SF 2683

2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to public safety; enacting various 
  1.3             antiterrorism measures; expanding first-degree murder 
  1.4             to include death resulting from an act of terrorism 
  1.5             and imposing a term of life imprisonment without 
  1.6             release for this; establishing crimes relating to the 
  1.7             use of biological agents, toxic chemicals, toxins, or 
  1.8             radioactive materials; modifying and expanding 
  1.9             provisions relating to terroristic threats; increasing 
  1.10            penalties for trespass on a public utility or a 
  1.11            critical public service facility; providing criminal 
  1.12            penalties for persons who promote, advocate, and take 
  1.13            responsibility for criminal acts under certain 
  1.14            circumstances; providing criminal penalties for 
  1.15            certain persons who aid others to commit terrorism; 
  1.16            increasing criminal penalties for giving false 
  1.17            information to law enforcement officers relating to 
  1.18            terrorism; increasing the emergency telephone service 
  1.19            fee; imposing criminal penalties; creating and 
  1.20            modifying grant programs for emergency preparedness 
  1.21            training and equipment purchases and other expenses 
  1.22            related to terrorism; appropriating money for various 
  1.23            emergency response and antiterrorism measures; 
  1.24            amending Minnesota Statutes 2000, sections 299A.62, 
  1.25            subdivision 1; 299F.72, subdivision 1; 609.106, 
  1.26            subdivision 2; 609.185; 609.505; 609.605, by adding a 
  1.27            subdivision; 609.713, subdivisions 1, 2, by adding a 
  1.28            subdivision; Minnesota Statutes 2001 Supplement, 
  1.29            sections 403.11, subdivision 1; 473.901, subdivision 
  1.30            1; 609.495, by adding a subdivision; proposing coding 
  1.31            for new law in Minnesota Statutes, chapters 299A; 609. 
  1.32  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.33                             ARTICLE 1
  1.34                           APPROPRIATIONS
  1.35     Section 1.  Minnesota Statutes 2000, section 299A.62, 
  1.36  subdivision 1, is amended to read: 
  1.37     Subdivision 1.  [PROGRAM ESTABLISHED.] (a) A 
  1.38  community-oriented policing grant program is established under 
  2.1   the administration of the commissioner of public safety. 
  2.2      (b) Grants may be awarded as provided in subdivision 2 for 
  2.3   the following purposes:  
  2.4      (1) to enable local law enforcement agencies to hire law 
  2.5   enforcement officers.  The grants must be used by law 
  2.6   enforcement agencies to increase the complement of officers in 
  2.7   the agency by paying the salaries of new officers who replace an 
  2.8   existing officer who has been reassigned primarily to 
  2.9   investigate and prevent juvenile crime or to perform 
  2.10  community-oriented policing duties; 
  2.11     (2) to enable local law enforcement agencies to assign 
  2.12  overtime officers to high crime areas within their 
  2.13  jurisdictions; and 
  2.14     (3) to enable local law enforcement agencies to implement 
  2.15  or expand community-oriented policing projects, liaison efforts 
  2.16  with local school districts, and other innovative community 
  2.17  policing initiatives; and 
  2.18     (4) to reimburse local units of government for 
  2.19  extraordinary expenses related to terroristic threats or 
  2.20  incidents, including the purchase or rental of emergency 
  2.21  equipment and the cost of staff overtime. 
  2.22     (c) No grants may be awarded under paragraph (b), clause 
  2.23  (4), that reimburse a grant recipient for costs relating to 
  2.24  monitoring a person's lawful political activities, interfering 
  2.25  with a person's constitutionally protected right of free speech 
  2.26  or association or a person's constitutionally protected right to 
  2.27  the free exercise of religion, or unlawfully discriminating 
  2.28  against a person. 
  2.29     Sec. 2.  [299A.77] [EMERGENCY PREPAREDNESS TRAINING AND 
  2.30  EQUIPMENT GRANTS.] 
  2.31     Subdivision 1.  [TRAINING GRANTS.] The commissioner of 
  2.32  public safety may award grants to state agencies and local units 
  2.33  of government for costs, including reimbursement of costs, 
  2.34  related to emergency preparedness training for law enforcement, 
  2.35  fire, ambulance, and medical personnel and agencies.  Training 
  2.36  exercises eligible for grants include, but are not limited to, 
  3.1   fire, police and emergency medical first responder training, 
  3.2   structural collapse training, urban search and rescue training, 
  3.3   and specialized natural, biological, and chemical incident 
  3.4   training. 
