  to either participate in the sanctions conference or proceed 
 46.29  with a judicial hearing. 
 46.30     Sec. 3.  [244.198] [PARTICIPATION IN SANCTIONS CONFERENCE.] 
 46.31     Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
 46.32  elects to participate in the sanctions conference, the county 
 46.33  probation officer shall inform the offender, orally and in 
 46.34  writing, of the probation violation sanction that the county 
 46.35  probation officer is recommending for the technical violation of 
 46.36  probation.  The county probation officer shall inform the 
 47.1   offender that the probation violation sanction becomes effective 
 47.2   upon confirmation by a judge of the district court. 
 47.3      Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
 47.4   elects to participate in the sanctions conference, the county 
 47.5   probation officer conducting the sanctions conference shall 
 47.6   provide a report to the district court containing: 
 47.7      (1) the specific nature of the technical violation of 
 47.8   probation; 
 47.9      (2) the notice provided to the offender of the technical 
 47.10  violation of probation and the scheduling of the sanctions 
 47.11  conference; 
 47.12     (3) a copy of the offender's signed stipulation indicating 
 47.13  that the offender received a copy of the sanctions conference 
 47.14  form and understood it; 
 47.15     (4) a copy of the offender's written declaration to 
 47.16  participate in the sanctions conference; and 
 47.17     (5) the recommended probation violation sanction. 
 47.18  The recommended probation violation sanction becomes effective 
 47.19  when confirmed by a judge.  The order of the court shall be 
 47.20  proof of such confirmation. 
 47.21     Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
 47.22  county probation officer's receipt of a confirmed order by the 
 47.23  judge, the county probation officer shall notify the offender in 
 47.24  writing that the probation violation sanction has been approved 
 47.25  by the court. 
 47.26     (b) If the court does not confirm the recommendation of the 
 47.27  county probation officer, the probation violation sanction shall 
 47.28  not go into effect.  The county probation officer shall notify 
 47.29  the offender that the court has not confirmed the sanction. 
 47.30     (c) If the court does not confirm the recommendation, the 
 47.31  county probation officer may ask the court to commence 
 47.32  revocation proceedings under section 609.14. 
 47.33     Subd. 4.  [APPEAL.] An offender may appeal the judge's 
 47.34  confirmation of the probation violation sanction as provided in 
 47.35  rule 28.05 of the Rules of Criminal Procedure. 
 47.36     Sec. 4.  [244.199] [ELECTION NOT TO PARTICIPATE.] 
 48.1      If the offender elects not to participate in the sanctions 
 48.2   conference, the county probation officer may ask the court to 
 48.3   initiate revocation proceedings or refer the matter to the 
 48.4   appropriate prosecuting authority for action under section 
 48.5   609.14.  The county probation officer also may take action to 
 48.6   apprehend and detain the offender under section 244.195. 
 48.7      Sec. 5.  Minnesota Statutes 2002, section 609.135, 
 48.8   subdivision 1, is amended to read: 
 48.9      Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
 48.10  sentence of life imprisonment is required by law, or when a 
 48.11  mandatory minimum sentence is required by section 609.11, any 
 48.12  court may stay imposition or execution of sentence and: 
 48.13     (1) may order intermediate sanctions without placing the 
 48.14  defendant on probation; or 
 48.15     (2) may place the defendant on probation with or without 
 48.16  supervision and on the terms the court prescribes, including 
 48.17  intermediate sanctions when practicable.  The court may order 
 48.18  the supervision to be under the probation officer of the court, 
 48.19  or, if there is none and the conviction is for a felony or gross 
 48.20  misdemeanor, by the commissioner of corrections, or in any case 
 48.21  by some other suitable and consenting person.  Unless the court 
 48.22  directs otherwise, state parole and probation agents and 
 48.23  probation officers may impose community work service for an 
 48.24  offender's or probation violation sanctions, consistent with 
 48.25  section 243.05, subdivision 1; 244.19, subdivision 3a sections 
 48.26  244.196 to 244.199; or 401.02, subdivision 5. 
 48.27     No intermediate sanction may be ordered performed at a 
 48.28  location that fails to observe applicable requirements or 
 48.29  standards of chapter 181A or 182, or any rule promulgated under 
 48.30  them.  
 48.31     (b) For purposes of this subdivision, subdivision 6, and 
 48.32  section 609.14, the term "intermediate sanctions" includes but 
 48.33  is not limited to incarceration in a local jail or workhouse, 
 48.34  home detention, electronic monitoring, intensive probation, 
 48.35  sentencing to service, reporting to a day reporting center, 
 48.36  chemical dependency or mental health treatment or counseling, 
 49.1   restitution, fines, day-fines, community work service, work 
 49.2   service in a restorative justice program, work in lieu of or to 
 49.3   work off fines and, with the victim's consent, work in lieu of 
 49.4   or to work off restitution.  
 49.5      (c) A court may not stay the revocation of the driver's 
 49.6   license of a person convicted of violating the provisions of 
 49.7   section 169A.20. 
 49.8      Sec. 6.  [SANCTIONS CONFERENCE PROCEDURES.] 
 49.9      The chief executive officer of a local corrections agency, 
 49.10  with approval of the district court, shall develop procedures 
 49.11  for the sanctions conference identified in Minnesota Statutes, 
 49.12  sections 244.196 to 244.199, and develop a sanctions conference 
 49.13  form that includes notice to the offender: 
 49.14     (1) of the specific court-ordered condition of release that 
 49.15  the offender has allegedly violated, the probation officer's 
 49.16  authority to ask the court to revoke the offender's probation 
 49.17  for the technical violation, and the offender's right to elect 
 49.18  to participate in a sanctions conference to address the 
 49.19  technical violation in lieu of the probation officer asking the 
 49.20  court to revoke the offender's probation; 
 49.21     (2) that participation in the sanctions conference is in 
 49.22  lieu of a court hearing under Minnesota Statutes, section 
 49.23  609.14, and that, if the offender elects to participate in the 
 49.24  sanctions conference, the offender must admit, or agree not to 
 49.25  contest, the alleged technical violation and must waive the 
 49.26  right to contest the violation at a judicial hearing, present 
 49.27  evidence, call witnesses, cross-examine the state's witnesses, 
 49.28  and be represented by counsel; 
 49.29     (3) that, if the offender chooses, the offender has a right 
 49.30  to a hearing before the court under Minnesota Statutes, section 
 49.31  609.14, for a determination of whether the offender committed 
 49.32  the alleged violation, including the right to be present at the 
 49.33  hearing, to cross-examine witnesses, to have witnesses 
 49.34  subpoenaed for the offender, to have an attorney present or to 
 49.35  have an attorney appointed if the offender cannot afford one, 
 49.36  and to require the state to prove the allegations against the 
 50.1   offender; 
 50.2      (4) that if, after a hearing, the court finds the 
 50.3   violations have been proven, the court may continue the 
 50.4   sentence, subject to the same, modified, or additional 
 50.5   conditions, or order a sanction that may include incarceration, 
 50.6   additional fines, revocation of the stay of sentence, imposition 
 50.7   of sentence, or other sanctions; 
 50.8      (5) that the decision to participate in the sanctions 
 50.9   conference will not result in the probation officer recommending 
 50.10  revocation of the offender's stay of sentence, unless the 
 50.11  offender fails to successfully complete the probation violation 
 50.12  sanction; 
 50.13     (6) that various types of probation violation sanctions may 
 50.14  be imposed and that the probation violation sanctions imposed on 
 50.15  the offender will depend on the nature of the technical 
 50.16  violation, the offender's criminal history, and the offender's 
 50.17  level of supervision; 
 50.18     (7) that the probation violation sanctions supplement any 
 50.19  existing conditions of release; and 
 50.20     (8) that participation in the sanctions conference requires 
 50.21  completion of all probation violation sanctions imposed by the 
 50.22  probation agency, and that failure to successfully complete the 
 50.23  imposed probation violation sanctions could result in additional 
 50.24  sanctions or the commencement of revocation proceedings under 
 50.25  Minnesota Statutes, section 609.14. 
 50.26     Sec. 7.  [REPEALER.] 
 50.27     Minnesota Statutes 2002, section 244.19, subdivision 3a, is 
 50.28  repealed.  
 50.29     Sec. 8.  [EFFECTIVE DATE.] 
 50.30     Sections 1 to 7 are effective August 1, 2003, and apply to 
 50.31  technical violations of probation that occur on or after that 
 50.32  date. 
 50.33                             ARTICLE 7 
 50.34                        JUVENILE LAW POLICY 
 50.35     Section 1.  Minnesota Statutes 2002, section 260B.105, 
 50.36  subdivision 1, is amended to read: 
 51.1      Subdivision 1.  [VENUE.] Except where otherwise provided, 
 51.2   venue for any proceedings under section 260B.101 shall be in the 
 51.3   county where the child is found, or the county of the child's 
 51.4   residence.  If delinquency, a juvenile petty offense, or a 
 51.5   juvenile traffic offense is alleged, proceedings shall be 
 51.6   brought in the county of residence or the county where the 
 51.7   alleged delinquency, juvenile petty offense, or juvenile traffic 
 51.8   offense occurred.  
 51.9      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 51.10  and applies to offenses committed on or after that date. 
 51.11     Sec. 2.  Minnesota Statutes 2002, section 260B.105, 
 51.12  subdivision 2, is amended to read: 
 51.13     Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
 51.14  transfer any proceedings brought under section 260B.101, to the 
 51.15  juvenile court of a county having venue as provided in 
 51.16  subdivision 1, at any stage of the proceedings and in the 
 51.17  following manner.  When it appears that the best interests of 
 51.18  the child, society, or the convenience of proceedings will be 
 51.19  served by a transfer, the court may transfer the case to the 
 51.20  juvenile court of the county of the child's residence.  With the 
 51.21  consent of the receiving court, the court may also transfer the 
 51.22  case to the juvenile court of the county where the child is 
 51.23  found or,.  If delinquency, a juvenile petty offense, or a 
 51.24  juvenile traffic offense is alleged, to the county where the 
 51.25  alleged delinquency, juvenile petty offense, or juvenile traffic 
 51.26  offense occurred the court shall first hear the case and then 
 51.27  may transfer the case to the juvenile court of the county of the 
 51.28  child's residence for disposition after a finding or admission 
 51.29  of guilt.  The court transfers the case by ordering a 
 51.30  continuance and by forwarding to the court administrator of the 
 51.31  appropriate juvenile court a certified copy of all papers filed, 
 51.32  together with an order of transfer.  The judge of the receiving 
 51.33  court may accept the findings of the transferring court or may 
 51.34  direct the filing of a new petition or notice under section 
 51.35  260B.007, subdivision 18, or 260B.143 and hear the case anew.  
 51.36     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 52.1   and applies to offenses committed on or after that date. 
 52.2      Sec. 3.  Minnesota Statutes 2002, section 260B.125, 
 52.3   subdivision 8, is amended to read: 
 52.4      Subd. 8.  [WRITTEN FINDINGS; OPTIONS.] The court shall 
 52.5   decide whether to order certification within 15 days after the 
 52.6   certification hearing was completed, unless additional time is 
 52.7   needed, in which case the court may extend the period up to 
 52.8   another 15 days.  If the juvenile court orders certification, 
 52.9   and the presumption described in subdivision 3 does not apply, 
 52.10  the order shall contain in writing, findings of fact and 
 52.11  conclusions of law as to why public safety is not served by 
 52.12  retaining the proceeding in the juvenile court.  If the juvenile 
 52.13  court, after a hearing conducted pursuant to subdivision 2, 
 52.14  decides not to order certification, the decision shall contain, 
 52.15  in writing, findings of fact and conclusions of law as to why 
 52.16  certification is not ordered.  If the delinquency petition was 
 52.17  filed before July 1, 2003, and the juvenile court decides not to 
 52.18  order certification in a case in which the presumption described 
 52.19  in subdivision 3 applies, the court shall designate the 
 52.20  proceeding an extended jurisdiction juvenile prosecution and 
 52.21  include in its decision written findings of fact and conclusions 
 52.22  of law as to why the retention of the proceeding in juvenile 
 52.23  court serves public safety, with specific reference to the 
 52.24  factors listed in subdivision 4.  If the delinquency petition 
 52.25  was filed before July 1, 2003, and the court decides not to 
 52.26  order certification in a case in which the presumption described 
 52.27  in subdivision 3 does not apply, the court may designate the 
 52.28  proceeding an extended jurisdiction juvenile prosecution, 
 52.29  pursuant to the hearing process described in section 260B.130, 
 52.30  subdivision 2.  
