1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to criminal justice; arson; providing for 1.3 statewide arson training courses for law enforcement 1.4 and fire service personnel and prosecutors; creating 1.5 an arson strike force to provide investigative and 1.6 prosecutorial assistance to local agencies; providing 1.7 intervention measures concerning juvenile firesetters; 1.8 allowing the state fire marshal to designate 1.9 individuals with power to summon witnesses and compel 1.10 the production of documents; clarifying the district 1.11 court's authority to punish failure to testify or 1.12 produce evidence; allowing conviction and sentencing 1.13 for both an arson crime and the crime the arson 1.14 attempted to conceal; requiring a presentence 1.15 investigation report to consider the impact of an 1.16 arson offense on fire safety personnel; requiring 1.17 development of an arson investigation training module; 1.18 providing criminal penalties; appropriating money; 1.19 amending Minnesota Statutes 1996, sections 299F.051; 1.20 299F.06, subdivisions 1 and 3; 609.035, subdivision 1, 1.21 and by adding a subdivision; 609.115, subdivision 1; 1.22 proposing coding for new law in Minnesota Statutes, 1.23 chapters 299F; and 626; repealing Minnesota Statutes 1.24 1996, section 299F.07. 1.25 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.26 Section 1. Minnesota Statutes 1996, section 299F.051, is 1.27 amended to read: 1.28 299F.051 [TRAINING LOCAL FIREFIGHTERS; PROSECUTORS; AND 1.29 PEACE OFFICERS.] 1.30 Subdivision 1. [CONTENTTRAINING UNIT.] An arson training 1.31 unit is established within the division of fire marshal to 1.32 develop and administer arson training courses throughout the 1.33 state for law enforcement and fire service personnel and for 1.34 prosecutors. 1.35 Subd. 1a. [CURRICULUM.] Thesuperintendent of thearson 2.1 training unit, in consultation with the bureau of criminal 2.2 apprehension,after consultation withthe state fire marshal, 2.3 the Minnesota peaceofficersofficer standards and training 2.4 board, the county attorneys association, the attorney general, 2.5 and the state advisory council on fire service education and 2.6 research, shall establishthe content ofa standardized 2.7 curriculum to be included in the training programswhich shall2.8be available to firefighters and peace officers from political2.9subdivisions. Thecontentstandardized curriculum shall include 2.10 fire scene investigation and preservation of evidence, 2.11 interviewing of witnesses and suspects, constitutional limits on 2.12 interrogation by sworn and nonsworn officers, and other topics 2.13 deemed necessary to successful criminal investigation.and 2.14 prosecution. The training program offered to peace officers 2.15 shall meet the applicable preservice training requirements 2.16 established by the peace officer standards and training board 2.17 under section 626.8456. 2.18 Subd. 2. [TRAINING LOCATIONS, INSTRUCTORS.] The arson 2.19 training unit, in cooperation with the superintendent of the 2.20 bureau of criminal apprehension, the board of peace officer 2.21 standards and training, the county attorneys association, and 2.22 the attorney general, shall provide courses at convenient 2.23 locations in the state for training firefightersand, peace 2.24 officers, and prosecutors in: 2.25 (1) the conduct of investigations following the occurrence 2.26 of a fire; and 2.27 (2) the prosecution of arson cases. 2.28 For this purpose, thesuperintendentarson training unit 2.29 may use the services and employees of the bureau, the state fire 2.30 marshal, and the attorney general. In addition,after2.31consultation with the state fire marshal, the superintendentthe 2.32 arson training unit is authorized to establish minimum 2.33 qualifications for training course instructors, and engage 2.34 part-time instructors necessary and proper to furnish the best 2.35 possible instruction, subject to the limitation of funds 2.36 appropriated and available for expenditure. Laws 1981, chapter 3.1 210, sections 1 to 48, shall not apply to the part-time 3.2 instructors. 