SF 970

3rd Engrossment - 92nd Legislature (2021 - 2022) Posted on 11/09/2021 01:50pm

A bill for an act
relating to public safety; amending law and appropriating money for courts,
Guardian Ad Litem Board, Uniform Laws Commission, Board on Judicial
Standards, Board of Public Defense, human rights, Sentencing Guidelines
Commission, public safety, Peace Officers Standards and Training Board, Private
Detective Board, corrections, ombudsperson for corrections, and other related
matters; authorizing the placement of pregnant and postpartum female inmates in
community-based programs; expanding the duties of the commissioner of
corrections relating to releasing offenders; reestablishing a Legislative Commission
on Data Practices and Personal Data Privacy; establishing a 911 telecommunicator
working group to establish statewide standards for training and certification;
directing the Sentencing Guidelines Commission to increase the rankings for
certain child pornography crimes in a specified manner; establishing the crime of
child torture; increasing penalties for certain human trafficking offenses; increasing
penalties for patrons of prostitutes; increasing penalties for certain trespassing
offenses; modifying and clarifying criminal sexual conduct provisions; creating a
new crime of sexual extortion; imposing criminal penalties; requiring reports and
studies; amending Minnesota Statutes 2020, sections 2.722, subdivision 1; 243.166,
subdivision 1b; 244.065; 299A.52, subdivision 2; 299C.80, subdivision 3;
340A.504, subdivision 7; 363A.36, subdivision 2; 363A.44, subdivision 2; 403.11,
subdivision 1; 477A.03, subdivision 2b; 609.1095, subdivision 1; 609.131,
subdivision 2; 609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 2, 4;
609.3241; 609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions;
609.342; 609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.347, by
adding a subdivision; 609.352, subdivision 4; 609.605, subdivision 2; 611.27,
subdivisions 9, 10, 11, 13, 15; 628.26; Laws 2017, chapter 95, article 3, section
30; Laws 2020, Seventh Special Session chapter 2, article 2, section 4; proposing
coding for new law in Minnesota Statutes, chapters 3; 241; 609; repealing
Minnesota Statutes 2020, section 609.324, subdivision 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023.
new text end

			new text begin APPROPRIATIONS new text end
			new text begin Available for the Year new text end
			new text begin Ending June 30 new text end
				new text begin 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 61,474,000 new text end

new text begin $ new text end

new text begin 60,004,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Supreme Court Operations new text end

new text begin 44,854,000 new text end

new text begin 43,384,000 new text end

new text begin (a) Contingent Account. $5,000 each year is
for a contingent account for expenses
necessary for the normal operation of the court
for which no other reimbursement is provided.
new text end

new text begin (b) new text begin Justices' Compensation. new text end Justices'
compensation is increased by 2.5 percent in
the first year.
new text end

new text begin (c) new text begin Online Court Record Access. new text end $795,000
the first year is to fund critical improvements
to the Minnesota Court Record Online
application.
new text end

new text begin (d) new text begin Cybersecurity. new text end $500,000 the first year is
to fund critical improvements to the judiciary
branch cyber security program.
new text end

new text begin (e) new text begin Courthouse Security Grants. new text end $500,000
the first year is for a competitive grant
program established by the chief justice for
the distribution of safe and secure courthouse
fund grants to governmental entities
responsible for providing or maintaining a
courthouse or other facility where court
proceedings are held. Grant recipients must
provide a 50 percent nonstate match. This
appropriation is available until June 30, 2024.
new text end

new text begin (f) Neuropsychological Examination
Feasibility Study. $30,000 the first year is for
the neuropsychological examination feasibility
study described in article 2, section 14.
new text end

new text begin Subd. 3. new text end new text begin Civil Legal Services new text end

new text begin 16,620,000 new text end

new text begin 16,620,000 new text end

new text begin Legal Services to Low-Income Clients in
Family Law Matters. new text end new text begin $1,017,000 each year
is to improve the access of low-income clients
to legal representation in family law matters.
This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the
qualified legal services program described in
Minnesota Statutes, section 480.242,
subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end

Sec. 3. new text begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 13,490,000 new text end

new text begin $ new text end

new text begin 13,574,000 new text end

new text begin new text begin Judges' Compensation. new text end Judges' compensation
is increased by 2.5 percent in the first year.
new text end

Sec. 4. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 326,172,000 new text end

new text begin $ new text end

new text begin 328,946,000 new text end

new text begin (a) new text begin Judges' Compensation. new text end Judges'
compensation is increased by 2.5 percent in
the first year.
new text end

new text begin (b) New Judgeship. $482,000 the first year
and $449,000 the second year are for a new
judge unit in the Fifth Judicial District.
new text end

Sec. 5. new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 22,576,000 new text end

new text begin $ new text end

new text begin 22,815,000 new text end

Sec. 6. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 1,827,000 new text end

new text begin $ new text end

new text begin 1,841,000 new text end

Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 100,000 new text end

new text begin $ new text end

new text begin 100,000 new text end

Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 580,000 new text end

new text begin $ new text end

new text begin 586,000 new text end

new text begin If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end

new text begin Major Disciplinary Actions. $125,000 each
year is for special investigative and hearing
costs for major disciplinary actions undertaken
by the board. This appropriation does not
cancel. Any unencumbered and unspent
balances remain available for these
expenditures until June 30, 2025.
new text end

Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 106,852,000 new text end

new text begin $ new text end

new text begin 106,930,000 new text end

new text begin Public Defense Corporations. $74,000 the
first year and $152,000 the second year are
for increases to public defense corporations.
new text end

Sec. 10. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 740,000 new text end

new text begin $ new text end

new text begin 765,000 new text end

Sec. 11. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 205,786,000 new text end

new text begin $ new text end

new text begin 204,412,000 new text end

new text begin Appropriations by Fund new text end
	new text begin 2022 new text end	new text begin 2023 new text end
new text begin General new text end	new text begin 123,277,000 new text end	new text begin 121,846,000 new text end
new text begin Special Revenue new text end	new text begin 14,436,000 new text end	new text begin 14,502,000 new text end
new text begin State Government Special Revenue new text end	new text begin 103,000 new text end	new text begin 103,000 new text end
new text begin Environmental new text end	new text begin 73,000 new text end	new text begin 73,000 new text end
new text begin 911 Fund new text end	new text begin 67,897,000 new text end	new text begin 67,888,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Emergency Management new text end

new text begin 3,078,000 new text end

new text begin 3,078,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 3,005,000 new text end	new text begin 3,005,000 new text end
new text begin Environmental new text end	new text begin 73,000 new text end	new text begin 73,000 new text end

new text begin (a) Supplemental Nonprofit Security Grants
new text end

new text begin $225,000 each year is for supplemental
nonprofit security grants under this paragraph.
new text end

new text begin Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end

new text begin Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end

new text begin The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. These
appropriations are onetime.
new text end

new text begin (b) new text end new text begin School Safety Center
new text end

new text begin $250,000 each year is for two school safety
specialists at the Minnesota School Safety
Center.
new text end

new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end

new text begin 76,481,000 new text end

new text begin 75,293,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 76,474,000 new text end	new text begin 75,286,000 new text end
new text begin State Government Special Revenue new text end	new text begin 7,000 new text end	new text begin 7,000 new text end

new text begin (a) new text end new text begin DWI Lab Analysis
new text end

new text begin $2,429,000 each year is for staff and operating
costs for laboratory analysis related to
driving-while-impaired cases.
new text end

new text begin (b) Use of Trunk Highway Funds;
Department of Public Safety
new text end

new text begin Payment of expenses related to forensic
science services and other activities of the
Bureau of Criminal Apprehension do not
further a highway purpose under Minnesota
Statutes, section 161.20, subdivision 3, and
under article 14, sections 5, 6, and 9 of the
Minnesota Constitution. The commissioner of
public safety must not expend money from
the trunk highway fund for any purpose of the
Bureau of Criminal Apprehension.
new text end

new text begin (c) Civil Unrest
new text end

new text begin $539,000 the first year is for costs related to
responding to civil unrest.
new text end

new text begin (d) Body Worn Cameras
new text end

new text begin $397,000 the first year and $205,000 the
second year are for the purchase,
implementation, and maintenance of body
worn cameras.
new text end

new text begin (e) Cybersecurity
new text end

new text begin $2,611,000 the first year and $2,500,000 the
second year are for staff, hardware, and
software to upgrade critical network
infrastructure and support cybersecurity
compliance with standards set by the Federal
Bureau of Investigation. The base for this is
$1,002,000 in fiscal years 2024 and 2025.
new text end

new text begin (f) Rapid DNA Program
new text end

new text begin $285,000 each year is for the Rapid DNA
Program.
new text end

new text begin (g) Additional Forensic Scientist
new text end

new text begin $128,000 the first year and $113,000 the
second year are for one additional forensic
scientist.
new text end

new text begin (h) Criminal Alert Network
new text end

new text begin $200,000 the first year is for the criminal alert
network to increase membership, reduce the
registration fee, and create additional alert
categories, including at a minimum a dementia
and Alzheimer's disease specific category.
new text end

new text begin (i) Additional Special Agent
new text end

new text begin $160,000 each year is for one additional
special agent. This is a onetime appropriation.
new text end

new text begin (j) Predatory Offender Statutory
Framework Working Group
new text end

new text begin $131,000 the first year is to convene,
administer, and implement the predatory
offender statutory framework working group
described in article 4, section 22.
new text end

new text begin Subd. 4. new text end new text begin Fire Marshal new text end

new text begin 8,752,000 new text end

new text begin 8,818,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 178,000 new text end	new text begin 178,000 new text end
new text begin Special Revenue new text end	new text begin 8,574,000 new text end	new text begin 8,640,000 new text end

new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end

new text begin (a) Inspections
new text end

new text begin $300,000 each year is from the fire safety
account in the special revenue fund for
inspection of nursing homes and boarding care
facilities.
new text end

new text begin (b) Hazmat and Chemical Assessment
Teams
new text end

new text begin $950,000 the first year and $850,000 the
second year are from the fire safety account
in the special revenue fund. These amounts
must be used to fund the hazardous materials
and chemical assessment teams. Of this
amount, $100,000 the first year is for cases
for which there is no identified responsible
party. The base appropriation is $950,000 in
fiscal year 2024 and $850,000 in fiscal year
2025.
new text end

new text begin (c) Bomb Squad Reimbursements
new text end

new text begin $50,000 each year is from the general fund for
reimbursements to local governments for
bomb squad services.
new text end

new text begin (d) Emergency Response Teams
new text end

new text begin $675,000 each year is from the fire safety
account in the special revenue fund to maintain
four emergency response teams: one under the
jurisdiction of the St. Cloud Fire Department
or a similarly located fire department if
necessary; one under the jurisdiction of the
Duluth Fire Department; one under the
jurisdiction of the St. Paul Fire Department;
and one under the jurisdiction of the Moorhead
Fire Department.
new text end

new text begin Subd. 5. new text end new text begin Firefighter Training and Education Board new text end

new text begin 5,792,000 new text end

new text begin 5,792,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 5,792,000 new text end	new text begin 5,792,000 new text end

new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end

new text begin (a) Firefighter Training and Education new text end

new text begin $4,500,000 each year is for firefighter training
and education.
new text end

new text begin (b) Task Force 1
new text end

new text begin $975,000 each year is for the Minnesota Task
Force 1.
new text end

new text begin (c) Air Rescue
new text end

new text begin $317,000 each year is for the Minnesota Air
Rescue Team.
new text end

new text begin (d) Unappropriated Revenue new text end

new text begin Any additional unappropriated money
collected in fiscal year 2021 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end

new text begin Subd. 6. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 2,590,000 new text end

new text begin 2,497,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,520,000 new text end	new text begin 2,427,000 new text end
new text begin Special Revenue new text end	new text begin 70,000 new text end	new text begin 70,000 new text end

new text begin $70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end

new text begin (a) Legal Costs
new text end

new text begin $93,000 the first year is for legal costs
associated with Alexis Bailly Vineyard, Inc.
v. Harrington.
new text end

new text begin (b) new text end new text begin Body Worn Cameras
new text end

new text begin $16,000 each year is for the purchase,
implementation, and maintenance of body
worn cameras.
new text end

new text begin Subd. 7. new text end new text begin Office of Justice Programs new text end

new text begin 41,196,000 new text end

new text begin 41,046,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 41,100,000 new text end	new text begin 40,950,000 new text end
new text begin State Government Special Revenue new text end	new text begin 96,000 new text end	new text begin 96,000 new text end

new text begin (a) Administration Costs
new text end

new text begin Of the grant funds appropriated in this
subdivision, up to $1,026,000 each year may
be used by the commissioner to administer the
grant programs.
new text end

new text begin (b) new text end new text begin Improving Retention in Domestic
Violence Programs
new text end

new text begin $150,000 the first year is to develop an open
and competitive grant process to award a grant
to establish a pilot project to increase the rate
at which participants voluntarily complete a
person-centered, trauma-informed violence
prevention program by addressing the social
and economic barriers that inhibit program
completion. This appropriation is available
until June 30, 2024.
new text end

