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SF 2018

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 11:33pm

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

Current Version - as introduced

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A bill for an act
relating to public safety; imposing per-page filing fees for court papers;
increasing various court fees and the criminal and traffic surcharge; authorizing
the imposition of a public defender fee for licensed attorneys; establishing a court
and public defender account in the special revenue fund and depositing these
fees into that account; temporarily reducing the penalty for numerous first-time
misdemeanors throughout the statutes and local ordinances; increasing the
maximum fine for petty misdemeanors and authorizing restitution to be ordered;
temporarily eliminating the authority of local units of government to enact
ordinances with misdemeanor penalties for first-time offenders; prohibiting local
authorities from enforcing criminal provisions with administrative penalties;
expanding the application of the criminal and traffic surcharge; authorizing
referees to preside over conciliation courts and increasing the conciliation court
civil claim limit; providing the Fourth Judicial District with fiscal flexibility as
to the location of court facilities; repealing the mandatory minimum sentences
for predatory offender registration offenses and subsequent controlled substance
offenses; adjusting the threshold amounts for certain controlled substances
crimes; establishing a marijuana plant possession crime; expanding the stay of
adjudication provision for low-level controlled substance offenders; providing a
90-day cap on incarceration for certain first-time supervised release violations;
eliminating the requirement that judges impose a minimum sentence on felony
DWI offenders; requesting the Sentencing Guidelines Commission to rerank the
felony DWI offense; requiring that prisoners serve a minimum of 60 percent of
their prison sentence; providing for supervised release of offenders; providing
a restorative justice-based alternative disposition process for certain adult and
juvenile offenders; providing for the use of special masters to handle pretrial
matters; imposing criminal penalties; appropriating money; amending Minnesota
Statutes 2008, sections 152.01, subdivision 16, by adding subdivisions; 152.021,
subdivisions 1, 2, 3; 152.022, subdivisions 1, 2, 3; 152.023, subdivisions 2,
3; 152.024, subdivision 3; 152.025, subdivisions 2, 3; 152.027, by adding
a subdivision; 152.18, subdivision 1; 169.89, subdivision 2; 169A.275,
subdivisions 3, 4, 5; 169A.276, subdivisions 1, 2; 243.166, subdivision 5;
244.01, subdivision 8; 244.04, subdivisions 1, 1a; 244.101, subdivision 1;
244.14, subdivision 3; 244.171, subdivision 4; 357.021, subdivisions 1a, 2, 6,
7; 357.022; 357.08; 366.01, subdivision 10; 368.01, subdivision 22; 375.53;
412.231; 484.91, subdivision 1; 491A.01, subdivision 3; 491A.03, subdivision 1;
609.02, subdivision 4a; 609.0331; 609.0332, subdivision 1; 609.095; 609.105,
subdivision 1a; 643.29, subdivision 1; 645.241; proposing coding for new law in
Minnesota Statutes, chapters 244; 410; 484; 609; repealing Minnesota Statutes
2008, sections 152.026; 383B.65, subdivision 2.

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

ARTICLE 1

FEE INCREASES; CREATION OF NEW ACCOUNT;

APPROPRIATION

Section 1.

Minnesota Statutes 2008, section 357.021, subdivision 1a, is amended to
read:


Subd. 1a.

Transmittal of fees to commissioner of finance.

(a) Every person,
including the state of Minnesota and all bodies politic and corporate, who shall transact
any business in the district court, shall pay to the court administrator of said court the
sundry fees prescribed in subdivision 2. Except as new text begin otherwise new text end provided in new text begin this paragraph or
new text end paragraph (d), the court administrator shall transmit the fees monthly to the commissioner
of finance for deposit in the state treasury and credit to the general fund. $30 of each
fee collected in a dissolution action under subdivision 2, clause (1), must be deposited
by the commissioner of finance in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the displaced homemaker
program under section 116L.96.new text begin The per-page charges collected under subdivision 2 and
the fee increases made in section 2 must be deposited by the commissioner of finance in
the court and public defender account in the special revenue fund under section 484.99.
new text end

(b) In a county which has a screener-collector position, fees paid by a county
pursuant to this subdivision shall be transmitted monthly to the county treasurer, who
shall apply the fees first to reimburse the county for the amount of the salary paid for the
screener-collector position. The balance of the fees collected shall then be forwarded to
the commissioner of finance for deposit in the state treasury and credited to the general
fund. In a county in a judicial district under section 480.181, subdivision 1, paragraph
(b), which has a screener-collector position, the fees paid by a county shall be transmitted
monthly to the commissioner of finance for deposit in the state treasury and credited to the
general fund. A screener-collector position for purposes of this paragraph is an employee
whose function is to increase the collection of fines and to review the incomes of potential
clients of the public defender, in order to verify eligibility for that service.

(c) No fee is required under this section from the public authority or the party the
public authority represents in an action for:

(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;

(2) civil commitment under chapter 253B;

(3) the appointment of a public conservator or public guardian or any other action
under chapters 252A and 525;

(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or
recovery of overpayments of public assistance;

(5) court relief under chapters 260, 260A, 260B, and 260C;

(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;

(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;

(8) restitution under section 611A.04; or

(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5
.

(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, section 357.021, subdivision 2, is amended to read:


Subd. 2.

Fee amounts.

The fees to be charged and collected by the court
administrator shall be as follows:

(1) In every civil action or proceeding in said court, including any case arising
under the tax laws of the state that could be transferred or appealed to the Tax Court, the
plaintiff, petitioner, or other moving party shall pay, when the first paper is filed for that
party in said action, a fee of deleted text begin $240deleted text end new text begin $250 plus $1 per pagenew text end , except in marriage dissolution
actions the fee is deleted text begin $270deleted text end new text begin $280 plus $1 per pagenew text end .

The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of deleted text begin $240deleted text end new text begin $250 plus
$1 per page
new text end , except in marriage dissolution actions the fee is deleted text begin $270deleted text end new text begin $280 plus $1 per pagenew text end .

The party requesting a trial by jury shall pay deleted text begin $75deleted text end new text begin $100new text end .

The fees above stated shall be the full trial fee chargeable to said parties irrespective
of whether trial be to the court alone, to the court and jury, or disposed of without trial,
and shall include the entry of judgment in the action, but does not include copies or
certified copies of any papers so filed or proceedings under chapter 103E, except the
provisions therein as to appeals.

(2) Certified copy of any instrument from a civil or criminal proceeding, deleted text begin $10deleted text end new text begin $14
plus $1 per page
new text end , and deleted text begin $5deleted text end for an uncertified copynew text begin $8 plus $1 per pagenew text end .

(3) Issuing a subpoena, deleted text begin $12deleted text end new text begin $16 new text end for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support,
and guardianship cases, deleted text begin $55deleted text end new text begin $65 plus $1 per pagenew text end .

(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, deleted text begin $40deleted text end new text begin $55 plus $1 per pagenew text end .

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of
judgment from another court, deleted text begin $30deleted text end new text begin $40 plus $1 per pagenew text end .

(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment
of judgment, $5new text begin plus $1 per pagenew text end .

(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each
name certified to.

(9) Filing and indexing trade name; or recording basic science certificate;
or recording certificate of physicians, osteopaths, chiropractors, veterinarians, or
optometrists, $5new text begin plus $1 per pagenew text end .

(10) For the filing of each partial, final, or annual account in all trusteeships, deleted text begin $40deleted text end new text begin
$55 plus $1 per page
new text end .

(11) For the deposit of a will, deleted text begin $20deleted text end new text begin $27 plus $1 per pagenew text end .

(12) For recording notary commission, $100, of which, notwithstanding subdivision
1a, paragraph (b), $80 must be forwarded to the commissioner of finance to be deposited
in the state treasury and credited to the general fund.

(13) Filing a motion or response to a motion for modification of child support, a fee
of $55new text begin plus $1 per pagenew text end .

(14) All other services required by law for which no fee is provided, such fee
as compares favorably with those herein provided, or such as may be fixed by rule or
order of the court.

(15) In addition to any other filing fees under this chapter, a surcharge in the
amount of $75 must be assessed in accordance with section 259.52, subdivision 14, for
each adoption petition filed in district court to fund the fathers' adoption registry under
section 259.52.

The fees in clauses (3) and (5) need not be paid by a public authority or the party
the public authority represents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:


Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided in
this paragraph, the court shall impose and the court administrator shall collect a deleted text begin $75deleted text end new text begin $85new text end
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.

(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 4.

Minnesota Statutes 2008, section 357.021, subdivision 7, is amended to read:


Subd. 7.

