as introduced - 83rd Legislature, 2003 1st Special Session (2003 - 2003) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to criminal justice; appropriating money for 1.3 the courts, public defenders, public safety, 1.4 corrections, and other criminal justice agencies; 1.5 establishing, funding, modifying, and regulating 1.6 public safety, criminal justice, judiciary, law 1.7 enforcement, corrections, crime victims, CriMNet, and 1.8 driving while impaired policies, programs, duties, 1.9 activities, or practices; requiring studies and 1.10 reports; clarifying the reporting requirements of 1.11 predatory registration law; imposing criminal and 1.12 civil penalties; setting or increasing fines, 1.13 surcharges, and fees; amending Minnesota Statutes 1.14 2002, sections 13.87, subdivision 3; 15A.0815, 1.15 subdivision 3; 16A.151, subdivision 2; 152.021, 1.16 subdivisions 2a, 3; 169A.03, subdivision 21, by adding 1.17 a subdivision; 169A.20, subdivision 2; 169A.25, 1.18 subdivision 1; 169A.26, subdivision 1; 169A.27, 1.19 subdivision 1; 169A.275, subdivisions 3, 4, by adding 1.20 a subdivision; 169A.40, subdivision 3; 169A.44; 1.21 169A.51, subdivision 5; 169A.53, subdivision 3; 1.22 169A.54, subdivision 6; 169A.60, subdivisions 8, 13; 1.23 241.016, subdivision 1; 243.166, subdivisions 3, 4a; 1.24 243.48, subdivision 1; 243.53, subdivision 1; 1.25 260B.105, subdivisions 1, 2; 260B.143, subdivision 1; 1.26 260C.163, subdivision 5; 270A.03, subdivision 5; 1.27 271.06, subdivision 4; 299A.42; 299A.44, subdivision 1.28 1; 299A.465, subdivision 4; 299C.05; 299C.06; 299C.10, 1.29 subdivision 4, by adding a subdivision; 299C.48; 1.30 299F.46, subdivision 1, by adding subdivisions; 1.31 299M.01, by adding subdivisions; 299M.03, by adding 1.32 subdivisions; 299M.04; 299M.11, subdivisions 1, 2; 1.33 340A.301, by adding a subdivision; 357.021, 1.34 subdivisions 2, 6, 7; 357.022; 357.08; 363.073, by 1.35 adding a subdivision; 590.05; 609.101, subdivision 4; 1.36 609.105, subdivision 1, by adding subdivisions; 1.37 609.119; 609.135, subdivisions 1, 2; 609.145, by 1.38 adding a subdivision; 609.2231, by adding a 1.39 subdivision; 609.322, by adding a subdivision; 1.40 609.3241; 609.527, subdivision 3; 609.5312, 1.41 subdivisions 3, 4; 609.66, subdivision 1a, by adding a 1.42 subdivision; 609.68; 609.681; 609.748, subdivisions 3, 1.43 4, 5; 611.14; 611.17; 611.18; 611.25, subdivision 1; 1.44 611.26, subdivision 6; 611.272; 624.22, subdivision 1; 1.45 629.471, by adding a subdivision; 641.14; 641.263, by 1.46 adding subdivisions; proposing coding for new law in 2.1 Minnesota Statutes, chapters 169A; 243; 244; 256B; 2.2 299F; 609; 611A; 641; repealing Minnesota Statutes 2.3 2002, sections 13.855; 123B.73; 152.135, subdivision 2.4 4; 241.41; 241.42; 241.43; 241.44; 241.441; 241.45; 2.5 244.19, subdivision 3a; Laws 2002, chapter 220, 2.6 article 6, section 6. 2.7 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.8 ARTICLE 1 2.9 APPROPRIATIONS 2.10 Section 1. [CRIMINAL JUSTICE APPROPRIATIONS.] 2.11 The sums shown in the columns marked "APPROPRIATIONS" are 2.12 appropriated from the general fund, or another named fund, to 2.13 the agencies and for the purposes specified in this act, to be 2.14 available for the fiscal years indicated for each purpose. The 2.15 figures "2003," "2004," and "2005," where used in this act, mean 2.16 that the appropriation or appropriations listed under them are 2.17 available for the year ending June 30, 2003, June 30, 2004, or 2.18 June 30, 2005, respectively. The term "first year" means the 2.19 fiscal year ending June 30, 2004, and the term "second year" 2.20 means the fiscal year ending June 30, 2005. 2.21 SUMMARY BY FUND 2.22 2003 2004 2005 TOTAL 2.23 General $379,000 $ 709,621,000 $ 724,439,000 $1,434,439,000 2.24 State Government 2.25 Special Revenue 7,000 7,000 14,000 2.26 Environmental 2.27 Fund 49,000 49,000 98,000 2.28 Special Revenue 2.29 Fund 5,578,000 5,578,000 11,156,000 2.30 Trunk 2.31 Highway 361,000 361,000 722,000 2.32 TOTAL $379,000 $ 715,616,000 $ 730,434,000 $1,446,429,000 2.33 APPROPRIATIONS 2.34 Available for the Year 2.35 Ending June 30 2.36 2004 2005 2.37 Sec. 2. SUPREME COURT 38,806,000 36,439,000 2.38 [REPORT ON COURT FEES.] The state court 2.39 administrator shall review and report 2.40 back on the financial consequences of 2.41 policy changes made in the following 2.42 areas: (1) criminal and traffic 2.43 offender surcharges; (2) public 2.44 defender co-pays; and (3) the use of 2.45 revenue recapture to collect the public 2.46 defender co-pay. The report shall also 3.1 list the local governmental units that 3.2 employ administrative procedures to 3.3 collect fines for ordinance 3.4 violations. The state court 3.5 administrator must submit the report to 3.6 the chairs and ranking minority members 3.7 on the committees that have 3.8 jurisdiction over court funding by 3.9 January 15 of each year. 3.10 $5,000 each year is for a contingent 3.11 account for expenses necessary for the 3.12 normal operation of the court for which 3.13 no other reimbursement is provided. 3.14 [LEGAL SERVICES TO LOW-INCOME CLIENTS 3.15 IN FAMILY LAW MATTERS.] Of this 3.16 appropriation, $877,000 each year is to 3.17 improve the access of low-income 3.18 clients to legal representation in 3.19 family law matters. This appropriation 3.20 must be distributed under Minnesota 3.21 Statutes, section 480.242, to the 3.22 qualified legal services programs 3.23 described in Minnesota Statutes, 3.24 section 480.242, subdivision 2, 3.25 paragraph (a). Any unencumbered 3.26 balance remaining in the first year 3.27 does not cancel and is available in the 3.28 second year. 3.29 Of this appropriation, $355,000 in 3.30 fiscal year 2005 is for the 3.31 implementation of the Minnesota Child 3.32 Support Act and is contingent upon its 3.33 enactment. This is a onetime 3.34 appropriation. 3.35 Sec. 3. COURT OF APPEALS 7,898,000 7,939,000 3.36 Sec. 4. DISTRICT COURTS 175,287,000 196,633,000 3.37 The court administrator in each county 3.38 shall make all reasonable and diligent 3.39 efforts to promptly collect public 3.40 defender co-payments. If the court 3.41 administrator is unable to collect the 3.42 co-payment, the court administrator 3.43 shall timely submit a claim for revenue 3.44 recapture. 3.45 Sec. 5. TAX COURT 726,000 726,000 3.46 Sec. 6. UNIFORM LAWS 3.47 COMMISSION 38,000 39,000 3.48 Sec. 7. BOARD ON 3.49 JUDICIAL STANDARDS 252,000 252,000 3.50 Sec. 8. BOARD OF PUBLIC 3.51 DEFENSE 53,763,000 46,082,000 3.52 Sec. 9. PUBLIC SAFETY 3.53 Subdivision 1. Total 3.54 Appropriation 70,065,000 70,525,000 3.55 Summary by Fund 3.56 2004 2005 4.1 General 69,013,000 69,473,000 4.2 Special Revenue 635,000 635,000 4.3 State Government 4.4 Special Revenue 7,000 7,000 4.5 Environmental 49,000 49,000 4.6 Trunk Highway 361,000 361,000 4.7 [APPROPRIATIONS FOR PROGRAMS.] The 4.8 amounts that may be spent from this 4.9 appropriation for each program are 4.10 specified in the following subdivisions. 4.11 Subd. 2. Emergency 4.12 Management 2,903,000 2,903,000 4.13 [EQUIPMENT; EMERGENCY RESPONSE TEAMS; 4.14 DULUTH, MOORHEAD, ST. PAUL, ROCHESTER.] 4.15 The commissioner of public safety may 4.16 not relocate or reassign to another 4.17 location or emergency response team the 4.18 equipment currently housed or stored in 4.19 or around Duluth, Moorhead, St. Paul, 4.20 or Rochester and intended for use by 4.21 the emergency response teams 4.22 responsible for responding to incidents 4.23 in and around Duluth, Moorhead, St. 4.24 Paul, or Rochester. 4.25 Summary by Fund 4.26 General 2,854,000 2,854,000 4.27 Environmental 49,000 49,000 4.28 [NONPROFIT AND FAITH-BASED 4.29 ORGANIZATIONS; ANTI-TERRORISM GRANTS.] 4.30 Notwithstanding any law to the 4.31 contrary, nonprofit and faith-based 4.32 organizations may apply for and receive 4.33 any funds or grants, whether federal or 4.34 state, made available for 4.35 anti-terrorism efforts that are not 4.36 distributed or encumbered for 4.37 distribution to public safety entities 4.38 within a year of receipt by the 4.39 department of public safety. These 4.40 organizations must be considered under 4.41 the same criteria applicable to any 4.42 other eligible entity and must be given 4.43 equal consideration. 4.44 $430,000 is canceled from the fiscal 4.45 year 2003 appropriation for terrorism 4.46 response-related equipment in Laws 4.47 2003, chapter 401, article 2, section 4.48 1, subdivision 2. 4.49 Subd. 3. Criminal 4.50 Apprehension 36,207,000 36,874,000 4.51 Summary by Fund 4.52 General 35,204,000 35,871,000 4.53 Special Revenue 635,000 635,000 4.54 State Government 5.1 Special Revenue 7,000 7,000 5.2 Trunk Highway 361,000 361,000 5.3 $1,066,000 the first year and $546,000 5.4 the second year are to enable the 5.5 bureau of criminal apprehension to 5.6 establish and maintain an Internet Web 5.7 site containing public criminal history 5.8 data. This is a onetime appropriation 5.9 and does not become part of the base. 5.10 If the appropriation for the first year 5.11 if not sufficient, the appropriation 5.12 for the second year is available for 5.13 use in the first year. $28,000 is 5.14 added to the base for fiscal year 2006 5.15 and $28,000 is added to the base for 5.16 fiscal year 2007 for ongoing support 5.17 and maintenance of the Web site. 5.18 [COOPERATIVE INVESTIGATION OF 5.19 CROSS-JURISDICTIONAL CRIMINAL 5.20 ACTIVITY.] $135,000 each year from the 5.21 bureau of criminal apprehension account 5.22 in the special revenue fund is for 5.23 grants to local officials for the 5.24 cooperative investigation of 5.25 cross-jurisdictional criminal 5.26 activity. Any unencumbered balance 5.27 remaining in the first year does not 5.28 cancel but is available for the second 5.29 year. 5.30 [LABORATORY ACTIVITIES.] $500,000 the 5.31 first year and $500,000 the second year 5.32 from the bureau of criminal 5.33 apprehension account in the special 5.34 revenue fund are appropriated for 5.35 laboratory activities. 5.36 [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 5.37 Notwithstanding Minnesota Statutes, 5.38 section 161.20, subdivision 3, $361,000 5.39 the first year and $361,000 the second 5.40 year are appropriated from the trunk 5.41 highway fund for laboratory analysis 5.42 related to driving while impaired cases. 5.43 [CRIMNET.] The commissioner of public 5.44 safety shall develop a plan for using 5.45 the base funds appropriated for the 5.46 CriMNet policy group, the CriMNet 5.47 backbone, and CriMNet suspense file 5.48 reductions to further completion of the 5.49 CriMNet program. The commissioner 5.50 shall consult with the criminal and 5.51 juvenile justice information policy 5.52 group and other interested parties on 5.53 the development of this plan. 5.54 Subd. 4. Fire Marshal 2,430,000 2,444,000 5.55 Subd. 5. Alcohol and 5.56 Gambling Enforcement 1,622,000 1,622,000 5.57 Subd. 6. Crime Victims Services 5.58 Center 24,839,000 24,623,000 5.59 Of this appropriation, $945,000 the 5.60 first year and $945,000 the second year 5.61 are for the abused children program. 6.1 The office of justice programs must 6.2 convene a focus group in every judicial 6.3 district to assess crime victim needs 6.4 and program effectiveness. The office 6.5 must convene focus groups on a biennial 6.6 basis in order to ensure ongoing, 6.7 broad-based stakeholder and public 6.8 input. 6.9 Subd. 7. Law Enforcement and 6.10 Community Grants 2,064,000 2,059,000 6.11 The base for this program shall be 6.12 $2,054,000 for fiscal year 2006 and 6.13 $2,049,000 for fiscal year 2007. 6.14 [GANG STRIKE FORCE.] By January 15, 6.15 2004, the commissioner of public safety 6.16 must submit a report on a plan to 6.17 combine the gang strike force and the 6.18 narcotics task force to the senate and 6.19 house chairs of committees with 6.20 jurisdiction over criminal justice. 6.21 [JUVENILE ASSESSMENT ACCOUNT.] The 6.22 balance of the funds in the juvenile 6.23 assessment account in the special 6.24 revenue fund is transferred to the 6.25 state fire marshal hotel inspection 6.26 dedicated special revenue account on 6.27 July 1, 2003. 6.28 [ADMINISTRATION COSTS.] Up to 2.5 6.29 percent of the grant funds appropriated 6.30 in this subdivision may be used to 6.31 administer the grant programs. 6.32 The office of drug policy and violence 6.33 prevention must give priority to 6.34 programs dealing with school truancy 6.35 and after-school activity. 6.36 Sec. 10. PEACE OFFICERS STANDARDS 6.37 BOARD (POST) 3,943,000 3,943,000 6.38 This appropriation is from the peace 6.39 officers training account in the 6.40 special revenue fund. Any receipts 6.41 credited to that account in the first 6.42 year in excess of $3,943,000 must be 6.43 transferred and credited to the general 6.44 fund. Any receipts credited to that 6.45 account in the second year in excess of 6.46 $3,943,000 must be transferred and 6.47 credited to the general fund. 6.48 Sec. 11. PRIVATE DETECTIVE BOARD 126,000 126,000 6.49 Sec. 12. HUMAN RIGHTS 3,520,000 3,490,000 6.50 Sec. 13. CORRECTIONS 6.51 Subdivision 1. Total 6.52 Appropriation 359,600,000 363,804,000 6.53 Summary by Fund 6.54 General Fund 358,600,000 362,804,000 6.55 Special Revenue 1,000,000 1,000,000 7.1 The amounts that may be spent from this 7.2 appropriation for each program are 7.3 specified in the following subdivisions. 7.4 [FEASIBILITY OF DOUBLE BUNKING AT LOCAL 7.5 JAILS.] The commissioner of corrections 7.6 must work with the Minnesota Sheriff's 7.7 Association, the Association of 7.8 Minnesota Counties, and Community 7.9 Corrections Act counties to review 7.10 capacities at local jail facilities and 7.11 to determine the feasibility of 7.12 increasing capacity by double bunking 7.13 inmates. 7.14 Subd. 2. Correctional 7.15 Institutions 237,309,000 240,427,000 7.16 Summary by Fund 7.17 General Fund 236,679,000 239,797,000 7.18 Special Revenue 630,000 630,000 7.19 [CONTRACT FOR BEDS AT RUSH CITY.] If 7.20 the commissioner contracts with other 7.21 states, local units of government, or 7.22 the federal government to rent beds in 7.23 the Rush City correctional facility, 7.24 the commissioner shall charge a per 7.25 diem under the contract, to the extent 7.26 possible, that is equal to or greater 7.27 than the per diem cost of housing 7.28 Minnesota inmates in the facility. The 7.29 per diem cost for housing inmates of 7.30 other states, local units of 7.31 government, or the federal government 7.32 at this facility shall be based on the 7.33 assumption that the facility is at or 7.34 near capacity. 7.35 The commissioner may use the per diem 7.36 appropriation, up to $300,000, for the 7.37 pre-design of the renovation and 1,161 7.38 bed expansion at the Minnesota 7.39 Correctional Facility-Faribault. By 7.40 January 15, 2004, the commissioner of 7.41 corrections shall report to the chairs 7.42 and ranking members of the legislative 7.43 committees having jurisdiction over 7.44 corrections and capital investment on 7.45 the pre-design. Notwithstanding any 7.46 laws to the contrary, the commissioner 7.47 may use the remaining per diem 7.48 appropriation to operate the state 7.49 correctional system. 7.50 Subd. 3. Juvenile Services 13,035,000 13,035,000 7.51 Subd. 4. Community Services 94,359,000 95,445,000 7.52 Summary by Fund 7.53 General Fund 94,239,000 95,325,000 7.54 Special Revenue 120,000 120,000 7.55 [MILLE LACS COUNTY PROBATION SERVICES.] 7.56 $373,000 the first year and $373,000 7.57 the second year are for an increase in 7.58 probation services provided to Mille 8.1 Lacs County. It is anticipated that 8.2 the county will reimburse the state for 8.3 these costs and that these proceeds 8.4 will be deposited in the general fund. 8.5 [BELTRAMI COUNTY PROBATION SERVICES.] 8.6 $61,000 the first year and $61,000 the 8.7 second year are for an increase in 8.8 probation support services provided to 8.9 Beltrami County. It is anticipated 8.10 that the county will reimburse the 8.11 state for these costs and that these 8.12 proceeds will be deposited in the 8.13 general fund. 8.14 $1,207,000 each year is appropriated to 8.15 the commissioner of corrections for 8.16 costs associated with the housing and 8.17 care of short-term offenders. The 8.18 commissioner may use up to 20 percent 8.19 of the total amount of the 8.20 appropriation for inpatient medical 8.21 care for short-term offenders with less 8.22 than six months to serve as affected by 8.23 the changes made to Minnesota Statutes, 8.24 section 609.105, in this act. The 8.25 commissioner shall establish and 8.26 implement policy governing the 8.27 admission, housing, medical care, and 8.28 release of this population. All funds 8.29 remaining at the end of the fiscal year 8.30 not expended for inpatient medical care 8.31 shall be added to and distributed with 8.32 the housing funds. These funds shall 8.33 be distributed proportionately based on 8.34 the total number of days short-term 8.35 offenders are placed locally, not to 8.36 exceed $70 per day. Short-term 8.37 offenders may be housed in a state 8.38 correctional facility at the discretion 8.39 of the commissioner. The department of 8.40 corrections is exempt from the state 8.41 contracting process for the purposes of 8.42 the changes made to Minnesota Statutes, 8.43 section 609.105, in this act. 8.44 Subd. 5. Operations Support 14,897,000 14,897,000 8.45 Summary by Fund 8.46 General Fund 14,647,000 14,647,000 8.47 Special Revenue 250,000 250,000 8.48 Sec. 14. SENTENCING GUIDELINES 436,000 436,000 8.49 [REPORT ON DRUG OFFENDER SENTENCING.] 8.50 The sentencing guidelines commission, 8.51 in consultation with the commissioner 8.52 of corrections, shall prepare a report 8.53 and make recommendations regarding the 8.54 following drug offender sentencing 8.55 issues: 8.56 (1) the evolution of Minnesota's drug 8.57 sentencing laws, the annual proportion 8.58 and number of prisoners incarcerated 8.59 for drug crimes in Minnesota state 8.60 prisons, the annual cost of 8.61 incarcerating drug offenders in 8.62 Minnesota state prisons, the 9.1 effectiveness of drug courts, and 9.2 current programs that employ 9.3 alternatives to incarceration for drug 9.4 offenders in Minnesota state prisons; 9.5 (2) the average and the range of 9.6 criminal history scores for each level 9.7 of drug offender currently incarcerated 9.8 in Minnesota state prisons; 9.9 (3) the proportionality of Minnesota's 9.10 drug sentencing provisions when 9.11 compared to sentencing provisions for 9.12 other crimes in Minnesota; 9.13 (4) the proportionality of Minnesota's 9.14 drug sentencing provisions when 9.15 compared to other states' drug 9.16 sentencing provisions; 9.17 (5) the type and quantity of Minnesota 9.18 correctional resources that are 9.19 dedicated to all drug offenders; 9.20 (6) the projected annual cost to the 9.21 department of corrections of 9.22 incarcerating all drug offenders in 9.23 state prisons over the next ten years; 9.24 (7) the cost savings to the department 9.25 of corrections by not incarcerating 9.26 nonviolent drug offenders and sending 9.27 them to noncustodial drug treatment 9.28 instead providing that the length of 9.29 their sentence is not reduced; and 9.30 (8) the recidivism rate for drug 9.31 offenders, in Minnesota and other 9.32 states, who are sent to noncustodial 9.33 drug treatment rather than 9.34 incarceration. 9.35 The sentencing guidelines commission 9.36 must present the report and 9.37 recommendations to the chairs and 9.38 ranking minority members of the house 9.39 and senate committees having 9.40 jurisdiction over criminal justice 9.41 policy and financing by January 15, 9.42 2004. 9.43 Sec. 15. DEPARTMENT OF 9.44 HUMAN SERVICES 1,156,000 ..,...,... 9.45 Of this appropriation, $770,000 in 9.46 fiscal year 2004 is for the 9.47 implementation of the Minnesota Child 9.48 Support Act and is contingent upon its 9.49 enactment. This is a onetime 9.50 appropriation. 9.51 Of this appropriation, $386,000 is for 9.52 costs associated with the alternative 9.53 placement of offenders with serious and 9.54 persistent mental illness initiative 9.55 contained in article 5. 9.56 Sec. 16. DEFICIENCY 9.57 APPROPRIATION 9.58 FISCAL YEAR 2003 10.1 General 35,000 10.2 [SPECIAL HEARING COSTS.] This 10.3 appropriation for fiscal year 2003 is 10.4 added to the appropriation in Laws 10.5 2001, First Special Session chapter 8, 10.6 article 4, section 5, to the board on 10.7 judicial standards and is to fund costs 10.8 of a public hearing for a judge. This 10.9 appropriation is available the day 10.10 following final enactment and is 10.11 available until June 30, 2003. 10.12 Sec. 17. SUNSET OF UNCODIFIED 10.13 LANGUAGE 10.14 All uncodified language contained in 10.15 this article expires on June 30, 2005, 10.16 unless a different expiration date is 10.17 explicit. 10.18 ARTICLE 2 10.19 COURT POLICY 10.20 Section 1. Minnesota Statutes 2002, section 271.06, 10.21 subdivision 4, is amended to read: 10.22 Subd. 4. [APPEAL FEE.] At the time of filing the notice of 10.23 appeal the appellant shall pay to the court administrator of the 10.24 tax court an appeal fee equal to the fee provided for civil 10.25 actions in the district court under section 357.021, subdivision 10.26 2, clause (1); except that no appeal fee shall be required of 10.27 the commissioner of revenue, the attorney general, the state or 10.28 any of its political subdivisions. In small claims division, 10.29 the appeal fee shall be
$25$150. The provisions of chapter 10.30 563, providing for proceedings in forma pauperis, shall also 10.31 apply for appeals to the tax court. 10.32 [EFFECTIVE DATE.] This section is effective July 1, 2003. 10.33 Sec. 2. Minnesota Statutes 2002, section 357.021, 10.34 subdivision 2, is amended to read: 10.35 Subd. 2. [FEE AMOUNTS.] The fees to be charged and 10.36 collected by the court administrator shall be as follows: 10.37 (1) In every civil action or proceeding in said court, 10.38 including any case arising under the tax laws of the state that 10.39 could be transferred or appealed to the tax court, the 10.40 plaintiff, petitioner, or other moving party shall pay, when the 10.41 first paper is filed for that party in said action, a fee of 10.42 $135$235. 11.1 The defendant or other adverse or intervening party, or any 11.2 one or more of several defendants or other adverse or 11.3 intervening parties appearing separately from the others, shall 11.4 pay, when the first paper is filed for that party in said 11.5 action, a fee of $135$235. 11.6 The party requesting a trial by jury shall pay $75. 11.7 The fees above stated shall be the full trial fee 11.8 chargeable to said parties irrespective of whether trial be to 11.9 the court alone, to the court and jury, or disposed of without 11.10 trial, and shall include the entry of judgment in the action, 11.11 but does not include copies or certified copies of any papers so 11.12 filed or proceedings under chapter 103E, except the provisions 11.13 therein as to appeals. 11.14 (2) Certified copy of any instrument from a civil or 11.15 criminal proceeding, $10, and $5 for an uncertified copy. 11.16 (3) Issuing a subpoena, $3$12 for each name. 11.17 (4) Filing a motion or response to a motion in civil, 11.18 family, excluding child support, and guardianship cases, $55. 11.19 (5) Issuing an execution and filing the return thereof; 11.20 issuing a writ of attachment, injunction, habeas corpus, 11.21 mandamus, quo warranto, certiorari, or other writs not 11.22 specifically mentioned, $10$40. 11.23 (5)(6) Issuing a transcript of judgment, or for filing and 11.24 docketing a transcript of judgment from another court, $7.50$30. 11.25 (6)(7) Filing and entering a satisfaction of judgment, 11.26 partial satisfaction, or assignment of judgment, $5. 11.27 (7)(8) Certificate as to existence or nonexistence of 11.28 judgments docketed, $5 for each name certified to. 11.29 (8)(9) Filing and indexing trade name; or recording basic 11.30 science certificate; or recording certificate of physicians, 11.31 osteopaths, chiropractors, veterinarians, or optometrists, $5. 11.32 (9)(10) For the filing of each partial, final, or annual 11.33 account in all trusteeships, $10$40. 11.34 (10)(11) For the deposit of a will, $5$20. 11.35 (11)(12) For recording notary commission, $25$100, of 11.36 which, notwithstanding subdivision 1a, paragraph (b), $20$80 12.1 must be forwarded to the state treasurer to be deposited in the 12.2 state treasury and credited to the general fund. 12.3 (12)(13) Filing a motion or response to a motion for 12.4 modification of child support, a fee fixed by rule or order of 12.5 the supreme court. 12.6 (13)(14) All other services required by law for which no 12.7 fee is provided, such fee as compares favorably with those 12.8 herein provided, or such as may be fixed by rule or order of the 12.9 court. 12.10 (14)(15) In addition to any other filing fees under this 12.11 chapter, a surcharge in the amount of $75 must be assessed in 12.12 accordance with section 259.52, subdivision 14, for each 12.13 adoption petition filed in district court to fund the fathers' 12.14 adoption registry under section 259.52. 12.15 The fees in clauses (3) and (4)(5) need not be paid by a 12.16 public authority or the party the public authority represents. 12.17 [EFFECTIVE DATE.] This section is effective July 1, 2003. 12.18 Sec. 3. Minnesota Statutes 2002, section 357.022, is 12.19 amended to read: 12.20 357.022 [CONCILIATION COURT FEE.] 12.21 The court administrator in every county shall charge and 12.22 collect a filing fee of $25 where the amount demanded is less12.23 than $2,000 and $35 where the amount demanded is $2,000 or more12.24 $50 from every plaintiff and from every defendant when the first 12.25 paper for that party is filed in any conciliation court action. 