SF 2273

3rd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to criminal justice; appropriating money for
the courts, public defenders, public safety,
corrections, and other criminal justice agencies;
establishing, funding, modifying, and regulating
public safety, criminal justice, judiciary, law
enforcement, corrections, crime victims, and CriMNet
policies, programs, duties, activities, or practices;
requiring studies and reports; imposing criminal and
civil penalties; setting or increasing fines,
surcharges, and fees; amending Minnesota Statutes
2004, sections 14.03, subdivision 3; 16C.09; 152.01,
subdivision 10; 152.021, subdivisions 2a, 3; 168A.05,
subdivision 3; 171.06, by adding a subdivision;
171.20, subdivision 4; 171.26; 237.70, subdivision 7;
241.06; 241.67, subdivisions 7, 8; 243.166; 243.167;
244.04, subdivision 1; 244.05, subdivisions 2, 4, 5,
6, 7; 244.052, subdivisions 3, 4, by adding a
subdivision; 244.09, subdivision 11; 244.10,
subdivision 2a, by adding a subdivision; 244.18,
subdivision 2; 253B.08, subdivision 1; 253B.18,
subdivision 5, by adding a subdivision; 260C.171, by
adding a subdivision; 299A.38, subdivisions 2, 2a, 3;
299C.65, subdivisions 1, 2, 5, by adding a
subdivision; 340A.301, subdivision 6; 340A.302,
subdivision 3; 340A.311; 340A.404, subdivision 12;
340A.408, subdivision 4; 340A.414, subdivision 6;
340A.504, subdivisions 3, 7; 357.021, subdivisions 2,
6, 7; 357.18; 403.02, subdivisions 7, 13, 17, by
adding a subdivision; 403.025, subdivisions 3, 7;
403.05, subdivision 3; 403.07, subdivision 3; 403.08,
subdivision 10; 403.11, subdivisions 1, 3, 3a;
403.113, subdivision 1; 403.27, subdivisions 1, 3;
403.30, subdivision 1; 505.08, subdivision 2; 508.82;
508A.82; 515B.1-116; 518B.01, subdivision 22; 604.15,
subdivision 2, by adding a subdivision; 609.108,
subdivisions 1, 3, 4, 6; 609.109, subdivisions 2, 5;
609.1095, subdivision 1; 609.115, by adding a
subdivision; 609.117, subdivisions 1, 2; 609.119;
609.1351; 609.185; 609.223, by adding a subdivision;
609.2231, by adding a subdivision; 609.229,
subdivision 3; 609.321, subdivisions 1, 7, by adding
subdivisions; 609.325, by adding a subdivision;
609.341, subdivision 14, by adding a subdivision;
609.342, subdivisions 2, 3; 609.343, subdivisions 2,
3; 609.344, subdivisions 2, 3; 609.345, subdivisions
2, 3; 609.3452, subdivision 1; 609.347; 609.3471;
609.348; 609.353; 609.485, subdivisions 2, 4; 609.487,
by adding a subdivision; 609.50, subdivision 1;
609.527, subdivisions 1, 3, 4, 6, by adding a
subdivision; 609.531, subdivision 1; 609.5315,
subdivision 1, by adding a subdivision; 609.746,
subdivision 1; 609.748, subdivisions 2, 3a; 609.749,
subdivision 2; 609.79, subdivision 2; 609.795, by
adding a subdivision; 617.81, subdivision 4, by adding
a subdivision; 617.85; 626.556, subdivision 3; 628.26;
631.045; proposing coding for new law in Minnesota
Statutes, chapters 152; 237; 243; 244; 299A; 299C;
325F; 357; 403; 609; repealing Minnesota Statutes
2004, sections 18C.005, subdivisions 1a, 35a; 18C.201,
subdivisions 6, 7; 18D.331, subdivision 5; 243.166,
subdivisions 1, 8; 299A.68; 299C.65, subdivisions 3,
4, 6, 7, 8, 8a, 9; 386.30; 403.30, subdivision 3;
609.106, subdivision 2; 609.108, subdivision 2;
609.109, subdivision 7; 609.725.

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

ARTICLE 1

PUBLIC SAFETY APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS.
new text end

The sums shown in the columns marked "APPROPRIATIONS" are
added to or, if shown in parentheses, are subtracted from the
appropriations to the specified agencies in 2005 S.F. No. 1879,
article 9, if enacted. The appropriations are from the general
fund, unless another fund is named, and are available for the
fiscal year indicated for each purpose. The figures "2006" and
"2007," where used in this article, mean that the additions to
or subtractions from the appropriations listed under them are
for the fiscal year ending June 30, 2006, or June 30, 2007,
respectively. The term "first year" means the fiscal year
ending June 30, 2006, and the term "second year" means the
fiscal year ending June 30, 2007.
SUMMARY BY FUND

2006 2007 TOTAL

GENERAL $ 46,268,000 $52,239,000 $ 98,507,000

STATE GOVERNMENT
SPECIAL REVENUE 16,368,000 16,688,000 33,056,000

SPECIAL REVENUE 1,400,000 1,400,000 2,800,000

BOND PROCEEDS 62,500,000 -0- 62,500,000

TOTAL $126,536,000 $70,327,000 $196,863,000

APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007

Sec. 2. SUPREME COURT $ 6,090,000 $ 6,041,000

[CASELOAD INCREASES.] $1,090,000 the
first year and $1,041,000 the second
year are for caseload increases.

[CIVIL LEGAL SERVICES.] $5,000,000 each
year is for legal services under
Minnesota Statutes, sections 480.24 to
480.244.

[PROHIBITION ON USE OF APPROPRIATIONS
FOR JUDICIAL SALARY INCREASES.] No
portion of these appropriations may be
used for judicial salary increases.

Sec. 3. COURT OF APPEALS 250,000 250,000

For caseload increases.

[PROHIBITION ON USE OF APPROPRIATIONS
FOR JUDICIAL SALARY INCREASES.] No
portion of these appropriations may be
used for judicial salary increases.

Sec. 4. DISTRICT COURTS 9,275,000 11,592,000

[CASELOAD INCREASES.] $6,671,000 each
year is for caseload increases.

[SEX AND METHAMPHETAMINE OFFENSES.]
$3,600,000 the first year and
$7,200,000 the second year are for the
sex and methamphetamine offense
sentencing changes made in this act.

[SPECIALTY COURTS.] $250,000 each year
is to develop or expand specialty
courts such as drug courts and mental
health courts.

By January 15, 2008, the state court
administrator shall report to the
chairs and ranking minority members of
the senate and house committees and
divisions having jurisdiction over
criminal justice policy and funding on
how this money was used.

[PROHIBITION ON USE OF APPROPRIATIONS
FOR JUDICIAL SALARY INCREASES.] No
portion of these appropriations may be
used for judicial salary increases.

Sec. 5. UNIFORM LAWS COMMISSION 5,000 5,000

For national conference dues.

Sec. 6. BOARD OF PUBLIC DEFENSE 5,495,000 9,295,000

[CASELOAD INCREASES.] $1,695,000 each
year is for caseload increases.

[SEX AND METHAMPHETAMINE OFFENSES.]
$3,800,000 the first year and
$7,600,000 the second year are for the
sex and methamphetamine offense
sentencing changes made in this act.

Sec. 7. PUBLIC SAFETY

Subdivision 1.

Total
Appropriation 90,418,000 28,285,000

Summary by Fund

General 10,150,000 10,197,000

State Government
Special Revenue 16,368,000 16,688,000

Special Revenue 1,400,000 1,400,000

Bond Proceeds 62,500,000 -0-

[AGENCYWIDE ADMINISTRATIVE
CUT.] (270,000) (270,000)

This is an agencywide administrative
cut.

[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Criminal Apprehension 4,976,000 5,023,000

[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and
$2,318,000 the second year are to
replace the automated fingerprint
identification system (AFIS).

[PREDATORY OFFENDER REGISTRATION
SYSTEM.] $1,146,000 the first year and
$564,000 the second year are to upgrade
the predatory offender registration
(POR) system and to increase the
monitoring and tracking of registered
offenders who become noncompliant with
the law.

[CRIMINAL JUSTICE INFORMATION SYSTEMS
(CJIS) AUDIT TRAIL.] $374,000 the first
year and $203,000 the second year are
for the Criminal Justice Information
Systems (CJIS) audit trail.

[DNA ANALYSIS OF FELON OFFENDERS.]
$857,000 the first year and $869,000
the second year are to fund the
analyses of biological samples from
felon offenders.

[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the
ongoing costs of Livescan.

[TEN NEW AGENTS.] $1,000,000 each year
is for ten Bureau of Criminal
Apprehension agents to be assigned
exclusively to methamphetamine
enforcement, including the
investigation of manufacturing and
distributing methamphetamine and
related violence. These appropriations
are intended to increase the current
allocation of Bureau of Criminal
Apprehension resources dedicated to
methamphetamine enforcement. Positions
funded by these appropriations may not
supplant existing agent assignments or
positions.

Subd. 3.

Fire Marshal 600,000 600,000

Subd. 4.

Office of Justice
Programs 6,244,000 6,244,000

Summary by Fund

General 4,844,000 4,844,000

Special Revenue 1,400,000 1,400,000

[CRIME VICTIM ASSISTANCE GRANTS
INCREASE.] $1,270,000 each year is to
increase funding for crime victim
assistance grants for abused children,
sexual assault, battered women, and
general crime victims.

[BATTERED WOMEN'S SHELTER GRANTS.]
$1,000,000 each year is to increase
funding for battered women's shelters
under Minnesota Statutes, section
611A.32, and for safe houses.

[GANG STRIKE FORCE.] $2,374,000 each
year is for the criminal gang strike
force.

The superintendent of the Bureau of
Criminal Apprehension shall convene a
working group of stakeholders
representing the multijurisdictional
narcotics task forces in operation in
Minnesota, the Criminal Gang Oversight
Council and Strike Force, and other
individuals knowledgeable in narcotics
and gang issues. The working group
shall review the operational structure
and organization of the narcotics task
forces and Criminal Gang Oversight
Council and Strike Force, the
legislative authority and laws
governing them, and any needs related
to them. In addition, the working
group shall recommend whether a merger
of these entities is advisable. By
January 15, 2006, the superintendent
shall report the working group's
findings and recommendations to the
chairs and ranking minority members of
the senate and house committees and
divisions having jurisdiction over
criminal justice policy and funding.
If the working group recommends a
merger, the report must include
legislation to accomplish this and, at
a minimum, address: methods to ensure
that the current focus on criminal
gangs is not lost in any merger; how
money will be allocated between
narcotics and gang enforcement within
any merged entity; and data privacy
issues related to the merger.

[MINNESOTA FINANCIAL CRIMES TASK
FORCE.] $1,400,000 each year is from
the Minnesota Financial Crimes
Oversight Council account in Minnesota
Statutes, section 299A.68, subdivision
10, for the Minnesota Financial Crimes
Task Force.

[HOMELESSNESS PILOT PROJECTS.] $200,000
each year is for the homelessness pilot
projects described in article 9,
section 34.

[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant program.

Subd. 5.

911 Emergency
Services/ARMER 16,368,000 16,688,000

This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.

The total appropriation for this
purpose, consisting of this
appropriation plus the appropriation in
2005 S.F. No. 1879, article 9, section
9, subdivision 7, if enacted, must be
spent as provided in this subdivision.

$3,442,000 the first year and
$3,064,000 the second year are to fund
a deficiency due to prior year
obligations under Minnesota Statutes,
section 403.11, that were estimated in
the December 2004 911 fund statement to
be $6,504,700 on July 1, 2005. "Prior
year obligations" means reimbursable
costs under Minnesota Statutes, section
403.11, subdivision 1, incurred under
the terms and conditions of a contract
with the state for a fiscal year
preceding fiscal year 2004, that have
been certified in a timely manner in
accordance with Minnesota Statutes,
section 403.11, subdivision 3a, and
that are not barred by statute of
limitation or other defense. The
appropriations needed for this purpose
are estimated to be none in fiscal year
2008 and thereafter.

$13,640,000 the first year and
$13,664,000 the second year are to be
distributed as provided in Minnesota
Statutes, section 403.113, subdivision
2. This appropriation may only be used
for public safety answering points that
have implemented phase two wireless
enhanced 911 service or whose
governmental agency has made a binding
commitment to the commissioner of
public safety to implement phase two
wireless enhanced 911 service by
January 1, 2008. If revenue to the
account is insufficient to support all
appropriations from the account for a
fiscal year, this appropriation takes
priority over other appropriations,
except the open appropriation in
Minnesota Statutes, section 403.30,
subdivision 1, for debt service on
bonds previously sold.

$682,000 the first year and $683,000
the second year are for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East and
Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.

$6,138,000 the first year and
$6,149,000 the second year are to the
commissioner of finance to pay debt
service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this appropriation not
needed to pay debt service in a fiscal
year may be used by the commissioner of
public safety to pay cash for any of
the capital improvements for which bond
proceeds have been appropriated in
subdivision 6.

Subd. 6.

800 MHz Public Safety
Radio and Communication System 62,500,000

The appropriations in this subdivision
are from the 911 revenue bond proceeds
account to the commissioner of public
safety for the purposes indicated, to
be available until the project is
completed or abandoned, subject to
Minnesota Statutes, section 16A.642.

(a) Phase 2 Subsystems 8,000,000

For a grant to the Metropolitan
Emergency Services Board to pay up to
50 percent of the cost to a local
government unit of building a subsystem
as part of the second phase of the
public safety radio and communication
system plan under Minnesota Statutes,
section 403.36.

(b) Phase 3 System Backbone 45,000,000

For the Statewide Radio Board to
construct the system backbone in the
third phase of the public safety radio
and communication system plan under
Minnesota Statutes, section 403.36.

(c) Phase 3 Subsystems 9,500,000

To reimburse local units of government
for up to 50 percent of the cost of
building a subsystem of the public
safety radio and communication system
established under Minnesota Statutes,
section 403.36, in the southeast or
central district of the State Patrol.

(d) Bond Sale Authorization

To provide the money appropriated in
this subdivision, the commissioner of
finance shall sell and issue bonds of
the state in an amount up to
$62,500,000 in the manner, upon the
terms, and with the effect prescribed
by Minnesota Statutes, section 403.275.

Sec. 8. BOARD OF PEACE OFFICER
STANDARDS AND TRAINING 211,000 71,000

[OPERATION OF BOARD.] $71,000 each year
is for the board's continued operation.

[TECHNOLOGICAL UPDATES.] $140,000 the
first year is for technological updates.

[NOT INCLUDED IN BASE BUDGET.] These
appropriations are not added to the
board's base budget.

Sec. 9. CORRECTIONS

Subdivision 1.

Total
Appropriation 14,785,000 14,788,000

[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.

Subd. 2.

Correctional
Institutions 6,534,000 6,537,000

Notwithstanding any law to the
contrary, the commissioner may use per
diems collected under contracts for
beds at MCF-Rush City to operate the
state correctional system.

[LEVEL III OFFENDER TRACKING AND
APPREHENSION.] $70,000 each year is to
track and apprehend level III predatory
offenders.

[SEX OFFENDER TREATMENT AND
TRANSITIONAL SERVICES.] $1,500,000 each
year is for sex offender treatment and
transitional services.

[HEALTH SERVICES.] $3,016,000 the first
year and $3,015,000 the second year are
for health services.

[SEX AND METHAMPHETAMINE OFFENSES.]
$1,373,000 the first year and
$1,377,000 the second year are for the
sex and methamphetamine offense
sentencing changes made in this act.

[CHEMICAL DEPENDENCY TREATMENT.]
$1,500,000 each year is for chemical
dependency treatment programs.

[WORKING GROUP ON INMATE LABOR.] The
commissioner of corrections and the
commissioner of the Minnesota Housing
Finance Agency shall convene a working
group to study the feasibility of using
inmate labor to build low-income
housing manufactured at MCF-Faribault.
The working group consists of: the
chief executive officer of MINNCOR
Industries; representatives from the
Builders Association of America,
Minnesota AFL-CIO, Association of
Minnesota Counties, Minnesota
Manufactured Housing Association,
Habitat for Humanity, and Minnesota
Housing Partnership, selected by those
organizations; and any other
individuals deemed appropriate by the
commissioners.

By January 15, 2006, the working group
shall report its findings and
recommendations to the chairs and
ranking minority members of the senate
and house of representatives committees
and divisions having jurisdiction over
criminal justice policy and funding and
jobs, housing, and community
development policy and funding.

Subd. 3.

Community Services 8,651,000 8,651,000

[END OF CONFINEMENT REVIEWS.] $94,000
each year is for end of confinement
reviews.

[SEX OFFENDER TRACKING.] $162,000 each
year is for the acquisition of
bracelets equipped with tracking
devices designed to track and monitor
the movement and location of criminal
offenders. The commissioner shall use
the bracelets to monitor high-risk sex
offenders who are on supervised release
or probation to help ensure that the
offenders do not violate conditions of
their release or probation.

[COMMUNITY SURVEILLANCE AND
SUPERVISION.] $1,370,000 each year is
to provide housing options to maximize
community surveillance and supervision.

[INCREASE IN INTENSIVE SUPERVISED
RELEASE SERVICES.] $1,800,000 each year
is to increase intensive supervised
release services.

[SEX OFFENDER ASSESSMENT
REIMBURSEMENTS.] $350,000 each year is
to provide grants to counties for
reimbursements for sex offender
assessments as required under Minnesota
Statutes, section 609.3452, subdivision
1.

[SEX OFFENDER TREATMENT AND
POLYGRAPHS.] $1,250,000 each year is to
provide treatment for sex offenders on
community supervision and to pay for
polygraph testing.

[INCREASED SUPERVISION OF SEX
OFFENDERS, DOMESTIC VIOLENCE OFFENDERS,
AND OTHER VIOLENT OFFENDERS.]
$2,000,000 each year is for enhanced
supervision of felony sex offenders,
domestic violence offenders, and other
violent offenders by employing
additional probation officers to reduce
the caseloads of probation officers
supervising these offenders on
probation or supervised release.

The commissioner shall distribute the
funds according to the formula
contained in Minnesota Statutes,
section 401.10. Each Community
Corrections Act jurisdiction, counties
providing probation services under the
authority of Minnesota Statutes,
section 244.19, and the department's
probation and supervised release unit
shall submit to the commissioner an
analysis of need along with a plan to
meet these needs and reduce offender
caseloads. Upon approval of the plans
for Community Corrections Act counties,
the commissioner shall distribute the
non-Community Corrections Act
allocation based on statewide need.
The Community Corrections Act
allocation must be disbursed as a grant
to each Community Corrections Act
jurisdiction. These grants may not be
used to supplant existing state or
county probation officer positions.

[CHEMICAL DEPENDENCY TREATMENT AND
AFTERCARE GRANTS.] $1,000,000 each year
is for grants to counties to provide
community-based chemical dependency
treatment and aftercare. The
commissioner shall distribute the
appropriation to counties according to
the formula contained in Minnesota
Statutes, section 401.10. In those
counties where correctional services
are shared by the Department of
Corrections and county court services,
the commissioner shall determine the
distribution of the grants.

The commissioner shall ensure that any
part of this appropriation spent on
medical assistance-eligible individuals
earns the maximum medical assistance
match available from the federal
government.

[INTENSIVE SUPERVISION AND AFTERCARE
FOR CONTROLLED SUBSTANCES OFFENDERS.]
$625,000 each year is for intensive
supervision and aftercare services for
controlled substances offenders
released from prison under Minnesota
Statutes, section 244.055. These
appropriations are not added to the
department's base budget. By January
15, 2008, the commissioner shall report
to the chairs and ranking minority
members of the senate and house
committees and divisions having
jurisdiction over criminal justice
policy and funding on how this
appropriation was spent, including an
assessment on the offenders' transition
from prison into the community and
recidivism data.

[REPORT ON ELECTRONIC MONITORING OF SEX
OFFENDERS.] By February 15, 2006, the
commissioner of corrections shall
report to the chairs and ranking
minority members of the senate and
house committees and divisions having
jurisdiction over criminal justice
policy and funding on implementing an
electronic monitoring system for sex
offenders who are under community
supervision. The report must address
the following:

(1) the advantages and disadvantages in
implementing this, including the impact
on public safety;

(2) the types of sex offenders who
should be subject to the monitoring;

(3) the time period that offenders
should be subject to the monitoring;

(4) the financial costs associated with
the monitoring and who should be
responsible for these costs; and

(5) the technology available for the
monitoring.

Subd. 4.

Operations Support (400,000) (400,000)

This is an agencywide administrative
cut.

Sec. 10. BOARD OF VETERINARY
MEDICINE 7,000 -0-

For the study on animal products that
may be used in the manufacture of
methamphetamine described in article 6,
section 15.

ARTICLE 2

SEX OFFENDERS:
MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND
REPEAT SEX OFFENSES; CONDITIONAL RELEASE;
OTHER SENTENCING CHANGES

Section 1.

Minnesota Statutes 2004, 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 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 one day for each two 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
deleted text begin sentenced and deleted text end conditionally released by the commissioner under
section deleted text begin 609.108, subdivision 5, deleted text end new text begin 609.3455 new text end 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 August 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.05,
subdivision 2, is amended to read:

Subd. 2.

Rules.

The commissioner of corrections shall
adopt by rule standards and procedures for the revocation of
supervised new text begin or conditional new text end release, and shall specify the period
of revocation for each violation of deleted text begin supervised deleted text end release.
Procedures for the revocation of deleted text begin supervised deleted text end release shall
provide due process of law for the inmate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.05,
subdivision 4, is amended to read:

Subd. 4.

Minimum imprisonment, life sentence.

An inmate
serving a mandatory life sentence under section deleted text begin 609.106 deleted text end new text begin 609.185
new text end must not be given supervised release under this section. An
inmate serving a mandatory life sentence under section deleted text begin 609.185,
clause (1), (3), (5), or (6); or deleted text end 609.109, subdivision deleted text begin 2a deleted text end new text begin 3 new text end , must
not be given supervised release under this section without
having served a minimum term of 30 years. An inmate serving a
mandatory life sentence under section 609.385 must not be given
supervised release under this section without having served a
minimum term of imprisonment of 17 years. new text begin An inmate serving a
mandatory life sentence under section 609.342, subdivision 2,
paragraph (b); 609.343, subdivision 2, paragraph (b); or
609.3455 must not be given supervised release under this section
without having served the minimum term of imprisonment specified
by the court in its sentence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:

Subd. 5.

Supervised release, life sentence.

(a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section deleted text begin 609.185, clause (1), (3),
(5), or (6); deleted text end 609.109, subdivision deleted text begin 2a deleted text end new text begin 3 new text end ; new text begin 609.342, subdivision 2,
paragraph (b); 609.343, subdivision 2, paragraph (b); 609.3455;
new text end or 609.385 after the inmate has served the minimum term of
imprisonment specified in subdivision 4.

(b) The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate.

(c) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.

(d) new text begin When considering whether to give supervised release to
an inmate serving a life sentence under section 609.342,
subdivision 2, paragraph (b); 609.343, subdivision 2, paragraph
(b); or 609.3455, the commissioner shall consider, at a minimum,
the following: the risk the inmate poses to the community if
released, the inmate's progress in treatment, the inmate's
behavior while incarcerated, psychological or other diagnostic
evaluations of the inmate, the inmate's criminal history, and
any other relevant conduct of the inmate while incarcerated or
before incarceration. However, the commissioner may not give
supervised release to the inmate unless:
new text end

new text begin (1) while in prison, the inmate has successfully completed
appropriate sex offender treatment;
new text end

new text begin (2) while in prison, the inmate has been assessed for
chemical dependency needs and, if appropriate, has successfully
completed chemical dependency treatment;
new text end

new text begin (3) while in prison, the inmate has been assessed for
mental health needs and, if appropriate, has successfully
completed mental health treatment; and
new text end

new text begin (4) a comprehensive individual release plan is in place for
the inmate that ensures that, after release, the inmate will
have suitable housing and receive appropriate aftercare and
community-based treatment, and includes a postprison employment
or education plan for the inmate.
new text end

new text begin (e) new text end As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 244.05,
subdivision 6, is amended to read:

Subd. 6.

Intensive supervised release.

The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under sections
609.342 to 609.345 or was sentenced under the provisions of
section 609.108. The commissioner may impose appropriate
conditions of release on the inmate including but not limited to
unannounced searches of the inmate's person, vehicle, or
premises by an intensive supervision agent; compliance with
court-ordered restitution, if any; random drug testing; house
arrest; daily curfews; frequent face-to-face contacts with an
assigned intensive supervision agent; work, education, or
treatment requirements; and electronic surveillance. In
addition, any sex offender placed on intensive supervised
release may be ordered to participate in an appropriate sex
offender program as a condition of release. If the inmate
violates the conditions of the intensive supervised release, the
commissioner shall impose sanctions as provided in subdivision 3
and section deleted text begin 609.108 deleted text end new text begin 609.3455 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.108,
subdivision 1, is amended to read:

Subdivision 1.

Mandatory increased sentence.

deleted text begin (a) deleted text end A court
shall commit a person to the commissioner of corrections for a
period of time that is not less than double the presumptive
sentence under the Sentencing Guidelines and not more than the
statutory maximum, or if the statutory maximum is less than
double the presumptive sentence, for a period of time that is
equal to the statutory maximum, if:

(1) the court is imposing an executed sentence deleted text begin , based on a
Sentencing Guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, deleted text end on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343,
609.344, deleted text begin or deleted text end 609.345, or deleted text begin on a person convicted of committing or
attempting to commit any other crime listed in subdivision 3 if
it reasonably appears to the court that the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal
deleted text end new text begin 609.3453 new text end ;

(2) the deleted text begin court finds deleted text end new text begin fact finder determines new text end that the
offender is a danger to public safety; and

(3) the deleted text begin court finds deleted text end new text begin fact finder determines new text end that the
deleted text begin offender needs long-term treatment or supervision deleted text end new text begin offender's
criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic
intervention or other long-term treatment or supervision
extending new text end beyond the presumptive term of imprisonment and
supervised release. deleted text begin The finding must be based on a professional
assessment by an examiner experienced in evaluating sex
offenders that concludes that the offender is a patterned sex
offender. The assessment must contain the facts upon which the
conclusion is based, with reference to the offense history of
the offender or the severity of the current offense, the social
history of the offender, and the results of an examination of
the offender's mental status unless the offender refuses to be
examined. The conclusion may not be based on testing alone. A
patterned sex offender is one whose criminal sexual behavior is
so engrained that the risk of reoffending is great without
intensive psychotherapeutic intervention or other long-term
controls.
deleted text end

deleted text begin (b) The court shall consider imposing a sentence under this
section whenever a person is convicted of violating section
609.342 or 609.343.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.108,
subdivision 3, is amended to read:

Subd. 3.

Predatory crime.

deleted text begin A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1. deleted text end new text begin As used in this section, "predatory
crime" has the meaning given in section 609.341, subdivision 22.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.108,
subdivision 4, is amended to read:

Subd. 4.

Danger to public safety.

The deleted text begin court shall base
its finding deleted text end new text begin fact finder shall base its determination new text end that the
offender is a danger to public safety on any of the following
factors:

(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the Sentencing Guidelines;

(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including:

(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 or 609.2242
if committed by an adult; or

(ii) a violation or attempted violation of a similar law of
any other state or the United States; or

(3) the offender planned or prepared for the crime prior to
its commission.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.108,
subdivision 6, is amended to read:

Subd. 6.

Conditional release.

At the time of sentencing
under subdivision 1, the court shall provide that after the
offender has completed the sentence imposed, less any good time
earned by an offender whose crime was committed before August 1,
1993, the commissioner of corrections shall place the offender
on conditional release for the remainder of the statutory
maximum period, or for ten years, whichever is longer. new text begin The
terms of conditional release are governed by section 609.3455.
new text end

deleted text begin The conditions of release may include successful completion
of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the
commissioner considers appropriate. Before the offender is
released, the commissioner shall notify the sentencing court,
the prosecutor in the jurisdiction where the offender was
sentenced, and the victim of the offender's crime, where
available, of the terms of the offender's conditional release.
If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve all or a part of the remaining
portion of the conditional release term in prison. The
commissioner shall not dismiss the offender from supervision
before the conditional release term expires.
deleted text end

deleted text begin Conditional release granted under this subdivision is
governed by provisions relating to supervised release, except as
otherwise provided in this subdivision, section 244.04,
subdivision 1, or 244.05.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:

new text begin Subd. 22. new text end

new text begin Predatory crime. new text end

new text begin "Predatory crime" means a
felony violation of section 609.185, 609.19, 609.195, 609.20,
609.205, 609.221, 609.222, 609.223, 609.24, 609.245, 609.25,
609.255, 609.498, 609.561, or 609.582, subdivision 1.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.342,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided
in new text begin paragraph (b); new text end section 609.109 new text begin ; or 609.3455 new text end , a person
convicted under subdivision 1 may be sentenced to imprisonment
for not more than 30 years deleted text begin or to a payment of a fine of not more
than $40,000, or both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. Sentencing a
person in a manner other than that described in this paragraph
is a departure from the Sentencing Guidelines.

new text begin (b) The court shall sentence a person to imprisonment for
life if the person is convicted under subdivision 1, clause (c),
(d), (e), (f), or (h), and the fact finder determines beyond a
reasonable doubt that any of the following circumstances exist:
new text end

new text begin (1) the offender tortured the complainant;
new text end

new text begin (2) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (3) the offender intentionally mutilated the complainant;
new text end

new text begin (4) the offender exposed the complainant to extreme
inhumane conditions;
new text end

new text begin (5) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
new text end

new text begin (6) the offense involved sexual penetration or sexual
contact with more than one victim; or
new text end

new text begin (7) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant.
new text end

new text begin The fact finder may not consider a circumstance described
in clauses (1) to (7), if it is an element of the underlying
specified violation of subdivision 1.
new text end

new text begin When sentencing an offender under this paragraph, the court
shall specify a minimum term of imprisonment, based on the
sentencing guidelines or any applicable mandatory minimum
sentence, that must be served before the offender may be
considered for supervised release.
new text end

new text begin (c) As used in this subdivision:
new text end

new text begin (1) "extreme inhumane conditions" means situations where,
either before or after the sexual penetration, the offender
knowingly causes or permits the complainant to be placed in a
situation likely to cause the complainant severe ongoing mental,
emotional, or psychological harm, or causes the complainant's
death;
new text end

new text begin (2) "mutilation" means the intentional infliction of
physical abuse designed to cause serious permanent disfigurement
or permanent or protracted loss or impairment of the functions
of any bodily member or organ, where the offender relishes the
infliction of the abuse, evidencing debasement or perversion;
and
new text end

new text begin (3) "torture" means the intentional infliction of extreme
mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
new text end

new text begin (d) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $40,000.
new text end

new text begin (e) Notwithstanding the statutory maximum sentence
described in paragraph (a) or (b), the person is also subject to
conditional release as provided in section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.342,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (g), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.343,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

(a) Except as otherwise provided in
new text begin paragraph (b); new text end section 609.109 new text begin ; or 609.3455 new text end , a person convicted
under subdivision 1 may be sentenced to imprisonment for not
more than 25 years deleted text begin or to a payment of a fine of not more than
$35,000, or both deleted text end .

deleted text begin (b) deleted text end Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 90 months must be imposed on an
offender convicted of violating subdivision 1, clause (c), (d),
(e), (f), or (h). Sentencing a person in a manner other than
that described in this paragraph is a departure from the
Sentencing Guidelines.

new text begin (b) The court shall sentence a person to imprisonment for
life if the person is convicted under subdivision 1, clause (c),
(d), (e), (f), or (h), and the fact finder determines beyond a
reasonable doubt that any of the following circumstances exist:
new text end

new text begin (1) the offender tortured the complainant;
new text end

new text begin (2) the offender intentionally inflicted great bodily harm
upon the complainant;
new text end

new text begin (3) the offender intentionally mutilated the complainant;
new text end

new text begin (4) the offender exposed the complainant to extreme
inhumane conditions;
new text end

new text begin (5) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
new text end

new text begin (6) the offense involved sexual penetration or sexual
contact with more than one victim; or
new text end

new text begin (7) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant.
new text end

new text begin The fact finder may not consider a circumstance described
in clauses (1) to (7), if it is an element of the underlying
specified violation of subdivision 1.
new text end

new text begin When sentencing an offender under this paragraph, the court
shall specify a minimum term of imprisonment, based on the
sentencing guidelines or any applicable mandatory minimum
sentence, that must be served before the offender may be
considered for supervised release.
new text end

new text begin (c) As used in this subdivision:
new text end

new text begin (1) "extreme inhumane conditions" means situations where,
either before or after the sexual penetration, the offender
knowingly causes or permits the complainant to be placed in a
situation likely to cause the complainant severe ongoing mental,
emotional, or psychological harm, or causes the complainant's
death;
new text end

new text begin (2) "mutilation" means the intentional infliction of
physical abuse designed to cause serious permanent disfigurement
or permanent or protracted loss or impairment of the functions
of any bodily member or organ, where the offender relishes the
infliction of the abuse, evidencing debasement or perversion;
and
new text end

new text begin (3) "torture" means the intentional infliction of extreme
mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
new text end

new text begin (d) In addition to the sentence imposed under paragraph (a)
or (b), the person may also be sentenced to the payment of a
fine of not more than $35,000.
new text end

new text begin (e) Notwithstanding the statutory maximum sentence
described in paragraph (a) or (b), the person is also subject to
conditional release as provided in section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 609.343,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (g), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2004, section 609.344,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin Except as otherwise provided in
section 609.3455, new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 15 years or to a
payment of a fine of not more than $30,000, or
both. new text begin Notwithstanding this statutory maximum sentence, the
person is also subject to conditional release as provided in
section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.344,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (f), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 609.345,
subdivision 2, is amended to read:

Subd. 2.

Penalty.

new text begin Except as otherwise provided in
section 609.3455, new text end a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than ten years or to a
payment of a fine of not more than $20,000, or
both. new text begin Notwithstanding this statutory maximum sentence, the
person is also subject to conditional release as provided in
section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2004, section 609.345,
subdivision 3, is amended to read:

Subd. 3.

Stay.

Except when imprisonment is required
under section 609.109 new text begin or 609.3455 new text end , if a person is convicted
under subdivision 1, clause (f), the court may stay imposition
or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or
the family unit; and

(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.