Disbursement of surcharges by commissioner of finance.

(a) Except as
provided in paragraphs (b), (c), deleted text begin anddeleted text end (d), new text begin and (e), new text end the commissioner of finance shall disburse
surcharges received under subdivision 6 and section 97A.065, subdivision 2, as follows:

(1) one percent shall be credited to the game and fish fund to provide peace officer
training for employees of the Department of Natural Resources who are licensed under
sections 626.84 to 626.863, and who possess peace officer authority for the purpose of
enforcing game and fish laws;

(2) 39 percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) 60 percent shall be credited to the general fund.

(b) The commissioner of finance shall credit $3 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner
of finance shall credit $47 of each surcharge received under subdivision 6 and section
97A.065, subdivision 2, and the $4 parking surcharge, to the general fund.

new text begin (d) The commissioner of finance shall deposit $10 of each surcharge received under
subdivision 6 and section 97A.065, subdivision 2, in the court and public defender account
in the special revenue fund under section 484.99.
new text end

deleted text begin (d)deleted text end new text begin (e) new text end If the Ramsey County Board of Commissioners authorizes imposition
of the additional $1 surcharge provided for in subdivision 6, paragraph (a), the court
administrator in the Second Judicial District shall transmit the surcharge to the
commissioner of finance. The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the account are appropriated
to the trial courts for the administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County Violations Bureau.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 5.

Minnesota Statutes 2008, section 357.022, is amended to read:


357.022 CONCILIATION COURT FEE.

The court administrator in every county shall charge and collect a filing fee of deleted text begin $50deleted text end
new text begin $60 new text end from every plaintiff and from every defendant when the first paper for that party is
filed in any conciliation court action. This section does not apply to conciliation court
actions filed by the state. The court administrator shall transmit the fees monthly to the
commissioner of finance deleted text begin fordeleted text end new text begin . The commissioner shall deposit $10 from each fee in the
court and public defender account in the special revenue fund under section 484.99. The
commissioner shall
new text end deposit new text begin the remaining money new text end in the state treasury and credit new text begin it new text end to the
general fund.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 6.

Minnesota Statutes 2008, section 357.08, is amended to read:


357.08 PAID BY APPELLANT IN APPEAL.

There shall be paid to the clerk of the appellate courts by the appellant, or moving
party or person requiring the service, in all cases of appeal, certiorari, habeas corpus,
mandamus, injunction, prohibition, or other original proceeding, when initially filed with
the clerk of the appellate courts, the sum of deleted text begin $500deleted text end new text begin $550new text end to the clerk of the appellate courts.
An additional filing fee of $100 shall be required for a petition for accelerated review by
the Supreme Court. A filing fee of deleted text begin $500deleted text end new text begin $550new text end shall be paid to the clerk of the appellate
courts upon the filing of a petition for review from a decision of the Court of Appeals. A
filing fee of deleted text begin $500deleted text end new text begin $550new text end shall be paid to the clerk of the appellate courts upon the filing
of a petition for permission to appeal. A filing fee of $100 shall be paid to the clerk of
the appellate courts upon the filing by a respondent of a notice of review. The clerk shall
transmit the fees to the commissioner of finance deleted text begin for depositdeleted text end new text begin . The commissioner shall
deposit $50 from each fee in the court and public defender account in the special revenue
fund under section 484.99. The commissioner shall deposit the remaining money
new text end in the
state treasury and credit new text begin it new text end to the general fund.

The clerk shall not file any paper, issue any writ or certificate, or perform any service
enumerated herein, until the payment has been made for it. The clerk shall pay the sum
into the state treasury as provided for by section 15A.01.

The charges provided for shall not apply to disbarment proceedings, nor to an
action or proceeding by the state taken solely in the public interest, where the state is the
appellant or moving party, nor to copies of the opinions of the court furnished by the clerk
to the parties before judgment, or furnished to the district judge whose decision is under
review, or to such law library associations in counties having a population exceeding
50,000, as the court may direct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 7.

new text begin [484.99] COURT AND PUBLIC DEFENDER ACCOUNT.
new text end

new text begin The court and public defender account is established in the special revenue fund and
consists of money collected from fees under sections 357.021, subdivision 1a, paragraph
(a), and subdivision 7, paragraph (d); 357.022; 357.08; and section 8, and deposited by the
commissioner of finance into the account. Money in the account may be appropriated by
the legislature for the support of the courts and public defenders.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 8. new text begin PUBLIC DEFENDER FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Authorization. new text end

new text begin (a) The Supreme Court, through the lawyer
registration office, may assess a public defender fee on each licensed attorney in the state.
If imposed, the fee must be equal to the civil legal services fee that licensed attorneys are
required to pay pursuant to the rules of the Supreme Court on lawyer registration.
new text end

new text begin (b) The fee described in paragraph (a) may apply only to attorneys actively engaged
in the practice of law.
new text end

new text begin Subd. 2. new text end

new text begin Deposit into special revenue account. new text end

new text begin The state court administrator
shall forward fees collected under subdivision 1 to the commissioner of finance who
shall deposit them into the court and public defender account in the special revenue fund
under Minnesota Statutes, section 484.99.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 9. new text begin APPROPRIATION.
new text end

new text begin Of the money in the court and public defender account in the special revenue fund
under Minnesota Statutes, section 484.99, for the fiscal year ending June 30, 2010, and the
fiscal year ending June 30, 2011:
new text end

new text begin (1) 8.5 percent is appropriated to the Supreme Court;
new text end

new text begin (2) 3.2 percent is appropriated for civil legal services;
new text end

new text begin (3) 2.8 percent is appropriated to the Court of Appeals;
new text end

new text begin (4) 67.3 percent is appropriated to the district courts; and
new text end

new text begin (5) 18.2 percent is appropriated to the Board of Public Defense.
new text end

ARTICLE 2

CRIMINAL PENALTY AND ORDINANCE CHANGES;

CIVIL LAW CHANGES; ADMINISTRATIVE PENALTIES PROHIBITED;

RESTORATIVE JUSTICE-BASED ALTERNATIVE DISPOSITION

Section 1.

Minnesota Statutes 2008, section 169.89, subdivision 2, is amended to read:


Subd. 2.

Petty misdemeanor penalty; no jury trial.

A person charged with a petty
misdemeanor is not entitled to a jury trial but shall be tried by a judge without a jury. If
convicted, the person is not subject to imprisonment but shall be punished by a fine of
not more than deleted text begin $300deleted text end new text begin $500. In addition to or in lieu of the fine, a court may order a person
convicted of a petty misdemeanor to pay restitution to the victim of the offense
new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 357.021, subdivision 6, is amended to read:


Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided
in this paragraph, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $4 surcharge. In the Second Judicial District, the
court shall impose, and the court administrator shall collect, an additional $1 surcharge
on every person convicted of any felony, gross misdemeanor, misdemeanor, or petty
misdemeanor offense, including a violation of a law or ordinance relating to vehicle
parking, if the Ramsey County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is sentenced to imprisonment or the
sentence is stayed. The surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.

(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and
correct the record.

(c) The court may not waive payment of the surcharge required under this
subdivision. Upon a showing of indigency or undue hardship upon the convicted person
or the convicted person's immediate family, the sentencing court may authorize payment
of the surcharge in installments.

(d) The court administrator or other entity collecting a surcharge shall forward it
to the commissioner of finance.

(e) If the convicted person is sentenced to imprisonment and has not paid the
surcharge before the term of imprisonment begins, the chief executive officer of the
correctional facility in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work performed in the facility
or while on conditional release. The chief executive officer shall forward the amount
collected to the commissioner of finance.

new text begin (f) A person who successfully completes a diversion or similar program for a
violation of chapter 169 must pay the surcharge described in this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 366.01, subdivision 10, is amended to read:


Subd. 10.

Penal offenses.

They may declare that a violation of an ordinance is a
penal offense and prescribe penalties for violations, except as otherwise provided by law.
No penalty shall exceed that provided by law fornew text begin : (1)new text end a new text begin petty new text end misdemeanordeleted text begin ,deleted text end new text begin for a person
who has not previously been convicted of violating the provision; or (2) a misdemeanor
for a person who has previously been convicted of violating the provision;
new text end but the costs of
prosecution may be added.

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin This section is effective July 1, 2009, and its
amendments expire June 30, 2011.
new text end

Sec. 4.

Minnesota Statutes 2008, section 368.01, subdivision 22, is amended to read:


Subd. 22.

Penalties.

