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Capital IconMinnesota Legislature

SF 2673

3rd Engrossment - 92nd Legislature (2021 - 2022) Posted on 05/10/2022 09:59am

KEY: stricken = removed, old language.
underscored = added, new language.
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34.26 34.27 34.28 34.29 34.30 34.31 34.32 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 36.1 36.2 36.3
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58.1 58.2
58.3 58.4 58.5 58.6 58.7 58.8
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58.11 58.12 58.13 58.14 58.15 58.16 58.17 58.18 58.19 58.20
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59.24 59.25 59.26 59.27 59.28 59.29 60.1 60.2 60.3 60.4 60.5 60.6 60.7 60.8
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61.31 61.32 61.33 62.1 62.2 62.3 62.4 62.5 62.6 62.7 62.8 62.9 62.10 62.11 62.12 62.13 62.14 62.15 62.16 62.17 62.18 62.19 62.20 62.21 62.22 62.23
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62.26 62.27 62.28 62.29 62.30 62.31 63.1 63.2 63.3
63.4 63.5 63.6 63.7 63.8 63.9 63.10 63.11 63.12 63.13 63.14 63.15 63.16 63.17 63.18 63.19
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63.25 63.26 63.27 63.28
64.1 64.2 64.3 64.4 64.5 64.6 64.7 64.8 64.9 64.10 64.11 64.12
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69.1 69.2 69.3 69.4 69.5
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71.6 71.7 71.8 71.9 71.10 71.11 71.12 71.13 71.14 71.15 71.16 71.17 71.18 71.19 71.20 71.21 71.22 71.23 71.24 71.25 71.26 71.27 71.28 71.29 71.30 71.31 71.32 72.1 72.2 72.3 72.4 72.5
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72.8 72.9 72.10 72.11 72.12 72.13 72.14 72.15 72.16 72.17 72.18 72.19 72.20 72.21 72.22 72.23 72.24 72.25 72.26 72.27 72.28 72.29 72.30 72.31
73.1 73.2
73.3 73.4 73.5 73.6 73.7 73.8 73.9 73.10 73.11 73.12 73.13 73.14 73.15 73.16 73.17 73.18 73.19 73.20 73.21 73.22 73.23 73.24 73.25 73.26 73.27
73.28 73.29
74.1 74.2 74.3 74.4 74.5 74.6 74.7 74.8 74.9 74.10 74.11
74.12 74.13

A bill for an act
relating to public safety; amending certain statutes regarding public safety, criminal
justice, and corrections; establishing new crimes and expanding existing ones;
modifying sentencing provisions; modifying fees; requiring reporting; authorizing
pilot projects; providing for grant programs; appropriating money for the judiciary,
public safety, public defenders, sentencing guidelines, and corrections; amending
Minnesota Statutes 2020, sections 13A.02, subdivisions 1, 2; 144.6586, subdivision
2; 152.01, by adding a subdivision; 152.021, subdivisions 1, 2; 152.022,
subdivisions 1, 2; 152.023, subdivision 2; 152.025, subdivision 4; 169A.44;
169A.51, subdivisions 3, 4, by adding a subdivision; 171.174; 171.177, subdivisions
1, 3, 4, 5, 8, 12, 14; 171.306, by adding a subdivision; 244.01, subdivision 8;
244.05, subdivisions 4, 5; 244.09, subdivisions 2, 11, by adding subdivisions;
244.101, subdivision 1; 244.14, subdivision 3; 244.171, subdivision 4; 299A.41,
subdivisions 3, 4, by adding a subdivision; 357.021, subdivision 2; 517.08,
subdivision 1c; 609.035, subdivision 1, by adding a subdivision; 609.106,
subdivision 2; 609.1095, subdivisions 2, 3, 4, by adding a subdivision; 609.11,
subdivision 8, by adding a subdivision; 609.115, subdivision 2a; 609.2231,
subdivisions 2, 3; 609.35; 609.487, subdivision 5, by adding a subdivision; 609.52,
subdivisions 3, 3a; 609.527, subdivision 1, by adding a subdivision; 609.582,
subdivisions 3, 4; 609B.205; 626.15; 626.8452, by adding subdivisions; Minnesota
Statutes 2021 Supplement, sections 357.021, subdivision 1a; 609.135, subdivision
2; 609.2325, subdivision 1; 609.5151; proposing coding for new law in Minnesota
Statutes, chapters 299A; 388; 609; 617; 626.

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

ARTICLE 1

APPROPRIATIONS AND RELATED PROVISIONS

Section 1. new text beginAPPROPRIATIONS.
new text end

new text begin The sums shown in the columns marked "Appropriations" are added to or, if shown in
parentheses, subtracted from the appropriations in Laws 2021, First Special Session chapter
11, article 1, to the agencies and for the purposes specified in this article. The appropriations
are from the general fund, or another named fund, and are available for the fiscal years
indicated for each purpose. The figures "2022" and "2023" used in this article mean that
the addition to or subtraction from the appropriation listed under them is available for the
fiscal year ending June 30, 2022, or June 30, 2023, respectively. "The first year" is fiscal
year 2022. "The second year" is fiscal year 2023. Supplemental appropriations and reductions
to appropriations for the fiscal year ending June 30, 2022, are effective the day following
final enactment.
new text end

new text begin APPROPRIATIONS
new text end
new text begin Available for the Year
new text end
new text begin Ending June 30
new text end
new text begin 2022
new text end
new text begin 2023
new text end

Sec. 2. new text beginSUPREME COURT
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 2,304,000
new text end

new text begin Justices' compensation is increased by six
percent.
new text end

Sec. 3. new text beginCOURT OF APPEALS
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 621,000
new text end

new text begin Judges' compensation is increased by six
percent.
new text end

Sec. 4. new text beginDISTRICT COURTS
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 14,803,000
new text end

new text begin Judges' compensation is increased by six
percent.
new text end

Sec. 5. new text beginPUBLIC DEFENDERS
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 50,000,000
new text end

Sec. 6. new text beginSENTENCING GUIDELINES
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 838,000
new text end

new text begin (a) Searchable Public Database
new text end

new text begin $265,000 is to develop and maintain a publicly
searchable database pursuant to Minnesota
Statutes, section 244.09, subdivision 6a. The
base is $289,000 in fiscal year 2024 and
$87,000 in fiscal year 2025 and beyond.
new text end

new text begin (b) Recordings of Commission Meetings
new text end

new text begin $4,000 is to make visual and audio recordings
of commission meetings and to make the
recordings available to the public on the
commission's website. This is a onetime
appropriation.
new text end

new text begin (c) Reports on Dismissals by Prosecutors
new text end

new text begin $569,000 is to implement the reporting
requirement in Minnesota Statutes, section
244.09, subdivision 15. The base for this is
$145,000 in fiscal year 2024 and beyond.
new text end

Sec. 7. new text beginCORRECTIONS
new text end

new text begin Subdivision 1. new text end

new text begin Total
Appropriation
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 27,955,000
new text end

new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end

new text begin Subd. 2. new text end

new text begin Incarceration and Prerelease Services
new text end

new text begin -0-
new text end
new text begin 2,955,000
new text end

new text begin Interstate Adult Offender Transfer
Transportation Expenses
new text end

new text begin $250,000 is for reimbursement of
transportation expenses related to the return
of probationers to the state who are being held
in custody under Minnesota Statutes, section
243.1605. Reimbursement shall be based on
a fee schedule agreed to by the Department of
Corrections and the Minnesota Sheriffs'
Association. The required return to the state
of a probationer in custody as a result of a
nationwide warrant issued pursuant to the
Interstate Compact for Adult Supervision must
be arranged and supervised by the sheriff of
the county in which the court proceedings are
to be held and at the expense of the state as
provided for in this subdivision. This expense
offset is not applicable to the transport of
individuals from pickup locations within 250
miles of the office of the sheriff arranging and
supervising the offender's return to the state.
new text end

new text begin Subd. 3. new text end

new text begin Community
Supervision and Postrelease
Services
new text end

new text begin -0-
new text end
new text begin 25,000,000
new text end

new text begin (a) Community Corrections Act
new text end

new text begin $16,250,000 is added to the Community
Corrections Act subsidy under Minnesota
Statutes, section 401.14.
new text end

new text begin (b) County Probation Officer
Reimbursement
new text end

new text begin $5,000,000 is added to the county probation
officer reimbursement program as described
in Minnesota Statutes, section 244.19,
subdivision 6.
new text end

new text begin (c) Department of Corrections Supervision
Services
new text end

new text begin $3,750,000 is for the department's probation
and supervised release services.
new text end

new text begin (d) Reporting Required
new text end

new text begin By January 1, 2023, each county receiving
reimbursement under Minnesota Statutes,
section 244.19, and each county or group of
counties receiving funding under Minnesota
Statutes, section 401.14, shall report to the
commissioner of corrections how they spent
the additional funds appropriated in this
subdivision, including how many new
probation officers or other supervisory staff
were hired, and any new supervision programs
initiated.
new text end

new text begin (e) Reporting Required
new text end

new text begin By February 1, 2023, the commissioner shall
collate the information received under
paragraph (d) and submit it to the chairs and
ranking minority members of the legislative
committees having jurisdiction over criminal
justice policy and finance. The commissioner
shall also report on how the additional funds
appropriated in paragraph (c) to the
Department of Corrections for probation and
supervised release were spent, using the same
statistical indexes and format.
new text end

Sec. 8. new text beginPUBLIC SAFETY
new text end

new text begin $
new text end
new text begin -0-
new text end
new text begin $
new text end
new text begin 108,185,000
new text end

new text begin (a) Promoting Peace Officers
new text end

new text begin $1,000,000 is to implement, in coordination
with the Peace Officer Standards and Training
Board, a marketing and advertising campaign
to publicly promote the importance of peace
officers for the safety of Minnesotans and to
recruit more persons into law enforcement
careers. This is a onetime appropriation.
new text end

new text begin By January 15, 2024, the commissioner shall
report to the chairs and ranking minority
members of the legislative committees having
jurisdiction over criminal justice policy and
finance on the campaign required by this
paragraph. The report must provide a detailed
overview on how the appropriation was spent,
including but not limited to information that
itemizes how the campaign was conducted,
the types of marketing and advertising
activities conducted, and the types of media
used. In addition, the report must address the
level of success and efficacy of the campaign
using objective and verifiable criteria.
new text end

new text begin (b) Pathway to Policing
new text end

new text begin $2,000,000 is for reimbursement grants to state
and local law enforcement agencies that
operate pathway to policing programs intended
to bring persons with nontraditional
backgrounds into law enforcement. Applicants
for reimbursement grants may receive up to
50 percent of the cost of compensating and
training pathway to policing participants.
Reimbursement grants must be proportionally
allocated based on the number of grant
applications approved by the commissioner.
new text end

new text begin By February 15 of each odd-numbered year,
the commissioner shall report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over public safety
policy and finance on the pathway to policing
grant program. At a minimum, the report must
identify the agencies receiving the grants and
the number of individuals recruited or hired
based on the grants and the nature of the
individual's nontraditional backgrounds, and
include an evaluation of the success of the
program in achieving its goals.
new text end

new text begin (c) Gunshot Detection System
new text end

new text begin $2,000,000 is for a grant to the Ramsey
County Sheriff's Office to improve the
detection of incidents involving gunfire and
facilitate a rapid response to those incidents.
This is a onetime appropriation.
new text end

new text begin This money may be used to:
new text end

new text begin (1) purchase technology systems, including
portable devices, that detect outdoor audible
gunfire within a specific coverage area using
acoustic sensors that accurately pinpoint the
location of the gunfire; and
new text end

new text begin (2) obtain and maintain software that allows
peace officers to receive an alert on a mobile
computer, smartphone, or tablet indicating the
address of the gunfire, the time frame in which
shots were fired, the number of shots fired,
and any other available information.
new text end

new text begin The Ramsey County Sheriff's Office shall
place technology that detects outdoor audible
gunfire in areas in the county where there are
a disproportionately high number of gunfire
incidents.
new text end

new text begin (d) First Responders Mental Health
new text end

new text begin $1,000,000 is for a grant to a nonprofit
organization that provides nonmedical mental
health support to first responders who have
experienced traumatic events. The grant
recipient shall use the money to fund mental
health treatment for present and former law
enforcement officers and first responders
facing employment-related mental health
issues, utilizing interactive group activity and
other methods.
new text end

new text begin By February 15 of each odd-numbered year,
the commissioner shall report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over public safety
policy and finance on the grant made under
this paragraph. The report must identify the
grantee and give detailed information on how
the money was used by the grantee and
provide an evaluation of the success of the
grantee in meeting the goals of the program.
new text end

new text begin (e) Violent Crime Enforcement Teams
new text end

new text begin $2,000,000 is for additional violent crime
enforcement teams.
new text end

new text begin (f) Local Government Emergency
Management
new text end

new text begin $3,000,000 is to award grants in equal
amounts to the emergency management
organizations of the 87 counties, 11 federally
recognized Tribes, and four cities of the first
class for reimbursement of planning and
preparedness activities, including capital
purchases, that are eligible under federal
emergency preparedness grant guidelines.
Local emergency management organizations
must make a request to Homeland Security
and Emergency Management for these grants.
Current local funding for emergency
management and preparedness activities may
not be supplanted by these additional state
funds. Of this amount, up to one percent may
be used for the department's administrative
costs. This appropriation does not lapse and
is available until expended. Unspent money
may be redistributed to eligible local
emergency management organizations.
new text end

new text begin By February 15 of each odd-numbered year,
the commissioner shall submit a report on the
grant awards to the chairs and ranking
minority members of the legislative
committees with jurisdiction over emergency
management and preparedness activities. At
a minimum, the report must identify grant
recipients and give detailed information on
how the grantees used the money received.
new text end