new text begin The grant recipient shall have an established
program for individuals who have been
identified as using abusive behaviors within
a home or community setting. The established
program must apply evidence-based
interventions to equip participants with skills
and techniques to stop abusive behaviors as
they occur and prevent them from happening
in the future.
new text end

new text begin The pilot project shall address financial,
transportation, food, housing, or social support
barriers in order to increase the rate of
participants completing the program. Money
may be used to advance program capacity,
reduce the administrative burden on program
staff, secure participant consent for
assessment, enhance measurement and
evaluation of the program, and provide other
services and support to increase the rate of
program completion while maintaining low
recidivism rates.
new text end

new text begin By January 15, 2023, the grant recipient shall
provide a report to the Office of Justice
Programs identifying:
new text end

new text begin (1) the number of individuals, including the
age, race, and sex of those individuals, who
were admitted into the program before and
after the pilot project began;
new text end

new text begin (2) the number of individuals, including the
age, race, and sex of those individuals, who
completed the program before and after the
pilot project began;
new text end

new text begin (3) the number of individuals, including the
age, race, and sex of those individuals, who
left the program prior to completion before
and after the pilot project began;
new text end

new text begin (4) information on whether the individuals
were members of a two-parent or single-parent
home; and
new text end

new text begin (5) any other relevant measurement and
evaluation of the pilot project, including
information related to social and economic
barriers that impact program completion rates.
new text end

new text begin By January 15, 2024, the grant recipient shall
provide a report to the Office of Justice
Programs identifying the domestic violence
recidivism rate of individuals who completed
the program, including the age, race, and sex
of those individuals, before and after the pilot
project began.
new text end

new text begin By February 15, 2024, the Office of Justice
Programs shall compile the information
received from the grant recipient and provide
that compilation to the senate and house of
representatives committees and divisions with
jurisdiction over public safety.
new text end

new text begin (c) new text end new text begin VCETs
new text end

new text begin $1,000,000 each year is for additional violent
crime enforcement teams. The base for this is
$1,000,000 in fiscal years 2024 and 2025.
new text end

new text begin Of this amount, $250,000 each year is a
onetime appropriation for a team to address
criminal activities in and around metropolitan
transit lines. This team must include members
from the Hennepin County Sheriff's Office,
the Ramsey County Sheriff's Office, the St.
Paul Police Department, the Minneapolis
Police Department, and the Metropolitan
Transit Police Department. The Hennepin
County Sheriff's Office shall serve as the
team's fiscal agent. By February 1, 2022, the
commissioner shall report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over criminal
justice policy and funding on the activities of
the team. The report must detail the impact
the team had on reducing criminal activity in
and around metropolitan transit lines and
recommend whether to fund the team in the
future or whether the money for this would be
better directed towards other violent crime
enforcement teams.
new text end

new text begin Subd. 8. new text end new text begin Emergency Communication Networks new text end

new text begin 67,897,000 new text end

new text begin 67,888,000 new text end

new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end

new text begin This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs shall be
incorporated into the service level agreement
and shall be paid to the Office of MN.IT
Services by the Department of Public Safety
under the rates and mechanism specified in
that agreement.
new text end

new text begin (a) Public Safety Answering Points new text end

new text begin $27,328,000 the first year and $28,011,000
the second year shall be distributed as
provided in Minnesota Statutes, section
403.113, subdivision 2. The base for this is
$28,011,000 in fiscal years 2024 and 2025.
new text end

new text begin (b) Medical Resource Communication Centers new text end

new text begin $683,000 the first year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East and
Metro West Medical Resource
Communication Centers that were in operation
before January 1, 2000.
new text end

new text begin (c) ARMER State Backbone Operating
Costs
new text end

new text begin $9,675,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end

new text begin (d) ARMER Improvements
new text end

new text begin $1,000,000 each year is to the Statewide
Emergency Communications Board for
improvements to those elements of the
statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide interim enhancement of
public safety communication interoperability
in those areas of the state where the statewide
public safety radio and communication system
is not yet implemented, and grants to local
units of government to further the strategic
goals set forth by the Statewide Emergency
Communications Board strategic plan.
new text end

new text begin (e) 911 Telecommunicator Working Group
new text end

new text begin $9,000 the first year is for the 911
Telecommunicator Working Group described
in article 2, section 15.
new text end

Sec. 12. new text begin PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 11,401,000 new text end

new text begin $ new text end

new text begin 11,423,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Peace Officer Training Reimbursements new text end

new text begin $2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end

new text begin Subd. 3. new text end new text begin Peace Officer Training Assistance new text end

new text begin $6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. The base for this
activity is $0 in fiscal year 2024 and thereafter.
new text end

Sec. 13. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 282,000 new text end

new text begin $ new text end

new text begin 288,000 new text end

Sec. 14. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 5,371,000 new text end

new text begin $ new text end

new text begin 5,371,000 new text end

Sec. 15. new text begin CORRECTIONS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 631,518,000 new text end

new text begin $ new text end

new text begin 633,177,000 new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end new text begin Correctional Institutions new text end

new text begin 463,708,000 new text end

new text begin 465,367,000 new text end

new text begin (a) Healthy Start Act
new text end

new text begin $100,000 each year is to implement Minnesota
Statutes, section 244.065, subdivision 2, under
article 3, section 4, to create a release program
for pregnant women and new mothers.
new text end

new text begin (b) new text end new text begin Identification Cards, Medications, and
Homelessness Mitigation Plan
new text end

new text begin $60,000 the first year and $48,000 the second
year are to implement the duties required in
Minnesota Statutes, sections 241.067 and
241.068.
new text end

new text begin (c) Institutions Base Budget
new text end

new text begin The general fund base for Department of
Corrections institutions is $465,368,000 in
fiscal year 2024 and $466,044,000 in fiscal
year 2025.
new text end

new text begin Subd. 3. new text end new text begin Community Services new text end

new text begin 138,033,000 new text end

new text begin 138,033,000 new text end

new text begin (a) new text end new text begin Community Corrections Act Subsidy
Increase
new text end

new text begin $1,250,000 each year is added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14.
new text end

new text begin (b) new text end new text begin County Probation Officers
Reimbursement Increase
new text end

new text begin $350,000 each year is for county probation
officers reimbursement, as described in
Minnesota Statutes, section 244.19,
subdivision 6.
new text end

new text begin (c) new text end new text begin Alternatives to Incarceration Program
new text end

new text begin $320,000 each year is for funding to Crow
Wing County and Wright County to facilitate
access to community treatment options under
the alternatives to incarceration program
described in Laws 2017, chapter 95, article 3,
section 30, as amended by article 2, section
12.
new text end

new text begin Subd. 4. new text end new text begin Operations Support new text end

new text begin 29,777,000 new text end

new text begin 29,777,000 new text end

new text begin $600,000 each year is to increase support for
ongoing technology needs.
new text end

Sec. 16. new text begin OMBUDSPERSON FOR CORRECTIONS new text end

new text begin $ new text end

new text begin 659,000 new text end

new text begin $ new text end

new text begin 663,000 new text end

Sec. 17. new text begin LEGISLATIVE COORDINATING COMMISSION new text end

new text begin $ new text end

new text begin 60,000 new text end

new text begin $ new text end

new text begin 60,000 new text end

new text begin $60,000 each year is for the Legislative
Commission on Data Practices under
Minnesota Statutes, section 3.8844.
new text end

Sec. 18. new text begin DISASTER CONTINGENCY ACCOUNT new text end

new text begin $20,000,000 the first year is to the
commissioner of public safety for transfer to
the disaster assistance contingency account
established under Minnesota Statutes, section
12.221, subdivision 6.
new text end

Sec. 19. new text begin CANCELLATION; FISCAL YEAR 2021
new text end

new text begin (a) new text end new text begin Alcohol and Gambling Enforcement
new text end

new text begin $132,000 of the fiscal year 2021 general fund
appropriation under Laws 2019, First Special
Session chapter 5, article 1, section 12,
subdivision 6, is canceled.
new text end

new text begin (b) Office of Justice Programs
new text end

new text begin $213,000 of the fiscal year 2021 general fund
appropriation under Laws 2019, First Special
Session chapter 5, article 1, section 12,
subdivision 7, is canceled.
new text end

ARTICLE 2

BUDGET-RELATED CHANGES

Section 1.

Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:

Subd. 2.

Expense recovery.

The commissioner shall assess the responsible person for
the regional hazardous materials response team costs of response. The commissioner may
bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional
court costs. new text begin Any funds received by the commissioner under this subdivision are appropriated
to the commissioner to pay for costs for which the funds were received. Any remaining
funds at the end of the biennium shall be transferred to the Fire Safety Account.
new text end

Sec. 2.

Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:

Subd. 7.

Sales after 1:00 a.m.; permit fee.

(a) No licensee may sell intoxicating liquor
or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner. Application for the permit must be
on a form the commissioner prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's
gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the following rates:

(1) up to $100,000 in gross receipts, $300;

(2) over $100,000 but not over $500,000 in gross receipts, $750; and

(3) over $500,000 in gross receipts, $1,000.

For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale
for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.

(b) The commissioner shall deposit all permit fees received under this subdivision in
the alcohol enforcement account in the deleted text begin special revenue deleted text end new text begin general new text end fund.

(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish
to the commissioner the information necessary to administer and enforce this subdivision.

Sec. 3.

Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:

Subd. 2.

Filing fee; account; appropriation.

The commissioner shall collect a deleted text begin $150 deleted text end new text begin
$250 new text end fee for each certificate of compliance issued by the commissioner or the commissioner's
designated agent. The proceeds of the fee must be deposited in a human rights fee special
revenue account. Money in the account is appropriated to the commissioner to fund the cost
of issuing certificates and investigating grievances.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for applications received on or after July
1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:

Subd. 2.

Application.

(a) A business shall apply for an equal pay certificate by paying
a deleted text begin $150 deleted text end new text begin $250 new text end filing fee and submitting an equal pay compliance statement to the
commissioner. The proceeds from the fees collected under this subdivision shall be deposited
in an equal pay certificate special revenue account. Money in the account is appropriated
to the commissioner for the purposes of this section. The commissioner shall issue an equal
pay certificate of compliance to a business that submits to the commissioner a statement
signed by the chairperson of the board or chief executive officer of the business:

(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964,
Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal
Work Law;

(2) that the average compensation for its female employees is not consistently below
the average compensation for its male employees within each of the major job categories
in the EEO-1 employee information report for which an employee is expected to perform
work under the contract, taking into account factors such as length of service, requirements
of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or
other mitigating factors;

(3) that the business does not restrict employees of one sex to certain job classifications
and makes retention and promotion decisions without regard to sex;

(4) that wage and benefit disparities are corrected when identified to ensure compliance
with the laws cited in clause (1) and with clause (2); and

(5) how often wages and benefits are evaluated to ensure compliance with the laws cited
in clause (1) and with clause (2).

(b) The equal pay compliance statement shall also indicate whether the business, in
setting compensation and benefits, utilizes:

(1) a market pricing approach;

(2) state prevailing wage or union contract requirements;

(3) a performance pay system;

(4) an internal analysis; or

(5) an alternative approach to determine what level of wages and benefits to pay its
employees. If the business uses an alternative approach, the business must provide a
description of its approach.

(c) Receipt of the equal pay compliance statement by the commissioner does not establish
compliance with the laws set forth in paragraph (a), clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for applications received on or after July
1, 2021.
new text end

Sec. 5.

Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee; account.

(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications service provider
connected to the public switched telephone network that furnishes service capable of
originating a 911 emergency telephone call is assessed a fee based upon the number of
wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.

(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid must not cancel and is carried forward to subsequent years
and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications services.

(c) The fee may not be deleted text begin less than eight cents nor more than 65 cents a month until June
30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not
less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than
eight cents nor deleted text end more than 95 cents a month on or after July 1, 2010, for each customer access
line or other basic access service, including trunk equivalents as designated by the Public
Utilities Commission for access charge purposes and including wireless telecommunications
services. With the approval of the commissioner of management and budget, the
commissioner of public safety shall establish the amount of the fee within the limits specified
and inform the companies and carriers of the amount to be collected. When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the
commissioner shall reduce the fee to reflect that debt service on the bonds is no longer
needed. The commissioner shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all customers, except that the fee
imposed under this subdivision does not apply to prepaid wireless telecommunications
service, which is instead subject to the fee imposed under section 403.161, subdivision 1,
paragraph (a).

(d) The fee must be collected by each wireless or wire-line telecommunications service
provider subject to the fee. Fees are payable to and must be submitted to the commissioner
monthly before the 25th of each month following the month of collection, except that fees
may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a
month is due. Receipts must be deposited in the state treasury and credited to a 911
emergency telecommunications service account in the special revenue fund. The money in
the account may only be used for 911 telecommunications services.

(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.

Sec. 6.

Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:

Subd. 2b.

Counties.