12.26 This section does not apply to conciliation court actions filed 12.27 by the state. The court administrator shall transmit the fees 12.28 monthly to the state treasurer for deposit in the state treasury 12.29 and credit to the general fund. 12.30 [EFFECTIVE DATE.] This section is effective July 1, 2003. 12.31 Sec. 4. Minnesota Statutes 2002, section 357.08, is 12.32 amended to read: 12.33 357.08 [PAID BY APPELLANT IN APPEAL.] 12.34 There shall be paid to the clerk of the appellate courts by 12.35 the appellant, or moving party or person requiring the service, 12.36 in all cases of appeal, certiorari, habeas corpus, mandamus, 13.1 injunction, prohibition, or other original proceeding, when 13.2 initially filed with the clerk of the appellate courts, the sum 13.3 of $250$500 to the clerk of the appellate courts. An 13.4 additional filing fee of $100 shall be required for a petition 13.5 for accelerated review by the supreme court. A filing fee 13.6 of $250$500 shall be paid to the clerk of the appellate courts 13.7 upon the filing of a petition for review from a decision of the 13.8 court of appeals. A filing fee of $250$500 shall be paid to 13.9 the clerk of the appellate courts upon the filing of a petition 13.10 for permission to appeal. A filing fee of $100 shall be paid to 13.11 the clerk of the appellate courts upon the filing by a 13.12 respondent of a notice of review. The clerk shall transmit the 13.13 fees to the state treasurer for deposit in the state treasury 13.14 and credit to the general fund. 13.15 The clerk shall not file any paper, issue any writ or 13.16 certificate, or perform any service enumerated herein, until the 13.17 payment has been made for it. The clerk shall pay the sum into 13.18 the state treasury as provided for by section 15A.01. 13.19 The charges provided for shall not apply to disbarment 13.20 proceedings, nor to an action or proceeding by the state taken 13.21 solely in the public interest, where the state is the appellant 13.22 or moving party, nor to copies of the opinions of the court 13.23 furnished by the clerk to the parties before judgment, or 13.24 furnished to the district judge whose decision is under review, 13.25 or to such law library associations in counties having a 13.26 population exceeding 50,000, as the court may direct. 13.27 [EFFECTIVE DATE.] This section is effective July 1, 2003. 13.28 Sec. 5. Minnesota Statutes 2002, section 363.073, is 13.29 amended by adding a subdivision to read: 13.30 Subd. 1a. [FILING FEE; ACCOUNT; APPROPRIATION.] The 13.31 commissioner shall collect a $75 fee for each certificate of 13.32 compliance issued by the commissioner or the commissioner's 13.33 designated agent. The proceeds of the fee must be deposited in 13.34 a human rights fee special revenue account. Money in the 13.35 account is appropriated to the commissioner to fund the cost of 13.36 issuing certificates and investigating grievances. 14.1 [EFFECTIVE DATE.] This section is effective July 1, 2003. 14.2 Sec. 6. Minnesota Statutes 2002, section 609.101, 14.3 subdivision 4, is amended to read: 14.4 Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 14.5 any other law: 14.6 (1) when a court sentences a person convicted of a felony 14.7 that is not listed in subdivision 2 or 3, it must impose a fine 14.8 of not less than 30 percent of the maximum fine authorized by 14.9 law nor more than the maximum fine authorized by law; and 14.10 (2) when a court sentences a person convicted of a gross 14.11 misdemeanor or misdemeanor that is not listed in subdivision 2, 14.12 it must impose a fine of not less than 30 percent of the maximum 14.13 fine authorized by law nor more than the maximum fine authorized 14.14 by law, unless the fine is set at a lower amount on a uniform 14.15 fine schedule established by the conference of chief judges in 14.16 consultation with affected state and local agencies. This 14.17 schedule shall be promulgated not later than JanuarySeptember 1 14.18 of each year and shall become effective on AugustJanuary 1 of 14.19 thatthe next year unless the legislature, by law, provides 14.20 otherwise. 14.21 The minimum fine required by this subdivision is in 14.22 addition to the surcharge or assessment required by section 14.23 357.021, subdivision 6, and is in addition to any sentence of 14.24 imprisonment or restitution imposed or ordered by the court. 14.25 The court shall collect the fines mandated in this 14.26 subdivision and, except for fines for traffic and motor vehicle 14.27 violations governed by section 169.871 and section 299D.03 and 14.28 fish and game violations governed by section 97A.065, forward 20 14.29 percent of the revenues to the state treasurer for deposit in 14.30 the general fund. 14.31 [EFFECTIVE DATE.] This section is effective July 1, 2003. 14.32 ARTICLE 3 14.33 PUBLIC DEFENSE 14.34 Section 1. Minnesota Statutes 2002, section 270A.03, 14.35 subdivision 5, is amended to read: 14.36 Subd. 5. [DEBT.] "Debt" means a legal obligation of a 15.1 natural person to pay a fixed and certain amount of money, which 15.2 equals or exceeds $25 and which is due and payable to a claimant 15.3 agency. The term includes criminal fines imposed under section 15.4 609.10 or 609.125 and restitution. The term also includes the 15.5 co-payment for the appointment of a district public defender 15.6 imposed under section 611.17, paragraph (c). A debt may arise 15.7 under a contractual or statutory obligation, a court order, or 15.8 other legal obligation, but need not have been reduced to 15.9 judgment. 15.10 A debt includes any legal obligation of a current recipient 15.11 of assistance which is based on overpayment of an assistance 15.12 grant where that payment is based on a client waiver or an 15.13 administrative or judicial finding of an intentional program 15.14 violation; or where the debt is owed to a program wherein the 15.15 debtor is not a client at the time notification is provided to 15.16 initiate recovery under this chapter and the debtor is not a 15.17 current recipient of food stamps, transitional child care, or 15.18 transitional medical assistance. 15.19 A debt does not include any legal obligation to pay a 15.20 claimant agency for medical care, including hospitalization if 15.21 the income of the debtor at the time when the medical care was 15.22 rendered does not exceed the following amount: 15.23 (1) for an unmarried debtor, an income of $8,800 or less; 15.24 (2) for a debtor with one dependent, an income of $11,270 15.25 or less; 15.26 (3) for a debtor with two dependents, an income of $13,330 15.27 or less; 15.28 (4) for a debtor with three dependents, an income of 15.29 $15,120 or less; 15.30 (5) for a debtor with four dependents, an income of $15,950 15.31 or less; and 15.32 (6) for a debtor with five or more dependents, an income of 15.33 $16,630 or less. 15.34 The income amounts in this subdivision shall be adjusted 15.35 for inflation for debts incurred in calendar years 2001 and 15.36 thereafter. The dollar amount of each income level that applied 16.1 to debts incurred in the prior year shall be increased in the 16.2 same manner as provided in section 1(f) of the Internal Revenue 16.3 Code of 1986, as amended through December 31, 2000, except that 16.4 for the purposes of this subdivision the percentage increase 16.5 shall be determined from the year starting September 1, 1999, 16.6 and ending August 31, 2000, as the base year for adjusting for 16.7 inflation for debts incurred after December 31, 2000. 16.8 Debt also includes an agreement to pay a MinnesotaCare 16.9 premium, regardless of the dollar amount of the premium 16.10 authorized under section 256L.15, subdivision 1a. 16.11 [EFFECTIVE DATE.] This section is effective July 1, 2003, 16.12 and applies to crimes committed on or after that date. 16.13 Sec. 2. Minnesota Statutes 2002, section 590.05, is 16.14 amended to read: 16.15 590.05 [INDIGENT PETITIONERS.] 16.16 A person financially unable to obtain counsel who desires 16.17 to pursue the remedy provided in section 590.01 may apply for 16.18 representation by the state public defender. The state public 16.19 defender shall represent such person under the applicable 16.20 provisions of sections 611.14 to 611.27, if the person has not 16.21 already had a direct appeal of the conviction. If, however, the 16.22 person pled guilty and received a presumptive sentence or a 16.23 downward departure in sentence, and the state public defender 16.24 reviewed the person's case and determined that there was no 16.25 basis for an appeal of the conviction or of the sentence, then 16.26 the state public defender may decline to represent the person in 16.27 a postconviction remedy case. The state public defender may 16.28 represent, without charge, all other persons pursuing a 16.29 postconviction remedy under section 590.01, who are financially 16.30 unable to obtain counsel. 16.31 [EFFECTIVE DATE.] This section is effective July 1, 2003. 16.32 Sec. 3. Minnesota Statutes 2002, section 611.14, is 16.33 amended to read: 16.34 611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 16.35 The following persons who are financially unable to obtain 16.36 counsel are entitled to be represented by a public defender: 17.1 (1) a person charged with a felony, gross misdemeanor, or 17.2 misdemeanor including a person charged under sections 629.01 to 17.3 629.29; 17.4 (2) a person appealing from a conviction of a felony or 17.5 gross misdemeanor, or a person convicted of a felony or gross 17.6 misdemeanor, who is pursuing a postconviction proceeding and who 17.7 has not already had a direct appeal of the conviction, but if 17.8 the person pled guilty and received a presumptive sentence or a 17.9 downward departure in sentence, and the state public defender 17.10 reviewed the person's case and determined that there was no 17.11 basis for an appeal of the conviction or of the sentence, then 17.12 the state public defender may decline to represent the person in 17.13 a postconviction remedy case; 17.14 (3) a person who is entitled to be represented by counsel 17.15 under section 609.14, subdivision 2; or 17.16 (4) a minor ten years of age or older who is entitled to be 17.17 represented by counsel under section 260B.163, subdivision 4, or 17.18 260C.163, subdivision 3. 17.19 [EFFECTIVE DATE.] This section is effective July 1, 2003. 17.20 Sec. 4. Minnesota Statutes 2002, section 611.17, is 17.21 amended to read: 17.22 611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.] 17.23 Subdivision 1. [STANDARDS FOR DISTRICT PUBLIC DEFENSE 17.24 ELIGIBILITY.] (a) Each judicial district must screen 17.25 requests under paragraph (b)for representation by the district 17.26 public defender. A defendant is financially unable to obtain 17.27 counsel if: 17.28 (1) the defendant, or any dependent of the defendant who 17.29 resides in the same household as the defendant, receives 17.30 means-tested governmental benefits; or 17.31 (2) the defendant, through any combination of liquid assets 17.32 and current income, would be unable to pay the reasonable costs 17.33 charged by private counsel in that judicial district for a 17.34 defense of the same matter. 17.35 (b) Upon a request for the appointment of counsel, the 17.36 court shall make appropriate inquiry into the financial 18.1 circumstances of the applicant, who shall submit a financial 18.2 statement under oath or affirmation setting forth the 18.3 applicant's assets and liabilities, including the value of any 18.4 real property owned by the applicant, whether homestead or 18.5 otherwise, less the amount of any encumbrances on the real 18.6 property, the source or sources of income, and any other 18.7 information required by the court. The applicant shall be under 18.8 a continuing duty while represented by a public defender to 18.9 disclose any changes in the applicant's financial circumstances 18.10 that might be relevant to the applicant's eligibility for a 18.11 public defender. The state public defender shall furnish 18.12 appropriate forms for the financial statements. The forms must 18.13 contain conspicuous notice of the applicant's continuing duty to 18.14 disclose to the court changes in the applicant's financial 18.15 circumstances. The forms must also contain conspicuous notice 18.16 of the applicant's obligation to make a co-payment for the 18.17 services of the district public defender, as specified under 18.18 paragraph (c). The information contained in the statement shall 18.19 be confidential and for the exclusive use of the court and the 18.20 public defender appointed by the court to represent the 18.21 applicant except for any prosecution under section 609.48. A 18.22 refusal to execute the financial statement or produce financial 18.23 records constitutes a waiver of the right to the appointment of 18.24 a public defender. The court shall not appoint a district 18.25 public defender to a defendant who is financially able to retain 18.26 private counsel but refuses to do so. 18.27 An inquiry to determine financial eligibility of a 18.28 defendant for the appointment of the district public defender 18.29 shall be made whenever possible prior to the court appearance 18.30 and by such persons as the court may direct. This inquiry may 18.31 be combined with the pre-release investigation provided for in 18.32 Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In no 18.33 case shall the district public defender be required to perform 18.34 this inquiry or investigate the defendant's assets or 18.35 eligibility. The court has the sole duty to conduct a financial 18.36 inquiry. The inquiry must include the following: 19.1 (1) the liquidity of real estate assets, including the 19.2 defendant's homestead; 19.3 (2) any assets that can be readily converted to cash or 19.4 used to secure a debt; 19.5 (3) the determination of whether the transfer of an asset 19.6 is voidable as a fraudulent conveyance; and 19.7 (4) the value of all property transfers occurring on or 19.8 after the date of the alleged offense. The burden is on the 19.9 accused to show that he or she is financially unable to afford 19.10 counsel. Defendants who fail to provide information necessary 19.11 to determine eligibility shall be deemed ineligible. The court 19.12 must not appoint the district public defender as advisory 19.13 counsel. 19.14 (c) Upon disposition of the caseappointment of the public 19.15 defender, an individual who has receivedreceives public 19.16 defender services shall be obligated to pay to the court a $2819.17 co-payment for representation provided by a public defender ,19.18 unless the co-payment is, or has been, waived by the court. The 19.19 co-payment shall be according to the following schedule: 19.20 (1) if the person was charged with a felony, $200; 19.21 (2) if the person was charged with a gross misdemeanor, 19.22 $100; or 19.23 (3) if the person was charged with a misdemeanor, $50. 19.24 If the person is a child and was appointed counsel under 19.25 the provisions of section 260B.163, subdivision 4, the parents 19.26 of the child shall pay to the court a co-payment of $100. If 19.27 the person is a parent of a child and the parent was appointed 19.28 counsel under the provisions of section 260C.163, subdivision 3, 19.29 the parent shall pay to the court a co-payment of $200. 19.30 The co-payment shall be deposited in the state general 19.31 fund. If a term of probation is imposed as a part of an 19.32 offender's sentence, the co-payment required by this section 19.33 must not be made a condition of probation. The co-payment 19.34 required by this section is a civil obligation and must not be 19.35 made a condition of a criminal sentence. Collection of the 19.36 co-payment may be made through the provisions of chapter 270A, 20.1 the Revenue Recapture Act. 20.2 (d) All public defender co-pay revenue collected under 20.3 paragraph (c) and revenues less statutory fees collected under 20.4 chapter 270A shall be deposited in the public defender co-pay 20.5 account in the special revenue fund. 20.6 The first $2,740,000 deposited in the public defender 20.7 co-pay account must be transferred to the general fund. This is 20.8 not an annual transfer. Receipts in excess of the first 20.9 $2,740,000 are appropriated to the board of public defense for 20.10 public defender services. 20.11 [EFFECTIVE DATE.] This section is effective July 1, 2003, 20.12 and applies to crimes committed on or after that date. 20.13 Sec. 5. Minnesota Statutes 2002, section 611.18, is 20.14 amended to read: 20.15 611.18 [APPOINTMENT OF PUBLIC DEFENDER.] 20.16 If it appears to a court that a person requesting the 20.17 appointment of counsel satisfies the requirements of this 20.18 chapter, the court shall order the appropriate public defender 20.19 to represent the person at all further stages of the proceeding 20.20 through appeal, if any. For a person appealing from a 20.21 conviction, or a person pursuing a postconviction proceeding and 20.22 who has not already had a direct appeal of the 20.23 conviction, according to the standards of sections 611.14 and 20.24 611.25, subdivision 1, paragraph (a), clause (2), the state 20.25 public defender shall be appointed. For a person covered by 20.26 section 611.14, clause (1), a district public defender shall be 20.27 appointed to represent that person. If (a) conflicting 20.28 interests exist, (b) the district public defender for any other 20.29 reason is unable to act, or (c) the interests of justice 20.30 require, the state public defender may be ordered to represent a 20.31 person. When the state public defender is directed by a court 20.32 to represent a defendant or other person, the state public 20.33 defender may assign the representation to any district public 20.34 defender. If at any stage of the proceedings, including an 20.35 appeal, the court finds that the defendant is financially unable 20.36 to pay counsel whom the defendant had retained, the court may 21.1 appoint the appropriate public defender to represent the 21.2 defendant, as provided in this section. Prior to any court 21.3 appearance, a public defender may represent a person accused of 21.4 violating the law, who appears to be financially unable to 21.5 obtain counsel, and shall continue to represent the person 21.6 unless it is subsequently determined that the person is 21.7 financially able to obtain counsel. The representation may be 21.8 made available at the discretion of the public defender, upon 21.9 the request of the person or someone on the person's behalf. 21.10 Any law enforcement officer may notify the public defender of 21.11 the arrest of any such person. 21.12 [EFFECTIVE DATE.] This section is effective July 1, 2003. 21.13 Sec. 6. Minnesota Statutes 2002, section 611.25, 21.14 subdivision 1, is amended to read: 21.15 Subdivision 1. [REPRESENTATION.] (a) The state public 21.16 defender shall represent, without charge: 21.17 (1) a defendant or other person appealing from a conviction 21.18 of a felony or gross misdemeanor; 21.19 (2) a person convicted of a felony or gross misdemeanor who 21.20 is pursuing a postconviction proceeding and who has not already 21.21 had a direct appeal of the conviction, but if the person pled 21.22 guilty and received a presumptive sentence or a downward 21.23 departure in sentence, and the state public defender reviewed 21.24 the person's case and determined that there was no basis for an 21.25 appeal of the conviction or of the sentence, then the state 21.26 public defender may decline to represent the person in a 21.27 postconviction remedy case; and 21.28 (3) a child who is appealing from a delinquency 21.29 adjudication or from an extended jurisdiction juvenile 21.30 conviction. 21.31 (b) The state public defender may represent, without 21.32 charge, all other persons pursuing a postconviction remedy under 21.33 section 590.01, who are financially unable to obtain counsel. 21.34 (c) The state public defender shall represent any other 21.35 person, who is financially unable to obtain counsel, when 21.36 directed to do so by the supreme court or the court of appeals, 22.1 except that the state public defender shall not represent a 22.2 person in any action or proceeding in which a party is seeking a 22.3 monetary judgment, recovery or award. When requested by a 22.4 district public defender or appointed counsel, the state public 22.5 defender may assist the district public defender, appointed 22.6 counsel, or an organization designated in section 611.216 in the 22.7 performance of duties, including trial representation in matters 22.8 involving legal conflicts of interest or other special 22.9 circumstances, and assistance with legal research and brief 22.10 preparation. When the state public defender is directed by a 22.11 court to represent a defendant or other person, the state public 22.12 defender may assign the representation to any district public 22.13 defender. 22.14 [EFFECTIVE DATE.] This section is effective July 1, 2003. 22.15 Sec. 7. Minnesota Statutes 2002, section 611.26, 22.16 subdivision 6, is amended to read: 22.17 Subd. 6. [PERSONS DEFENDED.] The district public defender 22.18 shall represent, without charge, a defendant charged with a 22.19 felony, a gross misdemeanor, or misdemeanor when so directed by 22.20 the district court. The district public defender shall also 22.21 represent a minor ten years of age or older in the juvenile 22.22 court when so directed by the juvenile court. The district 22.23 public defender must not serve as advisory counsel. The 22.24 juvenile court may not order the district public defender to 22.25 represent a minor who is under the age of ten years, to serve as 22.26 a guardian ad litem, or to represent a guardian ad litem. 22.27 Sec. 8. Minnesota Statutes 2002, section 611.272, is 22.28 amended to read: 22.29 611.272 [ACCESS TO GOVERNMENT DATA.] 22.30 The district public defender, the state public defender, or 22.31 an attorney working for a public defense corporation under 22.32 section 611.216 has access to the criminal justice data 22.33 communications network described in section 299C.46, as provided 22.34 in this section. Access to data under this section is limited 22.35 to data regarding the public defender's own client as necessary 22.36 to prepare criminal cases in which the public defender has been 23.1 appointed, including, but not limited to, criminal history data 23.2 under section 13.87; juvenile offender data under section 23.3 299C.095; warrant information data under section 299C.115; 23.4 incarceration data under section 299C.14; conditional release 23.5 data under section 299C.147; and diversion program data under 23.6 section 299C.46, subdivision 5. The public defender does not 23.7 have access to law enforcement active investigative data under 23.8 section 13.82, subdivision 7; data protected under section 23.9 13.82, subdivision 17; or confidential arrest warrant indices 23.10 data under section 13.82, subdivision 19. The public defender 23.11 has access to the data at no charge, except for the monthly 23.12 network access charge under section 299C.46, subdivision 3, 23.13 paragraph (b), and a reasonable installation charge for a 23.14 terminal. Notwithstanding section 13.87, subdivision 3 ,; 23.15 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law 23.16 to the contrary, there shall be no charge to public defenders 23.17 for Internet access to public criminal history datathe criminal 23.18 justice data communications network. 23.19 [EFFECTIVE DATE.] This section is effective July 1, 2003. 23.20 ARTICLE 4 23.21 PUBLIC SAFETY 23.22 Section 1. Minnesota Statutes 2002, section 13.87, 23.23 subdivision 3, is amended to read: 23.24 Subd. 3. [INTERNET ACCESS.] (a) The bureau of criminal 23.25 apprehension shall establish and maintain an Internet Web site 23.26 containing public criminal history data by July 1, 2004. 23.27 (b) Notwithstanding section 13.03, subdivision 3, paragraph 23.28 (a), the bureau of criminal apprehensionmay charge a fee for 23.29 Internet access to public criminal history data provided through 23.30 August 1, 20032005. The fee may not exceed $5 per inquiry or 23.31 the amount needed to recoup the actual cost of implementing and 23.32 providing Internet access, whichever is less. Fees collected 23.33 must be deposited in the general fund as a nondedicated receipt. 23.34 (b)(c) The Web site must include a notice to the subject 23.35 of data of the right to contest the accuracy or completeness of 23.36 data, as provided under section 13.04, subdivision 4, and 24.1 provide a telephone number and address that the subject may 24.2 contact for further information on this process. 24.3 (c)(d) The Web site must include the effective date of 24.4 data that is posted. 24.5 (d)(e) The Web site must include a description of the 24.6 types of criminal history data not available on the site, 24.7 including arrest data, juvenile data, criminal history data from 24.8 other states, federal data, data on convictions where 15 years 24.9 have elapsed since discharge of the sentence, and other data 24.10 that are not accessible to the public. 24.11 (e)(f) A person who intends to access the Web site to 24.12 obtain information regarding an applicant for employment, 24.13 housing, or credit shouldmust disclose to the applicant the 24.14 intention to do so. The Web site must include a notice that a 24.15 person obtaining such access shouldmust notify the applicant 24.16 thatwhen a background check using this Web site may behas been 24.17 conducted. This paragraph does not create a civil cause of24.18 action on behalf of the data subject.24.19 (g) This subdivision does not create a civil cause of 24.20 action on behalf of the data subject. 24.21 (h) This subdivision expires July 31, 2007. 24.22 Sec. 2. Minnesota Statutes 2002, section 299A.42, is 24.23 amended to read: 24.24 299A.42 [PUBLIC SAFETY OFFICER'S BENEFIT ACCOUNT.] 