The town board may declare that the violation of any ordinance
is a penal offense and prescribe penalties for it. No penalty shall exceed that provided by
law fornew text begin : (1)new text end a new text begin petty new text end misdemeanordeleted text begin ,deleted text end new text begin for a person who has not previously been convicted
of violating the provision; or (2) a misdemeanor for a person who has previously been
convicted of violating the provision;
new text end but the costs of prosecution may be added.

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin This section is effective July 1, 2009, and its
amendments expire June 30, 2011.
new text end

Sec. 5.

Minnesota Statutes 2008, section 375.53, is amended to read:


375.53 VIOLATIONS OF ORDINANCES, PENALTIES.

The county board may declare that the violation of any ordinance deleted text begin shall bedeleted text end new text begin is new text end a penal
offense and prescribe penalties for a violation. The penalties shall not exceed those
permitted for conviction ofnew text begin : (1)new text end a new text begin petty new text end misdemeanor deleted text begin as defined by lawdeleted text end new text begin for a person who
has not previously been convicted of violating the provision; or (2) a misdemeanor for a
person who has previously been convicted of violating the provision
new text end .

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin This section is effective July 1, 2009, and its
amendments expire June 30, 2011.
new text end

Sec. 6.

new text begin [410.28] ORDINANCE PENALTIES.
new text end

new text begin The charter may authorize penalties for violations of the city's ordinances. A home
rule charter city may not establish a penalty for an ordinance violation that exceeds the
maximum penalty for: (1) a petty misdemeanor for a person who has not previously
been convicted of violating the provision; or (2) a misdemeanor for a person who has
previously been convicted of violating the provision.
new text end

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin This section is effective July 1, 2009, and expires
June 30, 2011.
new text end

Sec. 7.

Minnesota Statutes 2008, section 412.231, is amended to read:


412.231 PENALTIES.

The council deleted text begin shall have the power todeleted text end new text begin may new text end declare that the violation of any ordinance
deleted text begin shall bedeleted text end new text begin is new text end a penal offense and deleted text begin todeleted text end prescribe penalties deleted text begin therefordeleted text end new text begin for violationsnew text end . No deleted text begin suchdeleted text end
penalty shall exceed deleted text begin a fine of $1,000 or imprisonment in a city or county jail for a period
of 90 days, or both,
deleted text end new text begin that provided by law for: (1) a petty misdemeanor for a person who
has not previously been convicted of violating the provision; or (2) a misdemeanor for a
person who has previously been convicted of violating the provision;
new text end but deleted text begin in either casedeleted text end the
costs of prosecution may be added.

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin This section is effective July 1, 2009, and its
amendments expire June 30, 2011.
new text end

Sec. 8.

new text begin [484.735] PRETRIAL SPECIAL MASTER.
new text end

new text begin Subdivision 1. new text end

new text begin Applicability. new text end

new text begin This section applies to:
new text end

new text begin (1) district court cases that have been assigned to a single judge under Rule 113 of
the Minnesota Rules of General Practice; and
new text end

new text begin (2) other civil cases, unless the chief judge or presiding judge determines that the
interests of justice will best be served by not assigning pretrial matters to a special master.
new text end

new text begin This section does not apply to cases excluded from Rule 111 of the Minnesota General
Rules of Practice.
new text end

new text begin Subd. 2. new text end

new text begin Appointment of special master required; costs; review. new text end

new text begin The court
may appoint a special master to preside over pretrial matters in the case. Rule 53 of the
Minnesota Rules of Civil Procedure applies to the determination and responsibility for
payment of the fee of the special master, provided that the fee must not exceed one-half of
the salary rate of a district court judge. The special master may assess costs against a party
for failure to comply with rules or orders, subject to review and approval by the court.
Other orders of the special master are final and not subject to review by the court.
new text end

new text begin Subd. 3. new text end

new text begin Qualified special masters. new text end

new text begin In appointing special masters, the court shall
give priority to the appointment of individuals who agree to perform the function without
a fee or for a reduced fee.
new text end

new text begin Subd. 4. new text end

new text begin Rules. new text end

new text begin The Supreme Court or the judges of a judicial district may adopt
rules to implement this section.
new text end

new text begin Subd. 5. new text end

new text begin Sunset. new text end

new text begin This section expires on July 1, 2012.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 9.

Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

Misdemeanor violations bureaus new text begin in the Fourth
Judicial District
new text end shall be established in deleted text begin Minneapolis, a southern suburb location, and at
any other northern and western suburban
deleted text end locations deleted text begin dispersed throughout the county as
may be
deleted text end designated by a majority of the judges of the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 10.

Minnesota Statutes 2008, section 491A.01, subdivision 3, is amended to read:


Subd. 3.

Jurisdiction; general.

(a) Except as provided in subdivisions 4 and 5, the
conciliation court has jurisdiction to hear, conciliate, try, and determine civil claims if the
amount of money or property that is the subject matter of the claim does not exceed deleted text begin $6,000
or, on and after July 1, 1994, $7,500,
deleted text end new text begin $15,000new text end or deleted text begin $4,000deleted text end new text begin $7,500new text end if the claim involves a
consumer credit transaction. "Consumer credit transaction" means a sale of personal
property, or a loan arranged to facilitate the purchase of personal property, in which:

(1) credit is granted by a seller or a lender who regularly engages as a seller or
lender in credit transactions of the same kind;

(2) the buyer is a natural person;

(3) the claimant is the seller or lender in the transaction; and

(4) the personal property is purchased primarily for a personal, family, or household
purpose and not for a commercial, agricultural, or business purpose.

(b) Except as otherwise provided in this subdivision and subdivisions 5 to 10, the
territorial jurisdiction of conciliation court is coextensive with the county in which the
court is established. The summons in a conciliation court action under subdivisions 6 to
10 may be served anywhere in the state, and the summons in a conciliation court action
under subdivision 7, paragraph (b), may be served outside the state in the manner provided
by law. The court administrator shall serve the summons in a conciliation court action
by first class mail, except that if the amount of money or property that is the subject of
the claim exceeds $2,500, the summons must be served by the plaintiff by certified mail,
and service on nonresident defendants must be made in accordance with applicable law
or rule. Subpoenas to secure the attendance of nonparty witnesses and the production of
documents at trial may be served anywhere within the state in the manner provided by law.

When a court administrator is required to summon the defendant by certified mail
under this paragraph, the summons may be made by personal service in the manner
provided in the Rules of Civil Procedure for personal service of a summons of the district
court as an alternative to service by certified mail.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to civil
claims filed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2008, section 491A.03, subdivision 1, is amended to read:


Subdivision 1.

Judges; referees.

The judges of district court deleted text begin shalldeleted text end new text begin may new text end serve as
judges of conciliation court. deleted text begin In the Second and Fourth Judicial Districts, A majority of
the judges
deleted text end new text begin The chief judge new text end of the district may appoint one or more suitable persons to act
as referees in conciliation court; deleted text begin a majority of the judgesdeleted text end new text begin the chief judge new text end of the district
shall establish qualifications for the office, specify the duties and length of service of
referees, and fix their compensation deleted text begin not to exceed an amount per day determined by the
chief judge of the judicial district
deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2008, section 609.02, subdivision 4a, is amended to read:


Subd. 4a.

Petty misdemeanor.

"Petty misdemeanor" means a petty offense which
is prohibited by statute, which does not constitute a crime and for which a sentence of
a fine of not more than deleted text begin $300deleted text end new text begin $500new text end may be imposed. new text begin In addition to or in lieu of the
fine, a court may order a person convicted of a petty misdemeanor to pay restitution to
the victim of the offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2008, section 609.0331, is amended to read:


609.0331 MAXIMUM PENALTIES; PETTY MISDEMEANORS.

A law of this state that provides, on or after deleted text begin Augustdeleted text end new text begin July new text end 1, deleted text begin 2000deleted text end new text begin 2009new text end , for a
maximum penalty of deleted text begin $200deleted text end new text begin $300 new text end for a petty misdemeanor is considered to provide for
a maximum fine of deleted text begin $300deleted text end new text begin $500new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 609.0332, subdivision 1, is amended to read:


Subdivision 1.

Increased fine.

