Engrossments
Introduction		Posted on 03/01/2006
1st Engrossment		Posted on 05/02/2006

A bill for an act
relating to public safety; establishing, modifying, and regulating public safety,
criminal justice, law enforcement, victim services, and corrections policies,
programs, reports, activities, or practices; providing background checks for
governor appointees; defining and modifying provisions regulating sale and
possession of prohibited drug paraphernalia; requiring access to chemical
dependency treatment programs and review of substance abuse assessment
process; removing sunset from Blakely sentencing hearings and applying Blakely
to other sentencing enhancements; requiring best practices for handling death
scene investigations; creating the Forensic Laboratory Advisory Board; requiring
reporting of forensic analyses professional negligence or misconduct; requiring
law enforcement to take missing person reports; enhancing penalties for failing
to control regulated animals when harm results; providing for enforcement of
foreign protective orders; amending labor and sex trafficking law; modifying
certain controlled substance, DWI, and traffic safety provisions; requiring persons
operating vessels or facilities storing hazardous substances to take security
measures and develop security plans; requiring installation of carbon monoxide
alarms in dwellings; providing for inmate health care decisions; requiring
each county to have a coroner or medical examiner; providing professional
requirements for coroners and medical examiners; providing a procedure to
select the Hennepin County medical examiner; providing for medical examiner
and coroner staff; requiring coroner or medical examiner investigation of certain
deaths; authorizing autopsies by coroners or medical examiners; authorizing
burial disposition and property release by coroner or medical examiners;
providing for cause of death records to be prepared by coroners or medical
examiners in the case of suicidal, homicidal, or other mysterious deaths;
authorizing coroners or medical examiners, upon request by the district court,
county attorney, law enforcement agency, or defense counsel, to make physical
examinations; applying Blakely provisions to criminal prosecutions involving
fire arms; requiring mandatory sentences for certain defined engrained offenders;
increasing certain monetary thresholds for theft, dishonored checks, and damage
to property offenses; creating a crime of unlawful conduct relating to telephone
records; requiring conditional release terms for certain persons convicted of
sexual performance crimes; establishing a collateral consequences committee
to identify collateral consequences of convictions and to recommend legislative
changes; adopting, rejecting, and modifying certain Sentencing Guidelines
Commission changes; appropriating money; amending Minnesota Statutes 2004,
sections 13.6905, by adding a subdivision; 115E.01, subdivisions 5, 6, 7, 13, by
adding subdivisions; 115E.04, subdivision 2, by adding subdivisions; 115E.05,
subdivisions 1, 2; 115E.08, subdivision 3; 144.445, subdivision 1; 144.7401, by
adding a subdivision; 152.01, subdivision 18; 152.093; 152.18, subdivision 1;
169A.24, subdivision 1; 169A.70, by adding a subdivision; 181.973; 241.016,
subdivision 1; 299F.011, subdivision 5; 346.155, subdivisions 1, 4, 5, 10, by
adding a subdivision; 390.005; 390.01; 390.04; 390.11; 390.111; 390.15; 390.21;
390.221; 390.23; 390.25; 488A.03, subdivisions 6, 11; 518B.01, subdivision
14, by adding a subdivision; 609.11, subdivision 7; 609.153, subdivision 1;
609.2231, subdivision 6; 609.224, subdivisions 2, 4; 609.2242, subdivisions 2, 4;
609.495, by adding a subdivision; 609.52, subdivision 3; 609.535, subdivision
2a; 609.595, subdivisions 1, 2; 609.748, subdivision 6; 609.749, subdivision 4;
611A.0315; 617.246, by adding a subdivision; 617.247, by adding a subdivision;
624.22, subdivision 8; 631.425, subdivision 3; 641.265, subdivision 2; Minnesota
Statutes 2005 Supplement, sections 171.18, subdivision 1; 241.06, by adding a
subdivision; 243.166, subdivisions 1b, 6; 244.055, subdivisions 10, 11; 244.10,
subdivisions 5, 6, 7; 299C.105, subdivision 3; 299C.40, subdivision 1; 299C.405;
299C.65, subdivision 2; 390.05; 518B.01, subdivision 22; 609.02, subdivision
16; 609.282; 609.283; 609.3455, subdivisions 4, 8, by adding a subdivision;
Laws 2005, chapter 136, article 1, section 13, subdivision 3; article 16, sections
3; 4; 5; 6; proposing coding for new law in Minnesota Statutes, chapters 4; 115E;
152; 241; 299A; 299C; 299F; 390; 609; repealing Minnesota Statutes 2004,
sections 152.094; 383A.36; 383B.225, subdivisions 1, 2, 3, 4, 6, 7, 8, 9, 10,
11, 12, 13; 390.006; 390.06; 390.07; 390.16; 390.17; 390.19; 390.20; 390.24;
390.36; 488A.03, subdivision 11b; 609.108, subdivision 5; 609.109, subdivisions
1, 3; Minnesota Statutes 2005 Supplement, sections 383B.225, subdivision 5;
609.108, subdivisions 1, 3, 4, 6, 7; 609.109, subdivisions 2, 4, 5, 6.

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

ARTICLE 1

GENERAL CRIMINAL AND SENTENCING PROVISIONS

Section 1.

Minnesota Statutes 2005 Supplement, section 244.10, subdivision 5, is
amended to read:

Subd. 5.

Procedures in cases where state intends to seek an aggravated
departure.

(a) When the prosecutor provides reasonable notice under subdivision 4, the
district court shall allow the state to prove beyond a reasonable doubt to a jury of 12
members the factors in support of the state's request for an aggravated departure from
the Sentencing Guidelines new text begin or the state's request for an aggravated sentence under any
sentencing enhancement statute or the state's request for a mandatory minimum under
section 609.11 new text end as provided in paragraph (b) or (c).

(b) The district court shall allow a unitary trial and final argument to a jury regarding
both evidence in support of the elements of the offense and evidence in support of
aggravating factors when the evidence in support of the aggravating factors:

(1) would be admissible as part of the trial on the elements of the offense; or

(2) would not result in unfair prejudice to the defendant.

The existence of each aggravating factor shall be determined by use of a special
verdict form.

Upon the request of the prosecutor, the court shall allow bifurcated argument and
jury deliberations.

(c) The district court shall bifurcate the proceedings, or impanel a resentencing jury,
to allow for the production of evidence, argument, and deliberations on the existence of
factors in support of an aggravated departure after the return of a guilty verdict when the
evidence in support of an aggravated departure:

(1) includes evidence that is otherwise inadmissible at a trial on the elements of
the offense; and

(2) would result in unfair prejudice to the defendant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2005 Supplement, section 244.10, subdivision 6, is
amended to read:

Subd. 6.

Defendants to present evidence and argument.

In either a unitary or
bifurcated trial under subdivision 5, a defendant shall be allowed to present evidence
and argument to the jury or factfinder regarding whether facts exist that would justify
an aggravated deleted text begin durationaldeleted text end departurenew text begin or an aggravated sentence under any sentencing
enhancement statute or a mandatory minimum sentence under section 609.11new text end . A defendant
is not allowed to present evidence or argument to the jury or factfinder regarding facts in
support of a mitigated departure during the trial, but may present evidence and argument
in support of a mitigated departure to the judge as factfinder during a sentencing hearing.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Minnesota Statutes 2005 Supplement, section 244.10, subdivision 7, is
amended to read:

Subd. 7.

Waiver of jury determination.

The defendant may waive the right to a
jury determination of whether facts exist that would justify an aggravated sentence. Upon
receipt of a waiver of a jury trial on this issue, the district court shall determine beyond
a reasonable doubt whether the factors in support of the state's motion for aggravated
departure new text begin or an aggravated sentence under any sentencing enhancement statute or a
mandatory minimum sentence under section 609.11 new text end exist.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

Minnesota Statutes 2004, section 346.155, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

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

(b) "Person" means any natural person, firm, partnership, corporation, or association,
however organized.

(1) operates a place of refuge where abused, neglected, unwanted, impounded,
abandoned, orphaned, or displaced wildlife are provided care for their lifetime;

(2) does not conduct any commercial activity with respect to any animal of which
the organization is an owner; and

(3) does not buy, sell, trade, auction, lease, loan, or breed any animal of which the
organization is an owner, except as an integral part of the species survival plan of the
American Zoo and Aquarium Association.

(d) "Possess" means to own, care for, have custody of, or control.

(e) "Regulated animal" means:

(1) all members of the Felidae family including, but not limited to, lions, tigers,
cougars, leopards, cheetahs, ocelots, and servals, but not including domestic cats or cats
recognized as a domestic breed, registered as a domestic breed, and shown as a domestic
breed by a national or international multibreed cat registry association;

(2) bears; and

(3) all nonhuman primates, including, but not limited to, lemurs, monkeys,
chimpanzees, gorillas, orangutans, marmosets, lorises, and tamarins.

Regulated animal includes any hybrid or cross between an animal listed in clause
(1), (2), or (3) and a domestic animal and offspring from all subsequent generations of
those crosses or hybrids.

(f) "Local animal control authority" means an agency of the state, county,
municipality, or other governmental subdivision of the state that is responsible for animal
control operations in its jurisdiction.

new text begin (g) "Bodily harm," "substantial bodily harm," and "great bodily harm" have the
meanings given them in section 609.02.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 5.

Minnesota Statutes 2004, section 346.155, subdivision 4, is amended to read:

Subd. 4.

Requirements.

(a) A person who possesses a regulated animal must
maintain health and ownership records on each animal and must maintain the records
for the life of the animal. If possession of the regulated animal is transferred to another
person, a copy of the health and ownership records must accompany the animal.

(b) A person who possesses a regulated animal must maintain an ongoing program
of veterinary care which includes a veterinary visit to the premises at least annually.

(c) A person who possesses a regulated animal must notify the local animal control
authority in writing within ten days of a change in address or location where the regulated
animal is kept.new text begin The notification of change in address or location form must be prepared by
the Minnesota Animal Control Association and approved by the Board of Animal Health.
new text end

(d) A person with a United States Department of Agriculture license for regulated
animals shall forward a copy of the United States Department of Agriculture inspection
report to the local animal control authority within 30 days of receipt of the inspection
report.

(e) A person who possesses a regulated animal shall prominently display a sign on
the structure where the animal is housed indicating that anew text begin dangerous new text end regulated animal
is on the premises.

(f) A person who possesses a regulated animal must notify, as soon as practicable,
local law enforcement officials of any escape of a regulated animal. The person who
possesses the regulated animal is liable for any costs incurred by any person, city, county,
or state agency resulting from the escape of a regulated animal unless the escape is due to
a criminal act by another person or a natural event.

(g) A person who possesses a regulated animal must maintain a written recovery
plan in the event of the escape of a regulated animal. The person must maintain live traps,
or other equipment necessary to assist in the recovery of the regulated animal.

(h) deleted text begin If requested by the local animal control authority,deleted text end A person may not move a
regulated animal from its location unless the person notifies the local animal control
authority prior to moving the animal. The notification must include the date and the
location where the animal is new text begin to be new text end moved. This paragraph does not apply to a regulated
animal transported to a licensed veterinarian.

(i) If a person who possesses a regulated animal can no longer care for the animal,
the person shall take steps to find long-term placement for the regulated animal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end

Sec. 6.

Minnesota Statutes 2004, section 346.155, subdivision 5, is amended to read:

Subd. 5.

Seizure.

(a) The local animal control authority, upon issuance of a
notice of inspection, must be granted access at reasonable times to sites where the local
animal control authority has reason to believe a violation of this chapter is occurring or
has occurred.

(b) If a person who possesses a regulated animal is not in compliance with the
requirements of this section, the local animal control authority shall take possession of the
animal for custody and care, provided that the procedures in this subdivision are followed.

(c) Upon request of a person possessing a regulated animal, the local animal control
authority may allow the animal to remain in the physical custody of the owner for 30 days,
during which time the owner shall take all necessary actions to come in compliance with
this section. During the 30-day period, the local animal control authority may inspect, at
any reasonable time, the premises where the animal is kept.

(d) If a person who possesses a regulated animal is not in compliance with this
section following the 30-day period described in paragraph (c), the local animal control
authority shall seize the animal and place it in a holding facility that is appropriate for the
species for up to ten days.

new text begin (e) new text end The authority taking custody of an animal under this section shall provide a
notice of the seizure by delivering or mailing it to the owner, by posting a copy of it at
the place where the animal is taken into custody, or by delivering it to a person residing
on the property. The notice must include:

(1) a description of the animal seized; the authority for and purpose of the seizure;
the time, place, and circumstances under which the animal was seized; and a contact
person and telephone number;

(2) a statement that a person from whom a regulated animal was seized may post
security to prevent disposition of the animal and may request a hearing concerning the
seizure and that failure to do so within five business days of the date of the notice will
result in disposition of the animal;

(3) a statement that actual costs of the care, keeping, and disposal of the regulated
animal are the responsibility of the person from whom the animal was seized, except to
the extent that a court or hearing officer finds that the seizure or impoundment was not
substantially justified by law; and

(4) a form that can be used by a person from whom a regulated animal was seized
for requesting a hearing under this subdivision.

deleted text begin (e)deleted text end new text begin (f) new text end If a person from whom the regulated animal was seized makes a request
within five business days of the seizure, a hearing must be held within five business days
of the request to determine the validity of the seizure and disposition of the animal. The
judge or hearing officer may authorize the return of the animal to the person from whom
the animal was seized if the judge or hearing officer finds:

(1) that the person can and will provide the care required by law for the regulated
animal; and

(2) the regulated animal is physically fit.

deleted text begin (f)deleted text end new text begin (g) new text end If a judge or hearing officer orders a permanent disposition of the regulated
animal, the local animal control authority may take steps to find long-term placement for
the animal with a wildlife sanctuary, persons authorized by the Department of Natural
Resources, or an appropriate United States Department of Agriculture licensed facility.

deleted text begin (g)deleted text end new text begin (h) new text end A person from whom a regulated animal is seized is liable for all actual costs
of care, keeping, and disposal of the animal, except to the extent that a court or hearing
officer finds that the seizure was not substantially justified by law. The costs must be paid
in full or a mutually satisfactory arrangement for payment must be made between the
local animal control authority and the person claiming an interest in the animal before
return of the animal to the person.

deleted text begin (h)deleted text end new text begin (i) new text end A person from whom a regulated animal has been seized under this
subdivision may prevent disposition of the animal by posting security in the amount
sufficient to provide for the actual costs of care and keeping of the animal. The security
must be posted within five business days of the seizure, inclusive of the day of the seizure.

deleted text begin (i)deleted text end new text begin (j) new text end If circumstances exist threatening the life of a person or the life of any animal,
local law enforcement or the local animal control authority deleted text begin shalldeleted text end new text begin may new text end seize a regulated
animal without an opportunity for hearing or court order, or destroy the animal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end

Sec. 7.

Minnesota Statutes 2004, section 346.155, is amended by adding a subdivision
to read:

new text begin Subd. 9a. new text end

new text begin Confinement and control. new text end

new text begin A person violates this subdivision who
possesses a regulated animal and negligently fails to control the animal or keep it properly
confined and as a result the animal causes bodily harm, substantial bodily harm, or great
bodily harm to another person.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 8.

Minnesota Statutes 2004, section 346.155, subdivision 10, is amended to read:

Subd. 10.

Penalty.

new text begin (a) new text end A person who knowingly violates subdivision 2, 3, new text begin paragraph
(b) or (c), new text end or 4 is guilty of a misdemeanor.

new text begin (b) A person who knowingly violates subdivision 3, paragraph (a), is guilty of a
gross misdemeanor.
new text end

new text begin (c) A person who violates subdivision 9a, resulting in bodily harm is guilty of a
misdemeanor and may be sentenced to imprisonment for not more than 90 days or to
payment of a fine of not more than $1,000, or both.
new text end

new text begin (d) A person who violates subdivision 9a, resulting in substantial bodily harm is
guilty of a gross misdemeanor 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 end

new text begin (e) A person who violates subdivision 9a, resulting in great bodily harm or death
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 $5,000, or both, unless a greater penalty is
provided elsewhere.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 9.

Minnesota Statutes 2004, section 488A.03, subdivision 6, is amended to read:

Subd. 6.

Disposition of fines, fees and other money; accounts.

(a) Except as
otherwise provided deleted text begin hereindeleted text end new text begin within this subdivision new text end and except as otherwise provided by law,
the court administrator shall pay deleted text begin to the Hennepin county treasurerdeleted text end all fines and penalties
collected by the court administrator, all fees collected by the court administrator for court
administrator's services, all sums forfeited to the court as deleted text begin hereinafterdeleted text end providednew text begin in this
subdivisionnew text end , and all other money received by the court administratordeleted text begin .deleted text end new text begin to the subdivision
of government entitled to it as follows on or before the 20th day after the last day of
the month in which the money was collected. Eighty percent of all fines and penalties
collected during the previous month shall be paid to the treasurer of the municipality or
subdivision of government where the crime was committed. The remainder of the fines
and penalties shall be credited to the general fund of the state. In all cases in which the
county attorney had charge of the prosecution, all fines and penalties shall be credited
to the state general fund.
new text end

(b) The court administrator shall deleted text begin provide the county treasurer withdeleted text end new text begin identifynew text end the name
of the municipality or other subdivision of government where the offense was committed
deleted text begin and the name and official position of the officer who prosecuted the offense for each fine
or penalty,deleted text end and the total amount of fines or penalties collected for each deleted text begin suchdeleted text end municipality
or other subdivision of governmentnew text begin , new text end deleted text begin ordeleted text end for the countynew text begin , or for the statenew text end .

deleted text begin (c) At the beginning of the first day of any month the amount owing to any
municipality or county in the hands of the court administrator shall not exceed $5,000.
deleted text end

deleted text begin (d) On or before the last day of each month the county treasurer shall pay over to
the treasurer of each municipality or subdivision of government in Hennepin County all
fines or penalties collected during the previous month for offenses committed within
such municipality or subdivision of government, except that all such fines and penalties
attributable to cases in which the county attorney had charge of the prosecution shall be
retained by the county treasurer and credited to the county general revenue fund.
deleted text end

deleted text begin (e) deleted text end new text begin (c) new text end Amounts represented by checks issued by the court administrator or received
by the court administrator which have not cleared by the end of the month may be shown
on the monthly account as having been paid or received, subject to adjustment on later
monthly accounts.

deleted text begin (f)deleted text end new text begin (d) new text end The court administrator may receive negotiable instruments in payment
of fines, penalties, fees or other obligations as conditional payments, and is not held
accountable deleted text begin therefordeleted text end new text begin for this new text end until collection in cash is made and then only to the extent of
the net collection after deduction of the necessary expense of collection.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 10.

Minnesota Statutes 2004, section 488A.03, subdivision 11, is amended to read:

Subd. 11.

Fees payable to administrator.

(a) The civil fees payable to the
administrator for services are the same in amount as the fees then payable to the District
Court of Hennepin County for like services. Library and filing fees are not required of
the defendant in an eviction action. The fees payable to the administrator for all other
services of the administrator or the court shall be fixed by rules promulgated by a majority
of the judges.