  3.5      Subd. 2.  [EQUIPMENT GRANTS.] The commissioner may award 
  3.6   grants to state agencies and local units of government for 
  3.7   costs, including reimbursement of costs, related to purchase of 
  3.8   emergency preparedness equipment for law enforcement, fire, 
  3.9   ambulance, and medical personnel and agencies.  Equipment 
  3.10  eligible for grants include, but are not limited to, personal 
  3.11  protection equipment, equipment to detect and monitor chemical 
  3.12  or biological agents, and decontamination equipment. 
  3.13     Subd. 3.  [LOCAL MATCH.] Eligible local units of government 
  3.14  shall provide a 25 percent match for grants received. 
  3.15     Subd. 4.  [GRANT APPLICATION.] State agencies and local 
  3.16  units of government shall submit an application to the 
  3.17  commissioner in the form and manner the commissioner establishes.
  3.18     Subd. 5.  [AWARDING GRANTS.] The commissioner shall act as 
  3.19  the fiscal agent for the grant program.  Before any grants are 
  3.20  awarded, a committee consisting of representatives from the 
  3.21  Minnesota chiefs of police association, Minnesota fire chief's 
  3.22  association, Minnesota sheriff's association, the Minnesota 
  3.23  police and peace officer's association, the Minnesota 
  3.24  professional firefighter's association, the Minnesota ambulance 
  3.25  association, the Minnesota hospital and health care partnership, 
  3.26  the Minnesota emergency medical services regulatory board, and 
  3.27  the emergency management division of the department of public 
  3.28  safety shall evaluate the grant applications.  The commissioner 
  3.29  shall meet and consult with the committee concerning its 
  3.30  evaluation of and recommendations on grant proposals before 
  3.31  awarding any grants. 
  3.32     Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  3.33  403.11, subdivision 1, is amended to read: 
  3.34     Subdivision 1.  [EMERGENCY TELEPHONE SERVICE FEE.] (a) Each 
  3.35  customer of a telephone company or communications carrier that 
  3.36  provides service capable of originating a 911 emergency 
  4.1   telephone call is assessed a fee to cover the costs of ongoing 
  4.2   maintenance and related improvements for trunking and central 
  4.3   office switching equipment for minimum 911 emergency telephone 
  4.4   service, plus administrative and staffing costs of the 
  4.5   department of administration related to managing the 911 
  4.6   emergency telephone service program.  Recurring charges by a 
  4.7   public utility providing telephone service for updating the 
  4.8   information required by section 403.07, subdivision 3, must be 
  4.9   paid by the commissioner of administration if the utility is 
  4.10  included in an approved 911 plan and the charges have been 
  4.11  certified and approved under subdivision 3.  The commissioner of 
  4.12  administration shall transfer an amount equal to two cents a 
  4.13  month from the fee assessed under this section on cellular and 
  4.14  other nonwire access services to the commissioner of public 
  4.15  safety for the purpose of offsetting the costs, including 
  4.16  administrative and staffing costs, incurred by the state patrol 
  4.17  division of the department of public safety in handling 911 
  4.18  emergency calls made from cellular phones.  Money remaining in 
  4.19  the 911 emergency telephone service account after all other 
  4.20  obligations are paid must not cancel and is carried forward to 
  4.21  subsequent years and may be appropriated from time to time to 
  4.22  the commissioner of administration to provide financial 
  4.23  assistance to counties for the improvement of local emergency 
  4.24  telephone services.  The improvements may include providing 
  4.25  access to minimum 911 service for telephone service subscribers 
  4.26  currently without access and upgrading existing 911 service to 
  4.27  include automatic number identification, local location 
  4.28  identification, automatic location identification, and other 
  4.29  improvements specified in revised county 911 plans approved by 
  4.30  the department. 