 52.31     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 52.32     Sec. 4.  Minnesota Statutes 2002, section 260B.130, 
 52.33  subdivision 1, is amended to read: 
 52.34     Subdivision 1.  (a) [AVAILABILITY.] Extended jurisdiction 
 52.35  juvenile prosecution cannot be used for crimes charged or 
 52.36  delinquency petitions filed after July 1, 2003.  Persons 
 53.1   receiving an extended juvenile jurisdiction adjudication for 
 53.2   crimes charged or delinquency petitions filed before July 1, 
 53.3   2003, shall complete their sentence as extended jurisdiction 
 53.4   juveniles.  
 53.5      (b) [DESIGNATION.] A proceeding involving a child alleged 
 53.6   to have committed a felony offense is an extended jurisdiction 
 53.7   juvenile prosecution if: 
 53.8      (1) the child was 14 to 17 years old at the time of the 
 53.9   alleged offense, a certification hearing was held, and the court 
 53.10  designated the proceeding an extended jurisdiction juvenile 
 53.11  prosecution; 
 53.12     (2) the child was 16 or 17 years old at the time of the 
 53.13  alleged offense; the child is alleged to have committed an 
 53.14  offense for which the sentencing guidelines and applicable 
 53.15  statutes presume a commitment to prison or to have committed any 
 53.16  felony in which the child allegedly used a firearm; and the 
 53.17  prosecutor designated in the delinquency petition that the 
 53.18  proceeding is an extended jurisdiction juvenile prosecution; or 
 53.19     (3) the child was 14 to 17 years old at the time of the 
 53.20  alleged offense, the prosecutor requested that the proceeding be 
 53.21  designated an extended jurisdiction juvenile prosecution, a 
 53.22  hearing was held on the issue of designation, and the court 
 53.23  designated the proceeding an extended jurisdiction juvenile 
 53.24  prosecution.  
 53.25     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 53.26     Sec. 5.  Minnesota Statutes 2002, section 260B.141, 
 53.27  subdivision 4, is amended to read: 
 53.28     Subd. 4.  [DELINQUENCY PETITION; EXTENDED JURISDICTION 
 53.29  JUVENILE.] When a prosecutor files a delinquency petition before 
 53.30  July 1, 2003, alleging that a child committed a felony offense 
 53.31  for which there is a presumptive commitment to prison according 
 53.32  to the sentencing guidelines and applicable statutes or in which 
 53.33  the child used a firearm, after reaching the age of 16 years, 
 53.34  the prosecutor shall indicate in the petition whether the 
 53.35  prosecutor designates the proceeding an extended jurisdiction 
 53.36  juvenile prosecution.  When a prosecutor files a delinquency 
 54.1   petition before July 1, 2003, alleging that a child aged 14 to 
 54.2   17 years committed a felony offense, the prosecutor may request 
 54.3   that the court designate the proceeding an extended jurisdiction 
 54.4   juvenile prosecution.  
 54.5      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 54.6      Sec. 6.  Minnesota Statutes 2002, section 260B.143, 
 54.7   subdivision 1, is amended to read: 
 54.8      Subdivision 1.  [NOTICE.] When a peace officer has probable 
 54.9   cause to believe that a child: 
 54.10     (1) is a juvenile petty offender; or 
 54.11     (2) has committed a delinquent act that would be a petty 
 54.12  misdemeanor or misdemeanor if committed by an adult, 
 54.13  the officer may issue a notice to the child to appear in 
 54.14  juvenile court in the county in which the child is found or in 
 54.15  the county of the child's residence or, in the case of a 
 54.16  juvenile petty offense, or a petty misdemeanor or misdemeanor 
 54.17  delinquent act, the county in which the offense was committed is 
 54.18  alleged to have committed the offense.  The officer shall file a 
 54.19  copy of the notice to appear with the juvenile court of the 
 54.20  appropriate county.  If a child fails to appear in response to 
 54.21  the notice, the court may issue a summons notifying the child of 
 54.22  the nature of the offense alleged and the time and place set for 
 54.23  the hearing.  If the peace officer finds it necessary to take 
 54.24  the child into custody, sections 260B.175 and 260B.176 shall 
 54.25  apply. 
 54.26     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 54.27  and applies to offenses committed on or after that date. 
 54.28     Sec. 7.  Minnesota Statutes 2002, section 260B.193, 
 54.29  subdivision 5, is amended to read: 
 54.30     Subd. 5.  [TERMINATION OF JURISDICTION.] (a) The court may 
 54.31  dismiss the petition or otherwise terminate its jurisdiction on 
 54.32  its own motion or on the motion or petition of any interested 
 54.33  party at any time.  Unless terminated by the court, and except 
 54.34  as otherwise provided in this subdivision, the jurisdiction of 
 54.35  the court shall continue until the individual becomes 19 years 
 54.36  of age if the court determines it is in the best interest of the 
 55.1   individual to do so.  
 55.2      (b) The jurisdiction of the court over an extended 
 55.3   jurisdiction juvenile, with respect to the offense for which the 
 55.4   individual was convicted as an extended jurisdiction juvenile, 
 55.5   extends until the offender becomes 21 years of age, unless the 
 55.6   court terminates jurisdiction before that date.  
 55.7      (c) The juvenile court has jurisdiction to designate the 
 55.8   proceeding an extended jurisdiction juvenile prosecution, to 
 55.9   hold a certification hearing, or to conduct a trial, or receive 
 55.10  a plea, or impose a disposition under section 260B.130, 
 55.11  subdivision 4, if: 
 55.12     (1) an adult is alleged to have committed an offense before 
 55.13  the adult's 18th birthday; and 
 55.14     (2) a petition is filed under section 260B.141 before 
 55.15  expiration of the time for filing under section 628.26 and 
 55.16  before the adult's 21st birthday. 
 55.17  The juvenile court lacks jurisdiction under this paragraph if 
 55.18  the adult demonstrates that the delay was purposefully caused by 
 55.19  the state in order to gain an unfair advantage. 
 55.20     (d) The district court has original and exclusive 
 55.21  jurisdiction over a proceeding: 
 55.22     (1) that involves an adult who is alleged to have committed 
 55.23  an offense before the adult's 18th birthday; and 
 55.24     (2) in which a criminal complaint is filed before 
 55.25  expiration of the time for filing under section 628.26 and after 
 55.26  the adult's 21st birthday. 
 55.27     The juvenile court retains jurisdiction if the adult 
 55.28  demonstrates that the delay in filing a criminal complaint was 
 55.29  purposefully caused by the state in order to gain an unfair 
 55.30  advantage. 
 55.31     (e) The juvenile court has jurisdiction over a person who 
 55.32  has been adjudicated delinquent, has been found to have 
 55.33  committed a delinquent act, or has been charged by juvenile 
 55.34  petition until the person's 21st birthday if the person fails to 
 55.35  appear at any juvenile court hearing or fails to appear at or 
 55.36  absconds from any placement under a juvenile court order.  The 
 56.1   juvenile court has jurisdiction over a convicted extended 
 56.2   jurisdiction juvenile who fails to appear at any juvenile court 
 56.3   hearing or fails to appear at or absconds from any placement 
 56.4   under section 260B.130, subdivision 4.  The juvenile court lacks 
 56.5   jurisdiction under this paragraph if the adult demonstrates that 
 56.6   the delay was purposefully caused by the state in order to gain 
 56.7   an unfair advantage.  
 56.8      [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 56.9      Sec. 8.  Minnesota Statutes 2002, section 260C.163, 
 56.10  subdivision 5, is amended to read: 
 56.11     Subd. 5.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
 56.12  a guardian ad litem to protect the interests of the minor when 
 56.13  it appears, at any stage of the proceedings, that the minor is 
 56.14  without a parent or guardian, or that the minor's parent is a 
 56.15  minor or incompetent, or that the parent or guardian is 
 56.16  indifferent or hostile to the minor's interests, and in every 
 56.17  proceeding alleging a child's need for protection or services 
 56.18  under section 260C.007, subdivision 6, except proceedings where 
 56.19  the sole allegation is that the child is a runaway or habitual 
 56.20  truant.  In any other case the court may appoint a guardian ad 
 56.21  litem to protect the interests of the minor when the court feels 
 56.22  that such an appointment is desirable.  The court shall appoint 
 56.23  the guardian ad litem on its own motion or in the manner 
 56.24  provided for the appointment of a guardian ad litem in the 
 56.25  district court.  The court may appoint separate counsel for the 
 56.26  guardian ad litem if necessary.  
 56.27     (b) A guardian ad litem shall carry out the following 
 56.28  responsibilities: 
 56.29     (1) conduct an independent investigation to determine the 
 56.30  facts relevant to the situation of the child and the family, 
 56.31  which must include, unless specifically excluded by the court, 
 56.32  reviewing relevant documents; meeting with and observing the 
 56.33  child in the home setting and considering the child's wishes, as 
 56.34  appropriate; and interviewing parents, caregivers, and others 
 56.35  with knowledge relevant to the case; 
 56.36     (2) advocate for the child's best interests by 
 57.1   participating in appropriate aspects of the case and advocating 
 57.2   for appropriate community services when necessary; 
 57.3      (3) maintain the confidentiality of information related to 
 57.4   a case, with the exception of sharing information as permitted 
 57.5   by law to promote cooperative solutions that are in the best 
 57.6   interests of the child; 
 57.7      (4) monitor the child's best interests throughout the 
 57.8   judicial proceeding; and 
 57.9      (5) present written reports on the child's best interests 
 57.10  that include conclusions and recommendations and the facts upon 
 57.11  which they are based. 
 57.12     (c) Except in cases where the child is alleged to have been 
 57.13  abused or neglected, the court may waive the appointment of a 
 57.14  guardian ad litem pursuant to clause (a), whenever counsel has 
 57.15  been appointed pursuant to subdivision 2 or is retained 
 57.16  otherwise, and the court is satisfied that the interests of the 
 57.17  minor are protected. 
 57.18     (d) In appointing a guardian ad litem pursuant to clause 
 57.19  (a), the court shall not appoint the party, or any agent or 
 57.20  employee thereof, filing a petition pursuant to section 260C.141.
 57.21     (e) The following factors shall be considered when 
 57.22  appointing a guardian ad litem in a case involving an Indian or 
 57.23  minority child: 
 57.24     (1) whether a person is available who is the same racial or 
 57.25  ethnic heritage as the child or, if that is not possible; 
 57.26     (2) whether a person is available who knows and appreciates 
 57.27  the child's racial or ethnic heritage. 
 57.28     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 57.29  and applies to offenses committed on or after that date. 
 57.30     Sec. 9.  Minnesota Statutes 2002, section 609.055, 
 57.31  subdivision 2, is amended to read: 
 57.32     Subd. 2.  [ADULT PROSECUTION.] (a) Except as otherwise 
 57.33  provided in paragraph (b), children of the age of 14 years or 
 57.34  over but under 18 years may be prosecuted for a felony offense 
 57.35  if the alleged violation is duly certified for prosecution under 
 57.36  the laws and court procedures controlling adult criminal 
 58.1   violations or, if charged before July 1, 2003, may be designated 
 58.2   an extended jurisdiction juvenile in accordance with the 
 58.3   provisions of chapter 260B.  A child who is 16 years of age or 
 58.4   older but under 18 years of age is capable of committing a crime 
 58.5   and may be prosecuted for a felony if: 
 58.6      (1) the child has been previously certified on a felony 
 58.7   charge pursuant to a hearing under section 260B.125, subdivision 
 58.8   2, or pursuant to the waiver of the right to such a hearing, or 
 58.9   prosecuted pursuant to this subdivision; and 
 58.10     (2) the child was convicted of the felony offense or 
 58.11  offenses for which the child was prosecuted or of a lesser 
 58.12  included felony offense. 
