SF 2856

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to criminal justice; crime prevention; 
  1.3             appropriating money for the judicial branch, public 
  1.4             safety, corrections, criminal justice, crime 
  1.5             prevention programs, and other related purposes; 
  1.6             providing for community notification of the release of 
  1.7             certain sex offenders, expanding the sex offender 
  1.8             registration act; implementing, clarifying, and 
  1.9             modifying certain criminal and juvenile provisions; 
  1.10            prescribing, clarifying, and modifying certain penalty 
  1.11            provisions; establishing and expanding pilot programs, 
  1.12            grant programs, task forces, committees, and studies; 
  1.13            providing for the retention of consultants; limiting 
  1.14            expungement of certain criminal records and providing 
  1.15            an expungement process; reconciling various provisions 
  1.16            on criminal history background checks; prohibiting use 
  1.17            of deadly force against peace officers under certain 
  1.18            circumstances; amending Minnesota Statutes 1994, 
  1.19            sections 2.724, subdivision 3; 13.99, subdivision 53a; 
  1.20            144A.46, subdivision 5; 152.02, subdivision 2; 168.36, 
  1.21            by adding a subdivision; 169.09, subdivision 14; 
  1.22            169.791, subdivisions 2a, 3, and 4; 169.792, 
  1.23            subdivisions 1, 2, 3, 5, and 6; 181.9412; 241.275; 
  1.24            242.31, subdivision 2; 244.09, subdivision 5; 244.10, 
  1.25            by adding a subdivision; 244.17, subdivision 2; 
  1.26            244.172, subdivision 2; 260.141, by adding a 
  1.27            subdivision; 260.145; 260.161, subdivision 1a; 
  1.28            260.171, subdivision 2; 260.281; 260.301; 260.311, 
  1.29            subdivision 3a; 268.30, subdivision 2; 299A.35, as 
  1.30            amended; 299C.13; 352.90; 352.91, subdivisions 1, 2, 
  1.31            3b, 4, and by adding subdivisions; 352.92, subdivision 
  1.32            2; 401.10; 490.15, by adding a subdivision; 609.035, 
  1.33            subdivision 1, and by adding a subdivision; 609.06; 
  1.34            609.11, subdivisions 5 and 9; 609.135, subdivision 1; 
  1.35            609.165, subdivision 1b; 609.21, subdivisions 1, 2, 
  1.36            2a, 3, and 4; 609.2231, subdivision 2, and by adding a 
  1.37            subdivision; 609.224, subdivision 4; 609.3451, by 
  1.38            adding a subdivision; 609.487, by adding a 
  1.39            subdivision; 609.52, subdivision 2; 609.5316, 
  1.40            subdivision 3; 609.583; 609.596; 609.611; 609.66, 
  1.41            subdivision 1a; 609.666, subdivision 1; 609.749, by 
  1.42            adding a subdivision; 609.855, subdivision 5; 611.271; 
  1.43            611A.04, subdivisions 1a and 3; 611A.25, subdivision 
  1.44            3; 611A.361, subdivision 3; and 624.713, subdivision 
  1.45            2; Minnesota Statutes 1995 Supplement, sections 
  1.46            16B.181; 144.057, subdivisions 1, 3, and 4; 152.18, 
  2.1             subdivision 1; 242.31, subdivision 1; 243.166, 
  2.2             subdivisions 1 and 7; 243.212; 245A.04, subdivision 3; 
  2.3             256.045, subdivision 3; 260.015, subdivision 21; 
  2.4             260.132, subdivision 3a; 260.155, subdivision 2; 
  2.5             260.195, subdivision 2a; 299A.326, subdivision 1; 
  2.6             299C.10, subdivision 1; 299C.11; 299C.67, subdivision 
  2.7             5; 299C.68, subdivisions 2, 5, and 6; 481.01; 518B.01, 
  2.8             subdivision 14; 609.10; 609.125; 609.152, subdivision 
  2.9             1; 609.19; 609.20; 609.224, subdivision 2; 609.2325, 
  2.10            subdivision 3; 609.3451, subdivision 1; 609.485, 
  2.11            subdivisions 2 and 4; 609.52, subdivision 1; 611A.01; 
  2.12            611A.04, subdivision 1; 617.23; 624.712, subdivision 
  2.13            5; and 641.15, subdivision 2; Laws 1991, chapter 271, 
  2.14            section 9; Laws 1995, chapter 229; article 3, section 
  2.15            17; proposing coding for new law in Minnesota 
  2.16            Statutes, chapters 15; 168A; 171; 241; 243; 244; 299A; 
  2.17            609; and 611A; proposing coding for new law as 
  2.18            Minnesota Statutes, chapter 609A; repealing Minnesota 
  2.19            Statutes 1994, sections 152.18, subdivision 2; 242.31, 
  2.20            subdivision 3; 260.141, subdivision 1; 299A.60; 
  2.21            352.91, subdivision 3; 609.166; 609.167; 609.168; and 
  2.22            609.495, subdivision 2. 
  2.23  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  2.24                             ARTICLE 1 
  2.25                           APPROPRIATIONS 
  2.26  Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
  2.27     The sums shown in the columns marked "APPROPRIATIONS" are 
  2.28  appropriated from the general fund, or another fund named, to 
  2.29  the agencies and for the purposes specified in this article, to 
  2.30  be available for the fiscal years indicated for each purpose.  
  2.31  The figures "1996" and "1997," where used in this article, mean 
  2.32  that the appropriation or appropriations listed under them are 
  2.33  available for the year ending June 30, 1996, or June 30, 1997, 
  2.34  respectively. 
  2.35                          SUMMARY BY FUND
  2.36                            1996          1997           TOTAL
  2.37  General            $      764,000 $   16,539,000 $   17,303,000
  2.38  Special Revenue           -0-            984,000        984,000
  2.39  Trunk Highway              19,000        -0-             19,000
  2.40  TOTAL              $      783,000 $   17,523,000 $   18,306,000
  2.41                                             APPROPRIATIONS 
  2.42                                         Available for the Year 
  2.43                                             Ending June 30 
  2.44                                            1996         1997 
  2.45  Sec. 2.  SUPREME COURT       $       -0-     $      350,000 
  2.46  $350,000 is a one-time appropriation 
  2.47  for civil legal services to low-income 
  2.48  clients.  
  2.49  The conference of chief judges and 
  3.1   board of public defense are requested 
  3.2   to study ways to improve court 
  3.3   appearance scheduling to maximize use 
  3.4   of public defenders and minimize 
  3.5   travel.  The state court administrator 
  3.6   is requested to report recommendations 
  3.7   by January 15, 1997, to the committees 
  3.8   on judiciary and judiciary finance in 
  3.9   the house of representatives and the 
  3.10  committee on crime prevention in the 
  3.11  senate. 
  3.12  Sec. 3.  BOARD OF JUDICIAL
  3.13  STANDARDS                                100,000        -0-    
  3.14  This is a one-time appropriation. 
  3.15  Sec. 4.  PUBLIC SAFETY                                      
  3.16  Subdivision 1.  Total
  3.17  Appropriation                            683,000      7,040,000
  3.18                Summary by Fund
  3.19                          1996          1997
  3.20  General                 664,000     7,040,000
  3.21  Trunk Highway            19,000       -0-     
  3.22  $4,660,000 is a one-time appropriation 
  3.23  for the purposes specified in this 
  3.24  paragraph.  Of this amount, 54.5 
  3.25  percent is for grants to hire new peace 
  3.26  officers under Minnesota Statutes, 
  3.27  section 299A.62; 21.5 percent is for 
  3.28  grants to fund overtime for law 
  3.29  enforcement officers under Minnesota 
  3.30  Statutes, section 299A.62; 13 percent 
  3.31  is for weed and seed grants; and 11 
  3.32  percent is for grants to local law 
  3.33  enforcement agencies for law 
  3.34  enforcement officers assigned to 
  3.35  schools as school liaison officers.  
  3.36  The school liaison officer grants may 
  3.37  be used to expand the assignment of law 
  3.38  enforcement officers to middle schools, 
  3.39  junior high schools, and high schools.  
  3.40  The amount of the state grant must be 
  3.41  matched by at least an equal amount of 
  3.42  money from nonstate sources and may not 
  3.43  exceed $250,000 for a single grant. 
  3.44  Subd. 2.  Emergency Management  
  3.45         483,000         30,000
  3.46                Summary by Fund
  3.47  General                   464,000        30,000
  3.48  Trunk Highway              19,000           -0-
  3.49  $464,000 from the general fund the 
  3.50  first year and $30,000 the second year 
  3.51  are for program administration and 
  3.52  disaster relief for wind damage 
  3.53  resulting from storms occurring in the 
  3.54  summer of 1995. 
  4.1   $19,000 from the trunk highway fund the 
  4.2   first year is for program 
  4.3   administration and disaster relief for 
  4.4   wind damage resulting from storms 
  4.5   occurring in the summer of 1995. 
  4.6   Subd. 3.  Criminal Apprehension  
  4.7          -0-            500,000
  4.8   $450,000 is for four forensic 
  4.9   scientists for enhanced laboratory 
  4.10  services and four special agents. 
  4.11  $50,000 is a one-time appropriation for 
  4.12  grants from the witness and victim 
  4.13  protection fund described in Minnesota 
  4.14  Statutes, section 299C.065, subdivision 
  4.15  1a.  
  4.16  $20,000 of the fiscal year 1997 
  4.17  appropriation for the school-related 
  4.18  crime telephone line under Minnesota 
  4.19  Statutes, section 299A.60, shall be 
  4.20  transferred to be used for the 
  4.21  antiviolence advertising campaign 
  4.22  authorized in article 2. 
  4.23  The superintendent of the bureau of 
  4.24  criminal apprehension shall convene a 
  4.25  workgroup to study and make 
  4.26  recommendations on criminal justice 
  4.27  information access and retention issues 
  4.28  including processes on expungement, 
  4.29  correction of inaccurate records, 
  4.30  destruction of records, and other 
  4.31  matters relating to the privacy 
  4.32  interests of individuals.  The 
  4.33  workgroup shall also address 
  4.34  noncriminal justice agency access to 
  4.35  records. 
  4.36  The workgroup shall include 
  4.37  representatives of the criminal and 
  4.38  juvenile justice information policy 
  4.39  group and task force, the supreme court 
  4.40  implementation committee on diversity 
  4.41  and racial fairness, the department of 
  4.42  human services, the department of 
  4.43  administration, law enforcement, 
  4.44  prosecuting authorities, public 
  4.45  defenders, one member of each caucus in 
  4.46  each house, and interest and advocacy 
  4.47  groups. 
  4.48  The workgroup shall report to the 
  4.49  committee on crime prevention in the 
  4.50  senate and the committees on judiciary 
  4.51  and judiciary finance in the house of 
  4.52  representatives by January 15, 1997. 
  4.53  Subd. 4.  Drug Policy and Violence Prevention
  4.54         200,000      1,850,000
  4.55  $1,775,000 is a one-time appropriation 
  4.56  for community crime reduction grants 
  4.57  under Minnesota Statutes, section 
  4.58  299A.35.  Up to five percent of this 
  4.59  appropriation may be used for 
  4.60  administration and evaluation of the 
  5.1   programs funded by this appropriation. 
  5.2   $75,000 is a one-time appropriation to 
  5.3   fund the higher education center on 
  5.4   violence and abuse under Minnesota 
  5.5   Statutes, section 135A.153. 
  5.6   $200,000 is a one-time appropriation 
  5.7   for a grant to the Council on Black 
  5.8   Minnesotans to fund the Martin Luther 
  5.9   King, Jr. nonviolent institutional 
  5.10  child development pilot program.  This 
  5.11  sum is available the day following 
  5.12  final enactment and is available until 
  5.13  June 30, 1997. 
  5.14  Sec. 5.  BOARD OF PUBLIC
  5.15  DEFENSE                                  -0-             50,000
  5.16  This amount is to the office of the 
  5.17  state public defender to implement 
  5.18  community notification for sex 
  5.19  offenders.  This amount shall be 
  5.20  annualized and added to the base budget 
  5.21  of the office of the state public 
  5.22  defender for the 1998-1999 biennium. 
  5.23  Of the amount appropriated to the board 
  5.24  of public defense in Laws 1995, chapter 
  5.25  226, article 1, section 10, subdivision 
  5.26  3, up to $100,000 in fiscal year 1996 
  5.27  and up to $100,000 in fiscal year 1997 
  5.28  may be used by the board for the 
  5.29  operation of its management information 
  5.30  system and administration.  This 
  5.31  transfer is effective the day following 
  5.32  final enactment. 
  5.33  Sec. 6.  CORRECTIONS
  5.34  Subdivision 1.  Total Appropriation      -0-          7,069,000
  5.35  The amounts that may be spent from this 
  5.36  appropriation for each program are 
  5.37  specified in the following subdivisions.
  5.38  During the biennium ending June 30, 
  5.39  1997, whenever offenders are assigned 
  5.40  for the purpose of work under agreement 
  5.41  with a state department or agency, 
  5.42  local unit of government, or other 
  5.43  government subdivision, the state 
  5.44  department or agency, local unit of 
  5.45  government, or other governmental 
  5.46  subdivision must certify in writing to 
  5.47  the appropriate bargaining agent that 
  5.48  the work performed by inmates will not 
  5.49  result in the displacement of currently 
  5.50  employed workers or workers on seasonal 
  5.51  layoff, including partial displacement 
  5.52  such as reduction in hours of 
  5.53  nonovertime work, wages, or other 
  5.54  employment benefits. 
  5.55  The commissioner shall attempt to 
  5.56  maximize the use of inmate labor 
  5.57  throughout the state by entering into 
  5.58  negotiations and agreements, where 
  5.59  feasible. 
  5.60  Subd. 2.  Structural Deficiency
  6.1   $6,000,000 is to maintain the current 
  6.2   operations of the department's 
  6.3   correctional facilities and community 
  6.4   services programs. 
  6.5   Subd. 3.  Correctional 
  6.6   Institutions  
  6.7          -0-            345,000
  6.8   $345,000 is to fund the additional 
  6.9   employer contributions associated with 
  6.10  changes in the membership of the 
  6.11  correctional employees retirement plan. 
  6.12  The copayment required under Minnesota 
  6.13  Statutes, section 243.212, is $3 and 
  6.14  must be assessed each time medical, 
  6.15  dental, or mental health care services 
  6.16  are provided to an inmate at the 
  6.17  initiation of an inmate.  The copayment 
  6.18  must be deducted from an inmate's 
  6.19  account of earnings and other funds as 
  6.20  provided under Minnesota Statutes, 
  6.21  section 243.23, subdivision 3.  If the 
  6.22  funds in an inmate's account are 
  6.23  insufficient to pay a copayment 
  6.24  incurred, the copayment shall be a debt 
  6.25  against the account, and paid when 
  6.26  funds are available. 
  6.27  The commissioner shall develop a policy 
  6.28  to implement the smoking prohibition 
  6.29  under Minnesota Statutes, section 
  6.30  243.555.  In developing the policy, the 
  6.31  commissioner shall meet and confer with 
  6.32  representatives of bargaining units to 
  6.33  address employee concerns including, 
  6.34  but not limited to, employee education 
  6.35  on the smoking prohibition, control of 
  6.36  tobacco and tobacco-related devices as 
  6.37  contraband, and employee discipline and 
  6.38  grievance procedures related to the 
  6.39  smoking prohibition. 