(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text begin Each calendar
year, deleted text end new text begin On or before the first installment date provided in section 477A.015, paragraph (a), new text end
$500,000 of this appropriation shall be deleted text begin retained deleted text end new text begin transferred each year new text end by the commissioner
of revenue to deleted text begin make reimbursements to the commissioner of management and budget deleted text end new text begin the
Board of Public Defense new text end for deleted text begin payments made deleted text end new text begin the payment of service new text end under section 611.27.
deleted text begin The reimbursements shall be to defray the additional costs associated with court-ordered
counsel under section 611.27. deleted text end Any deleted text begin retained deleted text end new text begin transferred new text end amounts not deleted text begin used for reimbursement deleted text end new text begin
expended or encumbered new text end in a new text begin fiscal new text end year new text begin shall be certified by the Board of Public Defense
to the commissioner of revenue on or before October 1 and new text end shall be included in the next
deleted text begin distribution deleted text end new text begin certification new text end of county need aid deleted text begin that is certified to the county auditors for the
purpose of property tax reduction for the next taxes payable year deleted text end .

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.

Sec. 7.

Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:

Subd. 9.

Request for other appointment of counsel.

The chief district public defender
deleted text begin with the approval of deleted text end new text begin may request that new text end the state public defender deleted text begin may request that the chief
judge of the district court, or a district court judge designated by the chief judge, deleted text end authorize
appointment of counsel other than the district public defender in such cases.

Sec. 8.

Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:

Subd. 10.

Addition of permanent staff.

The chief public defender may not request deleted text begin the
court deleted text end nor may the deleted text begin court order deleted text end new text begin state public defender approve new text end the addition of permanent staff
under subdivision 7.

Sec. 9.

Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:

Subd. 11.

Appointment of counsel.

If the deleted text begin court deleted text end new text begin state public defender new text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begin court shall order deleted text end new text begin state public defender
may approve new text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text begin If the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end

Sec. 10.

Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:

Subd. 13.

Correctional facility inmates.

All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text begin on a monthly basis deleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text begin appointed under a court order deleted text end new text begin approved by the state public defender new text end , the deleted text begin state public
defender deleted text end new text begin Board of Public Defense new text end shall deleted text begin forward to the commissioner of management and
budget deleted text end new text begin pay new text end all deleted text begin billings for deleted text end services deleted text begin rendered under the court order. The commissioner shall
pay for services deleted text end from county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).

The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.

Sec. 11.

Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:

Subd. 15.

Costs of transcripts.

In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text begin state public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shall deleted text end new text begin
Board of Public Defense may new text end pay for these transcripts and other necessary expenses from
county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).

Sec. 12.

Laws 2017, chapter 95, article 3, section 30, is amended to read:

Sec. 30. ALTERNATIVES TO INCARCERATION PILOT PROGRAM deleted text begin FUND deleted text end .

(a) Agencies providing supervision to offenders on probation, parole, or supervised
release are eligible for deleted text begin grants deleted text end new text begin funding new text end to facilitate access to community options including,
but not limited to, inpatient chemical dependency treatment for nonviolent controlled
substance offenders to address and correct behavior that is, or is likely to result in, a technical
violation of the conditions of release. For purposes of this section, "nonviolent controlled
substance offender" is a person who meets the criteria described under Minnesota Statutes,
section 244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means
a violation of a court order of probation, condition of parole, or condition of supervised
release, except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.

(b) The Department of Corrections shall deleted text begin establish criteria for selecting grant recipients
and the amount awarded to each grant recipient deleted text end new text begin issue annual funding of $160,000 to each
recipient new text end .

(c) deleted text begin By January 15, 2019, deleted text end The commissioner of corrections shall submit deleted text begin a deleted text end new text begin an annual new text end
report to the chairs of the house of representatives and senate committees with jurisdiction
over public safety policy and finance new text begin by January 15 of each year new text end . At a minimum, the report
must include:

deleted text begin (1) the total number of grants issued under this program;
deleted text end

deleted text begin (2) the average amount of each grant;
deleted text end

deleted text begin (3) deleted text end new text begin (1) new text end the community services accessed as a result of the deleted text begin grants deleted text end new text begin funding new text end ;

deleted text begin (4) deleted text end new text begin (2) new text end a summary of the type of supervision offenders were under when deleted text begin a grant deleted text end new text begin funding new text end
was used to help access a community option;

deleted text begin (5) deleted text end new text begin (3) new text end the number of individuals who completed, and the number who failed to complete,
programs accessed as a result of this deleted text begin grant deleted text end new text begin funding new text end ; deleted text begin and
deleted text end

deleted text begin (6) deleted text end new text begin (4) new text end the number of individuals who violated the terms of release following participation
in a program accessed as a result of this deleted text begin grant deleted text end new text begin funding new text end , separating technical violations and
new criminal offenses deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) the number of individuals who completed or were discharged from probation after
participating in the program;
new text end

new text begin (6) the number of individuals identified in clause (5) who committed a new offense after
discharge from the program;
new text end

new text begin (7) identification of barriers nonviolent controlled substance offenders face in accessing
community services and a description of how the program navigates those barriers; and
new text end

new text begin (8) identification of gaps in existing community services for nonviolent controlled
substance offenders.
new text end

Sec. 13.

Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended
to read:

Sec. 4. TRANSFER; ALCOHOL ENFORCEMENT ACCOUNT.

deleted text begin (a) deleted text end By July 15, 2021, the commissioner of public safety must certify to the commissioner
of management and budget the amount of permit fees waived under section 3, clause (2),
during the period from January 1, 2021, to June 30, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund to the
alcohol enforcement account in the special revenue fund established under Minnesota
Statutes, section 299A.706.

deleted text begin (b) By January 15, 2022, the commissioner of public safety must certify to the
commissioner of management and budget the amount of permit fees waived under section
3, clause (2), during the period from July 1, 2021, to December 31, 2021, and the
commissioner of management and budget must transfer the certified amount from the general
fund to the alcohol enforcement account in the special revenue fund established under
Minnesota Statutes, section 299A.706.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14. new text begin NEUROPSYCHOLOGICAL EXAMINATION FEASIBILITY STUDY.
new text end

new text begin (a) The state court administrator shall conduct a feasibility study on requiring courts to
order that individuals convicted of felony-level criminal offenses undergo a
neuropsychological examination to determine whether, due to a stroke, traumatic brain
injury, or fetal alcohol spectrum disorder, the individual had a mental impairment that caused
the individual to lack substantial capacity for judgment when the offense was committed.
new text end

new text begin (b) In conducting the study, the administrator shall consult with interested parties,
including but not limited to prosecutors, public defenders, private criminal defense attorneys,
law enforcement officials, probation officers, judges and employees of the judiciary,
corrections officials, mental health practitioners and treatment providers, individuals with
experience in conducting neuropsychological examinations, and individuals who have
experience in the criminal justice system with people who have suffered strokes, traumatic
brain injuries, and fetal alcohol spectrum disorder.
new text end

new text begin (c) The study must make recommendations on whether the law should be changed to
require these examinations and, if so, the situations and conditions under which the
examinations should be required, including but not limited to:
new text end

new text begin (1) the types of offenses the requirement should apply to;
new text end

new text begin (2) how best to screen individuals to determine whether an examination should be
required;
new text end

new text begin (3) situations in which an examination would not be required, potentially including
where a recent examination had been conducted;
new text end

new text begin (4) the costs involved with requiring examinations and how best to pay for these costs;
and
new text end

new text begin (5) the effect examination results should have on future proceedings involving the
individual, including sentencing and providing treatment.
new text end

new text begin (d) By February 15, 2022, the state court administrator shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over criminal
justice policy and funding on the results of the study.
new text end

Sec. 15. new text begin 911 TELECOMMUNICATOR WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The commissioner of public safety shall convene a 911
telecommunicator working group that consists of the commissioner or a designee and one
representative of each of the following organizations:
new text end

new text begin (1) the Minnesota Chiefs of Police Association;
new text end

new text begin (2) the Minnesota Sheriffs' Association;
new text end

new text begin (3) the Minnesota Police and Peace Officers Association;
new text end

new text begin (4) the Emergency Communications Network;
new text end

new text begin (5) the Minnesota State Fire Chiefs Association;
new text end

new text begin (6) the Association of Minnesota Counties;
new text end

new text begin (7) the League of Minnesota Cities;
new text end

new text begin (8) Tribal dispatchers;
new text end

new text begin (9) the Metropolitan Emergency Services Board;
new text end

new text begin (10) the Emergency Medical Services Regulatory Board;
new text end

new text begin (11) the Statewide Emergency Communications Board;
new text end

new text begin (12) each of the Statewide Emergency Communications Board's seven regional boards;
new text end

new text begin (13) mental health crisis team providers; and
new text end

new text begin (14) the Minnesota Association of Public Safety Communications Officials (MN APCO)
and the National Emergency Number Association of Minnesota (NENA of MN).
new text end

new text begin (b) The organizations specified in paragraph (a) shall provide the commissioner with a
designated member to serve on the working group by June 15, 2021. The commissioner
shall appoint these members to the working group. Appointments to the working group
must be made by July 1, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Duties; report. new text end

new text begin The working group must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
policy and finance by January 15, 2022. The report must:
new text end

new text begin (1) recommend a statutory definition of 911 telecommunicators;
new text end

new text begin (2) recommend minimum training and continuing education standards for certification
of 911 telecommunicators;
new text end

new text begin (3) recommend standards for certification of 911 telecommunicators;
new text end

new text begin (4) recommend funding options for mandated 911 telecommunicators training; and
new text end

new text begin (5) provide other recommendations the working group deems appropriate.
new text end

new text begin Subd. 3. new text end

new text begin First meeting; chair. new text end

new text begin The commissioner of public safety must convene the
first meeting of the working group by August 1, 2021. At the first meeting, the members
must elect a chair. The working group may conduct meetings remotely. The chair shall be
responsible for document management of materials for the working group.
new text end

new text begin Subd. 4. new text end

new text begin Compensation; reimbursement. new text end

new text begin Members serve without compensation.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of public safety must provide
administrative support to the working group.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The working group expires January 15, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16. new text begin REVISOR INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of statutes shall codify the
alternatives to incarceration pilot project under section 12 to reflect that it is a permanent
program. The revisor may make editorial and other nonsubstantive language changes to
accomplish this.
new text end

ARTICLE 3

CRIMINAL AND PUBLIC SAFETY POLICY CHANGES RELATING TO THE
BUDGET

Section 1.

new text begin [3.8844] LEGISLATIVE COMMISSION ON DATA PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Established. new text end

new text begin The Legislative Commission on Data Practices and Personal
Data Privacy is created to study issues relating to government data practices and individuals'
personal data privacy rights and to review legislation impacting data practices, data security,
and personal data privacy. The commission is a continuation of the commission that was
established by Laws 2014, chapter 193, as amended, and which expired June 30, 2019.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commission consists of two senators appointed by the senate
majority leader, two senators appointed by the minority leader in the senate, two members
of the house of representatives appointed by the speaker, and two members of the house of
representatives appointed by the minority leader in the house. Two members from each
chamber must be from the majority party in that chamber and two members from each
chamber must be from the minority party in that chamber. Each appointing authority must
make appointments as soon as possible after the beginning of the regular legislative session
in the odd-numbered year. The ranking senator from the majority party appointed to the
commission must convene the first meeting of a biennium by February 15 in the
odd-numbered year. The commission may elect up to four former legislators who have
demonstrated an interest in, or have a history of working in, the areas of government data
practices and personal data privacy to serve as nonvoting members of the commission. The
former legislators must not be registered lobbyists and shall be compensated as provided
under section 15.0575, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Terms; vacancies. new text end

new text begin Members of the commission serve for terms beginning upon
appointment and ending at the beginning of the regular legislative session in the next
odd-numbered year. The appropriate appointing authority must fill a vacancy for a seat of
a current legislator for the remainder of the unexpired term.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin The commission must elect a chair and may elect other officers as it
determines are necessary. The chair alternates between a member of the senate and a member
of the house of representatives in January of each odd-numbered year.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin Legislative staff must provide administrative and research assistance to
the commission. The Legislative Coordinating Commission may, if funding is available,
appoint staff to provide research assistance.
new text end

new text begin Subd. 6. new text end

new text begin Duties. new text end

new text begin The commission shall:
new text end

new text begin (1) review and provide the legislature with research and analysis of emerging issues
relating to government data practices and security and privacy of personal data;
new text end

new text begin (2) review and make recommendations on legislative proposals relating to the Minnesota
Government Data Practices Act; and
new text end

new text begin (3) review and make recommendations on legislative proposals impacting personal data
privacy rights, data security, and other related issues.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. Initial
members of the commission serve for a term ending in January 2023. A member of the
house of representatives shall serve as the first chair of the commission. A member of the
senate shall serve as chair of the commission beginning in January 2023.
new text end

Sec. 2.

