SF 960

2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to crime prevention; allowing aggregation of 
  1.3             certain prostitution offense prosecutions; requiring 
  1.4             the collection of information concerning certain types 
  1.5             of prostitution and requiring a report; modifying 
  1.6             provisions regulating vehicle forfeiture for offenses 
  1.7             related to prostitution and fleeing a peace officer; 
  1.8             requiring a report on the use of money collected from 
  1.9             penalty assessments imposed against individuals 
  1.10            committing certain prostitution crimes; clarifying 
  1.11            headnotes; providing that the penalty assessments be 
  1.12            appropriated to the commissioner of public safety; 
  1.13            amending Minnesota Statutes 2002, sections 609.322, by 
  1.14            adding a subdivision; 609.3241; 609.5913, subdivisions 
  1.15            3, 4.  
  1.16  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.17     Section 1.  Minnesota Statutes 2002, section 609.322, is 
  1.18  amended by adding a subdivision to read: 
  1.19     Subd. 1c.  [AGGREGATION OF CASES.] Acts by the defendant in 
  1.20  violation of any one or more of the provisions in this section 
  1.21  within any six-month period may be aggregated and the defendant 
  1.22  charged accordingly in applying the provisions of this section; 
  1.23  provided that when two or more offenses are committed by the 
  1.24  same person in two or more counties, the accused may be 
  1.25  prosecuted in any county in which one of the offenses was 
  1.26  committed for all of the offenses aggregated under this 
  1.27  paragraph.  
  1.28     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  1.29  and applies to crimes committed on or after that date. 
  1.30     Sec. 2.  Minnesota Statutes 2002, section 609.3241, is 
  2.1   amended to read: 
  2.2      609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
  2.3      When a court sentences an adult convicted of violating 
  2.4   section 609.322 or 609.324, while acting other than as a 
  2.5   prostitute, the court shall impose an assessment of not less 
  2.6   than $250 and not more than $500 for a violation of section 
  2.7   609.324, subdivision 2, or a misdemeanor violation of section 
  2.8   609.324, subdivision 3; otherwise the court shall impose an 
  2.9   assessment of not less than $500 and not more than $1,000.  The 
  2.10  mandatory minimum portion of the assessment is to be used for 
  2.11  the purposes described in section 626.558, subdivision 2a, and 
  2.12  is in addition to the surcharge required by section 357.021, 
  2.13  subdivision 6.  Any portion of the assessment imposed in excess 
  2.14  of the mandatory minimum amount shall be forwarded to the 
  2.15  general fund and is appropriated annually to the commissioner of 
  2.16  corrections public safety.  The commissioner, with the 
  2.17  assistance of the general crime victims advisory council, shall 
  2.18  use money received under this section for grants to agencies 
  2.19  that provide assistance to individuals who have stopped or wish 
  2.20  to stop engaging in prostitution.  Grant money may be used to 
  2.21  provide these individuals with medical care, child care, 
  2.22  temporary housing, and educational expenses. 
  2.23     [EFFECTIVE DATE.] This section is effective the day 
  2.24  following final enactment.  
  2.25     Sec. 3.  Minnesota Statutes 2002, section 609.5312, 
  2.26  subdivision 3, is amended to read: 
  2.27     Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
  2.28  (a) A motor vehicle is subject to forfeiture under this 
  2.29  subdivision if it was used to commit or facilitate, or used 
  2.30  during the commission of, a violation of section 609.324 or a 
  2.31  violation of a local ordinance substantially similar to section 
  2.32  609.324.  A motor vehicle is subject to forfeiture under this 
  2.33  subdivision only if the offense is established by proof of a 
  2.34  criminal conviction for the offense.  Except as otherwise 
  2.35  provided in this subdivision, a forfeiture under this 
  2.36  subdivision is governed by sections 609.531, 609.5312, and 
  3.1   609.5313. 