24.25 The public safety officer's benefit account is created in 24.26 the state treasury. Money in the account consists of money 24.27 transferred and appropriated to that account. Money in the 24.28 account that is not expended in the fiscal year in which it is 24.29 transferred or appropriated does not revert to the general fund 24.30 until claims for reimbursement under section 299A.465 that are 24.31 submitted in that fiscal year are either paid or denied. 24.32 [EFFECTIVE DATE.] This section is effective the day 24.33 following final enactment. 24.34 Sec. 3. Minnesota Statutes 2002, section 299A.44, 24.35 subdivision 1, is amended to read: 24.36 Subdivision 1. [PAYMENT REQUIRED.] (a) On certification to 25.1 the governor by the commissioner of public safety that a public 25.2 safety officer employed within this state has been killed in the 25.3 line of duty, leaving a spouse or one or more eligible25.4 dependents,the commissioner of finance shall pay $100,000 from 25.5 the public safety officer's benefit account, as follows: 25.6 (1) if there is no dependent child, to the spouse; 25.7 (2) if there is no spouse, to the dependent child or 25.8 children in equal shares; 25.9 (3) if there are both a spouse and one or more dependent 25.10 children, one-half to the spouse and one-half to the child or 25.11 children, in equal shares; 25.12 (4) if there is no surviving spouse or dependent child or 25.13 children, to the parent or parents dependent for support on the 25.14 decedent, in equal shares; or 25.15 (5) if there is no surviving spouse, dependent child, or 25.16 dependent parent, then no payment may be made from the public25.17 safety officer's benefit fundto the public safety officer's 25.18 estate. 25.19 (b) If there are both a spouse and one or more dependent 25.20 children under age 18, the spouse, at the spouse's discretion, 25.21 may spend a maximum of one-third of a child's share on medical 25.22 or dental treatment for the child or the child's education. 25.23 Expenditures under this paragraph on behalf of a child do not 25.24 diminish the shares of any other children. In addition, a 25.25 spouse, at the spouse's discretion, may expend money from a 25.26 child's share to pay state and federal taxes on any interest 25.27 accrued on the share. 25.28 [EFFECTIVE DATE.] This section is effective retroactively 25.29 from July 1, 2002. 25.30 Sec. 4. Minnesota Statutes 2002, section 299A.465, 25.31 subdivision 4, is amended to read: 25.32 Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public 25.33 employer subject to this section may annually apply to the 25.34 commissioner of public safety for reimbursement to help defray a 25.35 portion of its costs of complying with this section. 25.36 Applications must be submitted by August 1 for claims relating 26.1 to the preceding fiscal year. The commissioner shall provide 26.2 reimbursement to the public employer out of the public safety 26.3 officer's benefit account. Reimbursement may be less than the 26.4 total claim and may be prorated based on the number of eligible 26.5 peace officers, firefighters, and qualifying dependents. An 26.6 individual share must not exceed the actual cost to a public 26.7 employer to provide coverage for an individual under this 26.8 section. 26.9 [EFFECTIVE DATE.] This section is effective the day 26.10 following final enactment. 26.11 Sec. 5. Minnesota Statutes 2002, section 299C.05, is 26.12 amended to read: 26.13 299C.05 [DIVISION OF CRIMINAL STATISTICS.] 26.14 There is hereby established within the bureau a division of 26.15 criminal statistics, and the superintendent, within the limits 26.16 of membership herein prescribed, shall appoint a qualified 26.17 statistician and one assistant to be in charge thereof. It 26.18 shall be the duty of this division to collect, and preserve as a 26.19 record of the bureau, information concerning the number and 26.20 nature of offenses known to have been committed in the state, of 26.21 the legal steps taken in connection therewith from the inception 26.22 of the complaint to the final discharge of the defendant, and 26.23 such other information as may be useful in the study of crime 26.24 and the administration of justice. The information so collected 26.25 and preserved shall include such data as may be requested by the 26.26 United States department of justice, at Washington, under its 26.27 national system of crime reporting. To the extent possible, the 26.28 superintendent must utilize a nationally recognized system or 26.29 standard approved by the Federal Bureau of Investigation to 26.30 collect and preserve crime data. 26.31 [EFFECTIVE DATE.] This section is effective August 1, 2003. 26.32 Sec. 6. Minnesota Statutes 2002, section 299C.06, is 26.33 amended to read: 26.34 299C.06 [DIVISION POWERS AND DUTIES; COOPERATION.] 26.35 It shall be the duty of all sheriffs, chiefs of police, 26.36 city marshals, constables, prison wardens, superintendents of 27.1 insane hospitals, reformatories and correctional schools, 27.2 probation and parole officers, school attendance officers, 27.3 coroners, county attorneys, court clerks, the commissioner of 27.4 public safety, the commissioner of transportation, and the state 27.5 fire marshal to furnish to the division statistics and 27.6 information regarding the number of crimes reported and 27.7 discovered, arrests made, complaints, informations, and 27.8 indictments, filed and the disposition made of same, pleas, 27.9 convictions, acquittals, probations granted or denied, 27.10 conditional release information, receipts, transfers, and 27.11 discharges to and from prisons, reformatories, correctional 27.12 schools, and other institutions, paroles granted and revoked, 27.13 commutation of sentences and pardons granted and rescinded, and 27.14 all other data useful in determining the cause and amount of 27.15 crime in this state and to form a basis for the study of crime, 27.16 police methods, court procedure, and penal problems. Such 27.17 statistics and information shall be furnished upon the request 27.18 of the division and upon such forms as may be prescribed and 27.19 furnished by it. Unless otherwise required or permitted by the 27.20 superintendent of the bureau of criminal apprehension, an agency 27.21 or person furnishing information under this section must utilize 27.22 a nationally recognized system or standard approved by the 27.23 Federal Bureau of Investigation for reporting statistics and 27.24 information. The division shall have the power to inspect and 27.25 prescribe the form and substance of the records kept by those 27.26 officials from which the information is so furnished. 27.27 [EFFECTIVE DATE.] This section is effective August 1, 2003. 27.28 Sec. 7. Minnesota Statutes 2002, section 299C.10, 27.29 subdivision 4, is amended to read: 27.30 Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT; 27.31 APPROPRIATION.] The superintendent shall collect a fee in an 27.32 amount to cover the expense for each background check provided 27.33 for a purpose not directly related to the criminal justice 27.34 system or required by section 624.7131, 624.7132, or 624.714. 27.35 The proceeds of the fee must be deposited in a special account. 27.36 Money in the account is annually appropriated to the 28.1 commissioner to maintain and improve the quality of the criminal 28.2 record system in Minnesota. The superintendent shall collect an 28.3 additional handling fee of $7 for FBI background fingerprint 28.4 checks. 28.5 [EFFECTIVE DATE.] This section is effective July 1, 2003. 28.6 Sec. 8. Minnesota Statutes 2002, section 299C.10, is 28.7 amended by adding a subdivision to read: 28.8 Subd. 5. [FEE FOR TAKING FINGERPRINTS; ACCOUNT 28.9 APPROPRIATION.] The superintendent may charge a fee of $10 to 28.10 take fingerprints for the public when required by an employer or 28.11 government entity for either employment or licensing. No fee 28.12 will be charged when there is a question whether the person is 28.13 the subject of a criminal history record. The proceeds of the 28.14 fee must be deposited in an account in the special revenue 28.15 fund. Money in the account is annually appropriated to the 28.16 commissioner to maintain and improve the quality of the criminal 28.17 record system in Minnesota. 28.18 [EFFECTIVE DATE.] This section is effective July 1, 2003. 28.19 Sec. 9. Minnesota Statutes 2002, section 299C.48, is 28.20 amended to read: 28.21 299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING 28.22 APPROPRIATION.] 28.23 (a) An agency authorized under section 299C.46, subdivision 28.24 3, may connect with and participate in the criminal justice data 28.25 communications network upon approval of the commissioner of 28.26 public safety; provided, that the agency shall first agree to 28.27 pay installation charges as may be necessary for connection and 28.28 monthly operational charges as may be established by the 28.29 commissioner of public safety. Before participation by a 28.30 criminal justice agency may be approved, the agency must have 28.31 executed an agreement with the commissioner providing for 28.32 security of network facilities and restrictions on access to 28.33 data supplied to and received through the network. 28.34 (b) In addition to any fee otherwise authorized, the 28.35 commissioner of public safety shall impose a fee for providing 28.36 secure dial-up or Internet access for criminal justice agencies 29.1 and noncriminal justice agencies. The following monthly fees 29.2 apply: 29.3 (1) criminal justice agency accessing via Internet, $15; 29.4 (2) criminal justice agency accessing via dial-up, $35; 29.5 (3) noncriminal justice agency accessing via Internet, $35; 29.6 and 29.7 (4) noncriminal justice agency accessing via dial-up, $35. 29.8 (c) The installation and monthly operational charges 29.9 collected by the commissioner of public safety under paragraph29.10 paragraphs (a) and (b) are annually appropriated to the 29.11 commissioner to administer sections 299C.46 to 299C.50. 29.12 [EFFECTIVE DATE.] This section is effective July 1, 2003. 29.13 Sec. 10. Minnesota Statutes 2002, section 299F.46, 29.14 subdivision 1, is amended to read: 29.15 Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the 29.16 duty of the commissioner of public safety to inspect, or cause 29.17 to be inspected, at least once every three years, every hotel in 29.18 this state; and, for that purpose, the commissioner, or the 29.19 commissioner's deputies, or designated alternates or agents 29.20 shall have the right to enter or have access thereto at any 29.21 reasonable hour; and, when, upon such inspection, it shall be 29.22 found that the hotel so inspected does not conform to or is not 29.23 being operated in accordance with the provisions of sections 29.24 157.011 and 157.15 to 157.22, in so far as the same relate to 29.25 fire prevention or fire protection of hotels, or the rules 29.26 promulgated thereunder, or is being maintained or operated in 29.27 such manner as to violate the Uniform Fire CodeMinnesota State 29.28 Fire Code promulgated pursuant to section 299F.011 or any other 29.29 law of this state relating to fire prevention and fire 29.30 protection of hotels, the commissioner and the deputies or 29.31 designated alternates or agents shall report such a situation to 29.32 the hotel inspector who shall proceed as provided for in chapter 29.33 157. 29.34 (b) The word "hotel", as used in this subdivision, has the 29.35 meaning given in section 299F.391. 29.36 [EFFECTIVE DATE.] This section is effective July 1, 2003. 30.1 Sec. 11. Minnesota Statutes 2002, section 299F.46, is 30.2 amended by adding a subdivision to read: 30.3 Subd. 3. [INSPECTION FEES.] (a) For each hotel required to 30.4 have a fire inspection according to subdivision 1, the 30.5 commissioner of public safety may charge each hotel a triennial 30.6 inspection fee of $435 and a per room charge of $5 for one to 18 30.7 units; $6 for 19 to 35 units; $7 for 36 to 100 units, and $8 for 30.8 100 or more units. The fee includes one follow-up inspection. 30.9 The commissioner shall charge each resort a triennial inspection 30.10 fee of $435 and a per room charge of $5 for one to 10 units; $6 30.11 for 11 to 25 units; and $7 for 26 or more units. 30.12 The commissioner shall charge a fee of $225 for each 30.13 additional follow-up inspection for hotels and resorts, 30.14 conducted in each three-year cycle that is necessary to bring 30.15 the hotel or resort into compliance with the state fire code. 30.16 (b) Nothing in this subdivision prevents the designated 30.17 agent from continuing to charge an inspection fee or from 30.18 establishing a new inspection fee. 30.19 (c) Hotels and motels with fewer than 35 rooms and resorts 30.20 classified as 1c under section 273.13 are exempt from the fee 30.21 requirements of this subdivision. 30.22 [EFFECTIVE DATE.] This section is effective July 1, 2003. 30.23 Sec. 12. Minnesota Statutes 2002, section 299F.46, is 30.24 amended by adding a subdivision to read: 30.25 Subd. 4. [SPECIAL ACCOUNT.] Money received by the state 30.26 fire marshal division for this program must be deposited in the 30.27 state treasury and credited to a state fire marshal hotel 30.28 inspection dedicated account in the special revenue fund. All 30.29 money in the state fire marshal hotel inspection dedicated 30.30 account is annually appropriated to the commissioner of public 30.31 safety to operate and administer this program. 30.32 [EFFECTIVE DATE.] This section is effective July 1, 2003. 30.33 Sec. 13. [299F.47] [PUBLIC SCHOOL INSPECTIONS.] 30.34 Subdivision 1. [INSPECTION REQUIRED.] The state fire 30.35 marshal shall develop a plan to inspect once every three years 30.36 every public school facility used for educational purposes. The 31.1 state fire marshal shall charge school districts $0.014 per 31.2 square foot for each school building inspected. These rates 31.3 shall include two follow-up inspections or on-site 31.4 consultations. If additional follow-up inspections or 31.5 consultations are needed, the state fire marshal shall charge 31.6 $0.005 per square foot for each additional follow-up inspection 31.7 to each applicable building in which a follow-up inspection is 31.8 needed. 31.9 Subd. 2. [CHARTER SCHOOLS.] The state fire marshal shall 31.10 charge charter schools $100 for each school building inspected. 31.11 This rate shall include two follow-up inspections or on-site 31.12 consultations. If additional follow-up inspections or 31.13 consultations are needed, the state fire marshal shall charge 31.14 $50 for each additional follow-up inspection to each applicable 31.15 building in which a follow-up inspection is needed. 31.16 Subd. 3. [SPECIAL ACCOUNT.] Money received by the state 31.17 fire marshal division for this program must be deposited in the 31.18 state treasury and credited to a state fire marshal school 31.19 inspection dedicated account in the special revenue fund. All 31.20 money in the state fire marshal school inspection account is 31.21 annually appropriated to the commissioner of public safety for 31.22 purposes of operating and administering this program. 31.23 Subd. 4. [LOCAL INSPECTIONS.] If inspections of public 31.24 school buildings and charter schools were conducted by local 31.25 units of government between January 1, 1987, and January 1, 31.26 1990, then inspections may continue to be provided by the local 31.27 unit of government. 31.28 Subd. 5. [VARIANCE.] Notwithstanding section 299F.011, 31.29 subdivisions 5a and 5b, a variance from the code must be 31.30 approved by the state fire marshal before taking effect. 31.31 [EFFECTIVE DATE.] This section is effective July 1, 2003. 31.32 Sec. 14. Minnesota Statutes 2002, section 299M.01, is 31.33 amended by adding a subdivision to read: 31.34 Subd. 8a. [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 31.35 CONTRACTOR.] "Multipurpose potable water piping system 31.36 contractor" means a person who contracts to sell, design, 32.1 install, modify, or inspect a multipurpose potable water piping 32.2 system, its parts, or related equipment. 32.3 [EFFECTIVE DATE.] This section is effective July 1, 2004. 32.4 Sec. 15. Minnesota Statutes 2002, section 299M.01, is 32.5 amended by adding a subdivision to read: 32.6 Subd. 8b. [MULTIPURPOSE POTABLE WATER PIPING 32.7 SYSTEM.] "Multipurpose potable water piping system" means a 32.8 potable water piping system that is intended to serve both 32.9 domestic and fire protection needs throughout a one- or 32.10 two-family dwelling unit. No person may install a multipurpose 32.11 potable water piping system unless that person is licensed 32.12 pursuant to section 326.40 and is certified pursuant to section 32.13 299M.03. 32.14 [EFFECTIVE DATE.] This section is effective July 1, 2004. 32.15 Sec. 16. Minnesota Statutes 2002, section 299M.01, is 32.16 amended by adding a subdivision to read: 32.17 Subd. 8c. [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 32.18 INSTALLER.] "Multipurpose potable water piping system installer" 32.19 means a person who is certified as competent to engage in 32.20 installing, connecting, altering, repairing, or adding to a 32.21 residential multipurpose potable water piping system in a one- 32.22 or two-family dwelling unit. 32.23 [EFFECTIVE DATE.] This section is effective July 1, 2004. 32.24 Sec. 17. Minnesota Statutes 2002, section 299M.03, is 32.25 amended by adding a subdivision to read: 32.26 Subd. 1a. [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 32.27 CONTRACTOR LICENSE.] Except for residential installations by the 32.28 owner-occupant of a one- or two-family dwelling, a person may 32.29 not sell, design, install, modify, or inspect a multipurpose 32.30 potable water piping system, its parts, or related equipment, or 32.31 offer to do so, unless annually licensed to perform these duties 32.32 as a multipurpose potable water piping system contractor. No 32.33 license is required under this section for a person licensed as 32.34 a professional engineer under section 326.03 who is competent in 32.35 fire protection system design. 32.36 [EFFECTIVE DATE.] This section is effective July 1, 2004. 33.1 Sec. 18. Minnesota Statutes 2002, section 299M.03, is 33.2 amended by adding a subdivision to read: 33.3 Subd. 3. [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 33.4 INSTALLER CERTIFICATE.] Except for residential installations by 33.5 the owner-occupant of a one- or two-family dwelling, a person 33.6 may not install, connect, alter, repair, or add to a 33.7 multipurpose potable water piping system, unless annually 33.8 certified to perform these duties as a multipurpose potable 33.9 water piping system installer. A multipurpose potable water 33.10 piping system installer certificate only allows the certificate 33.11 holder to work on one- and two-family residential units. 33.12 [EFFECTIVE DATE.] This section is effective July 1, 2004. 33.13 Sec. 19. Minnesota Statutes 2002, section 299M.03, is 33.14 amended by adding a subdivision to read: 33.15 Subd. 4. [CERTIFICATION FEE; ANNUAL APPROPRIATION.] The 33.16 state fire marshal shall charge $55 to conduct and administer 33.17 the journeyman sprinkler fitter certification process. Money 33.18 received by the state fire marshal division for the 33.19 administration of this program must be deposited in the state 33.20 treasury and credited to a state fire marshal dedicated account 33.21 in the special revenue fund. All money in the state fire 33.22 marshal account is annually appropriated to the commissioner of 33.23 public safety to administer this program. 33.24 [EFFECTIVE DATE.] This section is effective July 1, 2003. 33.25 Sec. 20. Minnesota Statutes 2002, section 299M.04, is 33.26 amended to read: 33.27 299M.04 [RULES, FEES, ORDERS, PENALTIES.] 33.28 The commissioner shall adopt permanent rules for operation 33.29 of the council; regulation by municipalities; qualifications, 33.30 examination, and licensing of fire protection contractors; 33.31 licensing of multipurpose potable water piping system 33.32 contractors; certification of multipurpose potable water piping 33.33 system installers; certification of journeyman sprinkler 33.34 fitters; registration of apprentices; and the administration and 33.35 enforcement of this chapter. Permit fees must be a percentage 33.36 of the total cost of the fire protection work. 34.1 The commissioner may issue a cease and desist order to 34.2 cease an activity considered an immediate risk to public health 34.3 or public safety. The commissioner shall adopt permanent rules 34.4 governing when an order may be issued; how long the order is 34.5 effective; notice requirements; and other procedures and 34.6 requirements necessary to implement, administer, and enforce the 34.7 provisions of this chapter. 34.8 The commissioner, in place of or in addition to licensing 34.9 sanctions allowed under this chapter, may impose a civil penalty 34.10 not greater than $1,000 for each violation of this chapter or 34.11 rule adopted under this chapter, for each day of violation. The 34.12 commissioner shall adopt permanent rules governing and 34.13 establishing procedures for implementation, administration, and 34.14 enforcement of this paragraph. 34.15 [EFFECTIVE DATE.] This section is effective July 1, 2004. 34.16 Sec. 21. Minnesota Statutes 2002, section 299M.11, 34.17 subdivision 1, is amended to read: 34.18 Subdivision 1. [LICENSING FEE.] A person required to be 34.19 licensed under section 299M.03, subdivision 1 or 1a, shall, 34.20 before receipt of the license and before causing fire 34.21 protection-related work or multipurpose potable water piping 34.22 system work to be performed, pay the commissioner an annual 34.23 license fee. 34.24 [EFFECTIVE DATE.] This section is effective July 1, 2004. 34.25 Sec. 22. Minnesota Statutes 2002, section 299M.11, 34.26 subdivision 2, is amended to read: 34.27 Subd. 2. [CERTIFICATION FEE.] Employees required to be 34.28 certified under section 299M.03, subdivision 2 or 3, shall, 34.29 before performing fire protection-related work or multipurpose 34.30 potable water piping system work, pay the commissioner an annual 34.31 certification fee. 34.32 [EFFECTIVE DATE.] This section is effective July 1, 2004. 34.33 Sec. 23. Minnesota Statutes 2002, section 340A.301, is 34.34 amended by adding a subdivision to read: 34.35 Subd. 6a. [PERMITS AND FEES.] Any person engaged in the 34.36 purchase, sale, or use for any purpose other than personal 35.1 consumption of intoxicating alcoholic beverages or ethyl alcohol 35.2 shall obtain the appropriate regulatory permit and 35.3 identification card from the commissioner as provided in this 35.4 subdivision. The fee for each permit, other than one issued to 35.5 a state or federal agency, is $35 and must be submitted together 35.6 with the appropriate application form provided by the 35.7 commissioner. Identification cards and permits must be issued 35.8 for a period coinciding with that of the appropriate state or 35.9 municipal license and are not transferable. In instances where 35.10 there is no annual license period, cards and permits expire one 35.11 year after the date of issuance. The authority to engage in the 35.12 purchase, sale, or use granted by the card or permit may be 35.13 revoked by the commissioner upon evidence of a violation by the 35.14 holder of such a card or permit of any of the provisions of 35.15 chapter 340A or any rule of the commissioner made pursuant to 35.16 law. 35.17 [EFFECTIVE DATE.] This section is effective July 1, 2003. 35.18 Sec. 24. Minnesota Statutes 2002, section 609.119, is 35.19 amended to read: 35.20 609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR 35.21 DNA TESTING.] 35.22 (a) From July 1, 20022003, to June 30, 20032005, The 35.23 court shall order an offender to provide a biological specimen 35.24 for the purpose of future DNA analysis as described in section 35.25 299C.155 when: 35.26 (1) the court sentences a person charged with committing or 35.27 attempting to commit a felony offense not described in section 35.28 609.117, subdivision 1, and the person is convicted of that 35.29 offense or of any felony offense arising out of the same set of 35.30 circumstances; or 35.31 (2) the juvenile court adjudicates a person a delinquent 35.32 child who is petitioned for committing or attempting to commit a 35.33 felony offense not described in section 609.117, subdivision 1, 35.34 and is adjudicated delinquent for that offense or any 35.35 felony-level offense arising out of the same set of 35.36 circumstances. 36.1 The biological specimen shall be maintained by the bureau of 36.2 criminal apprehension as provided in section 299C.155. 36.3 (b) From July 1, 20022003, to June 30, 20032005, the 36.4 commissioner of corrections or local corrections authority shall 36.5 order a person to provide a biological specimen for the purpose 36.6 of future DNA analysis as described in section 299C.155 before 36.7 completion of the person's term of imprisonment when the person 36.8 has not provided a biological specimen for the purpose of DNA 36.9 analysis, and the person: 36.10 (1) was initially charged with committing or attempting to 36.11 commit a felony offense not described in section 609.117, 36.12 subdivision 1, and was convicted of that offense or of any 36.13 felony offense arising out of the same set of circumstances; or 36.14 (2) is serving a term of imprisonment in this state under a 36.15 reciprocal agreement although convicted in another state of 36.16 committing or attempting to commit a felony offense not 36.17 described in section 609.117, subdivision 1, or of any felony 36.18 offense arising out of the same set of circumstances if the 36.19 person was initially charged with committing or attempting to 36.20 commit a felony offense not described in section 609.117, 36.21 subdivision 1. 