 58.13     (b) A child who is alleged to have committed murder in the 
 58.14  first degree after becoming 16 years of age is capable of 
 58.15  committing a crime and may be prosecuted for the felony.  This 
 58.16  paragraph does not apply to a child alleged to have committed 
 58.17  attempted murder in the first degree after becoming 16 years of 
 58.18  age. 
 58.19     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 58.20                             ARTICLE 8 
 58.21                          CRIMINAL JUSTICE 
 58.22     Section 1.  Minnesota Statutes 2002, section 152.021, 
 58.23  subdivision 2a, is amended to read: 
 58.24     Subd. 2a.  [MANUFACTURE CRIMES.] (a) Notwithstanding 
 58.25  subdivision 1, sections 152.022, subdivision 1, 152.023, 
 58.26  subdivision 1, and 152.024, subdivision 1, a person is guilty of 
 58.27  controlled substance crime in the first degree if the person 
 58.28  manufactures any amount of methamphetamine. 
 58.29     (b) Notwithstanding paragraph (a) and section 609.17, a 
 58.30  person is guilty of attempted manufacture of methamphetamine if 
 58.31  the person possesses any chemical reagents or precursors with 
 58.32  the intent to manufacture methamphetamine.  As used in this 
 58.33  section, "chemical reagents or precursors" refers to one or more 
 58.34  of the following substances, or their salts, isomers, and salts 
 58.35  of isomers: 
 58.36     (1) ephedrine; 
 59.1      (2) pseudoephedrine; 
 59.2      (3) phenyl-2-propanone; 
 59.3      (4) phenylacetone; 
 59.4      (5) anhydrous ammonia, as defined in section 18C.005, 
 59.5   subdivision 1a; 
 59.6      (6) organic solvents; 
 59.7      (7) hydrochloric acid; 
 59.8      (8) lithium metal; 
 59.9      (9) sodium metal; 
 59.10     (10) ether; 
 59.11     (11) sulfuric acid; 
 59.12     (12) red phosphorus; 
 59.13     (13) iodine; 
 59.14     (14) sodium hydroxide; 
 59.15     (15) benzaldehyde; 
 59.16     (16) benzyl methyl ketone; 
 59.17     (17) benzyl cyanide; 
 59.18     (18) nitroethane; 
 59.19     (19) methylamine; 
 59.20     (20) phenylacetic acid; 
 59.21     (21) hydriodic acid; or 
 59.22     (22) hydriotic acid. 
 59.23     [EFFECTIVE DATE.] This section is effective for crimes 
 59.24  committed on or after August 1, 2003. 
 59.25     Sec. 2.  Minnesota Statutes 2002, section 152.021, 
 59.26  subdivision 3, is amended to read: 
 59.27     Subd. 3.  [PENALTY.] (a) A person convicted under 
 59.28  subdivisions 1 to 2a, paragraph (a), may be sentenced to 
 59.29  imprisonment for not more than 30 years or to payment of a fine 
 59.30  of not more than $1,000,000, or both; a person convicted under 
 59.31  subdivision 2a, paragraph (b), may be sentenced to imprisonment 
 59.32  for not more than 15 years or to payment of a fine of not more 
 59.33  than $500,000, or both. 
 59.34     (b) If the conviction is a subsequent controlled substance 
 59.35  conviction, a person convicted under subdivisions 1 to 2a, 
 59.36  paragraph (a), shall be committed to the commissioner of 
 60.1   corrections for not less than four years nor more than 40 years 
 60.2   and, in addition, may be sentenced to payment of a fine of not 
 60.3   more than $1,000,000; a person convicted under subdivision 2a, 
 60.4   paragraph (b), may be sentenced to imprisonment for not more 
 60.5   than 20 years or to payment of a fine of not more than $500,000, 
 60.6   or both.  
 60.7      (c) In a prosecution under subdivision 1 involving sales by 
 60.8   the same person in two or more counties within a 90-day period, 
 60.9   the person may be prosecuted for all of the sales in any county 
 60.10  in which one of the sales occurred.  
 60.11     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 60.12  and applies to crimes committed on or after that date. 
 60.13     Sec. 3.  Minnesota Statutes 2002, section 357.021, 
 60.14  subdivision 6, is amended to read: 
 60.15     Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
 60.16  (a) Until June 30, 2005, the court shall impose and the court 
 60.17  administrator shall collect a $35 $40 surcharge on every person 
 60.18  convicted of any felony, gross misdemeanor, misdemeanor, or 
 60.19  petty misdemeanor offense, other than a violation of a law or 
 60.20  ordinance relating to vehicle parking.  On and after July 1, 
 60.21  2005, the surcharge shall be $35.  The surcharge shall be 
 60.22  imposed whether or not the person is sentenced to imprisonment 
 60.23  or the sentence is stayed.  
 60.24     (b) If the court fails to impose a surcharge as required by 
 60.25  this subdivision, the court administrator shall show the 
 60.26  imposition of the surcharge, collect the surcharge and correct 
 60.27  the record. 
 60.28     (c) The court may not waive payment of the surcharge 
 60.29  required under this subdivision.  Upon a showing of indigency or 
 60.30  undue hardship upon the convicted person or the convicted 
 60.31  person's immediate family, the sentencing court may authorize 
 60.32  payment of the surcharge in installments. 
 60.33     (d) The court administrator or other entity collecting a 
 60.34  surcharge shall forward it to the state treasurer. 
 60.35     (e) If the convicted person is sentenced to imprisonment 
 60.36  and has not paid the surcharge before the term of imprisonment 
 61.1   begins, the chief executive officer of the correctional facility 
 61.2   in which the convicted person is incarcerated shall collect the 
 61.3   surcharge from any earnings the inmate accrues from work 
 61.4   performed in the facility or while on conditional release.  The 
 61.5   chief executive officer shall forward the amount collected to 
 61.6   the state treasurer. 
 61.7      [EFFECTIVE DATE.] This section is effective July 1, 2003, 
 61.8   and applies to crimes committed on or after that date. 
 61.9      Sec. 4.  Minnesota Statutes 2002, section 357.021, 
 61.10  subdivision 7, is amended to read: 
 61.11     Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
 61.12  (a) Except as provided in paragraphs (b) and (c), the state 
 61.13  treasurer shall disburse surcharges received under subdivision 6 
 61.14  and section 97A.065, subdivision 2, as follows: 
 61.15     (1) one percent shall be credited to the game and fish fund 
 61.16  to provide peace officer training for employees of the 
 61.17  department of natural resources who are licensed under sections 
 61.18  626.84 to 626.863, and who possess peace officer authority for 
 61.19  the purpose of enforcing game and fish laws; 
 61.20     (2) 39 percent shall be credited to the peace officers 
 61.21  training account in the special revenue fund; and 
 61.22     (3) 60 percent shall be credited to the general fund.  
 61.23     (b) The state treasurer shall credit $3 $10 of each 
 61.24  surcharge received under subdivision 6 and section 97A.065, 
 61.25  subdivision 2, to a criminal justice special projects account in 
 61.26  the special revenue fund.  This account is available for 
 61.27  appropriation to the commissioner of public safety for grants to 
 61.28  law enforcement agencies and for other purposes authorized by 
 61.29  the legislature the general fund. 
 61.30     (c) In addition to any amounts credited under paragraph 
 61.31  (a), the state treasurer shall credit $7 $5 of each surcharge 
 61.32  received under subdivision 6 and section 97A.065, subdivision 2, 
 61.33  to the general fund, until June 30, 2005. 
 61.34     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 61.35     Sec. 5.  Minnesota Statutes 2002, section 609.185, is 
 61.36  amended to read: 
 62.1      609.185 [MURDER IN THE FIRST DEGREE.] 
 62.2      (a) Whoever does any of the following is guilty of murder 
 62.3   in the first degree and shall be sentenced to imprisonment for 
 62.4   life: 
 62.5      (1) causes the death of a human being with premeditation 
 62.6   and with intent to effect the death of the person or of another; 
 62.7      (2) causes the death of a human being while committing or 
 62.8   attempting to commit criminal sexual conduct in the first or 
 62.9   second degree with force or violence, either upon or affecting 
 62.10  the person or another; 
 62.11     (3) causes the death of a human being with intent to effect 
 62.12  the death of the person or another, while committing or 
 62.13  attempting to commit burglary, aggravated robbery, kidnapping, 
 62.14  arson in the first or second degree, a drive-by shooting, 
 62.15  tampering with a witness in the first degree, escape from 
 62.16  custody, or any felony violation of chapter 152 involving the 
 62.17  unlawful sale of a controlled substance; 
 62.18     (4) causes the death of a peace officer or a guard employed 
 62.19  at a Minnesota state or local correctional facility, with intent 
 62.20  to effect the death of that person or another, while the peace 
 62.21  officer or guard is engaged in the performance of official 
 62.22  duties; 
 62.23     (5) causes the death of a minor while committing child 
 62.24  abuse, when the perpetrator has engaged in a past pattern of 
 62.25  child abuse upon the a child and the death occurs under 
 62.26  circumstances manifesting an extreme indifference to human life; 
 62.27     (6) causes the death of a human being while committing 
 62.28  domestic abuse, when the perpetrator has engaged in a past 
 62.29  pattern of domestic abuse upon the victim or upon another family 
 62.30  or household member and the death occurs under circumstances 
 62.31  manifesting an extreme indifference to human life; or 
 62.32     (7) causes the death of a human being while committing, 
 62.33  conspiring to commit, or attempting to commit a felony crime to 
 62.34  further terrorism and the death occurs under circumstances 
 62.35  manifesting an extreme indifference to human life. 
 62.36     (b) For purposes of paragraph (a), clause (5), "child abuse"
 63.1   means an act committed against a minor victim that constitutes a 
 63.2   violation of the following laws of this state or any similar 
 63.3   laws of the United States or any other state:  section 609.221; 
 63.4   609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
 63.5   609.345; 609.377; 609.378; or 609.713. 
 63.6      (c) For purposes of paragraph (a), clause (6), "domestic 
 63.7   abuse" means an act that: 
 63.8      (1) constitutes a violation of section 609.221, 609.222, 
 63.9   609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 63.10  609.713, or any similar laws of the United States or any other 
 63.11  state; and 
 63.12     (2) is committed against the victim who is a family or 
 63.13  household member as defined in section 518B.01, subdivision 2, 
 63.14  paragraph (b). 
 63.15     (d) For purposes of paragraph (a), clause (7), "further 
 63.16  terrorism" has the meaning given in section 609.714, subdivision 
 63.17  1. 
 63.18     [EFFECTIVE DATE.] This section is effective the day 
 63.19  following final enactment and applies to crimes committed on or 
 63.20  after that date. 
 63.21     Sec. 6.  Minnesota Statutes 2002, section 609.527, 
 63.22  subdivision 3, is amended to read: 
 63.23     Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
 63.24  may be sentenced as follows: 
 63.25     (1) if the offense involves a single direct victim and the 
 63.26  total, combined loss to the direct victim and any indirect 
 63.27  victims is $250 or less, the person may be sentenced as provided 
 63.28  in section 609.52, subdivision 3, clause (5); 
 63.29     (2) if the offense involves a single direct victim and the 
 63.30  total, combined loss to the direct victim and any indirect 
 63.31  victims is more than $250 but not more than $500, the person may 
 63.32  be sentenced as provided in section 609.52, subdivision 3, 
 63.33  clause (4); 
 63.34     (3) if the offense involves two or three direct victims or 
 63.35  the total, combined loss to the direct and indirect victims is 
 63.36  more than $500 but not more than $2,500, the person may be 
 64.1   sentenced as provided in section 609.52, subdivision 3, clause 
 64.2   (3); and 
 64.3      (4) if the offense involves four or more than three but not 
 64.4   more than seven direct victims, or if the total, combined loss 
 64.5   to the direct and indirect victims is more than $2,500, the 
 64.6   person may be sentenced as provided in section 609.52, 
 64.7   subdivision 3, clause (2); and 
 64.8      (5) if the offense involves eight or more direct victims, 
 64.9   or if the total, combined loss to the direct and indirect 
 64.10  victims is more than $35,000, the person may be sentenced as 
 64.11  provided in section 609.52, subdivision 3, clause (1). 