new text begin (g) Youth Intervention Grants
new text end

new text begin $5,000,000 is for youth intervention program
grants under Minnesota Statutes, section
299A.73.
new text end

new text begin (h) School Safety Center
new text end

new text begin $250,000 is for two school safety specialists
at the Minnesota School Safety Center.
new text end

new text begin (i) Prosecutorial Training
new text end

new text begin $100,000 is for a grant to the Minnesota
County Attorneys Association to be used for
prosecutorial and law enforcement training,
including trial school training and
train-the-trainers courses.
new text end

new text begin (j) Ramsey County Sheriff Violent Crime
Initiative; Air Patrol
new text end

new text begin $2,400,000 is for a grant to the Ramsey
County Sheriff's Office. In coordination with
other sheriffs' offices, police departments, and
Metro Transit, the Ramsey County sheriff shall
use the funds to prevent and combat surging
rates of violent crime, including murder,
assault, carjacking, and other crimes against
the person, in the seven-county metropolitan
area with a concentration of efforts in areas
that have experienced the largest increase in
violent crimes since July 1, 2020. The Ramsey
County sheriff may use these funds to
reimburse or directly compensate peace
officers from other jurisdictions who assist in
crime prevention efforts coordinated by the
sheriff. This is a onetime appropriation.
new text end

new text begin $600,000 is for the State Patrol's use of the air
patrol, in coordination with the Ramsey
County sheriff, to prevent and combat violent
crime in the seven-county metropolitan area
with a concentration of efforts in areas that
have experienced the largest increase in
violent crimes since July 1, 2020. This is a
onetime appropriation.
new text end

new text begin By February 1, 2024, the commissioner shall
report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over criminal justice policy and
finance on how the appropriations in this
paragraph were used. The report must detail
the impact the appropriations had on reducing
violent criminal activity in the seven-county
metropolitan area and make recommendations
on how future state appropriations can be used
to reduce violent crime in the seven-county
metropolitan area. The report must provide
specific details on the number of arrests made
in whole or in part from the grant, the crimes
for which the arrests were made, the
convictions obtained, the number of resulting
forfeitures, and the specific uses to which the
air patrol was employed. In addition, the report
must identify instances in which a portion of
the appropriation was used to reimburse or
directly compensate peace officers from other
jurisdictions, specifying this by agency and
amount.
new text end

new text begin (k) Portable Recording Systems
new text end

new text begin $5,000,000 is to provide grants for portable
recording systems and portable recording
system data under Minnesota Statutes, section
299A.88, purchased or contracted for on or
after July 1, 2022.
new text end

new text begin (l) Use of Force Training; Reimbursement
new text end

new text begin $2,625,000 is for reimbursement grants, to be
made in consultation with the executive
director of the Peace Officer Standards and
Training Board, to postsecondary schools
certified to provide programs of professional
peace officer education for providing
in-service training programs on the use of
force, including deadly force, by peace
officers. This is a onetime appropriation and
is available until June 30, 2025.
new text end

new text begin To be eligible for reimbursement, training
offered by a postsecondary school must:
new text end

new text begin (1) satisfy the requirements of Minnesota
Statutes, section 626.8452, and be approved
by the Peace Officer Standards and Training
Board;
new text end

new text begin (2) utilize scenario-based training that
simulates real-world situations and involves
the use of real firearms that fire nonlethal
ammunition; and
new text end

new text begin (3) be offered to peace officers at no charge
to the peace officer or law enforcement
agency.
new text end

new text begin A postsecondary school that offers training
consistent with the requirements of this
paragraph may apply for reimbursement for
the costs of offering the training.
Reimbursement shall be made at a rate of $250
for each officer who participates in the
training. The postsecondary school shall
submit the name and peace officer license
number of the peace officer who received the
training.
new text end

new text begin As used in this paragraph:
new text end

new text begin (i) "law enforcement agency" has the meaning
given in Minnesota Statutes, section 626.84,
subdivision 1, paragraph (f); and
new text end

new text begin (ii) "peace officer" has the meaning given in
Minnesota Statutes, section 626.84,
subdivision 1, paragraph (c).
new text end

new text begin (m) Peace Officer Education
Reimbursement
new text end

new text begin $2,500,000 is for education reimbursement
grants, to be made in consultation with the
executive director of the Peace Officer
Standards and Training Board, to eligible
peace officers.
new text end

new text begin An eligible peace officer is a person who:
new text end

new text begin (1) is a peace officer as defined in Minnesota
Statutes, section 626.84, subdivision 1,
paragraph (c);
new text end

new text begin (2) began employment as a peace officer on
or after July 1, 2021;
new text end

new text begin (3) has been continuously employed as a peace
officer for at least 12 months;
new text end

new text begin (4) has not been found to be in violation of the
standards of conduct set forth in Minnesota
Rules, part 6700.1600; and
new text end

new text begin (5) paid tuition or other fees to a
postsecondary school to participate in a
professional peace officer education program
as defined in Minnesota Statutes, section
626.84, subdivision 1, paragraph (g).
new text end

new text begin An eligible peace officer may receive
reimbursement equal to the amount paid in
tuition or other fees to a postsecondary school
to participate in a professional peace officer
education program or $5,000, whichever is
less. An eligible peace officer may not receive
reimbursement for any amount paid by a third
party or reimbursed by any other entity, or any
amount of a loan that was forgiven or is
eligible to be forgiven from money borrowed
from a financial institution or other entity.
new text end

new text begin The commissioner, in consultation with the
executive director, shall establish the
requirements for an application for
reimbursement of education expenses. At a
minimum, the application must include:
new text end

new text begin (i) the name, date of birth, and peace officer
license number of the applicant;
new text end

new text begin (ii) the postsecondary school to which tuition
or other fees were paid and the amount paid;
new text end

new text begin (iii) the date of completion of a professional
peace officer education program;
new text end

new text begin (iv) the date on which the person began
employment as a peace officer;
new text end

new text begin (v) certification by a chief law enforcement
officer that the person is employed as a peace
officer at the time of application and has been
employed as a peace officer for at least the
previous 12 months; and
new text end

new text begin (vi) a statement signed by the applicant, under
penalty of perjury as provided in Minnesota
Statutes, section 609.48, attesting that the
applicant paid the tuition or fees being
claimed; the amount paid was not reimbursed
by any other entity or through any other
program; and the applicant is not claiming
reimbursement for any amount of a loan that
was forgiven or is eligible to be forgiven from
money borrowed from a financial institution
or other entity.
new text end

new text begin The commissioner shall prepare and make
forms available on its website for use by
applicants and chief law enforcement officers.
new text end

new text begin By February 15 of each odd-numbered year,
the commissioner shall report to the chairs and
ranking minority members of the legislative
committees having jurisdiction over public
safety policy and finance on the grants made
under this paragraph. At a minimum, the report
must give details on the number of grants
made, the amount of each grant, the
postsecondary schools attended, and the law
enforcement agency the peace officer is
employed by.
new text end

new text begin (n) Reimbursement Grants to Law
Enforcement Agencies for New Peace
Officer Hiring Bonuses
new text end

new text begin $20,000,000 is for grants, to be made in
consultation with the executive director of the
Peace Officer Standards and Training Board,
to law enforcement agencies under this
paragraph. This is a onetime appropriation and
is available until June 30, 2025.
new text end

new text begin The commissioner, in consultation with the
executive director, may make reimbursement
grants as provided in this paragraph to law
enforcement agencies that have paid
recruitment bonuses to newly hired peace
officers. Agencies may apply for grants on
forms and as directed by the commissioner.
The maximum amount of a grant is $10,000
per officer hired. An agency may apply for
multiple grants to cover multiple eligible
bonuses. Grants are awarded at the discretion
of the commissioner, in consultation with the
executive director, and are limited to the
amount appropriated for this purpose.
new text end

new text begin Law enforcement agencies may offer
recruitment bonuses to provide incentives to
individuals to become peace officers with the
agency. A reimbursement grant under this
paragraph may be made only if the peace
officer was hired after having received notice
of the availability of a recruitment bonus and
only after the agency has paid the bonus. An
officer is eligible for a bonus upon reaching
the officer's one year anniversary of starting
employment at the agency and only if the
officer is a member in good standing with the
agency. A grant may be awarded only for a
bonus paid to a newly licensed peace officer
hire. Grants may not reimburse bonuses paid
to officers moving laterally from other
jurisdictions within the state or officers who
previously served as correctional officers
within the state. If the demand for grants
exceeds the amount appropriated, the
commissioner, in consultation with the
executive director, shall award grants in a
manner that ensures that grants are distributed
to agencies in a geographically balanced
manner and also in a balanced manner in terms
of the size of the law enforcement agencies
receiving grants.
new text end

new text begin By January 15, 2025, the commissioner shall
report to the chairs and ranking minority
members of the legislative committees having
jurisdiction over criminal justice policy and
finance on the grant program. At a minimum,
the report must provide detailed information
on the grants awarded under this paragraph,
including the amount of each grant and the
recipient agency, and the number of new hires
made in whole or in part because of the grants.
new text end

new text begin (o) Peace Officer Bonus Program
new text end

new text begin $2,000,000 is for the bonus program described
in Minnesota Statutes, section 626.8415.
new text end

new text begin (p) Bonus Payments to Peace Officers
new text end

new text begin $47,000,000 is to distribute, in consultation
with the executive director of the Peace
Officer Standards and Training Board, a
onetime bonus payment to each peace officer,
as defined in Minnesota Statutes, section
626.84, subdivision 1, who is employed as of
July 1, 2022. The bonus payment must be
$3,000 for peace officers under the age of 50
as of July 1, 2022, and $10,000 for peace
officers aged 55 or over as of July 1, 2022.
For a peace officer aged 50 to 54 as of July 1,
2022, the bonus payment is $3,000. However,
the peace officer must be paid an additional
$7,000 bonus upon reaching 55 years of age
if the person is still employed as a peace
officer or upon working an additional two
years as a peace officer, whichever occurs
first. This is a onetime appropriation and is
available until June 30, 2025.
new text end

new text begin By February 1, 2026, the commissioner shall
report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over public safety policy and
finance on the bonus payments made under
this paragraph. At a minimum, the report must
identify the number of grants made, the
amount of each grant, the number of grants
by category, and the number of grants made
to peace officers aged 50 to 54 that were later
supplemented upon the peace officer working
two additional years or turning 55.
new text end

new text begin (q) Police Officer Skills Training and
Provider Program Grants
new text end

new text begin $5,000,000 is to transfer to the Minnesota
State Colleges and Universities Board of
Trustees for grants to the nine Minnesota State
Colleges and Universities police officer skills
training and provider programs. The grants
may be used for technological needs, including
body cameras to enhance student learning
through the use of real-time review; fleet
vehicles and accessories such as automatic
vehicle locators, light bars, and radio racks; a
de-escalation simulation program; a
360-degree force continuum simulator; a
tactical warehouse recording system; personal
interaction replay equipment, such as
electronic tablets for crime scene investigation
scenarios; and other costs associated with
operating a skills program.
new text end

new text begin The Board of Trustees shall award the grants
based on the nine police officer skills training
and provider program enrollment. This is a
onetime appropriation.
new text end

new text begin (r) Racially Diverse Youth
new text end

new text begin $210,000 is for grants to organizations to
address racial disparity of youth using shelter
services in the Rochester and St. Cloud
regional areas. A grant recipient shall establish
and operate a pilot program connected to
shelter services to engage in community
intervention outreach, mobile case
management, family reunification, aftercare,
and follow up when family members are
released from shelter services. A pilot program
must specifically address the high number of
racially diverse youth that enter shelters in the
regions. This is a onetime appropriation.
new text end

new text begin (s) Administration Costs
new text end

new text begin Except as otherwise provided, up to 2.5
percent of the money appropriated in this
section may be used by the commissioner to
administer the grant programs described.
new text end

new text begin (t) Costs of Sexual Assault Medical
Examinations
new text end

new text begin $3,500,000 is to pay for the cost of medical
examinations for sexual assault victims in
accordance with Minnesota Statutes, section
609.35.
new text end

new text begin (u) Prohibition on Supplanting
new text end

new text begin Notwithstanding any contrary provision in
ordinance or contract, a local unit of
government may not use any money
appropriated or granted under this section to
supplant its funding of peace officer salaries,
salary ranges, or other compensation, or use
it in a manner that differs from the purposes
specified.
new text end

new text begin (v) Public Safety Officers; Benefits
new text end

new text begin $1,000,000 is for costs associated with the
amendments to Minnesota Statutes, section
299A.41, made in sections 13 to 15.
new text end

Sec. 9.

Minnesota Statutes 2020, section 144.6586, subdivision 2, is amended to read:


Subd. 2.

Contents of notice.

