2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime; clarifying language relating to 1.3 controlled substance and certain other crimes; 1.4 clarifying the elements of murder in the first degree, 1.5 witness tampering, and burglary in the first degree; 1.6 providing that a motor vehicle is subject to 1.7 forfeiture if it was used to flee a peace officer in 1.8 violation of law; providing procedures for prosecuting 1.9 attorneys to follow when filing complaints against 1.10 owners whose buildings are alleged nuisances; amending 1.11 the elements of manslaughter in the first degree, 1.12 manslaughter in the second degree, and receiving 1.13 profits from prostitution; requiring reports on wounds 1.14 received from gunshots; expanding the definition of 1.15 electronic incapacitation device and increasing the 1.16 penalty for its unauthorized use; authorizing 1.17 sentencing courts to order the payment of restitution 1.18 to victim assistance programs; providing penalties for 1.19 engaging in certain acts relating to civil disorders; 1.20 clarifying the definition of "theft"; clarifying the 1.21 prerequisites for obtaining a search warrant; adding a 1.22 fine provision to the terroristic threats crime; 1.23 authorizing peace officers to detain probationers 1.24 based on an order from the chief executive officer of 1.25 a community corrections agency; requiring certain 1.26 information to be gathered from crime victims and 1.27 presented at bail hearings; requiring notification to 1.28 certain victims of bail hearings; requiring 1.29 notification to local law enforcement agencies of the 1.30 pretrial release of certain defendants; codifying the 1.31 establishment of a criminal alert network; prohibiting 1.32 the dissemination of false or misleading information 1.33 on the criminal alert network; clarifying procedures 1.34 governing disposition of seized animals; providing 1.35 penalties; amending Minnesota Statutes 1994, sections 1.36 152.021, subdivision 3; 152.022, subdivision 3; 1.37 152.023, subdivision 3; 152.024, subdivision 3; 1.38 152.025, subdivision 3; 343.235; 343.29, subdivision 1.39 1; 401.02, subdivision 4; 609.10; 609.125; 609.185; 1.40 609.20; 609.205; 609.323, subdivisions 2, 3, and by 1.41 adding a subdivision; 609.498, subdivision 1; 609.52, 1.42 subdivision 1; 609.5312, by adding a subdivision; 1.43 609.582, subdivision 1; 609.713, subdivisions 1 and 2; 1.44 617.80, subdivisions 2, 4, 5, 8, and by adding a 1.45 subdivision; 617.81, subdivision 2, and by adding a 1.46 subdivision; 617.82; 617.85; 624.731, subdivisions 1 2.1 and 8; 626.13; 626.53; and 629.715, subdivision 1; 2.2 proposing coding for new law in Minnesota Statutes, 2.3 chapters 299A; 609; and 629; repealing Minnesota 2.4 Statutes 1994, sections 617.81, subdivisions 2a and 3. 2.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.6 Section 1. Minnesota Statutes 1994, section 152.021, 2.7 subdivision 3, is amended to read: 2.8 Subd. 3. [PENALTY.] (a) A person convicted under 2.9 subdivision 1 or 2 may be sentenced to imprisonment for not more 2.10 than 30 years or to payment of a fine of not more than 2.11 $1,000,000, or both. 2.12 (b) If the conviction is a subsequent controlled substance 2.13 conviction, a person convicted under subdivision 1 or 2 shall be 2.14 committed to the commissioner of corrections for not less than 2.15 four years nor more than 40 years
orand, in addition, may be 2.16 sentenced to payment of a fine of not more than $1,000,000 , or2.17 both. 2.18 (c) In a prosecution under subdivision 1 involving sales by 2.19 the same person in two or more counties within a 90-day period, 2.20 the person may be prosecuted for all of the sales in any county 2.21 in which one of the sales occurred. 2.22 Sec. 2. Minnesota Statutes 1994, section 152.022, 2.23 subdivision 3, is amended to read: 2.24 Subd. 3. [PENALTY.] (a) A person convicted under 2.25 subdivision 1 or 2 may be sentenced to imprisonment for not more 2.26 than 25 years or to payment of a fine of not more than $500,000, 2.27 or both. 2.28 (b) If the conviction is a subsequent controlled substance 2.29 conviction, a person convicted under subdivision 1 or 2 shall be 2.30 committed to the commissioner of corrections for not less than 2.31 three years nor more than 40 years orand, in addition, may be 2.32 sentenced to payment of a fine of not more than $500,000 , or2.33 both. 2.34 (c) In a prosecution under subdivision 1 involving sales by 2.35 the same person in two or more counties within a 90-day period, 2.36 the person may be prosecuted for all of the sales in any county 2.37 in which one of the sales occurred. 3.1 Sec. 3. Minnesota Statutes 1994, section 152.023, 3.2 subdivision 3, is amended to read: 3.3 Subd. 3. [PENALTY.] (a) A person convicted under 3.4 subdivision 1 or 2 may be sentenced to imprisonment for not more 3.5 than 20 years or to payment of a fine of not more than $250,000, 3.6 or both. 3.7 (b) If the conviction is a subsequent controlled substance 3.8 conviction, a person convicted under subdivision 1 or 2 shall be 3.9 committed to the commissioner of corrections for not less than 3.10 two years nor more than 30 years orand, in addition, may be 3.11 sentenced to payment of a fine of not more than $250,000 , or3.12 both. 3.13 Sec. 4. Minnesota Statutes 1994, section 152.024, 3.14 subdivision 3, is amended to read: 3.15 Subd. 3. [PENALTY.] (a) A person convicted under 3.16 subdivision 1 or 2 may be sentenced to imprisonment for not more 3.17 than 15 years or to payment of a fine of not more than $100,000, 3.18 or both. 3.19 (b) If the conviction is a subsequent controlled substance 3.20 conviction, a person convicted under subdivision 1 or 2 shall be 3.21 committed to the commissioner of corrections or to a local 3.22 correctional authority for not less than one year nor more than 3.23 30 years orand, in addition, may be sentenced to payment of a 3.24 fine of not more than $100,000 , or both. 3.25 Sec. 5. Minnesota Statutes 1994, section 152.025, 3.26 subdivision 3, is amended to read: 3.27 Subd. 3. [PENALTY.] (a) A person convicted under 3.28 subdivision 1 or 2 may be sentenced to imprisonment for not more 3.29 than five years or to payment of a fine of not more than 3.30 $10,000, or both. 3.31 (b) If the conviction is a subsequent controlled substance 3.32 conviction, a person convicted under subdivision 1 or 2 shall be 3.33 committed to the commissioner of corrections or to a local 3.34 correctional authority for not less than six months nor more 3.35 than ten years orand, in addition, may be sentenced to payment 3.36 of a fine of not more than $20,000 , or both. 4.1 Sec. 6. [299A.61] [CRIMINAL ALERT NETWORK.] 4.2 The commissioner of public safety, in cooperation with the 4.3 commissioner of administration, shall develop and maintain an 4.4 integrated criminal alert network to facilitate the 4.5 communication of crime prevention information by electronic 4.6 means among state agencies, law enforcement officials, and the 4.7 private sector. The network shall disseminate data regarding 4.8 the commission of crimes, including information on missing and 4.9 endangered children, and attempt to reduce theft and other crime 4.10 by the use of electronic transmission of information. 4.11 Sec. 7. Minnesota Statutes 1994, section 343.235, is 4.12 amended to read: 4.13 343.235 [DISPOSITION OF SEIZED ANIMALS.] 