If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment
program; and

(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 19.

new text begin [609.3453] CRIMINAL SEXUAL PREDATORY CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin A person is guilty of
criminal sexual predatory conduct if the person commits a
predatory crime that was motivated by the offender's sexual
impulses or was part of a predatory pattern of behavior that had
criminal sexual conduct as its goal.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) Except as provided in section
609.3455, the statutory maximum sentence for a violation of
subdivision 1 is: (1) 25 percent longer than for the underlying
predatory crime; or (2) 50 percent longer than for the
underlying predatory crime, if the violation is committed by a
person with a previous sex offense conviction, as defined in
section 609.3455, subdivision 1.
new text end

new text begin (b) In addition to the sentence imposed under paragraph
(a), the person may also be sentenced to the payment of a fine
of not more than $20,000.
new text end

new text begin (c) Notwithstanding the statutory maximum sentence
described in paragraph (a), the person is also subject to
conditional release as provided in section 609.3455.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 20.

new text begin [609.3455] DANGEROUS SEX OFFENDERS; LIFE
SENTENCES; CONDITIONAL RELEASE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given.
new text end

new text begin (b) "Conviction" includes a conviction as an extended
jurisdiction juvenile under section 260B.130 for a violation of,
or an attempt to violate, section 609.342, 609.343, 609.344, or
609.3453.
new text end

new text begin (c) A conviction is considered a "previous sex offense
conviction" if the offender was convicted and sentenced for a
sex offense before the commission of the present offense.
new text end

new text begin (d) A conviction is considered a "prior sex offense
conviction" if the offender was convicted of committing a sex
offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for
the first offense before the commission of the present offense,
and the convictions involved separate behavioral incidents.
new text end

new text begin (e) "Sex offense" means any violation of, or attempt to
violate, section 609.342, 609.343, 609.344, 609.345, 609.3451,
609.3453, or any similar statute of the United States, this
state, or any other state.
new text end

new text begin (f) An offender has "two previous sex offense convictions"
only if the offender was convicted and sentenced for a sex
offense committed after the offender was earlier convicted and
sentenced for a sex offense and both convictions preceded the
commission of the present offense of conviction.
new text end

new text begin Subd. 2. new text end

new text begin Mandatory life sentence. new text end

new text begin (a) Notwithstanding
the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence an offender to imprisonment
for life if the offender is convicted of violating section
609.342, 609.343, 609.344, 609.345, or 609.3453 if:
new text end

new text begin (1) the offender has two previous sex offense convictions;
new text end

new text begin (2) the offender has a previous sex offense conviction and:
new text end

new text begin (i) the present offense involved an aggravating factor that
would provide grounds for an upward departure under the
sentencing guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
new text end

new text begin (ii) the offender received an upward departure from the
sentencing guidelines for the previous sex offense conviction;
or
new text end

new text begin (iii) the offender was sentenced under section 609.108 for
the previous sex offense conviction; or
new text end

new text begin (3) the offender has two prior sex offense convictions, the
prior convictions and present offense involved at least three
separate victims, and:
new text end

new text begin (i) the present offense involved an aggravating factor that
would provide grounds for an upward departure under the
sentencing guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
new text end

new text begin (ii) the offender received an upward departure from the
sentencing guidelines for one of the prior sex offense
convictions; or
new text end

new text begin (iii) the offender was sentenced under section 609.108 for
one of the prior sex offense convictions.
new text end

new text begin (b) Notwithstanding paragraph (a), a court may not sentence
an offender to imprisonment for life under that paragraph for a
violation of section 609.345, unless the offender's previous or
prior sex offense convictions that are being used as the basis
for the sentence are for violations of section 609.342, 609.343,
609.344, or 609.3453, or any similar statute of the United
States, this state, or any other state.
new text end

new text begin Subd. 3. new text end

new text begin Life sentences; minimum term of
imprisonment. new text end

new text begin At the time of sentencing under subdivision 2,
the court shall specify a minimum term of imprisonment, based on
the sentencing guidelines or any applicable mandatory minimum
sentence, that must be served before the offender may be
considered for supervised release.
new text end

new text begin Subd. 4. new text end

new text begin Mandatory ten-year conditional release term.
new text end

new text begin Notwithstanding the statutory maximum sentence otherwise
applicable to the offense and unless a longer conditional
release term is required in subdivision 5, when a court commits
an offender to the custody of the commissioner of corrections
for a violation of section 609.342, 609.343, 609.344, 609.345,
or 609.3453, the court shall provide that, after the offender
has completed the sentence imposed, the commissioner shall place
the offender on conditional release for ten years, minus the
time the offender served on supervised release.
new text end

new text begin Subd. 5. new text end

new text begin Mandatory lifetime conditional release term. new text end

new text begin (a)
When a court sentences an offender under subdivision 2 or
section 609.342, subdivision 2, paragraph (b); or 609.343,
subdivision 2, paragraph (b), the court shall provide that, if
the offender is released from prison, the commissioner of
corrections shall place the offender on conditional release for
the remainder of the offender's life.
new text end

new text begin (b) Notwithstanding the statutory maximum sentence
otherwise applicable to the offense, when the court commits an
offender to the custody of the commissioner of corrections for a
violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453, and the offender has a previous or prior sex offense
conviction, the court shall provide that, after the offender has
completed the sentence imposed, the commissioner shall place the
offender on conditional release for the remainder of the
offender's life.
new text end

new text begin (c) Notwithstanding paragraph (b), an offender may not be
placed on lifetime conditional release under that paragraph for
a violation of section 609.345, unless the offender's previous
or prior sex offense conviction that is being used as the basis
for the placement is for a violation of section 609.342,
609.343, 609.344, or 609.3453, or any similar statute of the
United States, this state, or any other state.
new text end

new text begin Subd. 6. new text end

new text begin Terms of conditional release; applicable to all
sex offenders. new text end

new text begin (a) The provisions of this subdivision apply to
all sex offenders placed on conditional release. Except as
provided in this subdivision, conditional release of sex
offenders is governed by provisions relating to supervised
release. The commissioner of corrections may not dismiss an
offender on conditional release from supervision until the
offender's conditional release term expires.
new text end

new text begin (b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. Before the
offender is released, the commissioner shall notify the
sentencing court, the prosecutor in the jurisdiction where the
offender was sentenced, and the victim of the offender's crime,
where available, of the terms of the offender's conditional
release. If the offender fails to meet any condition of
release, the commissioner may revoke the offender's conditional
release and order that the offender serve all or a part of the
remaining portion of the conditional release term in prison.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
and applies to crimes committed on or after that date.
new text end

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

new text begin Minnesota Statutes 2004, sections 609.108, subdivision 2;
and 609.109, subdivision 7, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 3

SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION;
COMMUNITY NOTIFICATION; NONSENTENCING CHANGES

Section 1.

Minnesota Statutes 2004, section 243.166, is
amended to read:

243.166 REGISTRATION OF PREDATORY OFFENDERS.

deleted text begin Subdivision 1. deleted text end

deleted text begin Registration required. deleted text end

deleted text begin (a) A person shall
register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
deleted text end

deleted text begin (i) murder under section 609.185, clause (2); or
deleted text end

deleted text begin (ii) kidnapping under section 609.25; or
deleted text end

deleted text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
deleted text end

deleted text begin (iv) indecent exposure under section 617.23, subdivision 3;
or
deleted text end

deleted text begin (2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
deleted text end

deleted text begin (3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
deleted text end

deleted text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
deleted text end

deleted text begin (b) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
deleted text end

deleted text begin (2) the person enters the state to reside, or to work or
attend school; and
deleted text end

deleted text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
deleted text end

deleted text begin For purposes of this paragraph:
deleted text end

deleted text begin (i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
deleted text end

deleted text begin (ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
deleted text end

deleted text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
deleted text end

deleted text begin (d) A person also shall register under this section if:
deleted text end

deleted text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
deleted text end

deleted text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
deleted text end

deleted text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
deleted text end

new text begin Subd. 1a. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
unless the context clearly indicates otherwise, the following
terms have the meanings given them.
new text end

new text begin (b) "Bureau" means the Bureau of Criminal Apprehension.
new text end

new text begin (c) "Dwelling" means the building where the person lives
under a formal or informal agreement to do so.
new text end

new text begin (d) "Incarceration" and "confinement" do not include
electronic home monitoring.
new text end

new text begin (e) "Law enforcement authority" or "authority" means, with
respect to a home rule charter or statutory city, the chief of
police, and with respect to an unincorporated area, the county
sheriff.
new text end

new text begin (f) "Motor vehicle" has the meaning given for "vehicle" in
section 169.01, subdivision 2.
new text end

new text begin (g) "Primary address" means the mailing address of the
person's dwelling. If the mailing address is different from the
actual location of the dwelling, "primary address" also includes
the physical location of the dwelling described with as much
specificity as possible.
new text end

new text begin (h) "School" includes any public or private educational
institution, including any secondary school, trade, or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time basis or part-time
basis.
new text end

new text begin (i) "Secondary address" means the mailing address of any
place where the person regularly or occasionally stays overnight
when not staying at the person's primary address. If the
mailing address is different from the actual location of the
place, "secondary address" also includes the physical location
of the place described with as much specificity as possible.
new text end

new text begin (j) "Treatment facility" means a residential facility, as
defined in section 244.052, subdivision 1, and residential
chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to,
those facilities directly or indirectly assisted by any
department or agency of the United States.
new text end

new text begin (k) "Work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
new text end

new text begin Subd. 1b. new text end

new text begin Registration required. new text end

new text begin (a) A person shall
register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances:
new text end

new text begin (i) murder under section 609.185, paragraph (a), clause
(2);
new text end

new text begin (ii) kidnapping under section 609.25;
new text end

new text begin (iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
or
new text end

new text begin (iv) indecent exposure under section 617.23, subdivision 3;
new text end

new text begin (2) the person was charged with or petitioned for a
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit false imprisonment in violation of section
609.255, subdivision 2; soliciting a minor to engage in
prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of
section 609.352; using a minor in a sexual performance in
violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted
of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
new text end

new text begin (3) the person was sentenced as a patterned sex offender
under section 609.108; or
new text end

new text begin (4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
new text end

new text begin (b) A person also shall register under this section if:
new text end

new text begin (1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
new text end

new text begin (2) the person enters the state to reside, work, or attend
school, or enters the state and remains for 14 days or longer;
and
new text end

new text begin (3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person shall
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
new text end

new text begin A person described in this paragraph shall register with
the bureau within five days after the registration requirement
becomes applicable.
new text end

new text begin (c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
new text end

new text begin (d) A person also shall register under this section if:
new text end

new text begin (1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
new text end

new text begin (2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
new text end

new text begin (3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
new text end

Subd. 2.

Notice.

When a person who is required to
register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration
requirements, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition
order. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed
sex offender registration form, the complaint, and sentencing
documents to the bureau deleted text begin of Criminal Apprehension deleted text end . If a person
required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (a), was
not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section. When a person who is required to register under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of
the requirements of this section. The treatment facility shall
also obtain the registration information required under this
section and forward it to the bureau deleted text begin of Criminal Apprehension deleted text end .

Subd. 3.

Registration procedure.

(a) new text begin Except as provided
in subdivision 3a, new text end a person required to register under this
section shall register with the corrections agent as soon as the
agent is assigned to the person. If the person does not have an
assigned corrections agent or is unable to locate the assigned
corrections agent, the person shall register with the law
enforcement deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end .

(b) new text begin Except as provided in subdivision 3a, new text end at least five
days before the person starts living at a new primary address,
including living in another state, the person shall give written
notice of the new primary deleted text begin living deleted text end address to the assigned
corrections agent or to the law enforcement authority with which
the person currently is registered. If the person will be
living in a new state and that state has a registration
requirement, the person shall also give written notice of the
new address to the designated registration agency in the new
state. A person required to register under this section shall
also give written notice to the assigned corrections agent or to
the law enforcement authority that has jurisdiction in the area
of the person's deleted text begin residence deleted text end new text begin primary address new text end that the person is no
longer living or staying at an address, immediately after the
person is no longer living or staying at that address. The
corrections agent or law enforcement authority shall, within two
business days after receipt of this information, forward it to
the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau deleted text begin of Criminal
Apprehension deleted text end shall, if it has not already been done, notify the
law enforcement authority having primary jurisdiction in the
community where the person will live of the new address. If the
person is leaving the state, the bureau deleted text begin of Criminal Apprehension
deleted text end shall notify the registration authority in the new state of the
new address. deleted text begin If the person's obligation to register arose under
subdivision 1, paragraph (b), deleted text end The person's registration
requirements under this section terminate deleted text begin when deleted text end new text begin after new text end the person
begins living in the new state new text begin and the bureau has confirmed the
address in the other state through the annual verification
process on at least one occasion new text end .

(c) A person required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement
deleted text begin agency deleted text end new text begin authority new text end that has jurisdiction in the area where the
person works or attends school. In addition to other
information required by this section, the person shall provide
the address of the school or of the location where the person is
employed. A person deleted text begin must deleted text end new text begin shall new text end comply with this paragraph within
five days of beginning employment or school. A person's
obligation to register under this paragraph terminates when the
person is no longer working or attending school in Minnesota.

(d) A person required to register under this section who
works or attends school outside of Minnesota shall register as a
predatory offender in the state where the person works or
attends school. The person's corrections agent, or if the
person does not have an assigned corrections agent, the law
enforcement authority that has jurisdiction in the area of the
person's deleted text begin residence deleted text end new text begin primary address new text end shall notify the person of
this requirement.

new text begin Subd. 3a. new text end

new text begin Registration procedure when person lacks
primary address. new text end

new text begin (a) If a person leaves a primary address and
does not have a new primary address, the person shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours of the time the
person no longer has a primary address.
new text end

new text begin (b) A person who lacks a primary address shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours after entering
the jurisdiction. Each time a person who lacks a primary
address moves to a new jurisdiction without acquiring a new
primary address, the person shall register with the law
enforcement authority that has jurisdiction in the area where
the person is staying within 24 hours after entering the
jurisdiction.
new text end

new text begin (c) Upon registering under this subdivision, the person
shall provide the law enforcement authority with all of the
information the individual is required to provide under
subdivision 4a. However, instead of reporting the person's
primary address, the person shall describe the location of where
the person is staying with as much specificity as possible.
new text end

new text begin (d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall
report in person on a weekly basis to the law enforcement
authority with jurisdiction in the area where the person is
staying. This weekly report shall occur between the hours of
9:00 a.m. and 5:00 p.m. The person is not required to provide
the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided
under subdivision 4a or this subdivision and shall otherwise
comply with this subdivision.
new text end

new text begin (e) If the law enforcement authority determines that it is
impractical, due to the person's unique circumstances, to
require a person lacking a primary address to report weekly and
in person as required under paragraph (d), the authority may
authorize the person to follow an alternative reporting
procedure. The authority shall consult with the person's
corrections agent, if the person has one, in establishing the
specific criteria of this alternative procedure, subject to the
following requirements:
new text end

new text begin (1) The authority shall document, in the person's
registration record, the specific reasons why the weekly
in-person reporting process is impractical for the person to
follow.
new text end

new text begin (2) The authority shall explain how the alternative
reporting procedure furthers the public safety objectives of
this section.
new text end

new text begin (3) The authority shall require the person lacking a
primary address to report in person at least monthly to the
authority or the person's corrections agent and shall specify
the location where the person shall report. If the authority
determines it would be more practical and would further public
safety for the person to report to another law enforcement
authority with jurisdiction where the person is staying, it may,
after consulting with the other law enforcement authority,
include this requirement in the person's alternative reporting
process.
new text end

new text begin (4) The authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph
(d), if the person moves to a new area where this process would
be practical.
new text end

new text begin (5) The authority shall require the person to report any
changes to the registration information provided under
subdivision 4a and to comply with the periodic registration
requirements specified under paragraph (f).
new text end

new text begin (6) The authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if
the person moves to a primary address.
new text end

new text begin (f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the
person shall provide the authority with all of the information
the individual is required to provide under subdivision 4a and
this subdivision at least annually, unless the person is
required to register under subdivision 1b, paragraph (c),
following commitment pursuant to a court commitment under
section 253B.185 or a similar law of another state or the United
States. If the person is required to register under subdivision
1b, paragraph (c), the person shall provide the law enforcement
authority with all of the information the individual is required
to report under subdivision 4a and this subdivision at least
once every three months.
new text end

new text begin (g) A law enforcement authority receiving information under
this subdivision shall forward registration information and
changes to that information to the bureau within two business
days of receipt of the information.
new text end

new text begin (h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks
a primary address, and the person shall comply with the
requirements for a person who lacks a primary address.
new text end

Subd. 4.

Contents of registration.

(a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau deleted text begin of Criminal
Apprehension deleted text end , a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility new text begin or residential housing
unit or shelter new text end to release information to a law enforcement
officer about the person's admission to, or residence in, a
treatment facility new text begin or residential housing unit or shelter new text end .
Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171,
subdivision 3.

(b) For persons required to register under subdivision deleted text begin 1
deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation deleted text begin shall be deleted text end new text begin is
new text end limited to a statement of how far the person progressed in
treatment during commitment.

(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration
information to the bureau deleted text begin of Criminal Apprehension deleted text end . The bureau
shall ascertain whether the person has registered with the law
enforcement authority deleted text begin where the person resides deleted text end new text begin in the area of
the person's primary address, if any, or if the person lacks a
primary address, where the person is staying, as required by
subdivision 3a new text end . If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that
authority.

(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. new text begin The
agent or authority shall require a person required to register
under this section who is classified as a risk level III
offender under section 244.052 to appear before the agent or
authority at least every six months to be photographed. new text end The
agent or authority shall forward the photograph to the bureau deleted text begin of
Criminal Apprehension deleted text end .

(e) During the period a person is required to register
under this section, the following deleted text begin shall deleted text end new text begin provisions new text end apply:

(1) new text begin Except for persons registering under subdivision 3a,
new text end the bureau deleted text begin of Criminal Apprehension deleted text end shall mail a verification
form to the deleted text begin last reported address of the deleted text end person's deleted text begin residence deleted text end new text begin last
reported primary address new text end . This verification form deleted text begin shall deleted text end new text begin must
new text end provide notice to the offender that, if the offender does not
return the verification form as required, information about the
offender may be made available to the public through electronic,
computerized, or other accessible means. new text begin For persons who are
registered under subdivision 3a, the bureau shall mail an annual
verification form to the law enforcement authority where the
offender most recently reported. The authority shall provide
the verification form to the person at the next weekly meeting
and ensure that the person completes and signs the form and
returns it to the bureau.
new text end

(2) The person shall mail the signed verification form back
to the bureau deleted text begin of Criminal Apprehension deleted text end within ten days after
receipt of the form, stating on the form the current and last
address of the person's residence and the other information
required under subdivision 4a.

(3) new text begin In addition to the requirements listed in this section,
a person who, under section 244.052, is assigned to risk level
II or risk level III, and who is no longer under correctional
supervision, shall have an annual in-person contact with the law
enforcement authority in the area of the person's primary
address or, if the person has no primary address, where the
person is staying. During the month of the person's birth date,
the person shall report to the authority to verify the accuracy
of the registration information and to be photographed. Within
three days of this contact, the authority shall enter
information as required by the bureau into the predatory
offender registration database and submit an updated photograph
of the person to the bureau's predatory offender registration
unit. The authority may waive the photograph requirement for a
person assigned to risk level III who has recently been
photographed under paragraph (d).
new text end

new text begin (4) new text end If the person fails to mail the completed and signed
verification form to the bureau deleted text begin of Criminal Apprehension deleted text end within
ten days after receipt of the form, new text begin or if the person fails to
report to the law enforcement authority during the month of the
person's birth date, new text end the person deleted text begin shall be deleted text end new text begin is new text end in violation of this
section.

For persons required to register under subdivision deleted text begin 1 deleted text end new text begin 1b new text end ,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, the bureau shall comply with clause
(1) at least four times each year. new text begin For persons who under
section 244.052 are assigned to risk level III and who are no
longer under correctional supervision, the bureau shall comply
with clause (1) at least two times each year. new text end For all other
persons required to register under this section, the bureau
shall comply with clause (1) each year within 30 days of the
anniversary date of the person's initial registration.

(f) When sending out a verification form, the bureau deleted text begin of
Criminal Apprehension must deleted text end new text begin shall new text end determine whether the person to
whom the verification form is being sent has signed a written
consent form as provided for in paragraph (a). If the person
has not signed such a consent form, the bureau deleted text begin of Criminal
Apprehension must deleted text end new text begin shall new text end send a written consent form to the
person along with the verification form. A person who receives
this written consent form deleted text begin must deleted text end new text begin shall new text end sign and return it to the
bureau deleted text begin of Criminal Apprehension deleted text end at the same time as the
verification form.

deleted text begin (g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.
deleted text end

Subd. 4a.

Information required to be provided.

(a) deleted text begin As
used in this section:
deleted text end

deleted text begin (1) "motor vehicle" has the meaning given "vehicle" in
section 169.01, subdivision 2;
deleted text end

deleted text begin (2) "primary residence" means any place where the person
resides longer than 14 days or that is deemed a primary
residence by a person's corrections agent, if one is assigned to
the person; and
deleted text end

deleted text begin (3) "secondary residence" means any place where the person
regularly stays overnight when not staying at the person's
primary residence, and includes, but is not limited to:
deleted text end

deleted text begin (i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at
school, including during the summer; and
deleted text end

deleted text begin (ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
deleted text end

deleted text begin (b) deleted text end A person required to register under this section shall
provide to the corrections agent or law enforcement authority
the following information:

(1) the deleted text begin address of the deleted text end person's primary deleted text begin residence deleted text end new text begin address new text end ;

(2) deleted text begin the addresses of deleted text end all new text begin of new text end the person's secondary
deleted text begin residences deleted text end new text begin addresses new text end in Minnesota, including all addresses used
for residential or recreational purposes;

(3) the addresses of all Minnesota property owned, leased,
or rented by the person;

(4) the addresses of all locations where the person is
employed;

(5) the addresses of all deleted text begin residences deleted text end new text begin schools new text end where the
person deleted text begin resides while attending school deleted text end new text begin is enrolled new text end ; and

(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the person.

deleted text begin (c) deleted text end new text begin (b) new text end The person shall report to the agent or authority
the information required to be provided under paragraph deleted text begin (b) deleted text end new text begin (a) new text end ,
clauses (2) to (6), within five days of the date the clause
becomes applicable. If because of a change in circumstances any
information reported under paragraph deleted text begin (b) deleted text end new text begin (a) new text end , clauses (1) to
(6), no longer applies, the person shall immediately inform the
agent or authority that the information is no longer valid. new text begin If
the person leaves a primary address and does not have a new
primary address, the person shall register as provided in
subdivision 3a.
new text end

Subd. 5.

Criminal penalty.

(a) 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 deleted text begin of
Criminal Apprehension deleted text end 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.

(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.

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

(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 deleted text begin shall deleted text end new text begin must new text end 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.

(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge,
work 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.

new text begin Subd. 5a. new text end

new text begin Ten-year conditional release for violations
committed by level iii offenders. new text end

new text begin Notwithstanding the statutory
maximum sentence otherwise applicable to the offense or any
provision of the sentencing guidelines, when a court commits a
person to the custody of the commissioner of corrections for
violating subdivision 5 and, at the time of the violation, the
person was assigned to risk level III under section 244.052, the
court shall provide that after the person has completed the
sentence imposed, the commissioner shall place the person on
conditional release for ten years. The terms of conditional
release are governed by section 609.3455, subdivision 6.
new text end

Subd. 6.

Registration period.

(a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.

(b) If a person required to register under this section
fails to register following a change in deleted text begin residence deleted text end new text begin the person's
primary or secondary address, employment, school, or motor
vehicle information; fails to report any property the person
owns, leases, or rents; or fails to return the annual
verification form within ten days new text end , the commissioner of public
safety may require the person to continue to register for an
additional period of five years. This five-year period is added
to the end of the offender's registration period.

(c) If a person required to register under this section is
subsequently incarcerated following a new text begin conviction for a new
offense or following a new text end revocation of probation, supervised
release, or conditional release for deleted text begin that deleted text end new text begin any new text end offense deleted text begin , or a
conviction for any new offense deleted text end , the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.

(d) A person shall continue to comply with this section for
the life of that person:

(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or any offense from another state or any
federal offense similar to the offenses described in subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , and the person has a prior conviction or adjudication for
an offense for which registration was or would have been
required under subdivision deleted text begin 1 deleted text end new text begin 1b new text end , or an offense from another
state or a federal offense similar to an offense described in
subdivision deleted text begin 1 deleted text end new text begin 1b new text end ;

(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another
state or the United States;

(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses
described in this clause; or

(4) if the person is required to register under subdivision
deleted text begin 1 deleted text end new text begin 1b new text end , paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States.

Subd. 7.

Use of information.

Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
information provided under this section is private data on
individuals under section 13.02, subdivision 12. The
information may be used only for law enforcement purposes.

Subd. 7a.

Availability of information on offenders who
are out of compliance with registration law.

(a) The bureau deleted text begin of
Criminal Apprehension deleted text end may make information available to the
public about offenders who are 16 years of age or older and who
are out of compliance with this section for 30 days or longer
for failure to provide the deleted text begin address of the deleted text end offenders' primary or
secondary deleted text begin residences deleted text end new text begin addresses new text end . This information may be made
available to the public through electronic, computerized, or
other accessible means. The amount and type of information made
available deleted text begin shall be deleted text end new text begin is new text end limited to the information necessary for
the public to assist law enforcement in locating the offender.

(b) An offender who comes into compliance with this section
after the bureau deleted text begin of Criminal Apprehension deleted text end discloses information
about the offender to the public may send a written request to
the bureau requesting the bureau to treat information about the
offender as private data, consistent with subdivision 7. The
bureau shall review the request and promptly take reasonable
action to treat the data as private, if the offender has
complied with the requirement that the offender provide deleted text begin the
addresses of deleted text end the offender's primary and secondary
deleted text begin residences deleted text end new text begin addresses new text end , or promptly notify the offender that the
information will continue to be treated as public information
and the reasons for the bureau's decision.

(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may
challenge the data under section 13.04, subdivision 4.

(d) The bureau deleted text begin of Criminal Apprehension deleted text end is immune from any
civil or criminal liability that might otherwise arise, based on
the accuracy or completeness of any information made public
under this subdivision, if the bureau acts in good faith.

deleted text begin Subd. 8. deleted text end

deleted text begin Law enforcement authority. deleted text end

deleted text begin For purposes of this
section, a law enforcement authority means, with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
deleted text end

Subd. 9.

Offenders from other states.

When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16 new text begin or 243.1605, new text end or under any authorized interstate
agreement, the acceptance is conditional on the offender
agreeing to register under this section when the offender is
living in Minnesota.

new text begin Subd. 10. new text end

new text begin Venue; aggregation. new text end

new text begin (a) A violation of this
section may be prosecuted in any jurisdiction where an offense
takes place. However, the prosecutorial agency in the
jurisdiction where the person last registered a primary address
is initially responsible to review the case for prosecution.
new text end

new text begin (b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the
offenses in any county in which one of the offenses was
committed.
new text end

new text begin Subd. 11. new text end

new text begin Certified copies as evidence. new text end

new text begin Certified copies
of predatory offender registration records are admissible as
substantive evidence when necessary to prove the commission of a
violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to persons subject to predatory offender
registration on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 243.167, is
amended to read:

243.167 REGISTRATION UNDER THE PREDATORY OFFENDER
REGISTRATION LAW FOR OTHER OFFENSES.

Subdivision 1.

Definition.

As used in this section,
"crime against the person" means a violation of any of the
following or a similar law of another state or of the United
States: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; new text begin 609.2231; new text end 609.224,
subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
subdivision 2; or any felony-level violation of section 609.229;
609.377; 609.749; or 624.713.

Subd. 2.

When required.

(a) In addition to the
requirements of section 243.166, a person also shall register
under section 243.166 if:

(1) the person is convicted of a crime against the person;
and

(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, deleted text begin subdivision
1, paragraph (a), deleted text end but was not required to register for the
offense because the registration requirements of that section
did not apply to the person at the time the offense was
committed or at the time the person was released from
imprisonment.

(b) A person who was previously required to register deleted text begin under
section 243.166 deleted text end new text begin in any state new text end and who has completed the
registration requirements of that deleted text begin section deleted text end new text begin state new text end shall again
register under section 243.166 if the person commits a crime
against the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

new text begin [243.95] REPORT ON COMMUNITY CORRECTIONAL
SUPERVISION.
new text end

new text begin By January 15 of each year, the commissioner of corrections
shall report to the chairs of the senate and house committees
having jurisdiction over criminal justice policy on the number,
geographic location, and aggregate and average caseloads for
each caseload type of risk level II and risk level III sex
offender residing in the state for the preceding calendar year.
In addition, the commissioner shall provide this information for
all other types of offenders. The commissioner shall compile
and include in the report comparative historical data for the
five calendar years preceding the year included in the report.
new text end

Sec. 4.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in item (ii), at least
90 days before a predatory offender is to be released from
confinement, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee for the purpose
of assessing the risk presented by the offender and determining
the risk level to which the offender shall be assigned under
paragraph (e). The offender and the law enforcement agency that
was responsible for the charge resulting in confinement shall be
notified of the time and place of the committee's meeting. The
offender has a right to be present and be heard at the meeting.
The law enforcement agency may provide material in writing that
is relevant to the offender's risk level to the chair of the
committee. The committee shall use the risk factors described
in paragraph (g) and the risk assessment scale developed under
subdivision 2 to determine the offender's risk assessment score
and risk level. Offenders scheduled for release from
confinement shall be assessed by the committee established at
the facility from which the offender is to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. The committee shall give the report to the
offender and to the law enforcement agency at least 60 days
before an offender is released from confinement. If the risk
assessment is performed under the circumstances described in
paragraph (d), item (ii), the report shall be given to the
offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who new text begin :
new text end

new text begin (1) new text end are released from deleted text begin a deleted text end new text begin any new text end federal correctional facility
deleted text begin in Minnesota deleted text end or new text begin from any state correctional facility of new text end another
state new text begin , new text end and who intend to reside in Minnesota deleted text begin , and to offenders deleted text end new text begin ;
or
new text end

new text begin (2) are new text end accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16 new text begin or 243.1605 new text end .

The committee shall make reasonable efforts to conform to the
same timelines as applied to Minnesota cases. Offenders
accepted from another state under a reciprocal agreement for
probation supervision are not assigned a risk level, but are
considered downward dispositional departures. The probation or
court services officer and law enforcement officer shall manage
such cases in accordance with section 244.10, subdivision 2a.
The policies and procedures of the committee for federal
offenders and interstate compact cases must be in accordance
with all requirements as set forth in this section, unless
restrictions caused by the nature of federal or interstate
transfers prevents such conformance.

(l) If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Out-of-state offenders; notification
authorized. new text end

new text begin (a) This subdivision applies to offenders who move
or have moved to Minnesota from other states and who:
new text end

new text begin (1) at the time of the move are subject to a community
notification statute similar to this section in the state from
which the offender is moving; and
new text end

new text begin (2) are not assigned a risk level under subdivision 3,
paragraph (k).
new text end

new text begin (b) The law enforcement agency in the area where an
offender described in paragraph (a) resides, expects to reside,
or is regularly found, may disclose information regarding the
offender consistent with subdivision 4, paragraph (a). The
extent of the notification must be consistent with the
notification made about the offender in the state from which the
offender is moving or has moved. However, the extent of the
notification may not exceed that of a risk level II offender
under subdivision 4, paragraph (b), unless the requirements of
paragraph (c) have been met. Except as otherwise provided in
this subdivision and unless clearly inapplicable, the provisions
of subdivision 4 apply to notifications made under this
paragraph.
new text end

new text begin (c) If the notification made concerning the offender in the
state from which the offender is moving or has moved is broader
than that authorized for a risk level II offender under
subdivision 4, paragraph (b), and the agency wants to make a
broader disclosure, the agency may request the
end-of-confinement review committee at the nearest state
correctional or treatment facility to assign a risk level to the
offender. The agency shall provide to the committee all
information concerning the offender's criminal history, the risk
the offender poses to the community, and other relevant
information. In addition, the committee shall attempt to obtain
other information relevant to determining which risk level to
assign the offender. Except as provided in this subdivision and
unless clearly inapplicable, the provisions of subdivision 3
govern the risk assessment under this paragraph. If the
committee assigns the offender to risk level III, the agency may
disclose information in a manner consistent with a risk level
III offender under subdivision 4, paragraph (b).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 244.052,
subdivision 4, is amended to read:

Subd. 4.

Law enforcement agency; disclosure of
information to public.

(a) The law enforcement agency in the
area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public
any information regarding the offender contained in the report
forwarded to the agency under subdivision 3, paragraph (f), that
is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the
guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the
offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual
and collective safety.

(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under
this subdivision:

(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the
offender. The agency shall disclose the information to victims
of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate
household;

(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;

(3) if the offender is assigned to risk level III, the
agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members
of the community whom the offender is likely to encounter,
unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.

Notwithstanding the assignment of a predatory offender to
risk level II or III, a law enforcement agency may not make the
disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility.
However, if an offender is placed or resides in a residential
facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the
facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days
before the offender's scheduled release date. The commissioner
shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of
the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted
or required by clause (2) or (3), as appropriate.

(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:

(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and

(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.

(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith
effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating
that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.

(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or
witnesses to the offender's offenses.

(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for
as long as the offender is required to register under section
243.166. new text begin This requirement on a law enforcement agency to
continue to disclose information also applies to an offender who
lacks a primary address and is registering under section
243.166, subdivision 3a.
new text end

(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under
this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information
to the commissioner within two days of the agency's
determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.

(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented
in languages in addition to English. The policy may address
when information must be presented orally, in writing, or both
in additional languages by the law enforcement agency disclosing
the information. The policy may provide for different
approaches based on the prevalence of non-English languages in
different neighborhoods.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 244.10,
subdivision 2a, is amended to read:

Subd. 2a.

Notice of information regarding predatory
offenders.

(a) Subject to paragraph (b), in any case in which a
person is convicted of an offense and the presumptive sentence
under the Sentencing Guidelines is commitment to the custody of
the commissioner of corrections, if the court grants a
dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is
assigned to supervise the offender shall provide in writing to
the following the fact that the offender is on probation and the
terms and conditions of probation:

(1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and

(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.

The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender. new text begin The law enforcement officer, in
consultation with the offender's probation officer, also may
disclose the information to individuals the officer believes are
likely to be victimized by the offender. The officer's belief
shall be based on the offender's pattern of offending or victim
preference as documented in the information provided by the
Department of Corrections or Department of Human Services.
new text end

The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 245A.02, subdivision 14, or 241.021, if the facility
staff is trained in the supervision of sex offenders.

(b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.

(c) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.

(d) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 253B.18,
subdivision 5, is amended to read:

Subd. 5.

Petition; notice of hearing; attendance; order.

(a) A petition for an order of transfer, discharge, provisional
discharge, or revocation of provisional discharge shall be filed
with the commissioner and may be filed by the patient or by the
head of the treatment facility. A patient may not petition the
special review board for six months following commitment under
subdivision 3 or following the final disposition of any previous
petition and subsequent appeal by the patient. The medical
director may petition at any time.

(b) Fourteen days prior to the hearing, the committing
court, the county attorney of the county of commitment, the
designated agency, interested person, the petitioner, and the
petitioner's counsel shall be given written notice by the
commissioner of the time and place of the hearing before the
special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may
be present at the hearing. The patient may designate interested
persons to receive notice by providing the names and addresses
to the commissioner at least 21 days before the hearing. The
board shall provide the commissioner with written findings of
fact and recommendations within 21 days of the hearing. The
commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A
copy of the order shall be sent by certified mail to every
person entitled to statutory notice of the hearing within five
days after it is signed. No order by the commissioner shall be
effective sooner than 30 days after the order is signed, unless
the county attorney, the patient, and the commissioner agree
that it may become effective sooner.