The commissioners of health and public safety, in
consultation with sexual assault victim advocates and health care professionals, shall develop
the notice required by subdivision 1. The notice must inform the victim, at a minimum, of:

(1) the obligation under section 609.35 of the deleted text begincounty where the criminal sexual conduct
occurred
deleted text endnew text begin statenew text end to pay for the examination performed for the purpose of gathering evidence,
that payment is not contingent on the victim reporting the criminal sexual conduct to law
enforcement, and that the victim may incur expenses for treatment of injuries;

(2) the victim's rights if the crime is reported to law enforcement, including the victim's
right to apply for reparations under sections 611A.51 to 611A.68, information on how to
apply for reparations, and information on how to obtain an order for protection or a
harassment restraining order; and

(3) the opportunity under section 611A.27 to obtain status information about an
unrestricted sexual assault examination kit, as defined in section 299C.106, subdivision 1,
paragraph (h).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to any
examination that occurs on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision to
read:


new text begin Subd. 6a. new text end

new text begin Publicly searchable database. new text end

new text begin (a) The commission shall maintain a public
website with a searchable database that provides the public with information on criminal
sentences stayed or imposed by the courts. The website must not include information that
is not public data, as defined in section 13.02, subdivision 8a.
new text end

new text begin (b) The website required under paragraph (a) must contain all the information transmitted
from the sentencing court to the commission including information in the sentencing
worksheet transmitted pursuant to section 609.115, subdivision 2a, and the sentencing order
and departure report, if any, sent pursuant to Rules of Criminal Procedure, rule 27.03. Data
received by the commission must be entered into separate fields in the database.
new text end

new text begin (c) The searchable database must allow a user of the website to:
new text end

new text begin (1) search by individual fields, including but not limited to:
new text end

new text begin (i) case number;
new text end

new text begin (ii) defendant name;
new text end

new text begin (iii) date of offense;
new text end

new text begin (iv) judicial district where the sentence was stayed or imposed;
new text end

new text begin (v) county where the sentence was stayed or imposed;
new text end

new text begin (vi) year in which the sentence was stayed or imposed;
new text end

new text begin (vii) judge who stayed or imposed the sentence;
new text end

new text begin (viii) crime for which the sentence was stayed or imposed;
new text end

new text begin (ix) defendant's criminal history score;
new text end

new text begin (x) severity level of the offense for which a sentence was stayed or imposed;
new text end

new text begin (xi) executed sentences, including the length of sentence imposed and executed;
new text end

new text begin (xii) stayed sentences, including the length of probation ordered and, if applicable, the
length of sentence imposed but not executed;
new text end

new text begin (xiii) whether the sentence was a departure from the Sentencing Guidelines and, if so,
whether it was an aggravated durational, aggravated dispositional, mitigated durational,
mitigated dispositional, or hybrid departure; and
new text end

new text begin (xiv) whether a departure from the Sentencing Guidelines was ordered with prosecutor
agreement;
new text end

new text begin (2) perform a search using at least two fields;
new text end

new text begin (3) sort by each field;
new text end

new text begin (4) obtain information grouped or aggregated by each field, where groups or subtotals
are feasible; and
new text end

new text begin (5) allow the user to download the data into a user-controlled database.
new text end

Sec. 11.

Minnesota Statutes 2020, 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.new text begin The commission shall allow members of the public
to monitor each meeting electronically from a remote location and to comment from that
location during the public comment period of each meeting. The commission shall make a
visual and audio recording of each meeting and make the recordings available to the public
on the commission's website or through a link posted on the website.
new text end 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 15 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 15 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 the day following final enactment.
new text end

Sec. 12.

Minnesota Statutes 2020, section 244.09, is amended by adding a subdivision to
read:


new text begin Subd. 15. new text end

new text begin Report on dismissals with agreement of the prosecutor. new text end

new text begin The Sentencing
Guidelines Commission shall include in its annual report to the legislature a summary and
analysis of reports received from county attorneys under section 388.052.
new text end

Sec. 13.

Minnesota Statutes 2020, section 299A.41, subdivision 3, is amended to read:


Subd. 3.

Killed in the line of duty.

new text begin(a) new text end"Killed in the line of duty" does not include
deaths from natural causes, except as provided in this subdivision. In the case of a public
safety officer, killed in the line of duty includes the death of a public safety officer caused
by accidental means while the public safety officer is acting in the course and scope of
duties as a public safety officer.

new text begin (b)new text end Killed in the line of duty also means if a public safety officer dies as the direct and
proximate result of a heart attack, stroke, or vascular rupture, that officer shall be presumed
to have died as the direct and proximate result of a personal injury sustained in the line of
duty if:

(1) that officer, while on duty:

(i) engaged in a situation, and that engagement involved nonroutine stressful or strenuous
physical law enforcement, fire suppression, rescue, hazardous material response, emergency
medical services, prison security, disaster relief, or other emergency response activity; or

(ii) participated in a training exercise, and that participation involved nonroutine stressful
or strenuous physical activity;

(2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:

(i) while engaging or participating under clause (1);

(ii) while still on duty after engaging or participating under clause (1); or

(iii) not later than 24 hours after engaging or participating under clause (1); and

(3) the presumption is not overcome by competent medical evidence to the contrary.

new text begin (c) Killed in the line of duty also means if a public safety officer dies as a result of suicide
when:
new text end

new text begin (1) a licensed mental health provider previously diagnosed the officer with post-traumatic
stress disorder; and
new text end

new text begin (2) the officer's mental health provider determined the post-traumatic stress disorder
resulted from the officer's work as a public safety officer.
new text end

new text begin As used in this paragraph, "public safety officer" includes only the individuals described
in subdivision 4, clauses (1), (2), (3), (4), (6), (8), and (9).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2017.
new text end

Sec. 14.

Minnesota Statutes 2020, section 299A.41, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Post-traumatic stress disorder. new text end

new text begin "Post-traumatic stress disorder" means the
condition as described in the most recently published edition of the Diagnostic and Statistical
Manual of Mental Disorders by the American Psychiatric Association.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2017.
new text end

Sec. 15.

Minnesota Statutes 2020, section 299A.41, subdivision 4, is amended to read:


Subd. 4.

Public safety officer.

new text beginExcept as provided in subdivision 3, paragraph (c),
new text end "public safety officer" includes:

(1) a peace officer defined in section 626.84, subdivision 1, paragraph (c) or (d);

(2) a correction officer employed at a correctional facility and charged with maintaining
the safety, security, discipline, and custody of inmates at the facility;

(3) an individual employed on a full-time basis by the state or by a fire department of a
governmental subdivision of the state, who is engaged in any of the following duties:

(i) firefighting;

(ii) emergency motor vehicle operation;

(iii) investigation into the cause and origin of fires;

(iv) the provision of emergency medical services; or

(v) hazardous material responder;

(4) a legally enrolled member of a volunteer fire department or member of an independent
nonprofit firefighting corporation who is engaged in the hazards of firefighting;

(5) a good samaritan while complying with the request or direction of a public safety
officer to assist the officer;

(6) a reserve police officer or a reserve deputy sheriff while acting under the supervision
and authority of a political subdivision;

(7) a driver or attendant with a licensed basic or advanced life-support transportation
service who is engaged in providing emergency care;

(8) a first responder who is certified by the emergency medical services regulatory board
to perform basic emergency skills before the arrival of a licensed ambulance service and
who is a member of an organized service recognized by a local political subdivision to
respond to medical emergencies to provide initial medical care before the arrival of an
ambulance; and

(9) a person, other than a state trooper, employed by the commissioner of public safety
and assigned to the State Patrol, whose primary employment duty is either Capitol security
or the enforcement of commercial motor vehicle laws and regulations.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2017.
new text end

Sec. 16.

new text begin [299A.88] PORTABLE RECORDING SYSTEMS.
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 shall award grants to local
law enforcement agencies for the purchase, maintenance, support, and storage of portable
recording systems and portable recording system data. An applicant must provide a 25
percent match to be eligible to receive a grant. The commissioner shall give priority to law
enforcement agencies located outside of the seven-county metropolitan area that do not
have a portable recording system program. Grants under this section apply only to contracts
for portable recording systems and portable recording system data with a duration of five
years or less.
new text end

new text begin Subd. 2. new text end

new text begin Reporting. new text end

new text begin By February 15 of each odd-numbered year, the commissioner
shall report to the chairs and ranking minority members of the legislative committees with
jurisdiction over public safety policy and finance on the grants made pursuant to this section.
At a minimum, the report must specify the agencies receiving grants and how they used the
money, including whether it was used for new purchases or replacements; the number of
providers used to provide or support the systems, the length of the contracts for this, and
whether the contracts included other items; and what features were included with the systems.
new text end

Sec. 17.

Minnesota Statutes 2021 Supplement, section 357.021, subdivision 1a, is amended
to read:


Subd. 1a.

Transmittal of fees to commissioner of management and budget.

(a) Every
person, including the state of Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the court administrator of said court
the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of management and budget
for deposit in the state treasury and credit to the general fund. deleted text begin$30deleted text endnew text begin $60new text end of each fee collected
in a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner
of management and budget in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the Minnesota Family
Resiliency Partnership under section 116L.96.

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

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

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

(2) civil commitment under chapter 253B;

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

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

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

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

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

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

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

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

(e) No fee is required under this section from any federally recognized Indian Tribe or
its representative in an action for:

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

(2) civil commitment under chapter 253B;

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

(4) court relief under chapters 260, 260A, 260B, 260C, and 260D.

Sec. 18.

Minnesota Statutes 2020, 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 $285, except in marriage dissolution actions the fee is $315.

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 $285, except in
marriage dissolution actions the fee is $315. This subdivision does not apply to the filing
of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.

The party requesting a trial by jury shall pay $100.

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, $14deleted text begin, and $8
for an uncertified copy
deleted text end.

(3) Issuing a subpoena, $16 for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, $75.

(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, $55.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.

(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, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.

(10) For the filing of each partial, final, or annual account in all trusteeships, $55.

(11) For the deposit of a will, $27.

(12) For recording notary commission, $20.

(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.

(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 No fee may be charged for an uncertified copy of an instrument
from a civil or criminal proceeding.
new text end

Sec. 19.

new text begin [388.052] REPORT ON CRIMINAL CHARGES AND CASES DISMISSED.
new text end

new text begin (a) In each case where the defendant is charged with a felony, a county attorney who
dismisses any part of a criminal action pursuant to Rules of Criminal Procedure, rule 30.01,
shall record the following information in writing:
new text end

new text begin (1) the name of the defendant;
new text end

new text begin (2) the date of the offense;
new text end

new text begin (3) all crimes charged;
new text end

new text begin (4) any charges that were dismissed;
new text end

new text begin (5) the name of the assistant county attorney who authorized the dismissal;
new text end

new text begin (6) the date of dismissal; and
new text end

new text begin (7) any reason for the dismissal, including dismissals due to diversion, suppression or
loss of evidence, lack of cooperation of a victim or witness, a plea agreement on a single
felony complaint with multiple felony counts, or a plea agreement involving more than one
separately charged felony complaint.
new text end

new text begin The county attorney may not record any information under this paragraph that indicates the
cooperation of a defendant as a reason for a dismissal.
new text end

new text begin (b) The county attorney shall forward the information recorded under paragraph (a) to
the Sentencing Guidelines Commission upon forms prescribed by the commission and must
publish the information on the county attorney's publicly accessible website. Information
forwarded to the Sentencing Guidelines Commission and posted on the county attorney's
website must not include the identifying information of any victim.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to dismissals
that take place on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2020, section 517.08, subdivision 1c, is amended to read:


Subd. 1c.

Disposition of license fee.

(a) Of the civil marriage license fee collected
pursuant to subdivision 1b, paragraph (a), $25 must be retained by the county. The local
registrar must pay $90 to the commissioner of management and budget to be deposited as
follows:

(1) deleted text begin$55deleted text endnew text begin $25new text end in the general fund;

(2) $3 in the state government special revenue fund to be appropriated to the
commissioner of public safety for parenting time centers under section 119A.37;

(3) $2 in the special revenue fund to be appropriated to the commissioner of health for
developing and implementing the MN ENABL program under section 145.9255;

(4) deleted text begin$25deleted text endnew text begin $55new text end in the special revenue fund is appropriated to the commissioner of
employment and economic development for the Minnesota Family Resiliency Partnership
under section 116L.96; and

(5) $5 in the special revenue fund, which is appropriated to the Board of Regents of the
University of Minnesota for the Minnesota couples on the brink project under section 137.32.

(b) Of the $40 fee under subdivision 1b, paragraph (b), $25 must be retained by the
county. The local registrar must pay $15 to the commissioner of management and budget
to be deposited as follows:

(1) $5 as provided in paragraph (a), clauses (2) and (3); and

(2) $10 in the special revenue fund is appropriated to the commissioner of employment
and economic development for the Minnesota Family Resiliency Partnership under section
116L.96.

Sec. 21.

Minnesota Statutes 2020, section 609.35, is amended to read:


609.35 COSTS OF MEDICAL EXAMINATION.

(a) Costs incurred by a deleted text begincounty, city, or privatedeleted text end hospital or other emergency medical
facility or by a deleted text beginprivatedeleted text end physician new text beginor other licensed health care provider new text endfor the examination
of a victim of criminal sexual conduct when the examination is performed for the purpose
of gathering evidence shall be paid by the deleted text begincounty in which the criminal sexual conduct
occurred
deleted text endnew text begin statenew text end. These costs include, but are not limited to, new text beginthe new text endfull cost of the rape kit
examinationdeleted text begin,deleted text endnew text begin; anynew text end associated tests new text beginand treatment new text endrelating to deleted text beginthe complainant'sdeleted text endnew text begin anew text end sexually
transmitted deleted text begindisease status,deleted text endnew text begin infection;new text end and new text beginany associated tests relating to the victim's
new text end pregnancy status.new text begin A hospital, emergency medical facility, or health care provider shall
submit the costs for the examination and any associated tests and necessary treatment to
the Office of Justice Programs for payment. Upon receipt of the costs, the office shall provide
payment to the facility or health care provider.
new text end

(b) Nothing in this section shall be construed to limit the duties, responsibilities, or
liabilities of any insurer, whether public or private. However, deleted text begina countydeleted text endnew text begin the statenew text end may seek
insurance reimbursement from the victim's insurer only if authorized by the victim. This
authorization may only be sought after the examination is performed. When seeking this
authorization, the deleted text begincountydeleted text endnew text begin statenew text end shall inform the victim that if the victim does not authorize
this, the deleted text begincountydeleted text endnew text begin statenew text end is required by law to pay for the examination and that the victim is in
no way liable for these costs or obligated to authorize the reimbursement.

