SF 1355

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to firearms; requiring persons who own or 
  1.3             possess a pistol or semiautomatic military-style 
  1.4             assault weapon to obtain a license from the 
  1.5             commissioner of public safety; establishing standards 
  1.6             for the issuance of licenses; requiring transferors of 
  1.7             pistols and semiautomatic military-style assault 
  1.8             weapons to register the transfer and the serial number 
  1.9             of the weapon with the commissioner of public safety; 
  1.10            imposing penalties; requiring sheriffs and chiefs of 
  1.11            police to report certain gunshot wounds to the 
  1.12            commissioner of health; amending Minnesota Statutes 
  1.13            1994, sections 624.714, subdivisions 1, 4, 5, 6, and 
  1.14            by adding a subdivision; 624.7151; and 626.53; 
  1.15            repealing Minnesota Statutes 1994, sections 609.66, 
  1.16            subdivision 1f; 624.7131; 624.7132; 624.714, 
  1.17            subdivision 3; and 624.7141; proposing coding for new 
  1.18            law in Minnesota Statutes, chapter 624. 
  1.19  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.20     Section 1.  [624.7135] [OWNERSHIP AND POSSESSION OF PISTOLS 
  1.21  AND SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS; LICENSE 
  1.22  REQUIRED.] 
  1.23     Subdivision 1.  [LICENSE REQUIREMENT.] No person, other 
  1.24  than a peace officer, as defined in section 626.84, may own or 
  1.25  possess a pistol or semiautomatic military-style assault weapon 
  1.26  in this state unless the person has a valid, current license 
  1.27  issued by the commissioner of public safety under this section. 
  1.28     Subd. 2.  [APPLICATION PROCESS.] A person may apply for a 
  1.29  license to own or possess a pistol or semiautomatic 
  1.30  military-style assault weapon by providing, in person, the 
  1.31  following information to the commissioner of public safety or 
  1.32  the commissioner's designee: 
  2.1      (1) a background check certificate issued within the past 
  2.2   30 days by the chief of police of the municipality in which the 
  2.3   person resides or, if there is no chief of police, by the 
  2.4   sheriff of the county in which the person resides stating that a 
  2.5   background check conducted under subdivision 3 shows that the 
  2.6   person is not prohibited from possessing a pistol or 
  2.7   semiautomatic military-style assault weapon; and 
  2.8      (2) a firearms safety certificate recognized by the 
  2.9   department of natural resources.  
  2.10  The commissioner or the commissioner's designee shall take a 
  2.11  color photograph of the applicant at the time the application is 
  2.12  submitted.  The commissioner may charge the applicant a 
  2.13  reasonable fee to cover the cost of the licensing process. 
  2.14     Subd. 3.  [BACKGROUND CHECK.] (a) A person may apply for a 
  2.15  background check certificate by providing the following 
  2.16  information in writing to the chief of police of the 
  2.17  municipality in which the person resides or to the county 
  2.18  sheriff if there is no local chief of police: 
  2.19     (1) the applicant's name, residence, telephone number, and 
  2.20  driver's license number or nonqualification certificate number, 
  2.21  if any; 
  2.22     (2) the applicant's sex, date of birth, height, weight, 
  2.23  color of eyes, and distinguishing physical characteristics, if 
  2.24  any; 
  2.25     (3) a statement that the applicant authorizes the release 
  2.26  to the local police authority of commitment information about 
  2.27  the applicant maintained by the commissioner of human services 
  2.28  to the extent that the information relates to the applicant's 
  2.29  eligibility to possess a pistol or semiautomatic military-style 
  2.30  assault weapon under section 624.713, subdivision 1; and 
  2.31     (4) a statement by the applicant that the applicant is not 
  2.32  prohibited by section 624.713 from possessing a pistol or 
  2.33  semiautomatic military-style assault weapon. 
  2.34     The statements shall be signed and dated by the applicant. 
  2.35  The statement under clause (3) must comply with any applicable 
  2.36  requirements of Code of Federal Regulations, title 42, sections 
  3.1   2.31 to 2.35, with respect to consent to disclosure of alcohol 
  3.2   or drug patient records.  At the time of application, the local 
  3.3   police authority may charge the applicant a reasonable fee to 
  3.4   cover the cost of conducting the background check and shall 
  3.5   provide the applicant with a dated receipt for the application. 