new text begin [241.067] RELEASE OF INMATES; DUTIES OF COMMISSIONER.
new text end

new text begin Subdivision 1. new text end

new text begin Assistance relating to identification cards. new text end

new text begin (a) Upon the request of an
inmate, the commissioner, in collaboration with the Department of Public Safety, shall
facilitate the provision of a state identification card to an inmate at no cost to the inmate,
provided the inmate possesses the necessary qualifying documents to obtain the card. This
assistance does not apply to inmates who (1) upon intake have six months or less remaining
in their term of imprisonment, (2) already have other valid identification, (3) already have
a valid photograph on file with the Department of Public Safety that may be used as proof
of identity for renewing an identification document, or (4) are being imprisoned for a release
violation.
new text end

new text begin (b) The commissioner shall inform inmates of the commissioner's duties under paragraph
(a) upon intake and again upon the initiation of release planning.
new text end

new text begin Subd. 2. new text end

new text begin Medications. new text end

new text begin (a) When releasing an inmate from prison, the commissioner
shall provide the inmate with a one-month supply of any non-narcotic medications that have
been prescribed to the inmate and a prescription for a 30-day supply of these medications
that may be refilled twice.
new text end

new text begin (b) Paragraph (a) applies only to the extent the requirement is consistent with clinical
guidelines and permitted under state and federal law.
new text end

new text begin (c) Nothing in this subdivision overrides the requirements in section 244.054.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2021.
new text end

Sec. 3.

new text begin [241.068] HOMELESSNESS MITIGATION PLAN; ANNUAL REPORTING
ON HOMELESSNESS.
new text end

new text begin Subdivision 1. new text end

new text begin Homelessness mitigation plan; report. new text end

new text begin (a) The commissioner of
corrections shall develop and implement a homelessness mitigation plan for individuals
released from prison. At minimum, the plan must include:
new text end

new text begin (1) redesigning of business practices and policies to boost efforts to prevent homelessness
for all persons released from prison;
new text end

new text begin (2) efforts to increase interagency and intergovernmental collaboration between state
and local governmental units to identify and leverage shared resources; and
new text end

new text begin (3) development of internal metrics for the agency to report on its progress towards
implementing the plan and achieving the plan's goals.
new text end

new text begin (b) The commissioner shall submit the plan to the chairs and ranking minority members
of the legislative committees having jurisdiction over criminal justice policy and finance
by October 31, 2022.
new text end

new text begin Subd. 2. new text end

new text begin Reporting on individuals released to homelessness. new text end

new text begin (a) By February 15 of
each year beginning in 2022, the commissioner shall report to the chairs and ranking minority
members of the legislative committees having jurisdiction over criminal justice policy and
finance and housing policy and finance the following information on adults, disaggregated
by race, gender, and county of release:
new text end

new text begin (1) the total number released to homelessness from prison;
new text end

new text begin (2) the total number released to homelessness by each Minnesota correctional facility;
new text end

new text begin (3) the total number released to homelessness by county of release; and
new text end

new text begin (4) the total number under supervised, intensive supervised, or conditional release
following release from prison who reported experiencing homelessness or a lack of housing
stability.
new text end

new text begin (b) Beginning with the 2024 report and continuing until the 2033 report, the commissioner
shall include in the report required under paragraph (a), information detailing progress,
measures, and challenges to the implementation of the homelessness mitigation plan required
by subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July, 1, 2021.
new text end

Sec. 4.

Minnesota Statutes 2020, section 244.065, is amended to read:

244.065 PRIVATE EMPLOYMENT OF new text begin INMATES OR SPECIALIZED
PROGRAMMING FOR PREGNANT new text end INMATES OF STATE CORRECTIONAL
INSTITUTIONS IN COMMUNITY.

new text begin Subdivision 1. new text end

new text begin Work. new text end

When consistent with the public interest and the public safety,
the commissioner of corrections may conditionally release an inmate to work at paid
employment, seek employment, or participate in a vocational training or educational program,
as provided in section 241.26, if the inmate has served at least one half of the term of
imprisonment.

new text begin Subd. 2. new text end

new text begin Pregnancy. new text end

new text begin (a) In the furtherance of public interest and community safety, the
commissioner of corrections may conditionally release:
new text end

new text begin (1) for up to one year postpartum, an inmate who gave birth within eight months of the
date of commitment; and
new text end

new text begin (2) for the duration of the pregnancy and up to one year postpartum, an inmate who is
pregnant.
new text end

new text begin (b) The commissioner may conditionally release an inmate under paragraph (a) to
community-based programming for the purpose of participation in prenatal or postnatal
care programming and to promote mother-child bonding in addition to other programming
requirements as established by the commissioner, including evidence-based parenting skills
programming; working at paid employment; seeking employment; or participating in
vocational training, an educational program, or chemical dependency or mental health
treatment services.
new text end

new text begin (c) The commissioner shall develop policy and criteria to implement this subdivision
according to public safety and generally accepted correctional practice.
new text end

new text begin (d) By April 1 of each year, the commissioner shall report to the chairs and ranking
minority members of the house of representatives and senate committees with jurisdiction
over corrections on the number of inmates released and the duration of the release under
this subdivision for the prior calendar year.
new text end

Sec. 5.

Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:

Subd. 3.

Additional duty.

new text begin (a) new text end The unit shall investigate all criminal sexual conduct
cases new text begin :
new text end

new text begin (1) new text end involving peace officers, including criminal sexual conduct cases involving chief
law enforcement officers new text begin ; and
new text end

new text begin (2) where a member of the Minnesota National Guard is the victim, the accused is a
member of the Minnesota National Guard, and the incident occurred in Minnesota new text end .

new text begin (b) The unit shall assist the agency investigating an alleged sexual assault of a member
of the Minnesota National Guard by another member of the Minnesota National Guard that
occurred in a jurisdiction outside of the state, if the investigating agency requests assistance
from the unit.
new text end

new text begin (c) new text end The unit may also investigate conflict of interest cases involving peace officers.

Sec. 6.

new text begin [609.1056] MILITARY VETERAN OFFENDERS RESTORATIVE JUSTICE
SENTENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Offenses as a result of military service; presentence supervision
procedures. new text end

new text begin (a) Except as provided for in subdivision 2, paragraph (f), in the case of a
person charged with a criminal offense that is either Severity Level 7, D7, or lower in the
Minnesota Sentencing Guidelines, including misdemeanor or gross misdemeanor offenses,
who could otherwise be sentenced to county jail or state prison and who alleges that the
offense was committed as a result of sexual trauma, traumatic brain injury, post-traumatic
stress disorder, substance abuse, or mental health conditions stemming from service in the
United States military, the court shall, prior to entering a plea of guilty, make a determination
as to whether the defendant was, or currently is, a member of the United States military and
whether the defendant may be suffering from sexual trauma, traumatic brain injury,
post-traumatic stress disorder, substance abuse, or mental health conditions as a result of
that person's service. The court may request, through existing resources, an assessment to
aid in that determination.
new text end

new text begin (b) A defendant who requests to be sentenced under this section shall release or authorize
access to military service reports and records relating to the alleged conditions stemming
from service in the United States military. The records shall be filed as confidential and
remain sealed, except as provided for in this paragraph. The defendant, through existing
records or licensed professional evaluation, shall establish the diagnosis of the condition
and its connection to military service. The court, on the prosecutor's motion with notice to
defense counsel, may order the defendant to furnish to the court for in camera review or to
the prosecutor copies of all medical and military service reports and records previously or
subsequently made concerning the defendant's condition and its connection to service. Based
on the record, the court shall make findings on whether, by clear and convincing evidence,
the defendant suffers from a diagnosable condition and whether that condition stems from
service in the United States military. Within 15 days of the court's findings, either party
may file a challenge to the findings and demand a hearing on the defendant's eligibility
under this section.
new text end

new text begin If the court determines that a defendant suffers from a substance abuse disorder, the court
shall order a Rule 25 assessment under Minnesota Rules, part 9530.6615, and follow the
recommendations contained in the assessment. If the court determines that a defendant
suffers from post-traumatic stress disorder, traumatic brain injury, or other mental health
conditions, the court shall order a mental health assessment conducted by a licensed mental
health professional and follow the recommendations contained in the examiner's report.
new text end

new text begin (c) If the court concludes that a defendant who entered a plea of guilty to a criminal
offense is a person described in this subdivision or the parties stipulate to eligibility, and if
the defendant is otherwise eligible for probation, the court shall, upon the defendant entering
a plea of guilty, without entering a judgment of guilty and with the consent of the defendant,
prosecutor, and victim, defer further proceedings and place the defendant on probation upon
such reasonable conditions as it may require and for a period not to exceed the maximum
sentence provided for the violation unless extended by the court to complete treatment as
per section 609.135, subdivision 2, paragraph (h). If the veteran has previously received a
stay of adjudication for a felony offense under this section, the court may in its discretion
sentence consistent with this section or deny the use of this section on subsequent felony
offenses. If the court denies a stay of adjudication on this basis, the court may sentence
pursuant to the guidelines, application or waiver of statutory mandatory minimums, or a
departure pursuant to subdivision 2, paragraph (d).
new text end

new text begin (d) Upon violation of a condition of the probation, the court may enter an adjudication
of guilt and proceed as otherwise provided by law, including sentencing pursuant to the
guidelines, application or waiver of statutory mandatory minimums, or a departure pursuant
to subdivision 2, paragraph (d).
new text end

new text begin (e) As a condition of probation, the court may order the defendant to attend a local, state,
federal, or private nonprofit treatment program for a period not to exceed that period which
the defendant would have served in state prison or county jail, provided the court determines
that an appropriate treatment program exists. Pursuant to section 609.135, subdivision 2,
paragraph (h), the court may extend an offender's probation if the offender has not completed
court-ordered treatment.
new text end

new text begin (f) The court, in making an order under this section to order a defendant to attend an
established treatment program, shall give preference to a treatment program that has a history
of successfully treating veterans who suffer from sexual trauma, traumatic brain injury,
post-traumatic stress disorder, substance abuse, or mental health conditions as a result of
that service, including but not limited to programs operated by the United States Department
of Defense or Veterans Affairs. If an appropriate treatment provider is not available in the
offender's county of residence or public funding is not available, the Minnesota Department
of Veterans Affairs shall coordinate with the United States Department of Veterans Affairs
to locate an appropriate treatment program and sources to fund the cost of the offender's
participation in the program.
new text end

new text begin (g) The court and the assigned treatment program shall, when available, collaborate with
the county veterans service officer and the United States Department of Veterans Affairs
to maximize benefits and services provided to the veteran.
new text end

new text begin (h) If available in the county or judicial district having jurisdiction over the case, the
defendant may be supervised by the veterans treatment court program under subdivision 3.
If there is a veterans treatment court that meets the requirements of subdivision 3 in the
county in which the defendant resides or works, supervision of the defendant may be
transferred to that county or judicial district veterans treatment court program. If the defendant
successfully completes the veterans treatment court program in the supervising jurisdiction,
that jurisdiction shall sentence the defendant under this section. If the defendant is
unsuccessful in the veterans treatment court program, the defendant's supervision shall be
returned to the jurisdiction that initiated the transfer for standard sentencing.
new text end

new text begin (i) Sentencing pursuant to this section waives any right to administrative review pursuant
to section 169A.53, subdivision 1, or judicial review pursuant to section 169A.53, subdivision
2, for a license revocation or cancellation imposed pursuant to section 169A.52, and also
waives any right to administrative review pursuant to section 171.177, subdivision 10, or
judicial review pursuant to section 171.177, subdivision 11, for a license revocation or
cancellation imposed pursuant to section 171.177, if that license revocation or cancellation
is the result of the same incident that is being sentenced.
new text end

new text begin Subd. 2. new text end

new text begin Restorative justice for military veterans; dismissal of charges. new text end

new text begin (a) It is in
the interest of justice to restore a defendant who acquired a criminal record due to a mental
health condition stemming from service in the United States military to the community of
law-abiding citizens. The restorative provisions of this subdivision apply to cases in which
a court monitoring the defendant's performance of probation under this section finds by
clear and convincing evidence at a public hearing, held after not less than 15 days' notice
to the prosecution, the defense, and any victim of the offense, that all of the following
describe the defendant:
new text end

new text begin (1) the defendant was granted probation and was a person eligible under subdivision 1
at the time that probation was granted;
new text end

new text begin (2) the defendant is in compliance with the conditions of that probation;
new text end

new text begin (3) the defendant has successfully completed court-ordered treatment and services to
address the sexual trauma, traumatic brain injury, post-traumatic stress disorder, substance
abuse, or mental health conditions stemming from military service;
new text end

new text begin (4) the defendant does not represent a danger to the health and safety of others including
any victims; and
new text end

new text begin (5) the defendant has demonstrated significant benefit from court-ordered education,
treatment, or rehabilitation to clearly show that granting restorative relief pursuant to this
subdivision would be in the interest of justice.
new text end

new text begin (b) When determining whether granting restorative relief under this subdivision is in
the interest of justice, the court may consider, among other factors, all of the following:
new text end

new text begin (1) the defendant's completion and degree of participation in education, treatment, and
rehabilitation as ordered by the court;
new text end

new text begin (2) the defendant's progress in formal education;
new text end

new text begin (3) the defendant's development of career potential;
new text end

new text begin (4) the defendant's leadership and personal responsibility efforts;
new text end