36.22 The commissioner of corrections or local corrections authority 36.23 shall forward the sample to the bureau of criminal apprehension. 36.24 (c) From July 1, 20022003, to June 30, 20032005, when the 36.25 state accepts an offender from another state under the 36.26 interstate compact authorized by section 243.16 or 243.1605, the 36.27 acceptance is conditional on the offender providing a biological 36.28 specimen for the purposes of future DNA analysis as described in 36.29 section 299C.155, if the offender was initially charged with 36.30 committing or attempting to commit a felony offense not 36.31 described in section 609.117, subdivision 1, and was convicted 36.32 of that offense or of any felony offense arising out of the same 36.33 set of circumstances. The specimen must be provided under 36.34 supervision of staff from the department of corrections or a 36.35 Community Corrections Act county within 15 business days after 36.36 the offender reports to the supervising agent. The cost of 37.1 obtaining the biological specimen is the responsibility of the 37.2 agency providing supervision. 37.3 [EFFECTIVE DATE.] This section is effective July 1, 2003 37.4 and applies to offenders sentenced, released from incarceration, 37.5 or accepted for supervision on or after that date. 37.6 Sec. 25. Minnesota Statutes 2002, section 609.5312, 37.7 subdivision 3, is amended to read: 37.8 Subd. 3. [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 37.9 (a) A motor vehicle is subject to forfeiture under this 37.10 subdivision if it was used to commit or facilitate, or used 37.11 during the commission of, a violation of section 609.324 or a 37.12 violation of a local ordinance substantially similar to section 37.13 609.324. A motor vehicle is subject to forfeiture under this 37.14 subdivision only if the offense is established by proof of a 37.15 criminal conviction for the offense. Except as otherwise 37.16 provided in this subdivision, a forfeiture under this 37.17 subdivision is governed by sections 609.531, 609.5312, and 37.18 609.5313. 37.19 (b) When a motor vehicle subject to forfeiture under this 37.20 subdivision is seized in advance of a judicial forfeiture order, 37.21 a hearing before a judge or referee must be held within 96 hours 37.22 of the seizure. Notice of the hearing must be given to the 37.23 registered owner within 48 hours of the seizure. The 37.24 prosecuting authority shall certify to the court, at or in 37.25 advance of the hearing, that it has filed or intends to file 37.26 charges against the alleged violator for violating section 37.27 609.324 or a local ordinance substantially similar to section 37.28 609.324. After conducting the hearing, the court shall order 37.29 that the motor vehicle be returned to the owner if: 37.30 (1) the prosecutor has failed to make the certification 37.31 required by paragraph (b); 37.32 (2) the owner of the motor vehicle has demonstrated to the 37.33 court's satisfaction that the owner has a defense to the 37.34 forfeiture, including but not limited to the defenses contained 37.35 in subdivision 2; or 37.36 (3) the court determines that seizure of the vehicle 38.1 creates or would create an undue hardship for members of the 38.2 owner's family. 38.3 (c) If the defendant is acquitted or prostitution charges 38.4 against the defendant are dismissed, neither the owner nor the 38.5 defendant is responsible for paying any costs associated with 38.6 the seizure or storage of the vehicle. 38.7 (d) A vehicle leased or rented under section 168.27, 38.8 subdivision 4, for a period of 180 days or less is not subject 38.9 to forfeiture under this subdivision. 38.10 (e) For purposes of this subdivision, seizure occurs either: 38.11 (1) at the date at which personal service of process upon 38.12 the registered owner is made; or 38.13 (2) at the date when the registered owner has been notified 38.14 by certified mail at the address listed in the Minnesota 38.15 Department of Public Safety computerized motor vehicle 38.16 registration records. 38.17 [EFFECTIVE DATE.] This section is effective August 1, 2003, 38.18 and applies to crimes committed on or after that date. 38.19 Sec. 26. Minnesota Statutes 2002, section 609.5312, 38.20 subdivision 4, is amended to read: 38.21 Subd. 4. [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 38.22 (a) A motor vehicle is subject to forfeiture under this 38.23 subdivision if it was used to commit a violation of section 38.24 609.487 and endanger life or property. A motor vehicle is 38.25 subject to forfeiture under this subdivision only if the offense 38.26 is established by proof of a criminal conviction for the 38.27 offense. Except as otherwise provided in this subdivision, a 38.28 forfeiture under this subdivision is governed by sections 38.29 609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 38.30 (b) When a motor vehicle subject to forfeiture under this 38.31 subdivision is seized in advance of a judicial forfeiture order, 38.32 a hearing before a judge or referee must be held within 96 hours 38.33 of the seizure. Notice of the hearing must be given to the 38.34 registered owner within 48 hours of the seizure. The 38.35 prosecuting authority shall certify to the court, at or in 38.36 advance of the hearing, that it has filed or intends to file 39.1 charges against the alleged violator for violating section 39.2 609.487. After conducting the hearing, the court shall order 39.3 that the motor vehicle be returned to the owner if: 39.4 (1) the prosecutor has failed to make the certification 39.5 required by this paragraph; 39.6 (2) the owner of the motor vehicle has demonstrated to the 39.7 court's satisfaction that the owner has a defense to the 39.8 forfeiture, including but not limited to the defenses contained 39.9 in subdivision 2; or 39.10 (3) the court determines that seizure of the vehicle 39.11 creates or would create an undue hardship for members of the 39.12 owner's family. 39.13 (c) If the defendant is acquitted or the charges against 39.14 the defendant are dismissed, neither the owner nor the defendant 39.15 is responsible for paying any costs associated with the seizure 39.16 or storage of the vehicle. 39.17 (d) A vehicle leased or rented under section 168.27, 39.18 subdivision 4, for a period of 180 days or less is not subject 39.19 to forfeiture under this subdivision. 39.20 (e) A motor vehicle that is an off-road recreational 39.21 vehicle as defined in section 169A.03, subdivision 16, or a 39.22 motorboat as defined in section 169A.03, subdivision 13, is not 39.23 subject to paragraph (b). 39.24 (f) For purposes of this subdivision, seizure occurs either: 39.25 (1) at the date at which personal service of process upon 39.26 the registered owner is made; or 39.27 (2) at the date when the registered owner has been notified 39.28 by certified mail at the address listed in the Minnesota 39.29 Department of Public Safety computerized motor vehicle 39.30 registration records. 39.31 [EFFECTIVE DATE.] This section is effective August 1, 2003, 39.32 and applies to crimes committed on or after that date. 39.33 Sec. 27. [609.776] [INTERFERENCE WITH EMERGENCY 39.34 COMMUNICATIONS.] 39.35 Whoever, without prior authorization, broadcasts or 39.36 transmits on, interferes with, blocks, or cross-patches another 40.1 frequency onto a law enforcement, firefighting, emergency 40.2 medical services, emergency radio frequency or channel, any 40.3 assigned or alternate emergency frequency or channel, or an 40.4 official cellular telephone communication of a law enforcement 40.5 agency, a fire department, or emergency medical services 40.6 provider, knowing, or having reason to know that the act creates 40.7 a risk of obstructing, preventing, or misdirecting official law 40.8 enforcement, firefighting, or emergency medical services 40.9 communications, is guilty of a felony and may be sentenced to 40.10 imprisonment for not more than three years or to payment of a 40.11 fine of not more than $10,000, or both. 40.12 [EFFECTIVE DATE.] This section is effective August 1, 2003, 40.13 and applies to crimes committed on or after that date. 40.14 Sec. 28. Minnesota Statutes 2002, section 624.22, 40.15 subdivision 1, is amended to read: 40.16 Subdivision 1. [GENERAL REQUIREMENTS; PERMIT; 40.17 INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not 40.18 prohibit the supervised display of fireworks by a statutory or 40.19 home rule charter city, fair association, amusement park, or 40.20 other organization, except that: 40.21 (1) a fireworks display may be conducted only when 40.22 supervised by an operator certified by the state fire marshal; 40.23 and 40.24 (2) a fireworks display must either be given by a 40.25 municipality or fair association within its own limits, or by 40.26 any other organization, whether public or private, only after a 40.27 permit for the display has first been secured. 40.28 (b) An application for a permit for an outdoor fireworks 40.29 display must be made in writing to the municipal clerk at least 40.30 15 days in advance of the date of the display and must list the 40.31 name of an operator who is certified by the state fire marshal 40.32 and will supervise the display. The application must be 40.33 promptly referred to the chief of the fire department, who shall 40.34 make an investigation to determine whether the operator of the 40.35 display is competent and is certified by the state fire marshal, 40.36 and whether the display is of such a character and is to be so 41.1 located, discharged, or fired that it will not be hazardous to 41.2 property or endanger any person. The fire chief shall report 41.3 the results of this investigation to the clerk. If the fire 41.4 chief reports that the operator is certified, that in the 41.5 chief's opinion the operator is competent, and that the 41.6 fireworks display as planned will conform to the safety 41.7 guidelines of the state fire marshal provided for in 41.8 paragraph (e)(f), the clerk shall issue a permit for the 41.9 display when the applicant pays a permit fee. 41.10 (c) When the supervised outdoor fireworks display for which 41.11 a permit is sought is to be held outside the limits of an 41.12 incorporated municipality, the application must be made to the 41.13 county auditor, and the auditor shall perform duties imposed by 41.14 sections 624.20 to 624.25 upon the clerk of the municipality. 41.15 When an application is made to the auditor, the county sheriff 41.16 shall perform the duties imposed on the fire chief of the 41.17 municipality by sections 624.20 to 624.25. 41.18 (d) An application for an indoor fireworks display permit 41.19 must be made in writing to the state fire marshal by the 41.20 operator of the facility in which the display is to occur at 41.21 least 15 days in advance of the date of any performance, show, 41.22 or event which will include the discharge of fireworks inside a 41.23 building or structure. The application must list the name of an 41.24 operator who is certified by the state fire marshal and will 41.25 supervise the display. The state fire marshal shall make an 41.26 investigation to determine whether the operator of the display 41.27 is competent and is properly certified and whether the display 41.28 is of such a character and is to be so located, discharged, or 41.29 fired that it will not be hazardous to property or endanger any 41.30 person. If the state fire marshal determines that the operator 41.31 is certified and competent, that the indoor fireworks display as 41.32 planned will conform to the safety guidelines provided for in 41.33 paragraph (f), and that adequate notice will be given to inform 41.34 patrons of the indoor fireworks display, the state fire marshal 41.35 shall issue a permit for the display when the applicant pays an 41.36 indoor fireworks fee of $150 and reimburses the fire marshal for 42.1 costs of inspection. Receipts from the indoor fireworks fee and 42.2 inspection reimbursements must be deposited in the general fund 42.3 as a nondedicated receipt. The state fire marshal may issue a 42.4 single permit for multiple indoor fireworks displays when all of 42.5 the displays are to take place at the same venue as part of a 42.6 series of performances by the same performer or group of 42.7 performers. A copy of the application must be promptly conveyed 42.8 to the chief of the local fire department, who shall make 42.9 appropriate preparations to ensure public safety in the vicinity 42.10 of the display. The operator of a facility where an indoor 42.11 fireworks display occurs must provide notice in a prominent 42.12 place as approved by the state fire marshal to inform patrons 42.13 attending a performance when indoor fireworks will be part of 42.14 that performance. The state fire marshal may grant a local fire 42.15 chief the authority to issue permits for indoor fireworks 42.16 displays. Before issuing a permit, a local fire chief must make 42.17 the determinations required in this paragraph. 42.18 (e) After a permit has been granted under either paragraph 42.19 (b) or (d), sales, possession, use and distribution of fireworks 42.20 for a display are lawful for that purpose only. A permit is not 42.21 transferable. 42.22 (e)(f) The state fire marshal shall adopt and disseminate 42.23 to political subdivisions rules establishing guidelines on 42.24 fireworks display safety that are consistent with sections 42.25 624.20 to 624.25 and the most recent editions of the Minnesota 42.26 Uniform Fire Code and the National Fire Protection Association 42.27 Standards, to insure that fireworks displays are given safely. 42.28 In the guidelines, the state fire marshal shall allow political 42.29 subdivisions to exempt the use of relatively safe fireworks for 42.30 theatrical special effects, ceremonial occasions, and other 42.31 limited purposes, as determined by the state fire marshal. 42.32 [EFFECTIVE DATE.] This section is effective the day 42.33 following final enactment. 42.34 Sec. 29. [PILOT PROJECT FOR ENHANCED COMMUNITY POLICING.] 42.35 Subdivision 1. [PILOT PROJECT ESTABLISHED.] The Minnesota 42.36 alternative policing strategies (MAPS) program is hereby 43.1 established for the purpose of enhancing community policing 43.2 efforts throughout the state of Minnesota. 43.3 Subd. 2. [GRANT PROGRAM.] The commissioner of public 43.4 safety shall make grants to up to six law enforcement agencies, 43.5 consisting of no more than two urban, two suburban, and two 43.6 rural law enforcement agencies, based upon applications 43.7 submitted by law enforcement agencies explaining how they will 43.8 use the grants for enhanced community policing initiatives. 43.9 Subd. 3. [ELIGIBILITY FOR GRANT PROGRAM.] (a) To be 43.10 eligible for a grant under this program, the law enforcement 43.11 agency must be located in an area with a high crime rate and 43.12 gang, drug, or prostitution activity. The agency also must: 43.13 (1) provide a detailed plan for how the agency will use the 43.14 grant to promote education and awareness in the community about 43.15 law enforcement's activities, including providing education and 43.16 training for both peace officers and the community on community 43.17 policing initiatives; 43.18 (2) agree to use a portion of the funding to hire 43.19 additional peace officers; 43.20 (3) agree to assign designated peace officers for a period 43.21 of at least one year to work exclusively in the area where the 43.22 enhanced community policing efforts will take place; 43.23 (4) provide a plan for holding community meetings at least 43.24 monthly with law enforcement, including the designated peace 43.25 officers, prosecuting authorities, judges with jurisdiction in 43.26 the area, and community members to further law enforcement 43.27 outreach efforts; and 43.28 (5) agree to implement a system in which the designated 43.29 peace officers will be responsible for as many emergency 911 43.30 calls in their area as reasonably possible, while relieving 43.31 these officers from responsibility for answering emergency 911 43.32 calls in other areas absent extremely urgent circumstances. 43.33 (b) A law enforcement agency receiving funding under 43.34 Minnesota Statutes, section 299A.62, the community-oriented 43.35 policing (COPS) program, is eligible to compete for a grant 43.36 under this section. 44.1 Subd. 4. [REPORTS.] (a) Each law enforcement agency 44.2 receiving a grant under this section shall provide a written 44.3 report to the commissioner of public safety describing how the 44.4 grant was used and evaluating the effectiveness of the enhanced 44.5 community policing provided under this grant. Each agency shall 44.6 provide its report by September 30, 2004. 44.7 (b) The commissioner of public safety shall report to the 44.8 chairs and ranking minority leaders of the house and senate 44.9 committees with jurisdiction over criminal justice policy and 44.10 funding on distribution of grants under this section. This 44.11 report also shall summarize the information provided by law 44.12 enforcement agencies under paragraph (a). This report shall be 44.13 provided by December 15, 2004. 44.14 Subd. 5. [ROLE OF DEPARTMENT.] The commissioner shall 44.15 assist applicants seeking federal community oriented policing 44.16 services (COPS) grants under this section. This assistance 44.17 shall include, but is not limited to, pursuing a waiver of the 44.18 local match requirement. 44.19 [EFFECTIVE DATE.] This section is effective July 1, 2003. 44.20 Sec. 30. [HOTEL AND RESORT FIRE SAFETY INSPECTION FEE TASK 44.21 FORCE.] 44.22 The commissioner of public safety shall appoint a task 44.23 force concerning the assessment and administration of hotel and 44.24 resort inspection fees. The task force may look at alternative 44.25 fees and payment options and report back to the chairs of the 44.26 house judiciary committee and the senate state government 44.27 operations committee on any recommendations put forth by the 44.28 task force by January 15, 2004. The task force membership shall 44.29 consist of a representative of the state fire marshal's office, 44.30 a representative of the local fire marshal's, and 44.31 representatives of the hotel, resort, restaurant, and bed and 44.32 breakfast association. 44.33 [EFFECTIVE DATE.] This section is effective July 1, 2003. 44.34 Sec. 31. [APPROPRIATION.] 44.35 $344,000 is appropriated from the general fund in fiscal 44.36 year 2003 to the commissioner of public safety for the purposes 45.1 of this article. This is a onetime appropriation. 45.2 [EFFECTIVE DATE.] This section is effective the day 45.3 following final enactment. 45.4 Sec. 32. [REPEALER.] 45.5 Minnesota Statutes 2002, section 123B.73 is repealed. 45.6 [EFFECTIVE DATE.] This section is effective July 1, 2003. 45.7 ARTICLE 5 45.8 CORRECTIONS POLICY PROVISIONS 45.9 Section 1. Minnesota Statutes 2002, section 15A.0815, 45.10 subdivision 3, is amended to read: 45.11 Subd. 3. [GROUP II SALARY LIMITS.] The salaries for 45.12 positions in this subdivision may not exceed 85 percent of the 45.13 salary of the governor: 45.14 Ombudsman for corrections;45.15 Executive director of gambling control board; 45.16 Commissioner, iron range resources and rehabilitation 45.17 board; 45.18 Commissioner, bureau of mediation services; 45.19 Ombudsman for mental health and retardation; 45.20 Chair, metropolitan council; 45.21 Executive director of pari-mutuel racing; 45.22 Executive director, public employees retirement 45.23 association; 45.24 Commissioner, public utilities commission; 45.25 Executive director, state retirement system; and 45.26 Executive director, teachers retirement association. 45.27 [EFFECTIVE DATE.] This section is effective July 1, 2003. 45.28 Sec. 2. Minnesota Statutes 2002, section 241.016, 45.29 subdivision 1, is amended to read: 45.30 Subdivision 1. [ ANNUALBIENNIAL REPORT.] (a) The 45.31 department of corrections shall submit a performance report to 45.32 the chairs and ranking minority members of the senate and house 45.33 committees and divisions having jurisdiction over criminal 45.34 justice funding by January 15 of each year, 2005, and every 45.35 other year thereafter. The issuance and content of the report 45.36 must include the following: 46.1 (1) department strategic mission, goals, and objectives; 46.2 (2) the department-wide per diem, adult facility-specific 46.3 per diems, and an average per diem, reported in a standard 46.4 calculated method as outlined in the departmental policies and 46.5 procedures; and 46.6 (3) department annual statistics as outlined in the 46.7 departmental policies and procedures. 46.8 (b) The department shall maintain recidivism rates for 46.9 adult facilities on an annual basis. In addition, each year the 46.10 department shall, on an alternating basis, complete a recidivism 46.11 analysis of adult facilities, juvenile services, and the 46.12 community services divisions and include a three-year recidivism 46.13 analysis in the report described in paragraph (a). When 46.14 appropriate, the recidivism analysis must include education 46.15 programs, vocational programs, treatment programs, industry, and 46.16 employment. 46.17 [EFFECTIVE DATE.] This section is effective July 1, 2003. 46.18 Sec. 3. Minnesota Statutes 2002, section 243.48, 46.19 subdivision 1, is amended to read: 46.20 Subdivision 1. [GENERAL SEARCHES.] The commissioner of 46.21 corrections, the governor, lieutenant governor, members of the 46.22 legislature, and state officers , and the corrections ombudsman,46.23 may visit the inmates at pleasure, but no other persons without 46.24 permission of the chief executive officer of the facility, under 46.25 rules prescribed by the commissioner. A moderate fee may be 46.26 required of visitors, other than those allowed to visit at 46.27 pleasure. All fees so collected shall be reported and remitted 46.28 to the state treasurer under rules as the commissioner may deem 46.29 proper, and when so remitted shall be placed to the credit of 46.30 the general fund. 46.31 [EFFECTIVE DATE.] This section is effective July 1, 2003. 46.32 Sec. 4. Minnesota Statutes 2002, section 243.53, 46.33 subdivision 1, is amended to read: 46.34 Subdivision 1. [SEPARATE CELLS.] (a) When there are 46.35 sufficient cells available, each inmate shall be confined in a 46.36 separate cell. Each inmate shall be confined in a separate cell 47.1 in institutions classified by the commissioner as custody level 47.2 five andsix institutions. This requirement does not apply to47.3 the following:47.4 (1) geriatric dormitory-type facilities;47.5 (2) honor dormitory-type facilities; and47.6 (3) any other multiple occupancy facility at a custody47.7 level five or six institution that confines inmates who could be47.8 confined in an institution at custody level four or lower.47.9 (b) Correctional institutions classified by the 47.10 commissioner as custody level one, two, three, or four 47.11 institutions must permit multiple occupancy, except segregation 47.12 units, to the greatest extent possible. 47.13 (c) Correctional institutions classified by the 47.14 commissioner as custody level five must permit multiple 47.15 occupancy not to exceed the limits of facility infrastructure 47.16 and programming space. 47.17 [EFFECTIVE DATE.] This section is effective July 1, 2003. 47.18 Sec. 5. [243.557] [INMATE MEALS.] 47.19 Where inmates in a state correctional facility are not 47.20 routinely absent from the facility for work or other purposes, 47.21 the commissioner must make three meals available Monday through 47.22 Friday, excluding holidays, and at least two meals available on 47.23 Saturdays, Sundays, and holidays. 47.24 [EFFECTIVE DATE.] This section is effective July 1, 2003. 47.25 Sec. 6. [256B.0596] [MENTAL HEALTH CASE MANAGEMENT.] 47.26 Counties shall contract with eligible providers willing to 47.27 provide mental health case management services under section 47.28 256B.0625, subdivision 20. In order to be eligible, in addition 47.29 to general provider requirements under this chapter, the 47.30 provider must: 47.31 (1) be willing to provide the mental health case management 47.32 services; and 47.33 (2) have a minimum of at least one contact with the client 47.34 per week. 47.35 [EFFECTIVE DATE.] This section is effective July 1, 2003. 47.36 Sec. 7. Minnesota Statutes 2002, section 609.105, 48.1 subdivision 1, is amended to read: 48.2 Subdivision 1. In a felony sentence to imprisonment, when 48.3 the remaining term of imprisonment is for more than one year180 48.4 days or less, the defendant shall commit the defendantbe 48.5 committed to the custody of the commissioner of corrections and 48.6 must serve the remaining term of imprisonment at a workhouse, 48.7 work farm, county jail, or other place authorized by law. 48.8 [EFFECTIVE DATE.] This section is effective July 1, 2003. 48.9 Sec. 8. Minnesota Statutes 2002, section 609.105, is 48.10 amended by adding a subdivision to read: 48.11 Subd. 1a. [DEFINITIONS.] (a) The terms in this subdivision 48.12 apply to this section. 48.13 (b) "Remaining term of imprisonment" as applied to inmates 48.14 whose crimes were committed before August 1, 1993, is the period 48.15 of time for which an inmate is committed to the custody of the 48.16 commissioner of corrections minus earned good time and jail 48.17 credit, if any. 48.18 (c) "Remaining term of imprisonment" as applied to inmates 48.19 whose crimes were committed on or after August 1, 1993, is the 48.20 period of time equal to two-thirds of the inmate's executed 48.21 sentence, minus jail credit, if any. 48.22 [EFFECTIVE DATE.] This section is effective July 1, 2003. 48.23 Sec. 9. Minnesota Statutes 2002, section 609.105, is 48.24 amended by adding a subdivision to read: 48.25 Subd. 1b. [SENTENCE TO MORE THAN 180 DAYS.] A felony 48.26 sentence to imprisonment when the warrant of commitment has a 48.27 remaining term of imprisonment for more than 180 days shall 48.28 commit the defendant to the custody of the commissioner of 48.29 corrections. 