(c) The applicability of this section does not depend upon whether the victim reports
the offense to law enforcement or the existence or status of any investigation or prosecution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022, and applies to any
examination that occurs on or after that date.
new text end

Sec. 22.

new text begin [626.8415] PEACE OFFICER BONUS PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Program established. new text end

new text begin The commissioner of public safety, in consultation
with the executive director of the Peace Officer Standards and Training Board, may issue
bonus payments to peace officers employed by state or local law enforcement agencies as
provided under this section. To be eligible for a bonus payment, the peace officer must have
been nominated by the chief law enforcement officer of the agency employing the peace
officer. The commissioner, in consultation with the executive director, shall develop
nomination forms and guidelines for bonus payment eligibility. The guidelines must describe
the process and criteria by which payments are to be awarded. Final decisions on the actual
awarding and amount of individual bonuses are at the discretion of the commissioner, in
consultation with the executive director, and are limited to funds appropriated for this
purpose.
new text end

new text begin Subd. 2. new text end

new text begin Types of bonuses. new text end

new text begin The commissioner, in consultation with the executive
director, may accept nominations and award bonuses for exemplary service that goes above
and beyond the call of duty, including but not limited to acts of heroism or valor. In addition,
the commissioner, in consultation with the executive director, may award bonuses for
recognition of meritorious service in which the recipient peace officer has served for a
minimum of five years without having any adverse disciplinary actions taken against the
peace officer. An individual bonus payment may not exceed $10,000.
new text end

new text begin Subd. 3. new text end

new text begin Report required. new text end

new text begin By January 15 of each year, the commissioner shall report
to the chairs and ranking minority members of the legislative committees having jurisdiction
over criminal justice policy and finance on the bonus program. At a minimum, the report
must provide detailed information on the bonuses awarded under this section, including the
amount of each bonus, the agency employing the recipient, and general information on the
reasons for the bonus.
new text end

Sec. 23. new text beginEXCEPTION TO TOLLING PERIOD.
new text end

new text begin Notwithstanding Minnesota Statutes, section 299A.47, a claim for benefits may be made
from the public safety officer's death benefit account by or on behalf of a survivor of a
public safety officer who died by suicide between January 1, 2017, and June 30, 2022,
within two years of the effective date of this act if the officer is considered killed in the line
of duty under the changes made in sections 13 to 15.
new text end

ARTICLE 2

CRIMINAL LAW AND SENTENCING CHANGES

Section 1.

Minnesota Statutes 2020, section 13A.02, subdivision 1, is amended to read:


Subdivision 1.

Access by government.

Except as authorized by this chapter, no
government authority may have access to, or obtain copies of, or the information contained
in, the financial records of any customer from a financial institution unless the financial
records are reasonably described and:

(1) the customer has authorized the disclosure;

(2) the financial records are disclosed in response to a search warrant;

(3) the financial records are disclosed in response to a judicial or administrative subpoena;

(4) the financial records are disclosed to law enforcement, a lead investigative agency
as defined in section 626.5572, subdivision 13, or prosecuting authority that is investigating
financial exploitation of a vulnerable adult in response to a judicial subpoena or
administrative subpoena under section 388.23; or

(5) the financial records are disclosed pursuant to sectionnew text begin 609.527 ornew text end 609.535 or other
statute or rule.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, section 13A.02, subdivision 2, is amended to read:


Subd. 2.

Release prohibited.

No financial institution, or officer, employee, or agent of
a financial institution, may provide to any government authority access to, or copies of, or
the information contained in, the financial records of any customer except in accordance
with the provisions of this chapter.

Nothing in this chapter shall require a financial institution to inquire or determine that
those seeking disclosure have duly complied with the requirements of this chapter, provided
only that the customer authorization, search warrant, subpoena, or written certification
pursuant to sectionnew text begin 609.527, subdivision 8;new text end 609.535, subdivision 6; 626.557; or other statute
or rule, served on or delivered to a financial institution shows compliance on its face.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, section 169A.44, is amended to read:


169A.44 CONDITIONAL RELEASE.

Subdivision 1.

Nonfelony violations.

(a) This subdivision applies to a person charged
with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances
described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).

(b)new text begin Except as provided in subdivision 3,new text end unless maximum bail is imposed under section
629.471, a person described in paragraph (a) may be released from detention only if the
person agrees to:

(1) abstain from alcohol; and

(2) submit to a program of electronic alcohol monitoring, involving at least daily
measurements of the person's alcohol concentration, pending resolution of the charge.

Clause (2) applies only when electronic alcohol-monitoring equipment is available to
the court. The court shall require partial or total reimbursement from the person for the cost
of the electronic alcohol-monitoring, to the extent the person is able to pay.

Subd. 2.

Felony violations.

(a)new text begin Except as provided in subdivision 3,new text end a person charged
with violating section 169A.20 within ten years of the first of three or more qualified prior
impaired driving incidents may be released from detention only if the following conditions
are imposed:

(1) the conditions described in subdivision 1, paragraph (b), if applicable;

(2) the impoundment of the registration plates of the vehicle used to commit the violation,
unless already impounded;

(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a
motorboat, the impoundment of the off-road recreational vehicle or motorboat;

(4) a requirement that the person report weekly to a probation agent;

(5) a requirement that the person abstain from consumption of alcohol and controlled
substances and submit to random alcohol tests or urine analyses at least weekly;

(6) a requirement that, if convicted, the person reimburse the court or county for the
total cost of these services; and

(7) any other conditions of release ordered by the court.

(b) In addition to setting forth conditions of release under paragraph (a), if required by
court rule, the court shall also fix the amount of money bail without other conditions upon
which the defendant may obtain release.

new text begin Subd. 3. new text end

new text begin Exception; ignition interlock program. new text end

new text begin A court is not required, either when
initially reviewing a person's release or when modifying the terms of the person's release,
to order a person charged with violating section 169A.24 (first-degree driving while
impaired), 169A.25 (second-degree driving while impaired), or 169A.26 (third-degree
driving while impaired) to submit to a program of electronic alcohol monitoring under
subdivision 1 or 2 if the person becomes a program participant in the ignition interlock
program under section 171.306. A judicial officer, county agency, or probation office may
not require or suggest that the person use a particular ignition interlock vendor when
complying with this subdivision but may provide the person with a list of all Minnesota
vendors of certified devices.
new text end

Sec. 4.

Minnesota Statutes 2020, section 171.174, is amended to read:


171.174 REVOCATION; FLEEING PEACE OFFICER OFFENSE.

The commissioner of public safety shall revoke the license of a person upon receipt of
a certificate of conviction showing that the person has in a motor vehicle violated section
609.487, subdivision 3new text begin, 3a,new text end or 4, or an ordinance in conformity with those subdivisions. The
commissioner shall revoke the license as follows:

(1) for the first offense under section 609.487, subdivision 3, for not less than one year;

(2) for the second offense or subsequent offenses under section 609.487, subdivision 3,
for not less than three years;

(3)new text begin for an offense under section 609.487, subdivision 3a, for not less than four years;
new text end

new text begin (4) new text endfor an offense under section 609.487, subdivision 4, clause (a), for not less than ten
years;

deleted text begin (4)deleted text endnew text begin (5)new text end for an offense under section 609.487, subdivision 4, clause (b), for not less than
seven years; and

deleted text begin (5)deleted text endnew text begin (6)new text end for an offense under section 609.487, subdivision 4, clause (c), for not less than
five years.

A limited license under section 171.30 may not be issued for one-half of the revocation
period specified in clauses (1) to deleted text begin(5)deleted text endnew text begin (6)new text end and after that period is over only upon and as
recommended by the adjudicating court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 171.306, is amended by adding a subdivision to
read:


new text begin Subd. 9. new text end

new text begin Choice of vendor. new text end

new text begin A judicial officer, county agency, or probation office may
not require or suggest that a person participating in the ignition interlock device program
under this section use a particular ignition interlock vendor but may provide the person with
a list of all Minnesota vendors of certified devices.
new text end

Sec. 6.

Minnesota Statutes 2020, section 244.01, subdivision 8, is amended to read:


Subd. 8.

Term of imprisonment.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 244.05, subdivision 4, is amended to read:


Subd. 4.

Minimum imprisonment, life sentence.

(a) An inmate serving a mandatory
life sentence under section 609.106 or 609.3455, subdivision 2, must not be given supervised
release under this section.

(b) An inmate serving a mandatory life sentence under section 609.185, paragraph (a),
clause (3), (5), or (6); new text beginor 609.2661, clause (3); new text endor Minnesota Statutes 2004, section 609.109,
subdivision 3
, must not be given supervised release under this section without having served
a minimum term of 30 years.

(c) 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.

(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision 3
or 4, 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 begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, 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 609.185, paragraph (a), clause (3), (5), or (6);
new text begin 609.2661, clause (3); new text end609.3455, subdivision 3 or 4; new text beginor new text end609.385; or Minnesota Statutes 2004,
section 609.109, subdivision 3, 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) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, 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. The commissioner may
not give supervised release to the inmate unless:

(1) while in prison:

(i) the inmate has successfully completed appropriate sex offender treatment;

(ii) the inmate has been assessed for chemical dependency needs and, if appropriate, has
successfully completed chemical dependency treatment; and

(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and

(2) 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. The comprehensive plan also must include a postprison
employment or education plan for the inmate.

(e) 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, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2020, section 244.09, subdivision 2, is amended to read:


Subd. 2.

Members.

The Sentencing Guidelines Commission shall consist of the
following:

(1) the chief justice of the supreme court or a designee;

(2) one judge of the court of appeals, appointed by the chief justice of the supreme court;

(3) one district court judge appointed by the chief justice of the supreme court;

(4) one public defender appointed by the governor upon recommendation of the state
public defender;

(5) one county attorney appointed by the governor upon recommendation of the board
of directors of the Minnesota County Attorneys Association;

(6) the commissioner of corrections or a designee;

(7) one peace officer as defined in section 626.84 appointed by the governor;

(8) one probation officer or parole officer appointed by the governor; and

(9) three public members appointed by the governor, one of whom shall be a victim of
a crime defined as a felony.

When an appointing authority selects individuals for membership on the commission,
the authority shall make reasonable efforts to appoint qualified members of protected groups,
as defined in section 43A.02, subdivision 33.

One of the members shall be designated by the governor as chair of the commission.

new text begin The appointments of members described in clauses (4), (5), (7), (8), and (9) are to be
made with the advice and consent of the senate. Section 15.066 applies to these appointments.
new text end

Sec. 10.

Minnesota Statutes 2020, section 244.101, subdivision 1, is amended to read:


Subdivision 1.

Executed sentences.

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2020, section 244.14, subdivision 3, is amended to read:


Subd. 3.

Sanctions.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2020, section 244.171, subdivision 4, is amended to read:


Subd. 4.

Sanctions.

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2020, section 609.035, subdivision 1, is amended to read:


Subdivision 1.

Conduct; multiple crimes; chargeable for one offense.

Except as
provided in subdivisions 2, 3, 4, deleted text beginanddeleted text end 5,new text begin 6, and 7,new text end and in sections 609.2114, subdivision 3,
609.251, 609.2691, 609.486, 609.494, 609.585, and 609.856, and Minnesota Statutes 2012,
section 609.21, subdivision 1b, if a person's conduct constitutes more than one offense under
the laws of this state, the person may be punished for only one of the offenses and a
conviction or acquittal of any one of them is a bar to prosecution for any other of them. All
the offenses, if prosecuted, shall be included in one prosecution which shall be stated in
separate counts.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2020, section 609.035, is amended by adding a subdivision
to read:


new text begin Subd. 7. new text end

new text begin Exception; certain theft offenses. new text end

new text begin Notwithstanding section 609.04, a
prosecution or conviction for violating section 609.52, subdivision 3a, paragraph (b), 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 EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2020, section 609.106, subdivision 2, is amended to read:


Subd. 2.

Life without release.

The court shall sentence a person to life imprisonment
without possibility of release under the following circumstances:

(1) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (1), (2), (4), or (7);

(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, paragraph (a), clause (3); deleted text beginor
deleted text end

(3) the person is convicted of first-degree murder under section 609.185, paragraph (a),
clause (3), (5), or (6), new text beginor 609.2661, clause (3), new text endand the court determines on the record at the
time of sentencing that the person has one or more previous convictions for a heinous crimenew text begin;
or
new text end

new text begin (4) the person is convicted of first-degree murder of an unborn child under section
609.2661, clause (1) or (2)
new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2020, section 609.1095, subdivision 2, is amended to read:


Subd. 2.

Increased sentences for dangerous offender who commits third violent
crime.

Whenever a person is convicted of a violent crime that is a felonydeleted text begin,deleted text end and the deleted text beginjudgedeleted text endnew text begin
presumption under the Sentencing Guidelines
new text end is deleted text beginimposingdeleted text end an executed sentence deleted text beginbased on
a Sentencing Guidelines presumptive imprisonment sentence
deleted text endnew text begin of imprisonmentnew text end, the judge
deleted text begin maydeleted text endnew text begin shallnew text end imposenew text begin and execute a prison sentence withnew text end an aggravated durational departure
from the presumptive imprisonment sentence up to the statutory maximum sentence ifnew text begin:
new text end

new text begin (1)new text end the offender was at least 18 years old at the time the felony was committeddeleted text begin, and:deleted text endnew text begin;
new text end

deleted text begin (1)deleted text endnew text begin (2)new text end the court determines on the record at the time of sentencing that the offender has
two or more prior convictions for violent crimes; and

deleted text begin (2)deleted text endnew text begin (3)new text end the fact finder determines that the offender is a danger to public safety. The fact
finder may base its determination that the offender is a danger to public safety on the
following factors:

(i) the offender's past criminal behavior, such as the offender's high frequency rate of
criminal activity or juvenile adjudications, or long involvement in criminal activity including
juvenile adjudications; or

(ii) the fact that the present offense of conviction involved an aggravating factor that
would justify a durational departure under the Sentencing Guidelines.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2020, section 609.1095, subdivision 3, is amended to read:


Subd. 3.