  3.6      (b) The chief of police or sheriff shall check criminal 
  3.7   histories, records, and warrant information relating to the 
  3.8   applicant through the Minnesota crime information system and the 
  3.9   national criminal record repository and shall make a reasonable 
  3.10  effort to check other available state and local record keeping 
  3.11  systems.  The chief of police or sheriff shall obtain commitment 
  3.12  information from the commissioner of human services as provided 
  3.13  in section 245.041. 
  3.14     (c) The chief of police or sheriff shall issue a 
  3.15  certificate to the applicant within five business days of the 
  3.16  application.  The certificate shall be based on the results of 
  3.17  the background check and shall state the date on which the 
  3.18  background check was performed.  The certificate shall state 
  3.19  whether the applicant is or is not prohibited from possessing a 
  3.20  pistol or semiautomatic military-style assault weapon. 
  3.21     Subd. 4.  [GRANT OR DENIAL OF LICENSE.] The commissioner 
  3.22  shall issue a license to own or possess a pistol or 
  3.23  semiautomatic military-style assault weapon or deny the 
  3.24  application within five business days of the application.  The 
  3.25  commissioner shall provide the applicant with written 
  3.26  notification of a denial and the specific reason for it.  Any 
  3.27  person aggrieved by the denial of a license application may seek 
  3.28  review as provided in sections 14.57 to 14.69. 
  3.29     Subd. 5.  [CONTENTS; VALIDITY.] A license granted under 
  3.30  this section shall contain the following information: 
  3.31     (1) the date of issuance and a unique license number; 
  3.32     (2) the license holder's name, current address, date of 
  3.33  birth, sex, height, weight, and eye color; and 
  3.34     (3) the color photograph of the license holder that was 
  3.35  taken at the time of the application. 
  3.36  The license is valid statewide for four years from the date of 
  4.1   issuance and is not transferable.  The license becomes invalid 
  4.2   and must be returned to the commissioner if the person becomes 
  4.3   ineligible to possess a pistol or semiautomatic military-style 
  4.4   assault weapon under section 624.713 at any time within this 
  4.5   four-year period.  The license may be renewed in the same manner 
  4.6   and subject to the same restrictions under which the original 
  4.7   license was obtained. 
  4.8      Subd. 6.  [REQUIREMENT TO CARRY LICENSE.] A person, other 
  4.9   than a peace officer, as defined in section 626.84, must carry 
  4.10  the person's license to own or possess the pistol or 
  4.11  semiautomatic military-style assault weapon whenever the person 
  4.12  possesses a pistol or semiautomatic military-style assault 
  4.13  weapon in a place other than the person's dwelling house or 
  4.14  premises. 
  4.15     Subd. 7.  [PLACES WHERE PISTOL POSSESSION IS LAWFUL.] A 
  4.16  license to own or possess a pistol authorizes the license holder 
  4.17  to carry the pistol only in the locations and for the purposes 
  4.18  described in section 624.714, subdivision 9.  A person must 
  4.19  obtain a permit to carry under section 624.714 in order to carry 
  4.20  the pistol in any other location. 
  4.21     Subd. 8.  [STATEWIDE RECORD SYSTEM OF LICENSE HOLDERS.] The 
  4.22  commissioner shall maintain a statewide, computerized record 
  4.23  system containing identifying information on and the license 
  4.24  numbers of persons who have been granted a license under this 
  4.25  section.  Information in the record system shall be readily 
  4.26  available on a 24-hour basis to requesting law enforcement 
  4.27  agencies. 
  4.28     Subd. 9.  [PENALTIES.] (a) A person who does any of the 
  4.29  following is guilty of a gross misdemeanor: 
  4.30     (1) owns or possesses a pistol or semiautomatic 
  4.31  military-style assault weapon without having first obtained a 
  4.32  license under this section; 
  4.33     (2) owns or possesses a pistol or semiautomatic 
  4.34  military-style assault weapon after a license issued under this 
  4.35  section has expired or has otherwise become invalid; 
  4.36     (3) makes a false statement in order to obtain a license; 
  5.1      (4) transfers a license in violation of this section; or 
  5.2      (5) fails to carry a license in violation of this section. 