48.30 [EFFECTIVE DATE.] This section is effective July 1, 2003. 48.31 Sec. 10. [609.1055] [OFFENDERS WITH SERIOUS AND PERSISTENT 48.32 MENTAL ILLNESS; ALTERNATIVE PLACEMENT.] 48.33 When a court intends to commit an offender with a serious 48.34 and persistent mental illness, as defined in section 245.462, 48.35 subdivision 20, paragraph (c), to the custody of the 48.36 commissioner of corrections for imprisonment at a state 49.1 correctional facility, either when initially pronouncing a 49.2 sentence or when revoking an offender's probation, the court, 49.3 when consistent with public safety, may instead place the 49.4 offender on probation or continue the offender's probation and 49.5 require as a condition of the probation that the offender 49.6 successfully complete an appropriate supervised alternative 49.7 living program having a mental health treatment component. This 49.8 section applies only to offenders who would have a remaining 49.9 term of imprisonment after adjusting for credit for prior 49.10 imprisonment, if any, of more than one year. 49.11 [EFFECTIVE DATE.] This section is effective July 1, 2003. 49.12 Sec. 11. Minnesota Statutes 2002, section 609.145, is 49.13 amended by adding a subdivision to read: 49.14 Subd. 3. [CREDIT.] When a person is to be committed to the 49.15 commissioner, the person's probation officer must provide to the 49.16 court, prior to the sentencing hearing, the amount of time the 49.17 person has in credit for prior imprisonment. The court must 49.18 pronounce credit for prior imprisonment at the time of 49.19 sentencing. 49.20 [EFFECTIVE DATE.] This section is effective July 1, 2003. 49.21 Sec. 12. [641.015] [PLACEMENT IN PRIVATE PRISONS 49.22 AUTHORIZED.] 49.23 If there is insufficient capacity in a county jail, the 49.24 county board may authorize the sheriff to contract with private 49.25 prisons for the care, custody, and rehabilitation of offenders 49.26 for whom there is insufficient space. 49.27 [EFFECTIVE DATE.] This section is effective July 1, 2003. 49.28 Sec. 13. Minnesota Statutes 2002, section 641.14, is 49.29 amended to read: 49.30 641.14 [JAILS; SEPARATION OF PRISONERS.] 49.31 The sheriff of each county is responsible for the operation 49.32 and condition of the jail. If construction of the jail permits, 49.33 the sheriff may permit multiple occupancy but the sheriff shall 49.34 maintain strict separation of prisoners to the extent that 49.35 separation is consistent with prisoners' security, safety, 49.36 health, and welfare. The sheriff shall not keep in the same 50.1 room or section of the jail: 50.2 (1) a minor under 18 years old and a prisoner who is 18 50.3 years old or older, unless: 50.4 (i) the minor has been committed to the commissioner of 50.5 corrections under section 609.105; 50.6 (ii) the minor has been referred for adult prosecution and 50.7 the prosecuting authority has filed a notice of intent to 50.8 prosecute the matter for which the minor is being held under 50.9 section 260B.125; or 50.10 (iii) the minor is 16 or 17 years old and has been indicted 50.11 for murder in the first degree; 50.12 (2) a female prisoner and a male prisoner; and 50.13 (3) a minor under 18 years old and an extended jurisdiction 50.14 juvenile 18 years old or older who is alleged to have violated 50.15 the conditions of the stay of execution. 50.16 [EFFECTIVE DATE.] This section is effective July 1, 2003. 50.17 Sec. 14. Minnesota Statutes 2002, section 641.263, is 50.18 amended by adding a subdivision to read: 50.19 Subd. 5. [MULTIPLE OCCUPANCY CELLS.] If construction of 50.20 the jail permits, the board may, by resolution, authorize 50.21 multiple occupancy, but the superintendent must maintain strict 50.22 separation of prisoners to the extent that separation is 50.23 necessary to ensure prisoners' security, safety, health, and 50.24 welfare. 50.25 [EFFECTIVE DATE.] This section is effective July 1, 2003. 50.26 Sec. 15. Minnesota Statutes 2002, section 641.263, is 50.27 amended by adding a subdivision to read: 50.28 Subd. 6. [PLACEMENT IN PRIVATE PRISONS AUTHORIZED.] If 50.29 there is insufficient capacity in a regional jail, the board may 50.30 contract with private prisons for the care, custody, and 50.31 rehabilitation of offenders for whom there is insufficient space. 50.32 [EFFECTIVE DATE.] This section is effective July 1, 2003. 50.33 Sec. 16. [ALTERNATIVE LIVING PROGRAMS FOR CERTAIN 50.34 OFFENDERS WITH MENTAL ILLNESS.] 50.35 The commissioner of corrections shall cooperate with 50.36 nonprofit entities to establish supervised alternative living 51.1 programs for offenders with serious and persistent mental 51.2 illness, as defined in Minnesota Statutes, section 245.462, 51.3 subdivision 20, paragraph (c). Each program must be structured 51.4 to accommodate between eight and 13 offenders who are required 51.5 to successfully complete the program as a condition of probation. 51.6 Each program must provide a residential component and include 51.7 mental health treatment and counseling, living and employment 51.8 skills development, and supported employment. Program directors 51.9 shall report program violations by participating offenders to 51.10 the offender's correctional agent. 51.11 By January 15, 2006, the commissioners of corrections and 51.12 human services shall evaluate the alternative placements 51.13 provided to offenders with mental illness under Minnesota 51.14 Statutes, section 609.1055. The evaluation shall address the 51.15 following issues: number of offenders who obtain and maintain 51.16 employment in the community, number sentenced to prison, costs, 51.17 and other issues deemed appropriate by the commissioners. The 51.18 commissioners shall identify barriers to successful 51.19 implementation and recommend any legislative changes needed. 51.20 The evaluation and other information required under this section 51.21 must be provided to the chairs of the house of representatives 51.22 and senate finance and policy committees having jurisdiction 51.23 over corrections and human services issues by the date specified 51.24 in this section. 51.25 [EFFECTIVE DATE.] This section is effective July 1, 2003. 51.26 Sec. 17. [RULE 36, MINNESOTA RULES, PARTS 9520.0500 TO 51.27 9520.0690, LICENSURE FOR ALTERNATIVE LIVING PROGRAMS FOR CERTAIN 51.28 OFFENDERS WITH MENTAL ILLNESS.] 51.29 The commissioner of human services shall approve additional 51.30 Rule 36 licenses in order to accommodate alternative living 51.31 programs for certain offenders with mental illness if: 51.32 (1) the provider meets applicable licensing standards; and 51.33 (2) additional Rule 36 programs are necessary to meet the 51.34 demand for alternative living programs for certain offenders 51.35 with mental illness. 51.36 [EFFECTIVE DATE.] This section is effective July 1, 2003. 52.1 Sec. 18. [FINANCING FOR RULE 36 PROGRAMS FOR ALTERNATIVE 52.2 LIVING PROGRAMS FOR CERTAIN OFFENDERS WITH MENTAL ILLNESS.] 52.3 Applicants for licensure of a Rule 36 program to provide an 52.4 alternative living program for certain offenders with mental 52.5 illness must be given special consideration and priority from 52.6 the Minnesota housing finance agency, as allowed, in order to 52.7 secure home loans for an alternative living program for certain 52.8 offenders with mental illness. 52.9 [EFFECTIVE DATE.] This section is effective July 1, 2003. 52.10 Sec. 19. [CORRECTIONS OMBUDSMAN DATA.] 52.11 Prior to July 1, 2003, the corrections ombudsman must 52.12 arrange for and cooperate in the transfer or other disposition 52.13 of the ombudsman's data and the government records, as defined 52.14 in Minnesota Statutes, section 138.17, subdivision 1, as 52.15 directed or provided under Minnesota Statutes, sections 138.161 52.16 to 138.25. 52.17 [EFFECTIVE DATE.] This section is effective the day 52.18 following final enactment. 52.19 Sec. 20. [SUNSET.] 52.20 Sections 12 and 15 expire on June 30, 2005. 52.21 Sec. 21. [REPEALER.] 52.22 Laws 2002, chapter 220, article 6, section 6, is repealed. 52.23 Minnesota Statutes 2002, sections 13.855; 241.41; 241.42; 52.24 241.43; 241.44; 241.441; and 241.45, are repealed. 52.25 [EFFECTIVE DATE.] This section is effective July 1, 2003. 52.26 ARTICLE 6 52.27 PROBATION 52.28 Section 1. [244.196] [DEFINITIONS.] 52.29 Subdivision 1. [DEFINITIONS.] As used in sections 244.196 52.30 to 244.199, the following terms have the meanings given them. 52.31 Subd. 2. [PROBATION.] "Probation" has the meaning given in 52.32 section 609.02, subdivision 15. 52.33 Subd. 3. [PROBATION VIOLATION SANCTION.] "Probation 52.34 violation sanction" includes, but is not limited to, electronic 52.35 monitoring, intensive probation, sentencing to service, 52.36 reporting to a day reporting center, chemical dependency or 53.1 mental health treatment or counseling, community work service, 53.2 remote electronic alcohol monitoring, random drug testing, and 53.3 participation in an educational or restorative justice program. 53.4 A probation violation sanction does not include any type of 53.5 custodial sanction, including, but not limited to, detention and 53.6 incarceration. 53.7 Subd. 4. [SANCTIONS CONFERENCE.] "Sanctions conference" 53.8 means a voluntary conference at which the county probation 53.9 officer, offender, and, if appropriate, other interested parties 53.10 meet to discuss the probation violation sanction for the 53.11 offender's technical violation of probation. 53.12 Subd. 5. [SANCTIONS CONFERENCE FORM.] "Sanctions 53.13 conference form" means a form developed by the chief executive 53.14 officer of a local corrections agency with the approval of the 53.15 district court that explains the sanctions conference and the 53.16 offender's option to elect to participate in the sanctions 53.17 conference or to proceed to a judicial hearing. 53.18 Subd. 6. [TECHNICAL VIOLATION.] "Technical violation" 53.19 means any violation of a court order of probation, except an 53.20 allegation of a subsequent criminal act that is alleged in a 53.21 formal complaint, citation, or petition. 53.22 Sec. 2. [244.197] [INITIATION OF SANCTIONS CONFERENCE.] 53.23 Subdivision 1. [AUTHORITY.] Unless the district court 53.24 directs otherwise, a probation agency may use a sanctions 53.25 conference to address an offender's technical violation of 53.26 probation. 53.27 Subd. 2. [NOTICE OF VIOLATION.] When a probation agency 53.28 has reason to believe that an offender has committed a technical 53.29 violation of probation, the agency shall notify the offender in 53.30 writing of the specific nature of the technical violation and 53.31 the scheduling of a sanctions conference, including the date, 53.32 time, and location of the sanctions conference. The notice 53.33 shall also state that if the offender fails to appear at the 53.34 sanctions conference, the probation agency may apprehend and 53.35 detain the offender under section 244.195 and ask the court to 53.36 commence revocation proceedings under section 609.14 and rule 54.1 27.04 of the Rules of Criminal Procedure. To the extent 54.2 feasible, the sanctions conference must take place within seven 54.3 days of mailing of the notice to the offender. 54.4 Subd. 3. [SANCTIONS CONFERENCE.] At the sanctions 54.5 conference, the county probation officer shall provide the 54.6 offender with a copy of a sanctions conference form explaining 54.7 the sanctions conference and the offender's options for 54.8 proceeding. The offender must stipulate, in writing, that the 54.9 offender has received a copy of the sanctions conference form 54.10 and that the offender understands the information contained in 54.11 the form and the options available to the offender. The 54.12 offender also must declare, in writing, the offender's decision 54.13 to either participate in the sanctions conference or proceed 54.14 with a judicial hearing. 54.15 Sec. 3. [244.198] [PARTICIPATION IN SANCTIONS CONFERENCE.] 54.16 Subdivision 1. [ELECTION TO PARTICIPATE.] If the offender 54.17 elects to participate in the sanctions conference, the county 54.18 probation officer shall inform the offender, orally and in 54.19 writing, of the probation violation sanction that the county 54.20 probation officer is recommending for the technical violation of 54.21 probation. The county probation officer shall inform the 54.22 offender that the probation violation sanction becomes effective 54.23 upon confirmation by a judge of the district court. 54.24 Subd. 2. [REPORT TO DISTRICT COURT.] If the offender 54.25 elects to participate in the sanctions conference, the county 54.26 probation officer conducting the sanctions conference shall 54.27 provide a report to the district court containing: 54.28 (1) the specific nature of the technical violation of 54.29 probation; 54.30 (2) the notice provided to the offender of the technical 54.31 violation of probation and the scheduling of the sanctions 54.32 conference; 54.33 (3) a copy of the offender's signed stipulation indicating 54.34 that the offender received a copy of the sanctions conference 54.35 form and understood it; 54.36 (4) a copy of the offender's written declaration to 55.1 participate in the sanctions conference; and 55.2 (5) the recommended probation violation sanction. 55.3 The recommended probation violation sanction becomes effective 55.4 when confirmed by a judge. The order of the court shall be 55.5 proof of such confirmation. 55.6 Subd. 3. [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 55.7 county probation officer's receipt of a confirmed order by the 55.8 judge, the county probation officer shall notify the offender 55.9 and the prosecuting authority in writing that the probation 55.10 violation sanction has been approved by the court. 55.11 (b) If the court does not confirm the recommendation of the 55.12 county probation officer, the probation violation sanction shall 55.13 not go into effect. The county probation officer shall notify 55.14 the offender that the court has not confirmed the sanction. 55.15 (c) If the court does not confirm the recommendation, the 55.16 county probation officer may ask the court to commence 55.17 revocation proceedings under section 609.14. 55.18 Subd. 4. [APPEAL.] An offender may appeal the judge's 55.19 confirmation of the probation violation sanction as provided in 55.20 rule 28.05 of the Rules of Criminal Procedure. 55.21 Sec. 4. [244.199] [ELECTION NOT TO PARTICIPATE.] 55.22 If the offender elects not to participate in the sanctions 55.23 conference, the county probation officer may ask the court to 55.24 initiate revocation proceedings or refer the matter to the 55.25 appropriate prosecuting authority for action under section 55.26 609.14. The county probation officer also may take action to 55.27 apprehend and detain the offender under section 244.195. 55.28 Sec. 5. Minnesota Statutes 2002, section 609.135, 55.29 subdivision 1, is amended to read: 55.30 Subdivision 1. [TERMS AND CONDITIONS.] (a) Except when a 55.31 sentence of life imprisonment is required by law, or when a 55.32 mandatory minimum sentence is required by section 609.11, any 55.33 court may stay imposition or execution of sentence and: 55.34 (1) may order intermediate sanctions without placing the 55.35 defendant on probation; or 55.36 (2) may place the defendant on probation with or without 56.1 supervision and on the terms the court prescribes, including 56.2 intermediate sanctions when practicable. The court may order 56.3 the supervision to be under the probation officer of the court, 56.4 or, if there is none and the conviction is for a felony or gross 56.5 misdemeanor, by the commissioner of corrections, or in any case 56.6 by some other suitable and consenting person. Unless the court 56.7 directs otherwise, state parole and probation agents and 56.8 probation officers may impose community work service for an56.9 offender'sor probation violation sanctions, consistent with 56.10 section 243.05, subdivision 1; 244.19, subdivision 3asections 56.11 244.196 to 244.199; or 401.02, subdivision 5. 56.12 No intermediate sanction may be ordered performed at a 56.13 location that fails to observe applicable requirements or 56.14 standards of chapter 181A or 182, or any rule promulgated under 56.15 them. 56.16 (b) For purposes of this subdivision, subdivision 6, and 56.17 section 609.14, the term "intermediate sanctions" includes but 56.18 is not limited to incarceration in a local jail or workhouse, 56.19 home detention, electronic monitoring, intensive probation, 56.20 sentencing to service, reporting to a day reporting center, 56.21 chemical dependency or mental health treatment or counseling, 56.22 restitution, fines, day-fines, community work service, work 56.23 service in a restorative justice program, work in lieu of or to 56.24 work off fines and, with the victim's consent, work in lieu of 56.25 or to work off restitution. 56.26 (c) A court may not stay the revocation of the driver's 56.27 license of a person convicted of violating the provisions of 56.28 section 169A.20. 56.29 Sec. 6. [SANCTIONS CONFERENCE PROCEDURES.] 56.30 The chief executive officer of a local corrections agency, 56.31 with approval of the district court, shall develop procedures 56.32 for the sanctions conference identified in Minnesota Statutes, 56.33 sections 244.196 to 244.199, and develop a sanctions conference 56.34 form that includes notice to the offender: 56.35 (1) of the specific court-ordered condition of release that 56.36 the offender has allegedly violated, the probation officer's 57.1 authority to ask the court to revoke the offender's probation 57.2 for the technical violation, and the offender's right to elect 57.3 to participate in a sanctions conference to address the 57.4 technical violation in lieu of the probation officer asking the 57.5 court to revoke the offender's probation; 57.6 (2) that participation in the sanctions conference is in 57.7 lieu of a court hearing under Minnesota Statutes, section 57.8 609.14, and that, if the offender elects to participate in the 57.9 sanctions conference, the offender must admit, or agree not to 57.10 contest, the alleged technical violation and must waive the 57.11 right to contest the violation at a judicial hearing, present 57.12 evidence, call witnesses, cross-examine the state's witnesses, 57.13 and be represented by counsel; 57.14 (3) that, if the offender chooses, the offender has a right 57.15 to a hearing before the court under Minnesota Statutes, section 57.16 609.14, for a determination of whether the offender committed 57.17 the alleged violation, including the right to be present at the 57.18 hearing, to cross-examine witnesses, to have witnesses 57.19 subpoenaed for the offender, to have an attorney present or to 57.20 have an attorney appointed if the offender cannot afford one, 57.21 and to require the state to prove the allegations against the 57.22 offender; 57.23 (4) that if, after a hearing, the court finds the 57.24 violations have been proven, the court may continue the 57.25 sentence, subject to the same, modified, or additional 57.26 conditions, or order a sanction that may include incarceration, 57.27 additional fines, revocation of the stay of sentence, imposition 57.28 of sentence, or other sanctions; 57.29 (5) that the decision to participate in the sanctions 57.30 conference will not result in the probation officer recommending 57.31 revocation of the offender's stay of sentence, unless the 57.32 offender fails to successfully complete the probation violation 57.33 sanction; 57.34 (6) that various types of probation violation sanctions may 57.35 be imposed and that the probation violation sanctions imposed on 57.36 the offender will depend on the nature of the technical 58.1 violation, the offender's criminal history, and the offender's 58.2 level of supervision; 58.3 (7) that the probation violation sanctions supplement any 58.4 existing conditions of release; and 58.5 (8) that participation in the sanctions conference requires 58.6 completion of all probation violation sanctions imposed by the 58.7 probation agency, and that failure to successfully complete the 58.8 imposed probation violation sanctions could result in additional 58.9 sanctions or the commencement of revocation proceedings under 58.10 Minnesota Statutes, section 609.14. 58.11 Sec. 7. [REPEALER.] 58.12 Minnesota Statutes 2002, section 244.19, subdivision 3a, is 58.13 repealed. 58.14 Sec. 8. [EFFECTIVE DATE.] 58.15 Sections 1 to 7 are effective August 1, 2003, and apply to 58.16 technical violations of probation that occur on or after that 58.17 date. 58.18 ARTICLE 7 58.19 JUVENILE LAW POLICY 58.20 Section 1. Minnesota Statutes 2002, section 260B.105, 58.21 subdivision 1, is amended to read: 58.22 Subdivision 1. [VENUE.] Except where otherwise provided, 58.23 venue for any proceedings under section 260B.101 shall be in the 58.24 county where the child is found, or the county of the child's 58.25 residence. If delinquency, a juvenile petty offense, or a 58.26 juvenile traffic offense is alleged, proceedings shall be 58.27 brought in the county of residence or the countywhere the 58.28 alleged delinquency , juvenile petty offense,or juvenile traffic 58.29 offense occurred. 58.30 [EFFECTIVE DATE.] This section is effective August 1, 2003, 58.31 and applies to offenses committed on or after that date. 58.32 Sec. 2. Minnesota Statutes 2002, section 260B.105, 58.33 subdivision 2, is amended to read: 58.34 Subd. 2. [TRANSFER.] The judge of the juvenile court may 58.35 transfer any proceedings brought under section 260B.101, to the 58.36 juvenile court of a county having venue as provided in 59.1 subdivision 1 , at any stage of the proceedings andin the 59.2 following manner. When it appears that the best interests of 59.3 the child, society, or the convenience of proceedings will be 59.4 served by a transfer, the court may transfer the case to the 59.5 juvenile court of the county of the child's residence. With the 59.6 consent of the receiving court, the court may also transfer the 59.7 case to the juvenile court of the county where the child is 59.8 found or,. If delinquency, a juvenile petty offense, or a 59.9 juvenile traffic offense is alleged, to the county where the59.10 alleged delinquency, juvenile petty offense, or juvenile traffic59.11 offense occurredthe court shall first hear the case and then 59.12 may transfer the case to the juvenile court of the county of the 59.13 child's residence for disposition after a finding or admission 59.14 of guilt. The court transfers the case by ordering a 59.15 continuance and by forwarding to the court administrator of the 59.16 appropriate juvenile court a certified copy of all papers filed, 59.17 together with an order of transfer. The judge of the receiving59.18 court may accept the findings of the transferring court or may59.19 direct the filing of a new petition or notice under section59.20 260B.007, subdivision 18, or 260B.143 and hear the case anew.59.21 [EFFECTIVE DATE.] This section is effective August 1, 2003, 59.22 and applies to offenses committed on or after that date. 59.23 Sec. 3. Minnesota Statutes 2002, section 260B.143, 59.24 subdivision 1, is amended to read: 59.25 Subdivision 1. [NOTICE.] When a peace officer has probable 59.26 cause to believe that a child: 59.27 (1) is a juvenile petty offender; or 59.28 (2) has committed a delinquent act that would be a petty 59.29 misdemeanor or misdemeanor if committed by an adult, 59.30 the officer may issue a notice to the child to appear in 59.31 juvenile court in the county in which the child is found or in59.32 the county of the child's residence or, in the case of a59.33 juvenile petty offense, or a petty misdemeanor or misdemeanor59.34 delinquent act, the county in which the offense was committedis 59.35 alleged to have committed the offense. The officer shall file a 59.36 copy of the notice to appear with the juvenile court of the 60.1 appropriate county. If a child fails to appear in response to 60.2 the notice, the court may issue a summons notifying the child of 60.3 the nature of the offense alleged and the time and place set for 60.4 the hearing. If the peace officer finds it necessary to take 60.5 the child into custody, sections 260B.175 and 260B.176 shall 60.6 apply. 60.7 [EFFECTIVE DATE.] This section is effective August 1, 2003, 60.8 and applies to offenses committed on or after that date. 60.9 Sec. 4. Minnesota Statutes 2002, section 260C.163, 60.10 subdivision 5, is amended to read: 60.11 Subd. 5. [GUARDIAN AD LITEM.] (a) The court shall appoint 60.12 a guardian ad litem to protect the interests of the minor when 60.13 it appears, at any stage of the proceedings, that the minor is 60.14 without a parent or guardian, or that the minor's parent is a 60.15 minor or incompetent, or that the parent or guardian is 60.16 indifferent or hostile to the minor's interests, and in every 60.17 proceeding alleging a child's need for protection or services 60.18 under section 260C.007, subdivision 6, except proceedings where 60.19 the sole allegation is that the child is a runaway or habitual 60.20 truant. In any other case the court may appoint a guardian ad 60.21 litem to protect the interests of the minor when the court feels 60.22 that such an appointment is desirable. The court shall appoint 60.23 the guardian ad litem on its own motion or in the manner 60.24 provided for the appointment of a guardian ad litem in the 60.25 district court. The court may appoint separate counsel for the 60.26 guardian ad litem if necessary. 