  4.31     (b) The fee is 27 may not be less than eight cents nor more 
  4.32  than 52 cents a month for each customer access line or other 
  4.33  basic access service, including trunk equivalents as designated 
  4.34  by the public utilities commission for access charge purposes 
  4.35  and including cellular and other nonwire access services.  With 
  4.36  the approval of the commissioner of finance, the commissioner of 
  5.1   administration shall establish the amount of the fee within the 
  5.2   limits specified and inform the companies and carriers of the 
  5.3   amount to be collected.  The commissioner shall provide 
  5.4   companies and carriers a minimum of 45 days' notice of each fee 
  5.5   change.  The fee must be the same for all customers.  
  5.6      (c) The commissioner of administration shall transfer to 
  5.7   the commissioner of public safety from the fee assessed under 
  5.8   this section an amount equal to two cents a month for the 
  5.9   development and implementation of a communication system 
  5.10  connecting firefighters with emergency medical services 
  5.11  providers. 
  5.12     The commissioner of administration shall transfer to the 
  5.13  director of the Minnesota emergency medical services regulatory 
  5.14  board from the fee assessed under this section an amount equal 
  5.15  to one cent a month for grants for medical resource 
  5.16  communication efforts. 
  5.17     The commissioner of administration shall use from the fee 
  5.18  assessed under this section an amount equal to 17 cents a month 
  5.19  in fiscal years 2003 and 2004 and 20 cents thereafter for public 
  5.20  safety answering points. 
  5.21     (d) The fee must be collected by each company or carrier 
  5.22  providing service subject to the fee.  Fees are payable to and 
  5.23  must be submitted to the commissioner of administration monthly 
  5.24  before the 25th of each month following the month of collection, 
  5.25  except that fees may be submitted quarterly if less than $250 a 
  5.26  month is due, or annually if less than $25 a month is due.  
  5.27  Receipts must be deposited in the state treasury and credited to 
  5.28  a 911 emergency telephone service account in the special revenue 
  5.29  fund.  The money in the account may only be used for 911 
  5.30  telephone services as provided in paragraph paragraphs (a) and 
  5.31  (c).  
  5.32     (d) (e) This subdivision does not apply to customers of a 
  5.33  telecommunications carrier as defined in section 237.01, 
  5.34  subdivision 6. 
  5.35     Sec. 4.  Minnesota Statutes 2001 Supplement, section 
  5.36  473.901, subdivision 1, is amended to read: 
  6.1      Subdivision 1.  [COSTS COVERED BY FEE.] For each fiscal 
  6.2   year beginning with the fiscal year commencing July 1, 1997, the 
  6.3   amount necessary to pay the following costs is appropriated to 
  6.4   the commissioner of administration from the 911 emergency 
  6.5   telephone service account established under section 403.11: 
  6.6      (1) debt service costs and reserves for bonds issued 
  6.7   pursuant to section 473.898; 
  6.8      (2) repayment of the right-of-way acquisition loans; 
  6.9      (3) costs of design, construction, maintenance of, and 
  6.10  improvements to those elements of the first phase that support 
  6.11  mutual aid communications and emergency medical services; or 
  6.12     (4) recurring charges for leased sites and equipment for 
  6.13  those elements of the first phase that support mutual aid and 
  6.14  emergency medical communication services. 
  6.15     This appropriation shall be used to pay annual debt service 
  6.16  costs and reserves for bonds issued pursuant to section 473.898 
  6.17  prior to use of fee money to pay other costs eligible under this 
  6.18  subdivision.  In no event shall the appropriation for each 
  6.19  fiscal year exceed an amount equal to four 13 cents a month for 
  6.20  each customer access line or other basic access service, 
  6.21  including trunk equivalents as designated by the public 
  6.22  utilities commission for access charge purposes and including 
  6.23  cellular and other nonwire access services, in the fiscal year. 
  6.24     Sec. 5.  [DEPARTMENT OF PUBLIC SAFETY; APPROPRIATIONS.] 
  6.25     Subdivision 1.  [TOTAL APPROPRIATION.] $....... is 
  6.26  appropriated from the general fund to the commissioner of public 
  6.27  safety for the fiscal year ending June 30, 2003, for the 
  6.28  purposes described in this section. 