4.14 Subdivision 1. [GENERAL RULE.] An animal taken into 4.15 custody under section 343.22 or 343.29 may be humanely disposed 4.16 of at the discretion of the jurisdiction having custody of the 4.17 animal seventen days after the animal is taken into custody, 4.18 provided that the procedures in subdivision 3 are followed. An 4.19 animal raised for food or fiber products may not be seized or 4.20 disposed of without prior examination by a licensed veterinarian 4.21 pursuant to a warrant issued by a judge. 4.22 Subd. 2. [SECURITY.] A person claiming an interest in an 4.23 animal in custody under subdivision 1 may prevent disposition of 4.24 the animal by posting a bond orsecurity in an amount sufficient 4.25 to provide for the animal's actual costs of care and keeping for4.26 at least 30 days, inclusive of the date on which the animal was4.27 taken into custody. Even if a bond or security is posted, the4.28 authority having custody of the animal may humanely dispose of4.29 the animal at the end of the time for which expenses of care and4.30 keeping are covered by the bond or security, unless there is a4.31 court order prohibiting the disposition. The order must provide4.32 for a bond or other security in the amount necessary to protect4.33 the authority having custody of the animal from any cost of the4.34 care, keeping, or disposal of the animal.The security must be 4.35 posted within ten days of the seizure inclusive of the date of 4.36 the seizure. 5.1 Subd. 3. [NOTICE; RIGHT TO HEARING.] (a) The authority 5.2 taking custody of an animal under section 343.22 or 343.29 shall 5.3 give notice of this section by delivering or mailing it to a 5.4 person claiming an interest in the animal or by posting a copy 5.5 of it at the place where the animal is taken into custody or by 5.6 delivering it to a person residing on the property, and 5.7 telephoning, if possible. The notice must include: 5.8 (1) a description of the animal seized; the authority and 5.9 purpose for the seizure; the time, place, and circumstances 5.10 under which the animal was seized; and the location, address, 5.11 telephone number, and contact person where the animal is kept; 5.12 (2) a statement that a person claiming an interest in the 5.13 animal may post security to prevent disposition of the animal 5.14 and may request a hearing concerning the seizure or impoundment 5.15 and that failure to do so within ten days of the date of the 5.16 notice will result in disposition of the animal; and 5.17 (3) a statement that all actual costs of the care, keeping, 5.18 and disposal of the animal are the responsibility of the person 5.19 claiming an interest in the animal, except to the extent that a 5.20 court or hearing officer finds that the seizure or impoundment 5.21 was not substantially justified by law. 5.22 The notice must also include a form that can be used by a 5.23 person claiming an interest in the animal for requesting a 5.24 hearing under this subdivision. 5.25 (b) Upon request of a person claiming an interest in the 5.26 animal, which request must be made within ten days of the date 5.27 of seizure, a hearing must be held within five business days of 5.28 the request, to determine the validity of the seizure and 5.29 impoundment. If the seizure was done pursuant to a warrant 5.30 under section 343.22, the hearing must be conducted by the judge 5.31 who issued the warrant. If the seizure was done under section 5.32 343.29, the municipality taking custody of the animal or, in the 5.33 case of a humane society, the municipality from which the animal 5.34 was seized, may either (1) authorize a licensed veterinarian 5.35 with no financial interest in the matter or professional 5.36 association with either party or (2) use the services of a 6.1 hearing officer to conduct the hearing. A person claiming an 6.2 interest in the animal who is aggrieved by a decision of a 6.3 hearing officer under this subdivision may seek a court order 6.4 governing the seizure or impoundment within five days of notice 6.5 of the order. 6.6 (c) The judge or hearing officer may authorize the return 6.7 of the animal, if the judge or hearing officer finds that: 6.8 (1) the animal is physically fit; and 6.9 (2) the person claiming an interest in the animal can and 6.10 will provide the care required by law for the animal. 6.11 (d) The person claiming an interest in the animal is liable 6.12 for all actual costs of care, keeping, and disposal of the 6.13 animal, except to the extent that a court or hearing officer 6.14 finds that the seizure or impoundment was not substantially 6.15 justified by law. The costs must be paid in full or a mutually 6.16 satisfactory arrangement for payment must be made between the 6.17 municipality and the person claiming an interest in the animal 6.18 before return of the animal to the person. 6.19 Sec. 8. Minnesota Statutes 1994, section 343.29, 6.20 subdivision 1, is amended to read: 6.21 Subdivision 1. [DELIVERY TO SHELTER.] Any peace officer, 6.22 animal control officer, or agent of the federation or county or 6.23 district societies for the prevention of cruelty, may remove, 6.24 shelter, and care for any animal which is not properly sheltered 6.25 from cold, hot, or inclement weather or any animal not properly 6.26 fed and watered, or provided with suitable food and drink in 6.27 circumstances that threaten the life of the animal. When 6.28 necessary, a peace officer, animal control officer, or agent may 6.29 deliver the animal to another person to be sheltered and cared 6.30 for, and furnished with suitable food and drink. In all cases, 6.31 the owner, if known, shall be immediately notified as provided 6.32 in section 343.235, subdivision 3, and the person having 6.33 possession of the animal, shall have a lien thereon for 6.34 its actual costs of care and keeping and the expenses of the 6.35 notice. If the owner or custodian is unknown and cannot by 6.36 reasonable effort be ascertained, or does not, within seventen 7.1 days after notice, redeem the animal by paying the expenses 7.2 authorized by this subdivision, the animal may be disposed of as 7.3 provided in section 343.235. 7.4 Sec. 9. Minnesota Statutes 1994, section 401.02, 7.5 subdivision 4, is amended to read: 7.6 Subd. 4. [DETAINING PERSON ON CONDITIONAL RELEASE OR 7.7 PROBATION.] (a) The written order of the chief executive officer 7.8 or designee of a community corrections agency established under 7.9 this chapter is sufficient authority for peace officers and 7.10 probation officers serving the district and juvenile courts 7.11 of participating counties participating in the subsidy program7.12 established by this chapter may, without order or warrant, when 7.13 it appears necessary to prevent escape or enforce discipline, to 7.14 take and detain a probationer, or any person on conditional 7.15 release and bring that person before the court or the 7.16 commissioner of corrections or a designee, whichever is 7.17 appropriate, for disposition. No probationer or other person on 7.18 conditional release shall be detained more than 72 hours, 7.19 exclusive of legal holidays, Saturdays and Sundays, pursuant to 7.20 this subdivision without being provided with the opportunity for 7.21 a hearing before the court or the commissioner of corrections or 7.22 a designee. 7.23 (b) The written order of the chief executive officer or 7.24 designee of a community corrections agency established under 7.25 this chapter is sufficient authority for probation officers 7.26 serving the district and juvenile courts of participating 7.27 counties to release within 72 hours, exclusive of legal 7.28 holidays, Saturdays, and Sundays, without appearance before the 7.29 court or the commissioner of corrections or a designee, any 7.30 person detained pursuant to paragraph (a). 