60.27 (b) A guardian ad litem shall carry out the following 60.28 responsibilities: 60.29 (1) conduct an independent investigation to determine the 60.30 facts relevant to the situation of the child and the family, 60.31 which must include, unless specifically excluded by the court, 60.32 reviewing relevant documents; meeting with and observing the 60.33 child in the home setting and considering the child's wishes, as 60.34 appropriate; and interviewing parents, caregivers, and others 60.35 with knowledge relevant to the case; 60.36 (2) advocate for the child's best interests by 61.1 participating in appropriate aspects of the case and advocating 61.2 for appropriate community services when necessary; 61.3 (3) maintain the confidentiality of information related to 61.4 a case, with the exception of sharing information as permitted 61.5 by law to promote cooperative solutions that are in the best 61.6 interests of the child; 61.7 (4) monitor the child's best interests throughout the 61.8 judicial proceeding; and 61.9 (5) present written reports on the child's best interests 61.10 that include conclusions and recommendations and the facts upon 61.11 which they are based. 61.12 (c) Except in cases where the child is alleged to have been 61.13 abused or neglected, the court may waive the appointment of a 61.14 guardian ad litem pursuant to clause (a), whenever counsel has 61.15 been appointed pursuant to subdivision 2 or is retained 61.16 otherwise, and the court is satisfied that the interests of the 61.17 minor are protected. 61.18 (d) In appointing a guardian ad litem pursuant to clause 61.19 (a), the court shall not appoint the party, or any agent or 61.20 employee thereof, filing a petition pursuant to section 260C.141. 61.21 (e) The following factors shall be considered when 61.22 appointing a guardian ad litem in a case involving an Indian or 61.23 minority child: 61.24 (1) whether a person is available who is the same racial or 61.25 ethnic heritage as the child or, if that is not possible; 61.26 (2) whether a person is available who knows and appreciates 61.27 the child's racial or ethnic heritage. 61.28 [EFFECTIVE DATE.] This section is effective August 1, 2003, 61.29 and applies to offenses committed on or after that date. 61.30 ARTICLE 8 61.31 CRIMINAL JUSTICE 61.32 Section 1. Minnesota Statutes 2002, section 16A.151, 61.33 subdivision 2, is amended to read: 61.34 Subd. 2. [EXCEPTIONS.] (a) If a state official litigates 61.35 or settles a matter on behalf of specific injured persons or 61.36 entities, this section does not prohibit distribution of money 62.1 to the specific injured persons or entities on whose behalf the 62.2 litigation or settlement efforts were initiated. If money 62.3 recovered on behalf of injured persons or entities cannot 62.4 reasonably be distributed to those persons or entities because 62.5 they cannot readily be located or identified or because the cost 62.6 of distributing the money would outweigh the benefit to the 62.7 persons or entities, the money must be paid into the general 62.8 fund. 62.9 (b) Money recovered on behalf of a fund in the state 62.10 treasury other than the general fund may be deposited in that 62.11 fund. 62.12 (c) This section does not prohibit a state official from 62.13 distributing money to a person or entity other than the state in 62.14 litigation or potential litigation in which the state is a 62.15 defendant or potential defendant. 62.16 (d) State agencies may accept funds as directed by a 62.17 federal court for any restitution or monetary penalty under 62.18 United States Code, title 18, section 3663(a)(3) or United 62.19 States Code, title 18, section 3663A(a)(3). Funds received must 62.20 be deposited in a special revenue account and are appropriated 62.21 to the commissioner of the agency for the purpose as directed by 62.22 the federal court. 62.23 Sec. 2. Minnesota Statutes 2002, section 152.021, 62.24 subdivision 2a, is amended to read: 62.25 Subd. 2a. [MANUFACTURE CRIMES.] (a) Notwithstanding 62.26 subdivision 1, sections 152.022, subdivision 1, 152.023, 62.27 subdivision 1, and 152.024, subdivision 1, a person is guilty of 62.28 controlled substance crime in the first degree if the person 62.29 manufactures any amount of methamphetamine. 62.30 (b) Notwithstanding paragraph (a) and section 609.17, a 62.31 person is guilty of attempted manufacture of methamphetamine if 62.32 the person possesses any chemical reagents or precursors with 62.33 the intent to manufacture methamphetamine. As used in this 62.34 section, "chemical reagents or precursors" refers to one or more 62.35 of the following substances, or their salts, isomers, and salts 62.36 of isomers: 63.1 (1) ephedrine; 63.2 (2) pseudoephedrine; 63.3 (3) phenyl-2-propanone; 63.4 (4) phenylacetone; 63.5 (5) anhydrous ammonia, as defined in section 18C.005, 63.6 subdivision 1a; 63.7 (6) organic solvents; 63.8 (7) hydrochloric acid; 63.9 (8) lithium metal; 63.10 (9) sodium metal; 63.11 (10) ether; 63.12 (11) sulfuric acid; 63.13 (12) red phosphorus; 63.14 (13) iodine; 63.15 (14) sodium hydroxide; 63.16 (15) benzaldehyde; 63.17 (16) benzyl methyl ketone; 63.18 (17) benzyl cyanide; 63.19 (18) nitroethane; 63.20 (19) methylamine; 63.21 (20) phenylacetic acid; 63.22 (21) hydriodic acid; or 63.23 (22) hydriotic acid. 63.24 [EFFECTIVE DATE.] This section is effective for crimes 63.25 committed on or after August 1, 2003. 63.26 Sec. 3. Minnesota Statutes 2002, section 152.021, 63.27 subdivision 3, is amended to read: 63.28 Subd. 3. [PENALTY.] (a) A person convicted under 63.29 subdivisions 1 to 2a, paragraph (a), may be sentenced to 63.30 imprisonment for not more than 30 years or to payment of a fine 63.31 of not more than $1,000,000, or both; a person convicted under 63.32 subdivision 2a, paragraph (b), may be sentenced to imprisonment 63.33 for not more than three years or to payment of a fine of not 63.34 more than $5,000, or both. 63.35 (b) If the conviction is a subsequent controlled substance 63.36 conviction, a person convicted under subdivisions 1 to 2a, 64.1 paragraph (a), shall be committed to the commissioner of 64.2 corrections for not less than four years nor more than 40 years 64.3 and, in addition, may be sentenced to payment of a fine of not 64.4 more than $1,000,000; a person convicted under subdivision 2a, 64.5 paragraph (b), may be sentenced to imprisonment for not more 64.6 than four years or to payment of a fine of not more than $5,000, 64.7 or both. 64.8 (c) In a prosecution under subdivision 1 involving sales by 64.9 the same person in two or more counties within a 90-day period, 64.10 the person may be prosecuted for all of the sales in any county 64.11 in which one of the sales occurred. 64.12 [EFFECTIVE DATE.] This section is effective August 1, 2003, 64.13 and applies to crimes committed on or after that date. 64.14 Sec. 4. Minnesota Statutes 2002, section 243.166, 64.15 subdivision 3, is amended to read: 64.16 Subd. 3. [REGISTRATION PROCEDURE.] (a) A person required 64.17 to register under this section shall register with the 64.18 corrections agent as soon as the agent is assigned to the 64.19 person. If the person does not have an assigned corrections 64.20 agent or is unable to locate the assigned corrections agent, the 64.21 person shall register with the law enforcement agency that has 64.22 jurisdiction in the area of the person's residence. 64.23 (b) At least five days before the person starts living at a 64.24 new primary address, including living in another state, the 64.25 person shall give written notice of the new primary living 64.26 address to the assigned corrections agent or to the law 64.27 enforcement authority with which the person currently is 64.28 registered. If the person will be living in a new state and 64.29 that state has a registration requirement, the person shall also 64.30 give written notice of the new address to the designated 64.31 registration agency in the new state. A person required to 64.32 register under this section shall also give written notice to 64.33 the assigned corrections agent or to the law enforcement 64.34 authority that has jurisdiction in the area of the person's 64.35 residence that the person is no longer living or staying at an 64.36 address, immediately after the person is no longer living or 65.1 staying at that address. The corrections agent or law 65.2 enforcement authority shall, within two business days after 65.3 receipt of this information, forward it to the bureau of 65.4 criminal apprehension. The bureau of criminal apprehension 65.5 shall, if it has not already been done, notify the law 65.6 enforcement authority having primary jurisdiction in the 65.7 community where the person will live of the new address. If the 65.8 person is leaving the state, the bureau of criminal apprehension 65.9 shall notify the registration authority in the new state of the 65.10 new address. If the person's obligation to register arose under 65.11 subdivision 1, paragraph (b), the person's registration 65.12 requirements under this section terminate when the person begins 65.13 living in the new state. 65.14 (c) A person required to register under subdivision 1, 65.15 paragraph (b), because the person is working or attending school 65.16 in Minnesota shall register with the law enforcement agency that 65.17 has jurisdiction in the area where the person works or attends 65.18 school. In addition to other information required by this 65.19 section, the person shall provide the address of the school or 65.20 of the location where the person is employed. A person must 65.21 comply with this paragraph within five days of beginning 65.22 employment or school. A person's obligation to register under 65.23 this paragraph terminates when the person is no longer working 65.24 or attending school in Minnesota. 65.25 (d) A person required to register under this section who 65.26 works or attends school outside of Minnesota shall register as a 65.27 predatory offender in the state where the person works or 65.28 attends school. The person's corrections agent, or if the 65.29 person does not have an assigned corrections agent, the law 65.30 enforcement authority that has jurisdiction in the area of the 65.31 person's residence shall notify the person of this requirement. 65.32 [EFFECTIVE DATE.] Section 4 is effective July 1, 2003, and 65.33 applies to persons released from confinement, sentenced, subject 65.34 to registration, or who commit offenses on or after that date. 65.35 Sec. 5. Minnesota Statutes 2002, section 243.166, 65.36 subdivision 4a, is amended to read: 66.1 Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 66.2 person required to register under this section shall provide to 66.3 the corrections agent or law enforcement authority the following 66.4 information: 66.5 (1) the address of the person's primary residence; 66.6 (2) the addresses of all the person's secondary residences 66.7 in Minnesota, including all addresses used for residential or 66.8 recreational purposes; 66.9 (3) the addresses of all Minnesota property owned, leased, 66.10 or rented by the person; 66.11 (4) the addresses of all locations where the person is 66.12 employed; 66.13 (5) the addresses of all residences where the person 66.14 resides while attending school; and 66.15 (6) the year, model, make, license plate number, and color 66.16 of all motor vehicles owned or regularly driven by the person. 66.17 "Motor vehicle" has the meaning given "vehicle" in section 66.18 169.01, subdivision 2. 66.19 (b) The person shall report to the agent or authority the 66.20 information required to be provided under paragraph (a), clauses 66.21 (2) to (6), within five days of the date the clause becomes 66.22 applicable. If because of a change in circumstances a clause66.23 any information reported under clauses (1) to (6) no longer 66.24 applies to previously reported information, the person shall 66.25 immediately inform the agent or authority that the information 66.26 is no longer valid. 66.27 [EFFECTIVE DATE.] Section 5 is effective July 1, 2003, and 66.28 applies to persons released from confinement, sentenced, subject 66.29 to registration, or who commit offenses on or after that date. 66.30 Sec. 6. Minnesota Statutes 2002, section 357.021, 66.31 subdivision 6, is amended to read: 66.32 Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 66.33 (a) The court shall impose and the court administrator shall 66.34 collect a $35$60 surcharge on every person convicted of any 66.35 felony, gross misdemeanor, misdemeanor, or petty misdemeanor 66.36 offense, other than a violation of a law or ordinance relating 67.1 to vehicle parking, for which there shall be a $3 surcharge. 67.2 The surcharge shall be imposed whether or not the person is 67.3 sentenced to imprisonment or the sentence is stayed. 67.4 (b) If the court fails to impose a surcharge as required by 67.5 this subdivision, the court administrator shall show the 67.6 imposition of the surcharge, collect the surcharge and correct 67.7 the record. 67.8 (c) The court may not waive payment of the surcharge 67.9 required under this subdivision. Upon a showing of indigency or 67.10 undue hardship upon the convicted person or the convicted 67.11 person's immediate family, the sentencing court may authorize 67.12 payment of the surcharge in installments. 67.13 (d) The court administrator or other entity collecting a 67.14 surcharge shall forward it to the state treasurer. 67.15 (e) If the convicted person is sentenced to imprisonment 67.16 and has not paid the surcharge before the term of imprisonment 67.17 begins, the chief executive officer of the correctional facility 67.18 in which the convicted person is incarcerated shall collect the 67.19 surcharge from any earnings the inmate accrues from work 67.20 performed in the facility or while on conditional release. The 67.21 chief executive officer shall forward the amount collected to 67.22 the state treasurer. 67.23 [EFFECTIVE DATE.] This section is effective July 1, 2003, 67.24 and applies to crimes committed on or after that date. 67.25 Sec. 7. Minnesota Statutes 2002, section 357.021, 67.26 subdivision 7, is amended to read: 67.27 Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 67.28 (a) Except as provided in paragraphs (b) and (c), the state 67.29 treasurer shall disburse surcharges received under subdivision 6 67.30 and section 97A.065, subdivision 2, as follows: 67.31 (1) one percent shall be credited to the game and fish fund 67.32 to provide peace officer training for employees of the 67.33 department of natural resources who are licensed under sections 67.34 626.84 to 626.863, and who possess peace officer authority for 67.35 the purpose of enforcing game and fish laws; 67.36 (2) 39 percent shall be credited to the peace officers 68.1 training account in the special revenue fund; and 68.2 (3) 60 percent shall be credited to the general fund. 68.3 (b) The state treasurer shall credit $3 of each surcharge 68.4 received under subdivision 6 and section 97A.065, subdivision 2, 68.5 to a criminal justice special projects account in the special68.6 revenue fund. This account is available for appropriation to68.7 the commissioner of public safety for grants to law enforcement68.8 agencies and for other purposes authorized by the68.9 legislaturethe general fund. 68.10 (c) In addition to any amounts credited under paragraph 68.11 (a), the state treasurer shall credit $7$32 of each surcharge 68.12 received under subdivision 6 and section 97A.065, subdivision 2, 68.13 and the $3 parking surcharge, to the general fund. 68.14 [EFFECTIVE DATE.] This section is effective July 1, 2003. 68.15 Sec. 8. Minnesota Statutes 2002, section 609.2231, is 68.16 amended by adding a subdivision to read: 68.17 Subd. 7. [COMMUNITY CRIME PREVENTION GROUP MEMBERS.] (a) A 68.18 person is guilty of a gross misdemeanor who: 68.19 (1) assaults a community crime prevention group member 68.20 while the member is engaged in neighborhood patrol; 68.21 (2) should reasonably know that the victim is a community 68.22 crime prevention group member engaged in neighborhood patrol; 68.23 and 68.24 (3) inflicts demonstrable bodily harm. 68.25 (b) As used in this subdivision, "community crime 68.26 prevention group" means a community group focused on community 68.27 safety and crime prevention that: 68.28 (1) is organized for the purpose of discussing community 68.29 safety and patrolling community neighborhoods for criminal 68.30 activity; 68.31 (2) is designated and trained by the local law enforcement 68.32 agency as a community crime prevention group; or 68.33 (3) interacts with local law enforcement regarding 68.34 community safety issues. 68.35 [EFFECTIVE DATE.] This section is effective the day 68.36 following final enactment and applies to crimes committed on or 69.1 after that date. 69.2 Sec. 9. Minnesota Statutes 2002, section 609.527, 69.3 subdivision 3, is amended to read: 69.4 Subd. 3. [PENALTIES.] A person who violates subdivision 2 69.5 may be sentenced as follows: 69.6 (1) if the offense involves a single direct victim and the 69.7 total, combined loss to the direct victim and any indirect 69.8 victims is $250 or less, the person may be sentenced as provided 69.9 in section 609.52, subdivision 3, clause (5); 69.10 (2) if the offense involves a single direct victim and the 69.11 total, combined loss to the direct victim and any indirect 69.12 victims is more than $250 but not more than $500, the person may 69.13 be sentenced as provided in section 609.52, subdivision 3, 69.14 clause (4); 69.15 (3) if the offense involves two or three direct victims or 69.16 the total, combined loss to the direct and indirect victims is 69.17 more than $500 but not more than $2,500, the person may be 69.18 sentenced as provided in section 609.52, subdivision 3, clause 69.19 (3); and69.20 (4) if the offense involves four ormore than three but not 69.21 more than seven direct victims, or if the total, combined loss 69.22 to the direct and indirect victims is more than $2,500, the 69.23 person may be sentenced as provided in section 609.52, 69.24 subdivision 3, clause (2); and 69.25 (5) if the offense involves eight or more direct victims, 69.26 or if the total, combined loss to the direct and indirect 69.27 victims is more than $35,000, the person may be sentenced as 69.28 provided in section 609.52, subdivision 3, clause (1). 69.29 [EFFECTIVE DATE.] This section is effective August 1, 2003, 69.30 and applies to crimes committed on or after that date. 69.31 Sec. 10. Minnesota Statutes 2002, section 609.66, 69.32 subdivision 1a, is amended to read: 69.33 Subd. 1a. [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 69.34 DISCHARGE.] (a) Except as otherwise provided in subdivision 1h, 69.35 whoever does any of the following is guilty of a felony and may 69.36 be sentenced as provided in paragraph (b): 70.1 (1) sells or has in possession any device designed to 70.2 silence or muffle the discharge of a firearm; 70.3 (2) intentionally discharges a firearm under circumstances 70.4 that endanger the safety of another; or 70.5 (3) recklessly discharges a firearm within a municipality. 70.6 (b) A person convicted under paragraph (a) may be sentenced 70.7 as follows: 70.8 (1) if the act was a violation of paragraph (a), clause 70.9 (2), or if the act was a violation of paragraph (a), clause (1) 70.10 or (3), and was committed in a public housing zone, as defined 70.11 in section 152.01, subdivision 19, a school zone, as defined in 70.12 section 152.01, subdivision 14a, or a park zone, as defined in 70.13 section 152.01, subdivision 12a, to imprisonment for not more 70.14 than five years or to payment of a fine of not more than 70.15 $10,000, or both; or 70.16 (2) otherwise, to imprisonment for not more than two years 70.17 or to payment of a fine of not more than $5,000, or both. 70.18 [EFFECTIVE DATE.] This section is effective August 1, 2003, 70.19 and applies to crimes committed on or after that date. 70.20 Sec. 11. Minnesota Statutes 2002, section 609.66, is 70.21 amended by adding a subdivision to read: 70.22 Subd. 1h. [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT 70.23 PURPOSES.] Notwithstanding subdivision 1a, paragraph (a), clause 70.24 (1), licensed peace officers may use devices designed to silence 70.25 or muffle the discharge of a firearm for tactical emergency 70.26 response operations. Tactical emergency response operations 70.27 include execution of high risk search and arrest warrants, 70.28 incidents of terrorism, hostage rescue, and any other tactical 70.29 deployments involving high risk circumstances. The chief law 70.30 enforcement officer of a law enforcement agency that has the 70.31 need to use silencing devices must establish and enforce a 70.32 written policy governing the use of the devices. 70.33 [EFFECTIVE DATE.] This section is effective August 1, 2003, 70.34 and applies to crimes committed on or after that date. 70.35 Sec. 12. Minnesota Statutes 2002, section 609.68, is 70.36 amended to read: 71.1 609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 71.2 Whoever unlawfully deposits garbage, rubbish, offal, or the 71.3 body of a dead animal, or other litter in or upon any public 71.4 highway, public waters or the ice thereon, shoreland areas 71.5 adjacent to rivers or streams as defined by section 103F.205, 71.6 public lands, or, without the consent of the owner, private 71.7 lands or water or ice thereon, is guilty of a petty misdemeanor. 71.8 [EFFECTIVE DATE.] This section is effective August 1, 2003, 71.9 and applies to crimes committed on or after that date. 71.10 Sec. 13. Minnesota Statutes 2002, section 609.681, is 71.11 amended to read: 71.12 609.681 [UNLAWFUL SMOKING.] 71.13 A person is guilty of a petty misdemeanor if the person 71.14 intentionally smokes in a building, area, or common carrier in 71.15 which "no smoking" notices have been prominently posted, or when 71.16 requested not to by the operator of the common carrier. 71.17 [EFFECTIVE DATE.] This section is effective August 1, 2003 71.18 and applies to crimes committed on or after that date. 71.19 Sec. 14. Minnesota Statutes 2002, section 609.748, 71.20 subdivision 3, is amended to read: 71.21 Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 71.22 petition for relief must allege facts sufficient to show the 71.23 following: 71.24 (1) the name of the alleged harassment victim; 71.25 (2) the name of the respondent; and 71.26 (3) that the respondent has engaged in harassment. 71.27 The petition shall be accompanied by an affidavit made under 71.28 oath stating the specific facts and circumstances from which 71.29 relief is sought. The court shall provide simplified forms and 71.30 clerical assistance to help with the writing and filing of a 71.31 petition under this section and shall advise the petitioner of 71.32 the right to sue in forma pauperis under section 563.01. The 71.33 court shall advise the petitioner of the right to request a 71.34 hearing. If the petitioner does not request a hearing, the 71.35 court shall advise the petitioner that the respondent may 71.36 request a hearing and that notice of the hearing date and time 72.1 will be provided to the petitioner by mail at least five days 72.2 before the hearing. Upon receipt of the petition and a request 72.3 for a hearing by the petitioner, the court shall order a 72.4 hearing , which must be held not later than 14 days from the date72.5 of the order. Personal service must be made upon the respondent 72.6 not less than five days before the hearing. If personal service 72.7 cannot be completed in time to give the respondent the minimum 72.8 notice required under this paragraph, the court may set a new 72.9 hearing date. Nothing in this section shall be construed as 72.10 requiring a hearing on a matter that has no merit. 72.11 (b) Notwithstanding paragraph (a), the order for a hearing 72.12 and a temporary order issued under subdivision 4 may be served 72.13 on the respondent by means of a one-week published notice under 72.14 section 645.11, if: 72.15 (1) the petitioner files an affidavit with the court 72.16 stating that an attempt at personal service made by a sheriff 72.17 was unsuccessful because the respondent is avoiding service by 72.18 concealment or otherwise; and 72.19 (2) a copy of the petition and order for hearing and any 72.20 temporary restraining order has been mailed to the respondent at 72.21 the respondent's residence or place of business, if the 72.22 respondent is an organization, or the respondent's residence or 72.23 place of business is not known to the petitioner. 72.24 (c) Regardless of the method of service, if the respondent 72.25 is a juvenile, whenever possible, the court also shall have 72.26 notice of the pendency of the case and of the time and place of 72.27 the hearing served by mail at the last known address upon any 72.28 parent or guardian of the juvenile respondent who is not the 72.29 petitioner. 72.30 (d) A request for a hearing under this subdivision must be 72.31 made within 45 days of the filing or receipt of the petition. 72.32 [EFFECTIVE DATE.] This section is effective August 1, 2003, 72.33 and applies to crimes committed on or after that date. 72.34 Sec. 15. Minnesota Statutes 2002, section 609.748, 72.35 subdivision 4, is amended to read: 72.36 Subd. 4. [TEMPORARY RESTRAINING ORDER.] (a) The court may 73.1 issue a temporary restraining order ordering the respondent to 73.2 cease or avoid the harassment of another person or to have no 73.3 contact with that person if the petitioner files a petition in 73.4 compliance with subdivision 3 and if the court finds reasonable 73.5 grounds to believe that the respondent has engaged in 73.6 harassment. When a petition alleges harassment as defined by 73.7 subdivision 1, paragraph (a), clause (1), the petition must 73.8 further allege an immediate and present danger of harassment 73.9 before the court may issue a temporary restraining order under 73.10 this section. 