Minnesota Legislature
SF 1267
1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 03/06/2024 04:06pm
Current Version - 1st Engrossment
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 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 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
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 5.27
5.28 5.29 5.30 5.31 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 7.32 7.33 7.34 7.35 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 8.34 8.35 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 9.35 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19
10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23
11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 12.1 12.2 12.3 12.4 12.5 12.6 12.7 12.8
12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19
12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28
13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25 13.26 13.27 13.28 13.29 13.30 13.31 13.32 13.33 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 14.10 14.11 14.12 14.13 14.14 14.15
14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 14.31 14.32 15.1 15.2 15.3 15.4 15.5 15.6 15.7 15.8
15.9 15.10 15.11 15.12 15.13
15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 15.33 16.1 16.2 16.3 16.4 16.5 16.6 16.7
16.8 16.9 16.10 16.11 16.12 16.13
16.14 16.15 16.16 16.17 16.18 16.19 16.20
16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 17.1 17.2
17.3 17.4 17.5 17.6 17.7 17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15 17.16 17.17 17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17 18.18 18.19 18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 18.32 18.33 18.34 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16
19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26 19.27 19.28 19.29 19.30 19.31
20.1 20.2 20.3 20.4 20.5 20.6
20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15
20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 20.32
21.1 21.2 21.3 21.4 21.5 21.6 21.7 21.8 21.9 21.10 21.11 21.12
21.13 21.14
21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 21.30 21.31 21.32 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27
22.28 22.29 22.30 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13
23.14 23.15
23.16 23.17 23.18 23.19 23.20 23.21 23.22 23.23 23.24
23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8
24.9 24.10 24.11 24.12 24.13
24.14 24.15 24.16 24.17 24.18
24.19 24.20 24.21 24.22 24.23 24.24
24.25 24.26 24.27 24.28 24.29 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12
25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24
25.25 25.26 25.27 25.28 25.29
25.30 25.31 26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25
26.26 26.27 26.28 26.29 26.30 26.31 26.32
26.33
27.1 27.2
27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16 27.17
27.18 27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31
28.1 28.2
28.3 28.4 28.5 28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15
28.16 28.17
28.18 28.19 28.20 28.21 28.22 28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 28.32 29.1 29.2 29.3 29.4 29.5 29.6 29.7 29.8 29.9 29.10 29.11
29.12 29.13 29.14 29.15 29.16 29.17 29.18 29.19 29.20
29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 29.32 29.33 30.1 30.2 30.3 30.4 30.5 30.6 30.7 30.8 30.9
30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18
30.19 30.20 30.21 30.22 30.23 30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31
31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10
31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 32.1 32.2 32.3 32.4 32.5 32.6 32.7 32.8 32.9 32.10
32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 33.1 33.2 33.3
33.4 33.5 33.6 33.7 33.8 33.9
33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23 33.24 33.25 33.26 33.27 33.28 33.29 33.30 33.31 33.32 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10
34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18
34.19 34.20 34.21 34.22 34.23
34.24 34.25 34.26 34.27 34.28 34.29
35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22
35.23
35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 36.1 36.2 36.3
36.4 36.5 36.6
36.7 36.8
36.9 36.10
36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13
38.14
38.15 38.16 38.17 38.18 38.19 38.20 38.21
38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29 38.30 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 40.1 40.2 40.3 40.4 40.5 40.6 40.7 40.8 40.9 40.10 40.11 40.12 40.13 40.14 40.15 40.16 40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18 41.19 41.20 41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30
41.31 41.32
42.1 42.2 42.3
42.4
42.5 42.6 42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17
42.18 42.19 42.20
42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29
43.1 43.2 43.3
43.4 43.5 43.6 43.7
43.8
43.9 43.10 43.11 43.12
43.13
43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26
43.27
43.28 43.29 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13 44.14 44.15 44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13 45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 46.1 46.2 46.3 46.4 46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18 46.19 46.20 46.21 46.22 46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32 47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20
47.21
47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 48.1 48.2 48.3 48.4
48.5 48.6 48.7 48.8 48.9 48.10 48.11 48.12
48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25 48.26 48.27 48.28 48.29 48.30 48.31 48.32 49.1 49.2 49.3 49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30
49.31 49.32
50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20
50.21 50.22
50.23 50.24 50.25 50.26 50.27 50.28 50.29 50.30 50.31 51.1 51.2 51.3 51.4 51.5 51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12 52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21 52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31
53.1 53.2
53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26 53.27 53.28 53.29 53.30 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13
54.14 54.15
54.16 54.17 54.18 54.19 54.20 54.21 54.22 54.23 54.24 54.25
54.26 54.27
55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9 55.10 55.11 55.12 55.13 55.14 55.15 55.16 55.17 55.18 55.19 55.20 55.21 55.22 55.23 55.24 55.25 55.26 55.27 55.28 55.29 55.30 55.31 56.1 56.2 56.3 56.4 56.5 56.6 56.7 56.8 56.9 56.10 56.11 56.12 56.13 56.14 56.15 56.16 56.17 56.18 56.19 56.20 56.21 56.22 56.23 56.24 56.25 56.26 56.27 56.28 56.29 57.1 57.2 57.3 57.4 57.5 57.6 57.7 57.8 57.9 57.10 57.11 57.12 57.13 57.14 57.15 57.16 57.17 57.18 57.19 57.20 57.21 57.22 57.23 57.24 57.25 57.26 57.27 57.28 57.29 57.30 58.1
58.2
58.3 58.4 58.5 58.6 58.7 58.8 58.9 58.10 58.11
58.12
58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20 58.21 58.22 58.23 58.24
58.25
58.26 58.27 58.28 58.29 59.1 59.2 59.3 59.4 59.5 59.6 59.7 59.8 59.9 59.10 59.11 59.12 59.13 59.14 59.15 59.16 59.17 59.18 59.19 59.20 59.21 59.22 59.23 59.24 59.25 59.26 59.27 59.28 59.29 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8 60.9 60.10 60.11 60.12 60.13 60.14 60.15 60.16 60.17 60.18 60.19 60.20 60.21 60.22 60.23 60.24 60.25 60.26 60.27 60.28 60.29 60.30 61.1 61.2 61.3 61.4 61.5 61.6 61.7 61.8 61.9 61.10 61.11 61.12 61.13 61.14 61.15 61.16 61.17 61.18 61.19 61.20 61.21 61.22 61.23 61.24 61.25 61.26 61.27 61.28 61.29 61.30 61.31 62.1
62.2 62.3
62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23 62.24 62.25 62.26 62.27 62.28 62.29 62.30 62.31 62.32 63.1 63.2 63.3 63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15
63.16 63.17 63.18
63.19 63.20 63.21 63.22 63.23 63.24 63.25 63.26 63.27 63.28
63.29 63.30 63.31 63.32 64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12 64.13 64.14 64.15 64.16 64.17 64.18 64.19 64.20 64.21 64.22
64.23 64.24
64.25 64.26 64.27 64.28
64.29
65.1 65.2 65.3 65.4 65.5
65.6 65.7 65.8
65.9
65.10 65.11
65.12 65.13 65.14 65.15 65.16 65.17 65.18 65.19 65.20 65.21 65.22 65.23 65.24 65.25 65.26 65.27 65.28 65.29 65.30 65.31 66.1 66.2
66.3 66.4 66.5 66.6 66.7 66.8 66.9 66.10 66.11 66.12 66.13 66.14 66.15 66.16 66.17 66.18 66.19 66.20 66.21 66.22 66.23 66.24 66.25 66.26 66.27 66.28 66.29 66.30 66.31 66.32 66.33 66.34 66.35 67.1 67.2 67.3 67.4 67.5 67.6 67.7 67.8 67.9 67.10 67.11 67.12 67.13
67.14 67.15 67.16 67.17 67.18 67.19 67.20 67.21 67.22 67.23 67.24 67.25 67.26 67.27 67.28 67.29 67.30 67.31 67.32 67.33 67.34 68.1 68.2 68.3 68.4 68.5 68.6 68.7 68.8 68.9 68.10 68.11 68.12 68.13 68.14 68.15 68.16 68.17 68.18 68.19 68.20 68.21 68.22 68.23 68.24 68.25 68.26 68.27 68.28 68.29 68.30 68.31 69.1 69.2 69.3 69.4 69.5 69.6 69.7 69.8 69.9 69.10 69.11 69.12 69.13 69.14 69.15 69.16 69.17 69.18 69.19 69.20 69.21 69.22 69.23 69.24 69.25
69.26 69.27 69.28 69.29 69.30 69.31 70.1 70.2 70.3 70.4 70.5 70.6 70.7 70.8 70.9 70.10 70.11 70.12 70.13 70.14 70.15 70.16 70.17 70.18 70.19 70.20 70.21 70.22 70.23
70.24 70.25 70.26 70.27 70.28 70.29 70.30 70.31 70.32 71.1 71.2 71.3 71.4 71.5 71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 71.33 71.34 71.35 72.1 72.2 72.3 72.4 72.5 72.6 72.7 72.8 72.9 72.10
72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31 72.32 72.33 72.34 73.1 73.2 73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27 73.28 73.29
73.30 73.31 73.32 73.33 74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11 74.12 74.13 74.14 74.15 74.16 74.17 74.18 74.19 74.20 74.21 74.22 74.23 74.24 74.25 74.26 74.27 74.28 74.29 74.30 74.31 74.32 74.33 74.34 75.1 75.2 75.3 75.4 75.5 75.6 75.7 75.8 75.9 75.10 75.11 75.12 75.13 75.14 75.15 75.16 75.17 75.18 75.19 75.20 75.21 75.22 75.23 75.24 75.25 75.26 75.27 75.28 75.29 75.30 75.31 75.32 75.33 75.34 75.35 76.1 76.2 76.3 76.4 76.5 76.6 76.7 76.8 76.9 76.10 76.11 76.12 76.13 76.14 76.15 76.16 76.17 76.18 76.19 76.20 76.21 76.22 76.23 76.24 76.25 76.26 76.27 76.28 76.29 76.30 76.31 76.32 76.33 77.1 77.2 77.3 77.4 77.5 77.6 77.7 77.8 77.9 77.10 77.11 77.12 77.13 77.14 77.15 77.16 77.17
77.18 77.19 77.20 77.21 77.22 77.23 77.24 77.25 77.26 77.27 77.28 77.29 77.30 77.31 77.32 77.33 77.34 78.1 78.2 78.3 78.4 78.5 78.6 78.7 78.8 78.9 78.10 78.11 78.12 78.13 78.14 78.15 78.16 78.17 78.18 78.19 78.20 78.21 78.22 78.23 78.24 78.25 78.26 78.27 78.28 78.29
78.30 78.31 78.32 78.33 78.34 79.1 79.2 79.3 79.4 79.5 79.6 79.7 79.8 79.9 79.10 79.11 79.12 79.13 79.14 79.15 79.16 79.17
79.18 79.19 79.20 79.21 79.22 79.23 79.24 79.25 79.26 79.27 79.28 79.29 79.30 79.31 79.32 79.33 79.34 79.35
80.1 80.2 80.3 80.4 80.5 80.6 80.7 80.8 80.9 80.10 80.11 80.12 80.13 80.14 80.15 80.16 80.17 80.18 80.19 80.20 80.21 80.22 80.23 80.24 80.25 80.26 80.27 80.28 80.29 80.30 80.31 80.32 80.33 80.34 81.1 81.2 81.3 81.4 81.5 81.6 81.7 81.8 81.9 81.10 81.11 81.12 81.13 81.14 81.15 81.16
81.17 81.18 81.19 81.20 81.21 81.22 81.23 81.24 81.25 81.26 81.27 81.28 81.29 81.30 81.31 81.32 82.1 82.2 82.3 82.4 82.5 82.6 82.7 82.8 82.9 82.10 82.11 82.12
82.13 82.14 82.15 82.16 82.17 82.18 82.19 82.20 82.21 82.22 82.23 82.24 82.25 82.26 82.27 82.28 82.29 82.30 82.31 83.1 83.2 83.3 83.4 83.5 83.6 83.7 83.8 83.9 83.10 83.11 83.12 83.13 83.14 83.15 83.16 83.17 83.18 83.19 83.20 83.21 83.22 83.23
83.24 83.25 83.26 83.27 83.28 83.29 83.30 84.1 84.2 84.3 84.4 84.5 84.6 84.7 84.8 84.9 84.10 84.11 84.12 84.13 84.14 84.15
84.16 84.17 84.18 84.19 84.20 84.21 84.22 84.23 84.24 84.25 84.26 84.27 84.28
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98.14 98.15
A bill for an act
relating to public safety; modifying certain policy for corrections, probation, public
safety, law enforcement, and crime; providing for a report; amending Minnesota
Statutes 2022, sections 51A.14; 145A.061, subdivision 3; 146A.08, subdivision
1; 169A.44; 169A.60, subdivision 2; 171.306, by adding a subdivision; 241.021,
subdivisions 2a, 2b; 241.90; 243.166, subdivision 1b; 244.09, by adding a
subdivision; 244.17, subdivision 3; 244.19; 245C.15, subdivisions 1, 2, 4a; 245C.24,
subdivision 3; 253B.02, subdivision 4e; 253D.02, subdivision 8; 260B.171,
subdivision 3; 299A.296, subdivision 2; 299C.105, subdivision 1; 299C.67,
subdivision 2; 299F.46, subdivision 1; 299F.50, by adding subdivisions; 299F.51,
subdivisions 1, 2, 5, by adding a subdivision; 326.3361, subdivision 2; 326.3381,
subdivision 3; 401.01, subdivisions 1, 2; 401.02, subdivisions 1, 2, 3; 401.025;
401.04; 401.05, subdivision 1; 401.06; 401.08, subdivisions 2, 4; 401.09; 401.10,
subdivision 1; 401.12; 401.14, subdivisions 1, 3; 401.15, subdivision 1; 401.16;
609.02, subdivision 2; 609.03; 609.105, subdivisions 1, 3; 609.1055; 609.1095,
subdivision 1; 609.11, subdivision 9; 609.135, subdivisions 1a, 1c, 2; 609.185;
609.2247, by adding a subdivision; 609.2661; 609.341, subdivision 22; 609.52,
subdivision 3; 609.526, subdivision 2; 609.531, subdivision 1; 609.631, subdivision
4; 609.632, subdivision 4; 609.746, subdivision 1; 609.78, subdivision 2a; 609.821,
subdivision 3; 609A.02, subdivision 3; 609B.161; 611A.031; 611A.036, subdivision
7; 611A.08, subdivision 6; 617.22; 617.26; 624.712, subdivision 5; 626.8452, by
adding subdivisions; 626.8457, by adding subdivisions; 626.87, subdivisions 2,
3, 5, by adding a subdivision; 626.90, subdivision 2; 626.91, subdivisions 2, 4;
626.92, subdivisions 2, 3; 626.93, subdivisions 3, 4; 626A.05, subdivision 2;
626A.35, by adding a subdivision; 628.26; 629.361; 638.02, subdivision 3; Laws
1961, chapter 108, section 1, as amended; proposing coding for new law in
Minnesota Statutes, chapters 241; 604; 609; 617; 626; repealing Minnesota Statutes
2022, sections 609.293, subdivisions 1, 5; 609.34; 609.36; 617.20; 617.201;
617.202; 617.21; 617.28; 617.29; 626.93, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
CORRECTIONS
Section 1.
Minnesota Statutes 2022, section 241.021, subdivision 2a, is amended to read:
Subd. 2a.
Affected municipality; notice.
The commissioner must not deleted text begin issuedeleted text end new text begin grantnew text end a
license without giving 30 calendar days' written notice to any affected municipality or other
political subdivision unless the facility has a licensed capacity of six or fewer persons and
is occupied by either the licensee or the group foster home parents. The notification must
be given before the new text begin license is new text end first deleted text begin issuance of a licensedeleted text end new text begin grantednew text end and annually after that time
if annual notification is requested in writing by any affected municipality or other political
subdivision. State funds must not be made available to or be spent by an agency or department
of state, county, or municipal government for payment to a foster care facility licensed under
subdivision 2 until the provisions of this subdivision have been complied with in full.
Sec. 2.
Minnesota Statutes 2022, section 241.021, subdivision 2b, is amended to read:
Subd. 2b.
Licensing; facilities; juveniles from outside state.
The commissioner may
not:
(1) deleted text begin issuedeleted text end new text begin grantnew text end a license under this section to operate a correctional facility for the
detention or confinement of juvenile offenders if the facility accepts juveniles who reside
outside of Minnesota without an agreement with the entity placing the juvenile at the facility
that obligates the entity to pay the educational expenses of the juvenile; or
(2) renew a license under this section to operate a correctional facility for the detention
or confinement of juvenile offenders if the facility accepts juveniles who reside outside of
Minnesota without an agreement with the entity placing the juvenile at the facility that
obligates the entity to pay the educational expenses of the juvenile.
Sec. 3.
new text begin
[241.0215] JUVENILE DETENTION FACILITIES; RESTRICTIONS ON
STRIP SEARCHES AND DISCIPLINE.
new text end
new text begin Subdivision 1. new text end
new text begin Applicability. new text end
new text begin
This section applies to juvenile facilities licensed by the
commissioner of corrections under section 241.021, subdivision 2.
new text end
new text begin Subd. 2. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the meanings
given.
new text end
new text begin
(b) "Health care professional" means an individual who is licensed or permitted by a
Minnesota health-related licensing board, as defined in section 214.01, subdivision 2, to
perform health care services in Minnesota within the professional's scope of practice.
new text end
new text begin
(c) "Strip search" means a visual inspection of a juvenile's unclothed breasts, buttocks,
or genitalia.
new text end
new text begin Subd. 3. new text end
new text begin Searches restricted. new text end
new text begin
(a) A staff person working in a facility may not conduct
a strip search unless:
new text end
new text begin
(1) a specific, articulable, and immediate contraband concern is present;
new text end
new text begin
(2) other search techniques and technology cannot be used or have failed to identify the
contraband; and
new text end
new text begin
(3) the facility's chief administrator or designee has reviewed the situation and approved
the strip search.
new text end
new text begin
(b) A strip search must be conducted by:
new text end
new text begin
(1) a health care professional; or
new text end
new text begin
(2) a staff person working in a facility who has received training on trauma-informed
search techniques and other applicable training under Minnesota Rules, chapter 2960.
new text end
new text begin
(c) A strip search must be documented in writing and describe the contraband concern,
summarize other inspection techniques used or considered, and verify the approval from
the facility's chief administrator or, in the temporary absence of the chief administrator, the
staff person designated as the person in charge of the facility. A copy of the documentation
must be provided to the commissioner within 24 hours of the strip search.
new text end
new text begin
(d) Nothing in this section prohibits or limits a strip search as part of a health care
procedure conducted by a health care professional.
new text end
new text begin Subd. 4. new text end
new text begin Discipline restricted. new text end
new text begin
(a) A staff person working in a facility may not discipline
a juvenile by physically or socially isolating the juvenile.
new text end
new text begin
(b) Nothing in this subdivision restricts a facility from isolating a juvenile for the
juvenile's safety, staff safety, or the safety of other facility residents when the isolation is
consistent with rules adopted by the commissioner.
new text end
new text begin Subd. 5. new text end
new text begin Commissioner action. new text end
new text begin
The commissioner may take any action authorized under
section 241.021, subdivisions 2 and 3, to address a violation of this section.
new text end
new text begin Subd. 6. new text end
new text begin Report. new text end
new text begin
(a) By February 15 each year, the commissioner must report to the
chairs and ranking minority members of the legislative committees and divisions with
jurisdiction over public safety finance and policy on the use of strip searches and isolation.
new text end
new text begin
(b) The report must consist of summary data from the previous calendar year and must,
at a minimum, include:
new text end
new text begin
(1) how often strip searches were performed;
new text end
new text begin
(2) how often juveniles were isolated;
new text end
new text begin
(3) the length of each period of isolation used and, for juveniles isolated in the previous
year, the total cumulative amount of time that the juveniles were isolated that year; and
new text end
new text begin
(4) any injury to a juvenile related to a strip search or isolation, or both, that was
reportable as a critical incident.
new text end
new text begin
(c) Data in the report must provide information on the demographics of juveniles who
were subject to a strip search and juveniles who were isolated. At a minimum, data must
be disaggregated by age, race, and gender.
new text end
new text begin
(d) The report must identify any facility that performed a strip search or used isolation,
or both, in a manner that did not comply with this section or rules adopted by the
commissioner in conformity with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 4.
Minnesota Statutes 2022, section 241.90, is amended to read:
241.90 OFFICE OF OMBUDSPERSON; CREATION; QUALIFICATIONS;
FUNCTION.
The Office of Ombudsperson for the Department of Corrections is hereby created. The
ombudsperson shall deleted text begin serve at the pleasure ofdeleted text end new text begin be appointed bynew text end the governor in the unclassified
servicedeleted text begin ,deleted text end new text begin and may be removed only for just cause. The ombudspersonnew text end shall be selected without
regard to political affiliation, and shall be a person highly competent and qualified to analyze
questions of law, administration, and public policy. No person may serve as ombudsperson
while holding any other public office. The ombudsperson for corrections shall be accountable
to the governor and shall have the authority to investigate decisions, acts, and other matters
of the Department of Corrections so as to promote the highest attainable standards of
competence, efficiency, and justice in the administration of corrections.
Sec. 5. new text begin REVISED FACILITY PLANS.
new text end
new text begin
The commissioner of corrections must direct any juvenile facility licensed by the
commissioner to revise its plan under Minnesota Rules, part 2960.0270, subpart 6, and its
restrictive procedures plan under Minnesota Rules, part 2960.0710, subpart 2, to be consistent
with Minnesota Statutes, section 241.0215. After receiving notice from the commissioner,
a facility must submit the revised plans to the commissioner within 60 days.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
Sec. 6. new text begin RULEMAKING.
new text end
new text begin
(a) The commissioner of corrections must amend Minnesota Rules, chapter 2960, to
enforce the requirements under Minnesota Statutes, section 241.0215, including but not
limited to training, facility audits, strip searches, disciplinary room time, time-outs, and
seclusion. The commissioner may amend the rules to make technical changes and ensure
consistency with Minnesota Statutes, section 241.0215.
new text end
new text begin
(b) In amending or adopting rules according to paragraph (a), the commissioner must
use the exempt rulemaking process under Minnesota Statutes, section 14.386.
Notwithstanding Minnesota Statutes, section 14.386, paragraph (b), a rule adopted under
this section is permanent. After the rule is adopted, the authorization to use the exempt
rulemaking process expires.
new text end
new text begin
(c) Notwithstanding Minnesota Laws 1995, chapter 226, article 3, sections 50, 51, and
60, or any other law to the contrary, the joint rulemaking authority with the commissioner
of human services does not apply to rule amendments applicable only to the Department of
Corrections. A rule that is amending jointly administered rule parts must be related to
requirements on strip searches, disciplinary room time, time-outs, and seclusion and be
necessary for consistency with this section.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2024.
new text end
ARTICLE 2
PROBATION
Section 1.
Minnesota Statutes 2022, section 244.19, is amended to read:
244.19 PROBATION OFFICERS.
Subdivision 1.
Appointment; joint services; state services.
(a) If a county or group of
counties has established a human services board pursuant to chapter 402, the district court
may appoint one or more county probation officers as necessary to perform court services,
and the human services board shall appoint persons as necessary to provide correctional
services within the authority granted in chapter 402. In all counties of more than 200,000
population, which have not organized pursuant to chapter 402, the district court shall appoint
one or more persons of good character to serve as county probation officers during the
pleasure of the court. All other counties shall provide adult misdemeanant and juvenile
probation services to district courts in one of the following ways:
(1) the court, with the approval of the county boards, may appoint one or more salaried
county probation officers to serve during the pleasure of the court;
(2) when two or more counties offer probation services the district court through the
county boards may appoint common salaried county probation officers to serve in the several
counties;
(3) a county or a district court may request the commissioner of corrections to furnish
probation services in accordance with the provisions of this section, and the commissioner
of corrections shall furnish such services to any county or court that fails to provide its own
probation officer by one of the two procedures listed above;
(4) if a county or district court providing probation services under clause (1) or (2) asks
the commissioner of corrections or the legislative body for the state of Minnesota mandates
the commissioner of corrections to furnish probation services to the district court, the
probation officers and other employees displaced by the changeover shall be employed by
the commissioner of corrections. Years of service in the county probation department are
to be given full credit for future sick leave and vacation accrual purposes;
new text begin
(5) for a person who is enrolled or eligible to be enrolled in a Tribal Nation or who
resides in an enrolled member's household, a Tribal Nation may elect to provide probation
services within the county in which the person resides; and
new text end
deleted text begin (5)deleted text end new text begin (6)new text end all probation officers serving the juvenile courts on July 1, 1972, shall continue
to serve in the county or counties they are now serving.