(b) Fees are payable to the administrator in advance.

deleted text begin (d) The following fees shall be taxed for all charges filed in court where applicable:
(a) The state of Minnesota and any governmental subdivision within the jurisdictional area
of any district court herein established may present cases for hearing before said district
court; (b) In the event the court takes jurisdiction of a prosecution for the violation of a
statute or ordinance by the state or a governmental subdivision other than a city or town
in Hennepin County, all fines, penalties, and forfeitures collected shall be paid over to
the treasurer of the governmental subdivision which submitted charges for prosecution
under ordinance violation and to the county treasurer in all other charges except where
a different disposition is provided by law, in which case, payment shall be made to
the public official entitled thereto. The following fees shall be taxed to the county or
to the state or governmental subdivision which would be entitled to payment of the
fines, forfeiture or penalties in any case, and shall be paid to the court administrator for
disposing of the matter:
deleted text end

deleted text begin (1) For each charge where the defendant is brought into court and pleads guilty and
is sentenced, or the matter is otherwise disposed of without trial .......... $5.
deleted text end

deleted text begin (2) In arraignments where the defendant waives a preliminary examination ..........
$10.
deleted text end

deleted text begin (3) For all other charges where the defendant stands trial or has a preliminary
examination by the court .......... $15.
deleted text end

deleted text begin (e) This paragraph applies to the distribution of fines paid by defendants without a
court appearance in response to a citation. On or before the tenth day after the last day of
the month in which the money was collected, the county treasurer shall pay 80 percent
of the fines to the treasurer of the municipality or subdivision within the county where
the violation was committed. The remainder of the fines shall be credited to the general
revenue fund of the county.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 11.

Minnesota Statutes 2004, section 518B.01, subdivision 14, is amended to read:

Subd. 14.

Violation of an order for protection.

(a) A person who violates an
order for protection issued by a judge or referee is subject to the penalties provided
in paragraphs (b) to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), whenever an order for
protection is granted by a judge or referee or pursuant to a similar law of another state,
the United States, the District of Columbia, tribal lands, or United States territories, and
the respondent or person to be restrained knows of the existence of the order, violation of
the order for protection is a misdemeanor. Upon a misdemeanor conviction under this
paragraph, the defendant must be sentenced to a minimum of three days imprisonment and
must be ordered to participate in counseling or other appropriate programs selected by
the court. If the court stays imposition or execution of the jail sentence and the defendant
refuses or fails to comply with the court's treatment order, the court must impose and
execute the stayed jail sentence. A violation of an order for protection shall also constitute
contempt of court and be subject to the penalties provided in chapter 588.

(c) A person is guilty of a gross misdemeanor who knowingly violates this
subdivision deleted text begin during the time period betweendeleted text end new text begin within ten years of new text end a previous qualified
domestic violence-related offense conviction deleted text begin and the end of the five years following
discharge from sentence for that offensedeleted text end new text begin or adjudication of delinquencynew text end . Upon a gross
misdemeanor conviction under this paragraph, the defendant must be sentenced to a
minimum of ten days imprisonment and must be ordered to participate in counseling or
other appropriate programs selected by the court. Notwithstanding section 609.135, the
court must impose and execute the minimum sentence provided in this paragraph for
gross misdemeanor convictions.

(d) A person is guilty of a felony and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both, if the
person knowingly violates this subdivision:

(1) deleted text begin during the time period betweendeleted text end new text begin within ten years of new text end the first of two or more
previous qualified domestic violence-related offense convictions deleted text begin and the end of the five
years following discharge from sentence for that offensedeleted text end new text begin or adjudications of delinquencynew text end ;
or

(2) while possessing a dangerous weapon, as defined in section 609.02, subdivision 6.

Upon a felony conviction under this paragraph in which the court stays imposition or
execution of sentence, the court shall impose at least a 30-day period of incarceration
as a condition of probation. The court also shall order that the defendant participate in
counseling or other appropriate programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence provided in this
paragraph for felony convictions.

(e) A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated an order granted
pursuant to this section or a similar law of another state, the United States, the District of
Columbia, tribal lands, or United States territories restraining the person or excluding the
person from the residence or the petitioner's place of employment, even if the violation
of the order did not take place in the presence of the peace officer, if the existence of the
order can be verified by the officer. The probable cause required under this paragraph
includes probable cause that the person knows of the existence of the order. If the order
has not been served, the officer shall immediately serve the order whenever reasonably
safe and possible to do so. An order for purposes of this subdivision, includes the short
form order described in subdivision 8a. When the order is first served upon the person
at a location at which, under the terms of the order, the person's presence constitutes a
violation, the person shall not be arrested for violation of the order without first being
given a reasonable opportunity to leave the location in the presence of the peace officer.
A person arrested under this paragraph shall be held in custody for at least 36 hours,
excluding the day of arrest, Sundays, and holidays, unless the person is released earlier by
a judge or judicial officer. A peace officer acting in good faith and exercising due care
in making an arrest pursuant to this paragraph is immune from civil liability that might
result from the officer's actions.

(f) If the court finds that the respondent has violated an order for protection and
that there is reason to believe that the respondent will commit a further violation of the
provisions of the order restraining the respondent from committing acts of domestic abuse
or excluding the respondent from the petitioner's residence, the court may require the
respondent to acknowledge an obligation to comply with the order on the record. The court
may require a bond sufficient to deter the respondent from committing further violations
of the order for protection, considering the financial resources of the respondent, and not
to exceed $10,000. If the respondent refuses to comply with an order to acknowledge the
obligation or post a bond under this paragraph, the court shall commit the respondent to
the county jail during the term of the order for protection or until the respondent complies
with the order under this paragraph. The warrant must state the cause of commitment,
with the sum and time for which any bond is required. If an order is issued under this
paragraph, the court may order the costs of the contempt action, or any part of them, to be
paid by the respondent. An order under this paragraph is appealable.

(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
party designated by the court, alleging that the respondent has violated any order for
protection granted pursuant to this section or a similar law of another state, the United
States, the District of Columbia, tribal lands, or United States territories, the court may
issue an order to the respondent, requiring the respondent to appear and show cause within
14 days why the respondent should not be found in contempt of court and punished
therefor. The hearing may be held by the court in any county in which the petitioner or
respondent temporarily or permanently resides at the time of the alleged violation, or in
the county in which the alleged violation occurred, if the petitioner and respondent do not
reside in this state. The court also shall refer the violation of the order for protection to the
appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).

(h) If it is alleged that the respondent has violated an order for protection issued under
subdivision 6 or a similar law of another state, the United States, the District of Columbia,
tribal lands, or United States territories, and the court finds that the order has expired
between the time of the alleged violation and the court's hearing on the violation, the court
may grant a new order for protection under subdivision 6 based solely on the respondent's
alleged violation of the prior order, to be effective until the hearing on the alleged violation
of the prior order. If the court finds that the respondent has violated the prior order, the
relief granted in the new order for protection shall be extended for a fixed period, not to
exceed one year, except when the court determines a longer fixed period is appropriate.

(i) The admittance into petitioner's dwelling of an abusing party excluded from the
dwelling under an order for protection is not a violation by the petitioner of the order
for protection.

A peace officer is not liable under section 609.43, clause (1), for a failure to perform
a duty required by paragraph (e).

(j) When a person is convicted under paragraph (b) or (c) of violating an order for
protection and the court determines that the person used a firearm in any way during
commission of the violation, the court may order that the person is prohibited from
possessing any type of firearm for any period longer than three years or for the remainder
of the person's life. A person who violates this paragraph is guilty of a gross misdemeanor.
At the time of the conviction, the court shall inform the defendant whether and for
how long the defendant is prohibited from possessing a firearm and that it is a gross
misdemeanor to violate this paragraph. The failure of the court to provide this information
to a defendant does not affect the applicability of the firearm possession prohibition or the
gross misdemeanor penalty to that defendant.

(k) Except as otherwise provided in paragraph (j), when a person is convicted
under paragraph (b) or (c) of violating an order for protection, the court shall inform
the defendant that the defendant is prohibited from possessing a pistol for three years
from the date of conviction and that it is a gross misdemeanor offense to violate this
prohibition. The failure of the court to provide this information to a defendant does not
affect the applicability of the pistol possession prohibition or the gross misdemeanor
penalty to that defendant.

(l) Except as otherwise provided in paragraph (j), a person is not entitled to possess a
pistol if the person has been convicted under paragraph (b) or (c) after August 1, 1996,
of violating an order for protection, unless three years have elapsed from the date of
conviction and, during that time, the person has not been convicted of any other violation
of this section. Property rights may not be abated but access may be restricted by the
courts. A person who possesses a pistol in violation of this paragraph is guilty of a gross
misdemeanor.

(m) If the court determines that a person convicted under paragraph (b) or (c) of
violating an order for protection owns or possesses a firearm and used it in any way during
the commission of the violation, it shall order that the firearm be summarily forfeited
under section 609.5316, subdivision 3.

new text begin EFFECTIVE DATE. new text end

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

Sec. 12.

Minnesota Statutes 2004, section 518B.01, is amended by adding a
subdivision to read:

new text begin Subd. 19a. new text end

new text begin Entry and enforcement of foreign protective orders. new text end

new text begin (a) As used in
this subdivision, "foreign protective order" means an order for protection entered by a
court of another state; an order by an Indian tribe or United States territory that would be a
protective order entered under this chapter; a temporary or permanent order or protective
order to exclude a respondent from a dwelling; or an order that establishes conditions of
release or is a protective order or sentencing order in a criminal prosecution arising from a
domestic abuse assault if it had been entered in Minnesota.
new text end

new text begin (b) A person for whom a foreign protection order has been issued or the issuing court
or tribunal may provide a certified or authenticated copy of a foreign protective order to the
court administrator in any county that would have venue if the original action was being
commenced in this state or in which the person in whose favor the order was entered may
be present, for filing and entering of the same into the state order for protection database.
new text end

new text begin (c) The court administrator shall file and enter foreign protective orders that are
not certified or authenticated, if supported by an affidavit of a person with personal
knowledge, subject to the penalties for perjury. The person protected by the order may
provide this affidavit.
new text end

new text begin (d) The court administrator shall provide copies of the order as required by this
section.
new text end

new text begin (e) A valid foreign protective order has the same effect and shall be enforced in the
same manner as an order for protection issued in this state whether or not filed with a court
administrator or otherwise entered in the state order for protection database.
new text end

new text begin (f) A foreign protective order is presumed valid if it meets all of the following:
new text end

new text begin (1) the order states the name of the protected individual and the individual against
whom enforcement is sought;
new text end

new text begin (2) the order has not expired;
new text end

new text begin (3) the order was issued by a court or tribunal that had jurisdiction over the parties
and subject matter under the law of the foreign jurisdiction; and
new text end

new text begin (4) the order was issued in accordance with the respondent's due process rights,
either after the respondent was provided with reasonable notice and an opportunity to be
heard before the court or tribunal that issued the order, or in the case of an ex parte order,
the respondent was granted notice and an opportunity to be heard within a reasonable
time after the order was issued.
new text end

new text begin (g) Proof that a foreign protective order failed to meet all of the factors listed in
paragraph (f) is an affirmative defense in any action seeking enforcement of the order.
new text end

new text begin (h) A peace officer shall treat a foreign protective order as a valid legal document
and shall make an arrest for a violation of the foreign protective order in the same manner
that a peace officer would make an arrest for a violation of a protective order issued
within this state.
new text end

new text begin (i) The fact that a foreign protective order has not been filed with the court
administrator or otherwise entered into the state order for protection database shall not be
grounds to refuse to enforce the terms of the order unless it is apparent to the officer that
the order is invalid on its face.
new text end

new text begin (j) A peace officer acting reasonably and in good faith in connection with the
enforcement of a foreign protective order is immune from civil and criminal liability in
any action arising in connection with the enforcement.
new text end

new text begin (k) Filing and service costs in connection with foreign protective orders are waived.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 13.

Minnesota Statutes 2005 Supplement, section 518B.01, subdivision 22,
is amended to read:

Subd. 22.

Domestic abuse no contact order.

(a) A domestic abuse no contact order
is an order issued by a court against a defendant in a criminal proceeding for:

(1) domestic abuse;

(2) harassment or stalking charged under section 609.749 and committed against
a family or household member;

(3) violation of an order for protection charged under subdivision 14; or

(4) violation of a prior domestic abuse no contact order charged under this
subdivision.

It includes pretrial orders before final disposition of the case and probationary orders
after sentencing.

(b) A person who knows of the existence of a domestic abuse no contact order issued
against the person and violates the order is guilty of a misdemeanor.

(c) new text begin A person is guilty of a gross misdemeanor who knowingly violates this
subdivision within ten years of a previous qualified domestic violence-related offense
conviction or adjudication of delinquency.
new text end

new text begin (d) new text end A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated a domestic abuse no
contact order, even if the violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by the officer. The person shall
be held in custody for at least 36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial officer. A peace officer acting
in good faith and exercising due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's actions.

new text begin EFFECTIVE DATE. new text end

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

Sec. 14.

Minnesota Statutes 2005 Supplement, section 609.02, subdivision 16, is
amended to read:

Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic
violence-related offense" includes the following offenses: sections 518B.01, subdivision
14 (violation of domestic abuse order for protection); new text begin 518B.01, subdivision 22
(violation of domestic abuse no contact order); new text end 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault);
609.224 (fifth-degree assault); 609.2242 (domestic assault); 609.2247 (domestic assault
by strangulation); 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.377 (malicious punishment of a child);
609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining
order); deleted text begin anddeleted text end 609.749 (harassment/stalking); new text begin and 609.78, subdivision 2 (interference with
an emergency call);new text end and similar laws of other states, the United States, the District of
Columbia, tribal lands, and United States territories.

new text begin EFFECTIVE DATE. new text end

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

Sec. 15.

Minnesota Statutes 2004, section 609.11, subdivision 7, is amended to read:

Subd. 7.

Prosecutor shall establish.

deleted text begin Whenever reasonable grounds exist to believe
that the defendant or an accomplice used a firearm or other dangerous weapon or had in
possession a firearm, at the time of commission of an offense listed in subdivision 9,
the prosecutor shall, at the time of trial or at the plea of guilty, present on the record
all evidence tending to establish that fact unless it is otherwise admitted on the record.deleted text end
The question of whether the defendant or an accomplice, at the time of commission of
an offense listed in subdivision 9, used a firearm or other dangerous weapon or had
in possession a firearm shall be determined by the deleted text begin court on the record deleted text end new text begin factfinder new text end at the
time of a verdict or finding of guilt at trial or the entry of a plea of guilty based upon the
record of the trial or the plea of guilty. The deleted text begin courtdeleted text end new text begin factfinder new text end shall new text begin also new text end determine deleted text begin on the
record at the time of sentencingdeleted text end whether the defendant has been convicted of a second or
subsequent offense in which the defendant or an accomplice, at the time of commission
of an offense listed in subdivision 9, used a firearm or other dangerous weapon or had
in possession a firearm.

new text begin EFFECTIVE DATE. new text end

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

Sec. 16.

Minnesota Statutes 2004, section 609.153, subdivision 1, is amended to read:

Subdivision 1.

Application.

This section applies to the following misdemeanor-level
crimes: sections new text begin 152.093 (manufacture or delivery of drug paraphernalia prohibited);
152.095 (advertisement of drug paraphernalia prohibited); new text end 609.324 (prostitution);
new text begin 609.3243 (loitering with intent to participate in prostitution); new text end 609.546 (motor vehicle
tampering); 609.595 (damage to property); and 609.66 (dangerous weapons);
new text begin misdemeanor-level violations of section 609.605 (trespass); new text end and violations of local
ordinances prohibiting the unlawful sale or possession of controlled substances.

new text begin EFFECTIVE DATE. new text end

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

Sec. 17.

Minnesota Statutes 2004, section 609.2231, subdivision 6, is amended to read:

Subd. 6.

Public employees with mandated duties.

A person is guilty of a gross
misdemeanor who:

(1) assaults an agricultural inspector, occupational safety and health investigator,
child protection worker, public health nurse, new text begin animal control officer, new text end or probation or parole
officer while the employee is engaged in the performance of a duty mandated by law,
court order, or ordinance;

(2) knows that the victim is a public employee engaged in the performance of the
official public duties of the office; and

(3) inflicts demonstrable bodily harm.

new text begin EFFECTIVE DATE. new text end

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

Sec. 18.

Minnesota Statutes 2004, section 609.224, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

(a) Whoever violates the provisions of subdivision
1 against the same victim deleted text begin during the time period betweendeleted text end new text begin within ten years of new text end a previous
qualified domestic violence-related offense conviction or adjudication of delinquency deleted text begin and
the end of the five years following discharge from sentence or disposition for that offense,deleted text end
is guilty of a gross misdemeanor 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.

(b) Whoever violates the provisions of subdivision 1 within deleted text begin twodeleted text end new text begin threenew text end years of
a previous qualified domestic violence-related offense conviction or adjudication of
delinquency is guilty of a gross misdemeanor 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.

(c) A caregiver, as defined in section 609.232, who is an individual and who violates
the provisions of subdivision 1 against a vulnerable adult, as defined in section 609.232, is
guilty of a gross misdemeanor 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 EFFECTIVE DATE. new text end

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

Sec. 19.

Minnesota Statutes 2004, section 609.224, subdivision 4, is amended to read:

Subd. 4.

Felony.

(a) Whoever violates the provisions of subdivision 1 against
the same victim deleted text begin during the time period betweendeleted text end new text begin within ten years of new text end the first of any
combination of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency deleted text begin and the end of the five years following
discharge from sentence or disposition for that offensedeleted text end is guilty of a felony and may be
sentenced to imprisonment for not more than five years or payment of a fine of not more
than $10,000, or both.

(b) Whoever violates the provisions of subdivision 1 within three years of the first
of any combination of two or more previous qualified domestic violence-related offense
convictions or adjudications of delinquency is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a fine of not more than
$10,000, or both.

new text begin EFFECTIVE DATE. new text end

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

Sec. 20.

Minnesota Statutes 2004, section 609.2242, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

Whoever violates subdivision 1 deleted text begin during the time
period betweendeleted text end new text begin within ten years of new text end a previous qualified domestic violence-related
offense conviction or adjudication of delinquency against a family or household member
as defined in section 518B.01, subdivision 2, deleted text begin and the end of the five years following
discharge from sentence or disposition for that offensedeleted text end is guilty of a gross misdemeanor
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 EFFECTIVE DATE. new text end

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

Sec. 21.

Minnesota Statutes 2004, section 609.2242, subdivision 4, is amended to read:

Subd. 4.

Felony.

Whoever violates the provisions of this section or section 609.224,
subdivision 1, against the same victim deleted text begin during the time period betweendeleted text end new text begin within ten years ofnew text end
the first of any combination of two or more previous qualified domestic violence-related
offense convictions or adjudications of delinquency deleted text begin and the end of the five years following
discharge from sentence or disposition for that offensedeleted text end is guilty of a felony and may be
sentenced to imprisonment for not more than five years or 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, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2005 Supplement, section 609.282, is amended to read:

609.282 LABOR TRAFFICKING.

new text begin Subdivision 1. new text end

new text begin Individuals under age 18. new text end

new text begin Whoever knowingly engages in the
labor trafficking of an individual who is under the age of 18 is guilty of a crime and
may be sentenced to imprisonment for not more than 20 years or to payment of a fine of
not more than $40,000, or both.
new text end

new text begin Subd. 2. new text end

new text begin Other offenses. new text end

Whoever knowingly engages in the labor trafficking of
another is guilty of a crime and may be sentenced to imprisonment for not more than 15
years or to payment of a fine of not more than $30,000, or both.

new text begin Subd. 3. new text end

new text begin Consent or age of victim not a defense. new text end

In a prosecution under this
section the consent or age of the victim is not a defense.

new text begin EFFECTIVE DATE. new text end

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

Sec. 23.

Minnesota Statutes 2005 Supplement, section 609.283, is amended to read:

609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN
FURTHERANCE OF LABOR OR SEX TRAFFICKING.