  3.2      (b) When a motor vehicle subject to forfeiture under this 
  3.3   subdivision is seized in advance of a judicial forfeiture order, 
  3.4   a hearing before a judge or referee must be held within 96 hours 
  3.5   of the seizure.  Notice of the hearing must be given to the 
  3.6   registered owner within 48 hours of the seizure.  The 
  3.7   prosecuting authority shall certify to the court, at or in 
  3.8   advance of the hearing, that it has filed or intends to file 
  3.9   charges against the alleged violator for violating section 
  3.10  609.324 or a local ordinance substantially similar to section 
  3.11  609.324.  After conducting the hearing, the court shall order 
  3.12  that the motor vehicle be returned to the owner if:  
  3.13     (1) the prosecutor has failed to make the certification 
  3.14  required by paragraph (b); 
  3.15     (2) the owner of the motor vehicle has demonstrated to the 
  3.16  court's satisfaction that the owner has a defense to the 
  3.17  forfeiture, including but not limited to the defenses contained 
  3.18  in subdivision 2; or 
  3.19     (3) the court determines that seizure of the vehicle 
  3.20  creates or would create an undue hardship for members of the 
  3.21  owner's family. 
  3.22     (c) If the defendant is acquitted or prostitution charges 
  3.23  against the defendant are dismissed, neither the owner nor the 
  3.24  defendant is responsible for paying any costs associated with 
  3.25  the seizure or storage of the vehicle. 
  3.26     (d) A vehicle leased or rented under section 168.27, 
  3.27  subdivision 4, for a period of 180 days or less is not subject 
  3.28  to forfeiture under this subdivision. 
  3.29     (e) For purposes of this subdivision, seizure occurs either:
  3.30     (1) at the date at which personal service of process upon 
  3.31  the registered owner is made; or 
  3.32     (2) at the date when the registered owner has been notified 
  3.33  by certified mail at the address listed in the Minnesota 
  3.34  Department of Public Safety computerized motor vehicle 
  3.35  registration records. 
  3.36     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  4.1   and applies to crimes committed on or after that date. 
  4.2      Sec. 4.  Minnesota Statutes 2002, section 609.5312, 
  4.3   subdivision 4, is amended to read: 
  4.4      Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
  4.5   (a) A motor vehicle is subject to forfeiture under this 
  4.6   subdivision if it was used to commit a violation of section 
  4.7   609.487 and endanger life or property.  A motor vehicle is 
  4.8   subject to forfeiture under this subdivision only if the offense 
  4.9   is established by proof of a criminal conviction for the 
  4.10  offense.  Except as otherwise provided in this subdivision, a 
  4.11  forfeiture under this subdivision is governed by sections 
  4.12  609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
  4.13     (b) When a motor vehicle subject to forfeiture under this 
  4.14  subdivision is seized in advance of a judicial forfeiture order, 
  4.15  a hearing before a judge or referee must be held within 96 hours 
  4.16  of the seizure.  Notice of the hearing must be given to the 
  4.17  registered owner within 48 hours of the seizure.  The 
  4.18  prosecuting authority shall certify to the court, at or in 
  4.19  advance of the hearing, that it has filed or intends to file 
  4.20  charges against the alleged violator for violating section 
  4.21  609.487.  After conducting the hearing, the court shall order 
  4.22  that the motor vehicle be returned to the owner if:  
  4.23     (1) the prosecutor has failed to make the certification 
  4.24  required by this paragraph; 
  4.25     (2) the owner of the motor vehicle has demonstrated to the 
  4.26  court's satisfaction that the owner has a defense to the 
  4.27  forfeiture, including but not limited to the defenses contained 
  4.28  in subdivision 2; or 
  4.29     (3) the court determines that seizure of the vehicle 
  4.30  creates or would create an undue hardship for members of the 
  4.31  owner's family. 
  4.32     (c) If the defendant is acquitted or the charges against 
  4.33  the defendant are dismissed, neither the owner nor the defendant 
  4.34  is responsible for paying any costs associated with the seizure 
  4.35  or storage of the vehicle. 
  4.36     (d) A vehicle leased or rented under section 168.27, 
  5.1   subdivision 4, for a period of 180 days or less is not subject 
  5.2   to forfeiture under this subdivision. 
  5.3      (e) A motor vehicle that is an off-road recreational 
  5.4   vehicle as defined in section 169A.03, subdivision 16, or a 
  5.5   motorboat as defined in section 169A.03, subdivision 13, is not 
  5.6   subject to paragraph (b). 