From deleted text begin Augustdeleted text end new text begin July new text end 1, deleted text begin 2000deleted text end new text begin 2009new text end , if a state law or
municipal charter sets a limit of deleted text begin $200deleted text end new text begin $300 new text end or less on the fines that a statutory or home rule
charter city, town, county, or other political subdivision may prescribe for an ordinance
violation that is defined as a petty misdemeanor, that law or charter is considered to
provide that the political subdivision has the power to prescribe a maximum fine of deleted text begin $300deleted text end
new text begin $500 new text end for the petty misdemeanor violation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to acts
committed on or after that date.
new text end

Sec. 15.

new text begin [609.0333] TEMPORARILY ADJUSTED MAXIMUM PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Misdemeanors outside controlled substances, DWI, domestic
abuse, contempt, and criminal codes; first-time offenses temporarily converted to
petty misdemeanors.
new text end

new text begin (a) Unless otherwise specified in a law enacted after January 1,
2009, a law that is not included within chapter 152, 169A, 518B, 588, or 609 and that
provides for misdemeanor punishment, or for payment of a fine of not more than $1,000,
or for a sentence of incarceration for 90 days or less with or without a fine, is deemed on
or after July 1, 2009, and continuing until June 30, 2011, to provide that the violator is
guilty of a petty misdemeanor.
new text end

new text begin (b) This subdivision applies only to instances in which the accused has not
previously been convicted of violating the provision.
new text end

new text begin Subd. 2. new text end

new text begin Misdemeanors under ordinances; first-time offenses temporarily
converted to petty misdemeanors.
new text end

new text begin (a) On or after July 1, 2009, and continuing until June
30, 2011, any ordinance of a local unit of government that provides for misdemeanor
punishment, or for payment of a fine of not more than $1,000, or for a sentence of
incarceration for 90 days or less with or without a fine, is deemed to provide that the
violator is guilty of a petty misdemeanor.
new text end

new text begin (b) This subdivision applies only to instances in which the accused has not
previously been convicted of violating the provision.
new text end

new text begin Subd. 3. new text end

new text begin Local units of government; no authority for certain period to
enact criminal penalties for first-time offenses.
new text end

new text begin Unless otherwise specified in a law
enacted after January 1, 2009, any law of this state or ordinance or charter of a local
unit of government that authorizes a local unit of government to prescribe a sentence of
incarceration for an ordinance violation is deemed on or after July 1, 2009, and continuing
until June 30, 2011, to provide that the local unit of government has the power to prescribe:
(1) a petty misdemeanor penalty for a person who has not previously been convicted of
violating the provision; or (2) a misdemeanor penalty for a person who has previously
been convicted of violating the provision.
new text end

new text begin Subd. 4. new text end

new text begin Reversion to misdemeanor. new text end

new text begin Any violation of law or ordinance converted
under subdivision 1 or 2 to a petty misdemeanor reverts back to a misdemeanor on and
after July 1, 2011.
new text end

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin This section is effective July 1, 2009, and applies
to acts committed on or after that date. This section expires July 2, 2011.
new text end

Sec. 16.

new text begin [609.0334] MISDEMEANOR PENALTIES TEMPORARILY REDUCED
TO PETTY MISDEMEANORS.
new text end

new text begin (a) On or after July 1, 2009, and continuing until June 30, 2011, the penalty levels
for a violation of the following sections are reduced from a misdemeanor to a petty
misdemeanor:
new text end

new text begin (1) 152.027, subdivision 3 (possession of small amount of marijuana in a motor
vehicle);
new text end

new text begin (2) 152.027, subdivision 4, paragraph (b) (possession or sale of small amount of
marijuana), if the person has no more than one prior conviction;
new text end

new text begin (3) 152.093 (manufacturing or delivering drug paraphernalia);
new text end

new text begin (4) 152.095 (advertisement of drug paraphernalia);
new text end

new text begin (5) 609.2246 (tattoos);
new text end

new text begin (6) 609.396, subdivision 1 (unauthorized presence at Camp Ripley);
new text end

new text begin (7) 609.53 (receiving stolen property), if the value is under $250;
new text end

new text begin (8) 609.535 (dishonored checks), if the value is under $125;
new text end

new text begin (9) 609.541, subdivision 2 (removal of library property), if the value is under $250;
new text end

new text begin (10) 609.551 (rustling and livestock theft), if the value is under $150;
new text end

new text begin (11) 609.576, subdivision 1, clause (3), item (i), (negligent fire), if the value is
under $150;
new text end

new text begin (12) 609.576, subdivision 2 (dangerous smoking), unless the person knows that the
act creates a risk of death or bodily harm or serious property damage;
new text end

new text begin (13) 609.595, subdivision 3 (criminal damage to property), if the value is under $250;
new text end

new text begin (14) 609.615, clause (1) (defeating security on realty), if the value is under $150;
new text end

new text begin (15) 609.65, clause (2) (false certification by a notary);
new text end

new text begin (16) 609.684 (abuse of toxic substances);
new text end

new text begin (17) 609.685 (underage tobacco crimes);
new text end

new text begin (18) 609.686, subdivision 1 (certain false fire alarm offenses);
new text end

new text begin (19) 609.735 (concealing identity);
new text end

new text begin (20) 609.755 (certain acts involving gambling);
new text end

new text begin (21) 609.77 (false information to news media);
new text end

new text begin (22) 609.78, subdivision 1 (certain emergency telephone call offenses);
new text end

new text begin (23) 609.815 (misconduct of junk or secondhand dealer);
new text end

new text begin (24) 609.82 (fraud in obtaining credit), if the value is under $250;
new text end

new text begin (25) 609.85, subdivisions 5 and 6 (placing obstruction on or allowing animals on
railroad tracks);
new text end

new text begin (26) 609.851, subdivision 1 (certain false traffic signal offenses);
new text end

new text begin (27) 609.855, subdivisions 1; 2, paragraph (c), clause (2); and 3 (certain crimes
involving transit);
new text end

new text begin (28) 609.88 (computer damage), if the value is under $250;
new text end

new text begin (29) 609.89 (computer theft), if the value is under $250;
new text end

new text begin (30) 609.891, subdivision 4 (certain unauthorized computer access offenses); and
new text end

new text begin (31) 609.893 (telecommunications fraud), if the value is under $250.
new text end

new text begin (b) Except as otherwise provided, the reductions in this section apply only to
offenses where the accused has not previously been convicted of violating that section.
new text end

new text begin (c) Any violation of law converted under this section to a petty misdemeanor reverts
back to a misdemeanor on and after July 1, 2011.
new text end

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin This section is effective July 1, 2009, and applies
to acts committed on or after that date. This section expires July 2, 2011.
new text end

Sec. 17.

new text begin [609.092] ADULT AND JUVENILE OFFENDERS; USE OF
RESTORATIVE JUSTICE.
new text end

new text begin Subdivision 1. new text end

new text begin First-time juvenile petty offenders; applicability; procedure. new text end

new text begin (a)
This subdivision applies to a child alleged to be a juvenile petty offender who:
new text end

new text begin (1) has not been previously adjudicated delinquent or as a petty offender;
new text end

new text begin (2) has not previously participated in or completed a diversion program for an
offense;
new text end

new text begin (3) has not previously been placed on probation without an adjudication for an
offense or received a continuance under section 260B.198, subdivision 7; and
new text end

new text begin (4) agrees to successfully complete a restorative justice program under this section.
new text end

new text begin (b) The prosecutor shall refer a child described in paragraph (a) to a restorative
justice program or provider that has been included on the approved provider list described
in subdivision 6. The program or provider shall arrange an appropriate outcome for the
matter using restorative justice concepts. The program or provider shall involve the victim
of the offense in the proceedings. If the victim is unwilling or unable to proceed, or if
there is no identifiable victim, the program or provider shall ensure that someone serves as
a proxy for the victim. The program or provider and child, along with other participants,
shall agree in writing to an appropriate sanction for the child. The sanction may include
any of the dispositions authorized in section 260B.235, if appropriate, along with any
other sanctions agreed to.
new text end

new text begin Subd. 2. new text end

new text begin Repeat juvenile petty offenders and nonviolent delinquent offenders;
applicability; procedure.
new text end

new text begin (a) As used in this subdivision, a "nonviolent offense" includes
offenses not defined as violent crimes in section 609.1095. However, the term includes all
violations of chapter 152.
new text end

new text begin (b) This subdivision applies to a child:
new text end

new text begin (1)(i) alleged to be a juvenile petty offender but who does not meet the criteria in
subdivision 1, paragraph (a), clauses (1) to (3); and
new text end

new text begin (ii) alleged to be delinquent solely on the basis of having committed a nonviolent
offense; and
new text end

new text begin (2) who agrees to successfully complete a restorative justice program under this
section.
new text end