  6.40  The commissioner shall enter into a 
  6.41  contract with a nonprofit correctional 
  6.42  facility to house at least 200 inmates 
  6.43  at the facility by April 1, 1997, if 
  6.44  the cost does not exceed $55 per inmate 
  6.45  per day.  
  6.46  Subd. 4.  Community Services
  6.47         -0-            720,000
  6.48  $95,000 is a one-time appropriation for 
  6.49  grants to aid in the establishment and 
  6.50  implementation of family group 
  6.51  conferencing programs in Dakota county 
  6.52  and the first judicial district. 
  6.53  $225,000 is a one-time appropriation to 
  6.54  establish and fund pilot programs to 
  6.55  provide intensive monitoring in the 
  6.56  community for juveniles who have 
  6.57  committed or who are at risk to commit 
  6.58  status offenses or juvenile acts.  Not 
  6.59  more than $12,000 of this appropriation 
  6.60  may be used to prepare the required 
  6.61  report.  This sum is available until 
  7.1   June 30, 1998. 
  7.2   $250,000 is a one-time appropriation to 
  7.3   fund a collaborative project for 
  7.4   at-risk juveniles to be established by 
  7.5   the southwest and west central service 
  7.6   cooperatives in the Willmar public 
  7.7   schools and community in collaboration 
  7.8   with the Willmar regional treatment 
  7.9   center. 
  7.10  $150,000 is to implement community 
  7.11  notification for sex offenders. 
  7.12  In fiscal year 1997, the commissioner 
  7.13  shall distribute money appropriated for 
  7.14  state and county probation officer 
  7.15  caseload reduction, increased 
  7.16  supervised release and probation 
  7.17  services, and county probation officer 
  7.18  reimbursement according to the formula 
  7.19  contained in Minnesota Statutes, 
  7.20  section 401.10.  These appropriations 
  7.21  may not be used to supplant existing 
  7.22  state or county probation officer 
  7.23  positions or existing correctional 
  7.24  services or programs.  The money 
  7.25  appropriated under this provision is 
  7.26  intended to reduce state and county 
  7.27  probation officer workload overcrowding 
  7.28  and to increase supervision of 
  7.29  individuals sentenced to probation at 
  7.30  the county level.  This increased 
  7.31  supervision may be accomplished through 
  7.32  a variety of methods, including, but 
  7.33  not limited to:  (1) innovative 
  7.34  technology services, such as automated 
  7.35  probation reporting systems and 
  7.36  electronic monitoring; (2) prevention 
  7.37  and diversion programs; (3) 
  7.38  intergovernmental cooperation 
  7.39  agreements between local governments 
  7.40  and appropriate community resources; 
  7.41  and (4) traditional probation program 
  7.42  services. 
  7.43  $75,000 of the fiscal year 1997 
  7.44  probation caseload reduction 
  7.45  appropriation must be transferred to 
  7.46  the director of the office of strategic 
  7.47  and long-range planning to be used by 
  7.48  the criminal justice center for the 
  7.49  development of a weighted workload 
  7.50  study to be used as a basis of 
  7.51  distributing probation officer caseload 
  7.52  reduction funding across all three 
  7.53  probation delivery systems, based on 
  7.54  uniform workload standards and level of 
  7.55  risk of individual offenders.  In 
  7.56  conducting this study, the center shall 
  7.57  consult with an advisory committee 
  7.58  appointed for this purpose by the 
  7.59  commissioner and consisting of 
  7.60  representatives of county 
  7.61  commissioners, county corrections 
  7.62  professionals, and the department of 
  7.63  corrections.  The center also may 
  7.64  contract with national experts in the 
  7.65  fields of community corrections and 
  7.66  probation to conduct or assist in 
  7.67  conducting the study.  The center shall 
  8.1   submit the study to the legislature by 
  8.2   February 1, 1997, and shall include in 
  8.3   it an addendum that summarizes the 
  8.4   response received from interested 
  8.5   community corrections agencies and 
  8.6   organizations.  In fiscal year 1998 and 
  8.7   each subsequent year, subject to 
  8.8   legislative approval, the commissioner 
  8.9   shall distribute money appropriated for 
  8.10  state and county probation officer 
  8.11  caseload reduction according to this 
  8.12  weighted workload study. 
  8.13  The chairs of the house judiciary 
  8.14  finance committee and the senate crime 
  8.15  prevention finance division or their 
  8.16  designees shall convene a work group to 
  8.17  review possible measures of probation 
  8.18  officer travel time for inclusion in 
  8.19  the community corrections funding 
  8.20  formula defined in Minnesota Statutes, 
  8.21  section 401.10.  The work group shall 
  8.22  complete its review by October 30, 
  8.23  1996, and shall present its 
  8.24  recommendations to the 1997 legislature.
  8.25  Notwithstanding Minnesota Statutes, 
  8.26  section 401.10, in fiscal year 1997, 
  8.27  the commissioner shall allocate 
  8.28  $27,912,000 in community corrections 
  8.29  act base funding so that no county 
  8.30  receives less money in fiscal year 1997 
  8.31  than it received in fiscal year 1995. 
  8.32  All money received by the commissioner 
  8.33  of corrections pursuant to the domestic 
  8.34  abuse assessment fee under Minnesota 
  8.35  Statutes, section 609.2244, shall be 
  8.36  available for use by the commissioner 
  8.37  and is hereby appropriated annually to 
  8.38  the commissioner of corrections for 
  8.39  costs related to conducting the 
  8.40  assessments. 
  8.41  Subd. 5.  Management Services  
  8.42         -0-              4,000
  8.43  $4,000 is a one-time appropriation for 
  8.44  the international women's shelter in 
  8.45  Rochester, Minnesota for the purpose of 
  8.46  researching, preparing, and translating 
  8.47  into appropriate languages a brochure 
  8.48  on laws concerning violence against 
  8.49  women and children, including, but not 
  8.50  limited to, laws on domestic abuse, 
  8.51  child abuse, and female genital 
  8.52  mutilation.  
  8.53  Notwithstanding the provisions of Laws 
  8.54  1995, chapter 226, article 1, section 
  8.55  22, the funds appropriated under Laws 
  8.56  1995, chapter 226, article 1, for the 
  8.57  fiscal year ending June 30, 1997, to 
  8.58  the department of corrections for 
  8.59  victim services, the department of 
  8.60  public safety for crime victim 
  8.61  services, and the supreme court for 
  8.62  community dispute resolution are 
  8.63  available. 
  9.1   The governor shall designate the 
  9.2   department of corrections as the state 
  9.3   agency authorized to receive and 
  9.4   administer any funds made available 
  9.5   through the STOP Violence Against Women 
  9.6   Formula and Discretionary Grants 
  9.7   Program of the United States Department 
  9.8   of Justice under Code of Federal 
  9.9   Regulations, title 28, chapter 1. 
  9.10  Subd. 6.  Spending Cap                                         
  9.11  General fund spending by the department 
  9.12  of corrections is limited to 
  9.13  $614,000,000 in the biennium ending 
  9.14  June 30, 1999. 
  9.15  The commissioner of corrections shall 
  9.16  prepare and submit to the legislature 
  9.17  by December 1, 1996, a proposal on how 
  9.18  to limit the increase in general fund 
  9.19  appropriations to the department of 
  9.20  corrections from the 1996-1997 biennium 
  9.21  to the 1998-1999 biennium so as not to 
  9.22  exceed the spending cap.  The 
  9.23  commissioner may also submit 
  9.24  alternative proposals to accomplish the 
  9.25  same goal.  The proposal or proposals 
  9.26  must include the commissioner's 
  9.27  recommendations for changes in 
  9.28  administration, programming, staffing, 
  9.29  and community services. 
  9.30  Sec. 7.  HUMAN SERVICES                  -0-            404,000
  9.31                Summary by Fund
  9.32                          1996          1997
  9.33  General                 -0-           350,000
  9.34  Special                 -0-            54,000 
  9.35  $250,000 is a one-time appropriation 
  9.36  for grants under Minnesota Statutes, 
  9.37  section 256F.11.  The grants must 
  9.38  assist private and public agencies and 
  9.39  organizations to provide crisis 
  9.40  nurseries to offer temporary care to 
  9.41  children who are abused or neglected, 
  9.42  or who are at high risk of abuse or 
  9.43  neglect; and children who are in 
  9.44  families receiving child protective 
  9.45  services. 
  9.46  $100,000 is a one-time appropriation 
  9.47  for the following purposes:  (1) 
  9.48  $35,000 is for a grant to Hennepin 
  9.49  county to establish a 
  9.50  community-oriented chemical dependency 
  9.51  pilot project.  This money is available 
  9.52  only upon approval by the governing 
  9.53  board of Hennepin county under 
  9.54  Minnesota Statutes, section 645.021; 
  9.55  and (2) $65,000 is for chemical 
  9.56  dependency services for the population 
  9.57  served by the pilot project.  By May 1, 
  9.58  1997, the commissioner of human 
  9.59  services shall determine whether the 
  9.60  chemical dependency fund can absorb the 
  9.61  cost of the services provided to this 
 10.1   population.  If the commissioner 
 10.2   determines that the cost can be 
 10.3   absorbed or if the additional cost does 
 10.4   not exceed $65,000, then the remaining 
 10.5   amount of this appropriation shall be 
 10.6   transferred to Hennepin county to be 
 10.7   used for the pilot project, upon 
 10.8   approval by its governing board under 
 10.9   Minnesota Statutes, section 645.021. 
 10.10  For the fiscal year ending June 30, 
 10.11  1997, $54,000 is appropriated from the 
 10.12  state government special revenue fund 
 10.13  to cover the costs of expanded criminal 
 10.14  background checks required by Minnesota 
 10.15  Statutes, sections 144.057 and 245A.04, 
 10.16  subdivision 3.  The commissioner shall 
 10.17  charge fees to recover the cost of the 
 10.18  expanded background checks and shall 
 10.19  deposit the fees into the state 
 10.20  government special revenue fund. 
 10.21  Sec. 8.  CHILDREN, FAMILIES,
 10.22  AND LEARNING                             -0-            100,000
 10.23  $100,000 is a one-time appropriation 
 10.24  for violence prevention education 
 10.25  grants under Minnesota Statutes, 
 10.26  section 126.78.  One hundred percent of 
 10.27  this appropriation must be paid 
 10.28  according to the process established in 
 10.29  Minnesota Statutes, section 124.195, 
 10.30  subdivision 9.  Up to five percent of 
 10.31  this appropriation may be used for 
 10.32  auditing, monitoring, and 
 10.33  administration of the programs funded 
 10.34  by this appropriation. 
 10.35  Sec. 9.  HEALTH                         -0-            310,000
 10.36  $250,000 is a one-time appropriation 
 10.37  for grants under Minnesota Statutes, 
 10.38  section 145A.15.  The grants must fund 
 10.39  projects designed to prevent child 
 10.40  abuse and neglect and reduce juvenile 
 10.41  delinquency. 
 10.42  $30,000 is a one-time appropriation for 
 10.43  a grant to the institute for child and 
 10.44  adolescent sexual health for early age 
 10.45  treatment programs for those children 
 10.46  exhibiting sexual aggression who have 
 10.47  not been adjudicated delinquent.  
 10.48  "Early age" means an individual who is 
 10.49  at least eight years of age but less 
 10.50  than 11 years of age. 
 10.51  $30,000 is a one-time appropriation for 
 10.52  a grant to the institute for child and 
 10.53  adolescent sexual health to identify 
 10.54  and provide leadership in resolving 
 10.55  gaps and obstacles in the delivery of 
 10.56  services to those children affected by 
 10.57  sexual aggression by establishing a 
 10.58  recognized network between individuals 
 10.59  who work with sexual abusers, victims 
 10.60  of sexual aggression, and individuals 
 10.61  who provide prevention oriented 
 10.62  education including, but not limited 
 10.63  to, the following groups:  corrections, 
 10.64  treatment facilities, the medical 
 11.1   community, schools, academia, 
 11.2   communities of faith, communities of 
 11.3   color, and other invested individuals, 
 11.4   families, and groups. 
 11.5   Sec. 10.  ECONOMIC SECURITY              -0-            580,000
 11.6   $240,000 is a one-time appropriation 
 11.7   for grants to youth intervention 
 11.8   programs under Minnesota Statutes, 
 11.9   section 268.30.  One-half of the 
 11.10  appropriation shall be used for grants 
 11.11  to programs operating within the 
 11.12  seven-county metropolitan area and 
 11.13  one-half of the appropriation shall be 
 11.14  used for programs operating outside of 
 11.15  the seven-county metropolitan area.  
 11.16  $340,000 is a one-time appropriation 
 11.17  for grants to cities of the first class 
 11.18  and counties containing cities of the 
 11.19  first class that demonstrate a need for 
 11.20  creating and expanding curfew 
 11.21  enforcement, truancy prevention, and 
 11.22  pretrial diversion programs.  Programs 
 11.23  funded under this provision must have 
 11.24  clearly established neighborhood, 
 11.25  community, and family measures of 
 11.26  success and must report to the 
 11.27  commissioner on the achievement of 
 11.28  these outcomes on or before June 30, 
 11.29  1997. 
 11.30  Sec. 11.  ADMINISTRATION                 -0-            350,000
 11.31  $218,000 is to conduct a systemwide 
 11.32  evaluation of corrections in the state. 
 11.33  $132,000 is to retain a consultant to 
 11.34  evaluate the operation of prison 
 11.35  industries in the state. 
 11.36  Sec. 12.  AUTOMOBILE THEFT
 11.37  PREVENTION BOARD                         -0-            930,000
 11.38  $930,000 from the special revenue fund 
 11.39  is for program administration and 
 11.40  vehicle theft prevention activities 
 11.41  under Minnesota Statutes, section 
 11.42  168A.40. 
 11.43  Sec. 13.  ATTORNEY GENERAL               -0-            340,000
 11.44  $200,000 is for psychopathic 
 11.45  personality and sexually dangerous 
 11.46  person proceedings. 
 11.47  $140,000 is to implement community 
 11.48  notification for sex offenders. 
 11.49                             ARTICLE 2 
 11.50           CRIME PREVENTION AND COMMUNITY SAFETY PROGRAMS 
 11.51     Section 1.  [168A.40] [AUTOMOBILE THEFT PREVENTION 
 11.52  PROGRAM.] 
 11.53     Subdivision 1.  [BOARD MEMBERSHIP.] An automobile theft 
 11.54  prevention board consists of seven members appointed by the 
 12.1   governor and shall include representatives of law enforcement, 
 12.2   prosecuting attorneys, the department of public safety, 
 12.3   automobile insurers, and the public.  The board shall annually 
 12.4   elect a chair from among its members.  The board may employ 
 12.5   professional, technical, consulting, and clerical service 
 12.6   staff.  The board is governed by section 15.0575 except that the 
 12.7   terms of the members are two years.  The commissioner of public 
 12.8   safety shall provide office space and administrative support to 
 12.9   the board. 
