2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime; amending the definition of 1.3 manslaughter in the first degree, manslaughter in the 1.4 second degree, receiving profits from prostitution; 1.5 requiring reports on wounds received from gunshots; 1.6 expanding the definition of electronic incapacitation 1.7 device and increasing the penalty for its unauthorized 1.8 use; authorizing use of drivers' license photographs 1.9 to investigate or prosecute crimes; precluding the 1.10 expungement of criminal records in diversion cases; 1.11 authorizing sentencing courts to order the payment of 1.12 restitution to victim assistance programs; adding a 1.13 fine provision to the terroristic threats crime; 1.14 authorizing peace officers to detain probationers 1.15 based on an order from the chief executive officer of 1.16 a community corrections agency; requiring certain 1.17 information to be gathered from crime victims and 1.18 presented at bail hearings; requiring notification to 1.19 certain victims of bail hearings; requiring 1.20 notification to local law enforcement agencies of the 1.21 pretrial release of certain defendants; codifying the 1.22 establishment of a criminal alert network; prohibiting 1.23 the dissemination of false or misleading information 1.24 on the criminal alert network; clarifying procedures 1.25 governing disposition of seized animals; providing 1.26 penalties; amending Minnesota Statutes 1994, sections 1.27 171.07, subdivision 1a; 299A.28; 299C.11; 343.235; 1.28 343.29, subdivision 1; 343.235; 343.29, subdivision 1; 1.29 401.02, subdivision 4; 609.10; 609.125; 609.20; 1.30 609.205; 609.323, subdivision 2, and by adding a 1.31 subdivision; 609.713, subdivisions 1 and 2; 624.731, 1.32 subdivisions 1 and 8; 626.53; and 629.715, subdivision 1.33 1; proposing coding for new law in Minnesota Statutes, 1.34 chapters 299A; 609; and 629. 1.35 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.36 Section 1. Minnesota Statutes 1994, section 171.07, 1.37 subdivision 1a, is amended to read: 1.38 Subd. 1a. [FILING PHOTOGRAPHS OR IMAGES; DATA 1.39 CLASSIFICATION.] The department shall file, or contract to file, 1.40 all photographs or electronically produced images obtained in 2.1 the process of issuing driver licenses or Minnesota 2.2 identification cards. The photographs or electronically 2.3 produced images shall be private data pursuant to section 13.02, 2.4 subdivision 12. Notwithstanding section 13.04, subdivision 3, 2.5 the department shall not be required to provide copies of 2.6 photographs or electronically produced images to data subjects. 2.7 The use of the files is restricted: 2.8 (1) to the issuance and control of driver licenses; 2.9 (2) for law enforcement purposes in the investigation and 2.10 prosecution of
felonies and violations of section 169.09;2.11 169.121; 169.123; 169.129; 171.22; 171.24; 171.30; 609.41;2.12 609.487, subdivision 3; 609.631, subdivision 4, clause (3);2.13 609.821, subdivision 3, clauses (1), item (iv), and (3); or2.14 617.23crimes; and 2.15 (3) for child support enforcement purposes under section 2.16 256.978. 2.17 Sec. 2. Minnesota Statutes 1994, section 299A.28, is 2.18 amended to read: 2.19 299A.28 [MCGRUFF SAFE HOUSEPROGRAM.] 2.20 Subdivision 1. [SYMBOL.] The symbol of "McGruff" with the 2.21 phrase "McGruff House" is the symbol to designate a house in 2.22 this state where a child may seek help when threatened. 2.23 Subd. 2. [DUTIES OF COMMISSIONER.] The commissioner of 2.24 public safety shall: 2.25 (1) design or adopt a standard symbol to designate a safe2.26 "McGruff" house that is the "McGruff" symbol used in other 2.27 states; 2.28 (2) make available written information about the safe2.29 "McGruff" house program and "McGruff" symbols to school 2.30 districts and law enforcement agencies; 2.31 (3) publicize the safe"McGruff" house program in as many 2.32 ways as is reasonably practical; 2.33 (4) require the appropriate local law enforcement agency to 2.34 maintain a register of safe"McGruff" houses; 2.35 (5) either directly or through cooperation with the 2.36 appropriate law enforcement agencies conduct background checks 3.1 on persons who apply to have their house be a safe"McGruff" 3.2 house. 3.3 Subd. 3. [DISPLAY OF SYMBOL.] A person displaying the 3.4 "McGruff" symbol so that it is visible from the outside of their 3.5 house must be approved as a safe"McGruff" house by the 3.6 appropriate local law enforcement agency. The appropriate law 3.7 enforcement agency must supply the symbol to the person. The 3.8 symbol is the property of the law enforcement agency, and a 3.9 person must return the symbol to the law enforcement agency if 3.10 the agency determines that the house no longer qualifies as a 3.11 "McGruff" house. Violation of this subdivision is a misdemeanor. 