(b) The commissioner of management and budget shall place employees transferred to
state service under paragraph (a), clause (4), in the proper classifications in the classified
service. Each employee is appointed without examination at no loss in salary or accrued
vacation or sick leave benefits, but no additional accrual of vacation or sick leave benefits
may occur until the employee's total accrued vacation or sick leave benefits fall below the
maximum permitted by the state for the employee's position. An employee appointed under
paragraph (a), clause (4), shall serve a probationary period of six months. After exhausting
labor contract remedies, a noncertified employee may appeal for a hearing within ten days
to the commissioner of management and budget, who may uphold the decision, extend the
probation period, or certify the employee. The decision of the commissioner of management
and budget is final. The state shall negotiate with the exclusive representative for the
bargaining unit to which the employees are transferred regarding their seniority. For purposes
of computing seniority among those employees transferring from one county unit only, a
transferred employee retains the same seniority position as the employee had within that
county's probation office.
new text begin Subd. 1a. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "Tribal Nation" means a federally
recognized Tribal Nation within the boundaries of the state of Minnesota.
new text end
Subd. 2.
Sufficiency of services.
Probation services shall be sufficient in amount to
meet the needs of the district court in each county. County probation officers serving district
courts in all counties of not more than 200,000 population shall also, pursuant to subdivision
3, provide probation and parole services to wards of the commissioner of corrections resident
in their counties. To provide these probation services counties containing a city of 10,000
or more population shall, as far as practicable, have one probation officer for not more than
35,000 population; in counties that do not contain a city of such size, the commissioner of
corrections shall, after consultation with the chief judge of the district courtnew text begin ,new text end deleted text begin anddeleted text end the county
commissionersnew text begin , or Tribal Nation through an approved plan,new text end and in the light of experience,
establish probation districts to be served by one officer.
All probation officers appointed for any district court or deleted text begin communitydeleted text end new text begin countynew text end corrections
agencynew text begin , including Tribal Nations,new text end shall be selected from a list of eligible candidates deleted text begin who
havedeleted text end new text begin . Those candidates must benew text end minimally qualified according to the same or equivalent
examining procedures as used by the commissioner of management and budget to certify
deleted text begin eligiblesdeleted text end new text begin eligibility new text end to the commissioner of corrections in appointing parole agentsdeleted text begin , and the
Department of Management and Budget shall furnish the names of such candidates on
requestdeleted text end . This subdivision shall not apply to a political subdivision having a civil service or
merit system unless the subdivision elects to be covered by this subdivision.
Subd. 3.
Powers and duties.
All county new text begin or Tribal Nation new text end probation officers serving a
district court shall act under the orders of the court in reference to any person committed
to their care by the court, and in the performance of their duties shall have the general powers
of a peace officer; and it shall be their duty to make such investigations with regard to any
person as may be required by the court before, during, or after the trial or hearing, and to
furnish to the court such information and assistance as may be required; to take charge of
any person before, during or after trial or hearing when so directed by the court, and to keep
such records and to make such reports to the court as the court may order.new text begin Tribal Nations
providing probation services have the same general powers provided to county probation
officers defined within statute or rule.
new text end
All countynew text begin or Tribal Nationnew text end probation officers serving a district court shall, in addition,
provide probation and parole services to wards of the commissioner of corrections resident
in the counties they serve, and shall act under the orders of said commissioner of corrections
in reference to any ward committed to their care by the commissioner of corrections.
All probation officers serving a district court shall, under the direction of the authority
having power to appoint them, initiate programs for the welfare of persons coming within
the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the
community persons who come within the jurisdiction of the court and are properly subject
to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the
court, cooperate with all law enforcement agencies, schools, child welfare agencies of a
public or private character, and other groups concerned with the prevention of crime and
delinquency and the rehabilitation of persons convicted of crime and delinquency.
All probation officers serving a district court shall make monthly and annual reports to
the commissioner of corrections, on forms furnished by the commissioner, containing such
information on number of cases cited to the juvenile division of district court, offenses,
adjudications, dispositions, and related matters as may be required by the commissioner of
corrections. The reports shall include the information on individuals convicted as an extended
jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c).
Subd. 5.
Compensation.
In counties of more than 200,000 population, a majority of the
judges of the district court may direct the payment of such salary to probation officers as
may be approved by the county board, and in addition thereto shall be reimbursed for all
necessary expenses incurred in the performance of their official duties. In all counties which
obtain probation services from the commissioner of corrections the commissioner shall, out
of appropriations provided therefor, pay probation officers the salary and all benefits fixed
by the state law or applicable bargaining unit and all necessary expenses, including secretarial
service, office equipment and supplies, postage, telephone and telegraph services, and travel
and subsistence. Each county receiving probation services from the commissioner of
corrections shall reimburse the department of corrections for the total cost and expenses of
such services as incurred by the commissioner of corrections. deleted text begin Total annual costs for each
county shall be that portion of the total costs and expenses for the services of one probation
officer represented by the ratio which the county's population bears to the total population
served by one officer. For the purposes of this section, the population of any county shall
be the most recent estimate made by the Department of Health.deleted text end At least every six months
the commissioner of corrections shall bill for the total cost and expenses incurred by the
commissioner on behalf of each county which has received probation services. The
commissioner of corrections shall notify each county of the cost and expenses and the county
shall pay to the commissioner the amount due for reimbursement. All such reimbursements
shall be deposited in the general fund. Objections by a county to all allocation of such cost
and expenses shall be presented to and determined by the commissioner of corrections.
Each county providing probation services under this section is hereby authorized to use
unexpended funds and to levy additional taxes for this purpose.
The county commissioners of any county of not more than 200,000 population shall,
when requested to do so by the juvenile judge, provide probation officers with suitable
offices, and may provide equipment, and secretarial help needed to render the required
services.
Subd. 6.
Reimbursement of countiesnew text begin or Tribal Nationsnew text end .
In order to reimburse the
countiesnew text begin or a Tribal Nationnew text end for the cost which they assume under this section of providing
probation and parole services to wards of the commissioner of corrections and to aid the
counties in achieving the purposes of this section, the commissioner of corrections shall
annually, from funds appropriated new text begin and specifically new text end for deleted text begin that purposedeleted text end new text begin counties or a Tribal
Nationnew text end , pay 50 percent of the costs of probation officers' salaries to all counties of not more
than 200,000 population. Nothing in this section will invalidate any payments to counties
made pursuant to this section before May 15, 1963. Salary costs include fringe benefits, but
only to the extent that fringe benefits do not exceed those provided for state civil service
employees. On or before July 1 of each even-numbered year each county or group of countiesnew text begin
or Tribal Nationsnew text end which provide their own probation services to the district court under
subdivision 1, clause (1) or (2), shall submit to the commissioner of corrections an estimate
of its costs under this section. Reimbursement to those countiesnew text begin or Tribal Nationsnew text end shall be
made on the basis of the estimate or actual expenditures incurred, whichever is less.
Reimbursement for those counties which obtain probation services from the commissioner
of corrections pursuant to subdivision 1, clause (3), must be made on the basis of actual
expenditures. Salary costs shall not be reimbursed unless county probation officersnew text begin or Tribal
Nationsnew text end are paid salaries commensurate with the salaries paid to comparable positions in
the classified service of the state civil service. The salary range to which each county
probation officer is assigned shall be determined by the authority having power to appoint
probation officers, and shall be based on the officer's length of service and performance.
The appointing authority shall annually assign each countynew text begin or Tribal Nationnew text end probation officer
to a position on the salary scale commensurate with the officer's experience, tenure, and
responsibilities. new text begin For county provided probation officers, new text end the judge shall file with the county
auditor an order setting each county probation officer's salary. Time spent by a county
probation officer as a court referee shall not qualify for reimbursement. Reimbursement
shall be prorated if the appropriation new text begin for counties or Tribal Nations new text end is insufficient. A new
position eligible for reimbursement under this section may not be added by a county new text begin or
Tribal Nation new text end without the written approval of the commissioner of corrections. When a new
position is approved, the commissioner shall include the cost of the position in calculating
each county's new text begin or Tribal Nation's new text end share.
Subd. 7.
Certificate of counties entitled to state aid.
deleted text begin On or before January 1 of each
year, until 1970 anddeleted text end On or before April 1 deleted text begin thereafterdeleted text end new text begin each yearnew text end , the commissioner of
corrections shall deliver to the commissioner of management and budget a certificate in
duplicate for each county of the state entitled to receive state aid under the provisions of
this section. Upon the receipt of such certificate, the commissioner of management and
budget shall issue a payment to the county treasurer for the amount shown by each certificate
to be due to the county specified. The commissioner of management and budget shall
transmit such payment to the county treasurernew text begin or a Tribal Nationnew text end together with a copy of
the certificate prepared by the commissioner of corrections.
Subd. 8.
Exception.
This section shall not apply to Ramsey County.
Sec. 2.
Minnesota Statutes 2022, section 401.01, subdivision 1, is amended to read:
Subdivision 1.
Grants.
For the purpose of more effectively protecting society and to
promote efficiency and economy in the delivery of correctional services, the commissioner
is authorized to make grants to assist countiesnew text begin or Tribal Nationsnew text end in the development,
implementation, and operation of community-based corrections programs including
preventive or diversionary correctional programs, conditional release programs, community
corrections centers, and facilities for the detention or confinement, care and treatment of
persons convicted of crime or adjudicated delinquent. The commissioner may authorize the
use of a percentage of a grant for the operation of an emergency shelter or make a separate
grant for the rehabilitation of a facility owned by the grantee and used as a shelter to bring
the facility into compliance with state and local laws pertaining to health, fire, and safety,
and to provide security.
Sec. 3.
Minnesota Statutes 2022, section 401.01, subdivision 2, is amended to read:
Subd. 2.
Definitions.
(a) For the purposes of sections 401.01 to 401.16, the following
terms have the meanings given them.
(b) deleted text begin "CCA county"deleted text end new text begin "CCA jurisdiction"new text end means a county new text begin or Tribal Nation new text end that participates
in the Community Corrections Act.
(c) "Commissioner" means the commissioner of corrections or a designee.
(d) "Conditional release" means parole, supervised release, conditional release as
authorized by section 609.3455, subdivision 6, 7, or 8; Minnesota Statutes 2004, section
609.108, subdivision 6; or Minnesota Statutes 2004, section 609.109, subdivision 7, work
release as authorized by sections 241.26, 244.065, and 631.425, probation, furlough, and
any other authorized temporary release from a correctional facility.
(e) "County probation officer" means a probation officer appointed new text begin and defined new text end under
section 244.19.
(f) "Detain" means to take into actual custody, including custody within a local
correctional facility.
(g) "Joint board" means the board provided in section 471.59.
(h) "Local correctional facility" has the meaning given in section 241.021, subdivision
1.
(i) "Local correctional service" means those services authorized by and employees,
officers, and agents appointed under section 244.19, subdivision 1.
(j) "Release" means to release from actual custody.
new text begin
(k) "Tribal Nation" means a federally recognized Tribal Nation within the boundaries
of the state of Minnesota.
new text end
Sec. 4.
Minnesota Statutes 2022, section 401.02, subdivision 1, is amended to read:
Subdivision 1.
Qualification of countiesnew text begin or Tribal nationnew text end .
(a) One or more countiesdeleted text begin ,
having an aggregate population of 30,000 or more persons,deleted text end new text begin or Tribal nationsnew text end may qualify
for a grant as provided in section 401.01 by the enactment of appropriate resolutions creating
and establishing a corrections advisory board, designating the officer or agency to be
responsible for administering grant funds, and providing for the preparation of a
comprehensive plan for the development, implementationnew text begin ,new text end and operation of the correctional
services described in section 401.01, including the assumption of those correctional services,
other than the operation of state facilities, presently provided in such counties by the
Department of Corrections,new text begin or for Tribal nations, probation services within a Tribal nation,new text end
and providing for centralized administration and control of those correctional services
described in section 401.01.
Where counties combine as authorized in this section, they shall comply with the
provisions of section 471.59.
(b) A county that has participated in the Community Corrections Act for five or more
years is eligible to continue to participate in the Community Corrections Act.
Sec. 5.
Minnesota Statutes 2022, section 401.02, subdivision 2, is amended to read:
Subd. 2.
Planning counties; advisory board members expenses.
To assist countiesnew text begin
or Tribal nationsnew text end which have complied with the provisions of subdivision 1 and require
financial aid to defray all or a part of the expenses incurred by corrections advisory board
members in discharging their official duties pursuant to section 401.08, the commissioner
may designate countiesnew text begin or Tribal nationsnew text end as "planning counties", and, upon receipt of
resolutions by the governing boards of the countiesnew text begin or Tribal nationsnew text end certifying the need for
and inability to pay the expenses described in this subdivision, advance to the countiesnew text begin or
Tribal nationsnew text end an amount not to exceed five percent of the maximum quarterly subsidy for
which the countiesnew text begin or Tribal nationsnew text end are eligible. The expenses described in this subdivision
shall be paid in the same manner and amount as for state employees.
Sec. 6.
Minnesota Statutes 2022, section 401.02, subdivision 3, is amended to read:
Subd. 3.
Establishment and reorganization of administrative structure.
Any countynew text begin ,
Tribal nation,new text end or group of counties which have qualified for participation in the community
corrections subsidy program provided by this chapter may establish, organize, and reorganize
an administrative structure and provide for the budgeting, staffing, and operation of court
services and probation, construction or improvement to juvenile detention and juvenile
correctional facilities and adult detention and correctional facilities, and other activities
required to conform to the purposes of this chapter. No contrary general or special statute
divests any county or group of counties of the authority granted by this subdivision.
Sec. 7.
Minnesota Statutes 2022, section 401.025, is amended to read:
401.025 DETENTION AND RELEASE; PROBATIONERS, CONDITIONAL
RELEASEES, AND PRETRIAL RELEASEES.
Subdivision 1.
Peace officers and probation officers serving CCA deleted text begin countiesdeleted text end new text begin
jurisdictionsnew text end .
(a) When it appears necessary to enforce discipline or to prevent a person on
conditional release from escaping or absconding from supervision, the chief executive
officer or designee of a community corrections agency in a CCA deleted text begin countydeleted text end new text begin jurisdictionnew text end has
the authority to issue a written order directing any peace officer or any probation officer in
the state serving the district and juvenile courts to detain and bring the person before the
court or the commissioner, whichever is appropriate, for disposition. This written order is
sufficient authority for the peace officer or probation officer to detain the person for not
more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing before
the court or the commissioner.
(b) The chief executive officer or designee of a community corrections agency in a CCA
deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing a peace officer or
probation officer serving the district and juvenile courts to release a person detained under
paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without an
appearance before the court or the commissioner. This written order is sufficient authority
for the peace officer or probation officer to release the detained person.
(c) The chief executive officer or designee of a community corrections agency in a CCA
deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing any peace officer or
any probation officer serving the district and juvenile courts to detain any person on
court-ordered pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release. A written order issued under this paragraph is sufficient
authority for the peace officer or probation officer to detain the person.
Subd. 2.
Peace officers and probation officers in other counties and state correctional
investigators.
(a) The chief executive officer or designee of a community corrections agency
in a CCA deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing any state
correctional investigator or any peace officer, probation officer, or county probation officer
from another county to detain a person under sentence or on probation who:
(1) fails to report to serve a sentence at a local correctional facility;
(2) fails to return from furlough or authorized temporary release from a local correctional
facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(b) The chief executive officer or designee of a community corrections agency in a CCA
deleted text begin countydeleted text end new text begin jurisdictionnew text end has the authority to issue a written order directing any state correctional
investigator or any peace officer, probation officer, or county probation officer from another
county to detain any person on court-ordered pretrial release who absconds from pretrial
release or fails to abide by the conditions of pretrial release.
(c) A written order issued under paragraph (a) or (b) is sufficient authority for the state
correctional investigator, peace officer, probation officer, or county probation officer to
detain the person.
Subd. 3.
Offenders under Department of Corrections commitment.
CCA deleted text begin countiesdeleted text end new text begin
jurisdictionsnew text end shall comply with the policies prescribed by the commissioner when providing
supervision and other correctional services to persons conditionally released pursuant to
sections 241.26, 242.19, 243.05, 243.1605, 244.05, and 244.065, including intercounty
transfer of persons on conditional release and the conduct of presentence investigations.
Sec. 8.
Minnesota Statutes 2022, section 401.04, is amended to read:
401.04 ACQUISITION OF PROPERTY; SELECTION OF ADMINISTRATIVE
STRUCTURE; EMPLOYEES.
Any county deleted text begin ordeleted text end new text begin ,new text end group of countiesnew text begin , or Tribal nationnew text end electing to come within the provisions
of sections 401.01 to 401.16 may (a) acquire by any lawful means, including purchase, lease
or transfer of custodial control, the lands, buildings and equipment necessary and incident
to the accomplishment of the purposes of sections 401.01 to 401.16, (b) determine and
establish the administrative structure best suited to the efficient administration and delivery
of the correctional services described in section 401.01, and (c) employ a director and other
officers, employees and agents as deemed necessary to carry out the provisions of sections
401.01 to 401.16. To the extent that participating counties shall assume and take over state
and local correctional services presently provided in counties, employment shall be given
to those state and local officers, employees and agents thus displaced; if hired by a county,
employment shall, to the extent possible and notwithstanding the provisions of any other
law or ordinance to the contrary, be deemed a transfer in grade with all of the benefits
enjoyed by such officer, employee or agent while in the service of the state or local
correctional service.
State or local employees displaced by county participation in the subsidy program
provided by this chapter are on layoff status and, if not hired by a participating county as
provided herein, may exercise their rights under layoff procedures established by law or
union agreement whichever is applicable.
State or local officers and employees displaced by a county's participation in the
Community Corrections Act and hired by the participating county shall retain all fringe
benefits and recall from layoff benefits accrued by seniority and enjoyed by them while in
the service of the state.
Sec. 9.
Minnesota Statutes 2022, section 401.05, subdivision 1, is amended to read:
Subdivision 1.
Authorization to use and accept funds.
Any deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end
or group of counties electing to come within the provisions of sections 401.01 to 401.16
may, through their governing bodies, use unexpended funds; accept gifts, grants, and
subsidies from any lawful source; and apply for and accept federal funds.
Sec. 10.
Minnesota Statutes 2022, section 401.06, is amended to read:
401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.
No countynew text begin , Tribal nation,new text end or group of counties electing to provide correctional services
pursuant to sections 401.01 to 401.16 shall be eligible for the subsidy herein provided unless
and until its comprehensive plan shall have been approved by the commissioner. The
commissioner shall, pursuant to the Administrative Procedure Act, promulgate rules
establishing standards of eligibility for countiesnew text begin or Tribal nationsnew text end to receive funds under
sections 401.01 to 401.16. To remain eligible for subsidy deleted text begin countiesdeleted text end new text begin CCA jurisdictionsnew text end shall
maintain substantial compliance with the minimum standards established pursuant to sections
401.01 to 401.16 and the policies and procedures governing the services described in section
401.025 as prescribed by the commissioner. Counties shall also be in substantial compliance
with other correctional operating standards permitted by law and established by the
commissioner and shall report statistics required by the commissioner including but not
limited to information on individuals convicted as an extended jurisdiction juvenile identified
in section 241.016, subdivision 1, paragraph (c). The commissioner shall review annually
the comprehensive plans submitted by participating deleted text begin countiesdeleted text end new text begin CCA jurisdictionsnew text end , including
the facilities and programs operated under the plans. The commissioner is hereby authorized
to enter upon any facility operated under the plan, and inspect books and records, for purposes
of recommending needed changes or improvements.
When the commissioner shall determine that there are reasonable grounds to believe
that a deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end or group of counties is not in substantial compliance with
minimum standards, at least 30 days' notice shall be givennew text begin tonew text end the deleted text begin county or countiesdeleted text end new text begin CCA
jurisdictionnew text end and a hearing conducted by the commissioner to ascertain whether there is
substantial compliance or satisfactory progress being made toward compliance. The
commissioner may suspend all or a portion of any subsidy until the required standard of
operation has been met.
Sec. 11.
Minnesota Statutes 2022, section 401.08, subdivision 2, is amended to read:
Subd. 2.
Appointment; terms.
The members of the corrections advisory board shall be
appointed by the board of county commissioners deleted text begin ordeleted text end new text begin ,new text end the joint board in the case of multiple
countiesnew text begin , or a Tribal nationnew text end and shall serve for terms of two years from and after the date
of their appointment, and shall remain in office until their successors are duly appointed.
The board may elect its own officers.
Sec. 12.
Minnesota Statutes 2022, section 401.08, subdivision 4, is amended to read:
Subd. 4.
Comprehensive plan.
The corrections advisory board provided in sections
401.01 to 401.16, shall actively participate in the formulation of the comprehensive plan
for the development, implementation, and operation of the correctional program and services
described in section 401.01, and shall make a formal recommendation to the county boardnew text begin ,
Tribal government,new text end or joint board at least annually concerning the comprehensive plan and
its implementation during the ensuing year.
Sec. 13.
Minnesota Statutes 2022, section 401.09, is amended to read:
401.09 OTHER SUBSIDY PROGRAMS; PURCHASE OF STATE SERVICES.
Failure of a deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end or group of counties to elect to come within the
provisions of sections 401.01 to 401.16 shall not affect their eligibility for any other state
subsidy for correctional purposes otherwise provided by law. Any comprehensive plan
submitted pursuant to sections 401.01 to 401.16 may include the purchase of selected
correctional services from the state by contract, including the temporary detention and
confinement of persons convicted of crime or adjudicated delinquent; confinement to be in
an appropriate state facility as otherwise provided by law. The commissioner shall annually
determine the costs of the purchase of services under this section and deduct them from the
subsidy due and payable to the county or counties concerned; provided that no contract
shall exceed in cost the amount of subsidy to which the participating county or counties are
eligible.
Sec. 14.
Minnesota Statutes 2022, section 401.10, subdivision 1, is amended to read:
Subdivision 1.
Aid calculations.
To determine the community corrections aid amount
to be paid to each participating county, the commissioner of corrections must apply the
following formula:
(1) For each of the 87 counties in the state, a percent score must be calculated for each
of the following five factors:
(i) percent of the total state population aged ten to 24 residing within the county according
to the most recent federal census, and, in the intervening years between the taking of the
federal census, according to the most recent estimate of the state demographer;
(ii) percent of the statewide total number of felony case filings occurring within the
county, as determined by the state court administrator;
(iii) percent of the statewide total number of juvenile case filings occurring within the
county, as determined by the state court administrator;
(iv) percent of the statewide total number of gross misdemeanor case filings occurring
within the county, as determined by the state court administrator; and
(v) percent of the total statewide number of convicted felony offenders who did not
receive an executed prison sentence, as monitored and reported by the Sentencing Guidelines
Commission.
The percents in items (ii) to (v) must be calculated by combining the most recent
three-year period of available data. The percents in items (i) to (v) each must sum to 100
percent across the 87 counties.
(2) For each of the 87 counties, the county's percents in clause (1), items (i) to (v), must
be weighted, summed, and divided by the sum of the weights to yield an average percent
for each county, referred to as the county's "composite need percent." When performing
this calculation, the weight for each of the percents in clause (1), items (i) to (v), is 1.0. The
composite need percent must sum to 100 percent across the 87 counties.
(3) For each of the 87 counties, the county's "adjusted net tax capacity percent" is the
county's adjusted net tax capacity amount, defined in the same manner as it is defined for
cities in section 477A.011, subdivision 20, divided by the statewide total adjusted net tax
capacity amount. The adjusted net tax capacity percent must sum to 100 percent across the
87 counties.