(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the
commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency
receiving notice that submits documentary evidence to the
special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county
attorney of the county of commitment, the case manager, and the
commissioner.

(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or
circumstances that occurred subsequent to the hearing.

new text begin (e) In making their recommendations and order, the special
review board and commissioner must consider any statements
received from victims under subdivision 5a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 253B.18, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Victim notification of petition and release;
right to submit statement. new text end

new text begin (a) As used in this subdivision:
new text end

new text begin (1) "crime" has the meaning given to "violent crime" in
section 609.1095, and includes criminal sexual conduct in the
fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4a, and also
includes offenses listed in section 253B.02, subdivision 7a,
paragraph (b), regardless of whether they are sexually
motivated;
new text end

new text begin (2) "victim" means a person who has incurred loss or harm
as a result of a crime the behavior for which forms the basis
for a commitment under this section or section 253B.185; and
new text end

new text begin (3) "convicted" and "conviction" have the meanings given in
section 609.02, subdivision 5, and also include juvenile court
adjudications, findings under Minnesota Rules of Criminal
Procedure, Rule 20.02, that the elements of a crime have been
proved, and findings in commitment cases under this section or
section 253B.185 that an act or acts constituting a crime
occurred.
new text end

new text begin (b) A county attorney who files a petition to commit a
person under this section or section 253B.185 shall make a
reasonable effort to provide prompt notice of filing the
petition to any victim of a crime for which the person was
convicted. In addition, the county attorney shall make a
reasonable effort to promptly notify the victim of the
resolution of the petition.
new text end

new text begin (c) Before provisionally discharging, discharging, granting
pass-eligible status, approving a pass plan, or otherwise
permanently or temporarily releasing a person committed under
this section or section 253B.185 from a treatment facility, the
head of the treatment facility shall make a reasonable effort to
notify any victim of a crime for which the person was convicted
that the person may be discharged or released and that the
victim has a right to submit a written statement regarding
decisions of the medical director, special review board, or
commissioner with respect to the person. To the extent
possible, the notice must be provided at least 14 days before
any special review board hearing or before a determination on a
pass plan.
new text end

new text begin (d) This subdivision applies only to victims who have
requested notification by contacting, in writing, the county
attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for
notification under this paragraph shall promptly forward the
request to the commissioner of human services.
new text end

new text begin (e) The rights under this subdivision are in addition to
rights available to a victim under chapter 611A. This provision
does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a,
4b, or 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 10.

new text begin [609.3456] USE OF POLYGRAPHS FOR SEX OFFENDERS
ON PROBATION OR CONDITIONAL RELEASE.
new text end

new text begin (a) A court may order as an intermediate sanction under
section 609.135 and the commissioner of corrections may order as
a condition of release under section 244.05 or 609.3455 that an
offender under supervision for a sex offense submit to
polygraphic examinations to ensure compliance with the terms of
probation or conditions of release.
new text end

new text begin (b) The court or commissioner may order the offender to pay
all or a portion of the costs of the examinations. The fee may
be waived if the offender is indigent or if payment would result
in an economic hardship to the offender's immediate family.
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. 11. new text begin PROTOCOL ON USE OF POLYGRAPHS.
new text end

new text begin By September 1, 2005, the chief justice of the Supreme
Court, in consultation with the Conference of Chief Judges, is
requested to develop a protocol for the use of polygraphic
examinations for sex offenders placed on probation under
Minnesota Statutes, section 609.3456. This protocol shall be
distributed to judges across the state.
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. 12. new text begin SUPREME COURT STUDY ON SEXUALLY DANGEROUS PERSON
AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The Supreme Court is
requested to study the following related to the civil commitment
of sexually dangerous persons and sexual psychopathic
personalities under Minnesota Statutes, section 253B.185:
new text end

new text begin (1) the development and use of a statewide panel of defense
attorneys to represent those persons after a commitment petition
is filed; and
new text end

new text begin (2) the development and use of a statewide panel of judges
to hear these petitions.
new text end

new text begin Subd. 2. new text end

new text begin Report. new text end

new text begin The Supreme Court shall report its
findings and recommendations to the chairs and ranking minority
members of the house of representatives and senate committees
and divisions having jurisdiction over criminal justice and
civil law policy and funding by February 1, 2006.
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. 13. new text begin REPORT ON SEX OFFENDERS BEING RELEASED FROM
PRISON.
new text end

new text begin By January 15, 2006, the commissioner of corrections shall
report to the chairs and ranking minority members of the senate
and house committees and divisions having jurisdiction over
criminal justice policy and funding on the release of sex
offenders from prison. The report must include information on
the number of offenders that the commissioner estimates will be
released each year for the next five years, recommendations on
how best to supervise these offenders, and recommendations on
how best to fund this supervision.
new text end

Sec. 14. new text begin REVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change all references to
section 243.166, subdivision 1, in Minnesota Statutes to section
243.166. In addition, the revisor shall make other technical
changes necessitated by this article.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 15. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 243.166, subdivisions 1
and 8, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

ARTICLE 4

LEGISLATIVE AUDITOR'S RECOMMENDED CHANGES

Section 1.

Minnesota Statutes 2004, section 241.06, is
amended to read:

241.06 RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.

new text begin Subdivision 1. new text end

new text begin General. new text end

The commissioner of corrections
shall keep in the commissioner's office, accessible only by the
commissioner's consent or on the order of a judge or court of
record, a record showing the residence, sex, age, nativity,
occupation, civil condition, and date of entrance or commitment
of every person, inmate, or convict in the facilities under the
commissioner's exclusive control, the date of discharge and
whether such discharge was final, the condition of such person
when the person left the facility, and the date and cause of all
deaths. The records shall state every transfer from one
facility to another, naming each. This information shall be
furnished to the commissioner of corrections by each facility,
with such other obtainable facts as the commissioner may from
time to time require. The chief executive officer of each such
facility, within ten days after the commitment or entrance
thereto of a person, inmate, or convict, shall cause a true copy
of the entrance record to be forwarded to the commissioner of
corrections. When a person, inmate, or convict leaves, is
discharged or transferred, or dies in any facility, the chief
executive officer, or other person in charge shall inform the
commissioner of corrections within ten days thereafter on forms
furnished by the commissioner.

The commissioner of corrections may authorize the chief
executive officer of any facility under the commissioner's
control to release to probation officers, local social services
agencies or other specifically designated interested persons or
agencies any information regarding any person, inmate, or
convict thereat, if, in the opinion of the commissioner, it will
be for the benefit of the person, inmate, or convict.

new text begin Subd. 2. new text end

new text begin Sex offender information provided to supervising
corrections agency. new text end

new text begin When an offender who is required to
register as a predatory offender under section 243.166 is being
released from prison, the commissioner shall provide to the
corrections agency that will supervise the offender, the
offender's prison records relating to psychological assessments,
medical and mental health issues, and treatment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 241.67,
subdivision 7, is amended to read:

Subd. 7.

Funding priority; program effectiveness.

(a)
Unless otherwise directed by the terms of a particular
appropriations provision, the commissioner shall give priority
to the funding of juvenile sex offender programs over the
funding of adult sex offender programs.

(b) Every county or private sex offender program deleted text begin that seeks
new or continued state funding or reimbursement deleted text end shall provide
the commissioner with any information relating to the program's
effectiveness that the commissioner considers necessary. The
commissioner shall deny state funding or reimbursement to any
county or private program that fails to provide this information
or that appears to be an ineffective program.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 241.67,
subdivision 8, is amended to read:

Subd. 8.

Community-based sex offender program evaluation
deleted text begin project deleted text end .

(a) For the purposes of this deleted text begin project deleted text end new text begin subdivision new text end , a
sex offender is an adult who has been convicted, or a juvenile
who has been adjudicated, for a sex offense or a sex-related
offense which would require registration under section 243.166.

(b) The commissioner shall deleted text begin develop a long-term project to
accomplish the following deleted text end :

(1) deleted text begin provide deleted text end new text begin collect new text end follow-up information on each sex
offender for a period of three years following the offender's
completion of or termination from treatment new text begin for the purpose of
providing periodic reports to the legislature new text end ;

(2) provide treatment programs in several geographical
areas in the state;

(3) provide the necessary data to form the basis to
recommend a fiscally sound plan to provide a coordinated
statewide system of effective sex offender treatment
programming; and

(4) provide an opportunity to local and regional
governments, agencies, and programs to establish models of sex
offender programs that are suited to the needs of that region.

(c) The commissioner shall establish an advisory task force
consisting of county probation officers from Community
Corrections Act counties and other counties, court services
providers, and other interested officials. The commissioner
shall consult with the task force deleted text begin concerning the establishment
and operation of the project deleted text end new text begin on how best to implement the
requirements of this subdivision new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 243.166, is
amended by adding a subdivision to read:

new text begin Subd. 4b. new text end

new text begin Health care facility; notice of status. new text end

new text begin (a) As
used in this subdivision, "health care facility" means a
hospital or other entity licensed under sections 144.50 to
144.58, a nursing home licensed to serve adults under section
144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed
under chapter 245A.
new text end

new text begin (b) Upon admittance to a health care facility, a person
required to register under this section shall disclose to:
new text end

new text begin (1) the health care facility employee processing the
admission the person's status as a registered predatory offender
under this section; and
new text end

new text begin (2) the person's corrections agent, or if the person does
not have an assigned corrections agent, the law enforcement
authority with whom the person is currently required to
register, that inpatient admission has occurred.
new text end

new text begin (c) A law enforcement authority or corrections agent who
receives notice under paragraph (b) or who knows that a person
required to register under this section has been admitted and is
receiving health care at a health care facility shall notify the
administrator of the facility.
new text end

new text begin (d) A health care facility that receives notice under this
subdivision that a predatory offender has been admitted to the
facility shall notify other patients at the facility of this
fact. If the facility determines that notice to a patient is
not appropriate given the patient's medical, emotional, or
mental status, the facility shall notify the patient's next of
kin or emergency contact.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to persons who are subject to predatory offender
registration on or after that date.
new text end

Sec. 5.

new text begin [244.056] SEX OFFENDER SEEKING HOUSING IN
JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.
new text end

new text begin If a corrections agency supervising an offender who is
required to register as a predatory offender under section
243.166 and who is classified by the department as a public risk
monitoring case has knowledge that the offender is seeking
housing arrangements in a location under the jurisdiction of
another corrections agency, the agency shall notify the other
agency of this and initiate a supervision transfer request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 6.

new text begin [244.057] PLACEMENT OF SEX OFFENDER IN HOUSEHOLD
WITH CHILDREN.
new text end

new text begin A corrections agency supervising an offender required to
register as a predatory offender under section 243.166 shall
notify the appropriate child protection agency before
authorizing the offender to live in a household where children
are residing.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.3452,
subdivision 1, is amended to read:

Subdivision 1.

Assessment required.

When a person is
convicted of a sex offense, the court shall order an independent
professional assessment of the offender's need for sex offender
treatment new text begin to be completed before sentencing new text end . The court may
waive the assessment if: (1) the Sentencing Guidelines provide
a presumptive prison sentence for the offender, or (2) an
adequate assessment was conducted prior to the conviction. An
assessor providing an assessment for the court must be
experienced in the evaluation and treatment of sex offenders.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 626.556,
subdivision 3, is amended to read:

Subd. 3.

Persons mandated to report.

(a) A person who
knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or
has been neglected or physically or sexually abused within the
preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or
investigating the report, police department, or the county
sheriff if the person is:

(1) a professional or professional's delegate who is
engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment,
child care, education, new text begin correctional supervision, new text end or law
enforcement; or

(2) employed as a member of the clergy and received the
information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to
report information that is otherwise privileged under section
595.02, subdivision 1, paragraph (c).

The police department or the county sheriff, upon receiving
a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing. The
county sheriff and the head of every local welfare agency,
agency responsible for assessing or investigating reports, and
police department shall each designate a person within their
agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph and paragraph (b)
are carried out. Nothing in this subdivision shall be construed
to require more than one report from any institution, facility,
school, or agency.

(b) Any person may voluntarily report to the local welfare
agency, agency responsible for assessing or investigating the
report, police department, or the county sheriff if the person
knows, has reason to believe, or suspects a child is being or
has been neglected or subjected to physical or sexual abuse.
The police department or the county sheriff, upon receiving a
report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing.

(c) A person mandated to report physical or sexual child
abuse or neglect occurring within a licensed facility shall
report the information to the agency responsible for licensing
the facility under sections 144.50 to 144.58; 241.021; 245A.01
to 245A.16; or chapter 245B; or a nonlicensed personal care
provider organization as defined in sections 256B.04,
subdivision 16; and 256B.0625, subdivision 19. A health or
corrections agency receiving a report may request the local
welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees
perform work within a school facility, upon receiving a
complaint of alleged maltreatment, shall provide information
about the circumstances of the alleged maltreatment to the
commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a
licensing entity.

(d) Any person mandated to report shall receive a summary
of the disposition of any report made by that reporter,
including whether the case has been opened for child protection
or other services, or if a referral has been made to a community
organization, unless release would be detrimental to the best
interests of the child. Any person who is not mandated to
report shall, upon request to the local welfare agency, receive
a concise summary of the disposition of any report made by that
reporter, unless release would be detrimental to the best
interests of the child.

(e) For purposes of this subdivision, "immediately" means
as soon as possible but in no event longer than 24 hours.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 9. new text begin WORKING GROUP ON SEX OFFENDER MANAGEMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Working group established. new text end

new text begin The
commissioner of corrections shall convene a working group of
individuals knowledgeable in the supervision and treatment of
sex offenders. The group must include individuals from both
inside and outside of the Department of Corrections. The
commissioner shall ensure broad representation in the group,
including representatives from all three probation systems and
from diverse parts of the state. The working group shall study
and make recommendations on the issues listed in this section.
To the degree feasible, the group shall consider how these
issues are addressed in other states.
new text end

new text begin Subd. 2. new text end

new text begin Issues to be studied. new text end

new text begin The working group shall
review and make recommendations on:
new text end

new text begin (1) statewide standards regarding the minimum frequency of
in-person contacts between sex offenders and their correctional
agents, including, but not limited to, home visits;
new text end

new text begin (2) a model set of special conditions of sex offender
supervision that can be used by courts and corrections agencies
throughout Minnesota;
new text end

new text begin (3) statewide standards regarding the documentation by
correctional agents of their supervision activities;
new text end

new text begin (4) standards to provide corrections agencies with guidance
regarding sex offender assessment practices;
new text end

new text begin (5) policies that encourage sentencing conditions and
prison release plans to clearly distinguish between sex offender
treatment programs and other types of programs and services and
to clearly specify which type of program the offender is
required to complete;
new text end

new text begin (6) ways to improve the Department of Corrections' prison
release planning practices for sex offenders, including sex
offenders with chemical dependency needs or mental health needs;
new text end

new text begin (7) methods and timetables for periodic external reviews of
sex offender supervision practices;
new text end

new text begin (8) statewide standards for the use of polygraphs by
corrections agencies and sex offender treatment programs;
new text end

new text begin (9) statewide standards specifying basic program elements
for community-based sex offender treatment programs, including,
but not limited to, staff qualifications, case planning, use of
polygraphs, and progress reports prepared for supervising
agencies;
new text end

new text begin (10) a statewide protocol on the sharing of sex offender
information between corrections agencies and child protection
agencies in situations where offenders are placed in households
where children reside;
new text end

new text begin (11) best practices for supervising sex offenders such as
intensive supervised release, specialized caseloads, and other
innovative methods, ideal caseload sizes for supervising agents,
and methods to implement this in a manner that does not
negatively impact the supervision of other types of offenders;
and
new text end

new text begin (12) any other issues related to sex offender treatment and
management that the working group deems appropriate.
new text end

new text begin Subd. 3. new text end

new text begin Review of new laws. new text end

new text begin The working group shall
also review the provisions of any laws enacted in 2005 relating
to sex offender supervision and treatment. The group shall make
recommendations on whether any changes to these provisions
should be considered by the legislature.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin By February 15, 2006, the working group
shall report its recommendations to the chairs and ranking
minority members of the senate and house committees having
jurisdiction over criminal justice policy.
new text end

new text begin Subd. 5. new text end

new text begin Policies required. new text end

new text begin After considering the
recommendations of the working group, the commissioner of
corrections shall implement policies and standards relating to
the issues described in subdivision 2 over which the
commissioner has jurisdiction.
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. 10. new text begin PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS;
REPORT.
new text end

new text begin By February 15, 2006, the commissioner of corrections shall
report to the chairs and ranking minority members of the senate
and house committees having jurisdiction over criminal justice
policy on prison-based sex offender treatment programs. The
report must:
new text end

new text begin (1) examine options for increasing the number of inmates
participating in these programs;
new text end

new text begin (2) examine the adequacy of funding for these programs;
new text end

new text begin (3) examine options for treating inmates who have limited
periods of time remaining in their terms of imprisonment;
new text end

new text begin (4) examine the merits and limitations of extending an
inmate's term of imprisonment for refusing to participate in
treatment; and
new text end

new text begin (5) examine any other related issues deemed relevant by the
commissioner.
new text end

ARTICLE 5

SEX OFFENDERS:
TECHNICAL AND CONFORMING CHANGES

Section 1.

Minnesota Statutes 2004, section 14.03,
subdivision 3, is amended to read:

Subd. 3.

Rulemaking procedures.

(a) The definition of a
rule in section 14.02, subdivision 4, does not include:

(1) rules concerning only the internal management of the
agency or other agencies that do not directly affect the rights
of or procedures available to the public;

(2) an application deadline on a form; and the remainder of
a form and instructions for use of the form to the extent that
they do not impose substantive requirements other than
requirements contained in statute or rule;

(3) the curriculum adopted by an agency to implement a
statute or rule permitting or mandating minimum educational
requirements for persons regulated by an agency, provided the
topic areas to be covered by the minimum educational
requirements are specified in statute or rule;

(4) procedures for sharing data among government agencies,
provided these procedures are consistent with chapter 13 and
other law governing data practices.

(b) The definition of a rule in section 14.02, subdivision
4, does not include:

(1) rules of the commissioner of corrections relating to
the new text begin release, new text end placement new text begin , term, new text end and supervision of inmates serving
a supervised release new text begin or conditional release new text end term, the internal
management of institutions under the commissioner's control, and
rules adopted under section 609.105 governing the inmates of
those institutions;

(2) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;

(3) opinions of the attorney general;

(4) the data element dictionary and the annual data
acquisition calendar of the Department of Education to the
extent provided by section 125B.07;

(5) the occupational safety and health standards provided
in section 182.655;

(6) revenue notices and tax information bulletins of the
commissioner of revenue;

(7) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09; or

(8) the interpretive guidelines developed by the
commissioner of human services to the extent provided in chapter
245A.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:

Subd. 7.

Sex offenders; civil commitment determination.

(a) Before the commissioner releases from prison any inmate
convicted under deleted text begin sections deleted text end new text begin section new text end 609.342 deleted text begin to deleted text end new text begin , 609.343, 609.344,
new text end 609.345 new text begin , or 609.3453, new text end or sentenced as a patterned offender under
section 609.108, and determined by the commissioner to be in a
high risk category, the commissioner shall make a preliminary
determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate.

(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release which makes the inmate's case appropriate for
referral, the commissioner shall forward the determination as
soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:

Subd. 3.

End-of-confinement review committee.

(a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.

(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:

(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;

(2) a law enforcement officer;

(3) a treatment professional who is trained in the
assessment of sex offenders;

(4) a caseworker experienced in supervising sex offenders;
and

(5) a victim's services professional.

Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.

(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:

(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;

(2) private and confidential court services data under
section 13.84;

(3) private and confidential corrections data under section
13.85; and

(4) private criminal history data under section 13.87.

Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.

(d)(i) Except as otherwise provided in deleted text begin item deleted text end new text begin items new text end (ii) new text begin ,
(iii), and (iv) new text end , at least 90 days before a predatory offender is
to be released from confinement, the commissioner of corrections
shall convene the appropriate end-of-confinement review
committee for the purpose of assessing the risk presented by the
offender and determining the risk level to which the offender
shall be assigned under paragraph (e). The offender and the law
enforcement agency that was responsible for the charge resulting
in confinement shall be notified of the time and place of the
committee's meeting. The offender has a right to be present and
be heard at the meeting. The law enforcement agency may provide
material in writing that is relevant to the offender's risk
level to the chair of the committee. The committee shall use
the risk factors described in paragraph (g) and the risk
assessment scale developed under subdivision 2 to determine the
offender's risk assessment score and risk level. Offenders
scheduled for release from confinement shall be assessed by the
committee established at the facility from which the offender is
to be released.

(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.

new text begin (iii) If the offender is subject to a mandatory life
sentence under section 609.342, subdivision 2, paragraph (b), or
609.3455, the commissioner of corrections shall convene the
appropriate end-of-confinement review committee at least nine
months before the offender's minimum term of imprisonment has
been served. If the offender is received for confinement in a
facility with less than nine months remaining before the
offender's minimum term of imprisonment has been served, the
committee shall conform its procedures to those outlined in item
(ii) to the extent practicable.
new text end

new text begin (iv) If the offender is granted supervised release, the
commissioner of corrections shall notify the appropriate
end-of-confinement review committee that it needs to review the
offender's previously determined risk level at its next
regularly scheduled meeting. The commissioner shall make
reasonable efforts to ensure that the offender's earlier risk
level determination is reviewed and the risk level is confirmed
or reassigned at least 60 days before the offender's release
date. The committee shall give the report to the offender and
to the law enforcement agency at least 60 days before an
offender is released from confinement.
new text end

(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.

(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. new text begin Except for an offender subject to a
mandatory life sentence under section 609.342, subdivision 2,
paragraph (b), or 609.3455, who has not been granted supervised
release, new text end the committee shall give the report to the offender and
to the law enforcement agency at least 60 days before an
offender is released from confinement. new text begin If the offender is
subject to a mandatory life sentence and has not yet served the
entire minimum term of imprisonment, the committee shall give
the report to the offender and to the commissioner at least six
months before the offender is first eligible for release. new text end If
the risk assessment is performed under the circumstances
described in paragraph (d), item (ii), the report shall be given
to the offender and the law enforcement agency as soon as it is
available. The committee also shall inform the offender of the
availability of review under subdivision 6.

(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:

(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:

(i) the degree of likely force or harm;

(ii) the degree of likely physical contact; and

(iii) the age of the likely victim;

(2) the offender's prior offense history. This factor
includes consideration of the following:

(i) the relationship of prior victims to the offender;

(ii) the number of prior offenses or victims;

(iii) the duration of the offender's prior offense history;

(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and

(v) the offender's prior history of other antisocial acts;

(3) the offender's characteristics. This factor includes
consideration of the following:

(i) the offender's response to prior treatment efforts; and

(ii) the offender's history of substance abuse;

(4) the availability of community supports to the offender.
This factor includes consideration of the following:

(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;

(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;

(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and

(iv) the offender's lack of education or employment
stability;

(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and

(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.

(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.

(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.

(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.

(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.

(l) If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2004, section 609.109,
subdivision 2, is amended to read:

Subd. 2.

Presumptive executed sentence.

Except as
provided in subdivision 3 or 4, if a person is convicted under
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end , within 15 years of a
previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for not less than
three years, nor more than the maximum sentence provided by law
for the offense for which convicted, notwithstanding the
provisions of sections 242.19, 243.05, 609.11, 609.12, and
609.135. The court may stay the execution of the sentence
imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by
and can respond to treatment at a long-term inpatient program
exclusively treating sex offenders and approved by the
commissioner of corrections. If the court stays the execution
of a sentence, it shall include the following as conditions of
probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender successfully complete
the treatment program and aftercare as directed by the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2004, section 609.109,
subdivision 5, is amended to read:

Subd. 5.

Previous sex offense convictions.

For the
purposes of this section, a conviction is considered a previous
sex offense conviction if the person was convicted of a sex
offense before the commission of the present offense of
conviction. A person has two previous sex offense convictions
only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced
for a sex offense, both convictions preceded the commission of
the present offense of conviction, and 15 years have not elapsed
since the person was discharged from the sentence imposed for
the second conviction. A "sex offense" is a violation of
sections 609.342 to deleted text begin 609.345 deleted text end new text begin 609.3453 new text end or any similar statute of
the United States, this state, or any other state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 609.115, is
amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Indeterminate and mandatory life sentences;
sentencing worksheet. new text end

new text begin If the defendant has been convicted of a
felony crime for which any type of indeterminate sentence or
mandatory life sentence is provided by law, the court shall
cause a sentencing worksheet as provided in subdivision 1,
paragraph (e), to be completed and forwarded to the Minnesota
Sentencing Guidelines Commission.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.117,
subdivision 1, is amended to read:

Subdivision 1.

Upon sentencing.

The court shall order an
offender to provide a biological specimen for the purpose of DNA
analysis as defined in section 299C.155 when:

(1) the court sentences a person charged with violating or
attempting to violate any of the following, and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;

(2) the court sentences a person as a patterned sex
offender under section 609.108; or

(3) the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition for violating
or attempting to violate any of the following, and the
delinquency adjudication is based on a violation of one of those
sections or of any offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3.

The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.117,
subdivision 2, is amended to read:

Subd. 2.

Before release.

The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis and the person:

(1) is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or initially charged with violating one of the following
sections or a similar law of another state or the United States
and convicted of another offense arising out of the same set of
circumstances:

(i) murder under section 609.185, 609.19, or 609.195;

(ii) manslaughter under section 609.20 or 609.205;

(iii) assault under section 609.221, 609.222, or 609.223;

(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;

(v) kidnapping under section 609.25;

(vi) false imprisonment under section 609.255;

(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3451, subdivision 3 new text begin , or
609.3453 new text end ;

(viii) incest under section 609.365;

(ix) burglary under section 609.582, subdivision 1; or

(x) indecent exposure under section 617.23, subdivision 3;
or

(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections; or

(3) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of an
offense described in this subdivision or a similar law of the
United States or any other state. The commissioner of
corrections or local corrections authority shall forward the
sample to the Bureau of Criminal Apprehension.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.1351, is
amended to read:

609.1351 PETITION FOR CIVIL COMMITMENT.

When a court sentences a person under section 609.108,
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.345, new text begin or 609.3453, new text end the court
shall make a preliminary determination whether in the court's
opinion a petition under section 253B.185 may be appropriate and
include the determination as part of the sentencing order. If
the court determines that a petition may be appropriate, the
court shall forward its preliminary determination along with
supporting documentation to the county attorney.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.347, is
amended to read:

609.347 EVIDENCE new text begin IN CRIMINAL SEXUAL CONDUCT CASES new text end .

Subdivision 1. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the testimony of a victim need
not be corroborated.

Subd. 2. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451, new text begin or 609.3453, new text end there is no need to show that
the victim resisted the accused.

Subd. 3. In a prosecution under sections 609.109, 609.342
to 609.3451, new text begin 609.3453, new text end or 609.365, evidence of the victim's
previous sexual conduct shall not be admitted nor shall any
reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in
subdivision 4. The evidence can be admitted only if the
probative value of the evidence is not substantially outweighed
by its inflammatory or prejudicial nature and only in the
circumstances set out in paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i),
the judge must find by a preponderance of the evidence that the
facts set out in the accused's offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii)
or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the
accused's offer of proof are true, as provided under Rule 901 of
the Rules of Evidence.

(a) When consent of the victim is a defense in the case,
the following evidence is admissible:

(i) evidence of the victim's previous sexual conduct
tending to establish a common scheme or plan of similar sexual
conduct under circumstances similar to the case at issue. In
order to find a common scheme or plan, the judge must find that
the victim made prior allegations of sexual assault which were
fabricated; and

(ii) evidence of the victim's previous sexual conduct with
the accused.

(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the
case of pregnancy, between the time of the incident and trial,
evidence of specific instances of the victim's previous sexual
conduct is admissible solely to show the source of the semen,
pregnancy, or disease.

Subd. 4. The accused may not offer evidence described in
subdivision 3 except pursuant to the following procedure:

(a) A motion shall be made by the accused at least three
business days prior to trial, unless later for good cause shown,
setting out with particularity the offer of proof of the
evidence that the accused intends to offer, relative to the
previous sexual conduct of the victim;

(b) If the court deems the offer of proof sufficient, the
court shall order a hearing out of the presence of the jury, if
any, and in such hearing shall allow the accused to make a full
presentation of the offer of proof;

(c) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the accused
regarding the previous sexual conduct of the victim is
admissible under subdivision 3 and that its probative value is
not substantially outweighed by its inflammatory or prejudicial
nature, the court shall make an order stating the extent to
which evidence is admissible. The accused may then offer
evidence pursuant to the order of the court;

(d) If new information is discovered after the date of the
hearing or during the course of trial, which may make evidence
described in subdivision 3 admissible, the accused may make an
offer of proof pursuant to clause (a) and the court shall order
an in camera hearing to determine whether the proposed evidence
is admissible by the standards herein.

Subd. 5. In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453 new text end , the court shall not instruct
the jury to the effect that:

(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the
accused would be therefore more likely to consent to sexual
intercourse again; or

(b) The victim's previous or subsequent sexual conduct in
and of itself may be considered in determining the credibility
of the victim; or

(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of
the heinous nature of the crime; or

(d) The jury should scrutinize the testimony of the victim
any more closely than it should scrutinize the testimony of any
witness in any felony prosecution.

Subd. 6. (a) In a prosecution under sections 609.109 deleted text begin or deleted text end new text begin ,
new text end 609.342 to 609.3451 new text begin , or 609.3453, new text end involving a psychotherapist
and patient, evidence of the patient's personal or medical
history is not admissible except when:

(1) the accused requests a hearing at least three business
days prior to trial and makes an offer of proof of the relevancy
of the history; and

(2) the court finds that the history is relevant and that
the probative value of the history outweighs its prejudicial
value.

(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are
determined by the court to be relevant. The court's order shall
detail the information or conduct that is admissible and no
other evidence of the history may be introduced.

(c) Violation of the terms of the order is grounds for
mistrial but does not prevent the retrial of the accused.

Subd. 7.

Effect of statute on rules.

Rule 412 of the
Rules of Evidence is superseded to the extent of its conflict
with this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.3471, is
amended to read:

609.3471 RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.

Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.342 deleted text begin ; deleted text end new text begin ,
new text end 609.343 deleted text begin ; deleted text end new text begin , new text end 609.344 deleted text begin ; or deleted text end new text begin , new text end 609.345 new text begin , or 609.3453, new text end which
specifically identifies a victim who is a minor shall be
accessible to the public, except by order of the court. Nothing
in this section authorizes denial of access to any other data
contained in the records or reports, including the identity of
the defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 609.348, is
amended to read:

609.348 MEDICAL PURPOSES; EXCLUSION.

Sections 609.109 deleted text begin and deleted text end new text begin , new text end 609.342 to 609.3451 new text begin , and 609.3453 new text end do
not apply to sexual penetration or sexual contact when done for
a bona fide medical purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 609.353, is
amended to read:

609.353 JURISDICTION.

A violation or attempted violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, new text begin 609.3453, new text end or 609.352 may be
prosecuted in any jurisdiction in which the violation originates
or terminates.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 631.045, is
amended to read:

631.045 EXCLUDING SPECTATORS FROM THE COURTROOM.

At the trial of a complaint or indictment for a violation
of sections 609.109, 609.341 to 609.3451, new text begin 609.3453, new text end or 617.246,
subdivision 2, when a minor under 18 years of age is the person
upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary
to protect a witness or ensure fairness in the trial. The judge
shall give the prosecutor, defendant and members of the public
the opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall renumber Minnesota
Statutes, section 609.3452, as Minnesota Statutes, section
609.3457, and correct cross-references. In addition, the
revisor shall delete the reference in Minnesota Statutes,
section 13.871, subdivision 3, paragraph (d), to Minnesota
Statutes, section 609.3452, and insert a reference to Minnesota
Statutes, section 609.3457. The revisor shall include a
notation in Minnesota Statutes to inform readers of the statutes
of the renumbering of Minnesota Statutes, section 609.3457.
new text end

new text begin (b) In addition to the specific changes described in
paragraph (a), the revisor of statutes shall make other
technical changes necessitated by this act.
new text end

ARTICLE 6

CONTROLLED SUBSTANCES PROVISIONS

Section 1.

Minnesota Statutes 2004, section 152.01,
subdivision 10, is amended to read:

Subd. 10.

Narcotic drug.

"Narcotic drug" means any of
the following, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:

(1) opium, coca leaves, deleted text begin and deleted text end opiates new text begin , and methamphetamine new text end ;

(2) a compound, manufacture, salt, derivative, or
preparation of opium, coca leaves, deleted text begin or deleted text end opiates new text begin , or
methamphetamine new text end ;

(3) a substance, and any compound, manufacture, salt,
derivative, or preparation thereof, which is chemically
identical with any of the substances referred to in clauses (1)
and (2), except that the words "narcotic drug" as used in this
chapter shall not include decocainized coca leaves or extracts
of coca leaves, which extracts do not contain cocaine or
ecgonine.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2004, section 152.021,
subdivision 2a, is amended to read:

Subd. 2a.

new text begin methamphetamine new text end manufacture deleted text begin crimes deleted text end new text begin crime;
possession of substances with intent to manufacture
methamphetamine crime new text end .

(a) Notwithstanding subdivision 1,
sections 152.022, subdivision 1, 152.023, subdivision 1, and
152.024, subdivision 1, a person is guilty of controlled
substance crime in the first degree if the person manufactures
any amount of methamphetamine.

(b) deleted text begin Notwithstanding paragraph (a) and section 609.17, deleted text end A
person is guilty of deleted text begin attempted manufacture of methamphetamine deleted text end new text begin a
crime new text end if the person possesses any chemical reagents or
precursors with the intent to manufacture methamphetamine. As
used in this section, "chemical reagents or precursors" deleted text begin refers
to one or more deleted text end new text begin includes any new text end of the following substances, new text begin or any
similar substances that can be used to manufacture
methamphetamine, new text end or deleted text begin their deleted text end new text begin the new text end salts, isomers, and salts of
isomers new text begin of a listed or similar substance new text end :

(1) ephedrine;

(2) pseudoephedrine;

(3) phenyl-2-propanone;

(4) phenylacetone;

(5) anhydrous ammonia deleted text begin , as defined in section 18C.005,
subdivision 1a deleted text end ;

(6) organic solvents;

(7) hydrochloric acid;

(8) lithium metal;

(9) sodium metal;

(10) ether;

(11) sulfuric acid;

(12) red phosphorus;

(13) iodine;

(14) sodium hydroxide;

(15) benzaldehyde;

(16) benzyl methyl ketone;

(17) benzyl cyanide;

(18) nitroethane;

(19) methylamine;

(20) phenylacetic acid;

(21) hydriodic acid; or

(22) hydriotic acid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2004, 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; a person convicted under
subdivision 2a, paragraph (b), may be sentenced to imprisonment
for not more than deleted text begin three deleted text end new text begin ten new text end years or to payment of a fine of not
more than deleted text begin $5,000 deleted text end new text begin $20,000 new text end , or both.