3.12 Subd. 4. [ SAFE"MCGRUFF" HOUSES; REQUIREMENTS.] The 3.13 appropriate law enforcement agency must provide "McGruff" 3.14 symbols to persons who apply for symbols if they agree in 3.15 writing to follow the terms of the safe"McGruff" house program 3.16 and pass a background check by the appropriate local law 3.17 enforcement agency. 3.18 Subd. 5. [EXCLUSIVE SYMBOL.] The safe"McGruff" house 3.19 symbol provided by this section is the exclusive symbol 3.20 for safe"McGruff" houses in this state. 3.21 Subd. 6. [RULES.] The commissioner of public safety may 3.22 adopt rules necessary to implement this section. 3.23 Sec. 3. [299A.61] [CRIMINAL ALERT NETWORK.] 3.24 The commissioner of public safety, in cooperation with the 3.25 commissioner of administration, shall develop and maintain an 3.26 integrated criminal alert network to facilitate the 3.27 communication of crime prevention information by electronic 3.28 means among state agencies, law enforcement officials, and the 3.29 private sector. The network shall disseminate data regarding 3.30 the commission of crimes, including information on missing and 3.31 endangered children, and attempt to reduce theft and other crime 3.32 by the use of electronic transmission of information. 3.33 Sec. 4. Minnesota Statutes 1994, section 299C.11, is 3.34 amended to read: 3.35 299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.] 3.36 The sheriff of each county and the chief of police of each 4.1 city of the first, second, and third classes shall furnish the 4.2 bureau, upon such form as the superintendent shall prescribe, 4.3 with such finger and thumb prints, photographs, distinctive 4.4 physical mark identification data, and other identification data 4.5 as may be requested or required by the superintendent of the 4.6 bureau, which may be taken under the provisions of section 4.7 299C.10, of persons who shall be convicted of a felony, gross 4.8 misdemeanor, or who shall be found to have been convicted of a 4.9 felony or gross misdemeanor, within ten years next preceding 4.10 their arrest. Upon the determination of all pending criminal 4.11 actions or proceedings in favor of the arrested person, the 4.12 arrested person shall, upon demand, have all such finger and 4.13 thumb prints, photographs, distinctive physical mark 4.14 identification data, and other identification data, and all 4.15 copies and duplicates thereof, returned, provided it is not 4.16 established that the arrested person has been convicted of any 4.17 felony, either within or without the state, within the period of 4.18 ten years immediately preceding such determination. 4.19 For purposes of this section, "determination of all pending 4.20 criminal actions or proceedings in favor of the arrested person" 4.21 does not include: 4.22 (1) the sealing of a criminal record pursuant to section 4.23 152.18, subdivision 1, 242.31, or 609.168; or 4.24 (2) the arrested person's successful completion of a 4.25 diversion program. 4.26 Sec. 5. Minnesota Statutes 1994, section 343.235, is 4.27 amended to read: 4.28 343.235 [DISPOSITION OF SEIZED ANIMALS.] 4.29 Subdivision 1. [GENERAL RULE.] An animal taken into 4.30 custody under section 343.22 or 343.29 may be humanely disposed 4.31 of at the discretion of the jurisdiction having custody of the 4.32 animal seventen days after the animal is taken into custody, 4.33 provided that the procedures in subdivision 3 are followed. An 4.34 animal raised for food or fiber products shall not be seized or 4.35 disposed of without prior examination by a licensed veterinarian 4.36 pursuant to a warrant issued by a judge. 5.1 Subd. 2. [SECURITY.] A person claiming an interest in an 5.2 animal in custody under subdivision 1 may prevent disposition of 5.3 the animal by posting a bond orsecurity in an amount sufficient 5.4 to provide for the animal's actual costs of care and keeping for5.5 at least 30 days, inclusive of the date on which the animal was5.6 taken into custody. Even if a bond or security is posted, the5.7 authority having custody of the animal may humanely dispose of5.8 the animal at the end of the time for which expenses of care and5.9 keeping are covered by the bond or security, unless there is a5.10 court order prohibiting the disposition. The order must provide5.11 for a bond or other security in the amount necessary to protect5.12 the authority having custody of the animal from any cost of the5.13 care, keeping, or disposal of the animal.The security must be 5.14 posted within ten days of the seizure inclusive of the date of 5.15 the seizure. 