SF 882

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; expanding the scope of the 
  1.3             patterned sex offender sentencing law; requiring 
  1.4             training for judges, prosecutors, peace officers, and 
  1.5             sex offender assessors on sentencing laws applicable 
  1.6             to repeat and patterned sex offenders; expanding the 
  1.7             interference with privacy crime to include persons who 
  1.8             intrude on the privacy of occupants of hotel sleeping 
  1.9             rooms and tanning booths; increasing penalties for 
  1.10            committing the crime of indecent exposure in the 
  1.11            presence of a child under the age of 16; clarifying 
  1.12            where service of a search warrant may be made; 
  1.13            expanding the authority of agents of a political 
  1.14            subdivision to carry firearms when on duty; tolling 
  1.15            the statute of limitations while physical evidence 
  1.16            relating to a crime is undergoing DNA analysis; 
  1.17            amending Minnesota Statutes 1994, sections 480.30; 
  1.18            609.1352, subdivisions 3, 5, and by adding a 
  1.19            subdivision; 609.341, subdivision 11; 609.485, 
  1.20            subdivisions 2 and 4; 609.746, subdivision 1; 617.23; 
  1.21            626.13; 626.84, subdivision 2; and 628.26; proposing 
  1.22            coding for new law in Minnesota Statutes, chapter 388. 
  1.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.24     Section 1.  [388.25] [SEX OFFENDER SENTENCING; TRAINING FOR 
  1.25  PROSECUTORS AND PEACE OFFICERS.] 
  1.26     The county attorneys association, in conjunction with the 
  1.27  attorney general's office and the bureau of criminal 
  1.28  apprehension, shall conduct an annual training course for 
  1.29  prosecutors, public defenders, and peace officers on the 
  1.30  specific sentencing statutes and sentencing guidelines 
  1.31  applicable to persons convicted of sex offenses and crimes that 
  1.32  are sexually motivated.  The training shall focus on the 
  1.33  sentencing provisions applicable to repeat sex offenders and 
  1.34  patterned sex offenders.  The course may be combined with other 
  2.1   training conducted by the county attorneys association or other 
  2.2   groups. 
  2.3      Sec. 2.  Minnesota Statutes 1994, section 480.30, is 
  2.4   amended to read: 
  2.5      480.30 [JUDICIAL TRAINING.] 
  2.6      Subdivision 1.  [CHILD ABUSE; DOMESTIC ABUSE; HARASSMENT.] 
  2.7   The supreme court's judicial education program must include 
  2.8   ongoing training for district court judges on child and 
  2.9   adolescent sexual abuse, domestic abuse, harassment, stalking, 
  2.10  and related civil and criminal court issues.  The program must 
  2.11  include information about the specific needs of victims.  The 
  2.12  program must include education on the causes of sexual abuse and 
  2.13  family violence and culturally responsive approaches to serving 
  2.14  victims.  The program must emphasize the need for the 
  2.15  coordination of court and legal victim advocacy services and 
  2.16  include education on sexual abuse and domestic abuse programs 
  2.17  and policies within law enforcement agencies and prosecuting 
  2.18  authorities as well as the court system.  
  2.19     Subd. 2.  [SEXUAL VIOLENCE.] The supreme court's judicial 
  2.20  education program must include ongoing training for judges, 
  2.21  judicial officers, court services personnel, and sex offender 
  2.22  assessors on the specific sentencing statutes and sentencing 
  2.23  guidelines applicable to persons convicted of sex offenses and 
  2.24  other crimes that are sexually motivated.  The training shall 
  2.25  focus on the sentencing provisions applicable to repeat sex 
  2.26  offenders and patterned sex offenders.  
  2.27     Subd. 3.  [BAIL EVALUATIONS.] The supreme court's judicial 
  2.28  education program also must include training for judges, 
  2.29  judicial officers, and court services personnel on how to assure 
  2.30  that their bail evaluations and decisions are racially and 
  2.31  culturally neutral. 