3.3 Subd. 3. [IN-SERVICE TRAINING.] Thestate fire marshal and3.4the superintendent ofarson training unit, in cooperation with 3.5 the bureau of criminal apprehension,in cooperation with the3.6Minnesota board of peace officer standards and training,shall 3.7encourage the establishment ofoffer in-service and refresher 3.8 training for firefighters and peace officers through schools 3.9 administered by the state, county, school district, 3.10 municipality, or joint or contractual combinations thereof. The 3.11 in-service training courses offered for peace officers shall be 3.12 eligible for continuing education credit from the Minnesota 3.13 board of peaceofficersofficer standards and trainingshall3.14report to the governor and legislature on the progress made in3.15this effort as provided in section 626.843. 3.16 Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The 3.17 state fire marshal and the superintendent of the bureau of 3.18 criminal apprehension shall encourage the cooperation of local 3.19 firefighters and peace officers in the investigation of 3.20 violations of sections 609.561 to 609.576 or other crimes 3.21 associated with reported fires in all appropriate ways, 3.22 includingtheproviding reimbursementofto political 3.23 subdivisions at a rate not to exceed 50 percent of the salaries 3.24 of peace officers and firefighters for time spent in attending 3.25 fire investigation training courses offered by thebureauarson 3.26 training unit. Volunteer firefighters from a political 3.27 subdivision shall be reimbursed at the rate of $35 per day plus 3.28 expenses incurred in attending fire investigation training 3.29 courses offered by thebureauarson training unit. 3.30 Reimbursement shall be made only in the event that both a peace 3.31 officer and a firefighter from the same political subdivision 3.32 attend the same training course. The reimbursement shall be 3.33 subject to the limitation of funds appropriated and available 3.34 for expenditure. The state fire marshal and the superintendent 3.35 also shall encourage local firefighters and peace officers to 3.36 seek assistance from the arson strike force established in 4.1 section 299F.058. 4.2 Sec. 2. [299F.058] [ARSON STRIKE FORCE.] 4.3 Subdivision 1. [ARSON STRIKE FORCE.] A multijurisdictional 4.4 arson strike force is established to provide expert 4.5 investigative and prosecutorial assistance to local agencies on 4.6 request in complex or serious cases involving suspected arson. 4.7 Subd. 2. [MEMBERSHIP.] (a) The arson strike force consists 4.8 of representatives from the following agencies and organizations: 4.9 (1) the division of fire marshal; 4.10 (2) the bureau of criminal apprehension; 4.11 (3) the office of attorney general; 4.12 (4) the Minnesota county attorneys association; 4.13 (5) the Bureau of Alcohol, Tobacco, and Firearms of the 4.14 United States Treasury Department; 4.15 (6) the Minneapolis police and fire arson unit; 4.16 (7) the St. Paul police and fire arson unit; 4.17 (8) licensed private detectives selected by the state fire 4.18 marshal or the attorney general or their designees; and 4.19 (9) any other arson experts the arson strike force deems 4.20 appropriate to include. 4.21 The arson strike force, as necessary, may consult and work 4.22 with representatives of property insurance agencies and 4.23 organizations and any other private organizations that have 4.24 expertise in arson investigations and prosecutions. 4.25 (b) Representatives from the attorney general's office and 4.26 the county attorneys association who are members of the arson 4.27 strike force shall assist in administering the strike force. 4.28 (c) The strike force expires June 30, 2001. 4.29 Subd. 3. [INVESTIGATIVE DUTIES.] (a) The arson strike 4.30 force shall be available on a statewide basis to assist local 4.31 public safety agencies in investigating the following types of 4.32 suspected arson cases: 4.33 (1) serial fires; 4.34 (2) multijurisdictional fires; 4.35 (3) fires causing death or serious injury to a public 4.36 safety officer; 5.1 (4) fires resulting in multiple deaths or injuries; or 5.2 (5) fires causing over $1,000,000 in damage. 5.3 (b) The arson strike force shall establish a mechanism for 5.4 informing local public safety agencies that it is available to 5.5 assist in the investigation of the suspected arson cases 5.6 described in paragraph (a). 5.7 (c) The arson strike force shall, by means of a memorandum 5.8 of understanding among the involved agencies, develop and 5.9 implement a protocol for the strike force's activation and 5.10 operation in local cases of suspected arson. 