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SF 1270

1st Engrossment - 89th Legislature (2015 - 2016) Posted on 09/09/2015 01:56pm

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

Bill Text Versions

Engrossments
Introduction Posted on 02/27/2015
1st Engrossment Posted on 04/07/2015

Current Version - 1st Engrossment

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A bill for an act
relating to public safety; amending provisions on data privacy, evidence, crime
victim protections, and criminal defenses relating to sex trafficking; creating
new criminal penalties; amending Minnesota Statutes 2014, sections 13.82,
subdivision 17; 609.324, subdivision 1; 609.325, subdivision 4, by adding a
subdivision; 609.3471; 611A.26, subdivisions 1, 6; 617.242, subdivision 6;
628.26.

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

Section 1.

Minnesota Statutes 2014, section 13.82, subdivision 17, is amended to read:


Subd. 17.

Protection of identities.

A law enforcement agency or a law enforcement
dispatching agency working under direction of a law enforcement agency shall withhold
public access to data on individuals to protect the identity of individuals in the following
circumstances:

(a) when access to the data would reveal the identity of an undercover law
enforcement officer, as provided in section 13.43, subdivision 5;

(b) when access to the data would reveal the identity of a victim or alleged victim of
criminal sexual conduct or deleted text begin of a violation ofdeleted text end new text begin sex trafficking under new text end section new text begin 609.322, 609.341
to 609.3451, or
new text end 617.246, subdivision 2;

(c) when access to the data would reveal the identity of a paid or unpaid informant
being used by the agency if the agency reasonably determines that revealing the identity of
the informant would threaten the personal safety of the informant;

(d) when access to the data would reveal the identity of a victim of or witness to a
crime if the victim or witness specifically requests not to be identified publicly, unless the
agency reasonably determines that revealing the identity of the victim or witness would
not threaten the personal safety or property of the individual;

(e) when access to the data would reveal the identity of a deceased person whose
body was unlawfully removed from a cemetery in which it was interred;

(f) when access to the data would reveal the identity of a person who placed a call to a
911 system or the identity or telephone number of a service subscriber whose phone is used
to place a call to the 911 system and: (1) the agency determines that revealing the identity
may threaten the personal safety or property of any person; or (2) the object of the call is
to receive help in a mental health emergency. For the purposes of this paragraph, a voice
recording of a call placed to the 911 system is deemed to reveal the identity of the caller;

(g) when access to the data would reveal the identity of a juvenile witness and
the agency reasonably determines that the subject matter of the investigation justifies
protecting the identity of the witness; or

(h) when access to the data would reveal the identity of a mandated reporter under
section 609.456, 626.556, or 626.557.

Data concerning individuals whose identities are protected by this subdivision are
private data about those individuals. Law enforcement agencies shall establish procedures
to acquire the data and make the decisions necessary to protect the identity of individuals
described in clauses (c), (d), (f), and (g).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to
violations committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2014, section 609.324, subdivision 1, is amended to read:


Subdivision 1.

Engaging in, hiring, or agreeing to hire minor to engage in
prostitution; penalties.

(a) Whoever intentionally does any of the following may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not
more than $40,000, or both:

(1) engages in prostitution with an individual under the age of 13 years; or

(2) hires or offers or agrees to hire an individual under the age of 13 years to engage
in sexual penetration or sexual contact.

(b) Whoever intentionally does any of the following 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:

(1) engages in prostitution with an individual under the age of 16 years but at least
13 years; or

(2) hires or offers or agrees to hire an individual under the age of 16 years but at
least 13 years to engage in sexual penetration or sexual contact.

(c) Whoever intentionally does any of the following may be sentenced to
imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both:

(1) engages in prostitution with an individual under the age of 18 years but at least
16 years; deleted text begin or
deleted text end

(2) hires or offers or agrees to hire an individual under the age of 18 years but at
least 16 years to engage in sexual penetration or sexual contactnew text begin ; or
new text end

new text begin (3) hires or offers or agrees to hire an individual who the actor reasonably believes
to be under the age of 18 years to engage in sexual penetration or sexual contact
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2014, section 609.325, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin No defense; undercover operative. new text end

new text begin The fact that an undercover operative
or law enforcement officer was involved in the detection or investigation of an offense
shall not be a defense to a prosecution under section 609.324.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2014, section 609.325, subdivision 4, is amended to read:


Subd. 4.