new text begin (c) The prosecutor shall determine whether a restorative justice outcome under
this subdivision is appropriate for a child described in paragraph (b). If the prosecutor
determines it is appropriate, the child shall be referred to a restorative justice program or
provider that has been included on the approved provider list described in subdivision
6. The program or provider shall arrange an appropriate outcome for the matter using
restorative justice concepts. The program or provider shall involve the victim of the
offense in the proceedings. If the victim is unwilling or unable to proceed, or if there is
no identifiable victim, the program or provider shall ensure that someone serves as a
proxy for the victim. The program or provider and child, along with other participants,
shall agree in writing to an appropriate sanction for the child. The sanction may include
any of the dispositions authorized in section 260B.198, if appropriate, other than an
out-of-home placement or transfer of legal custody of the child, along with any other
sanctions agreed to.
new text end

new text begin Subd. 3. new text end

new text begin Adults; nonfelony offenders; applicability; procedure. new text end

new text begin (a) This
subdivision applies to adults alleged to have committed a petty misdemeanor,
misdemeanor, or gross misdemeanor offense who have agreed to successfully complete a
restorative justice program under this section.
new text end

new text begin (b) The prosecutor may determine whether a restorative justice outcome under
this subdivision is appropriate for a person described in paragraph (a). If the prosecutor
determines it is appropriate, the person shall be referred to a restorative justice program
or provider that has been included on the approved list described in subdivision 6. The
program or provider shall arrange an appropriate outcome for the matter using restorative
justice concepts. The program or provider shall involve the victim of the offense in the
proceedings. If the victim is unwilling or unable to proceed, or if there is no identifiable
victim, the program or provider shall ensure that someone serves as a proxy for the victim.
The program or provider and person, along with other participants, shall agree in writing
to an appropriate sanction for the person.
new text end

new text begin Subd. 4. new text end

new text begin Failure to comply. new text end

new text begin If a person fails to comply with the settlement
agreement, the person shall be referred back to the court for further proceedings.
new text end

new text begin Subd. 5. new text end

new text begin Dismissal of charge. new text end

new text begin Upon the successful completion by a person of the
sanctions agreed to in the settlement agreement, the program or provider shall notify the
court and the court shall dismiss the charge against the person.
new text end

new text begin Subd. 6. new text end

new text begin Approved list. new text end

new text begin The prosecutor shall maintain a list of approved restorative
justice programs and providers to which persons may be referred under this section.
new text end

new text begin Subd. 7. new text end

new text begin Preference for culturally specific programs. new text end

new text begin If a restorative justice
program or provider that is tailored in a more culturally specific manner to the person is
on the list of approved providers under subdivision 6, and the prosecutor is referring the
person to a restorative justice program or provider under this section, the prosecutor shall
refer the person to the more appropriate program or provider.
new text end

new text begin Subd. 8. new text end

new text begin Limitation; availability of programs. new text end

new text begin This section applies only in
jurisdictions where suitable restorative justice programs and providers are available.
new text end

new text begin Subd. 9. new text end

new text begin Definition. new text end

new text begin As used in this section, "restorative justice" has the meaning
given in section 611A.775. The term also includes Native American sentencing circles.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 18.

Minnesota Statutes 2008, section 609.095, is amended to read:


609.095 LIMITS OF SENTENCES.

(a) The legislature has the exclusive authority to define crimes and offenses and the
range of the sentences or punishments for their violation. No other or different sentence
or punishment shall be imposed for the commission of a crime than is authorized by this
chapter or other applicable law.

(b) Except as provided in section 152.18 or 609.375, or upon agreement of the
parties, a court may not refuse to adjudicate the guilt of a defendant who tenders a guilty
plea in accordance with Minnesota Rules of Criminal Procedure, rule 15, or who has been
found guilty by a court or jury following a trial.

(c) Paragraph (b) does not supersede Minnesota Rules of Criminal Procedure, rule
26.04.

new text begin (d) Except as otherwise specifically provided by state law and notwithstanding any
contrary charter provision or ordinance, no statutory or home rule charter city, county,
or town may impose administrative penalties to enforce a provision of this or any other
chapter of law having a felony, gross misdemeanor, misdemeanor, or petty misdemeanor
penalty.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 19.

Minnesota Statutes 2008, section 645.241, is amended to read:


645.241 PUNISHMENT FOR PROHIBITED ACTS.

When the performance of any act is prohibited by a statute, and no penalty deleted text begin for the
violation of the same shall be
deleted text end new text begin is new text end imposed deleted text begin in any statute, the doing of such act shall bedeleted text end new text begin , a
violation is: (1)
new text end a new text begin petty new text end misdemeanornew text begin if the offender has not previously been convicted
of violating the provision; or (2) a misdemeanor if the offender has previously been
convicted of violating the provision
new text end .

new text begin EFFECTIVE DATE; SUNSET. new text end

new text begin This section is effective July 1, 2009, and applies to
acts committed on or after that date. The amendments to this section expire June 30, 2011.
new text end

Sec. 20. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Substitution of petty misdemeanor for misdemeanor consistent
with section 15.
new text end

new text begin Unless otherwise specified in a law enacted after January 1, 2009, if a
statute that is not included within Minnesota Statutes, chapter 152, 169A, 518B, 588, or
609, provides for a misdemeanor penalty or for payment of a fine of $1,000 or less or for a
sentence of incarceration for 90 days or less, with or without a fine, the revisor of statutes,
consistent with section 15, subdivision 1, shall modify the statute in the 2010 edition of
Minnesota Statutes to specify that a first-time violator is guilty of a petty misdemeanor.
The revisor shall also make other necessary technical corrections and changes to those
statutes consistent with this article.
new text end

new text begin Subd. 2. new text end

new text begin Substitution of petty misdemeanor for misdemeanor consistent with
section 16.
new text end

new text begin In the 2010 edition of Minnesota Statutes, the revisor of statutes shall
substitute the term "petty misdemeanor" for the term "misdemeanor" in the statutes listed
in section 16, in a manner consistent with that section. The revisor shall also make other
necessary technical corrections and changes to those statutes consistent with this article.
new text end

new text begin Subd. 3. new text end

new text begin Preparation of bill. new text end

new text begin If the revisor of statutes determines that other changes
to statutes are required because of this article but are not authorized under this section or
the revisor's general editorial powers, the revisor shall prepare a bill for introduction in the
2010 legislative session to make these changes.
new text end

new text begin Subd. 4. new text end

new text begin Conversion back to misdemeanor. new text end

new text begin In the 2012 and subsequent editions
of Minnesota Statutes, the revisor of statutes shall modify the statutes described in
subdivisions 1 and 2 to reinstate the misdemeanor penalties that were temporarily
converted into petty misdemeanors under this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 21. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 383B.65, subdivision 2, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

ARTICLE 3

REPEAL OF CERTAIN MANDATORY SENTENCING PROVISIONS;

CHANGES TO CONTROLLED SUBSTANCES LAWS;

SUPERVISED RELEASE CHANGES

Section 1.

Minnesota Statutes 2008, section 152.01, subdivision 16, is amended to read:


Subd. 16.

Small amount.

new text begin (a) new text end "Small amount" as applied to marijuana means 42.5
grams or less. This provision shall not apply to the resinous form of marijuana.

new text begin (b) "Small amount" as applied to cocaine, heroin, or methamphetamine means 0.1
grams or less.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2008, section 152.01, is amended by adding a subdivision
to read:


new text begin Subd. 23. new text end

new text begin Aggravating factor. new text end

new text begin "Aggravating factor" includes situations where:
new text end

new text begin (1) the offender possessed a firearm;
new text end

new text begin (2) the offense was committed for the benefit of a criminal gang as provided in
section 609.229;
new text end

new text begin (3) the offense involved three or more separate sales;
new text end

new text begin (4) the offense involved the manufacture of a controlled substance for use by
someone other than the offender; or
new text end

new text begin (5) the offender used the offender's professional position or status as a doctor,
pharmacist, or other medical professional authorized to possess or dispense controlled
substances to facilitate the commission of the offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2008, section 152.01, is amended by adding a subdivision
to read:


new text begin Subd. 24. new text end

new text begin Marijuana plant. new text end

new text begin "Marijuana plant" means a plant having leaves and
a readily observable root formation of any species of the genus Cannabis, including all
agronomical varieties.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2008, section 152.021, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime in
the first degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures deleted text begin of a total weight of ten grams or moredeleted text end containing cocaine, heroin, or
methamphetaminedeleted text begin ;deleted text end new text begin of a total weight of:
new text end

new text begin (i) 40 grams or more; or
new text end

new text begin (ii) ten grams or more, if two or more aggravating factors were present when the
violation was committed;
new text end