5.11 (d) The arson strike force shall assist the arson training 5.12 unit established in section 299F.051 in developing and 5.13 implementing educational programs for public safety personnel on 5.14 investigating arson cases. 5.15 Subd. 4. [PROSECUTION DUTIES.] (a) The arson strike force 5.16 may identify and establish a team of prosecutors with experience 5.17 in arson cases who will provide advice, on request, to local 5.18 prosecutors who are prosecuting or preparing to prosecute arson 5.19 cases. This team shall include prosecutors from the attorney 5.20 general's office and county prosecutors who are identified and 5.21 selected by the county attorneys association. 5.22 (b) The arson strike force shall assist the arson training 5.23 unit established in section 299F.051 in developing educational 5.24 programs and manuals to assist prosecutors in prosecuting arson 5.25 cases. 5.26 Sec. 3. [299F.059] [JUVENILE FIRESETTER INTERVENTION.] 5.27 Subdivision 1. [INTERVENTION NETWORK.] The state fire 5.28 marshal shall establish a statewide juvenile firesetter 5.29 intervention network. The network shall include a clearinghouse 5.30 of resources and materials to assist fire service personnel, 5.31 schools, law enforcement agencies, and mental health 5.32 professionals in understanding juvenile firesetting behavior and 5.33 symptoms and intervening with juveniles who engage in the 5.34 behavior or display the symptoms. The state fire marshal shall 5.35 include in the network the comprehensive, injury prevention 5.36 education curriculum provided for in subdivision 2. 6.1 Subd. 2. [EDUCATIONAL CURRICULUM.] The state fire marshal 6.2 shall ensure implementation of a comprehensive, injury 6.3 prevention education curriculum that focuses on juvenile fire 6.4 play intervention and injury prevention. The curriculum shall 6.5 be made available to schools and other interested organizations 6.6 statewide. 6.7 Subd. 3. [ANNUAL TRAINING FORUM.] The state fire marshal 6.8 shall develop strategies and plans designed to reduce the number 6.9 of juvenile firesetting incidents. The state fire marshal shall 6.10 offer an annual training forum for fire service and law 6.11 enforcement personnel and for juvenile justice, medical, 6.12 educational, mental health, and other interested professionals 6.13 to discuss these strategies and other issues relating to 6.14 juvenile firesetter behavior and symptoms. 6.15 Subd. 4. [MEDIA CAMPAIGN; KEEPING FIRE MATERIALS AWAY FROM 6.16 CHILDREN.] The state fire marshal shall develop an ongoing media 6.17 awareness campaign to instruct parents, retailers, and the 6.18 community on the importance of keeping fire materials away from 6.19 children and on methods for accomplishing that objective. 6.20 Sec. 4. Minnesota Statutes 1996, section 299F.06, 6.21 subdivision 1, is amended to read: 6.22 Subdivision 1. [SUMMON WITNESSES; PRODUCE DOCUMENTARY 6.23 EVIDENCE.] (a) In order to establish if reasonable grounds exist 6.24 to believe that a violation of sections 609.561 to 609.576, has 6.25 occurred, or to determine compliance with the uniform fire code 6.26 or corrective orders issued thereunder, the state fire marshal,6.27chief assistant fire marshal, and deputy state fire marshals,6.28 and the staff designated by the state fire marshal shalleach6.29 have the power in any county of the state to summon and compel 6.30 the attendance of witnesses to testify beforethem, or either of6.31themthe state fire marshal, chief assistant fire marshal, or 6.32 deputy state fire marshals,to testifyand may require the 6.33 production of any book, paper, or document deemed 6.34 pertinentthereto by them, or either of them. The state fire 6.35 marshal may also designate certain individuals from fire 6.36 departments in cities of the first class and cities of the 7.1 second class as having the powers set forth in this paragraph. 7.2 These designated individuals may only exercise their powers in a 7.3 manner prescribed by the state fire marshal. "Fire department" 7.4 has the meaning given in section 299F.092, subdivision 6. 7.5 "Cities of the first class" and "cities of the second class" 7.6 have the meanings given in section 410.01. 