  2.32     Sec. 3.  Minnesota Statutes 1994, section 609.1352, is 
  2.33  amended by adding a subdivision to read: 
  2.34     Subd. 1a.  [STATUTORY MAXIMUMS LENGTHENED.] If the 
  2.35  factfinder determines, at the time of the trial or the guilty 
  2.36  plea, that a predatory offense was motivated by, committed in 
  3.1   the course of, or committed in furtherance of sexual contact or 
  3.2   penetration, as defined in section 609.341, and the court is 
  3.3   imposing a sentence under subdivision 1, the statutory maximum 
  3.4   imprisonment penalty for the offense is 40 years, 
  3.5   notwithstanding the statutory maximum imprisonment penalty 
  3.6   otherwise provided for the offense. 
  3.7      Sec. 4.  Minnesota Statutes 1994, section 609.1352, 
  3.8   subdivision 3, is amended to read: 
  3.9      Subd. 3.  [DANGER TO PUBLIC SAFETY.] The court shall base 
  3.10  its finding that the offender is a danger to public safety on 
  3.11  either any of the following factors: 
  3.12     (1) the crime involved an aggravating factor that would 
  3.13  justify a durational departure from the presumptive sentence 
  3.14  under the sentencing guidelines; or 
  3.15     (2) the offender previously committed or attempted to 
  3.16  commit a predatory crime or a violation of section 609.224, 
  3.17  including:  (i) an offense committed as a juvenile that would 
  3.18  have been a predatory crime or a violation of section 609.224 if 
  3.19  committed by an adult; or (ii) a violation or attempted 
  3.20  violation of a similar law of any other state or the United 
  3.21  States; or 
  3.22     (3) the offender planned or prepared for the crime prior to 
  3.23  its commission. 
  3.24     Sec. 5.  Minnesota Statutes 1994, section 609.1352, 
  3.25  subdivision 5, is amended to read: 
  3.26     Subd. 5.  [CONDITIONAL RELEASE.] At the time of sentencing 
  3.27  under subdivision 1, the court shall provide that after the 
  3.28  offender has completed the sentence imposed, less any good time 
  3.29  earned by an offender whose crime was committed before August 1, 
  3.30  1993, the commissioner of corrections shall place the offender 
  3.31  on conditional release for the remainder of the statutory 
  3.32  maximum period or for ten years, whichever is longer. 
  3.33     The conditions of release may include successful completion 
  3.34  of treatment and aftercare in a program approved by the 
  3.35  commissioner, satisfaction of the release conditions specified 
  3.36  in section 244.05, subdivision 6, and any other conditions the 
  4.1   commissioner considers appropriate.  Before the offender is 
  4.2   released, the commissioner shall notify the sentencing court, 
  4.3   the prosecutor in the jurisdiction where the offender was 
  4.4   sentenced and the victim of the offender's crime, where 
  4.5   available, of the terms of the offender's conditional release.  
  4.6   If the offender fails to meet any condition of release, the 
  4.7   commissioner may revoke the offender's conditional release and 
  4.8   order that the offender serve all or a part of the remaining 
  4.9   portion of the conditional release term in prison.  The 
  4.10  commissioner shall not dismiss the offender from supervision 
  4.11  before the conditional release term expires. 
  4.12     Conditional release granted under this subdivision is 
  4.13  governed by provisions relating to supervised release, except as 
  4.14  otherwise provided in this subdivision, section 244.04, 
  4.15  subdivision 1, or 244.05. 
  4.16     Sec. 6.  Minnesota Statutes 1994, section 609.341, 
  4.17  subdivision 11, is amended to read: 
  4.18     Subd. 11.  (a) "Sexual contact," for the purposes of 
  4.19  sections 609.343, subdivision 1, clauses (a) to (f), and 
  4.20  609.345, subdivision 1, clauses (a) to (e), and (h) to (k) (l), 
  4.21  includes any of the following acts committed without the 
  4.22  complainant's consent, except in those cases where consent is 
  4.23  not a defense, and committed with sexual or aggressive intent: 
  4.24     (i) the intentional touching by the actor of the 
  4.25  complainant's intimate parts, or 
  4.26     (ii) the touching by the complainant of the actor's, the 
  4.27  complainant's, or another's intimate parts effected by coercion 
  4.28  or the use of a position of authority, or by inducement if the 
  4.29  complainant is under 13 years of age or mentally impaired, or 
  4.30     (iii) the touching by another of the complainant's intimate 
  4.31  parts effected by coercion or the use of a position of 
  4.32  authority, or 
  4.33     (iv) in any of the cases above, the touching of the 
  4.34  clothing covering the immediate area of the intimate parts. 