 12.10     Subd. 2.  [PROGRAM DUTIES.] The automobile theft prevention 
 12.11  board shall: 
 12.12     (1) develop and sponsor the implementation of statewide 
 12.13  plans, programs, and strategies to combat automobile theft, 
 12.14  improve the administration of the automobile theft laws, and 
 12.15  provide a forum for identification of critical problems for 
 12.16  those persons dealing with automobile theft; 
 12.17     (2) coordinate the development, adoption, and 
 12.18  implementation of plans, programs, and strategies relating to 
 12.19  interagency and intergovernmental cooperation with respect to 
 12.20  automobile theft enforcement; 
 12.21     (3) audit at its own discretion the plans and programs that 
 12.22  it has funded in whole or in part to evaluate the effectiveness 
 12.23  of the plans and programs, and withdraw funding should the board 
 12.24  determine that a plan or program is ineffective or is no longer 
 12.25  in need of further financial support from the fund; 
 12.26     (4) develop a plan of operation including an assessment of 
 12.27  the scope of the problem of automobile theft, including areas of 
 12.28  the state where the problem is greatest; an analysis of various 
 12.29  methods of combating the problem of automobile theft; a plan for 
 12.30  providing financial support to combat automobile theft; a plan 
 12.31  for eliminating car hijacking; and an estimate of the funds 
 12.32  required to implement the plan; and 
 12.33     (5) distribute money from the automobile theft prevention 
 12.34  special revenue account for automobile theft prevention 
 12.35  activities, including: 
 12.36     (i) paying the administrative costs of the board; 
 13.1      (ii) providing financial support to the state patrol and 
 13.2   local law enforcement agencies for automobile theft enforcement 
 13.3   teams; 
 13.4      (iii) providing financial support to state or local law 
 13.5   enforcement agencies for programs designed to reduce the 
 13.6   incidence of automobile theft; 
 13.7      (iv) providing financial support to local prosecutors for 
 13.8   programs designed to reduce the incidence of automobile theft; 
 13.9      (v) providing financial support to judicial agencies for 
 13.10  programs designed to reduce the incidence of automobile theft; 
 13.11     (vi) providing financial support for neighborhood or 
 13.12  community organizations or business organizations for programs 
 13.13  designed to reduce the incidence of automobile theft; 
 13.14     (vii) providing financial support for automobile theft 
 13.15  educational and training programs for state and local law 
 13.16  enforcement officials, driver and vehicle services exam and 
 13.17  inspections staff, and members of the judiciary; and 
 13.18     (viii) conducting educational programs designed to inform 
 13.19  automobile owners of methods of preventing automobile theft and 
 13.20  to provide equipment, for experimental purposes, to enable 
 13.21  automobile owners to prevent automobile theft. 
 13.22     By January 15 of each year, the board shall report to the 
 13.23  governor and legislature on its activities and expenditures in 
 13.24  the preceding year. 
 13.25     Subd. 3.  [SURCHARGE.] Each insurer engaged in the writing 
 13.26  of policies of automobile insurance shall collect a surcharge, 
 13.27  at the rate of 50 cents per vehicle for every six months of 
 13.28  coverage, on each policy of automobile insurance providing 
 13.29  comprehensive insurance coverage issued or renewed in this 
 13.30  state.  The surcharge may not be considered premium for any 
 13.31  purpose, including the computation of premium tax or agents' 
 13.32  commissions.  The amount of the surcharge must be separately 
 13.33  stated on either a billing or policy declaration sent to an 
 13.34  insured.  Insurers shall remit the revenue derived from this 
 13.35  surcharge at least quarterly to the board for purposes of the 
 13.36  automobile theft prevention program.  For purposes of this 
 14.1   subdivision, "policy of automobile insurance" has the meaning 
 14.2   given it in section 65B.14, except that no vehicle with a gross 
 14.3   vehicle weight in excess of 10,000 pounds is included within 
 14.4   this definition. 
 14.5      Subd. 4.  [AUTOMOBILE THEFT PREVENTION ACCOUNT.] A special 
 14.6   revenue account is created in the state treasury to be credited 
 14.7   with the proceeds of the surcharge imposed under subdivision 3.  
 14.8   Revenue in the account may be used only for the automobile theft 
 14.9   prevention program.  The board may not spend in any fiscal year 
 14.10  more than ten percent of the money in the fund for its 
 14.11  administrative and operating costs.  
 14.12     Sec. 2.  Minnesota Statutes 1994, section 268.30, 
 14.13  subdivision 2, is amended to read: 
 14.14     Subd. 2.  [APPLICATIONS.] Applications for a grant-in-aid 
 14.15  shall be made by the administering agency to the commissioner.  
 14.16  The grant-in-aid is contingent upon the agency having obtained 
 14.17  from the community in which the youth intervention program is 
 14.18  established local matching money two times the amount of the 
 14.19  grant that is sought. 
 14.20     The commissioner shall provide by rule the application 
 14.21  form, procedures for making application form, criteria for 
 14.22  review of the application, and kinds of contributions in 
 14.23  addition to cash that qualify as local matching money.  No grant 
 14.24  to any agency shall may exceed $25,000 $50,000. 
 14.25     Sec. 3.  [299A.281] [SAFE HOUSE PROGRAM IN FERGUS FALLS.] 
 14.26     Notwithstanding section 299A.28, another similar safe house 
 14.27  program, primarily focusing on the safety and protection of 
 14.28  children, may be developed and operate in the city of Fergus 
 14.29  Falls if the program members have completed a criminal 
 14.30  background check satisfactory to the Fergus Falls police 
 14.31  department.  However, the commissioner of public safety is not 
 14.32  required to perform the duties listed under 299A.28, subdivision 
 14.33  2, with respect to the program in Fergus Falls and is not 
 14.34  accountable or liable for any act or failure to act by a member 
 14.35  of that program. 
 14.36     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
 15.1   299A.326, subdivision 1, is amended to read: 
 15.2      Subdivision 1.  [ESTABLISHMENT; REQUIREMENTS.] The 
 15.3   commissioner of public safety may establish up to three pilot 
 15.4   projects at neighborhood centers serving youths between the ages 
 15.5   of 11 to 21.  The centers may offer recreational activities, 
 15.6   social services, meals, job skills and career services, and 
 15.7   provide referrals for youths to other available services outside 
 15.8   the centers.  The commissioner may consult with other 
 15.9   appropriate agencies and, to the extent possible, use existing 
 15.10  resources and staff in creating the programs.  The commissioner 
 15.11  shall ensure that the programs, if offered, are adequately 
 15.12  staffed by specially trained personnel and outreach street 
 15.13  workers.  Each center may integrate community volunteers into 
 15.14  the program's activities and services and cooperate with local 
 15.15  law enforcement agencies.  The centers must be open during hours 
 15.16  convenient to youths including evenings, weekends, and extended 
 15.17  summer hours.  However, there may not be any conflicts with 
 15.18  truancy laws.  Each center must have a plan for evaluation 
 15.19  designed to measure the program's effectiveness in aiding youths.
 15.20     Sec. 5.  Minnesota Statutes 1994, section 299A.35, as 
 15.21  amended by Laws 1995, chapter 226, article 4, section 4, is 
 15.22  amended to read: 
 15.23     299A.35 [COMMUNITY CRIME REDUCTION PREVENTION PROGRAMS; 
 15.24  GRANTS.] 
 15.25     Subdivision 1.  [PROGRAMS.] The commissioner shall, in 
 15.26  consultation with the chemical abuse and violence prevention 
 15.27  council, administer a grant program to fund community-based 
 15.28  programs that are designed to enhance the community's sense of 
 15.29  personal security and to assist the community in its crime 
 15.30  control and prevention efforts.  Examples of qualifying programs 
 15.31  include, but are not limited to, the following: 
 15.32     (1) programs to provide security systems for residential 
 15.33  buildings serving low-income persons, elderly persons, and 
 15.34  persons who have physical or mental disabilities community-based 
 15.35  programs designed to provide services for children aged 8 to 13 
 15.36  who are juvenile offenders or who are at risk of becoming 
 16.1   juvenile offenders.  The programs must give priority to: 
 16.2      (i) juvenile restitution; 
 16.3      (ii) prearrest or pretrial diversion, including through 
 16.4   mediation; 
 16.5      (iii) probation innovation; 
 16.6      (iv) teen courts, community service; or 
 16.7      (v) post incarceration alternatives to assist youth in 
 16.8   returning to their communities; 
 16.9      (2) community-based programs designed to provide at-risk 
 16.10  children and youth aged 8 to 13 with after-school and summer 
 16.11  enrichment activities; 
 16.12     (3) community-based programs designed to discourage young 
 16.13  people from involvement in unlawful drug or street gang 
 16.14  activities such as neighborhood youth centers; 
 16.15     (3) (4) neighborhood block clubs and innovative 
 16.16  community-based crime watch prevention programs; 
 16.17     (4) (5) community- and school-based programs designed to 
 16.18  enrich the educational, cultural, or recreational opportunities 
 16.19  of at-risk elementary or secondary school age children and 
 16.20  youth, including programs designed to keep at-risk youth from 
 16.21  dropping out of school and encourage school dropouts to return 
 16.22  to school; 
 16.23     (5) support services for a municipal curfew enforcement 
 16.24  program including, but not limited to, rent for drop-off 
 16.25  centers, staff, supplies, equipment, and the referral of 
 16.26  children who may be abused or neglected; 
 16.27     (6) community-based programs designed to intervene with 
 16.28  juvenile offenders who are identified as likely to engage in 
 16.29  repeated criminal activity in the future unless intervention is 
 16.30  undertaken; 
 16.31     (7) community-based collaboratives that coordinate five or 
 16.32  more programs designed to enrich the educational, cultural, or 
 16.33  recreational opportunities of at-risk elementary or secondary 
 16.34  school age youth, including programs designed to keep at-risk 
 16.35  youth from dropping out of school and to encourage school 
 16.36  dropouts to return to school community-based collaboratives that 
 17.1   coordinate multiple programs and funding sources to address the 
 17.2   needs of at-risk children and youth, including, but not limited 
 17.3   to, collaboratives that address the continuum of services for 
 17.4   juvenile offenders and those who are at risk of becoming 
 17.5   juvenile offenders; 
 17.6      (8) programs that are proven successful at increasing the 
 17.7   rate of graduation from secondary school and success or the rate 
 17.8   of post-secondary education attendance for high-risk students; 
 17.9      (9) community-based programs that provide services to 
 17.10  homeless youth; and 
 17.11     (10) programs designed to reduce truancy; and 
 17.12     (11) other community- and school-based crime prevention 
 17.13  programs that are innovative and encourage substantial 
 17.14  involvement by members of the community served by the program.  
 17.15     Subd. 2.  [GRANT PROCEDURE.] A local unit of government or 
 17.16  a nonprofit community-based entity may apply for a grant by 
 17.17  submitting an application with the commissioner.  The applicant 
 17.18  shall specify the following in its application: 
 17.19     (1) a description of each program for which funding is 
 17.20  sought; 
 17.21     (2) the amount of funding to be provided to the program 
 17.22  outcomes and performance indicators for the program; 
 17.23     (3) a description of the planning process that identifies 
 17.24  local community needs, surveys existing programs, provides for 
 17.25  coordination with existing programs, and involves all affected 
 17.26  sectors of the community; 
 17.27     (4) the geographical area to be served by the program; 
 17.28     (4) (5) statistical information as to the number of arrests 
 17.29  in the geographical area for violent crimes and for crimes 
 17.30  involving schedule I and II controlled substances.  "Violent 
 17.31  crime" includes a violation of or an attempt or conspiracy to 
 17.32  violate any of the following laws:  sections 609.185; 609.19; 
 17.33  609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 
 17.34  609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 
 17.35  609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 
 17.36  609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 
 18.1   subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 
 18.2   609.687; or any provision of chapter 152 that is punishable by a 
 18.3   maximum sentence greater than ten years; and 
 18.4      (5) (6) the number of economically disadvantaged youth in 
 18.5   the geographical areas to be served by the program. 
 18.6      The commissioner shall give priority to funding 
 18.7   community-based collaboratives, programs that demonstrate 
 18.8   substantial involvement by members of the community served by 
 18.9   the program and programs that either serve the geographical 
 18.10  areas that have the highest crime rates, as measured by the data 
 18.11  supplied under clause (4), or serve geographical areas that have 
 18.12  the largest concentrations of economically disadvantaged youth.  
 18.13  The maximum amount that may be awarded to an applicant is 
 18.14  $50,000; except that if the applicant is a community-based 
 18.15  collaborative under subdivision 1, clause (7), the maximum 
 18.16  amount that can be awarded is $50,000 for each program 
 18.17  participating in the collaborative.  Up to 2.5 percent of the 
 18.18  appropriation may be used by the commissioner to administer the 
 18.19  program. 
 18.20     Subd. 3.  [REPORT.] An applicant that receives a grant 
 18.21  under this section shall provide the commissioner with a summary 
 18.22  of how the grant funds were spent and the extent to which the 
 18.23  objectives of the program were achieved.  The commissioner shall 
 18.24  submit a written report to the children's cabinet and chairs of 
 18.25  the committees of the senate and house of representatives with 
 18.26  jurisdiction over criminal justice policy and funding of crime 
 18.27  prevention programs, by February 1 each year, based on the 
 18.28  information provided by applicants under this subdivision. 
 18.29     Sec. 6.  [299A.62] [COMMUNITY-ORIENTED POLICING (COPS) 
 18.30  GRANT PROGRAM.] 
 18.31     Subdivision 1.  [PROGRAM ESTABLISHED.] A community-oriented 
 18.32  policing grant program is established under the administration 
 18.33  of the commissioner of public safety.  Grants may be awarded as 
 18.34  provided in subdivision 2 for the following purposes:  
 18.35     (1) to enable local law enforcement agencies to hire law 
 18.36  enforcement officers.  The grants must be used by law 
 19.1   enforcement agencies to increase the complement of officers in 
 19.2   the agency by paying the salaries of new officers who replace an 
 19.3   existing officer who has been reassigned primarily to 
 19.4   investigate and prevent juvenile crime or to perform 
 19.5   community-oriented policing duties; and 
 19.6      (2) to enable local law enforcement agencies to assign 
 19.7   overtime officers to high crime areas within their jurisdictions.
 19.8      Subd. 2.  [AWARDING GRANTS.] Grants under this section 
 19.9   shall be awarded by the commissioner of public safety.  Before 
 19.10  any grants are awarded, a committee consisting of the attorney 
 19.11  general, and representatives from the Minnesota chiefs of police 
 19.12  association, the Minnesota sheriffs association, and the 
 19.13  Minnesota police and peace officers association, shall evaluate 
 19.14  the grant applications.  Before grants are awarded, the 
 19.15  commissioner shall meet and consult with the committee 
 19.16  concerning its evaluation of and recommendations on grant 
 19.17  proposals.  A grant under subdivision 1, clause (1), may be 
 19.18  awarded only to a law enforcement agency that demonstrates in 
 19.19  its application that it currently has a need for an additional 
 19.20  officer to be assigned to:  (i) community-oriented policing 
 19.21  duties; or (ii) the investigation and prevention of juvenile 
 19.22  crime, based on the juvenile crime rate in the area over which 
 19.23  the agency has jurisdiction.  More than one grant under 
 19.24  subdivision 1, clause (1), may be awarded to an agency; however, 
 19.25  each grant may fund only one position.  At least 50 percent of 
 19.26  the grants awarded under subdivision 1, clause (1), must be 
 19.27  awarded to the cities of Minneapolis and St. Paul.  