7.7 (b) A summons issued under this subdivision shall be served 7.8 in the same manner and have the same effect as subpoenas from 7.9 district courts. All witnesses shall receive the same 7.10 compensation as is paid to witnesses in district courts, which 7.11 shall be paid out of the fire marshal fund upon vouchers signed 7.12 by the state fire marshal, chief assistant fire marshal, or 7.13 deputy fire marshal before whom any witnesses shall have 7.14 attended and this officer shall, at the close of the 7.15 investigation wherein the witness was subpoenaed, certify to the 7.16 attendance and mileage of the witness, which certificate shall 7.17 be filed in the office of the state fire marshal. All 7.18 investigations held by or under the direction of the state fire 7.19 marshal, or any subordinate, may in the state fire marshal's 7.20 discretion be private and persons other than those required to 7.21 be present by the provisions of this chapter may be excluded 7.22 from the place where the investigation is held, and witnesses 7.23 may be kept separate and apart from each other and not allowed 7.24 to communicate with each other until they have been examined. 7.25 Sec. 5. Minnesota Statutes 1996, section 299F.06, 7.26 subdivision 3, is amended to read: 7.27 Subd. 3. [PENALTY FOR REFUSAL TO TESTIFY OR PRODUCE 7.28 EVIDENCE.] Any witness who refuses to be sworn, or who refuses 7.29 to testify, or who disobeys any lawful order of the state fire 7.30 marshal, chief assistant fire marshal, or deputy state fire 7.31 marshal in relation to the investigation, or who fails or 7.32 refuses to produce any paper, book, or document touching any 7.33 matter under examination, or who is guilty of any contemptuous 7.34 conduct, after being summoned to appear before them to give 7.35 testimony in relation to any matter or subject under examination 7.36 or investigation may besummarilypunished bythe state fire8.1marshal, chief assistant state fire marshal, or deputy state8.2fire marshals as for contempt by a fine in a sum not exceeding8.3$100 or be committed to the county jail until such time as such8.4person may be willing to comply with any reasonable order made8.5by the state fire marshal, chief assistant state fire marshal,8.6or deputy state fire marshals, as provided in this chapterany 8.7 district court in the same manner as if the proceedings were 8.8 pending in that court,andsubject to the provisions of section 8.9 588.01. 8.10 Sec. 6. Minnesota Statutes 1996, section 609.035, 8.11 subdivision 1, is amended to read: 8.12 Subdivision 1. Except as provided insubdivision8.13 subdivisions 2,subdivision3, and 4, and in sections 609.251, 8.14 609.585, 609.21, subdivisions 3 and 4, 609.2691, 609.486, 8.15 609.494, and 609.856, if a person's conduct constitutes more 8.16 than one offense under the laws of this state, the person may be 8.17 punished for only one of the offenses and a conviction or 8.18 acquittal of any one of them is a bar to prosecution for any 8.19 other of them. All the offenses, if prosecuted, shall be 8.20 included in one prosecution which shall be stated in separate 8.21 counts. 8.22 Sec. 7. Minnesota Statutes 1996, section 609.035, is 8.23 amended by adding a subdivision to read: 8.24 Subd. 4. [EXCEPTION; ARSON OFFENSES.] Notwithstanding 8.25 section 609.04, a prosecution for or conviction of a violation 8.26 of sections 609.561 to 609.563 or 609.5641 is not a bar to 8.27 conviction of or punishment for any other crime committed by the 8.28 defendant as part of the same conduct when the defendant is 8.29 shown to have violated sections 609.561 to 609.563 or 609.5641 8.30 for the purpose of concealing any other crime. 8.31 Sec. 8. Minnesota Statutes 1996, section 609.115, 8.32 subdivision 1, is amended to read: 8.33 Subdivision 1. [PRESENTENCE INVESTIGATION.] (a) When a 8.34 defendant has been convicted of a misdemeanor or gross 8.35 misdemeanor, the court may, and when the defendant has been 8.36 convicted of a felony, the court shall, before sentence is 9.1 imposed, cause a presentence investigation and written report to 9.2 be made to the court concerning the defendant's individual 9.3 characteristics, circumstances, needs, potentialities, criminal 9.4 record and social history, the circumstances of the offense and 9.5 the harm caused by it to others and to the community. At the 9.6 request