7.31 (c) When providing supervision and other correctional 7.32 services to persons conditionally released pursuant to sections 7.33 241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including 7.34 intercounty transfer of persons on conditional release, and the 7.35 conduct of presentence investigations, participating counties 7.36 shall comply with the policies and procedures relating thereto 8.1 as prescribed by the commissioner of corrections. 8.2 (b)(d) The written order of the chief executive officer or 8.3 designee of a community corrections agency established under 8.4 this chapter is sufficient authority for any peace officer or 8.5 county probation officer to take and place in actual custody any 8.6 person under sentence or on probation who: 8.7 (1) fails to report to serve a sentence at a local 8.8 correctional facility, as defined in section 241.021, 8.9 subdivision 1; 8.10 (2) fails to return from furlough or authorized temporary 8.11 release from a local correctional facility; 8.12 (3) escapes from a local correctional facility; or 8.13 (4) absconds from court-ordered home detention. 8.14 (c)(e) The written order of the chief executive officer or 8.15 designee of a community corrections agency established under 8.16 this chapter is sufficient authority for any peace officer or 8.17 county probation officer to take and place in actual custody any 8.18 person on a court authorized pretrial release who absconds from 8.19 pretrial release or fails to abide by the conditions of pretrial 8.20 release. 8.21 Sec. 10. Minnesota Statutes 1994, section 609.10, is 8.22 amended to read: 8.23 609.10 [SENTENCES AVAILABLE.] 8.24 Upon conviction of a felony and compliance with the other 8.25 provisions of this chapter the court, if it imposes sentence, 8.26 may sentence the defendant to the extent authorized by law as 8.27 follows: 8.28 (1) to life imprisonment; or 8.29 (2) to imprisonment for a fixed term of years set by the 8.30 court; or 8.31 (3) to both imprisonment for a fixed term of years and 8.32 payment of a fine; or 8.33 (4) to payment of a fine without imprisonment or to 8.34 imprisonment for a fixed term of years if the fine is not paid; 8.35 or 8.36 (5) to payment of court-ordered restitution in addition to 9.1 either imprisonment or payment of a fine, or both; or 9.2 (6) to payment of a local correctional fee as authorized 9.3 under section 609.102 in addition to any other sentence imposed 9.4 by the court. 9.5 As used in this section, "restitution" includes: 9.6 (i) payment of compensation to the victim or the victim's 9.7 family; and 9.8 (ii) if the victim is deceased or already has been fully 9.9 compensated, payment of money to a victim assistance program or 9.10 other program directed by the court. 9.11 Sec. 11. Minnesota Statutes 1994, section 609.125, is 9.12 amended to read: 9.13 609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 9.14 Upon conviction of a misdemeanor or gross misdemeanor the 9.15 court, if sentence is imposed, may, to the extent authorized by 9.16 law, sentence the defendant: 9.17 (1) to imprisonment for a definite term; or 9.18 (2) to payment of a fine, or to imprisonment for a 9.19 specified term if the fine is not paid; or 9.20 (3) to both imprisonment for a definite term and payment of 9.21 a fine; or 9.22 (4) to payment of court-ordered restitution in addition to 9.23 either imprisonment or payment of a fine, or both; or 9.24 (5) to payment of a local correctional fee as authorized 9.25 under section 609.102 in addition to any other sentence imposed 9.26 by the court. 9.27 As used in this section, "restitution" includes: 9.28 (i) payment of compensation to the victim or the victim's 9.29 family; and 9.30 (ii) if the victim is deceased or already has been fully 9.31 compensated, payment of money to a victim assistance program or 9.32 other program directed by the court. 9.33 Sec. 12. Minnesota Statutes 1994, section 609.185, is 9.34 amended to read: 9.35 609.185 [MURDER IN THE FIRST DEGREE.] 9.36 Whoever does any of the following is guilty of murder in 10.1 the first degree and shall be sentenced to imprisonment for life: 10.2 (1) causes the death of a human being with premeditation 10.3 and with intent to effect the death of the person or of another; 10.4 (2) causes the death of a human being while committing or 10.5 attempting to commit criminal sexual conduct in the first or 10.6 second degree with force or violence, either upon or affecting 10.7 the person or another; 10.8 (3) causes the death of a human being with intent to effect 10.9 the death of the person or another, while committing or 10.10 attempting to commit burglary, aggravated robbery, kidnapping, 10.11 arson in the first or second degree, tampering with a witness in 10.12 the first degree, escape from custody, or any felony violation 10.13 of chapter 152 involving the unlawful sale of a controlled 10.14 substance; 10.15 (4) causes the death of a peace officer or a guard employed 10.16 at a Minnesota state or local correctional facility, with intent 10.17 to effect the death of that person or another, while the peace 10.18 officer or guard is engaged in the performance of official 10.19 duties; 10.20 (5) causes the death of a minor under circumstances other10.21 than those described in clause (1) or (2)while committing child 10.22 abuse, when the perpetrator has engaged in a past pattern of 10.23 child abuse upon the child and the death occurs under 10.24 circumstances manifesting an extreme indifference to human life; 10.25 or 10.26 (6) causes the death of a human being under circumstances10.27 other than those described in clause (1), (2), or (5)while 10.28 committing domestic abuse, when the perpetrator has engaged in a 10.29 past pattern of domestic abuse upon the victim and the death 10.30 occurs under circumstances manifesting an extreme indifference 10.31 to human life. 10.32 For purposes of clause (5), "child abuse" means an act 10.33 committed against a minor victim that constitutes a violation of 10.34 the following laws of this state or any similar laws of the 10.35 United States or any other state: section 609.221; 609.222; 10.36 609.223; 609.224; 609.342; 609.343; 609.344; 609.345; 609.377; 11.1 609.378; or 609.713. 11.2 For purposes of clause (6), "domestic abuse" means an act 11.3 that: 11.4 (1) constitutes a violation of section 609.221, 609.222, 11.5 609.223, 609.224, 609.342, 609.343, 609.344, 609.345, 609.713, 11.6 or any similar laws of the United States or any other state; and 11.7 (2) is committed against the victim who is a family or 11.8 household member as defined in section 518B.01, subdivision 2, 11.9 paragraph (b). 