Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 1228

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:19am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10
1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 2.1 2.2 2.3
2.4
2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35
3.1
3.2 3.3 3.4 3.5 3.6 3.7 3.8
3.9 3.10
3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22
3.23 3.24
3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24
5.25 5.26

A bill for an act
relating to public safety; authorizing stays of adjudication in certain criminal
cases involving consensual sexual relationships with an underaged victim;
providing that offenders who receive these stays do not have to register as
predatory offenders; classifying data; requiring existing sex education programs
to address criminal sexual conduct laws; amending Minnesota Statutes 2008,
sections 13.871, subdivision 3; 121A.23, subdivision 1; 243.166, by adding
a subdivision; 609.095; proposing coding for new law in Minnesota Statutes,
chapter 609.

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

Section 1.

Minnesota Statutes 2008, section 13.871, subdivision 3, is amended to read:


Subd. 3.

Criminal code.

(a) Sources of presentence investigation reports.
Disclosure of confidential sources in presentence investigation reports is governed by
section 609.115, subdivision 4.

(b) Domestic abuse investigation report. Data contained in domestic abuse
investigation reports are classified under section 609.2244.

(c) Use of motor vehicle to patronize prostitutes. Use of a motor vehicle in the
commission of an offense under section 609.324 is noted on the offender's driving records
and the notation is classified pursuant to section 609.324, subdivision 5.

(d) new text begin Sexual conduct offenses. Access to data relating to dismissal of certain
sexual conduct offenses involving consensual conduct is governed by section 609.3454,
subdivision 5.
new text end

new text begin (e) new text endSex offender assessment. Assessor access to data relevant to sex offender
assessments is governed under section 609.3457.

deleted text begin (e)deleted text end new text begin(f) new text endSexual assault crime victims. Data on sexual assault victims are governed
by section 609.3471.

deleted text begin (f)deleted text end new text begin(g) new text endData for assessment of offenders. Access to data for the purpose of a mental
health assessment of a convicted harassment offender is governed by section 609.749,
subdivision 6
.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 121A.23, subdivision 1, is amended to read:


Subdivision 1.

Sexually transmitted infections and diseases program.

The
commissioner of education, in consultation with the commissioner of health, shall assist
districts in developing and implementing a program to prevent and reduce the risk of
sexually transmitted infections and diseases, including but not exclusive to human
immune deficiency virus and human papilloma virus. Each district must have a program
that includes at least:

(1) planning materials, guidelines, and other technically accurate and updated
information;

(2) a comprehensive, technically accurate, and updated curriculum that includes
helping students to abstain from sexual activity until marriagenew text begin and information on criminal
sexual conduct laws, specifically those based on the ages of the parties
new text end;

(3) cooperation and coordination among districts and SCs;

(4) a targeting of adolescents, especially those who may be at high risk of contracting
sexually transmitted infections and diseases, for prevention efforts;

(5) involvement of parents and other community members;

(6) in-service training for appropriate district staff and school board members;

(7) collaboration with state agencies and organizations having a sexually transmitted
infection and disease prevention or sexually transmitted infection and disease risk
reduction program;

(8) collaboration with local community health services, agencies and organizations
having a sexually transmitted infection and disease prevention or sexually transmitted
infection and disease risk reduction program; and

(9) participation by state and local student organizations.

The department may provide assistance at a neutral site to a nonpublic school
participating in a district's program. District programs must not conflict with the health
and wellness curriculum developed under Laws 1987, chapter 398, article 5, section 2,
subdivision 7.

If a district fails to develop and implement a program to prevent and reduce the
risk of sexually transmitted infection and disease, the department must assist the service
cooperative in the region serving that district to develop or implement the program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 243.166, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin Exception to registration requirement. new text end

new text begin Notwithstanding the provisions
of subdivision 1b, a person who is sentenced under section 609.3454 for a violation of
section 609.344, subdivision 1, clause (b), is not required to register under this section. If
the court enters an adjudication of guilt for the person under section 609.3454, subdivision
3, then the person must register under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 609.095, is amended to read:


609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence
or punishment shall be imposed for the commission of a crime than is authorized by this
chapter or other applicable law.