(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; a person convicted under subdivision 2a,
paragraph (b), may be sentenced to imprisonment for not more
than deleted text begin four deleted text end new text begin 15 new text end years or to payment of a fine of not more than
deleted text begin $5,000 deleted text end new text begin $30,000 new text end , or both.

(c) 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 August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

new text begin [152.0275] CERTAIN CONTROLLED SUBSTANCE OFFENSES;
RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Restitution. new text end

new text begin (a) As used in this
subdivision:
new text end

new text begin (1) "clandestine lab site" means any structure or
conveyance or outdoor location occupied or affected by
conditions or chemicals typically associated with the
manufacturing of methamphetamine;
new text end

new text begin (2) "emergency response" includes, but is not limited to,
removing and collecting evidence, securing the site, removal,
remediation, and hazardous chemical assessment or inspection of
the site where the relevant offense or offenses took place,
regardless of whether these actions are performed by the public
entities themselves or by private contractors paid by the public
entities, or the property owner;
new text end

new text begin (3) "remediation" means proper cleanup, treatment, or
containment of hazardous substances or methamphetamine at or in
a clandestine lab site, and may include demolition or disposal
of structures or other property when an assessment so indicates;
and
new text end

new text begin (4) "removal" means the removal from the clandestine lab
site of precursor or waste chemicals, chemical containers, or
equipment associated with the manufacture, packaging, or storage
of illegal drugs.
new text end

new text begin (b) A court may require a person convicted of manufacturing
or attempting to manufacture a controlled substance or of an
illegal activity involving a precursor substance, where the
response to the crime involved an emergency response, to pay
restitution to all public entities that participated in the
response. The restitution ordered may cover the reasonable
costs of their participation in the response.
new text end

new text begin (c) In addition to the restitution authorized in paragraph
(b), a court may require a person convicted of manufacturing or
attempting to manufacture a controlled substance or of illegal
activity involving a precursor substance to pay restitution to a
property owner who incurred removal or remediation costs because
of the crime.
new text end

new text begin Subd. 2. new text end

new text begin Property-related prohibitions; notice; web
site. new text end

new text begin (a) As used in this subdivision:
new text end

new text begin (1) "clandestine lab site" has the meaning given in
subdivision 1, paragraph (a);
new text end

new text begin (2) "property" means publicly or privately owned real
property including buildings and other structures, motor
vehicles as defined in section 609.487, subdivision 2a, public
waters, and public rights-of-way;
new text end

new text begin (3) "remediation" has the meaning given in subdivision 1,
paragraph (a); and
new text end

new text begin (4) "removal" has the meaning given in subdivision 1,
paragraph (a).
new text end

new text begin (b) A peace officer who arrests a person at a clandestine
lab site shall notify the appropriate county or local health
department, state duty officer, and child protection services of
the arrest and the location of the site.
new text end

new text begin (c) A county or local health department or sheriff shall
order that any property or portion of a property that has been
found to be a clandestine lab site and contaminated by
substances, chemicals, or items of any kind used in the
manufacture of methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing
methamphetamine be prohibited from being occupied or used until
it has been assessed and remediated as provided in the
Department of Health's clandestine drug labs general cleanup
guidelines. The remediation shall be accomplished by a
contractor who will make the verification required under
paragraph (e).
new text end

new text begin (d) Unless clearly inapplicable, the procedures specified
in chapter 145A and any related rules adopted under that chapter
addressing the enforcement of public health laws, the removal
and abatement of public health nuisances, and the remedies
available to property owners or occupants apply to this
subdivision.
new text end

new text begin (e) Upon the proper removal and remediation of any property
used as a clandestine lab site, the contractor shall verify to
the applicable authority that issued the order under paragraph
(c) that the work was completed according to the Department of
Health's clandestine drug labs general cleanup guidelines and
best practices and that levels of contamination have been
reduced to levels set forth in the guidelines. The contractor
shall provide the verification to the property owner and the
applicable authority within five days from the completion of the
remediation. Following this, the applicable authority shall
vacate its order.
new text end

new text begin (f) If a contractor issues a verification and the property
was not remediated according to the Department of Health's
clandestine drug labs general cleanup guidelines or the levels
of contamination were not reduced to levels set forth in the
guidelines, the contractor is liable to the property owner for
the additional costs relating to the proper remediation of the
property according to the guidelines and reducing the levels of
contamination to levels set in the guidelines and for reasonable
attorney fees for collection of costs by the property owner. An
action under this paragraph must be commenced within six years
from the date on which the verification was issued by the
contractor.
new text end

new text begin (g) If the applicable authority determines under paragraph
(c) that a motor vehicle has been contaminated by substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine and
if the authority is able to obtain the certificate of title for
the motor vehicle, the authority shall notify the registrar of
motor vehicles of this fact and in addition, forward the
certificate of title to the registrar. The authority shall also
notify the registrar when it vacates its order under paragraph
(e).
new text end

new text begin (h) The applicable authority issuing an order under
paragraph (c) shall record with the county recorder or registrar
of titles of the county where the clandestine lab is located an
affidavit containing the name of the owner, a legal description
of the property where the clandestine lab was located, and a map
drawn from available information showing the boundary of the
property and the location of the contaminated area on the
property that is prohibited from being occupied or used that
discloses to any potential transferee:
new text end

new text begin (1) that the property, or a portion of the property, was
the site of a clandestine lab;
new text end

new text begin (2) the location, condition, and circumstances of the
clandestine lab, to the full extent known or reasonably
ascertainable; and
new text end

new text begin (3) that the use of the property or some portion of it may
be restricted as provided by paragraph (c).
new text end

new text begin If an inaccurate drawing or description is filed, the authority,
on request of the owner or another interested person, shall file
a supplemental affidavit with a corrected drawing or description. new text end

new text begin If the authority vacates its order under paragraph (e), the
authority shall record an affidavit that contains the recording
information of the affidavit and states that the order is
vacated. Upon filing the affidavit vacating the order, the
affidavit and the affidavit filed under this paragraph, together
with the information set forth in the affidavits, cease to
constitute either actual or constructive notice.
new text end

new text begin (i) If proper removal and remediation has occurred on the
property, an interested party may record an affidavit indicating
that this has occurred. Upon filing the affidavit described in
this paragraph, the affidavit and the affidavit filed under
paragraph (h), together with the information set forth in the
affidavits, cease to constitute either actual or constructive
notice. Failure to record an affidavit under this section does
not affect or prevent any transfer of ownership of the property.
new text end

new text begin (j) The county recorder or registrar of titles must record
all affidavits presented under paragraph (h) or (i) in a manner
that assures their disclosure in the ordinary course of a title
search of the subject property.
new text end

new text begin (k) The commissioner of health shall post on the Internet
contact information for each local community health services
administrator.
new text end

new text begin (l) Each local community health services administrator
shall maintain information related to property within the
administrator's jurisdiction that is currently or was previously
subject to an order issued under paragraph (c). The information
maintained must include the name of the owner, the location of
the property, the extent of the contamination, the status of the
removal and remediation work on the property, and whether the
order has been vacated. The administrator shall make this
information available to the public either upon request or by
other means.
new text end

new text begin (m) Before signing an agreement to sell or transfer real
property, the seller or transferor must disclose in writing to
the buyer or transferee if, to the seller's or transferor's
knowledge, methamphetamine production has occurred on the
property. If methamphetamine production has occurred on the
property, the disclosure shall include a statement to the buyer
or transferee informing the buyer or transferee:
new text end

new text begin (1) whether an order has been issued on the property as
described in paragraph (c);
new text end

new text begin (2) whether any orders issued against the property under
paragraph (c) have been vacated under paragraph (i); or
new text end

new text begin (3) if there was no order issued against the property and
the seller or transferor is aware that methamphetamine
production has occurred on the property, the status of removal
and remediation on the property.
new text end

new text begin (n) Unless the buyer or transferee and seller or transferor
agree to the contrary in writing before the closing of the sale,
a seller or transferor who fails to disclose, to the best of
their knowledge, at the time of sale any of the facts required,
and who knew or had reason to know of methamphetamine production
on the property, is liable to the buyer or transferee for:
new text end

new text begin (1) costs relating to remediation of the property according
to the Department of Health's clandestine drug labs general
cleanup guidelines and best practices so that contamination is
reduced to levels set forth in the guidelines; and
new text end

new text begin (2) reasonable attorney fees for collection of costs from
the seller or transferor.
new text end

new text begin An action under this paragraph must be commenced within six
years after the date on which the buyer or transferee closed the
purchase or transfer of the real property where the
methamphetamine production occurred.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1,
2006, and applies to crimes committed on or after that date.
new text end

Sec. 5.

new text begin [152.136] ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
CRIMINAL PENALTIES; CIVIL LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section,
"tamper" means action taken by a person not authorized to take
that action by law or by the owner or authorized custodian of an
anhydrous ammonia container or of equipment where anhydrous
ammonia is used, stored, distributed, or transported.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin (a) A person may not:
new text end

new text begin (1) steal or unlawfully take or carry away any amount of
anhydrous ammonia;
new text end

new text begin (2) purchase, possess, transfer, or distribute any amount
of anhydrous ammonia, knowing, or having reason to know, that it
will be used to unlawfully manufacture a controlled substance;
new text end

new text begin (3) place, have placed, or possess anhydrous ammonia in a
container that is not designed, constructed, maintained, and
authorized to contain or transport anhydrous ammonia;
new text end

new text begin (4) transport anhydrous ammonia in a container that is not
designed, constructed, maintained, and authorized to transport
anhydrous ammonia;
new text end

new text begin (5) use, deliver, receive, sell, or transport a container
designed and constructed to contain anhydrous ammonia without
the express consent of the owner or authorized custodian of the
container; or
new text end

new text begin (6) tamper with any equipment or facility used to contain,
store, or transport anhydrous ammonia.
new text end

new text begin (b) For the purposes of this subdivision, containers
designed and constructed for the storage and transport of
anhydrous ammonia are described in rules adopted under section
18C.121, subdivision 1, or in Code of Federal Regulations, title
49.
new text end

new text begin Subd. 3. new text end

new text begin No cause of action. new text end

new text begin (a) Except as provided in
paragraph (b), a person tampering with anhydrous ammonia
containers or equipment under subdivision 2 shall have no cause
of action for damages arising out of the tampering against:
new text end

new text begin (1) the owner or lawful custodian of the container or
equipment;
new text end

new text begin (2) a person responsible for the installation or
maintenance of the container or equipment; or
new text end

new text begin (3) a person lawfully selling or offering for sale the
anhydrous ammonia.
new text end

new text begin (b) Paragraph (a) does not apply to a cause of action
against a person who unlawfully obtained the anhydrous ammonia
or anhydrous ammonia container or who possesses the anhydrous
ammonia or anhydrous ammonia container for any unlawful purpose.
new text end

new text begin Subd. 4. new text end

new text begin Criminal penalty. new text end

new text begin A person who knowingly
violates subdivision 2 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 $50,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

new text begin [152.137] METHAMPHETAMINE-RELATED CRIMES
INVOLVING CHILDREN AND VULNERABLE ADULTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section,
the following terms have the meanings given.
new text end

new text begin (b) "Chemical substance" means a substance intended to be
used as a precursor in the manufacture of methamphetamine or any
other chemical intended to be used in the manufacture of
methamphetamine.
new text end

new text begin (c) "Child" means any person under the age of 18 years.
new text end

new text begin (d) "Methamphetamine paraphernalia" means all equipment,
products, and materials of any kind that are used, intended for
use, or designed for use in manufacturing, injecting, ingesting,
inhaling, or otherwise introducing methamphetamine into the
human body.
new text end

new text begin (e) "Methamphetamine waste products" means substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine.
new text end

new text begin (f) "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited conduct. new text end

new text begin (a) No person may knowingly
engage in any of the following activities in the presence of a
child or vulnerable adult; in the residence of a child or a
vulnerable adult; in a building, structure, conveyance, or
outdoor location where a child or vulnerable adult might
reasonably be expected to be present; in a room offered to the
public for overnight accommodation; or in any multiple unit
residential building:
new text end

new text begin (1) manufacturing or attempting to manufacture
methamphetamine;
new text end

new text begin (2) storing any chemical substance;
new text end

new text begin (3) storing any methamphetamine waste products; or
new text end

new text begin (4) storing any methamphetamine paraphernalia.
new text end

new text begin (b) No person may knowingly cause or permit a child or
vulnerable adult to inhale, be exposed to, have contact with, or
ingest methamphetamine, a chemical substance, or methamphetamine
paraphernalia.
new text end

new text begin Subd. 3. new text end

new text begin Criminal penalty. new text end

new text begin A person who violates
subdivision 2 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.
new text end

new text begin Subd. 4. new text end

new text begin Multiple sentences. new text end

new text begin Notwithstanding sections
609.035 and 609.04, a prosecution for or conviction under this
section is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
new text end

new text begin Subd. 5. new text end

new text begin Protective custody. new text end

new text begin A peace officer may take
any child present in an area where any of the activities
described in subdivision 2, paragraph (a), clauses (1) to (4),
are taking place into protective custody in accordance with
section 260C.175, subdivision 1, paragraph (b), clause (2). A
child taken into protective custody under this subdivision shall
be provided health screening to assess potential health concerns
related to methamphetamine as provided in section 260C.188. A
child not taken into protective custody under this subdivision
but who is known to have been exposed to methamphetamine shall
be offered health screening for potential health concerns
related to methamphetamine as provided in section 260C.188.
new text end

new text begin Subd. 6. new text end

new text begin Reporting maltreatment of vulnerable adult. new text end

new text begin (a)
A peace officer shall make a report of suspected maltreatment of
a vulnerable adult if the vulnerable adult is present in an area
where any of the activities described in subdivision 2,
paragraph (a), clauses (1) to (4), are taking place, and the
peace officer has reason to believe the vulnerable adult
inhaled, was exposed to, had contact with, or ingested
methamphetamine, a chemical substance, or methamphetamine
paraphernalia. The peace officer shall immediately report to
the county common entry point as described in section 626.557,
subdivision 9b.
new text end

new text begin (b) As required in section 626.557, subdivision 9b, law
enforcement is the primary agency to conduct investigations of
any incident when there is reason to believe a crime has been
committed. Law enforcement shall initiate a response
immediately. If the common entry point notified a county agency
for adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and
shall exchange data to the extent authorized in section 626.557,
subdivision 12b, paragraph (g). County adult protection shall
initiate a response immediately.
new text end

new text begin (c) The county social services agency shall immediately
respond as required in section 626.557, subdivision 10, upon
receipt of a report from the common entry point staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 168A.05,
subdivision 3, is amended to read:

Subd. 3.

Content of certificate.

Each certificate of
title issued by the department shall contain:

(1) the date issued;

(2) the first, middle, and last names, the dates of birth,
and addresses of all owners who are natural persons, the full
names and addresses of all other owners;

(3) the names and addresses of any secured parties in the
order of priority as shown on the application, or if the
application is based on a certificate of title, as shown on the
certificate, or as otherwise determined by the department;

(4) any liens filed pursuant to a court order or by a
public agency responsible for child support enforcement against
the owner;

(5) the title number assigned to the vehicle;

(6) a description of the vehicle including, so far as the
following data exists, its make, model, year, identifying
number, type of body, whether new or used, and if a new vehicle,
the date of the first sale of the vehicle for use;

(7) with respect to motor vehicles subject to the
provisions of section 325E.15, the true cumulative mileage
registered on the odometer or that the actual mileage is unknown
if the odometer reading is known by the owner to be different
from the true mileage;

(8) with respect to vehicles subject to sections 325F.6641
and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
"prior salvage," or "reconstructed"; deleted text begin and
deleted text end

(9) new text begin with respect to a vehicle contaminated by
methamphetamine production, if the registrar has received the
certificate of title and notice described in section 152.0275,
subdivision 2, paragraph (g), the term "hazardous waste
contaminated vehicle"; and
new text end

new text begin (10) new text end any other data the department prescribes.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 8.

new text begin [244.055] CONDITIONAL RELEASE OF NONVIOLENT
CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.
new text end

new text begin Subdivision 1. new text end

new text begin Conditional release authority. new text end

new text begin The
commissioner of corrections has the authority to release
offenders committed to the commissioner's custody who meet the
requirements of this section and of any rules adopted by the
commissioner.
new text end

new text begin Subd. 2. new text end

new text begin Conditional release of certain nonviolent
controlled substance offenders. new text end

new text begin An offender who has been
committed to the commissioner's custody may petition the
commissioner for conditional release from prison before the
offender's scheduled supervised release date or target release
date if:
new text end

new text begin (1) the offender is serving a sentence for violating
section 152.021, 152.022, 152.023, 152.024, or 152.025;
new text end

new text begin (2) the offender committed the crime as a result of a
controlled substance addiction, and not primarily for profit;
new text end

new text begin (3) the offender has served at least 36 months or one-half
of the offender's term of imprisonment, whichever is less;
new text end

new text begin (4) the offender successfully completed a chemical
dependency treatment program while in prison;
new text end

new text begin (5) the offender has not previously been conditionally
released under this section; and
new text end

new text begin (6) the offender has not previously been convicted or
adjudicated delinquent for a violent crime as defined in section
609.1095 other than a previous conviction or adjudication for a
violation of chapter 152.
new text end

new text begin Subd. 3. new text end

new text begin Offer of chemical dependency treatment. new text end

new text begin The
commissioner shall offer all offenders meeting the criteria
described in subdivision 2, clauses (1) and (2), the opportunity
to begin a suitable chemical dependency treatment program within
120 days after the offender's term of imprisonment begins.
new text end

new text begin Subd. 4. new text end

new text begin Release procedures. new text end

new text begin The commissioner may not
grant conditional release to an offender under this section
unless the commissioner determines that the offender's release
will not pose a danger to the public or an individual. In
making this determination, the commissioner shall follow the
procedures contained in section 244.05, subdivision 5, and the
rules adopted by the commissioner under that subdivision. The
commissioner shall consider whether the offender was involved in
criminal gang activity either before or during the offender's
prison term. The commissioner shall also consider the
offender's custody classification and level of risk of violence
and the availability of appropriate community supervision for
the offender. Conditional release granted under this section
continues until the offender's sentence expires, unless release
is rescinded under subdivision 5.
new text end

new text begin Subd. 5. new text end

new text begin Conditional release. new text end

new text begin The conditions of release
granted under this section are governed by the statutes and
rules governing supervised release under this chapter, except
that release may be rescinded without hearing by the
commissioner if the commissioner determines that continuation of
the conditional release poses a danger to the public or to an
individual. If the commissioner rescinds an offender's
conditional release, the offender shall be returned to prison
and shall serve the remaining portion of the offender's sentence.
new text end

new text begin Subd. 6. new text end

new text begin Offenders serving other sentences. new text end

new text begin An offender
who is serving both a sentence for an offense described in
subdivision 2 and an offense not described in subdivision 2, is
not eligible for release under this section unless the offender
has completed the offender's full term of imprisonment for the
other offense.
new text end

new text begin Subd. 7. new text end

new text begin Notice. new text end

new text begin Upon receiving an offender's petition
for release under subdivision 2, the commissioner shall notify
the prosecuting authority responsible for the offender's
conviction and the sentencing court. The commissioner shall
give the authority and court a reasonable opportunity to comment
on the offender's potential release.
new text end

new text begin Subd. 8. new text end [COMMISSIONER'S DUTY.] new text begin The commissioner shall
personally review the file and make the final determination
regarding conditional release under this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to persons in prison on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 260C.171, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Notice to school. new text end

new text begin (a) As used in this
subdivision, the following terms have the meanings given.
"Chemical substance," "methamphetamine paraphernalia," and
"methamphetamine waste products" have the meanings given in
section 152.137, subdivision 1. "School" means a charter school
or a school as defined in section 120A.22, subdivision 4, except
a home school.
new text end

new text begin (b) If a child has been taken into protective custody after
being found in an area where methamphetamine was being
manufactured or attempted to be manufactured or where any
chemical substances, methamphetamine paraphernalia, or
methamphetamine waste products were stored, and the child is
enrolled in school, the officer who took the child into custody
shall notify the chief administrative officer of the child's
school of this fact.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to acts occurring on or after that date.
new text end

Sec. 10.

new text begin [299C.90] CITIZEN REPORTS OF METHAMPHETAMINE
VIOLATIONS.
new text end

new text begin The superintendent of the Bureau of Criminal Apprehension
shall maintain and publicize a toll-free telephone number to
enable citizens to report information about potential
methamphetamine violations, including, but not limited to,
illicit methamphetamine laboratories. The agency shall take
appropriate steps after receiving a citizen report after
considering the nature and trustworthiness of the information
reported, including, but not limited to, contacting the
appropriate law enforcement agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.1095,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section,
the following terms have the meanings given.

(b) "Conviction" means any of the following accepted and
recorded by the court: a plea of guilty, a verdict of guilty by
a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred
before the offender committed the next felony resulting in a
conviction and before the offense for which the offender is
being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
deleted text begin section deleted text end new text begin sections 152.137; new text end 609.165; 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
1e; 609.687; new text begin and new text end 609.855, subdivision 5; any provision of
sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
punishable by a felony penalty; or any provision of chapter 152
that is punishable by a maximum sentence of 15 years or more.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2004, section 617.81, is
amended by adding a subdivision to read:

new text begin Subd. 2b. new text end

new text begin Exception; nuisances involving methamphetamine
manufacture. new text end

new text begin Notwithstanding subdivision 2, for purposes of
sections 617.80 to 617.87, a public nuisance exists upon proof
of one or more behavioral incidents involving the manufacturing
or attempted manufacture of methamphetamine in the previous 12
months within the building. The requirement of two or more
behavioral incidents in subdivision 2, paragraph (b), does not
apply to incidents involving the manufacturing or attempted
manufacture of methamphetamine.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to acts committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2004, section 617.81,
subdivision 4, is amended to read:

Subd. 4.

Notice.

(a) If a prosecuting attorney has
reason to believe that a nuisance is maintained or permitted in
the jurisdiction the prosecuting attorney serves, and intends to
seek abatement of the nuisance, the prosecuting attorney shall
provide the written notice described in paragraph (b), by
personal service or certified mail, return receipt requested, to
the owner and all interested parties known to the prosecuting
attorney.

(b) The written notice must:

(1) state that a nuisance as defined in subdivision 2 is
maintained or permitted in the building and must specify the
kind or kinds of nuisance being maintained or permitted;

(2) summarize the evidence that a nuisance is maintained or
permitted in the building, including the new text begin date or new text end dates on which
nuisance-related new text begin activity or new text end activities are alleged to have
occurred;

(3) inform the recipient that failure to abate the conduct
constituting the nuisance or to otherwise resolve the matter
with the prosecuting attorney within 30 days of service of the
notice may result in the filing of a complaint for relief in
district court that could, among other remedies, result in
enjoining the use of the building for any purpose for one year
or, in the case of a tenant, could result in cancellation of the
lease; and

(4) inform the owner of the options available under section
617.85.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to acts committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2004, section 617.85, is
amended to read:

617.85 NUISANCE; MOTION TO CANCEL LEASE.

Where notice is provided under section 617.81, subdivision
4, that an abatement of a nuisance is sought and the
circumstances that are the basis for the requested abatement
involved the acts of a commercial or residential tenant or
lessee of part or all of a building, the owner of the building
that is subject to the abatement proceeding may file before the
court that has jurisdiction over the abatement proceeding a
motion to cancel the lease or otherwise secure restitution of
the premises from the tenant or lessee who has maintained or
conducted the nuisance. The owner may assign to the prosecuting
attorney the right to file this motion. In addition to the
grounds provided in chapter 566, the maintaining or conducting
of a nuisance as defined in section 617.81, subdivision 2, by a
tenant or lessee, is an additional ground authorized by law for
seeking the cancellation of a lease or the restitution of the
premises. Service of motion brought under this section must be
served in a manner that is sufficient under the Rules of Civil
Procedure and chapter 566.

It is no defense to a motion under this section by the
owner or the prosecuting attorney that the lease or other
agreement controlling the tenancy or leasehold does not provide
for eviction or cancellation of the lease upon the ground
provided in this section.

Upon a finding by the court that the tenant or lessee has
maintained or conducted a nuisance in any portion of the
building, the court shall order cancellation of the lease or
tenancy and grant restitution of the premises to the owner. The
court must not order abatement of the premises if the court:

(a) cancels a lease or tenancy and grants restitution of
that portion of the premises to the owner; and

(b) further finds that the new text begin act or new text end acts constituting the
nuisance as defined in section 617.81, subdivision 2, were
committed by the tenant or lessee whose lease or tenancy has
been canceled pursuant to this section and the tenant or lessee
was not committing the new text begin act or new text end acts in conjunction with or under
the control of the owner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to acts committed on or after that date.
new text end

Sec. 15. new text begin BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR
ANIMAL PRODUCTS.
new text end

new text begin The Board of Veterinary Medicine shall study and issue a
report on animal products that may be used in the manufacture of
methamphetamine. The report must include proposals for
restricting access to such products only to legitimate users,
specifically addressing the manufacturing, wholesaling,
distributing, and retailing of precursor veterinary products.
The board shall report its findings to the chairs and ranking
minority members of the senate and house committees having
jurisdiction over criminal justice and veterinary policy by
February 1, 2006.
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. 16. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall recodify the provisions of
Minnesota Statutes, section 152.021, subdivision 2a, paragraph
(b), and subdivision 3, as amended by this article, that relate
to the possession of chemical reagents or precursors with the
intent to manufacture methamphetamine and the penalties for
doing this into a new section of law codified as Minnesota
Statutes, section 152.0262. The revisor shall make any
necessary technical changes, including, but not limited to,
changes to statutory cross-references, to Minnesota Statutes,
section 152.021, and any other statutory sections to accomplish
this.
new text end

Sec. 17. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
5, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 7

GENERAL CRIME PROVISIONS

Section 1.

Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Proof of aggravating factors. new text end

new text begin The court shall
allow a prosecutor seeking to prove the existence of an
aggravating factor justifying an upward departure under the
Sentencing Guidelines the opportunity to prove this to the fact
finder. The prosecutor shall provide reasonable notice to the
defendant and the court of the prosecutor's intent to seek an
upward departure and the aggravating factor on which the
prosecutor intends to rely. Upon reasonable notice, the court
shall allow the prosecutor the opportunity to prove the
aggravating factor either in a unitary or bifurcated trial.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to sentencing hearings,
resentencing hearings, and sentencing departures sought on or
after that date.
new text end

Sec. 2.

new text begin [325F.696] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For the purposes of sections
325F.696 to 325F.699, the terms in this section have the
meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Commercial electronic mail message. new text end

new text begin "Commercial
electronic mail message" means any electronic mail message, the
primary purpose of which is the commercial advertisement or
promotion of a commercial product or service, including content
on an Internet Web site operated for a commercial purpose, but
does not include a transactional or relationship message. The
inclusion of a reference to a commercial entity or a link to the
Web site of a commercial entity does not, by itself, cause that
message to be treated as a commercial electronic mail message
for the purpose of this section if the contents or circumstances
of the message indicate a primary purpose other than commercial
advertisement or promotion of a commercial product or service.
new text end

new text begin Subd. 3. new text end

new text begin Computer. new text end

new text begin "Computer" means an electronic device
that performs logical, arithmetic, and memory functions by the
manipulation of electronic or magnetic impulses. Computer
includes, but is not limited to, all input, output, processing,
storage, computer program, or communication facilities that are
connected or related in a computer system or network to an
electronic device of that nature.
new text end

new text begin Subd. 4. new text end

new text begin Computer network. new text end

new text begin "Computer network" means a
set of related and remotely connected computers and
communication facilities that includes more than one computer
system that has the capability to transmit among the connected
computers and communication facilities through the use of
computer facilities.
new text end

new text begin Subd. 5. new text end

new text begin Computer system. new text end

new text begin "Computer system" means a
computer and related devices, whether connected or unconnected,
including, but not limited to, data input, output, and storage
devices, data communication links, and computer programs and
data that make the system capable of performing specified
special purpose data processing tasks.
new text end

new text begin Subd. 6. new text end

new text begin Domain name. new text end

new text begin "Domain name" means any
alphanumeric designation that is registered with or assigned by
any domain name registrar, domain name registry, or other domain
name registration authority as part of an electronic address on
the Internet.
new text end

new text begin Subd. 7. new text end

new text begin Electronic mail. new text end

new text begin "Electronic mail" means an
electronic message that is transmitted between two or more
telecommunications devices or electronic devices capable of
receiving electronic messages, whether or not the message is
converted to hard copy format after receipt, and whether or not
the message is viewed upon the transmission or stored for later
retrieval. "Electronic mail" includes electronic messages that
are transmitted through a local, regional, or global computer
network.
new text end

new text begin Subd. 8. new text end

new text begin Originating address. new text end

new text begin "Originating address"
means the string of characters used to specify the source of any
electronic mail message.
new text end

new text begin Subd. 9. new text end

new text begin Receiving address. new text end

new text begin "Receiving address" means
the string of characters used to specify a recipient with each
receiving address creating a unique and separate recipient.
new text end

new text begin Subd. 10. new text end

new text begin Electronic mail message. new text end

new text begin "Electronic mail
message" means each electronic mail message addressed to a
discrete addressee.
new text end

new text begin Subd. 11. new text end

new text begin Electronic mail service provider. new text end

new text begin "Electronic
mail service provider" means any person, including an Internet
service provider, that is an intermediary in sending and
receiving electronic mail and that provides to the public
electronic mail accounts or online user accounts from which
electronic mail may be sent.
new text end

new text begin Subd. 12. new text end

new text begin Header information. new text end

new text begin "Header information" means
the source, destination, and routing information attached to an
electronic mail message, including the originating domain name,
originating address, and technical information that
authenticates the sender of an electronic mail message for
computer network security or computer network management
purposes.
new text end

new text begin Subd. 13. new text end

new text begin Initiate the transmission;
initiated. new text end

new text begin "Initiate the transmission" or "initiated" means to
originate or transmit a commercial electronic mail message or to
procure the origination or transmission of that message,
regardless of whether the message reaches its intended
recipients, but does not include actions that constitute routine
conveyance of the message.
new text end

new text begin Subd. 14. new text end

new text begin Internet. new text end

new text begin "Internet" means collectively the
myriad of computer and telecommunications facilities, including
equipment and operating software, which comprise the
interconnected worldwide network of networks that employ the
Transmission Control Protocol/Internet Protocol, or any
predecessor or successor protocols to this protocol, to
communication information of all kinds by wire or radio.
new text end

new text begin Subd. 15. new text end

new text begin Internet protocol address. new text end

new text begin "Internet protocol
address" means the string of numbers by which locations on the
Internet are identified by routers or other computers connected
to the Internet.
new text end

new text begin Subd. 16. new text end

new text begin Materially falsify. new text end

new text begin "Materially falsify" means
to alter or conceal in a manner that would impair the ability of
a recipient of an electronic mail message, an electronic mail
service provider processing an electronic mail message on behalf
of a recipient, a person alleging a violation of section
325F.697, or a law enforcement agency to identify, locate, or
respond to the person that initiated the electronic mail message
or to investigate an alleged violation of this section.
new text end

new text begin Subd. 17. new text end

new text begin Multiple. new text end

new text begin "Multiple" means more than ten
commercial electronic mail messages during a 24-hour period,
more than 100 commercial electronic mail messages during a
30-day period, or more than 1,000 commercial electronic mail
messages during a one-year period.
new text end

new text begin Subd. 18. new text end

new text begin Recipient. new text end

new text begin "Recipient" means a person who
receives a commercial electronic mail message at any one of the
following receiving addresses:
new text end

new text begin (1) a receiving address furnished by an electronic mail
service provider that bills for furnishing and maintaining that
receiving address to a mailing address within this state;
new text end

new text begin (2) a receiving address ordinarily accessed from a computer
located within this state or by a person domiciled within this
state; or
new text end

new text begin (3) any other receiving address with respect to which this
section can be imposed consistent with the United States
Constitution.
new text end

new text begin Subd. 19. new text end

new text begin Routine conveyance. new text end

new text begin "Routine conveyance" means
the transmission, routing, relaying, handling, or storing,
through an automated technical process, of an electronic mail
message for which another person has identified the recipients
or provided the recipient addresses.
new text end

new text begin Subd. 20. new text end

new text begin Transactional or relationship
message. new text end

new text begin "Transactional or relationship message" means an
electronic mail message the primary purpose of which is to do
any of the following:
new text end

new text begin (1) facilitate, complete, or confirm a commercial
transaction that the recipient has previously agreed to enter
into with the sender;
new text end

new text begin (2) provide warranty information, product recall
information, or safety or security information with respect to a
commercial product or service used or purchased by the
recipient;
new text end

new text begin (3) provide notification concerning a change in the terms
or features of; a change in the recipient's standing or status
with respect to; or, at regular periodic intervals, account
balance information or other type of account statement with
respect to a subscription, membership, account, loan, or
comparable ongoing commercial relationship involving the ongoing
purchase or use by the recipient of products or services offered
by the sender;
new text end

new text begin (4) provide information directly related to an employment
relationship or related benefit plan in which the recipient is
currently involved, participating, or enrolled; or
new text end

new text begin (5) deliver goods or services, including product updates or
upgrades, that the recipient is entitled to receive under the
terms of a transaction that the recipient has previously agreed
to enter into with the sender.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 3.

new text begin [325F.697] FALSE, MISLEADING, OR DECEPTIVE
COMMERCIAL ELECTRONIC MAIL MESSAGES PROHIBITED.
new text end

new text begin No person, with regard to commercial electronic mail
messages sent from or to a computer in this state, shall do any
of the following:
new text end

new text begin (1) knowingly use a computer to relay or retransmit
multiple commercial electronic mail messages, with the intent to
deceive or mislead recipients or any electronic mail service
provider, as to the origin of those messages;
new text end

new text begin (2) knowingly and materially falsify header information in
multiple commercial electronic mail messages and purposely
initiate the transmission of those messages;
new text end

new text begin (3) knowingly register, using information that materially
falsifies the identity of the actual registrant, for five or
more electronic mail accounts or online user accounts or two or
more domain names and purposely initiate the transmission of
multiple commercial electronic mail messages from one, or any
combination, of those accounts or domain names; or
new text end

new text begin (4) knowingly falsely represent the right to use five or
more Internet protocol addresses and purposely initiate the
transmission of multiple commercial electronic mail messages
from those addresses.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 4.

new text begin [325F.698] ILLEGAL TRANSMISSION OF MULTIPLE
MESSAGES; CRIMINAL PENALTIES.
new text end

new text begin (a) Whoever violates section 325F.697 is guilty of
illegally transmitting multiple commercial electronic mail
messages. Except as otherwise provided in paragraph (b) or
section 325F.699, subdivision 3, illegally transmitting multiple
commercial electronic mail messages is a misdemeanor.
new text end

new text begin (b) Illegally transmitting multiple commercial electronic
mail messages is a gross misdemeanor if any of the following
apply:
new text end

new text begin (1) regarding a violation of section 325F.697, clause (3),
the offender, using information that materially falsifies the
identity of the actual registrant, knowingly registers for 20 or
more electronic mail accounts or online user accounts or ten or
more domain names, and purposely initiates, or conspires to
initiate, the transmission of multiple commercial electronic
mail messages from the accounts or domain names;
new text end

new text begin (2) regarding any violation of section 325F.697, the volume
of commercial electronic mail messages the offender transmitted
in committing the violation exceeds 250 during any 24-hour
period, 2,500 during any 30-day period, or 25,000 during any
one-year period;
new text end

new text begin (3) regarding any violation of section 325F.697, during any
one-year period the aggregate loss to the victim or victims of
the violation is $500 or more, or during any one-year period the
aggregate value of the property or services obtained by any
offender as a result of the violation is $500 or more;
new text end

new text begin (4) regarding any violation of section 325F.697, the
offender committed the violation with three or more other
persons with respect to whom the offender was the organizer or
leader of the activity that resulted in the violation;
new text end

new text begin (5) regarding any violation of section 325F.697, the
offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses to which the
commercial electronic mail message was transmitted, if that
offender knew that the electronic mail addresses of the
recipients were obtained using an automated means from an
Internet Web site or proprietary online service operated by
another person, and that Web site or online service included, at
the time the electronic mail addresses were obtained, a notice
stating that the operator of that Web site or online service
will not transfer addresses maintained by that Web site or
online service to any other party for the purposes of initiating
the transmission of, or enabling others to initiate the
transmission of, electronic mail messages; or
new text end

new text begin (6) regarding any violation of section 325F.697, the
offender knowingly assisted in the violation through the
provision or selection of electronic mail addresses of the
recipients obtained using an automated means that generates
possible electronic mail addresses by combining names, letters,
or numbers into numerous permutations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 5.

new text begin [325F.699] UNAUTHORIZED ACCESS TO A COMPUTER;
CRIMINAL PENALTIES.
new text end

new text begin Subdivision 1. new text end

new text begin Prohibition. new text end

new text begin No person, with regard to
commercial electronic mail messages sent from or to a computer
in this state, shall knowingly access a computer without
authorization and purposely initiate the transmission of
multiple commercial electronic mail messages from or through the
computer.
new text end

new text begin Subd. 2. new text end

new text begin Gross misdemeanor. new text end

new text begin Except as otherwise provided
in subdivision 3, whoever violates subdivision 1 is guilty of
unauthorized access of a computer, a gross misdemeanor.
new text end

new text begin Subd. 3. new text end

new text begin Felony. new text end

new text begin Illegally transmitting multiple
commercial electronic mail messages and unauthorized access of a
computer in violation of this section are felonies if the
offender previously has been convicted of a violation of this
section, or a violation of a law of another state or the United
States regarding the transmission of electronic mail messages or
unauthorized access to a computer, or if the offender committed
the violation of this section in the furtherance of a felony.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2004, section 518B.01,
subdivision 22, is amended to read:

Subd. 22.

deleted text begin violation of a deleted text end domestic abuse no contact
order.