11.10 Sec. 13. Minnesota Statutes 1994, section 609.20, is 11.11 amended to read: 11.12 609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 11.13 Whoever does any of the following is guilty of manslaughter 11.14 in the first degree and may be sentenced to imprisonment for not 11.15 more than 15 years or to payment of a fine of not more than 11.16 $30,000, or both: 11.17 (1) intentionally causes the death of another person in the 11.18 heat of passion provoked by such words or acts of another as 11.19 would provoke a person of ordinary self-control under like 11.20 circumstances, provided that the crying of a child does not 11.21 constitute provocation; 11.22 (2) causes the death of another in committing or attempting 11.23 to commit a misdemeanor or gross misdemeanor offense with such 11.24 force and violence that death of or great bodily harm to any 11.25 person was reasonably foreseeable, and murder in the first or 11.26 second degree was not committed thereby; 11.27 (3) intentionally causes the death of another person 11.28 because the actor is coerced by threats made by someone other 11.29 than the actor's coconspirator and which cause the actor 11.30 reasonably to believe that the act performed by the actor is the 11.31 only means of preventing imminent death to the actor or another; 11.32 or11.33 (4) proximately causes the death of another, without intent 11.34 to cause death by, directly or indirectly, unlawfully selling, 11.35 giving away, bartering, delivering, exchanging, distributing, or 11.36 administering a controlled substance classified in schedule III, 12.1 IV, or V; or 12.2 (5) causes the death of another in committing or attempting 12.3 to commit a violation of section 609.377 (malicious punishment 12.4 of a child), and murder in the first, second, or third degree is 12.5 not committed thereby. 12.6 As used in this section, a "person of ordinary self-control" 12.7 does not include a person under the influence of intoxicants or 12.8 a controlled substance. 12.9 Sec. 14. Minnesota Statutes 1994, section 609.205, is 12.10 amended to read: 12.11 609.205 [MANSLAUGHTER IN THE SECOND DEGREE.] 12.12 A person who causes the death of another by any of the 12.13 following means is guilty of manslaughter in the second degree 12.14 and may be sentenced to imprisonment for not more than ten years 12.15 or to payment of a fine of not more than $20,000, or both: 12.16 (1) by the person's culpable negligence whereby the person 12.17 creates an unreasonable risk, and consciously takes chances of 12.18 causing death or great bodily harm to another; or 12.19 (2) by shooting another with a firearm or other dangerous 12.20 weapon as a result of negligently believing the other to be a 12.21 deer or other animal; or 12.22 (3) by setting a spring gun, pit fall, deadfall, snare, or 12.23 other like dangerous weapon or device; or 12.24 (4) by negligently or intentionally permitting any animal, 12.25 known by the person to have vicious propensities or to have 12.26 caused great or substantial bodily harm in the past, to run 12.27 uncontrolled off the owner's premises, or negligently failing to 12.28 keep it properly confined; or 12.29 (5) by committing or attempting to commit a violation of 12.30 section 609.378 (neglect or endangerment of a child), and murder 12.31 in the first, second, or third degree is not committed thereby. 12.32 If proven by a preponderance of the evidence, it shall be 12.33 an affirmative defense to criminal liability under clause (4) 12.34 that the victim provoked the animal to cause the victim's death. 12.35 Sec. 15. Minnesota Statutes 1994, section 609.323, 12.36 subdivision 2, is amended to read: 13.1 Subd. 2. Whoever, not related by blood, adoption, or13.2 marriage to the prostitute,while acting other than as a 13.3 prostitute or patron, intentionally receives profit, knowing or 13.4 having reason to know that it is derived from the prostitution, 13.5 or the promotion of the prostitution, of an individual in 13.6 circumstances described in section 609.322, subdivision 2, 13.7 clause (3), may be sentenced to not more than three years 13.8 imprisonment or to payment of a fine of not more than $5,000, or 13.9 both. 13.10 Sec. 16. Minnesota Statutes 1994, section 609.323, 13.11 subdivision 3, is amended to read: 13.12 Subd. 3. Whoever, not related by blood, adoption, or13.13 marriage to the prostitute,while acting other than as a 13.14 prostitute or patron, intentionally receives profit, knowing or 13.15 having reason to know that it is derived from the prostitution, 13.16 or the promotion of the prostitution of an individual 18 years 13.17 of age or above may be sentenced to imprisonment for not more 13.18 than one year or to payment of a fine of not more than $3,000, 13.19 or both. 13.20 Sec. 17. Minnesota Statutes 1994, section 609.323, is 13.21 amended by adding a subdivision to read: 13.22 Subd. 3a. [EXCEPTIONS.] Subdivisions 1a, 2, and 3 do not 13.23 apply to a minor who is dependent on an individual acting as a 13.24 prostitute and who may have benefited from or been supported by 13.25 the individual's earnings derived from prostitution. 13.26 Sec. 18. Minnesota Statutes 1994, section 609.498, 13.27 subdivision 1, is amended to read: 13.28 Subdivision 1. [TAMPERING WITH A WITNESS IN THE FIRST 13.29 DEGREE.] Whoever does any of the following is guilty of 13.30 tampering with a witness in the first degree and may be 13.31 sentenced as provided in subdivision 1a: 13.32 (a) intentionally prevents or dissuades or intentionally 13.33 attempts to prevent or dissuade by means of force or threats of 13.34 injury to any person or property, a person who is or may become 13.35 a witness from attending or testifying at any trial, proceeding, 13.36 or inquiry authorized by law; 14.1 (b) by means of force or threats of injury to any person or 14.2 property, intentionally coerces or attempts to coerce a person 14.3 who is or may become a witness to testify falsely at any trial, 14.4 proceeding, or inquiry authorized by law; 14.5 (c) intentionally causes injury or threatens to cause 14.6 injury to any person or property in retaliation against a person 14.7 who was summoned as a witness at any trial, proceeding, or 14.8 inquiry authorized by law, within a year following that trial, 14.9 proceeding, or inquiry or within a year following the actor's 14.10 release from incarceration, whichever is later; 14.11 (d) intentionally prevents or dissuades or attempts to 14.12 prevent or dissuade, by means of force or threats of injury to 14.13 any person or property, a person from providing information to 14.14 law enforcement authorities concerning a crime; 14.15 (e) by means of force or threats of injury to any person or 14.16 property, intentionally coerces or attempts to coerce a person 14.17 to provide false information concerning a crime to law 14.18 enforcement authorities; or 14.19 (f) intentionally causes injury or threatens to cause 14.20 injury to any person or property in retaliation against a person 14.21 who has provided information to law enforcement authorities 14.22 concerning a crime within a year of that person providing the 14.23 information or within a year of the actor's release from 14.24 incarceration, whichever is later. 14.25 Sec. 19. [609.5051] [CRIMINAL ALERT NETWORK; DISSEMINATION 14.26 OF FALSE OR MISLEADING INFORMATION PROHIBITED.] 14.27 Whoever uses the criminal alert network under section 14.28 299A.61 to disseminate information regarding the commission of a 14.29 crime knowing that it is false or misleading, is guilty of a 14.30 misdemeanor. 14.31 Sec. 20. Minnesota Statutes 1994, section 609.52, 14.32 subdivision 1, is amended to read: 14.33 Subdivision 1. [DEFINITIONS.] In this section: 14.34 (1) "Property" means all forms of tangible property, 14.35 whether real or personal, without limitation including documents 14.36 of value, electricity, gas, water, corpses, domestic animals, 15.1 dogs, pets, fowl, and heat supplied by pipe or conduit by 15.2 municipalities or public utility companies and articles, as 15.3 defined in clause (4), representing trade secrets, which 15.4 articles shall be deemed for the purposes of Extra Session Laws 15.5 1967, chapter 15 to include any trade secret represented by the 15.6 article. 