  5.3      (b) The court shall notify the commissioner when a person 
  5.4   is convicted of a violation under this section.  Upon receipt of 
  5.5   the court's notification, the commissioner shall revoke or deny 
  5.6   issuance of the person's license to own or possess a pistol or 
  5.7   semiautomatic military assault weapon for a period of three 
  5.8   years. 
  5.9      Sec. 2.  [624.7136] [PISTOL AND SEMIAUTOMATIC 
  5.10  MILITARY-STYLE ASSAULT WEAPON TRANSFERS; REQUIREMENTS.] 
  5.11     Subdivision 1.  [DEFINITION.] As used in this section, 
  5.12  "transfer" has the meaning given in section 624.712, subdivision 
  5.13  6, but does not include: 
  5.14     (1) a transfer of an antique firearm as a curiosity or for 
  5.15  its historical significance or value; 
  5.16     (2) a transfer to or between federally licensed firearms 
  5.17  dealers; 
  5.18     (3) a transfer by order of court; 
  5.19     (4) an involuntary transfer; 
  5.20     (5) a transfer at death; 
  5.21     (6) a loan to a prospective transferee if the loan is 
  5.22  intended for a period of no more than one day; 
  5.23     (7) the delivery of a pistol or semiautomatic 
  5.24  military-style assault weapon to a person for the purpose of 
  5.25  repair, reconditioning, or remodeling; 
  5.26     (8) a loan by a teacher to a student in a course designed 
  5.27  to teach marksmanship or safety with a pistol and approved by 
  5.28  the commissioner of natural resources; 
  5.29     (9) a loan between persons at a firearms collectors 
  5.30  exhibition; 
  5.31     (10) a loan between persons lawfully engaged in hunting or 
  5.32  target shooting if the loan is intended for a period of no more 
  5.33  than 12 hours; 
  5.34     (11) a loan between peace officers, as defined in section 
  5.35  626.84; and 
  5.36     (12) a loan between employees or between the employer and 
  6.1   an employee in a business if the employee is required to carry a 
  6.2   pistol or semiautomatic military-style assault weapon by reason 
  6.3   of employment and is the holder of a valid permit to carry a 
  6.4   pistol. 
  6.5      Subd. 2.  [TRANSFEREE LICENSE REQUIRED.] No person shall 
  6.6   transfer a pistol or semiautomatic military-style assault weapon 
  6.7   to another unless the transferee presents a valid, current 
  6.8   license to own and possess the pistol or semiautomatic 
  6.9   military-style assault weapon issued under section 1. 
  6.10     Subd. 3.  [INFORMATION.] Every person who agrees to 
  6.11  transfer a pistol or semiautomatic military-style assault weapon 
  6.12  shall report the following information in writing to the 
  6.13  commissioner of public safety within three days of the transfer: 
  6.14     (1) the name and address of the transferee and the number 
  6.15  of the license presented by the transferee authorizing the 
  6.16  transferee to own or possess a pistol or semiautomatic 
  6.17  military-style assault weapon; and 
  6.18     (2) the serial number of the pistol or semiautomatic 
  6.19  military-style assault weapon that was transferred. 
  6.20     Subd. 4.  [RECORDS; REGISTRATION CARD.] (a) At the time of 
  6.21  the transfer, the transferor shall give the transferee a 
  6.22  temporary registration card.  The temporary registration card 
  6.23  shall contain the information described in paragraph (c) and 
  6.24  shall be valid for 30 days following the date of the transfer.  
  6.25  The expiration date of the temporary registration card shall be 
  6.26  clearly displayed on the card.  
  6.27     (b) Upon receipt of the information required under 
  6.28  subdivision 3, the commissioner shall record the transferee's 
  6.29  name, license number, and pistol or semiautomatic military-style 
  6.30  assault weapon serial number in a statewide, computerized record 
  6.31  system and shall issue a permanent registration card to the 
  6.32  transferee within 30 days.  Information in the registration 
  6.33  record system shall be readily available on a 24-hour basis to 
  6.34  requesting law enforcement agencies. 
  6.35     (c) The temporary and permanent registration cards shall 
  6.36  contain the transferee's name, license number and pistol or 
  7.1   semiautomatic military-style assault weapon serial number and 
  7.2   shall identify the transferee as the person entitled to own and 
  7.3   possess the pistol or semiautomatic military-style assault 
  7.4   weapon. 