  4.35     (b) "Sexual contact," for the purposes of sections 609.343, 
  4.36  subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
  5.1   clauses (f) and (g), includes any of the following acts 
  5.2   committed with sexual or aggressive intent: 
  5.3      (i) the intentional touching by the actor of the 
  5.4   complainant's intimate parts; 
  5.5      (ii) the touching by the complainant of the actor's, the 
  5.6   complainant's, or another's intimate parts; 
  5.7      (iii) the touching by another of the complainant's intimate 
  5.8   parts; or 
  5.9      (iv) in any of the cases listed above, touching of the 
  5.10  clothing covering the immediate area of the intimate parts. 
  5.11     (c) "Sexual contact with a person under 13" means the 
  5.12  intentional touching of the complainant's bare genitals or anal 
  5.13  opening by the actor's bare genitals or anal opening with sexual 
  5.14  or aggressive intent or the touching by the complainant's bare 
  5.15  genitals or anal opening of the actor's or another's bare 
  5.16  genitals or anal opening with sexual or aggressive intent. 
  5.17     Sec. 7.  Minnesota Statutes 1994, section 609.485, 
  5.18  subdivision 2, is amended to read: 
  5.19     Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
  5.20  following may be sentenced as provided in subdivision 4: 
  5.21     (1) escapes while held in lawful custody on a charge or 
  5.22  conviction of a crime, or while held in lawful custody on an 
  5.23  allegation or adjudication of a delinquent act while 18 years of 
  5.24  age; 
  5.25     (2) transfers to another, who is in lawful custody on a 
  5.26  charge or conviction of a crime, or introduces into an 
  5.27  institution in which the latter is confined, anything usable in 
  5.28  making such escape, with intent that it shall be so used; 
  5.29     (3) having another in lawful custody on a charge or 
  5.30  conviction of a crime, intentionally permits the other to 
  5.31  escape; or 
  5.32     (4) escapes while in a facility designated under section 
  5.33  253B.18, subdivision 1, pursuant to a court commitment order 
  5.34  after a finding of not guilty by reason of mental illness or 
  5.35  mental deficiency of a crime against the person, as defined in 
  5.36  section 253B.02, subdivision 4a.  Notwithstanding section 
  6.1   609.17, no person may be charged with or convicted of an attempt 
  6.2   to commit a violation of this clause; or 
  6.3      (5) escapes while in a facility designated under section 
  6.4   253B.18, subdivision 1, pursuant to a court commitment order 
  6.5   under rule 20 of the Rules of Criminal Procedure, or as a sexual 
  6.6   psychopathic personality as defined in section 253B.02, 
  6.7   subdivision 18a, or as a sexually dangerous person as defined in 
  6.8   section 253B.02, subdivision 18b, or as mentally ill and 
  6.9   dangerous to the public as defined in section 253B.02, 
  6.10  subdivision 17. 
  6.11     For purposes of clause (1), "escapes while held in lawful 
  6.12  custody" includes absconding from electronic monitoring or 
  6.13  absconding after removing an electronic monitoring device from 
  6.14  the person's body. 