15.7 (2) "Movable property" is property whose physical location 15.8 can be changed, including without limitation things growing on, 15.9 affixed to, or found in land. 15.10 (3) "Value" means the retail market value at the time of 15.11 the theft, or if the retail market value cannot be ascertained, 15.12 the cost of replacement of the property within a reasonable time 15.13 after the theft, or in the case of a theft or the making of a 15.14 copy of an article representing a trade secret, where the retail 15.15 market value or replacement cost cannot be ascertained, any 15.16 reasonable value representing the damage to the owner which the 15.17 owner has suffered by reason of losing an advantage over those 15.18 who do not know of or use the trade secret. For a check, draft, 15.19 or other order for the payment of money, "value" means the 15.20 amount of money promised or ordered to be paid under the terms 15.21 of the check, draft, or other order. For a theft committed 15.22 within the meaning of subdivision 2, clause (5), (a) and (b), if 15.23 the property has been restored to the owner, "value" means the 15.24 value of the use of the property or the damage which it 15.25 sustained, whichever is greater, while the owner was deprived of 15.26 its possession, but not exceeding the value otherwise provided 15.27 herein. 15.28 (4) "Article" means any object, material, device or 15.29 substance, including any writing, record, recording, drawing, 15.30 sample specimen, prototype, model, photograph, microorganism, 15.31 blueprint or map, or any copy of any of the foregoing. 15.32 (5) "Representing" means describing, depicting, containing, 15.33 constituting, reflecting or recording. 15.34 (6) "Trade secret" means information, including a formula, 15.35 pattern, compilation, program, device, method, technique, or 15.36 process, that: 16.1 (i) derives independent economic value, actual or 16.2 potential, from not being generally known to, and not being 16.3 readily ascertainable by proper means by, other persons who can 16.4 obtain economic value from its disclosure or use, and 16.5 (ii) is the subject of efforts that are reasonable under 16.6 the circumstances to maintain its secrecy. 16.7 (7) "Copy" means any facsimile, replica, photograph or 16.8 other reproduction of an article, and any note, drawing, or 16.9 sketch made of or from an article while in the presence of the 16.10 article. 16.11 (8) "Property of another" includes property in which the 16.12 actor is coowner or has a lien, pledge, bailment, or lease or 16.13 other subordinate interest, and property of a partnership of 16.14 which the actor is a member, unless the actor and the victim are 16.15 husband and wife. It does not include property in which the 16.16 actor asserts in good faith a claim as a collection fee or 16.17 commission out of property or funds recovered, or by virtue of a 16.18 lien, setoff, or counterclaim. 16.19 (9) "Services" include but are not limited to labor, 16.20 professional services, transportation services, electronic 16.21 computer services, the supplying of hotel accommodations, 16.22 restaurant services, entertainment services, advertising 16.23 services, telecommunication services, and the supplying of 16.24 equipment for use. 16.25 (10) "Motor vehicle" means a self-propelled device for 16.26 moving persons or property or pulling implements from one place 16.27 to another, whether the device is operated on land, rails, 16.28 water, or in the air. 16.29 Sec. 21. Minnesota Statutes 1994, section 609.5312, is 16.30 amended by adding a subdivision to read: 16.31 Subd. 4. [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 16.32 (a) A motor vehicle is subject to forfeiture under this 16.33 subdivision if it was used to commit a violation of section 16.34 609.487 and endanger life or property. A motor vehicle is 16.35 subject to forfeiture under this subdivision only if the offense 16.36 is established by proof of a criminal conviction for the 17.1 offense. Except as otherwise provided in this subdivision, a 17.2 forfeiture under this subdivision is governed by sections 17.3 609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 17.4 (b) When a motor vehicle subject to forfeiture under this 17.5 subdivision is seized in advance of a judicial forfeiture order, 17.6 a hearing before a judge or referee must be held within 96 hours 17.7 of the seizure. Notice of the hearing must be given to the 17.8 registered owner within 48 hours of the seizure. The 17.9 prosecuting authority shall certify to the court, at or in 17.10 advance of the hearing, that it has filed or intends to file 17.11 charges against the alleged violator for violating section 17.12 609.487. After conducting the hearing, the court shall order 17.13 that the motor vehicle be returned to the owner if: 17.14 (1) the prosecutor has failed to make the certification 17.15 required by this paragraph; 17.16 (2) the owner of the motor vehicle has demonstrated to the 17.17 court's satisfaction that the owner has a defense to the 17.18 forfeiture, including but not limited to the defenses contained 17.19 in subdivision 2; or 17.20 (3) the court determines that seizure of the vehicle 17.21 creates or would create an undue hardship for members of the 17.22 owner's family. 17.23 (c) If the defendant is acquitted or the charges against 17.24 the defendant are dismissed, neither the owner nor the defendant 17.25 is responsible for paying any costs associated with the seizure 17.26 or storage of the vehicle. 17.27 (d) A vehicle leased or rented under section 168.27, 17.28 subdivision 4, for a period of 180 days or less is not subject 17.29 to forfeiture under this subdivision. 17.30 Sec. 22. Minnesota Statutes 1994, section 609.582, 17.31 subdivision 1, is amended to read: 17.32 Subdivision 1. [BURGLARY IN THE FIRST DEGREE.] Whoever 17.33 enters a building without consent and with intent to commit a 17.34 crime, or enters a building without consent and commits a crime 17.35 while in the building, commits burglary in the first degree and 17.36 may be sentenced to imprisonment for not more than 20 years or 18.1 to payment of a fine of not more than $35,000, or both, if: 18.2 (a) the building is a dwelling and another person, not an 18.3 accomplice, is present in it when the burglar enters or at any 18.4 time while the burglar is in the building; 18.5 (b) the burglar possesses, when entering or at any time 18.6 while in the building, any of the following: a dangerous 18.7 weapon, any article used or fashioned in a manner to lead the 18.8 victim to reasonably believe it to be a dangerous weapon, or an 18.9 explosive; or 18.10 (c) the burglar assaults a person within the building or on 18.11 the building's appurtenant property. 18.12 Sec. 23. [609.669] [CIVIL DISORDER.] 18.13 Subdivision 1. [PROHIBITED ACTS.] (a) A person is guilty 18.14 of a gross misdemeanor who: 18.15 (1) teaches or demonstrates to any other person how to use 18.16 or make any firearm, or explosive or incendiary device capable 18.17 of causing injury or death, knowing or having reason to know 18.18 that it will be unlawfully employed for use in, or in 18.19 furtherance of, a civil disorder; or 18.20 (2) assembles with one or more persons for the purpose of 18.21 training with, practicing with, or being instructed in the use 18.22 of any firearm, or explosive or incendiary device capable of 18.23 causing injury or death, with the intent that it be unlawfully 18.24 employed for use in, or in furtherance of, a civil disorder. 