  7.5      Subd. 5.  [REQUIREMENT TO CARRY REGISTRATION CARD.] A 
  7.6   person, other than a peace officer, as defined in section 
  7.7   626.84, must carry the person's registration card whenever the 
  7.8   person possesses a pistol or semiautomatic military-style 
  7.9   assault weapon in a place other than the person's dwelling house 
  7.10  or premises. 
  7.11     Subd. 6.  [VALIDITY; SUBSEQUENT TRANSFERS.] The 
  7.12  registration card is valid until the person transfers the pistol 
  7.13  or semiautomatic military-style assault weapon to another.  The 
  7.14  registration card becomes invalid whenever the person becomes 
  7.15  ineligible to possess a pistol or semiautomatic military-style 
  7.16  assault weapon under section 624.713. 
  7.17     Subd. 7.  [PENALTIES.] (a) Except as otherwise provided in 
  7.18  paragraph (b), a person who does any of the following is guilty 
  7.19  of a gross misdemeanor: 
  7.20     (1) fails to carry a registration card as required by 
  7.21  subdivision 5; 
  7.22     (2) transfers a pistol or semiautomatic military-style 
  7.23  assault weapon to another in violation of this section; 
  7.24     (3) transfers a pistol or semiautomatic military-style 
  7.25  assault weapon to a person who has made a false statement in 
  7.26  order to become a transferee, if the transferor knows or has 
  7.27  reason to know the transferee has made the false statement; 
  7.28     (4) knowingly becomes a transferee in violation of this 
  7.29  section; or 
  7.30     (5) makes a false statement in order to become a transferee 
  7.31  of a pistol or semiautomatic military-style assault weapon 
  7.32  knowing or having reason to know the statement is false. 
  7.33     (b) A person who does any of the following is guilty of a 
  7.34  felony:  
  7.35     (1) transfers a pistol or semiautomatic military-style 
  7.36  assault weapon to a person under the age of 18 in violation of 
  8.1   this section; 
  8.2      (2) transfers a pistol or semiautomatic military-style 
  8.3   assault weapon to a person under the age of 18 who has made a 
  8.4   false statement in order to become a transferee, if the 
  8.5   transferor knows or has reason to know the transferee has made 
  8.6   the false statement; or 
  8.7      (3) transfers a pistol or semiautomatic military-style 
  8.8   assault weapon to a transferee whom the transferor knows is 
  8.9   ineligible to possess the weapon if the transferee possesses or 
  8.10  uses the weapon within one year after the transfer in 
  8.11  furtherance of a felony crime of violence. 
  8.12     Sec. 3.  Minnesota Statutes 1994, section 624.714, 
  8.13  subdivision 1, is amended to read: 
  8.14     Subdivision 1.  [PENALTY.] (a) A person, other than a law 
  8.15  enforcement officer who has authority to make arrests other than 
  8.16  citizens arrests, who carries, holds or possesses a pistol in a 
  8.17  motor vehicle, snowmobile or boat, or on or about the person's 
  8.18  clothes or the person, or otherwise in possession or control in 
  8.19  a public place or public area without first having obtained a 
  8.20  permit to carry the pistol is guilty of a gross misdemeanor.  A 
  8.21  person who is convicted a second or subsequent time is guilty of 
  8.22  a felony.  
  8.23     (b) A person who has been issued a permit and who either 
  8.24  fails to carry the permit while carrying the pistol or engages 
  8.25  in activities other than those for which the permit has been 
  8.26  issued, is guilty of a misdemeanor. 
  8.27     Sec. 4.  Minnesota Statutes 1994, section 624.714, is 
  8.28  amended by adding a subdivision to read: 
  8.29     Subd. 2a.  [CONTENTS.] (a) Applications for permits to 
  8.30  carry shall set forth the following information: 
  8.31     (1) the name and address of the applicant and the number 
  8.32  and issuance date of the license authorizing the applicant to 
  8.33  own or possess a pistol; 
  8.34     (2) the nature of the occupation or personal safety hazard 
  8.35  requiring a permit to carry; 
  8.36     (3) a statement that the applicant authorizes the release 
  9.1   to the local police authority of commitment information about 
  9.2   the applicant maintained by the commissioner of human services, 
  9.3   to the extent that the information relates to the applicant's 
  9.4   eligibility to possess a pistol or semiautomatic military-style 
  9.5   assault weapon under section 624.713, subdivision 1; 
  9.6      (4) a statement by the applicant that the applicant is not 
  9.7   prohibited by section 624.713 from possessing a pistol or 
  9.8   semiautomatic military-style assault weapon; and 
  9.9      (5) a recent color photograph of the applicant. 