(4) For each of the 87 counties, the county's composite need percent must be divided by
the county's adjusted net tax capacity percent to produce a ratio that, when multiplied by
the county's composite need percent, results in the county's "tax base adjusted need percent."
(5) For each of the 87 counties, the county's tax base adjusted need percent must be
added to twice the composite need percent, and the sum must be divided by 3, to yield the
county's "weighted need percent."
(6) Each participating county's weighted need percent must be added to the weighted
need percent of each other participating county to yield the "total weighted need percent
for participating counties."
(7) Each participating county's weighted need percent must be divided by the total
weighted need percent for participating counties to yield the county's "share percent." The
share percents for participating counties must sum to 100 percent.
(8) Each participating county's "base funding amount" is the aid amount that the county
received under this section for fiscal year 1995 plus the amount received in caseload or
workload reduction, felony caseload reduction, and sex offender supervision grants in fiscal
year 2015, as reported by the commissioner of corrections. In fiscal year 1997 and thereafter,
no county's aid amount under this section may be less than its base funding amount, provided
that the total amount appropriated for this purpose is at least as much as the aggregate base
funding amount defined in clause (9).
(9) The "aggregate base funding amount" is equal to the sum of the base funding amounts
for all participating counties. If a county that participated under this section chooses not to
participate in any given year, then the aggregate base funding amount must be reduced by
that county's base funding amount. If a county that did not participate under this section in
fiscal year 1995 chooses to participate on or after July 1, 2015, then the aggregate base
funding amount must be increased by the amount of aid that the county would have received
had it participated in fiscal year 1995 plus the estimated amount it would have received in
caseload or workload reduction, felony caseload reduction, and sex offender supervision
grants in fiscal year 2015, as reported by the commissioner of corrections, and the amount
of increase shall be that county's base funding amount.
(10) In any given year, the total amount appropriated for this purpose first must be
allocated to participating counties in accordance with each county's base funding amount.
Then, any remaining amount in excess of the aggregate base funding amount must be
allocated to participating counties in proportion to each county's share percent, and is referred
to as the county's "formula amount."
Each participating county's "community corrections aid amount" equals the sum of (i)
the county's base funding amount, and (ii) the county's formula amount.
(11) However, if in any year the total amount appropriated for the purpose of this section
is less than the aggregate base funding amount, then each participating county's community
corrections aid amount is the product of (i) the county's base funding amount multiplied by
(ii) the ratio of the total amount appropriated to the aggregate base funding amount.
For each participating county, the county's community corrections aid amount calculated
in this subdivision is the total amount of subsidy to which the county is entitled under
sections 401.01 to 401.16.
new text begin
For each Tribal nation, a base funding amount of $250,000 is allotted annually through
legislative appropriation to each Tribal nation to purchase probation services regardless of
a CCA jurisdiction. An additional formula amount as appropriated through legislation must
be developed and approved by the commissioner for equitable distribution for Tribal nations
under a CCA jurisdiction.
new text end
Sec. 15.
Minnesota Statutes 2022, section 401.12, is amended to read:
401.12 CONTINUATION OF CURRENT SPENDING LEVEL BY COUNTIES.
Participating countiesnew text begin or Tribal nationsnew text end shall not diminish their current level of spending
for correctional expenses as defined in section 401.01, to the extent of any subsidy received
pursuant to sections 401.01 to 401.16; rather the subsidy herein provided is for the
expenditure for correctional purposes in excess of those funds currently being expended.
Should a participating deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end be unable to expend the full amount of the
subsidy to which it would be entitled in any one year under the provisions of sections 401.01
to 401.16, the commissioner shall retain the surplus, subject to disbursement in the following
year wherein such deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end can demonstrate a need for and ability to expend
same for the purposes provided in section 401.01. If in any biennium the subsidy is increased
by an inflationary adjustment which results in the deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end receiving more
actual subsidy than it did in the previous calendar year, the deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end shall
be eligible for that increase only if the current level of spending is increased by a percentage
equal to that increase within the same biennium.
Sec. 16.
Minnesota Statutes 2022, section 401.14, subdivision 1, is amended to read:
Subdivision 1.
Payment.
Upon compliance by a deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end or group of
counties with the prerequisites for participation in the subsidy prescribed by sections 401.01
to 401.16, and approval of the comprehensive plan by the commissioner, the commissioner
shall determine whether funds exist for the payment of the subsidy and proceed to pay same
in accordance with applicable rules.
Sec. 17.
Minnesota Statutes 2022, section 401.14, subdivision 3, is amended to read:
Subd. 3.
Installment payments.
The commissioner of corrections shall make payments
for community corrections services to each deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end in 12 installments per
year. The commissioner shall ensure that the pertinent payment of the allotment for each
month is made to each county on the first working day after the end of each month of the
calendar year, except for the last month of the calendar year. The commissioner shall ensure
that each deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end receives its payment of the allotment for that month no
later than the last working day of that month. The payment described in this subdivision for
services rendered during June 1985 shall be made on the first working day of July 1985.
Sec. 18.
Minnesota Statutes 2022, section 401.15, subdivision 1, is amended to read:
Subdivision 1.
Certified statements; determinations; adjustments.
Within 60 days
of the end of each calendar quarter, participating deleted text begin countiesdeleted text end new text begin CCA jurisdictionsnew text end which have
received the payments authorized by section 401.14 shall submit to the commissioner
certified statements detailing the amounts expended and costs incurred in furnishing the
correctional services provided in sections 401.01 to 401.16. Upon receipt of certified
statements, the commissioner shall, in the manner provided in sections 401.10 and 401.12,
determine the amount each participating county is entitled to receive, making any adjustments
necessary to rectify any disparity between the amounts received pursuant to the estimate
provided in section 401.14 and the amounts actually expended. If the amount received
pursuant to the estimate is greater than the amount actually expended during the quarter,
the commissioner may withhold the difference from any subsequent monthly payments
made pursuant to section 401.14. Upon certification by the commissioner of the amount a
participating deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end is entitled to receive under the provisions of section
401.14 or of this subdivision the commissioner of management and budget shall thereupon
issue a payment to the chief fiscal officer of each participating deleted text begin countydeleted text end new text begin CCA jurisdictionnew text end for
the amount due together with a copy of the certificate prepared by the commissioner.
Sec. 19.
Minnesota Statutes 2022, section 401.16, is amended to read:
401.16 WITHDRAWAL FROM PROGRAM.
Any participating deleted text begin county may,deleted text end new text begin (1) CCA jurisdictionnew text end at the beginning of any calendar
quarterdeleted text begin ,deleted text end by resolution of its board of commissioners,new text begin or (2) Tribal council maynew text end notify the
commissioner of its intention to withdraw from the subsidy program established by sections
401.01 to 401.16, and the withdrawal shall be effectivenew text begin at least six months ofnew text end the last day
of the last month of the quarter in which the notice was given. Upon withdrawal, the
unexpended balance of moneys allocated to the county, or that amount necessary to reinstate
state correctional services displaced by that county's participation, including complement
positions, may, upon approval of the legislative advisory commission, be transferred to the
commissioner for the reinstatement of the displaced services and the payment of any other
correctional subsidies for which the withdrawing county had previously been eligible.
ARTICLE 3
PUBLIC SAFETY
Section 1.
Minnesota Statutes 2022, section 169A.44, is amended to read:
169A.44 CONDITIONAL RELEASE.
Subdivision 1.
Nonfelony violations.
(a) This subdivision applies to a person charged
with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).
(b)new text begin Except as provided in subdivision 3,new text end unless maximum bail is imposed under section
629.471, a person described in paragraph (a) may be released from detention only if the
person agrees to:
(1) abstain from alcohol; and
(2) submit to a program of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge.
Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court. The court shall require partial or total reimbursement from the person for the cost
of the electronic alcohol monitoring, to the extent the person is able to pay.
Subd. 2.
Felony violations.
(a)new text begin Except as provided in subdivision 3,new text end a person charged
with violating section 169A.20 within ten years of the first of three or more qualified prior
impaired driving incidents may be released from detention only if the following conditions
are imposed:
(1) the conditions described in subdivision 1, paragraph (b), if applicable;
(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;
(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a
motorboat, the impoundment of the off-road recreational vehicle or motorboat;
(4) a requirement that the person report weekly to a probation agent;
(5) a requirement that the person abstain from consumption of alcohol and controlled
substances and submit to random alcohol tests or urine analyses at least weekly;
(6) a requirement that, if convicted, the person reimburse the court or county for the
total cost of these services; and
(7) any other conditions of release ordered by the court.
(b) In addition to setting forth conditions of release under paragraph (a), if required by
court rule, the court shall also fix the amount of money bail without other conditions upon
which the defendant may obtain release.
new text begin Subd. 3. new text end
new text begin Exception; ignition interlock program. new text end
new text begin
(a) A court is not required, either
when initially reviewing a person's release or when modifying the terms of the person's
release, to order a person charged with violating section 169A.24 (first-degree driving while
impaired), 169A.25 (second-degree driving while impaired), or 169A.26 (third-degree
driving while impaired) to submit to a program of electronic alcohol monitoring under
subdivision 1 or 2 if the person becomes a program participant in the ignition interlock
program under section 171.306.
new text end
new text begin
(b) A judicial officer, county agency, or probation office may not require or suggest that
the person use a particular ignition interlock vendor when complying with this subdivision
but may provide the person with a list of all Minnesota vendors of certified devices.
new text end
new text begin
(c) Paragraph (b) does not apply in counties where a contract exists for a specific vendor
to provide interlock device service for program participants who are indigent pursuant to
section 171.306, subdivision 2, paragraph (b), clause (1).
new text end
Sec. 2.
Minnesota Statutes 2022, section 169A.60, subdivision 2, is amended to read:
Subd. 2.
Plate impoundment violation; impoundment order.
(a) The commissioner
shall issue a registration plate impoundment order when:
(1) a person's driver's license or driving privileges are revoked for a plate impoundment
violation;
(2) a person is arrested for or charged with a plate impoundment violation described in
subdivision 1, paragraph (d), clause (5); or
(3) a person issued new registration plates pursuant to subdivision 13, paragraph (f),
violates the terms of the ignition interlock program as described in subdivision 13, paragraph
(g).
(b) The order must require the impoundment of the registration plates of the motor
vehicle involved in the plate impoundment violation deleted text begin and all motor vehicles owned by,
registered, or leased in the name of the violator, including motor vehicles registered jointly
or leased in the name of the violator and anotherdeleted text end . The commissioner shall not issue an
impoundment order for the registration plates of a rental vehicle, as defined in section
168.041, subdivision 10, or a vehicle registered in another state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to acts
occurring on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2022, section 171.306, is amended by adding a subdivision to
read:
new text begin Subd. 9. new text end
new text begin Choice of vendor. new text end
new text begin
(a) A judicial officer, county agency, or probation office
may not require or suggest that a person participating in the ignition interlock device program
under this section use a particular ignition interlock vendor but may provide the person with
a list of all Minnesota vendors of certified devices.
new text end
new text begin
(b) Paragraph (a) does not apply in counties where a contract exists for a specific vendor
to provide interlock device service for program participants who are indigent pursuant to
subdivision 2, paragraph (b), clause (1).
new text end
Sec. 4.
Minnesota Statutes 2022, section 299F.46, subdivision 1, is amended to read:
Subdivision 1.
Hotel inspection.
(a) It shall be the duty of the commissioner of public
safety to inspect, or cause to be inspected, at least once every three years, every hotel in
this state; and, for that purpose, the commissioner, or the commissioner's deputies or
designated alternates or agents, shall have the right to enter or have access thereto at any
reasonable hour; and, when, upon such inspection, it shall be found that the hotel so inspected
does not conform to or is not being operated in accordance with the provisions of sections
157.011 and 157.15 to 157.22, in so far as the same relate to fire prevention or fire protection
of hotels, or the rules promulgated thereunder, or is being maintained or operated in such
manner as to violate the Minnesota State Fire Code promulgated pursuant to section 326B.02,
subdivision 6, new text begin 299F.51, new text end or any other law of this state relating to fire prevention and fire
protection of hotels, the commissioner and the deputies or designated alternates or agents
shall report such a situation to the hotel inspector who shall proceed as provided for in
chapter 157.
(b) The word "hotel", as used in this subdivision, has the meaning given in section
299F.391.
Sec. 5.
Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to
read:
new text begin Subd. 11. new text end
new text begin Hotel. new text end
new text begin
"Hotel" means any building, or portion thereof, containing six or more
guest rooms intended or designed to be used, or which are used, rented, or hired out to be
occupied, or which are occupied for sleeping purposes by guests.
new text end
Sec. 6.
Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to
read:
new text begin Subd. 12. new text end
new text begin Lodging house. new text end
new text begin
"Lodging house" means any building, or portion thereof,
containing not more than five guest rooms which are used or are intended to be used for
sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.
new text end
Sec. 7.
Minnesota Statutes 2022, section 299F.51, subdivision 1, is amended to read:
Subdivision 1.
Generally.
new text begin (a) new text end Every deleted text begin single familydeleted text end new text begin single-familynew text end dwelling and every
dwelling unit in a multifamily dwelling must have an approved and operational carbon
monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.
new text begin
(b) Every guest room in a hotel or lodging house must have an approved and operational
carbon monoxide alarm installed in each room lawfully used for sleeping purposes.
new text end
Sec. 8.
Minnesota Statutes 2022, section 299F.51, subdivision 2, is amended to read:
Subd. 2.
Owner's duties.
new text begin (a) new text end The owner of a multifamily dwelling unit which is required
to be equipped with one or more approved carbon monoxide alarms must:
(1) provide and install one approved and operational carbon monoxide alarm within ten
feet of each room lawfully used for sleeping; and
(2) replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy of the dwelling unit and which
has not been replaced by the prior occupant prior to the commencement of a new occupancy
of a dwelling unit.
new text begin
(b) The owner of a hotel or lodging house that is required to be equipped with one or
more approved carbon monoxide alarms must:
new text end
new text begin
(1) provide and install one approved and operational carbon monoxide alarm in each
room lawfully used for sleeping; and
new text end
new text begin
(2) replace any required carbon monoxide alarm that has been stolen, removed, found
missing, or rendered inoperable during a prior occupancy and that has not been replaced by
the prior occupant prior to the commencement of a new occupancy of a hotel guest room
or lodging house.
new text end
Sec. 9.
Minnesota Statutes 2022, section 299F.51, subdivision 5, is amended to read:
Subd. 5.
Exceptions; certain multifamily dwellings and state-operated facilities.
(a)
In lieu of requirements of subdivision 1, multifamily dwellings may have approved and
operational carbon monoxide deleted text begin alarmsdeleted text end new text begin detectorsnew text end installed between 15 and 25 feet of carbon
monoxide-producing central fixtures and equipment, provided there is a centralized alarm
system or other mechanism for responsible parties to hear the alarm at all times.
(b) An owner of a multifamily dwelling that contains minimal or no sources of carbon
monoxide may be exempted from the requirements of subdivision 1, provided that such
owner certifies to the commissioner of public safety that such multifamily dwelling poses
no foreseeable carbon monoxide risk to the health and safety of the dwelling units.
(c) The requirements of this section do not apply to facilities owned or operated by the
state of Minnesota.
Sec. 10.
Minnesota Statutes 2022, section 299F.51, is amended by adding a subdivision
to read:
new text begin Subd. 6. new text end
new text begin Safety warning. new text end
new text begin
A first violation of this section shall not result in a penalty,
but is punishable by a safety warning. A second or subsequent violation is a petty
misdemeanor.
new text end
Sec. 11.
Minnesota Statutes 2022, section 326.3361, subdivision 2, is amended to read:
Subd. 2.
Required contents.
The rules adopted by the board must require:
(1) 12 hours of preassignment or on-the-job certified training within the first 21 days of
employment, or evidence that the employee has successfully completed equivalent training
before the start of employmentnew text begin . Notwithstanding any statute or rule to the contrary, this
clause is satisfied if the employee provides a prospective employer with a certificate or a
copy of a certificate demonstrating that the employee successfully completed this training
prior to employment with a different Minnesota licensee and completed this training within
three previous calendar years, or successfully completed this training with a Minnesota
licensee while previously employed with a Minnesota licensee. The certificate or a copy of
the certificate is the property of the employee who completed the training, regardless of
who paid for the training or how training was provided. Upon a current or former employee's
request, a current or former licensed employer must provide a copy of a certificate
demonstrating the employee's successful completion of training to the current or former
employee. The current or former licensed employer must not charge the employee a fee for
a copy of the certificate. The employee who completed the training is entitled to access a
copy of the certificate at no charge according to sections 181.960 to 181.966. A current or
former employer must comply with sections 181.90 to 181.966new text end ;
(2) certification by the board of completion of certified training for a license holder,
qualified representative, Minnesota manager, partner, and employee to carry or use a firearm,
a weapon other than a firearm, or an immobilizing or restraint technique; and
(3) six hours a year of certified continuing training for all license holders, qualified
representatives, Minnesota managers, partners, and employees, and an additional six hours
a year for individuals who are armed with firearms or armed with weapons, which must
include annual certification of the individual.
An individual may not carry or use a weapon while undergoing on-the-job training under
this subdivision.
Sec. 12.
Minnesota Statutes 2022, section 609.2247, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Medical examination; costs. new text end
new text begin
Costs incurred by a county, city, or private hospital
or other emergency medical facility or by a private physician for the examination of a victim
of domestic assault by strangulation when the examination is performed for the purpose of
gathering evidence are subject to the payment and reimbursement provisions in section
609.35.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
ARTICLE 4
LAW ENFORCEMENT
Section 1.
new text begin
[626.5535] CARJACKING; REPORTING REQUIRED.
new text end
new text begin Subdivision 1. new text end
new text begin Definition. new text end
new text begin
For purposes of this section, "carjacking" means a violation
of section 609.247.
new text end
new text begin Subd. 2. new text end
new text begin Use of information collected. new text end
new text begin
(a) The head of a local law enforcement agency
or state law enforcement department that employs peace officers, as defined in section
626.84, subdivision 1, paragraph (c), must forward the following carjacking information
from the agency's or department's jurisdiction to the commissioner of public safety at least
quarterly each year:
new text end
new text begin
(1) the number of carjacking attempts;
new text end
new text begin
(2) the number of carjackings;
new text end
new text begin
(3) the number of persons injured in each offense;
new text end
new text begin
(4) the number of persons killed in each offense; and
new text end
new text begin
(5) weapons used in each offense, if any.
new text end
new text begin
(b) The commissioner of public safety must include the data received under paragraph
(a) in a separate carjacking category in the department's annual uniform crime report.
new text end
Sec. 2.
Minnesota Statutes 2022, section 626.8452, is amended by adding a subdivision
to read:
new text begin Subd. 1b. new text end
new text begin Prohibition against retaliation; employers. new text end
new text begin
(a) A law enforcement agency
shall not discharge, discipline, threaten, retaliate, otherwise discriminate against, or penalize
a peace officer regarding the officer's compensation, terms, conditions, location, or privileges
of employment because the officer interceded or made a report in compliance with section
626.8475 or a policy adopted under subdivision 1a regarding another employee or peace
officer who used excessive force.
new text end
new text begin
(b) A court may order the law enforcement agency to pay back wages and offer job
reinstatement to any officer discharged from employment in violation of paragraph (a).
new text end
new text begin
(c) In addition to any remedies otherwise provided by law, a peace officer injured by a
violation of paragraph (a) may bring a civil action for recovery of damages together with
costs and disbursements, including reasonable attorney fees, and may receive injunctive
and other equitable relief, including reinstatement, as determined by the court.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action occurring on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2022, section 626.8452, is amended by adding a subdivision
to read:
new text begin Subd. 1c. new text end
new text begin Prohibition against retaliation; fellow officers. new text end
new text begin
(a) A peace officer or
employee of a law enforcement agency may not threaten, harass, retaliate, or otherwise
discriminate against a peace officer because the officer interceded or made a report in
compliance with section 626.8475 or a policy adopted under subdivision 1a regarding
another employee or peace officer who used excessive force.
new text end
new text begin
(b) A person who violates paragraph (a) is subject to disciplinary action as determined
by the chief law enforcement officer of the agency employing the person.
new text end
new text begin
(c) A peace officer who is the victim of conduct prohibited in paragraph (a) may bring
a civil action for recovery of damages together with costs and disbursements, including
reasonable attorney fees, and may receive injunctive and other equitable relief as determined
by the court.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to causes
of action occurring on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision
to read:
new text begin Subd. 4. new text end
new text begin Data to be shared with board. new text end
new text begin
(a) Upon receiving written notice that the board
is investigating any allegation of misconduct within its regulatory authority, a chief law
enforcement officer, city, county, or public official must cooperate with the board's
investigation and any data request from the board.
new text end
new text begin
(b) Upon written request from the board that a matter alleging misconduct within its
regulatory authority has occurred regarding a licensed peace officer, a chief law enforcement
officer, city, county, or public official shall provide the board with all requested public and
private data about alleged misconduct involving the licensed peace officer, including any
pending or final disciplinary or arbitration proceeding, any settlement or compromise, and
any investigative files including but not limited to body worn camera or other audio or video
files. Confidential data must also be disclosed when the board specifies that the particular
data is necessary to fulfill its investigatory obligation concerning an allegation of misconduct
within its regulatory authority.
new text end
new text begin
(c) If a licensed peace officer is discharged or resigns from employment after engaging
in any conduct that initiates and results in an investigation of alleged misconduct within the
board's regulatory authority, regardless of whether the licensee was criminally charged or
an administrative or internal affairs investigation was commenced or completed, a chief
law enforcement officer must report the conduct to the board and provide the board with
all public and not public data requested under paragraph (b). If the conduct involves the
chief law enforcement officer, the overseeing city, county, or public official must report
the conduct to the board and provide the board with all public and not public data requested
under paragraph (b).
new text end
new text begin
(d) Data obtained by the board shall be classified and governed as articulated in sections
13.03, subdivision 4, and 13.09, as applicable.
new text end
Sec. 5.
Minnesota Statutes 2022, section 626.8457, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Immunity from liability. new text end
new text begin
A chief law enforcement officer, city, county, or
public official and employees of the law enforcement agency are immune from civil or
criminal liability, including any liability under chapter 13, for reporting or releasing public
or not public data to the board under subdivisions 3 and 4, unless the chief law enforcement
officer, city, county, or public official or employees of the law enforcement agency presented
false information to the board with the intention of causing reputational harm to the peace
officer.
new text end
Sec. 6.
Minnesota Statutes 2022, section 626.87, is amended by adding a subdivision to
read:
new text begin Subd. 1a. new text end
new text begin Background checks. new text end
new text begin
(a) The law enforcement agency must request a criminal
history background check from the superintendent of the Bureau of Criminal Apprehension
on an applicant for employment as a licensed peace officer or an applicant for a position
leading to employment as a licensed peace officer within the state of Minnesota to determine
eligibility for licensing. Applicants must provide, for submission to the superintendent of
the Bureau of Criminal Apprehension:
new text end
new text begin
(1) an executed criminal history consent form, authorizing the dissemination of state
and federal records to the law enforcement agency and the Board of Peace Officer Standards
and Training and fingerprints; and
new text end
new text begin
(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.
new text end
new text begin
(b) The superintendent of the Bureau of Criminal Apprehension shall perform the
background check required under paragraph (a) by retrieving criminal history data as defined
in section 13.87 and shall also conduct a search of the national criminal records repository.
The superintendent is authorized to exchange the applicant's fingerprints with the Federal
Bureau of Investigation to obtain their national criminal history record information. The
superintendent must return the results of the Minnesota and federal criminal history records
checks to the law enforcement agency who is authorized to share with the Board of Peace
Officer Standards and Training to determine if the individual is eligible for licensing under
Minnesota Rules, chapter 6700.
new text end
Sec. 7.
Minnesota Statutes 2022, section 626.87, subdivision 2, is amended to read:
Subd. 2.
Disclosure of employment information.