 19.28     Subd. 3.  [AMOUNT OF GRANTS TO HIRE OFFICERS.] A grant 
 19.29  awarded under subdivision 1, clause (1), must reimburse up to 
 19.30  150 percent of the entry level salary and benefits of a law 
 19.31  enforcement officer, not to exceed $75,000.  However, the money 
 19.32  may not be used to pay for equipment or uniforms for the 
 19.33  officer.  The grant is intended to be used for the salary of the 
 19.34  officer over a three-year period. 
 19.35     Subd. 4.  [CONDITIONS OF GRANTS TO HIRE OFFICERS.] Grant 
 19.36  recipients who receive grants under subdivision 1, clause (1), 
 20.1   shall continue to employ a law enforcement officer hired with 
 20.2   money granted under this section for at least a three-year 
 20.3   period.  If for any reason during the three-year period the 
 20.4   employment relationship ends, the agency shall hire an 
 20.5   additional officer so that the total number of officers employed 
 20.6   by the agency does not change.  A law enforcement agency that 
 20.7   fails to comply with this subdivision shall reimburse the 
 20.8   commissioner as follows: 
 20.9      (1) if the failure occurs during the first year, the agency 
 20.10  shall reimburse the full amount of the grant; 
 20.11     (2) if the failure occurs during the second year, the 
 20.12  agency shall reimburse two-thirds of the grant; or 
 20.13     (3) if the failure occurs during the third year but prior 
 20.14  to the three-year anniversary of the officer's hiring, the 
 20.15  agency shall reimburse one-third of the grant. 
 20.16  The commissioner shall deposit the reimbursement in the state 
 20.17  treasury and credit it to the general fund. 
 20.18     Sec. 7.  [WEED AND SEED GRANT PROGRAM.] 
 20.19     Subdivision 1.  [ESTABLISHMENT.] A grant program is 
 20.20  established under the administration of the commissioner of 
 20.21  public safety to assist local communities in their efforts to 
 20.22  eradicate violent crime, illegal drug activity, and illegal gang 
 20.23  activity in targeted neighborhoods, and to revitalize these 
 20.24  targeted neighborhoods economically and physically. 
 20.25     Subd. 2.  [AWARDING GRANTS.] The commissioner of public 
 20.26  safety shall act as fiscal agent for the grant program and shall 
 20.27  be responsible for receiving applications for grants and 
 20.28  awarding grants under this section.  Before any grants are 
 20.29  awarded, a committee consisting of the attorney general, and 
 20.30  representatives from the Minnesota chiefs of police association, 
 20.31  the Minnesota sheriffs association, and the Minnesota police and 
 20.32  peace officers association, shall evaluate the grant 
 20.33  applications.  Before grants are awarded, the commissioner shall 
 20.34  meet and consult with the committee concerning its evaluation of 
 20.35  and recommendations on grant proposals.  At least 50 percent of 
 20.36  the grants awarded under this section must be awarded to the 
 21.1   cities of Minneapolis and St. Paul. 
 21.2      Subd. 3.  [GRANT PROCESS.] (a) A city may apply for a grant 
 21.3   under this section by submitting an application to the 
 21.4   commissioner of public safety on a form prescribed by the 
 21.5   commissioner.  The application shall: 
 21.6      (1) identify the neighborhood within the city that has been 
 21.7   proposed by the city's mayor as a targeted site; 
 21.8      (2) describe the problems to be corrected within the 
 21.9   targeted neighborhood and the strengths that make the targeted 
 21.10  neighborhood a suitable candidate for funding; and 
 21.11     (3) contain the city's plan for use of the grant funds.  
 21.12  This plan must: 
 21.13     (i) be prepared in consultation with residents of the 
 21.14  targeted neighborhood; 
 21.15     (ii) describe the specific law enforcement, community 
 21.16  policing, prevention, intervention, treatment, and neighborhood 
 21.17  revitalization activities that the city intends to undertake; 
 21.18  and 
 21.19     (iii) include a reporting and evaluation component. 
 21.20     (b) A city may apply for more than one grant under this 
 21.21  section; however, each grant may target only one neighborhood. 
 21.22     Subd. 4.  [ATTORNEY GENERAL DUTIES.] (a) The attorney 
 21.23  general may assist cities and local law enforcement officials in 
 21.24  developing and implementing anticrime and neighborhood community 
 21.25  revitalization strategies and may assist local prosecutors in 
 21.26  prosecuting crimes occurring in the targeted neighborhoods that 
 21.27  receive funding under this section.  Upon request of the local 
 21.28  prosecuting authority, the attorney general may appear in court 
 21.29  in those civil and criminal cases arising as a result of this 
 21.30  section that the attorney general deems appropriate.  For the 
 21.31  purposes of this section, the attorney general may appear in 
 21.32  court in nuisance actions under Minnesota Statutes, chapter 617, 
 21.33  and misdemeanor prosecutions under Minnesota Statutes, chapter 
 21.34  609.  
 21.35     (b) The attorney general shall develop appropriate 
 21.36  applications to the United States Department of Justice for 
 22.1   federal weed and seed grants for use in conjunction with grants 
 22.2   awarded under this section. 
 22.3      Sec. 8.  [INTENSIVE JUVENILE MONITORING PILOT PROGRAM.] 
 22.4      (a) The commissioner of corrections shall establish at 
 22.5   least four pilot programs to provide intensive monitoring in the 
 22.6   community for juveniles who have committed or are at risk to 
 22.7   commit status offenses or delinquent acts.  A juvenile need not 
 22.8   be adjudicated for an offense to be eligible for the program.  
 22.9   The pilot programs shall provide a work experience for qualified 
 22.10  upper division college and graduate students who are majoring in 
 22.11  relevant disciplines to supervise and monitor juveniles referred 
 22.12  to or placed in community corrections or court services 
 22.13  programs.  Referrals to the program may be made by peace 
 22.14  officers, juvenile courts, and juvenile probation officers. 
 22.15     (b) The commissioner shall collaborate with appropriate 
 22.16  faculty members and administrators at the University of 
 22.17  Minnesota, the state universities, private colleges and 
 22.18  universities, community corrections agencies, and court services 
 22.19  agencies to establish general eligibility criteria for upper 
 22.20  division college and graduate students to participate in the 
 22.21  program and to specify the various ways by which students will 
 22.22  be compensated through their college or university for their 
 22.23  participation including, but not limited to, monetary 
 22.24  compensation tuition payments, and related mileage and parking 
 22.25  expenses.  The compensation program shall allow for long-term 
 22.26  placements and corrections experiences for students who are 
 22.27  financially dependent on paid internships. 
 22.28     (c) The commissioner also shall collaborate with higher 
 22.29  education experts, community corrections agencies, court 
 22.30  services agencies, law enforcement agencies, and juvenile court 
 22.31  judges to: 
 22.32     (1) establish general eligibility criteria for juveniles to 
 22.33  be referred to or placed in the program; 
 22.34     (2) establish maximum caseloads for students, based on 
 22.35  their experience and knowledge and on the characteristics of the 
 22.36  juveniles to be supervised; 
 23.1      (3) specify the types of supervision and monitoring the 
 23.2   college students may be expected to provide to the juveniles; 
 23.3   and 
 23.4      (4) specify the manner in which the students' work and 
 23.5   performance measures will be monitored and evaluated by relevant 
 23.6   criminal justice and higher education professionals. 
 23.7      (d) At the end of the pilot programs, the commissioner of 
 23.8   corrections shall report findings and recommendations to the 
 23.9   chairs of the house and senate committees with jurisdiction over 
 23.10  criminal justice and higher education issues. 
 23.11     Sec. 9.  [PILOT PROJECT FOR FAMILY GROUP CONFERENCING IN 
 23.12  DAKOTA COUNTY.] 
 23.13     Subdivision 1.  [PILOT PROJECT ESTABLISHED.] By July 1, 
 23.14  1996, the commissioner of corrections shall establish a pilot 
 23.15  project in Dakota county to provide assistance to counties, 
 23.16  school districts, and cities in the first judicial district in 
 23.17  establishing family group conferencing programs.  The pilot 
 23.18  project must be administered by a coordinator responsible for 
 23.19  supervising and implementing the project.  The coordinator shall 
 23.20  cooperate with and provide necessary assistance and training to 
 23.21  county attorneys, local law enforcement agencies, school 
 23.22  districts, and community groups in establishing family group 
 23.23  conferencing programs under subdivision 2. 
 23.24     Subd. 2.  [FAMILY GROUP CONFERENCING PROGRAMS.] A county 
 23.25  attorney, school district, or city in the first judicial 
 23.26  district, in consultation with the coordinator and local law 
 23.27  enforcement agencies, may establish a family group conferencing 
 23.28  program.  The program may provide forums where, as an 
 23.29  alternative to prosecution, certain individuals accused of 
 23.30  having committed crimes meet with the victim or victims of the 
 23.31  alleged crime; family members of the victim or victims, if 
 23.32  appropriate; family members of the offender, if appropriate; a 
 23.33  law enforcement official or prosecutor; and members of the 
 23.34  community.  An individual properly trained in moderating a 
 23.35  family group conference shall act as moderator of the 
 23.36  conference.  The conference must focus on the impact of the 
 24.1   offense on the victim and the community and assign an 
 24.2   appropriate sanction to the offender.  An appropriate sanction 
 24.3   may include reparation to the victim or community, specified 
 24.4   community service, or other sanction agreed upon during the 
 24.5   conference. 
 24.6      Subd. 3.  [CONFERENCE PARAMETERS.] A county or city 
 24.7   attorney, in consultation with the coordinator and local law 
 24.8   enforcement agencies, shall establish parameters for the 
 24.9   conferences.  The parameters must specify the types of offenders 
 24.10  and offenses eligible for the conferences and the nature and 
 24.11  goals of the conferences.  Only certain offenders deemed 
 24.12  appropriate by the county attorney are eligible for the 
 24.13  conferences.  Decisions on eligibility shall be based on the 
 24.14  criminal history of the offender, the nature of the offense, the 
 24.15  danger posed by the offender to the victim and the community, 
 24.16  and the best interests of the victim and community.  
 24.17  Participation in the conference is voluntary, no offender or 
 24.18  victim may be required to participate in a conference.  A 
 24.19  decision to prosecute an offender who has refused to participate 
 24.20  in a conference may not be considered in determining the 
 24.21  voluntariness of an offender's decision to participate. 
 24.22     A prosecutor who offers an offender the opportunity to 
 24.23  participate in a conference retains the authority to prosecute 
 24.24  the offender if the offender refuses to participate in the 
 24.25  conference, chooses not to complete the conference, or fails to 
 24.26  comply with sanctions imposed at the conference.  
 24.27     Subd. 4.  [GRANTS AUTHORIZED.] The commissioner of 
 24.28  corrections, in consultation with the coordinator, may award 
 24.29  grants to aid in the establishment and implementation of family 
 24.30  group conferencing programs in the first judicial district.  The 
 24.31  commissioner shall establish the criteria and procedure for the 
 24.32  grants and shall require that any entity awarded a grant to 
 24.33  establish a program have clearly established neighborhood, 
 24.34  community, and family measures of success of the program and 
 24.35  report to the commissioner on the achievement of these outcomes 
 24.36  on or before December 31, 1998. 
 25.1      Subd. 5.  [REPORT REQUIRED.] By January 15, 1999, the 
 25.2   commissioner of corrections shall report to the chairs of the 
 25.3   senate and house of representatives committees having 
 25.4   jurisdiction over criminal justice policy on the effectiveness 
 25.5   of the pilot project and any family group conferencing programs 
 25.6   created under this section and the awarding of grants, if any, 
 25.7   under subdivision 4. 
 25.8      Sec. 10.  [ADVERTISING CAMPAIGN.] 
 25.9      The commissioner of public safety is authorized to contract 
 25.10  with an advertising firm for a public advertising campaign 
 25.11  designed to reduce violence and counteract the effect of 
 25.12  violence in the media.  The contracts for advertising must 
 25.13  include provisions for evaluating the effectiveness of the 
 25.14  campaign. 
 25.15     Sec. 11.  [COMMUNITY-ORIENTED CHEMICAL DEPENDENCY PILOT 
 25.16  PROJECT.] 
 25.17     Subdivision 1.  [PILOT PROJECT ESTABLISHED.] Hennepin 
 25.18  county, in conjunction with local neighborhoods, shall establish 
 25.19  a community-oriented chemical dependency pilot project.  The 
 25.20  project must take a comprehensive public health approach to the 
 25.21  problem of chemical dependency, including the problems 
 25.22  associated with cocaine, as it impacts certain neighborhoods. 
 25.23     Subd. 2.  [OUTREACH AND ASSESSMENT.] The pilot project must 
 25.24  include a street outreach and assessment program that is 
 25.25  coordinated with health workers, community policing teams, and 
 25.26  neighborhood crime prevention units.  The assessments must be 
 25.27  conducted in accordance with the provisions that apply to 
 25.28  chemical dependency care for public assistance recipients under 
 25.29  rules promulgated by the commissioner of human services, except 
 25.30  that the requirements of the compliance provisions that apply to 
 25.31  an assessor under contract with a county that has a shared 
 25.32  financial interest with a treatment provider does not apply to 
 25.33  this pilot project.  The assessor shall make a recommendation as 
 25.34  to the duration and method of treatment. 
 25.35     Subd. 3.  [CHEMICAL DEPENDENCY TREATMENT.] The pilot 
 25.36  project must include efforts to direct persons into appropriate 
 26.1   chemical dependency treatment using the criteria that apply to 
 26.2   chemical dependency care for public assistance recipients under 
 26.3   rules promulgated by the commissioner of human services.  The 
 26.4   project may require that all participating third-party payors, 
 26.5   including medical assistance, accept the assessment conducted 
 26.6   under subdivision 2 and accept the duration and method of 
 26.7   treatment recommended by the assessor.  The pilot project must 
 26.8   include all measures to ensure that culturally appropriate 
 26.9   treatment programs are utilized.  The pilot project must include 
 26.10  efforts to address the other needs of persons undergoing 
 26.11  treatment that may interfere with their ability to receive 
 26.12  effective treatment, including housing, child care, and 
 26.13  referrals to the maternal child substance abuse project as 
 26.14  appropriate. 
 26.15     Subd. 4.  [AFTERCARE PROGRAM.] The pilot project must 
 26.16  include an aftercare program, with home-based services and 
 26.17  assistance with education, jobs, child care, transportation, and 
 26.18  housing. 
 26.19     Subd. 5.  [COORDINATION WITH DRUG COURT.] The pilot project 
 26.20  must seek to coordinate efforts with the drug court initiatives 
 26.21  being undertaken in Hennepin county. 
 26.22     Subd. 6.  [EXPEDITED PROCESS.] The pilot project must work 
 26.23  with appropriate law enforcement officials to expedite the 
 26.24  process of getting persons into appropriate chemical dependency 
 26.25  treatment. 
 26.26     Subd. 7.  [CRITERIA FOR PARTICIPATION.] Hennepin county 
 26.27  shall establish the criteria for determining the neighborhoods 
 26.28  eligible to participate in the pilot project.  Hennepin county 
 26.29  shall consider factors in the neighborhood including crime 
 26.30  reports, the number of repeat arrests, the number of arrests for 
 26.31  narcotics laws violations, the number of drug-related homicides 
 26.32  and violent crimes, the presence of community crime prevention 
 26.33  block clubs, and the ability to work with the county. 