  5.7      (f) For purposes of this subdivision, seizure occurs either:
  5.8      (1) at the date at which personal service of process upon 
  5.9   the registered owner is made; or 
  5.10     (2) at the date when the registered owner has been notified 
  5.11  by certified mail at the address listed in the Minnesota 
  5.12  Department of Public Safety computerized motor vehicle 
  5.13  registration records.  
  5.14     [EFFECTIVE DATE.] This section is effective August 1, 2003, 
  5.15  and applies to crimes committed on or after that date. 
  5.16     Sec. 5.  [COLLECTION OF INFORMATION AND STUDY ON CERTAIN 
  5.17  PROSTITUTION CASES; REPORT.] 
  5.18     Subdivision 1.  [DEFINITIONS.] (a) The following terms have 
  5.19  the meanings given them. 
  5.20     (b) "Intermediate sanctions" has the meaning given in 
  5.21  Minnesota Statutes, section 609.135, subdivision 1, paragraph 
  5.22  (b). 
  5.23     (c) "Patron" has the meaning given in Minnesota Statutes, 
  5.24  section 609.321, subdivision 4. 
  5.25     (d) "Promotes the prostitution of an individual" has the 
  5.26  meaning given in Minnesota Statutes, section 609.321, 
  5.27  subdivision 7. 
  5.28     (e) "Prostitute" has the meaning given in Minnesota 
  5.29  Statutes, section 609.321, subdivision 8. 
  5.30     (f) "Prostitution crime" means a violation of Minnesota 
  5.31  Statutes, section 609.322 or 609.324. 
  5.32     Subd. 2.  [COLLECTION OF INFORMATION.] (a) The following 
  5.33  attorneys or their designees and the following law enforcement 
  5.34  representatives or their designees shall oversee the collection 
  5.35  of information on the investigation and prosecution of 
  5.36  prostitution crimes committed within the jurisdiction of each 
  6.1   individual's office, commencing January 1, 2002, and ending 
  6.2   December 31, 2002: 
  6.3      (1) the Hennepin county attorney; 
  6.4      (2) the Minneapolis city attorney; 
  6.5      (3) the Ramsey county attorney; 
  6.6      (4) the St. Paul city attorney; 
  6.7      (5) the Hennepin county sheriff; 
  6.8      (6) the chief of police of the Minneapolis police 
  6.9   department; 
  6.10     (7) the Ramsey county sheriff; and 
  6.11     (8) the chief of police of the St. Paul police department. 
  6.12     (b) The information collected under paragraph (a) must 
  6.13  include: 
  6.14     (1) information on the neighborhood and city where the 
  6.15  offense was committed or allegedly committed and information on 
  6.16  the neighborhood and city where the offender or alleged offender 
  6.17  resides; 
  6.18     (2) the number of calls to law enforcement and the number 
  6.19  of complaints made directly to law enforcement regarding alleged 
  6.20  prostitution crimes; 
  6.21     (3) the number of arrests made for prostitution crimes and 
  6.22  a breakdown of the age, race, and gender of the individuals 
  6.23  arrested; 
  6.24     (4) the number of citations, tab charges, and complaints 
  6.25  issued for prostitution crimes; 
  6.26     (5) the types of charges filed in each case, if any, 
  6.27  including whether the person was acting as a patron, prostitute, 
  6.28  or promoting the prostitution of an individual; and 
  6.29     (6) the disposition of each case in which prosecution was 
  6.30  commenced, including the amount of any fine or penalty 
  6.31  assessment imposed; the incarceration imposed on the offender, 
  6.32  if any; the intermediate sanctions, if relevant, or conditions 
  6.33  of probation imposed on the offender, if any; and whether the 
  6.34  offender was referred to a restorative justice program, 
  6.35  diversion program, or alternative sentencing program. 
  6.36     Subd. 3.  [PREPARATION OF SUMMARY AND REPORT.] The law 
  7.1   enforcement authorities specified in subdivision 2, paragraph 
  7.2   (a), shall provide the information required by subdivision 2, 
  7.3   paragraph (b), to the prosecuting authorities in their 
  7.4   jurisdictions by August 15, 2003.  The prosecuting authorities 
  7.5   specified in subdivision 2, paragraph (a), shall cooperate in 
  7.6   preparing a summary of the information collected under 
  7.7   subdivision 2, paragraph (b), and in preparing a report for the 
  7.8   chairs and ranking minority members of the house and senate 
  7.9   committees and divisions with jurisdiction over criminal justice 
  7.10  policy and funding.  The report shall be provided to the 
  7.11  legislature and filed in the legislative reference library no 
  7.12  later than December 15, 2003. 