Upon request of a law enforcement
agency, an employer shall disclose or otherwise make available for inspection employment
information of an employee or former employee who is the subject of an investigation under
subdivision 1new text begin or who is a candidate for employment with a law enforcement agency in any
other capacitynew text end . The request for disclosure of employment information must be in writing,
must be accompanied by an deleted text begin originaldeleted text end authorization and release signed by the employee or
former employee, and must be signed by deleted text begin a sworn peace officer or otherdeleted text end new text begin annew text end authorized
representative of the law enforcement agency conducting the background investigation.
Sec. 8.
Minnesota Statutes 2022, section 626.87, subdivision 3, is amended to read:
Subd. 3.
Refusal to disclose a personnel record.
If an employer refuses to disclose
employment information in accordance with this section, upon request the district court
may issue an ex parte order directing the disclosure of the employment information. The
request must be made by deleted text begin a sworn peace officerdeleted text end new text begin an authorized representativenew text end from the law
enforcement agency conducting the background investigation and must include a copy of
the deleted text begin originaldeleted text end request for disclosure made upon the employer or former employer and the
authorization and release signed by the employee or former employee. The request must be
signed by the deleted text begin peace officerdeleted text end new text begin personnew text end requesting the order and an attorney representing the
state or the political subdivision on whose behalf the background investigation is being
conducted. It is not necessary for the request or the order to be filed with the court
administrator. Failure to comply with the court order subjects the person new text begin or entity new text end who fails
to comply to civil or criminal contempt of court.
Sec. 9.
Minnesota Statutes 2022, section 626.87, subdivision 5, is amended to read:
Subd. 5.
Notice of investigation.
Upon initiation of a background investigation deleted text begin under
this sectiondeleted text end new text begin for a person described in subdivision 1new text end , the law enforcement agency shall give
written notice to the Peace Officer Standards and Training Board of:
(1) the candidate's full name and date of birth; and
(2) the candidate's peace officer license number, if known.
The initiation of a background investigation does not include the submission of an
application for employment. Initiation of a background investigation occurs when the law
enforcement agency begins its determination of whether an applicant meets the agency's
standards for employment as a law enforcement employee.
Sec. 10.
Minnesota Statutes 2022, section 626.90, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements
of clauses (1) to (4) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
a law enforcement agency function conferred by this section, to the same extent as a
municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05,
subdivision 7, to waive its sovereign immunity for purposes of claims of this liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or
certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount;
(3) the band files with the Board of Peace Officer Standards and Training a certificate
of insurance for liability of its law enforcement officers, employees, and agents for lawsuits
under the United States Constitution; and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating
to data practices of law enforcement agencies.
(b) The band deleted text begin shalldeleted text end new text begin may new text end enter into mutual aid/cooperative agreements with the Mille
Lacs County sheriff under section 471.59 to define and regulate the provision of law
enforcement services under this section. deleted text begin The agreements must define the trust property
involved in the joint powers agreement.
deleted text end
(c) new text begin Only if the requirements of paragraph (a) are met, new text end the band shall have concurrent
jurisdictional authority under this section with the Mille Lacs County Sheriff's Department
deleted text begin only if the requirements of paragraph (a) are met and under the following circumstances:
deleted text end
deleted text begin (1)deleted text end over all persons in the geographical boundaries of the deleted text begin property held by the United
States in trust for the Mille Lacs Band or the Minnesota Chippewa tribe;
deleted text end
deleted text begin (2) over all Minnesota Chippewa tribal members within the boundaries of thedeleted text end Treaty of
February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesotadeleted text begin ; anddeleted text end new text begin .
new text end
deleted text begin
(3) concurrent jurisdiction over any person who commits or attempts to commit a crime
in the presence of an appointed band peace officer within the boundaries of the Treaty of
February 22, 1855, 10 Stat. 1165, in Mille Lacs County, Minnesota.
deleted text end
Sec. 11.
Minnesota Statutes 2022, section 626.91, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The community has the powers of a law
enforcement agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the
requirements of clauses (1) to (4) are met:
(1) the community agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to the same extent as a
municipality under chapter 466, and the community further agrees, notwithstanding section
16C.05, subdivision 7, to waive its sovereign immunity with respect to claims arising from
this liability;
(2) the community files with the Board of Peace Officer Standards and Training a bond
or certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount;
(3) the community files with the Board of Peace Officer Standards and Training a
certificate of insurance for liability of its law enforcement officers, employees, and agents
for lawsuits under the United States Constitution; and
(4) the community agrees to be subject to section 13.82 and any other laws of the state
relating to data practices of law enforcement agencies.
(b) The community deleted text begin shalldeleted text end new text begin maynew text end enter into an agreement under section 471.59 with the
Redwood County sheriff to define and regulate the provision of law enforcement services
under this section and to provide for mutual aid and cooperation. new text begin If entered, new text end the agreement
must identify and describe the trust property involved in the agreement. For purposes of
entering into this agreement, the community shall be considered a "governmental unit" as
that term is defined in section 471.59, subdivision 1.
Sec. 12.
Minnesota Statutes 2022, section 626.91, subdivision 4, is amended to read:
Subd. 4.
Peace officers.
If the community complies with the requirements set forth in
subdivision 2, new text begin paragraph (a), new text end the community is authorized to appoint peace officers, as
defined in section 626.84, subdivision 1, paragraph (c), who have the same powers as peace
officers employed by the Redwood County sheriff over the persons and the geographic
areas described in subdivision 3.
Sec. 13.
Minnesota Statutes 2022, section 626.92, subdivision 2, is amended to read:
Subd. 2.
Law enforcement agency.
(a) The band has the powers of a law enforcement
agency, as defined in section 626.84, subdivision 1, paragraph (f), if all of the requirements
of clauses (1) to (4) and paragraph (b) are met:
(1) the band agrees to be subject to liability for its torts and those of its officers,
employees, and agents acting within the scope of their employment or duties arising out of
the law enforcement agency powers conferred by this section to the same extent as a
municipality under chapter 466, and the band further agrees, notwithstanding section 16C.05,
subdivision 7, to waive its sovereign immunity for purposes of claims arising out of this
liability;
(2) the band files with the Board of Peace Officer Standards and Training a bond or
certificate of insurance for liability coverage with the maximum single occurrence amounts
set forth in section 466.04 and an annual cap for all occurrences within a year of three times
the single occurrence amount or establishes that liability coverage exists under the Federal
Torts Claims Act, United States Code, title 28, section 1346(b), et al., as extended to the
band pursuant to the Indian Self-Determination and Education Assistance Act of 1975,
United States Code, title 25, section 450f(c);
(3) the band files with the Board of Peace Officer Standards and Training a certificate
of insurance for liability of its law enforcement officers, employees, and agents for lawsuits
under the United States Constitution or establishes that liability coverage exists under the
Federal Torts Claims Act, United States Code, title 28, section 1346(b) et al., as extended
to the band pursuant to the Indian Self-Determination and Education Assistance Act of
1975, United States Code, title 25, section 450F(c); and
(4) the band agrees to be subject to section 13.82 and any other laws of the state relating
to data practices of law enforcement agencies.
(b) deleted text begin By July 1, 1998,deleted text end The band deleted text begin shalldeleted text end new text begin maynew text end enter into written mutual aid or cooperative
agreements with the Carlton County sheriff, the St. Louis County sheriff, and the city of
Cloquet under section 471.59 to define and regulate the provision of law enforcement
services under this section. new text begin If entered, new text end the agreements must define the following:
(1) the trust property involved in the joint powers agreement;
(2) the responsibilities of the county sheriffs;
(3) the responsibilities of the county attorneys; and
(4) the responsibilities of the city of Cloquet city attorney and police department.
Sec. 14.
Minnesota Statutes 2022, section 626.92, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
The band shall have concurrent jurisdictional authority
under this section with the Carlton County and St. Louis County Sheriffs' Departments over
crimes committed within the boundaries of the Fond du Lac Reservation deleted text begin as indicated by
the mutual aid or cooperative agreements entered into under subdivision 2, paragraph (b),
and any exhibits or attachments to those agreementsdeleted text end new text begin if the requirements of subdivision 2,
paragraph (a), are met, regardless of whether a cooperative agreement pursuant to subdivision
2, paragraph (b), is entered intonew text end .
Sec. 15.
Minnesota Statutes 2022, section 626.93, subdivision 3, is amended to read:
Subd. 3.
Concurrent jurisdiction.
If the requirements of subdivision 2 are met deleted text begin and the
tribe enters into a cooperative agreement pursuant to subdivision 4deleted text end , the Tribe deleted text begin shall havedeleted text end new text begin hasnew text end
concurrent jurisdictional authority under this section with the local county sheriff within
the geographical boundaries of the Tribe's reservation to enforce state criminal law.
Sec. 16.
Minnesota Statutes 2022, section 626.93, subdivision 4, is amended to read:
Subd. 4.
Cooperative agreements.
In order to coordinate, define, and regulate the
provision of law enforcement services and to provide for mutual aid and cooperation,
governmental units and the Tribe deleted text begin shalldeleted text end new text begin maynew text end enter into agreements under section 471.59.
For the purposes of entering into these agreements, the Tribe deleted text begin shall bedeleted text end new text begin isnew text end considered a
"governmental unit" as that term is defined in section 471.59, subdivision 1.
Sec. 17.
Minnesota Statutes 2022, section 626A.35, is amended by adding a subdivision
to read:
new text begin Subd. 2b. new text end
new text begin Exception; stolen motor vehicles. new text end
new text begin
(a) The prohibition under subdivision 1
does not apply to the use of a mobile tracking device on a stolen motor vehicle when:
new text end
new text begin
(1) the consent of the owner of the vehicle has been obtained; or
new text end
new text begin
(2) the owner of the motor vehicle has reported to law enforcement that the vehicle is
stolen, and the vehicle is occupied when the tracking device is installed.
new text end
new text begin
(b) Within 24 hours of a tracking device being attached to a vehicle pursuant to the
authority granted in paragraph (a), clause (2), an officer employed by the agency that attached
the tracking device to the vehicle must remove the device, disable the device, or obtain a
search warrant granting approval to continue to use the device in the investigation.
new text end
new text begin
(c) A peace officer employed by the agency that attached a tracking device to a stolen
motor vehicle must remove the tracking device if the vehicle is recovered and returned to
the owner.
new text end
new text begin
(d) Any tracking device evidence collected after the motor vehicle is returned to the
owner is inadmissible.
new text end
new text begin
(e) By August 1, 2024, and each year thereafter, the chief law enforcement officer of an
agency that obtains a search warrant under paragraph (b) must provide notice to the
superintendent of the Bureau of Criminal Apprehension of the number of search warrants
the agency obtained under this subdivision in the preceding 12 months. The superintendent
must provide a summary of the data received pursuant to this paragraph in the bureau's
biennial report to the legislature required under section 299C.18.
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. 18.
Laws 1961, chapter 108, section 1, as amended by Laws 1969, chapter 604,
section 1, and Laws 1978, chapter 580, section 1, is amended to read:
Sec. 1. MINNEAPOLIS, CITY OF; POLICE DEPARTMENT.
Notwithstanding any provisions of the Minneapolis city charter, veterans' preference,
or civil service law, rule, or regulation to the contrary, the superintendent of police of the
city of Minneapolis shall after the effective date of this act have the title and be designated
as chief of police of the city of Minneapolis and may appoint deleted text begin threedeleted text end deputy chiefs of police,
deleted text begin fivedeleted text end inspectors of police, the supervisor of the morals and narcotics section, the supervisor
of the internal affairs unit, and the supervisor of license inspection, such personnel to be
appointed from among the members of the Minneapolis police department holding at least
the rank of deleted text begin patrolmandeleted text end new text begin patrol officernew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day after the governing body of the
city of Minneapolis and its chief clerical officer comply with Minnesota Statutes, section
645.021, subdivisions 2 and 3.
new text end
Sec. 19. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, section 626.93, subdivision 7,
new text end
new text begin
is repealed.
new text end
ARTICLE 5
CRIME
Section 1.
Minnesota Statutes 2022, 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, paragraph (b); 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 deleted text begin (f)deleted text end new text begin (h)new text end ;
(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 an offense or involving similar circumstances to an offense 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.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
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;
(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.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 2.
Minnesota Statutes 2022, section 244.09, is amended by adding a subdivision to
read:
new text begin Subd. 15. new text end
new text begin Report on sentencing adjustments. new text end
new text begin
The Sentencing Guidelines Commission
shall include in its annual report to the legislature a summary and analysis of sentence
adjustments issued under section 609.133. At a minimum, the summary and analysis must
include information on the counties where a sentencing adjustment was granted and on the
race, sex, and age of individuals who received a sentence adjustment.
new text end
Sec. 3.
new text begin
[604.32] CAUSE OF ACTION FOR NONCONSENSUAL DISSEMINATION
OF A DEEP FAKE DEPICTING INTIMATE PARTS OR SEXUAL ACTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Deep fake" means any video recording, motion-picture film, sound recording,
electronic image, or photograph, or any technological representation of speech or conduct
substantially derivative thereof:
new text end
new text begin
(1) that is so realistic that a reasonable person would believe it depicts speech or conduct
of an individual; and
new text end
new text begin
(2) the production of which was substantially dependent upon technical means, rather
than the ability of another individual to physically or verbally impersonate such individual.
new text end
new text begin
(c) "Depicted individual" means an individual in a deep fake who appears to be engaging
in speech or conduct in which the individual did not engage.
new text end
new text begin
(d) "Intimate parts" means the genitals, pubic area, partially or fully exposed nipple, or
anus of an individual.
new text end
new text begin
(e) "Personal information" means any identifier that permits communication or in-person
contact with a person, including:
new text end
new text begin
(1) a person's first and last name, first initial and last name, first name and last initial,
or nickname;
new text end
new text begin
(2) a person's home, school, or work address;
new text end
new text begin
(3) a person's telephone number, email address, or social media account information; or
new text end
new text begin
(4) a person's geolocation data.
new text end
new text begin
(f) "Sexual act" means either sexual contact or sexual penetration.
new text end
new text begin
(g) "Sexual contact" means the intentional touching of intimate parts or intentional
touching with seminal fluid or sperm onto another person's body.
new text end
new text begin
(h) "Sexual penetration" means any of the following acts:
new text end
new text begin
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
new text end
new text begin
(2) any intrusion, however slight, into the genital or anal openings of an individual by
another's body part or an object used by another for this purpose.
new text end
new text begin Subd. 2. new text end
new text begin Nonconsensual dissemination of a deep fake. new text end
new text begin
(a) A cause of action against a
person for the nonconsensual dissemination of a deep fake exists when:
new text end
new text begin
(1) a person disseminated a deep fake with knowledge that the depicted individual did
not consent to its public dissemination;
new text end
new text begin
(2) the deep fake realistically depicts any of the following:
new text end
new text begin
(i) the intimate parts of another individual presented as the intimate parts of the depicted
individual;
new text end
new text begin
(ii) artificially generated intimate parts presented as the intimate parts of the depicted
individual; or
new text end
new text begin
(iii) the depicted individual engaging in a sexual act; and
new text end
new text begin
(3) the depicted individual is identifiable:
new text end
new text begin
(i) from the deep fake itself, by the depicted individual or by another person; or
new text end
new text begin
(ii) from the personal information displayed in connection with the deep fake.
new text end
new text begin
(b) The fact that the depicted individual consented to the creation of the deep fake or to
the voluntary private transmission of the deep fake is not a defense to liability for a person
who has disseminated the deep fake with knowledge that the depicted individual did not
consent to its public dissemination.
new text end
new text begin Subd. 3. new text end
new text begin Damages. new text end
new text begin
The court may award the following damages to a prevailing plaintiff
from a person found liable under subdivision 2:
new text end
new text begin
(1) general and special damages, including all finance losses due to the dissemination
of the deep fake and damages for mental anguish;
new text end
new text begin
(2) an amount equal to any profit made from the dissemination of the deep fake by the
person who intentionally disclosed the deep fake;
new text end
new text begin
(3) a civil penalty awarded to the plaintiff of an amount up to $10,000; and
new text end
new text begin
(4) court costs, fees, and reasonable attorney fees.
new text end
new text begin Subd. 4. new text end
new text begin Injunction; temporary relief. new text end
new text begin
(a) A court may issue a temporary or permanent
injunction or restraining order to prevent further harm to the plaintiff.
new text end
new text begin
(b) The court may issue a civil fine for the violation of a court order in an amount up to
$1,000 per day for failure to comply with an order granted under this section.
new text end
new text begin Subd. 5. new text end
new text begin Confidentiality. new text end
new text begin
The court shall allow confidential filings to protect the privacy
of the plaintiff in cases filed under this section.
new text end
new text begin Subd. 6. new text end
new text begin Liability; exceptions. new text end
new text begin
(a) No person shall be found liable under this section
when:
new text end
new text begin
(1) the dissemination is made for the purpose of a criminal investigation or prosecution
that is otherwise lawful;
new text end
new text begin
(2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful
conduct;
new text end
new text begin
(3) the dissemination is made in the course of seeking or receiving medical or mental
health treatment, and the image is protected from further dissemination;
new text end
new text begin
(4) the deep fake was obtained in a commercial setting for the purpose of the legal sale
of goods or services, including the creation of artistic products for sale or display, and the
depicted individual knew that a deep fake would be created and disseminated in a commercial
setting;
new text end
new text begin
(5) the deep fake relates to a matter of public interest; dissemination serves a lawful
public purpose; the person disseminating the deep fake as a matter of public interest clearly
identifies that the video recording, motion-picture film, sound recording, electronic image,
photograph, or other item is a deep fake; and the person acts in good faith to prevent further
dissemination of the deep fake;
new text end
new text begin
(6) the dissemination is for legitimate scientific research or educational purposes, the
deep fake is clearly identified as such, and the person acts in good faith to minimize the risk
that the deep fake will be further disseminated;
new text end
new text begin
(7) the dissemination is made for legal proceedings and is consistent with common
practice in civil proceedings necessary for the proper functioning of the criminal justice
system, or protected by court order which prohibits any further dissemination;
new text end
new text begin
(8) the dissemination involves parody, satire, commentary, or criticism; or
new text end
new text begin
(9) the dissemination involves works of political or newsworthy value.
new text end
new text begin
(b) This section does not alter or amend the liabilities and protections granted by United
States Code, title 47, section 230, and shall be construed in a manner consistent with federal
law.
new text end
new text begin
(c) A cause of action arising under this section does not prevent the use of any other
cause of action or remedy available under the law.
new text end
new text begin Subd. 7. new text end
new text begin Jurisdiction. new text end
new text begin
A court has jurisdiction over a cause of action filed pursuant to
this section if the plaintiff or defendant resides in this state.
new text end
new text begin Subd. 8. new text end
new text begin Venue. new text end
new text begin
A cause of action arising under this section may be filed in either:
new text end
new text begin
(1) the county of residence of the defendant or plaintiff or in the jurisdiction of the
plaintiff's designated address if the plaintiff participates in the address confidentiality program
established by chapter 5B; or
new text end
new text begin
(2) the county where any deep fake is produced, reproduced, or stored in violation of
this section.
new text end
new text begin Subd. 9. new text end
new text begin Discovery of dissemination. new text end
new text begin
In a civil action brought under subdivision 2, the
statute of limitations is tolled until the plaintiff discovers the deep fake has been disseminated.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to
dissemination of a deep fake that takes place on or after that date.
new text end
Sec. 4.
Minnesota Statutes 2022, section 609.02, subdivision 2, is amended to read:
Subd. 2.
Felony.
"Felony" means a crime for which a sentence of imprisonment for
deleted text begin more thandeleted text end one year new text begin or more new text end may be imposed.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 5.
Minnesota Statutes 2022, section 609.03, is amended to read:
609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.
If a person is convicted of a crime for which no punishment is otherwise provided the
person may be sentenced as follows:
(1) If the crime is a felony, to imprisonment for not more than five years or to payment
of a fine of not more than $10,000, or both; or
(2) If the crime is a gross misdemeanor, to imprisonment for not more than deleted text begin one yeardeleted text end new text begin
364 daysnew text end or to payment of a fine of not more than $3,000, or both; or
(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both; or
(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not
specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified
term of not more than six months if the fine is not paid.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment and
applies to offenders receiving a gross misdemeanor sentence on or after that date and
retroactively to offenders who received a gross misdemeanor sentence before that date.
new text end
Sec. 6.
new text begin
[609.0342] MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS.
new text end
new text begin
(a) Any law of this state that provides for a maximum sentence of imprisonment of one
year or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine
of $3,000 and a maximum sentence of imprisonment of 364 days.
new text end
new text begin
(b) Any sentence of imprisonment for one year or 365 days imposed or executed before
July 1, 2023, shall be deemed to be a sentence of imprisonment for 364 days. A court may
at any time correct or reduce such a sentence pursuant to rule 27.03, subdivision 9, of the
Rules of Criminal Procedure and shall issue a corrected sentencing order upon motion of
any eligible defendant.
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 offenders receiving a gross misdemeanor sentence on or after that date and
retroactively to offenders who received a gross misdemeanor sentence before that date.
new text end
Sec. 7.
Minnesota Statutes 2022, section 609.105, subdivision 1, is amended to read:
Subdivision 1.
Sentence to deleted text begin more thandeleted text end one yearnew text begin or morenew text end .
A felony sentence to
imprisonment for deleted text begin more thandeleted text end one year new text begin or more new text end shall commit the defendant to the custody of
the commissioner of corrections.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 8.
Minnesota Statutes 2022, section 609.105, subdivision 3, is amended to read:
Subd. 3.
Sentence to new text begin less than new text end one year deleted text begin or lessdeleted text end .
A sentence to imprisonment for a period
of new text begin less than new text end one year deleted text begin or any lesser perioddeleted text end shall be to a workhouse, work farm, county jail,
or other place authorized by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 9.
Minnesota Statutes 2022, section 609.1055, is amended to read:
609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS;
ALTERNATIVE PLACEMENT.