73.11 (b) Notice need not be given to the respondent before the 73.12 court issues a temporary restraining order under this 73.13 subdivision. A copy of the restraining order must be served on 73.14 the respondent along with the order for hearing and petition, as 73.15 provided in subdivision 3. If the respondent is a juvenile, 73.16 whenever possible, a copy of the restraining order, along with 73.17 notice of the pendency of the case and the time and place of the 73.18 hearing, shall also be served by mail at the last known address 73.19 upon any parent or guardian of the juvenile respondent who is 73.20 not the petitioner. A temporary restraining order may be 73.21 entered only against the respondent named in the petition. 73.22 (c) The temporary restraining order is in effect until a 73.23 hearing is held on the issuance of a restraining order under 73.24 subdivision 5. The court shall hold the hearing on the issuance 73.25 of a restraining order within 14 days after the temporary73.26 restraining order is issued unless (1) the time period is73.27 extended upon written consent of the parties; or (2) the time73.28 period is extendedif the petitioner requests a hearing. The 73.29 hearing may be continued by the court for one additional 14-day73.30 periodupon a showing that the respondent has not been served 73.31 with a copy of the temporary restraining order despite the 73.32 exercise of due diligence or if service is made by published 73.33 notice under subdivision 3 and the petitioner files the 73.34 affidavit required under that subdivision. 73.35 (d) If the temporary restraining order has been issued and 73.36 the respondent requests a hearing, the hearing shall be 74.1 scheduled by the court upon receipt of the respondent's 74.2 request. Service of the notice of hearing must be made upon the 74.3 petitioner not less than five days prior to the hearing. The 74.4 court shall serve the notice of the hearing upon the petitioner 74.5 by mail in the manner provided in the rules of civil procedure 74.6 for pleadings subsequent to a complaint and motions and shall 74.7 also mail notice of the date and time of the hearing to the 74.8 respondent. In the event that service cannot be completed in 74.9 time to give the respondent or petitioner the minimum notice 74.10 required under this subdivision, the court may set a new hearing 74.11 date. 74.12 (e) A request for a hearing under this subdivision must be 74.13 made within 45 days after the temporary restraining order is 74.14 issued. 74.15 [EFFECTIVE DATE.] This section is effective August 1, 2003, 74.16 and applies to crimes committed on or after that date. 74.17 Sec. 16. Minnesota Statutes 2002, section 609.748, 74.18 subdivision 5, is amended to read: 74.19 Subd. 5. [RESTRAINING ORDER.] (a) The court may grant a 74.20 restraining order ordering the respondent to cease or avoid the 74.21 harassment of another person or to have no contact with that 74.22 person if all of the following occur: 74.23 (1) the petitioner has filed a petition under subdivision 74.24 3; 74.25 (2) the sheriff has served respondent with a copy of the 74.26 temporary restraining order obtained under subdivision 4, and 74.27 with notice of the time and place of theright to request a 74.28 hearing, or service has been made by publication under 74.29 subdivision 3, paragraph (b); and 74.30 (3) the court finds at the hearing that there are 74.31 reasonable grounds to believe that the respondent has engaged in 74.32 harassment. 74.33 A restraining order may be issued only against the respondent 74.34 named in the petition; except that if the respondent is an 74.35 organization, the order may be issued against and apply to all 74.36 of the members of the organization. Relief granted by the 75.1 restraining order must be for a fixed period of not more than 75.2 two years. When a referee presides at the hearing on the 75.3 petition, the restraining order becomes effective upon the 75.4 referee's signature. 75.5 (b) An order issued under this subdivision must be 75.6 personally served upon the respondent. 75.7 [EFFECTIVE DATE.] This section is effective July 1, 2003. 75.8 Sec. 17. [611A.0392] [NOTICE TO COMMUNITY CRIME PREVENTION 75.9 GROUP.] 75.10 Subdivision 1. [DEFINITIONS.] (a) As used in this section, 75.11 the following terms have the meanings given them. 75.12 (b) "Cities of the first class" has the meaning given in 75.13 section 410.01. 75.14 (c) "Community crime prevention group" means a community 75.15 group focused on community safety and crime prevention that: 75.16 (1) meets regularly for the purpose of discussing community 75.17 safety and patrolling community neighborhoods for criminal 75.18 activity; 75.19 (2) is previously designated by the local law enforcement 75.20 agency as a community crime prevention group; and 75.21 (3) interacts regularly with the police regarding community 75.22 safety issues. 75.23 Subd. 2. [NOTICE.] (a) A law enforcement agency that is 75.24 responsible for arresting individuals who commit crimes within 75.25 cities of the first class shall make reasonable efforts to 75.26 disclose certain information in a timely manner to the 75.27 designated leader of a community crime prevention group that has 75.28 reported criminal activity, excluding petty misdemeanors, to law 75.29 enforcement. The law enforcement agency shall make reasonable 75.30 efforts to disclose information on the final outcome of the 75.31 investigation into the criminal activity including, but not 75.32 limited to, where appropriate, the decision to arrest or not 75.33 arrest the person and whether the matter was referred to a 75.34 prosecuting authority. If the matter is referred to a 75.35 prosecuting authority, the law enforcement agency must notify 75.36 the prosecuting authority of the community crime prevention 76.1 group's request for notice under this subdivision. 76.2 (b) A prosecuting authority who is responsible for filing 76.3 charges against or prosecuting a person arrested for a criminal 76.4 offense in cities of the first class shall make reasonable 76.5 efforts to disclose certain information in a timely manner to 76.6 the designated leader of a community crime prevention group that 76.7 has reported specific criminal activity to law enforcement. The 76.8 prosecuting authority shall make reasonable efforts to disclose 76.9 information on the final outcome of the criminal proceeding that 76.10 resulted from the arrest including, but not limited to, where 76.11 appropriate, the decision to dismiss or not file charges against 76.12 the arrested person. 76.13 (c) A community crime prevention group that would like to 76.14 receive written or Internet notice under this subdivision must 76.15 request the law enforcement agency and the prosecuting authority 76.16 where the specific alleged criminal conduct occurred to provide 76.17 notice to the community crime prevention group leader. The 76.18 community crime prevention group must provide the law 76.19 enforcement agency with the name, address, and telephone number 76.20 of the community crime prevention group leader and the preferred 76.21 method of communication. 76.22 [EFFECTIVE DATE.] This section is effective July 1, 2003, 76.23 and applies to crimes committed on or after that date. 76.24 Sec. 18. [SENTENCING GUIDELINES MODIFICATIONS REQUIRED; 76.25 AGGRAVATING FACTOR; IDENTITY THEFT.] 76.26 By August 1, 2003, the sentencing guidelines commission 76.27 shall modify Minnesota Sentencing Guidelines, section II.D., by 76.28 adding to the list of the aggravating factors that may be used 76.29 as a basis for a sentencing departure, the offender's use of 76.30 another's identity without authorization to commit a crime. 76.31 This aggravating factor may not be used when the use of 76.32 another's identity is an element of the offense. 76.33 [EFFECTIVE DATE.] This section is effective August 1, 2003, 76.34 and applies to crimes committed on or after that date. 76.35 Sec. 19. [REPEALER.] 76.36 Minnesota Statutes 2002, section 152.135, subdivision 4, is 77.1 repealed. 77.2 [EFFECTIVE DATE.] This section is effective August 1, 2003, 77.3 and applies to crimes committed on or after that date. 77.4 ARTICLE 9 77.5 DRIVING WHILE IMPAIRED PROVISIONS 77.6 Section 1. Minnesota Statutes 2002, section 169A.03, 77.7 subdivision 21, is amended to read: 77.8 Subd. 21. [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 77.9 LICENSE.] (a) "Prior impaired driving-related loss of license" 77.10 includes a driver's license suspension, revocation, 77.11 cancellation, denial, or disqualification under: 77.12 (1) section 169A.31 (alcohol-related school bus or Head 77.13 Start bus driving); 169A.50 to 169A.53 (implied consent law); 77.14 169A.54 (impaired driving convictions and adjudications; 77.15 administrative penalties); 171.04 (persons not eligible for 77.16 drivers' licenses); 171.14 (cancellation); 171.16 (court may 77.17 recommend suspension); 171.165 (commercial driver's license, 77.18 disqualification); 171.17 (revocation); or 171.18 (suspension); 77.19 because of an alcohol-related incident; 77.20 (2) section 609.21 (criminal vehicular homicide and injury, 77.21 substance-related offenses), subdivision 1, clauses (2) to (6); 77.22 subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 77.23 to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 77.24 clauses (2) to (6); or subdivision 4, clauses (2) to (6); 77.25 (3) Minnesota Statutes 1998, section 169.121 (driver under 77.26 influence of alcohol or controlled substance); 169.1211 77.27 (alcohol-related driving by commercial vehicle drivers); or 77.28 169.123 (chemical tests for intoxication); or 77.29 (4) an ordinance from this state, or a statute or ordinance 77.30 from another state, in conformity with any provision listed in 77.31 clause (1), (2), or (3). 77.32 (b) "Prior impaired driving-related loss of license" also 77.33 includes the revocation of snowmobile or all-terrain vehicle 77.34 operating privileges under section 84.911 (chemical testing), or 77.35 motorboat operating privileges under section 86B.335 (testing 77.36 for alcohol and controlled substances), for violations that 78.1 occurred on or after August 1, 1994; the revocation of 78.2 snowmobile or all-terrain vehicle operating privileges under 78.3 section 84.91 (operation of snowmobiles and all-terrain vehicles 78.4 by persons under the influence of alcohol or controlled 78.5 substances); or the revocation of motorboat operating privileges 78.6 under section 86B.331 (operation while using alcohol or drugs or 78.7 with a physical or mental disability). 78.8 (c) "Prior impaired driving-related loss of license" does 78.9 not include any license action stemming solely from a violation 78.10 of section 169A.33 (underage drinking and driving), 171.09 78.11 (conditions of a restricted license), or 340A.503 (persons under 78.12 the age of 21, illegal acts). 78.13 [EFFECTIVE DATE.] This section is effective August 1, 2003, 78.14 and applies to violations committed on or after that date. 78.15 Sec. 2. Minnesota Statutes 2002, section 169A.03, is 78.16 amended by adding a subdivision to read: 78.17 Subd. 5a. [CONTROL ANALYSIS.] "Control analysis" means a 78.18 procedure involving a solution that yields a predictable alcohol 78.19 concentration reading. 78.20 [EFFECTIVE DATE.] This section is effective August 1, 2003, 78.21 and applies to violations committed on or after that date. 78.22 Sec. 3. Minnesota Statutes 2002, section 169A.20, 78.23 subdivision 2, is amended to read: 78.24 Subd. 2. [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 78.25 a crime for any person to refuse to submit to a chemical test of 78.26 the person's blood, breath, or urine under section 169A.51 78.27 (chemical tests for intoxication), or 169A.52 (test refusal or 78.28 failure; revocation of license). 78.29 [EFFECTIVE DATE.] This section is effective August 1, 2003, 78.30 and applies to violations committed on or after that date. 78.31 Sec. 4. Minnesota Statutes 2002, section 169A.25, 78.32 subdivision 1, is amended to read: 78.33 Subdivision 1. [DEGREE DESCRIBED.] (a) A person who 78.34 violates section 169A.20, subdivision 1 (driving while 78.35 impaired crime), is guilty of second-degree driving while 78.36 impaired if two or more aggravating factors were present when 79.1 the violation was committed. 79.2 (b) A person who violates section 169A.20, subdivision 2 79.3 (refusal to submit to chemical test crime), is guilty of 79.4 second-degree driving while impaired if one aggravating factor 79.5 was present when the violation was committed. 79.6 [EFFECTIVE DATE.] This section is effective August 1, 2003, 79.7 and applies to violations committed on or after that date. 79.8 Sec. 5. Minnesota Statutes 2002, section 169A.26, 79.9 subdivision 1, is amended to read: 79.10 Subdivision 1. [DEGREE DESCRIBED.] (a) A person who 79.11 violates section 169A.20, subdivision 1 (driving while 79.12 impaired crime), is guilty of third-degree driving while 79.13 impaired if one aggravating factor was present when the 79.14 violation was committed. 79.15 (b) A person who violates section 169A.20, subdivision 2 79.16 (refusal to submit to chemical test crime), is guilty of 79.17 third-degree driving while impaired. 79.18 [EFFECTIVE DATE.] This section is effective August 1, 2003, 79.19 and applies to violations committed on or after that date. 79.20 Sec. 6. Minnesota Statutes 2002, section 169A.27, 79.21 subdivision 1, is amended to read: 79.22 Subdivision 1. [DEGREE DESCRIBED.] A person who violates 79.23 section 169A.20, subdivision 1 (driving while impaired crime), 79.24 is guilty of fourth-degree driving while impaired. 79.25 [EFFECTIVE DATE.] This section is effective August 1, 2003, 79.26 and applies to violations committed on or after that date. 79.27 Sec. 7. Minnesota Statutes 2002, section 169A.275, 79.28 subdivision 3, is amended to read: 79.29 Subd. 3. [FOURTH OFFENSE.] (a) Unless the court commits 79.30 the person to the custody of the commissioner of corrections as 79.31 provided in section 169A.276 (mandatory penalties; felony 79.32 violations), the court shall sentence a person who is convicted 79.33 of a violation of section 169A.20 (driving while impaired) 79.34 within ten years of the first of three qualified prior impaired 79.35 driving incidents to either: 79.36 (1) a minimum of 180 days of incarceration, at least 30 80.1 days of which must be served consecutively in a local 80.2 correctional facility; or80.3 (2) a program of intensive supervision of the type 80.4 described in section 169A.74 (pilot programs of intensive 80.5 probation for repeat DWI offenders) that requires the person to 80.6 consecutively serve at least six days in a local correctional 80.7 facility; or 80.8 (3) a program of staggered sentencing involving a minimum 80.9 of 180 days of incarceration, at least 30 days of which must be 80.10 served consecutively in a local correctional facility. 80.11 (b) The court may order that the person serve not more than 80.12 150 days of the minimum penalty under paragraph (a), clause (1), 80.13 on home detention or in an intensive probation program described 80.14 in section 169A.74. Notwithstanding section 609.135, the 80.15 penalties in this subdivision must be imposed and executed. 80.16 [EFFECTIVE DATE.] This section is effective August 1, 2003, 80.17 and applies to violations committed on or after that date. 80.18 Sec. 8. Minnesota Statutes 2002, section 169A.275, 80.19 subdivision 4, is amended to read: 80.20 Subd. 4. [FIFTH OFFENSE OR MORE.] (a) Unless the court 80.21 commits the person to the custody of the commissioner of 80.22 corrections as provided in section 169A.276 (mandatory 80.23 penalties; felony violations), the court shall sentence a person 80.24 who is convicted of a violation of section 169A.20 (driving 80.25 while impaired) within ten years of the first of four or more 80.26 qualified prior impaired driving incidents to either: 80.27 (1) a minimum of one year of incarceration, at least 60 80.28 days of which must be served consecutively in a local 80.29 correctional facility; or80.30 (2) a program of intensive supervision of the type 80.31 described in section 169A.74 (pilot programs of intensive 80.32 probation for repeat DWI offenders) that requires the person to 80.33 consecutively serve at least six days in a local correctional 80.34 facility; or 80.35 (3) a program of staggered sentencing involving a minimum 80.36 of one year of incarceration, at least 60 days of which must be 81.1 served consecutively in a local correctional facility. 81.2 (b) The court may order that the person serve the remainder 81.3 of the minimum penalty under paragraph (a), clause (1), on 81.4 intensive probation using an electronic monitoring system or, if 81.5 such a system is unavailable, on home detention. 81.6 Notwithstanding section 609.135, the penalties in this 81.7 subdivision must be imposed and executed. 81.8 [EFFECTIVE DATE.] This section is effective August 1, 2003, 81.9 and applies to violations committed on or after that date. 81.10 Sec. 9. Minnesota Statutes 2002, section 169A.275, is 81.11 amended by adding a subdivision to read: 81.12 Subd. 6. [DEFINITIONS.] (a) For purposes of this section, 81.13 the following terms have the meanings given. 81.14 (b) "Staggered sentencing" means a sentencing procedure in 81.15 which the court sentences a person convicted of a gross 81.16 misdemeanor or felony violation of section 169A.20 (driving 81.17 while impaired) to an executed sentence of incarceration in a 81.18 local correctional facility, to be served in equal segments in 81.19 three or more consecutive years. Before reporting for any 81.20 subsequent segment of incarceration after the first segment, the 81.21 offender shall be regularly involved in a structured sobriety 81.22 group and may bring a motion before the court requesting to have 81.23 that segment of incarceration stayed. The motion must be 81.24 brought before the same judge who initially pronounced the 81.25 sentence. Before bringing the motion, the offender shall 81.26 participate for 30 days in a remote electronic 81.27 alcohol-monitoring program under the direction of the person's 81.28 probation agent. It is within the court's discretion to stay 81.29 the second or subsequent segment of remote electronic alcohol 81.30 monitoring or incarceration that has previously been ordered. 81.31 The court shall consider any alcohol-monitoring results and the 81.32 recommendation of the probation agent, together with any other 81.33 factors deemed relevant by the court, in deciding whether to 81.34 modify the sentence by ordering a stay of the next following 81.35 segment of remote electronic alcohol monitoring or incarceration 81.36 that the court had initially ordered to be executed. 82.1 (c) When the court stays a segment of incarceration that it 82.2 has previously ordered to be executed, that portion of the 82.3 sentence must be added to the total number of days the defendant 82.4 is subject to serving in custody if the person subsequently 82.5 violates any of the conditions of that stay of execution. 82.6 (d) A structured sobriety group is an organization that has 82.7 regular meetings focusing on sobriety and includes, but is not 82.8 limited to, Alcoholics Anonymous. 82.9 [EFFECTIVE DATE.] This section is effective August 1, 2003, 82.10 and applies to violations committed on or after that date. 82.11 Sec. 10. Minnesota Statutes 2002, section 169A.40, 82.12 subdivision 3, is amended to read: 82.13 Subd. 3. [ FIRST-DEGREE AND SECOND-DEGREECERTAIN DWI 82.14 OFFENDERS; CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the 82.15 Rules of Criminal Procedure, a peace officer acting without a 82.16 warrant who has decided to proceed with the prosecution of a 82.17 person for violating section 169A.20 (driving while impaired), 82.18 shall arrest and take the person into custody, and the person 82.19 must be detained until the person's first court appearance, if 82.20 the officer has reason to believe that the violation occurred: 82.21 (1) under the circumstances described in section 169A.24 82.22 (first-degree driving while impaired) or 169A.25 (second-degree 82.23 driving while impaired) .; 82.24 (2) under the circumstances described in section 169A.26 82.25 (third-degree driving while impaired) if the person is under the 82.26 age of 19; 82.27 (3) in the presence of an aggravating factor described in 82.28 section 169A.03, subdivision 3, clause (2) or (3); or 82.29 (4) while the person's driver's license or driving 82.30 privileges have been canceled under section 171.04, subdivision 82.31 1, clause (10) (persons not eligible for drivers' licenses, 82.32 inimical to public safety). 82.33 The person shall be detained until the person's first court82.34 appearance.82.35 [EFFECTIVE DATE.] This section is effective August 1, 2003, 82.36 and applies to violations committed on or after that date. 83.1 Sec. 11. Minnesota Statutes 2002, section 169A.44, is 83.2 amended to read: 83.3 169A.44 [CONDITIONAL RELEASE.] 83.4 Subdivision 1. [NONFELONY VIOLATIONS.] (a) This section83.5 subdivision applies to a person charged with :83.6 (1)a nonfelony violation of section 169A.20 (driving while 83.7 impaired) within ten years of the first of two or more prior83.8 impaired driving convictions;83.9 (2) a violation of section 169A.20, if the person is under83.10 the age of 19 years and has previously been convicted of83.11 violating section 169A.20 or Minnesota Statutes 1998, section83.12 169.121 (driver under the influence of alcohol or controlled83.13 substance);83.14 (3) a violation of section 169A.20, while the person's83.15 driver's license or driving privileges have been canceled under83.16 section 171.04, subdivision 1, clause (10) (persons not eligible83.17 for drivers' licenses, inimical to public safety); or83.18 (4) a violation of section 169A.20 by a person having an83.19 alcohol concentration of 0.20 or more as measured at the time,83.20 or within two hours of the time, of the offenseunder 83.21 circumstances described in section 169A.40, subdivision 3 83.22 (certain DWI offenders; custodial arrest). 83.23 (b) Unless maximum bail is imposed under section 629.471, a 83.24 person described in paragraph (a) may be released from detention 83.25 only if the person agrees to: 83.26 (1) abstain from alcohol; and 83.27 (2) submit to a program of electronic alcohol monitoring, 83.28 involving at least daily measurements of the person's alcohol 83.29 concentration, pending resolution of the charge. 83.30 Clause (2) applies only when electronic alcohol-monitoring 83.31 equipment is available to the court. The court shall require 83.32 partial or total reimbursement from the person for the cost of 83.33 the electronic alcohol-monitoring, to the extent the person is 83.34 able to pay. 83.35 (c) Unless maximum bail is imposed under section 629.471,83.36 subdivision 2,84.1 Subd. 2. [FELONY VIOLATIONS.] (a) A person charged with 84.2 violating section 169A.20 within ten years of the first of three 84.3 or more qualified prior impaired driving convictionsincidents 84.4 may be released from detention only if the following conditions 84.5 are imposed in addition to the condition imposed: 84.6 (1) the conditions described in subdivision 1, paragraph 84.7 (b), if applicable , and any other conditions of release ordered84.8 by the court:; 84.9 (1)(2) the impoundment of the registration plates of the 84.10 vehicle used to commit the violation, unless already impounded; 84.11 (2)(3) if the vehicle used to commit the violation was an 84.12 off-road recreational vehicle or a motorboat, the impoundment of 84.13 the off-road recreational vehicle or motorboat; 84.14 (3)(4) a requirement that the person report weekly to a 84.15 probation agent; 84.16 (4)(5) a requirement that the person abstain from 84.17 consumption of alcohol and controlled substances and submit to 84.18 random alcohol tests or urine analyses at least weekly; and 84.19 (5)(6) a requirement that, if convicted, the person 84.20 reimburse the court or county for the total cost of these 84.21 services; and 84.22 (7) any other conditions of release ordered by the court. 84.23 (b) In addition to setting forth conditions of release 84.24 under paragraph (a), if required by court rule, the court shall 84.25 also fix the amount of money bail without other conditions upon 84.26 which the defendant may obtain release. 84.27 [EFFECTIVE DATE.] This section is effective August 1, 2003, 84.28 and applies to violations committed on or after that date. 84.29 Sec. 12. Minnesota Statutes 2002, section 169A.51, 84.30 subdivision 5, is amended to read: 84.31 Subd. 5. [BREATH TEST USING INFRARED BREATH-TESTING 84.32 INSTRUMENT.] (a) In the case of a breath test administered using 84.33 an infrared breath-testing instrument, the test must consist of 84.34 analyses in the following sequence: one adequate breath-sample 84.35 analysis, one calibration standardcontrol analysis, and a 84.36 second, adequate breath-sample analysis. 85.1 (b) In the case of a test administered using an infrared 85.2 breath-testing instrument, a sample is adequate if the 85.3 instrument analyzes the sample and does not indicate the sample 85.4 is deficient. 85.5 (c) For purposes of section 169A.52 (revocation of license 85.6 for test failure or refusal), when a test is administered using 85.7 an infrared breath-testing instrument, failure of a person to 85.8 provide two separate, adequate breath samples in the proper 85.9 sequence constitutes a refusal. 