of the prosecutor in a gross misdemeanor case, the court 9.7 shall order that a presentence investigation and report be 9.8 prepared. The investigation shall be made by a probation 9.9 officer of the court, if there is one; otherwise it shall be 9.10 made by the commissioner of corrections. The officer conducting 9.11 the presentence or predispositional investigation shall make 9.12 reasonable and good-faith efforts to contact and provide the 9.13 victim with the information required under section 611A.037, 9.14 subdivision 2. Presentence investigations shall be conducted 9.15 and summary hearings held upon reports and upon the sentence to 9.16 be imposed upon the defendant in accordance with this section, 9.17 section 244.10, and the rules of criminal procedure. 9.18 (b) When the crime is a violation of sections 609.561 to 9.19 609.563, 609.5641, or 609.576 and involves a fire, the report 9.20 shall include a description of the financial and physical harm 9.21 the offense has had on the public safety personnel who responded 9.22 to the fire. For purposes of this paragraph, "public safety 9.23 personnel" means the state fire marshal; employees of the 9.24 division of the state fire marshal; firefighters, regardless of 9.25 whether the firefighters receive any remuneration for providing 9.26 services; peace officers, as defined in section 626.05, 9.27 subdivision 2; individuals providing emergency management 9.28 services; and individuals providing emergency medical services. 9.29 (c) When the crime is a felony violation of chapter 152 9.30 involving the sale or distribution of a controlled substance, 9.31 the report shall include a description of any adverse social or 9.32 economic effects the offense has had on persons who reside in 9.33 the neighborhood where the offense was committed. 9.34 (d) The report shall also include the information relating 9.35 to crime victims required under section 611A.037, subdivision 1. 9.36 If the court directs, the report shall include an estimate of 10.1 the prospects of the defendant's rehabilitation and 10.2 recommendations as to the sentence which should be imposed. In 10.3 misdemeanor cases the report may be oral. 10.4 (e) When a defendant has been convicted of a felony, and 10.5 before sentencing, the court shall cause a sentencing worksheet 10.6 to be completed to facilitate the application of the Minnesota 10.7 sentencing guidelines. The worksheet shall be submitted as part 10.8 of the presentence investigation report. 10.9The investigation shall be made by a probation officer of10.10the court, if there is one, otherwise by the commissioner of10.11corrections. The officer conducting the presentence or10.12predispositional investigation shall make reasonable and good10.13faith efforts to contact the victim of that crime and to provide10.14that victim with the information required under section10.15611A.037, subdivision 2.10.16 (f) When a person is convicted of a felony for which the 10.17 sentencing guidelines presume that the defendant will be 10.18 committed to the commissioner of corrections under an executed 10.19 sentence and no motion for a sentencing departure has been made 10.20 by counsel, the court may, when there is no space available in 10.21 the local correctional facility, commit the defendant to the 10.22 custody of the commissioner of corrections, pending completion 10.23 of the presentence investigation and report. When a defendant 10.24 is convicted of a felony for which the sentencing guidelines do 10.25 not presume that the defendant will be committed to the 10.26 commissioner of corrections, or for which the sentencing 10.27 guidelines presume commitment to the commissioner but counsel 10.28 has moved for a sentencing departure, the court may commit the 10.29 defendant to the commissioner with the consent of the 10.30 commissioner, pending completion of the presentence 10.31 investigation and report. The county of commitment shall return 10.32 the defendant to the court when the court so orders. 10.33Presentence investigations shall be conducted and summary10.34hearings held upon reports and upon the sentence to be imposed10.35upon the defendant in accordance with this section, section10.36244.10, and the rules of criminal procedure.11.1 Sec. 9. [626.8456] [TRAINING IN FIRE SCENE RESPONSE AND 11.2 ARSON AWARENESS.] 