new text begin (5) the defendant's contribution of service in support of the community;
new text end

new text begin (6) the level of harm to the community from the offense; and
new text end

new text begin (7) the level of harm to the victim from the offense with the court's determination of
harm guided by the factors for evaluating injury and loss contained in the applicable victim's
rights provisions of chapter 611A.
new text end

new text begin (c) If the court finds that a case satisfies each of the requirements described in paragraph
(a), then upon expiration of the period of probation the court shall discharge the defendant
and dismiss the proceedings against that defendant. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt. The court shall maintain a public
record of the discharge and dismissal.
new text end

new text begin (d) If the court finds that a defendant placed on probation under subdivision 1 does not
satisfy each of the requirements described in paragraph (a), the court shall enter an
adjudication of guilt and proceed as otherwise provided by law, including sentencing pursuant
to the guidelines, application or waiver of statutory mandatory minimums, or a departure
pursuant to paragraph (e).
new text end

new text begin (e) If the charge to which the defendant entered a plea of guilty is listed under subdivision
1, paragraph (a), and is for an offense that is a presumptive commitment to state
imprisonment, the court may use the factors of paragraph (a) to justify a dispositional
departure or any appropriate sentence, including the application or waiver of statutory
mandatory minimums. If the court finds that paragraph (a), clauses (1) to (5), factors, the
defendant is presumed amenable to probation.
new text end

new text begin (f) This subdivision does not apply to an offense for which registration is required under
section 243.166, subdivision 1b, a crime of violence as defined in section 624.712,
subdivision 5, or a gross misdemeanor or felony-level domestic violence offense.
new text end

new text begin Subd. 3. new text end

new text begin Optional veterans treatment court program; procedures for eligible
defendants. new text end

new text begin (a) A county or judicial district may supervise probation under this section
through a veterans treatment court using county veterans service officers appointed under
sections 197.60 to 197.606, United States Department of Veterans Affairs veterans justice
outreach specialists, probation agents, and any other rehabilitative resources available to
the court.
new text end

new text begin (b) "Veterans treatment court program" means a program that has the following essential
characteristics:
new text end

new text begin (1) the integration of services in the processing of cases in the judicial system;
new text end

new text begin (2) the use of a nonadversarial approach involving prosecutors and defense attorneys to
promote public safety and to protect the due process rights of program participants;
new text end

new text begin (3) early identification and prompt placement of eligible participants in the program;
new text end

new text begin (4) access to a continuum of alcohol, controlled substance, mental health, and other
related treatment and rehabilitative services;
new text end

new text begin (5) careful monitoring of treatment and services provided to program participants;
new text end

new text begin (6) a coordinated strategy to govern program responses to participants' compliance;
new text end

new text begin (7) ongoing judicial interaction with program participants;
new text end

new text begin (8) monitoring and evaluation of program goals and effectiveness;
new text end

new text begin (9) continuing interdisciplinary education to promote effective program planning,
implementation, and operations;
new text end

new text begin (10) development of partnerships with public agencies and community organizations,
including the United States Department of Veterans Affairs; and
new text end

new text begin (11) inclusion of a participant's family members who agree to be involved in the treatment
and services provided to the participant under the program.
new text end

new text begin Subd. 4. new text end

new text begin Creation of county and city diversion programs; authorization. new text end

new text begin Any county
or city may establish and operate a veterans pretrial diversion program for offenders eligible
under subdivision 1 without penalty under section 477A.0175. "Pretrial diversion" means
the decision of a prosecutor to refer an offender to a diversion program on condition that
the criminal charges against the offender shall be dismissed after a specified period of time,
or the case shall not be charged, if the offender successfully completes the program of
treatment recommended by the United States Department of Veterans Affairs or a local,
state, federal, or private nonprofit treatment program.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 7.

Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is
being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of
the following laws of this state or any similar laws of the United States or any other state:
sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255;
609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; new text begin ;
new text end 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,
subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision
of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony
penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15
years or more; or Minnesota Statutes 2012, section 609.21.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 8.

Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:

Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a misdemeanor
violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision
6; 609.224; 609.2242; 609.226; deleted text begin 609.324, subdivision 3; deleted text end 609.52; or 617.23, or an ordinance
that conforms in substantial part to any of those sections. A violation described in this
subdivision must be treated as a misdemeanor unless the defendant consents to the
certification of the violation as a petty misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:

Subdivision 1.

Solicitation, inducement, and promotion of prostitution; sex trafficking
in the first degree.

(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than deleted text begin 20 deleted text end new text begin 25 new text end years or to payment of a fine of not more than $50,000, or both:

(1) solicits or induces an individual under the age of 18 years to practice prostitution;

(2) promotes the prostitution of an individual under the age of 18 years;

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or

(4) engages in the sex trafficking of an individual under the age of 18 years.

(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than deleted text begin 25 deleted text end new text begin 30 new text end years or to payment of a fine of not more than $60,000, or both, if
one or more of the following aggravating factors are present:

(1) the offender has committed a prior qualified human trafficking-related offense;

(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;

(3) the time period that a sex trafficking victim was held in debt bondage or forced labor
or services exceeded 180 days; or

(4) the offense involved more than one sex trafficking victim.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:

Subd. 1a.

Solicitation, inducement, and promotion of prostitution; sex trafficking
in the second degree.

Whoever, while acting other than as a prostitute or patron, intentionally
does any of the following may be sentenced to imprisonment for not more than deleted text begin 15 deleted text end new text begin 20 new text end years
or to payment of a fine of not more than $40,000, or both:

(1) solicits or induces an individual to practice prostitution;

(2) promotes the prostitution of an individual;

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual; or

(4) engages in the sex trafficking of an individual.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:

Subd. 2.

new text begin Patrons of new text end prostitution deleted text begin in public place deleted text end ; penalty deleted text begin for patrons deleted text end .

new text begin (a) new text end Whoever,
while acting as a patron, intentionally does any of the following deleted text begin while in a public place deleted text end is
guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage
in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.

new text begin (b) Whoever violates the provisions of this subdivision within ten years of a previous
conviction for violating this section or section 609.322 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:

Subd. 4.

Community service in lieu of minimum fine.

The court may order a person
convicted of violating subdivision 2 deleted text begin or 3 deleted text end to perform community work service in lieu of all
or a portion of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that payment of the fine
would create undue hardship for the convicted person or that person's immediate family.
Community work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2020, section 609.3241, is amended to read:

609.3241 PENALTY ASSESSMENT AUTHORIZED.

(a) When a court sentences an adult convicted of violating section 609.27, 609.282,
609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting
other than as a prostitute, the court shall impose an assessment of not less than $500 and
not more than $750 for a misdemeanor violation of section 609.27, a violation of section
609.324, subdivision 2, deleted text begin a misdemeanor violation of section 609.324, subdivision 3, deleted text end a violation
of section 609.33, or a violation of section 617.293; otherwise the court shall impose an
assessment of not less than $750 and not more than $1,000. The assessment shall be
distributed as provided in paragraph (c) and is in addition to the surcharge required by
section 357.021, subdivision 6.

(b) The court may not waive payment of the minimum assessment required by this
section. If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the assessment
would create undue hardship for the convicted person or that person's immediate family,
the court may reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.

(c) The assessment collected under paragraph (a) must be distributed as follows:

(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities related
to combating sexual exploitation of youth, or if the arresting officer is an employee of the
state, this portion shall be forwarded to the commissioner of public safety for those purposes
identified in clause (3);

(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled
the case for use in training and education activities relating to combating sexual exploitation
activities of youth; and

(3) 40 percent of the assessment must be forwarded to the commissioner of health to be
deposited in the safe harbor for youth account in the special revenue fund and are
appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited youth, as defined in section 260C.007, subdivision
31.

(d) A safe harbor for youth account is established as a special account in the state treasury.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2020, section 609.3459, is amended to read:

609.3459 LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.

(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law
enforcement investigation by contacting any law enforcement agency, regardless of where
the crime may have occurred. The agency must prepare a summary of the allegation and
provide the person with a copy of it. The agency must begin an investigation of the facts,
or, if the suspected crime was committed in a different jurisdiction, refer the matter along
with the summary to the law enforcement agency where the suspected crime was committed
for an investigation of the facts. new text begin If the agency learns that both the victim and the accused
are members of the Minnesota National Guard, the agency receiving the report must refer
the matter along with the summary to the Bureau of Criminal Apprehension for investigation
pursuant to section 299C.80.
new text end

(b) If a law enforcement agency refers the matter to the law enforcement agency where
the crime was committed, it need not include the allegation as a crime committed in its
jurisdiction for purposes of information that the agency is required to provide to the
commissioner of public safety pursuant to section 299C.06, but must confirm that the other
law enforcement agency has received the referral.

Sec. 15.

Minnesota Statutes 2020, section 609.352, subdivision 4, is amended to read:

Subd. 4.

Penalty.

A person convicted under subdivision 2 or 2a is guilty of a felony and
may be sentenced to imprisonment for not more than deleted text begin three deleted text end new text begin five new text end years, or to payment of a
fine of not more than deleted text begin $5,000 deleted text end new text begin $10,000 new text end , or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

new text begin [609.3775] CHILD TORTURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "torture" means the intentional
infliction of extreme mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin A person who tortures a child is guilty of a felony and may be sentenced
to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000,
or both.
new text end

new text begin Subd. 3. new text end

new text begin Proof; evidence. new text end

new text begin (a) Expert testimony as to the existence or extent of mental
anguish or psychological abuse is not a requirement for a conviction under this section.
new text end

new text begin (b) A child's special susceptibility to mental anguish or psychological abuse does not
constitute an independent cause of the condition so that a defendant is exonerated from
criminal liability.
new text end

new text begin (c) Proof that a victim suffered pain is not an element of a violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2020, section 609.605, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

Whoever trespasses upon the grounds of a facility
providing emergency shelter services for battered women, as defined under section 611A.31,
subdivision 3, new text begin or providing comparable services for sex trafficking victims, as defined under
section 609.321, subdivision 7b, new text end or of a facility providing transitional housing for battered
women and their children new text begin or sex trafficking victims and their children new text end , without claim of
right or consent of one who has right to give consent, and refuses to depart from the grounds
of the facility on demand of one who has right to give consent, is guilty of a gross
misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 18. new text begin INITIAL APPOINTMENTS AND MEETINGS.
new text end

new text begin Appointing authorities for the Legislative Commission on Data Practices under Minnesota
Statutes, section 3.8844, must make initial appointments by June 1, 2021. The speaker of
the house of representatives must designate one member of the commission to convene the
first meeting of the commission by June 15, 2021.
new text end

Sec. 19. new text begin SENTENCING GUIDELINES COMPREHENSIVE REVIEW.
new text end

new text begin The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, section 609.322.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 20. new text begin SENTENCING GUIDELINES COMMISSION DIRECTED TO INCREASE
THE RANKINGS FOR CERTAIN CHILD PORNOGRAPHY CRIMES.
new text end

new text begin The Sentencing Guidelines Commission is directed to increase the severity rankings on
the sex offender grid for a violation of Minnesota Statutes, section 617.247, subdivision 3,
paragraph (b), from severity level D to C, and subdivision 4, paragraph (b), from severity
level F to E, consistent with the recommendations contained in the minority report in the
commission's 2021 report to the legislature. The other modifications to the grid relating to
child pornography crimes proposed in the main report are adopted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 609.324, subdivision 3, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

ARTICLE 4

CRIMINAL SEXUAL CONDUCT CHANGES

Section 1.

Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:

Subdivision 1.

Description.

Effective July 1, 1959, the state is divided into ten judicial
districts composed of the following named counties, respectively, in each of which districts
judges shall be chosen as hereinafter specified:

1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
and one other shall be maintained at the place designated by the chief judge of the district;

2. Ramsey; 26 judges;

3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert
Lea, Austin, Rochester, and Winona;

4. Hennepin; 60 judges;

5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; deleted text begin 16 deleted text end new text begin 17 new text end judges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and
Mankato;

6. Carlton, St. Louis, Lake, and Cook; 15 judges;

7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;

8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
shall be maintained in Morris, Montevideo, and Willmar;

9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief
River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and

10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.

Sec. 2.

Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:

(i) murder under section 609.185, paragraph (a), clause (2);

(ii) kidnapping under section 609.25;

(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453;

(iv) indecent exposure under section 617.23, subdivision 3; or

(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (f);

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:

(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);

(ii) false imprisonment in violation of section 609.255, subdivision 2;

(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;

(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);

(v) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);

(vi) using a minor in a sexual performance in violation of section 617.246; or

(vii) possessing pornographic work involving a minor in violation of section 617.247;

(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.

new text begin Notwithstanding clause (1), item (iii), a person is not required to register based on conduct
described in section 609.3451, subdivision 3, paragraph (a), unless the person has previously
been convicted of violating section 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3453;
617.23, subdivision 2, clause (2), or 3; or 617.247.
new text end

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and

(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.

(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.

(d) A person also shall register under this section if:

(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;

(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and

(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.