  6.29     Subd. 2.  [HAZARDOUS MATERIAL EMERGENCY RESPONSE TEAMS.] Of 
  6.30  the amount appropriated in subdivision 1, $....... is for the 
  6.31  conversion of the Rochester, Moorhead, Duluth, and St. Cloud 
  6.32  chemical assessment teams to hazardous material emergency 
  6.33  response teams and for equipment purchases to upgrade the 
  6.34  capability of these teams. 
  6.35     Subd. 3.  [BOMB DISPOSAL UNITS.] Of the amount appropriated 
  6.36  in subdivision 1, $....... is to reimburse bomb disposal units 
  7.1   under Minnesota Statutes, section 299C.063. 
  7.2      Subd. 4.  [GAS-TIGHT CONTAINMENT VESSEL.] Of the amount 
  7.3   appropriated in subdivision 1, $....... is for the purchase of a 
  7.4   gas-tight containment vessel for disposal of bombs and other 
  7.5   hazardous materials.  This is a onetime appropriation. 
  7.6      Subd. 5.  [EMERGENCY PREPAREDNESS TRAINING GRANTS.] Of the 
  7.7   amount appropriated in subdivision 1, $....... is for grants 
  7.8   described in Minnesota Statutes, section 299A.77, subdivision 
  7.9   1.  This appropriation is available until expended. 
  7.10     Subd. 6.  [EMERGENCY PREPAREDNESS EQUIPMENT GRANTS.] Of the 
  7.11  amount appropriated in subdivision 1, $....... is for grants 
  7.12  described in Minnesota Statutes, section 299A.77, subdivision 
  7.13  2.  This is a onetime appropriation and is available until 
  7.14  expended. 
  7.15     Subd. 7.  [REGIONAL EMERGENCY RESPONSE TEAMS.] Of the 
  7.16  amount appropriated in subdivision 1, $....... is for grants to 
  7.17  equip and train regional emergency response teams consisting of 
  7.18  local emergency personnel in Greater Minnesota.  The 
  7.19  commissioner, in consultation with the Minnesota sheriff's 
  7.20  association, the Minnesota chiefs of police association, and the 
  7.21  Minnesota fire chief's association, shall determine the number 
  7.22  and location of the regional emergency response teams.  This is 
  7.23  a onetime appropriation. 
  7.24     Subd. 8.  [EXTRAORDINARY EXPENSE GRANTS.] Of the amount 
  7.25  appropriated in subdivision 1, $....... is for grants to 
  7.26  reimburse local units of government for extraordinary expenses 
  7.27  related to terroristic threats or incidents under Minnesota 
  7.28  Statutes, section 299A.62, subdivision 1, paragraph (b), clause 
  7.29  (4).  This is a onetime appropriation. 
  7.30     Subd. 9.  [STATEWIDE ASSESSMENT OF EMERGENCY COMMUNICATION 
  7.31  NEEDS.] Of the amount appropriated in subdivision 1, $....... is 
  7.32  for a statewide assessment of emergency communication 
  7.33  capabilities and an implementation plan for addressing those 
  7.34  needs.  This is a onetime appropriation. 
  7.35     Subd. 10.  [CAPITOL SECURITY.] Of the amount appropriated 
  7.36  in subdivision 1, $....... is for entrance point security 
  8.1   technology and additional security personnel in the capitol 
  8.2   complex. 
  8.3      Subd. 11.  [RADIO COMMUNICATIONS SYSTEM INFRASTRUCTURE.] Of 
  8.4   the amount appropriated in subdivision 1, $....... is to design, 
  8.5   acquire, construct, furnish, and equip its radio communications 
  8.6   system infrastructure, coordinating it with other state and 
  8.7   local units of government, and extending it to the Rochester and 
  8.8   St. Cloud districts of the state patrol district radio system. 
  8.9      Sec. 6.  [DEPARTMENT OF ADMINISTRATION; APPROPRIATIONS.] 
  8.10     Subdivision 1.  [TOTAL APPROPRIATION.] $....... is 
  8.11  appropriated from the general fund to the commissioner of 
  8.12  administration for the fiscal year ending June 30, 2003, for the 
  8.13  purposes described in this section. 