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of 50 grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 200 or more dosage units; or

(4) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 50 kilograms or more containing marijuana or
Tetrahydrocannabinols, or one or more mixtures of a total weight of 25 kilograms or more
containing marijuana or Tetrahydrocannabinols in a school zone, a park zone, a public
housing zone, or a drug treatment facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2008, section 152.021, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

A person is guilty of a controlled substance crime in
the first degree if:

(1) the person unlawfully possesses one or more mixtures new text begin containing cocaine,
heroin, or methamphetamine
new text end of a total weight of deleted text begin 25deleted text end new text begin :
new text end

new text begin (i) 100 new text end grams or more deleted text begin containing cocaine, heroin, or methamphetaminedeleted text end ;new text begin or
new text end

new text begin (ii) 25 grams or more, if two or more aggravating factors were present when the
violation was committed;
new text end

(2) the person unlawfully possesses one or more mixtures of a total weight of 500
grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;

(3) the person unlawfully possesses one or more mixtures of a total weight of
500 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 500 or more dosage units; deleted text begin or
deleted text end

(4) the person unlawfully possesses one or more mixtures of a total weight of 100
kilograms or more containing marijuana or Tetrahydrocannabinolsdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (5) the person unlawfully possesses 100 or more marijuana plants. This clause
does not limit the power of the state to punish a person for conduct that constitutes a
crime under other laws of this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2008, section 152.021, subdivision 3, is amended to read:


Subd. 3.

Penalty.

(a) A person convicted under subdivisions 1 to 2a, paragraph (a),
may be sentenced to imprisonment for not more than 30 years or to payment of a fine of
not more than $1,000,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivisions 1 to 2a, paragraph (a), shall be committed to the
commissioner of corrections for not less than four years nor more than 40 years and, in
addition, may be sentenced to payment of a fine of not more than $1,000,000.
deleted text end

deleted text begin (c)deleted text end new text begin (b) new text end In a prosecution under subdivision 1 involving sales by the same person in
two or more counties within a 90-day period, the person may be prosecuted for all of the
sales in any county in which one of the sales occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 7.

Minnesota Statutes 2008, section 152.022, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

A person is guilty of controlled substance crime
in the second degree if:

(1) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures deleted text begin of a total weight of three grams or moredeleted text end containing cocaine, heroin, or
methamphetaminedeleted text begin ;deleted text end new text begin of a total weight of:
new text end

new text begin (i) ten grams or more; or
new text end

new text begin (ii) three grams or more, if two or more aggravating factors were present when the
violation was committed;
new text end

(2) on one or more occasions within a 90-day period the person unlawfully sells one
or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of ten grams or more containing amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance is packaged in dosage units,
equaling 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully sells
one or more mixtures of a total weight of 25 kilograms or more containing marijuana or
Tetrahydrocannabinols;

(5) the person unlawfully sells any amount of a schedule I or II narcotic drug to a
person under the age of 18, or conspires with or employs a person under the age of 18 to
unlawfully sell the substance; or

(6) the person unlawfully sells any of the following in a school zone, a park zone, a
public housing zone, or a drug treatment facility:

(i) any amount of a schedule I or II narcotic drug, lysergic acid diethylamide (LSD),
3,4-methylenedioxy amphetamine, or 3,4-methylenedioxymethamphetamine;

(ii) one or more mixtures containing methamphetamine or amphetamine; or

(iii) one or more mixtures of a total weight of five kilograms or more containing
marijuana or Tetrahydrocannabinols.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2008, section 152.022, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

A person is guilty of controlled substance crime in
the second degree if:

(1) the person unlawfully possesses one or more mixtures deleted text begin of a total weight of six
grams or more
deleted text end containing cocaine, heroin, or methamphetaminedeleted text begin ;deleted text end new text begin of a total weight of:
new text end

new text begin (i) 25 grams or more; or
new text end

new text begin (ii) six grams or more, if two or more aggravating factors were present when the
violation was committed;
new text end

(2) the person unlawfully possesses one or more mixtures of a total weight of 50
grams or more containing a narcotic drug other than cocaine, heroin, or methamphetamine;

(3) the person unlawfully possesses one or more mixtures of a total weight of
50 grams or more containing amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 100 or more dosage units; deleted text begin or
deleted text end

(4) the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinolsdeleted text begin .deleted text end new text begin ; or
new text end

new text begin (5) the person unlawfully possesses 50 or more marijuana plants. This clause does
not limit the power of the state to punish a person for conduct that constitutes a crime
under other laws of this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2008, section 152.022, subdivision 3, is amended to read:


Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 25 years or to payment of a fine of not more than
$500,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than three years nor more than 40 years and, in addition, may be sentenced to
payment of a fine of not more than $500,000.
deleted text end

deleted text begin (c)deleted text end new text begin (b) new text end In a prosecution under subdivision 1 involving sales by the same person in
two or more counties within a 90-day period, the person may be prosecuted for all of the
sales in any county in which one of the sales occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 10.

Minnesota Statutes 2008, section 152.023, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

A person is guilty of controlled substance crime in
the third degree if:

(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of deleted text begin threedeleted text end new text begin six new text end grams or more containing cocaine,
heroin, or methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug
other than cocaine, heroin, or methamphetamine;

(3) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures containing a narcotic drug, it is packaged in dosage units, and
equals 50 or more dosage units;

(4) on one or more occasions within a 90-day period the person unlawfully
possesses any amount of a schedule I or II narcotic drug or five or more dosage
units of lysergic acid diethylamide (LSD), 3,4-methylenedioxy amphetamine, or
3,4-methylenedioxymethamphetamine in a school zone, a park zone, a public housing
zone, or a drug treatment facility;

(5) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; deleted text begin or
deleted text end

(6) new text begin on one or more occasions within a 90-day period the person unlawfully possesses
25 or more marijuana plants. This clause does not limit the power of the state to punish a
person for conduct that constitutes a crime under other laws of this state; or
new text end

new text begin (7) new text end the person unlawfully possesses one or more mixtures containing
methamphetamine or amphetamine in a school zone, a park zone, a public housing zone,
or a drug treatment facility.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2008, section 152.023, subdivision 3, is amended to read:


Subd. 3.

Penalty.

(a) A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 20 years or to payment of a fine of not more than
$250,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
for not less than two years nor more than 30 years and, in addition, may be sentenced to
payment of a fine of not more than $250,000.
deleted text end

deleted text begin (c)deleted text end new text begin (b) new text end In a prosecution under subdivision 1 or 2 involving sales or acts of possession
by the same person in two or more counties within a 90-day period, the person may be
prosecuted in any county in which one of the sales or acts of possession occurred.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2008, section 152.024, subdivision 3, is amended to read:


Subd. 3.

Penalty.

deleted text begin (a)deleted text end A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than 15 years or to payment of a fine of not more than
$100,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
or to a local correctional authority for not less than one year nor more than 30 years and,
in addition, may be sentenced to payment of a fine of not more than $100,000.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13.

Minnesota Statutes 2008, section 152.025, subdivision 2, is amended to read:


Subd. 2.

Possession and other crimes.

A person is guilty of controlled substance
crime in the fifth degree if:

(1) the person unlawfully possesses one or more mixtures containing a controlled
substance classified in schedule I, II, III, or IV, except a small amount of marijuananew text begin ,
cocaine, heroin, or methamphetamine
new text end ; deleted text begin or
deleted text end

(2) the person procures, attempts to procure, possesses, or has control over a
controlled substance by any of the following means:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) using a false name or giving false credit; or

(iii) falsely assuming the title of, or falsely representing any person to be, a
manufacturer, wholesaler, pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized person for the purpose of
obtaining a controlled substancedeleted text begin .deleted text end new text begin ; or
new text end

new text begin (3) the person unlawfully possesses ten or more marijuana plants. This clause does
not limit the power of the state to punish a person for conduct that constitutes a crime
under other laws of this state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2008, section 152.025, subdivision 3, is amended to read:


Subd. 3.

Penalty.

deleted text begin (a)deleted text end A person convicted under subdivision 1 or 2 may be sentenced
to imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both.

deleted text begin (b) If the conviction is a subsequent controlled substance conviction, a person
convicted under subdivision 1 or 2 shall be committed to the commissioner of corrections
or to a local correctional authority for not less than six months nor more than ten years
and, in addition, may be sentenced to payment of a fine of not more than $20,000.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15.