  9.10  The statements shall be signed and dated by the applicant.  The 
  9.11  statement under clause (3) must comply with any applicable 
  9.12  requirements of Code of Federal Regulations, title 42, sections 
  9.13  2.31 to 2.35, with respect to consent to disclosure of alcohol 
  9.14  or drug abuse patient records. 
  9.15     (b) If the applicant's license to own or possess a pistol 
  9.16  was issued more than one year before the date of the 
  9.17  application, the chief of police or sheriff may not issue a 
  9.18  permit to carry to the applicant without first conducting an 
  9.19  investigation under subdivision 4 and determining that the 
  9.20  person is not a person prohibited by section 624.713 from 
  9.21  possessing a pistol. 
  9.22     Sec. 5.  Minnesota Statutes 1994, section 624.714, 
  9.23  subdivision 4, is amended to read: 
  9.24     Subd. 4.  [INVESTIGATION.] If an investigation is required 
  9.25  under subdivision 2a, the application authority shall check 
  9.26  criminal records, histories, and warrant information on each the 
  9.27  applicant through the Minnesota Crime Information System. The 
  9.28  chief of police or sheriff shall obtain commitment information 
  9.29  from the commissioner of human services as provided in section 
  9.30  245.041. 
  9.31     Sec. 6.  Minnesota Statutes 1994, section 624.714, 
  9.32  subdivision 5, is amended to read: 
  9.33     Subd. 5.  [GRANTING OF PERMITS.] No permit to carry shall 
  9.34  be granted to a person unless the applicant: 
  9.35     (a) (1) is not a person prohibited by section 624.713 from 
  9.36  possessing a pistol; 
 10.1      (b) Provides a firearms safety certificate recognized by 
 10.2   the department of natural resources, evidence of successful 
 10.3   completion of a test of ability to use a firearm supervised by 
 10.4   the chief of police or sheriff or other satisfactory proof of 
 10.5   ability to use a pistol safely; and 
 10.6      (c) (2) has a valid, current license to own or possess a 
 10.7   pistol issued under section 1; and 
 10.8      (3) has an occupation or personal safety hazard requiring a 
 10.9   permit to carry. 
 10.10     Sec. 7.  Minnesota Statutes 1994, section 624.714, 
 10.11  subdivision 6, is amended to read: 
 10.12     Subd. 6.  [FAILURE TO GRANT PERMITS.] Failure of the chief 
 10.13  police officer or the county sheriff to deny the application or 
 10.14  issue a permit to carry a pistol within 21 days of the date of 
 10.15  application shall be deemed to be a grant thereof.  The local 
 10.16  police authority shall provide an applicant with written 
 10.17  notification of a denial and the specific reason for the denial. 
 10.18  A chief of police or a sheriff may charge a fee to cover the 
 10.19  cost of conducting a background check, not to exceed $10.  The 
 10.20  permit shall specify the activities for which it shall be 
 10.21  valid and shall specify that the permit must be carried whenever 
 10.22  the person carries a pistol. 
 10.23     Sec. 8.  Minnesota Statutes 1994, section 624.7151, is 
 10.24  amended to read: 
 10.25     624.7151 [STANDARDIZED FORMS.] 
 10.26     By December 1, 1992, The commissioner of public safety 
 10.27  shall adopt statewide standards governing the form and contents, 
 10.28  as required by sections 624.7131 624.7135 to 624.714, of every 
 10.29  application for a pistol transferee permit, pistol transferee 
 10.30  permit, report of transfer of a pistol license to own or possess 
 10.31  a pistol or semiautomatic military-style assault weapon, 
 10.32  background check certificate, application for a permit to carry 
 10.33  a pistol, and permit to carry a pistol that is granted or 
 10.34  renewed on or after January 1, 1993 the effective date of this 
 10.35  act.  The adoption of these standards is not subject to the 
 10.36  rulemaking provisions of chapter 14. 