5.16 Subd. 3. [NOTICE; RIGHT TO HEARING.] (a) The authority 5.17 taking custody of an animal under section 343.22 or 343.29 shall 5.18 give notice of this section by delivering or mailing it to a 5.19 person claiming an interest in the animal or by posting a copy 5.20 of it at the place where the animal is taken into custody or by 5.21 delivering it to a person residing on the property, and 5.22 telephoning, if possible. The notice must include: 5.23 (1) a description of the animal seized; the authority and 5.24 purpose for the seizure; the time, place, and circumstances 5.25 under which the animal was seized; and the location, address, 5.26 telephone number, and contact person where the animal is kept; 5.27 (2) a statement that a person claiming an interest in the 5.28 animal may post security to prevent disposition of the animal 5.29 and may request a hearing concerning the seizure or impoundment 5.30 and that failure to do so within ten days of the date of the 5.31 notice will result in disposition of the animal; and 5.32 (3) a statement that all actual costs of the care, keeping, 5.33 and disposal of the animal are the responsibility of the person 5.34 claiming an interest in the animal, except to the extent that a 5.35 court or hearing officer finds that the seizure or impoundment 5.36 was not substantially justified by law. 6.1 The notice must also include a form that can be used by a 6.2 person claiming an interest in the animal for requesting a 6.3 hearing under this subdivision. 6.4 (b) Upon request of a person claiming an interest in the 6.5 animal, which request must be made within ten days of the date 6.6 of seizure, a hearing must be held within five business days of 6.7 the request, to determine the validity of the seizure and 6.8 impoundment. If the seizure was done pursuant to a warrant 6.9 under section 343.22, the hearing must be conducted by the judge 6.10 who issued the warrant. If the seizure was done under section 6.11 343.29, the municipality taking custody of the animal or, in the 6.12 case of a humane society, the municipality from which the animal 6.13 was seized, may either (1) authorize a licensed veterinarian 6.14 with no financial interest in the matter or professional 6.15 association with either party or (2) use the services of a 6.16 hearing officer to conduct the hearing. A person claiming an 6.17 interest in the animal who is aggrieved by a decision of a 6.18 hearing officer under this subdivision may seek a court order 6.19 governing the seizure or impoundment within five days of notice 6.20 of the order. 6.21 (c) The judge or hearing officer may authorize the return 6.22 of the animal, if the judge or hearing officer finds that: 6.23 (1) the animal is physically fit; and 6.24 (2) the person claiming an interest in the animal can and 6.25 will provide the care required by law for the animal. 6.26 (d) The person claiming an interest in the animal is liable 6.27 for all actual costs of care, keeping, and disposal of the 6.28 animal, except to the extent that a court or hearing officer 6.29 finds that the seizure or impoundment was not substantially 6.30 justified by law. The costs must be paid in full or a mutually 6.31 satisfactory arrangement for payment must be made between the 6.32 municipality and the person claiming an interest in the animal 6.33 before return of the animal to the person. 6.34 Sec. 6. Minnesota Statutes 1994, section 343.29, 6.35 subdivision 1, is amended to read: 6.36 Subdivision 1. [DELIVERY TO SHELTER.] Any peace officer, 7.1 animal control officer, or agent of the federation or county or 7.2 district societies for the prevention of cruelty, may remove, 7.3 shelter, and care for any animal which is not properly sheltered 7.4 from cold, hot, or inclement weather or any animal not properly 7.5 fed and watered, or provided with suitable food and drink in 7.6 circumstances that threaten the life of the animal. When 7.7 necessary, a peace officer, animal control officer, or agent may 7.8 deliver the animal to another person to be sheltered and cared 7.9 for, and furnished with suitable food and drink. In all cases, 7.10 the owner, if known, shall be immediately notified as provided 7.11 in section 343.235, subdivision 3, and the person having 7.12 possession of the animal, shall have a lien thereon for 7.13 its actual costs of care and keeping and the expenses of the 7.14 notice. If the owner or custodian is unknown and cannot by 7.15 reasonable effort be ascertained, or does not, within seventen 7.16 days after notice, redeem the animal by paying the expenses 7.17 authorized by this subdivision, the animal may be disposed of as 7.18 provided in section 343.235. 