 64.12     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 64.13  and applies to crimes committed on or after that date. 
 64.14     Sec. 7.  Minnesota Statutes 2002, section 609.68, is 
 64.15  amended to read: 
 64.16     609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
 64.17     Whoever unlawfully deposits garbage, rubbish, offal, or the 
 64.18  body of a dead animal, or other litter in or upon any public 
 64.19  highway, public waters or the ice thereon, shoreland areas 
 64.20  adjacent to rivers or streams as defined by section 103F.205, 
 64.21  public lands, or, without the consent of the owner, private 
 64.22  lands or water or ice thereon, is guilty of a petty misdemeanor. 
 64.23     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 64.24  and applies to crimes committed on or after that date. 
 64.25     Sec. 8.  Minnesota Statutes 2002, section 609.681, is 
 64.26  amended to read: 
 64.27     609.681 [UNLAWFUL SMOKING.] 
 64.28     A person is guilty of a petty misdemeanor if the person 
 64.29  intentionally smokes in a building, area, or common carrier in 
 64.30  which "no smoking" notices have been prominently posted, or when 
 64.31  requested not to by the operator of the common carrier. 
 64.32     [EFFECTIVE DATE.] This section is effective August 1, 2003 
 64.33  and applies to crimes committed on or after that date. 
 64.34     Sec. 9.  Minnesota Statutes 2002, section 609.748, 
 64.35  subdivision 1, is amended to read: 
 64.36     Subdivision 1.  [DEFINITION.] For the purposes of this 
 65.1   section, the following terms have the meanings given them in 
 65.2   this subdivision. 
 65.3      (a) "Harassment" includes: 
 65.4      (1) a single incident of physical or sexual assault or 
 65.5   repeated incidents of intrusive or unwanted acts, words, or 
 65.6   gestures that have a substantial adverse effect or are intended 
 65.7   to have a substantial adverse effect on the safety, security, or 
 65.8   privacy of another, regardless of the relationship between the 
 65.9   actor and the intended target; 
 65.10     (2) targeted residential picketing; and 
 65.11     (3) a pattern of attending public events after being 
 65.12  notified that the actor's presence at the event is harassing to 
 65.13  another would cause the person to whom the acts, words, or 
 65.14  gestures are directed, under the circumstances, to feel 
 65.15  frightened, threatened, oppressed, persecuted, or intimidated. 
 65.16     (b) "Respondent" includes any adults or juveniles alleged 
 65.17  to have engaged in harassment or organizations alleged to have 
 65.18  sponsored or promoted harassment. 
 65.19     (c) "Targeted residential picketing" includes the following 
 65.20  acts when committed on more than one occasion: 
 65.21     (1) marching, standing, or patrolling by one or more 
 65.22  persons directed solely at a particular residential building in 
 65.23  a manner that adversely affects the safety, security, or privacy 
 65.24  of an occupant of the building; or 
 65.25     (2) marching, standing, or patrolling by one or more 
 65.26  persons which prevents an occupant of a residential building 
 65.27  from gaining access to or exiting from the property on which the 
 65.28  residential building is located. 
 65.29     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 65.30  and applies to crimes committed on or after that date. 
 65.31     Sec. 10.  Minnesota Statutes 2002, section 609.748, 
 65.32  subdivision 3, is amended to read: 
 65.33     Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
 65.34  petition for relief must allege facts sufficient to show the 
 65.35  following:  
 65.36     (1) the name of the alleged harassment victim; 
 66.1      (2) the name of the respondent; and 
 66.2      (3) that the respondent has engaged in harassment. 
 66.3   The petition shall be accompanied by an affidavit made under 
 66.4   oath stating the specific facts and circumstances from which 
 66.5   relief is sought.  The court shall provide simplified forms and 
 66.6   clerical assistance to help with the writing and filing of a 
 66.7   petition under this section and shall advise the petitioner of 
 66.8   the right to sue in forma pauperis under section 563.01.  The 
 66.9   court shall advise the petitioner of the right to request a 
 66.10  hearing.  If the petitioner does not request a hearing, the 
 66.11  court shall advise the petitioner that the respondent may 
 66.12  request a hearing and that notice of the hearing date and time 
 66.13  will be provided to the petitioner by mail at least five days 
 66.14  before the hearing.  Upon receipt of the petition and a request 
 66.15  for a hearing by the petitioner, the court shall order a 
 66.16  hearing, which must be held not later than 14 days from the date 
 66.17  of the order.  Personal service must be made upon the respondent 
 66.18  not less than five days before the hearing.  If personal service 
 66.19  cannot be completed in time to give the respondent the minimum 
 66.20  notice required under this paragraph, the court may set a new 
 66.21  hearing date.  Nothing in this section shall be construed as 
 66.22  requiring a hearing on a matter that has no merit.  
 66.23     (b) Notwithstanding paragraph (a), the order for a hearing 
 66.24  and a temporary order issued under subdivision 4 may be served 
 66.25  on the respondent by means of a one-week published notice under 
 66.26  section 645.11, if: 
 66.27     (1) the petitioner files an affidavit with the court 
 66.28  stating that an attempt at personal service made by a sheriff 
 66.29  was unsuccessful because the respondent is avoiding service by 
 66.30  concealment or otherwise; and 
 66.31     (2) a copy of the petition and order for hearing and any 
 66.32  temporary restraining order has been mailed to the respondent at 
 66.33  the respondent's residence or place of business, if the 
 66.34  respondent is an organization, or the respondent's residence or 
 66.35  place of business is not known to the petitioner. 
 66.36     (c) Regardless of the method of service, if the respondent 
 67.1   is a juvenile, whenever possible, the court also shall have 
 67.2   notice of the pendency of the case and of the time and place of 
 67.3   the hearing served by mail at the last known address upon any 
 67.4   parent or guardian of the juvenile respondent who is not the 
 67.5   petitioner. 
 67.6      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 67.7   and applies to crimes committed on or after that date. 
 67.8      Sec. 11.  Minnesota Statutes 2002, section 609.748, 
 67.9   subdivision 4, is amended to read: 
 67.10     Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
 67.11  issue a temporary restraining order ordering the respondent to 
 67.12  cease or avoid the harassment of another person or to have no 
 67.13  contact with that person if the petitioner files a petition in 
 67.14  compliance with subdivision 3 and if the court finds reasonable 
 67.15  grounds to believe that the respondent has engaged in 
 67.16  harassment.  When a petition alleges harassment as defined by 
 67.17  subdivision 1, paragraph (a), clause (1), the petition must 
 67.18  further allege an immediate and present danger of harassment 
 67.19  before the court may issue a temporary restraining order under 
 67.20  this section.  
 67.21     (b) Notice need not be given to the respondent before the 
 67.22  court issues a temporary restraining order under this 
 67.23  subdivision.  A copy of the restraining order must be served on 
 67.24  the respondent along with the order for hearing and petition, as 
 67.25  provided in subdivision 3.  If the respondent is a juvenile, 
 67.26  whenever possible, a copy of the restraining order, along with 
 67.27  notice of the pendency of the case and the time and place of the 
 67.28  hearing, shall also be served by mail at the last known address 
 67.29  upon any parent or guardian of the juvenile respondent who is 
 67.30  not the petitioner.  A temporary restraining order may be 
 67.31  entered only against the respondent named in the petition.  
 67.32     (c) The temporary restraining order is in effect until a 
 67.33  hearing is held on the issuance of a restraining order under 
 67.34  subdivision 5.  The court shall hold the hearing on the issuance 
 67.35  of a restraining order within 14 days after the temporary 
 67.36  restraining order is issued unless (1) the time period is 
 68.1   extended upon written consent of the parties; or (2) the time 
 68.2   period is extended if the petitioner requests a hearing.  The 
 68.3   hearing may be continued by the court for one additional 14-day 
 68.4   period upon a showing that the respondent has not been served 
 68.5   with a copy of the temporary restraining order despite the 
 68.6   exercise of due diligence or if service is made by published 
 68.7   notice under subdivision 3 and the petitioner files the 
 68.8   affidavit required under that subdivision. 
 68.9      (d) If the temporary restraining order has been issued and 
 68.10  the respondent requests a hearing, the hearing shall be 
 68.11  scheduled by the court upon receipt of the respondent's 
 68.12  request.  Service of the notice of hearing must be made upon the 
 68.13  petitioner not less than five days prior to the hearing.  The 
 68.14  court shall serve the notice of the hearing upon the petitioner 
 68.15  by mail in the manner provided in the rules of civil procedure 
 68.16  for pleadings subsequent to a complaint and motions and shall 
 68.17  also mail notice of the date and time of the hearing to the 
 68.18  respondent.  In the event that service cannot be completed in 
 68.19  time to give the respondent or petitioner the minimum notice 
 68.20  required under this subdivision, the court may set a new hearing 
 68.21  date. 
 68.22     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 68.23  and applies to crimes committed on or after that date. 
 68.24     Sec. 12.  Minnesota Statutes 2002, section 609.748, 
 68.25  subdivision 5, is amended to read: 
 68.26     Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
 68.27  restraining order ordering the respondent to cease or avoid the 
 68.28  harassment of another person or to have no contact with that 
 68.29  person if all of the following occur:  
 68.30     (1) the petitioner has filed a petition under subdivision 
 68.31  3; 
 68.32     (2) the sheriff has served respondent with a copy of the 
 68.33  temporary restraining order obtained under subdivision 4, and 
 68.34  with notice of the time and place of the right to request a 
 68.35  hearing, or service has been made by publication under 
 68.36  subdivision 3, paragraph (b); and 
 69.1      (3) the court finds at the hearing that there are 
 69.2   reasonable grounds to believe that the respondent has engaged in 
 69.3   harassment.  
 69.4   A restraining order may be issued only against the respondent 
 69.5   named in the petition; except that if the respondent is an 
 69.6   organization, the order may be issued against and apply to all 
 69.7   of the members of the organization.  Relief granted by the 
 69.8   restraining order must be for a fixed period of not more than 
 69.9   two years.  When a referee presides at the hearing on the 
 69.10  petition, the restraining order becomes effective upon the 
 69.11  referee's signature. 
 69.12     (b) An order issued under this subdivision must be 
 69.13  personally served upon the respondent. 
 69.14     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 69.15     Sec. 13.  [SENTENCING GUIDELINES MODIFICATIONS REQUIRED; 
 69.16  AGGRAVATING FACTOR; IDENTITY THEFT.] 
 69.17     By August 1, 2003, the sentencing guidelines commission 
 69.18  shall modify Minnesota Sentencing Guidelines, section II.D., by 
 69.19  adding to the list of the aggravating factors that may be used 
 69.20  as a basis for a sentencing departure, the offender's use of 
 69.21  another's identity without authorization to commit a crime.  
 69.22  This aggravating factor may not be used when the use of 
 69.23  another's identity is an element of the offense.  
 69.24     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 69.25  and applies to crimes committed on or after that date. 
 69.26     Sec. 14.  [REPEALER.] 
 69.27     Minnesota Statutes 2002, section 152.135, subdivision 4, is 
 69.28  repealed. 
 69.29     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 69.30  and applies to crimes committed on or after that date. 