 26.34     Subd. 8.  [FUNDING FOR TREATMENT.] A person participating 
 26.35  in the pilot project under this section who requires chemical 
 26.36  dependency treatment shall utilize reimbursement from any health 
 27.1   coverage the person has.  If the person does not have health 
 27.2   coverage, the person shall be funded under Minnesota Statutes, 
 27.3   chapter 254B, if eligible. 
 27.4      Subd. 9.  [STATE-MANAGED CARE PROGRAMS.] (a) This section 
 27.5   does not change eligibility requirements, payment rates, covered 
 27.6   services, or administrative requirements for health plans under 
 27.7   the prepaid medical assistance program and the MinnesotaCare 
 27.8   managed care program, except that health plans must accept the 
 27.9   assessor's recommendation regarding the need for treatment and 
 27.10  the appropriate type and duration of treatment if the assessment 
 27.11  was performed in compliance with the rules specified in 
 27.12  subdivision 2.  The assessor shall notify a health plan of the 
 27.13  results of each assessment performed for a person covered by the 
 27.14  health plan.  The independent evaluation required under 
 27.15  subdivision 10 must include an evaluation of the impact of the 
 27.16  project on the costs incurred by each prepaid health plan 
 27.17  participating in state health care programs.  The evaluation 
 27.18  must be based on reports submitted by prepaid health plans and 
 27.19  other information obtained by the evaluator. 
 27.20     (b) If the commissioner of human services determines that a 
 27.21  prepaid health plan incurred higher costs for a covered person 
 27.22  served under the pilot project that are due to additional 
 27.23  services that would not otherwise be covered under the prepaid 
 27.24  medical assistance program, the commissioner of human services 
 27.25  shall reimburse the prepaid health plan for the additional costs 
 27.26  within 120 days after the conclusion of the pilot project. 
 27.27     Subd. 10.  [EVALUATION.] The pilot project must include an 
 27.28  independent evaluation of the effectiveness of the program 
 27.29  established under the project.  The evaluation must examine the 
 27.30  effectiveness of the outreach and assessment procedures, the 
 27.31  effectiveness of treatment methods including the impact on 
 27.32  recidivism rates, the costs of treatment and other services 
 27.33  provided, the impact on prepaid health plans serving public 
 27.34  programs, a comparison of the methods used in the pilot project 
 27.35  to other approaches to serving the target population, and other 
 27.36  relevant matters. 
 28.1      Subd. 11.  [REPORT.] By July 1, 1997, Hennepin county shall 
 28.2   report to the chairs of the senate and house of representatives 
 28.3   committees having jurisdiction over health and criminal justice 
 28.4   policies on the status of the pilot project.  The report must be 
 28.5   compiled from information submitted by the neighborhoods 
 28.6   participating in the pilot project.  The report must include 
 28.7   recommendations on whether some of the appropriations for the 
 28.8   pilot project should be directed to the drug court being 
 28.9   developed in Hennepin or other counties. 
 28.10     Sec. 12.  [GRANT PROGRAMS AUDITED.] 
 28.11     The legislative audit commission is requested to direct the 
 28.12  legislative auditor to analyze and report on grant programs 
 28.13  administered by the departments of corrections; economic 
 28.14  security; human services; public safety; health; children, 
 28.15  families, and learning; and the office of strategic and 
 28.16  long-range planning.  The report must: 
 28.17     (1) describe each grant program contained in statute or 
 28.18  session law; 
 28.19     (2) list the appropriations to the programs over the past 
 28.20  five years and specify whether the appropriation was included in 
 28.21  the department's base or was a separate appropriation; 
 28.22     (3) specify the percentages of each program's total 
 28.23  appropriation used for actual grants compared with 
 28.24  administrative expenses; and 
 28.25     (4) analyze the amount of duplication in the various grant 
 28.26  programs. 
 28.27  If the commission directs the auditor to conduct this 
 28.28  evaluation, the auditor shall report to the chairs of the senate 
 28.29  and house of representatives committees having jurisdiction over 
 28.30  criminal justice funding by February 15, 1997. 
 28.31     Sec. 13.  [AUTHORIZATION FOR THE MARTIN LUTHER KING, JR. 
 28.32  NONVIOLENT INSTITUTIONAL CHILD DEVELOPMENT PILOT PROGRAM.] 
 28.33     (a) The council on Black Minnesotans shall proceed with the 
 28.34  planning, designing, and implementation of the Martin Luther 
 28.35  King, Jr. nonviolent institutional child development pilot 
 28.36  program which must provide: 
 29.1      (1) multi-institutional interdisciplinary community 
 29.2   violence prevention programs; and 
 29.3      (2) multi-institutional interdisciplinary intervention 
 29.4   programs. 
 29.5      (b) The pilot program may provide service to the following 
 29.6   institutions: 
 29.7      (1) elementary and secondary schools; 
 29.8      (2) social service programs and agencies; 
 29.9      (3) youth programs and services; 
 29.10     (4) juvenile delinquency programs; 
 29.11     (5) residential treatment facilities; 
 29.12     (6) foster homes; 
 29.13     (7) law enforcement agencies; 
 29.14     (8) medical centers; 
 29.15     (9) mental health programs; and 
 29.16     (10) religious outreach programs. 
 29.17     (c) The program may include: 
 29.18     (1) development and implementation of each participating 
 29.19  institution's long-range community violence prevention plan for 
 29.20  school-age children; 
 29.21     (2) development and implementation of each participating 
 29.22  institution's community violence intervention plan for children 
 29.23  affected by violence in the community; 
 29.24     (3) identification and implementation of each participating 
 29.25  institution's training and staffing needs; 
 29.26     (4) development and implementation of a network among 
 29.27  participating institutions to coordinate services, share 
 29.28  information, and develop common strategies for violence 
 29.29  prevention and intervention; and 
 29.30     (5) funding for participating institution's violence 
 29.31  prevention and intervention programs. 
 29.32     (d) The pilot program must be evaluated based on outcome 
 29.33  evaluation criteria determined by the commissioner of public 
 29.34  safety, in consultation with the executive director of the 
 29.35  council on Black Minnesotans and a community-based advisory 
 29.36  council before implementation of the program. 
 30.1      (e) The pilot program must start by January 2, 1997. 
 30.2      (f) The pilot program must be completed by the council on 
 30.3   Black Minnesotans by July 1, 1998, and presented to the 
 30.4   commissioners of human services, public safety, corrections, and 
 30.5   children, families, and learning. 
 30.6      (g) Government data on individuals that is maintained under 
 30.7   the program are confidential data on individuals as defined in 
 30.8   Minnesota Statutes, section 13.02, subdivision 3, but may be 
 30.9   shared among institutions participating in the program for 
 30.10  purposes of providing services under the program. 
 30.11     Sec. 14.  [INITIAL TERMS.] 
 30.12     Notwithstanding section 1, subdivision 1, in making the 
 30.13  initial appointments to the automobile theft prevention board 
 30.14  established by that subdivision, the governor shall appoint four 
 30.15  members to two-year terms and three members to one-year terms. 
 30.16     Sec. 15.  [COMMENCEMENT OF SURCHARGE.] 
 30.17     Each insurer governed by section 1, subdivision 3, shall 
 30.18  begin to collect and remit the surcharge required by that 
 30.19  subdivision on January 1, 1997. 
 30.20     Sec. 16.  [REPEALER.] 
 30.21     (a) Minnesota Statutes 1994, section 299A.60, is repealed. 
 30.22     (b) Section 1 is repealed January 1, 2002. 
 30.23     Sec. 17.  [EFFECTIVE DATE.] 
 30.24     Section 13 is effective the day following final enactment. 
 30.25                             ARTICLE 3
 30.26                      GENERAL CRIME PROVISIONS
 30.27     Section 1.  Minnesota Statutes 1994, section 169.09, 
 30.28  subdivision 14, is amended to read: 
 30.29     Subd. 14.  [PENALTIES.] (a) The driver of any vehicle who 
 30.30  violates subdivision 1 or 6 and who caused the accident is 
 30.31  punishable as follows:  
 30.32     (1) if the accident results in the death of any person, the 
 30.33  driver is guilty of a felony and may be sentenced to 
 30.34  imprisonment for not more than ten years, or to payment of a 
 30.35  fine of not more than $20,000, or both; 
 30.36     (2) if the accident results in great bodily harm to any 
 31.1   person, as defined in section 609.02, subdivision 8, the driver 
 31.2   is guilty of a felony and may be sentenced to imprisonment for 
 31.3   not more than five years, or to payment of a fine of not more 
 31.4   than $10,000, or both; or 
 31.5      (3) if the accident results in substantial bodily harm to 
 31.6   any person, as defined in section 609.02, subdivision 7a, the 
 31.7   driver is guilty of a felony and may be sentenced to 
 31.8   imprisonment for not more than three years, or to payment of a 
 31.9   fine of not more than $5,000, or both.  
 31.10     (b) The driver of any vehicle who violates subdivision 1 or 
 31.11  6 and who did not cause the accident is punishable as follows:  
 31.12     (1) if the accident results in the death of any person, the 
 31.13  driver is guilty of a felony and may be sentenced to 
 31.14  imprisonment for not more than three years, or to payment of a 
 31.15  fine of not more than $5,000, or both; 
 31.16     (2) if the accident results in great bodily harm to any 
 31.17  person, as defined in section 609.02, subdivision 8, the driver 
 31.18  is guilty of a felony and may be sentenced to imprisonment for 
 31.19  not more than two years, or to payment of a fine of not more 
 31.20  than $4,000, or both; or 
 31.21     (3) if the accident results in substantial bodily harm to 
 31.22  any person, as defined in section 609.02, subdivision 7a, the 
 31.23  driver may be sentenced to imprisonment for not more than one 
 31.24  year, or to payment of a fine of not more than $3,000, or both.  
 31.25     (c) (b) The driver of any vehicle involved in an accident 
 31.26  not resulting in substantial bodily harm or death who violates 
 31.27  subdivision 1 or 6 may be sentenced to imprisonment for not more 
 31.28  than one year, or to payment of a fine of not more than $3,000, 
 31.29  or both.  
 31.30     (d) (c) Any person who violates subdivision 2, 3, 4, 5, 7, 
 31.31  8, 10, 11, or 12 is guilty of a misdemeanor. 
 31.32     The attorney in the jurisdiction in which the violation 
 31.33  occurred who is responsible for prosecution of misdemeanor 
 31.34  violations of this section shall also be responsible for 
 31.35  prosecution of gross misdemeanor violations of this section. 
 31.36     Sec. 2.  Minnesota Statutes 1994, section 169.791, 
 32.1   subdivision 2a, is amended to read: 
 32.2      Subd. 2a.  [LATER PRODUCTION OF PROOF BY DRIVER WHO IS 
 32.3   OWNER.] A driver who is the owner of the vehicle may, within ten 
 32.4   days after the demand no later than the date and time specified 
 32.5   in the citation for the driver's first court appearance, produce 
 32.6   proof of insurance stating that security had been provided for 
 32.7   the vehicle that was being operated at the time of the demand to 
 32.8   the court administrator.  The required proof of insurance may be 
 32.9   sent by mail by the driver as long as it is received within ten 
 32.10  days no later than the date and time specified in the citation 
 32.11  for the driver's first court appearance.  If a citation is 
 32.12  issued, no person shall be convicted of violating this section 
 32.13  if the court administrator receives the required proof of 
 32.14  insurance within ten days of the issuance of the citation no 
 32.15  later than the date and time specified in the citation for the 
 32.16  driver's first court appearance.  If the charge is made other 
 32.17  than by citation, no person shall be convicted of violating this 
 32.18  section if the person presents the required proof of insurance 
 32.19  at the person's first court appearance after the charge is made. 
 32.20     Sec. 3.  Minnesota Statutes 1994, section 169.791, 
 32.21  subdivision 3, is amended to read: 
 32.22     Subd. 3.  [LATER PRODUCTION OF INFORMATION BY DRIVER WHO IS 
 32.23  NOT OWNER.] If the driver is not the owner of the vehicle, the 
 32.24  driver shall, within ten days of the officer's demand no later 
 32.25  than the date and time specified in the citation for the 
 32.26  driver's first court appearance, provide the district court 
 32.27  administrator with proof of insurance or the name and address of 
 32.28  the owner.  Upon receipt of the name and address of the owner, 
 32.29  the district court administrator shall communicate the 
 32.30  information to the law enforcement agency. 
 32.31     Sec. 4.  Minnesota Statutes 1994, section 169.791, 
 32.32  subdivision 4, is amended to read: 
 32.33     Subd. 4.  [REQUIREMENT FOR OWNER WHO IS NOT DRIVER.] If the 
 32.34  driver is not the owner of the vehicle, the officer may send or 
 32.35  provide a notice to the owner of the vehicle requiring the owner 
 32.36  to produce proof of insurance for the vehicle that was being 
 33.1   operated at the time of the demand.  Notice by mail is presumed 
 33.2   to be received five days after mailing and shall be sent to the 
 33.3   owner's current address or the address listed on the owner's 
 33.4   driver's license.  Within ten days after receipt of the notice, 
 33.5   the owner shall produce the required proof of insurance to the 
 33.6   place stated in the notice received by the owner.  The required 
 33.7   proof of insurance may be sent by mail by the owner as long as 
 33.8   it is received within ten days.  Any owner who fails to produce 
 33.9   proof of insurance within ten days of an officer's request under 
 33.10  this subdivision is guilty of a misdemeanor.  The peace officer 
 33.11  may mail the citation to the owner's current address or address 
 33.12  stated on the owner's driver's license.  It is an affirmative 
 33.13  defense to a charge against the owner that the driver used the 
 33.14  owner's vehicle without consent, if insurance would not have 
 33.15  been required in the absence of the unauthorized use by the 
 33.16  driver.  It is not a defense that a person failed to notify the 
 33.17  department of public safety of a change of name or address as 
 33.18  required under section 171.11.  The citation may be sent after 
 33.19  the ten-day period. 
 33.20     Sec. 5.  Minnesota Statutes 1994, section 169.792, 
 33.21  subdivision 1, is amended to read: 
 33.22     Subdivision 1.  [IMPLIED CONSENT.] Any driver or owner of a 
 33.23  vehicle consents, subject to the provisions of this section and 
 33.24  section 169.791, to the requirement of having possession of 
 33.25  proof of insurance, and to the revocation of the person's 
 33.26  license if the driver or owner does not produce the required 
 33.27  proof of insurance within ten days of an officer's demand no 
 33.28  later than the date and time specified in the citation for the 
 33.29  driver's first court appearance, if a citation is issued, or 
 33.30  within ten days of receipt of a written notice, if a written 
 33.31  notice is sent or given.  Any driver of a vehicle who is not the 
 33.32  owner of the vehicle consents, subject to the provisions of this 
 33.33  section and section 169.791, to providing to the officer the 
 33.34  name and address of the owner of the vehicle. 
 33.35     Sec. 6.  Minnesota Statutes 1994, section 169.792, 
 33.36  subdivision 2, is amended to read: 
 34.1      Subd. 2.  [REQUIREMENT FOR DRIVER WHETHER OR NOT OWNER.] 
 34.2   Except as provided in subdivision 3, every driver of a vehicle 
 34.3   shall, within ten days after upon the demand of a peace officer, 
 34.4   produce proof of insurance in force for the vehicle that was 
 34.5   being operated at the time of the demand, to the district court 
 34.6   administrator no later than the date and time specified in the 
 34.7   citation for the driver's first court appearance.  The required 
 34.8   proof of insurance may be sent by the driver by mail as long as 
 34.9   it is received within ten days no later than the date and time 
 34.10  specified in the citation for the driver's first court 
 34.11  appearance.  A driver who is not the owner does not violate this 
 34.12  section unless the driver knew or had reason to know that the 
 34.13  owner did not have proof of insurance required by this section, 
 34.14  provided that the driver provides the officer with the owner's 
 34.15  name and address at the time of the demand or complies with 
 34.16  subdivision 3. 