7.19 Sec. 7. Minnesota Statutes 1994, section 401.02, 7.20 subdivision 4, is amended to read: 7.21 Subd. 4. [DETAINING PERSON ON CONDITIONAL RELEASE OR 7.22 PROBATION.] (a) The written order of the chief executive officer 7.23 or designee of a community corrections agency established under 7.24 this chapter is sufficient authority for peace officers and 7.25 probation officers serving the district and juvenile courts 7.26 of participating counties participating in the subsidy program7.27 established by this chapter may, without order or warrant, when 7.28 it appears necessary to prevent escape or enforce discipline, to 7.29 take and detain a probationer, or any person on conditional 7.30 release and bring that person before the court or the 7.31 commissioner of corrections or a designee, whichever is 7.32 appropriate, for disposition. No probationer or other person on 7.33 conditional release shall be detained more than 72 hours, 7.34 exclusive of legal holidays, Saturdays and Sundays, pursuant to 7.35 this subdivision without being provided with the opportunity for 7.36 a hearing before the court or the commissioner of corrections or 8.1 a designee. 8.2 (b) The written order of the chief executive officer or 8.3 designee of a community corrections agency established under 8.4 this chapter is sufficient authority for probation officers 8.5 serving the district and juvenile courts of participating 8.6 counties to release within 72 hours, exclusive of legal 8.7 holidays, Saturdays, and Sundays, without appearance before the 8.8 court or the commissioner of corrections or a designee, any 8.9 person detained pursuant to paragraph (a). 8.10 (c) When providing supervision and other correctional 8.11 services to persons conditionally released pursuant to sections 8.12 241.26, 242.19, 243.05, 243.16, 244.05, and 244.065, including 8.13 intercounty transfer of persons on conditional release, and the 8.14 conduct of presentence investigations, participating counties 8.15 shall comply with the policies and procedures relating thereto 8.16 as prescribed by the commissioner of corrections. 8.17 (b)(d) The written order of the chief executive officer or 8.18 designee of a community corrections agency established under 8.19 this chapter is sufficient authority for any peace officer or 8.20 county probation officer to take and place in actual custody any 8.21 person under sentence or on probation who: 8.22 (1) fails to report to serve a sentence at a local 8.23 correctional facility, as defined in section 241.021, 8.24 subdivision 1; 8.25 (2) fails to return from furlough or authorized temporary 8.26 release from a local correctional facility; 8.27 (3) escapes from a local correctional facility; or 8.28 (4) absconds from court-ordered home detention. 8.29 (c)(e) The written order of the chief executive officer or 8.30 designee of a community corrections agency established under 8.31 this chapter is sufficient authority for any peace officer or 8.32 county probation officer to take and place in actual custody any 8.33 person on a court authorized pretrial release who absconds from 8.34 pretrial release or fails to abide by the conditions of pretrial 8.35 release. 8.36 Sec. 8. Minnesota Statutes 1994, section 609.10, is 9.1 amended to read: 9.2 609.10 [SENTENCES AVAILABLE.] 9.3 Upon conviction of a felony and compliance with the other 9.4 provisions of this chapter the court, if it imposes sentence, 9.5 may sentence the defendant to the extent authorized by law as 9.6 follows: 9.7 (1) to life imprisonment; or 9.8 (2) to imprisonment for a fixed term of years set by the 9.9 court; or 9.10 (3) to both imprisonment for a fixed term of years and 9.11 payment of a fine; or 9.12 (4) to payment of a fine without imprisonment or to 9.13 imprisonment for a fixed term of years if the fine is not paid; 9.14 or 9.15 (5) to payment of court-ordered restitution in addition to 9.16 either imprisonment or payment of a fine, or both; or 9.17 (6) to payment of a local correctional fee as authorized 9.18 under section 609.102 in addition to any other sentence imposed 9.19 by the court. 