  8.14     Subd. 2.  [COMMUNICATION EQUIPMENT; METROPOLITAN AREA.] Of 
  8.15  the amount appropriated in subdivision 1, $....... is for 
  8.16  communication equipment for medical facilities located in the 
  8.17  metropolitan area as defined in Minnesota Statutes, section 
  8.18  473.121, subdivision 2. 
  8.19     Subd. 3.  [COMMUNICATION EQUIPMENT; OUTSIDE METROPOLITAN 
  8.20  AREA.] Of the amount appropriated in subdivision 1, $....... is 
  8.21  for communication equipment for medical facilities not located 
  8.22  in the metropolitan area as defined in Minnesota Statutes, 
  8.23  section 473.121, subdivision 2. 
  8.24     Sec. 7.  [DEPARTMENT OF ADMINISTRATION; APPROPRIATIONS.] 
  8.25     $....... is appropriated from the 911 account of the 
  8.26  special revenue fund to the commissioner of administration for 
  8.27  the fiscal year ending June 30, 2003, for the purposes described 
  8.28  in sections 3 and 4. 
  8.29                             ARTICLE 2
  8.30                        PUBLIC SAFETY POLICY
  8.31     Section 1.  Minnesota Statutes 2000, section 299F.72, 
  8.32  subdivision 1, is amended to read: 
  8.33     Subdivision 1.  [SCOPE.] For the purposes of sections 
  8.34  299F.72 to 299F.831; 609.48, subdivision 4; 609.52, subdivision 
  8.35  3; 609.561; 609.562; and 609.563; and 609.713, the terms defined 
  8.36  in this section have the meanings given them. 
  9.1      Sec. 2.  Minnesota Statutes 2000, section 609.106, 
  9.2   subdivision 2, is amended to read: 
  9.3      Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
  9.4   a person to life imprisonment without possibility of release 
  9.5   under the following circumstances: 
  9.6      (1) the person is convicted of first degree murder under 
  9.7   section 609.185, clause (2) or, (4), or (7); 
  9.8      (2) the person is convicted of committing first degree 
  9.9   murder in the course of a kidnapping under section 609.185, 
  9.10  clause (3); or 
  9.11     (3) the person is convicted of first degree murder under 
  9.12  section 609.185, clause (1), (3), (5), or (6), and the court 
  9.13  determines on the record at the time of sentencing that the 
  9.14  person has one or more previous convictions for a heinous crime. 
  9.15     Sec. 3.  Minnesota Statutes 2000, section 609.185, is 
  9.16  amended to read: 
  9.17     609.185 [MURDER IN THE FIRST DEGREE.] 
  9.18     (a) Whoever does any of the following is guilty of murder 
  9.19  in the first degree and shall be sentenced to imprisonment for 
  9.20  life: 
  9.21     (1) causes the death of a human being with premeditation 
  9.22  and with intent to effect the death of the person or of another; 
  9.23     (2) causes the death of a human being while committing or 
  9.24  attempting to commit criminal sexual conduct in the first or 
  9.25  second degree with force or violence, either upon or affecting 
  9.26  the person or another; 
  9.27     (3) causes the death of a human being with intent to effect 
  9.28  the death of the person or another, while committing or 
  9.29  attempting to commit burglary, aggravated robbery, kidnapping, 
  9.30  arson in the first or second degree, a drive-by shooting, 
  9.31  tampering with a witness in the first degree, escape from 
  9.32  custody, or any felony violation of chapter 152 involving the 
  9.33  unlawful sale of a controlled substance; 
  9.34     (4) causes the death of a peace officer or a guard employed 
  9.35  at a Minnesota state or local correctional facility, with intent 
  9.36  to effect the death of that person or another, while the peace 
 10.1   officer or guard is engaged in the performance of official 
 10.2   duties; 
 10.3      (5) causes the death of a minor while committing child 
 10.4   abuse, when the perpetrator has engaged in a past pattern of 
 10.5   child abuse upon the child and the death occurs under 
 10.6   circumstances manifesting an extreme indifference to human life; 
 10.7   or 
 10.8      (6) causes the death of a human being while committing 
 10.9   domestic abuse, when the perpetrator has engaged in a past 
 10.10  pattern of domestic abuse upon the victim or upon another family 
 10.11  or household member and the death occurs under circumstances 
 10.12  manifesting an extreme indifference to human life; or 
 10.13     (7) causes the death of a human being while committing, 
 10.14  conspiring to commit, or attempting to commit an act of 
 10.15  terrorism. 