 34.17     Sec. 7.  Minnesota Statutes 1994, section 169.792, 
 34.18  subdivision 3, is amended to read: 
 34.19     Subd. 3.  [REQUIREMENT FOR DRIVER WHO IS NOT OWNER.] If the 
 34.20  driver is not the owner of the vehicle, then the driver shall 
 34.21  provide the officer with the name and address of the owner at 
 34.22  the time of the demand or shall within ten days of the officer's 
 34.23  demand, no later than the date and time specified in the 
 34.24  citation for the driver's first court appearance, provide the 
 34.25  district court administrator with proof of insurance or the name 
 34.26  and address of the owner.  Upon receipt of the owner's name and 
 34.27  address, the district court administrator shall forward the 
 34.28  information to the law enforcement agency.  If the name and 
 34.29  address received from the driver do not match information 
 34.30  available to the district court administrator, the district 
 34.31  court administrator shall notify the law enforcement agency of 
 34.32  the discrepancy.  
 34.33     Sec. 8.  Minnesota Statutes 1994, section 169.792, 
 34.34  subdivision 5, is amended to read: 
 34.35     Subd. 5.  [WRITTEN NOTICE.] (a) When proof of insurance is 
 34.36  demanded and none is in possession, the law enforcement agency 
 35.1   may send or give the driver written notice as provided herein in 
 35.2   this subdivision, unless the officer issues a citation to the 
 35.3   driver under section 169.791 or 169.797.  If the driver is not 
 35.4   the owner and does not produce the required proof of insurance 
 35.5   within ten days of the demand, the law enforcement agency may 
 35.6   send or give written notice to the owner of the vehicle.  
 35.7      (b) Within ten days after receipt of the notice, if given, 
 35.8   the driver or owner shall produce the required proof of 
 35.9   insurance to the place stated in the notice.  Notice to the 
 35.10  driver or owner by mail is presumed to be received within five 
 35.11  days after mailing.  It is not a defense that a person failed to 
 35.12  notify the department of public safety of a change of name or 
 35.13  address as required under section 171.11. 
 35.14     (c) The department of public safety shall prescribe a form 
 35.15  setting forth the written notice to be provided to the driver or 
 35.16  owner.  The department shall, upon request, provide a sample of 
 35.17  the form to any law enforcement agency.  The notice shall 
 35.18  provide that the driver or owner must produce the proof of 
 35.19  insurance to the law enforcement agency, at the place specified 
 35.20  in the notice.  The notice shall also state: 
 35.21     (1) that Minnesota law requires every driver and owner to 
 35.22  produce an insurance identification card, insurance policy, or 
 35.23  written statement indicating that the vehicle had insurance at 
 35.24  the time of an officer's demand within ten days of the demand, 
 35.25  no later than the date and time specified in the citation for 
 35.26  the driver's first court appearance, if a citation is issued, or 
 35.27  within ten days of receipt of the written notice if a written 
 35.28  notice is sent or given, provided, however, that a driver who 
 35.29  does not own the vehicle shall provide the name and address of 
 35.30  the owner; 
 35.31     (2) that if the driver fails to produce the information 
 35.32  within ten days from the date of demand the required time or if 
 35.33  the owner fails to produce the information within ten days of 
 35.34  receipt of the notice from the peace officer, the commissioner 
 35.35  of public safety shall revoke the person's driver's license or 
 35.36  permit to drive for a minimum of 30 days, and shall revoke the 
 36.1   registration of the vehicle; 
 36.2      (3) that any person who displays or causes another to 
 36.3   display an insurance identification card, insurance policy, or 
 36.4   written statement, knowing that the insurance is not in force, 
 36.5   is guilty of a misdemeanor; and 
 36.6      (4) that any person who alters or makes a fictitious 
 36.7   identification card, insurance policy, or written statement, or 
 36.8   knowingly displays an altered or fictitious identification card, 
 36.9   insurance policy, or written statement, is guilty of a 
 36.10  misdemeanor. 
 36.11     Sec. 9.  Minnesota Statutes 1994, section 169.792, 
 36.12  subdivision 6, is amended to read: 
 36.13     Subd. 6.  [REPORT TO COMMISSIONER OF PUBLIC SAFETY.] If a 
 36.14  driver fails to produce the required proof of insurance or name 
 36.15  and address of the owner within ten days of the demand no later 
 36.16  than the date and time specified in the citation for the 
 36.17  driver's first court appearance, the district court 
 36.18  administrator shall report the failure to the commissioner.  If 
 36.19  an owner who is not the driver fails to produce the required 
 36.20  proof of insurance, or if a driver to whom a citation has not 
 36.21  been issued does not provide proof of insurance or the owner's 
 36.22  name and address, within ten days of receipt of the notice, the 
 36.23  law enforcement agency shall report the failure to the 
 36.24  commissioner.  Failure to produce proof of insurance or the 
 36.25  owner's name and address as required by this section must be 
 36.26  reported to the commissioner promptly regardless of the status 
 36.27  or disposition of any related criminal charges. 
 36.28     Sec. 10.  [171.174] REVOCATION; FLEEING PEACE OFFICER 
 36.29  OFFENSE.] 
 36.30     The commissioner of public safety shall revoke the driver's 
 36.31  license of a person upon receipt of a certificate of conviction 
 36.32  showing that the person has in a motor vehicle violated section 
 36.33  609.487, subdivision 3 or 4, or an ordinance in conformity with 
 36.34  those subdivisions.  The commissioner shall revoke the driver's 
 36.35  license as follows: 
 36.36     (1) for the first offense under section 609.487, 
 37.1   subdivision 3, for not less than one year; 
 37.2      (2) for the second offense or subsequent offenses under 
 37.3   section 609.487, subdivision 3, for not less than three years; 
 37.4      (3) for an offense under section 609.487, subdivision 4, 
 37.5   clause (a), for not less than ten years; 
 37.6      (4) for an offense under section 609.487, subdivision 4, 
 37.7   clause (b), for not less than seven years; and 
 37.8      (5) for an offense under section 609.487, subdivision 4, 
 37.9   clause (c), for not less than five years. 
 37.10     A limited license under section 171.30 may not be issued 
 37.11  for one-half of the revocation period specified in clauses (1) 
 37.12  to (5) and after that period is over only upon and as 
 37.13  recommended by the adjudicating court. 
 37.14     Sec. 11.  Minnesota Statutes 1994, section 244.09, 
 37.15  subdivision 5, is amended to read: 
 37.16     Subd. 5.  The commission shall, on or before January 1, 
 37.17  1980, promulgate sentencing guidelines for the district court.  
 37.18  The guidelines shall be based on reasonable offense and offender 
 37.19  characteristics.  The guidelines promulgated by the commission 
 37.20  shall be advisory to the district court and shall establish: 
 37.21     (1) The circumstances under which imprisonment of an 
 37.22  offender is proper; and 
 37.23     (2) A presumptive, fixed sentence for offenders for whom 
 37.24  imprisonment is proper, based on each appropriate combination of 
 37.25  reasonable offense and offender characteristics.  The guidelines 
 37.26  may provide for an increase or decrease of up to 15 percent in 
 37.27  the presumptive, fixed sentence. 
 37.28     The sentencing guidelines promulgated by the commission may 
 37.29  also establish appropriate sanctions for offenders for whom 
 37.30  imprisonment is not proper.  Any guidelines promulgated by the 
 37.31  commission establishing sanctions for offenders for whom 
 37.32  imprisonment is not proper shall make specific reference to 
 37.33  noninstitutional sanctions, including but not limited to the 
 37.34  following:  payment of fines, day fines, restitution, community 
 37.35  work orders, work release programs in local facilities, 
 37.36  community based residential and nonresidential programs, 
 38.1   incarceration in a local correctional facility, and probation 
 38.2   and the conditions thereof. 
 38.3      In establishing and modifying the sentencing guidelines, 
 38.4   the primary consideration of the commission shall be public 
 38.5   safety.  The commission shall also consider current sentencing 
 38.6   and release practices and; correctional resources, including but 
 38.7   not limited to the capacities of local and state correctional 
 38.8   facilities; and the long-term negative impact of the crime on 
 38.9   the community. 
 38.10     The provisions of sections 14.001 to 14.69 do not apply to 
 38.11  the promulgation of the sentencing guidelines, and the 
 38.12  sentencing guidelines, including severity levels and criminal 
 38.13  history scores, are not subject to review by the legislative 
 38.14  commission to review administrative rules.  However, on or 
 38.15  before January 1, 1986, the commission shall adopt rules 
 38.16  pursuant to sections 14.001 to 14.69 which establish procedures 
 38.17  for the promulgation of the sentencing guidelines, including 
 38.18  procedures for the promulgation of severity levels and criminal 
 38.19  history scores, and these rules shall be subject to review by 
 38.20  the legislative commission to review administrative rules. 
 38.21     Sec. 12.  Minnesota Statutes 1994, section 609.06, is 
 38.22  amended to read: 
 38.23     609.06 [AUTHORIZED USE OF FORCE.] 
 38.24     Subdivision 1.  [WHEN AUTHORIZED.] Except as otherwise 
 38.25  provided in subdivision 2, reasonable force may be used upon or 
 38.26  toward the person of another without the other's consent when 
 38.27  the following circumstances exist or the actor reasonably 
 38.28  believes them to exist: 
 38.29     (1) when used by a public officer or one assisting a public 
 38.30  officer under the public officer's direction: 
 38.31     (a) in effecting a lawful arrest; or 
 38.32     (b) in the execution of legal process; or 
 38.33     (c) in enforcing an order of the court; or 
 38.34     (d) in executing any other duty imposed upon the public 
 38.35  officer by law; or 
 38.36     (2) when used by a person not a public officer in arresting 
 39.1   another in the cases and in the manner provided by law and 
 39.2   delivering the other to an officer competent to receive the 
 39.3   other into custody; or 
 39.4      (3) when used by any person in resisting or aiding another 
 39.5   to resist an offense against the person; or 
 39.6      (4) when used by any person in lawful possession of real or 
 39.7   personal property, or by another assisting the person in lawful 
 39.8   possession, in resisting a trespass upon or other unlawful 
 39.9   interference with such property; or 
 39.10     (5) when used by any person to prevent the escape, or to 
 39.11  retake following the escape, of a person lawfully held on a 
 39.12  charge or conviction of a crime; or 
 39.13     (6) when used by a parent, guardian, teacher or other 
 39.14  lawful custodian of a child or pupil, in the exercise of lawful 
 39.15  authority, to restrain or correct such child or pupil; or 
 39.16     (7) when used by a school employee or school bus driver, in 
 39.17  the exercise of lawful authority, to restrain a child or pupil, 
 39.18  or to prevent bodily harm or death to another; or 
 39.19     (8) when used by a common carrier in expelling a passenger 
 39.20  who refuses to obey a lawful requirement for the conduct of 
 39.21  passengers and reasonable care is exercised with regard to the 
 39.22  passenger's personal safety; or 
 39.23     (9) when used to restrain a mentally ill or mentally 
 39.24  defective person from self-injury or injury to another or when 
 39.25  used by one with authority to do so to compel compliance with 
 39.26  reasonable requirements for the person's control, conduct or 
 39.27  treatment; or 
 39.28     (10) when used by a public or private institution providing 
 39.29  custody or treatment against one lawfully committed to it to 
 39.30  compel compliance with reasonable requirements for the control, 
 39.31  conduct or treatment of the committed person.  
 39.32     Subd. 2.  [DEADLY FORCE USED AGAINST PEACE 
 39.33  OFFICERS.] Deadly force may not be used against peace officers 
 39.34  who have announced their presence and are performing official 
 39.35  duties at a location where a person is committing a crime or an 
 39.36  act that would be a crime if committed by an adult. 
 40.1      Sec. 13.  Minnesota Statutes 1995 Supplement, section 
 40.2   609.20, is amended to read: 
 40.3      609.20 [MANSLAUGHTER IN THE FIRST DEGREE.] 
 40.4      Whoever does any of the following is guilty of manslaughter 
 40.5   in the first degree and may be sentenced to imprisonment for not 
 40.6   more than 15 years or to payment of a fine of not more than 
 40.7   $30,000, or both: 
 40.8      (1) intentionally causes the death of another person in the 
 40.9   heat of passion provoked by such words or acts of another as 
 40.10  would provoke a person of ordinary self-control under like 
 40.11  circumstances, provided that the crying of a child does not 
 40.12  constitute provocation; 
 40.13     (2) violates section 609.224 and causes the death of 
 40.14  another or causes the death of another in committing or 
 40.15  attempting to commit a misdemeanor or gross misdemeanor offense 
 40.16  with such force and violence that death of or great bodily harm 
 40.17  to any person was reasonably foreseeable, and murder in the 
 40.18  first or second degree was not committed thereby; 
 40.19     (3) intentionally causes the death of another person 
 40.20  because the actor is coerced by threats made by someone other 
 40.21  than the actor's coconspirator and which cause the actor 
 40.22  reasonably to believe that the act performed by the actor is the 
 40.23  only means of preventing imminent death to the actor or another; 
 40.24     (4) proximately causes the death of another, without intent 
 40.25  to cause death by, directly or indirectly, unlawfully selling, 
 40.26  giving away, bartering, delivering, exchanging, distributing, or 
 40.27  administering a controlled substance classified in schedule III, 
 40.28  IV, or V; or 
 40.29     (5) causes the death of another in committing or attempting 
 40.30  to commit a violation of section 609.377 (malicious punishment 
 40.31  of a child), and murder in the first, second, or third degree is 
 40.32  not committed thereby. 
 40.33     As used in this section, a "person of ordinary self-control"
 40.34  does not include a person under the influence of intoxicants or 
 40.35  a controlled substance. 
 40.36     Sec. 14.  Minnesota Statutes 1994, section 609.21, 
 41.1   subdivision 1, is amended to read: 
 41.2      Subdivision 1.  [CRIMINAL VEHICULAR HOMICIDE.] Whoever 
 41.3   causes the death of a human being not constituting murder or 
 41.4   manslaughter as a result of operating a motor vehicle, 
 41.5      (1) in a grossly negligent manner; 
 41.6      (2) in a negligent manner while under the influence of 
 41.7   alcohol, a controlled substance, or any combination of those 
 41.8   elements; 
 41.9      (3) while having an alcohol concentration of 0.10 or more; 
 41.10  or 
 41.11     (4) while having an alcohol concentration of 0.10 or more, 
 41.12  as measured within two hours of the time of driving,; or 
 41.13     (5) where the driver who causes the accident leaves the 
 41.14  scene of the accident in violation of section 169.09, 
 41.15  subdivision 1 or 6, 
 41.16  is guilty of criminal vehicular homicide resulting in death and 
 41.17  may be sentenced to imprisonment for not more than ten years or 
 41.18  to payment of a fine of not more than $20,000, or both. 