  6.15     Sec. 8.  Minnesota Statutes 1994, section 609.485, 
  6.16  subdivision 4, is amended to read: 
  6.17     Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
  6.18  subdivision 3a, whoever violates this section may be sentenced 
  6.19  as follows: 
  6.20     (1) if the person who escapes is in lawful custody on a 
  6.21  charge or conviction of a felony, to imprisonment for not more 
  6.22  than five years or to payment of a fine of not more than 
  6.23  $10,000, or both; 
  6.24     (2) if the person who escapes is in lawful custody after a 
  6.25  finding of not guilty by reason of mental illness or mental 
  6.26  deficiency of a crime against the person, as defined in section 
  6.27  253B.02, subdivision 4a, or pursuant to an order under rule 20 
  6.28  of the Rules Of Criminal Procedure, or as a sexual psychopathic 
  6.29  personality as defined in section 253B.02, subdivision 18a, or 
  6.30  as a sexually dangerous person as defined in section 253B.02, 
  6.31  subdivision 18b, or as mentally ill and dangerous to the public 
  6.32  as defined in section 253B.02, subdivision 17, to imprisonment 
  6.33  for not more than one year and one day or to payment of a fine 
  6.34  of not more than $3,000, or both; or 
  6.35     (3) if such charge or conviction is for a gross misdemeanor 
  6.36  or misdemeanor, or if the person who escapes is in lawful 
  7.1   custody on an allegation or adjudication of a delinquent act 
  7.2   while 18 years of age, to imprisonment for not more than one 
  7.3   year or to payment of a fine of not more than $3,000, or both.  
  7.4      (b) If the escape was a violation of subdivision 2, clause 
  7.5   (1), (2), or (3), and was effected by violence or threat of 
  7.6   violence against a person, the sentence may be increased to not 
  7.7   more than twice those permitted in paragraph (a), clauses (1) 
  7.8   and (3). 
  7.9      (c) Unless a concurrent term is specified by the court, a 
  7.10  sentence under this section shall be consecutive to any sentence 
  7.11  previously imposed or which may be imposed for any crime or 
  7.12  offense for which the person was in custody when the person 
  7.13  escaped. 
  7.14     (d) Notwithstanding paragraph (c), if a person who was 
  7.15  committed to the commissioner of corrections under section 
  7.16  260.185 escapes from the custody of the commissioner while 18 
  7.17  years of age, the person's sentence under this section shall 
  7.18  commence on the person's 19th birthday or on the person's date 
  7.19  of discharge by the commissioner of corrections, whichever 
  7.20  occurs first.  However, if the person described in this clause 
  7.21  is convicted under this section after becoming 19 years old and 
  7.22  after having been discharged by the commissioner, the person's 
  7.23  sentence shall commence upon imposition by the sentencing court. 
  7.24     (e) Notwithstanding paragraph (c), if a person who is in 
  7.25  lawful custody on an allegation or adjudication of a delinquent 
  7.26  act while 18 years of age escapes from a local juvenile 
  7.27  correctional facility, the person's sentence under this section 
  7.28  begins on the person's 19th birthday or on the person's date of 
  7.29  discharge from the jurisdiction of the juvenile court, whichever 
  7.30  occurs first.  However, if the person described in this 
  7.31  paragraph is convicted after becoming 19 years old and after 
  7.32  discharge from the jurisdiction of the juvenile court, the 
  7.33  person's sentence begins upon imposition by the sentencing court.
  7.34     Sec. 9.  Minnesota Statutes 1994, section 609.746, 
  7.35  subdivision 1, is amended to read: 
  7.36     Subdivision 1.  [SURREPTITIOUS INTRUSION; OBSERVATION 
  8.1   DEVICE.] (a) A person is guilty of a misdemeanor who: 
  8.2      (1) enters upon another's property; 
  8.3      (2) surreptitiously gazes, stares, or peeps in the window 
  8.4   or any other aperture of a house or place of dwelling of 
  8.5   another; and 
  8.6      (3) does so with intent to intrude upon or interfere with 
  8.7   the privacy of a member of the household. 
  8.8      (b) A person is guilty of a misdemeanor who: 
  8.9      (1) enters upon another's property; 
  8.10     (2) surreptitiously installs or uses any device for 
  8.11  observing, photographing, recording, amplifying, or broadcasting 
  8.12  sounds or events through the window or any other aperture of a 
  8.13  house or place of dwelling of another; and 
  8.14     (3) does so with intent to intrude upon or interfere with 
  8.15  the privacy of a member of the household. 