Sec. 3.

Minnesota Statutes 2020, section 609.2325, is amended to read:

609.2325 CRIMINAL ABUSE.

Subdivision 1.

Crimes.

deleted text begin (a) deleted text end A caregiver who, with intent to produce physical or mental
pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation
procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse
and may be sentenced as provided in subdivision 3.

This deleted text begin paragraph deleted text end new text begin subdivision new text end does not apply to therapeutic conduct.

deleted text begin (b) A caregiver, facility staff person, or person providing services in a facility who
engages in sexual contact or penetration, as defined in section 609.341, under circumstances
other than those described in sections 609.342 to 609.345, with a resident, patient, or client
of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision
3.
deleted text end

Subd. 2.

Exemptions.

For the purposes of this section, a vulnerable adult is not abused
for the sole reason that:

(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition
and hydration parenterally or through intubation; this paragraph does not enlarge or diminish
rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; new text begin or
new text end

(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a
person, including a facility staff person, when a consensual sexual personal relationship
existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed prior to the caregiving
relationship.
deleted text end

Subd. 3.

Penalties.

deleted text begin (a) deleted text end A person who violates subdivision 1 deleted text begin , paragraph (a), deleted text end may be
sentenced as follows:

(1) if the act results in the death of a vulnerable adult, imprisonment for not more than
15 years or payment of a fine of not more than $30,000, or both;

(2) if the act results in great bodily harm, imprisonment for not more than ten years or
payment of a fine of not more than $20,000, or both;

(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not
more than five years or payment of a fine of not more than $10,000, or both; or

(4) in other cases, imprisonment for not more than one year or payment of a fine of not
more than $3,000, or both.

deleted text begin (b) A person who violates subdivision 1, paragraph (b), may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more than $3,000, or both.
deleted text end

Sec. 4.

Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:

Subd. 3.

Force.

"Force" means new text begin either: (1) new text end the infliction deleted text begin , deleted text end new text begin by the actor of bodily harm; or
(2) the new text end attempted infliction, or threatened infliction by the actor of bodily harm or commission
or threat of any other crime by the actor against the complainant or another, which deleted text begin (a) deleted text end causes
the complainant to reasonably believe that the actor has the present ability to execute the
threat deleted text begin and (b) if the actor does not have a significant relationship to the complainant, also
causes the complainant to submit deleted text end .

Sec. 5.

Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:

Subd. 7.

Mentally incapacitated.

"Mentally incapacitated" means new text begin :
new text end

new text begin (1) new text end that a person under the influence of alcohol, a narcotic, anesthetic, or any other
substance, administered to that person without the person's agreement, lacks the judgment
to give a reasoned consent to sexual contact or sexual penetration new text begin ; or
new text end

new text begin (2) that a person is under the influence of any substance or substances to a degree that
renders them incapable of consenting or incapable of appreciating, understanding, or
controlling the person's conduct new text end .

Sec. 6.

Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:

Subd. 11.

Sexual contact.

(a) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (a) to deleted text begin (f) deleted text end new text begin (e), and subdivision 1a, clauses (a) to (f) and (i) new text end , and 609.345,
subdivision 1, clauses (a) to deleted text begin (e), deleted text end new text begin (d) new text end and deleted text begin (h) to (p) deleted text end new text begin (i), and subdivision 1a, clauses (a) to (e),
(h), and (i) new text end , includes any of the following acts committed without the complainant's consent,
except in those cases where consent is not a defense, and committed with sexual or aggressive
intent:

(i) the intentional touching by the actor of the complainant's intimate parts, or

(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts effected by a person in a current or recent position of authority, or by coercion, or by
inducement if the complainant is under deleted text begin 13 deleted text end new text begin 14 new text end years of age or mentally impaired, or

(iii) the touching by another of the complainant's intimate parts effected by coercion or
by a person in a current or recent position of authority, or

(iv) in any of the cases above, the touching of the clothing covering the immediate area
of the intimate parts, or

(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's
body or the clothing covering the complainant's body.

(b) "Sexual contact," for the purposes of sections 609.343, subdivision deleted text begin 1 deleted text end new text begin 1a new text end , clauses (g)
and (h), and 609.345, subdivision deleted text begin 1 deleted text end new text begin 1a new text end , clauses (f) and (g), includes any of the following
acts committed with sexual or aggressive intent:

(i) the intentional touching by the actor of the complainant's intimate parts;

(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts;

(iii) the touching by another of the complainant's intimate parts;

(iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts; or

(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's
body or the clothing covering the complainant's body.

(c) "Sexual contact with a person under deleted text begin 13 deleted text end new text begin 14 new text end " means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with
sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening
of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.

Sec. 7.

Minnesota Statutes 2020, section 609.341, subdivision 12, is amended to read:

Subd. 12.

Sexual penetration.

"Sexual penetration" means any of the following acts
committed without the complainant's consent, except in those cases where consent is not a
defense, whether or not emission of semen occurs:

(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or

(2) any intrusion however slight into the genital or anal openings:

(i) of the complainant's body by any part of the actor's body or any object used by the
actor for this purpose;

(ii) of the complainant's body by any part of the body of the complainant, by any part
of the body of another person, or by any object used by the complainant or another person
for this purpose, when effected by a person in a current or recent position of authority, or
by coercion, or by inducement if the child is under deleted text begin 13 deleted text end new text begin 14 new text end years of age or mentally impaired;
or

(iii) of the body of the actor or another person by any part of the body of the complainant
or by any object used by the complainant for this purpose, when effected by a person in a
current or recent position of authority, or by coercion, or by inducement if the child is under
deleted text begin 13 deleted text end new text begin 14 new text end years of age or mentally impaired.

Sec. 8.

Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:

Subd. 14.

Coercion.

"Coercion" means the use by the actor of words or circumstances
that cause the complainant reasonably to fear deleted text begin that the actor will inflict deleted text end new text begin the infliction of new text end bodily
harm upon the complainant or another, or the use by the actor of confinement, or superior
size or strength, against the complainant deleted text begin that causes the complainant to submit to sexual
penetration or contact against the complainant's will deleted text end new text begin to accomplish the act new text end . Proof of coercion
does not require proof of a specific act or threat.

Sec. 9.

Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:

Subd. 15.

Significant relationship.

"Significant relationship" means a situation in which
the actor is:

(1) the complainant's parent, stepparent, or guardian;

(2) any of the following persons related to the complainant by blood, marriage, or
adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece,
grandparent, great-grandparent, great-uncle, great-aunt; deleted text begin or
deleted text end

(3) an adult who jointly resides intermittently or regularly in the same dwelling as the
complainant and who is not the complainant's spouse new text begin ; or
new text end

new text begin (4) an adult who is or was involved in a significant romantic or sexual relationship with
the parent of a complainant new text end .

Sec. 10.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:

new text begin Subd. 24. new text end

new text begin Prohibited occupational relationship. new text end

new text begin A "prohibited occupational
relationship" exists when the actor is in one of the following occupations and the act takes
place under the specified circumstances:
new text end

new text begin (1) the actor performed massage or other bodywork for hire, the sexual penetration or
sexual contact occurred during or immediately before or after the actor performed or was
hired to perform one of those services for the complainant, and the sexual penetration or
sexual contact was nonconsensual; or
new text end

new text begin (2) the actor and the complainant were in one of the following occupational relationships
at the time of the act. Consent by the complainant is not a defense:
new text end

new text begin (i) the actor was a psychotherapist, the complainant was the actor's patient, and the sexual
penetration or sexual contact occurred during a psychotherapy session or during a period
of time when the psychotherapist-patient relationship was ongoing;
new text end

new text begin (ii) the actor was a psychotherapist and the complainant was the actor's former patient
who was emotionally dependent on the actor;
new text end

new text begin (iii) the actor was or falsely impersonated a psychotherapist, the complainant was the
actor's patient or former patient, and the sexual penetration or sexual contact occurred by
means of therapeutic deception;
new text end

new text begin (iv) the actor was or falsely impersonated a provider of medical services to the
complainant and the sexual penetration or sexual contact occurred by means of deception
or false representation that the sexual penetration or sexual contact was for a bona fide
medical purpose;
new text end

new text begin (v) the actor was or falsely impersonated a member of the clergy, the complainant was
not married to the actor, the complainant met with the actor in private seeking or receiving
religious or spiritual advice, aid, or comfort from the actor, and the sexual penetration or
sexual contact occurred during the course of the meeting or during a period of time when
the meetings were ongoing;
new text end

new text begin (vi) the actor provided special transportation service to the complainant and the sexual
penetration or sexual contact occurred during or immediately before or after the actor
transported the complainant;
new text end

new text begin (vii) the actor was or falsely impersonated a peace officer, as defined in section 626.84,
the actor physically or constructively restrained the complainant or the complainant did not
reasonably feel free to leave the actor's presence, and the sexual penetration or sexual contact
was not pursuant to a lawful search or lawful use of force;
new text end

new text begin (viii) the actor was an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including but
not limited to jails, prisons, detention centers, or work release facilities, and the complainant
was a resident of a facility or under supervision of the correctional system;
new text end

new text begin (ix) the complainant was enrolled in a secondary school and:
new text end

new text begin (A) the actor was a licensed educator employed or contracted to provide service for the
school at which the complainant was a student;
new text end

new text begin (B) the actor was age 18 or older and at least 48 months older than the complainant and
was employed or contracted to provide service for the secondary school at which the
complainant was a student; or
new text end

new text begin (C) the actor was age 18 or older and at least 48 months older than the complainant, and
was a licensed educator employed or contracted to provide services for an elementary,
middle, or secondary school;
new text end

new text begin (x) the actor was a caregiver, facility staff person, or person providing services in a
facility, as defined under section 609.232, subdivision 3, and the complainant was a
vulnerable adult who was a resident, patient, or client of the facility who was impaired in
judgment or capacity by mental or emotional dysfunction or undue influence; or
new text end

new text begin (xi) the actor was a caregiver, facility staff person, or person providing services in a
facility, and the complainant was a resident, patient, or client of the facility. This clause
does not apply if a consensual sexual personal relationship existed prior to the caregiving
relationship or if the actor was a personal care attendant.
new text end

Sec. 11.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:

new text begin Subd. 25. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" has the meaning given in section 609.232, subdivision
2.
new text end

Sec. 12.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:

new text begin Subd. 26. new text end

new text begin Facility. new text end

new text begin "Facility" has the meaning given in section 609.232, subdivision 3.
new text end

Sec. 13.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:

new text begin Subd. 27. new text end

new text begin Vulnerable adult. new text end

new text begin "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
new text end

Sec. 14.

Minnesota Statutes 2020, section 609.342, is amended to read:

609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

Subdivision 1.

new text begin Adult victim; new text end crime defined.

A person who engages in sexual penetration
with another person deleted text begin , or in sexual contact with a person under 13 years of age as defined in
section 609.341, subdivision 11, paragraph (c), deleted text end is guilty of criminal sexual conduct in the
first degree if any of the following circumstances exists:

deleted text begin (a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
deleted text end

deleted text begin (b) the complainant is at least 13 years of age but less than 16 years of age and the actor
is more than 48 months older than the complainant and in a current or recent position of
authority over the complainant. Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

deleted text begin (d) deleted text end new text begin (b) new text end the actor is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;

deleted text begin (e) deleted text end new text begin (c) new text end the actor causes personal injury to the complainant, and deleted text begin either deleted text end new text begin any new text end of the following
circumstances exist:

(i) the actor uses deleted text begin force or deleted text end coercion to accomplish the act; deleted text begin or
deleted text end

new text begin (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

deleted text begin (ii) deleted text end new text begin (iii) new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
new text end

deleted text begin (f) deleted text end new text begin (e) new text end the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:

(i) new text begin the actor or new text end an accomplice uses force or coercion to cause the complainant to submit;
or

(ii) new text begin the actor or new text end an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to
submit deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the act. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense; or
deleted text end

deleted text begin (h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the act, and:
deleted text end

deleted text begin (i) the actor or an accomplice used force or coercion to accomplish the act;
deleted text end

deleted text begin (ii) the complainant suffered personal injury; or
deleted text end

deleted text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
deleted text end

deleted text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
deleted text end

new text begin Subd. 1a. new text end

new text begin Victim under the age of 18; crime defined. new text end

new text begin A person who engages in
penetration with anyone under 18 years of age or sexual contact with a person under 14
years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal
sexual conduct in the first degree if any of the following circumstances exists:
new text end

new text begin (a) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
new text end

new text begin (b) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;
new text end

new text begin (c) the actor causes personal injury to the complainant, and any of the following
circumstances exist:
new text end

new text begin (i) the actor uses coercion to accomplish the act;
new text end

new text begin (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

new text begin (iii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

new text begin (d) the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
new text end

new text begin (i) the actor or an accomplice uses force or coercion to cause the complainant to submit;
or
new text end

new text begin (ii) the actor or an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
new text end

new text begin (e) the complainant is under 14 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
new text end

new text begin (f) the complainant is at least 14 years of age but less than 16 years of age and:
new text end

new text begin (i) the actor is more than 36 months older than the complainant; and
new text end

new text begin (ii) the actor is in a current or recent position of authority over the complainant.
new text end

new text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense;
new text end

new text begin (g) the complainant was under 16 years of age at the time of the act and the actor has a
significant relationship to the complainant. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense;
new text end

new text begin (h) the complainant was under 16 years of age at the time of the act, and the actor has
a significant relationship to the complainant and any of the following circumstances exist:
new text end

new text begin (i) the actor or an accomplice used force or coercion to accomplish the act;
new text end

new text begin (ii) the complainant suffered personal injury; or
new text end

new text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
new text end

new text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense; or
new text end

new text begin (i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
new text end

Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455; or Minnesota
Statutes 2004, section 609.109, a person convicted under subdivision 1 new text begin or subdivision 1a
new text end may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of
not more than $40,000, or both.