 41.19     Sec. 15.  Minnesota Statutes 1994, section 609.21, 
 41.20  subdivision 2, is amended to read: 
 41.21     Subd. 2.  [RESULTING IN GREAT BODILY HARM.] Whoever causes 
 41.22  great bodily harm to another, not constituting attempted murder 
 41.23  or assault, as a result of operating a motor vehicle, 
 41.24     (1) in a grossly negligent manner; 
 41.25     (2) in a negligent manner while under the influence of 
 41.26  alcohol, a controlled substance, or any combination of those 
 41.27  elements; 
 41.28     (3) while having an alcohol concentration of 0.10 or more; 
 41.29  or 
 41.30     (4) while having an alcohol concentration of 0.10 or more, 
 41.31  as measured within two hours of the time of driving,; or 
 41.32     (5) where the driver who causes the accident leaves the 
 41.33  scene of the accident in violation of section 169.09, 
 41.34  subdivision 1 or 6, 
 41.35  is guilty of criminal vehicular operation resulting in great 
 41.36  bodily harm and may be sentenced to imprisonment for not more 
 42.1   than five years or to payment of a fine of not more than 
 42.2   $10,000, or both. 
 42.3      Sec. 16.  Minnesota Statutes 1994, section 609.21, 
 42.4   subdivision 2a, is amended to read: 
 42.5      Subd. 2a.  [RESULTING IN SUBSTANTIAL BODILY HARM.] Whoever 
 42.6   causes substantial bodily harm to another, as a result of 
 42.7   operating a motor vehicle, 
 42.8      (1) in a grossly negligent manner; 
 42.9      (2) in a negligent manner while under the influence of 
 42.10  alcohol, a controlled substance, or any combination of those 
 42.11  elements; 
 42.12     (3) while having an alcohol concentration of 0.10 or more; 
 42.13  or 
 42.14     (4) while having an alcohol concentration of 0.10 or more, 
 42.15  as measured within two hours of the time of driving,; or 
 42.16     (5) where the driver who causes the accident leaves the 
 42.17  scene of the accident in violation of section 169.09, 
 42.18  subdivision 1 or 6, 
 42.19  is guilty of criminal vehicular operation resulting in 
 42.20  substantial bodily harm and may be sentenced to imprisonment for 
 42.21  not more than three years or to payment of a fine of not more 
 42.22  than $10,000, or both. 
 42.23     Sec. 17.  Minnesota Statutes 1994, section 609.21, 
 42.24  subdivision 3, is amended to read: 
 42.25     Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
 42.26  causes the death of an unborn child as a result of operating a 
 42.27  motor vehicle, 
 42.28     (1) in a grossly negligent manner; 
 42.29     (2) in a negligent manner while under the influence of 
 42.30  alcohol, a controlled substance, or any combination of those 
 42.31  elements; 
 42.32     (3) while having an alcohol concentration of 0.10 or more; 
 42.33  or 
 42.34     (4) while having an alcohol concentration of 0.10 or more, 
 42.35  as measured within two hours of the time of driving,; or 
 42.36     (5) where the driver who causes the accident leaves the 
 43.1   scene of the accident in violation of section 169.09, 
 43.2   subdivision 1 or 6, 
 43.3   is guilty of criminal vehicular operation resulting in death to 
 43.4   an unborn child and may be sentenced to imprisonment for not 
 43.5   more than ten years or to payment of a fine of not more than 
 43.6   $20,000, or both.  A prosecution for or conviction of a crime 
 43.7   under this subdivision is not a bar to conviction of or 
 43.8   punishment for any other crime committed by the defendant as 
 43.9   part of the same conduct. 
 43.10     Sec. 18.  Minnesota Statutes 1994, section 609.21, 
 43.11  subdivision 4, is amended to read: 
 43.12     Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever 
 43.13  causes great bodily harm to an unborn child who is subsequently 
 43.14  born alive, as a result of operating a motor vehicle, 
 43.15     (1) in a grossly negligent manner; 
 43.16     (2) in a negligent manner while under the influence of 
 43.17  alcohol, a controlled substance, or any combination of those 
 43.18  elements; 
 43.19     (3) while having an alcohol concentration of 0.10 or more; 
 43.20  or 
 43.21     (4) while having an alcohol concentration of 0.10 or more, 
 43.22  as measured within two hours of the time of driving,; or 
 43.23     (5) where the driver who causes the accident leaves the 
 43.24  scene of the accident in violation of section 169.09, 
 43.25  subdivision 1 or 6, 
 43.26  is guilty of criminal vehicular operation resulting in injury to 
 43.27  an unborn child and may be sentenced to imprisonment for not 
 43.28  more than five years or to payment of a fine of not more than 
 43.29  $10,000, or both.  A prosecution for or conviction of a crime 
 43.30  under this subdivision is not a bar to conviction of or 
 43.31  punishment for any other crime committed by the defendant as 
 43.32  part of the same conduct. 
 43.33     Sec. 19.  Minnesota Statutes 1994, section 609.2231, 
 43.34  subdivision 2, is amended to read: 
 43.35     Subd. 2.  [FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL.] 
 43.36  Whoever assaults any of the following persons and inflicts 
 44.1   demonstrable bodily harm is guilty of a gross misdemeanor felony 
 44.2   and may be sentenced to imprisonment for not more than two years 
 44.3   or to payment of a fine of not more than $4,000, or both:  
 44.4      (1) a member of a municipal or volunteer fire department or 
 44.5   emergency medical services personnel unit in the performance of 
 44.6   the member's duties; or 
 44.7      (2) a physician, nurse, or other person providing health 
 44.8   care services in a hospital emergency department; or 
 44.9      (3) an employee of the department of natural resources who 
 44.10  is engaged in forest fire activities. 
 44.11     Sec. 20.  Minnesota Statutes 1994, section 609.2231, is 
 44.12  amended by adding a subdivision to read: 
 44.13     Subd. 2a.  [CERTAIN DEPARTMENT OF NATURAL RESOURCES 
 44.14  EMPLOYEES.] Whoever assaults and inflicts demonstrable bodily 
 44.15  harm on an employee of the department of natural resources who 
 44.16  is engaged in forest fire activities is guilty of a gross 
 44.17  misdemeanor. 
 44.18     Sec. 21.  Minnesota Statutes 1995 Supplement, section 
 44.19  609.224, subdivision 2, is amended to read: 
 44.20     Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
 44.21  provisions of subdivision 1 against the same victim during the 
 44.22  time period between a previous conviction under this section, 
 44.23  sections 609.221 to 609.2231, 609.2242, 609.342 to 609.345, or 
 44.24  609.713, or any similar law of another state, and the end of the 
 44.25  five years following discharge from sentence for that 
 44.26  conviction, is guilty of a gross misdemeanor and may be 
 44.27  sentenced to imprisonment for not more than one year or to 
 44.28  payment of a fine of not more than $3,000, or both.  
 44.29     (b) Whoever violates the provisions of subdivision 1 within 
 44.30  two years of a previous conviction under this section or 
 44.31  sections 609.221 to 609.2231, 609.2242, or 609.713 is guilty of 
 44.32  a gross misdemeanor and may be sentenced to imprisonment for not 
 44.33  more than one year or to payment of a fine of not more than 
 44.34  $3,000, or both. 
 44.35     (c) A caregiver, as defined in section 609.232, who is an 
 44.36  individual and who violates the provisions of subdivision 1 
 45.1   against a vulnerable adult, as defined in section 609.232, is 
 45.2   guilty of a gross misdemeanor and may be sentenced to 
 45.3   imprisonment for not more than one year or to payment of a fine 
 45.4   of not more than $3,000, or both. 
 45.5      Sec. 22.  Minnesota Statutes 1994, section 609.224, 
 45.6   subdivision 4, is amended to read: 
 45.7      Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
 45.8   subdivision 1 against the same victim during the time period 
 45.9   between the first of two or more previous convictions under this 
 45.10  section or sections 609.221 to 609.2231, 609.2242, 609.342 to 
 45.11  609.345, or 609.713, and the end of the five years following 
 45.12  discharge from sentence for that conviction is guilty of a 
 45.13  felony and may be sentenced to imprisonment for not more than 
 45.14  five years or payment of a fine of not more than $10,000, or 
 45.15  both. 
 45.16     (b) Whoever violates the provisions of subdivision 1 within 
 45.17  three years of the first of two or more previous convictions 
 45.18  under this section or sections 609.221 to 609.2231, 609.2242, or 
 45.19  609.713 is guilty of a felony and may be sentenced to 
 45.20  imprisonment for not more than five years or to payment of a 
 45.21  fine of not more than $10,000, or both. 
 45.22     Sec. 23.  [609.2243] [SENTENCING; REPEAT DOMESTIC ASSAULT.] 
 45.23     Subdivision 1.  [GROSS MISDEMEANOR.] A person convicted of 
 45.24  gross misdemeanor domestic assault under section 609.2242, 
 45.25  subdivision 2, shall be sentenced to a minimum of 20 days 
 45.26  imprisonment, at least 96 hours of which must be served 
 45.27  consecutively.  The court may stay execution of the minimum 
 45.28  sentence required under this subdivision on the condition that 
 45.29  the person sentenced complete anger therapy or counseling and 
 45.30  fulfill any other condition, as ordered by the court; provided, 
 45.31  however, that the court shall revoke the stay of execution and 
 45.32  direct the person to be taken into immediate custody if it 
 45.33  appears that the person failed to attend or complete the ordered 
 45.34  therapy or counseling, or violated any other condition of the 
 45.35  stay of execution.  If the court finds at the revocation hearing 
 45.36  required under section 609.14, subdivision 2, that the person 
 46.1   failed to attend or complete the ordered therapy, or violated 
 46.2   any other condition of the stay of execution, the court shall 
 46.3   order execution of the sentence previously imposed. 
 46.4      Subd. 2.  [FELONY.] (a) Except as otherwise provided in 
 46.5   paragraph (b), in determining an appropriate disposition for 
 46.6   felony domestic assault under section 609.2242, subdivision 4, 
 46.7   the court shall presume that a stay of execution with at least a 
 46.8   45-day period of incarceration as a condition of probation shall 
 46.9   be imposed.  If the court imposes a stay of execution with a 
 46.10  period of incarceration as a condition of probation, at least 15 
 46.11  days must be served consecutively. 
 46.12     (b) If the defendant's criminal history score, determined 
 46.13  according to the sentencing guidelines, indicates a presumptive 
 46.14  executed sentence, that sentence shall be imposed unless the 
 46.15  court departs from the sentencing guidelines pursuant to section 
 46.16  244.10.  A stay of imposition of sentence under this paragraph 
 46.17  may be granted only if accompanied by a statement on the record 
 46.18  of the reasons for it. 
 46.19     Sec. 24.  [609.2244] [DOMESTIC ABUSE ASSESSMENTS.] 
 46.20     Subdivision 1.  [DOMESTIC ABUSE ASSESSMENT.] A domestic 
 46.21  abuse assessment must be conducted and an assessment report 
 46.22  submitted to the court by the county agency responsible for 
 46.23  administering the assessment when: 
 46.24     (1) a defendant is convicted of an offense described in 
 46.25  section 518B.01, subdivision 2; or 
 46.26     (2) a defendant is arrested for committing an offense 
 46.27  described in section 518B.01, subdivision 2, but is convicted of 
 46.28  another offense arising out of the same circumstances 
 46.29  surrounding the arrest. 
 46.30     Subd. 2.  [REPORT.] (a) The assessment report must contain 
 46.31  an evaluation of the convicted defendant including the 
 46.32  circumstances of the offense, impact on the victim, the 
 46.33  defendant's prior record, characteristics and history of alcohol 
 46.34  and chemical use problems, and amenability to domestic abuse 
 46.35  counseling programs.  The report is classified as private data 
 46.36  on individuals as defined in section 13.02, subdivision 12. 
 47.1      (b) The assessment report must include: 
 47.2      (1) a recommendation on any limitations on contact with the 
 47.3   victim; 
 47.4      (2) a recommendation for the defendant to enter and 
 47.5   successfully complete domestic abuse counseling and any 
 47.6   aftercare found necessary by the assessment; 
 47.7      (3) a recommendation for chemical dependency evaluation and 
 47.8   treatment as determined by the evaluation whenever alcohol or 
 47.9   drugs were found to be a contributing factor to the offense; 
 47.10     (4) recommendations for other appropriate remedial action 
 47.11  or care, which may consist of educational programs, one-on-one 
 47.12  counseling, a program or type of treatment that addresses mental 
 47.13  health concerns, or a specific explanation why no level of care 
 47.14  or action is recommended; and 
 47.15     (5) consequences for failure to abide by conditions set up 
 47.16  by the court. 
 47.17     Subd. 3.  [ASSESSOR STANDARDS; RULES; ASSESSMENT TIME 
 47.18  LIMITS.] A domestic abuse assessment required by this section 
 47.19  must be conducted by an assessor approved by the court, the 
 47.20  local corrections department, or the commissioner of 
 47.21  corrections.  The assessor shall have access to any police 
 47.22  reports, or other law enforcement data relating to the current 
 47.23  offense or previous offenses that are necessary to complete the 
 47.24  evaluation.  An assessor providing an assessment under this 
 47.25  section may not have any direct or shared financial interest or 
 47.26  referral relationship resulting in shared financial gain with a 
 47.27  treatment provider.  An appointment for the defendant to undergo 
 47.28  the assessment shall be made by the court, a court services 
 47.29  probation officer, or court administrator as soon as possible 
 47.30  but in no case more than one week after the defendant's court 
 47.31  appearance.  The assessment must be completed no later than 
 47.32  three weeks after the defendant's court date. 
 47.33     Subd. 4.  [DOMESTIC ABUSE ASSESSMENT FEE.] When the court 
 47.34  sentences a person convicted of an offense described in section 
 47.35  518B.01, subdivision 2, the court shall impose a domestic abuse 
 47.36  assessment fee of $125.  This fee must be imposed whether the 
 48.1   sentence is executed, stayed, or suspended.  The court may not 
 48.2   waive payment or authorize payment of the fee in installments 
 48.3   unless it makes written findings on the record that the 
 48.4   convicted person is indigent or that the fee would create undue 
 48.5   hardship for the convicted person or that person's immediate 
 48.6   family.  The person convicted of the offense and ordered to pay 
 48.7   the fee shall pay the fee to the county corrections department 
 48.8   or other designated agencies conducting the assessment. 
 48.9      Sec. 25.  [609.2246] [TATTOOS; MINORS.] 
 48.10     Subdivision 1.  [REQUIREMENTS.] No person under the age of 
 48.11  18 may receive a tattoo unless the person provides written 
 48.12  parental consent to the tattoo.  The consent must include both 
 48.13  the custodial and noncustodial parents, where applicable. 
 48.14     Subd. 2.  [DEFINITION.] For the purposes of this section, 
 48.15  "tattoo" means an indelible mark or figure fixed on the body by 
 48.16  insertion of pigment under the skin or by production of scars. 
 48.17     Subd. 3.  [PENALTY.] A person who provides a tattoo to a 
 48.18  minor in violation of this section is guilty of a misdemeanor. 
 48.19     Sec. 26.  Minnesota Statutes 1995 Supplement, section 
 48.20  609.3451, subdivision 1, is amended to read: 
 48.21     Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
 48.22  criminal sexual conduct in the fifth degree: 
 48.23     (1) if the person engages in nonconsensual sexual contact; 
 48.24  or 
 48.25     (2) the person engages in masturbation or lewd exhibition 
 48.26  of the genitals in the presence of a minor under the age of 16, 
 48.27  knowing or having reason to know the minor is present.  