(b) Except as provided in section 152.18 deleted text beginor 609.375deleted text endnew text begin, 609.3454, or 609.3751new text end, or upon
agreement of the parties, a court may not refuse to adjudicate the guilt of a defendant who
tenders a guilty plea in accordance with Minnesota Rules of Criminal Procedure, rule 15,
or who has been found guilty by a court or jury following a trial.

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule
26.04.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
new text end

Sec. 5.

new text begin [609.3454] DISCHARGE AND DISMISSAL AUTHORIZED FOR
CERTAIN THIRD-DEGREE CRIMINAL SEXUAL CONDUCT OFFENSES
INVOLVING CONSENSUAL CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin (a) A person is eligible for a discharge and dismissal
under this section if the person:
new text end

new text begin (1) has not been previously convicted of or adjudicated delinquent for a violation of
section 609.342, 609.343, 609.344, 609.345, 609.3451, 609.3453, or 617.23 or any similar
statute of the United States, this state, or any state;
new text end

new text begin (2) has not previously participated in or completed a diversion program relating to
a charge of violating an offense listed in clause (1); and
new text end

new text begin (3) has not previously been placed on probation without a judgment of guilty for an
offense listed in clause (1).
new text end

new text begin (b) A court may act pursuant to subdivision 2 only if the court determines on the
record that:
new text end

new text begin (1) the offender is no more than 60 months older than the complainant;
new text end

new text begin (2) the conduct between the offender and the complainant that was the basis for the
charge was, except for the ages of the parties, consensual;
new text end

new text begin (3) the offender does not pose a threat to the complainant or the public;
new text end

new text begin (4) the actions of the offender were not predatory; and
new text end

new text begin (5) doing so is in the interest of justice.
new text end

new text begin (c) When determining whether to proceed under subdivision 2, the court may
consider such factors as the nature and length of the relationship between the parties, the
views of the complainant, the views of the complainant's and offender's family members,
the views of community members, and the cultural traditions of the parties.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin For a person eligible under subdivision 1 who is charged with
violating section 609.344, subdivision 1, clause (b), the court may after trial or upon a plea
of guilty, without entering a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such reasonable conditions
as it may require and for a period not to exceed the maximum sentence provided for
the violation.
new text end

new text begin Subd. 3. new text end

new text begin Violation. new text end

new text begin Upon violation of a condition of the probation, the court may
enter an adjudication of guilt and proceed as otherwise provided in law.
new text end

new text begin Subd. 4. new text end

new text begin Early dismissal. new text end

new text begin The court may, in its discretion, dismiss the proceedings
against the person and discharge the person from probation before the expiration of the
maximum period prescribed for the person's probation.
new text end

new text begin Subd. 5. new text end

new text begin Dismissal; record. new text end

new text begin (a) For purposes of this subdivision, "not public" has
the meaning given in section 13.02, subdivision 8a.
new text end

new text begin (b) If during the period of probation the person does not violate any of the conditions
of the probation, then upon expiration of the period the court shall discharge the person
and dismiss the proceedings against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it shall
be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts
in determining the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the not public
record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this section to the bureau which
shall make and maintain the not public record of it as provided under this section. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.
new text end

new text begin Subd. 6. new text end

new text begin Retroactivity. new text end

new text begin (a) A person who was convicted or adjudicated delinquent
before the effective date of this section for a violation of section 609.344, subdivision 1,
clause (b), upon notice to all interested parties may bring a motion before the sentencing
court for a disposition under this section. If the court determines that the person is
otherwise eligible for the disposition, the court may vacate the original adjudication of
guilt and proceed as provided in this section.
new text end

new text begin (b) Notwithstanding any contrary provision in section 609A.02, a person receiving a
discharge and dismissal under this subdivision may petition the court under chapter 609A
for an expungement of records relating to the original proceeding.
new text end

new text begin Subd. 7. new text end

new text begin Outright dismissal of charge. new text end

new text begin Upon recommendation from a
court-ordered sex offender assessment, a court may dismiss a charge against a person
for violating section 609.344, subdivision 1, clause (b), if the person is eligible under
subdivision 1 for a discharge and dismissal. The assessment must have made the
determinations required under subdivision 1, paragraph (b), and considered the factors
listed under subdivision 1, paragraph (c). Subdivisions 2 to 6 do not apply to a dismissal
under this subdivision. The authority of the court to dismiss a case under this subdivision
is in addition to the court's general authority to dismiss criminal cases under other law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to crimes committed on or after that date.
new text end