  8.16     (c) A person is guilty of a misdemeanor who: 
  8.17     (1) surreptitiously gazes, stares, or peeps in the window 
  8.18  or other aperture of a hotel sleeping room or tanning booth 
  8.19  occupied by another; and 
  8.20     (2) does so with intent to intrude upon or interfere with 
  8.21  the privacy of an occupant of the hotel sleeping room or tanning 
  8.22  booth. 
  8.23     (d) A person is guilty of a misdemeanor who: 
  8.24     (1) surreptitiously installs or uses any device for 
  8.25  observing, photographing, recording, amplifying, or broadcasting 
  8.26  sounds or events through the window or other aperture of a hotel 
  8.27  sleeping room or tanning booth occupied by another; and 
  8.28     (2) does so with intent to intrude upon or interfere with 
  8.29  the privacy of an occupant of the hotel sleeping room or tanning 
  8.30  booth. 
  8.31     (e) A person is guilty of a gross misdemeanor if the person 
  8.32  violates this subdivision after a previous conviction under this 
  8.33  subdivision or section 609.749. 
  8.34     (d) Paragraph (b) does (f) Paragraphs (b) and (d) do not 
  8.35  apply to law enforcement officers or corrections investigators, 
  8.36  or to those acting under their direction, while engaged in the 
  9.1   performance of their lawful duties. 
  9.2      Sec. 10.  Minnesota Statutes 1994, section 617.23, is 
  9.3   amended to read: 
  9.4      617.23 [INDECENT EXPOSURE; PENALTIES.] 
  9.5      Every (a) A person is guilty of a misdemeanor who 
  9.6   shall in any public place, or in any place where others are 
  9.7   present:  
  9.8      (1) willfully and lewdly expose exposes the person's body, 
  9.9   or the private parts thereof, in any public place, or in any 
  9.10  place where others are present, or shall procure; 
  9.11     (2) procures another to expose private parts, and every 
  9.12  person who shall be guilty of; or 
  9.13     (3) engages in any open or gross lewdness or lascivious 
  9.14  behavior, or any public indecency other than hereinbefore 
  9.15  behavior specified, shall be guilty of a misdemeanor in clause 
  9.16  (1) or (2) or this clause. 
  9.17     (b) A person is guilty of a gross misdemeanor if: 
  9.18     (1) the person violates this section in the presence of a 
  9.19  minor under the age of 16; or 
  9.20     (2) the person violates this section after having been 
  9.21  previously convicted of violating this section, sections 609.342 
  9.22  to 609.3451, or a statute from another state in conformity with 
  9.23  any of those sections. 
  9.24     Sec. 11.  Minnesota Statutes 1994, section 626.13, is 
  9.25  amended to read: 
  9.26     626.13 [SERVICE; PERSONS MAKING.] 
  9.27     A search warrant may in all cases be served anywhere within 
  9.28  the issuing judge's county by any of the officers mentioned in 
  9.29  its directions, but by no other person, except in aid of the 
  9.30  officer on the officer's requiring it, the officer being present 
  9.31  and acting in its execution.  If the warrant is to be served by 
  9.32  an agent of the bureau of criminal apprehension, an agent of the 
  9.33  division of gambling enforcement, a state patrol trooper, or a 
  9.34  conservation officer, the agent, state patrol trooper, or 
  9.35  conservation officer shall notify the chief of police of an 
  9.36  organized full-time police department of the municipality or, if 
 10.1   there is no such local chief of police, the sheriff or a deputy 
 10.2   sheriff of the county in which service is to be made prior to 
 10.3   execution. 
 10.4      Sec. 12.  Minnesota Statutes 1994, section 626.84, 
 10.5   subdivision 2, is amended to read: 
 10.6      Subd. 2.  [SCOPE.] Notwithstanding sections 12.03, 
 10.7   subdivision 4, 12.25, or any other law to the contrary, no 
 10.8   individual employed or acting as an agent of any political 
 10.9   subdivision shall be authorized to carry a firearm when on duty 
 10.10  unless the individual: 
 10.11     (1) has been licensed under sections 626.84 to 626.863; or 
 10.12     (2) has served in Minnesota as a peace officer, meets the 
 10.13  current peace officer firearms training requirements, and serves 
 10.14  as an investigator in a felony prosecution office. 