 69.31                             ARTICLE 9 
 69.32                 DRIVING WHILE IMPAIRED PROVISIONS
 69.33     Section 1.  Minnesota Statutes 2002, section 169A.03, 
 69.34  subdivision 21, is amended to read: 
 69.35     Subd. 21.  [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 
 69.36  LICENSE.] (a) "Prior impaired driving-related loss of license" 
 70.1   includes a driver's license suspension, revocation, 
 70.2   cancellation, denial, or disqualification under: 
 70.3      (1) section 169A.31 (alcohol-related school bus or Head 
 70.4   Start bus driving); 169A.50 to 169A.53 (implied consent law); 
 70.5   169A.54 (impaired driving convictions and adjudications; 
 70.6   administrative penalties); 171.04 (persons not eligible for 
 70.7   drivers' licenses); 171.14 (cancellation); 171.16 (court may 
 70.8   recommend suspension); 171.165 (commercial driver's license, 
 70.9   disqualification); 171.17 (revocation); or 171.18 (suspension); 
 70.10  because of an alcohol-related incident; 
 70.11     (2) section 609.21 (criminal vehicular homicide and injury, 
 70.12  substance-related offenses), subdivision 1, clauses (2) to (6); 
 70.13  subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
 70.14  to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
 70.15  clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
 70.16     (3) Minnesota Statutes 1998, section 169.121 (driver under 
 70.17  influence of alcohol or controlled substance); 169.1211 
 70.18  (alcohol-related driving by commercial vehicle drivers); or 
 70.19  169.123 (chemical tests for intoxication); or 
 70.20     (4) an ordinance from this state, or a statute or ordinance 
 70.21  from another state, in conformity with any provision listed in 
 70.22  clause (1), (2), or (3). 
 70.23     (b) "Prior impaired driving-related loss of license" also 
 70.24  includes the revocation of snowmobile or all-terrain vehicle 
 70.25  operating privileges under section 84.911 (chemical testing), or 
 70.26  motorboat operating privileges under section 86B.335 (testing 
 70.27  for alcohol and controlled substances), for violations that 
 70.28  occurred on or after August 1, 1994; the revocation of 
 70.29  snowmobile or all-terrain vehicle operating privileges under 
 70.30  section 84.91 (operation of snowmobiles and all-terrain vehicles 
 70.31  by persons under the influence of alcohol or controlled 
 70.32  substances); or the revocation of motorboat operating privileges 
 70.33  under section 86B.331 (operation while using alcohol or drugs or 
 70.34  with a physical or mental disability). 
 70.35     (c) "Prior impaired driving-related loss of license" does 
 70.36  not include any license action stemming solely from a violation 
 71.1   of section 169A.33 (underage drinking and driving), 171.09 
 71.2   (conditions of a restricted license), or 340A.503 (persons under 
 71.3   the age of 21, illegal acts). 
 71.4      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 71.5   and applies to violations committed on or after that date. 
 71.6      Sec. 2.  Minnesota Statutes 2002, section 169A.03, is 
 71.7   amended by adding a subdivision to read: 
 71.8      Subd. 5a.  [CONTROL ANALYSIS.] "Control analysis" means a 
 71.9   procedure involving a solution that yields a predictable alcohol 
 71.10  concentration reading. 
 71.11     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 71.12  and applies to violations committed on or after that date. 
 71.13     Sec. 3.  [169A.06] [CLARIFYING LEGISLATIVE INTENT.] 
 71.14     During the year 2000 recodification of Minnesota's impaired 
 71.15  driving statutes, now codified in Minnesota Statutes 2002, 
 71.16  chapter 169A, it was the intention of the legislature to 
 71.17  continue the policy of accountability for previous convictions 
 71.18  of impaired driving-related offenses and previous impaired 
 71.19  driving-related driver's license actions.  Specifically, it was 
 71.20  the intention of the legislature to count as aggravating factors 
 71.21  all qualified prior impaired driving incidents occurring within 
 71.22  the past ten years of an incident for purposes of any criminal 
 71.23  or civil sanctions under Minnesota Statutes 2002, chapter 169A, 
 71.24  whether a prior incident occurred before, during, or after 1998 
 71.25  or 1996.  The references to "Minnesota Statutes 1998" and 
 71.26  "Minnesota Statutes 1996" in Minnesota Statutes 2002, section 
 71.27  169A.03, subdivisions 20 and 21, follow standard editorial 
 71.28  practice in drafting legislation and are used to refer the 
 71.29  reader to the most recent printing of Minnesota statutes that 
 71.30  contained the relevant provisions of statute as they existed 
 71.31  prior to recodification, and are not intended to limit the 
 71.32  look-back period. 
 71.33     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
 71.34     Sec. 4.  Minnesota Statutes 2002, section 169A.20, 
 71.35  subdivision 2, is amended to read: 
 71.36     Subd. 2.  [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 
 72.1   a crime for any person to refuse to submit to a chemical test of 
 72.2   the person's blood, breath, or urine under section 169A.51 
 72.3   (chemical tests for intoxication), or 169A.52 (test refusal or 
 72.4   failure; revocation of license). 
 72.5      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 72.6   and applies to violations committed on or after that date. 
 72.7      Sec. 5.  Minnesota Statutes 2002, section 169A.25, 
 72.8   subdivision 1, is amended to read: 
 72.9      Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
 72.10  violates section 169A.20, subdivision 1 (driving while 
 72.11  impaired crime), is guilty of second-degree driving while 
 72.12  impaired if two or more aggravating factors were present when 
 72.13  the violation was committed.  
 72.14     (b) A person who violates section 169A.20, subdivision 2 
 72.15  (refusal to submit to chemical test crime), is guilty of 
 72.16  second-degree driving while impaired if one aggravating factor 
 72.17  was present when the violation was committed. 
 72.18     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 72.19  and applies to violations committed on or after that date. 
 72.20     Sec. 6.  Minnesota Statutes 2002, section 169A.26, 
 72.21  subdivision 1, is amended to read: 
 72.22     Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
 72.23  violates section 169A.20, subdivision 1 (driving while 
 72.24  impaired crime), is guilty of third-degree driving while 
 72.25  impaired if one aggravating factor was present when the 
 72.26  violation was committed.  
 72.27     (b) A person who violates section 169A.20, subdivision 2 
 72.28  (refusal to submit to chemical test crime), is guilty of 
 72.29  third-degree driving while impaired. 
 72.30     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 72.31  and applies to violations committed on or after that date. 
 72.32     Sec. 7.  Minnesota Statutes 2002, section 169A.27, 
 72.33  subdivision 1, is amended to read: 
 72.34     Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
 72.35  section 169A.20, subdivision 1 (driving while impaired crime), 
 72.36  is guilty of fourth-degree driving while impaired. 
 73.1      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 73.2   and applies to violations committed on or after that date. 
 73.3      Sec. 8.  Minnesota Statutes 2002, section 169A.275, 
 73.4   subdivision 3, is amended to read: 
 73.5      Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
 73.6   the person to the custody of the commissioner of corrections as 
 73.7   provided in section 169A.276 (mandatory penalties; felony 
 73.8   violations), the court shall sentence a person who is convicted 
 73.9   of a violation of section 169A.20 (driving while impaired) 
 73.10  within ten years of the first of three qualified prior impaired 
 73.11  driving incidents to either: 
 73.12     (1) a minimum of 180 days of incarceration, at least 30 
 73.13  days of which must be served consecutively in a local 
 73.14  correctional facility; or 
 73.15     (2) a program of intensive supervision of the type 
 73.16  described in section 169A.74 (pilot programs of intensive 
 73.17  probation for repeat DWI offenders) that requires the person to 
 73.18  consecutively serve at least six days in a local correctional 
 73.19  facility; or 
 73.20     (3) a program of staggered sentencing involving a minimum 
 73.21  of 180 days of incarceration, at least 30 days of which must be 
 73.22  served consecutively in a local correctional facility.  
 73.23     (b) The court may order that the person serve not more than 
 73.24  150 days of the minimum penalty under paragraph (a), clause (1), 
 73.25  on home detention or in an intensive probation program described 
 73.26  in section 169A.74.  Notwithstanding section 609.135, the 
 73.27  penalties in this subdivision must be imposed and executed. 
 73.28     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 73.29  and applies to violations committed on or after that date. 
 73.30     Sec. 9.  Minnesota Statutes 2002, section 169A.275, 
 73.31  subdivision 4, is amended to read: 
 73.32     Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
 73.33  commits the person to the custody of the commissioner of 
 73.34  corrections as provided in section 169A.276 (mandatory 
 73.35  penalties; felony violations), the court shall sentence a person 
 73.36  who is convicted of a violation of section 169A.20 (driving 
 74.1   while impaired) within ten years of the first of four or more 
 74.2   qualified prior impaired driving incidents to either: 
 74.3      (1) a minimum of one year of incarceration, at least 60 
 74.4   days of which must be served consecutively in a local 
 74.5   correctional facility; or 
 74.6      (2) a program of intensive supervision of the type 
 74.7   described in section 169A.74 (pilot programs of intensive 
 74.8   probation for repeat DWI offenders) that requires the person to 
 74.9   consecutively serve at least six days in a local correctional 
 74.10  facility; or 
 74.11     (3) a program of staggered sentencing involving a minimum 
 74.12  of one year of incarceration, at least 60 days of which must be 
 74.13  served consecutively in a local correctional facility.  
 74.14     (b) The court may order that the person serve the remainder 
 74.15  of the minimum penalty under paragraph (a), clause (1), on 
 74.16  intensive probation using an electronic monitoring system or, if 
 74.17  such a system is unavailable, on home detention.  
 74.18  Notwithstanding section 609.135, the penalties in this 
 74.19  subdivision must be imposed and executed. 
 74.20     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 74.21  and applies to violations committed on or after that date. 
 74.22     Sec. 10.  Minnesota Statutes 2002, section 169A.275, is 
 74.23  amended by adding a subdivision to read: 
 74.24     Subd. 6.  [DEFINITIONS.] (a) For purposes of this section, 
 74.25  the following terms have the meanings given. 
 74.26     (b) "Staggered sentencing" means a sentencing procedure in 
 74.27  which the court sentences a person convicted of a gross 
 74.28  misdemeanor or felony violation of section 169A.20 (driving 
 74.29  while impaired) to an executed sentence of incarceration in a 
 74.30  local correctional facility, to be served in equal segments in 
 74.31  three or more consecutive years.  Before reporting for any 
 74.32  subsequent segment of incarceration after the first segment, the 
 74.33  offender shall be regularly involved in a structured sobriety 
 74.34  group and may bring a motion before the court requesting to have 
 74.35  that segment of incarceration stayed.  The motion must be 
 74.36  brought before the same judge who initially pronounced the 
 75.1   sentence.  Before bringing the motion, the offender shall 
 75.2   participate for 30 days in a remote electronic 
 75.3   alcohol-monitoring program under the direction of the person's 
 75.4   probation agent.  It is within the court's discretion to stay 
 75.5   the second or subsequent segment of remote electronic alcohol 
 75.6   monitoring or incarceration that has previously been ordered. 
 75.7   The court shall consider any alcohol-monitoring results and the 
 75.8   recommendation of the probation agent, together with any other 
 75.9   factors deemed relevant by the court, in deciding whether to 
 75.10  modify the sentence by ordering a stay of the next following 
 75.11  segment of remote electronic alcohol monitoring or incarceration 
 75.12  that the court had initially ordered to be executed.  
 75.13     (c) When the court stays a segment of incarceration that it 
 75.14  has previously ordered to be executed, that portion of the 
 75.15  sentence must be added to the total number of days the defendant 
 75.16  is subject to serving in custody if the person subsequently 
 75.17  violates any of the conditions of that stay of execution. 
 75.18     (d) A structured sobriety group is an organization that has 
 75.19  regular meetings focusing on sobriety and includes, but is not 
 75.20  limited to, Alcoholics Anonymous. 
 75.21     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 75.22  and applies to violations committed on or after that date. 