18.25 (b) This section does not apply to law enforcement officers 18.26 engaged in the lawful performance of the officer's official 18.27 duties. 18.28 Subd. 2. [DEFINITIONS.] For purposes of this section, the 18.29 following terms have the meanings given them: 18.30 (1) "civil disorder" means any public disturbance involving 18.31 acts of violence by assemblages of three or more persons, which 18.32 causes an immediate danger of or results in damage or injury to 18.33 the property or person of any other individual; 18.34 (2) "firearm" means any weapon which is designed to or may 18.35 readily be converted to expel any projectile by the action of an 18.36 explosive; or the frame or receiver of any such weapon; 19.1 (3) "explosive or incendiary device" has the meaning given 19.2 in section 609.668, subdivision 1; and 19.3 (4) "law enforcement officer" means any officer or employee 19.4 of the United States, the state, or any political subdivision of 19.5 the state, and specifically includes members of the National 19.6 Guard and members of the armed forces of the United States. 19.7 Sec. 24. Minnesota Statutes 1994, section 609.713, 19.8 subdivision 1, is amended to read: 19.9 Subdivision 1. Whoever threatens, directly or indirectly, 19.10 to commit any crime of violence with purpose to terrorize 19.11 another or to cause evacuation of a building, place of assembly, 19.12 vehicle or facility of public transportation or otherwise to 19.13 cause serious public inconvenience, or in a reckless disregard 19.14 of the risk of causing such terror or inconvenience may be 19.15 sentenced to imprisonment for not more than five years or to 19.16 payment of a fine of not more than $10,000, or both. As used in 19.17 this subdivision, "crime of violence" has the meaning given 19.18 "violent crime" in section 609.152, subdivision 1, paragraph (d). 19.19 Sec. 25. Minnesota Statutes 1994, section 609.713, 19.20 subdivision 2, is amended to read: 19.21 Subd. 2. Whoever communicates to another with purpose to 19.22 terrorize another or in reckless disregard of the risk of 19.23 causing such terror, that explosives or an explosive device or 19.24 any incendiary device is present at a named place or location, 19.25 whether or not the same is in fact present, may be sentenced to 19.26 imprisonment for not more than three years or to payment of a 19.27 fine of not more than $3,000, or both. 19.28 Sec. 26. Minnesota Statutes 1994, section 617.80, 19.29 subdivision 2, is amended to read: 19.30 Subd. 2. [BUILDING.] "Building" means a structure suitable 19.31 for human shelter, a commercial structure that is maintained for 19.32 business activities that involve human occupation, orany 19.33 portion of such structuresthe structure, or the land 19.34 surrounding the structure. If the building is a multiunit 19.35 dwelling, a hotel or motel, or a commercial or office building, 19.36 the term "building," for purposes of sections 617.80 to 617.87, 20.1 means only the portion of the building within or outside the 20.2 structure in which a nuisance is maintained or permitted, such 20.3 as a dwelling unit, room, suite of rooms, office, common area, 20.4 storage area, garage, or parking area. 20.5 Sec. 27. Minnesota Statutes 1994, section 617.80, 20.6 subdivision 4, is amended to read: 20.7 Subd. 4. [PROSTITUTION.] "Prostitution" or "prostitution- 20.8 related offensesactivity" means theconduct defined inthat 20.9 would violate sections 609.321 to 609.324. 20.10 Sec. 28. Minnesota Statutes 1994, section 617.80, 20.11 subdivision 5, is amended to read: 20.12 Subd. 5. [GAMBLING.] "Gambling" or "gambling-related 20.13 offensesactivity" means theconduct described inthat would 20.14 violate sections 609.75 to 609.762. 20.15 Sec. 29. Minnesota Statutes 1994, section 617.80, 20.16 subdivision 8, is amended to read: 20.17 Subd. 8. [INTERESTED PARTY.] "Interested party," for 20.18 purposes of sections 617.80 to 617.87, means any known lessee or 20.19 tenant of a building or affected portion of a building and; any 20.20 known agent of an owner, lessee, or tenant; or any other person 20.21 who maintains or permits a nuisance and is known to the city 20.22 attorney, county attorney, or attorney general. 20.23 Sec. 30. Minnesota Statutes 1994, section 617.80, is 20.24 amended by adding a subdivision to read: 20.25 Subd. 9. [PROSECUTING ATTORNEY.] "Prosecuting attorney" 20.26 means the attorney general, county attorney, city attorney, or 20.27 attorney serving the jurisdiction where the nuisance is located. 20.28 Sec. 31. Minnesota Statutes 1994, section 617.81, 20.29 subdivision 2, is amended to read: 20.30 Subd. 2. [ACTS CONSTITUTING A NUISANCE.] (a) For purposes 20.31 of sections 617.80 to 617.87, a public nuisance exists upon 20.32 proof of three or more misdemeanor convictions or two or more20.33 convictions, of which at least one is a gross misdemeanor or20.34 felony, within the previous two years fortwo or more separate 20.35 behavioral incidents of one or more of the following, committed 20.36 within the previous 12 months within the building, or if the 21.1 building contains more than one rental unit: (1) within a 21.2 single rental unit; or (2) within two or more rental units 21.3 leased or controlled by the same person: 21.4 (1) acts ofprostitution or prostitution-related offenses21.5 activity committed within the building; 21.6 (2) acts ofgambling or gambling-related offensesactivity 21.7 committed within the building; 21.8 (3) keeping or permitting a disorderly house within the 21.9 building; 21.10 (4) unlawful sale or, possession, storage, delivery, 21.11 giving, manufacture, cultivation, or use of controlled 21.12 substances committed within the building; 21.13 (5) unlicensed sales of alcoholic beverages committed 21.14 within the building in violation of section 340A.401; 21.15 (6) unlawful sales or gifts of alcoholic beverages by an 21.16 unlicensed person committed within the building in violation of 21.17 section 340A.503, subdivision 2, clause (1); or 21.18 (7) unlawful use or possession of a firearm in violation of 21.19 section 609.66, subdivision 1a, 609.67, or 624.713, committed 21.20 within the building. 21.21 (b) A second or subsequent conviction under paragraph (a)21.22 may be used to prove the existence of a nuisance if the conduct21.23 on which the second or subsequent conviction is based occurred21.24 within two years following the first conviction, regardless of21.25 the date of the conviction for the second or subsequent offense.21.26 Proof of a nuisance exists if each of the elements of the 21.27 conduct constituting the nuisance is established by clear and 21.28 convincing evidence. 21.29 Sec. 32. Minnesota Statutes 1994, section 617.81, is 21.30 amended by adding a subdivision to read: 21.31 Subd. 4. [NOTICE.] (a) If a prosecuting attorney has 21.32 reason to believe that a nuisance is maintained or permitted in 21.33 the jurisdiction the prosecuting attorney serves, and intends to 21.34 seek abatement of the nuisance, the prosecuting attorney shall 21.35 provide the written notice described in paragraph (b), by 21.36 personal service or certified mail, return receipt requested, to 22.1 the owner and all interested parties known to the prosecuting 22.2 attorney. 