11.3 Subdivision 1. [TRAINING COURSE.] The board, in 11.4 consultation with the division of fire marshal, shall prepare 11.5 objectives for a training course to instruct peace officers in 11.6 fire scene response and arson awareness. 11.7 Subd. 2. [PRESERVICE TRAINING REQUIREMENT.] An individual 11.8 is not eligible to take the peace officer licensing examination 11.9 after August 1, 1998, unless the individual has received the 11.10 training described in subdivision 1. 11.11 Sec. 10. [APPROPRIATIONS; ATTORNEY GENERAL.] 11.12 $265,000 is appropriated from the general fund to the 11.13 attorney general for the fiscal biennium ending June 30, 1999. 11.14 Of this amount: 11.15 (1) $230,000 is to hire an additional attorney to 11.16 specialize in arson prosecutions and to train law enforcement, 11.17 fire service, and state fire marshal personnel on legal issues 11.18 relating to arson crimes; and 11.19 (2) $35,000 is to reimburse members of the arson strike 11.20 force for their overtime, travel, subsistence, and related costs 11.21 and to obtain professional expert services or technical 11.22 equipment that are beyond the capabilities of the strike force 11.23 members. 11.24 Sec. 11. [APPROPRIATIONS; BUREAU OF CRIMINAL 11.25 APPREHENSION.] 11.26 $221,000 is appropriated from the general fund to the 11.27 bureau of criminal apprehension for the fiscal biennium ending 11.28 June 30, 1999. Of this amount: 11.29 (1) $193,000 is to hire an additional forensic scientist to 11.30 process arson evidence samples, to provide the laboratory 11.31 instruments and training needed to process arson evidence 11.32 samples, and to provide the supporting equipment and services 11.33 needed to use arson evidence sample processing instruments; and 11.34 (2) $28,000 is to provide necessary training and equipment 11.35 for a polygraph specialist. 11.36 Sec. 12. [APPROPRIATIONS; STATE FIRE MARSHAL.] 12.1 Subdivision 1. [GENERALLY.] The amounts appropriated in 12.2 this section are appropriated from the general fund to the 12.3 division of fire marshal for the fiscal biennium ending June 30, 12.4 1999. 12.5 Subd. 2. [TRAINING.] $372,000 is appropriated for the 12.6 following training purposes to: 12.7 (1) establish the arson training unit; 12.8 (2) establish the standardized arson training curriculum; 12.9 (3) develop a fire scene preservation video for 12.10 distribution to fire departments statewide; 12.11 (4) purchase an arson training trailer equipped for use in 12.12 training events and available as a resource to the arson strike 12.13 force at major fires; 12.14 (5) develop and maintain an arson resource library 12.15 collection; 12.16 (6) communicate the importance of arson training to law 12.17 enforcement, fire service, and prosecuting agencies; and 12.18 (7) provide financial incentives to encourage firefighters 12.19 and peace officers to participate in arson training. 12.20 Subd. 3. [JUVENILE FIRESETTING.] $110,000 is appropriated 12.21 for the following purposes related to juvenile firesetting 12.22 intervention: 12.23 (1) to establish and staff the statewide juvenile 12.24 firesetter intervention network; 12.25 (2) to develop and distribute the comprehensive injury 12.26 prevention education curriculum; 12.27 (3) to provide initial funding for the annual training 12.28 forum on juvenile firesetting behavior and intervention 12.29 strategies; and 12.30 (4) to assist local fire departments in collecting relevant 12.31 data on juvenile-related fire incidents for inclusion in the 12.32 fire incident reporting system. 12.33 Subd. 4. [INVESTIGATIVE RESOURCES.] $240,000 is 12.34 appropriated for the following purposes relating to arson 12.35 investigation: 12.36 (1) $130,000 is to hire an additional fire investigator to 13.1 be assigned to northern Minnesota; and 13.2 (2) $110,000 is to retain mechanical, electrical, 13.3 engineering, or technical experts to assist with determining the 13.4 cause of fires. 13.5 Sec. 13. [REPEALER.] 13.6 Minnesota Statutes 1996, section 299F.07, is repealed. 13.7 Sec. 14. [EFFECTIVE DATE.] 13.8 Sections 4, 5, 8, and 13 are effective August 1, 1997, and 13.9 apply to proceedings conducted on or after that date. Sections 13.10 6 and 7 are effective August 1, 1997, and apply to crimes 13.11 committed on or after that date.