 75.23     Sec. 11.  Minnesota Statutes 2002, section 169A.40, 
 75.24  subdivision 3, is amended to read: 
 75.25     Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE CERTAIN DWI 
 75.26  OFFENDERS; CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the 
 75.27  Rules of Criminal Procedure, a peace officer acting without a 
 75.28  warrant who has decided to proceed with the prosecution of a 
 75.29  person for violating section 169A.20 (driving while impaired), 
 75.30  shall arrest and take the person into custody, and the person 
 75.31  must be detained until the person's first court appearance, if 
 75.32  the officer has reason to believe that the violation occurred: 
 75.33     (1) under the circumstances described in section 169A.24 
 75.34  (first-degree driving while impaired) or 169A.25 (second-degree 
 75.35  driving while impaired).; 
 75.36     (2) under the circumstances described in section 169A.26 
 76.1   (third-degree driving while impaired) if the person is under the 
 76.2   age of 19; 
 76.3      (3) in the presence of an aggravating factor described in 
 76.4   section 169A.03, subdivision 3, clause (2) or (3); or 
 76.5      (4) while the person's driver's license or driving 
 76.6   privileges have been canceled under section 171.04, subdivision 
 76.7   1, clause (10) (persons not eligible for drivers' licenses, 
 76.8   inimical to public safety).  
 76.9      The person shall be detained until the person's first court 
 76.10  appearance.  
 76.11     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 76.12  and applies to violations committed on or after that date. 
 76.13     Sec. 12.  Minnesota Statutes 2002, section 169A.44, is 
 76.14  amended to read: 
 76.15     169A.44 [CONDITIONAL RELEASE.] 
 76.16     Subdivision 1.  [NONFELONY VIOLATIONS.] (a) This section 
 76.17  subdivision applies to a person charged with: 
 76.18     (1) a nonfelony violation of section 169A.20 (driving while 
 76.19  impaired) within ten years of the first of two or more prior 
 76.20  impaired driving convictions; 
 76.21     (2) a violation of section 169A.20, if the person is under 
 76.22  the age of 19 years and has previously been convicted of 
 76.23  violating section 169A.20 or Minnesota Statutes 1998, section 
 76.24  169.121 (driver under the influence of alcohol or controlled 
 76.25  substance); 
 76.26     (3) a violation of section 169A.20, while the person's 
 76.27  driver's license or driving privileges have been canceled under 
 76.28  section 171.04, subdivision 1, clause (10) (persons not eligible 
 76.29  for drivers' licenses, inimical to public safety); or 
 76.30     (4) a violation of section 169A.20 by a person having an 
 76.31  alcohol concentration of 0.20 or more as measured at the time, 
 76.32  or within two hours of the time, of the offense under 
 76.33  circumstances described in section 169A.40, subdivision 3 
 76.34  (certain DWI offenders; custodial arrest). 
 76.35     (b) Unless maximum bail is imposed under section 629.471, a 
 76.36  person described in paragraph (a) may be released from detention 
 77.1   only if the person agrees to:  
 77.2      (1) abstain from alcohol; and 
 77.3      (2) submit to a program of electronic alcohol monitoring, 
 77.4   involving at least daily measurements of the person's alcohol 
 77.5   concentration, pending resolution of the charge. 
 77.6   Clause (2) applies only when electronic alcohol-monitoring 
 77.7   equipment is available to the court.  The court shall require 
 77.8   partial or total reimbursement from the person for the cost of 
 77.9   the electronic alcohol-monitoring, to the extent the person is 
 77.10  able to pay. 
 77.11     (c) Unless maximum bail is imposed under section 629.471, 
 77.12  subdivision 2, 
 77.13     Subd. 2.  [FELONY VIOLATIONS.] (a) A person charged with 
 77.14  violating section 169A.20 within ten years of the first of three 
 77.15  or more qualified prior impaired driving convictions incidents 
 77.16  may be released from detention only if the following conditions 
 77.17  are imposed in addition to the condition imposed:  
 77.18     (1) the conditions described in subdivision 1, paragraph 
 77.19  (b), if applicable, and any other conditions of release ordered 
 77.20  by the court:; 
 77.21     (1) (2) the impoundment of the registration plates of the 
 77.22  vehicle used to commit the violation, unless already impounded; 
 77.23     (2) (3) if the vehicle used to commit the violation was an 
 77.24  off-road recreational vehicle or a motorboat, the impoundment of 
 77.25  the off-road recreational vehicle or motorboat; 
 77.26     (3) (4) a requirement that the person report weekly to a 
 77.27  probation agent; 
 77.28     (4) (5) a requirement that the person abstain from 
 77.29  consumption of alcohol and controlled substances and submit to 
 77.30  random alcohol tests or urine analyses at least weekly; and 
 77.31     (5) (6) a requirement that, if convicted, the person 
 77.32  reimburse the court or county for the total cost of these 
 77.33  services; and 
 77.34     (7) any other conditions of release ordered by the court. 
 77.35     (b) In addition to setting forth conditions of release 
 77.36  under paragraph (a), if required by court rule, the court shall 
 78.1   also fix the amount of money bail without other conditions upon 
 78.2   which the defendant may obtain release. 
 78.3      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 78.4   and applies to violations committed on or after that date. 
 78.5      Sec. 13.  Minnesota Statutes 2002, section 169A.51, 
 78.6   subdivision 5, is amended to read: 
 78.7      Subd. 5.  [BREATH TEST USING INFRARED BREATH-TESTING 
 78.8   INSTRUMENT.] (a) In the case of a breath test administered using 
 78.9   an infrared breath-testing instrument, the test must consist of 
 78.10  analyses in the following sequence:  one adequate breath-sample 
 78.11  analysis, one calibration standard control analysis, and a 
 78.12  second, adequate breath-sample analysis. 
 78.13     (b) In the case of a test administered using an infrared 
 78.14  breath-testing instrument, a sample is adequate if the 
 78.15  instrument analyzes the sample and does not indicate the sample 
 78.16  is deficient. 
 78.17     (c) For purposes of section 169A.52 (revocation of license 
 78.18  for test failure or refusal), when a test is administered using 
 78.19  an infrared breath-testing instrument, failure of a person to 
 78.20  provide two separate, adequate breath samples in the proper 
 78.21  sequence constitutes a refusal. 
 78.22     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 78.23  and applies to violations committed on or after that date. 
 78.24     Sec. 14.  Minnesota Statutes 2002, section 169A.53, 
 78.25  subdivision 3, is amended to read: 
 78.26     Subd. 3.  [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 
 78.27  review hearing under this section must be before a district 
 78.28  judge in any county in the judicial district where the alleged 
 78.29  offense occurred.  The hearing is to the court and may be 
 78.30  conducted at the same time and in the same manner as hearings 
 78.31  upon pretrial motions in the criminal prosecution under section 
 78.32  169A.20 (driving while impaired), if any.  The hearing must be 
 78.33  recorded.  The commissioner shall appear and be represented by 
 78.34  the attorney general or through the prosecuting authority for 
 78.35  the jurisdiction involved.  The hearing must be held at the 
 78.36  earliest practicable date, and in any event no later than 60 
 79.1   days following the filing of the petition for review.  The 
 79.2   judicial district administrator shall establish procedures to 
 79.3   ensure efficient compliance with this subdivision.  To 
 79.4   accomplish this, the administrator may, whenever possible, 
 79.5   consolidate and transfer review hearings among the locations 
 79.6   within the judicial district where terms of district court are 
 79.7   held. 
 79.8      (b) The scope of the hearing is limited to the issues in 
 79.9   clauses (1) to (10): 
 79.10     (1) Did the peace officer have probable cause to believe 
 79.11  the person was driving, operating, or in physical control of a 
 79.12  motor vehicle or commercial motor vehicle in violation of 
 79.13  section 169A.20 (driving while impaired)? 
 79.14     (2) Was the person lawfully placed under arrest for 
 79.15  violation of section 169A.20? 
 79.16     (3) Was the person involved in a motor vehicle accident or 
 79.17  collision resulting in property damage, personal injury, or 
 79.18  death? 
 79.19     (4) Did the person refuse to take a screening test provided 
 79.20  for by section 169A.41 (preliminary screening test)? 
 79.21     (5) If the screening test was administered, did the test 
 79.22  indicate an alcohol concentration of 0.10 or more? 
 79.23     (6) At the time of the request for the test, did the peace 
 79.24  officer inform the person of the person's rights and the 
 79.25  consequences of taking or refusing the test as required by 
 79.26  section 169A.51, subdivision 2? 
 79.27     (7) Did the person refuse to permit the test? 
 79.28     (8) If a test was taken by a person driving, operating, or 
 79.29  in physical control of a motor vehicle, did the test results 
 79.30  indicate at the time of testing: 
 79.31     (i) an alcohol concentration of 0.10 or more; or 
 79.32     (ii) the presence of a controlled substance listed in 
 79.33  schedule I or II, other than marijuana or tetrahydrocannabinols? 
 79.34     (9) If a test was taken by a person driving, operating, or 
 79.35  in physical control of a commercial motor vehicle, did the test 
 79.36  results indicate an alcohol concentration of 0.04 or more at the 
 80.1   time of testing? 
 80.2      (10) Was the testing method used valid and reliable and 
 80.3   were the test results accurately evaluated? 
 80.4      (c) It is an affirmative defense for the petitioner to 
 80.5   prove that, at the time of the refusal, the petitioner's refusal 
 80.6   to permit the test was based upon reasonable grounds. 
 80.7      (d) Certified or otherwise authenticated copies of 
 80.8   laboratory or medical personnel reports, records, documents, 
 80.9   licenses, and certificates are admissible as substantive 
 80.10  evidence. 
 80.11     (e) The court shall order that the revocation or 
 80.12  disqualification be either rescinded or sustained and forward 
 80.13  the order to the commissioner.  The court shall file its order 
 80.14  within 14 days following the hearing.  If the revocation or 
 80.15  disqualification is sustained, the court shall also forward the 
 80.16  person's driver's license or permit to the commissioner for 
 80.17  further action by the commissioner if the license or permit is 
 80.18  not already in the commissioner's possession. 
 80.19     (f) Any party aggrieved by the decision of the reviewing 
 80.20  court may appeal the decision as provided in the rules of 
 80.21  appellate procedure. 
 80.22     (g) The civil hearing under this section shall not give 
 80.23  rise to an estoppel on any issues arising from the same set of 
 80.24  circumstances in any criminal prosecution. 
 80.25     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 80.26  and applies to violations committed on or after that date. 
 80.27     Sec. 15.  Minnesota Statutes 2002, section 169A.54, 
 80.28  subdivision 6, is amended to read: 
 80.29     Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
 80.30  (a) Any person whose license has been revoked pursuant to 
 80.31  section 169A.52 (license revocation for test failure or refusal) 
 80.32  as the result of the same incident, and who does not have a 
 80.33  qualified prior impaired driving incident, is subject to the 
 80.34  mandatory revocation provisions of subdivision 1, clause (1) or 
 80.35  (2), in lieu of the mandatory revocation provisions of section 
 80.36  169A.52. 
 81.1      (b) Paragraph (a) does not apply to: 
 81.2      (1) a person whose license has been revoked under 
 81.3   subdivision 2 (driving while impaired by person under age 
 81.4   21); or 
 81.5      (2) a person whose driver's license has been revoked for, 
 81.6   or who is charged with violating, a violation of section 169A.20 
 81.7   (driving while impaired) with the an aggravating factor of 
 81.8   having an alcohol concentration of 0.20 or more as measured at 
 81.9   the time, or within two hours of the time, of the offense, and 
 81.10  the person is convicted of that offense or any other offense 
 81.11  described in section 169A.20 arising out of the same set of 
 81.12  circumstances; or 
 81.13     (3) a person charged with violating section 169A.20 
 81.14  (driving while impaired) with the aggravating factor of having a 
 81.15  child under the age of 16 in the vehicle and the child is more 
 81.16  than 36 months younger than the offender, and the person is 
 81.17  convicted of that offense or any other offense described in 
 81.18  section 169A.20 arising out of the same set of 
 81.19  circumstances described in section 169A.03, subdivision 3, 
 81.20  clause (2) or (3). 