22.3 (b) The written notice must: 22.4 (1) state that a nuisance as defined in subdivision 2 is 22.5 maintained or permitted in the building and must specify the 22.6 kind or kinds of nuisance being maintained or permitted; 22.7 (2) summarize the evidence that a nuisance is maintained or 22.8 permitted in the building, including the dates on which 22.9 nuisance-related activities are alleged to have occurred; 22.10 (3) inform the recipient that failure to abate the conduct 22.11 constituting the nuisance or to otherwise resolve the matter 22.12 with the prosecuting attorney within 30 days of service of the 22.13 notice may result in the filing of a complaint for relief in 22.14 district court that could, among other remedies, result in 22.15 enjoining the use of the building for any purpose for one year 22.16 or, in the case of a tenant, could result in cancellation of the 22.17 lease; and 22.18 (4) inform the owner of the options available under section 22.19 617.85. 22.20 Sec. 33. Minnesota Statutes 1994, section 617.82, is 22.21 amended to read: 22.22 617.82 [TEMPORARY ORDER.] 22.23 Whenever a city attorney, county attorney, or the attorney22.24 generalprosecuting attorney has cause to believe that a 22.25 nuisance described in section 617.81, subdivision 2, exists 22.26 within the jurisdiction the attorney serves, thatthe 22.27 prosecuting attorney may by verified petition seek a temporary 22.28 injunction in district court in the county in which the alleged 22.29 public nuisance exists, provided that at least 30 days have 22.30 expired since service of the notice required under section 22.31 617.81, subdivision 4. No temporary injunction may be issued 22.32 without a prior show cause notice of hearing to the respondents 22.33 named in the petition and an opportunity for the respondents to 22.34 be heard. Upon proof of a nuisance described in section 617.81, 22.35 subdivision 2, the court shall issue a temporary injunction. 22.36 Any temporary injunction issued must describe the conduct to be 23.1 enjoined. 23.2 Sec. 34. Minnesota Statutes 1994, section 617.85, is 23.3 amended to read: 23.4 617.85 [NUISANCE; MOTION TO CANCEL LEASE.] 23.5 Where notice is provided under section 617.81, subdivision 23.6 4, that an abatement of a nuisance is sought and the 23.7 circumstances that are the basis for the requested abatement 23.8 involved the acts of a commercial or residential tenant or 23.9 lessee of part or all of a building, the owner of the building 23.10 that is subject to the abatement proceeding may file before the 23.11 court that has jurisdiction over the abatement proceeding a 23.12 motion to cancel the lease or otherwise secure restitution of 23.13 the premises from the tenant or lessee who has maintained or 23.14 conducted the nuisance. The owner may assign to the prosecuting 23.15 attorney the right to file this motion. In addition to the 23.16 grounds provided in chapter 566, the maintaining or conducting 23.17 of a nuisance as defined in section 617.81, subdivision 2, by a 23.18 tenant or lessee, is an additional ground authorized by law for 23.19 seeking the cancellation of a lease or the restitution of the 23.20 premises. It is no defense to a motion under this section by 23.21 the owner or the prosecuting attorney that the lease or other 23.22 agreement controlling the tenancy or leasehold does not provide 23.23 for eviction or cancellation of the lease upon the ground 23.24 provided in this section. 23.25 Upon a finding by the court that the tenant or lessee has 23.26 maintained or conducted a nuisance in any portion of the 23.27 building under the control of the tenant or lessee, the court 23.28 shall order cancellation of the lease or tenancy and grant 23.29 restitution of the premises to the owner. The court must not 23.30 order abatement of the premises if the court: 23.31 (a) upon the motion of the building ownercancels a lease 23.32 or tenancy and grants restitution of that portion of the 23.33 premises to the owner; and 23.34 (b) further finds that the acts constituting the nuisance 23.35 as defined in section 617.81, subdivision 2, were committed in a23.36 portion of the building under the control ofby the tenant or 24.1 lessee whose lease or tenancy has been canceled pursuant to this 24.2 section and the tenant or lessee was not committing the acts in 24.3 conjunction with or under the control of the owner. 24.4 Sec. 35. Minnesota Statutes 1994, section 624.731, 24.5 subdivision 1, is amended to read: 24.6 Subdivision 1. [DEFINITIONS.] For the purposes of this 24.7 section: 24.8 (a) "authorized tear gas compound" means a lachrymator or 24.9 any substance composed of a mixture of a lachrymator including 24.10 chloroacetophenone, alpha-chloroacetophenone; 24.11 phenylchloromethylketone, orthochlorobenzalmalononitrile or 24.12 oleoresin capsicum, commonly known as tear gas; and 24.13 (b) "electronic incapacitation device" means a portable 24.14 device which is designed or intended by the manufacturer to be 24.15 used, offensively or defensively, to temporarily immobilize or 24.16 incapacitate persons by means of electric pulse or current, 24.17 including devices operating by means of carbon dioxide 24.18 propellant. "Electronic incapacitation device" does not include 24.19 cattle prods, electric fences, or other electric devices which24.20 arewhen used in agricultural, animal husbandry, or food 24.21 production activities. 24.22 Sec. 36. Minnesota Statutes 1994, section 624.731, 24.23 subdivision 8, is amended to read: 24.24 Subd. 8. [PENALTIES.] (a) The following violations of this 24.25 section shall be considered a felony: 24.26 (1) The possession or use of tear gas, a tear gas compound, 24.27 an authorized tear gas compound, or an electronic incapacitation 24.28 device by a person specified in subdivision 3, paragraph (b). 24.29 (2) Knowingly selling or furnishing of tear gas, a tear gas 24.30 compound, an authorized tear gas compound, or an electronic 24.31 incapacitation device to a person specified in subdivision 3, 24.32 paragraph (b). 24.33 (3) The use of an electronic incapacitation device as 24.34 prohibited in subdivision 4, paragraph (a). 24.35 (4) The use of tear gas or a tear gas compound as 24.36 prohibited in subdivision 4, paragraph (d). 25.1 (b) The following violation of this section shall be 25.2 considered a gross misdemeanor: (1) The prohibited use of tear 25.3 gas, a tear gas compound, or an authorized tear gas compound as 25.4 specified in subdivision 4, paragraph (a); (2) the use of an 25.5 electronic incapacitation device except as allowed by 25.6 subdivision 2 or 6. 25.7 (c) The following violations of this section shall be 25.8 considered a misdemeanor: 25.9 (1) The possession or use of tear gas, a tear gas compound, 25.10 an authorized tear gas compound, or an electronic incapacitation 25.11 device which fails to meet the requirements of subdivision 2 by 25.12 any person except as allowed by subdivision 6. 25.13 (2) The possession or use of an authorized tear gas 25.14 compound or an electronic incapacitation device by a person 25.15 specified in subdivision 3, paragraph (a) or (c). 25.16 (3) The use of tear gas, a tear gas compound, or an 25.17 authorized tear gas compound , or an electronic incapacitation25.18 deviceexcept as allowed by subdivision 2 or 6. 25.19 (4) Knowingly selling or furnishing an authorized tear gas 25.20 compound or an electronic incapacitation device to a person 25.21 specified in subdivision 3, paragraph (a) or (c). 