(a) A domestic abuse no contact order is an order issued
by a court against a defendant in a criminal proceeding for new text begin :
new text end

new text begin (1) new text end domestic abuse new text begin ;
new text end

new text begin (2) harassment or stalking charged under section 609.749
and committed against a family or household member;
new text end

new text begin (3) violation of an order for protection charged under
subdivision 14; or
new text end

new text begin (4) violation of a prior domestic abuse no contact order
charged under this subdivision new text end .

It includes pretrial orders before final disposition of the case
and probationary orders after sentencing.

(b) A person who knows of the existence of a domestic abuse
no contact order issued against the person and violates the
order is guilty of a misdemeanor.

(c) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated a domestic abuse no contact order, even
if the violation of the order did not take place in the presence
of the peace officer, if the existence of the order can be
verified by the officer. The person shall be held in custody
for at least 36 hours, excluding the day of arrest, Sundays, and
holidays, unless the person is released earlier by a judge or
judicial officer. A peace officer acting in good faith and
exercising due care in making an arrest pursuant to this
paragraph is immune from civil liability that might result from
the officer's actions.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 7.

Minnesota Statutes 2004, section 609.119, is
amended to read:

609.119 ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR
DNA TESTING.

(a) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end The court shall
order an offender to provide a biological specimen for the
purpose of deleted text begin future deleted text end DNA analysis as described in section 299C.155
when:

(1) the court sentences a person charged with committing or
attempting to commit a felony offense not described in section
609.117, subdivision 1, and the person is convicted of that
offense or of any felony offense arising out of the same set of
circumstances; or

(2) the juvenile court adjudicates a person a delinquent
child who is petitioned for committing or attempting to commit a
felony offense not described in section 609.117, subdivision 1,
and is adjudicated delinquent for that offense or any
felony-level offense arising out of the same set of
circumstances.

The biological specimen shall be maintained by the Bureau of
Criminal Apprehension as provided in section 299C.155.

(b) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end The commissioner
of corrections or local corrections authority shall order a
person to provide a biological specimen for the purpose of
deleted text begin future deleted text end DNA analysis as described in section 299C.155 before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis, and the person:

(1) was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1, and was convicted of that offense or of any
felony offense arising out of the same set of circumstances; or

(2) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of
committing or attempting to commit a felony offense not
described in section 609.117, subdivision 1, or of any felony
offense arising out of the same set of circumstances if the
person was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1.

The commissioner of corrections or local corrections authority
shall forward the sample to the Bureau of Criminal Apprehension.

(c) deleted text begin From July 1, 2003, to June 30, 2005, deleted text end When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16 or 243.1605, the acceptance
is conditional on the offender providing a biological specimen
for the purposes of deleted text begin future deleted text end DNA analysis as described in section
299C.155, if the offender was initially charged with committing
or attempting to commit a felony offense not described in
section 609.117, subdivision 1, and was convicted of that
offense or of any felony offense arising out of the same set of
circumstances. The specimen must be provided under supervision
of staff from the Department of Corrections or a Community
Corrections Act county within 15 business days after the
offender reports to the supervising agent. The cost of
obtaining the biological specimen is the responsibility of the
agency providing supervision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 609.185, is
amended to read:

609.185 MURDER IN THE FIRST DEGREE.

(a) Whoever does any of the following is guilty of murder
in the first degree and shall be sentenced to imprisonment for
life:

(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;

(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;

(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, a drive-by shooting,
tampering with a witness in the first degree, escape from
custody, or any felony violation of chapter 152 involving the
unlawful sale of a controlled substance;

(4) causes the death of a peace officer or a guard employed
at a Minnesota state or local correctional facility, with intent
to effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties;

(5) causes the death of a minor while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon deleted text begin the deleted text end new text begin a new text end child and the death occurs under
circumstances manifesting an extreme indifference to human life;

(6) causes the death of a human being while committing
domestic abuse, when the perpetrator has engaged in a past
pattern of domestic abuse upon the victim or upon another family
or household member and the death occurs under circumstances
manifesting an extreme indifference to human life; or

(7) causes the death of a human being while committing,
conspiring to commit, or attempting to commit a felony crime to
further terrorism and the death occurs under circumstances
manifesting an extreme indifference to human life.

(b) For purposes of paragraph (a), clause (5), "child abuse"
means an act committed against a minor victim that constitutes a
violation of the following laws of this state or any similar
laws of the United States or any other state: section 609.221;
609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344;
609.345; 609.377; 609.378; or 609.713.

(c) For purposes of paragraph (a), clause (6), "domestic
abuse" means an act that:

(1) constitutes a violation of section 609.221, 609.222,
609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
609.713, or any similar laws of the United States or any other
state; and

(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).

(d) For purposes of paragraph (a), clause (7), "further
terrorism" has the meaning given in section 609.714, subdivision
1.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and applies to crimes committed on or
after that date.
new text end

Sec. 9.

Minnesota Statutes 2004, section 609.223, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Assault by strangulation or asphyxiation. new text end

new text begin (a)
As used in this subdivision, "strangulation" means intentionally
impeding normal breathing or circulation of the blood by
applying pressure on the throat or neck or by blocking the nose
or mouth of another person.
new text end

new text begin (b) Unless a greater penalty is provided elsewhere, whoever
assaults another by strangulation or asphyxiation 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2004, section 609.2231, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Secure treatment facility personnel. new text end

new text begin (a) As
used in this subdivision, "secure treatment facility" has the
meaning given in section 253B.02, subdivision 18a.
new text end

new text begin (b) Whoever, while committed under section 253B.185 or
Minnesota Statutes 1992, section 526.10, commits either of the
following acts against an employee or other individual who
provides care or treatment at a secure treatment facility while
the person is engaged in the performance of a duty imposed by
law, policy, or rule is guilty of a felony and may be sentenced
to imprisonment for not more than two years or to payment of a
fine of not more than $4,000, or both:
new text end

new text begin (1) assaults the person and inflicts demonstrable bodily
harm; or
new text end

new text begin (2) intentionally throws or otherwise transfers bodily
fluids or feces at or onto the person.
new text end

new text begin (c) The court shall commit a person convicted of violating
paragraph (b) to the custody of the commissioner of corrections
for not less than a year and a day. The court may not, on its
own motion or the prosecutor's motion, sentence a person without
regard to this paragraph. A person convicted and sentenced as
required by this paragraph is not eligible for probation,
parole, discharge, work 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.
new text end

new text begin (d) Notwithstanding the statutory maximum sentence provided
in paragraph (b), when a court sentences a person to the custody
of the commissioner of corrections for a violation of paragraph
(b), the court shall provide that after the person has completed
the sentence imposed, the commissioner shall place the person on
conditional release for five years. The terms of conditional
release are governed by sections 244.05 and 609.109.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2004, section 609.229,
subdivision 3, is amended to read:

Subd. 3.

Penalty.

(a) If the crime committed in
violation of subdivision 2 is a felony, the statutory maximum
for the crime is five years longer than the statutory maximum
for the underlying crime. new text begin If the crime committed in violation
of subdivision 2 is a felony, and the victim of the crime is a
child under the age of 18 years, the statutory maximum for the
crime is ten years longer than the statutory maximum for the
underlying crime.
new text end

(b) If the crime committed in violation of subdivision 2 is
a misdemeanor, the person is guilty of a gross misdemeanor.

(c) If the crime committed in violation of subdivision 2 is
a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $15,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 12.

new text begin [609.281] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin As used in sections 609.281 to
609.284, the following terms have the meanings given.
new text end

new text begin Subd. 2. new text end

new text begin Blackmail. new text end

new text begin "Blackmail" means a threat to expose
any fact or alleged fact tending to cause shame or to subject
any person to hatred, contempt, or ridicule.
new text end

new text begin Subd. 3. new text end

new text begin Debt bondage. new text end

new text begin "Debt bondage" means the status
or condition of a debtor arising from a pledge by the debtor of
the debtor's personal services or those of a person under the
debtor's control as a security for debt, if the value of those
services as reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of those
services are not respectively limited and defined.
new text end

new text begin Subd. 4. new text end

new text begin Forced labor or services. new text end

new text begin "Forced labor or
services" means labor or services that are performed or provided
by another person and are obtained or maintained through an
actor's:
new text end

new text begin (1) threat, either implicit or explicit, scheme, plan, or
pattern, or other action intended to cause a person to believe
that, if the person did not perform or provide the labor or
services, that person or another person would suffer bodily harm
or physical restraint;
new text end

new text begin (2) physically restraining or threatening to physically
restrain a person;
new text end

new text begin (3) abuse or threatened abuse of the legal process;
new text end

new text begin (4) knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
other immigration document, or any other actual or purported
government identification document, of another person; or
new text end

new text begin (5) use of blackmail.
new text end

new text begin Subd. 5. new text end

new text begin Labor trafficking. new text end

new text begin "Labor trafficking" means
the recruitment, transportation, transfer, harboring,
enticement, provision, obtaining, or receipt of a person by any
means, whether a United States citizen or foreign national, for
the purpose of:
new text end

new text begin (1) debt bondage or forced labor or services;
new text end

new text begin (2) slavery or practices similar to slavery; or
new text end

new text begin (3) the removal of organs through the use of coercion or
intimidation.
new text end

new text begin Subd. 6. new text end

new text begin Labor trafficking victim. new text end

new text begin "Labor trafficking
victim" means a person subjected to the practices in subdivision
5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 13.

new text begin [609.282] LABOR TRAFFICKING.
new text end

new text begin Whoever knowingly engages in the labor trafficking of
another is guilty of a crime and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine
of not more than $30,000, or both. In a prosecution under this
section the consent or age of the victim is not a defense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 14.

new text begin [609.283] UNLAWFUL CONDUCT WITH RESPECT TO
DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.
new text end

new text begin Unless the person's conduct constitutes a violation of
section 609.282, a person who knowingly destroys, conceals,
removes, confiscates, or possesses any actual or purported
passport or other immigration document, or any other actual or
purported government identification document, of another person:
new text end

new text begin (1) in the course of a violation of section 609.282 or
609.322;
new text end

new text begin (2) with intent to violate section 609.282 or 609.322; or
new text end

new text begin (3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, a person's liberty to move
or travel, in order to maintain the labor or services of that
person, when the person is or has been a victim of a violation
of section 609.282 or 609.322;
new text end

new text begin is guilty of a crime 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. In a prosecution under this section the
consent or age of the victim is not a defense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 15.

new text begin [609.284] LABOR OR SEX TRAFFICKING CRIMES;
DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.
new text end

new text begin Subdivision 1. new text end

new text begin Consent or age of victim not a
defense. new text end

new text begin In an action under this section the consent or age of
the victim is not a defense.
new text end

new text begin Subd. 2. new text end

new text begin Civil liability. new text end

new text begin A labor trafficking victim may
bring a cause of action against a person who violates section
609.282 or 609.283. The court may award damages, including
punitive damages, reasonable attorney fees, and other litigation
costs reasonably incurred by the victim. This remedy is in
addition to potential criminal liability.
new text end

new text begin Subd. 3. new text end

new text begin Corporate liability. new text end

new text begin If a corporation or other
business enterprise is convicted of violating section 609.282,
609.283, or 609.322, in addition to the criminal penalties
described in those sections and other remedies provided
elsewhere in law, the court may, when appropriate:
new text end

new text begin (1) order its dissolution or reorganization;
new text end

new text begin (2) order the suspension or revocation of any license,
permit, or prior approval granted to it by a state agency; or
new text end

new text begin (3) order the surrender of its charter if it is organized
under Minnesota law or the revocation of its certificate to
conduct business in Minnesota if it is not organized under
Minnesota law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2004, section 609.321,
subdivision 1, is amended to read:

Subdivision 1.

Scope.

For the purposes of sections
609.321 to deleted text begin 609.324 deleted text end new text begin 609.325 new text end , the following terms have the
meanings given.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2004, section 609.321,
subdivision 7, is amended to read:

Subd. 7.

Promotes the prostitution of an individual.

"Promotes the prostitution of an individual" means any of the
following wherein the person knowingly:

(1) solicits or procures patrons for a prostitute; or

(2) provides, leases or otherwise permits premises or
facilities owned or controlled by the person to aid the
prostitution of an individual; or

(3) owns, manages, supervises, controls, keeps or operates,
either alone or with others, a place of prostitution to aid the
prostitution of an individual; or

(4) owns, manages, supervises, controls, operates,
institutes, aids or facilitates, either alone or with others, a
business of prostitution to aid the prostitution of an
individual; or

(5) admits a patron to a place of prostitution to aid the
prostitution of an individual; deleted text begin or
deleted text end

(6) transports an individual from one point within this
state to another point either within or without this state, or
brings an individual into this state to aid the prostitution of
the individual new text begin ; or
new text end

new text begin (7) engages in the sex trafficking of an individual new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2004, section 609.321, is
amended by adding a subdivision to read:

new text begin Subd. 7a. new text end

new text begin Sex trafficking. new text end

new text begin "Sex trafficking" means
receiving, recruiting, enticing, harboring, providing, or
obtaining by any means an individual to aid in the prostitution
of the individual.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2004, section 609.321, is
amended by adding a subdivision to read:

new text begin Subd. 7b. new text end

new text begin Sex trafficking victim. new text end

new text begin "Sex trafficking
victim" means a person subjected to the practices in subdivision
7a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 20.

new text begin [609.3243] LOITERING WITH INTENT TO PARTICIPATE
IN PROSTITUTION.
new text end

new text begin A person who loiters in a public place with intent to
participate in prostitution is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2004, section 609.325, is
amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Affirmative defense. new text end

new text begin It is an affirmative
defense to a charge under section 609.324 if the defendant
proves by a preponderance of the evidence that the defendant is
a labor trafficking victim, as defined in section 609.281, or a
sex trafficking victim, as defined in section 609.321, and that
the defendant committed the act only under compulsion by another
who by explicit or implicit threats created a reasonable
apprehension in the mind of the defendant that if the defendant
did not commit the act, the person would inflict bodily harm
upon the defendant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2004, section 609.341,
subdivision 14, is amended to read:

Subd. 14.

Coercion.

"Coercion" means new text begin the use by the
actor of new text end words or circumstances that cause the complainant
reasonably to fear that the actor will inflict bodily harm upon deleted text begin ,
or hold in confinement, deleted text end the complainant or another, or deleted text begin force deleted text end new text begin the
use by the actor of confinement, or superior size or strength,
against the complainant that causes new text end the complainant to submit to
sexual penetration or contact deleted text begin , but deleted text end new text begin against the complainant's
will. new text end Proof of coercion does not require proof of a specific
act or threat.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 23.

Minnesota Statutes 2004, section 609.485,
subdivision 2, is amended to read:

Subd. 2.

Acts prohibited.

Whoever does any of the
following may be sentenced as provided in subdivision 4:

(1) escapes while held pursuant to a lawful arrest, in
lawful custody on a charge or conviction of a crime, or while
held in lawful custody on an allegation or adjudication of a
delinquent act;

(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an
institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;

(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to
escape;

(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
after a finding of not guilty by reason of mental illness or
mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt
to commit a violation of this clause; deleted text begin or
deleted text end

(5) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10 new text begin ; or
new text end

new text begin (6) knowingly absconds or fails to return to custody
following the revocation of provisional discharge under section
253B.18 of a person committed under section 253B.185 or
Minnesota Statutes 1992, section 526.10 new text end .

For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from
the person's body.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2004, section 609.485,
subdivision 4, is amended to read:

Subd. 4.

Sentence.

(a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:

(1) if the person who escapes is in lawful custody for a
felony, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both;

(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, or pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10, new text begin or violates subdivision 2, clause (6), new text end to imprisonment
for not more than one year and one day or to payment of a fine
of not more than $3,000, or both; or

(3) if the person who escapes is in lawful custody for a
gross misdemeanor or misdemeanor, or if the person who escapes
is in lawful custody on an allegation or adjudication of a
delinquent act, to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both.

(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of
violence against a person, the sentence may be increased to not
more than twice those permitted in paragraph (a), clauses (1)
and (3).

(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence
previously imposed or which may be imposed for any crime or
offense for which the person was in custody when the person
escaped.

(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section
260B.198 escapes from the custody of the commissioner while 18
years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date
of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause
is convicted under this section after becoming 19 years old and
after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.

(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent
act while 18 years of age escapes from a local juvenile
correctional facility, the person's sentence under this section
begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever
occurs first. However, if the person described in this
paragraph is convicted after becoming 19 years old and after
discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.

(f) Notwithstanding paragraph (a), any person who escapes
or absconds from electronic monitoring or removes an electric
monitoring device from the person's body is guilty of a crime
and shall be sentenced to imprisonment for not more than one
year or to a payment of a fine of not more than $3,000, or
both. A person in lawful custody for a violation of section
609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
or 609.3451 who escapes or absconds from electronic monitoring
or removes an electronic monitoring device while under sentence
may be sentenced to imprisonment for not more than five years or
to a payment of a fine of not more than $10,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 25.

Minnesota Statutes 2004, section 609.487, is
amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Fleeing, other than vehicle. new text end

new text begin Whoever, for the
purpose of avoiding arrest, detention, or investigation, or in
order to conceal or destroy potential evidence related to the
commission of a crime, attempts to evade or elude a peace
officer, who is acting in the lawful discharge of an official
duty, by means of running, hiding, or by any other means except
fleeing in a motor vehicle, is guilty of a misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 26.

Minnesota Statutes 2004, section 609.50,
subdivision 1, is amended to read:

Subdivision 1.

Crime.

Whoever intentionally does any of
the following may be sentenced as provided in subdivision 2:

(1) obstructs, hinders, or prevents the lawful execution of
any legal process, civil or criminal, or apprehension of another
on a charge or conviction of a criminal offense;

(2) obstructs, resists, or interferes with a peace officer
while the officer is engaged in the performance of official
duties;

(3) interferes with or obstructs deleted text begin the prevention or
extinguishing of a fire, or disobeys the lawful order of deleted text end a
firefighter deleted text begin present at the fire deleted text end new text begin while the firefighter is engaged
in the performance of official duties new text end ; deleted text begin or
deleted text end

(4) new text begin interferes with or obstructs a member of an ambulance
service personnel crew, as defined in section 144E.001,
subdivision 3a, who is providing, or attempting to provide,
emergency care; or
new text end

new text begin (5) new text end by force or threat of force endeavors to obstruct any
employee of the Department of Revenue while the employee is
lawfully engaged in the performance of official duties for the
purpose of deterring or interfering with the performance of
those duties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 27.

Minnesota Statutes 2004, section 609.527,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section,
the following terms have the meanings given them in this
subdivision.

(b) "Direct victim" means any person or entity described in
section 611A.01, paragraph (b), whose identity has been
transferred, used, or possessed in violation of this section.

(c) new text begin "False pretense" means any false, fictitious,
misleading, or fraudulent information or pretense or pretext
depicting or including or deceptively similar to the name, logo,
Web site address, e-mail address, postal address, telephone
number, or any other identifying information of a for-profit or
not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.
new text end

new text begin (d) new text end "Identity" means any name, number, or data transmission
that may be used, alone or in conjunction with any other
information, to identify a specific individual new text begin or entity new text end ,
including any of the following:

(1) a name, Social Security number, date of birth, official
government-issued driver's license or identification number,
government passport number, or employer or taxpayer
identification number;

(2) unique electronic identification number, address,
account number, or routing code; or

(3) telecommunication identification information or access
device.

deleted text begin (d) deleted text end new text begin (e) new text end "Indirect victim" means any person or entity
described in section 611A.01, paragraph (b), other than a direct
victim.

deleted text begin (e) deleted text end new text begin (f) new text end "Loss" means value obtained, as defined in section
609.52, subdivision 1, clause (3), and expenses incurred by a
direct or indirect victim as a result of a violation of this
section.

deleted text begin (f) deleted text end new text begin (g) new text end "Unlawful activity" means:

(1) any felony violation of the laws of this state or any
felony violation of a similar law of another state or the United
States; and

(2) any nonfelony violation of the laws of this state
involving theft, theft by swindle, forgery, fraud, or giving
false information to a public official, or any nonfelony
violation of a similar law of another state or the United States.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 28.

Minnesota Statutes 2004, section 609.527,
subdivision 3, is amended to read:

Subd. 3.

Penalties.

A person who violates subdivision 2
may be sentenced as follows:

(1) if the offense involves a single direct victim and the
total, combined loss to the direct victim and any indirect
victims is $250 or less, the person may be sentenced as provided
in section 609.52, subdivision 3, clause (5);

(2) if the offense involves a single direct victim and the
total, combined loss to the direct victim and any indirect
victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3,
clause (4);

(3) if the offense involves two or three direct victims or
the total, combined loss to the direct and indirect victims is
more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause
(3);

(4) if the offense involves more than three but not more
than seven direct victims, or if the total combined loss to the
direct and indirect victims is more than $2,500, the person may
be sentenced as provided in section 609.52, subdivision 3,
clause (2); and

(5) if the offense involves eight or more direct victims deleted text begin , deleted text end new text begin ;
new text end or if the total, combined loss to the direct and indirect
victims is more than $35,000 deleted text begin , deleted text end new text begin ; or if the offense is related to
possession or distribution of pornographic work in violation of
section 617.246 or 617.247; new text end the person may be sentenced as
provided in section 609.52, subdivision 3, clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 29.

Minnesota Statutes 2004, section 609.527,
subdivision 4, is amended to read:

Subd. 4.

Restitution new text begin ; items provided to victim new text end .

new text begin (a) new text end A
direct or indirect victim of an identity theft crime shall be
considered a victim for all purposes, including any rights that
accrue under chapter 611A and rights to court-ordered
restitution.

new text begin (b) Upon the written request of a direct victim or the
prosecutor setting forth with specificity the facts and
circumstances of the offense in a proposed order, the court
shall provide to the victim, without cost, a certified copy of
the complaint filed in the matter, the judgment of conviction,
and an order setting forth the facts and circumstances of the
offense.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 30.

Minnesota Statutes 2004, section 609.527, is
amended by adding a subdivision to read:

new text begin Subd. 5a. new text end

new text begin Crime of electronic use of false pretense to
obtain identity. new text end

new text begin (a) A person who, with intent to obtain the
identity of another, uses a false pretense in an e-mail to
another person or in a Web page, electronic communication,
advertisement, or any other communication on the Internet, is
guilty of a crime.
new text end

new text begin (b) Whoever commits such offense 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.
new text end

new text begin (c) In a prosecution under this subdivision, it is not a
defense that:
new text end

new text begin (1) the person committing the offense did not obtain the
identity of another;
new text end

new text begin (2) the person committing the offense did not use the
identity; or
new text end

new text begin (3) the offense did not result in financial loss or any
other loss to any person.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 31.

Minnesota Statutes 2004, section 609.527,
subdivision 6, is amended to read:

Subd. 6.

Venue.

Notwithstanding anything to the contrary
in section 627.01, an offense committed under subdivision 2 new text begin or
5a new text end may be prosecuted in:

(1) the county where the offense occurred; deleted text begin or
deleted text end

(2) the county of residence or place of business of the
direct victim or indirect victim new text begin ; or
new text end

new text begin (3) in the case of a violation of subdivision 5a, the
county or place of residence of the person whose identity was
obtained or sought new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 32.

Minnesota Statutes 2004, section 609.531,
subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections
609.531 to 609.5318, the following terms have the meanings given
them.

(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess
under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Park District park
rangers, the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, or a
city or airport police department.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter,
chapter 152, or chapter 624;

(2) for driver's license or identification card
transactions: any violation of section 171.22; and

(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; new text begin 609.282;
609.283; new text end 609.322; 609.342, subdivision 1, clauses (a) to (f);
609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision
1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1,
clauses (a) to (e), and (h) to (j); 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53;
609.54; 609.551; 609.561; 609.562; 609.563; 609.582; 609.59;
609.595; 609.631; 609.66, subdivision 1e; 609.671, subdivisions
3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88;
609.89; 609.893; 609.895; 617.246; or a gross misdemeanor or
felony violation of section 609.891 or 624.7181; or any
violation of section 609.324.

(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 33.

Minnesota Statutes 2004, section 609.5315,
subdivision 1, is amended to read:

Subdivision 1.

Disposition.

(a) Subject to paragraph
(b), if the court finds under section 609.5313, 609.5314, or
609.5318 that the property is subject to forfeiture, it shall
order the appropriate agency to do one of the following:

(1) unless a different disposition is provided under clause
(3) or (4), either destroy firearms, ammunition, and firearm
accessories that the agency decides not to use for law
enforcement purposes under clause (8), or sell them to federally
licensed firearms dealers, as defined in section 624.7161,
subdivision 1, and distribute the proceeds under subdivision
5 new text begin or 5b new text end ;

(2) sell property that is not required to be destroyed by
law and is not harmful to the public and distribute the proceeds
under subdivision 5 new text begin or 5b new text end ;

(3) sell antique firearms, as defined in section 624.712,
subdivision 3, to the public and distribute the proceeds under
subdivision 5 new text begin or 5b new text end ;

(4) destroy or use for law enforcement purposes
semiautomatic military-style assault weapons, as defined in
section 624.712, subdivision 7;

(5) take custody of the property and remove it for
disposition in accordance with law;

(6) forward the property to the federal drug enforcement
administration;

(7) disburse money as provided under subdivision 5 new text begin or 5b new text end ;
or

(8) keep property other than money for official use by the
agency and the prosecuting agency.

(b) Notwithstanding paragraph (a), the Hennepin or Ramsey
county sheriff may not sell firearms, ammunition, or firearms
accessories if the policy is disapproved by the applicable
county board.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 34.

Minnesota Statutes 2004, section 609.5315, is
amended by adding a subdivision to read:

new text begin Subd. 5b. new text end

new text begin Disposition of certain forfeited proceeds;
trafficking of persons; report required. new text end

new text begin (a) For forfeitures
resulting from violations of section 609.282, 609.283, or
609.322, the money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and
sale expenses, and satisfaction of valid liens against the
property, must be distributed as follows:
new text end

new text begin (1) 40 percent of the proceeds must be forwarded to the
appropriate agency for deposit as a supplement to the agency's
operating fund or similar fund for use in law enforcement;
new text end

new text begin (2) 20 percent of the proceeds must be forwarded to the
county attorney or other prosecuting agency that handled the
forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes; and
new text end

new text begin (3) the remaining 40 percent of the proceeds must be
forwarded to the commissioner of public safety and are
appropriated to the commissioner for distribution to crime
victims services organizations that provide services to victims
of trafficking offenses.
new text end

new text begin (b) By February 15 of each year, the commissioner of public
safety shall report to the chairs and ranking minority members
of the senate and house committees or divisions having
jurisdiction over criminal justice funding on the money
collected under paragraph (a), clause (3). The report must
indicate the following relating to the preceding calendar year:
new text end

new text begin (1) the amount of money appropriated to the commissioner;
new text end

new text begin (2) how the money was distributed by the commissioner; and
new text end

new text begin (3) what the organizations that received the money did with
it.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 35.

Minnesota Statutes 2004, section 609.746,
subdivision 1, is amended to read:

Subdivision 1.

Surreptitious intrusion; observation
device.

(a) A person is guilty of a new text begin gross new text end misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously gazes, stares, or peeps in the window
or any other aperture of a house or place of dwelling of
another; and

(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.

(b) A person is guilty of a new text begin gross new text end misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or any other aperture of a
house or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.

(c) A person is guilty of a new text begin gross new text end misdemeanor who:

(1) surreptitiously gazes, stares, or peeps in the window
or other aperture of a sleeping room in a hotel, as defined in
section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy
and has exposed or is likely to expose their intimate parts, as
defined in section 609.341, subdivision 5, or the clothing
covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.

(d) A person is guilty of a new text begin gross new text end misdemeanor who:

(1) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70,
subdivision 3, a tanning booth, or other place where a
reasonable person would have an expectation of privacy and has
exposed or is likely to expose their intimate parts, as defined
in section 609.341, subdivision 5, or the clothing covering the
immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.

(e) A person is guilty of a deleted text begin gross misdemeanor deleted text end new text begin felony and
may be sentenced to imprisonment for not more than two years or
to payment of a fine of not more than $5,000, or both, new text end if the
person:

(1) violates this subdivision after a previous conviction
under this subdivision or section 609.749; or

(2) violates this subdivision against a minor under the age
of deleted text begin 16 deleted text end new text begin 18 new text end , knowing or having reason to know that the minor is
present.

(f) Paragraphs (b) and (d) do not apply to law enforcement
officers or corrections investigators, or to those acting under
their direction, while engaged in the performance of their
lawful duties. Paragraphs (c) and (d) do not apply to conduct
in: (1) a medical facility; or (2) a commercial establishment
if the owner of the establishment has posted conspicuous signs
warning that the premises are under surveillance by the owner or
the owner's employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 36.

Minnesota Statutes 2004, section 609.748,
subdivision 2, is amended to read:

Subd. 2.

Restraining order; jurisdiction.

A person who
is a victim of harassment may seek a restraining order from the
district court in the manner provided in this section. The
parent deleted text begin or deleted text end new text begin , new text end guardian new text begin , or stepparent new text end of a minor who is a victim of
harassment may seek a restraining order from the district court
on behalf of the minor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 37.

Minnesota Statutes 2004, section 609.748,
subdivision 3a, is amended to read:

Subd. 3a.

Filing fee; cost of service.

The filing fees
for a restraining order under this section are waived for the
petitioner if the petition alleges acts that would constitute a
violation of section 609.749, subdivision 2 or 3 new text begin , or sections
609.342 to 609.3451 new text end . The court administrator and the sheriff of
any county in this state shall perform their duties relating to
service of process without charge to the petitioner. The court
shall direct payment of the reasonable costs of service of
process if served by a private process server when the sheriff
is unavailable or if service is made by publication. The court
may direct a respondent to pay to the court administrator the
petitioner's filing fees and reasonable costs of service of
process if the court determines that the respondent has the
ability to pay the petitioner's fees and costs.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 38.

Minnesota Statutes 2004, section 609.749,
subdivision 2, is amended to read:

Subd. 2.

Harassment and stalking crimes.

(a) A person
who harasses another by committing any of the following acts is
guilty of a gross misdemeanor:

(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the
commission of an unlawful act;

(2) stalks, follows, new text begin monitors, new text end or pursues another new text begin , whether
in person or through technological or other means new text end ;

(3) returns to the property of another if the actor is
without claim of right to the property or consent of one with
authority to consent;

(4) repeatedly makes telephone calls, or induces a victim
to make telephone calls to the actor, whether or not
conversation ensues;

(5) makes or causes the telephone of another repeatedly or
continuously to ring;

(6) repeatedly mails or delivers or causes the delivery by
any means, including electronically, of letters, telegrams,
messages, packages, or other objects; or

(7) knowingly makes false allegations against a peace
officer concerning the officer's performance of official duties
with intent to influence or tamper with the officer's
performance of official duties.

(b) The conduct described in paragraph (a), clauses (4) and
(5), may be prosecuted at the place where any call is either
made or received new text begin or, additionally in the case of wireless or
electronic communication, where the actor or victim resides.
The conduct described in paragraph (a), clause (2), may be
prosecuted where the actor or victim resides new text end . The conduct
described in paragraph (a), clause (6), may be prosecuted where
any letter, telegram, message, package, or other object is
either sent or received new text begin or, additionally in the case of wireless
or electronic communication, where the actor or victim resides new text end .

(c) A peace officer may not make a warrantless, custodial
arrest of any person for a violation of paragraph (a), clause
(7).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 39.

Minnesota Statutes 2004, section 609.79,
subdivision 2, is amended to read:

Subd. 2.

Venue.

The offense may be prosecuted either at
the place where the call is made or where it is received new text begin or,
additionally in the case of wireless or electronic
communication, where the sender or receiver resides new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 40.