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

Unless the person's conduct constitutes a violation
of section 609.282, a person who knowingly destroys, conceals, removes, confiscates, or
possesses any actual or purported passport or other immigration document, or any other
actual or purported government identification document, of another person:

(1) in the course of a violation of section 609.282 or 609.322;

(2) with intent to violate section 609.282 or 609.322; or

(3) to prevent or restrict or to attempt to prevent or restrict, without lawful authority,
a person's liberty to move or travel, in order to maintain the labor or services of that person,
when the person is or has been a victim of a violation of section 609.282 or 609.322;

is guilty of a crime and may be sentenced new text begin 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 person who violates subdivision 1 may be sentenced as
follows:
new text end

new text begin (1) if the crime involves a victim under the age of 18, to imprisonment for not more
than ten years or to payment of a fine of $20,000, or both; or
new text end

new text begin (2) in other cases, new text end 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 Subd. 3. new text end

new text begin Consent or age of victim not a defense. new text end

In a prosecution under this
section the consent or age of the victim is not a defense.

new text begin EFFECTIVE DATE. new text end

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

Sec. 24.

Minnesota Statutes 2005 Supplement, section 609.3455, is amended by adding
a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Mandatory sentence for certain engrained offenders. new text end

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

new text begin (1) the court is imposing an executed sentence on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453;
new text end

new text begin (2) the factfinder determines that the offender is a danger to public safety; and
new text end

new text begin (3) the factfinder determines that the offender's criminal sexual behavior is so
engrained that the risk of reoffending is great without intensive psychotherapeutic
intervention or other long-term treatment or supervision extending beyond the presumptive
term of imprisonment and supervised release.
new text end

new text begin (b) The factfinder shall base its determination that the offender is a danger to public
safety on any of the following factors:
new text end

new text begin (1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;
new text end

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

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

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

new text begin (3) the offender planned or prepared for the crime prior to its commission.
new text end

new text begin (c) As used in this section, "predatory crime" has the meaning given in section
609.341, subdivision 22.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 25.

Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 4,
is amended to read:

Subd. 4.

Mandatory life sentence; repeat offenders.

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

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

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

(ii) the person received an upward durational departure from the sentencing
guidelines for the previous sex offense conviction; or

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

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

(ii) the person received an upward durational departure from the sentencing
guidelines for one of the prior sex offense convictions; or

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

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

new text begin EFFECTIVE DATE. new text end

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

Sec. 26.

Minnesota Statutes 2004, section 609.495, is amended by adding a subdivision
to read:

new text begin Subd. 5. new text end

new text begin Venue. new text end

new text begin An offense committed under subdivision 1 or 3 may be prosecuted
in:
new text end

new text begin (1) the county where the aiding or obstructing behavior occurred; or
new text end

new text begin (2) the county where the underlying criminal act occurred.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 27.

Minnesota Statutes 2004, 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), or (16); 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 deleted text begin $2,500deleted text end new text begin
$5,000new text end , 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:

(a) the value of the property or services stolen is more than deleted text begin $500deleted text end new text begin $1,000new text end but not
more than deleted text begin $2,500deleted text end new text begin $5,000new text end ; 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 deleted text begin $250deleted text end new text begin $500new text end but not more
than deleted text begin $500deleted text end new text begin $1,000new text end 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; 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 deleted text begin $500deleted text end new text begin $1,000new text end , 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 deleted text begin $250deleted text end new text begin $500new text end
but not more than deleted text begin $500deleted text end new text begin $1,000new text end ; or

(5) in all other cases where the value of the property or services stolen is deleted text begin $250deleted text end new text begin
$500new text end 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), and (13), 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, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 28.

Minnesota Statutes 2004, section 609.535, subdivision 2a, is amended to read:

Subd. 2a.

Penalties.

(a) A person who is convicted of issuing a dishonored check
under subdivision 2 may be sentenced as follows:

(1) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is more than deleted text begin $500deleted text end new text begin $1,000new text end ;

(2) 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 dishonored check, or checks aggregated under
paragraph (b), is more than deleted text begin $250deleted text end new text begin $500new text end but not more than deleted text begin $500deleted text end new text begin $1,000new text end ; or

(3) to imprisonment for not more than 90 days or to payment of a fine of not more
than $1,000, or both, if the value of the dishonored check, or checks aggregated under
paragraph (b), is not more than deleted text begin $250deleted text end new text begin $500new text end .

(b) In a prosecution under this subdivision, the value of dishonored checks issued
by the defendant in violation of this subdivision within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. 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 dishonored checks was issued 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, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 29.

Minnesota Statutes 2004, section 609.595, subdivision 1, is amended to read:

Subdivision 1.

Criminal damage to property in the first degree.

Whoever
intentionally causes damage to physical property of another without the latter's consent
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:

(1) the damage to the property caused a reasonably foreseeable risk of bodily
harm; or

(2) the property damaged belongs to a common carrier and the damage impairs the
service to the public rendered by the carrier; or

(3) the damage reduces the value of the property by more than deleted text begin $500deleted text end new text begin $1,000new text end measured
by the cost of repair and replacement; or

(4) the damage reduces the value of the property by more than deleted text begin $250deleted text end new text begin $500new text end measured
by the cost of repair and replacement and the defendant has been convicted within the
preceding three years of an offense under this subdivision or subdivision 2.

In any prosecution under clause (3), the value of any property damaged by the
defendant in violation of that clause within any six-month period may be aggregated and
the defendant charged accordingly in applying the provisions of this section; 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, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 30.

Minnesota Statutes 2004, section 609.595, subdivision 2, is amended to read:

Subd. 2.

Criminal damage to property in the third degree.

(a) Except as
otherwise provided in subdivision 1a, whoever intentionally causes damage to another
person's physical property without the other person's consent 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 damage reduces the value of the property by more than deleted text begin $250deleted text end new text begin $500new text end but not
more than deleted text begin $500deleted text end new text begin $1,000new text end as measured by the cost of repair and replacement.

(b) Whoever intentionally causes damage to another person's physical property
without the other person's consent because of the property owner's or another's actual
or perceived race, color, religion, sex, sexual orientation, disability as defined in section
363A.03, age, or national origin 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 damage reduces the
value of the property by not more than deleted text begin $250deleted text end new text begin $500new text end .

(c) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. 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, 2006, and applies to crimes
committed on or after that date.
new text end

Sec. 31.

Minnesota Statutes 2004, section 609.748, subdivision 6, is amended to read:

Subd. 6.

Violation of restraining order.

(a) A person who violates a restraining
order issued under this section is subject to the penalties provided in paragraphs (b) to (d).

(b) Except as otherwise provided in paragraphs (c) and (d), when a temporary
restraining order or a restraining order is granted under this section and the respondent
knows of the order, violation of the order is a misdemeanor.

(c) A person is guilty of a gross misdemeanor who knowingly violates the order
deleted text begin during the time period betweendeleted text end new text begin within ten years of new text end a previous qualified domestic
violence-related offense conviction deleted text begin and the end of the five years following discharge from
sentence for that offensedeleted text end new text begin or adjudication of delinquencynew text end .

(2) because of the victim's or another's actual or perceived race, color, religion, sex,
sexual orientation, disability as defined in section 363A.03, age, or national origin;

(3) by falsely impersonating another;

(4) while possessing a dangerous weapon;

(5) with an intent to influence or otherwise tamper with a juror or a judicial
proceeding or with intent to retaliate against a judicial officer, as defined in section
609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's
performance of official duties in connection with a judicial proceeding; or

(6) against a victim under the age of 18, if the respondent is more than 36 months
older than the victim.

(e) A peace officer shall arrest without a warrant and take into custody a person
whom the peace officer has probable cause to believe has violated an order issued under
subdivision 4 or 5 if the existence of the order can be verified by the officer.

(f) A violation of a temporary restraining order or restraining order shall also
constitute contempt of court.

(g) Upon the filing of an affidavit by the petitioner, any peace officer, or an interested
party designated by the court, alleging that the respondent has violated an order issued
under subdivision 4 or 5, the court may issue an order to the respondent requiring the
respondent to appear within 14 days and show cause why the respondent should not be
held in contempt of court. The court also shall refer the violation of the order to the
appropriate prosecuting authority for possible prosecution under paragraph (b), (c), or (d).

new text begin EFFECTIVE DATE. new text end

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

Sec. 32.

Minnesota Statutes 2004, section 609.749, subdivision 4, is amended to read:

Subd. 4.

Second or subsequent violations; felony.

(a) A person is guilty of a
felony who violates any provision of subdivision 2 deleted text begin during the time period betweendeleted text end
new text begin within ten years of new text end a previous qualified domestic violence-related offense conviction
or adjudication of delinquency deleted text begin and the end of the ten years following discharge from
sentence or disposition for that offensedeleted text end , and may be sentenced to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both.

(b) A person is guilty of a felony who violates any provision of subdivision 2 deleted text begin during
the time period betweendeleted text end new text begin within ten years of new text end the first of two or more previous qualified
domestic violence-related offense convictions or adjudications of delinquency deleted text begin and the
end of ten years following discharge from sentence or disposition for that offensedeleted text end , and
may be sentenced to imprisonment for not more than ten years or to payment of a fine of
not more than $20,000, or both.

new text begin EFFECTIVE DATE. new text end

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

Sec. 33.

new text begin [609.8935] UNLAWFUL CONDUCT RELATING TO TELEPHONE
RECORDS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

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

new text begin (b) "Customer" means a person or other entity that subscribes to telephone service
from a telephone company.
new text end

new text begin (c) "Procure" means to obtain by any means, whether electronically, in writing, or in
oral form, with or without consideration.
new text end

new text begin (d) "Telephone company" means any person or other entity that provides commercial
telephone service to a customer, irrespective of the communications technology used to
provide the service, including, but not limited to, traditional wireline or cable telephone
service; cellular, broadband PCS, or other wireless telephone service; microwave, satellite,
or other terrestrial telephone service; and voice over Internet telephone service.
new text end

new text begin (e) "Telephone records" include information retained by a telephone company that
relates to the telephone number dialed from a customer's telephone, or the incoming call
directed to a customer's telephone, or other data related to calls typically contained on
a customer's telephone bill, including, but not limited to, the time the call started and
ended, the duration of the call, the time of day the call was made, and any charges applied.
However, for the purposes of this section, any information collected and retained by
customers utilizing caller ID, or other similar technology, does not constitute a telephone
record.
new text end

new text begin Subd. 2. new text end

new text begin Crime defined; penalty. new text end

new text begin (a) A person commits the crime of unlawful
conduct relating to telephone records if the person:
new text end

new text begin (1) knowingly procures a telephone record of another without that person's
authorization or by fraudulent, deceptive, or false means;
new text end

new text begin (2) knowingly sells a telephone record of another without that person's authorization;
or
new text end

new text begin (3) receives a telephone record of another knowing that the record has been obtained
without that person's authorization or by fraudulent, deceptive, or false means.
new text end

new text begin (b) A person who violates this subdivision may be sentenced to:
new text end

new text begin (1) imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the violation involves a single telephone record;
new text end

new text begin (2) imprisonment for not more than two years or to payment of a fine of not more
than $20,000, or both, if the violation involves at least two and no more than ten telephone
records; or
new text end

new text begin (3) imprisonment for not more than five years or to payment of a fine of not more
than $50,000, or both, if the violation involves more than ten telephone records.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin The penalties in this section do not apply to:
new text end

new text begin (1) peace officers or employees or agents of law enforcement agencies acting in
the official course of their duties;
new text end

new text begin (2) individuals acting pursuant to a valid court order, warrant, or subpoena;
new text end

new text begin (3) employees or agents of telephone companies acting:
new text end

new text begin (i) as otherwise authorized by law;
new text end

new text begin (ii) with the lawful consent of the customer;
new text end

new text begin (iii) as may be necessarily incident to the rendition of the service to initiate, render,
bill, and collect customer charges, or to the protection of the rights or property of the
provider of that service, or to protect users of those services and other companies from
fraudulent, abusive, or unlawful use of, or subscription to, these services;
new text end

new text begin (iv) in cooperation with a governmental entity, if the telephone company reasonably
believes that an emergency involving immediate danger of death or serious physical injury
to any person justifies disclosure of the information;
new text end

new text begin (v) in cooperation with the National Center for Missing and Exploited Children,
in connection with a report submitted to it under United States Code, title 42, section
13032; or
new text end

new text begin (vi) in connection with the sale or transfer of all or part of the company's business,
or the purchase or acquisition of a portion or all of a business, or the migration of a
customer from one company to another.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 34.

Minnesota Statutes 2004, section 611A.0315, is amended to read:

611A.0315 VICTIM NOTIFICATION; DOMESTIC ASSAULT;
HARASSMENT.

Subdivision 1.

Notice of decision not to prosecute.

(a) A prosecutor shall make
every reasonable effort to notify a victim of domestic assaultnew text begin , a criminal sexual conduct
offense,new text end or harassment that the prosecutor has decided to decline prosecution of the case
or to dismiss the criminal charges filed against the defendant. Efforts to notify the victim
should include, in order of priority: (1) contacting the victim or a person designated by the
victim by telephone; and (2) contacting the victim by mail. If a suspect is still in custody,
the notification attempt shall be made before the suspect is released from custody.

(b) Whenever a prosecutor dismisses criminal charges against a person accused of
domestic assaultnew text begin , a criminal sexual conduct offense,new text end or harassment, a record shall be made
of the specific reasons for the dismissal. If the dismissal is due to the unavailability of the
witness, the prosecutor shall indicate the specific reason that the witness is unavailable.

(c) Whenever a prosecutor notifies a victim of domestic assault or harassment under
this section, the prosecutor shall also inform the victim of the method and benefits of
seeking an order for protection under section 518B.01 or a restraining order under section
609.748 and that the victim may seek an order without paying a fee.

Subd. 2.

Definitions.

For the purposes of this section, the following terms have
the meanings given them.

(a) "Assault" has the meaning given it in section 609.02, subdivision 10.

(b) "Domestic assault" means an assault committed by the actor against a family or
household member.

(d) "Harassment" means a violation of section 609.749.

new text begin (e) "Criminal sexual conduct" means a violation of sections 609.342 to 609.3453.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 35.

Minnesota Statutes 2004, section 617.246, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Conditional release term. new text end

new text begin Notwithstanding the statutory maximum
sentence otherwise applicable to the offense or any provision of the sentencing guidelines,
when a court commits a person to the custody of the commissioner of corrections for
violating this section, the court shall provide that after the person has completed the
sentence imposed, the commissioner shall place the person on conditional release for
five years, minus the time the offender served on supervised release. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United
States, this state, or any state, the commissioner shall place the person on conditional
release for ten years, minus the time the offender served on supervised release. The terms
of conditional release are governed by section 609.3455, subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 36.

Minnesota Statutes 2004, section 617.247, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Conditional release term. new text end

new text begin Notwithstanding the statutory maximum
sentence otherwise applicable to the offense or any provision of the sentencing guidelines,
when a court commits a person to the custody of the commissioner of corrections for
violating this section, the court shall provide that after the person has completed the
sentence imposed, the commissioner shall place the person on conditional release for
five years, minus the time the offender served on supervised release. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United
States, this state, or any state, the commissioner shall place the person on conditional
release for ten years, minus the time the offender served on supervised release. The terms
of conditional release are governed by section 609.3455, subdivision 8.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 37.

Laws 2005, chapter 136, article 16, section 3, the effective date, is amended to
read:

EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 38.

Laws 2005, chapter 136, article 16, section 4, the effective date, is amended to
read:

EFFECTIVE DATE. This section is effective the day following final enactment
and applies to sentencing hearings, resentencing hearings, and sentencing departures
sought on or after that date. deleted text begin This section expires February 1, 2007. deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 39.

Laws 2005, chapter 136, article 16, section 5, the effective date, is amended to
read:

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 40.

Laws 2005, chapter 136, article 16, section 6, the effective date, is amended to
read:

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 41. new text begin COLLATERAL CONSEQUENCES COMMITTEE.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin A collateral consequences committee
is established to study collateral consequences of adult convictions and juvenile
adjudications. The committee shall identify the uses of collateral consequences of
convictions and adjudications and recommend any proposed changes to the legislature on
collateral consequences.
new text end

new text begin Subd. 2. new text end

new text begin Resources. new text end

new text begin The Department of Corrections shall provide technical
assistance to the committee on request, with the assistance of the commissioner of public
safety and the Sentencing Guidelines Commission.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin The committee consists of:
new text end

new text begin (1) one representative from each of the following groups:
new text end

new text begin (i) crime victim advocates, appointed by the commissioner of public safety;
new text end

new text begin (ii) county attorneys, appointed by the Minnesota County Attorneys Association;
new text end

new text begin (iii) city attorneys, appointed by the League of Minnesota Cities;
new text end

new text begin (iv) district court judges, appointed by the Judicial Council;
new text end

new text begin (v) private criminal defense attorneys, appointed by the Minnesota Association of
Criminal Defense Lawyers;
new text end

new text begin (vi) probation officers, appointed by the Minnesota Association of County Probation
Officers; and
new text end

new text begin (vii) the state public defender or a designee; and
new text end

new text begin (2) the commissioner of public safety, or a designee, who shall chair the group.
new text end

new text begin Subd. 4. new text end

new text begin Report and recommendations. new text end

new text begin The committee shall present the
legislature with its report and recommendations no later than January 15, 2007. The
report must be presented to the chairs of the senate Crime Prevention and Public Safety
Committee and the house Public Safety and Finance Committee.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 42. new text begin SENTENCING GUIDELINES MODIFICATIONS.
new text end

new text begin (a) Except as provided in paragraph (b), the modifications related to sex offenses
proposed by the Minnesota Sentencing Guidelines Commission and described in the
January 2006 Report to the Legislature, pages 31 to 45, are adopted and take effect on
August 1, 2006.
new text end

new text begin (b) The proposed rankings of Minnesota Statutes, sections 609.344, subdivision 1,
clauses (h), (i), and (l); and 609.345, subdivision 1, clauses (h), (i), and (l), are rejected
and do not take effect.
new text end

new text begin (c) The commission is requested to rank violations of:
new text end

new text begin (1) Minnesota Statutes, section 609.344, subdivision 1, clauses (h), (i), and (l),
at severity level C;
new text end

new text begin (2) Minnesota Statutes, section 609.344, subdivision 1, clause (a), at severity level D;
new text end

new text begin (3) Minnesota Statutes, section 609.345, subdivision 1, clauses (h), (i), and (l),
at severity level E; and
new text end

new text begin (4) Minnesota Statutes, section 609.345, subdivision 1, clause (a), at severity level F.
new text end

new text begin (d) If the commission decides to make the changes requested in paragraph (c), it
shall ensure that the changes are effective on August 1, 2006, and publish an updated
version of the sentencing guidelines that include the changes by that date.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 43. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin When appropriate, the revisor of statutes shall replace statutory references to
Minnesota Statutes, section 609.108, with references to section 609.3455, subdivision 3a.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end

Sec. 44. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, sections 488A.03, subdivision 11b; 609.108, subdivision
5; and 609.109, subdivisions 1 and 3, new text end new text begin and new text end new text begin Minnesota Statutes 2005 Supplement, sections
609.108, subdivisions 1, 3, 4, 6, and 7; and 609.109, subdivisions 2, 4, 5, and 6, new text end new text begin are
repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006, and applies to
crimes committed on or after that date, except for the repeal of Minnesota Statutes, section
488A.03, subdivision 11b, which is effective July 1, 2006.
new text end

ARTICLE 2

CONTROLLED SUBSTANCES, DWI, AND TRAFFIC SAFETY PROVISIONS

Section 1.