When a court intends to commit an offender with a serious and persistent mental illness,
as defined in section 245.462, subdivision 20, paragraph (c), to the custody of the
commissioner of corrections for imprisonment at a state correctional facility, either when
initially pronouncing a sentence or when revoking an offender's probation, the court, when
consistent with public safety, may instead place the offender on probation or continue the
offender's probation and require as a condition of the probation that the offender successfully
complete an appropriate supervised alternative living program having a mental health
treatment component. This section applies only to offenders who would have a remaining
term of imprisonment after adjusting for credit for prior imprisonment, if any, of deleted text begin more thandeleted text end
one yearnew text begin or morenew 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. 10.
new text begin
[609.133] SENTENCE ADJUSTMENT.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
As used in this section:
new text end
new text begin
(1) "prosecutor" means the attorney general, county attorney, or city attorney responsible
for the prosecution of individuals charged with a crime; and
new text end
new text begin
(2) "victim" has the meaning given in section 611A.01.
new text end
new text begin Subd. 2. new text end
new text begin Prosecutor-initiated sentence adjustment. new text end
new text begin
The prosecutor responsible for
the prosecution of an individual convicted of a crime may commence a proceeding to adjust
the sentence of that individual at any time after the initial sentencing provided the prosecutor
does not seek to increase the period of confinement or, if the individual is serving a stayed
sentence, increase the period of supervision.
new text end
new text begin Subd. 3. new text end
new text begin Review by prosecutor. new text end
new text begin
(a) A prosecutor may review individual cases at the
prosecutor's discretion.
new text end
new text begin
(b) Prior to filing a petition under this section, a prosecutor shall make a reasonable and
good faith effort to seek input from any identifiable victim and shall consider the impact
an adjusted sentence would have on the victim.
new text end
new text begin
(c) The commissioner of corrections, a supervising agent, or an offender may request
that a prosecutor review an individual case. A prosecutor is not required to respond to a
request. Inaction by a prosecutor shall not be considered by any court as grounds for an
offender, a supervising agent, or the commissioner of corrections to petition for a sentence
adjustment under this section or for a court to adjust a sentence without a petition.
new text end
new text begin Subd. 4. new text end
new text begin Petition; contents; fee. new text end
new text begin
(a) A prosecutor's petition for sentence adjustment
shall be filed in the district court where the individual was convicted and include the
following:
new text end
new text begin
(1) the full name of the individual on whose behalf the petition is being brought and, to
the extent possible, all other legal names or aliases by which the individual has been known
at any time;
new text end
new text begin
(2) the individual's date of birth;
new text end
new text begin
(3) the individual's address;
new text end
new text begin
(4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for
the individual;
new text end
new text begin
(5) the details of the offense for which an adjustment is sought, including:
new text end
new text begin
(i) the date and jurisdiction of the occurrence;
new text end
new text begin
(ii) either the names of any victims or that there were no identifiable victims;
new text end
new text begin
(iii) whether there is a current order for protection, restraining order, or other no contact
order prohibiting the individual from contacting the victims or whether there has ever been
a prior order for protection or restraining order prohibiting the individual from contacting
the victims;
new text end
new text begin
(iv) the court file number; and
new text end
new text begin
(v) the date of conviction;
new text end
new text begin
(6) what steps the individual has taken since the time of the offense toward personal
rehabilitation, including treatment, work, good conduct within correctional facilities, or
other personal history that demonstrates rehabilitation;
new text end
new text begin
(7) the individual's criminal conviction record indicating all convictions for
misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable
convictions in any other state, federal court, or foreign country, whether the convictions
occurred before or after the conviction for which an adjustment is sought;
new text end
new text begin
(8) the individual's criminal charges record indicating all prior and pending criminal
charges against the individual in this state or another jurisdiction, including all criminal
charges that have been continued for dismissal, stayed for adjudication, or were the subject
of pretrial diversion; and
new text end
new text begin
(9) to the extent known, all prior requests by the individual, whether for the present
offense or for any other offenses in this state or any other state or federal court, for pardon,
return of arrest records, or expungement or sealing of a criminal record, whether granted
or not, and all stays of adjudication or imposition of sentence involving the petitioner.
new text end
new text begin
(b) The filing fee for a petition brought under this section shall be waived.
new text end
new text begin Subd. 5. new text end
new text begin Service of petition. new text end
new text begin
(a) The prosecutor shall serve the petition for sentence
adjustment on the individual on whose behalf the petition is being brought.
new text end
new text begin
(b) The prosecutor shall make a good faith and reasonable effort to notify any person
determined to be a victim of the offense for which adjustment is sought of the existence of
a petition. Notification under this paragraph does not constitute a violation of an existing
order for protection, restraining order, or other no contact order.
new text end
new text begin
(c) Notice to victims of the offense under this subdivision must:
new text end
new text begin
(1) specifically inform the victim of the right to object, orally or in writing, to the
proposed adjustment of sentence; and
new text end
new text begin
(2) inform the victims of the right to be present and to submit an oral or written statement
at the hearing described in subdivision 6.
new text end
new text begin
(d) If a victim notifies the prosecutor of an objection to the proposed adjustment of
sentence and is not present when the court considers the sentence adjustment, the prosecutor
shall make these objections known to the court.
new text end
new text begin Subd. 6. new text end
new text begin Hearing. new text end
new text begin
(a) The court shall hold a hearing on the petition no sooner than 60
days after service of the petition. The hearing shall be scheduled so that the parties have
adequate time to prepare and present arguments regarding the issue of sentence adjustment.
The parties may submit written arguments to the court prior to the date of the hearing and
may make oral arguments before the court at the hearing. The individual on whose behalf
the petition has been brought must be present at the hearing, unless excused under Minnesota
Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3).
new text end
new text begin
(b) A victim of the offense for which sentence adjustment is sought has a right to submit
an oral or written statement to the court at the time of the hearing describing the harm
suffered by the victim as a result of the crime and the victim's recommendation on whether
adjustment should be granted or denied. The judge shall consider the victim's statement
when making a decision.
new text end
new text begin
(c) Representatives of the Department of Corrections, supervising agents, community
treatment providers, and any other individual with relevant information may submit an oral
or written statement to the court at the time of the hearing.
new text end
new text begin Subd. 7. new text end
new text begin Nature of remedy; standard. new text end
new text begin
(a) The court shall determine whether there are
substantial and compelling reasons to adjust the individual's sentence. In making this
determination, the court shall consider what impact, if any, a sentence adjustment would
have on public safety, including whether an adjustment would promote the rehabilitation
of the individual, properly reflect the severity of the underlying offense, or reduce sentencing
disparities. In making this determination, the court may consider factors relating to both the
offender and the offense, including but not limited to:
new text end
new text begin
(1) the presentence investigation report used at sentencing, if available;
new text end
new text begin
(2) the individual's performance on probation or supervision;
new text end
new text begin
(3) the individual's disciplinary record during any period of incarceration;
new text end
new text begin
(4) records of any rehabilitation efforts made by the individual since the date of offense
and any plan to continue those efforts in the community;
new text end
new text begin
(5) evidence that remorse, age, diminished physical condition, or any other factor has
significantly reduced the likelihood that the individual will commit a future offense;
new text end
new text begin
(6) the amount of time the individual has served in custody or under supervision; and
new text end
new text begin
(7) significant changes in law or sentencing practice since the date of offense.
new text end
new text begin
(b) Notwithstanding any law to the contrary, if the court determines by a preponderance
of the evidence that there are substantial and compelling reasons to adjust the individual's
sentence, the court may modify the sentence in any way provided the adjustment does not:
new text end
new text begin
(1) increase the period of confinement or, if the individual is serving a stayed sentence,
increase the period of supervision;
new text end
new text begin
(2) reduce or eliminate the amount of court-ordered restitution; or
new text end
new text begin
(3) reduce or eliminate a term of conditional release required by law when a court
commits an offender to the custody of the commissioner of corrections.
new text end
new text begin
The court may stay imposition or execution of sentence pursuant to section 609.135.
new text end
new text begin
(c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter
a judgment of conviction for a different offense, or impose sentence for any other offense.
new text end
new text begin
(d) The court shall state in writing or on the record the reasons for its decision on the
petition. If the court grants a sentence adjustment, the court shall provide the information
in section 244.09, subdivision 15, to the Sentencing Guidelines Commission.
new text end
new text begin Subd. 8. new text end
new text begin Appeals. new text end
new text begin
An order issued under this section shall not be considered a final
judgment, but shall be treated as an order imposing or staying a sentence.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 11.
Minnesota Statutes 2022, section 609.135, subdivision 1a, is amended to read:
Subd. 1a.
Failure to pay restitution.
If the court orders payment of restitution as a
condition of probation and if the defendant fails to pay the restitution in accordance with
the payment schedule or structure established by the court or the probation officer, the
prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own
motion or at the request of the victim, ask the court to hold a hearing to determine whether
or not the conditions of probation should be changed or probation should be revoked. The
defendant's probation officer shall ask for the hearing if the restitution ordered has not been
paid prior to 60 days before the term of probation expires. The court shall schedule and hold
this hearing and take appropriate action, including action under subdivision 2, paragraph
deleted text begin (g)deleted text end new text begin (h)new text end , before the defendant's term of probation expires.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104 when a defendant fails to pay court-ordered restitution.
Sec. 12.
Minnesota Statutes 2022, section 609.135, subdivision 1c, is amended to read:
Subd. 1c.
Failure to complete court-ordered treatment.
If the court orders a defendant
to undergo treatment as a condition of probation and if the defendant fails to successfully
complete treatment at least 60 days before the term of probation expires, the prosecutor or
the defendant's probation officer may ask the court to hold a hearing to determine whether
the conditions of probation should be changed or probation should be revoked. The court
shall schedule and hold this hearing and take appropriate action, including action under
subdivision 2, paragraph deleted text begin (h)deleted text end new text begin (i)new text end , before the defendant's term of probation expires.
Sec. 13.
Minnesota Statutes 2022, section 609.135, subdivision 2, is amended to read:
Subd. 2.
Stay of sentence maximum periods.
(a) new text begin Except as provided in paragraph (b),
new text end if the conviction is for a felony deleted text begin other than section 609.2113, subdivision 1 or 2, 609.2114,
subdivision 2, or section 609.3451, subdivision 1 or 1a, or Minnesota Statutes 2012, section
609.21, subdivision 1a, paragraph (b) or (c)deleted text end , the stay shall be for not more than deleted text begin fourdeleted text end new text begin fivenew text end
years or the maximum period for which the sentence of imprisonment might have been
imposed, whichever is deleted text begin longerdeleted text end new text begin lessnew text end .
new text begin
(b) If the conviction is for a felony described in section 609.19; 609.195; 609.20;
609.2112; 609.2113, subdivision 2; 609.2662; 609.2663; 609.2664; 609.268; 609.342;
609.343; 609.344; 609.345; 609.3451; or 609.3458, the stay shall be for not more than four
years or the maximum period for which the sentence of imprisonment might have been
imposed, whichever is longer.
new text end
deleted text begin (b)deleted text end new text begin (c)new text end If the conviction is for a gross misdemeanor violation of section 169A.20,
609.2113, subdivision 3, or 609.3451, deleted text begin or for a felony described in section 609.2113,
subdivision 1 or 2, 609.2114, subdivision 2, or 609.3451, subdivision 1 or 1a,deleted text end the stay shall
be for not more than deleted text begin sixdeleted text end new text begin fournew text end years. The court shall provide for unsupervised probation for
the last year of the stay unless the court finds that the defendant needs supervised probation
for all or part of the last year.
deleted text begin (c)deleted text end new text begin (d)new text end If the conviction is for a gross misdemeanor not specified in paragraph deleted text begin (b)deleted text end new text begin (c)new text end ,
the stay shall be for not more than two years.
deleted text begin (d)deleted text end new text begin (e)new text end If the conviction is for any misdemeanor under section 169A.20; 609.746,
subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224,
subdivision 1, in which the victim of the crime was a family or household member as defined
in section 518B.01, the stay shall be for not more than two years. The court shall provide
for unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
deleted text begin (e)deleted text end new text begin (f)new text end If the conviction is for a misdemeanor not specified in paragraph deleted text begin (d)deleted text end new text begin (e)new text end , the stay
shall be for not more than one year.
deleted text begin (f)deleted text end new text begin (g)new text end The defendant shall be discharged six months after the term of the stay expires,
unless the stay has been revoked or extended under paragraph deleted text begin (g)deleted text end new text begin (h)new text end , or the defendant has
already been discharged.
deleted text begin (g)deleted text end new text begin (h)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to one
year if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.
deleted text begin (h)deleted text end new text begin (i)new text end Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to sentences
announced on or after that date.
new text end
Sec. 14.
new text begin
[609.247] CARJACKING.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Carjacking" means taking a motor vehicle from the person or in the presence of
another while having knowledge of not being entitled to the motor vehicle and using or
threatening the imminent use of force against any person to overcome the person's resistance
or powers of resistance to, or to compel acquiescence in, the taking of the motor vehicle.
new text end
new text begin
(c) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, clause (10).
new text end
new text begin Subd. 2. new text end
new text begin First degree. new text end
new text begin
Whoever, while committing a carjacking, is armed with a
dangerous weapon or any article used or fashioned in a manner to lead the victim to
reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is
guilty of carjacking in the first degree and may be sentenced to imprisonment for not more
than 20 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 Second degree. new text end
new text begin
Whoever, while committing a carjacking, implies, by word or
act, possession of a dangerous weapon, is guilty of carjacking in the second degree 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.
new text end
new text begin Subd. 4. new text end
new text begin Third degree. new text end
new text begin
Whoever commits carjacking under any other circumstances is
guilty of carjacking in the third degree 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.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2022, section 609.746, subdivision 1, is amended to read:
Subdivision 1.
Surreptitious intrusion; observation device.
(a) A person is guilty of
a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
new text begin
(e) A person is guilty of a gross misdemeanor who:
new text end
new text begin
(1) uses any device for photographing, recording, or broadcasting an image of an
individual in a house or place of dwelling, a sleeping room of a hotel as defined in section
327.70, subdivision 3, a tanning booth, a bathroom, a locker room, a changing room, an
indoor shower facility, or any place where a reasonable person would have an expectation
of privacy; and
new text end
new text begin
(2) does so with the intent to photograph, record, or broadcast an image of the individual's
intimate parts, as defined in section 609.341, subdivision 5, without the consent of the
individual.
new text end
new text begin
(f) A person is guilty of a misdemeanor who:
new text end
new text begin
(1) surreptitiously installs or uses any device for observing, photographing, recording,
or broadcasting an image of an individual's intimate parts, as defined in section 609.341,
subdivision 5, or the clothing covering the immediate area of the intimate parts;
new text end
new text begin
(2) observes, photographs, or records the image under or around the individual's clothing;
and
new text end
new text begin
(3) does so with intent to intrude upon or interfere with the privacy of the individual.
new text end
deleted text begin (e)deleted text end new text begin (g)new text end 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 $5,000, or both, if the person:
(1) violates deleted text begin this subdivisiondeleted text end new text begin paragraph (a), (b), (c), (d), or (e)new text end after a previous conviction
under this subdivision or section 609.749; or
(2) violates deleted text begin this subdivisiondeleted text end new text begin paragraph (a), (b), (c), (d), or (e)new text end against a minor under the
age of 18, knowing or having reason to know that the minor is present.
deleted text begin (f)deleted text end new text begin (h)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person
violates paragraph (b) deleted text begin ordeleted text end new text begin ,new text end (d)new text begin , or (e)new text end against a minor victim under the age of 18; (2) the
person is more than 36 months older than the minor victim; (3) the person knows or has
reason to know that the minor victim is present; and (4) the violation is committed with
sexual intent.
new text begin
(i) A person is guilty of a gross misdemeanor if the person:
new text end
new text begin
(1) violates paragraph (f) after a previous conviction under this subdivision or section
609.749; or
new text end
new text begin
(2) violates paragraph (f) against a minor under the age of 18, knowing or having reason
to know that the victim is a minor.
new text end
new text begin
(j) A person is guilty of a felony if the person violates paragraph (f) after two or more
convictions under this subdivision or section 609.749.
new text end
deleted text begin (g) Paragraphsdeleted text end new text begin (k) Paragraphnew text end (b) deleted text begin anddeleted text end new text begin ,new text end (d) deleted text begin dodeleted text end new text begin , or (e) doesnew text end not apply to law enforcement
officers or corrections investigators, or to those acting under their direction, while engaged
in the performance of their lawful duties. Paragraphs (c) deleted text begin anddeleted text end new text begin ,new text end (d)new text begin , and (e)new text end do not apply to
conduct in: (1) a medical facility; or (2) a commercial establishment if the owner of the
establishment has posted conspicuous signs warning that the premises are under surveillance
by the owner or the owner's employees.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 16.
new text begin
[609.771] USE OF DEEP FAKE TECHNOLOGY TO INFLUENCE AN
ELECTION.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Candidate" means an individual who seeks nomination or election to a federal,
statewide, legislative, judicial, or local office including special districts, school districts,
towns, home rule charter and statutory cities, and counties.
new text end
new text begin
(c) "Deep fake" means any video recording, motion-picture film, sound recording,
electronic image, or photograph, or any technological representation of speech or conduct
substantially derivative thereof:
new text end
new text begin
(1) that is so realistic that a reasonable person would believe it depicts speech or conduct
of an individual who did not in fact engage in such speech or conduct; and
new text end
new text begin
(2) the production of which was substantially dependent upon technical means, rather
than the ability of another individual to physically or verbally impersonate such individual.
new text end
new text begin
(d) "Depicted individual" means an individual in a deep fake who appears to be engaging
in speech or conduct in which the individual did not engage.
new text end
new text begin Subd. 2. new text end
new text begin Use of deep fake to influence an election; violation. new text end
new text begin
A person who disseminates
a deep fake or enters into a contract or other agreement to disseminate a deep fake is guilty
of a crime and may be sentenced as provided in subdivision 3 if the person knows or
reasonably should know that the item being disseminated is a deep fake and dissemination:
new text end
new text begin
(1) takes place within 90 days before an election;
new text end
new text begin
(2) is made without the consent of the depicted individual; and
new text end
new text begin
(3) is made with the intent to injure a candidate or influence the result of an election.
new text end
new text begin Subd. 3. new text end
new text begin Use of deep fake to influence an election; penalty. new text end
new text begin
A person convicted of
violating subdivision 2 may be sentenced as follows:
new text end
new text begin
(1) if the person commits the violation within five years of one or more prior convictions
under this section, 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
(2) if the person commits the violation with the intent to cause violence or bodily harm,
to imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both; or
new text end
new text begin
(3) in other cases, to imprisonment for not more than 90 days or to payment of a fine of
not more than $1,000, or both.
new text end
new text begin Subd. 4. new text end
new text begin Injunctive relief. new text end
new text begin
A cause of action for injunctive relief may be maintained
against any person who is reasonably believed to be about to violate or who is in the course
of violating this section by:
new text end
new text begin
(1) the attorney general;
new text end
new text begin
(2) a county attorney or city attorney;
new text end
new text begin
(3) the depicted individual; or
new text end
new text begin
(4) a candidate for nomination or election to a public office who is injured or likely to
be injured by dissemination.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2022, section 609.78, subdivision 2a, is amended to read:
Subd. 2a.
Felony offense; reporting fictitious emergency resulting in serious
injury.
Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentencednew text begin
as follows:
new text end
new text begin (1)new text end to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the call triggers an emergency response and, as a result of the response,
someone suffers great bodily harm or deathdeleted text begin .deleted text end new text begin ; or
new text end
new text begin
(2) to imprisonment of not more than three years or to payment of a fine of not more
than $10,000, or both, if the call triggers an emergency response and as a result of the
response, someone suffers substantial bodily harm.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2022, section 609A.02, subdivision 3, is amended to read:
Subd. 3.
Certain criminal proceedings.
(a) A petition may be filed under section
609A.03 to seal all records relating to an arrest, indictment or information, trial, or verdict
if the records are not subject to section 299C.11, subdivision 1, paragraph (b), and if:
(1) all pending actions or proceedings were resolved in favor of the petitioner. For
purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution
in favor of the petitioner. For the purposes of this chapter, an action or proceeding is resolved
in favor of the petitioner, if the petitioner received an order under section 590.11 determining
that the petitioner is eligible for compensation based on exoneration;
(2) the petitioner has successfully completed the terms of a diversion program or stay
of adjudication and has not been charged with a new crime for at least one year since
completion of the diversion program or stay of adjudication;
(3) the petitioner was convicted of or received a stayed sentence for a petty misdemeanor
or misdemeanor and has not been convicted of a new crime for at least two years since
discharge of the sentence for the crime;
(4) the petitioner was convicted of or received a stayed sentence for a gross misdemeanor
and has not been convicted of a new crime for at least four years since discharge of the
sentence for the crime; or
(5) the petitioner was convicted of or received a stayed sentence for a felony violation
of an offense listed in paragraph (b), and has not been convicted of a new crime for at least
five years since discharge of the sentence for the crime.
(b) Paragraph (a), clause (5), applies to the following offenses:
(1) section 35.824 (altering livestock certificate);
(2) section 62A.41 (insurance regulations);
(3) section 86B.865, subdivision 1 (certification for title on watercraft);
(4) section 152.025 (controlled substance in the fifth degree); or 152.097 (sale of
simulated controlled substance);
(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09,
subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);
(6) chapter 201; 203B; or 204C (voting violations);
(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);
(8) section 256.984 (false declaration in assistance application);
(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);
(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);
(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);
(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices
and solicitations);
(13) section 346.155, subdivision 10 (failure to control regulated animal);
(14) section 349.2127; or 349.22 (gambling regulations);
(15) section 588.20 (contempt);
(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);
(17) section 609.31 (leaving state to evade establishment of paternity);
(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil
commitment for mental illness);
(19) section 609.49 (failure to appear in court);
(20) section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less), or other theft
offense that is sentenced under this provision; or 609.52, subdivision 3a, clause (1) (theft
of $1,000 or less with risk of bodily harm);
(21) section 609.525 (bringing stolen goods into state);
(22) section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);
(23) section 609.527, subdivision 5b (possession or use of scanning device or reencoder);
609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit check); or
609.529 (mail theft);
(24) section 609.53 (receiving stolen goods);
(25) section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check over
$500);
(26) section 609.54, clause (1) (embezzlement of public funds $2,500 or less);
(27) section 609.551 (rustling and livestock theft);
(28) section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);
(29) section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);
(30) section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph
(a) (criminal damage to property);
(31) section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);
(32) section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision 4,
clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false pretense);
609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);
(33) section 609.65, clause (1) (false certification by notary); or 609.651, subdivision
4, paragraph (a) (lottery fraud);
(34) section 609.652 (fraudulent driver's license and identification card);
(35) section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); or
609.66, subdivision 1b (furnishing firearm to minor);
(36) section 609.662, subdivision 2, paragraph (b) (duty to render aid);
(37) section 609.686, subdivision 2 (tampering with fire alarm);
(38) section 609.746, subdivision 1, paragraph deleted text begin (e)deleted text end new text begin (g)new text end (interference with privacy;
subsequent violation or minor victim);
(39) section 609.80, subdivision 2 (interference with cable communications system);
(40) section 609.821, subdivision 2 (financial transaction card fraud);
(41) section 609.822 (residential mortgage fraud);
(42) section 609.825, subdivision 2 (bribery of participant or official in contest);
(43) section 609.855, subdivision 2, paragraph (c), clause (1) (interference with transit
operator);
(44) section 609.88 (computer damage); or 609.89 (computer theft);
(45) section 609.893, subdivision 2 (telecommunications and information services fraud);
(46) section 609.894, subdivision 3 or 4 (cellular counterfeiting);
(47) section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual
property);
(48) section 609.896 (movie pirating);
(49) section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor); 624.714,
subdivision 1a (pistol without permit; subsequent violation); or 624.7141, subdivision 2
(transfer of pistol to ineligible person); or
(50) section 624.7181 (rifle or shotgun in public by minor).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023.
new text end
Sec. 19.
Minnesota Statutes 2022, section 617.22, is amended to read:
617.22 CONCEALING BIRTH.
deleted text begin Everydeleted text end new text begin Anynew text end person who deleted text begin shall endeavordeleted text end new text begin attemptsnew text end to conceal the birth of a child by any
disposition of its dead body, deleted text begin whetherdeleted text end new text begin whennew text end the child died deleted text begin before ordeleted text end after its birth, shall be
guilty of a misdemeanor. deleted text begin Every person who, having been convicted of endeavoring to
conceal the stillbirth of any issue, or the death of any issue under the age of two years, shall,
subsequent to that conviction, endeavor to conceal any subsequent birth or death, shall be
punished by imprisonment for not more than five years.deleted text end new text begin This section does not apply to the
disposition of remains resulting from an abortion or miscarriage.
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. 20.