Mandatory sentence for dangerous offender who commits third violent
felony.

(a) Unless a longer mandatory minimum sentence is otherwise required by law or
the court imposesnew text begin and executesnew text end a longer aggravated durational departure under subdivision
2new text begin or 4new text end, a person who is convicted of a violent crime that is a felony deleted text beginmustdeleted text endnew text begin shallnew text end be committed
to the commissioner of corrections for a mandatory sentence of at least the length of the
presumptive sentence under the Sentencing Guidelines if the court determines on the record
at the time of sentencing that the person has two or more prior felony convictions for violent
crimes. The court shall impose and execute the prison sentence regardless of whether the
guidelines presume an executed prison sentence.

deleted text begin Any person convicted and sentenced as required by this subdivision is not eligible for
probation, parole, discharge, or work release, until that person has served the full term of
imprisonment imposed by the court, notwithstanding sections 241.26, 242.19, 243.05,
244.04, 609.12, and 609.135.
deleted text end

(b) For purposes of this subdivision, "violent crime" does not include a violation of
section 152.023 or 152.024.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2020, section 609.1095, subdivision 4, is amended to read:


Subd. 4.

Increased sentence for offender who commits sixth felony.

Whenever a
person is convicted of a felonydeleted text begin,deleted text end and the deleted text beginjudgedeleted text endnew text begin presumption under the Sentencing Guidelinesnew text end
is deleted text beginimposingdeleted text end an executed sentence deleted text beginbased on a Sentencing Guidelines presumptive
imprisonment sentence
deleted text endnew text begin of imprisonmentnew text end, the judge deleted text beginmaydeleted text endnew text begin shallnew text end imposenew text begin and execute a prison
sentence with
new text end an aggravated durational departure from the presumptive sentence up to the
statutory maximum sentence if the deleted text beginfactfinderdeleted text endnew text begin fact findernew text end determines that the offender has
five or more prior felony convictions and that the present offense is a felony that was
committed as part of a pattern of criminal conduct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2020, section 609.1095, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Consecutive sentences; release. new text end

new text begin (a) Any person convicted and sentenced as
required by this section must serve any imposed sentences consecutively to any unexpired
portion of a previously imposed sentence unless the total time to serve in prison would be
longer if a concurrent sentence were imposed.
new text end

new text begin (b) Notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135, any
person convicted and sentenced as required by this section is not eligible for probation,
parole, discharge, or work release until that person has served the full term of imprisonment
imposed by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2020, section 609.11, subdivision 8, is amended to read:


Subd. 8.

Motion by prosecutornew text begin; dangerous weapons casesnew text end.

(a) Except as otherwise
provided in deleted text beginparagraphsdeleted text end new text beginparagraph new text end(b) deleted text beginand (c)deleted text end, prior to the time of sentencing, the prosecutor
may file a motion to have the defendant sentenced without regard to the mandatory minimum
deleted text begin sentencesdeleted text end new text beginsentence new text endestablished deleted text beginby this sectiondeleted text endnew text begin in subdivision 4new text end. The motion shall 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 defendant without regard to the
mandatory minimum deleted text beginsentencesdeleted text end new text beginsentence new text endestablished deleted text beginby this sectiondeleted text end new text beginin subdivision 4 new text endif the
court finds substantial and compelling reasons to do so. A sentence imposed under this
subdivision is a departure from the Sentencing Guidelines.

(b) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
without regard to the mandatory minimum deleted text beginsentencesdeleted text end new text beginsentence new text endestablished deleted text beginby this sectiondeleted text end
new text begin in subdivision 4 new text endif the defendant previously has been convicted of an offense listed in
subdivision 9 in which the defendant used or possessed a firearm or other dangerous weapon.

deleted text begin (c) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
without regard to the mandatory minimum sentences established by subdivision 5, if the
defendant was convicted of a crime under section 152.021, subdivision 1, or 152.022,
subdivision 1
, and the person or an accomplice possessed on their person or within immediate
reach, or used, whether by brandishing, displaying, threatening with, or otherwise employing,
a firearm.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2020, section 609.11, is amended by adding a subdivision to
read:


new text begin Subd. 8a. new text end

new text begin Motion by prosecutor; firearms cases. new text end

new text begin (a) Except as otherwise provided in
paragraphs (c) and (d), prior to the time of sentencing, the prosecutor may file a motion to
have the defendant sentenced without regard to the mandatory minimum sentence established
in subdivision 5 for a case in which the basis for the mandatory sentence is that the
defendant's accomplice had a firearm in possession at the time of the offense. The motion
may be made only if the defendant was unaware that the accomplice possessed the firearm.
No motion to sentence a defendant without regard to the mandatory sentence applicable in
subdivision 5 may be made or granted for any other reason or in any other situation.
new text end

new text begin (b) The motion under paragraph (a) shall be accompanied by a statement on the record
of the reasons for the motion. When presented with the motion, or on its own motion, the
court may sentence the defendant without regard to the mandatory minimum sentence
established in subdivision 5 if the court finds that the criteria in paragraph (a) have been
met and there are substantial and compelling reasons to do so. A sentence imposed under
this subdivision is a departure from the Sentencing Guidelines.
new text end

new text begin (c) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
described in paragraph (a) without regard to the mandatory minimum sentence established
in subdivision 5 if the defendant previously had been convicted of an offense listed in
subdivision 9 in which the defendant used or possessed a firearm or other dangerous weapon.
new text end

new text begin (d) The court may not, on its own motion or the prosecutor's motion, sentence a defendant
described in paragraph (a) without regard to the mandatory minimum sentence established
by subdivision 5 if the defendant was convicted of a crime under section 152.021, subdivision
1, or 152.022, subdivision 1, and the person or an accomplice possessed on their person or
within immediate reach, or used, whether by brandishing, displaying, threatening with, or
otherwise employing, a firearm.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2020, section 609.115, subdivision 2a, is amended to read:


Subd. 2a.

Sentencing worksheet; sentencing guidelines commission.

If the defendant
has been convicted of a felony, including a felony for which a mandatory life sentence is
required by law, the court shall cause a sentencing worksheet as provided in subdivision 1
to be completed and forwarded to the Sentencing Guidelines Commission.

For the purpose of this section, "mandatory life sentence" means a sentence under section
609.106, subdivision 2; 609.185; new text begin609.2661; new text end609.3455; new text beginor new text end609.385, subdivision 2; or
Minnesota Statutes 2004, section 609.109, subdivision 3, and governed by section 244.05.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 23.

Minnesota Statutes 2021 Supplement, section 609.135, subdivision 2, is amended
to read:


Subd. 2.

Stay of sentence maximum periods.

(a) If the conviction is for a felony other
than section 609.2113, subdivision 1 or 2, 609.2114, subdivision 2, or section 609.3451,
subdivision 1
or 1a, or Minnesota Statutes 2012, section 609.21, subdivision 1a, paragraph
(b) or (c), the stay shall be for not more than four years or the maximum period for which
the sentence of imprisonment might have been imposed, whichever is longer.

(b) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113,
subdivision 3
, or 609.3451, or for a felony described in section 609.2113, subdivision 1 or
2, 609.2114, subdivision 2, or 609.3451, subdivision 1 or 1a, the stay shall be for not more
than six years. The court shall provide for unsupervised probation for the last year of the
stay unless the court finds that the defendant needs supervised probation for all or part of
the last year.

(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the stay
shall be for not more than two years.

(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision
1
; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision
1
, in which the victim of the crime was a family or household member as defined in section
518B.01, the stay shall be for not more than two years. The court shall provide for
unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.

(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay shall
be for not more than one year.

(f) The defendant shall be discharged six months after the term of the stay expires, unless
the stay has been revoked or extended under paragraph (g), or the defendant has already
been discharged.

(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin (i) Notwithstanding any law or provision of the Sentencing Guidelines to the contrary,
when ordering a stay of imposition or execution of sentence for a felony offense described
in this paragraph, the maximum length of the stay and the process for pronouncing it are
governed exclusively by this section. This paragraph applies to violations of the following:
sections 152.021 (controlled substance crime in the first degree); 152.022 (controlled
substance crime in the second degree); 152.023, subdivision 1 (controlled substance crime
in the third degree, sales); 152.024, subdivision 1 (controlled substance crime in the fourth
degree, sales); 152.0261 (importing controlled substances across state borders); 152.0262
(possession of substances with intent to manufacture methamphetamine); 609.19 (murder
in the second degree); 609.195 (murder in the third degree); 609.20 (manslaughter in the
first degree); 609.205 (manslaughter in the second degree); 609.2112 (criminal vehicular
homicide); 609.221 (assault in the first degree); 609.222 (assault in the second degree);
609.229 (crimes committed for the benefit of a gang); 609.24 (simple robbery); 609.245
(aggravated robbery); 609.2456 (carjacking); 609.25 (kidnapping); 609.2662 (murder of an
unborn child in the second degree); 609.2663 (murder of an unborn child in the third degree);
609.2664 (manslaughter of an unborn child in the first degree); 609.268 (death or injury of
an unborn child in the commission of a crime); 609.322 (solicitation, inducement, and
promotion of prostitution; sex trafficking); 609.342 (criminal sexual conduct in the first
degree); 609.343 (criminal sexual conduct in the second degree); 609.344 (criminal sexual
conduct in the third degree); 609.345 (criminal sexual conduct in the fourth degree);
609.3451, subdivision 3 (felony criminal sexual conduct in the fifth degree); 609.377,
subdivision 6 (malicious punishment of a child, great bodily harm); 609.52 (involving theft
of a firearm and theft involving the theft of a controlled substance, an explosive, or an
incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree);
609.582, subdivision 1 or 2 (burglary in the first and second degrees); 609.66, subdivision
1e, paragraph (b) (drive-by shooting at or toward a person or occupied building); 609.71,
subdivision 1 (riot in the first degree); and 609.749, subdivisions 3, paragraph (b), 4,
paragraph (b), and 5, paragraph (a) (certain harassment crimes); and an attempt or conspiracy
to commit any of these offenses where the maximum penalty applicable for the attempt or
conspiracy is longer than five years imprisonment.
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 crimes committed on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2020, section 609.2231, subdivision 2, is amended to read:


Subd. 2.

Firefighters deleted text beginanddeleted text endnew text begin,new text end emergency medical personnelnew text begin, and other health care
professionals
new text end.

Whoever assaults deleted text beginany of the following personsdeleted text end and inflicts demonstrable
bodily harmnew text begin on or intentionally throws or otherwise transfers bodily fluids or feces at or
onto any of the following persons
new text end 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:

(1) a member of a municipal or volunteer fire department or emergency medical services
personnel unit in the performance of the member's duties; or

(2) a physician, nurse, or other personnew text begin, whilenew text end providing health care services deleted text beginin a hospital
emergency department
deleted text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 25.

Minnesota Statutes 2020, section 609.2231, subdivision 3, is amended to read:


Subd. 3.

Correctional employees; prosecuting attorneys; judges; probation
officers.

Whoever commits either of the following acts against deleted text beginandeleted text endnew text begin a correctionalnew text end employee
deleted text begin of a correctional facilitydeleted text end as defined in section deleted text begin241.021, subdivision 1, paragraph (f)deleted text endnew text begin 609.221,
subdivision 6
new text end, against a prosecuting attorney as defined in section 609.221, subdivision deleted text begin2deleted text enddeleted text begin,
paragraph (c), clause (4)
deleted text endnew text begin 6new text end, against a judge as defined in section 609.221, subdivision deleted text begin2deleted text enddeleted text begin,
paragraph (c), clause (5)
deleted text endnew text begin 6new text end, or against a probation officer or other qualified person employed
in supervising offenders 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:

(1) assaults the person and inflicts demonstrable bodily harm; or

(2) intentionally throws or otherwise transfers bodily fluids or feces at or onto the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 26.

Minnesota Statutes 2021 Supplement, section 609.2325, subdivision 1, is amended
to read:


Subdivision 1.

Crimes.

A caregiver who, with intent to produce physical or mental pain
or injury to a vulnerable adult,new text begin (1)new text end subjects a vulnerable adult to any aversive or deprivation
procedure, unreasonable confinement, or involuntary seclusion,new text begin or (2) intentionally
administers a controlled substance to a vulnerable adult without a valid prescription or
administers the controlled substance in a manner inconsistent with the terms of a valid
prescription,
new text end is guilty of criminal abuse and may be sentenced as provided in subdivision
3.

This subdivision does not apply to therapeutic conduct.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 27.

new text begin [609.2456] CARJACKING.
new text end

new text begin Subdivision 1. new text end

new text begin Crime described. new text end

new text begin A person who commits simple robbery as described
in section 609.24, or aggravated robbery as described in section 609.245, where the personal
property taken is a motor vehicle as defined in section 609.487, subdivision 2a, is guilty of
carjacking and may be punished as provided in subdivision 2.
new text end

new text begin Subd. 2. new text end

new text begin Penalties. new text end

new text begin (a) A person who violates subdivision 1 through the commission of
simple robbery as described in section 609.24 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.
new text end

new text begin (b) A person who violates subdivision 1 through the commission of aggravated robbery
as described in section 609.245, subdivision 2, may be sentenced to imprisonment for not
more than 20 years or to payment of a fine of not more than $35,000, or both.
new text end

new text begin (c) A person who violates subdivision 1 through the commission of aggravated robbery
as described in section 609.245, subdivision 1, may be sentenced to imprisonment for not
more than 25 years or to payment of a fine of not more than $40,000, or both.
new text end

new text begin Subd. 3. new text end

new text begin Mandatory minimum sentences. new text end

new text begin (a) A person convicted of carjacking shall
be committed to the custody of the commissioner of corrections for not less than:
new text end

new text begin (1) two years, nor more than 15 years, for a violation of subdivision 2, paragraph (a);
new text end

new text begin (2) four years, nor more than 20 years, for a violation of subdivision 2, paragraph (b);
or
new text end

new text begin (3) six years, nor more than 25 years, for a violation of subdivision 2, paragraph (c).
new text end

new text begin (b) Notwithstanding the provisions of sections 241.26, 242.19, 243.05, 244.04, 609.12,
and 609.135, a defendant 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 section
609.135, the court may not stay the imposition or execution of this sentence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 28.