9.20 As used in this section, "restitution" includes: 9.21 (i) payment of compensation to the victim or the victim's 9.22 family; and 9.23 (ii) payment of money to a victim assistance program or 9.24 other program directed by the court. 9.25 Sec. 9. Minnesota Statutes 1994, section 609.125, is 9.26 amended to read: 9.27 609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 9.28 Upon conviction of a misdemeanor or gross misdemeanor the 9.29 court, if sentence is imposed, may, to the extent authorized by 9.30 law, sentence the defendant: 9.31 (1) to imprisonment for a definite term; or 9.32 (2) to payment of a fine, or to imprisonment for a 9.33 specified term if the fine is not paid; or 9.34 (3) to both imprisonment for a definite term and payment of 9.35 a fine; or 9.36 (4) to payment of court-ordered restitution in addition to 10.1 either imprisonment or payment of a fine, or both; or 10.2 (5) to payment of a local correctional fee as authorized 10.3 under section 609.102 in addition to any other sentence imposed 10.4 by the court. 10.5 As used in this section, "restitution" includes: 10.6 (i) payment of compensation to the victim or the victim's 10.7 family; and 10.8 (ii) payment of money to a victim assistance program or 10.9 other program directed by the court. 10.10 Sec. 10. Minnesota Statutes 1994, section 609.20, is 10.11 amended to read: 10.12 609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 10.13 Whoever does any of the following is guilty of manslaughter 10.14 in the first degree and may be sentenced to imprisonment for not 10.15 more than 15 years or to payment of a fine of not more than 10.16 $30,000, or both: 10.17 (1) intentionally causes the death of another person in the 10.18 heat of passion provoked by such words or acts of another as 10.19 would provoke a person of ordinary self-control under like 10.20 circumstances, provided that the crying of a child does not 10.21 constitute provocation; 10.22 (2) causes the death of another in committing or attempting 10.23 to commit a misdemeanor or gross misdemeanor offense with such 10.24 force and violence that death of or great bodily harm to any 10.25 person was reasonably foreseeable, and murder in the first or 10.26 second degree was not committed thereby; 10.27 (3) intentionally causes the death of another person 10.28 because the actor is coerced by threats made by someone other 10.29 than the actor's coconspirator and which cause the actor 10.30 reasonably to believe that the act performed by the actor is the 10.31 only means of preventing imminent death to the actor or another; 10.32 or10.33 (4) proximately causes the death of another, without intent 10.34 to cause death by, directly or indirectly, unlawfully selling, 10.35 giving away, bartering, delivering, exchanging, distributing, or 10.36 administering a controlled substance classified in schedule III, 11.1 IV, or V; or 11.2 (5) causes the death of another in committing or attempting 11.3 to commit a violation of section 609.377 (malicious punishment 11.4 of a child), and murder in the first, second, or third degree is 11.5 not committed thereby. 11.6 Sec. 11. Minnesota Statutes 1994, section 609.205, is 11.7 amended to read: 11.8 609.205 [MANSLAUGHTER IN THE SECOND DEGREE.] 11.9 A person who causes the death of another by any of the 11.10 following means is guilty of manslaughter in the second degree 11.11 and may be sentenced to imprisonment for not more than ten years 11.12 or to payment of a fine of not more than $20,000, or both: 11.13 (1) by the person's culpable negligence whereby the person 11.14 creates an unreasonable risk, and consciously takes chances of 11.15 causing death or great bodily harm to another; or 11.16 (2) by shooting another with a firearm or other dangerous 11.17 weapon as a result of negligently believing the other to be a 11.18 deer or other animal; or 11.19 (3) by setting a spring gun, pit fall, deadfall, snare, or 11.20 other like dangerous weapon or device; or 11.21 (4) by negligently or intentionally permitting any animal, 11.22 known by the person to have vicious propensities or to have 11.23 caused great or substantial bodily harm in the past, to run 11.24 uncontrolled off the owner's premises, or negligently failing to 11.25 keep it properly confined; or 11.26 (5) causes the death of another in committing or attempting 11.27 to commit a violation of section 609.378 (neglect or 11.28 endangerment of a child), and murder in the first, second, or 11.29 third degree is not committed thereby. 