Minnesota Statutes 2022, section 617.26, is amended to read:
617.26 MAILING AND CARRYING OBSCENE MATTER.
Every person who shall deposit or cause to be deposited in any post office in the state,
or place in charge of any express company or other common carrier or person for
transportation, any of the articles or things specified in section deleted text begin 617.201 ordeleted text end 617.241, or any
circular, book, pamphlet, advertisement or notice relating thereto, with the intent of having
the same conveyed by mail, express, or in any other manner; or who shall knowingly or
willfully receive the same with intent to carry or convey it, or shall knowingly carry or
convey the same by express, or in any other manner except by United States mail, shall be
guilty of a misdemeanor. The provisions of this section deleted text begin and section 617.201deleted text end shall not be
construed to apply to an article or instrument used by physicians lawfully practicing, or by
their direction or prescription, for the cure or prevention of disease.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective the day following final enactment.
new text end
Sec. 21.
new text begin
[617.262] NONCONSENSUAL DISSEMINATION OF A DEEP FAKE
DEPICTING INTIMATE PARTS OR SEXUAL ACTS.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms have
the meanings given.
new text end
new text begin
(b) "Deep fake" means any video recording, motion-picture film, sound recording,
electronic image, or photograph, or any technological representation of speech or conduct
substantially derivative thereof:
new text end
new text begin
(1) that is so realistic that a reasonable person would believe it depicts speech or conduct
of an individual; and
new text end
new text begin
(2) the production of which was substantially dependent upon technical means, rather
than the ability of another individual to physically or verbally impersonate such individual.
new text end
new text begin
(c) "Depicted individual" means an individual in a deep fake who appears to be engaging
in speech or conduct in which the individual did not engage.
new text end
new text begin
(d) "Dissemination" means distribution to one or more persons, other than the person
depicted in the deep fake, or publication by any publicly available medium.
new text end
new text begin
(e) "Harass" means an act that would cause a substantial adverse effect on the safety,
security, or privacy of a reasonable person.
new text end
new text begin
(f) "Intimate parts" means the genitals, pubic area, or anus of an individual, or if the
individual is female, a partially or fully exposed nipple.
new text end
new text begin
(g) "Personal information" means any identifier that permits communication or in-person
contact with a person, including:
new text end
new text begin
(1) a person's first and last name, first initial and last name, first name and last initial,
or nickname;
new text end
new text begin
(2) a person's home, school, or work address;
new text end
new text begin
(3) a person's telephone number, email address, or social media account information; or
new text end
new text begin
(4) a person's geolocation data.
new text end
new text begin
(h) "Sexual act" means either sexual contact or sexual penetration.
new text end
new text begin
(i) "Sexual contact" means the intentional touching of intimate parts or intentional
touching with seminal fluid or sperm onto another person's body.
new text end
new text begin
(j) "Sexual penetration" means any of the following acts:
new text end
new text begin
(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or
new text end
new text begin
(2) any intrusion, however slight, into the genital or anal openings of an individual by
another's body part or an object used by another for this purpose.
new text end
new text begin
(k) "Social media" means any electronic medium, including an interactive computer
service, telephone network, or data network, that allows users to create, share, and view
user-generated content.
new text end
new text begin Subd. 2. new text end
new text begin Crime. new text end
new text begin
It is a crime to intentionally disseminate a deep fake when:
new text end
new text begin
(1) the actor knows that the depicted individual does not consent to the dissemination;
new text end
new text begin
(2) the deep fake realistically depicts any of the following:
new text end
new text begin
(i) the intimate parts of another individual presented as the intimate parts of the depicted
individual;
new text end
new text begin
(ii) artificially generated intimate parts presented as the intimate parts of the depicted
individual; or
new text end
new text begin
(iii) the depicted individual engaging in a sexual act; and
new text end
new text begin
(3) the depicted individual is identifiable:
new text end
new text begin
(i) from the deep fake itself, by the depicted individual or by another person; or
new text end
new text begin
(ii) from the personal information displayed in connection with the deep fake.
new text end
new text begin Subd. 3. new text end
new text begin Penalties. new text end
new text begin
(a) Except as provided in paragraph (b), whoever violates subdivision
2 is guilty of a gross misdemeanor.
new text end
new text begin
(b) Whoever violates subdivision 2 may be sentenced to imprisonment for not more than
three years or to payment of a fine of $5,000, or both, if one of the following factors is
present:
new text end
new text begin
(1) the depicted person suffers financial loss due to the dissemination of the deep fake;
new text end
new text begin
(2) the actor disseminates the deep fake with intent to profit from the dissemination;
new text end
new text begin
(3) the actor maintains an Internet website, online service, online application, or mobile
application for the purpose of disseminating the deep fake;
new text end
new text begin
(4) the actor posts the deep fake on a website;
new text end
new text begin
(5) the actor disseminates the deep fake with intent to harass the depicted person;
new text end
new text begin
(6) the actor obtained the deep fake by committing a violation of section 609.52, 609.746,
609.89, or 609.891; or
new text end
new text begin
(7) the actor has previously been convicted under this chapter.
new text end
new text begin Subd. 4. new text end
new text begin Venue. new text end
new text begin
Notwithstanding anything to the contrary in section 627.01, an offense
committed under this section may be prosecuted in:
new text end
new text begin
(1) the county where the offense occurred;
new text end
new text begin
(2) the county of residence of the actor or victim or in the jurisdiction of the victim's
designated address if the victim participates in the address confidentiality program established
by chapter 5B; or
new text end
new text begin
(3) only if venue cannot be located in the counties specified under clause (1) or (2), the
county where any deep fake is produced, reproduced, found, stored, received, or possessed
in violation of this section.
new text end
new text begin Subd. 5. new text end
new text begin Exemptions. new text end
new text begin
Subdivision 2 does not apply when:
new text end
new text begin
(1) the dissemination is made for the purpose of a criminal investigation or prosecution
that is otherwise lawful;
new text end
new text begin
(2) the dissemination is for the purpose of, or in connection with, the reporting of unlawful
conduct;
new text end
new text begin
(3) the dissemination is made in the course of seeking or receiving medical or mental
health treatment, and the image is protected from further dissemination;
new text end
new text begin
(4) the deep fake was obtained in a commercial setting for the purpose of the legal sale
of goods or services, including the creation of artistic products for sale or display, and the
depicted individual knew, or should have known, that a deep fake would be created and
disseminated;
new text end
new text begin
(5) the deep fake relates to a matter of public interest and dissemination serves a lawful
public purpose;
new text end
new text begin
(6) the dissemination is for legitimate scientific research or educational purposes;
new text end
new text begin
(7) the dissemination is made for legal proceedings and is consistent with common
practice in civil proceedings necessary for the proper functioning of the criminal justice
system, or protected by court order which prohibits any further dissemination;
new text end
new text begin
(8) the dissemination involves parody, satire, commentary, or criticism; or
new text end
new text begin
(9) the dissemination involves works of political or newsworthy value.
new text end
new text begin Subd. 6. new text end
new text begin Immunity. new text end
new text begin
Nothing in this section shall be construed to impose liability upon
the following entities solely as a result of content or information provided by another person:
new text end
new text begin
(1) an interactive computer service as defined in United States Code, title 47, section
230, paragraph (f), clause (2);
new text end
new text begin
(2) a provider of public mobile services or private radio services; or
new text end
new text begin
(3) a telecommunications network or broadband provider.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Sec. 22.
Minnesota Statutes 2022, 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, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.
(f) 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.
(g) 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.
(h) 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.
(i) 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.
new text begin
(j) Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
new text end
deleted text begin (j)deleted text end new text begin (k)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 (k)deleted text end new text begin (l)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 (l)deleted text end new text begin (m)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 (m)deleted text end new text begin (n)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, 2023, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2023.
new text end
Sec. 23.
Minnesota Statutes 2022, section 638.02, subdivision 3, is amended to read:
Subd. 3.
Pardon extraordinary; filing; copies sent.
Upon granting a pardon
extraordinarynew text begin ,new text end the Board of Pardons shall file a copy of it with the district court of the county
in which the conviction occurreddeleted text begin , and the court shall order the conviction set aside and
include a copy of the pardon in the court filedeleted text end . new text begin The court shall order all records wherever
held relating to the arrest, indictment or information, trial, verdict, and pardon sealed and
prohibit the disclosure of the existence of the records or the opening of the records except
under court order or pursuant to section 609A.03, subdivision 7a, paragraph (b), clause (1).
new text end The court shall send a copy of its order and the pardon to the Bureau of Criminal
Apprehensionnew text begin and all other government entities that hold affected recordsnew text end .
Sec. 24. new text begin PROBATION LIMITS; RETROACTIVE APPLICATION.
new text end
new text begin
(a) Any person placed on probation before August 1, 2023, is eligible for resentencing
if:
new text end
new text begin
(1) the person was placed on probation for a gross misdemeanor or felony violation;
new text end
new text begin
(2) the court placed the person on probation for a length of time for a felony violation
that exceeded five years or for a gross misdemeanor violation that exceeded four years;
new text end
new text begin
(3) under Minnesota Statutes, section 609.135, subdivision 2, the maximum length of
probation the court could have ordered the person to serve on or after August 1, 2023, is
less than the period imposed; and
new text end
new text begin
(4) the sentence of imprisonment has not been executed.
new text end
new text begin
(b) Eligibility for resentencing within the maximum length of probation the court could
have ordered the person to serve on or after August 1, 2023, applies to each period of
probation ordered by the court. Upon resentencing, periods of probation must be served
consecutively if a court previously imposed consecutive periods of probation on the person.
The court may not increase a previously ordered period of probation under this section or
order that periods of probation be served consecutively unless the court previously imposed
consecutive periods of probation.
new text end
new text begin
(c) Resentencing may take place without a hearing.
new text end
new text begin
(d) The term of the stay of probation for any person who is eligible for resentencing
under paragraph (a) and who has served five or more years of probation for a felony violation
or four or more years of probation for a gross misdemeanor violation as of August 1, 2023,
shall be considered to have expired on October 1, 2023, unless:
new text end
new text begin
(1) the term of the stay of probation would have expired before that date under the
original sentence; or
new text end
new text begin
(2) the length of probation is extended pursuant to Minnesota Statutes, section 609.135,
subdivision 2, paragraph (h) or (i).
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2023, and applies to sentences
announced before that date.
new text end
Sec. 25. new text begin SENTENCING GUIDELINES COMMISSION; MODIFICATION.
new text end
new text begin
The Sentencing Guidelines Commission shall modify the Sentencing Guidelines to be
consistent with changes to Minnesota Statutes, section 609.135, subdivision 2, governing
the maximum length of probation a court may order.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective July 1, 2023.
new text end
Sec. 26. new text begin REVISOR INSTRUCTION.
new text end
new text begin
In Minnesota Statutes, the revisor of statutes shall substitute "364 days" for "one year"
consistent with the change in this act. The revisor shall also make other technical changes
resulting from the change of term to the statutory language if necessary to preserve the
meaning of the text.
new text end
Sec. 27. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2022, sections 609.293, subdivisions 1 and 5; 609.34; 609.36; 617.20;
617.201; 617.202; 617.21; 617.28; and 617.29,
new text end
new text begin
are repealed.
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
ARTICLE 6
CONFORMING CHANGES
Section 1.
Minnesota Statutes 2022, section 51A.14, is amended to read:
51A.14 INDEMNITY BONDS.
All directors, officers, and employees of an association shall, before entering upon the
performance of any of their duties, execute their individual bonds with adequate corporate
surety payable to the association as an indemnity for any loss the association may sustain
of money or other property by or through any fraud, dishonesty, forgery or alteration, larceny,
theft, embezzlement, robbery,new text begin carjacking,new text end burglary, holdup, wrongful or unlawful abstraction,
misapplication, misplacement, destruction or misappropriation, or any other dishonest or
criminal act or omission by any such director, officer, employee, or agent. Associations
which employ collection agents, who for any reason are not covered by a bond as hereinabove
required, shall provide for the bonding of each such agent in an amount equal to at least
twice the average monthly collection of such agent. Such agents shall be required to make
settlement with the association at least monthly. No bond coverage will be required of any
agent which is a financial institution insured by the Federal Deposit Insurance Corporation
or by the federal savings and loan insurance corporation. The amounts and form of such
bonds and sufficiency of the surety thereon shall be approved by the board of directors and
by the commissioner. In lieu of individual bonds, a blanket bond, protecting the association
from loss through any such act or acts on the part of any such director, officer, or employee,
may be obtained. Such bonds shall provide that a cancellation thereof either by the surety
or by the insured shall not become effective unless and until ten days' notice in writing first
shall have been given to the commissioner unless the commissioner shall have approved
such cancellation earlier.
Sec. 2.
Minnesota Statutes 2022, section 145A.061, subdivision 3, is amended to read:
Subd. 3.
Denial of service.
The commissioner may deny an application from any
applicant who has been convicted of any of the following crimes:
Section 609.185 (murder in the first degree); section 609.19 (murder in the second
degree); section 609.195 (murder in the third degree); section 609.20 (manslaughter in the
first degree); section 609.205 (manslaughter in the second degree); section 609.25
(kidnapping); section 609.2661 (murder of an unborn child in the first degree); section
609.2662 (murder of an unborn child in the second degree); section 609.2663 (murder of
an unborn child in the third degree); section 609.342 (criminal sexual conduct in the first
degree); section 609.343 (criminal sexual conduct in the second degree); section 609.344
(criminal sexual conduct in the third degree); section 609.345 (criminal sexual conduct in
the fourth degree); section 609.3451 (criminal sexual conduct in the fifth degree); section
609.3453 (criminal sexual predatory conduct); section 609.352 (solicitation of children to
engage in sexual conduct); section 609.352 (communication of sexually explicit materials
to children); section 609.365 (incest); section 609.377 (felony malicious punishment of a
child); section 609.378 (felony neglect or endangerment of a child); section 609.561 (arson
in the first degree); section 609.562 (arson in the second degree); section 609.563 (arson in
the third degree); section 609.749, subdivision 3, 4, or 5 (felony harassment or stalking);
section 152.021 (controlled substance crimes in the first degree); section 152.022 (controlled
substance crimes in the second degree); section 152.023 (controlled substance crimes in the
third degree); section 152.024 (controlled substance crimes in the fourth degree); section
152.025 (controlled substance crimes in the fifth degree); section 243.166 (violation of
predatory offender registration law); section 617.23, subdivision 2, clause (1), or subdivision
3, clause (1) (indecent exposure involving a minor); section 617.246 (use of minors in sexual
performance); section 617.247 (possession of pornographic work involving minors); section
609.221 (assault in the first degree); section 609.222 (assault in the second degree); section
609.223 (assault in the third degree); section 609.2231 (assault in the fourth degree); section
609.224 (assault in the fifth degree); section 609.2242 (domestic assault); section 609.2247
(domestic assault by strangulation); section 609.228 (great bodily harm caused by distribution
of drugs); section 609.23 (mistreatment of persons confined); section 609.231 (mistreatment
of residents or patients); section 609.2325 (criminal abuse); section 609.233 (criminal
neglect); section 609.2335 (financial exploitation of a vulnerable adult); section 609.234
(failure to report); section 609.24 (simple robbery); section 609.245 (aggravated robbery);new text begin
section 609.247 (carjacking);new text end section 609.255 (false imprisonment); section 609.322
(solicitation, inducement, and promotion of prostitution and sex trafficking); section 609.324,
subdivision 1 (hiring or engaging minors in prostitution); section 609.465 (presenting false
claims to a public officer or body); section 609.466 (medical assistance fraud); section
609.52 (felony theft); section 609.82 (felony fraud in obtaining credit); section 609.527
(felony identity theft); section 609.582 (felony burglary); section 609.611 (felony insurance
fraud); section 609.625 (aggravated forgery); section 609.63 (forgery); section 609.631
(felony check forgery); section 609.66, subdivision 1e (felony drive-by shooting); section
609.71 (felony riot); section 609.713 (terroristic threats); section 609.72, subdivision 3
(disorderly conduct by a caregiver against a vulnerable adult); section 609.821 (felony
financial transaction card fraud); section 609.855, subdivision 5 (shooting at or in a public
transit vehicle or facility); or aiding and abetting, attempting, or conspiring to commit any
of the offenses in this subdivision.
Sec. 3.
Minnesota Statutes 2022, section 146A.08, subdivision 1, is amended to read:
Subdivision 1.
Prohibited conduct.
(a) The commissioner may impose disciplinary
action as described in section 146A.09 against any unlicensed complementary and alternative
health care practitioner. The following conduct is prohibited and is grounds for disciplinary
action:
(b) Conviction of a crime, including a finding or verdict of guilt, an admission of guilt,
or a no-contest plea, in any court in Minnesota or any other jurisdiction in the United States,
reasonably related to engaging in complementary and alternative health care practices.
Conviction, as used in this subdivision, includes a conviction of an offense which, if
committed in this state, would be deemed a felony, gross misdemeanor, or misdemeanor,
without regard to its designation elsewhere, or a criminal proceeding where a finding or
verdict of guilty is made or returned but the adjudication of guilt is either withheld or not
entered.
(c) Conviction of any crime against a person. For purposes of this chapter, a crime against
a person means violations of the following: sections 609.185; 609.19; 609.195; 609.20;
609.205; 609.2112; 609.2113; 609.2114; 609.215; 609.221; 609.222; 609.223; 609.224;
609.2242; 609.23; 609.231; 609.2325; 609.233; 609.2335; 609.235; 609.24; 609.245;new text begin
609.247;new text end 609.25; 609.255; 609.26, subdivision 1, clause (1) or (2); 609.265; 609.342;
609.343; 609.344; 609.345; 609.365; 609.498, subdivision 1; 609.50, subdivision 1, clause
(1); 609.561; 609.562; 609.595; and 609.72, subdivision 3; and Minnesota Statutes 2012,
section 609.21.
(d) Failure to comply with the self-reporting requirements of section 146A.03, subdivision
7.
(e) Engaging in sexual contact with a complementary and alternative health care client,
engaging in contact that may be reasonably interpreted by a client as sexual, engaging in
any verbal behavior that is seductive or sexually demeaning to the client, or engaging in
sexual exploitation of a client or former client.
(f) Advertising that is false, fraudulent, deceptive, or misleading.
(g) Conduct likely to deceive, defraud, or harm the public or demonstrating a willful or
careless disregard for the health, welfare, or safety of a complementary and alternative
health care client; or any other practice that may create danger to any client's life, health,
or safety, in any of which cases, proof of actual injury need not be established.
(h) Adjudication as mentally incompetent or as a person who is dangerous to self or
adjudication pursuant to chapter 253B as chemically dependent, mentally ill, developmentally
disabled, mentally ill and dangerous to the public, or as a sexual psychopathic personality
or sexually dangerous person.
(i) Inability to engage in complementary and alternative health care practices with
reasonable safety to complementary and alternative health care clients.
(j) The habitual overindulgence in the use of or the dependence on intoxicating liquors.
(k) Improper or unauthorized personal or other use of any legend drugs as defined in
chapter 151, any chemicals as defined in chapter 151, or any controlled substance as defined
in chapter 152.
(l) Revealing a communication from, or relating to, a complementary and alternative
health care client except when otherwise required or permitted by law.
(m) Failure to comply with a complementary and alternative health care client's request
made under sections 144.291 to 144.298 or to furnish a complementary and alternative
health care client record or report required by law.
(n) Splitting fees or promising to pay a portion of a fee to any other professional other
than for services rendered by the other professional to the complementary and alternative
health care client.
(o) Engaging in abusive or fraudulent billing practices, including violations of the federal
Medicare and Medicaid laws or state medical assistance laws.
(p) Failure to make reports as required by section 146A.03 or cooperate with an
investigation of the office.
(q) Obtaining money, property, or services from a complementary and alternative health
care client, other than reasonable fees for services provided to the client, through the use
of undue influence, harassment, duress, deception, or fraud.
(r) Failure to provide a complementary and alternative health care client with a copy of
the client bill of rights or violation of any provision of the client bill of rights.
(s) Violating any order issued by the commissioner.
(t) Failure to comply with any provision of sections 146A.01 to 146A.11 and the rules
adopted under those sections.
(u) Failure to comply with any additional disciplinary grounds established by the
commissioner by rule.
(v) Revocation, suspension, restriction, limitation, or other disciplinary action against
any health care license, certificate, registration, or right to practice of the unlicensed
complementary and alternative health care practitioner in this or another state or jurisdiction
for offenses that would be subject to disciplinary action in this state or failure to report to
the office that charges regarding the practitioner's license, certificate, registration, or right
of practice have been brought in this or another state or jurisdiction.
(w) Use of the title "doctor," "Dr.," or "physician" alone or in combination with any
other words, letters, or insignia to describe the complementary and alternative health care
practices the practitioner provides.
(x) Failure to provide a complementary and alternative health care client with a
recommendation that the client see a health care provider who is licensed or registered by
a health-related licensing board or the commissioner of health, if there is a reasonable
likelihood that the client needs to be seen by a licensed or registered health care provider.
Sec. 4.
Minnesota Statutes 2022, section 244.17, subdivision 3, is amended to read:
Subd. 3.
Offenders not eligible.
(a) The following offenders are not eligible to be placed
in the challenge incarceration program:
(1) offenders who are committed to the commissioner's custody following a conviction
for murder, manslaughter, criminal sexual conduct, assault, kidnapping, robbery,new text begin carjacking,new text end
arson, or any other offense involving death or intentional personal injury;
(2) offenders who were convicted within the preceding ten years of an offense described
in clause (1) and were committed to the custody of the commissioner;
(3) offenders who have been convicted or adjudicated delinquent within the past five
years for a violation of section 609.485;
(4) offenders who are committed to the commissioner's custody for an offense that
requires registration under section 243.166;
(5) offenders who are the subject of a current arrest warrant or detainer;
(6) offenders who have fewer than 180 days remaining until their supervised release
date;
(7) offenders who have had disciplinary confinement time added to their sentence or
who have been placed in segregation, unless 90 days have elapsed from the imposition of
the additional disciplinary confinement time or the last day of segregation;
(8) offenders who have received a suspended formal disciplinary sanction, unless the
suspension has expired;
(9) offenders whose governing sentence is for an offense from another state or the United
States; and
(10) offenders who have a medical condition included on the list of ineligible conditions
described in paragraph (b).
(b) The commissioner of corrections shall develop a list of medical conditions that will
disqualify an offender from participating in the challenge incarceration program. The
commissioner shall submit the list and any changes to it to the chairs and ranking minority
members of the senate and house committees having jurisdiction over criminal justice policy
and funding.
Sec. 5.
Minnesota Statutes 2022, section 245C.15, subdivision 1, is amended to read:
Subdivision 1.
Permanent disqualification.
(a) An individual is disqualified under
section 245C.14 if: (1) regardless of how much time has passed since the discharge of the
sentence imposed, if any, for the offense; and (2) unless otherwise specified, regardless of
the level of the offense, the individual has committed any of the following offenses: sections
243.166 (violation of predatory offender registration law); 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); a felony
offense under 609.221 or 609.222 (assault in the first or second degree); a felony offense
under sections 609.2242 and 609.2243 (domestic assault), spousal abuse, child abuse or
neglect, or a crime against children; 609.2247 (domestic assault by strangulation); 609.228
(great bodily harm caused by distribution of drugs); 609.245 (aggravated robbery); new text begin 609.247,
subdivision 2 or 3 (carjacking in the first or second degree); new text end 609.25 (kidnapping); 609.2661
(murder of an unborn child in the first degree); 609.2662 (murder of an unborn child in the
second degree); 609.2663 (murder of an unborn child in the third degree); 609.322
(solicitation, inducement, and promotion of prostitution); 609.324, subdivision 1 (other
prohibited acts); 609.342 (criminal sexual conduct in the first degree); 609.343 (criminal
sexual conduct in the second degree); 609.344 (criminal sexual conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree); 609.3451 (criminal sexual conduct
in the fifth degree); 609.3453 (criminal sexual predatory conduct); 609.3458 (sexual
extortion); 609.352 (solicitation of children to engage in sexual conduct); 609.365 (incest);
a felony offense under 609.377 (malicious punishment of a child); a felony offense under
609.378 (neglect or endangerment of a child); 609.561 (arson in the first degree); 609.66,
subdivision 1e (drive-by shooting); 609.749, subdivision 3, 4, or 5 (felony-level harassment
or stalking); 609.855, subdivision 5 (shooting at or in a public transit vehicle or facility);
617.23, subdivision 2, clause (1), or subdivision 3, clause (1) (indecent exposure involving
a minor); 617.246 (use of minors in sexual performance prohibited); 617.247 (possession
of pictorial representations of minors); or, for a child care background study subject,
conviction of a crime that would make the individual ineligible for employment under
United States Code, title 42, section 9858f, except for a felony drug conviction, regardless
of whether a period of disqualification under subdivisions 2 to 4, would apply if the individual
were not a child care background study subject.
(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes,
permanently disqualifies the individual under section 245C.14.
(c) An individual's offense in any other state or country, where the elements of the offense
are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies
the individual under section 245C.14.
(d) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
(e) If the individual studied commits one of the offenses listed in paragraph (a) that is
specified as a felony-level only offense, but the sentence or level of offense is a gross
misdemeanor or misdemeanor, the individual is disqualified, but the disqualification
look-back period for the offense is the period applicable to gross misdemeanor or
misdemeanor offenses.
(f) A child care background study subject shall be disqualified if the individual is
registered, or required to be registered, on a state sex offender registry or repository or the
National Sex Offender Registry.
Sec. 6.
Minnesota Statutes 2022, section 245C.15, subdivision 2, is amended to read:
Subd. 2.
15-year disqualification.