 10.15  Nothing herein shall be construed as requiring licensure of a 
 10.16  security guard as that term is defined in section 626.88, 
 10.17  subdivision 1, clause (c). 
 10.18     Sec. 13.  Minnesota Statutes 1994, section 628.26, is 
 10.19  amended to read: 
 10.20     628.26 [LIMITATIONS.] 
 10.21     (a) Indictments or complaints for murder may be found or 
 10.22  made at any time after the death of the person killed.  
 10.23     (b) Indictments or complaints for violation of section 
 10.24  609.42, subdivision 1, clause (1) or (2), shall be found or made 
 10.25  and filed in the proper court within six years after the 
 10.26  commission of the offense.  
 10.27     (c) Indictments or complaints for violation of sections 
 10.28  609.342 to 609.345 if the victim was under the age of 18 years 
 10.29  at the time the offense was committed, shall be found or made 
 10.30  and filed in the proper court within seven years after the 
 10.31  commission of the offense or, if the victim failed to report the 
 10.32  offense within this limitation period, within three years after 
 10.33  the offense was reported to law enforcement authorities. 
 10.34     (d) Indictments or complaints for violation of sections 
 10.35  609.342 to 609.344 if the victim was 18 years old or older at 
 10.36  the time the offense was committed, shall be found or made and 
 11.1   filed in the proper court within seven years after the 
 11.2   commission of the offense. 
 11.3      (e) Indictments or complaints for violation of sections 
 11.4   609.466 and 609.52, subdivision 2, clause (3)(c) shall be found 
 11.5   or made and filed in the proper court within six years after the 
 11.6   commission of the offense. 
 11.7      (f) Indictments or complaints for violation of section 
 11.8   609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
 11.9   or (16), 609.631, or 609.821, where the value of the property or 
 11.10  services stolen is more than $35,000, shall be found or made and 
 11.11  filed in the proper court within five years after the commission 
 11.12  of the offense. 
 11.13     (g) Except for violations relating to false material 
 11.14  statements, representations or omissions, indictments or 
 11.15  complaints for violations of section 609.671 shall be found or 
 11.16  made and filed in the proper court within five years after the 
 11.17  commission of the offense.  
 11.18     (h) Indictments or complaints for violation of sections 
 11.19  609.561 to 609.563, shall be found or made and filed in the 
 11.20  proper court within five years after the commission of the 
 11.21  offense. 
 11.22     (i) In all other cases, indictments or complaints shall be 
 11.23  found or made and filed in the proper court within three years 
 11.24  after the commission of the offense. 
 11.25     (j) The limitations periods contained in this section shall 
 11.26  exclude any period of time during which the defendant was not an 
 11.27  inhabitant of or usually resident within this state. 
 11.28     (k) The limitations periods contained in this section for 
 11.29  an offense shall not include any period during which the alleged 
 11.30  offender participated under a written agreement in a pretrial 
 11.31  diversion program relating to that offense. 
 11.32     (1) The limitations periods contained in this section shall 
 11.33  not include any period of time during which physical evidence 
 11.34  relating to the offense was undergoing DNA analysis, as defined 
 11.35  in section 299C.155, unless the defendant demonstrates that the 
 11.36  prosecuting or law enforcement agency purposefully delayed the 
 12.1   DNA analysis process in order to gain an unfair advantage. 
 12.2      Sec. 14.  [EFFECTIVE DATE.] 
 12.3      Sections 1 to 10 are effective August 1, 1995, and apply to 
 12.4   crimes committed on or after that date.  Section 13 is effective 
 12.5   August 1, 1995, and applies to crimes committed on or after that 
 12.6   date, and to crimes committed before that date if the 
 12.7   limitations period for the offense did not expire before August 
 12.8   1, 1995.