 10.16     (b) For purposes of paragraph (a), clause (5), "child abuse"
 10.17  means an act committed against a minor victim that constitutes a 
 10.18  violation of the following laws of this state or any similar 
 10.19  laws of the United States or any other state:  section 609.221; 
 10.20  609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344; 
 10.21  609.345; 609.377; 609.378; or 609.713. 
 10.22     (c) For purposes of paragraph (a), clause (6), "domestic 
 10.23  abuse" means an act that: 
 10.24     (1) constitutes a violation of section 609.221, 609.222, 
 10.25  609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345, 
 10.26  609.713, or any similar laws of the United States or any other 
 10.27  state; and 
 10.28     (2) is committed against the victim who is a family or 
 10.29  household member as defined in section 518B.01, subdivision 2, 
 10.30  paragraph (b). 
 10.31     (d) For purposes of paragraph (a), clause (7), "act of 
 10.32  terrorism" means an act that is intended to harm human life and 
 10.33  to: 
 10.34     (1) intimidate, injure, or coerce members of the public in 
 10.35  addition to the direct victims of the act; 
 10.36     (2) influence the policy of a government by intimidation or 
 11.1   coercion; or 
 11.2      (3) affect the conduct of government through destruction of 
 11.3   property, assassination, murder, kidnapping, or theft of motor 
 11.4   vehicles, aircraft, trains, water-going vessels, or other means 
 11.5   of transportation.  
 11.6      Sec. 4.  Minnesota Statutes 2001 Supplement, section 
 11.7   609.495, is amended by adding a subdivision to read: 
 11.8      Subd. 4.  [TAKING RESPONSIBILITY FOR CRIMINAL ACTS.] (a) 
 11.9   Unless the person is convicted of the underlying crime, a person 
 11.10  who promotes, advocates, and assumes responsibility for a 
 11.11  criminal act with the intent to instigate the unlawful conduct 
 11.12  of others or to obstruct, impede, or prevent a criminal 
 11.13  investigation is guilty of a gross misdemeanor. 
 11.14     (b) Nothing in this subdivision shall be construed to 
 11.15  impair the right of any individual or group to engage in speech 
 11.16  protected by the United States Constitution or the Minnesota 
 11.17  Constitution. 
 11.18     Sec. 5.  Minnesota Statutes 2000, section 609.505, is 
 11.19  amended to read: 
 11.20     609.505 [FALSELY REPORTING CRIME.] 
 11.21     (a) Whoever informs a law enforcement officer that a crime 
 11.22  has been committed, knowing that it is false and intending that 
 11.23  the officer shall act in reliance upon it, is guilty of a 
 11.24  misdemeanor.  A person who is convicted a second or subsequent 
 11.25  time under this section is guilty of a gross misdemeanor. 
 11.26     (b) Whoever informs a law enforcement officer that an act 
 11.27  of terrorism, as defined in section 609.185, paragraph (d), has 
 11.28  been committed, knowing that it is false and intending that the 
 11.29  officer shall act in reliance upon it, is guilty of a felony and 
 11.30  may be sentenced to imprisonment for not more than three years, 
 11.31  or to payment of a fine of not more than $5,000, or both. 