25.22 (5) Selling or furnishing of tear gas or a tear gas 25.23 compound other than an authorized tear gas compound to any 25.24 person except as allowed by subdivision 6. 25.25 (6) Selling or furnishing of an authorized tear gas 25.26 compound or an electronic incapacitation device on premises 25.27 where intoxicating liquor is sold on an on-sale or off-sale 25.28 basis or where 3.2 percent malt liquor is sold on an on-sale 25.29 basis. 25.30 (7) Selling an authorized tear gas compound or an 25.31 electronic incapacitation device in violation of local licensing 25.32 requirements. 25.33 Sec. 37. Minnesota Statutes 1994, section 626.13, is 25.34 amended to read: 25.35 626.13 [SERVICE; PERSONS MAKING.] 25.36 A search warrant may in all cases be served anywhere within 26.1 the issuing judge's county by any of the officers mentioned in 26.2 its directions, but by no other person, except in aid of the 26.3 officer on the officer's requiring it, the officer being present 26.4 and acting in its execution. If the warrant is to be served by 26.5 an agent of the bureau of criminal apprehension, an agent of the 26.6 division of gambling enforcement, a state patrol trooper, or a 26.7 conservation officer, the agent, state patrol trooper, or 26.8 conservation officer shall notify the chief of police of an 26.9 organized full-time police department of the municipality or, if 26.10 there is no such local chief of police, the sheriff or a deputy 26.11 sheriff of the county in which service is to be made prior to 26.12 execution. 26.13 Sec. 38. Minnesota Statutes 1994, section 626.53, is 26.14 amended to read: 26.15 626.53 [REPORT BY TELEPHONE AND LETTER.] 26.16 Subdivision 1. [REPORTS TO SHERIFFS AND POLICE CHIEFS.] 26.17 The report required by section 626.52, subdivision 2, shall be 26.18 made forthwith by telephone or in person, and shall be promptly 26.19 supplemented by letter, enclosed in a securely sealed, postpaid 26.20 envelope, addressed to the sheriff of the county in which the 26.21 wound is examined, dressed, or otherwise treated; except that, 26.22 if the place in which the patient is treated for such injury or 26.23 the patient's wound dressed or bandaged be in a city of the 26.24 first, second, or third class, such report shall be made and 26.25 transmitted as herein provided to the chief of police of such 26.26 city instead of the sheriff. Except as otherwise provided in 26.27 subdivision 2, the office of any such sheriff and of any such 26.28 chief of police shall keep the report as a confidential 26.29 communication and shall not disclose the name of the person 26.30 making the same, and the party making the report shall not by 26.31 reason thereof be subpoenaed, examined, or forced to testify in 26.32 court as a consequence of having made such a report. 26.33 Subd. 2. [REPORTS TO DEPARTMENT OF HEALTH.] Upon receiving 26.34 a report of a wound caused by or arising from the discharge of a 26.35 firearm, the sheriff or chief of police shall forward the 26.36 information contained in the report to the commissioner of 27.1 health. The commissioner of health shall keep the report as a 27.2 confidential communication, as provided under subdivision 1. 27.3 The commissioner shall maintain a statewide, computerized record 27.4 system containing summary data, as defined in section 13.02, on 27.5 information received under this subdivision. 27.6 Sec. 39. Minnesota Statutes 1994, section 629.715, 27.7 subdivision 1, is amended to read: 27.8 Subdivision 1. [JUDICIAL REVIEW; RELEASE.] (a) When a 27.9 person is arrested for a crime against the person, the judge 27.10 before whom the arrested person is taken shall review the facts 27.11 surrounding the arrest and detention. If the person was 27.12 arrested or detained for committing a crime of violence, as 27.13 defined in section 629.725, the prosecutor or other appropriate 27.14 person shall present relevant information involving the victim 27.15 or the victim's family's account of the alleged crime to the 27.16 judge to be considered in determining the arrested person's 27.17 release. The arrested person must be ordered released pending 27.18 trial or hearing on the person's personal recognizance or on an 27.19 order to appear or upon the execution of an unsecured bond in a 27.20 specified amount unless the judge determines that release (1) 27.21 will be inimical to public safety, (2) will create a threat of 27.22 bodily harm to the arrested person, the victim of the alleged 27.23 crime, or another, or (3) will not reasonably assure the 27.24 appearance of the arrested person at subsequent proceedings. 27.25 (b) If the judge determines release under paragraph (a) is 27.26 not advisable, the judge may impose any conditions of release 27.27 that will reasonably assure the appearance of the person for 27.28 subsequent proceedings, or will protect the victim of the 27.29 alleged crime, or may fix the amount of money bail without other 27.30 conditions upon which the arrested person may obtain release. 27.31 Sec. 40. [629.725] [NOTICE TO CRIME VICTIM REGARDING BAIL 27.32 HEARING OF ARRESTED OR DETAINED PERSON.] 27.33 When a person arrested or a juvenile detained for a crime 27.34 of violence or an attempted crime of violence is scheduled to be 27.35 reviewed under section 629.715 for release from pretrial 27.36 detention, the court shall make a reasonable and good faith 28.1 effort to notify the victim of the alleged crime. If the victim 28.2 is incapacitated or deceased, notice must be given to the 28.3 victim's family. If the victim is a minor, notice must be given 28.4 to the victim's parent or guardian. The notification must 28.5 include: 28.6 (1) the date and approximate time of the review; 28.7 (2) the location where the review will occur; 28.8 (3) the name and telephone number of a person that can be 28.9 contacted for additional information; and 28.10 (4) a statement that the victim and the victim's family may 28.11 attend the review. 28.12 As used in this section, "crime of violence" has the 28.13 meaning given it in section 624.712, subdivision 5, and also 28.14 includes gross misdemeanor violations of section 609.224, and 28.15 nonfelony violations of sections 518B.01, 609.2231, 609.3451, 28.16 609.748, and 609.749. 28.17 Sec. 41. [629.735] [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY 28.18 REGARDING RELEASE OF ARRESTED OR DETAINED PERSON.] 28.19 When a person arrested or a juvenile detained for a crime 28.20 of violence or an attempted crime of violence is about to be 28.21 released from pretrial detention, the agency having custody of 28.22 the arrested or detained person or its designee shall make a 28.23 reasonable and good faith effort before release to inform any 28.24 local law enforcement agencies known to be involved in the case, 28.25 if different from the agency having custody, of the following 28.26 matters: 28.27 (1) the conditions of release, if any; 28.28 (2) the time of release; and 28.29 (3) the time, date, and place of the next scheduled court 28.30 appearance of the arrested or detained person. 28.31 Sec. 42. [REPEALER.] 28.32 Minnesota Statutes 1994, section 617.81, subdivisions 2a 28.33 and 3, are repealed. 28.34 Sec. 43. [EFFECTIVE DATES.] 28.35 Sections 1 to 6 and 9 to 42 are effective August 1, 1995, 28.36 and apply to crimes committed on or after that date. 29.1 Sections 7 (343.235) and 8 (343.29) are effective the day 29.2 following final enactment.