  7.13     [EFFECTIVE DATE.] This section is effective the day 
  7.14  following final enactment.  
  7.15     Sec. 6.  [REPORTS ON PENALTY ASSESSMENTS FOR PROSTITUTION 
  7.16  CRIMES.] 
  7.17     Subdivision 1.  [COMMISSIONER OF PUBLIC SAFETY; REPORT.] (a)
  7.18  By December 15, 2003, the commissioner of public safety shall 
  7.19  submit a report to the chairs and ranking minority members of 
  7.20  the house and senate committees and divisions with jurisdiction 
  7.21  over criminal justice policy and funding on the amount of money 
  7.22  appropriated to the commissioner of public safety under 
  7.23  Minnesota Statutes, section 609.3241, since the beginning of 
  7.24  fiscal year 1998.  In preparing this report, the commissioner of 
  7.25  public safety shall determine whether any penalty assessments 
  7.26  were appropriated to the commissioner of corrections during this 
  7.27  time and, if so, how much was appropriated.  The commissioner of 
  7.28  corrections shall cooperate with the commissioner of public 
  7.29  safety in providing this information.  The report also shall 
  7.30  contain information on the use of money appropriated during this 
  7.31  time period, including, but not limited to, the ways in which 
  7.32  the money has been used to assist individuals who have stopped 
  7.33  or wish to stop engaging in prostitution.  The report shall be 
  7.34  filed with the legislative reference library no later than 
  7.35  December 15, 2003. 
  7.36     Subd. 2.  [SUPREME COURT; REPORT.] By December 15, 2003, 
  8.1   the supreme court is requested to report to the chairs and 
  8.2   ranking minority members of the house and senate committees and 
  8.3   divisions with jurisdiction over criminal justice policy and 
  8.4   funding concerning the use of money collected since the 
  8.5   beginning of fiscal year 1998 from penalty assessments under 
  8.6   Minnesota Statutes, section 609.3241, and use for the purposes 
  8.7   described in Minnesota Statutes, section 626.558, subdivision 
  8.8   2a.  The report is requested to be filed with the legislative 
  8.9   reference library no later than December 15, 2003. 
  8.10     [EFFECTIVE DATE.] This section is effective the day 
  8.11  following final enactment. 
  8.12     Sec. 7.  [REVISOR INSTRUCTION.] 
  8.13     In the next edition of Minnesota Statutes, the revisor 
  8.14  shall change the headnotes for Minnesota Statutes, section 
  8.15  609.324, as follows: 
  8.16     (1) the section headnote from "OTHER PROHIBITED ACTS" to 
  8.17  "OTHER PROSTITUTION CRIMES; PATRONS, PROSTITUTES, AND 
  8.18  INDIVIDUALS HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; 
  8.19  PENALTIES"; 
  8.20     (2) the subdivision 1 headnote from "CRIME DEFINED" to 
  8.21  "ENGAGING IN, HIRING, OR AGREEING TO HIRE A MINOR TO ENGAGE IN 
  8.22  PROSTITUTION; PENALTIES"; 
  8.23     (3) the subdivision 1a headnote from "MINOR ENGAGED IN 
  8.24  PROSTITUTION" to "HOUSING AN UNRELATED MINOR ENGAGED IN 
  8.25  PROSTITUTION; PENALTIES"; 
  8.26     (4) the subdivision 2 headnote from "SOLICITATION IN PUBLIC 
  8.27  PLACE" to "SOLICITATION OR ACCEPTANCE OF SOLICITATION TO ENGAGE 
  8.28  IN PROSTITUTION; PENALTY"; and 
  8.29     (5) the subdivision 3 headnote from "HIRE TO ENGAGE IN 
  8.30  PROSTITUTION" to "ENGAGING IN, HIRING, OR AGREEING TO HIRE AN 
  8.31  ADULT TO ENGAGE IN PROSTITUTION; PENALTIES".