SF 435

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; classifying name changes 
  1.3             of protected witnesses as private data; expanding the 
  1.4             crime of witness tampering; amending Minnesota 
  1.5             Statutes 1994, sections 13.99, by adding a 
  1.6             subdivision; 144.218, subdivision 4; 259.10; and 
  1.7             609.498, subdivision 1. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1994, section 13.99, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 76a.  [NAME CHANGES OF PROTECTED WITNESSES AND 
  1.12  VICTIMS.] Court records of name changes of participants in a 
  1.13  witness and victim protection program are governed by section 
  1.14  259.10, subdivision 2. 
  1.15     Sec. 2.  Minnesota Statutes 1994, section 144.218, 
  1.16  subdivision 4, is amended to read: 
  1.17     Subd. 4.  [INCOMPLETE AND, INCORRECT, AND MODIFIED 
  1.18  CERTIFICATES.] If a court finds that a birth certificate is 
  1.19  incomplete, inaccurate or false, or if it is being issued 
  1.20  pursuant to section 259.10, subdivision 2, it may order the 
  1.21  registration of a new certificate, and shall, if necessary, set 
  1.22  forth the correct information in the order.  Upon receipt of the 
  1.23  order the state registrar shall register a new certificate 
  1.24  containing the findings of the court, and the prior certificate 
  1.25  shall be confidential pursuant to section 13.02, subdivision 3, 
  1.26  and shall not be disclosed except pursuant to court order. 
  2.1      Sec. 3.  Minnesota Statutes 1994, section 259.10, is 
  2.2   amended to read: 
  2.3      259.10 [PROCEDURE GENERAL REQUIREMENTS.] 
  2.4      Subdivision 1.  [PROCEDURE.] A person who shall have 
  2.5   resided in this state for six months may apply to the district 
  2.6   court in the county where the person resides to change the 
  2.7   person's name, the names of minor children, if any, and the name 
  2.8   of a spouse, if the spouse joins in the application, in the 
  2.9   manner herein specified.  The person shall state in the 
  2.10  application the name and age of the spouse and each of the 
  2.11  children, if any, and shall describe all lands in the state in 
  2.12  or upon which the person, the children and the spouse if their 
  2.13  names are also to be changed by the application, claim any 
  2.14  interest or lien, and shall appear personally before the court 
  2.15  and prove identity by at least two witnesses.  If the person be 
  2.16  a minor, the application shall be made by the person's guardian 
  2.17  or next of kin.  The court shall accept the certificate of 
  2.18  dissolution prepared pursuant to section 518.148 as conclusive 
  2.19  evidence of the facts recited in the certificate and may not 
  2.20  require the person to provide the court a copy of the judgment 
  2.21  and decree of dissolution.  Every person who, with intent to 
  2.22  defraud, shall make a false statement in any such application 
  2.23  shall be guilty of a misdemeanor provided, however, that no 
  2.24  minor child's name may be changed without both parents having 
  2.25  notice of the pending of the application for change of name, 
  2.26  whenever practicable, as determined by the court. 
  2.27     Subd. 2.  [WITNESS AND VICTIM PROTECTION NAME CHANGES; 
  2.28  PRIVATE DATA.] If the court determines that the name change for 
  2.29  an individual is made in connection with the individual's 
  2.30  participation in a witness and victim protection program, the 
  2.31  court shall order that the court records of the name change are 
  2.32  not accessible to the public; except that they may be released, 
  2.33  upon request, to a law enforcement agency or probation officer 
  2.34  conducting a lawful investigation.  The existence of an 
  2.35  application for a name change described in this subdivision may 
  2.36  not be disclosed except to a law enforcement agency conducting a 
  3.1   lawful investigation. 
  3.2      Sec. 4.  Minnesota Statutes 1994, section 609.498, 
  3.3   subdivision 1, is amended to read: 
  3.4      Subdivision 1.  [TAMPERING WITH A WITNESS IN THE FIRST 
  3.5   DEGREE.] Whoever does any of the following is guilty of 
  3.6   tampering with a witness in the first degree and may be 
  3.7   sentenced as provided in subdivision 1a:  
  3.8      (a) intentionally prevents or dissuades or intentionally 
  3.9   attempts to prevent or dissuade by means of force or threats of 
  3.10  injury to any person or property, a person who is or may become 
  3.11  a witness from attending or testifying at any trial, proceeding, 
  3.12  or inquiry authorized by law; 
  3.13     (b) by means of force or threats of injury to any person or 
  3.14  property, intentionally coerces or attempts to coerce a person 
  3.15  who is or may become a witness to testify falsely at any trial, 
  3.16  proceeding, or inquiry authorized by law; 
  3.17     (c) intentionally causes injury or threatens to cause 
  3.18  injury to any person or property in retaliation against a person 
  3.19  who was summoned as a witness at any trial, proceeding, or 
  3.20  inquiry authorized by law, within a year following that trial, 
  3.21  proceeding, or inquiry or within a year following the actor's 
  3.22  release from incarceration, whichever is later; 
  3.23     (d) intentionally prevents or dissuades or attempts to 
  3.24  prevent or dissuade, by means of force or threats of injury to 
  3.25  any person or property, a person from providing information to 
  3.26  law enforcement authorities concerning a crime; 
  3.27     (e) by means of force or threats of injury to any person or 
  3.28  property, intentionally coerces or attempts to coerce a person 
  3.29  to provide false information concerning a crime to law 
  3.30  enforcement authorities; or 
  3.31     (f) intentionally causes injury or threatens to cause 
  3.32  injury to any person or property in retaliation against a person 
  3.33  who has provided information to law enforcement authorities 
  3.34  concerning a crime within a year of that person providing the 
  3.35  information or within a year of the actor's release from 
  3.36  incarceration, whichever is later.  
  4.1      Sec. 5.  [EFFECTIVE DATE.] 
  4.2      This act is effective July 1, 1995.  Section 4 applies to 
  4.3   crimes committed on or after that date.