 11.32     Sec. 6.  Minnesota Statutes 2000, section 609.605, is 
 11.33  amended by adding a subdivision to read: 
 11.34     Subd. 5.  [TRESPASS ON PUBLIC UTILITY OR CRITICAL PUBLIC 
 11.35  SERVICE FACILITY.] (a) For purposes of this subdivision: 
 11.36     (1) "critical public service facility" includes railroad 
 12.1   facilities, bus stations, airports, and other mass transit 
 12.2   facilities; and oil refineries; and 
 12.3      (2) "public utility" means:  
 12.4      (i) an organization defined as a utility in section 
 12.5   216C.06, subdivision 5; or that is subject to the regulations of 
 12.6   the federal Nuclear Regulatory Agency or Department of Energy as 
 12.7   of February 1, 2002; 
 12.8      (ii) a telecommunications carrier or telephone company 
 12.9   regulated under chapter 237; or subject to the regulations of 
 12.10  the Federal Communications Commission as of February 1, 2002; or 
 12.11     (iii) a local utility or enterprise formed for the purpose 
 12.12  of providing electrical or gas heating and power, telephone, 
 12.13  water, sewage, wastewater, or other related utility service, 
 12.14  which is owned, controlled, or regulated by a town, a statutory 
 12.15  or home rule charter city, a county, a port development 
 12.16  authority, the metropolitan council, a district heating 
 12.17  authority, a regional commission or other regional government 
 12.18  unit, or a combination of these governmental units. 
 12.19     (b) Whoever trespasses upon the grounds of a public utility 
 12.20  or a critical public service facility without authorization, 
 12.21  claim of right, or consent of one who has the right to give 
 12.22  consent, is guilty of a gross misdemeanor if: 
 12.23     (1) the person refuses to depart from the grounds of the 
 12.24  public utility or critical public service facility on the demand 
 12.25  of one who has the right to give consent; or 
 12.26     (2) the public utility or critical public service facility 
 12.27  grounds are posted.  
 12.28     (c) For purposes of paragraph (b), public utility or 
 12.29  critical public service facility grounds are posted if there are 
 12.30  signs that: 
 12.31     (1) state "no trespassing" or similar terms; 
 12.32     (2) display letters at least two inches high; 
 12.33     (3) state that the property is grounds of a public utility 
 12.34  or critical public service facility; and 
 12.35     (4) are posted in a conspicuous place on the exterior of 
 12.36  any building located on the grounds and at intervals of 500 feet 
 13.1   or less along the boundary of the grounds.  
 13.2      Sec. 7.  [609.712] [BIOLOGICAL AGENTS, TOXIC CHEMICALS, 
 13.3   TOXINS, OR RADIOACTIVE MATERIALS.] 
 13.4      Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 13.5   the following terms have the meanings given them in this 
 13.6   subdivision. 
 13.7      (b) "Biological agent" means any microorganism, virus, 
 13.8   infectious substance, or biological product that may be 
 13.9   engineered as a result of biotechnology, or any naturally 
 13.10  occurring or bioengineered component of a microorganism, virus, 
 13.11  infectious substance, or biological product, that is capable of 
 13.12  causing: 
 13.13     (1) death, disease, or other biological malfunction in a 
 13.14  human, an animal, a plant, or another living organism; 
 13.15     (2) deterioration of food, water, equipment, supplies, or 
 13.16  material of any kind; or 
 13.17     (3) deleterious alteration of the environment. 
 13.18     (c) "Toxic chemical" means any chemical, which through its 
 13.19  chemical action on life processes can cause death, temporary 
 13.20  incapacitation, or permanent harm to humans or animals.  The 
 13.21  term includes all of these chemicals, regardless of their origin 
 13.22  or method of production, and regardless of whether they are 
 13.23  produced in facilities, in munitions, or elsewhere.  
 13.24     (d) "Toxin" means the toxic material of plants, animals, 
 13.25  microorganisms, viruses, fungi, or infectious substances, or a 
 13.26  recombinant molecule, whatever its origin or method of 
 13.27  production, including: 
 13.28     (1) any poisonous substance or biological product that may 
 13.29  be engineered as a result of biotechnology or produced by a 
 13.30  living organism; or 
 13.31     (2) any poisonous isomer or biological product, homolog, or 
 13.32  derivative of such a substance.  
 13.33     Subd. 2.  [USE OR POSSESSION.] Whoever acquires, transfers, 
 13.34  retains, possesses, uses, or employs a biological agent, toxic 
 13.35  chemical, toxin, or radioactive material with intent to cause 
 13.36  death, disease, or injury to another or to the property of 
 14.1   another may be sentenced to imprisonment for not more than 25 
 14.2   years or to payment of a fine of not more than $100,000, or 
 14.3   both.  Notwithstanding section 609.04, a prosecution for or 
 14.4   conviction of this section is not a bar to conviction of or 
 14.5   punishment for any other crime committed during the time of or 
 14.6   as a result of the use or possession of a biological agent, 
 14.7   toxic chemical, toxin, or radioactive material.  