Minnesota Statutes 2008, section 152.027, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Possession of a small amount of cocaine, heroin, or methamphetamine.
new text end

new text begin A person who unlawfully possesses a small amount of cocaine, heroin, or
methamphetamine is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2008, section 152.18, subdivision 1, is amended to read:


Subdivision 1.

Deferring prosecution for certain first time drug offenders.

If
any person who has not previously participated in or completed a diversion program
authorized under section 401.065 or who has not previously been placed on probation
without a judgment of guilty and thereafter been discharged from probation under
this section is found guilty of a violation of section 152.024, subdivision 2, 152.025,
subdivision 2
, or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance,
after trial or upon a plea of guilty, and the court determines that the violation does not
qualify as a subsequent controlled substance conviction under section 152.01, subdivision
16a
, the court deleted text begin maydeleted text end new text begin shallnew text end , without entering a judgment of guilty and with the consent of
the person, new text begin either (1) new text end new text begin new text end defer further proceedings and place the person on probation upon
such reasonable conditions as it may require and for a period, not to exceed the maximum
sentence provided for the violationdeleted text begin . The courtdeleted text end new text begin or (2) enter a written finding that states
substantial and compelling reasons why a deferral is inappropriate. For any other person
who is found guilty of a violation of section 152.024, subdivision 2; 152.025, subdivision
2; or 152.027, subdivision 2, 3, or 4, for possession of a controlled substance, after trial
or upon a plea of guilty, and the court determines that the violation does not qualify as a
subsequent controlled substance conviction under section 152.01, subdivision 16a, the
court may, without entering a judgment of guilty and with the consent of the person, defer
further proceedings and place the person on probation upon such reasonable conditions
as it may require and for a period not to exceed the maximum sentence provided for the
violation. If the court grants a deferral, it
new text end may give the person the opportunity to attend
and participate in an appropriate program of education regarding the nature and effects of
alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and proceed as otherwise provided.
The court may, in its discretion, dismiss the proceedings against the person and discharge
the person from probation before the expiration of the maximum period prescribed for the
person's probation. If during the period of probation the person does not violate any of the
conditions of the probation, then upon expiration of the period the court shall discharge the
person and dismiss the proceedings against that person. Discharge and dismissal under this
subdivision shall be without court adjudication of guilt, but a not public record of it shall
be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts
in determining the merits of subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of a criminal investigation,
prosecution, or sentencing. Upon request by law enforcement, prosecution, or corrections
authorities, the bureau shall notify the requesting party of the existence of the not public
record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this subdivision to the bureau which
shall make and maintain the not public record of it as provided under this subdivision. The
discharge or dismissal shall not be deemed a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section
13.02, subdivision 8a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2008, section 169A.275, subdivision 3, is amended to read:


Subd. 3.

Fourth offense.

(a) Unless the court commits the person to the custody of
the commissioner of corrections deleted text begin as provided in section 169A.276 (mandatory penalties;
felony violations)
deleted text end , the court shall sentence a person who is convicted of a violation of
section 169A.20 (driving while impaired) within ten years of the first of three qualified
prior impaired driving incidents to either:

(1) a minimum of 180 days of incarceration, at least 30 days of which must be served
consecutively in a local correctional facility;

(2) a program of intensive supervision of the type described in section 169A.74
(pilot programs of intensive probation for repeat DWI offenders) that requires the person
to consecutively serve at least six days in a local correctional facility; or

(3) a program of staggered sentencing involving a minimum of 180 days of
incarceration, at least 30 days of which must be served consecutively in a local
correctional facility.

(b) The court may order that the person serve not more than 150 days of the
minimum penalty under paragraph (a), clause (1), on home detention or in an intensive
probation program described in section 169A.74. Notwithstanding section 609.135, the
penalties in this subdivision must be imposed and executed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 18.

Minnesota Statutes 2008, section 169A.275, subdivision 4, is amended to read:


Subd. 4.

Fifth offense or more.

(a) Unless the court commits the person to the
custody of the commissioner of corrections deleted text begin as provided in section 169A.276 (mandatory
penalties; felony violations)
deleted text end , the court shall sentence a person who is convicted of a
violation of section 169A.20 (driving while impaired) within ten years of the first of four
or more qualified prior impaired driving incidents to either:

(1) a minimum of one year of incarceration, at least 60 days of which must be served
consecutively in a local correctional facility;

(2) a program of intensive supervision of the type described in section 169A.74
(pilot programs of intensive probation for repeat DWI offenders) that requires the person
to consecutively serve at least six days in a local correctional facility; or

(3) a program of staggered sentencing involving a minimum of one year of
incarceration, at least 60 days of which must be served consecutively in a local
correctional facility.

(b) The court may order that the person serve the remainder of the minimum penalty
under paragraph (a), clause (1), on intensive probation using an electronic monitoring
system or, if such a system is unavailable, on home detention. Notwithstanding section
609.135, the penalties in this subdivision must be imposed and executed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2008, section 169A.275, subdivision 5, is amended to read:


Subd. 5.

Level of care recommended in chemical use assessment.

Unless the
court commits the person to the custody of the commissioner of corrections deleted text begin as provided in
section 169A.276 (mandatory penalties; felony violations)
deleted text end , in addition to other penalties
required under this section, the court shall order a person to submit to the level of care
recommended in the chemical use assessment conducted under section 169A.70 (alcohol
safety program; chemical use assessments) if the person is convicted of violating section
169A.20 (driving while impaired) while having an alcohol concentration of 0.20 or more
as measured at the time, or within two hours of the time, of the offense or if the violation
occurs within ten years of one or more qualified prior impaired driving incidents.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 20.

Minnesota Statutes 2008, section 169A.276, subdivision 1, is amended to read:


Subdivision 1.

Mandatory deleted text begin prison sentencedeleted text end new text begin conditional release periodnew text end .

deleted text begin (a) The
court shall sentence a person who is convicted of a violation of section 169A.20 (driving
while impaired) under the circumstances described in section 169A.24 (first-degree
driving while impaired) to imprisonment for not less than three years. In addition, the
court may order the person to pay a fine of not more than $14,000.
deleted text end

deleted text begin (b) The court may stay execution of this mandatory sentence as provided in
subdivision 2 (stay of mandatory sentence), but may not stay imposition or adjudication of
the sentence or impose a sentence that has a duration of less than three years.
deleted text end

deleted text begin (c) An offender committed to the custody of the commissioner of corrections
under this subdivision is not eligible for release as provided in section 241.26, 244.065,
244.12, or 244.17, unless the offender has successfully completed a chemical dependency
treatment program while in prison.
deleted text end

deleted text begin (d)deleted text end new text begin (a) new text end Notwithstanding the statutory maximum sentence provided in section
169A.24 (first-degree driving while impaired), when the court commits a person to the
custody of the commissioner of corrections deleted text begin under this subdivisiondeleted text end , it shall provide that
after the person has been released from prison the commissioner shall place the person
on conditional release for five years. The commissioner shall impose any conditions of
release that the commissioner deems appropriate including, but not limited to, successful
completion of an intensive probation program as described in section 169A.74 (pilot
programs of intensive probation for repeat DWI offenders). If the person fails to comply
with any condition of release, the commissioner may revoke the person's conditional
release and order the person to serve all or part of the remaining portion of the conditional
release term in prison. The commissioner may not dismiss the person from supervision
before the conditional release term expires. Except as otherwise provided in this section,
conditional release is governed by provisions relating to supervised release. The failure
of a court to direct the commissioner of corrections to place the person on conditional
release, as required in this paragraph, does not affect the applicability of the conditional
release provisions to the person.

deleted text begin (e)deleted text end new text begin (b) new text end The commissioner shall require persons placed on supervised or conditional
release under this subdivision to pay as much of the costs of the supervision as possible.
The commissioner shall develop appropriate standards for this.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 21.

Minnesota Statutes 2008, section 169A.276, subdivision 2, is amended to read:


Subd. 2.

Stay of mandatory sentence.

The provisions of sections 169A.275
(mandatory penalties; nonfelony violations), subdivision 3 or 4, and subdivision 5, and
169A.283 (stay of execution of sentence), apply if the court stays execution of deleted text begin thedeleted text end new text begin a felony
DWI offender's
new text end sentence deleted text begin under subdivision 1 (mandatory prison sentence)deleted text end . In addition,
the provisions of section 169A.277 (long-term monitoring) may apply.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 22.

Minnesota Statutes 2008, section 243.166, subdivision 5, is amended to read:


Subd. 5.