11.30 If proven by a preponderance of the evidence, it shall be 11.31 an affirmative defense to criminal liability under clause (4) 11.32 that the victim provoked the animal to cause the victim's death. 11.33 Sec. 12. Minnesota Statutes 1994, section 609.323, 11.34 subdivision 2, is amended to read: 11.35 Subd. 2. Whoever, not related by blood, adoption, or11.36 marriage to the prostitute,while acting other than as a 12.1 prostitute or patron, intentionally receives profit, knowing or 12.2 having reason to know that it is derived from the prostitution, 12.3 or the promotion of the prostitution, of an individual in 12.4 circumstances described in section 609.322, subdivision 2, 12.5 clause (3), may be sentenced to not more than three years 12.6 imprisonment or to payment of a fine of not more than $5,000, or 12.7 both. 12.8 Sec. 13. Minnesota Statutes 1994, section 609.323, is 12.9 amended by adding a subdivision to read: 12.10 Subd. 3a. [EXCEPTIONS.] Subdivisions 1a and 3 do not apply 12.11 to a minor who is dependent on an individual acting as a 12.12 prostitute and who may have benefited from or been supported by 12.13 the individual's earnings derived from prostitution. 12.14 Sec. 14. [609.5051] [CRIMINAL ALERT NETWORK; DISSEMINATION 12.15 OF FALSE OR MISLEADING INFORMATION PROHIBITED.] 12.16 Whoever uses the criminal alert network under section 12.17 299A.61 to disseminate information regarding the commission of a 12.18 crime knowing that it is false or misleading, is guilty of a 12.19 misdemeanor. 12.20 Sec. 15. [609.669] [CIVIL DISORDER.] 12.21 Subdivision 1. [PROHIBITED ACTS.] (a) A person is guilty 12.22 of a gross misdemeanor who: 12.23 (1) teaches or demonstrates to any other person how to use 12.24 or make any firearm, explosive, or incendiary device capable of 12.25 causing injury or death, knowing or having reason to know that 12.26 it will be unlawfully employed for use in, or in furtherance of, 12.27 a civil disorder; or 12.28 (2) assembles with one or more persons for the purpose of 12.29 training with, practicing with, or being instructed in the use 12.30 of any firearm or explosive or incendiary device capable of 12.31 causing injury or death, with the intent that it be unlawfully 12.32 employed for use in, or in furtherance of, a civil disorder. 12.33 (b) This section does not apply to law enforcement officers 12.34 engaged in the lawful performance of the officer's official 12.35 duties. 12.36 Subd. 2. [DEFINITIONS.] For purposes of this section, the 13.1 following terms have the meanings given them: 13.2 (1) "civil disorder" means any public disturbance involving 13.3 acts of violence by assemblages of three or more persons, which 13.4 causes an immediate danger of or results in damage or injury to 13.5 the property or person of any other individual; 13.6 (2) "firearm" means any weapon which is designed to or may 13.7 readily be converted to expel any projectile by the action of an 13.8 explosive; or the frame or receiver of any such weapon; 13.9 (3) "explosive or incendiary device" has the meaning given 13.10 in section 609.668, subdivision 1; and 13.11 (4) "law enforcement officer" means any officer or employee 13.12 of the United States, the state, or any political subdivision of 13.13 the state, and specifically includes members of the National 13.14 Guard and members of the armed forces of the United States. 13.15 Sec. 16. Minnesota Statutes 1994, section 609.713, 13.16 subdivision 1, is amended to read: 13.17 Subdivision 1. Whoever threatens, directly or indirectly, 13.18 to commit any crime of violence with purpose to terrorize 13.19 another or to cause evacuation of a building, place of assembly, 13.20 vehicle or facility of public transportation or otherwise to 13.21 cause serious public inconvenience, or in a reckless disregard 13.22 of the risk of causing such terror or inconvenience may be 13.23 sentenced to imprisonment for not more than five years or to 13.24 payment of a fine of not more than $10,000, or both. As used in 13.25 this subdivision, "crime of violence" has the meaning given 13.26 "violent crime" in section 609.152, subdivision 1, paragraph (d). 