Minnesota Statutes 2004, section 152.01, subdivision 18, is amended to read:

Subd. 18.

Drug paraphernalia.

(a) Except as otherwise provided in paragraph (b),
"drug paraphernalia" means all equipment, products, and materials of any kind, except
those items used in conjunction with permitted uses of controlled substances under this
chapter or the Uniform Controlled Substances Act, which are deleted text begin knowingly or intentionally
deleted text end used primarily in (1) manufacturing a controlled substance, (2) injecting, ingesting,
inhaling, or otherwise introducing into the human body a controlled substance, (3) testing
the strength, effectiveness, or purity of a controlled substance, or (4) enhancing the effect
of a controlled substance.

(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or
sale of hypodermic needles or syringes in accordance with section 151.40, subdivision 2.

new text begin EFFECTIVE DATE. new text end

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

Sec. 2.

Minnesota Statutes 2004, section 152.093, is amended to read:

152.093 deleted text begin MANUFACTURE OR DELIVERY deleted text end new text begin SALE new text end OF DRUG
PARAPHERNALIA PROHIBITED.

new text begin Subdivision 1. new text end

new text begin Sales generally. new text end

new text begin (a) new text end It is unlawful for any person deleted text begin knowingly or
intentionally deleted text end to deleted text begin deliver deleted text end new text begin sell new text end drug paraphernalia deleted text begin or knowingly or intentionally to possess or
manufacture drug paraphernalia for deliverydeleted text end new text begin , knowing or having reason to know, that the
item will be used primarily to:new text end

new text begin (1) manufacture a controlled substance;
new text end

new text begin (2) inject, ingest, inhale, or otherwise introduce into the human body a controlled
substance;
new text end

new text begin (3) test the strength, effectiveness, or purity of a controlled substance; or
new text end

new text begin (4) enhance the effect of a controlled substancenew text end .

new text begin (b) new text end Any violation of this deleted text begin section deleted text end new text begin subdivision new text end is a misdemeanor.

new text begin Subd. 2. new text end

new text begin Sales to minor. new text end

new text begin Any person 18 years of age or older who violates
subdivision 1 by selling drug paraphernalia to a person under 18 years of age who is at
least three years younger is guilty of a gross misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 3.

new text begin [152.0955] PROHIBITION ON POSSESSION OF CERTAIN ITEMS
ASSOCIATED WITH CONTROLLED SUBSTANCE USE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the
meanings given:
new text end

new text begin (1) "bong" means any pipe or smoking device, commonly referred to as a bong or
water bong, having one tube that attaches to or is part of the pipe or device, that allows for
a smoked product to be drawn from a reservoir or bowl, through a quantity of water or
other liquid substance, or through another tube or opening on the pipe or device;
new text end

new text begin (2) "dugout" means a storage device, commonly referred to as a dugout, designed
with separate reservoirs for marijuana and a one-hit pipe;
new text end

new text begin (3) "glass pipe" means any pipe or smoking device that is made of glass and that has
a reservoir capable of holding controlled substances for ingestion;
new text end

new text begin (4) "marijuana pipe" means any pipe or smoking device, except for a traditional
pipe, that is made of solid material, including ivory, onyx, glass, metal, stone, or any other
material, having a reservoir and a direct channel or a channel filtered by a screen, leading
to an open end, commonly known as a bowl;
new text end

new text begin (5) "one-hit pipe" means any pipe or smoking device that consists of a reservoir on
one end, with a direct channel or a channel filtered by a screen that leads to the opposite
end, designed as a linear device, and without a separately attached bowl or reservoir; and
new text end

new text begin (6) "traditional pipe" means a smoking device that has a sole use for consumption of
tobacco, not containing a screen in the bowl section, such as a corncob pipe.
new text end

new text begin Subd. 2. new text end

new text begin Possession prohibited. new text end

new text begin A person who knowingly possesses a bong,
dugout, glass pipe, marijuana pipe, or one-hit pipe is guilty of a petty misdemeanor.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2004, section 152.18, subdivision 1, is amended to read:

Subdivision 1.

Deferring prosecution for certain first time drug offenders.

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5.

Minnesota Statutes 2004, section 169A.24, subdivision 1, is amended to read:

Subdivision 1.

Degree described.

A person who violates section 169A.20 (driving
while impaired) is guilty of first-degree driving while impaired if the person:

(1) commits the violation within ten years of the first of three or more qualified
prior impaired driving incidents; deleted text begin or
deleted text end

(2) has previously been convicted of a felony under this sectionnew text begin ; or
new text end

new text begin (3) has previously been convicted of a felony under section 609.21, subdivision 1,
clause (2), (3), (4), (5), or (6); subdivision 2, clause (2), (3), (4), (5), or (6); subdivision 2a,
clause (2), (3), (4), (5), or (6); subdivision 3, clause (2), (3), (4), (5), or (6); or subdivision
4, clause (2), (3), (4), (5), or (6)new text end .

new text begin EFFECTIVE DATE. new text end

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

Sec. 6.

Minnesota Statutes 2004, section 169A.70, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Court's authority to require assessments in other instances. new text end

new text begin A court
having jurisdiction over a person in a juvenile, criminal, or civil commitment proceeding
may order that the person submit to a chemical use assessment under this section if the
court has reason to believe that the person may have a chemical dependency problem.
new text end

new text begin EFFECTIVE DATE. new text end

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

Sec. 7.

Minnesota Statutes 2005 Supplement, section 171.18, subdivision 1, is
amended to read:

Subdivision 1.

Offenses.

new text begin (a) new text end The commissioner may suspend the license of a driver
without preliminary hearing upon a showing by department records or other sufficient
evidence that the licensee:

(1) has committed an offense for which mandatory revocation of license is required
upon conviction;

(2) has been convicted by a court for violating a provision of chapter 169 or
an ordinance regulating traffic, other than a conviction for a petty misdemeanor, and
department records show that the violation contributed in causing an accident resulting in
the death or personal injury of another, or serious property damage;

(3) is an habitually reckless or negligent driver of a motor vehicle;

(4) is an habitual violator of the traffic laws;

(5) is incompetent to drive a motor vehicle as determined in a judicial proceeding;

(6) has permitted an unlawful or fraudulent use of the license;

(7) has committed an offense in another state that, if committed in this state, would
be grounds for suspension;

(8) has committed a violation of section 169.444, subdivision 2, paragraph (a),
within five years of a prior conviction under that section;

(9) has committed a violation of section 171.22, except that the commissioner may
not suspend a person's driver's license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification card;

(10) has failed to appear in court as provided in section 169.92, subdivision 4;

(11) has failed to report a medical condition that, if reported, would have resulted in
cancellation of driving privileges;

(12) has been found to have committed an offense under section 169A.33; or

(13) has paid or attempted to pay a fee required under this chapter for a license or
permit by means of a dishonored check issued to the state or a driver's license agent,
which must be continued until the registrar determines or is informed by the agent that
the dishonored check has been paid in full.

However, an action taken by the commissioner under clause (2) or (5) must conform to
the recommendation of the court when made in connection with the prosecution of the
licensee.

new text begin (b) The commissioner may not suspend the driver's license of an individual under
paragraph (a) who was convicted of a violation of section 171.24, subdivision 1, whose
license was under suspension at the time solely because of the individual's failure to
appear in court or failure to pay a fine.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 152.094, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

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

ARTICLE 3

PUBLIC SAFETY POLICY

Section 1.

new text begin [4.055] GOVERNOR'S RESIDENCE EMPLOYEES AND
GOVERNOR APPOINTEE BACKGROUND CHECKS.
new text end

new text begin The governor's office may request a check of:
new text end

new text begin (1) systems accessible through the criminal justice data communications network,
including, but not limited to, criminal history, predatory offender registration, warrants,
and driver license record information from the Department of Public Safety;
new text end

new text begin (2) the statewide supervision system maintained by the Department of Corrections;
and
new text end

new text begin (3) national criminal history information maintained by the Federal Bureau of
Investigation;
new text end

new text begin on candidates for positions within the governor's residence or appointment by the
governor. The candidate shall provide the governor's office with a written authorization
to conduct the check of these systems. For a check of the national criminal history
information, the request must also include a set of fingerprints which shall be sent to
the Bureau of Criminal Apprehension. The bureau has the authority to exchange the
fingerprints with the FBI to facilitate the national background check. The superintendent
may recover fees associated with the background checks from the governor's office.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 13.6905, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Facility security assessments and plans. new text end

new text begin Hazardous substance or oil
facility security assessments and plans are classified under section 115E.04, subdivision
4b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

Minnesota Statutes 2004, section 115E.01, subdivision 5, is amended to read:

Subd. 5.

Facility.

"Facility" means a structure, group of structures, equipment,
or device, other than a vessel, that is used for one or more of the following purposes:
exploring for, drilling for, producing, storing, handling, transferring, processing, or
transporting oil or a hazardous substance. Facility includes a motor vehicle, rolling stock,
or pipeline used for one or more of these purposes. new text begin Facility also includes a research and
development laboratory, which means a specially designated area used primarily for
research, development, and testing activity and not primarily involved in the production of
goods for commercial sale. new text end A facility may be in, on, or under land, or in, on, or under
waters of the state as defined in section 115.01, subdivision 22.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4.

Minnesota Statutes 2004, section 115E.01, subdivision 6, is amended to read:

Subd. 6.

Hazardous substance.

"Hazardous substance" has the meaning given
in section 115B.02, subdivision 8. new text begin In addition, hazardous substance includes the
substances listed under section 112r of the Clean Air Act, as provided by Code of Federal
Regulations, title 40, part 68.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5.

Minnesota Statutes 2004, section 115E.01, subdivision 7, is amended to read:

Subd. 7.

Lead agency.

"Lead agency" means:

(1) the Department of Agriculture, with respect to agricultural chemicals; deleted text begin or
deleted text end

(2) the Pollution Control Agency, for other hazardous substances or oilnew text begin ; or
new text end

new text begin (3) the Department of Public Safety, with respect to the security planning and
security measuresnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 6.

Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision
to read:

new text begin Subd. 11d. new text end

new text begin Security measure. new text end

new text begin "Security measure" means an action carried out to
increase the security of a facility, including employee training and background checks,
limitation and prevention of access to controls of the facility, protection of the perimeter
of the facility, installation and operation of an intrusion detection sensor, or a measure to
increase computer or computer network security.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 7.

Minnesota Statutes 2004, section 115E.01, is amended by adding a subdivision
to read:

new text begin Subd. 11e. new text end

new text begin Use of inherently safer technology. new text end

new text begin "Use of inherently safer
technology" means the use of a technology, product, raw material, or practice that, as
compared with the technologies, products, raw materials, or practices currently in use,
reduces or eliminates the possibility of a release, and reduces or eliminates the threats to the
public health or safety and environment associated with the release or threatened release.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 8.

Minnesota Statutes 2004, section 115E.01, subdivision 13, is amended to read:

Subd. 13.

Worst case discharge.

"Worst case discharge" means:

(1) in the case of a vessel, sudden loss of the entire contents of the vessel in weather
conditions that impede cleanup;

(2) for each tank of a storage tank facility, sudden loss of the entire contents of the
tank in weather conditions that impede cleanup;

(3) in the case of railroad rolling stock facilities, sudden loss of the contents of the
maximum expected number of the rail cars containing oil or hazardous substance of a train
onto land or into water in weather conditions that impede cleanup;

(4) in the case of truck and trailer rolling stock facilities, sudden loss of the entire
contents of the truck or trailer onto land or into water in weather conditions that impede
cleanup;

(5) in the case of a pipeline facility, sudden loss of the contents of the pipeline
which would be expected from complete failure of the pipeline onto land or into water in
weather conditions that impede cleanup;

(6) in the case of oil or hazardous substance transfer facilities, sudden loss of the
largest volume which could occur during transfer into or out of a facility; deleted text begin or
deleted text end

(7) new text begin in the case of a facility with more than the threshold quantity of any substance
listed in Code of Federal Regulations, title 40, part 68, under section 112r of the Clean
Air Act, on the property at any point in the year, sudden loss of the maximum expected
inventory of the substances; or
new text end

new text begin (8) new text end the worst case discharge for the facility as described by regulations under the
Oil Pollution Act of 1990 if the regulations, when adopted, describe a discharge worse
than one described in clauses (1) to deleted text begin (6)deleted text end new text begin (7)new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 9.

new text begin [115E.025] DUTY TO SECURE FACILITIES.
new text end

new text begin new text end

new text begin Subdivision 1. new text end

new text begin General security. new text end

new text begin A person who owns or operates a vessel or
facility transporting, storing, or otherwise handling hazardous substances or oil, or who
is otherwise in control of hazardous substances or oil, shall take reasonable security
measures to prevent the unauthorized access of persons to the facilities or to the control
mechanisms of the facility.
new text end

new text begin Subd. 2. new text end

new text begin Specific security measures. new text end

new text begin The following persons shall comply with the
specific requirements of section 115E.04, subdivision 1a:
new text end

new text begin (1) persons who own or operate facilities subject to Code of Federal Regulations,
title 40, part 68, under section 112r of the Clean Air Act, except for retail facilities at
which more than one-half of the income is obtained from direct sales of ammonia or
propane to end users; and
new text end

new text begin (2) persons who own or operate facilities containing 1,000,000 gallons or more of
oil or hazardous substance in tank storage at any time.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 10.

Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Security plan. new text end

new text begin Persons required to show specific security measures
under section 115E.025, subdivision 2, shall prepare and maintain a facility security
plan. The security plan must be completed in consultation with local law enforcement
agencies. The security plan must:
new text end

new text begin (1) summarize the methods used and results of an assessment of vulnerability of
the facility to a terrorist attack or other unauthorized entry and release, the expertise
and affiliation of the evaluators, and any direct or indirect relationship between the
vulnerability evaluators and the owner or operator of the facility;
new text end

new text begin (2) provide an inventory of the hazardous substance or oil subject to the security
plan, with ranges of the quantity of each substance expected to be in the facility and
entering and leaving the facility during the course of a year;
new text end

new text begin (3) assess the use of inherently safer technology in reducing or eliminating the
vulnerability of the facility and the possibility of an unauthorized release;
new text end

new text begin (4) describe actions and procedures, including safer design and maintenance of
the facility, use of inherently safer technology, and all appropriate security measures
undertaken to eliminate or significantly lessen the vulnerability to an unauthorized entry to
the facility or an unauthorized release of oil or a hazardous substance; and
new text end

new text begin (5) list the names of all insurance carriers underwriting the facility's environmental
liability and workers' compensation insurance policies and the scope of the policies,
including any limitations and exclusions.
new text end

new text begin A plan submitted to the federal government under the Oil Pollution Act of 1990 or
prepared under any other law may be used to satisfy the security plan requirement, if the
information required by this subdivision is included in the plan. A community water
system vulnerability assessment and emergency response plan prepared under the Public
Health Security and Bioterrorism Preparedness and Response Act of 2002 may be used
to satisfy the security plan requirement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 11.

Minnesota Statutes 2004, section 115E.04, subdivision 2, is amended to read:

Subd. 2.

Timing.

(a) A person required to be prepared under section 115E.03, other
than a person who owns or operates a motor vehicle, rolling stock, or a facility that stores
less than 250,000 gallons of oil or a hazardous substance, shall complete the response plan
required by this section by March 1, 1993, unless one of the commissioners orders the
person to demonstrate preparedness at an earlier date under section 115E.05.

(b) A person who owns or operates a motor vehicle, rolling stock, or a facility
that stores less than 250,000 gallons of oil or a hazardous substance shall complete the
response plan required by this section by January 1, 1994.

(c) new text begin A person required to prepare a security plan shall complete it within 90 days of the
effective date of this act. The security plan must be amended following significant change
in the security measures, vulnerability, or presence of hazardous substances on the facility.
new text end

new text begin (d) new text end Plans required under section 115E.04 or 115E.045 must be updated every three
years. Plans must be updated before three years following a significant discharge, upon
significant change in vessel or facility operation or ownership, upon significant change in
the national or area contingency plans under the Oil Pollution Act of 1990, or upon change
in the capabilities or role of a person named in a plan who has an important response role.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 12.

Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:

new text begin Subd. 4a. new text end

new text begin Review of security plans. new text end

new text begin (a) A person required to complete a security
plan under section 115E.025, subdivision 2, must submit a copy of the security plan to the
Department of Public Safety within five business days of its completion.
new text end

new text begin (b) Authorized staff of the Department of Public Safety must be granted access to
the facility for the purpose of inspecting security measures.
new text end

new text begin (c) Upon the request of authorized staff of the Department of Public Safety, a person
shall demonstrate the adequacy of the security plan and security measures by conducting
announced or unannounced drills, calling persons and organizations named in a security
plan and verifying roles and capabilities, locating and testing security measure procedures
or equipment, questioning facility personnel, or other means that in the judgment of the
commissioner or sheriff demonstrate security. Before requesting an unannounced security
drill, the commissioner of public safety or authorized person shall invite the county sheriff
to participate in or witness the drill. If an announced drill is conducted to the satisfaction
of the commissioner, the person conducting the security drill may not be required to
conduct an additional unannounced security drill in the same calendar year.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 13.

Minnesota Statutes 2004, section 115E.04, is amended by adding a subdivision
to read:

new text begin Subd. 4b. new text end

new text begin Data. new text end

new text begin Assessments and plans prepared under this section and material
specifically related to preparation, review, or approval of a plan are nonpublic data as
defined in section 13.02, except that the data may be provided to law enforcement,
firefighters, members of the National Guard, or other representatives of a government
entity responding to a request for services at a facility that is the subject of the assessment
and plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 14.

Minnesota Statutes 2004, section 115E.05, subdivision 1, is amended to read:

Subdivision 1.

Amendment to plan.

If one or more of the commissioners finds
the prevention and response plans or preparedness measures of a person do not meet the
requirements of this chapter, new text begin or if the commissioner of public safety finds that the security
plan does not meet the requirements of this chapter, new text end the commissioner or commissioners
making the finding may by order require that reasonable amendments to the plan or
reasonable additional preventive deleted text begin ordeleted text end new text begin , new text end preparednessnew text begin , or security new text end measures be implemented
in a timely fashion. If more than one commissioner makes the finding, the order must
be a joint order.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 15.

Minnesota Statutes 2004, section 115E.05, subdivision 2, is amended to read:

Subd. 2.

Compliance.

If oil or a hazardous substance is discharged while it is
under the control of a person not identified in section 115E.03, subdivision 2, new text begin or in
section 115E.025, new text end any one of the commissioners new text begin with appropriate jurisdiction new text end may by
order require the person to comply with the prevention and response plan new text begin or security plan
new text end requirements of sections 115E.03 and 115E.04 in a timely manner if:

(1) land, water, or air of the state is polluted or threatened; or

(2) human life, safety, health, natural resources, or property is damaged or threatened.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 16.

Minnesota Statutes 2004, section 115E.08, subdivision 3, is amended to read:

Subd. 3.

Jurisdiction.

Except as otherwise provided, the following agencies have
primary responsibility for the specified areas in carrying out the duties and authorities
of this chapter:

(1) the Department of Agriculture, for agricultural chemicals;

(2) the Department of Public Safety, for public safety deleted text begin anddeleted text end new text begin , new text end protection of propertynew text begin ,
and security measuresnew text end ;

(3) the Department of Natural Resources, for assessment and rehabilitation of water
resources;

(4) the Pollution Control Agency, for all other matters subject to this chapter; and

(5) the Department of Transportation, with respect to requirements related to the
packaging, labeling, placarding, routing, and written reporting on releases of hazardous
materials that are being transported.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 17.