(a) An individual is disqualified under section 245C.14
if: (1) less than 15 years have passed since the discharge of the sentence imposed, if any,
for the offense; and (2) the individual has committed a felony-level violation of any of the
following offenses: sections 256.98 (wrongfully obtaining assistance); 268.182 (fraud);
393.07, subdivision 10, paragraph (c) (federal SNAP fraud); 609.165 (felon ineligible to
possess firearm); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide or injury);
609.215 (suicide); 609.223 or 609.2231 (assault in the third or fourth degree); repeat offenses
under 609.224 (assault in the fifth degree); 609.229 (crimes committed for benefit of a
gang); 609.2325 (criminal abuse of a vulnerable adult); 609.2335 (financial exploitation of
a vulnerable adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); new text begin 609.247, subdivision 4 (carjacking in the third degree); new text end 609.255 (false
imprisonment); 609.2664 (manslaughter of an unborn child in the first degree); 609.2665
(manslaughter of an unborn child in the second degree); 609.267 (assault of an unborn child
in the first degree); 609.2671 (assault of an unborn child in the second degree); 609.268
(injury or death of an unborn child in the commission of a crime); 609.27 (coercion); 609.275
(attempt to coerce); 609.466 (medical assistance fraud); 609.495 (aiding an offender);
609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); 609.52 (theft); 609.521 (possession of shoplifting gear); 609.525 (bringing stolen
goods into Minnesota); 609.527 (identity theft); 609.53 (receiving stolen property); 609.535
(issuance of dishonored checks); 609.562 (arson in the second degree); 609.563 (arson in
the third degree); 609.582 (burglary); 609.59 (possession of burglary tools); 609.611
(insurance fraud); 609.625 (aggravated forgery); 609.63 (forgery); 609.631 (check forgery;
offering a forged check); 609.635 (obtaining signature by false pretense); 609.66 (dangerous
weapons); 609.67 (machine guns and short-barreled shotguns); 609.687 (adulteration);
609.71 (riot); 609.713 (terroristic threats); 609.82 (fraud in obtaining credit); 609.821
(financial transaction card fraud); 617.23 (indecent exposure), not involving a minor; repeat
offenses under 617.241 (obscene materials and performances; distribution and exhibition
prohibited; penalty); 624.713 (certain persons not to possess firearms); chapter 152 (drugs;
controlled substance); or Minnesota Statutes 2012, section 609.21; or a felony-level
conviction involving alcohol or drug use.
(b) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.
(c) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the termination of the individual's parental rights under section 260C.301, subdivision
1, paragraph (b), or subdivision 3.
(d) An individual is disqualified under section 245C.14 if less than 15 years has passed
since the discharge of the sentence imposed for an offense in any other state or country, the
elements of which are substantially similar to the elements of the offenses listed in paragraph
(a).
(e) If the individual studied commits one of the offenses listed in paragraph (a), but the
sentence or level of offense is a gross misdemeanor or misdemeanor, the individual is
disqualified but the disqualification look-back period for the offense is the period applicable
to the gross misdemeanor or misdemeanor disposition.
(f) When a disqualification is based on a judicial determination other than a conviction,
the disqualification period begins from the date of the court order. When a disqualification
is based on an admission, the disqualification period begins from the date of an admission
in court. When a disqualification is based on an Alford Plea, the disqualification period
begins from the date the Alford Plea is entered in court. When a disqualification is based
on a preponderance of evidence of a disqualifying act, the disqualification date begins from
the date of the dismissal, the date of discharge of the sentence imposed for a conviction for
a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.
Sec. 7.
Minnesota Statutes 2022, section 245C.15, subdivision 4a, is amended to read:
Subd. 4a.
Licensed family foster setting disqualifications.
(a) Notwithstanding
subdivisions 1 to 4, for a background study affiliated with a licensed family foster setting,
regardless of how much time has passed, an individual is disqualified under section 245C.14
if the individual committed an act that resulted in a felony-level conviction for sections:
609.185 (murder in the first degree); 609.19 (murder in the second degree); 609.195 (murder
in the third degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in
the second degree); 609.2112 (criminal vehicular homicide); 609.221 (assault in the first
degree); 609.223, subdivision 2 (assault in the third degree, past pattern of child abuse);
609.223, subdivision 3 (assault in the third degree, victim under four); a felony offense
under sections 609.2242 and 609.2243 (domestic assault, spousal abuse, child abuse or
neglect, or a crime against children); 609.2247 (domestic assault by strangulation); 609.2325
(criminal abuse of a vulnerable adult resulting in the death of a vulnerable adult); 609.245
(aggravated robbery);new text begin 609.247, subdivision 2 or 3 (carjacking in the first or second degree);new text end
609.25 (kidnapping); 609.255 (false imprisonment); 609.2661 (murder of an unborn child
in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
in the second degree); 609.268 (injury or death of an unborn child in the commission of a
crime); 609.322, subdivision 1 (solicitation, inducement, and promotion of prostitution; sex
trafficking in the first degree); 609.324, subdivision 1 (other prohibited acts; engaging in,
hiring, or agreeing to hire minor to engage in prostitution); 609.342 (criminal sexual conduct
in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal
sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.3451 (criminal sexual conduct in the fifth degree); 609.3453 (criminal sexual predatory
conduct); 609.352 (solicitation of children to engage in sexual conduct); 609.377 (malicious
punishment of a child); 609.378 (neglect or endangerment of a child); 609.561 (arson in
the first degree); 609.582, subdivision 1 (burglary in the first degree); 609.746 (interference
with privacy); 617.23 (indecent exposure); 617.246 (use of minors in sexual performance
prohibited); or 617.247 (possession of pictorial representations of minors).
(b) Notwithstanding subdivisions 1 to 4, for the purposes of a background study affiliated
with a licensed family foster setting, an individual is disqualified under section 245C.14,
regardless of how much time has passed, if the individual:
(1) committed an action under paragraph (e) that resulted in death or involved sexual
abuse, as defined in section 260E.03, subdivision 20;
(2) committed an act that resulted in a gross misdemeanor-level conviction for section
609.3451 (criminal sexual conduct in the fifth degree);
(3) committed an act against or involving a minor that resulted in a felony-level conviction
for: section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the
third degree); 609.2231 (assault in the fourth degree); or 609.224 (assault in the fifth degree);
or
(4) committed an act that resulted in a misdemeanor or gross misdemeanor-level
conviction for section 617.293 (dissemination and display of harmful materials to minors).
(c) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than 20
years have passed since the termination of the individual's parental rights under section
260C.301, subdivision 1, paragraph (b), or if the individual consented to a termination of
parental rights under section 260C.301, subdivision 1, paragraph (a), to settle a petition to
involuntarily terminate parental rights. An individual is disqualified under section 245C.14
if fewer than 20 years have passed since the termination of the individual's parental rights
in any other state or country, where the conditions for the individual's termination of parental
rights are substantially similar to the conditions in section 260C.301, subdivision 1, paragraph
(b).
(d) Notwithstanding subdivisions 1 to 4, for a background study affiliated with a licensed
family foster setting, an individual is disqualified under section 245C.14 if fewer than five
years have passed since a felony-level violation for sections: 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023
(controlled substance crime in the third degree); 152.024 (controlled substance crime in the
fourth degree); 152.025 (controlled substance crime in the fifth degree); 152.0261 (importing
controlled substances across state borders); 152.0262, subdivision 1, paragraph (b)
(possession of substance with intent to manufacture methamphetamine); 152.027, subdivision
6, paragraph (c) (sale or possession of synthetic cannabinoids); 152.096 (conspiracies
prohibited); 152.097 (simulated controlled substances); 152.136 (anhydrous ammonia;
prohibited conduct; criminal penalties; civil liabilities); 152.137 (methamphetamine-related
crimes involving children or vulnerable adults); 169A.24 (felony first-degree driving while
impaired); 243.166 (violation of predatory offender registration requirements); 609.2113
(criminal vehicular operation; bodily harm); 609.2114 (criminal vehicular operation; unborn
child); 609.228 (great bodily harm caused by distribution of drugs); 609.2325 (criminal
abuse of a vulnerable adult not resulting in the death of a vulnerable adult); 609.233 (criminal
neglect); 609.235 (use of drugs to injure or facilitate a crime); 609.24 (simple robbery);new text begin
609.247, subdivision 4 (carjacking in the third degree);new text end 609.322, subdivision 1a (solicitation,
inducement, and promotion of prostitution; sex trafficking in the second degree); 609.498,
subdivision 1 (tampering with a witness in the first degree); 609.498, subdivision 1b
(aggravated first-degree witness tampering); 609.562 (arson in the second degree); 609.563
(arson in the third degree); 609.582, subdivision 2 (burglary in the second degree); 609.66
(felony dangerous weapons); 609.687 (adulteration); 609.713 (terroristic threats); 609.749,
subdivision 3, 4, or 5 (felony-level harassment or stalking); 609.855, subdivision 5 (shooting
at or in a public transit vehicle or facility); or 624.713 (certain people not to possess firearms).
(e) Notwithstanding subdivisions 1 to 4, except as provided in paragraph (a), for a
background study affiliated with a licensed family child foster care license, an individual
is disqualified under section 245C.14 if fewer than five years have passed since:
(1) a felony-level violation for an act not against or involving a minor that constitutes:
section 609.222 (assault in the second degree); 609.223, subdivision 1 (assault in the third
degree); 609.2231 (assault in the fourth degree); or 609.224, subdivision 4 (assault in the
fifth degree);
(2) a violation of an order for protection under section 518B.01, subdivision 14;
(3) a determination or disposition of the individual's failure to make required reports
under section 260E.06 or 626.557, subdivision 3, for incidents in which the final disposition
under chapter 260E or section 626.557 was substantiated maltreatment and the maltreatment
was recurring or serious;
(4) a determination or disposition of the individual's substantiated serious or recurring
maltreatment of a minor under chapter 260E, a vulnerable adult under section 626.557, or
serious or recurring maltreatment in any other state, the elements of which are substantially
similar to the elements of maltreatment under chapter 260E or section 626.557 and meet
the definition of serious maltreatment or recurring maltreatment;
(5) a gross misdemeanor-level violation for sections: 609.224, subdivision 2 (assault in
the fifth degree); 609.2242 and 609.2243 (domestic assault); 609.233 (criminal neglect);
609.377 (malicious punishment of a child); 609.378 (neglect or endangerment of a child);
609.746 (interference with privacy); 609.749 (stalking); or 617.23 (indecent exposure); or
(6) committing an act against or involving a minor that resulted in a misdemeanor-level
violation of section 609.224, subdivision 1 (assault in the fifth degree).
(f) For purposes of this subdivision, the disqualification begins from:
(1) the date of the alleged violation, if the individual was not convicted;
(2) the date of conviction, if the individual was convicted of the violation but not
committed to the custody of the commissioner of corrections; or
(3) the date of release from prison, if the individual was convicted of the violation and
committed to the custody of the commissioner of corrections.
Notwithstanding clause (3), if the individual is subsequently reincarcerated for a violation
of the individual's supervised release, the disqualification begins from the date of release
from the subsequent incarceration.
(g) An individual's aiding and abetting, attempt, or conspiracy to commit any of the
offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota
Statutes, permanently disqualifies the individual under section 245C.14. An individual is
disqualified under section 245C.14 if fewer than five years have passed since the individual's
aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs
(d) and (e).
(h) An individual's offense in any other state or country, where the elements of the
offense are substantially similar to any of the offenses listed in paragraphs (a) and (b),
permanently disqualifies the individual under section 245C.14. An individual is disqualified
under section 245C.14 if fewer than five years have passed since an offense in any other
state or country, the elements of which are substantially similar to the elements of any
offense listed in paragraphs (d) and (e).
Sec. 8.
Minnesota Statutes 2022, section 245C.24, subdivision 3, is amended to read:
Subd. 3.
Ten-year bar to set aside disqualification.
(a) The commissioner may not set
aside the disqualification of an individual in connection with a license to provide family
child care for children or foster care or day care services for adults in the provider's home
if: (1) less than ten years has passed since the discharge of the sentence imposed, if any, for
the offense; or (2) when disqualified based on a preponderance of evidence determination
under section 245C.14, subdivision 1, paragraph (a), clause (2), or an admission under
section 245C.14, subdivision 1, paragraph (a), clause (1), and less than ten years has passed
since the individual committed the act or admitted to committing the act, whichever is later;
and (3) the individual has committed a violation of any of the following offenses: sections
609.165 (felon ineligible to possess firearm); criminal vehicular homicide or criminal
vehicular operation causing death under 609.2112, 609.2113, or 609.2114 (criminal vehicular
homicide or injury); 609.215 (aiding suicide or aiding attempted suicide); felony violations
under 609.223 or 609.2231 (assault in the third or fourth degree); 609.229 (crimes committed
for benefit of a gang); 609.713 (terroristic threats); 609.235 (use of drugs to injure or to
facilitate crime); 609.24 (simple robbery);new text begin 609.247, subdivision 4 (carjacking in the third
degree);new text end 609.255 (false imprisonment); 609.562 (arson in the second degree); 609.71 (riot);
609.498, subdivision 1 or 1b (aggravated first-degree or first-degree tampering with a
witness); burglary in the first or second degree under 609.582 (burglary); 609.66 (dangerous
weapon); 609.665 (spring guns); 609.67 (machine guns and short-barreled shotguns);
609.749, subdivision 2 (gross misdemeanor harassment); 152.021 or 152.022 (controlled
substance crime in the first or second degree); 152.023, subdivision 1, clause (3) or (4) or
subdivision 2, clause (4) (controlled substance crime in the third degree); 152.024,
subdivision 1, clause (2), (3), or (4) (controlled substance crime in the fourth degree);
609.224, subdivision 2, paragraph (c) (fifth-degree assault by a caregiver against a vulnerable
adult); 609.23 (mistreatment of persons confined); 609.231 (mistreatment of residents or
patients); 609.2325 (criminal abuse of a vulnerable adult); 609.233 (criminal neglect of a
vulnerable adult); 609.2335 (financial exploitation of a vulnerable adult); 609.234 (failure
to report); 609.265 (abduction); 609.2664 to 609.2665 (manslaughter of an unborn child in
the first or second degree); 609.267 to 609.2672 (assault of an unborn child in the first,
second, or third degree); 609.268 (injury or death of an unborn child in the commission of
a crime); repeat offenses under 617.23 (indecent exposure); 617.293 (disseminating or
displaying harmful material to minors); a felony-level conviction involving alcohol or drug
use, a gross misdemeanor offense under 609.324, subdivision 1 (other prohibited acts); a
gross misdemeanor offense under 609.378 (neglect or endangerment of a child); a gross
misdemeanor offense under 609.377 (malicious punishment of a child); 609.72, subdivision
3 (disorderly conduct against a vulnerable adult); or 624.713 (certain persons not to possess
firearms); or Minnesota Statutes 2012, section 609.21.
(b) The commissioner may not set aside the disqualification of an individual if less than
ten years have passed since the individual's aiding and abetting, attempt, or conspiracy to
commit any of the offenses listed in paragraph (a) as each of these offenses is defined in
Minnesota Statutes.
(c) The commissioner may not set aside the disqualification of an individual if less than
ten years have passed since the discharge of the sentence imposed for an offense in any
other state or country, the elements of which are substantially similar to the elements of any
of the offenses listed in paragraph (a).
Sec. 9.
Minnesota Statutes 2022, section 253B.02, subdivision 4e, is amended to read:
Subd. 4e.
Crime against the person.
"Crime against the person" means a violation of
or attempt to violate any of the following provisions: sections 609.185 (murder in the first
degree); 609.19 (murder in the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the second degree); 609.2112,
609.2113, or 609.2114 (criminal vehicular homicide or injury); 609.215 (suicide); 609.221
(assault in the first degree); 609.222 (assault in the second degree); 609.223 (assault in the
third degree); 609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.23
(mistreatment of persons confined); 609.231 (mistreatment of residents or patients); 609.2325
(criminal abuse); 609.233 (criminal neglect); 609.2335 (financial exploitation of a vulnerable
adult); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245
(aggravated robbery);new text begin 609.247 (carjacking);new text end 609.25 (kidnapping); 609.255 (false
imprisonment); 609.265 (abduction); 609.27, subdivision 1, clause (1) or (2) (coercion);
609.28 (interfering with religious observance) if violence or threats of violence were used;
609.322, subdivision 1, paragraph (a), clause (2) (solicitation); 609.342 (criminal sexual
conduct in the first degree); 609.343 (criminal sexual conduct in the second degree); 609.344
(criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in the fourth
degree); 609.3458 (sexual extortion); 609.365 (incest); 609.498, subdivision 1 (tampering
with a witness); 609.50, clause (1) (obstructing legal process, arrest, and firefighting);
609.561 (arson in the first degree); 609.562 (arson in the second degree); 609.595 (damage
to property); and 609.72, subdivision 3 (disorderly conduct by a caregiver); and Minnesota
Statutes 2012, section 609.21.
Sec. 10.
Minnesota Statutes 2022, section 253D.02, subdivision 8, is amended to read:
Subd. 8.
Harmful sexual conduct.
(a) "Harmful sexual conduct" means sexual conduct
that creates a substantial likelihood of serious physical or emotional harm to another.
(b) There is a rebuttable presumption that conduct described in the following provisions
creates a substantial likelihood that a victim will suffer serious physical or emotional harm:
section 609.342 (criminal sexual conduct in the first degree), 609.343 (criminal sexual
conduct in the second degree), 609.344 (criminal sexual conduct in the third degree), 609.345
(criminal sexual conduct in the fourth degree), or 609.3458 (sexual extortion). If the conduct
was motivated by the person's sexual impulses or was part of a pattern of behavior that had
criminal sexual conduct as a goal, the presumption also applies to conduct described in
section 609.185 (murder in the first degree), 609.19 (murder in the second degree), 609.195
(murder in the third degree), 609.20 (manslaughter in the first degree), 609.205 (manslaughter
in the second degree), 609.221 (assault in the first degree), 609.222 (assault in the second
degree), 609.223 (assault in the third degree), 609.24 (simple robbery), 609.245 (aggravated
robbery),new text begin 609.247 (carjacking),new text end 609.25 (kidnapping), 609.255 (false imprisonment), 609.365
(incest), 609.498 (tampering with a witness), 609.561 (arson in the first degree), 609.582,
subdivision 1 (burglary in the first degree), 609.713 (terroristic threats), or 609.749,
subdivision 3 or 5 (harassment or stalking).
Sec. 11.
Minnesota Statutes 2022, section 260B.171, subdivision 3, is amended to read:
Subd. 3.
Disposition order; copy to school.
(a) If a juvenile is enrolled in school, the
juvenile's probation officer shall ensure that either a mailed notice or an electronic copy of
the court's disposition order be transmitted to the superintendent of the juvenile's school
district or the chief administrative officer of the juvenile's school if the juvenile has been
adjudicated delinquent for committing an act on the school's property or an act:
(1) that would be a violation of section 609.185 (first-degree murder); 609.19
(second-degree murder); 609.195 (third-degree murder); 609.20 (first-degree manslaughter);
609.205 (second-degree manslaughter); 609.2112, 609.2113, or 609.2114 (criminal vehicular
homicide or injury); 609.221 (first-degree assault); 609.222 (second-degree assault); 609.223
(third-degree assault); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault);
609.2242 (domestic assault); 609.24 (simple robbery); 609.245 (aggravated robbery);new text begin
609.247 (carjacking);new text end 609.25 (kidnapping); 609.255 (false imprisonment); 609.342
(first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual
conduct); 609.3451 (fifth-degree criminal sexual conduct); 609.498 (tampering with a
witness); 609.561 (first-degree arson); 609.582, subdivision 1 or 2 (burglary); 609.713
(terroristic threats); or 609.749 (harassment or stalking), if committed by an adult; or
Minnesota Statutes 2012, section 609.21;
(2) that would be a violation of section 152.021 (first-degree controlled substance crime);
152.022 (second-degree controlled substance crime); 152.023 (third-degree controlled
substance crime); 152.024 (fourth-degree controlled substance crime); 152.025 (fifth-degree
controlled substance crime); 152.0261 (importing a controlled substance); 152.0262
(possession of substances with intent to manufacture methamphetamine); or 152.027 (other
controlled substance offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous weapon as defined in section
609.02, subdivision 6.
When a disposition order is transmitted under this subdivision, the probation officer
shall notify the juvenile's parent or legal guardian that the disposition order has been shared
with the juvenile's school.
(b) In addition, the juvenile's probation officer may transmit a copy of the court's
disposition order to the superintendent of the juvenile's school district or the chief
administrative officer of the juvenile's school if the juvenile has been adjudicated delinquent
for offenses not listed in paragraph (a) and placed on probation. The probation officer shall
notify the superintendent or chief administrative officer when the juvenile is discharged
from probation.
(c) The disposition order must be accompanied by a notice to the school that the school
may obtain additional information from the juvenile's probation officer with the consent of
the juvenile or the juvenile's parents, as applicable. The disposition order must be maintained,
shared, or released only as provided in section 121A.75.
(d) The juvenile's probation officer shall maintain a record of disposition orders released
under this subdivision and the basis for the release.
(e) No later than September 1, 2002, the criminal and juvenile justice information policy
group, in consultation with representatives of probation officers and educators, shall prepare
standard forms for use by juvenile probation officers in forwarding information to schools
under this subdivision and in maintaining a record of the information that is released. The
group shall provide a copy of any forms or procedures developed under this paragraph to
the legislature by January 15, 2003.
(f) As used in this subdivision, "school" means a charter school or a school as defined
in section 120A.22, subdivision 4, except a home school.
Sec. 12.
Minnesota Statutes 2022, section 299A.296, subdivision 2, is amended to read:
Subd. 2.
Grant procedure.
(a) A local unit of government or a nonprofit
community-based entity may apply for a grant by submitting an application with the
commissioner. The applicant shall specify the following in its application:
(1) a description of each program for which funding is sought;
(2) outcomes and performance indicators for the program;
(3) a description of the planning process that identifies local community needs, surveys
existing programs, provides for coordination with existing programs, and involves all affected
sectors of the community;
(4) the geographical area to be served by the program;
(5) statistical information as to the number of arrests in the geographical area for violent
crimes and for crimes involving Schedule I and II controlled substances. "Violent crime"
includes a violation of or an attempt or conspiracy to violate any of the following laws:
sections 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;new text begin 609.247;new text end 609.25; 609.255; 609.2661;
609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343;
609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, subdivision 1;
609.687; or any provision of chapter 152 that is punishable by a maximum sentence greater
than ten years; or Minnesota Statutes 2012, section 609.21; and
(6) the number of economically disadvantaged youth in the geographical areas to be
served by the program.
(b) The commissioner shall give priority to funding community-based collaboratives,
programs that demonstrate substantial involvement by members of the community served
by the program and programs that either serve the geographical areas that have the highest
crime rates, as measured by the data supplied under paragraph (a), clause (5), or serve
geographical areas that have the largest concentrations of economically disadvantaged youth.
Up to 2.5 percent of the appropriation may be used by the commissioner to administer the
program.
Sec. 13.
Minnesota Statutes 2022, section 299C.105, subdivision 1, is amended to read:
Subdivision 1.
Required collection of biological specimen for DNA testing.
(a) Sheriffs,
peace officers, and community corrections agencies operating secure juvenile detention
facilities shall take or cause to be taken biological specimens for the purpose of DNA analysis
as defined in section 299C.155, of the following:
(1) persons who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or persons having been convicted of or attempting
to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 deleted text begin ordeleted text end new text begin ,new text end aggravated robbery under section 609.245new text begin , or
carjacking under section 609.247new text end ;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) persons sentenced as patterned sex offenders under section 609.3455, subdivision
3a; or
(3) juveniles who have appeared in court and have had a judicial probable cause
determination on a charge of committing, or juveniles having been adjudicated delinquent
for committing or attempting to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 deleted text begin ordeleted text end new text begin ,new text end aggravated robbery under section 609.245new text begin , or
carjacking under section 609.247new text end ;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342, 609.343, 609.344, 609.345,
609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3.
(b) Unless the superintendent of the bureau requires a shorter period, within 72 hours
the biological specimen required under paragraph (a) must be forwarded to the bureau in
such a manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers shall attempt to ensure that the biological
specimen is taken on a person described in paragraph (a).
Sec. 14.