Minnesota Statutes 2004, section 609.795, is
amended by adding a subdivision to read:

new text begin Subd. 3. new text end

new text begin Venue. new text end

new text begin The offense may be prosecuted either at
the place where the letter, telegram, or package is sent or
received or, alternatively in the case of wireless electronic
communication, where the sender or receiver resides.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 41.

Minnesota Statutes 2004, section 628.26, is
amended to read:

628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in
the death of the victim may be found or made at any time after
the death of the person killed.

(b) Indictments or complaints for a violation of section
609.25 may be found or made at any time after the commission of
the offense.

(c) new text begin Indictments or complaints for violation of section
609.282 may be found or made at any time after the commission of
the offense if the victim was under the age of 18 at the time of
the offense.
new text end

new text begin (d) new text end Indictments or complaints for violation of section
new text begin 609.282 where the victim was 18 years of age or older at the
time of the offense, or new text end 609.42, subdivision 1, clause (1) or
(2), shall be found or made and filed in the proper court within
six years after the commission of the offense.

deleted text begin (d) deleted text end new text begin (e) new text end Indictments or complaints for violation of sections
609.342 to 609.345 if the victim was under the age of 18 years
at the time the offense was committed, shall be found or made
and filed in the proper court within nine years after the
commission of the offense or, if the victim failed to report the
offense within this limitation period, within three years after
the offense was reported to law enforcement authorities.

deleted text begin (e) deleted text end new text begin (f) new text end Notwithstanding the limitations in paragraph
deleted text begin (d) deleted text end new text begin (e) new text end , indictments or complaints for violation of sections
609.342 to 609.344 may be found or made and filed in the proper
court at any time after commission of the offense, if physical
evidence is collected and preserved that is capable of being
tested for its DNA characteristics. If this evidence is not
collected and preserved and the victim was 18 years old or older
at the time of the offense, the prosecution must be commenced
within nine years after the commission of the offense.

deleted text begin (f) deleted text end new text begin (g) new text end Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3), item (iii), shall
be found or made and filed in the proper court within six years
after the commission of the offense.

deleted text begin (g) deleted text end new text begin (h) new text end Indictments or complaints for violation of section
609.52, subdivision 2, clause (3), items (i) and (ii), (4),
(15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, shall be found
or made and filed in the proper court within five years after
the commission of the offense.

deleted text begin (h) deleted text end new text begin (i) new text end Except for violations relating to false material
statements, representations or omissions, indictments or
complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the
commission of the offense.

deleted text begin (i) deleted text end new text begin (j) new text end Indictments or complaints for violation of sections
609.561 to 609.563, shall be found or made and filed in the
proper court within five years after the commission of the
offense.

deleted text begin (j) deleted text end new text begin (k) new text end In all other cases, indictments or complaints shall
be found or made and filed in the proper court within three
years after the commission of the offense.

deleted text begin (k) deleted text end new text begin (l) new text end The limitations periods contained in this section
shall exclude any period of time during which the defendant was
not an inhabitant of or usually resident within this state.

deleted text begin (l) deleted text end new text begin (m) new text end The limitations periods contained in this section
for an offense shall not include any period during which the
alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.

deleted text begin (m) deleted text end new text begin (n) new text end The limitations periods contained in this section
shall not include any period of time during which physical
evidence relating to the offense was undergoing DNA analysis, as
defined in section 299C.155, unless the defendant demonstrates
that the prosecuting or law enforcement agency purposefully
delayed the DNA analysis process in order to gain an unfair
advantage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

Sec. 42. new text begin CERTAIN MINNESOTA SENTENCING GUIDELINES
COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.
new text end

new text begin The following modifications proposed by the Minnesota
Sentencing Guidelines Commission in its January 2005 report to
the legislature are adopted and take effect on August 1, 2005:
new text end

new text begin (1) those described as "I. Modifications Related to
Blakely Decision" on pages 11 to 18 of the report; and
new text end

new text begin (2) those described as "II. Other Adopted Modifications"
on page 19 of the report.
new text end

new text begin The modifications described as "III. Adopted Modifications
Related to Sex Offenses" on pages 20 to 42 of the report are
rejected and do not go into effect.
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. 43. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 609.106, subdivision 2,
and 609.725, are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
new text end

ARTICLE 8

911 EMERGENCY TELECOMMUNICATIONS SERVICES

Section 1.

new text begin [237.491] COMBINED PER NUMBER FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this
subdivision apply to this section.
new text end

new text begin (b) "911 emergency and public safety communications program"
means the program governed by chapter 403.
new text end

new text begin (c) "Minnesota telephone number" means a ten-digit
telephone number being used to connect to the public switched
telephone network and starting with area code 218, 320, 507,
612, 651, 763, or 952, or any subsequent area code assigned to
this state.
new text end

new text begin (d) "Service provider" means a provider doing business in
this state who provides real time, two-way voice service with a
Minnesota telephone number.
new text end

new text begin (e) "Telecommunications access Minnesota program" means the
program governed by sections 237.50 to 237.55.
new text end

new text begin (f) "Telephone assistance program" means the program
governed by sections 237.69 to 237.711.
new text end

new text begin Subd. 2. new text end

new text begin Per number fee. new text end

new text begin (a) By January 15, 2006, the
commissioner of commerce shall report to the legislature and to
the senate Committee on Jobs, Energy, and Community Development
and the house Committee on Regulated Industries, recommendations
for the amount of and method for assessing a fee that would
apply to each service provider based upon the number of
Minnesota telephone numbers in use by current customers of the
service provider. The fee would be set at a level calculated to
generate only the amount of revenue necessary to fund:
new text end

new text begin (1) the telephone assistance program and the
telecommunications access Minnesota program at the levels
established by the commission under sections 237.52, subdivision
2, and 237.70; and
new text end

new text begin (2) the 911 emergency and public safety communications
program at the levels appropriated by law to the commissioner of
public safety and the commissioner of finance for purposes of
sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each
fiscal year.
new text end

new text begin (b) The recommendations must include any changes to
Minnesota Statutes necessary to establish the procedures whereby
each service provider, to the extent allowed under federal law,
would collect and remit the fee proceeds to the commissioner of
revenue. The commissioner of revenue would allocate the fee
proceeds to the three funding areas in paragraph (a) and credit
the allocations to the appropriate accounts.
new text end

new text begin (c) The recommendations must be designed to allow the
combined per telephone number fee to be collected beginning July
1, 2006. The per access line fee used to collect revenues to
support the TAP, TAM, and 911 programs remains in effect until
the statutory changes necessary to implement the per telephone
number fee have been enacted into law and taken effect.
new text end

new text begin (d) As part of the process of developing the
recommendations and preparing the report to the legislature
required under paragraph (a), the commissioner of commerce must,
at a minimum, consult regularly with the Departments of Public
Safety, Finance, and Administration, the Public Utilities
Commission, service providers, the chairs and ranking minority
members of the senate and house committees, subcommittees, and
divisions having jurisdiction over telecommunications and public
safety, and other affected parties.
new text end

Sec. 2.

Minnesota Statutes 2004, section 237.70,
subdivision 7, is amended to read:

Subd. 7.

Application, notice, financial administration,
complaint investigation.

The telephone assistance plan must be
administered jointly by the commission, the Department of
Commerce, and the local service providers in accordance with the
following guidelines:

(a) The commission and the Department of Commerce shall
develop an application form that must be completed by the
subscriber for the purpose of certifying eligibility for
telephone assistance plan credits to the local service
provider. The application must contain the applicant's Social
Security number. Applicants who refuse to provide a Social
Security number will be denied telephone assistance plan
credits. The application form must also include a statement
that the applicant household is currently eligible for one of
the programs that confers eligibility for the federal Lifeline
Program. The application must be signed by the applicant,
certifying, under penalty of perjury, that the information
provided by the applicant is true.

(b) Each local service provider shall annually mail a
notice of the availability of the telephone assistance plan to
each residential subscriber in a regular billing and shall mail
the application form to customers when requested.

The notice must state the following:

YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE
PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE
CONTACT .........

(c) An application may be made by the subscriber, the
subscriber's spouse, or a person authorized by the subscriber to
act on the subscriber's behalf. On completing the application
certifying that the statutory criteria for eligibility are
satisfied, the applicant must return the application to the
subscriber's local service provider. On receiving a completed
application from an applicant, the subscriber's local service
provider shall provide telephone assistance plan credits against
monthly charges in the earliest possible month following receipt
of the application. The applicant must receive telephone
assistance plan credits until the earliest possible month
following the service provider's receipt of information that the
applicant is ineligible.

If the telephone assistance plan credit is not itemized on the
subscriber's monthly charges bill for local telephone service,
the local service provider must notify the subscriber of the
approval for the telephone assistance plan credit.

(d) The commission shall serve as the coordinator of the
telephone assistance plan and be reimbursed for its
administrative expenses from the surcharge revenue pool. As the
coordinator, the commission shall:

(1) establish a uniform statewide surcharge in accordance
with subdivision 6;

(2) establish a uniform statewide level of telephone
assistance plan credit that each local service provider shall
extend to each eligible household in its service area;

(3) require each local service provider to account to the
commission on a periodic basis for surcharge revenues collected
by the provider, expenses incurred by the provider, not to
include expenses of collecting surcharges, and credits extended
by the provider under the telephone assistance plan;

(4) require each local service provider to remit surcharge
revenues to the Department of deleted text begin Administration deleted text end new text begin Public Safety new text end for
deposit in the fund; and

(5) remit to each local service provider from the surcharge
revenue pool the amount necessary to compensate the provider for
expenses, not including expenses of collecting the surcharges,
and telephone assistance plan credits. When it appears that the
revenue generated by the maximum surcharge permitted under
subdivision 6 will be inadequate to fund any particular
established level of telephone assistance plan credits, the
commission shall reduce the credits to a level that can be
adequately funded by the maximum surcharge. Similarly, the
commission may increase the level of the telephone assistance
plan credit that is available or reduce the surcharge to a level
and for a period of time that will prevent an unreasonable
overcollection of surcharge revenues.

(e) Each local service provider shall maintain adequate
records of surcharge revenues, expenses, and credits related to
the telephone assistance plan and shall, as part of its annual
report or separately, provide the commission and the Department
of Commerce with a financial report of its experience under the
telephone assistance plan for the previous year. That report
must also be adequate to satisfy the reporting requirements of
the federal matching plan.

(f) The Department of Commerce shall investigate complaints
against local service providers with regard to the telephone
assistance plan and shall report the results of its
investigation to the commission.

Sec. 3.

Minnesota Statutes 2004, section 403.02,
subdivision 7, is amended to read:

Subd. 7.

Automatic location identification.

"Automatic
location identification" means the process of electronically
identifying and displaying deleted text begin on a special viewing screen deleted text end the name
of the subscriber and the location, where available, of the
calling telephone number to a person answering a 911 emergency
call.

Sec. 4.

Minnesota Statutes 2004, section 403.02,
subdivision 13, is amended to read:

Subd. 13.

Enhanced 911 service.

"Enhanced 911 service"
means the use of deleted text begin selective routing, deleted text end automatic location
identification deleted text begin , deleted text end or local location identification as part of
local 911 service new text begin provided by an enhanced 911 system consisting
of a common 911 network and database and customer data and
network components connecting to the common 911 network and
database new text end .

Sec. 5.

Minnesota Statutes 2004, section 403.02,
subdivision 17, is amended to read:

Subd. 17.

911 service.

"911 service" means a
telecommunications service that automatically connects a person
dialing the digits 911 to an established public safety answering
point. 911 service includes:

(1) deleted text begin equipment for connecting and outswitching 911 calls
within a telephone central office, trunking facilities from the
central office to a public safety answering point deleted text end new text begin customer data
and network components connecting to the common 911 network and
database new text end ;

(2) new text begin common 911 network and database new text end equipment, as
appropriate, for automatically selectively routing 911 calls deleted text begin in
situations where one telephone central office serves more than
one deleted text end new text begin to the new text end public safety answering point new text begin serving the caller's
jurisdiction new text end ; and

(3) provision of automatic location identification if the
public safety answering point has the capability of providing
that service.

Sec. 6.

Minnesota Statutes 2004, section 403.02, is
amended by adding a subdivision to read:

new text begin Subd. 17a. new text end

new text begin 911 emergency telecommunications service
provider. new text end

new text begin "911 emergency telecommunications service provider"
means a telecommunications service provider or other entity,
determined by the commissioner to be capable of providing
effective and efficient components of the 911 system, that
provides all or portions of the network and database for
automatically selectively routing 911 calls to the public safety
answering point serving the caller's jurisdiction.
new text end

Sec. 7.

Minnesota Statutes 2004, section 403.025,
subdivision 3, is amended to read:

Subd. 3.

deleted text begin wire-line deleted text end new text begin connected telecommunications service
provider new text end requirements.

Every owner and operator of a
wire-line new text begin or wireless circuit switched or packet-based
new text end telecommunications system new text begin connected to the public switched
telephone network new text end shall design and maintain the system to dial
the 911 number without charge to the caller.

Sec. 8.

Minnesota Statutes 2004, section 403.025,
subdivision 7, is amended to read:

Subd. 7.

Contractual requirements.

(a) The state,
together with the county or other governmental agencies
operating public safety answering points, shall contract with
the appropriate wire-line telecommunications service
providers new text begin or other entities determined by the commissioner to be
capable of providing effective and efficient components of the
911 system new text end for the operation, maintenance, enhancement, and
expansion of the 911 system.

(b) The state shall contract with the appropriate wireless
telecommunications service providers for maintaining, enhancing,
and expanding the 911 system.

(c) The contract language or subsequent amendments to the
contract must include a description of the services to be
furnished deleted text begin by wireless and wire-line telecommunications service
providers deleted text end to the county or other governmental agencies operating
public safety answering points deleted text begin , as well as compensation based on
the effective tariff or price list approved by the Public
Utilities Commission deleted text end . The contract language or subsequent
amendments must include the terms of compensation based on the
effective tariff or price list filed with the Public Utilities
Commission or the prices agreed to by the parties.

(d) The contract language or subsequent amendments to
contracts between the parties must contain a provision for
resolving disputes.

Sec. 9.

Minnesota Statutes 2004, section 403.05,
subdivision 3, is amended to read:

Subd. 3.

Agreements for service.

Each county and any
other governmental agency shall contract with the state and
wire-line telecommunications service providers new text begin or other entities
determined by the commissioner to be capable of providing
effective and efficient components of the 911 system new text end for the
recurring and nonrecurring costs associated with operating and
maintaining 911 emergency communications systems.

Sec. 10.

Minnesota Statutes 2004, section 403.07,
subdivision 3, is amended to read:

Subd. 3.

Database.

In 911 systems that have been
approved by the commissioner for a local location identification
database, each wire-line telecommunications service provider
shall provide current customer names, service addresses, and
telephone numbers to each public safety answering point within
the 911 system and shall update the information according to a
schedule prescribed by the county 911 plan. Information
provided under this subdivision must be provided in accordance
with the transactional record disclosure requirements of the
federal deleted text begin Electronic deleted text end Communications deleted text begin Privacy deleted text end Act of deleted text begin 1986 deleted text end new text begin 1932 new text end ,
United States Code, title deleted text begin 18 deleted text end new text begin 47 new text end , section deleted text begin 2703 deleted text end new text begin 222 new text end ,
subsection deleted text begin (c), paragraph (1), subparagraph (B)(iv) deleted text end new text begin (g) new text end .

Sec. 11.

Minnesota Statutes 2004, section 403.08,
subdivision 10, is amended to read:

Subd. 10.

Plan integration.

Counties shall incorporate
the statewide design when modifying county 911 plans to provide
for integrating wireless 911 service into existing county 911
systems. The commissioner shall contract with the involved
wireless service providers and 911 new text begin emergency telecommunications
new text end service providers to integrate cellular and other wireless
services into existing 911 systems where feasible.

Sec. 12.

Minnesota Statutes 2004, section 403.11,
subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee new text begin ;
account new text end .

(a) Each customer of a wireless or wire-line new text begin switched
or packet-based new text end telecommunications service provider new text begin connected to
the public switched telephone network new text end that furnishes service
capable of originating a 911 emergency telephone call is
assessed a fee new text begin based upon the number of wired or wireless
telephone lines, or their equivalent, new text end to cover the costs of
ongoing maintenance and related improvements for trunking and
central office switching equipment for 911 emergency
telecommunications service, plus administrative and staffing
costs of the commissioner related to managing the 911 emergency
telecommunications service program. Recurring charges by a
wire-line telecommunications service provider for updating the
information required by section 403.07, subdivision 3, must be
paid by the commissioner if the wire-line telecommunications
service provider is included in an approved 911 plan and the
charges are made pursuant to deleted text begin tariff, price list, or deleted text end contract.
The fee assessed under this section must also be used for the
purpose of offsetting the costs, including administrative and
staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made
from wireless phones.

(b) Money remaining in the 911 emergency telecommunications
service account after all other obligations are paid must not
cancel and is carried forward to subsequent years and may be
appropriated from time to time to the commissioner to provide
financial assistance to counties for the improvement of local
emergency telecommunications services. The improvements may
include providing access to 911 service for telecommunications
service subscribers currently without access and upgrading
existing 911 service to include automatic number identification,
local location identification, automatic location
identification, and other improvements specified in revised
county 911 plans approved by the commissioner.

(c) The fee may not be less than eight cents nor more than
deleted text begin 40 deleted text end new text begin 65 new text end cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
Public Utilities Commission for access charge purposes and
including wireless telecommunications services. With the
approval of the commissioner of finance, the commissioner of
public safety shall establish the amount of the fee within the
limits specified and inform the companies and carriers of the
amount to be collected. When the revenue bonds authorized under
section 403.27, subdivision 1, have been fully paid or defeased,
the commissioner shall reduce the fee to reflect that debt
service on the bonds is no longer needed. The commissioner
shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all
customers.

(d) The fee must be collected by each wireless or wire-line
telecommunications service provider subject to the fee. Fees
are payable to and must be submitted to the commissioner monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telecommunications service account in the
special revenue fund. The money in the account may only be used
for 911 telecommunications services.

(e) This subdivision does not apply to customers of
interexchange carriers.

(f) The installation and recurring charges for integrating
wireless 911 calls into enhanced 911 systems must be paid by the
commissioner if the 911 service provider is included in the
statewide design plan and the charges are made pursuant to
deleted text begin tariff, price list, or deleted text end contract.

new text begin (g) Notwithstanding any provision of this chapter to the
contrary, the commissioner need not contract for or agree to pay
for any services that a wire-line or wireless telecommunication
service provider is required by federal law or federal
regulation to provide.
new text end

Sec. 13.

Minnesota Statutes 2004, section 403.11,
subdivision 3, is amended to read:

Subd. 3.

Method of payment.

(a) Any wireless or
wire-line telecommunications service provider incurring
reimbursable costs under subdivision 1 shall submit an invoice
itemizing rate elements by county or service area to the
commissioner for 911 services furnished under deleted text begin tariff, price
list, or deleted text end contract. Any wireless or wire-line telecommunications
service provider is eligible to receive payment for 911 services
rendered according to the terms and conditions specified in the
contract. Competitive local exchange carriers holding
certificates of authority from the Public Utilities Commission
are eligible to receive payment for recurring 911 services
provided after July 1, 2001. The commissioner shall pay the
invoice within 30 days following receipt of the invoice unless
the commissioner notifies the service provider that the
commissioner disputes the invoice.

(b) The commissioner shall estimate the amount required to
reimburse new text begin 911 emergency telecommunications service providers and
new text end wireless and wire-line telecommunications service providers for
the state's obligations under subdivision 1 and the governor
shall include the estimated amount in the biennial budget
request.

Sec. 14.

Minnesota Statutes 2004, section 403.11,
subdivision 3a, is amended to read:

Subd. 3a.

Timely certification.

A certification must be
submitted to the commissioner no later than deleted text begin two years deleted text end new text begin one year
new text end after commencing a new or additional eligible 911 service. deleted text begin Any
wireless or wire-line telecommunications service provider
incurring reimbursable costs under this section at any time
before January 1, 2003, may certify those costs for payment to
the commissioner according to this section for a period of 90
days after January 1, 2003. During this period, the
commissioner shall reimburse any wireless or wire-line
telecommunications service provider for approved, certified
costs without regard to any contrary provision of this
subdivision deleted text end new text begin Each applicable contract must provide that, if
certified expenses under the contract deviate from estimates in
the contract by more than ten percent, the commissioner may
reduce the level of service without incurring any termination
fees new text end .

Sec. 15.

Minnesota Statutes 2004, section 403.113,
subdivision 1, is amended to read:

Subdivision 1.

Fee.

(a) Each customer receiving service
from a wireless or wire-line new text begin switched or packet-based
new text end telecommunications service provider new text begin connected to the public
telephone network that furnishes service capable of originating
a 911 emergency telephone call new text end is assessed a fee to fund
implementation, operation, maintenance, enhancement, and
expansion of enhanced 911 service, including acquisition of
necessary equipment and the costs of the commissioner to
administer the program. The actual fee assessed under section
403.11 and the enhanced 911 service fee must be collected as one
amount and may not exceed the amount specified in section
403.11, subdivision 1, paragraph (c).

(b) The enhanced 911 service fee must be collected and
deposited in the same manner as the fee in section 403.11 and
used solely for the purposes of paragraph (a) and subdivision 3.

(c) The commissioner, in consultation with counties and 911
system users, shall determine the amount of the enhanced 911
service fee. deleted text begin The fee must include at least ten cents per month
to be distributed under subdivision 2. deleted text end The commissioner shall
inform wireless and wire-line telecommunications service
providers that provide service capable of originating a 911
emergency telephone call of the total amount of the 911 service
fees in the same manner as provided in section 403.11.

Sec. 16.

Minnesota Statutes 2004, section 403.27,
subdivision 1, is amended to read:

Subdivision 1.

Authorization.

deleted text begin (a) deleted text end After consulting with
the commissioner of finance, the council, if requested by a vote
of at least two-thirds of all of the members of the Metropolitan
Radio Board, may, by resolution, authorize the issuance of its
revenue bonds for any of the following purposes to:

(1) provide funds for regionwide mutual aid and emergency
medical services communications;

(2) provide funds for the elements of the first phase of
the regionwide public safety radio communication system that the
board determines are of regionwide benefit and support mutual
aid and emergency medical services communication including, but
not limited to, costs of master controllers of the backbone;

(3) provide money for the second phase of the public safety
radio communication system;

(4) to the extent money is available after meeting the
needs described in clauses (1) to (3), provide money to
reimburse local units of government for amounts expended for
capital improvements to the first phase system previously paid
for by the local government units; or

(5) refund bonds issued under this section.

deleted text begin (b) After consulting with the commissioner of finance, the
council, if requested by a vote of at least two-thirds of all of
the members of the Statewide Radio Board, may, by resolution,
authorize the issuance of its revenue bonds to provide money for
the third phase of the public safety radio communication system.
deleted text end

Sec. 17.

Minnesota Statutes 2004, section 403.27,
subdivision 3, is amended to read:

Subd. 3.

Limitations.

(a) The principal amount of the
bonds issued pursuant to subdivision 1, exclusive of any
original issue discount, shall not exceed the amount of
$10,000,000 plus the amount the council determines necessary to
pay the costs of issuance, fund reserves, debt service, and pay
for any bond insurance or other credit enhancement.

(b) In addition to the amount authorized under paragraph
(a), the council may issue bonds under subdivision 1 in a
principal amount of $3,306,300, plus the amount the council
determines necessary to pay the cost of issuance, fund reserves,
debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
may not be used to finance portable or subscriber radio sets.

deleted text begin (c) In addition to the amount authorized under paragraphs
(a) and (b), the council may issue bonds under subdivision 1 in
a principal amount of $18,000,000, plus the amount the council
determines necessary to pay the costs of issuance, fund
reserves, debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
must be used to pay up to 50 percent of the cost to a local
government unit of building a subsystem and may not be used to
finance portable or subscriber radio sets. The bond proceeds
may be used to make improvements to an existing 800 MHz radio
system that will interoperate with the regionwide public safety
radio communication system, provided that the improvements
conform to the board's plan and technical standards. The
council must time the sale and issuance of the bonds so that the
debt service on the bonds can be covered by the additional
revenue that will become available in the fiscal year ending
June 30, 2005, generated under section 403.11 and appropriated
under section 403.30.
deleted text end

deleted text begin (d) In addition to the amount authorized under paragraphs
(a) to (c), the council may issue bonds under subdivision 1 in a
principal amount of up to $27,000,000, plus the amount the
council determines necessary to pay the costs of issuance, fund
reserves, debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
are appropriated to the commissioner of public safety for phase
three of the public safety radio communication system. In
anticipation of the receipt by the commissioner of public safety
of the bond proceeds, the Metropolitan Radio Board may advance
money from its operating appropriation to the commissioner of
public safety to pay for design and preliminary engineering for
phase three. The commissioner of public safety must return
these amounts to the Metropolitan Radio Board when the bond
proceeds are received.
deleted text end

Sec. 18.

new text begin [403.275] STATE 911 REVENUE BONDS.
new text end

new text begin Subdivision 1. new text end

new text begin Bonding authority. new text end

new text begin (a) The commissioner
of finance, if requested by a vote of at least two-thirds of all
the members of the Statewide Radio Board, shall sell and issue
state revenue bonds for the following purposes:
new text end

new text begin (1) to pay the costs of the statewide public safety radio
communication system that the board determines are of regional
or statewide benefit and support mutual aid and emergency
medical services communication, including, but not limited to,
costs of master controllers of the backbone;
new text end

new text begin (2) to pay the costs of issuance, debt service, and bond
insurance or other credit enhancements, and to fund reserves;
and
new text end

new text begin (3) to refund bonds issued under this section.
new text end

new text begin (b) The amount of bonds that may be issued for the purposes
of clause (1) will be set from time to time by law; the amount
of bonds that may be issued for the purposes of clauses (2) and
(3) is not limited.
new text end

new text begin (c) The bond proceeds may be used to to pay up to 50
percent of the cost to a local government unit of building a
subsystem. The bond proceeds may be used to make improvements
to an existing 800 MHz radio system that will interoperate with
the regionwide public safety radio communication system,
provided that the improvements conform to the board's plan and
technical standards. The bond proceeds may not be used to pay
for portable or subscriber radio sets.
new text end

new text begin Subd. 2. new text end

new text begin Procedure. new text end

new text begin (a) The commissioner may sell and
issue the bonds on the terms and conditions the commissioner
determines to be in the best interests of the state. The bonds
may be sold at public or private sale. The commissioner may
enter any agreements or pledges the commissioner determines
necessary or useful to sell the bonds that are not inconsistent
with sections 403.21 to 403.40. Sections 16A.672 to 16A.675
apply to the bonds. The proceeds of the bonds issued under this
section must be credited to a special 911 revenue bond proceeds
account in the state treasury.
new text end

new text begin (b) Before the proceeds are received in the 911 revenue
bond proceeds account, the commissioner of finance may transfer
to the account from the 911 emergency telecommunications service
account amounts not exceeding the expected proceeds from the
next bond sale. The commissioner of finance shall return these
amounts to the 911 emergency telecommunications service account
by transferring proceeds when received. The amounts of these
transfers are appropriated from the 911 emergency
telecommunications service account and from the 911 revenue bond
proceeds account.
new text end

new text begin Subd. 3. new text end

new text begin Revenue sources. new text end

new text begin The debt service on the bonds
is payable only from the following sources:
new text end

new text begin (1) revenue credited to the 911 emergency
telecommunications service account from the fee imposed and
collected under section 237.491 or 403.11, subdivision 1, or
from any other source; and
new text end

new text begin (2) other revenues pledged to the payment of the bonds.
new text end

new text begin Subd. 4. new text end

new text begin Refunding bonds. new text end

new text begin The commissioner may issue
bonds to refund outstanding bonds issued under subdivision 1,
including the payment of any redemption premiums on the bonds
and any interest accrued or to accrue to the first redemption
date after delivery of the refunding bonds. The proceeds of the
refunding bonds may, in the discretion of the commissioner, be
applied to the purchases or payment at maturity of the bonds to
be refunded, or the redemption of the outstanding bonds on the
first redemption date after delivery of the refunding bonds and
may, until so used, be placed in escrow to be applied to the
purchase, retirement, or redemption. Refunding bonds issued
under this subdivision must be issued and secured in the manner
provided by the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Not a general or moral obligation. new text end

new text begin Bonds issued
under this section are not public debt, and the full faith,
credit, and taxing powers of the state are not pledged for their
payment. The bonds may not be paid, directly in whole or in
part from a tax of statewide application on any class of
property, income, transaction, or privilege. Payment of the
bonds is limited to the revenues explicitly authorized to be
pledged under this section. The state neither makes nor has a
moral obligation to pay the bonds if the pledged revenues and
other legal security for them is insufficient.
new text end

new text begin Subd. 6. new text end

new text begin Trustee. new text end

new text begin The commissioner may contract with and
appoint a trustee for bond holders. The trustee has the powers
and authority vested in it by the commissioner under the bond
and trust indentures.
new text end

new text begin Subd. 7. new text end

new text begin Pledges. new text end

new text begin Any pledge made by the commissioner is
valid and binding from the time the pledge is made. The money
or property pledged and later received by the commissioner is
immediately subject to the lien of the pledge without any
physical delivery of the property or money or further act, and
the lien of any pledge is valid and binding as against all
parties having claims of any kind in tort, contract, or
otherwise against the commissioner, whether or not those parties
have notice of the lien or pledge. Neither the order nor any
other instrument by which a pledge is created need be recorded.
new text end

new text begin Subd. 8. new text end

new text begin Bonds; purchase and cancellation. new text end

new text begin The
commissioner, subject to agreements with bondholders that may
then exist, may, out of any money available for the purpose,
purchase bonds of the commissioner at a price not exceeding (1)
if the bonds are then redeemable, the redemption price then
applicable plus accrued interest to the next interest payment
date thereon, or (2) if the bonds are not redeemable, the
redemption price applicable on the first date after the purchase
upon which the bonds become subject to redemption plus accrued
interest to that date.
new text end

new text begin Subd. 9. new text end

new text begin State pledge against impairment of contracts.
new text end

new text begin The state pledges and agrees with the holders of any bonds that
the state will not limit or alter the rights vested in the
commissioner to fulfill the terms of any agreements made with
the bondholders, or in any way impair the rights and remedies of
the holders until the bonds, together with interest on them,
with interest on any unpaid installments of interest, and all
costs and expenses in connection with any action or proceeding
by or on behalf of the bondholders, are fully met and
discharged. The commissioner may include this pledge and
agreement of the state in any agreement with the holders of
bonds issued under this section.
new text end

Sec. 19.

Minnesota Statutes 2004, section 403.30,
subdivision 1, is amended to read:

Subdivision 1.

Standing appropriation; costs covered.

deleted text begin For each fiscal year beginning with the fiscal year commencing
July 1, 1997, deleted text end The amount necessary to pay deleted text begin the following deleted text end new text begin debt
service new text end costs new text begin and reserves for bonds issued by the Metropolitan
Council under section 403.27 or by the commissioner of finance
under section 403.275 new text end is appropriated deleted text begin to the commissioner of
public safety deleted text end from the 911 emergency telecommunications service
account established under section 403.11 deleted text begin :
deleted text end

deleted text begin (1) debt service costs and reserves for bonds issued
pursuant to section 403.27;
deleted text end

deleted text begin (2) repayment of the right-of-way acquisition loans;
deleted text end

deleted text begin (3) costs of design, construction, maintenance of, and
improvements to those elements of the first, second, and third
phases that support mutual aid communications and emergency
medical services;
deleted text end

deleted text begin (4) recurring charges for leased sites and equipment for
those elements of the first, second, and third phases that
support mutual aid and emergency medical communication services;
or
deleted text end

deleted text begin (5) aid to local units of government for sites and
equipment in support of mutual aid and emergency medical
communications services deleted text end new text begin to the commissioner of finance. The
commissioner of finance shall transmit the necessary amounts to
the Metropolitan Council as requested by the council new text end .

This appropriation shall be used to pay annual debt service
costs and reserves for bonds issued pursuant to section
403.27 new text begin or 403.275 new text end prior to use of fee money to pay other
costs deleted text begin eligible under this subdivision. In no event shall the
appropriation for each fiscal year exceed an amount equal to
four cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
Public Utilities Commission for access charge purposes and
including cellular and other nonwire access services, in the
fiscal year. Beginning July 1, 2004, this amount will increase
to 13 cents a month deleted text end new text begin or to support other appropriations new text end .

Sec. 20. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 403.30, subdivision 3, is
repealed.
new text end

Sec. 21. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 20 are effective the day following final
enactment and apply to contracts entered into on or after that
date.
new text end

ARTICLE 9

MISCELLANEOUS PROVISIONS

Section 1.

Minnesota Statutes 2004, section 16C.09, is
amended to read:

16C.09 PROCEDURE FOR SERVICE CONTRACTS.

(a) Before entering into or approving a service contract,
the commissioner must determine, at least, that:

(1) no current state employee is able and available to
perform the services called for by the contract;

(2) the work to be performed under the contract is
necessary to the agency's achievement of its statutory
responsibilities and there is statutory authority to enter into
the contract;

(3) the contract will not establish an employment
relationship between the state or the agency and any persons
performing under the contract;

(4) the contractor and agents are not employees of the
state;

(5) the contracting agency has specified a satisfactory
method of evaluating and using the results of the work to be
performed; and

(6) the combined contract and amendments will not exceed
five years without specific, written approval by the
commissioner according to established policy, procedures, and
standards, or unless otherwise provided for by law. The term of
the original contract must not exceed two years, unless the
commissioner determines that a longer duration is in the best
interest of the state.

(b) For purposes of paragraph (a), clause (1), employees
are available if qualified and:

(1) are already doing the work in question; or

(2) are on layoff status in classes that can do the work in
question.

An employee is not available if the employee is doing other
work, is retired, or has decided not to do the work in question.

new text begin (c) This section does not apply to an agency's use of
inmates pursuant to sections 241.20 to 241.23 or to an agency's
use of persons required by a court to provide:
new text end

new text begin (1) community service; or
new text end

new text begin (2) conservation or maintenance services on lands under the
jurisdiction and control of the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 2.

Minnesota Statutes 2004, section 43A.047, is
amended to read:

43A.047 CONTRACTED SERVICES.

(a) Executive agencies, including the Minnesota State
Colleges and Universities system, must demonstrate that they
cannot use available staff before hiring outside consultants or
services. If use of consultants is necessary, agencies are
encouraged to negotiate contracts that will involve permanent
staff, so as to upgrade and maximize training of state employees.

(b) If agencies reduce operating budgets, agencies must
give priority to reducing spending on professional and technical
service contracts before laying off permanent employees.

new text begin (c) This section does not apply to an agency's use of
inmates pursuant to sections 241.20 to 241.23 or to an agency's
use of persons required by a court to provide:
new text end

new text begin (1) community service; or
new text end

new text begin (2) conservation or maintenance services on lands under the
jurisdiction and control of the state.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 3.