Minnesota Statutes 2004, section 144.7401, is amended by adding a
subdivision to read:

new text begin Subd. 8. new text end

new text begin Peace officer; applicability. new text end

new text begin An individual licensed as a peace officer
under section 626.84, subdivision 1, is considered an emergency medical services person
for purposes of sections 144.7401 to 144.7415 regardless of whether the officer is engaged
in performing emergency services.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 18.

Minnesota Statutes 2004, section 181.973, is amended to read:

181.973 deleted text begin EMPLOYEEdeleted text end new text begin PUBLIC SAFETYnew text end PEER COUNSELING new text begin AND
new text end DEBRIEFING.

A person engaged in a public safety peer counseling new text begin or a public safety peer new text end debriefing
shall not, without the permission of the person being debriefednew text begin or counselednew text end , be allowed to
disclose any information or opinion which the peer group membernew text begin or peer counselornew text end has
acquired during the deleted text begin debriefingdeleted text end new text begin processnew text end . However, this does not prohibit a peer counselor
from disclosing information the peer counselor reasonably believes indicates that the
person may be a danger to self or others, if the information is used only for the purpose of
eliminating the danger to the person or others. Any information or opinion disclosed in
violation of this paragraph is not admissible as evidence in any personnel or occupational
licensing matter involving the person being debriefednew text begin or counselednew text end .

For purposes of this deleted text begin paragraphdeleted text end new text begin sectionnew text end , "public safety peer counselingnew text begin ornew text end debriefing"
means a group process oriented debriefing sessionnew text begin , or one-to-one contact with a peer
counselor,new text end held for peace officers, firefighters, medical emergency persons, dispatchers,
or other persons involved with public safety emergency services, that is established by
any agency providing public safety emergency services and is designed to help a person
who has suffered an occupation-related deleted text begin traumatic eventdeleted text end new text begin trauma, illness, or stressnew text end begin
the process of healing and effectively dealing withdeleted text begin posttraumatic stressdeleted text end new text begin the person's
problems or the use of the peer counselor for direction with referrals to better service
these occupation-related issues. A "peer counselor" means someone so designated by
that agencynew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 19.

Minnesota Statutes 2005 Supplement, section 243.166, subdivision 1b,
is amended to read:

Subd. 1b.

Registration required.

(a) A person shall register under this section if:

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

(i) murder under section 609.185, clause (2);

(ii) kidnapping under section 609.25;

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

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

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

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

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

(b) A person also shall register under this section if:

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

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

(3) ten years have not elapsed since the person was released from confinement
or, if the person was not confined, since the person was convicted of or adjudicated
delinquent for the offense that triggers registration, unless the person is subject to lifetime
registrationdeleted text begin , in which casedeleted text end new text begin . If the person is required to register for life under Minnesota
law or the law of any other state in which the person has been convicted, adjudicated, or
required to register,new text end the person shall register for life regardless of when the person was
released from confinement, convicted, or adjudicated delinquent.

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

(d) A person also shall register under this section if:

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

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

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment
and applies to offenders residing in Minnesota on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2005 Supplement, section 243.166, subdivision 6, is
amended to read:

Subd. 6.

Registration period.

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

(b) If a person required to register under this section fails to provide the person's
primary address as required by subdivision 3, paragraph (b), fails to comply with the
requirements of subdivision 3a, fails to provide information as required by subdivision
4a, or fails to return the verification form referenced in subdivision 4 within ten days,
the commissioner of public safety may require the person to continue to register for an
additional period of five years. This five-year period is added to the end of the offender's
registration period.

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

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

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

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

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

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

new text begin (5) if the person is required to register for life under the law of any other state in
which the person has been previously convicted, adjudicated, or required to registernew 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 offenders residing in Minnesota on or after that date.
new text end

Sec. 21.

new text begin [299A.85] DEATH SCENE INVESTIGATIONS.
new text end

new text begin (a) The Department of Public Safety shall provide information to local law
enforcement agencies about best practices for handling death scene investigations.
new text end

new text begin (b) The Department of Public Safety shall identify any publications or training
opportunities that may be available to local law enforcement agencies or law enforcement
officers concerning the handling of death scene investigations.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end

Sec. 22.

Minnesota Statutes 2005 Supplement, section 299C.105, subdivision 3,
is amended to read:

Subd. 3.

Bureau duty.

(a) deleted text begin The bureau shall destroy the biological specimen and
return all records to a person who submitted a biological specimen under subdivision 1
but who was found not guilty of a felony.deleted text end Upon the request of a person who submitted a
biological specimen under subdivision 1 but deleted text begin wheredeleted text end new text begin was either found not guilty of a felony
ornew text end the charge against the person was later dismissed, the bureau shall destroy the person's
biological specimen and return all records to the individual.

(b) If the bureau destroys a biological specimen under paragraph (a), the bureau shall
also remove the person's information from the bureau's combined DNA index system and
return all related records and all copies or duplicates of them.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 23.

new text begin [299C.156] FORENSIC LABORATORY ADVISORY BOARD.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The Forensic Laboratory Advisory Board consists
of the following:
new text end

new text begin (1) the superintendent of the Bureau of Criminal Apprehension or the
superintendent's designee;
new text end

new text begin (2) the commissioner of public safety or the commissioner's designee;
new text end

new text begin (3) the commissioner of corrections or the commissioner's designee;
new text end

new text begin (4) an individual with expertise in the field of forensic science, selected by the
governor;
new text end

new text begin (5) an individual with expertise in the field of forensic science, selected by the
attorney general;
new text end

new text begin (6) a faculty member of the University of Minnesota, selected by the president of
the university;
new text end

new text begin (7) the state public defender or a designee;
new text end

new text begin (8) a prosecutor, selected by the Minnesota County Attorneys Association;
new text end

new text begin (9) a sheriff, selected by the Minnesota Sheriffs Association;
new text end

new text begin (10) a police chief, selected by the Minnesota Chiefs of Police Association;
new text end

new text begin (11) a judge or court administrator, selected by the chief justice of the Supreme
Court; and
new text end

new text begin (12) a criminal defense attorney, selected by the Minnesota State Bar Association.
new text end

new text begin (b) The board shall select a chair from among its members.
new text end

new text begin (c) Board members serve four-year terms and may be reappointed.
new text end

new text begin (d) The board may employ staff necessary to carry out its duties.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The board may:
new text end

new text begin (1) develop and implement a reporting system through which laboratories, facilities,
or entities that conduct forensic analyses report professional negligence or misconduct
that substantially affects the integrity of the forensic results committed by employees
or contractors;
new text end

new text begin (2) encourage all laboratories, facilities, or entities that conduct forensic analyses to
report professional negligence or misconduct that substantially affects the integrity of the
forensic results committed by employees or contractors to the board;
new text end

new text begin (3) investigate, in a timely manner, any allegation of professional negligence or
misconduct that would substantially affect the integrity of the results of a forensic analysis
conducted by a laboratory, facility, or entity; and
new text end

new text begin (4) encourage laboratories, facilities, and entities that conduct forensic analyses to
become accredited by the American Society of Crime Laboratory Directors/Laboratory
Accreditation Board (ALCLD/LAB) or other appropriate accrediting body and develop
and implement a process for those entities to report their accreditation status to the board.
new text end

new text begin Subd. 3. new text end

new text begin Investigations. new text end

new text begin An investigation under subdivision 2, clause (3):
new text end

new text begin (1) may include the preparation of a written report that identifies and describes the
methods and procedures used to identify:
new text end

new text begin (i) the alleged negligence or misconduct;
new text end

new text begin (ii) whether negligence or misconduct occurred; and
new text end

new text begin (iii) any corrective action required of the laboratory, facility, or entity; and
new text end

new text begin (2) may include one or more:
new text end

new text begin (i) retrospective reexaminations of other forensic analyses conducted by the
laboratory, facility, or entity that may involve the same kind of negligence or misconduct;
and
new text end

new text begin (ii) follow-up evaluations of the laboratory, facility, or entity to review:
new text end

new text begin (A) the implementation of any corrective action required under clause (1), item
(iii); or
new text end

new text begin (B) the conclusion of any retrospective reexamination under this clause, item (i).
new text end

new text begin Subd. 4. new text end

new text begin Delegation of duties. new text end

new text begin The board by contract may delegate the duties
described in subdivision 2, clauses (1) and (3), to any person or entity that the board
determines to be qualified to assume those duties.
new text end

new text begin Subd. 5. new text end

new text begin Reviews and reports are public. new text end

new text begin The board shall make all investigation
reports completed under subdivision 3, clause (1), available to the public. A report
completed under subdivision 3, clause (1), in a subsequent civil or criminal proceeding is
not prima facie evidence of the information or findings contained in the report.
new text end

new text begin Subd. 6. new text end

new text begin Reports to legislature. new text end

new text begin By January 15 of each year, the board shall submit
any report prepared under subdivision 3, clause (1), during the preceding calendar year to
the governor and the legislature.
new text end

new text begin Subd. 7. new text end

new text begin Forensic analysis processing time period guidelines. new text end

new text begin (a) By July 1, 2007,
the board shall recommend forensic analysis processing time period guidelines applicable
to the Bureau of Criminal Apprehension and other laboratories, facilities, and entities that
conduct forensic analyses. When adopting and recommending these guidelines and when
making other related decisions, the board shall consider the goals and priorities identified
by the presidential DNA initiative. The board shall consider the feasibility of the Bureau
of Criminal Apprehension completing the processing of forensic evidence submitted to it
by sheriffs, chiefs of police, or state or local corrections authorities.
new text end

new text begin (b) The bureau shall provide information to the board in the time, form, and manner
determined by the board and keep it informed of the most up-to-date data on the actual
forensic analysis processing turn around time periods. By January 15 of each year, the
board shall report to the legislature on these issues, including the recommendations made
by the board to improve turnaround times.
new text end

new text begin Subd. 8. new text end

new text begin Forensic evidence processing deadline. new text end

new text begin The board may recommend
reasonable standards and deadlines for the Bureau of Criminal Apprehension to test and
catalog forensic evidence samples relating to alleged crimes committed, including DNA
analysis, in their control and possession.
new text end

new text begin Subd. 9. new text end

new text begin Office space. new text end

new text begin The commissioner of public safety may provide adequate
office space and administrative services to the board.
new text end

new text begin Subd. 10. new text end

new text begin Expenses. new text end

new text begin Section 15.059 applies to the board.
new text end

new text begin Subd. 11. new text end

new text begin Definition. new text end

new text begin As used in this section, "forensic analysis" means a medical,
chemical, toxicologic, ballistic, or other expert examination or test performed on physical
evidence, including DNA evidence, for the purpose of determining the connection of
the evidence to a criminal action.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 24.

Minnesota Statutes 2005 Supplement, section 299C.40, subdivision 1, is
amended to read:

Subdivision 1.

Definitions.

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

(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehension,
Criminal Justice Information Systems Section. A reference in this section to "CIBRS"
includes the Bureau of Criminal Apprehension.

(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, new text begin the Department of Corrections' Fugitive Apprehension
Unit,new text end a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
the Minnesota State Patrol.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 25.

Minnesota Statutes 2005 Supplement, section 299C.405, is amended to read:

299C.405 SUBSCRIPTION SERVICE.

(a) For the purposes of this section "subscription service" means a process by which
law enforcement agency personnel may obtain ongoing, automatic electronic notice of any
contacts an individual has with any criminal justice agency.

(b) The Department of Public Safety must not establish a subscription service
without prior legislative authorizationnew text begin ; except that, the Bureau of Criminal Apprehension
may employ under section 299C.40 a secure subscription service designed to promote
and enhance officer safety during tactical operations by and between federal, state, and
local law enforcement agencies by notifying law enforcement agencies of conflicts where
multiple law enforcement operations may be occurring on the same subject or vehicle or on
or near the same location. The notification may include warrant executions, surveillance
activities, SWAT activities, undercover operations, and other investigative operationsnew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 26.

new text begin [299C.565] MISSING PERSON REPORT.
new text end

new text begin The local law enforcement agency having jurisdiction over the location where a
person has been missing or was last seen has the responsibility to take a missing person
report from an interested party. If this location cannot be clearly and easily established,
the local law enforcement agency having jurisdiction over the last verified location where
the missing person last resided has the responsibility to take the report.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end

Sec. 27.

Minnesota Statutes 2005 Supplement, section 299C.65, subdivision 2, is
amended to read:

Subd. 2.

Task force.

The policy group shall appoint a task force to assist them
in their duties. The task force shall monitor, review, and report to the policy group on
CriMNet-related projects and provide oversight to ongoing operations as directed by the
policy group. The task force shall consist of the following members:

(1) two sheriffs recommended by the Minnesota Sheriffs Association;

(2) two police chiefs recommended by the Minnesota Chiefs of Police Association;

(3) two county attorneys recommended by the Minnesota County Attorneys
Association;

(4) two city attorneys recommended by the Minnesota League of Cities;

(5) two public defenders appointed by the Board of Public Defense;

(6) two district judges appointed by the Conference of Chief Judges, one of whom is
currently assigned to the juvenile court;

(7) two community corrections administrators recommended by the Minnesota
Association of Counties, one of whom represents a community corrections act county;

(8) two probation officers;

(9) four public members, one of whom has been a victim of crime, and two who
are representatives of the private business community who have expertise in integrated
information systemsnew text begin and who for the purpose of meetings of the full task force may be
compensated pursuant to section 15.059new text end ;

(10) two court administrators;

(11) one member of the house of representatives appointed by the speaker of the
house;

(12) one member of the senate appointed by the majority leader;

(13) the attorney general or a designee;

(14) two individuals recommended by the Minnesota League of Cities, one of
whom works or resides in greater Minnesota and one of whom works or resides in the
seven-county metropolitan area;

(15) two individuals recommended by the Minnesota Association of Counties, one
of whom works or resides in greater Minnesota and one of whom works or resides in the
seven-county metropolitan area;

(16) the director of the Sentencing Guidelines Commission;

new text begin (17) one member appointed by the state chief information officer;
new text end

deleted text begin (17)deleted text end new text begin (18)new text end one member appointed by the commissioner of public safety;

deleted text begin (18)deleted text end new text begin (19)new text end one member appointed by the commissioner of corrections;

deleted text begin (19)deleted text end new text begin (20)new text end one member appointed by the commissioner of administration; and

deleted text begin (20)deleted text end new text begin (21)new text end one member appointed by the chief justice of the Supreme Court.

In making these appointments, the appointing authority shall select members with
expertise in integrated data systems or best practices.

The commissioner of public safety may appoint additional, nonvoting members to
the task force as necessary from time to time.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 28.

Minnesota Statutes 2004, section 299F.011, subdivision 5, is amended to read:

Subd. 5.

Appeal policy; variance.

Upon application, the state fire marshal may
grant variances from the minimum requirements specified in the code if there is substantial
compliance with the provisions of the code, the safety of the public and occupants of
such building will not be jeopardized, and undue hardship will result to the applicant
unless such variance is granted. No appeal to the state fire marshal for a variance from
new text begin orders issued by a local fire official from new text end the Uniform Fire Code shall be accepted until
the applicant has first made application to the local governing body and the local unit has
acted on the application. The state fire marshal shall consider deleted text begin the decisiondeleted text end new text begin any decisions
or recommendations new text end of the local governing body. Any person aggrieved by a decision
made by the fire marshal under this subdivision may proceed before the fire marshal as
with a contested case in accordance with the Administrative Procedure Act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 29.

new text begin [299F.50] DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin As used in sections 299F.50 to 299F.52, the terms defined in
this section have the meanings given them.
new text end

new text begin Subd. 2. new text end

new text begin Installed. new text end

new text begin "Installed" means that an approved carbon monoxide alarm is
hard-wired into the electrical wiring, directly plugged into an electrical outlet without a
switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
new text end

new text begin Subd. 3. new text end

new text begin Single and multifamily dwelling. new text end

new text begin "Single and multifamily dwelling"
means any building or structure which is wholly or partly used or intended to be used
for living or sleeping by human occupants.
new text end

new text begin Subd. 4. new text end

new text begin Dwelling unit. new text end

new text begin "Dwelling unit" means an area meant for living or sleeping
by human occupants.
new text end

new text begin Subd. 5. new text end

new text begin Approved carbon monoxide alarm. new text end

new text begin "Approved carbon monoxide alarm"
means a device meant for the purpose of detecting carbon monoxide that is certified by a
nationally recognized testing laboratory to conform to the latest Underwriters Laboratories
Standards (known as UL2034 standards).
new text end

new text begin Subd. 6. new text end

new text begin Operational. new text end

new text begin "Operational" means working and in service.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2007, for all newly
constructed single family and multifamily dwelling units for which building permits were
issued on or after January 1, 2007; August 1, 2008, for all existing single family dwelling
units; and August 1, 2009, for all multifamily dwelling units.
new text end

Sec. 30.

new text begin [299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
new text end

new text begin Subdivision 1. new text end

new text begin Generally. new text end

new text begin Every single family dwelling and every dwelling unit in
a multifamily dwelling must have an approved and operational carbon monoxide alarm
installed within ten feet of each room lawfully used for sleeping purposes.
new text end

new text begin Subd. 2. new text end

new text begin Owner's duties. new text end

new text begin The owner of a multifamily dwelling unit which is
required to be equipped with one or more approved carbon monoxide alarms must:
new text end

new text begin (1) provide and install one approved and operational carbon monoxide alarm within
ten feet of each room lawfully used for sleeping; and
new text end

new text begin (2) replace any required carbon monoxide alarm that has been stolen, removed,
found missing, or rendered inoperable during a prior occupancy of the dwelling unit
and which has not been replaced by the prior occupant prior to the commencement of a
new occupancy of a dwelling unit.
new text end

new text begin Subd. 3. new text end

new text begin Occupant's duties. new text end

new text begin The occupant of each dwelling unit in a multifamily
dwelling in which an approved and operational carbon monoxide alarm has been provided
and installed by the owner must:
new text end

new text begin (1) keep and maintain the device in good repair; and
new text end

new text begin (2) replace any device that is stolen, removed, missing, or rendered inoperable
during the occupancy of the dwelling unit.
new text end

new text begin Subd. 4. new text end

new text begin Battery removal prohibited. new text end

new text begin No person shall remove batteries from, or in
any way render inoperable, a required carbon monoxide alarm.
new text end

new text begin Subd. 5. new text end

new text begin Exceptions; certain multifamily dwellings and state-operated facilities.
new text end

new text begin (a) In lieu of requirements of subdivision 1, multifamily dwellings may have approved and
operational carbon monoxide alarms installed between 15 and 25 feet of carbon monoxide
producing central fixtures and equipment provided there is a centralized alarm system or
other mechanism for responsible parties to hear the alarm at all times.
new text end

new text begin (b) An owner of a multifamily dwelling that contains minimal or no sources of
carbon monoxide may be exempted from the requirements of subdivision 1, provided that
such owner certifies to the commissioner of public safety that such multifamily dwelling
poses no foreseeable carbon monoxide risk to the health and safety to the dwelling units.
new text end

new text begin (c) The requirements of this section do not apply to facilities owned or operated
by the state of Minnesota.
new text end

new text begin EFFECTIVE DATE. new text end

Sec. 31.

new text begin [299F.52] ENFORCEMENT.
new text end

new text begin A violation of section 299F.50 or 299F.51 subjects the owner of the single family
dwelling, multifamily dwelling, or dwelling unit to the same penalty and enforcement
mechanism provided for violations of the Uniform Fire Code provided in section
299F.011, subdivision 6.
new text end

new text begin EFFECTIVE DATE. new text end

Sec. 32.