Minnesota Statutes 2020, section 609.487, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Fleeing an officer; motor vehicle; culpable negligence. new text end

new text begin Whoever, by means
of a motor vehicle, flees or attempts to flee a peace officer who is acting in the lawful
discharge of an official duty, and the perpetrator knows or should reasonably know the same
to be a peace officer, and who in the course of fleeing operates the vehicle in a culpably
negligent manner whereby the perpetrator creates an unreasonable risk and consciously
takes chances of causing death or great bodily harm to another, is guilty of a felony and
may be sentenced to imprisonment for not more than four years or to payment of a fine of
not more than $8,000, or both.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 29.

Minnesota Statutes 2020, section 609.487, subdivision 5, is amended to read:


Subd. 5.

Revocation; fleeing peace officer offense.

When a person is convicted of
operating a motor vehicle in violation of subdivision 3new text begin, 3a,new text end or 4, or an ordinance in conformity
with those subdivisions, the court shall notify the commissioner of public safety and order
the commissioner to revoke the driver's license of the person.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 30.

Minnesota Statutes 2021 Supplement, section 609.5151, is amended to read:


609.5151 DISSEMINATION OF PERSONAL INFORMATION ABOUT deleted text beginLAW
ENFORCEMENT
deleted text endnew text begin CRIMINAL JUSTICE OFFICIALSnew text end PROHIBITED; PENALTY.

Subdivision 1.

Definitions.

As used in this section:

(1) new text begin"criminal justice official" includes a peace officer as defined in section 626.84,
subdivision 1; a prosecuting attorney as defined in section 609.221, subdivision 6; a judge
as defined in section 609.221, subdivision 6; a person employed as a public defender or a
criminal defense attorney; a correctional employee as defined in section 609.221, subdivision
6; and other persons employed by or in the same office as those officials;
new text end

new text begin (2) new text end"family or household member" has the meaning given in section 518B.01, subdivision
2;new text begin and
new text end

deleted text begin (2) "law enforcement official" means both peace officers as defined in section 626.84,
subdivision 1, and persons employed by a law enforcement agency; and
deleted text end

(3) "personal information" means a home address, directions to a home, or photographs
of a home.

Subd. 2.

Crime described.

(a) It is a misdemeanor for a person to knowingly and without
consent make publicly available, including but not limited to through the Internet, personal
information about a deleted text beginlaw enforcementdeleted text endnew text begin criminal justicenew text end official or an official's family or
household member, if:

(1) the dissemination poses an imminent and serious threat to the official's safety or the
safety of an official's family or household member; and

(2) the person making the information publicly available knows or reasonably should
know of the imminent and serious threat.

(b) A person is guilty of a gross misdemeanor if the person violates paragraph (a) and
a deleted text beginlaw enforcementdeleted text endnew text begin criminal justicenew text end official or an official's family or household member
suffers great bodily harm or death as a result of the violation.

(c) A person who is convicted of a second or subsequent violation of this section is guilty
of a gross misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 31.

Minnesota Statutes 2020, section 609.52, subdivision 3, is amended to read:


Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:

(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or

(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or

(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245;new text begin 609.522;new text end 609.53; 609.582,
subdivision 1
, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state,
the United States, or a foreign jurisdiction, in conformity with any of those sections, and
the person received a felony or gross misdemeanor sentence for the offense, or a sentence
that was stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or

(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), (13), and (19), the value of the money or property or services received by the defendant
in violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 32.

Minnesota Statutes 2020, section 609.52, subdivision 3a, is amended to read:


Subd. 3a.

Enhanced penalty.

new text begin(a) new text endIf a violation of this section creates a reasonably
foreseeable risk of bodily harm to another, the penalties described in subdivision 3 are
enhanced as follows:

(1) if the penalty is a misdemeanor or 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 $5,000, or both; and

(2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent
longer than for the underlying crime.

new text begin (b) Notwithstanding the maximum penalty otherwise provided in subdivision 3, a person
who violates subdivision 2 where the property stolen is a motor vehicle, and where the
person uses the vehicle in furtherance of a crime of violence within seven days of the theft,
is guilty of a felony and may be sentenced:
new text end

new text begin (1) to imprisonment for not more than 15 years or to payment of a fine of not more than
$30,000, or both, if the value of the stolen vehicle exceeds $5,000; and
new text end

new text begin (2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the stolen vehicle is $5,000 or less.
new text end

new text begin (c) For the purposes of paragraph (b), "crime of violence" means:
new text end

new text begin (1) felony convictions of the following offenses: sections 152.021 (controlled substance
crime in the first degree); 152.022 (controlled substance crime in the second degree); 152.023,
subdivision 1 (controlled substance crime in the third degree, sales crimes); 152.024,
subdivision 1 (controlled substance crimes in the fourth degree, sales crimes); 152.025,
subdivision 1 (controlled substance crimes in the fifth degree, sales crimes); 152.0261
(importing controlled substances across state borders); 152.0262 (possession of substances
with intent to manufacture methamphetamine); 152.027, subdivision 6, paragraph (b) (sale
of synthetic cannabinoid for remuneration); 152.096 (conspiracy to commit a violation of
chapter 152); 152.097 (simulated controlled substances); 152.136, subdivision 4 (illegal
activities relating to anhydrous ammonia); 152.137 (certain methamphetamine-related
crimes); 152.33, subdivision 1, 2, or 4 (certain violations related to medical cannabis);
609.165 (possession of firearm or ammunition by an ineligible person); 609.185 (murder
in the first degree); 609.19 (murder in the second degree); 609.195 (murder in the third
degree); 609.20 (manslaughter in the first degree); 609.205 (manslaughter in the second
degree); 609.2112 (criminal vehicular homicide); 609.2113 (criminal vehicular operation);
609.2114 (criminal vehicular operation, unborn child); 609.215 (aiding suicide and aiding
attempted suicide); 609.221 (assault in the first degree); 609.222 (assault in the second
degree); 609.223 (assault in the third degree); 609.2247 (domestic assault by strangulation);
609.228 (great bodily harm by distribution of drugs); 609.229 (crimes committed for the
benefit of a gang); 609.235 (use of drugs to injure or facilitate crime); 609.24 (simple
robbery); 609.245 (aggravated robbery); 609.2456 (carjacking); 609.25 (kidnapping);
609.255 (false imprisonment); 609.2661 (murder of an unborn child in the first degree);
609.2662 (murder of an unborn child in the second degree); 609.2663 (murder of an unborn
child in the third degree); 609.2664 (manslaughter of an unborn child in the first degree);
609.2665 (manslaughter of an unborn child in the second degree); 609.267 (assault of an
unborn child in the first degree); 609.2671 (assault of an unborn child in the second degree);
609.2672 (assault of an unborn child in the third degree); 609.282 (labor trafficking); 609.322
(solicitation, inducement, and promotion of prostitution; sex trafficking); 609.342 (criminal
sexual conduct in the first degree); 609.343 (criminal sexual conduct in the second degree);
609.344 (criminal sexual conduct in the third degree); 609.345 (criminal sexual conduct in
the fourth degree); 609.3453 (criminal sexual predatory conduct); 609.352 (solicitation of
children); 609.377 (malicious punishment of a child); 609.378 (neglect or endangerment
of a child); 609.486 (commission of crime while wearing or possessing a bullet-resistant
vest); 609.49 (failure to appear); 609.504 (disarming a peace officer); 609.52 (involving
theft of a firearm and theft involving the theft of a controlled substance, an explosive, or an
incendiary device); 609.561 (arson in the first degree); 609.562 (arson in the second degree);
609.582, subdivision 1 or 2 (burglary in the first and second degrees); 609.66, subdivision
1e (drive-by shooting); 609.67 (unlawfully owning, possessing, operating a machine gun
or short-barreled shotgun); 609.71 (riot); 609.713 (terroristic threats); and 609.855,
subdivision 5 (shooting at a public transit vehicle or facility);
new text end

new text begin (2) convictions regardless of the penalty level of the following offenses: sections 518B.01
(domestic abuse orders for protection); 609.2231 (assault in the fourth degree); 609.224
(assault in the fifth degree); 609.2242 (domestic assault); 609.3451 (criminal sexual conduct
in the fifth degree); 609.487 (fleeing a peace officer); 609.66 (dangerous weapons); 609.749
(harassment); 609.75 (domestic abuse no contact orders); and 624.713 (certain persons not
to possess firearms); and
new text end

new text begin (3) an attempt to commit any of these offenses described in clause (1) or (2).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 33.

new text begin [609.522] ORGANIZED RETAIL THEFT.
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 terms in this subdivision have
the meanings given.
new text end

new text begin (b) "Article surveillance system" means any electronic device or other security device
that is designed to detect or prevent the unauthorized removal of retail merchandise from
a retailer.
new text end

new text begin (c) "Retailer" means a person or entity that sells retail merchandise.
new text end

new text begin (d) "Retail merchandise" means all forms of tangible property, without limitation, held
out for sale by a retailer.
new text end

new text begin (e) "Value" means the retail market value at the time of the theft or, if the retail market
value cannot be ascertained, the cost of replacement of the property within a reasonable
time after the theft.
new text end

new text begin Subd. 2. new text end

new text begin Organized retail theft. new text end

new text begin (a) Whoever steals or fraudulently obtains retail
merchandise from a retailer commits organized retail theft and may be sentenced as provided
in subdivision 3 if the actor:
new text end

new text begin (1) resells or intends to resell the retail merchandise;
new text end

new text begin (2) advertises or displays any item of the retail merchandise for sale;
new text end

new text begin (3) returns any item of the retail merchandise to a retailer for anything of value; or
new text end

new text begin (4) steals retail merchandise within five years of a conviction under this section.
new text end

new text begin (b) Whoever receives, purchases, or possesses retail merchandise knowing or having
reason to know the retail merchandise was stolen from a retailer and with the intent to resell
that merchandise may be sentenced as provided in subdivision 3.
new text end

new text begin (c) Whoever possesses any device, gear, or instrument designed to assist in shoplifting
or defeating an electronic article surveillance system with intent to use the same to shoplift
and thereby commit theft may be sentenced pursuant to subdivision 3, clause (3).
new text end

new text begin Subd. 3. new text end

new text begin Sentence. new text end

new text begin Whoever commits organized retail theft may be sentenced as follows:
new text end

new text begin (1) to imprisonment for not more than 15 years or to payment of a fine of not more than
$35,000, or both, if the value of the property stolen exceeds $5,000;
new text end

new text begin (2) to imprisonment for not more than seven years or to payment of a fine of not more
than $14,000, or both, if either of the following circumstances exist:
new text end

new text begin (i) the value of the property stolen is more than $1,000 but not more than $5,000; or
new text end

new text begin (ii) the person commits the offense within ten years of the first of two or more convictions
under this section;
new text end

new text begin (3) to imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both, if either of the following circumstances exist:
new text end

new text begin (i) the value of the property stolen is more than $500 but not more than $1,000; or
new text end

new text begin (ii) the person commits the offense within ten years of a previous conviction under this
section; or
new text end

new text begin (4) to imprisonment of not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property stolen is $500 or less.
new text end

new text begin Subd. 4. new text end

new text begin Aggregation. new text end

new text begin The value of the retail merchandise received by the defendant
in violation of this section within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this subdivision; provided that when two
or more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
new text end

new text begin Subd. 5. new text end

new text begin Enhanced penalty. new text end

new text begin If a violation of this section creates a reasonably foreseeable
risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as
follows:
new text end

new text begin (1) if the penalty 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 $5,000, or both; and
new text end

new text begin (2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent
longer than for the underlying crime.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 34.

Minnesota Statutes 2020, 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) "False pretense" means any false, fictitious, misleading, or fraudulent information
or pretense or pretext depicting or including or deceptively similar to the name, logo, website
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.

(d) new text begin"Financial institution" has the meaning given in section 13A.01, subdivision 2.
new text end

new text begin (e) 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 or entity, 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 (e)deleted text endnew text begin (f)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 (f)deleted text endnew text begin (g)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 (g)deleted text endnew text begin (h)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.

deleted text begin (h)deleted text endnew text begin (i)new text end "Scanning device" means a scanner, reader, or any other electronic device that is
used to access, read, scan, obtain, memorize, or store, temporarily or permanently,
information encoded on a computer chip or magnetic strip or stripe of a payment card,
driver's license, or state-issued identification card.

deleted text begin (i)deleted text endnew text begin (j)new text end "Reencoder" means an electronic device that places encoded information from the
computer chip or magnetic strip or stripe of a payment card, driver's license, or state-issued
identification card, onto the computer chip or magnetic strip or stripe of a different payment
card, driver's license, or state-issued identification card, or any electronic medium that
allows an authorized transaction to occur.

deleted text begin (j)deleted text endnew text begin (k)new text end "Payment card" means a credit card, charge card, debit card, or any other card
that:

(1) is issued to an authorized card user; and

(2) allows the user to obtain, purchase, or receive credit, money, a good, a service, or
anything of value.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 35.