 81.21     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 81.22  and applies to violations committed on or after that date. 
 81.23     Sec. 16.  Minnesota Statutes 2002, section 169A.60, 
 81.24  subdivision 8, is amended to read: 
 81.25     Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
 81.26  commissioner shall rescind the impoundment order of a person 
 81.27  subject to an order under this section, other than the violator, 
 81.28  if: 
 81.29     (1) the violator had a valid driver's license on the date 
 81.30  of the plate impoundment violation and the person files with the 
 81.31  commissioner an acceptable sworn statement containing the 
 81.32  following information: 
 81.33     (i) that the person is the registered owner of the vehicle 
 81.34  from which the plates have been impounded under this section; 
 81.35     (ii) that the person is the current owner and possessor of 
 81.36  the vehicle used in the violation; 
 82.1      (iii) the date on which the violator obtained the vehicle 
 82.2   from the registered owner; 
 82.3      (iv) the residence addresses of the registered owner and 
 82.4   the violator on the date the violator obtained the vehicle from 
 82.5   the registered owner; 
 82.6      (v) that the person was not a passenger in the vehicle at 
 82.7   the time of the plate impoundment violation; and 
 82.8      (vi) that the person knows that the violator may not drive, 
 82.9   operate, or be in physical control of a vehicle without a valid 
 82.10  driver's license; or 
 82.11     (2) the violator did not have a valid driver's license on 
 82.12  the date of the plate impoundment violation and the person made 
 82.13  a report to law enforcement before the violation stating that 
 82.14  the vehicle had been taken from the person's possession or was 
 82.15  being used without permission. 
 82.16     (b) A person who has failed to make a report as provided in 
 82.17  paragraph (a), clause (2), may be issued special registration 
 82.18  plates under subdivision 13 for a period of one year from the 
 82.19  effective date of the impoundment order.  At the next 
 82.20  registration renewal Following this period, the person may apply 
 82.21  for regular registration plates. 
 82.22     (c) If the order is rescinded, the owner shall receive new 
 82.23  registration plates at no cost, if the plates were seized and 
 82.24  destroyed. 
 82.25     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 82.26  and applies to violations committed on or after that date. 
 82.27     Sec. 17.  Minnesota Statutes 2002, section 169A.60, 
 82.28  subdivision 13, is amended to read: 
 82.29     Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
 82.30  during the effective period of an impoundment order, a violator 
 82.31  or registered owner may apply to the commissioner for new 
 82.32  registration plates, which must bear a special series of numbers 
 82.33  or letters so as to be readily identified by traffic law 
 82.34  enforcement officers.  The commissioner may authorize the 
 82.35  issuance of special plates if: 
 82.36     (1) the violator has a qualified licensed driver whom the 
 83.1   violator must identify; 
 83.2      (2) the violator or registered owner has a limited license 
 83.3   issued under section 171.30; 
 83.4      (3) the registered owner is not the violator and the 
 83.5   registered owner has a valid or limited driver's license; 
 83.6      (4) a member of the registered owner's household has a 
 83.7   valid driver's license; or 
 83.8      (5) the violator has been reissued a valid driver's license.
 83.9      (b) The commissioner may not issue new registration plates 
 83.10  for that vehicle subject to plate impoundment for a period of at 
 83.11  least one year from the date of the impoundment order and until 
 83.12  the next regularly scheduled registration date following the 
 83.13  impoundment period.  In addition, if the owner is the violator, 
 83.14  new registration plates may not be issued for the vehicle unless 
 83.15  the person has been reissued a valid driver's license in 
 83.16  accordance with chapter 171. 
 83.17     (c) A violator may not apply for new registration plates 
 83.18  for a vehicle at any time before the person's driver's license 
 83.19  is reinstated. 
 83.20     (d) The commissioner may issue the special plates on 
 83.21  payment of a $50 fee for each vehicle for which special plates 
 83.22  are requested. 
 83.23     (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
 83.24  must issue upon request new registration plates for a vehicle 
 83.25  for which the registration plates have been impounded if: 
 83.26     (1) the impoundment order is rescinded; 
 83.27     (2) the vehicle is transferred in compliance with 
 83.28  subdivision 14; or 
 83.29     (3) the vehicle is transferred to a Minnesota automobile 
 83.30  dealer licensed under section 168.27, a financial institution 
 83.31  that has submitted a repossession affidavit, or a government 
 83.32  agency. 
 83.33     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 83.34  and applies to violations committed on or after that date. 
 83.35     Sec. 18.  [169A.78] [AIDING AND ABETTING.] 
 83.36     Every person who commits or attempts to commit, conspires 
 84.1   to commit, or aids or abets in the commission of any act 
 84.2   declared in this chapter to be an offense, whether individually 
 84.3   or in connection with one or more other persons or as principal, 
 84.4   agent, or accessory, is guilty of that offense, and every person 
 84.5   who falsely, fraudulently, forcibly, or willfully induces, 
 84.6   causes, coerces, requires, permits, or directs another to 
 84.7   violate any provision of this chapter is likewise guilty of that 
 84.8   offense. 
 84.9      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 84.10  and applies to violations committed on or after that date. 
 84.11     Sec. 19.  Minnesota Statutes 2002, section 609.135, 
 84.12  subdivision 2, is amended to read: 
 84.13     Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
 84.14  conviction is for a felony other than section 609.21, 
 84.15  subdivision 2, 2a, or 4, the stay shall be for not more than 
 84.16  four years or the maximum period for which the sentence of 
 84.17  imprisonment might have been imposed, whichever is longer. 
 84.18     (b) If the conviction is for a gross misdemeanor violation 
 84.19  of section 169A.20 or 609.21, subdivision 2b, or for a felony 
 84.20  described in section 609.21, subdivision 2, 2a, or 4, the stay 
 84.21  shall be for not more than six years.  The court shall provide 
 84.22  for unsupervised probation for the last year of the stay unless 
 84.23  the court finds that the defendant needs supervised probation 
 84.24  for all or part of the last year. 
 84.25     (c) If the conviction is for a gross misdemeanor not 
 84.26  specified in paragraph (b), the stay shall be for not more than 
 84.27  two years. 
 84.28     (d) If the conviction is for any misdemeanor under section 
 84.29  169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a 
 84.30  misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
 84.31  which the victim of the crime was a family or household member 
 84.32  as defined in section 518B.01, the stay shall be for not more 
 84.33  than two years.  The court shall provide for unsupervised 
 84.34  probation for the second year of the stay unless the court finds 
 84.35  that the defendant needs supervised probation for all or part of 
 84.36  the second year. 
 85.1      (e) If the conviction is for a misdemeanor not specified in 
 85.2   paragraph (d), the stay shall be for not more than one year.  
 85.3      (f) The defendant shall be discharged six months after the 
 85.4   term of the stay expires, unless the stay has been revoked or 
 85.5   extended under paragraph (g), or the defendant has already been 
 85.6   discharged. 
 85.7      (g) Notwithstanding the maximum periods specified for stays 
 85.8   of sentences under paragraphs (a) to (f), a court may extend a 
 85.9   defendant's term of probation for up to one year if it finds, at 
 85.10  a hearing conducted under subdivision 1a, that: 
 85.11     (1) the defendant has not paid court-ordered restitution or 
 85.12  a fine in accordance with the payment schedule or structure; and 
 85.13     (2) the defendant is likely to not pay the restitution or 
 85.14  fine the defendant owes before the term of probation expires.  
 85.15  This one-year extension of probation for failure to pay 
 85.16  restitution or a fine may be extended by the court for up to one 
 85.17  additional year if the court finds, at another hearing conducted 
 85.18  under subdivision 1a, that the defendant still has not paid the 
 85.19  court-ordered restitution or fine that the defendant owes. 
 85.20     (h) Notwithstanding the maximum periods specified for stays 
 85.21  of sentences under paragraphs (a) to (f), a court may extend a 
 85.22  defendant's term of probation for up to three years if it finds, 
 85.23  at a hearing conducted under subdivision 1c, that: 
 85.24     (1) the defendant has failed to complete court-ordered 
 85.25  treatment successfully; and 
 85.26     (2) the defendant is likely not to complete court-ordered 
 85.27  treatment before the term of probation expires. 
 85.28     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 85.29  and applies to violations committed on or after that date. 
 85.30     Sec. 20.  Minnesota Statutes 2002, section 629.471, is 
 85.31  amended by adding a subdivision to read: 
 85.32     Subd. 4.  [NOT APPLICABLE FOR FELONY DWI.] This section 
 85.33  does not apply to persons charged with a felony violation under 
 85.34  section 169A.20. 
 85.35     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 85.36  and applies to violations committed on or after that date. 
 86.1                              ARTICLE 10 
 86.2                             PROSTITUTION
 86.3      Section 1.  Minnesota Statutes 2002, section 609.322, is 
 86.4   amended by adding a subdivision to read: 
 86.5      Subd. 1c.  [AGGREGATION OF CASES.] Acts by the defendant in 
 86.6   violation of any one or more of the provisions in this section 
 86.7   within any six-month period may be aggregated and the defendant 
 86.8   charged accordingly in applying the provisions of this section; 
 86.9   provided that when two or more offenses are committed by the 
 86.10  same person in two or more counties, the accused may be 
 86.11  prosecuted in any county in which one of the offenses was 
 86.12  committed for all of the offenses aggregated under this 
 86.13  paragraph.  
 86.14     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 86.15  and applies to crimes committed on or after that date. 
 86.16     Sec. 2.  Minnesota Statutes 2002, section 609.324, is 
 86.17  amended to read: 
 86.18     609.324 [OTHER PROHIBITED ACTS OTHER PROSTITUTION CRIMES; 
 86.19  PATRONS, PROSTITUTES, AND INDIVIDUALS HOUSING INDIVIDUALS 
 86.20  ENGAGED IN PROSTITUTION; PENALTIES.] 
 86.21     Subdivision 1.  [CRIME DEFINED ENGAGING IN, HIRING, OR 
 86.22  AGREEING TO HIRE A MINOR TO ENGAGE IN PROSTITUTION; PENALTIES.] 
 86.23  (a) Whoever intentionally does any of the following may be 
 86.24  sentenced to imprisonment for not more than 20 years or to 
 86.25  payment of a fine of not more than $40,000, or both: 
 86.26     (1) engages in prostitution with an individual under the 
 86.27  age of 13 years; or 
 86.28     (2) hires or offers or agrees to hire an individual under 
 86.29  the age of 13 years to engage in sexual penetration or sexual 
 86.30  contact.  
 86.31     (b) Whoever intentionally does any of the following may be 
 86.32  sentenced to imprisonment for not more than ten years or to 
 86.33  payment of a fine of not more than $20,000, or both:  
 86.34     (1) engages in prostitution with an individual under the 
 86.35  age of 16 years but at least 13 years; or 
 86.36     (2) hires or offers or agrees to hire an individual under 
 87.1   the age of 16 years but at least 13 years to engage in sexual 
 87.2   penetration or sexual contact.  
 87.3      (c) Whoever intentionally does any of the following may be 
 87.4   sentenced to imprisonment for not more than five years or to 
 87.5   payment of a fine of not more than $10,000, or both:  
 87.6      (1) engages in prostitution with an individual under the 
 87.7   age of 18 years but at least 16 years; or 
 87.8      (2) hires or offers or agrees to hire an individual under 
 87.9   the age of 18 years but at least 16 years to engage in sexual 
 87.10  penetration or sexual contact. 