Minnesota Statutes 2022, section 299C.67, subdivision 2, is amended to read:
Subd. 2.
Background check crime.
"Background check crime" means:
(a)(1) a felony violation of section 609.185 (first-degree murder); 609.19 (second-degree
murder); 609.20 (first-degree manslaughter); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault); 609.25 (kidnapping); 609.342
(first-degree criminal sexual conduct); 609.343 (second-degree criminal sexual conduct);
609.344 (third-degree criminal sexual conduct); 609.345 (fourth-degree criminal sexual
conduct); 609.3458 (sexual extortion); 609.561 (first-degree arson); or 609.749 (harassment
or stalking);
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that would be a violation under clause
(1) or an attempt under clause (2) in this state; or
(b)(1) a felony violation of section 609.195 (third-degree murder); 609.205
(second-degree manslaughter); 609.2112, 609.2113, or 609.2114 (criminal vehicular homicide
or injury); 609.2231 (fourth-degree assault); 609.224 (fifth-degree assault); 609.24 (simple
robbery); 609.245 (aggravated robbery);new text begin 609.247 (carjacking);new text end 609.255 (false imprisonment);
609.52 (theft); 609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic threats); or a
nonfelony violation of section 609.749 (harassment); or Minnesota Statutes 2012, section
609.21;
(2) an attempt to commit a crime in clause (1); or
(3) a conviction for a crime in another jurisdiction that would be a violation under clause
(1) or an attempt under clause (2) in this state.
Sec. 15.
Minnesota Statutes 2022, section 326.3381, subdivision 3, is amended to read:
Subd. 3.
Disqualification.
No person is qualified to hold a license who has:
(1) been convicted of (i) a felony by the courts of this or any other state or of the United
States; (ii) acts which, if done in Minnesota, would be criminal sexual conduct; assault;
theft; larceny; burglary; robbery;new text begin carjacking;new text end unlawful entry; extortion; defamation; buying
or receiving stolen property; using, possessing, manufacturing, or carrying weapons
unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; possession,
production, sale, or distribution of narcotics unlawfully; or (iii) in any other country of acts
which, if done in Minnesota, would be a felony or would be any of the other offenses
provided in this clause and for which a full pardon or similar relief has not been granted;
(2) made any false statement in an application for a license or any document required
to be submitted to the board; or
(3) failed to demonstrate to the board good character, honesty, and integrity.
Sec. 16.
Minnesota Statutes 2022, 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;new text begin 609.247;new text end 609.25;
609.255; 609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
609.322; 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.
Sec. 17.
Minnesota Statutes 2022, section 609.11, subdivision 9, is amended to read:
Subd. 9.
Applicable offenses.
The crimes for which mandatory minimum sentences
shall be served as provided in this section are: murder in the first, second, or third degree;
assault in the first, second, or third degree; burglary; kidnapping; false imprisonment;
manslaughter in the first or second degree; aggravated robbery; simple robbery;new text begin carjacking
in the first, second, or third degree;new text end first-degree or aggravated first-degree witness tampering;
criminal sexual conduct under the circumstances described in sections 609.342, subdivision
1, and subdivision 1a, clauses (a) to (f) and (i); 609.343, subdivision 1, and subdivision 1a,
clauses (a) to (f) and (i); and 609.344, subdivision 1, clauses (a) to (c) and (d), under the
conditions described in section 609.341, subdivision 24, clause (2), item (i), (ii), or (iii),
and subdivision 1a, clauses (a) to (e), (h), and (i), under the conditions described in section
609.341, subdivision 24, clause (2), item (i), (ii), or (iii); escape from custody; arson in the
first, second, or third degree; drive-by shooting under section 609.66, subdivision 1e;
harassment under section 609.749, subdivision 3, paragraph (a), clause (3); possession or
other unlawful use of a firearm or ammunition in violation of section 609.165, subdivision
1b, or 624.713, subdivision 1, clause (2), a felony violation of chapter 152; or any attempt
to commit any of these offenses.
Sec. 18.
Minnesota Statutes 2022, section 609.185, is amended to read:
609.185 MURDER IN THE FIRST DEGREE.
(a) Whoever does any of the following is guilty of murder in the first degree and shall
be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation and with intent to effect the
death of the person or of another;
(2) causes the death of a human being while committing or attempting to commit criminal
sexual conduct in the first or second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect the death of the person or
another, while committing or attempting to commit burglary, aggravated robbery,new text begin carjacking
in the first or second degree,new text end kidnapping, arson in the first or second degree, a drive-by
shooting, tampering with a witness in the first degree, escape from custody, or any felony
violation of chapter 152 involving the unlawful sale of a controlled substance;
(4) causes the death of a peace officer, prosecuting attorney, judge, or a guard employed
at a Minnesota state or local correctional facility, with intent to effect the death of that person
or another, while the person is engaged in the performance of official duties;
(5) causes the death of a minor while committing child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon a child and the death occurs under
circumstances manifesting an extreme indifference to human life;
(6) causes the death of a human being while committing domestic abuse, when the
perpetrator has engaged in a past pattern of domestic abuse upon the victim or upon another
family or household member and the death occurs under circumstances manifesting an
extreme indifference to human life; or
(7) causes the death of a human being while committing, conspiring to commit, or
attempting to commit a felony crime to further terrorism and the death occurs under
circumstances manifesting an extreme indifference to human life.
(b) For the purposes of paragraph (a), clause (4), "prosecuting attorney" has the meaning
given in section 609.221, subdivision 2, paragraph (c), clause (4).
(c) For the purposes of paragraph (a), clause (4), "judge" has the meaning given in section
609.221, subdivision 2, paragraph (c), clause (5).
(d) For purposes of paragraph (a), clause (5), "child abuse" means an act committed
against a minor victim that constitutes a violation of the following laws of this state or any
similar laws of the United States or any other state: section 609.221; 609.222; 609.223;
609.224; 609.2242; 609.342; 609.343; 609.344; 609.345; 609.377; 609.378; or 609.713.
(e) For purposes of paragraph (a), clause (6), "domestic abuse" means an act that:
(1) constitutes a violation of section 609.221, 609.222, 609.223, 609.224, 609.2242,
609.342, 609.343, 609.344, 609.345, 609.713, or any similar laws of the United States or
any other state; and
(2) is committed against the victim who is a family or household member as defined in
section 518B.01, subdivision 2, paragraph (b).
(f) For purposes of paragraph (a), clause (7), "further terrorism" has the meaning given
in section 609.714, subdivision 1.
Sec. 19.
Minnesota Statutes 2022, section 609.2661, is amended to read:
609.2661 MURDER OF UNBORN CHILD IN THE FIRST DEGREE.
Whoever does any of the following is guilty of murder of an unborn child in the first
degree and must be sentenced to imprisonment for life:
(1) causes the death of an unborn child with premeditation and with intent to effect the
death of the unborn child or of another;
(2) causes the death of an unborn child while committing or attempting to commit
criminal sexual conduct in the first or second degree with force or violence, either upon or
affecting the mother of the unborn child or another; or
(3) causes the death of an unborn child with intent to effect the death of the unborn child
or another while committing or attempting to commit burglary, aggravated robbery,new text begin
carjacking in the first or second degree,new text end kidnapping, arson in the first or second degree,
tampering with a witness in the first degree, or escape from custody.
Sec. 20.
Minnesota Statutes 2022, section 609.341, subdivision 22, is amended to read:
Subd. 22.
Predatory crime.
"Predatory crime" means a felony violation of section
609.185 (first-degree murder), 609.19 (second-degree murder), 609.195 (third-degree
murder), 609.20 (first-degree manslaughter), 609.205 (second-degree manslaughter), 609.221
(first-degree assault), 609.222 (second-degree assault), 609.223 (third-degree assault),
609.24 (simple robbery), 609.245 (aggravated robbery),new text begin 609.247 (carjacking),new text end 609.25
(kidnapping), 609.255 (false imprisonment), 609.498 (tampering with a witness), 609.561
(first-degree arson), or 609.582, subdivision 1 (first-degree burglary).
Sec. 21.
Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:
Subd. 3.
Sentence.
Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245;new text begin 609.247;new text end 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state,
the United States, or a foreign jurisdiction, in conformity with any of those sections, and
the person received a felony or gross misdemeanor sentence for the offense, or a sentence
that was stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), (13), and (19), the value of the money or property or services received by the defendant
in violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
Sec. 22.
Minnesota Statutes 2022, section 609.526, subdivision 2, is amended to read:
Subd. 2.
Crime described.
Any precious metal dealer or scrap metal dealer or any person
employed by a dealer, who receives, possesses, transfers, buys, or conceals any stolen
property or property obtained by robberynew text begin or carjackingnew text end , knowing or having reason to know
the property was stolen or obtained by robberynew text begin or carjackingnew text end , may be sentenced as follows:
(1) if the value of the property received, bought, or concealed is $1,000 or more, to
imprisonment for not more than ten years or to payment of a fine of not more than $50,000,
or both;
(2) if the value of the property received, bought, or concealed is less than $1,000 but
more than $500, to imprisonment for not more than three years or to payment of a fine of
not more than $25,000, or both;
(3) if the value of the property received, bought, or concealed is $500 or less, to
imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both.
Any person convicted of violating this section a second or subsequent time within a
period of one year may be sentenced as provided in clause (1).
Sec. 23.
Minnesota Statutes 2022, section 609.531, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given them.
(a) "Conveyance device" means a device used for transportation and includes, but is not
limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment
attached to it. The term "conveyance device" does not include property which is, in fact,
itself stolen or taken in violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department
of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the
Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District
Department of Public Safety, the Department of Natural Resources Division of Enforcement,
the University of Minnesota Police Department, the Department of Corrections Fugitive
Apprehension Unit, a city, metropolitan transit, or airport police department; or a
multijurisdictional entity established under section 299A.642 or 299A.681.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter, chapter 152 or 624;
(2) for driver's license or identification card transactions: any violation of section 171.22;
and
(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy
to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245;new text begin 609.247;new text end
609.25; 609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, or subdivision 1a,
clauses (a) to (f) and (i); 609.343, subdivision 1, or subdivision 1a, clauses (a) to (f) and (i);
609.344, subdivision 1, or subdivision 1a, clauses (a) to (e), (h), or (i); 609.345, subdivision
1, or subdivision 1a, clauses (a) to (e), (h), and (i); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section
609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a
felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.
(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.
(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.
(i) "Asserting person" means a person, other than the driver alleged to have used a vehicle
in the transportation or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained under this
section.
Sec. 24.
Minnesota Statutes 2022, section 609.631, subdivision 4, is amended to read:
Subd. 4.
Sentencing.
A person who is convicted under subdivision 2 or 3 may be
sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,
property or services of more than $35,000 or the aggregate amount of the forged check or
checks is more than $35,000;
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,
property or services of more than $2,500 or the aggregate amount of the forged check or
checks is more than $2,500;
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if:
(a) the forged check or checks are used to obtain or in an attempt to obtain, property or
services of more than $250 but not more than $2,500, or the aggregate face amount of the
forged check or checks is more than $250 but not more than $2,500; or
(b) the forged check or checks are used to obtain or in an attempt to obtain, property or
services of no more than $250, or have an aggregate face value of no more than $250, and
the person has been convicted within the preceding five years for an offense under this
section, section 609.24; 609.245;new text begin 609.247;new text end 609.52; 609.53; 609.582, subdivision 1, 2, or 3;
609.625; 609.63; or 609.821, or a statute from another state in conformity with any of those
sections, and the person received a felony or gross misdemeanor sentence for the offense,
or a sentence that was stayed under section 609.135 if the offense to which a plea was
entered would allow imposition of a felony or gross misdemeanor sentence; and
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the forged check or checks are used to obtain or in an attempt to obtain,
property or services of no more than $250, or the aggregate face amount of the forged check
or checks is no more than $250.
In any prosecution under this subdivision, the value of the checks forged or offered by
the defendant in violation of this subdivision within any six-month period may be aggregated
and the defendant charged accordingly in applying the provisions of this section. When two
or more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the checks was forged or offered for all
of the offenses aggregated under this paragraph.
Sec. 25.
Minnesota Statutes 2022, section 609.632, subdivision 4, is amended to read:
Subd. 4.
Penalty.
(a) A person who is convicted of violating subdivision 1 or 2 may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both.
(b) A person who is convicted of violating subdivision 3 may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain
property or services having a value of more than $35,000, or the aggregate face value of
the counterfeited item is more than $35,000;
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property
or services having a value of more than $5,000, or the aggregate face value of the
counterfeited item is more than $5,000;
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if:
(i) the counterfeited item is used to obtain or in an attempt to obtain property or services
having a value of more than $1,000 or the aggregate face value of the counterfeited item is
more than $1,000; or
(ii) the counterfeited item is used to obtain or in an attempt to obtain property or services
having a value of no more than $1,000, or the aggregate face value of the counterfeited item
is no more than $1,000, and the person has been convicted within the preceding five years
for an offense under this section, section 609.24; 609.245;new text begin 609.247;new text end 609.52; 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; or 609.821, or a statute from another state or the
United States in conformity with any of those sections, and the person received a felony or
gross misdemeanor sentence for the offense, or a sentence that was stayed under section
609.135 if the offense to which a plea was entered would allow the imposition of a felony
or gross misdemeanor sentence; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the counterfeited item is used to obtain or in an attempt to obtain property
or services having a value of no more than $1,000, or the aggregate face value of the
counterfeited item is no more than $1,000.
Sec. 26.
Minnesota Statutes 2022, section 609.821, subdivision 3, is amended to read:
Subd. 3.
Sentence.
(a) A person who commits financial transaction card fraud may be
sentenced as follows:
(1) for a violation of subdivision 2, clause (1), (2), (5), (8), or (9):
(i) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the value of the property the person obtained or attempted to obtain
was more than $35,000, or the aggregate amount of the transactions under this subdivision
was more than $35,000; or
(ii) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property the person obtained or attempted to obtain was
more than $2,500, or the aggregate amount of the transactions under this subdivision was
more than $2,500; or
(iii) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the value of the property the person obtained or attempted to obtain
was more than $250 but not more than $2,500, or the aggregate amount of the transactions
under this subdivision was more than $250 but not more than $2,500; or
(iv) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the value of the property the person obtained or attempted to obtain
was not more than $250, or the aggregate amount of the transactions under this subdivision
was not more than $250, and the person has previously been convicted within the preceding
five years for an offense under this section, section 609.24; 609.245;new text begin 609.247;new text end 609.52;
609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; or 609.631, or a statute from
another state in conformity with any of those sections, and the person received a felony or
gross misdemeanor sentence for the offense, or a sentence that was stayed under section
609.135 if the offense to which a plea was entered would allow imposition of a felony or
gross misdemeanor sentence; or
(v) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property the person obtained or attempted to obtain was
not more than $250, or the aggregate amount of the transactions under this subdivision was
not more than $250;
(2) for a violation of subdivision 2, clause (3) or (4), to imprisonment for not more than
three years or to payment of a fine of not more than $5,000, or both; or
(3) for a violation of subdivision 2, clause (6) or (7):
(i) if no property, other than a financial transaction card, has been obtained by the
defendant by means of the false statement or false report, to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both; or
(ii) if property, other than a financial transaction card, is so obtained, in the manner
provided in clause (1).
(b) In any prosecution under paragraph (a), clause (1), the value of the transactions made
or attempted within any six-month period may be aggregated and the defendant charged
accordingly in applying the provisions of this section. When two or more offenses are
committed by the same person in two or more counties, the accused may be prosecuted in
any county in which one of the card transactions occurred for all of the transactions
aggregated under this paragraph.
Sec. 27.
Minnesota Statutes 2022, section 609B.161, is amended to read:
609B.161 PRIVATE DETECTIVE OR PROTECTIVE AGENT BUSINESS
LICENSE; DISQUALIFICATION.
Under section 326.3381, a person is disqualified from holding a private detective or
protective agent business license if that person has been convicted of:
(1) a felony by the courts of this or any other state or of the United States;
(2) acts which, if committed in Minnesota, would be criminal sexual conduct; assault;
theft; larceny; burglary; robbery;new text begin carjacking;new text end unlawful entry; extortion; defamation; buying
or receiving stolen property; using, possessing, manufacturing, or carrying weapons
unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; or possession,
production, sale, or distribution of narcotics unlawfully; or
(3) acts in any other country which, if committed in Minnesota, would be a felony or
considered as any of the other offenses listed in clause (2) and for which a full pardon or
similar relief has not been granted.
Sec. 28.
Minnesota Statutes 2022, section 611A.031, is amended to read:
611A.031 VICTIM INPUT REGARDING PRETRIAL DIVERSION.
A prosecutor shall make every reasonable effort to notify and seek input from the victim
prior to referring a person into a pretrial diversion program in lieu of prosecution for a
violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 609.221, 609.222, 609.223,
609.224, 609.2242, 609.24, 609.245,new text begin 609.247,new text end 609.25, 609.255, 609.342, 609.343, 609.344,
609.345, 609.365, 609.498, 609.561, 609.582, subdivision 1, 609.687, 609.713, and 609.749.
Sec. 29.
Minnesota Statutes 2022, section 611A.036, subdivision 7, is amended to read:
Subd. 7.
Definition.
As used in this section, "violent crime" means a violation or attempt
to violate any of the following: section 609.185 (murder in the first degree); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.2112, 609.2113, or 609.2114
(criminal vehicular homicide or injury); 609.221 (assault in the first degree); 609.222 (assault
in the second degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth
degree); 609.2241 (knowing transfer of communicable disease); 609.2242 (domestic assault);
609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation); 609.228
(great bodily harm caused by distribution of drugs); 609.23 (mistreatment of persons
confined); 609.231 (mistreatment of residents or patients); 609.2325 (criminal abuse);
609.233 (criminal neglect); 609.235 (use of drugs to injure or facilitate crime); 609.24
(simple robbery); 609.245 (aggravated robbery);new text begin 609.247 (carjacking);new text end 609.25 (kidnapping);
609.255 (false imprisonment); 609.265 (abduction); 609.2661 (murder of an unborn child
in the first degree); 609.2662 (murder of an unborn child in the second degree); 609.2663
(murder of an unborn child in the third degree); 609.2664 (manslaughter of an unborn child
in the first degree); 609.2665 (manslaughter of an unborn child in the second degree);
609.267 (assault of an unborn child in the first degree); 609.2671 (assault of an unborn child
in the second degree); 609.2672 (assault of an unborn child in the third degree); 609.268
(injury or death of an unborn child in commission of a crime); 609.282 (labor trafficking);
609.322 (solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342
(criminal sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second
degree); 609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual
conduct in the fourth degree); 609.3451 (criminal sexual conduct in the fifth degree);
609.3453 (criminal sexual predatory conduct); 609.3458 (sexual extortion); 609.352
(solicitation of children to engage in sexual conduct); 609.377 (malicious punishment of a
child); 609.378 (neglect or endangerment of a child); 609.561, subdivision 1 (arson in the
first degree; dwelling); 609.582, subdivision 1, paragraph (a) or (c) (burglary in the first
degree; occupied dwelling or involving an assault); 609.66, subdivision 1e, paragraph (b)
(drive-by shooting; firing at or toward a person, or an occupied building or motor vehicle);
or 609.749, subdivision 2 (harassment); or Minnesota Statutes 2012, section 609.21.
Sec. 30.
Minnesota Statutes 2022, section 611A.08, subdivision 6, is amended to read:
Subd. 6.
Violent crime; definition.
For purposes of this section, "violent crime" means
an offense named in sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245;new text begin 609.247;new text end 609.25; 609.255; 609.342; 609.343; 609.344;
609.345; 609.3458; 609.561; 609.562; 609.563; and 609.582, or an attempt to commit any
of these offenses. "Violent crime" includes crimes in other states or jurisdictions which
would have been within the definition set forth in this subdivision if they had been committed
in this state.
Sec. 31.
Minnesota Statutes 2022, section 624.712, subdivision 5, is amended to read:
Subd. 5.
Crime of violence.
"Crime of violence" means: felony convictions of the
following offenses: sections 609.185 (murder in the first degree); 609.19 (murder in the
second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the first
degree); 609.205 (manslaughter in the second degree); 609.215 (aiding suicide and aiding
attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2231 (assault in the fourth degree);
609.224 (assault in the fifth degree); 609.2242 (domestic assault); 609.2247 (domestic
assault by strangulation); 609.229 (crimes committed for the benefit of a gang); 609.235
(use of drugs to injure or facilitate crime); 609.24 (simple robbery); 609.245 (aggravated
robbery);new text begin 609.247 (carjacking);new text end 609.25 (kidnapping); 609.255 (false imprisonment); 609.322
(solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in
the fourth degree); 609.377 (malicious punishment of a child); 609.378 (neglect or
endangerment of a child); 609.486 (commission of crime while wearing or possessing a
bullet-resistant vest); 609.52 (involving theft of a firearm and theft involving the theft of a
controlled substance, an explosive, or an incendiary device); 609.561 (arson in the first
degree); 609.562 (arson in the second degree); 609.582, subdivision 1 or 2 (burglary in the
first and second degrees); 609.66, subdivision 1e (drive-by shooting); 609.67 (unlawfully
owning, possessing, operating a machine gun or short-barreled shotgun); 609.71 (riot);
609.713 (terroristic threats); 609.749 (harassment); 609.855, subdivision 5 (shooting at a
public transit vehicle or facility); and chapter 152 (drugs, controlled substances); and an
attempt to commit any of these offenses.
Sec. 32.
Minnesota Statutes 2022, section 626A.05, subdivision 2, is amended to read:
Subd. 2.
Offenses for which interception of wire or oral communication may be
authorized.
A warrant authorizing interception of wire, electronic, or oral communications
by investigative or law enforcement officers may only be issued when the interception may
provide evidence of the commission of, or of an attempt or conspiracy to commit, any of
the following offenses:
(1) a felony offense involving murder, manslaughter, assault in the first, second, and
third degrees, aggravated robbery,new text begin carjacking in the first or second degree,new text end kidnapping,
criminal sexual conduct in the first, second, and third degrees, prostitution, bribery, perjury,
escape from custody, theft, receiving stolen property, embezzlement, burglary in the first,
second, and third degrees, forgery, aggravated forgery, check forgery, or financial transaction
card fraud, as punishable under sections 609.185, 609.19, 609.195, 609.20, 609.221, 609.222,
609.223, 609.2231, 609.245,new text begin 609.247, subdivision 2 or 3,new text end 609.25, 609.321 to 609.324,
609.342, 609.343, 609.344, 609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause
(1), 609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631, 609.821, and 609.825;
(2) an offense relating to gambling or controlled substances, as punishable under section
609.76 or chapter 152; or
(3) an offense relating to restraint of trade defined in section 325D.53, subdivision 1 or
2, as punishable under section 325D.56, subdivision 2.
Sec. 33.
Minnesota Statutes 2022, section 629.361, is amended to read:
629.361 PEACE OFFICERS RESPONSIBLE FOR CUSTODY OF STOLEN
PROPERTY.
A peace officer arresting a person charged with committing or aiding in the committing
of a robbery, aggravated robbery,new text begin carjacking,new text end or theft shall use reasonable diligence to secure
the property alleged to have been stolen. After seizure of the property, the officer shall be
answerable for it while it remains in the officer's custody. The officer shall annex a schedule
of the property to the return of the warrant. Upon request of the county attorney, the law
enforcement agency that has custody of the property alleged to have been stolen shall deliver
the property to the custody of the county attorney for use as evidence at an omnibus hearing
or at trial. The county attorney shall make a receipt for the property and be responsible for
the property while it is in the county attorney's custody. When the offender is convicted,
whoever has custody of the property shall turn it over to the owner.
Sec. 34. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective August 1, 2023.
new text end
APPENDIX
Repealed Minnesota Statutes: S1267-1
No active language found for: 609.293.1
No active language found for: 609.293.5
No active language found for: 609.34
No active language found for: 609.36
No active language found for: 617.20
No active language found for: 617.201
No active language found for: 617.202
No active language found for: 617.21
No active language found for: 617.28
No active language found for: 617.29
626.93 LAW ENFORCEMENT AUTHORITY; TRIBAL PEACE OFFICERS.
No active language found for: 626.93.7