Minnesota Statutes 2020, section 609.527, is amended by adding a subdivision
to read:


new text begin Subd. 8. new text end

new text begin Release of limited account information to law enforcement authorities. new text end

new text begin (a)
A financial institution may release the information described in paragraph (b) to a law
enforcement or prosecuting authority that certifies in writing that it is investigating or
prosecuting a crime of identity theft under this section. The certification must describe with
reasonable specificity the nature of the suspected identity theft that is being investigated or
prosecuted, including the dates of the suspected criminal activity.
new text end

new text begin (b) This subdivision applies to requests for the following information relating to a
potential victim's account:
new text end

new text begin (1) the name of the account holder or holders; and
new text end

new text begin (2) the last known home address and telephone numbers of the account holder or holders.
new text end

new text begin (c) A financial institution may release the information requested under this subdivision
that it possesses within a reasonable time after the request. The financial institution may
not impose a fee for furnishing the information.
new text end

new text begin (d) A financial institution is not liable in a criminal or civil proceeding for releasing
information in accordance with this subdivision.
new text end

new text begin (e) Release of limited account information to a law enforcement agency under this
subdivision is criminal investigative data under section 13.82, subdivision 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 36.

Minnesota Statutes 2020, section 609.582, subdivision 3, is amended to read:


Subd. 3.

Burglary in the third degree.

new text begin(a) Except as otherwise provided in this section,
new text end whoever enters a building without consent and with intent to steal or commit any felony or
gross misdemeanor while in the building, or enters a building without consent and steals or
commits a felony or gross misdemeanor while in the building, either directly or as an
accomplice, commits burglary in the third degree 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 begin (b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the third degree 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, if:
new text end

new text begin (1) the person enters the building within one year after being told to leave the building
and not return; and
new text end

new text begin (2) the person has been convicted within the preceding five years for an offense under
this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625,
609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received a felony
sentence for the offense or a sentence that was stayed under section 609.135 if the offense
to which a plea was entered would allow imposition of a felony sentence.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 37.

Minnesota Statutes 2020, section 609.582, subdivision 4, is amended to read:


Subd. 4.

Burglary in the fourth degree.

new text begin(a) new text endWhoever enters a building without consent
and with intent to commit a misdemeanor other than to steal, or enters a building without
consent and commits a misdemeanor other than to steal while in the building, either directly
or as an accomplice, commits burglary in the fourth degree and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.

new text begin (b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the fourth degree and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the person enters the building within
one year after being told to leave the building and not return.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 38.

Minnesota Statutes 2020, section 609B.205, is amended to read:


609B.205 FLEEING PEACE OFFICER; REVOCATION.

A person's driver's license is revoked under section 171.174 if that person is convicted
of fleeing a peace officer under section 609.487, subdivision 3new text begin, 3a,new text end or 4. The periods of
revocation vary depending upon the offense of conviction and whether the offense of
conviction is a second or subsequent offense.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 39.

new text begin [617.2471] CONDITIONS OF PROBATION.
new text end

new text begin When sentencing a person convicted of violating any provision of section 617.246 or
617.247, where the court is not committing the person to the custody of the commissioner
of corrections, the court shall consider the following for inclusion as a condition of probation:
new text end

new text begin (1) incarceration in a local jail;
new text end

new text begin (2) completion of an appropriate sex offender or psycho-sexual offender evaluation,
with the requirement that all recommendations be successfully completed; and
new text end

new text begin (3) prohibition on the person having contact with minors, including a complete
prohibition, a prohibition on unsupervised contact, or a prohibition on contact that has not
been approved in advance by the person's probation officer.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 40.

Minnesota Statutes 2020, section 626.15, is amended to read:


626.15 EXECUTION AND RETURN OF WARRANT; TIME.

(a) Except as provided in paragraph deleted text begin(b)deleted text endnew text begin (c)new text end, a search warrant must be executed and
returned to the court which issued it within ten days after its date. After the expiration of
this time, the warrant is void unless previously executed.

(b) new text beginA search warrant on a financial institution for financial records is valid for 30 days.
new text end

new text begin (c) new text endA district court judge may grant an extension of deleted text beginadeleted text endnew text begin thenew text end warrant deleted text beginon a financial institution
for financial records
deleted text end upon an application under oath stating that the financial institution has
not produced the requested financial records within deleted text beginten daysdeleted text endnew text begin the 30-day periodnew text end and that an
extension is necessary to achieve the purposes for which the search warrant was granted.
Each extension may not exceed 30 days.

new text begin (d) new text endFor the purposes of this deleted text beginparagraphdeleted text endnew text begin sectionnew text end, "financial institution" has the meaning
given in section 13A.01, subdivision 2, and "financial records" has the meaning given in
section 13A.01, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 41.

new text begin [626.5535] CARJACKING; REPORTING REQUIRED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "carjacking" has the meaning
given in section 609.2456.
new text end

new text begin Subd. 2. new text end

new text begin Use of information collected. new text end

new text begin (a) The head of a local law enforcement agency
or state law enforcement department that employs peace officers, as defined in section
626.84, subdivision 1, paragraph (c), must forward the following carjacking information
from the agency's or department's jurisdiction to the commissioner of public safety at least
quarterly each year:
new text end

new text begin (1) the number of carjacking attempts;
new text end

new text begin (2) the number of carjackings;
new text end

new text begin (3) the number of persons injured in each offense;
new text end

new text begin (4) the number of persons killed in each offense; and
new text end

new text begin (5) weapons used in each offense, if any.
new text end

new text begin (b) The commissioner of public safety must include the data received under paragraph
(a) in a separate carjacking category in the department's annual uniform crime report.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022.
new text end

Sec. 42.

Minnesota Statutes 2020, section 626.8452, is amended by adding a subdivision
to read:


new text begin Subd. 1b. new text end

new text begin Prohibition against retaliation; employers. new text end

new text begin (a) An employer or supervisor
shall not discharge, discipline, threaten, retaliate, otherwise discriminate against, or penalize
a peace officer regarding the officer's compensation, terms, conditions, location, or privileges
of employment because the officer interceded or made a report in compliance with section
626.8475 or a policy adopted under subdivision 1a regarding another employee or peace
officer who used excessive force.
new text end

new text begin (b) A court may order the employer or supervisor to pay back wages and offer job
reinstatement to any officer discharged from employment in violation of paragraph (a).
new text end

new text begin (c) In addition to any remedies otherwise provided by law, a peace officer injured by a
violation of paragraph (a) may bring a civil action for recovery of damages together with
costs and disbursements, including reasonable attorney fees, and may receive injunctive
and other equitable relief, including reinstatement, as determined by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to causes
of action accruing on or after that date.
new text end

Sec. 43.

Minnesota Statutes 2020, section 626.8452, is amended by adding a subdivision
to read:


new text begin Subd. 1c. new text end

new text begin Prohibition against retaliation; fellow officers. new text end

new text begin (a) A peace officer or
employee of a law enforcement agency may not threaten, harass, retaliate, or otherwise
discriminate against a peace officer because the officer interceded or made a report in
compliance with section 626.8475 or a policy adopted under subdivision 1a regarding
another employee or peace officer who used excessive force.
new text end

new text begin (b) A person who violates paragraph (a) is subject to disciplinary action as determined
by the chief law enforcement officer of the agency employing the person.
new text end

new text begin (c) A peace officer who is the victim of conduct prohibited in paragraph (a) may bring
a civil action for recovery of damages together with costs and disbursements, including
reasonable attorney fees, and may receive injunctive and other equitable relief as determined
by the court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to causes
of action accruing on or after that date.
new text end

Sec. 44.

new text begin [626.8477] REQUIRED RETENTION OF RECORDINGS OF DETAINED
PERSONS.
new text end

new text begin Each chief law enforcement officer of a law enforcement agency shall ensure that any
video or audio recording made of a person during a custodial interview, booking, or implied
consent or breath testing proceeding is retained for 60 days from the date of recording or
until all criminal proceedings relating to the person recorded are complete, whichever period
is longer.
new text end

Sec. 45. new text beginDWI CONTROLLED SUBSTANCE ROADSIDE TESTING INSTRUMENT
PILOT PROJECT; REPORT REQUIRED.
new text end

new text begin (a) The commissioner of public safety shall design, plan, and implement a pilot project
to study oral fluid roadside testing instruments to determine the presence of a controlled
substance or intoxicating substance in individuals stopped or arrested for driving while
impaired offenses. The pilot project shall determine the practicality, accuracy, and efficacy
of these testing instruments and determine and make recommendations on the best instrument
or instruments to pursue in the future.
new text end

new text begin (b) The pilot project must begin on September 1, 2022, and continue until August 31,
2023.
new text end

new text begin (c) The commissioner shall consult with law enforcement officials, prosecutors, criminal
defense attorneys, and other interested and knowledgeable parties when designing,
implementing, and evaluating the pilot project.
new text end

new text begin (d) All oral fluid samples obtained for the purpose of this pilot project shall be obtained
by a certified drug recognition evaluator and may only be collected with the express voluntary
consent of the person stopped or arrested for suspicion of driving while impaired. Results
of tests conducted under the pilot project are to be used for the purpose of analyzing the
practicality, accuracy, and efficacy of the instrument. Results may not be used to decide
whether an arrest should be made and are not admissible in any legal proceeding.
new text end

new text begin (e) By February 1, 2024, the commissioner shall report to the chairs and ranking minority
members of the legislative committees with jurisdiction over public safety on the results of
the pilot project. At a minimum, the report must include information on how accurate the
instruments were when tested against laboratory results, how often participants were found
to have controlled substances or intoxicating substances in their systems, how often there
was commingling of controlled substances or intoxicating substances with alcohol, the types
of controlled substances or intoxicating substances found in participants' systems and which
types were most common, and the number of participants in the project. In addition, the
report must assess the practicality and reliability of using the instruments in the field and
make recommendations on continuing the project permanently.
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. 46. new text beginREVISOR INSTRUCTION.
new text end

new text begin (a) The revisor of statutes shall insert a cross-reference to Minnesota Statutes, section
609.2456, in the following statutory sections: Minnesota Statutes, sections 145A.061,
subdivision 3; 146A.08, subdivision 1, paragraph (c); 253B.02, subdivision 4e; 253D.02,
subdivision 8, paragraph (b); 260B.171, subdivision 3, paragraph (a), clause (1); 299A.296,
subdivision 2, paragraph (a), clause (5); 299C.105, subdivision 1, paragraph (a), clause (1),
item (iv), and clause (3), item (iv); 299C.67, subdivision 2, paragraph (b), clause (1);
609.1095, subdivision 1, paragraph (d); 609.11, subdivision 9; 609.341, subdivision 22;
609.52, subdivision 3, clause (3), paragraph (c); 609.531, subdivision 1, paragraph (f),
clause (3); 609.631, subdivision 4, clause (3), paragraph (b); 609.632, subdivision 4,
paragraph (b), clause (3), item (ii); 609.821, subdivision 3, paragraph (a), clause (1), item
(iv); 611A.031; 611A.036, subdivision 7; 611A.08, subdivision 6; and 624.712, subdivision
5.
new text end

new text begin (b) The revisor shall insert a cross-reference to Minnesota Statutes, section 609.2456,
subdivision 2, paragraph (a), in the following statutory sections: Minnesota Statutes, sections
245C.15, subdivision 2, paragraph (a), and subdivision 4a, paragraph (d); and 245C.24,
subdivision 3, paragraph (a).
new text end

new text begin (c) The revisor shall insert a cross-reference to Minnesota Statutes, section 609.2456,
subdivision 2, paragraph (c), in Minnesota Statutes, section 243.167, subdivision 1.
new text end

new text begin (d) The revisor shall insert a cross-reference to Minnesota Statutes, section 609.2456,
subdivision 2, paragraphs (b) and (c), in the following statutory sections: Minnesota Statutes,
sections 245C.15, subdivision 1, paragraph (a), and subdivision 4a, paragraph (a); 609.902,
subdivision 4; and 626A.05, subdivision 2, clause (1).
new text end

new text begin (e) Consistent with paragraphs (a) to (d), the revisor may make technical and other
necessary changes to language, grammar, and sentence structure in the statutory sections
listed in this section to preserve the meaning of the text.
new text end

ARTICLE 3

DRIVING WHILE IMPAIRED SEARCH WARRANT CHANGES

Section 1.

Minnesota Statutes 2020, section 169A.51, subdivision 3, is amended to read:


Subd. 3.

Blood or urine tests; search warrant required.

(a) Notwithstanding any
contrary provisions in sections 169A.51 to 169A.53, a blood or urine test may be conducted
only pursuant to a search warrant deleted text beginunder sections 626.04 to 626.18,deleted text end or a judicially recognized
exception to the search warrant requirement. In addition, blood and urine tests may be
conducted only as provided in sections 169A.51 to 169A.53 and 171.177.

(b) When, under the provisions of section 169A.20, 169A.51, or 171.177, a search
warrant is required for a blood or urine test, that requirement is met if a judicially recognized
exception to the warrant requirement is applicable.

Sec. 2.

Minnesota Statutes 2020, section 169A.51, subdivision 4, is amended to read:


Subd. 4.

Requirement of urine or blood test.

A blood or urine test may be required
pursuant to a search warrant deleted text beginunder sections 626.04 to 626.18deleted text end even after a breath test has
been administered if there is probable cause to believe that:

(1) there is impairment by a controlled substance or an intoxicating substance that is not
subject to testing by a breath test;

(2) a controlled substance listed in Schedule I or II or its metabolite, other than marijuana
or tetrahydrocannabinols, is present in the person's body; or

(3) the person is unconscious or incapacitated to the point that the peace officer providing
a breath test advisory, administering a breath test, or serving the search warrant has a
good-faith belief that the person is mentally or physically unable to comprehend the breath
test advisory or otherwise voluntarily submit to chemical tests.