Minnesota Statutes 2004, section 624.22, subdivision 8, is amended to read:

Subd. 8.

Suspension, revocation, or refusal to renew certification.

new text begin (a) new text end The state
fire marshal may suspend, revoke, or refuse to renew certification of an operator if the
operator has:

(1) submitted a fraudulent application;

(2) caused or permitted a fire or safety hazard to exist or occur during the storage,
transportation, handling, preparation, or use of fireworks;

(3) conducted a display of fireworks without receipt of a permit required by the
state or a political subdivision;

(4) conducted a display of fireworks with assistants who were not at least 18 years of
age, properly instructed, and continually supervised; or

(5) otherwise failed to comply with any federal or state law or regulation, or the
guidelines, relating to fireworks.

new text begin (b) Any person aggrieved by a decision made by the state fire marshal under this
subdivision may petition the state fire marshal in writing to reconsider the decision. The
state fire marshal shall render a decision in writing within 30 days of receipt of the
written request for reconsideration. Following reconsideration, the person may appeal
the decision to the district court.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 33. new text begin MISSING ADULTS MODEL POLICY.
new text end

new text begin The superintendent of the Bureau of Criminal Apprehension, in consultation with
the Minnesota Sheriffs Association and the Minnesota Chiefs of Police Association, shall
develop a model policy to address law enforcement efforts and duties regarding missing
adults and provide training to local law enforcement agencies on this model policy.
new text end

new text begin By February 1, 2007, the superintendent shall report to the chairs and ranking
minority members of the senate and house committees and divisions having jurisdiction
over criminal justice policy and funding on the model policy and training.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 34. new text begin POST BOARD AUDIT.
new text end

new text begin The Peace Officer Standards and Training Board shall conduct a training audit of its
practitioners, including chiefs of police and county sheriffs, to determine what training
is currently offered, what new training is necessary, and how it should be implemented.
Training topics shall include the policing of immigrant communities and racial profiling.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

ARTICLE 4

CORRECTIONS

Section 1.

Minnesota Statutes 2004, section 144.445, subdivision 1, is amended to read:

Subdivision 1.

Screening of inmates.

new text begin (a) new text end All persons detained or confined for 14
consecutive days or more in facilities operated, licensed, or inspected by the Department
of Corrections shall be screened for tuberculosis with either a Mantoux test or a chest
roentgenogram (x-ray) as consistent with screening and follow-up practices recommended
by the United States Public Health Service or the Department of Health, as determined by
the commissioner of health. Administration of the Mantoux test or chest roentgenogram
(x-ray) must take place on or before the 14th day of detention or confinement.

new text begin (b) If an inmate refuses to submit to an annual test as specified in paragraph (a), the
commissioner of corrections may order the inmate to be tested.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 241.016, subdivision 1, is amended to read:

Subdivision 1.

Biennial report.

(a) The Department of Corrections shall submit a
performance report to the chairs and ranking minority members of the senate and house
committees and divisions having jurisdiction over criminal justice funding by January
15, 2005, and every other year thereafter. The issuance and content of the report must
include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average
per diem, reported in a standard calculated method as outlined in the departmental policies
and procedures; deleted text begin and
deleted text end

(3) department annual statistics as outlined in the departmental policies and
proceduresnew text begin ; and
new text end

new text begin (4) information about prison-based mental health programs, including, but not
limited to, the availability of these programs, participation rates, and completion ratesnew text end .

(b) The department shall maintain recidivism rates for adult facilities on an annual
basis. In addition, each year the department shall, on an alternating basis, complete a
recidivism analysis of adult facilities, juvenile services, and the community services
divisions and include a three-year recidivism analysis in the report described in paragraph
(a). When appropriate, the recidivism analysis must include education programs,
vocational programs, treatment programs, new text begin including mental health programs, new text end industry,
and employment.new text begin In addition, when reporting recidivism for the department's adult and
juvenile facilities, the department shall report on the extent to which offenders it has
assessed as chemically dependent commit new offenses, with separate recidivism rates
reported for persons completing and not completing the department's treatment programs.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

new text begin [241.0222] CONTRACTS WITH NEWLY CONSTRUCTED JAIL
FACILITIES THAT PROVIDE ACCESS TO CHEMICAL DEPENDENCY
TREATMENT PROGRAMS.
new text end

new text begin Notwithstanding section 16C.05, subdivision 2, the commissioner may enter into
contracts, up to five years in duration, with a county or group of counties to house inmates
committed to the custody of the commissioner in newly constructed county or regional jail
facilities that provide inmates access to chemical dependency treatment programs licensed
by the Department of Human Services. A contract entered into under this section may
contain an option to renew the contract for a term of up to five years.
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. 4.

Minnesota Statutes 2005 Supplement, section 241.06, is amended by adding a
subdivision to read:

new text begin Subd. 3. new text end

new text begin Substance abuse information provided to supervising corrections
agency. new text end

new text begin When an offender is being released from prison, the commissioner shall provide
to the corrections agency that will supervise the offender prison records relating to that
offender's prison-based substance abuse assessments, treatment, and any other substance
abuse-related services provided to the offender. If the offender did not participate in
the prison-based substance abuse program to which the offender was directed, the
commissioner shall provide the supervising agency with an explanation of the reasons.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5.

new text begin [241.40] PERIODIC REVIEWS OF SUBSTANCE ABUSE ASSESSMENT
PROCESS.
new text end

new text begin By January 15, 2007, and at least once every three years thereafter, the commissioner
shall ensure that an outside entity conducts an independent review of the department's
prison-based substance abuse assessment activities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 6.

new text begin [241.415] RELEASE PLANS; SUBSTANCE ABUSE.
new text end

new text begin The commissioner shall cooperate with community-based corrections agencies to
determine how best to address the substance abuse treatment needs of offenders who are
being released from prison. The commissioner shall ensure that an offender's prison
release plan adequately addresses the offender's needs for substance abuse assessment,
treatment, or other services following release, within the limits of available resources.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 7.

new text begin [241.416] SUBSTANCE ABUSE PROGRAMS; RECORD KEEPING.
new text end

new text begin The commissioner shall keep adequate records regarding inmate participation in
substance abuse treatment programs. For inmates who did not comply with directives to
participate in substance abuse treatment programs, these records must include the reasons
why the inmate did not do so.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 8.

new text begin [241.75] INMATE HEALTH CARE DECISIONS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) Except as provided in paragraph (b), the definitions
in chapter 145C apply to this section.
new text end

new text begin (b) "Health care" means any care, treatment, service, or procedure to maintain,
diagnose, or otherwise affect a person's physical or mental condition.
new text end

new text begin Subd. 2. new text end

new text begin Health care decisions. new text end

new text begin The medical director of the Department of
Corrections may make a health care decision for an inmate incarcerated in a state
correctional facility if the inmate's attending physician determines that the inmate lacks
decision-making capacity and:
new text end

new text begin (1) there is not a documented health care agent designated by the inmate or the
health care agent is not reasonably available to make the health care decision;
new text end

new text begin (2) if there is a documented health care directive, the decision is consistent with
that directive;
new text end

new text begin (3) the decision is consistent with reasonable medical practice and other applicable
law; and
new text end

new text begin (4) the medical director has made a good-faith attempt to consult with the inmate's
next of kin or emergency contact person in making the decision, to the extent those
persons are reasonably available.
new text end

new text begin Subd. 3. new text end

new text begin Disagreement regarding health care; guardianship petition. new text end

new text begin If the
medical director consults with an inmate's next of kin under subdivision 2, clause (4), and
the inmate's next of kin and the medical director are not in agreement with respect to a
health care decision, the commissioner may bring a petition under section 524.5-303 for
appointment of a guardian with authority to make health care decisions for the inmate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 9.

Minnesota Statutes 2005 Supplement, section 244.055, subdivision 10, is
amended to read:

Subd. 10.

Notice.

Upon receiving an offender's petition for release under
subdivision 2, the commissioner shall notify the prosecuting authority responsible for the
offender's conviction and the sentencing court. The commissioner shall give the authority
and court a reasonable opportunity to comment on the offender's potential release. new text begin If the
authority or court elects to comment, the comments must specify the reasons for the
authority or court's position. new text end This subdivision applies only to offenders sentenced before
July 1, 2005.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 10.

Minnesota Statutes 2005 Supplement, section 244.055, subdivision 11,
is amended to read:

Subd. 11.

Sunset.

This section expires July 1, deleted text begin 2007deleted text end new text begin 2009new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 11.

Minnesota Statutes 2005 Supplement, section 609.3455, subdivision 8,
is amended to read:

Subd. 8.

Terms of conditional release; applicable to all sex offenders.

(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453. Except as provided in this subdivision, conditional release of sex offenders is
governed by provisions relating to supervised release. The commissioner of corrections
may not dismiss an offender on conditional release from supervision until the offender's
conditional release term expires.

(b) The conditions of release may include successful completion of treatment and
aftercare in a program approved by the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other conditions the commissioner
considers appropriate. new text begin The commissioner shall develop a plan to pay the cost of treatment
of a person released under this subdivision. The plan may include co-payments from
offenders, third-party payers, local agencies, or other funding sources as they are identified.
This section does not require the commissioner to accept or retain an offender in a
treatment program. new text end Before the offender is placed on conditional release, the commissioner
shall notify the sentencing court and the prosecutor in the jurisdiction where the offender
was sentenced of the terms of the offender's conditional release. The commissioner also
shall make reasonable efforts to notify the victim of the offender's crime of the terms of
the offender's conditional release. If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and order that the offender
serve all or a part of the remaining portion of the conditional release term in prison.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2006.
new text end

Sec. 12.

Minnesota Statutes 2004, section 631.425, subdivision 3, is amended to read:

Subd. 3.

Continuation of employment.

If the person committed under this
section has been regularly employed, the sheriff shall arrange for a continuation of the
employment insofar as possible without interruption. If the person is not employed, the
court may designate a suitable person or agency to make reasonable efforts to secure some
suitable employment for that person. An inmate employed under this section must be paid
a fair and reasonable wage for work performed and must work at fair and reasonable hours
per day and per week.new text begin There must not be a fee or charge for the inmate to participate in
any employment under this section if the inmate is paying for the cost of the inmate's
maintenance under subdivision 5.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 13.

Minnesota Statutes 2004, section 641.265, subdivision 2, is amended to read:

Subd. 2.

Withdrawal.

A county board may withdraw from cooperation in a regional
jail system deleted text begin if the county boards of all of the other cooperating counties decide, by majority
vote, to allow the withdrawaldeleted text end new text begin in accordance with the terms of a joint powers agreementnew text end .
With the approval of the county board of each cooperating county, the regional jail board
shall fix the sum, if any, to be paid to the county withdrawing, to reimburse it for capital
cost, debt service, or lease rental payments made by the county prior to withdrawal, in
excess of its proportionate share of benefits from the regional jail prior to withdrawal, and
the time and manner of making the payments. The payments shall be deemed additional
payments of capital cost, debt service, or lease rentals to be made proportionately by the
remaining counties and, when received, shall be deposited in and paid from the regional
jail fund; provided that:

deleted text begin (a)deleted text end new text begin (1)new text end payments shall not be made from any amounts in the regional jail fund
which are needed for maintenance and operation expenses or lease rentals currently due
and payable; and

deleted text begin (b)deleted text end new text begin (2)new text end the withdrawing county shall remain obligated for the payment of its
proportionate share of any lease rentals due and payable after its withdrawal, in the
event and up to the amount of any lease payment not made when due by one or more of
the other cooperating counties.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 14.

Laws 2005, chapter 136, article 1, section 13, subdivision 3, is amended to
read:

Subd. 3.

Community Services

103,556,000

103,369,000

Summary by Fund
General Fund	103,456,000	103,269,000
Special Revenue	100,000	100,000

SHORT-TERM OFFENDERS. $1,207,000
each year is for costs associated with the
housing and care of short-term offenders.
The commissioner may use up to 20 percent
of the total amount of the appropriation
for inpatient medical care for short-term
offenders with less than six months to
serve as affected by the changes made to
Minnesota Statutes, section 609.105, in
2003. All funds remaining at the end of
the fiscal year not expended for inpatient
medical care shall be added to and distributed
with the housing funds. These funds shall
be distributed proportionately based on the
total number of days short-term offenders are
placed locally, not to exceed $70 per day.
Short-term offenders may be housed in a
state correctional facility at the discretion of
the commissioner.

The Department of Corrections is exempt
from the state contracting process for the
purposes of Minnesota Statutes, section
609.105, as amended by Laws 2003, First
Special Session chapter 2, article 5, sections
7 to 9.

GPS MONITORING OF SEX
OFFENDERS. $500,000 the first
year and $162,000 the second year are for the
acquisition and service of bracelets equipped
with tracking devices designed to track
and monitor the movement and location of
criminal offenders. The commissioner shall
use the bracelets to monitor high-risk sex
offenders who are on supervised release,
conditional release, parole, or probation to
help ensure that the offenders do not violate
conditions of their release or probation.

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

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

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

SEX OFFENDER ASSESSMENT
REIMBURSEMENTS. $350,000 each year
is to deleted text begin provide grants todeleted text end new text begin reimbursenew text end counties new text begin or
their designees, or courts new text end fordeleted text begin reimbursementsdeleted text end
deleted text begin fordeleted text end sex offender assessments as required
under Minnesota Statutes, section 609.3452,
subdivision 1, which is being renumbered as
section 609.3457.

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

INCREASED SUPERVISION OF SEX
OFFENDERS, DOMESTIC VIOLENCE
OFFENDERS, AND OTHER VIOLENT
OFFENDERS. $1,500,000 each year is for
the increased supervision of sex offenders
and other violent offenders, including
those convicted of domestic abuse. These
appropriations may not be used to supplant
existing state or county probation officer
positions.

The commissioner shall distribute $1,050,000
in grants each year to Community Corrections
Act counties and $450,000 each year to the
Department of Corrections Probation and
Supervised Release Unit. The commissioner
shall distribute the funds to the Community
Corrections Act counties according to the
formula contained in Minnesota Statutes,
section 401.10.

Prior to the distribution of these funds, each
Community Corrections Act jurisdiction and
the Department of Corrections Probation
and Supervised Release Unit shall submit
to the commissioner an analysis of need
along with a plan to meet their needs and
reduce the number of sex offenders and other
violent offenders, including domestic abuse
offenders, on probation officer caseloads.

COUNTY PROBATION OFFICERS.
$500,000 each year is to increase county
probation officer reimbursements.

INTENSIVE SUPERVISION AND
AFTERCARE FOR CONTROLLED
SUBSTANCES OFFENDERS; REPORT.
$600,000 each year is for intensive
supervision and aftercare services for
controlled substances offenders released
from prison under Minnesota Statutes,
section 244.055. These appropriations are
not added to the department's base budget.
By January 15, 2008, the commissioner
shall report to the chairs and ranking
minority members of the senate and house
of representatives committees and divisions
having jurisdiction over criminal justice
policy and funding on how this appropriation
was spent.

REPORT ON ELECTRONIC
MONITORING OF SEX OFFENDERS.
By March 1, 2006, the commissioner shall
report to the chairs and ranking minority
members of the senate and house of
representatives committees and divisions
having jurisdiction over criminal justice
policy and funding on implementing an
electronic monitoring system for sex
offenders who are under community
supervision. The report must address the
following:

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

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

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

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

(5) the technology available for the
monitoring.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 15. new text begin SUBSTANCE ABUSE TREATMENT; RECOMMENDATIONS,
REPORT.
new text end

new text begin (a) The commissioner of corrections shall make recommendations to:
new text end

new text begin (1) improve the availability of prison-based substance abuse treatment programming
and related services; and
new text end

new text begin (2) better ensure that offenders released from prison receive appropriate
community-based substance abuse treatment and services.
new text end

new text begin These recommendations must include an estimate of the financial costs associated with
implementing them.
new text end

new text begin (b) The commissioner shall recommend changes in prison-based programs or release
plans to improve the postprison release outcomes of:
new text end

new text begin (1) inmates who are directed to complete prison-based short-term substance abuse
programs; and
new text end

new text begin (2) inmates who fail the prison-based substance abuse programs they start.
new text end

new text begin (c) By January 15, 2007, the commissioner shall report to the chairs and ranking
minority members of the senate and house committees and divisions having jurisdiction
over criminal justice policy and funding on the commissioner's recommendations under
paragraphs (a) and (b).
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

ARTICLE 5

CORONERS AND MEDICAL EXAMINERS

Section 1.

Minnesota Statutes 2004, section 390.005, is amended to read:

390.005 ELECTION OR APPOINTMENT, ELIGIBILITY; VACANCIES;
REMOVAL.

Subdivision 1.

deleted text begin County electiondeleted text end new text begin Selection of coroner or medical examinernew text end .

new text begin Each
county must have a coroner or medical examiner.new text end A coroner deleted text begin shalldeleted text end new text begin maynew text end be elected deleted text begin in each
countydeleted text end new text begin , new text end as prescribed by section 382.01, deleted text begin except as provided in this sectiondeleted text end new text begin or appointed in
each countynew text end . new text begin A medical examiner must be appointed by the county board. The term of an
appointed coroner or medical examiner must not be longer than four years.new text end

Subd. 2.

Appointment by resolution.

deleted text begin In a county where the office of coroner has
not been abolished,deleted text end The board of county commissioners maynew text begin ,new text end by resolutionnew text begin ,new text end state its
intention to fill the office new text begin of coroner new text end by appointment. The resolution must be adopted at
least six months before the end of the term of the incumbent coronernew text begin , if electednew text end . After the
resolution is adopted, the board shall fill the office by appointing a person not less than
30 days before the end of the incumbent's term. The appointed coroner shall serve for a
term of office determined by the board beginning upon the expiration of the term of the
incumbent. The term must not be longer than four years.

If there is a vacancy in the new text begin elected new text end office deleted text begin in the countydeleted text end , the board may by resolution,
state its intention to fill the office by appointment. When the resolution is adopted, the
board shall fill the office by appointment immediately. The coroner shall serve for a term
determined by the board. The term must not be longer than four years.

Subd. 3.

deleted text begin Educational requirementsdeleted text end new text begin Qualificationsnew text end .

deleted text begin A coroner must have
successfully completed academic courses in pharmacology, surgery, pathology, toxicology,
and physiology. However, if a board of county commissioners determines that the office
of coroner shall not be elective and it cannot appoint any person meeting the educational
qualifications as coroner, the board may:
deleted text end

deleted text begin (1) appoint any qualified person, whether or not a resident of the county; or
deleted text end

deleted text begin (2) if no qualified person can be found, appoint a person who is serving or has served
as deputy coroner, whether or not a resident of the county. deleted text end new text begin (a) The medical examiner must
be a forensic pathologist who is certified or eligible for certification by the American
Board of Pathology. The medical examiner is an appointed public official in a system of
death investigation in which the administrative control, the determination of the extent
of the examination, need for autopsy, and the filing of the cause and manner of death
information with the state registrar pursuant to section 144.221 are all under the control
of the medical examiner.
new text end

new text begin (b) The coroner must be a physician with a valid license in good standing under
chapter 147, to practice medicine as defined under section 147.081, subdivision 3. The
coroner is a public official, elected or appointed, whose duty is to make inquiry into deaths
in certain categories, determine the cause and manner of death, and file the information
with the state registrar pursuant to section 144.221. The coroner must obtain additional
training in medicolegal death investigation, such as training by the American Board of
Medicolegal Death Investigators, within four years of taking office, unless the coroner
has already obtained this training.
new text end

new text begin (c) The coroner or medical examiner need not be a resident of the county.
new text end

Subd. 4.