85.10 [EFFECTIVE DATE.] This section is effective August 1, 2003, 85.11 and applies to violations committed on or after that date. 85.12 Sec. 13. Minnesota Statutes 2002, section 169A.53, 85.13 subdivision 3, is amended to read: 85.14 Subd. 3. [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 85.15 review hearing under this section must be before a district 85.16 judge in any county in the judicial district where the alleged 85.17 offense occurred. The hearing is to the court and may be 85.18 conducted at the same time and in the same manner as hearings 85.19 upon pretrial motions in the criminal prosecution under section 85.20 169A.20 (driving while impaired), if any. The hearing must be 85.21 recorded. The commissioner shall appear and be represented by 85.22 the attorney general or through the prosecuting authority for 85.23 the jurisdiction involved. The hearing must be held at the85.24 earliest practicable date, and in any event no later than 6085.25 days following the filing of the petition for review.The 85.26 judicial district administrator shall establish procedures to 85.27 ensure efficient compliance with this subdivision. To 85.28 accomplish this, the administrator may, whenever possible, 85.29 consolidate and transfer review hearings among the locations 85.30 within the judicial district where terms of district court are 85.31 held. 85.32 (b) The scope of the hearing is limited to the issues in 85.33 clauses (1) to (10): 85.34 (1) Did the peace officer have probable cause to believe 85.35 the person was driving, operating, or in physical control of a 85.36 motor vehicle or commercial motor vehicle in violation of 86.1 section 169A.20 (driving while impaired)? 86.2 (2) Was the person lawfully placed under arrest for 86.3 violation of section 169A.20? 86.4 (3) Was the person involved in a motor vehicle accident or 86.5 collision resulting in property damage, personal injury, or 86.6 death? 86.7 (4) Did the person refuse to take a screening test provided 86.8 for by section 169A.41 (preliminary screening test)? 86.9 (5) If the screening test was administered, did the test 86.10 indicate an alcohol concentration of 0.10 or more? 86.11 (6) At the time of the request for the test, did the peace 86.12 officer inform the person of the person's rights and the 86.13 consequences of taking or refusing the test as required by 86.14 section 169A.51, subdivision 2? 86.15 (7) Did the person refuse to permit the test? 86.16 (8) If a test was taken by a person driving, operating, or 86.17 in physical control of a motor vehicle, did the test results 86.18 indicate at the time of testing: 86.19 (i) an alcohol concentration of 0.10 or more; or 86.20 (ii) the presence of a controlled substance listed in 86.21 schedule I or II, other than marijuana or tetrahydrocannabinols? 86.22 (9) If a test was taken by a person driving, operating, or 86.23 in physical control of a commercial motor vehicle, did the test 86.24 results indicate an alcohol concentration of 0.04 or more at the 86.25 time of testing? 86.26 (10) Was the testing method used valid and reliable and 86.27 were the test results accurately evaluated? 86.28 (c) It is an affirmative defense for the petitioner to 86.29 prove that, at the time of the refusal, the petitioner's refusal 86.30 to permit the test was based upon reasonable grounds. 86.31 (d) Certified or otherwise authenticated copies of 86.32 laboratory or medical personnel reports, records, documents, 86.33 licenses, and certificates are admissible as substantive 86.34 evidence. 86.35 (e) The court shall order that the revocation or 86.36 disqualification be either rescinded or sustained and forward 87.1 the order to the commissioner. The court shall file its order87.2 within 14 days following the hearing.If the revocation or 87.3 disqualification is sustained, the court shall also forward the 87.4 person's driver's license or permit to the commissioner for 87.5 further action by the commissioner if the license or permit is 87.6 not already in the commissioner's possession. 87.7 (f) Any party aggrieved by the decision of the reviewing 87.8 court may appeal the decision as provided in the rules of 87.9 appellate procedure. 87.10 (g) The civil hearing under this section shall not give 87.11 rise to an estoppel on any issues arising from the same set of 87.12 circumstances in any criminal prosecution. 87.13 [EFFECTIVE DATE.] This section is effective August 1, 2003, 87.14 and applies to violations committed on or after that date. 87.15 Sec. 14. Minnesota Statutes 2002, section 169A.54, 87.16 subdivision 6, is amended to read: 87.17 Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 87.18 (a) Any person whose license has been revoked pursuant to 87.19 section 169A.52 (license revocation for test failure or refusal) 87.20 as the result of the same incident, and who does not have a 87.21 qualified prior impaired driving incident, is subject to the 87.22 mandatory revocation provisions of subdivision 1, clause (1) or 87.23 (2), in lieu of the mandatory revocation provisions of section 87.24 169A.52. 87.25 (b) Paragraph (a) does not apply to: 87.26 (1) a person whose license has been revoked under 87.27 subdivision 2 (driving while impaired by person under age 87.28 21); or 87.29 (2) a person whose driver's license has been revoked for, 87.30 or who is charged with violating, a violation of section 169A.20 87.31 (driving while impaired) with thean aggravating factor of87.32 having an alcohol concentration of 0.20 or more as measured at87.33 the time, or within two hours of the time, of the offense, and87.34 the person is convicted of that offense or any other offense87.35 described in section 169A.20 arising out of the same set of87.36 circumstances; or88.1 (3) a person charged with violating section 169A.2088.2 (driving while impaired) with the aggravating factor of having a88.3 child under the age of 16 in the vehicle and the child is more88.4 than 36 months younger than the offender, and the person is88.5 convicted of that offense or any other offense described in88.6 section 169A.20 arising out of the same set of88.7 circumstancesdescribed in section 169A.03, subdivision 3, 88.8 clause (2) or (3). 88.9 [EFFECTIVE DATE.] This section is effective August 1, 2003, 88.10 and applies to violations committed on or after that date. 88.11 Sec. 15. Minnesota Statutes 2002, section 169A.60, 88.12 subdivision 8, is amended to read: 88.13 Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The 88.14 commissioner shall rescind the impoundment order of a person 88.15 subject to an order under this section, other than the violator, 88.16 if: 88.17 (1) the violator had a valid driver's license on the date 88.18 of the plate impoundment violation and the person files with the 88.19 commissioner an acceptable sworn statement containing the 88.20 following information: 88.21 (i) that the person is the registered owner of the vehicle 88.22 from which the plates have been impounded under this section; 88.23 (ii) that the person is the current owner and possessor of 88.24 the vehicle used in the violation; 88.25 (iii) the date on which the violator obtained the vehicle 88.26 from the registered owner; 88.27 (iv) the residence addresses of the registered owner and 88.28 the violator on the date the violator obtained the vehicle from 88.29 the registered owner; 88.30 (v) that the person was not a passenger in the vehicle at 88.31 the time of the plate impoundment violation; and 88.32 (vi) that the person knows that the violator may not drive, 88.33 operate, or be in physical control of a vehicle without a valid 88.34 driver's license; or 88.35 (2) the violator did not have a valid driver's license on 88.36 the date of the plate impoundment violation and the person made 89.1 a report to law enforcement before the violation stating that 89.2 the vehicle had been taken from the person's possession or was 89.3 being used without permission. 89.4 (b) A person who has failed to make a report as provided in 89.5 paragraph (a), clause (2), may be issued special registration 89.6 plates under subdivision 13 for a period of one year from the 89.7 effective date of the impoundment order. At the next89.8 registration renewalFollowing this period, the person may apply 89.9 for regular registration plates. 89.10 (c) If the order is rescinded, the owner shall receive new 89.11 registration plates at no cost, if the plates were seized and 89.12 destroyed. 89.13 [EFFECTIVE DATE.] This section is effective August 1, 2003, 89.14 and applies to violations committed on or after that date. 89.15 Sec. 16. Minnesota Statutes 2002, section 169A.60, 89.16 subdivision 13, is amended to read: 89.17 Subd. 13. [SPECIAL REGISTRATION PLATES.] (a) At any time 89.18 during the effective period of an impoundment order, a violator 89.19 or registered owner may apply to the commissioner for new 89.20 registration plates, which must bear a special series of numbers 89.21 or letters so as to be readily identified by traffic law 89.22 enforcement officers. The commissioner may authorize the 89.23 issuance of special plates if: 89.24 (1) the violator has a qualified licensed driver whom the 89.25 violator must identify; 89.26 (2) the violator or registered owner has a limited license 89.27 issued under section 171.30; 89.28 (3) the registered owner is not the violator and the 89.29 registered owner has a valid or limited driver's license; 89.30 (4) a member of the registered owner's household has a 89.31 valid driver's license; or 89.32 (5) the violator has been reissued a valid driver's license. 89.33 (b) The commissioner may not issue new registration plates 89.34 for that vehicle subject to plate impoundment for a period of at 89.35 least one year from the date of the impoundment order and until89.36 the next regularly scheduled registration date following the90.1 impoundment period. In addition, if the owner is the violator, 90.2 new registration plates may not be issued for the vehicle unless 90.3 the person has been reissued a valid driver's license in 90.4 accordance with chapter 171. 90.5 (c) A violator may not apply for new registration plates 90.6 for a vehicle at any time before the person's driver's license 90.7 is reinstated. 90.8 (d) The commissioner may issue the special plates on 90.9 payment of a $50 fee for each vehicle for which special plates 90.10 are requested. 90.11 (e) Paragraphs (a) to (d) notwithstanding, the commissioner 90.12 must issue upon request new registration plates for a vehicle 90.13 for which the registration plates have been impounded if: 90.14 (1) the impoundment order is rescinded; 90.15 (2) the vehicle is transferred in compliance with 90.16 subdivision 14; or 90.17 (3) the vehicle is transferred to a Minnesota automobile 90.18 dealer licensed under section 168.27, a financial institution 90.19 that has submitted a repossession affidavit, or a government 90.20 agency. 90.21 [EFFECTIVE DATE.] This section is effective August 1, 2003, 90.22 and applies to violations committed on or after that date. 90.23 Sec. 17. [169A.78] [AIDING AND ABETTING.] 90.24 Every person who commits or attempts to commit, conspires 90.25 to commit, or aids or abets in the commission of any act 90.26 declared in this chapter to be an offense, whether individually 90.27 or in connection with one or more other persons or as principal, 90.28 agent, or accessory, is guilty of that offense, and every person 90.29 who falsely, fraudulently, forcibly, or willfully induces, 90.30 causes, coerces, requires, permits, or directs another to 90.31 violate any provision of this chapter is likewise guilty of that 90.32 offense. 90.33 [EFFECTIVE DATE.] This section is effective August 1, 2003, 90.34 and applies to violations committed on or after that date. 90.35 Sec. 18. Minnesota Statutes 2002, section 609.135, 90.36 subdivision 2, is amended to read: 91.1 Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 91.2 conviction is for a felony other than section 609.21, 91.3 subdivision 2, 2a, or 4, the stay shall be for not more than 91.4 four years or the maximum period for which the sentence of 91.5 imprisonment might have been imposed, whichever is longer. 91.6 (b) If the conviction is for a gross misdemeanor violation 91.7 of section 169A.20 or 609.21, subdivision 2b, or for a felony 91.8 described in section 609.21, subdivision 2, 2a, or 4, the stay 91.9 shall be for not more than six years. The court shall provide 91.10 for unsupervised probation for the last year of the stay unless 91.11 the court finds that the defendant needs supervised probation 91.12 for all or part of the last year. 91.13 (c) If the conviction is for a gross misdemeanor not 91.14 specified in paragraph (b), the stay shall be for not more than 91.15 two years. 91.16 (d) If the conviction is for any misdemeanor under section 91.17 169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a 91.18 misdemeanor under section 609.2242 or 609.224, subdivision 1, in 91.19 which the victim of the crime was a family or household member 91.20 as defined in section 518B.01, the stay shall be for not more 91.21 than two years. The court shall provide for unsupervised 91.22 probation for the second year of the stay unless the court finds 91.23 that the defendant needs supervised probation for all or part of 91.24 the second year. 91.25 (e) If the conviction is for a misdemeanor not specified in 91.26 paragraph (d), the stay shall be for not more than one year. 91.27 (f) The defendant shall be discharged six months after the 91.28 term of the stay expires, unless the stay has been revoked or 91.29 extended under paragraph (g), or the defendant has already been 91.30 discharged. 91.31 (g) Notwithstanding the maximum periods specified for stays 91.32 of sentences under paragraphs (a) to (f), a court may extend a 91.33 defendant's term of probation for up to one year if it finds, at 91.34 a hearing conducted under subdivision 1a, that: 91.35 (1) the defendant has not paid court-ordered restitution or 91.36 a fine in accordance with the payment schedule or structure; and 92.1 (2) the defendant is likely to not pay the restitution or 92.2 fine the defendant owes before the term of probation expires. 92.3 This one-year extension of probation for failure to pay 92.4 restitution or a fine may be extended by the court for up to one 92.5 additional year if the court finds, at another hearing conducted 92.6 under subdivision 1a, that the defendant still has not paid the 92.7 court-ordered restitution or fine that the defendant owes. 92.8 (h) Notwithstanding the maximum periods specified for stays 92.9 of sentences under paragraphs (a) to (f), a court may extend a 92.10 defendant's term of probation for up to three years if it finds, 92.11 at a hearing conducted under subdivision 1c, that: 92.12 (1) the defendant has failed to complete court-ordered 92.13 treatment successfully; and 92.14 (2) the defendant is likely not to complete court-ordered 92.15 treatment before the term of probation expires. 92.16 [EFFECTIVE DATE.] This section is effective August 1, 2003, 92.17 and applies to violations committed on or after that date. 92.18 Sec. 19. Minnesota Statutes 2002, section 629.471, is 92.19 amended by adding a subdivision to read: 92.20 Subd. 4. [NOT APPLICABLE FOR FELONY DWI.] This section 92.21 does not apply to persons charged with a felony violation under 92.22 section 169A.20. 92.23 [EFFECTIVE DATE.] This section is effective August 1, 2003, 92.24 and applies to violations committed on or after that date. 92.25 Sec. 20. [CLARIFYING LEGISLATIVE INTENT.] 92.26 During the year 2000 recodification of Minnesota's impaired 92.27 driving statutes, now codified in Minnesota Statutes 2002, 92.28 chapter 169A, it was the intention of the legislature to 92.29 continue the policy of accountability for previous convictions 92.30 of impaired driving-related offenses and previous impaired 92.31 driving-related driver's license actions. Specifically, it was 92.32 the intention of the legislature to count as aggravating factors 92.33 all qualified prior impaired driving incidents occurring within 92.34 the past ten years of an incident for purposes of any criminal 92.35 or civil sanctions under Minnesota Statutes 2002, chapter 169A, 92.36 whether a prior incident occurred before, during, or after 1998 93.1 or 1996. The references to "Minnesota Statutes 1998" and 93.2 "Minnesota Statutes 1996" in Minnesota Statutes 2002, section 93.3 169A.03, subdivisions 20 and 21, follow standard editorial 93.4 practice in drafting legislation and are used to refer the 93.5 reader to the most recent printing of Minnesota statutes that 93.6 contained the relevant provisions of statute as they existed 93.7 prior to recodification, and are not intended to limit the 93.8 look-back period. 93.9 [EFFECTIVE DATE.] This section is effective the day 93.10 following final enactment. 93.11 ARTICLE 10 93.12 PROSTITUTION 93.13 Section 1. Minnesota Statutes 2002, section 609.322, is 93.14 amended by adding a subdivision to read: 93.15 Subd. 1c. [AGGREGATION OF CASES.] Acts by the defendant in 93.16 violation of any one or more of the provisions in this section 93.17 within any six-month period may be aggregated and the defendant 93.18 charged accordingly in applying the provisions of this section; 93.19 provided that when two or more offenses are committed by the 93.20 same person in two or more counties, the accused may be 93.21 prosecuted in any county in which one of the offenses was 93.22 committed for all of the offenses aggregated under this 93.23 paragraph. 93.24 [EFFECTIVE DATE.] This section is effective August 1, 2003, 93.25 and applies to crimes committed on or after that date. 93.26 Sec. 2. Minnesota Statutes 2002, section 609.3241, is 93.27 amended to read: 93.28 609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 93.29 When a court sentences an adult convicted of violating 93.30 section 609.322 or 609.324, while acting other than as a 93.31 prostitute, the court shall impose an assessment of not less 93.32 than $250 and not more than $500 for a violation of section 93.33 609.324, subdivision 2, or a misdemeanor violation of section 93.34 609.324, subdivision 3; otherwise the court shall impose an 93.35 assessment of not less than $500 and not more than $1,000. The 93.36 mandatory minimum portion of the assessment is to be used for 94.1 the purposes described in section 626.558, subdivision 2a, and 94.2 is in addition to the surcharge required by section 357.021, 94.3 subdivision 6. Any portion of the assessment imposed in excess 94.4 of the mandatory minimum amount shall be forwarded to the 94.5 general fund and is appropriated annually to the commissioner of 94.6 correctionspublic safety. The commissioner, with the 94.7 assistance of the general crime victims advisory council, shall 94.8 use money received under this section for grants to agencies 94.9 that provide assistance to individuals who have stopped or wish 94.10 to stop engaging in prostitution. Grant money may be used to 94.11 provide these individuals with medical care, child care, 94.12 temporary housing, and educational expenses. 94.13 [EFFECTIVE DATE.] This section is effective the day 94.14 following final enactment. 94.15 Sec. 3. [COLLECTION OF INFORMATION AND STUDY ON CERTAIN 94.16 PROSTITUTION CASES; REPORT.] 94.17 Subdivision 1. [DEFINITIONS.] (a) The following terms have 94.18 the meanings given them. 94.19 (b) "Intermediate sanctions" has the meaning given in 94.20 Minnesota Statutes, section 609.135, subdivision 1, paragraph 94.21 (b). 94.22 (c) "Patron" has the meaning given in Minnesota Statutes, 94.23 section 609.321, subdivision 4. 94.24 (d) "Promotes the prostitution of an individual" has the 94.25 meaning given in Minnesota Statutes, section 609.321, 94.26 subdivision 7. 94.27 (e) "Prostitute" has the meaning given in Minnesota 94.28 Statutes, section 609.321, subdivision 8. 94.29 (f) "Prostitution crime" means a violation of Minnesota 94.30 Statutes, section 609.322 or 609.324. 94.31 Subd. 2. [COLLECTION OF INFORMATION.] (a) The following 94.32 attorneys or their designees and the following law enforcement 94.33 representatives or their designees shall oversee the collection 94.34 of information on the investigation and prosecution of 94.35 prostitution crimes committed within the jurisdiction of each 94.36 individual's office, commencing January 1, 2002, and ending 95.1 December 31, 2002: 95.2 (1) the Hennepin county attorney; 95.3 (2) the Minneapolis city attorney; 95.4 (3) the Ramsey county attorney; 95.5 (4) the St. Paul city attorney; 95.6 (5) the Hennepin county sheriff; 95.7 (6) the chief of police of the Minneapolis police 95.8 department; 95.9 (7) the Ramsey county sheriff; and 95.10 (8) the chief of police of the St. Paul police department. 95.11 (b) The information collected under paragraph (a) must 95.12 include: 95.13 (1) information on the neighborhood and city where the 95.14 offense was committed or allegedly committed and information on 95.15 the neighborhood and city where the offender or alleged offender 95.16 resides; 95.17 (2) the number of calls to law enforcement and the number 95.18 of complaints made directly to law enforcement regarding alleged 95.19 prostitution crimes; 95.20 (3) the number of arrests made for prostitution crimes and 95.21 a breakdown of the age, race, and gender of the individuals 95.22 arrested; 95.23 (4) the number of citations, tab charges, and complaints 95.24 issued for prostitution crimes; 95.25 (5) the types of charges filed in each case, if any, 95.26 including whether the person was acting as a patron or 95.27 prostitute, or promoting the prostitution of an individual; and 95.28 (6) the disposition of each case in which prosecution was 95.29 commenced, including the amount of any fine or penalty 95.30 assessment imposed; the incarceration imposed on the offender, 95.31 if any; the intermediate sanctions, if relevant, or conditions 95.32 of probation imposed on the offender, if any; and whether the 95.33 offender was referred to a restorative justice program, 95.34 diversion program, or alternative sentencing program. 95.35 Subd. 3. [PREPARATION OF SUMMARY AND REPORT.] The law 95.36 enforcement authorities specified in subdivision 2, paragraph 96.1 (a), shall provide the information required by subdivision 2, 96.2 paragraph (b), to the prosecuting authorities in their 96.3 jurisdictions by August 15, 2003. The prosecuting authorities 96.4 specified in subdivision 2, paragraph (a), shall cooperate in 96.5 preparing a summary of the information collected under 96.6 subdivision 2, paragraph (b), and in preparing a report for the 96.7 chairs and ranking minority leaders of the house and senate 96.8 committees and divisions with jurisdiction over criminal justice 96.9 policy and funding. The report shall be provided to the 96.10 legislature and filed in the legislative reference library no 96.11 later than December 15, 2003. 96.12 [EFFECTIVE DATE.] This section is effective the day 96.13 following final enactment. 96.14 Sec. 4. [REPORTS ON PENALTY ASSESSMENTS FOR PROSTITUTION 96.15 CRIMES.] 96.16 Subdivision 1. [COMMISSIONER OF PUBLIC SAFETY; REPORT.] By 96.17 December 15, 2003, the commissioner of public safety shall 96.18 submit a report to the chairs and ranking minority leaders of 96.19 the house and senate committees and divisions with jurisdiction 96.20 over criminal justice policy and funding on the amount of money 96.21 appropriated to the commissioner of public safety under 96.22 Minnesota Statutes, section 609.3241, since the beginning of 96.23 fiscal year 1998. In preparing this report, the commissioner of 96.24 public safety shall determine whether any penalty assessments 96.25 were appropriated to the commissioner of corrections during this 96.26 time and, if so, how much was appropriated. The commissioner of 96.27 corrections shall cooperate with the commissioner of public 96.28 safety in providing this information. The report also shall 96.29 contain information on the use of money appropriated during this 96.30 time period, including, but not limited to, the ways in which 96.31 the money has been used to assist individuals who have stopped 96.32 or wish to stop engaging in prostitution. The report shall be 96.33 filed with the legislative reference library no later than 96.34 December 15, 2003. 96.35 Subd. 2. [SUPREME COURT; REPORT.] By December 15, 2003, 96.36 the supreme court is requested to report to the chairs and 97.1 ranking minority leaders of the house and senate committees and 97.2 divisions with jurisdiction over criminal justice policy and 97.3 funding concerning the use of money collected since the 97.4 beginning of fiscal year 1998 from penalty assessments under 97.5 Minnesota Statutes, section 609.3241, and use for the purposes 97.6 described in Minnesota Statutes, section 626.558, subdivision 97.7 2a. The report is requested to be filed with the legislative 97.8 reference library no later than December 15, 2003. 97.9 [EFFECTIVE DATE.] This section is effective the day 97.10 following final enactment. 97.11 Sec. 5. [REVISOR'S INSTRUCTION.] 97.12 In the next edition of Minnesota Statutes, the revisor 97.13 shall change the headnotes for Minnesota Statutes, section 97.14 609.324, as follows: 97.15 (1) the section headnote from "OTHER PROHIBITED ACTS" to 97.16 "OTHER PROSTITUTION CRIMES; PATRONS, PROSTITUTES, AND 97.17 INDIVIDUALS HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; 97.18 PENALTIES"; 97.19 (2) the subdivision 1 headnote from "CRIME DEFINED" to 97.20 "ENGAGING IN, HIRING, OR AGREEING TO HIRE A MINOR TO ENGAGE IN 97.21 PROSTITUTION; PENALTIES"; 97.22 (3) the subdivision 1a headnote from "MINOR ENGAGED IN 97.23 PROSTITUTION" to "HOUSING AN UNRELATED MINOR ENGAGED IN 97.24 PROSTITUTION; PENALTIES"; 97.25 (4) the subdivision 2 headnote from "SOLICITATION IN PUBLIC 97.26 PLACE" to "SOLICITATION OR ACCEPTANCE OF SOLICITATION TO ENGAGE 97.27 IN PROSTITUTION; PENALTY"; and 97.28 (5) the subdivision 3 headnote from "HIRE TO ENGAGE IN 97.29 PROSTITUTION" to "ENGAGING IN, HIRING, OR AGREEING TO HIRE AN 97.30 ADULT TO ENGAGE IN PROSTITUTION; PENALTIES."