(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 144 months must be imposed on an offender convicted
of violating this section. Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section is also subject to conditional release under
section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end ,
clause (g), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

Sec. 15.

Minnesota Statutes 2020, section 609.343, is amended to read:

609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.

Subdivision 1.

new text begin Adult victim; new text end crime defined.

A person who engages in sexual contact
with another person is guilty of criminal sexual conduct in the second degree if any of the
following circumstances exists:

deleted text begin (a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;
deleted text end

deleted text begin (b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant and in a current or recent position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

deleted text begin (d) deleted text end new text begin (b) new text end the actor is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the dangerous weapon to cause the complainant to submit;

deleted text begin (e) deleted text end new text begin (c) new text end the actor causes personal injury to the complainant, and deleted text begin either deleted text end new text begin any new text end of the following
circumstances exist:

(i) the actor uses deleted text begin force or deleted text end coercion to accomplish the sexual contact; deleted text begin or
deleted text end

new text begin (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

deleted text begin (ii) deleted text end new text begin (iii) new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
new text end

deleted text begin (f) deleted text end new text begin (e) new text end the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:

(i) new text begin the actor or new text end an accomplice uses force or coercion to cause the complainant to submit;
or

(ii) new text begin the actor or new text end an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to
submit deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense; or
deleted text end

deleted text begin (h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:
deleted text end

deleted text begin (i) the actor or an accomplice used force or coercion to accomplish the contact;
deleted text end

deleted text begin (ii) the complainant suffered personal injury; or
deleted text end

deleted text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
deleted text end

deleted text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
deleted text end

new text begin Subd. 1a. new text end

new text begin Victim under the age of 18; crime defined. new text end

new text begin A person who engages in sexual
contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second
degree if any of the following circumstances exists:
new text end

new text begin (a) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
new text end

new text begin (b) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the dangerous weapon to cause the complainant to submit;
new text end

new text begin (c) the actor causes personal injury to the complainant, and any of the following
circumstances exist:
new text end

new text begin (i) the actor uses coercion to accomplish the sexual contact;
new text end

new text begin (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

new text begin (iii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

new text begin (d) the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
new text end

new text begin (i) the actor or an accomplice uses force or coercion to cause the complainant to submit;
or
new text end

new text begin (ii) the actor or an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
new text end

new text begin (e) the complainant is under 14 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;
new text end

new text begin (f) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant and in a current or recent position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
new text end

new text begin (g) the complainant was under 16 years of age at the time of the sexual contact and the
actor has a significant relationship to the complainant. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense;
new text end

new text begin (h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:
new text end

new text begin (i) the actor or an accomplice used force or coercion to accomplish the contact;
new text end

new text begin (ii) the complainant suffered personal injury; or
new text end

new text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
new text end

new text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense; or
new text end

new text begin (i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
new text end

Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455; or Minnesota
Statutes 2004, section 609.109, a person convicted under subdivision 1 new text begin or subdivision 1a
new text end may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of
not more than $35,000, or both.

(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 90 months must be imposed on an offender convicted
of violating subdivision 1, clause new text begin (a), (b), new text end (c), (d), new text begin or new text end (e) deleted text begin , (f), deleted text end new text begin or subdivision 1a, clause (a),
(b), (c), (d), new text end deleted text begin or deleted text end (h) new text begin , or (i) new text end . Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section is also subject to conditional release under
section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end ,
clause (g), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

Sec. 16.

Minnesota Statutes 2020, section 609.344, is amended to read:

609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.

Subdivision 1.

new text begin Adult victim; new text end crime defined.

A person who engages in sexual penetration
with another person is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:

deleted text begin (a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
deleted text end

deleted text begin (b) the complainant is at least 13 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than 120
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end the actor uses deleted text begin force or deleted text end coercion to accomplish the penetration;

deleted text begin (d) deleted text end new text begin (b) new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

new text begin (d) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

new text begin Subd. 1a. new text end

new text begin Victim under the age of 18; crime defined. new text end

new text begin A person who engages in sexual
penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the
third degree if any of the following circumstances exists:
new text end

new text begin (a) the complainant is under 14 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
new text end

new text begin (b) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant. In any such case if the actor is no more than 60
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;
new text end

new text begin (c) the actor uses coercion to accomplish the penetration;
new text end

new text begin (d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
deleted text begin 48 deleted text end new text begin 36 new text end months older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) deleted text begin the actor is a psychotherapist and the complainant is a patient of the psychotherapist
deleted text end deleted text begin and the sexual penetration occurred: deleted text end new text begin the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
new text end

new text begin (i) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

deleted text begin (i) during the psychotherapy session; or
deleted text end

deleted text begin (ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.
deleted text end

deleted text begin Consent by the complainant is not a defense;
deleted text end

deleted text begin (i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
deleted text end

deleted text begin (j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
deleted text end

deleted text begin (k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;
deleted text end

deleted text begin (1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
deleted text end

deleted text begin (i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the actor
in private; or
deleted text end

deleted text begin (ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
deleted text end

deleted text begin (m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
deleted text end

deleted text begin (n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant. Consent
by the complainant is not a defense;
deleted text end

deleted text begin (o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those services
for the complainant; or
deleted text end

deleted text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense. This paragraph
does not apply to any penetration of the mouth, genitals, or anus during a lawful search.
deleted text end

Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person convicted
under subdivision 1 new text begin or subdivision 1a new text end may be sentenced:

(1) to imprisonment for not more than 15 years or to a payment of a fine of not more
than $30,000, or both; or

(2) if the person was convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end , paragraph (b), and if the actor
was no more than 48 months but more than 24 months older than the complainant, to
imprisonment for not more than five years or a fine of not more than $30,000, or both.

A person convicted under this section is also subject to conditional release under section
609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end ,
clause (f), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

Sec. 17.

Minnesota Statutes 2020, section 609.345, is amended to read:

609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.

Subdivision 1.

new text begin Adult victim; new text end crime defined.

A person who engages in sexual contact
with another person is guilty of criminal sexual conduct in the fourth degree if any of the
following circumstances exists:

deleted text begin (a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
deleted text end

deleted text begin (b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant or in a current or recent position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such case,
if the actor is no more than 120 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end the actor uses deleted text begin force or deleted text end coercion to accomplish the sexual contact;

deleted text begin (d) deleted text end new text begin (b) new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

new text begin (d) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

new text begin Subd. 1a. new text end

new text begin Victim under the age of 18; crime defined. new text end

new text begin A person who engages in sexual
contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth
degree if any of the following circumstances exists:
new text end

new text begin (a) the complainant is under 14 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
new text end

new text begin (b) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant or in a current or recent position of authority over
the complainant. Consent by the complainant to the act is not a defense.
new text end

new text begin Mistake of age is not a defense unless actor is less than 60 months older. In any such case,
if the actor is no more than 60 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;
new text end

new text begin (c) the actor uses coercion to accomplish the sexual contact;
new text end

new text begin (d) The actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
deleted text begin 48 deleted text end new text begin 36 new text end months older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) deleted text begin the actor is a psychotherapist and the complainant is a patient of the psychotherapist
deleted text end deleted text begin and the sexual contact occurred: deleted text end new text begin the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
new text end

new text begin (i) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

deleted text begin (i) during the psychotherapy session; or
deleted text end

deleted text begin (ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;
deleted text end

deleted text begin (i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
deleted text end

deleted text begin (j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual contact occurred by means of therapeutic deception. Consent by the complainant
is not a defense;
deleted text end

deleted text begin (k) the actor accomplishes the sexual contact by means of deception or false representation
that the contact is for a bona fide medical purpose. Consent by the complainant is not a
defense;
deleted text end

deleted text begin (1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
deleted text end

deleted text begin (i) the sexual contact occurred during the course of a meeting in which the complainant
sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
deleted text end

deleted text begin (ii) the sexual contact occurred during a period of time in which the complainant was
meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
deleted text end

deleted text begin (m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
deleted text end

deleted text begin (n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense;
deleted text end

deleted text begin (o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those services for the
complainant; or
deleted text end

deleted text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense.
deleted text end

Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person convicted
under subdivision 1 new text begin or subdivision 1a new text end may be sentenced to imprisonment for not more than
ten years or to a payment of a fine of not more than $20,000, or both. A person convicted
under this section is also subject to conditional release under section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end ,
clause (f), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

Sec. 18.

Minnesota Statutes 2020, section 609.3451, is amended to read:

609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.

Subdivision 1.

new text begin Sexual penetration; new text end crime defined.

A person is guilty of criminal sexual
conduct in the fifth degree deleted text begin : deleted text end new text begin if the person engages in nonconsensual sexual penetration.
new text end

new text begin Subd. 1a. new text end

new text begin Sexual contact; child present; crime defined. new text end

new text begin A person is guilty of criminal
sexual conduct in the fifth degree if:
new text end

(1) deleted text begin if deleted text end the person engages in nonconsensual sexual contact; or

(2) the person engages in masturbation or lewd exhibition of the genitals in the presence
of a minor under the age of 16, knowing or having reason to know the minor is present.

For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the
intentional removal or attempted removal of clothing covering the complainant's intimate
parts or undergarments, and the nonconsensual touching by the complainant of the actor's
intimate parts, effected by the actor, if the action is performed with sexual or aggressive
intent.

Subd. 2.

Gross misdemeanor.

A person convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end may be
sentenced to imprisonment for not more than one year or to a payment of a fine of not more
than $3,000, or both.

Subd. 3.

Felony.

(a) new text begin A person is guilty of a felony and may be sentenced to imprisonment
for not more than two years or to payment of a fine of not more than $10,000, or both, if
the person violates subdivision 1.
new text end

new text begin (b) new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than seven years or to payment of a fine of not more than $14,000, or both, if the person
violates deleted text begin this section deleted text end new text begin subdivision 1 or 1a new text end within deleted text begin seven deleted text end new text begin ten new text end years of:

(1) new text begin conviction or adjudication under subdivision 1; or
new text end

new text begin (2) new text end a previous conviction new text begin or adjudication new text end for violating subdivision deleted text begin 1 deleted text end new text begin 1a new text end , clause (2), deleted text begin a
crime described in paragraph (b), deleted text end or a statute from another state in conformity with any of
these offenses; or

deleted text begin (2) deleted text end new text begin (3) new text end the first of two or more previous convictions for violating subdivision deleted text begin 1 deleted text end new text begin 1a new text end , clause
(1), or a statute from another state in conformity with this offense.

deleted text begin (b) deleted text end new text begin (c) new text end A previous conviction for violating section 609.342; 609.343; 609.344; 609.345;
609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to
enhance a criminal penalty as provided in paragraph (a).

Sec. 19.

Minnesota Statutes 2020, section 609.3455, is amended to read:

609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL
RELEASE.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under section
260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343, 609.344, deleted text begin or deleted text end
609.3453, new text begin or 609.3458, new text end if the adult sentence has been executed.

(c) "Extreme inhumane conditions" mean situations where, either before or after the
sexual penetration or sexual contact, the offender knowingly causes or permits the
complainant to be placed in a situation likely to cause the complainant severe ongoing
mental, emotional, or psychological harm, or causes the complainant's death.

(d) A "heinous element" includes:

(1) the offender tortured the complainant;

(2) the offender intentionally inflicted great bodily harm upon the complainant;

(3) the offender intentionally mutilated the complainant;

(4) the offender exposed the complainant to extreme inhumane conditions;

(5) the offender was armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
used or threatened to use the weapon or article to cause the complainant to submit;

(6) the offense involved sexual penetration or sexual contact with more than one victim;

(7) the offense involved more than one perpetrator engaging in sexual penetration or
sexual contact with the complainant; or

(8) the offender, without the complainant's consent, removed the complainant from one
place to another and did not release the complainant in a safe place.

(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
serious permanent disfigurement or permanent or protracted loss or impairment of the
functions of any bodily member or organ, where the offender relishes the infliction of the
abuse, evidencing debasement or perversion.

(f) A conviction is considered a "previous sex offense conviction" if the offender was
convicted and sentenced for a sex offense before the commission of the present offense.

(g) A conviction is considered a "prior sex offense conviction" if the offender was
convicted of committing a sex offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for the first offense before the
commission of the present offense, and the convictions involved separate behavioral
incidents.