13.27 Sec. 17. Minnesota Statutes 1994, section 609.713, 13.28 subdivision 2, is amended to read: 13.29 Subd. 2. Whoever communicates to another with purpose to 13.30 terrorize another or in reckless disregard of the risk of 13.31 causing such terror, that explosives or an explosive device or 13.32 any incendiary device is present at a named place or location, 13.33 whether or not the same is in fact present, may be sentenced to 13.34 imprisonment for not more than three years or to payment of a 13.35 fine of not more than $3,000, or both. 13.36 Sec. 18. Minnesota Statutes 1994, section 624.731, 14.1 subdivision 1, is amended to read: 14.2 Subdivision 1. [DEFINITIONS.] For the purposes of this 14.3 section: 14.4 (a) "authorized tear gas compound" means a lachrymator or 14.5 any substance composed of a mixture of a lachrymator including 14.6 chloroacetophenone, alpha-chloroacetophenone; 14.7 phenylchloromethylketone, orthochlorobenzalmalononitrile or 14.8 oleoresin capsicum, commonly known as tear gas; and 14.9 (b) "electronic incapacitation device" means a portable 14.10 device which is designed or intended by the manufacturer to be 14.11 used, offensively or defensively, to temporarily immobilize or 14.12 incapacitate persons by means of electric pulse or current, 14.13 including devices operating by means of carbon dioxide 14.14 propellant. "Electronic incapacitation device" does not include 14.15 cattle prods, electric fences, or other electric devices which14.16 arewhen used in agricultural, animal husbandry, or food 14.17 production activities. 14.18 Sec. 19. Minnesota Statutes 1994, section 624.731, 14.19 subdivision 8, is amended to read: 14.20 Subd. 8. [PENALTIES.] (a) The following violations of this 14.21 section shall be considered a felony: 14.22 (1) The possession or use of tear gas, a tear gas compound, 14.23 an authorized tear gas compound, or an electronic incapacitation 14.24 device by a person specified in subdivision 3, paragraph (b). 14.25 (2) Knowingly selling or furnishing of tear gas, a tear gas 14.26 compound, an authorized tear gas compound, or an electronic 14.27 incapacitation device to a person specified in subdivision 3, 14.28 paragraph (b). 14.29 (3) The use of an electronic incapacitation device as 14.30 prohibited in subdivision 4, paragraph (a). 14.31 (4) The use of tear gas or a tear gas compound as 14.32 prohibited in subdivision 4, paragraph (d). 14.33 (b) The following violation of this section shall be 14.34 considered a gross misdemeanor: (1) The prohibited use of tear 14.35 gas, a tear gas compound, or an authorized tear gas compound as 14.36 specified in subdivision 4, paragraph (a); (2) the use of an 15.1 electronic incapacitation device except as allowed by 15.2 subdivision 2 or 6. 15.3 (c) The following violations of this section shall be 15.4 considered a misdemeanor: 15.5 (1) The possession or use of tear gas, a tear gas compound, 15.6 an authorized tear gas compound, or an electronic incapacitation 15.7 device which fails to meet the requirements of subdivision 2 by 15.8 any person except as allowed by subdivision 6. 15.9 (2) The possession or use of an authorized tear gas 15.10 compound or an electronic incapacitation device by a person 15.11 specified in subdivision 3, paragraph (a) or (c). 15.12 (3) The use of tear gas, a tear gas compound, or an 15.13 authorized tear gas compound , or an electronic incapacitation15.14 deviceexcept as allowed by subdivision 2 or 6. 15.15 (4) Knowingly selling or furnishing an authorized tear gas 15.16 compound or an electronic incapacitation device to a person 15.17 specified in subdivision 3, paragraph (a) or (c). 15.18 (5) Selling or furnishing of tear gas or a tear gas 15.19 compound other than an authorized tear gas compound to any 15.20 person except as allowed by subdivision 6. 15.21 (6) Selling or furnishing of an authorized tear gas 15.22 compound or an electronic incapacitation device on premises 15.23 where intoxicating liquor is sold on an on-sale or off-sale 15.24 basis or where 3.2 percent malt liquor is sold on an on-sale 15.25 basis. 15.26 (7) Selling an authorized tear gas compound or an 15.27 electronic incapacitation device in violation of local licensing 15.28 requirements. 15.29 Sec. 20. Minnesota Statutes 1994, section 626.53, is 15.30 amended to read: 15.31 626.53 [REPORT BY TELEPHONE AND LETTER.] 15.32 Subdivision 1. [REPORTS TO SHERIFFS AND POLICE CHIEFS.] 15.33 The report required by section 626.52, subdivision 2, shall be 15.34 made forthwith by telephone or in person, and shall be promptly 15.35 supplemented by letter, enclosed in a securely sealed, postpaid 15.36 envelope, addressed to the sheriff of the county in which the 16.1 wound is examined, dressed, or otherwise treated; except that, 16.2 if the place in which the patient is treated for such injury or 16.3 the patient's wound dressed or bandaged be in a city of the 16.4 first, second, or third class, such report shall be made and 16.5 transmitted as herein provided to the chief of police of such 16.6 city instead of the sheriff. Except as otherwise provided in 16.7 subdivision 2, the office of any such sheriff and of any such 16.8 chief of police shall keep the report as a confidential 16.9 communication and shall not disclose the name of the person 16.10 making the same, and the party making the report shall not by 16.11 reason thereof be subpoenaed, examined, or forced to testify in 16.12 court as a consequence of having made such a report. 