Affirmative defense.

It is an affirmative defense to a charge under section
609.324new text begin , subdivision 6 or 7,new text end if the defendant proves by a preponderance of the evidence
that the defendant is a labor trafficking victim, as defined in section 609.281, or a sex
trafficking victim, as defined in section 609.321, and that the defendant committed the deleted text begin act
only under compulsion by another who by explicit or implicit threats created a reasonable
apprehension in the mind of the defendant that if the defendant did not commit the act,
the person would inflict bodily harm upon the defendant
deleted text end new text begin acts underlying the charge as a
result of being a labor trafficking or sex trafficking victim
new text end .

Sec. 5.

Minnesota Statutes 2014, section 609.3471, is amended to read:


609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no data contained in records or
reports relating to petitions, complaints, or indictments issued pursuant to section new text begin 609.322,
new text end 609.342, 609.343, 609.344, 609.345, or 609.3453, which specifically identifies a victim
who is a minor shall be accessible to the public, except by order of the court. Nothing
in this section authorizes denial of access to any other data contained in the records or
reports, including the identity of the defendant.

Sec. 6.

Minnesota Statutes 2014, section 611A.26, subdivision 1, is amended to read:


Subdivision 1.

Polygraph prohibition.

No law enforcement agency or prosecutor
shall require that a complainant of a criminal sexual conduct new text begin or sex trafficking new text end offense
submit to a polygraph examination as part of or a condition to proceeding with the
investigation, charging, or prosecution of such offense.

Sec. 7.

Minnesota Statutes 2014, section 611A.26, subdivision 6, is amended to read:


Subd. 6.

Definitions.

For the purposes of this section, the following terms have
the meanings given.

(a) "Criminal sexual conduct" means a violation of section 609.342, 609.343,
609.344, 609.345, or 609.3451.

(b) new text begin "Sex trafficking" means a violation of section 609.322.
new text end

new text begin (c) new text end "Complainant" means a person reporting to have been subjected to criminal
sexual conductnew text begin or sex traffickingnew text end .

deleted text begin (c)deleted text end new text begin (d)new text end "Polygraph examination" means any mechanical or electrical instrument or
device of any type used or allegedly used to examine, test, or question individuals for
the purpose of determining truthfulness.

Sec. 8.

Minnesota Statutes 2014, section 617.242, subdivision 6, is amended to read:


Subd. 6.

Restrictions on ownership or management by persons convicted of
certain crimes.

A person who has been convicted of one of the following offenses may
not operate or manage an adult business establishment for three years after discharge of
the sentence for the offense, or a similar offense in another state or jurisdiction:

(1) prostitution new text begin or sex trafficking new text end under section 609.321; new text begin 609.322; new text end 609.324; or
609.3242;

(2) criminal sexual conduct under sections 609.342 to 609.3451;

(3) solicitation of children under section 609.352;

(4) indecent exposure under section 617.23;

(5) distribution or exhibition of obscene materials and performances under section
617.241;

(6) use of a minor in a sexual performance under section 617.246; or

(7) possession of pornographic work involving minors under section 617.247.

Sec. 9.

Minnesota Statutes 2014, 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 sectionsnew text begin 609.322 andnew text end 609.342 to
609.345new text begin ,new text end if the victim was under the age of 18 years at the time the offense was committed,
shall be found or made and filed in the proper court within the later of nine years after
the commission of the offense or three years after the offense was reported to law
enforcement authorities.

(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sectionsnew text begin 609.322 andnew text end 609.342 to 609.344 may be found or made and filed
in the proper court at any time after commission of the offense, if physical evidence is
collected and preserved that is capable of being tested for its DNA characteristics. If
this evidence is not collected and preserved and the victim was 18 years old or older
at the time of the offense, the prosecution must be commenced within nine years after
the commission of the offense.

(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2
, clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.

(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision
2
, 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, shall be found or made and filed in
the proper court within five years after the commission of the offense.

(i) 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.

(j) 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.

(k) 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.

(l) 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.

(m) 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.

(n) 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, 2015, 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, 2015.
new text end