(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, new text begin 609.3458, new text end or any similar statute of the United States,
this state, or any other state.

(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.

(j) An offender has "two previous sex offense convictions" only if the offender was
convicted and sentenced for a sex offense committed after the offender was earlier convicted
and sentenced for a sex offense and both convictions preceded the commission of the present
offense of conviction.

Subd. 2.

Mandatory life sentence without release; egregious first-time and repeat
offenders.

(a) Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person convicted under section 609.342, subdivision 1,
paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e) deleted text begin , (f), or (h) deleted text end ; deleted text begin or deleted text end new text begin 609.342, subdivision 1a, clause (a), (b), (c),
(d), (h), or (i); new text end 609.343, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e) deleted text begin , (f), deleted text end new text begin ; new text end or deleted text begin (h) deleted text end new text begin 609.343,
subdivision 1a, clause (a), (b), (c), (d), (h), or (i) new text end , to life without the possibility of release
if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, deleted text begin or deleted text end 609.344, new text begin or 609.3458, new text end and the fact finder determines that a heinous element
exists for the present offense.

(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.

Subd. 3.

Mandatory life sentence for egregious first-time offenders.

(a)
Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the
court shall sentence a person to imprisonment for life if the person is convicted under section
609.342, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e) deleted text begin , (f), or (h), or deleted text end new text begin ; 609.342, subdivision
1a, clause (a), (b), (c), (d), (h), or (i); new text end 609.343, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or
new text end (e) deleted text begin , (f), or (h) deleted text end new text begin ; or 609.343, subdivision 1a, clause (a), (b), (c), (d), (h), or (i) new text end ; and the fact
finder determines that a heinous element exists.

(b) The fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343.

Subd. 3a.

Mandatory sentence for certain engrained offenders.

(a) A court shall
commit a person to the commissioner of corrections for a period of time that is not less than
double the presumptive sentence under the sentencing guidelines and not more than the
statutory maximum, or if the statutory maximum is less than double the presumptive sentence,
for a period of time that is equal to the statutory maximum, if:

(1) the court is imposing an executed sentence on a person convicted of committing or
attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3453 new text begin ,
or 609.3458 new text end ;

(2) the fact finder determines that the offender is a danger to public safety; and

(3) the fact finder determines that the offender's criminal sexual behavior is so engrained
that the risk of reoffending is great without intensive psychotherapeutic intervention or other
long-term treatment or supervision extending beyond the presumptive term of imprisonment
and supervised release.

(b) The fact finder shall base its determination that the offender is a danger to public
safety on any of the following factors:

(1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;

(2) the offender previously committed or attempted to commit a predatory crime or a
violation of section 609.224 or 609.2242, including:

(i) an offense committed as a juvenile that would have been a predatory crime or a
violation of section 609.224 or 609.2242 if committed by an adult; or

(ii) a violation or attempted violation of a similar law of any other state or the United
States; or

(3) the offender planned or prepared for the crime prior to its commission.

(c) As used in this section, "predatory crime" has the meaning given in section 609.341,
subdivision 22.

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the statutory
maximum penalty otherwise applicable to the offense, the court shall sentence a person to
imprisonment for life if the person is convicted of violating section 609.342, 609.343,
609.344, 609.345, deleted text begin or deleted text end 609.3453 new text begin , or 609.3458 new text end and:

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;

(ii) the person received an upward durational departure from the sentencing guidelines
for the previous sex offense conviction; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or

(3) the person has two prior sex offense convictions, and the fact finder determines that
the prior convictions and present offense involved at least three separate victims, and:

(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;

(ii) the person received an upward durational departure from the sentencing guidelines
for one of the prior sex offense convictions; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.

(b) Notwithstanding paragraph (a), a court may not sentence a person to imprisonment
for life for a violation of section 609.345, unless the person's previous or prior sex offense
convictions that are being used as the basis for the sentence are for violations of section
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.3453, new text begin or 609.3458, new text end or any similar statute of the United
States, this state, or any other state.

Subd. 5.

Life sentences; minimum term of imprisonment.

At the time of sentencing
under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum sentence, that must be
served before the offender may be considered for supervised release.

Subd. 6.

Mandatory ten-year conditional release term.

Notwithstanding the statutory
maximum sentence otherwise applicable to the offense and unless a longer conditional
release term is required in subdivision 7, when a court commits an offender to the custody
of the commissioner of corrections for a violation of section 609.342, 609.343, 609.344,
609.345, deleted text begin or deleted text end 609.3453, new text begin or 609.3458, new text end the court shall provide that, after the offender has been
released from prison, the commissioner shall place the offender on conditional release for
ten years.

Subd. 7.

Mandatory lifetime conditional release term.

(a) When a court sentences an
offender under subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on conditional release
for the remainder of the offender's life.

(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense,
when the court commits an offender to the custody of the commissioner of corrections for
a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3453, new text begin or 609.3458, new text end and
the offender has a previous or prior sex offense conviction, the court shall provide that, after
the offender has been released from prison, the commissioner shall place the offender on
conditional release for the remainder of the offender's life.

(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional
release for a violation of section 609.345, unless the offender's previous or prior sex offense
conviction is for a violation of section 609.342, 609.343, 609.344, deleted text begin or deleted text end 609.3453, new text begin or 609.3458,
new text end or any similar statute of the United States, this state, or any other state.

Subd. 8.

Terms of conditional release; applicable to all sex offenders.

(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin or deleted text end
609.3453 new text begin , or 609.3458 new text end . Except as provided in this subdivision, conditional release of sex
offenders is governed by provisions relating to supervised release. The commissioner of
corrections may not dismiss an offender on conditional release from supervision until the
offender's conditional release term expires.

(b) The conditions of release may include successful completion of treatment and aftercare
in a program approved by the commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the commissioner considers
appropriate. The commissioner shall develop a plan to pay the cost of treatment of a person
released under this subdivision. The plan may include co-payments from offenders,
third-party payers, local agencies, or other funding sources as they are identified. This
section does not require the commissioner to accept or retain an offender in a treatment
program. Before the offender is placed on conditional release, the commissioner shall notify
the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced
of the terms of the offender's conditional release. The commissioner also shall make
reasonable efforts to notify the victim of the offender's crime of the terms of the offender's
conditional release.

(c) If the offender fails to meet any condition of release, the commissioner may revoke
the offender's conditional release and order that the offender serve all or a part of the
remaining portion of the conditional release term in prison. An offender, while on supervised
release, is not entitled to credit against the offender's conditional release term for time served
in confinement for a violation of release.

Subd. 9.

Applicability.

The provisions of this section do not affect the applicability of
Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or
the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.

Subd. 10.

Presumptive executed sentence for repeat sex offenders.

Except as provided
in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or
609.3453 within 15 years of a previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for not less than three years, nor more than
the maximum sentence provided by law for the offense for which convicted, notwithstanding
sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of
the sentence imposed under this subdivision only if it finds that a professional assessment
indicates the offender is accepted by and can respond to treatment at a long-term inpatient
program exclusively treating sex offenders and approved by the commissioner of corrections.
If the court stays the execution of a sentence, it shall include the following as conditions of
probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.

Sec. 20.

new text begin [609.3458] SEXUAL EXTORTION.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin (a) A person who engages in sexual contact with another
person and compels the other person to submit to the contact by making any of the following
threats, directly or indirectly, is guilty of sexual extortion:
new text end

new text begin (1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;
new text end

new text begin (2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;
new text end

new text begin (3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;
new text end

new text begin (4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;
new text end

new text begin (5) a threat to expose information that the actor knows the complainant wishes to keep
confidential; or
new text end

new text begin (6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
new text end

new text begin (b) A person who engages in sexual penetration with another person and compels the
other person to submit to such penetration by making any of the following threats, directly
or indirectly, is guilty of sexual extortion:
new text end

new text begin (1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;
new text end

new text begin (2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;
new text end

new text begin (3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;
new text end

new text begin (4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;
new text end

new text begin (5) a threat to expose information that the actor knows the complainant wishes to keep
confidential; or
new text end

new text begin (6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) A person is guilty of a felony and may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both, if the
person violates subdivision 1, paragraph (a).
new text end

new text begin (b) A person is guilty of a felony and may be sentenced to imprisonment for not more
than 15 years or to payment of a fine of not more than $30,000, or both, if the person violates
subdivision 1, paragraph (b).
new text end

new text begin (c) A person convicted under this section is also subject to conditional release under
section 609.3455.
new text end

new text begin Subd. 3. new text end

new text begin No attempt charge. new text end

new text begin Notwithstanding section 609.17, no person may be charged
with or convicted of an attempt to commit a violation of this section.
new text end

Sec. 21.

Minnesota Statutes 2020, section 609.347, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Voluntary intoxication defense for certain mentally incapacitated cases;
clarification of applicability. new text end

new text begin (a) The "knows or has reason to know" mental state
requirement for violations of sections 609.342 to 609.345 involving a complainant who is
mentally incapacitated, as defined in section 609.341, subdivision 7, clause (2), involves
specific intent for purposes of determining the applicability of the voluntary intoxication
defense described in section 609.075. This defense may be raised by a defendant if the
defense is otherwise applicable under section 609.075 and related case law.
new text end

new text begin (b) Nothing in paragraph (a) may be interpreted to change the application of the defense
to other crimes.
new text end

new text begin (c) Nothing in paragraph (a) is intended to change the scope or limitations of the defense
or case law interpreting it beyond clarifying that the defense is available to a defendant
described in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The section is effective August 1, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2020, section 628.26, is amended to read:

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.

(e) Indictments or complaints for violation of sections 609.322 and 609.342 to 609.345 deleted text begin ,
if the victim was under the age of 18 years at the time the offense was committed, shall deleted text end new text begin may new text end
be found or made deleted text begin and filed in the proper court within the later of nine years after the
commission of the offense or three years after the offense was reported to law enforcement
authorities deleted text end new text begin at any time after the commission of the offense new text end .

deleted text begin (f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in
the proper court at any time after commission of the offense, if physical evidence is collected
and preserved that is capable of being tested for its DNA characteristics. If this evidence is
not collected and preserved and the victim was 18 years old or older at the time of the
offense, the prosecution must be commenced within nine years after the commission of the
offense.
deleted text end

deleted text begin (g) deleted text end new text begin (f) new text end Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.

deleted text begin (h) deleted text end new text begin (g) new text end Indictments or complaints for violation of section 609.2335, 609.52, subdivision
2, paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.

deleted text begin (i) deleted text end new text begin (h) new text end Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.

deleted text begin (j) deleted text end new text begin (i) new text end Indictments or complaints for violation of sections 609.561 to 609.563, shall be
found or made and filed in the proper court within five years after the commission of the
offense.

deleted text begin (k) deleted text end new text begin (j) new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.

deleted text begin (l) deleted text end new text begin (k) new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.

deleted text begin (m) deleted text end new text begin (l) new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.

deleted text begin (n) deleted text end new text begin (m) new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to violations
committed on or after that date.
new text end

Sec. 23. new text begin PREDATORY OFFENDER STATUTORY FRAMEWORK WORKING
GROUP; REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Direction. new text end

new text begin By September 1, 2021, the commissioner of public safety
shall convene a working group to comprehensively assess the predatory offender statutory
framework. The commissioner shall invite representatives from the Department of
Corrections with specific expertise on juvenile justice reform, city and county prosecuting
agencies, statewide crime victim coalitions, the Minnesota judicial branch, the Minnesota
Board of Public Defense, private criminal defense attorneys, the Department of Public
Safety, the Department of Human Services, the Sentencing Guidelines Commission, state
and local law enforcement agencies, and other interested parties to participate in the working
group. The commissioner shall ensure that the membership of the working group is balanced
among the various representatives and reflects a broad spectrum of viewpoints, and is
inclusive of marginalized communities as well as victim and survivor voices.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The working group must examine and assess the predatory offender
registration (POR) laws, including, but not limited to, the requirements placed on offenders,
the crimes for which POR is required, the method by which POR requirements are applied
to offenders, and the effectiveness of the POR system in achieving its stated purpose.
Governmental agencies that hold POR data shall provide the working group with public
POR data upon request. The working group is encouraged to request the assistance of the
state court administrator's office to obtain relevant POR data maintained by the court system.
new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin The commissioner shall file a report detailing the working
group's findings and recommendations with the chairs and ranking minority members of
the house of representatives and senate committees and divisions having jurisdiction over
public safety and judiciary policy and finance by January 15, 2022.
new text end

Sec. 24. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall make necessary cross-reference changes and remove
statutory cross-references in Minnesota Statutes to conform with this act. The revisor may
make technical and other necessary changes to language and sentence structure to preserve
the meaning of the text.
new text end

new text begin (b) In Minnesota Statutes, the revisor of statutes shall modify the headnote to Minnesota
Statutes, section 609.347, to reflect the amendment to that section contained in this act.
new text end

APPENDIX

Repealed Minnesota Statutes: S0970-3

609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.

No active language found for: 609.324.3