Action may be taken against a person who refuses to take a blood test under this
subdivision only if a urine test was offered and action may be taken against a person who
refuses to take a urine test only if a blood test was offered. This limitation does not apply
to an unconscious person under the circumstances described in clause (3).

Sec. 3.

Minnesota Statutes 2020, section 169A.51, is amended by adding a subdivision to
read:


new text begin Subd. 8. new text end

new text begin Definition. new text end

new text begin As used in this section, a "search warrant" means a judicially
approved search warrant obtained pursuant to the requirements in sections 626.04 to 626.18
or conforming statutes in an adjacent state.
new text end

Sec. 4.

Minnesota Statutes 2020, section 171.177, subdivision 1, is amended to read:


Subdivision 1.

Search warrant-required testing advisory.

At the time a blood or urine
test is directed pursuant to a search warrant deleted text beginunder sections 626.04 to 626.18deleted text end, the person
must be informed that refusal to submit to a blood or urine test is a crime.

Sec. 5.

Minnesota Statutes 2020, section 171.177, subdivision 3, is amended to read:


Subd. 3.

License revocation pursuant to search warrant.

After executing a search
warrant deleted text beginunder sections 626.04 to 626.18deleted text end for the collection of a blood or urine sample based
upon probable cause of a violation of section 169A.20, the peace officer acting under sections
626.13 to 626.17 shall certify to the commissioner of public safety:

(1) when a person refuses to comply with the execution of the search warrant; or

(2) if a person submits to the test and the test results indicate:

(i) an alcohol concentration of 0.08 or more;

(ii) an alcohol concentration of 0.04 or more, if the person was driving, operating, or in
physical control of a commercial motor vehicle at the time of the violation; or

(iii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols.

Sec. 6.

Minnesota Statutes 2020, section 171.177, subdivision 4, is amended to read:


Subd. 4.

Test refusal; license revocation.

(a) Upon certification under subdivision 3
that there existed probable cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section 169A.20, and that the person
refused to comply with the execution of the search warrant deleted text beginunder sections 626.04 to 626.18deleted text end,
the commissioner shall revoke the person's license or permit to drive or nonresident operating
privilege. The commissioner shall revoke the license, permit, or nonresident operating
privilege:

(1) for a person with no qualified prior impaired driving incidents within the past ten
years, for a period of not less than one year;

(2) for a person under the age of 21 years and with no qualified prior impaired driving
incidents within the past ten years, for a period of not less than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than two
years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.

(b) When a person who had been driving, operating, or in physical control of a
commercial motor vehicle refuses to comply with the search warrant and permit testing,
the commissioner shall disqualify the person from operating a commercial motor vehicle
and shall revoke the person's license or permit to drive or nonresident operating privilege
according to the federal regulations adopted by reference in section 171.165, subdivision
2.

Sec. 7.

Minnesota Statutes 2020, section 171.177, subdivision 5, is amended to read:


Subd. 5.

Test failure; license revocation.

(a) Upon certification under subdivision 3,
pursuant to a search warrant deleted text beginunder sections 626.04 to 626.18deleted text end, that there existed probable
cause to believe the person had been driving, operating, or in physical control of a motor
vehicle in violation of section 169A.20, and that the person submitted to a test and the test
results indicate an alcohol concentration of 0.08 or more or the presence of a controlled
substance listed in Schedule I or II or its metabolite, other than marijuana or
tetrahydrocannabinols, the commissioner shall revoke the person's license or permit to drive
or nonresident operating privilege:

(1) for a period of 90 days or, if the test results indicate an alcohol concentration of twice
the legal limit or more, not less than one year;

(2) if the person is under the age of 21 years, for a period of not less than 180 days or,
if the test results indicate an alcohol concentration of twice the legal limit or more, not less
than one year;

(3) for a person with one qualified prior impaired driving incident within the past ten
years or two qualified prior impaired driving incidents, for a period of not less than one
year or, if the test results indicate an alcohol concentration of twice the legal limit or more,
not less than two years;

(4) for a person with two qualified prior impaired driving incidents within the past ten
years or three qualified prior impaired driving incidents, for a period of not less than three
years;

(5) for a person with three qualified prior impaired driving incidents within the past ten
years, for a period of not less than four years; or

(6) for a person with four or more qualified prior impaired driving incidents, for a period
of not less than six years.

(b) On certification by the peace officer that there existed probable cause to believe the
person had been driving, operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a test and the test results
indicated an alcohol concentration of 0.04 or more, the commissioner shall disqualify the
person from operating a commercial motor vehicle under section 171.165.

(c) If the test is of a person's blood or urine by a laboratory operated by the Bureau of
Criminal Apprehension or authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the commissioner the test results, and
the peace officer shall certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical control of a motor vehicle in
violation of section 169A.20, and that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license actions described in paragraphs
(a) and (b).

Sec. 8.

Minnesota Statutes 2020, section 171.177, subdivision 8, is amended to read:


Subd. 8.

Test refusal; driving privilege lost.

(a) On behalf of the commissioner, a peace
officer requiring a test or directing the administration of a chemical test pursuant to a search
warrant deleted text beginunder sections 626.04 to 626.18deleted text end shall serve immediate notice of intention to revoke
and of revocation on a person who refuses to permit a test or on a person who submits to a
test, the results of which indicate an alcohol concentration of 0.08 or more.

(b) On behalf of the commissioner, a peace officer requiring a test or directing the
administration of a chemical test of a person driving, operating, or in physical control of a
commercial motor vehicle pursuant to a search warrant deleted text beginunder sections 626.04 to 626.18deleted text end
shall serve immediate notice of intention to disqualify and of disqualification on a person
who refuses to permit a test or on a person who submits to a test, the results of which indicate
an alcohol concentration of 0.04 or more.

(c) The officer shall:

(1) invalidate the person's driver's license or permit card by clipping the upper corner
of the card in such a way that no identifying information including the photo is destroyed,
and immediately return the card to the person;

(2) issue the person a temporary license effective for only seven days; and

(3) send the notification of this action to the commissioner along with the certificate
required by subdivision 5 or 6.

Sec. 9.

Minnesota Statutes 2020, section 171.177, subdivision 12, is amended to read:


Subd. 12.

Judicial hearing; issues, order, appeal.

(a) A judicial review hearing under
this section must be before a district judge in any county in the judicial district where the
alleged offense occurred. The hearing is to the court and may be conducted at the same time
and in the same manner as hearings upon pretrial motions in the criminal prosecution under
section 169A.20, if any. The hearing must be recorded. The commissioner shall appear and
be represented by the attorney general or through the prosecuting authority for the jurisdiction
involved. The hearing must be held at the earliest practicable date, and in any event no later
than 60 days following the filing of the petition for review. The judicial district administrator
shall establish procedures to ensure efficient compliance with this subdivision. To accomplish
this, the administrator may, whenever possible, consolidate and transfer review hearings
among the locations within the judicial district where terms of district court are held.

(b) The scope of the hearing is limited to the issues in clauses (1) to (13):

(1) Did the peace officer have probable cause to believe the person was driving, operating,
or in physical control of a motor vehicle or commercial motor vehicle in violation of section
169A.20?

(2) Was the person lawfully placed under arrest for violation of section 169A.20?

(3) Was the person involved in a motor vehicle accident or collision resulting in property
damage, personal injury, or death?

(4) Did a licensed peace officer apply for a search warrant in accordance with the
requirements set forth in sections 626.04 to 626.18new text begin or conforming statutes in an adjacent
state
new text end?

(5) Did a neutral magistrate review the application for a search warrant and determine
there was probable cause to believe that the person was driving, operating, or in physical
control of a motor vehicle or commercial motor vehicle in violation of section 169A.20?

(6) Was the search warrant and the process by which it was obtained valid?

(7) At the time of directing the person to take the test, did the peace officer inform the
person that refusing the test was a crime as required by subdivision 1?

(8) Did the person refuse to permit the test?

(9) If a test was taken by a person driving, operating, or in physical control of a motor
vehicle, did the test results indicate at the time of testing:

(i) an alcohol concentration of 0.08 or more; or

(ii) the presence of a controlled substance listed in Schedule I or II or its metabolite,
other than marijuana or tetrahydrocannabinols?

(10) If a test was taken by a person driving, operating, or in physical control of a
commercial motor vehicle, did the test results indicate an alcohol concentration of 0.04 or
more at the time of testing?

(11) Was the testing method used valid and reliable and were the test results accurately
evaluated?

(12) Did the person prove the defense of necessity?

(13) Did the person prove the defense of controlled substance use in accordance with a
prescription?

(c) Certified or otherwise authenticated copies of laboratory or medical personnel reports,
records, documents, licenses, and certificates are admissible as substantive evidence.

(d) The court shall order that the revocation or disqualification be either rescinded or
sustained and forward the order to the commissioner. The court shall file its order within
14 days following the hearing. If the revocation or disqualification is sustained, the court
shall also forward the person's driver's license or permit to the commissioner for further
action by the commissioner if the license or permit is not already in the commissioner's
possession.

(e) Any party aggrieved by the decision of the reviewing court may appeal the decision
as provided in the Rules of Appellate Procedure.

(f) The civil hearing under this section shall not give rise to an estoppel on any issues
arising from the same set of circumstances in any criminal prosecution.

(g) It is an affirmative defense for the petitioner to prove a necessity.

(h) It is an affirmative defense to the presence of a Schedule I or II controlled substance
that the person used the controlled substance according to the terms of a prescription issued
for the person according to sections 152.11 and 152.12, unless the court finds by a
preponderance of the evidence that the use of the controlled substance impaired the person's
ability to operate a motor vehicle.

Sec. 10.

Minnesota Statutes 2020, section 171.177, subdivision 14, is amended to read:


Subd. 14.

Definitions.

new text begin(a) new text endThe definitions in section 169A.03 apply to this section.

new text begin (b) For purposes of this section, a "search warrant" means a judicially approved search
warrant obtained pursuant to the requirements of sections 626.04 to 626.18 or conforming
statutes in an adjacent state.
new text end

ARTICLE 4

FENTANYL-RELATED CHANGES

Section 1.

Minnesota Statutes 2020, section 152.01, is amended by adding a subdivision
to read:


new text begin Subd. 25. new text end

new text begin Fentanyl. new text end

new text begin As used in sections 152.021 to 152.025, "fentanyl" includes fentanyl,
carfentanil, and any fentanyl analogs and fentanyl-related substances listed in section 152.02,
subdivisions 2 and 3.
new text end

Sec. 2.

Minnesota Statutes 2020, section 152.021, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

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

(1) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of 17 grams or more containing cocaine or methamphetamine;

(2) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing cocaine or methamphetamine
and:

(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or

(ii) the offense involves two aggravating factors;

(3) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing heroinnew text begin or fentanylnew text end;

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 152.021, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

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

(1) the person unlawfully possesses one or more mixtures of a total weight of 50 grams
or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or

(ii) the offense involves two aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing heroinnew text begin or fentanylnew text end;

(4) the person unlawfully possesses one or more mixtures of a total weight of 500 grams
or more containing a narcotic drug other than cocaine, heroin,new text begin fentanyl,new text end or methamphetamine;

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

(6) the person unlawfully possesses one or more mixtures of a total weight of 50
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 500 or
more marijuana plants.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 152.022, subdivision 1, is amended to read:


Subdivision 1.

Sale crimes.

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

(1) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of ten grams or more containing a narcotic drug other than
heroinnew text begin or fentanylnew text end;

(2) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of three grams or more containing cocaine or
methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or

(ii) the offense involves three aggravating factors;

(3) on one or more occasions within a 90-day period the person unlawfully sells one or
more mixtures of a total weight of three grams or more containing heroinnew text begin or fentanylnew text end;

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

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

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

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

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 152.022, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

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

(1) the person unlawfully possesses one or more mixtures of a total weight of 25 grams
or more containing cocaine or methamphetamine;

(2) the person unlawfully possesses one or more mixtures of a total weight of ten grams
or more containing cocaine or methamphetamine and:

(i) the person or an accomplice possesses on their person or within immediate reach, or
uses, whether by brandishing, displaying, threatening with, or otherwise employing, a
firearm; or

(ii) the offense involves three aggravating factors;

(3) the person unlawfully possesses one or more mixtures of a total weight of six grams
or more containing heroinnew text begin or fentanylnew text end;

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

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

(6) the person unlawfully possesses one or more mixtures of a total weight of 25
kilograms or more containing marijuana or Tetrahydrocannabinols, or possesses 100 or
more marijuana plants.

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 152.023, subdivision 2, is amended to read:


Subd. 2.

Possession crimes.

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

(1) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of ten grams or more containing a narcotic drug other
than heroinnew text begin or fentanylnew text end;

(2) on one or more occasions within a 90-day period the person unlawfully possesses
one or more mixtures of a total weight of three grams or more containing heroinnew text begin or fentanylnew text end;

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

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

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

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

(b) For the purposes of this subdivision, the weight of fluid used in a water pipe may
not be considered in measuring the weight of a mixture except in cases where the mixture
contains four or more fluid ounces of fluid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 152.025, subdivision 4, is amended to read:


Subd. 4.

Penalty.

(a) A person convicted under the provisions of subdivision 2, clause
(1), who has not been previously convicted of a violation of this chapter or a similar offense
in another jurisdiction, is guilty of a gross misdemeanor if: (1) the amount of the controlled
substance possessed, other than heroinnew text begin or fentanylnew text end, is less than 0.25 grams or one dosage
unit or less if the controlled substance was possessed in dosage units; or (2) the controlled
substance possessed is heroin new text beginor fentanyl new text endand the amount possessed is less than 0.05 grams.

(b) A person convicted under the provisions of subdivision 1; subdivision 2, clause (1),
unless the conduct is described in paragraph (a); or subdivision 2, clause (2), may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022, and applies to crimes
committed on or after that date.
new text end