 11.1      Every application for a pistol transferee permit, pistol 
 11.2   transferee permit, report of transfer of a pistol license to own 
 11.3   or possess a pistol or semiautomatic military-style assault 
 11.4   weapon, background check certificate, application for a permit 
 11.5   to carry a pistol, and permit to carry a pistol that is 
 11.6   received, granted, or renewed by the commissioner of public 
 11.7   safety or a police chief or county sheriff on or after January 
 11.8   1, 1993 the effective date of this act, must meet the statewide 
 11.9   standards adopted by the commissioner of public safety. 
 11.10  Notwithstanding the previous sentence, neither failure of the 
 11.11  department of public safety to adopt standards nor failure of 
 11.12  the police chief or county sheriff to meet them shall delay the 
 11.13  timely processing of applications nor invalidate permits issued 
 11.14  on other forms meeting the requirements of sections 624.7131 
 11.15  624.7135 to 624.714. 
 11.16     Sec. 9.  Minnesota Statutes 1994, section 626.53, is 
 11.17  amended to read: 
 11.18     626.53 [REPORT BY TELEPHONE AND LETTER.] 
 11.19     Subdivision 1.  [REPORTS TO SHERIFFS AND POLICE CHIEFS.] 
 11.20  The report required by section 626.52, subdivision 2, shall be 
 11.21  made forthwith by telephone or in person, and shall be promptly 
 11.22  supplemented by letter, enclosed in a securely sealed, postpaid 
 11.23  envelope, addressed to the sheriff of the county in which the 
 11.24  wound is examined, dressed, or otherwise treated; except that, 
 11.25  if the place in which the patient is treated for such injury or 
 11.26  the patient's wound dressed or bandaged be in a city of the 
 11.27  first, second, or third class, such report shall be made and 
 11.28  transmitted as herein provided to the chief of police of such 
 11.29  city instead of the sheriff.  Except as otherwise provided in 
 11.30  subdivision 2, the office of any such sheriff and of any such 
 11.31  chief of police shall keep the report as a confidential 
 11.32  communication and shall not disclose the name of the person 
 11.33  making the same, and the party making the report shall not by 
 11.34  reason thereof be subpoenaed, examined, or forced to testify in 
 11.35  court as a consequence of having made such a report.  
 11.36     Subd. 2.  [REPORTS TO DEPARTMENT OF HEALTH.] Upon receiving 
 12.1   a report of a wound caused by or arising from the discharge of a 
 12.2   firearm, the sheriff or chief of police shall forward the 
 12.3   information contained in the report to the commissioner of 
 12.4   health.  The sheriff or chief of police shall not disclose the 
 12.5   name of the person who made the report.  The commissioner shall 
 12.6   maintain a statewide, computerized record system containing the 
 12.7   information received under this subdivision.  Information in the 
 12.8   record system shall be readily available on a 24-hour basis to 
 12.9   requesting law enforcement agencies. 
 12.10     Sec. 10.  [REPEALER.] 
 12.11     Minnesota Statutes 1994, sections 609.66, subdivision 1f; 
 12.12  624.7131; 624.7132; 624.714, subdivision 3; and 624.7141, are 
 12.13  repealed. 
 12.14     Sec. 11.  [EFFECTIVE DATE.] 
 12.15     (a) Section 1 is effective August 1, 1995, and applies to 
 12.16  persons who own or possess a pistol or semiautomatic 
 12.17  military-style assault weapon on or after that date; except that 
 12.18  a person who owns or possesses a pistol or semiautomatic 
 12.19  military-style assault weapon before August 1, 1995, may 
 12.20  continue to own or possess the firearm without obtaining a 
 12.21  license until August 1, 1996, or the date on which the person's 
 12.22  driver's license expires, whichever is later.  If the person 
 12.23  does not have a driver's license, the person may continue to own 
 12.24  or possess the firearm without obtaining a license until August 
 12.25  1, 1996. 
 12.26     (b) Sections 2 to 10 are effective August 1, 1995, and 
 12.27  apply to transfers of firearms, permit to carry applications, 
 12.28  and crimes committed on or after that date.