Minnesota Statutes 2004, section 171.06, is
amended by adding a subdivision to read:

new text begin Subd. 2c. new text end

new text begin $1 surcharge. new text end

new text begin In addition to the fees required
in subdivision 2, the commissioner shall collect a $1 surcharge
on every license or identification card issued under this
section. The proceeds of the surcharge must be deposited in the
state treasury and credited to the Minnesota Financial Crimes
Oversight Council account created in section 299A.681,
subdivision 10.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 4.

Minnesota Statutes 2004, section 171.20,
subdivision 4, is amended to read:

Subd. 4.

Reinstatement fee.

(a) Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, deleted text begin subdivision deleted text end new text begin subdivisions new text end 2 new text begin and
3 new text end ; 171.18 deleted text begin , except subdivision 1, clause (10) deleted text end ; or 171.182, or who
has been disqualified from holding a commercial driver's license
under section 171.165, and (2) a person whose driver's license
has been suspended under section 171.186 and who is not exempt
from such a fee, must pay a fee of $20.

(b) Before the license is reinstated, a person whose
license has been suspended under sections 169.791 to 169.798
must pay a $20 reinstatement fee.

(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.

(d) new text begin Reinstatement fees collected under paragraph (a) for
suspensions under sections 171.16, subdivision 3, and 171.18,
subdivision 1, clause (10), shall be deposited in the special
revenue fund and are appropriated to the Peace Officer Standards
and Training Board for peace officer training reimbursement to
local units of government.
new text end

new text begin (e) new text end A suspension may be rescinded without fee for good
cause.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 5.

Minnesota Statutes 2004, section 171.26, is
amended to read:

171.26 MONEY CREDITED TO FUNDS.

All money received under this chapter must be paid into the
state treasury and credited to the trunk highway fund, except as
provided in sections 171.06, subdivision 2a; 171.07, subdivision
11, paragraph (g); 171.12, subdivision 8; new text begin 171.20, subdivision 4,
paragraph (d); new text end and 171.29, subdivision 2, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 6.

Minnesota Statutes 2004, section 244.09,
subdivision 11, is amended to read:

Subd. 11.

Modification.

The commission shall meet as
necessary for the purpose of modifying and improving the
guidelines. Any modification which amends the Sentencing
Guidelines grid, including severity levels and criminal history
scores, or which would result in the reduction of any sentence
or in the early release of any inmate, with the exception of a
modification mandated or authorized by the legislature or
relating to a crime created or amended by the legislature in the
preceding session, shall be submitted to the legislature by
January deleted text begin 1 deleted text end new text begin 15 new text end of any year in which the commission wishes to make
the change and shall be effective on August 1 of that year,
unless the legislature by law provides otherwise. All other
modifications shall take effect according to the procedural
rules of the commission. On or before January deleted text begin 1 deleted text end new text begin 15 new text end of each
year, the commission shall submit a written report to the
committees of the senate and the house of representatives with
jurisdiction over criminal justice policy that identifies and
explains all modifications made during the preceding 12 months
and all proposed modifications that are being submitted to the
legislature that year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005,
and applies to reports submitted on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2004, section 244.18,
subdivision 2, is amended to read:

Subd. 2.

Local correctional fees.

A local correctional
agency may establish a schedule of local correctional fees to
charge persons deleted text begin convicted of a crime and deleted text end under the supervision
and control of the local correctional agency to defray costs
associated with correctional services. The local correctional
fees on the schedule must be reasonably related to defendants'
abilities to pay and the actual cost of correctional services.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 8.

Minnesota Statutes 2004, section 253B.08,
subdivision 1, is amended to read:

Subdivision 1.

Time for commitment hearing.

The hearing
on the commitment petition shall be held within 14 days from the
date of the filing of the petition new text begin , except that the hearing on a
commitment petition pursuant to section 253B.185 shall be held
within 90 days from the date of the filing of the petition new text end . For
good cause shown, the court may extend the time of hearing up to
an additional 30 days. The proceeding shall be dismissed if the
proposed patient has not had a hearing on a commitment petition
within the allowed time. The proposed patient, or the head of
the treatment facility in which the person is held, may demand
in writing at any time that the hearing be held immediately.
Unless the hearing is held within five days of the date of the
demand, exclusive of Saturdays, Sundays and legal holidays, the
petition shall be automatically discharged if the patient is
being held in a treatment facility pursuant to court order. For
good cause shown, the court may extend the time of hearing on
the demand for an additional ten days.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 9.

Minnesota Statutes 2004, section 299A.38,
subdivision 2, is amended to read:

Subd. 2.

State and local reimbursement.

Peace officers
and heads of local law enforcement agencies who buy vests for
the use of peace officer employees may apply to the commissioner
for reimbursement of funds spent to buy vests. On approving an
application for reimbursement, the commissioner shall pay the
applicant an amount equal to the lesser of one-half of the
vest's purchase price or deleted text begin $300 deleted text end new text begin $600 new text end , as adjusted according to
subdivision 2a. The political subdivision that employs the
peace officer shall pay at least the lesser of one-half of the
vest's purchase price or deleted text begin $300 deleted text end new text begin $600 new text end , as adjusted according to
subdivision 2a. The political subdivision may not deduct or pay
its share of the vest's cost from any clothing, maintenance, or
similar allowance otherwise provided to the peace officer by the
law enforcement agency.

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 2004, section 299A.38,
subdivision 2a, is amended to read:

Subd. 2a.

Adjustment of reimbursement amount.

On October
1, deleted text begin 1997 deleted text end new text begin 2006 new text end , the commissioner of public safety shall adjust
the deleted text begin $300 deleted text end new text begin $600 new text end reimbursement amounts specified in subdivision 2,
and in each subsequent year, on October 1, the commissioner
shall adjust the reimbursement amount applicable immediately
preceding that October 1 date. The adjusted rate must reflect
the annual percentage change in the Consumer Price Index for all
urban consumers, published by the federal Bureau of Labor
Statistics, occurring in the one-year period ending on the
preceding June 1.

new text begin EFFECTIVE DATE. new text end

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

Sec. 11.

Minnesota Statutes 2004, section 299A.38,
subdivision 3, is amended to read:

Subd. 3.

Eligibility requirements.

(a) Only vests that
either meet or exceed the requirements of standard 0101.03 of
the National Institute of Justice or that meet or exceed the
requirements of that standard, except wet armor conditioning,
are eligible for reimbursement.

(b) Eligibility for reimbursement is limited to vests
bought after December 31, 1986, by or for peace officers (1) who
did not own a vest meeting the requirements of paragraph (a)
before the purchase, or (2) who owned a vest that was at least
deleted text begin six deleted text end new text begin five new text end years old.

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.

new text begin [299A.681] MINNESOTA FINANCIAL CRIMES OVERSIGHT
COUNCIL AND TASK FORCE.
new text end

new text begin Subdivision 1. new text end

new text begin Oversight council. new text end

new text begin The Minnesota
Financial Crimes Oversight Council shall provide guidance
related to the investigation and prosecution of identity theft
and financial crime.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The oversight council consists of
the following individuals, or their designees:
new text end

new text begin (1) the commissioner of public safety;
new text end

new text begin (2) the attorney general;
new text end

new text begin (3) two chiefs of police, selected by the Minnesota Chiefs
of Police Association from police departments that participate
in the Minnesota Financial Crimes Task Force;
new text end

new text begin (4) two sheriffs, selected by the Minnesota Sheriffs
Association from sheriff departments that participate in the
task force;
new text end

new text begin (5) the United States attorney for the district of
Minnesota;
new text end

new text begin (6) a county attorney, selected by the Minnesota County
Attorneys Association;
new text end

new text begin (7) a representative from the United States Postal
Inspector's Office, selected by the oversight council;
new text end

new text begin (8) a representative from a not-for-profit retail merchants
industry, selected by the oversight council;
new text end

new text begin (9) a representative from a not-for-profit banking and
credit union industry, selected by the oversight council;
new text end

new text begin (10) a representative from a not-for-profit association
representing senior citizens, selected by the oversight council;
new text end

new text begin (11) the statewide commander of the task force; and
new text end

new text begin (12) two additional members selected by the oversight
council.
new text end

new text begin The oversight council may adopt procedures to govern its conduct
and shall select a chair from among its members.
new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin The oversight council shall develop an
overall strategy to ameliorate the harm caused to the public by
identity theft and financial crime within Minnesota. The
strategy may include the development of protocols and procedures
to investigate financial crimes and a structure for best
addressing these issues in a multijurisdictional manner.
Additionally, the oversight council shall:
new text end

new text begin (1) establish a multijurisdictional statewide Minnesota
Financial Crimes Task Force to investigate major financial
crimes;
new text end

new text begin (2) select a statewide commander of the task force who
serves at the pleasure of the oversight council;
new text end

new text begin (3) assist the Department of Public Safety in developing an
objective grant review application process that is free from
conflicts of interest;
new text end

new text begin (4) make funding recommendations to the commissioner of
public safety on grants to support efforts to combat identity
theft and financial crime;
new text end

new text begin (5) assist law enforcement agencies and victims in
developing a process to collect and share information to improve
the investigation and prosecution of identity theft and
financial crime;
new text end

new text begin (6) develop and approve an operational budget for the
office of the statewide commander and the oversight council; and
new text end

new text begin (7) enter into any contracts necessary to establish and
maintain a relationship with retailers, financial institutions,
and other businesses to deal effectively with identity theft and
financial crime.
new text end

new text begin The task force described in clause (1) may consist of members
from local law enforcement agencies, federal law enforcement
agencies, state and federal prosecutors' offices, and
representatives from elderly victims, retail, financial
institutions, and not-for-profit organizations.
new text end

new text begin Subd. 4. new text end

new text begin Statewide commander. new text end

new text begin (a) The Minnesota
Financial Crimes Task Force commander under Minnesota Statutes
2004, section 299A.68, shall oversee the transition of that task
force into the task force described in subdivision 3 and remain
in place as its commander until July 1, 2008. On that date, the
commissioner of public safety shall appoint as statewide
commander the individual selected by the oversight council under
subdivision 3.
new text end

new text begin (b) The commander shall:
new text end

new text begin (1) coordinate and monitor all multijurisdictional identity
theft and financial crime enforcement activities;
new text end

new text begin (2) facilitate local efforts and ensure statewide
coordination with efforts to combat identity theft and financial
crime;
new text end

new text begin (3) facilitate training for law enforcement and other
personnel;
new text end

new text begin (4) monitor compliance with investigative protocols;
new text end

new text begin (5) implement an outcome evaluation and data quality
control process;
new text end

new text begin (6) be responsible for the selection and for cause removal
of assigned task force investigators who are designated
participants under a memorandum of understanding or who receive
grant funding;
new text end

new text begin (7) provide supervision of assigned task force
investigators;
new text end

new text begin (8) submit a task force operational budget to the oversight
council for approval; and
new text end

new text begin (9) submit quarterly task force activity reports to the
oversight council.
new text end

new text begin Subd. 5. new text end

new text begin Participating officers; employment status. new text end

new text begin All
law enforcement officers selected to participate in the task
force must be licensed peace officers as defined in section
626.84, subdivision 1, or qualified federal law enforcement
officers as defined in section 626.8453. Participating officers
remain employees of the same entity that employed them before
joining any multijurisdictional entity established under this
section. Participating officers are not employees of the state.
new text end

new text begin Subd. 6. new text end

new text begin Jurisdiction and powers. new text end

new text begin Law enforcement
officers participating in any multijurisdictional entity
established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff. The task force shall
retain from its predecessor the assigned originating reporting
number for case reporting purposes.
new text end

new text begin Subd. 7. new text end

new text begin Grants authorized. new text end

new text begin The commissioner of public
safety, upon recommendation of the oversight council, shall make
grants to state and local units of government to combat identity
theft and financial crime. The commander, as funding permits,
may prepare a budget to establish four regional districts and
funding grant allocations programs outside the counties of
Hennepin, Ramsey, Anoka, Washington, and Dakota. The budget
must be reviewed and approved by the oversight council and
recommended to the commissioner to support these efforts.
new text end

new text begin Subd. 8. new text end

new text begin Victims assistance program. new text end

new text begin (a) The oversight
council may establish a victims' assistance program to assist
victims of economic crimes and provide prevention and awareness
programs. The oversight council may retain the services of
not-for-profit organizations to assist in the development and
delivery systems in aiding victims of financial crime. The
program may not provide any financial assistance to victims, but
may assist victims in obtaining police assistance and advise
victims in how to protect personal accounts and identities.
Services may include a victim toll-free telephone number, fax
number, Web site, Monday through Friday telephone service,
e-mail response, and interfaces to other helpful Web sites.
Victims' information compiled are governed under chapter 13.
new text end

new text begin (b) The oversight council may post or communicate through
public service announcements in newspapers, radio, television,
cable access, billboards, Internet, Web sites, and other normal
advertising channels, a financial reward of up to $2,000 for
tips leading to the apprehension and successful prosecution of
individuals committing economic crime. All rewards must meet
the oversight council's standards. The release of funds must be
made to an individual whose information leads to the
apprehension and prosecution of offenders committing economic or
financial crimes against citizens or businesses in Minnesota.
All rewards paid to an individual must be reported to the
Department of Revenue along with the individual's Social
Security number.
new text end

new text begin Subd. 9. new text end

new text begin Oversight council and task force is permanent.
new text end

new text begin Notwithstanding section 15.059, this section does not expire.
new text end

new text begin Subd. 10. new text end

new text begin Funding. new text end

new text begin (a) The Minnesota Financial Crimes
Oversight Council account is created in the special revenue fund.
Money received for the purposes of the council under section
171.06, subdivision 2c, this subdivision, or from any other
source must be credited to the account.
new text end

new text begin (b) The oversight council may accept lawful grants and
in-kind contributions from any federal, state, or local source
or legal business or individual not funded by this section for
general operation support, including personnel costs. These
grants or in-kind contributions are not to be directed toward
the case of a particular victim or business. The oversight
council's fiscal agent shall handle all funds approved by the
oversight council, including in-kind contributions.
new text end

new text begin Subd. 11. new text end

new text begin Forfeiture. new text end

new text begin Property seized by the task force
is subject to forfeiture pursuant to sections 609.531, 609.5312,
609.5313, and 609.5315 if ownership cannot be established. The
council shall receive the proceeds from the sale of all property
properly seized and forfeited.
new text end

new text begin Subd. 12. new text end

new text begin Transfer equipment from current task
force. new text end

new text begin All equipment possessed by the task force described in
Minnesota Statutes 2004, section 299A.68, is transferred to the
oversight council for use by the task force described in this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 13.

new text begin [299A.90] HUNTING LICENSEES; INELIGIBILITY TO
POSSESS FIREARMS.
new text end

new text begin (a) The commissioner of public safety shall review
information on individuals who possess a license to take game by
firearm and determine whether any of these individuals are
ineligible to possess a firearm under state or federal law.
new text end

new text begin (b) Each year on a quarterly basis, the commissioner shall
forward the names of potential matches and other pertinent
information on individuals identified under paragraph (a) to the
commissioner of natural resources, the superintendent of the
Bureau of Criminal Apprehension, the state court administrator,
the commissioner of corrections, the chief law enforcement
officer of the law enforcement agency having jurisdiction over
where the individual resides, and, if applicable, the
individual's correctional agent and the chief law enforcement
officer of any law enforcement agency having an outstanding
warrant for the individual.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2005.
new text end

Sec. 14.

Minnesota Statutes 2004, section 299C.65,
subdivision 1, is amended to read:

Subdivision 1.

Membership, duties.

(a) The Criminal and
Juvenile Justice Information Policy Group consists of the
commissioner of corrections, the commissioner of public safety,
the commissioner of administration, the commissioner of finance,
deleted text begin and deleted text end four members of the judicial branch appointed by the chief
justice of the Supreme Court new text begin , and the chair and first vice chair
of the Criminal and Juvenile Justice Information Task Force new text end .
The policy group may appoint additional, nonvoting members as
necessary from time to time.

(b) The commissioner of public safety is designated as the
chair of the policy group. The commissioner and the policy
group have overall responsibility for the successful completion
of statewide criminal justice information system integration
(CriMNet). The policy group may hire deleted text begin a program manager deleted text end new text begin an
executive director new text end to manage the CriMNet projects and to be
responsible for the day-to-day operations of CriMNet. new text begin The
executive director shall serve at the pleasure of the policy
group in unclassified service. new text end The policy group must ensure
that generally accepted project management techniques are
utilized for each CriMNet project, including:

(1) clear sponsorship;

(2) scope management;

(3) project planning, control, and execution;

(4) continuous risk assessment and mitigation;

(5) cost management;

(6) quality management reviews;

(7) communications management; deleted text begin and
deleted text end

(8) proven methodology new text begin ; and
new text end

new text begin (9) education and training new text end .

(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be
acquired using an appropriate procurement process, which
includes:

(1) a determination of required products and services;

(2) a request for proposal development and identification
of potential sources;

(3) competitive bid solicitation, evaluation, and
selection; and

(4) contract administration and close-out.

(d) The policy group shall study and make recommendations
to the governor, the Supreme Court, and the legislature on:

(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;

(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;

(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;

(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and
felony-level juvenile offenders that is part of the integrated
criminal justice information system framework;

(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;

(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;

(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;

(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;

(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;

(10) the impact of integrated criminal justice information
systems on individual privacy rights;

(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;

(12) the collection of data on race and ethnicity in
criminal justice information systems;

(13) the development of a tracking system for domestic
abuse orders for protection;

(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to
the privacy interests of individuals; and

(15) the development of a database for extended
jurisdiction juvenile records and whether the records should be
public or private and how long they should be retained.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 15.

Minnesota Statutes 2004, section 299C.65,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin report, deleted text end task force.

deleted text begin (a) The policy group shall
file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice
funding and policy by December 1 of each year.
deleted text end

deleted text begin (b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, deleted text end The policy group shall appoint a task force
deleted text begin consisting deleted text end new text begin to assist them in their duties. The task force shall
monitor, review, and report to the policy group on
CriMNet-related projects and provide oversight to ongoing
operations as directed by the policy group. The task force
shall consist new text end of deleted text begin its members or their designees and deleted text end the
following deleted text begin additional deleted text end members:

(1) deleted text begin the director of the Office of Strategic and Long-Range
Planning;
deleted text end

deleted text begin (2) deleted text end two sheriffs recommended by the Minnesota Sheriffs
Association;

deleted text begin (3) deleted text end new text begin (2) new text end two police chiefs recommended by the Minnesota
Chiefs of Police Association;

deleted text begin (4) deleted text end new text begin (3) new text end two county attorneys recommended by the Minnesota
County Attorneys Association;

deleted text begin (5) deleted text end new text begin (4) new text end two city attorneys recommended by the Minnesota
League of Cities;

deleted text begin (6) deleted text end new text begin (5) new text end two public defenders appointed by the Board of
Public Defense;

deleted text begin (7) deleted text end new text begin (6) new text end two district judges appointed by the Conference of
Chief Judges, one of whom is currently assigned to the juvenile
court;

deleted text begin (8) deleted text end new text begin (7) new text end two community corrections administrators
recommended by the Minnesota Association of Counties, one of
whom represents a community corrections act county;

deleted text begin (9) deleted text end new text begin (8) new text end two probation officers;

deleted text begin (10) deleted text end new text begin (9) new text end four public members, one of whom has been a victim
of crime, and two who are representatives of the private
business community who have expertise in integrated information
systems;

deleted text begin (11) deleted text end new text begin (10) new text end two court administrators;

deleted text begin (12) deleted text end new text begin (11) new text end one member of the house of representatives
appointed by the speaker of the house;

deleted text begin (13) deleted text end new text begin (12) new text end one member of the senate appointed by the
majority leader;

deleted text begin (14) deleted text end new text begin (13) new text end the attorney general or a designee;

deleted text begin (15) the commissioner of administration or a designee;
deleted text end

deleted text begin (16) deleted text end new text begin (14) new text end an individual recommended by the Minnesota League
of Cities; deleted text begin and
deleted text end

deleted text begin (17) deleted text end new text begin (15) new text end an individual recommended by the Minnesota
Association of Counties new text begin ;
new text end

new text begin (16) the director of the Sentencing Guidelines Commission;
new text end

new text begin (17) one member appointed by the commissioner of public
safety;
new text end

new text begin (18) one member appointed by the commissioner of
corrections;
new text end

new text begin (19) one member appointed by the commissioner of
administration; and
new text end

new text begin (20) one member appointed by the chief justice of the
Supreme Court new text end .

In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.

deleted text begin (c) deleted text end The commissioner of public safety may appoint
additional, nonvoting members to the task force as necessary
from time to time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 16.

Minnesota Statutes 2004, section 299C.65, is
amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Report. new text end

new text begin The policy group, with the assistance
of the task force, shall file an annual report with the
governor, Supreme Court, and chairs and ranking minority members
of the senate and house committees and divisions with
jurisdiction over criminal justice funding and policy by January
15 of each year. The report must provide the following:
new text end

new text begin (1) status and review of current integration efforts and
projects;
new text end

new text begin (2) recommendations concerning any legislative changes or
appropriations that are needed to ensure that the criminal
justice information systems operate accurately and efficiently;
and
new text end

new text begin (3) summary of the activities of the policy group and task
force.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 17.

Minnesota Statutes 2004, section 299C.65,
subdivision 5, is amended to read:

Subd. 5.

Review of funding and grant requests.

(a) The
Criminal and Juvenile Justice Information Policy Group shall
review the funding requests for criminal justice information
systems from state, county, and municipal government agencies.
The policy group shall review the requests for compatibility to
statewide criminal justice information system standards. The
review shall be forwarded to the chairs and ranking minority
members of the house and senate committees and divisions with
jurisdiction over criminal justice funding and policy.

(b) The deleted text begin policy group shall also review funding requests for
criminal justice information systems grants to be made by the
commissioner of public safety as provided in this section.
Within the limits of available appropriations, the commissioner
of public safety shall make grants for projects that have been
approved by the policy group. deleted text end new text begin CriMNet program office, in
consultation with the Criminal and Juvenile Justice Information
Task Force and with the approval of the policy group, shall
create the requirements for any grant request and determine the
integration priorities for the grant period. The CriMNet
program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems
standards.
new text end

(c) deleted text begin If a funding request is for development of a
comprehensive criminal justice information integration plan, the
policy group shall ensure that the request contains the
components specified in subdivision 6. If a funding request is
for implementation of a plan or other criminal justice
information systems project, the policy group shall ensure that:
deleted text end

deleted text begin (1) the government agency has adopted a comprehensive plan
that complies with subdivision 6;
deleted text end

deleted text begin (2) the request contains the components specified in
subdivision 7; and
deleted text end

deleted text begin (3) the request demonstrates that it is consistent with the
government agency's comprehensive plan. deleted text end new text begin The task force shall
review funding requests for criminal justice information systems
grants and make recommendations to the policy group. The policy
group shall review the recommendations of the task force and
shall make a final recommendation for criminal justice
information systems grants to be made by the commissioner of
public safety. Within the limits of available state
appropriations and federal grants, the commissioner of public
safety shall make grants for projects that have been recommended
by the policy group.
new text end

new text begin (d) The policy group may approve grants only if the
applicant provides an appropriate share of matching funds as
determined by the policy group to help pay up to one-half of the
costs of the grant request. The matching requirement must be
constant for all counties. The policy group shall adopt
policies concerning the use of in-kind resources to satisfy the
match requirement and the sources from which matching funds may
be obtained. Local operational or technology staffing costs may
be considered as meeting this match requirement. Each grant
recipient shall certify to the policy group that it has not
reduced funds from local, county, federal, or other sources
which, in the absence of the grant, would have been made
available to the grant recipient to improve or integrate
criminal justice technology.
new text end

new text begin (e) All grant recipients shall submit to the CriMNet
program office all requested documentation including grant
status, financial reports, and a final report evaluating how the
grant funds improved the agency's criminal justice integration
priorities. The CriMNet program office shall establish the
recipient's reporting dates at the time funds are awarded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 18.

Minnesota Statutes 2004, section 340A.301,
subdivision 6, is amended to read:

Subd. 6.

Fees.

The annual fees for licenses under this
section are as follows:

(a) Manufacturers (except as provided
in clauses (b) and (c)) deleted text begin $15,000 deleted text end new text begin $30,000
new text end Duplicates $ 3,000
(b) Manufacturers of wines of not more
than 25 percent alcohol by volume $ 500
(c) Brewers other than those described
in clauses (d) and (i) $ deleted text begin 2,500 deleted text end new text begin 4,000
new text end (d) Brewers who also hold one or more
retail on-sale licenses and who
manufacture fewer than 3,500 barrels
of malt liquor in a year, at any one
licensed premises, using only wort produced
in Minnesota, the entire
production of which is solely
for consumption on tap on the
licensed premises or for off-sale
from that licensed premises.
A brewer licensed
under this clause must obtain a separate
license for each licensed premises where
the brewer brews malt liquor. A brewer
licensed under this clause may not be
licensed as an importer under this chapter $ 500
(e) Wholesalers (except as provided in
clauses (f), (g), and (h)) $15,000
Duplicates $ 3,000
(f) Wholesalers of wines of not more
than 25 percent alcohol by volume $ deleted text begin 2,000 deleted text end new text begin 3,750
new text end (g) Wholesalers of intoxicating
malt liquor $ deleted text begin 600 deleted text end new text begin 1,000
new text end Duplicates $ 25
(h) Wholesalers of 3.2 percent
malt liquor $ 10
(i) Brewers who manufacture fewer than
2,000 barrels of malt liquor in a year $ 150

If a business licensed under this section is destroyed, or
damaged to the extent that it cannot be carried on, or if it
ceases because of the death or illness of the licensee, the
commissioner may refund the license fee for the balance of the
license period to the licensee or to the licensee's estate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 19.

Minnesota Statutes 2004, section 340A.302,
subdivision 3, is amended to read:

Subd. 3.

Fees.

Annual fees for licenses under this
section, which must accompany the application, are as follows:

Importers of distilled spirits, wine,

or ethyl alcohol $420

Importers of malt liquor deleted text begin $800
deleted text end new text begin $1,600
new text end

If an application is denied, $100 of the fee shall be
retained by the commissioner to cover costs of investigation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 20.

Minnesota Statutes 2004, section 340A.311, is
amended to read:

340A.311 BRAND REGISTRATION.

(a) A brand of intoxicating liquor or 3.2 percent malt
liquor may not be manufactured, imported into, or sold in the
state unless the brand label has been registered with and
approved by the commissioner. A brand registration must be
renewed every three years in order to remain in effect. The fee
for an initial brand registration is deleted text begin $30 deleted text end new text begin $40 new text end . The fee for brand
registration renewal is deleted text begin $20 deleted text end new text begin $30 new text end . The brand label of a brand of
intoxicating liquor or 3.2 percent malt liquor for which the
brand registration has expired, is conclusively deemed abandoned
by the manufacturer or importer.

(b) In this section "brand" and "brand label" include
trademarks and designs used in connection with labels.

(c) The label of any brand of wine or intoxicating or
nonintoxicating malt beverage may be registered only by the
brand owner or authorized agent. No such brand may be imported
into the state for sale without the consent of the brand owner
or authorized agent. This section does not limit the provisions
of section 340A.307.

(d) The commissioner shall refuse to register a malt liquor
brand label, and shall revoke the registration of a malt liquor
brand label already registered, if the brand label states or
implies in a false or misleading manner a connection with an
actual living or dead American Indian leader. This paragraph
does not apply to a brand label registered for the first time in
Minnesota before January 1, 1992.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 21.

Minnesota Statutes 2004, section 340A.404,
subdivision 12, is amended to read:

Subd. 12.

Caterer's permit.

The commissioner may issue a
caterer's permit to a restaurant that holds an on-sale
intoxicating liquor license issued by any municipality. The
holder of a caterer's permit may sell intoxicating liquor as an
incidental part of a food service that serves prepared meals at
a place other than the premises for which the holder's on-sale
intoxicating liquor license is issued.

(a) A caterer's permit is auxiliary to the primary on-sale
license held by the licensee.

(b) The restrictions and regulations which apply to the
sale of intoxicating liquor on the licensed premises also apply
to the sale under the authority of a caterer's permit, and any
act that is prohibited on the licensed premises is also
prohibited when the licensee is operating other than on the
licensed premises under a caterer's permit.

(c) Any act, which if done on the licensed premises would
be grounds for cancellation or suspension of the on-sale
licensee, is grounds for cancellation of both the on-sale
license and the caterer's permit if done when the permittee is
operating away from the licensed premises under the authority of
the caterer's permit.

(d) The permittee shall notify prior to any catered event:

(1) the police chief of the city where the event will take
place, if the event will take place within the corporate limits
of a city; or

(2) the county sheriff of the county where the event will
take place, if the event will be outside the corporate limits of
any city.

(e) If the primary license ceases to be valid for any
reason, the caterer's permit ceases to be valid.

(f) Permits issued under this subdivision are subject to
all laws and ordinances governing the sale of intoxicating
liquor except those laws and ordinances which by their nature
are not applicable.

(g) The annual state fee for a caterer's permit
is deleted text begin $200 deleted text end new text begin $300 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 22.

Minnesota Statutes 2004, section 340A.408,
subdivision 4, is amended to read:

Subd. 4.

Lake superior, st. croix river, and mississippi
river tour boats; common carriers.

(a) The annual license fee
for licensing of Lake Superior, St. Croix River, and Mississippi
River tour boats under section 340A.404, subdivision 8, shall be
deleted text begin $1,000 deleted text end new text begin $1,500 new text end . The commissioner shall transmit one-half of this
fee to the governing body of the city that is the home port of
the tour boat or to the county in which the home port is located
if the home port is outside a city.

(b) The annual license fee for common carriers licensed
under section 340A.407 is:

(1) $50 for 3.2 percent malt liquor, and $20 for a
duplicate license; and

(2) deleted text begin $200 deleted text end new text begin $250 new text end for intoxicating liquor, and deleted text begin $20 deleted text end new text begin $30 new text end for a
duplicate license.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 23.

Minnesota Statutes 2004, section 340A.414,
subdivision 6, is amended to read:

Subd. 6.

Permit fees.

The annual fee for issuance of a
permit under this section is deleted text begin $150 deleted text end new text begin $250 new text end . The governing body of a
city or county where the establishment is located may impose an
additional fee of not more than $300.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 24.

Minnesota Statutes 2004, section 340A.504,
subdivision 3, is amended to read:

Subd. 3.

Intoxicating liquor; sunday sales; on-sale.

(a)
A restaurant, club, bowling center, or hotel with a seating
capacity for at least 30 persons and which holds an on-sale
intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food
between the hours of 12:00 noon on Sundays and 2:00 a.m. on
Mondays.

(b) The governing body of a municipality may after one
public hearing by ordinance permit a restaurant, hotel, bowling
center, or club to sell alcoholic beverages for consumption on
the premises in conjunction with the sale of food between the
hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays,
provided that the licensee is in conformance with the Minnesota
Clean Air Act.

(c) An establishment serving intoxicating liquor on Sundays
must obtain a Sunday license. The license must be issued by the
governing body of the municipality for a period of one year, and
the fee for the license may not exceed $200.

(d) A city may issue a Sunday intoxicating liquor license
only if authorized to do so by the voters of the city voting on
the question at a general or special election. A county may
issue a Sunday intoxicating liquor license in a town only if
authorized to do so by the voters of the town as provided in
paragraph (e). A county may issue a Sunday intoxicating liquor
license in unorganized territory only if authorized to do so by
the voters of the election precinct that contains the licensed
premises, voting on the question at a general or special
election.

(e) An election conducted in a town on the question of the
issuance by the county of Sunday sales licenses to
establishments located in the town must be held on the day of
the annual election of town officers.

(f) Voter approval is not required for licenses issued by
the Metropolitan Airports Commission or common carrier licenses
issued by the commissioner. Common carriers serving
intoxicating liquor on Sunday must obtain a Sunday license from
the commissioner at an annual fee of deleted text begin $50 deleted text end new text begin $75 new text end , plus deleted text begin $20 deleted text end new text begin $30 new text end for
each duplicate.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 25.

Minnesota Statutes 2004, section 340A.504,
subdivision 7, is amended to read:

Subd. 7.

Sales after 1:00 a.m.; permit fee.

(a) No
licensee may sell intoxicating liquor or 3.2 percent malt liquor
on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner.
Application for the permit must be on a form the commissioner
prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the
permit is based on the licensee's gross receipts from on-sales
of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the following rates:

(1) up to $100,000 in gross receipts, deleted text begin $200 deleted text end new text begin $300 new text end ;

(2) over $100,000 but not over $500,000 in gross receipts,
deleted text begin $500 deleted text end new text begin $750 new text end ; and

(3) over $500,000 in gross receipts, deleted text begin $600 deleted text end new text begin $1,000 new text end .

For a licensed retailer of intoxicating liquor who did not sell
intoxicating liquor at on-sale for a full 12 months prior to the
month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.

(b) The commissioner shall deposit all permit fees received
under this subdivision in the alcohol enforcement account in the
special revenue fund.

(c) Notwithstanding any law to the contrary, the
commissioner of revenue may furnish to the commissioner the
information necessary to administer and enforce this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 26.

Minnesota Statutes 2004, 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 $235 deleted text end new text begin $240 new 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 $235.

The party requesting a trial by jury shall pay $75.

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, $10, and $5 for an uncertified copy.

(3) Issuing a subpoena, $12 for each name.

(4) Filing a motion or response to a motion in civil,
family, excluding child support, and guardianship cases, $55.

(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, $40.

(6) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $30.

(7) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.

(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, $5.

(10) For the filing of each partial, final, or annual
account in all trusteeships, $40.

(11) For the deposit of a will, $20.

(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 fixed by rule or order of
the Supreme Court.

(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, 2005.
new text end

Sec. 27.

Minnesota Statutes 2004, section 357.021,
subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) The court shall impose and the court administrator shall
collect a deleted text begin $60 deleted text end new text begin $72 new 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 deleted text begin $3 deleted text end new text begin $4 new text end 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, or
petty misdemeanor offense, other than 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.

(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, 2005.
new text end

Sec. 28.

Minnesota Statutes 2004, 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), and
(d), 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 deleted text begin $32 deleted text end new text begin $44 new text end of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, and the deleted text begin $3 deleted text end new text begin $4 new text end parking surcharge, to the general
fund.

(d) 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 withhold $1 from each surcharge
collected under subdivision 6. The court administrator must use
the withheld funds solely to fund the petty misdemeanor
diversion program administered by the Ramsey County Violations
Bureau. The court administrator must transfer any unencumbered
portion of the funds received under this subdivision to the
commissioner of finance for distribution according to paragraphs
(a) to (c).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 29.

Minnesota Statutes 2004, section 357.18, is
amended to read:

357.18 COUNTY RECORDER.

Subdivision 1.

County recorder fees.