 14.8      Sec. 8.  [609.7122] [SOLICITATION TO COMMIT TERRORISM.] 
 14.9      A person who aids another to commit a violation of section 
 14.10  609.712 or an act of terrorism as defined in section 609.185, 
 14.11  paragraph (d), through financial contributions, or collects 
 14.12  material support or resources, knowing that the material 
 14.13  support, resources, or contributions, will be used to commit 
 14.14  such acts, is guilty of committing solicitation to commit 
 14.15  terrorism and may be sentenced to imprisonment for not more than 
 14.16  ten years or to payment of a fine of not more than $20,000. 
 14.17     Sec. 9.  Minnesota Statutes 2000, section 609.713, 
 14.18  subdivision 1, is amended to read: 
 14.19     Subdivision 1.  Whoever threatens, directly or indirectly, 
 14.20  to commit any crime of violence with purpose to terrorize 
 14.21  another or to cause evacuation of a building, place of assembly, 
 14.22  vehicle or facility of public transportation or otherwise to 
 14.23  cause serious public inconvenience place, whether a building or 
 14.24  not, or disruption of another's activities, or in a reckless 
 14.25  disregard of the risk of causing such terror or inconvenience, 
 14.26  evacuation, or disruption, may be sentenced to imprisonment for 
 14.27  not more than five years or to payment of a fine of not more 
 14.28  than $10,000, or both.  As used in this subdivision, "crime of 
 14.29  violence" has the meaning given "violent crime" in section 
 14.30  609.1095, subdivision 1, paragraph (d). 
 14.31     Sec. 10.  Minnesota Statutes 2000, section 609.713, 
 14.32  subdivision 2, is amended to read: 
 14.33     Subd. 2.  (a) Whoever communicates to another with purpose 
 14.34  to terrorize another or in reckless disregard of the risk of 
 14.35  causing such terror, that explosives or an explosive device or 
 14.36  any incendiary device is present at a named place or location, 
 15.1   whether or not the same is in fact present, may be sentenced to 
 15.2   imprisonment for not more than three ten years or to payment of 
 15.3   a fine of not more than $3,000 $20,000, or both. 
 15.4      (b) As used in this subdivision, "explosive" has the 
 15.5   meaning given in section 299F.72, subdivision 2.  
 15.6      Sec. 11.  Minnesota Statutes 2000, section 609.713, is 
 15.7   amended by adding a subdivision to read: 
 15.8      Subd. 4.  [THREATS OF BIOLOGICAL AGENTS, TOXIC CHEMICALS, 
 15.9   TOXINS, OR RADIOACTIVE MATERIALS.] Whoever does the following 
 15.10  with intent to terrorize another or cause evacuation of a place, 
 15.11  whether a building or not, or disruption of another's 
 15.12  activities, or with reckless disregard of the risk of causing 
 15.13  this terror, evacuation, or disruption, may be sentenced to 
 15.14  imprisonment for not more than ten years or to payment of a fine 
 15.15  of not more than $20,000, or both:  
 15.16     (1) displays, releases, exhibits, threatens, or 
 15.17  communicates, whether directly or indirectly, that a biological 
 15.18  agent, toxic chemical, toxin, or radioactive material, as these 
 15.19  terms are defined in section 609.712, subdivision 1, is or will 
 15.20  be present or introduced at a place or location, or will be used 
 15.21  to cause death, disease, or injury to another or to another's 
 15.22  property, whether or not the same is in fact present, 
 15.23  introduced, or used; or 
 15.24     (2) commits conduct described in clause (1) with a 
 15.25  simulated substance that would cause a reasonable person to 
 15.26  believe that the substance was a biological agent, toxic 
 15.27  chemical, toxin, or radioactive material. 
 15.28     Sec. 12.  [EFFECTIVE DATE.] 
 15.29     Sections 1 to 11 are effective August 1, 2002, and apply to 
 15.30  crimes committed on or after that date.