Certain incumbents.

An incumbent coroner new text begin or medical examiner new text end in
office on deleted text begin July 1, 1965 meetsdeleted text end new text begin the effective date of this section is hereby deemed to meet
new text end the qualifications prescribed by this section for the purpose of continuance indeleted text begin , reelection
to, or appointment todeleted text end new text begin thenew text end officenew text begin of coroner until the end of the current term of office,
after which this statute will applynew text end .

Subd. 5.

Vacancies, removal.

Vacancies in the office of coroner new text begin or medical
examiner new text end shall be filled according to sections 375.08 and 382.02new text begin , or under subdivision 1new text end .
deleted text begin Adeleted text end new text begin The medical examiner or appointednew text end coroner may be removed deleted text begin from office as provided
by law.deleted text end new text begin by the county board during a term of office for cause shown after a hearing upon
due notice of written charges. The hearing shall be conducted in accordance with that
county's human resources policy.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 2.

new text begin [390.0065] HENNEPIN COUNTY MEDICAL EXAMINER; SELECTION
AND TERM.
new text end

new text begin Hennepin County shall use the following procedure to select the Hennepin County
medical examiner: the Hennepin County Board shall designate three licensed physicians
who shall constitute a Medical Examiner Board. One member shall be a dean or professor
of the Department of Pathology of a Class A medical school as designated by the American
Medical Association. Another member of the board shall be a member of the Minnesota
Society of Pathologists. The third member shall be designated by the Hennepin County
Medical Association from its membership. The Medical Examiner Board shall accept
applications for the position of Hennepin County medical examiner when a vacancy exists
in the office. Applications therefore shall be considered from doctors of medicine who
are: (1) graduates of a medical school recognized by the American Medical Association
or American Osteopathic Association, (2) members in good standing in the medical
profession, (3) eligible for appointment to the staff of the Hennepin County Medical
Center, and (4) certified or eligible for certification in forensic pathology by the American
Board of Pathology. The Medical Examiner Board shall review the qualifications of the
applicants and shall rank the applicants deemed qualified for the position and provide
to the county board a report of the seven highest ranked applicants together with their
qualifications. The county board shall appoint a county medical examiner from those
listed in the report. The term of the examiner shall continue for four years from the date of
appointment. Reappointment shall be made at least 90 days prior to the expiration of the
term. If a vacancy requires a temporary appointment, the board of commissioners shall
appoint a medical doctor on the staff of the county medical examiner's office to assume
the duties of the medical examiner until an appointment can be made in compliance with
the specified selection procedure. Actual and necessary expenses of the Medical Examiner
Board shall be paid in accordance with sections 471.38 to 471.415.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 3.

Minnesota Statutes 2004, section 390.01, is amended to read:

390.01 BONDnew text begin AND INDEMNIFICATIONnew text end .

deleted text begin Before taking office, the coroner shall post bond to the state in a penal sum set by the
county board, not less than $500 nor more than $10,000. The coroner's bond is subject
to the same conditions in substance as in the bond required by law to be given by the
sheriff, except as to the description of the office.deleted text end new text begin The coroner or medical examiner shall
be included in the bond held by the county for all appointed and elected county officials
and shall be defended and indemnified, pursuant to section 466.07.new text end The deleted text begin bond anddeleted text end oath of
office shall be new text begin recorded and new text end filed with the county recorder.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 4.

new text begin [390.011] AUTONOMY.
new text end

new text begin The coroner or medical examiner is an independent official of the county, subject
only to appointment, removal, and budgeting by the county board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 5.

new text begin [390.012] JURISDICTION.
new text end

new text begin The coroner or medical examiner of the county in which a person dies or is
pronounced dead shall have jurisdiction over the death, regardless of where any injury that
resulted in the death occurred. The place where death is pronounced is deemed to be the
place where death occurred. If the place of death is unknown but the dead body is found in
Minnesota, the place where the body is found is considered the place of death. If the date
of death is unknown, the date the body is found is considered the date of death, but only for
purposes of this chapter. When a death occurs in a moving conveyance and the body is first
removed in Minnesota, documentation of death must be filed in Minnesota and the place
of death is considered the place where the body is first removed from the conveyance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 6.

Minnesota Statutes 2004, section 390.04, is amended to read:

390.04 deleted text begin TO ACT WHEN SHERIFF A PARTY TO AN ACTIONdeleted text end new text begin PROVISION
FOR TRANSFER OF JURISDICTIONnew text end .

When the deleted text begin sheriff is a party to an action or when a party, or a party's agent or
attorney, files with the court administrator of the district court an affidavit stating that the
party believes the sheriff,deleted text end new text begin coroner or medical examiner, new text end because of partiality, prejudice,
consanguinity, or interest, deleted text begin willdeleted text end new text begin isnew text end not deleted text begin faithfullydeleted text end new text begin able tonew text end perform the deleted text begin sheriff's deleted text end new text begin coroner or
medical examiner's new text end duties deleted text begin in an action commenced, or about to be commenced, the clerk
shall direct process in the action to the coroner. The coroner shall perform the duties of
the sheriff relative to the action in the same manner required for a sheriff.deleted text end new text begin , the coroner or
medical examiner shall have the authority to transfer jurisdiction to another coroner or
medical examiner, as arranged by the county board.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 7.

Minnesota Statutes 2005 Supplement, section 390.05, is amended to read:

390.05 deleted text begin DEPUTIESdeleted text end new text begin MEDICAL EXAMINER OR CORONER STAFFnew text end .

deleted text begin Adeleted text end new text begin Thenew text end coroner deleted text begin shalldeleted text end new text begin or medical examiner maynew text end appoint one or more deleted text begin deputies.deleted text end new text begin
assistant coroners or assistant medical examiners, as necessary to fulfill the duties of the
office, subject to authorization by the county board. Such assistants shall have the same
qualifications as a coroner or medical examiner.new text end When the coroner new text begin or medical examiner new text end is
absent or unable to act, deleted text begin deputiesdeleted text end new text begin assistants shallnew text end have the same powers new text begin and duties new text end and are
subject to the same deleted text begin liabilities as coroners. A deputy shall be appointed in writing. The
oath and appointment shall be recorded with the county recorder. The deputy shall act by
name as deputy coroner and hold office at the same time as the coroner.deleted text end new text begin limitations as the
coroner or medical examiner. The assistants shall be appointed in writing, shall take an
oath that shall be recorded and filed with the county recorder, and shall be included in the
county bond. The assistant shall act by name as assistant coroner or medical examiner and
hold office at the pleasure of the coroner or medical examiner.
new text end

new text begin A coroner or medical examiner may appoint one or more investigators, with such
qualifications as the coroner or medical examiner deems appropriate. Such investigators
shall have the powers and duties that are delegated to them by the coroner or medical
examiner. Unless they are public employees of that county, investigators shall be
appointed in writing and take an oath, shall be included in the county bond, and the
oath and appointment shall be recorded and filed with the county recorder. Subject to
authorization of the county board, assistants may be appointed to the unclassified service
and investigators to the classified service of the county.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 8.

new text begin [390.061] MORGUE.
new text end

new text begin Every county need not have a morgue, but there must be a system or process for
receiving, storing, and releasing all dead bodies subject to this statute.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 9.

Minnesota Statutes 2004, section 390.11, is amended to read:

390.11 INVESTIGATIONS deleted text begin AND INQUESTSdeleted text end .

Subdivision 1.

deleted text begin Deaths requiring inquests and investigationsdeleted text end new text begin Reports of deathnew text end .

deleted text begin Except as provided in subdivision 1a, the coroner shall investigate and may conduct
inquests in all human deaths of the following types: deleted text end new text begin All sudden or unexpected deaths
and all deaths that may be due entirely or in part to any factor other than natural disease
processes must be promptly reported to the coroner or medical examiner for evaluation.
Sufficient information must be provided to the coroner or medical examiner. Reportable
deaths include, but are not limited to:
new text end

(1) new text begin unnatural deaths, including new text end violent deathsdeleted text begin , whether apparently homicidal,
suicidal, or accidental, including but not limited to deaths due to thermal, chemical,
electrical, or radiational injury, and deaths due to criminal abortion, whether apparently
self induced or not;deleted text end new text begin arising from homicide, suicide, or accident;
new text end

new text begin (2) deaths due to a fire or associated with burns or chemical, electrical, or radiation
injury;
new text end

new text begin (3) unexplained or unexpected perinatal and postpartum maternal deaths;
new text end

deleted text begin (2) deleted text end new text begin (4) new text end deaths under new text begin suspicious, new text end unusualnew text begin ,new text end or deleted text begin mysterious deleted text end new text begin unexpected new text end circumstances;

deleted text begin (3)deleted text end new text begin (5)new text end deaths of persons whose bodies are to be cremateddeleted text begin , dissected, buried at sea,deleted text end
or otherwise disposed of so that the bodies will later be unavailable for examination; deleted text begin and
deleted text end

deleted text begin (4)deleted text end new text begin (6)new text end deaths of inmates of public institutions new text begin and persons in custody of law
enforcement officers new text end who deleted text begin aredeleted text end new text begin havenew text end not new text begin been new text end hospitalized new text begin primarily new text end for organic disease deleted text begin and
whose deaths are not of any type referred to in clause (1) or (2).deleted text end new text begin ;
new text end

new text begin (7) deaths that occur during, in association with, or as the result of diagnostic,
therapeutic, or anesthetic procedures;
new text end

new text begin (8) deaths due to culpable neglect;
new text end

new text begin (9) stillbirths of 20 weeks or longer gestation unattended by a physician;
new text end

new text begin (10) sudden deaths of persons not affected by recognizable disease;
new text end

new text begin (11) unexpected deaths of persons notwithstanding a history of underlying disease;
new text end

new text begin (12) deaths in which a fracture of a major bone such as a femur, humerus, or tibia
has occurred within the past six months;
new text end

new text begin (13) deaths unattended by a physician occurring outside of a licensed health care
facility or licensed residential hospice program;
new text end

new text begin (14) deaths of persons not seen by their physician within 120 days of demise;
new text end

new text begin (15) deaths of persons occurring in an emergency department;
new text end

new text begin (16) stillbirths or deaths of newborn infants in which there has been maternal use of
or exposure to unprescribed controlled substances including street drugs or in which there
is history or evidence of maternal trauma;
new text end

new text begin (17) unexpected deaths of children;
new text end

new text begin (18) solid organ donors;
new text end

new text begin (19) unidentified bodies;
new text end

new text begin (20) skeletonized remains;
new text end

new text begin (21) deaths occurring within 24 hours of arrival at a health care facility if death
is unexpected;
new text end

new text begin (22) deaths associated with the decedent's employment;
new text end

new text begin (23) deaths of nonregistered hospice patients or patients in nonlicensed hospice
programs; and
new text end

new text begin (24) deaths attributable to acts of terrorism.
new text end

new text begin The coroner or medical examiner shall determine the extent of the coroner's or medical
examiner's investigation, including whether additional investigation is needed by the
coroner or medical examiner, jurisdiction is assumed, or an autopsy will be performed,
notwithstanding any other statute.
new text end

Subd. 1a.

Commissioner of corrections; investigation of deaths.

deleted text begin The
commissioner of corrections may require that all Department of Corrections incarcerated
deaths be reviewed by an independent, contracted, board-certified forensic pathologist. deleted text end new text begin
For deaths occurring within a facility licensed by the Department of Corrections, the
coroner or medical examiner shall ensure that a forensic pathologist who is certified by
the American Board of Pathology reviews each death and performs an autopsy on all
unnatural, unattended, or unexpected deaths and others as necessary.
new text end

new text begin Subd. 1b. new text end

new text begin Hospice registration. new text end

new text begin Each coroner and medical examiner shall establish
a registration policy regarding hospice patients. If a hospice patient is determined to be
properly preregistered, the coroner or medical examiner may treat the death as attended
by a physician.
new text end

Subd. 2.

deleted text begin Violent or mysterious deaths;deleted text end Autopsies.

The coroner new text begin or medical
examiner new text end may deleted text begin conductdeleted text end new text begin ordernew text end an autopsynew text begin , at the coroner or medical examiner's sole
discretion,new text end in the case of any human death referred to in subdivision 1, deleted text begin clause (1) or (2),deleted text end
whennew text begin , in the judgment ofnew text end the coroner deleted text begin judges thatdeleted text end new text begin or medical examinernew text end the public interest
deleted text begin requiresdeleted text end new text begin would be served by new text end an autopsydeleted text begin , except that an autopsy must be conducted in all
unattended inmate deaths that occur in a state correctional facilitydeleted text end .new text begin The autopsy shall be
performed without unnecessary delay. A report of the facts developed by the autopsy
and findings of the person performing the autopsy shall be made promptly and filed in
the office of the coroner or medical examiner. When further investigation is deemed
advisable, a copy of the report shall be delivered to the county attorney. Every autopsy
performed pursuant to this subdivision shall, whenever practical, be performed in the
county morgue. Nothing herein shall require the coroner or medical examiner to order an
autopsy upon the body of a deceased person if the person died of known or ascertainable
causes or had been under the care of a licensed physician immediately prior to death or if
the coroner or medical examiner determines the autopsy to be unnecessary.
new text end

new text begin Autopsies performed pursuant to this subdivision may include the removal,
retention, testing, or use of organs, parts of organs, fluids or tissues, at the discretion of
the coroner or medical examiner, when removal, retention, testing, or use may be useful
in determining or confirming the cause of death, mechanism of death, manner of death,
identification of the deceased, presence of disease or injury, or preservation of evidence.
Such tissue retained by the coroner or medical examiner pursuant to this subdivision shall
be disposed of in accordance with standard biohazardous hospital and/or surgical material
and does not require specific consent or notification of the legal next of kin. When
removal, retention, testing, and use of organs, parts of organs, fluids, or tissues is deemed
beneficial, and is done only for research or the advancement of medical knowledge and
progress, written consent or documented oral consent shall be obtained from the legal next
of kin, if any, of the deceased person prior to the removal, retention, testing, or use.
new text end

Subd. 2a.

Deaths caused by fire; autopsies.

deleted text begin The coroner shall conduct an autopsy
in the case of any human death reported to the coroner by the state fire marshal or a chief
officer under section deleted text begin 299F.04, subdivision 5deleted text end , and apparently caused by fire. deleted text end new text begin The coroner
or medical examiner shall conduct an autopsy or require that one be performed in the
case of a death reported to the coroner or medical examiner by the state fire marshal or a
chief officer under section 299F.04, subdivision 5, and apparently caused by fire, and in
which the decedent is pronounced dead outside of a hospital or in which identification
of the decedent has not been confirmed. If the decedent has died in a hospital and
identification is not in question, an autopsy may be performed or ordered by the coroner or
medical examiner.
new text end

Subd. 3.

deleted text begin Other deaths; autopsies;deleted text end Exhumation; deleted text begin consentdeleted text end new text begin disintermentnew text end .

The
coroner deleted text begin may conduct an autopsy in the case of any human death referred to in subdivision
1, clause (3) or (4),deleted text end or new text begin medical examiner new text end may exhume any human body and perform
an autopsy on it in the case of any human death referred to in subdivision 1 when the
coroner new text begin or medical examiner new text end judges that the public interest requires an autopsy. No
deleted text begin autopsydeleted text end new text begin exhumationnew text end shall be conducted unless the surviving deleted text begin spouse, ordeleted text end new text begin legalnew text end next of kin
deleted text begin if there is no surviving spouse,deleted text end consents to it, or the district court of the county where the
body is located or burieddeleted text begin , upon notice as the court directs, enters an order authorizing an
autopsy or an exhumation and autopsydeleted text end new text begin orders it. Notice of such exhumation shall be given
as directed by the district courtnew text end . Application for an order may be made by the coronernew text begin ,
medical examiner,new text end or deleted text begin by thedeleted text end county attorney of the county where the body is located or
buried, new text begin and shall be granted new text end upon a showing that the court deems appropriate.

Subd. 4.

Assistance of medical specialists.

If during an investigation the coroner new text begin or
medical examiner new text end believes the assistance of pathologists, toxicologists, deleted text begin deputy coroners,deleted text end
laboratory technicians, or other medicalnew text begin , scientific, or forensicnew text end experts is necessary to
determine new text begin or confirm new text end the cause new text begin or manner new text end of death, new text begin identification, time of death, or to
address other issues requiring expert opinion, new text end the coroner deleted text begin shalldeleted text end new text begin or medical examiner maynew text end
obtain their assistance.

Subd. 5.

Inquest.

new text begin An inquest into a death may be held at the request of the medical
examiner and the county attorney or the coroner and the county attorney. An inquest is
optional and the coroner or medical examiner may investigate and certify a death without
one. The coroner or medical examiner and county attorney may decide how to empanel
the inquest. Inquest records will be made public, but new text end the record and report of the inquest
proceedings may not be used in evidence in any civil action arising out of the death for
which an inquest was ordered. deleted text begin Before an inquest is held, the coroner shall notify the
county attorney to appear and examine witnesses at the inquest.deleted text end new text begin Whenever the decision
is made to hold an inquest, the county attorney may issue subpoenas for witnesses and
enforce their attendance. The persons served with subpoenas shall be allowed the same
compensation and be subject to the same enforcement and penalties as provided by Rule
22 of the Minnesota Rules of Criminal Procedure.
new text end

Subd. 6.

Recordsnew text begin kept by coroner or medical examinernew text end .

The coroner new text begin or medical
examiner new text end shall keep new text begin full and complete records, new text end properly indexed deleted text begin recordsdeleted text end new text begin ,new text end giving the name,
if known, of every person whose death is investigated, the place where the body was
found, the date, cause, and manner of death, and all other deleted text begin relevantdeleted text end new text begin availablenew text end information
concerning the deathdeleted text begin .deleted text end new text begin that the coroner or medical examiner considers pertinent. These
records of the coroner or medical examiner are the property of the county and subject to
chapter 13. These records shall be kept at the coroner's or medical examiner's office,
unless no storage space is available. They shall then be kept with official county records
and only released in accordance with the Data Practices Act. Records shall be kept in
accordance with section 15.17.
new text end

Subd. 7.

deleted text begin Reportsdeleted text end new text begin Duty to reportnew text end .

deleted text begin (a)deleted text end Deaths of the types described in this section
must be promptly reported for investigation to the coroner new text begin or medical examiner and, when
appropriate, to the law enforcement agency with jurisdiction, new text end by the law enforcement
officer, attending physician, new text begin health care professional, new text end morticiannew text begin or funeral directornew text end , person
in charge of the public institutions referred to in subdivision 1, or deleted text begin other person with
knowledge of the death.deleted text end new text begin anyone who discovers a deceased person. In a case in which a
crime may be involved, the coroner or medical examiner shall promptly notify the law
enforcement agency with jurisdiction over a criminal investigation of the death.
new text end

new text begin Subd. 7a. new text end

new text begin Records and other material available to coroner or medical examiner.
new text end

deleted text begin (b) For the purposes of this section, health-related records or data on a decedent, deleted text end Except
new text begin for new text end health data defined in section 13.3805, subdivision 1,new text begin paragraph (a), clause (2),
health-related records or data on a decedentnew text end whose death is being investigated under
this section, deleted text begin whether the records or data are recorded or unrecorded, including but
not limited to those concerning medical, surgical, psychiatric, psychological, or any
other consultation, diagnosis, or treatment, including medical imaging,deleted text end shall be made
promptly available to the coronernew text begin or medical examinernew text end , upon the coroner's new text begin or medical
examiner's new text end written request, by deleted text begin adeleted text end new text begin anynew text end personnew text begin , agency, entity, or organizationnew text end having
custody of, possession of, access to, or knowledge of the records or data. new text begin This provision
includes records and data, whether recorded or unrecorded, including but not limited to,
records and data, including medical imaging, concerning medical, surgical, psychiatric,
psychological, chemical dependency, or any other consultation, diagnosis, or treatment.
In cases involving a stillborn infant or the death of a fetus or infant less than one year
of age, the prenatal records on the decedent's mother may also be subpoenaed by the
coroner or medical examiner. new text end The coroner new text begin or medical examiner new text end shall pay the reasonable
costs of copies of records or data new text begin so new text end provided deleted text begin to the coronerdeleted text end under this section. Data
collected or created pursuant to this subdivision relating to any psychiatric, psychological,
or mental health consultation with, diagnosis of, or treatment of the decedent whose
death is being investigated shall remain confidential or protected nonpublic data, except
that the coroner's new text begin or medical examiner's final summary new text end report may contain a summary
ofnew text begin , or references to,new text end such data. new text begin Where records of a decedent become part of the medical
examiner's or coroner's file, they are not subject to subpoena or a request for production
directed to the medical examiner or coroner. Body fluids, slides, tissue, organ specimens,
radiographs, monitor records, video or other recordings, and any other material or article
of diagnostic value obtained from the decedent prior to death, shall be made available to
the coroner or medical examiner upon request. Notwithstanding the provisions of sections
13.384 and 595.02, the coroner or medical examiner shall have the power to subpoena any
and all documents, records, including medical records, and papers deemed useful in the
investigation of a death.
new text end

new text begin Subd. 7b. new text end

new text begin Records released by coroner or medical examiner. new text end

new text begin Records and
reports, including those of autopsies performed, generated, and certified by the coroner or
medical examiner shall be admissible as evidence in any court or grand jury proceeding.
The admissibility of such evidence under this subdivision shall not include statements
made by witnesses or other persons unless otherwise admissible.
new text end

Subd. 8.

new text begin Investigation procedure; new text end coroner new text begin or medical examiner new text end in charge of
body.