The fees to be
charged by the county recorder shall be deleted text begin as follows deleted text end new text begin and not
exceed the following new text end :

(1) for indexing and recording any deed or other instrument
deleted text begin $1 for each page of an instrument, with a minimum fee of $15 deleted text end new text begin a
fee of $46; $10.50 shall be paid to the state treasury and
credited to the general fund; $10 shall be deposited in the
technology fund pursuant to subdivision 3; and $25.50 to the
county general fund new text end ;

(2) for documents containing multiple assignments, partial
releases or satisfactions deleted text begin $10 for each document number or book
and page cited deleted text end new text begin a fee of $40; if the document cites more than
four recorded instruments, an additional fee of $10 for each
additional instrument cited over the first four citations new text end ;

(3) for certified copies of any records or papers, deleted text begin $1 for
each page of an instrument with a minimum fee of $5 deleted text end new text begin $10 new text end ;

(4) new text begin for a noncertified copy of any instrument or writing on
file or recorded in the office of the county recorder, or any
specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If
computer or microfilm printers are used to reproduce the
instrument or writing, a like amount per image;
new text end

new text begin (5) new text end for an abstract of title, the fees shall be determined
by resolution of the county board duly adopted upon the
recommendation of the county recorder, and the fees shall not
exceed deleted text begin $5 deleted text end new text begin $10 new text end for every entry, deleted text begin $50 deleted text end new text begin $100 new text end for abstract
certificate, $1 per page for each exhibit included within an
abstract as a part of an abstract entry, and deleted text begin $2 deleted text end new text begin $5 new text end per name for
each required name search certification;

deleted text begin (5) deleted text end new text begin (6) new text end for a copy of an official plat filed pursuant to
section 505.08, the fee shall be deleted text begin $9.50 deleted text end new text begin $10 new text end and an additional deleted text begin 50
cents deleted text end new text begin $5 new text end shall be charged for the certification of each plat;

deleted text begin (6) deleted text end new text begin (7) new text end for filing an amended floor plan in accordance with
chapter 515, an amended condominium plat in accordance with
chapter 515A, or a common interest community plat or amendment
complying with section 515B.2-110, subsection (c), the fee shall
be 50 cents per apartment or unit with a minimum fee of deleted text begin $30 deleted text end new text begin $50 new text end ;

deleted text begin (7) deleted text end new text begin (8) new text end for a copy of a floor plan filed pursuant to
chapter 515, a copy of a condominium plat filed in accordance
with chapter 515A, or a copy of a common interest community plat
complying with section 515B.2-110, subsection (c), the fee shall
be $1 for each page of the floor plan, condominium plat or
common interest community plat with a minimum fee of $10 new text begin ;
new text end

new text begin (9) for recording any plat, a fee of $56, of which $10.50
must be paid to the state treasury and credited to the general
fund, $10 must be deposited in the technology fund pursuant to
subdivision 3, and $35.50 must be deposited in the county
general fund; and
new text end

new text begin (10) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a county recorder shall return
it marked "copy" or "duplicate," showing the recording date and,
if available, the document number assigned to the original new text end .

Subd. 1a.

Abstracting service fees.

Fees fixed by or
established pursuant to subdivision 1 shall be the maximum fee
charged in all counties where the county recorder performs
abstracting services and shall be charged by persons authorized
to perform abstracting services in county buildings pursuant to
section 386.18.

Subd. 2.

Fees for recording instruments in county
recorder office.

Notwithstanding the provisions of any deleted text begin general
or deleted text end special law to the contrary, the deleted text begin fees prescribed by this
section shall govern the filing or recording of all instruments
in the office of the county recorder deleted text end new text begin established fees pursuant
to subdivision 1 shall be the fee charged in all counties for
the specified service, new text end other than Uniform Commercial Code
documents, and documents filed or recorded pursuant to sections
270.69, subdivision 2, paragraph (c), 272.481 to 272.488,
277.20, and 386.77.

deleted text begin Subd. 3. deleted text end

deleted text begin Surcharge. deleted text end

deleted text begin In addition to the fees imposed in
subdivision 1, a $4.50 surcharge shall be collected: on each
fee charged under subdivision 1, clauses (1) and (6), and for
each abstract certificate under subdivision 1, clause (4).
Fifty cents of each surcharge shall be retained by the county to
cover its administrative costs and $4 shall be paid to the state
treasury and credited to the general fund.
deleted text end

Subd. 4.

deleted text begin equipment deleted text end new text begin technology new text end fund.

deleted text begin $1 of each deleted text end new text begin The $10
new text end fee collected under subdivision 1, clause (1), shall be
deposited in deleted text begin an equipment deleted text end new text begin a technology new text end fund deleted text begin to deleted text end new text begin for obtaining,
maintaining, and updating current technology and equipment to
provide services from the record system. The fund shall new text end be
disbursed at the county recorder's discretion to provide modern
information services from the records system. new text begin The fund is a
supplemental fund and shall not be construed to diminish the
duty of the county governing body to furnish funding for
expenses and personnel necessary in the performance of the
duties of the office pursuant to section 386.015, subdivision 6,
paragraph (a), clause (2), and to comply with the requirements
of section 357.182.
new text end

Subd. 5.

Variance from standards.

A document deleted text begin that does
not deleted text end new text begin should new text end conform to the standards in section 507.093,
paragraph (a), deleted text begin shall not be recorded except upon payment of an
additional fee of $10 per document deleted text end new text begin but should not be rejected
unless the document is not legible or cannot be archived new text end . This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks deleted text begin contained in the book of forms deleted text end new text begin on file new text end in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.

new text begin Subd. 6. new text end [REGISTRAR OF TITLES' FEES.] new text begin The fees to be
charged by the registrar of titles are in sections 508.82 and
508A.82.
new text end

Sec. 30.

new text begin [357.182] COUNTY FEES AND RECORDING STANDARDS
FOR THE RECORDING OF REAL ESTATE DOCUMENTS.
new text end

new text begin Subdivision 1. new text end

new text begin Application. new text end

new text begin Unless otherwise specified
in this section and notwithstanding any other law to the
contrary, effective August 1, 2005, this section applies to each
county in Minnesota. Documents presented for recording within
60 days after the effective date of this section and that are
acknowledged, sworn to before a notary, or certified before the
effective date of this section must not be rejected for failure
to include the new filing fee.
new text end

new text begin Subd. 2. new text end

new text begin Fee restrictions. new text end

new text begin Notwithstanding any local law
or ordinance to the contrary, no county may charge or collect
any fee, special or otherwise, or however described, other than
a fee denominated or prescribed by state law, for any service,
task, or step performed by any county officer or employee in
connection with the receipt, recording, and return of any
recordable instrument by the county recorder or registrar of
titles, whether received by mail, in person, or by electronic
delivery, including, but not limited to, opening mail; handling,
transferring, or transporting the instrument; certifying no
delinquent property taxes; payment of state deed tax, mortgage
registry tax, or conservation fee; recording of approved plats,
subdivision splits, or combinations; or any other prerequisites
to recording, and returning the instrument by regular mail or in
person to the person identified in the instrument for that
purpose.
new text end

new text begin Subd. 3. new text end

new text begin Recording requirements. new text end

new text begin Each county recorder
and registrar of titles shall, within 15 business days after any
instrument in recordable form accompanied by payment of
applicable fees by customary means is delivered to the county
for recording or is otherwise received by the county recorder or
registrar of titles for that purpose, record and index the
instrument in the manner provided by law and return it by
regular mail or in person to the person identified in the
instrument for that purpose, if the instrument does not require
certification of no-delinquent taxes, payment of state deed tax,
mortgage registry tax, or conservation fee. Each county must
establish a policy for the timely handling of instruments that
require certification of no-delinquent taxes, payment of state
deed tax, mortgage registry tax, or conservation fee and that
policy may allow up to an additional five business days at the
request of the office or offices responsible to complete the
payment and certification process.
new text end

new text begin For calendar years 2009 and 2010, the maximum time allowed
for completion of the recording process for documents presented
in recordable form will be 15 business days.
new text end

new text begin For calendar year 2011 and thereafter, the maximum time
allowed for completion of the recording process for documents
presented in recordable form will be ten business days.
new text end

new text begin Instruments recorded electronically must be returned no
later than five business days after receipt by the county in a
recordable format.
new text end

new text begin Subd. 4. new text end

new text begin Compliance with recording requirements. new text end

new text begin For
calendar year 2007, a county is in compliance with the recording
requirements prescribed by subdivision 3 if at least 60 percent
of all recordable instruments described in subdivision 3 and
received by the county in that year are recorded and returned
within the time limits prescribed in subdivision 3. In calendar
year 2008, at least 70 percent of all recordable instruments
must be recorded and returned in compliance with the recording
requirements; for calendar year 2009, at least 80 percent of all
recordable instruments must be recorded and returned in
compliance with the recording requirements; and for calendar
year 2010 and later years, at least 90 percent of all recordable
instruments must be recorded and returned in compliance with the
recording requirements.
new text end

new text begin Subd. 5. new text end

new text begin Temporary suspension of compliance with
recording requirements. new text end

new text begin Compliance with the requirements of
subdivision 4 may be suspended for up to six months when a
county undertakes material enhancements to its systems for
receipt, handling, paying of deed and mortgage tax and
conservation fees, recording, indexing, certification, and
return of instruments. The six-month suspension may be extended
for up to an additional six months if a county board finds by
resolution that the additional time is necessary because of the
difficulties of implementing the enhancement.
new text end

new text begin Subd. 6. new text end

new text begin Certification of compliance with recording
requirements. new text end

new text begin Effective beginning in 2007 for the 2008 county
budget and in each year thereafter, the county recorder and
registrar of titles for each county shall file with the county
commissioners, as part of their budget request, a report that
establishes the status for the previous year of their compliance
with the requirements established in subdivision 3. If the
office has not achieved compliance with the recording
requirements, the report must include an explanation of the
failure to comply, recommendations by the recorder or registrar
to cure the noncompliance and to prevent a reoccurrence, and a
proposal identifying actions, deadlines, and funding necessary
to bring the county into compliance.
new text end

new text begin Subd. 7. new text end

new text begin Restriction on use of recording
fees. new text end

new text begin Notwithstanding any law to the contrary, for county
budgets adopted after January 1, 2006, each county shall
segregate the additional unallocated fee authorized by sections
357.18, 508.82, and 508A.82 from the application of the
provisions of chapters 386, 507, 508, and 508A, in an
appropriate account. This money is available as authorized by
the Board of County Commissioners for supporting enhancements to
the recording process, including electronic recording, to fund
compliance efforts specified in subdivision 5 and for use in
undertaking data integration and aggregation projects. Money
remains in the account until expended for any of the authorized
purposes set forth in this subdivision. This money must not be
used to supplant the normal operating expenses for the office of
county recorder or registrar of titles.
new text end

Sec. 31.

Minnesota Statutes 2004, section 505.08,
subdivision 2, is amended to read:

Subd. 2.

Public certified copies.

The copies of the
official plat or of the exact reproducible copy shall be
compared and certified to by the county recorder in the manner
in which certified copies of records are issued in the
recorder's office, and the copy thereof shall be bound in a
proper volume for the use of the general public and anyone shall
have access to and may inspect such certified copy at their
pleasure. When the plat includes both registered and
nonregistered land two copies thereof shall be so certified and
bound, one for such general public use in each of the offices of
the county recorder and registrar of titles; provided, however,
that only one such copy so certified and bound shall be provided
for general public use in those counties wherein the office
quarters of the county recorder and registrar of titles are one
and the same. When the copy, or any part thereof, shall become
unintelligible from use or wear or otherwise, at the request of
the county recorder it shall be the duty of the county surveyor
to make a reproduction copy of the official plat, or the exact
transparent reproducible copy under the direct supervision of
the county recorder, who shall compare the copy, certify that it
is a correct copy thereof, by proper certificate as above set
forth, and it shall be bound in the volume, and under the page,
and in the place of the discarded copy. In counties not having
a county surveyor the county recorder shall employ a licensed
land surveyor to make such reproduction copy, at the expense of
the county. The county recorder shall receive as a fee for
filing these plats, as aforesaid described, deleted text begin 50 cents per lot,
but shall receive not less than $30 for any plat filed in the
recorder's office deleted text end new text begin pursuant to section 357.18, subdivision 1 new text end .
Reproductions from the exact transparent reproducible copy shall
be available to any person upon request and the cost of such
reproductions shall be paid by the person making such request.
If a copy of the official plat is requested the county recorder
shall prepare it and duly certify that it is a copy of the
official plat and the cost of such copy shall be paid by the
person making such request.

Sec. 32.

Minnesota Statutes 2004, section 508.82, is
amended to read:

508.82 deleted text begin REGISTRAR'S deleted text end new text begin REGISTRAR OF TITLES' new text end FEES.

Subdivision 1.

Standard documents.

The fees to be deleted text begin paid
to deleted text end new text begin charged by new text end the registrar new text begin of titles new text end shall be deleted text begin as follows deleted text end new text begin and
not exceed the following new text end :

(1) of the fees provided herein, deleted text begin five percent deleted text end new text begin $1.50 new text end of the
fees collected under clauses (3), deleted text begin (5), (11), (13), deleted text end new text begin (4), (10),
(12), new text end (14), (16), and (17) deleted text begin , deleted text end for filing or memorializing shall be
paid to the deleted text begin commissioner of finance deleted text end new text begin state treasury pursuant to
section 508.75 new text end and credited to the general fund; deleted text begin plus a $4.50
surcharge shall be charged and collected in addition to the
total fees charged for each transaction under clauses (2), (3),
(5), (11), (13), (14), (16), and (17), with 50 cents of this
surcharge to be retained by the county to cover its
administrative costs, and $4 to be paid to the state treasury
and credited to the general fund;
deleted text end

(2) for registering a first certificate of title, including
issuing a copy of it, deleted text begin $30 deleted text end new text begin $46. Pursuant to clause (1),
distribution of this fee is as follows:
new text end

new text begin (i) $10.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $25.50 shall be deposited in the county general fund new text end ;

(3) for registering each instrument transferring the fee
simple title for which a new certificate of title is issued and
for the registration of the new certificate of title, including
a copy of it, deleted text begin $30 deleted text end new text begin $46. Pursuant to clause (1), distribution of
this fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $24 shall be deposited in the county general fund new text end ;

(4) deleted text begin for issuance of a CECT pursuant to section 508.351,
$15;
deleted text end

deleted text begin (5) deleted text end for the entry of each memorial on a
certificate, deleted text begin $15 deleted text end new text begin $46. For multiple certificate entries, $20
thereafter. Pursuant to clause (1), distribution of this fee is
as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (iii) $24 shall be deposited in the county general fund;
and
new text end

new text begin (iv) $20 shall be deposited in the county general fund for
each multiple entry used new text end ;

deleted text begin (6) deleted text end new text begin (5) new text end for issuing each residue certificate, deleted text begin $20 deleted text end new text begin $40 new text end ;

deleted text begin (7) deleted text end new text begin (6) new text end for exchange certificates, deleted text begin $10 deleted text end new text begin $20 new text end for each
certificate canceled and deleted text begin $10 deleted text end new text begin $20 new text end for each new certificate
issued;

deleted text begin (8) deleted text end new text begin (7) new text end for each certificate showing condition of the
register, deleted text begin $10 deleted text end new text begin $50 new text end ;

deleted text begin (9) deleted text end new text begin (8) new text end for any certified copy of any instrument or writing
on file new text begin or recorded new text end in the deleted text begin registrar's deleted text end new text begin registrar of titles'
new text end office, deleted text begin the same fees allowed by law to county recorders for
like services deleted text end new text begin $10 new text end ;

deleted text begin (10) deleted text end new text begin (9) new text end for a noncertified copy of any certificate of
title, other than the copies issued under clauses (2) and (3),
any instrument or writing on file new text begin or recorded new text end in the office of
the registrar of titles, or any specified page or part of it, an
amount as determined by the county board for each page or
fraction of a page specified. If computer or microfilm printers
are used to reproduce the instrument or writing, a like amount
per image;

new text begin (10) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a registrar of titles shall
return it marked "copy" or "duplicate," showing the recording
date and, if available, the document number assigned to the
original;
new text end

(11) for filing two copies of any plat in the office of the
registrar, deleted text begin $30 deleted text end new text begin $56. Pursuant to clause (1), distribution of
this fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $34 shall be deposited in the county general fund new text end ;

(12) for any other service under this chapter, such fee as
the court shall determine;

(13) for filing an amendment to a declaration in
accordance with chapter 515, deleted text begin $10 deleted text end new text begin $46 new text end for each certificate upon
which the document is registered and deleted text begin $30 deleted text end new text begin for multiple
certificate entries, $20 thereafter; $56 new text end for an amended floor
plan filed in accordance with chapter 515 deleted text begin ; deleted text end new text begin . Pursuant to clause
(1), distribution of this fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (iii) $24 shall be deposited in the county general fund for
amendment to a declaration;
new text end

new text begin (iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
new text end

new text begin (v) $34 shall be deposited in the county general fund for
an amended floor plan;
new text end

new text begin (14) for issuance of a CECT pursuant to section 508.351,
$40;
new text end

deleted text begin (14) deleted text end new text begin (15) new text end for filing an amendment to a common interest
community declaration and plat or amendment complying with
section 515B.2-110, subsection (c), deleted text begin $10 deleted text end new text begin $46 new text end for each certificate
upon which the document is registered and deleted text begin $30 deleted text end new text begin for multiple
certificate entries, $20 thereafter and $56 new text end for the filing of
the condominium or common interest community plat or amendment new text begin .
Pursuant to clause (1), distribution of this fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (iii) $24 shall be deposited in the county general fund for
the filing of an amendment complying with section 515B.2-110,
subsection (c);
new text end

new text begin (iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
new text end

new text begin (v) $34 shall be deposited in the county general fund for
the filing of a condominium or CIC plat or amendment new text end ;

deleted text begin (15) deleted text end new text begin (16) new text end for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan or
common interest community plat with a minimum fee of $10;

deleted text begin (16) deleted text end new text begin (17) new text end for the filing of a certified copy of a plat of
the survey pursuant to section 508.23 or 508.671, deleted text begin $10 deleted text end new text begin $46.
Pursuant to clause (1), distribution of this fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $24 shall be deposited in the county general fund new text end ;

deleted text begin (17) deleted text end new text begin (18) new text end for filing a registered land survey in triplicate
in accordance with section 508.47, subdivision 4, deleted text begin $30 deleted text end new text begin $56.
Pursuant to clause (1), distribution of this fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $34 shall be deposited in the county general fund new text end ;
and

deleted text begin (18) deleted text end new text begin (19) new text end for furnishing a certified copy of a registered
land survey in accordance with section 508.47, subdivision
4, deleted text begin $10 deleted text end new text begin $15 new text end .

new text begin Subd. 1a. new text end [FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR
OF TITLES' OFFICE.] new text begin Notwithstanding the provisions of any
general or special law to the contrary, and pursuant to section
357.182, the established fees pursuant to subdivision 1 shall be
the fee charged in all counties for the specified service, other
than Uniform Commercial Code documents and documents filed or
recorded pursuant to sections 270.69, subdivision 2, paragraph
(c); 272.481 to 272.488; 277.20; and 386.77.
new text end

Subd. 2.

Variance from standards.

A document deleted text begin that does
not deleted text end new text begin should new text end conform to the standards in section 507.093,
paragraph (a), deleted text begin shall not be filed except upon payment of an
additional fee of $10 per document deleted text end new text begin but should not be rejected
unless the document is not legible or cannot be archived new text end . This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks deleted text begin contained in the book of forms deleted text end new text begin on file new text end in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.

Sec. 33.

Minnesota Statutes 2004, section 508A.82, is
amended to read:

508A.82 deleted text begin REGISTRAR'S deleted text end new text begin REGISTRAR OF TITLES' new text end FEES.

Subdivision 1.

Standard documents.

The fees to be deleted text begin paid
to deleted text end new text begin charged by new text end the registrar new text begin of titles new text end shall be deleted text begin as follows deleted text end new text begin and
not exceed the following new text end :

(1) of the fees provided herein, deleted text begin five percent deleted text end new text begin $1.50 new text end of the
fees collected under clauses (3), (5), (11), (13), deleted text begin (14) deleted text end new text begin (15) new text end ,
and deleted text begin (17), deleted text end new text begin (18) new text end for filing or memorializing shall be paid to the
deleted text begin commissioner of finance deleted text end new text begin state treasury pursuant to section
508.75 new text end and credited to the general fund; deleted text begin plus a $4.50 surcharge
shall be charged and collected in addition to the total fees
charged for each transaction under clauses (2), (3), (5), (11),
(13), (14), and (17), with 50 cents of this surcharge to be
retained by the county to cover its administrative costs, and $4
to be paid to the state treasury and credited to the general
fund;
deleted text end

(2) for registering a first CPT, including issuing a copy
of it, deleted text begin $30; deleted text end new text begin $46. Pursuant to clause (1), distribution of the
fee is as follows:
new text end

new text begin (i) $10.50 shall be paid to the state treasury and credited
to the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $25.50 shall be deposited in the county general fund;
new text end

(3) for registering each instrument transferring the fee
simple title for which a new CPT is issued and for the
registration of the new CPT, including a copy of it, deleted text begin $30; deleted text end new text begin $46.
Pursuant to clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $24 shall be deposited in the county general fund;
new text end

(4) for issuance of a CECT pursuant to section 508A.351,
$15;

(5) for the entry of each memorial on a CPT, deleted text begin $15; deleted text end new text begin $46; for
multiple certificate entries, $20 thereafter. Pursuant to
clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (iii) $24 shall be deposited in the county general fund;
and
new text end

new text begin (iv) $20 shall be deposited in the county general fund for
each multiple entry used;
new text end

(6) for issuing each residue CPT, deleted text begin $20 deleted text end new text begin $40 new text end ;

(7) for exchange CPTs or combined certificates of title,
deleted text begin $10 deleted text end new text begin $20 new text end for each CPT and certificate of title canceled and
deleted text begin $10 deleted text end new text begin $20 new text end for each new CPT or combined certificate of title
issued;

(8) for each CPT showing condition of the
register, deleted text begin $10 deleted text end new text begin $50 new text end ;

(9) for any certified copy of any instrument or writing on
file new text begin or recorded new text end in the deleted text begin registrar's deleted text end new text begin registrar of titles' new text end office,
deleted text begin the same fees allowed by law to county recorders for like
services deleted text end new text begin $10 new text end ;

(10) for a noncertified copy of any CPT, other than the
copies issued under clauses (2) and (3), any instrument or
writing on file new text begin or recorded new text end in the office of the registrar of
titles, or any specified page or part of it, an amount as
determined by the county board for each page or fraction of a
page specified. If computer or microfilm printers are used to
reproduce the instrument or writing, a like amount per image;

(11) new text begin for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a registrar of titles shall
return it marked "copy" or "duplicate," showing the recording
date and, if available, the document number assigned to the
original;
new text end

new text begin (12) new text end for filing two copies of any plat in the office of the
registrar, deleted text begin $30; deleted text end new text begin $56. Pursuant to clause (1), distribution of
the fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $34 shall be deposited in the county general fund;
new text end

deleted text begin (12) deleted text end new text begin (13) new text end for any other service under sections 508A.01 to
508A.85, the fee the court shall determine;

deleted text begin (13) deleted text end new text begin (14) new text end for filing an amendment to a declaration in
accordance with chapter 515, deleted text begin $10 deleted text end new text begin $46 new text end for each certificate upon
which the document is registered and deleted text begin $30 deleted text end new text begin for multiple
certificate entries, $20 thereafter; $56 new text end for an amended floor
plan filed in accordance with chapter 515 deleted text begin ; deleted text end new text begin . Pursuant to clause
(1), distribution of the fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (iii) $24 shall be deposited in the county general fund for
amendment to a declaration;
new text end

new text begin (iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
new text end

new text begin (v) $34 shall be deposited in the county general fund for
an amended floor plan;
new text end

deleted text begin (14) deleted text end new text begin (15) for issuance of a CECT pursuant to section
508.351, $40;
new text end

new text begin (16) new text end for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), and issuing a CECT if
required, deleted text begin $10 deleted text end new text begin $46 new text end for each certificate upon which the document
is registered and deleted text begin $30 deleted text end new text begin for multiple certificate entries, $20
thereafter; $56 new text end for the filing of the condominium or common
interest community plat or amendment deleted text begin ; deleted text end new text begin . Pursuant to clause (1),
distribution of the fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
new text end

new text begin (iii) $24 shall be deposited in the county general fund for
the filing of an amendment complying with section 515B.2-110,
subsection (c);
new text end

new text begin (iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
new text end

new text begin (v) $34 shall be deposited in the county general fund for
the filing of a condominium or CIC plat or amendment;
new text end

deleted text begin (15) deleted text end new text begin (17) new text end for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan, or
common interest community plat with a minimum fee of $10;

deleted text begin (16) deleted text end new text begin (18) new text end in counties in which the compensation of the
examiner of titles is paid in the same manner as the
compensation of other county employees, for each parcel of land
contained in the application for a CPT, as the number of parcels
is determined by the examiner, a fee which is reasonable and
which reflects the actual cost to the county, established by the
board of county commissioners of the county in which the land is
located;

deleted text begin (17) deleted text end new text begin (19) new text end for filing a registered land survey in triplicate
in accordance with section 508A.47, subdivision 4, deleted text begin $30; and deleted text end new text begin $56.
Pursuant to clause (1), distribution of the fee is as follows:
new text end

new text begin (i) $12 shall be paid to the state treasury and credited to
the general fund;
new text end

new text begin (ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
new text end

new text begin (iii) $34 shall be deposited in the county general fund;
and
new text end

deleted text begin (18) deleted text end new text begin (20) new text end for furnishing a certified copy of a registered
land survey in accordance with section 508A.47, subdivision
4, deleted text begin $10 deleted text end new text begin $15 new text end .

new text begin Subd. 1a. new text end

new text begin Fees to record instruments with registrar of
titles. new text end

new text begin Notwithstanding any special law to the contrary, and
pursuant to section 357.182, the established fees pursuant to
subdivision 1 shall be the fee charged in all counties for the
specified service, other than Uniform Commercial Code documents,
and documents filed or recorded pursuant to sections 270.69,
subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and
386.77.
new text end

Subd. 2.

Variance from standards.

A document deleted text begin that does
not deleted text end new text begin should new text end conform to the standards in section 507.093,
paragraph (a), deleted text begin shall not be filed except upon payment of an
additional fee of $10 per document deleted text end new text begin but should not be rejected
unless the document is not legible or cannot be archived new text end . This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks deleted text begin contained in the book of forms deleted text end new text begin on file new text end in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.

Sec. 34.

Minnesota Statutes 2004, section 515B.1-116, is
amended to read:

515B.1-116 RECORDING.

(a) A declaration, bylaws, any amendment to a declaration
or bylaws, and any other instrument affecting a common interest
community shall be entitled to be recorded. In those counties
which have a tract index, the county recorder shall enter the
declaration in the tract index for each unit affected. The
registrar of titles shall file the declaration in accordance
with section 508.351 or 508A.351.

(b) The recording officer shall upon request promptly
assign a number (CIC number) to a common interest community to
be formed or to a common interest community resulting from the
merger of two or more common interest communities.

(c) Documents recorded pursuant to this chapter shall in
the case of registered land be filed, and references to the
recording of documents shall mean filed in the case of
registered land.

(d) Subject to any specific requirements of this chapter,
if a recorded document relating to a common interest community
purports to require a certain vote or signatures approving any
restatement or amendment of the document by a certain number or
percentage of unit owners or secured parties, and if the
amendment or restatement is to be recorded pursuant to this
chapter, an affidavit of the president or secretary of the
association stating that the required vote or signatures have
been obtained shall be attached to the document to be recorded
and shall constitute prima facie evidence of the representations
contained therein.

(e) If a common interest community is located on registered
land, the recording fee for any document affecting two or more
units shall be deleted text begin the then-current fee for registering the document
on the certificates of title for the first ten affected
certificates and one-third of the then-current fee for each
additional affected certificate deleted text end new text begin $40 for the first ten affected
certificates and $10 for each additional affected certificate new text end .
This provision shall not apply to recording fees for deeds of
conveyance, with the exception of deeds given pursuant to
sections 515B.2-119 and 515B.3-112.

(f) Except as permitted under this subsection, a recording
officer shall not file or record a declaration creating a new
common interest community, unless the county treasurer has
certified that the property taxes payable in the current year
for the real estate included in the proposed common interest
community have been paid. This certification is in addition to
the certification for delinquent taxes required by section
272.12. In the case of preexisting common interest communities,
the recording officer shall accept, file, and record the
following instruments, without requiring a certification as to
the current or delinquent taxes on any of the units in the
common interest community: (i) a declaration subjecting the
common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to
section 515B.2-123; or (iii) an amendment to or restatement of
the declaration, bylaws, or CIC plat. In order for an
instrument to be accepted and recorded under the preceding
sentence, the instrument must not create or change unit or
common area boundaries.

Sec. 35.

Minnesota Statutes 2004, section 604.15,
subdivision 2, is amended to read:

Subd. 2.

Acts constituting.

(a) The owner of a vehicle
that receives motor fuel that was not paid for is liable to the
retailer for the price of the motor fuel received and a service
charge of deleted text begin up to $20, or the actual costs of collection not to
exceed deleted text end $30. This charge may be imposed new text begin immediately new text end upon the
mailing of the notice under subdivision 3, if notice of the
service charge was conspicuously displayed on the premises from
which the motor fuel was received. The notice must include a
statement that new text begin additional new text end civil penalties will be imposed if
payment is not received within 30 days. Only one service charge
may be imposed under this paragraph for each incident. new text begin If a law
enforcement agency obtains payment for the motor fuel on behalf
of the retailer, the service charge may be retained by the law
enforcement agency for its expenses.
new text end

(b) If the price of the motor fuel received is not paid
within 30 days after the retailer has mailed notice under
subdivision 3, the owner is liable to the retailer for the price
of the motor fuel received, the service charge as provided in
paragraph (a), plus a civil penalty not to exceed $100 or the
price of the motor fuel, whichever is greater. new text begin In determining
the amount of the penalty, the court shall consider the amount
of the fuel taken and the reason for the nonpayment. The
retailer shall also be entitled to:
new text end

new text begin (1) interest at the legal rate for judgments under section
549.09 from the date of nonpayment; and
new text end

new text begin (2) reasonable attorney fees, but not to exceed $500.
new text end

The civil penalty may not be imposed until 30 days after
the mailing of the notice under subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005,
and applies to acts committed on or after that date.
new text end

Sec. 36.

Minnesota Statutes 2004, section 604.15, is
amended by adding a subdivision to read:

new text begin Subd. 5. new text end

new text begin Not a bar to criminal liability. new text end

new text begin Civil
liability under this section does not preclude criminal
liability under applicable law.
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. 37. new text begin HOMELESSNESS PILOT PROJECTS; GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Grants. new text end

new text begin The commissioner of public
safety, in consultation with the director of ending long-term
homelessness, the Ending Long-Term Homelessness Advisory
Council, and the Department of Human Services Office of Economic
Opportunity, shall award grants for homeless outreach and to
provide a bridge to stable housing and services. The
commissioner shall award grants to qualified applicants in
Hennepin County, Ramsey County, and one county outside the
seven-county metropolitan area. An entity outside the
seven-county metropolitan area receiving a grant under this
section shall provide a 25 percent match. An entity within the
seven-county metropolitan area receiving a grant under this
section shall provide a 50 percent match. Grants must be used
for homelessness pilot projects of a two-year duration that
reduce recidivism and promote stronger communities through
street and shelter outreach to connect people experiencing
homelessness to housing and services.
new text end

new text begin Subd. 2. new text end

new text begin Applications. new text end

new text begin An applicant for a grant under
subdivision 1 must establish that:
new text end

new text begin (1) the applicant is experienced in homeless outreach
services and will have staff qualified to work with people with
serious mental illness, chemical dependency, and other factors
contributing to homelessness;
new text end

new text begin (2) the applicant employs outreach staff who are trained
and qualified to work with racially and culturally diverse
populations;
new text end

new text begin (3) outreach services will be targeted to, but not limited
to, people experiencing long-term homelessness, and people who
have had repeated interactions with law enforcement;
new text end

new text begin (4) outreach services will provide intervention strategies
linking people to housing and services as an alternative to
arrest;
new text end

new text begin (5) the applicant has a plan to connect people experiencing
homelessness to services for which they may be eligible such as
supplemental security income, veterans benefits, health care,
housing assistance, and long-term support programs for those
with serious mental illness;
new text end

new text begin (6) the applicant's project will promote community
collaboration with local law enforcement, local and county
governments, social services providers, mental health crisis
providers, and other community organizations to address
homelessness;
new text end

new text begin (7) the applicant has a plan to leverage resources from the
entities listed in clause (6) and other private sources to
accomplish the goal of moving people into housing and services;
and
new text end

new text begin (8) the applicant has a plan for evaluation of the
applicant's pilot project that is designed to measure the
program's effectiveness in connecting people experiencing
homelessness to housing and services and reducing the use of
public safety and corrections resources.
new text end

new text begin Subd. 3. new text end

new text begin Annual report. new text end

new text begin Grant recipients shall report to
the commissioner by June 30, 2006, and June 30, 2007, on the
services provided, expenditures of grant money, and an
evaluation of the program's success in: (1) connecting
individuals experiencing homelessness to housing and services;
and (2) reducing the use of public safety and corrections
resources. The commissioner shall submit reports to the chairs
and ranking minority members of the house of representatives and
senate committees having jurisdiction over public safety and
health and human services by November 1, 2006, and November 1,
2007. The commissioner's reports must explain how the grant
proceeds were used and evaluate the effectiveness of the pilot
projects funded by the grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 38. new text begin SPECIAL REVENUE SPENDING AUTHORIZATION FROM
CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.
new text end

new text begin Remaining balances in the special revenue fund from
spending authorized by Laws 2001, First Special Session chapter
8, article 7, section 14, subdivision 1, for which spending
authorization ended June 30, 2003, under Laws 2001, First
Special Session chapter 8, article 7, section 14, subdivision 3,
are transferred to the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end

Sec. 39. new text begin MCF-FARIBAULT DEDICATION OF SPACE.
new text end

new text begin While planning, designing, and constructing new facilities
on the campus of the Minnesota Correctional Facility in
Faribault, the commissioner of corrections shall designate a
space on the campus sufficient in size to build one additional
prison building. This space must be preserved and designated
for the benefit of Rice County for the future construction of a
county correctional facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day
following final enactment and expires on July 1, 2015.
new text end

Sec. 40. new text begin ST. LOUIS COUNTY; EXAMINER OF TITLES.
new text end

new text begin Notwithstanding Minnesota Statutes, section 508.12, if the
St. Louis County examiner of titles or deputy examiner of titles
is an included employee as defined in Minnesota Statutes,
section 353.01, subdivision 2a, then the examiner of titles or
deputy examiner is a St. Louis County employee and shall be
subject to the county personnel and compensation policies
generally applied to all county employees, except that selection
and termination of the examiner of titles and deputy examiners
of titles may only be with the concurrence of the judges of the
district court within St. Louis County.
new text end

Sec. 41. new text begin REPEALER.
new text end

new text begin (a) Minnesota Statutes 2004, sections 299A.68; and 299C.65,
subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed.
new text end

new text begin (b) Minnesota Statutes 2004, section 386.30, is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2005.
new text end