16.13 Subd. 2. [REPORTS TO DEPARTMENT OF HEALTH.] Upon receiving 16.14 a report of a wound caused by or arising from the discharge of a 16.15 firearm, the sheriff or chief of police shall forward the 16.16 information contained in the report to the commissioner of 16.17 health. The commissioner of health shall keep the report as a 16.18 confidential communication, as provided under subdivision 1. 16.19 The commissioner shall maintain a statewide, computerized record 16.20 system containing summary data, as defined in section 13.02, on 16.21 information received under this subdivision. 16.22 Sec. 21. Minnesota Statutes 1994, section 629.715, 16.23 subdivision 1, is amended to read: 16.24 Subdivision 1. [JUDICIAL REVIEW; RELEASE.] (a) When a 16.25 person is arrested for a crime against the person, the judge 16.26 before whom the arrested person is taken shall review the facts 16.27 surrounding the arrest and detention. The prosecutor or other 16.28 appropriate person shall present relevant information involving 16.29 the victim or the victim's family's account of the alleged crime 16.30 to the judge to be considered in determining whether to order 16.31 the arrested person's release. The arrested person must be 16.32 ordered released pending trial or hearing on the person's 16.33 personal recognizance or on an order to appear or upon the 16.34 execution of an unsecured bond in a specified amount unless the 16.35 judge determines that release (1) will be inimical to public 16.36 safety, (2) will create a threat of bodily harm to the arrested 17.1 person, the victim of the alleged crime, or another, or (3) will 17.2 not reasonably assure the appearance of the arrested person at 17.3 subsequent proceedings. 17.4 (b) If the judge determines release under paragraph (a) is 17.5 not advisable, the judge may impose any conditions of release 17.6 that will reasonably assure the appearance of the person for 17.7 subsequent proceedings, or will protect the victim of the 17.8 alleged crime, or may fix the amount of money bail without other 17.9 conditions upon which the arrested person may obtain release. 17.10 Sec. 22. [629.725] [NOTICE TO CRIME VICTIM REGARDING BAIL 17.11 HEARING OF ARRESTED OR DETAINED PERSON.] 17.12 When a person arrested or a juvenile detained for a crime 17.13 of violence or an attempted crime of violence is scheduled to be 17.14 reviewed under section 629.715 for release from pretrial 17.15 detention, the court shall make a reasonable and good faith 17.16 effort to notify the victim of the alleged crime. If the victim 17.17 is incapacitated or deceased, notice must be given to the 17.18 victim's family. If the victim is a minor, notice must be given 17.19 to the victim's parent or guardian. The notification must 17.20 include: 17.21 (1) the date and approximate time of the review; 17.22 (2) the location where the review will occur; 17.23 (3) the name and telephone number of a person that can be 17.24 contacted for additional information; and 17.25 (4) a statement that the victim and the victim's family may 17.26 attend the review. 17.27 Sec. 23. [629.735] [NOTICE TO LOCAL LAW ENFORCEMENT AGENCY 17.28 REGARDING RELEASE OF ARRESTED OR DETAINED PERSON.] 17.29 When a person arrested or a juvenile detained for a crime 17.30 of violence or an attempted crime of violence is about to be 17.31 released from pretrial detention, the agency having custody of 17.32 the arrested or detained person or its designee shall make a 17.33 reasonable and good faith effort before release to inform any 17.34 local law enforcement agencies known to be involved in the case, 17.35 if different from the agency having custody, of the following 17.36 matters: 18.1 (1) the conditions of release, if any; 18.2 (2) the time of release; and 18.3 (3) the time, date, and place of the next scheduled court 18.4 appearance of the arrested or detained person. 18.5 Sec. 24. [EFFECTIVE DATE.] 18.6 Sections 5 and 6 are effective the day following final 18.7 enactment. Sections 10 to 20 are effective August 1, 1995, and 18.8 apply to crimes committed on or after that date.