 87.11     Subd. 1a.  [HOUSING AN UNRELATED MINOR ENGAGED IN 
 87.12  PROSTITUTION; PENALTIES.] Any person, other than one related by 
 87.13  blood, adoption, or marriage to the minor, who permits a minor 
 87.14  to reside, temporarily or permanently, in the person's dwelling 
 87.15  without the consent of the minor's parents or guardian, knowing 
 87.16  or having reason to know that the minor is engaging in 
 87.17  prostitution may be sentenced to imprisonment for not more than 
 87.18  one year or to payment of a fine of not more than $3,000, or 
 87.19  both; except that, this subdivision does not apply to 
 87.20  residential placements made, sanctioned, or supervised by a 
 87.21  public or private social service agency. 
 87.22     Subd. 2.  [SOLICITATION IN PUBLIC PLACE OR ACCEPTANCE OF 
 87.23  SOLICITATION TO ENGAGE IN PROSTITUTION; PENALTY.] Whoever 
 87.24  solicits or accepts a solicitation to engage for hire in sexual 
 87.25  penetration or sexual contact while in a public place may be 
 87.26  sentenced to imprisonment for not more than one year or to 
 87.27  payment of a fine of not more than $3,000 or both.  Except as 
 87.28  otherwise provided in subdivision 4, a person who is convicted 
 87.29  of violating this subdivision while acting as a patron must, at 
 87.30  a minimum, be sentenced to pay a fine of at least $1,500. 
 87.31     Subd. 3.  [HIRE TO ENGAGE ENGAGING IN, HIRING, OR AGREEING 
 87.32  TO HIRE AN ADULT TO ENGAGE IN PROSTITUTION; PENALTIES.] Whoever 
 87.33  intentionally does any of the following may be sentenced to 
 87.34  imprisonment for not more than 90 days or to payment of a fine 
 87.35  of not more than $700, or both:  
 87.36     (1) engages in prostitution with an individual 18 years of 
 88.1   age or above; or 
 88.2      (2) hires or offers or agrees to hire an individual 18 
 88.3   years of age or above to engage in sexual penetration or sexual 
 88.4   contact.  Except as otherwise provided in subdivision 4, a 
 88.5   person who is convicted of violating clause (1) or (2) while 
 88.6   acting as a patron must, at a minimum, be sentenced to pay a 
 88.7   fine of at least $500. 
 88.8      Whoever violates the provisions of this subdivision within 
 88.9   two years of a previous conviction may be sentenced to 
 88.10  imprisonment for not more than one year or to payment of a fine 
 88.11  of not more than $3,000, or both.  Except as otherwise provided 
 88.12  in subdivision 4, a person who is convicted of a gross 
 88.13  misdemeanor violation of this subdivision while acting as a 
 88.14  patron, must, at a minimum, be sentenced as follows:  
 88.15     (1) to pay a fine of at least $1,500; and 
 88.16     (2) to serve 20 hours of community work service. 
 88.17     The court may waive the mandatory community work service if 
 88.18  it makes specific, written findings that the community work 
 88.19  service is not feasible or appropriate under the circumstances 
 88.20  of the case. 
 88.21     Subd. 4.  [COMMUNITY SERVICE IN LIEU OF MINIMUM FINE.] The 
 88.22  court may order a person convicted of violating subdivision 2 or 
 88.23  3 to perform community work service in lieu of all or a portion 
 88.24  of the minimum fine required under those subdivisions if the 
 88.25  court makes specific, written findings that the convicted person 
 88.26  is indigent or that payment of the fine would create undue 
 88.27  hardship for the convicted person or that person's immediate 
 88.28  family.  Community work service ordered under this subdivision 
 88.29  is in addition to any mandatory community work service ordered 
 88.30  under subdivision 3. 
 88.31     Subd. 5.  [USE OF MOTOR VEHICLE TO PATRONIZE PROSTITUTES; 
 88.32  DRIVING RECORD NOTATION.] When a court sentences a person 
 88.33  convicted of violating this section while acting as a patron, 
 88.34  the court shall determine whether the person used a motor 
 88.35  vehicle during the commission of the offense.  If the court 
 88.36  finds that the person used a motor vehicle during the commission 
 89.1   of the offense, it shall forward its finding to the commissioner 
 89.2   of public safety who shall record the finding on the person's 
 89.3   driving record.  The finding is classified as private data on 
 89.4   individuals, as defined in section 13.02, subdivision 12. 
 89.5      [EFFECTIVE DATE.] This section is effective August 1, 2003, 
 89.6   and applies to crimes committed on or after that date. 
 89.7      Sec. 3.  Minnesota Statutes 2002, section 609.3241, is 
 89.8   amended to read: 
 89.9      609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
 89.10     When a court sentences an adult convicted of violating 
 89.11  section 609.322 or 609.324, while acting other than as a 
 89.12  prostitute, the court shall impose an assessment of not less 
 89.13  than $250 and not more than $500 for a violation of section 
 89.14  609.324, subdivision 2, or a misdemeanor violation of section 
 89.15  609.324, subdivision 3; otherwise the court shall impose an 
 89.16  assessment of not less than $500 and not more than $1,000.  The 
 89.17  mandatory minimum portion of the assessment is to be used for 
 89.18  the purposes described in section 626.558, subdivision 2a, and 
 89.19  is in addition to the surcharge required by section 357.021, 
 89.20  subdivision 6.  Any portion of the assessment imposed in excess 
 89.21  of the mandatory minimum amount shall be forwarded to the 
 89.22  general fund and is appropriated annually to the commissioner of 
 89.23  corrections public safety.  The commissioner, with the 
 89.24  assistance of the general crime victims advisory council, shall 
 89.25  use money received under this section for grants to agencies 
 89.26  that provide assistance to individuals who have stopped or wish 
 89.27  to stop engaging in prostitution.  Grant money may be used to 
 89.28  provide these individuals with medical care, child care, 
 89.29  temporary housing, and educational expenses. 
 89.30     [EFFECTIVE DATE.] This section is effective the day 
 89.31  following final enactment.  
 89.32     Sec. 4.  [COLLECTION OF INFORMATION AND STUDY ON CERTAIN 
 89.33  PROSTITUTION CASES; REPORT.] 
 89.34     Subdivision 1.  [DEFINITIONS.] (a) The following terms have 
 89.35  the meanings given them. 
 89.36     (b) "Intermediate sanctions" has the meaning given in 
 90.1   Minnesota Statutes, section 609.135, subdivision 1, paragraph 
 90.2   (b). 
 90.3      (c) "Patron" has the meaning given in Minnesota Statutes, 
 90.4   section 609.321, subdivision 4. 
 90.5      (d) "Promotes the prostitution of an individual" has the 
 90.6   meaning given in Minnesota Statutes, section 609.321, 
 90.7   subdivision 7. 
 90.8      (e) "Prostitute" has the meaning given in Minnesota 
 90.9   Statutes, section 609.321, subdivision 8. 
 90.10     (f) "Prostitution crime" means a violation of Minnesota 
 90.11  Statutes, section 609.322 or 609.324. 
 90.12     Subd. 2.  [COLLECTION OF INFORMATION.] (a) The following 
 90.13  attorneys or their designees and the following law enforcement 
 90.14  representatives or their designees shall oversee the collection 
 90.15  of information on the investigation and prosecution of 
 90.16  prostitution crimes committed within the jurisdiction of each 
 90.17  individual's office, commencing January 1, 2002, and ending 
 90.18  December 31, 2002: 
 90.19     (1) the Hennepin county attorney; 
 90.20     (2) the Minneapolis city attorney; 
 90.21     (3) the Ramsey county attorney; 
 90.22     (4) the St. Paul city attorney; 
 90.23     (5) the Hennepin county sheriff; 
 90.24     (6) the chief of police of the Minneapolis police 
 90.25  department; 
 90.26     (7) the Ramsey county sheriff; and 
 90.27     (8) the chief of police of the St. Paul police department. 
 90.28     (b) The information collected under paragraph (a) must 
 90.29  include: 
 90.30     (1) information on the neighborhood and city where the 
 90.31  offense was committed or allegedly committed and information on 
 90.32  the neighborhood and city where the offender or alleged offender 
 90.33  resides; 
 90.34     (2) the number of calls to law enforcement and the number 
 90.35  of complaints made directly to law enforcement regarding alleged 
 90.36  prostitution crimes; 
 91.1      (3) the number of arrests made for prostitution crimes and 
 91.2   a breakdown of the age, race, and gender of the individuals 
 91.3   arrested; 
 91.4      (4) the number of citations, tab charges, and complaints 
 91.5   issued for prostitution crimes; 
 91.6      (5) the types of charges filed in each case, if any, 
 91.7   including whether the person was acting as a patron or 
 91.8   prostitute, or promoting the prostitution of an individual; and 
 91.9      (6) the disposition of each case in which prosecution was 
 91.10  commenced, including the amount of any fine or penalty 
 91.11  assessment imposed; the incarceration imposed on the offender, 
 91.12  if any; the intermediate sanctions, if relevant, or conditions 
 91.13  of probation imposed on the offender, if any; and whether the 
 91.14  offender was referred to a restorative justice program, 
 91.15  diversion program, or alternative sentencing program. 
 91.16     Subd. 3.  [PREPARATION OF SUMMARY AND REPORT.] The law 
 91.17  enforcement authorities specified in subdivision 2, paragraph 
 91.18  (a), shall provide the information required by subdivision 2, 
 91.19  paragraph (b), to the prosecuting authorities in their 
 91.20  jurisdictions by August 15, 2003.  The prosecuting authorities 
 91.21  specified in subdivision 2, paragraph (a), shall cooperate in 
 91.22  preparing a summary of the information collected under 
 91.23  subdivision 2, paragraph (b), and in preparing a report for the 
 91.24  chairs and ranking minority leaders of the house and senate 
 91.25  committees and divisions with jurisdiction over criminal justice 
 91.26  policy and funding.  The report shall be provided to the 
 91.27  legislature and filed in the legislative reference library no 
 91.28  later than December 15, 2003. 
 91.29     [EFFECTIVE DATE.] This section is effective the day 
 91.30  following final enactment.  
 91.31     Sec. 5.  [REPORTS ON PENALTY ASSESSMENTS FOR PROSTITUTION 
 91.32  CRIMES.] 
 91.33     Subdivision 1.  [COMMISSIONER OF PUBLIC SAFETY; REPORT.] (a)
 91.34  By December 15, 2003, the commissioner of public safety shall 
 91.35  submit a report to the chairs and ranking minority leaders of 
 91.36  the house and senate committees and divisions with jurisdiction 
 92.1   over criminal justice policy and funding on the amount of money 
 92.2   appropriated to the commissioner of public safety under 
 92.3   Minnesota Statutes, section 609.3241, since the beginning of 
 92.4   fiscal year 1998.  In preparing this report, the commissioner of 
 92.5   public safety shall determine whether any penalty assessments 
 92.6   were appropriated to the commissioner of corrections during this 
 92.7   time and, if so, how much was appropriated.  The commissioner of 
 92.8   corrections shall cooperate with the commissioner of public 
 92.9   safety in providing this information.  The report also shall 
 92.10  contain information on the use of money appropriated during this 
 92.11  time period, including, but not limited to, the ways in which 
 92.12  the money has been used to assist individuals who have stopped 
 92.13  or wish to stop engaging in prostitution.  The report shall be 
 92.14  filed with the legislative reference library no later than 
 92.15  December 15, 2003. 
 92.16     Subd. 2.  [SUPREME COURT; REPORT.] By December 15, 2003, 
 92.17  the supreme court is requested to report to the chairs and 
 92.18  ranking minority leaders of the house and senate committees and 
 92.19  divisions with jurisdiction over criminal justice policy and 
 92.20  funding concerning the use of money collected since the 
 92.21  beginning of fiscal year 1998 from penalty assessments under 
 92.22  Minnesota Statutes, section 609.3241, and use for the purposes 
 92.23  described in Minnesota Statutes, section 626.558, subdivision 
 92.24  2a.  The report is requested to be filed with the legislative 
 92.25  reference library no later than December 15, 2003. 
 92.26     [EFFECTIVE DATE.] This section is effective the day 
 92.27  following final enactment.