Upon notification of deleted text begin adeleted text end new text begin thenew text end death deleted text begin subject todeleted text end new text begin of any person as defined in new text end this section,
the coroner or deleted text begin deputy shalldeleted text end new text begin medical examiner staff or their designee maynew text end proceed to the
body, take charge of it, anddeleted text begin ,deleted text end new text begin arrange for transfer of it, when appropriate. This provision
also applies to bones, body parts, and specimens that may be human remains. Discovery
of such bones, body parts, and specimens must be promptly reported to the coroner or
medical examiner.new text end When necessary, new text begin the coroner or medical examiner staff, in coordination
with the applicable law enforcement agency, may new text end order that there be no interference with
new text begin or compromise of new text end the body or the scene of death.new text begin In the event a person is transported to
an emergency vehicle or facility and pronounced dead, the scene of death shall include
the original location of the decedent when first discovered to be ill, unresponsive, or
stricken prior to removal by emergency medical personnel. Any person violating such
an order is guilty of a gross misdemeanor. The coroner or medical examiner staff shall
make inquiry regarding the cause and manner of death and, in cases that fall under the
medical examiner's or coroner's jurisdiction, prepare written findings together with the
report of death and its circumstances, which shall be filed in the office of the coroner or
medical examiner.
new text end

Subd. 9.

Criminal act report.

deleted text begin On coming to believe that the death may have
resulted from a criminal act,deleted text end The coroner or deleted text begin deputydeleted text end new text begin medical examinernew text end shall deliver deleted text begin a
signed copy of the report of investigation or inquest to the county attorney.deleted text end new text begin to the county
attorney copies of reports or other information created by the coroner's or medical
examiner's office in any cases of a potential criminal nature.
new text end

Subd. 10.

deleted text begin Suddendeleted text end Infant death.

If a child under the age of two years dies suddenly
and unexpectedly deleted text begin under circumstances indicating that the death may have been caused
by sudden infant death syndrome, the coroner, medical examiner, or personal physician
shall notify the child's parents or guardian that an autopsy is essential to establish the
cause of death as sudden infant death syndrome. If an autopsy reveals that sudden infant
death syndrome is the cause of death, that fact must be stated in the autopsy report.deleted text end new text begin ,new text end the
parents or guardian of the child shall be promptly notified of the deleted text begin cause of death and of thedeleted text end
availability of counseling services.

deleted text begin Subd. 11. deleted text end

deleted text begin Autopsy fees. deleted text end

deleted text begin The coroner may charge a reasonable fee to a person
requesting an autopsy if the autopsy would not otherwise be conducted under subdivision
1, 2, or 3.
deleted text end

Subd. 12.

Authorized removal of deleted text begin thedeleted text end brain.

If the coroner new text begin or medical examiner new text end is
informed by a physician deleted text begin or pathologistdeleted text end that a deleted text begin dead persondeleted text end new text begin decedentnew text end is suspected of having
had Alzheimer's disease, the coroner deleted text begin shalldeleted text end new text begin or medical examiner maynew text end authorize the removal
of the brain deleted text begin of the dead persondeleted text end for the purposes of sections 145.131 and 145.132.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 10.

Minnesota Statutes 2004, section 390.111, is amended to read:

390.111 EXPENSESnew text begin AND COMPENSATIONnew text end .

The county board deleted text begin may allowdeleted text end new text begin is responsible fornew text end the reasonable and necessary
new text begin compensation and new text end expenses of the coroner or deleted text begin deputies incurred for telephone tolls,
telegrams, postage, the cost of transcribing the testimony taken at an inquest, and other
expenses incurred solely for the officers' official business under this chapter.deleted text end new text begin medical
examiner, assistants, investigators, and other medical specialists.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 11.

Minnesota Statutes 2004, section 390.15, is amended to read:

390.15 deleted text begin WITNESSES;deleted text end FEES.

The coroner new text begin or medical examiner new text end may deleted text begin issue subpoenas for witnesses, returnable
immediately or at a specified time and place. The persons served with the subpoenas shall
be allowed the fees, the coroner shall enforce their attendance, and they shall be subject
to the penalties provided by statute or the Rules of Criminal Procedure.deleted text end new text begin charge a fee for
cremation approval, duplication of reports, and other administrative functions to recover
reasonable expenses, subject to county board approval.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 12.

new text begin [390.151] ORGAN AND TISSUE DONATION.
new text end

new text begin The coroner or medical examiner may facilitate donation of organs and tissues in
compliance with the Uniform Anatomical Gift Act, sections 525.921 to 525.9224.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 13.

new text begin [390.152] CREMATION APPROVAL.
new text end

new text begin After investigating deaths of persons who are to be cremated, the coroner or medical
examiner may give approval for cremation and shall record such approval by either
signing a cremation authorization form, or electronically through the centralized electronic
system for the processing of death records established by the state registrar. It shall be a
misdemeanor to perform a cremation without such approval.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 14.

Minnesota Statutes 2004, section 390.21, is amended to read:

390.21 new text begin DISPOSITION; new text end BURIAL.

deleted text begin When a coroner holds an inquest upon view of the dead body of any person
unknown, or, being called for that purpose, does not think it necessary, on view of
the body, that an inquest be held, the coroner shall have the body decently buried. All
expenses of the inquisition and burial shall be paid by the county where the dead body is
found. deleted text end new text begin After an investigation has been completed, including an autopsy if one is done, the
body shall be released promptly to the person or persons who have the right to control the
disposition of the body. Section 149A.80, subdivision 2, shall control. If the identity of
the deceased person is unknown, or if the body is unclaimed, the medical examiner or
coroner shall provide for dignified burial or storage of the remains. Dignified burial shall
not include cremation, donation for anatomic dissection, burial at sea, or other disposition
that will make the body later unavailable. The county where the dead body is found shall
pay reasonable expenses of the burial. If an estate is opened within six years and claim
made for the property or proceeds of the sale of the property of the decedent, the county
shall be reimbursed the amount spent on burial, with interest at the statutory rate.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 15.

Minnesota Statutes 2004, section 390.221, is amended to read:

390.221 BODIES; EFFECTS; CUSTODY.

A person may not deleted text begin removedeleted text end new text begin movenew text end , interfere with, or handle the body or the effects
of deleted text begin any persondeleted text end new text begin a decedentnew text end subject to an investigation by the deleted text begin countydeleted text end coroner or medical
examiner except upon order of the coroner deleted text begin ordeleted text end new text begin ,new text end medical examinernew text begin , assistant,new text end or deleted text begin deputydeleted text end new text begin
authorized investigatornew text end . The coroner or medical examiner shall take charge of the effects
found on new text begin or near new text end the body of a deceased person and dispose of them as deleted text begin the district
court directs by written orderdeleted text end new text begin directed under section 390.225new text end . If a crime new text begin is suspected
new text end in connection with the death of a deceased person deleted text begin is suspecteddeleted text end , the coroner or medical
examiner may prevent any personnew text begin , except law enforcement personnel,new text end from entering the
premises, rooms, or buildings, and shall have the custody of objects that the coroner or
examiner deems material evidence in the case. new text begin The coroner or medical examiner shall
release any property or articles needed for any criminal investigation to law enforcement
officers conducting the investigation, except as noted in section 390.225, subdivision 2. new text end A
deleted text begin willfuldeleted text end new text begin knowingnew text end violation of this section is a new text begin gross new text end misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 16.

new text begin [390.225] PROPERTY.
new text end

new text begin Subdivision 1. new text end

new text begin Procedure. new text end

new text begin The coroner or medical examiner may take possession of
all articles that may be useful in establishing the cause or manner of death, identification,
or next of kin of the deceased, and, if taken, mark them for identification, make an
inventory, and retain them securely until they are no longer needed for evidence or
investigation. Except as noted in subdivision 2, the coroner or medical examiner shall
release any property or articles needed for any criminal investigation to law enforcement
officers conducting the investigation.
new text end

new text begin Subd. 2. new text end

new text begin Retention of property. new text end

new text begin When a reasonable basis exists for not releasing
property or articles to law enforcement officers, the coroner or medical examiner shall
consult with the county attorney. If the county attorney determines that a reasonable basis
exists for not releasing the property or articles, the coroner or medical examiner may
retain them. The coroner or medical examiner shall obtain written confirmation of this
opinion and keep a copy in the decedent's file.
new text end

new text begin Subd. 3. new text end

new text begin Release of property. new text end

new text begin With the exception of firearms, when property or
articles are no longer needed for the investigation or as evidence, the coroner or medical
examiner shall release such property or articles to the person or persons entitled to them.
Personal property, including wearing apparel, may be released to the person entitled to
control the disposition of the body of the decedent or to the personal representative of the
decedent. Personal property not otherwise released pursuant to this subdivision must be
disposed of pursuant to section 525.393.
new text end

new text begin Subd. 4. new text end

new text begin Firearms. new text end

new text begin The coroner or medical examiner shall release all firearms,
when no longer needed, to the law enforcement agency handling the investigation.
new text end

new text begin Subd. 5. new text end

new text begin Property of unknown decedents. new text end

new text begin If the name of the decedent is not
known, the coroner or medical examiner shall release such property to the county for
disposal or sale. If the unknown decedent's identity is established and if a representative
shall qualify within six years from the time of such sale, the county administrator, or a
designee, shall pay the amount of the proceeds of the sale to the representative on behalf
of the estate upon order of the court. If no order is made within six years, the proceeds of
the sale shall become a part of the general revenue of the county.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 17.

Minnesota Statutes 2004, section 390.23, is amended to read:

390.23 new text begin DEATH new text end RECORDS deleted text begin OF VIOLENT OR MYSTERIOUS DEATHdeleted text end .

No person, other than the county coronerdeleted text begin ,deleted text end new text begin or new text end medical examinerdeleted text begin , judge exercising
probate jurisdiction, or Department of Corrections' independent, contracted,
board-certified forensic pathologist,deleted text end new text begin or, for deaths occurring within a facility licensed by
the Department of Corrections, the forensic pathologist who reviewed the death,new text end shall deleted text begin issue
a recorddeleted text end new text begin file or amend the cause or mannernew text end of death new text begin information with the state registrar new text end in
cases of new text begin likely or suspected accidental, suicidal, homicidal, new text end violentnew text begin ,new text end or mysterious deathsdeleted text begin ,
including suspected homicides,deleted text end occurring in the county. deleted text begin The Department of Corrections'
independent, contracted, board-certified forensic pathologist must issue the certificate of
death in all Department of Corrections-incarcerated deaths.deleted text end new text begin The forensic pathologist who
reviewed the death of an incarcerated person within a facility licensed by the Department
of Corrections may file or amend the cause or manner of death information with the state
registrar. If there is reasonable proof that a death has occurred, but no body has been
found, a judge may direct the state registrar to register the death with the fact of death
information provided by the court order according to section 144.221, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 18.

Minnesota Statutes 2004, section 390.25, is amended to read:

390.25 deleted text begin FINGERPRINTING OFdeleted text end UNIDENTIFIED DECEASED deleted text begin PERSONdeleted text end new text begin
PERSONSnew text end .

new text begin Subdivision 1. new text end

new text begin Attempts to identify. new text end

deleted text begin Each coroner shall have fingerprinted all
deceased persons in the county whose identity is not immediately established. Within
24 hours after the body is found, the coroner shall forward to the Bureau of Criminal
Apprehension the fingerprints, fingerprint records, and other identification data. The
superintendent of the bureau shall prescribe the form of these reports. The duties are in
addition to those imposed on the coroner by section 525.393. deleted text end new text begin The coroner or medical
examiner shall make reasonable attempts to identify the deceased person promptly. These
actions may include obtaining: photographs of the body; fingerprints from the body, if
possible; formal dental examination by a dentist with forensic training, with charting and
radiographs; full body radiographs; specimens such as tissue, blood, bone, teeth, and/or
hair, suitable for DNA analysis or other identification techniques; blood type; photographs
of items such as clothing and property found on and with the body; and anthropological
determination of age, race, sex, and stature, if appropriate. All of these actions shall be
taken prior to the disposition of any unidentified deceased person.
new text end

new text begin Subd. 2. new text end

new text begin Report to BCA. new text end

new text begin After 60 days, the coroner or medical examiner
shall provide to the Bureau of Criminal Apprehension missing persons clearinghouse
information to be entered into federal and state databases that can aid in the identification,
including the National Crime Information Center database. The coroner or medical
examiner shall provide to the Bureau of Criminal Apprehension specimens suitable for
DNA analysis. DNA profiles and information shall be entered by the Bureau of Criminal
Apprehension into federal and state DNA databases within five business days after the
completion of the DNA analysis and procedures necessary for the entry of the DNA profile.
new text end

new text begin Subd. 3. new text end

new text begin Other efforts to identify. new text end

new text begin Nothing in this section shall be interpreted
to preclude any medical examiner or coroner from pursuing other efforts to identify
unidentified deceased persons, including publicizing information, descriptions, or
photographs that may aid in the identification, allowing family members to identify
missing persons, and seeking to protect the dignity of the missing persons.
new text end

new text begin Subd. 4. new text end

new text begin Preservation of data. new text end

new text begin The coroner or medical examiner may preserve
and retain photographs, specimens, documents, and other data such as dental records,
radiographs, fingerprints, or DNA, for establishing or confirming the identification of
bodies or for other forensic purposes deemed appropriate under the jurisdiction of the
office. Upon request by an appropriate agency, or upon the coroner or medical examiner's
own initiative, the coroner or medical examiner may make the information available to aid
in the establishment of the identity of a deceased person.
new text end

new text begin Subd. 5. new text end

new text begin Notice to state archaeologist. new text end

new text begin After the coroner or medical examiner
has completed the investigation, the coroner or medical examiner shall notify the state
archaeologist, according to section 307.08, of all unidentified human remains found
outside of platted, recorded, or identified cemeteries and in contexts which indicate
antiquity of greater than 50 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 19.

new text begin [390.251] REQUEST FOR EXAMINATIONS.
new text end

new text begin The coroner or medical examiner may, when requested, make physical examinations
and tests incident to any matter of a criminal nature under consideration by the district
court or county attorney, law enforcement agency, or publicly appointed criminal defense
counsel, and shall deliver a copy of a report of such tests and examinations to the person
making the request. Such an examination does not establish a doctor-patient relationship.
The person making the request shall pay the cost of such examinations and tests.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

Sec. 20.

new text begin [390.252] CONTRACTS FOR SERVICES.
new text end

new text begin A county board may contract to perform coroner or medical examiner services
with other units of government or their agencies under a schedule of fees approved by
that board.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

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

new text begin Minnesota Statutes 2004, sections 383A.36; 383B.225, subdivisions 1, 2, 3, 4, 6, 7,
8, 9, 10, 11, 12, and 13; 390.006; 390.06; 390.07; 390.16; 390.17; 390.19; 390.20; 390.24;
and 390.36, new text end new text begin and new text end new text begin Minnesota Statutes 2005 Supplement, section 383B.225, subdivision
5, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end

SF 2738

Bill Text Versions

Current Version - 1st Engrossment

ARTICLE 1

GENERAL CRIMINAL AND SENTENCING PROVISIONS

Section 1.

Subd. 5.

Procedures in cases where state intends to seek an aggravated departure.

new text begin EFFECTIVE DATE. new text end

Sec. 2.

Subd. 6.

Defendants to present evidence and argument.

new text begin EFFECTIVE DATE. new text end

Sec. 3.

Subd. 7.

Waiver of jury determination.

new text begin EFFECTIVE DATE. new text end

Sec. 4.

Subdivision 1.

Definitions.

new text begin EFFECTIVE DATE. new text end

Sec. 5.

Subd. 4.

Requirements.

new text begin EFFECTIVE DATE. new text end

Sec. 6.

Subd. 5.

Seizure.

new text begin EFFECTIVE DATE. new text end

Sec. 7.

new text begin Subd. 9a. new text end

new text begin Confinement and control. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 8.

Subd. 10.

Penalty.

new text begin EFFECTIVE DATE. new text end

Sec. 9.

Subd. 6.

Disposition of fines, fees and other money; accounts.

new text begin EFFECTIVE DATE. new text end

Sec. 10.

Subd. 11.

Fees payable to administrator.

new text begin EFFECTIVE DATE. new text end

Sec. 11.

Subd. 14.

Violation of an order for protection.

new text begin EFFECTIVE DATE. new text end

Sec. 12.

new text begin Subd. 19a. new text end

new text begin Entry and enforcement of foreign protective orders. new text end

new text begin EFFECTIVE DATE. new text end

Sec. 13.

Subd. 22.

Domestic abuse no contact order.

new text begin EFFECTIVE DATE. new text end

Sec. 14.

Subd. 16.

Qualified domestic violence-related offense.

new text begin EFFECTIVE DATE. new text end

Sec. 15.

Subd. 7.

Prosecutor shall establish.

new text begin EFFECTIVE DATE. new text end

Sec. 16.

Subdivision 1.

Application.

new text begin EFFECTIVE DATE. new text end

Sec. 17.

Subd. 6.

Public employees with mandated duties.

new text begin EFFECTIVE DATE. new text end

Sec. 18.

Subd. 2.

Gross misdemeanor.

new text begin EFFECTIVE DATE. new text end

Sec. 19.

Subd. 4.

Felony.

Procedures in cases where state intends to seek an aggravated
departure.

609.283 UNLAWFUL CONDUCT WITH RESPECT TO DOCUMENTS IN
FURTHERANCE OF LABOR OR SEX TRAFFICKING.

new text begin [609.8935] UNLAWFUL CONDUCT RELATING TO TELEPHONE
RECORDS.
new text end