Criminal penalty.

deleted text begin (a)deleted text end A person required to register under this section who
knowingly violates any of its provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau is guilty of a felony and may
be sentenced to imprisonment for not more than five years or to payment of a fine of
not more than $10,000, or both.

deleted text begin (b) Except as provided in paragraph (c), a person convicted of violating paragraph
(a) shall be committed to the custody of the commissioner of corrections for not less than
a year and a day, nor more than five years.
deleted text end

deleted text begin (c) A person convicted of violating paragraph (a), who has previously been convicted
of or adjudicated delinquent for violating this section or a similar statute of another state
or the United States, shall be committed to the custody of the commissioner of corrections
for not less than two years, nor more than five years.
deleted text end

deleted text begin (d) Prior to the time of sentencing, the prosecutor may file a motion to have the
person sentenced without regard to the mandatory minimum sentence established by this
subdivision. The motion must be accompanied by a statement on the record of the reasons
for it. When presented with the motion, or on its own motion, the court may sentence the
person without regard to the mandatory minimum sentence if the court finds substantial
and compelling reasons to do so. Sentencing a person in the manner described in this
paragraph is a departure from the Sentencing Guidelines.
deleted text end

deleted text begin (e) A person convicted and sentenced as required by this subdivision is not
eligible for probation, parole, discharge, work release, conditional release, or supervised
release, until that person has served the full term of imprisonment as provided by law,
notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12, and
609.135.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 23.

Minnesota Statutes 2008, section 244.01, subdivision 8, is amended to read:


Subd. 8.

Term of imprisonment.

"Term of imprisonment," as applied to inmates
whose crimes were committed before August 1, 1993, is the period of time for which an
inmate is committed to the custody of the commissioner of corrections minus earned good
time. "Term of imprisonment," as applied to inmates whose crimes were committed on or
after August 1, 1993, is the period of time equal to deleted text begin two-thirdsdeleted text end new text begin 60 percent new text end of the inmate's
executed sentence.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 24.

Minnesota Statutes 2008, section 244.04, subdivision 1, is amended to read:


Subdivision 1.

Reduction of sentence; inmates sentenced for crimes committed
before 1993.

Notwithstanding the provisions of section 609.11, subdivision 6, and
Minnesota Statutes 2004, section 609.109, subdivision 1, the term of imprisonment of
any inmate sentenced to a presumptive fixed sentence after May 1, 1980, and whose
crime was committed before August 1, 1993, shall be reduced in duration by deleted text begin one daydeleted text end new text begin two
days
new text end for each deleted text begin twodeleted text end new text begin three new text end days during which the inmate violates none of the disciplinary
offense rules promulgated by the commissioner. The reduction shall accrue to the period
of supervised release to be served by the inmate, except that the period of supervised
release for a sex offender conditionally released by the commissioner under section
609.3455 is governed by that provision.

Except as otherwise provided in subdivision 2, if an inmate whose crime was
committed before August 1, 1993, violates a disciplinary offense rule promulgated by the
commissioner, good time earned prior to the violation may not be taken away, but the
inmate may be required to serve an appropriate portion of the term of imprisonment after
the violation without earning good time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 25.

Minnesota Statutes 2008, section 244.04, subdivision 1a, is amended to read:


Subd. 1a.

Reduction of sentence; inmates sentenced before 1980.

Every inmate
sentenced before May 1, 1980, for any term other than life, confined in a state adult
correctional facility or on parole therefrom, may diminish the maximum term of sentence
deleted text begin one daydeleted text end new text begin two days new text end for each deleted text begin twodeleted text end new text begin three new text end days during which the inmate has not violated any
facility rule or discipline.

The commissioner of corrections, in view of the aggravated nature and frequency
of offenses, may take away any or all of the good time previously gained, and, in
consideration of mitigating circumstances or ignorance on the part of the inmate, may
afterwards restore the inmate, in whole or in part, to the standing the inmate possessed
before such good time was taken away.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 26.

Minnesota Statutes 2008, section 244.101, subdivision 1, is amended to read:


Subdivision 1.

Executed sentences.

When a felony offender is sentenced to a fixed
executed sentence for an offense committed on or after August 1, 1993, the executed
sentence consists of two parts: (1) a specified minimum term of imprisonment that is
equal to deleted text begin two-thirdsdeleted text end new text begin 60 percent new text end of the executed sentence; and (2) a specified maximum
supervised release term that is equal to deleted text begin one-thirddeleted text end new text begin 40 percent new text end of the executed sentence. The
amount of time the inmate actually serves in prison and on supervised release is subject to
the provisions of section 244.05, subdivision 1b.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 27.

Minnesota Statutes 2008, section 244.14, subdivision 3, is amended to read:


Subd. 3.

Sanctions.

The commissioner shall impose severe and meaningful
sanctions for violating the conditions of an intensive community supervision program.
The commissioner shall provide for revocation of intensive community supervision of an
offender who:

(1) commits a material violation of or repeatedly fails to follow the rules of the
program;

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse
of alcohol or controlled substances. The revocation of intensive community supervision is
governed by the procedures in the commissioner's rules adopted under section 244.05,
subdivision 2
.

An offender whose intensive community supervision is revoked shall be imprisoned
for a time period equal to the offender's term of imprisonment, but in no case for longer
than the time remaining in the offender's sentence. "Term of imprisonment" means a
time period equal to deleted text begin two-thirdsdeleted text end new text begin 60 percent new text end of the sentence originally executed by the
sentencing court, minus jail credit, if any.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 28.

Minnesota Statutes 2008, section 244.171, subdivision 4, is amended to read:


Subd. 4.

Sanctions.

The commissioner shall impose severe and meaningful
sanctions for violating the conditions of the challenge incarceration program. The
commissioner shall remove an offender from the challenge incarceration program if the
offender:

(1) commits a material violation of or repeatedly fails to follow the rules of the
program;

(2) commits any misdemeanor, gross misdemeanor, or felony offense; or

(3) presents a risk to the public, based on the offender's behavior, attitude, or abuse
of alcohol or controlled substances. The removal of an offender from the challenge
incarceration program is governed by the procedures in the commissioner's rules adopted
under section 244.05, subdivision 2.

An offender who is removed from the challenge incarceration program shall be
imprisoned for a time period equal to the offender's term of imprisonment, minus earned
good time if any, but in no case for longer than the time remaining in the offender's
sentence. "Term of imprisonment" means a time period equal to deleted text begin two-thirdsdeleted text end new text begin 60 percent new text end of
the sentence originally executed by the sentencing court, minus jail credit, if any.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 29.

new text begin [244.30] CAP ON INCARCERATION FOR FIRST-TIME SUPERVISED
RELEASE VIOLATIONS; EXCEPTION FOR SEX OFFENDERS.
new text end

new text begin (a) If the commissioner revokes the supervised release of a person whose release
on the current offense has not previously been revoked, the commissioner may order the
person to be incarcerated for no more than 90 days or until the expiration of the person's
sentence, whichever is less.
new text end

new text begin (b) This section does not apply to offenders on supervised release for a violation of
section 609.342, 609.343, 609.344, 609.345, 609.3451, or 609.3453.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30.

Minnesota Statutes 2008, section 609.105, subdivision 1a, is amended to read:


Subd. 1a.

Definitions.

(a) The terms in this subdivision apply to this section.

(b) "Remaining term of imprisonment" as applied to inmates whose crimes were
committed before August 1, 1993, is the period of time for which an inmate is committed
to the custody of the commissioner of corrections minus earned good time and jail credit,
if any.

(c) "Remaining term of imprisonment" as applied to inmates whose crimes were
committed on or after August 1, 1993, is the period of time equal to deleted text begin two-thirdsdeleted text end new text begin 60 percent
new text end of the inmate's executed sentence, minus jail credit, if any.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 31.

Minnesota Statutes 2008, section 643.29, subdivision 1, is amended to read:


Subdivision 1.

"Good conduct" allowance.

Any person sentenced for a term
to any county jail, workhouse, or correctional work farm, whether the term is part of
an executed sentence or is imposed as a condition of probation, shall, when sentenced
to serve ten days or more, diminish the term of the sentence deleted text begin one daydeleted text end new text begin two days new text end for each
deleted text begin twodeleted text end new text begin three new text end days served, commencing on the day of arrival, during which the person has
not violated any rule or discipline of the place wherein the person is incarcerated and, if
required to labor, has labored with diligence and fidelity.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 32. new text begin RERANKING OF FELONY DWI.
new text end

new text begin The Minnesota Sentencing Guidelines Commission shall consider reranking
violations of Minnesota Statutes, section 169A.24 (felony DWI), at severity level V or VI.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 33. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 152.026, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end