 48.28     For purposes of this section, "sexual contact" has the 
 48.29  meaning given in section 609.341, subdivision 11, paragraph (a), 
 48.30  clauses (i) and (iv), but does not include the intentional 
 48.31  touching of the clothing covering the immediate area of the 
 48.32  buttocks.  Sexual contact also includes the intentional removal 
 48.33  or attempted removal of clothing covering the complainant's 
 48.34  intimate parts or undergarments, and the nonconsensual touching 
 48.35  by the complainant of the actor's intimate parts, effected by 
 48.36  the actor, if the action is performed with sexual or aggressive 
 49.1   intent. 
 49.2      Sec. 27.  Minnesota Statutes 1994, section 609.3451, is 
 49.3   amended by adding a subdivision to read: 
 49.4      Subd. 3.  [FELONY.] A person is guilty of a felony and may 
 49.5   be sentenced to imprisonment for not more than five years or to 
 49.6   payment of a fine of not more than $10,000, or both, if the 
 49.7   person violates subdivision 1, clause (2), after having been 
 49.8   previously convicted of or adjudicated delinquent for violating 
 49.9   subdivision 1, clause (2); section 617.23, paragraph (b), clause 
 49.10  (1); or a statute from another state in conformity with 
 49.11  subdivision 1, clause (2), or section 617.23, paragraph (b), 
 49.12  clause (1). 
 49.13     Sec. 28.  Minnesota Statutes 1995 Supplement, section 
 49.14  609.485, subdivision 2, is amended to read: 
 49.15     Subd. 2.  [ACTS PROHIBITED.] Whoever does any of the 
 49.16  following may be sentenced as provided in subdivision 4: 
 49.17     (1) escapes while held in lawful custody on a charge or 
 49.18  conviction of a crime, or while held in lawful custody on an 
 49.19  allegation or adjudication of a delinquent act while 18 years of 
 49.20  age; 
 49.21     (2) transfers to another, who is in lawful custody on a 
 49.22  charge or conviction of a crime, or introduces into an 
 49.23  institution in which the latter is confined, anything usable in 
 49.24  making such escape, with intent that it shall be so used; 
 49.25     (3) having another in lawful custody on a charge or 
 49.26  conviction of a crime, intentionally permits the other to 
 49.27  escape; 
 49.28     (4) escapes while in a facility designated under section 
 49.29  253B.18, subdivision 1, pursuant to a court commitment order 
 49.30  after a finding of not guilty by reason of mental illness or 
 49.31  mental deficiency of a crime against the person, as defined in 
 49.32  section 253B.02, subdivision 4a.  Notwithstanding section 
 49.33  609.17, no person may be charged with or convicted of an attempt 
 49.34  to commit a violation of this clause; or 
 49.35     (5) escapes while in a facility designated under section 
 49.36  253B.18, subdivision 1, pursuant to a court commitment order 
 50.1   under section 253B.185 or 526.10. 
 50.2      For purposes of clause (1), "escapes while held in lawful 
 50.3   custody" includes absconding from electronic monitoring or 
 50.4   absconding after removing an electronic monitoring device from 
 50.5   the person's body. 
 50.6      Sec. 29.  Minnesota Statutes 1995 Supplement, section 
 50.7   609.485, subdivision 4, is amended to read: 
 50.8      Subd. 4.  [SENTENCE.] (a) Except as otherwise provided in 
 50.9   subdivision 3a, whoever violates this section may be sentenced 
 50.10  as follows: 
 50.11     (1) if the person who escapes is in lawful custody on a 
 50.12  charge or conviction of a felony, to imprisonment for not more 
 50.13  than five years or to payment of a fine of not more than 
 50.14  $10,000, or both; 
 50.15     (2) if the person who escapes is in lawful custody after a 
 50.16  finding of not guilty by reason of mental illness or mental 
 50.17  deficiency of a crime against the person, as defined in section 
 50.18  253B.02, subdivision 4a, or pursuant to a court commitment order 
 50.19  under section 253B.185 or 526.10, to imprisonment for not more 
 50.20  than one year and one day or to payment of a fine of not more 
 50.21  than $3,000, or both; or 
 50.22     (3) if such charge or conviction is for a gross misdemeanor 
 50.23  or misdemeanor, or if the person who escapes is in lawful 
 50.24  custody on an allegation or adjudication of a delinquent act 
 50.25  while 18 years of age, to imprisonment for not more than one 
 50.26  year or to payment of a fine of not more than $3,000, or both.  
 50.27     (b) If the escape was a violation of subdivision 2, clause 
 50.28  (1), (2), or (3), and was effected by violence or threat of 
 50.29  violence against a person, the sentence may be increased to not 
 50.30  more than twice those permitted in paragraph (a), clauses (1) 
 50.31  and (3). 
 50.32     (c) Unless a concurrent term is specified by the court, a 
 50.33  sentence under this section shall be consecutive to any sentence 
 50.34  previously imposed or which may be imposed for any crime or 
 50.35  offense for which the person was in custody when the person 
 50.36  escaped. 
 51.1      (d) Notwithstanding paragraph (c), if a person who was 
 51.2   committed to the commissioner of corrections under section 
 51.3   260.185 escapes from the custody of the commissioner while 18 
 51.4   years of age, the person's sentence under this section shall 
 51.5   commence on the person's 19th birthday or on the person's date 
 51.6   of discharge by the commissioner of corrections, whichever 
 51.7   occurs first.  However, if the person described in this clause 
 51.8   is convicted under this section after becoming 19 years old and 
 51.9   after having been discharged by the commissioner, the person's 
 51.10  sentence shall commence upon imposition by the sentencing court. 
 51.11     (e) Notwithstanding paragraph (c), if a person who is in 
 51.12  lawful custody on an allegation or adjudication of a delinquent 
 51.13  act while 18 years of age escapes from a local juvenile 
 51.14  correctional facility, the person's sentence under this section 
 51.15  begins on the person's 19th birthday or on the person's date of 
 51.16  discharge from the jurisdiction of the juvenile court, whichever 
 51.17  occurs first.  However, if the person described in this 
 51.18  paragraph is convicted after becoming 19 years old and after 
 51.19  discharge from the jurisdiction of the juvenile court, the 
 51.20  person's sentence begins upon imposition by the sentencing court.
 51.21     Sec. 30.  Minnesota Statutes 1994, section 609.487, is 
 51.22  amended by adding a subdivision to read: 
 51.23     Subd. 5.  [REVOCATION; FLEEING PEACE OFFICER OFFENSE.] When 
 51.24  a person is convicted of operating a motor vehicle in violation 
 51.25  of subdivision 3 or 4, or an ordinance in conformity with those 
 51.26  subdivisions, the court shall notify the commissioner of public 
 51.27  safety and order the commissioner to revoke the driver's license 
 51.28  of the person. 
 51.29     Sec. 31.  Minnesota Statutes 1995 Supplement, section 
 51.30  609.52, subdivision 1, is amended to read: 
 51.31     Subdivision 1.  [DEFINITIONS.] In this section: 
 51.32     (1) "Property" means all forms of tangible property, 
 51.33  whether real or personal, without limitation including documents 
 51.34  of value, electricity, gas, water, corpses, domestic animals, 
 51.35  dogs, pets, fowl, and heat supplied by pipe or conduit by 
 51.36  municipalities or public utility companies and articles, as 
 52.1   defined in clause (4), representing trade secrets, which 
 52.2   articles shall be deemed for the purposes of Extra Session Laws 
 52.3   1967, chapter 15 to include any trade secret represented by the 
 52.4   article. 
 52.5      (2) "Movable property" is property whose physical location 
 52.6   can be changed, including without limitation things growing on, 
 52.7   affixed to, or found in land. 
 52.8      (3) "Value" means the retail market value at the time of 
 52.9   the theft, or if the retail market value cannot be ascertained, 
 52.10  the cost of replacement of the property within a reasonable time 
 52.11  after the theft, or in the case of a theft or the making of a 
 52.12  copy of an article representing a trade secret, where the retail 
 52.13  market value or replacement cost cannot be ascertained, any 
 52.14  reasonable value representing the damage to the owner which the 
 52.15  owner has suffered by reason of losing an advantage over those 
 52.16  who do not know of or use the trade secret.  For a check, draft, 
 52.17  or other order for the payment of money, "value" means the 
 52.18  amount of money promised or ordered to be paid under the terms 
 52.19  of the check, draft, or other order.  For a theft committed 
 52.20  within the meaning of subdivision 2, clause (5), (a) and (b), if 
 52.21  the property has been restored to the owner, "value" means the 
 52.22  value of the use of the property or the damage which it 
 52.23  sustained, whichever is greater, while the owner was deprived of 
 52.24  its possession, but not exceeding the value otherwise provided 
 52.25  herein. 
 52.26     (4) "Article" means any object, material, device or 
 52.27  substance, including any writing, record, recording, drawing, 
 52.28  sample specimen, prototype, model, photograph, microorganism, 
 52.29  blueprint or map, or any copy of any of the foregoing. 
 52.30     (5) "Representing" means describing, depicting, containing, 
 52.31  constituting, reflecting or recording. 
 52.32     (6) "Trade secret" means information, including a formula, 
 52.33  pattern, compilation, program, device, method, technique, or 
 52.34  process, that:  
 52.35     (i) derives independent economic value, actual or 
 52.36  potential, from not being generally known to, and not being 
 53.1   readily ascertainable by proper means by, other persons who can 
 53.2   obtain economic value from its disclosure or use, and 
 53.3      (ii) is the subject of efforts that are reasonable under 
 53.4   the circumstances to maintain its secrecy. 
 53.5      (7) "Copy" means any facsimile, replica, photograph or 
 53.6   other reproduction of an article, and any note, drawing, or 
 53.7   sketch made of or from an article while in the presence of the 
 53.8   article. 
 53.9      (8) "Property of another" includes property in which the 
 53.10  actor is coowner or has a lien, pledge, bailment, or lease or 
 53.11  other subordinate interest, property transferred by the actor in 
 53.12  circumstances which are known to the actor and which make the 
 53.13  transfer fraudulent as defined in section 513.44, and property 
 53.14  of a partnership of which the actor is a member, unless the 
 53.15  actor and the victim are husband and wife.  It does not include 
 53.16  property in which the actor asserts in good faith a claim as a 
 53.17  collection fee or commission out of property or funds recovered, 
 53.18  or by virtue of a lien, setoff, or counterclaim.  
 53.19     (9) "Services" include but are not limited to labor, 
 53.20  professional services, transportation services, electronic 
 53.21  computer services, the supplying of hotel accommodations, 
 53.22  restaurant services, entertainment services, advertising 
 53.23  services, telecommunication services, and the supplying of 
 53.24  equipment for use.  
 53.25     (10) "Motor vehicle" means a self-propelled device for 
 53.26  moving persons or property or pulling implements from one place 
 53.27  to another, whether the device is operated on land, rails, 
 53.28  water, or in the air. 
 53.29     Sec. 32.  Minnesota Statutes 1994, section 609.52, 
 53.30  subdivision 2, is amended to read: 
 53.31     Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
 53.32  the following commits theft and may be sentenced as provided in 
 53.33  subdivision 3: 
 53.34     (1) intentionally and without claim of right takes, uses, 
 53.35  transfers, conceals or retains possession of movable property of 
 53.36  another without the other's consent and with intent to deprive 
 54.1   the owner permanently of possession of the property; or 
 54.2      (2) having a legal interest in movable property, 
 54.3   intentionally and without consent, takes the property out of the 
 54.4   possession of a pledgee or other person having a superior right 
 54.5   of possession, with intent thereby to deprive the pledgee or 
 54.6   other person permanently of the possession of the property; or 
 54.7      (3) obtains for the actor or another the possession, 
 54.8   custody, or title to property of or performance of services by a 
 54.9   third person by intentionally deceiving the third person with a 
 54.10  false representation which is known to be false, made with 
 54.11  intent to defraud, and which does defraud the person to whom it 
 54.12  is made.  "False representation" includes without limitation: 
 54.13     (a) the issuance of a check, draft, or order for the 
 54.14  payment of money, except a forged check as defined in section 
 54.15  609.631, or the delivery of property knowing that the actor is 
 54.16  not entitled to draw upon the drawee therefor or to order the 
 54.17  payment or delivery thereof; or 
 54.18     (b) a promise made with intent not to perform.  Failure to 
 54.19  perform is not evidence of intent not to perform unless 
 54.20  corroborated by other substantial evidence; or 
 54.21     (c) the preparation or filing of a claim for reimbursement, 
 54.22  a rate application, or a cost report used to establish a rate or 
 54.23  claim for payment for medical care provided to a recipient of 
 54.24  medical assistance under chapter 256B, which intentionally and 
 54.25  falsely states the costs of or actual services provided by a 
 54.26  vendor of medical care; or 
 54.27     (d) the preparation or filing of a claim for reimbursement 
 54.28  for providing treatment or supplies required to be furnished to 
 54.29  an employee under section 176.135 which intentionally and 
 54.30  falsely states the costs of or actual treatment or supplies 
 54.31  provided; or 
 54.32     (e) the preparation or filing of a claim for reimbursement 
 54.33  for providing treatment or supplies required to be furnished to 
 54.34  an employee under section 176.135 for treatment or supplies that 
 54.35  the provider knew were medically unnecessary, inappropriate, or 
 54.36  excessive; or 
 55.1      (4) by swindling, whether by artifice, trick, device, or 
 55.2   any other means, obtains property or services from another 
 55.3   person; or 
 55.4      (5) intentionally commits any of the acts listed in this 
 55.5   subdivision but with intent to exercise temporary control only 
 55.6   and: 
 55.7      (a) the control exercised manifests an indifference to the 
 55.8   rights of the owner or the restoration of the property to the 
 55.9   owner; or 
 55.10     (b) the actor pledges or otherwise attempts to subject the 
 55.11  property to an adverse claim; or 
 55.12     (c) the actor intends to restore the property only on 
 55.13  condition that the owner pay a reward or buy back or make other 
 55.14  compensation; or 
 55.15     (6) finds lost property and, knowing or having reasonable 
 55.16  means of ascertaining the true owner, appropriates it to the 
 55.17  finder's own use or to that of another not entitled thereto 
 55.18  without first having made reasonable effort to find the owner 
 55.19  and offer and surrender the property to the owner; or 
 55.20     (7) intentionally obtains property or services, offered 
 55.21  upon the deposit of a sum of money or tokens in a coin or token 
 55.22  operated machine or other receptacle, without making the 
 55.23  required deposit or otherwise obtaining the consent of the 
 55.24  owner; or 
 55.25     (8) intentionally and without claim of right converts any 
 55.26  article representing a trade secret, knowing it to be such, to 
 55.27  the actor's own use or that of another person or makes a copy of 
 55.28  an article representing a trade secret, knowing it to be such, 
 55.29  and intentionally and without claim of right converts the same 
 55.30  to the actor's own use or that of another person.  It shall be a 
 55.31  complete defense to any prosecution under this clause for the 
 55.32  defendant to show that information comprising the trade secret 
 55.33  was rightfully known or available to the defendant from a source 
 55.34  other than the owner of the trade secret; or 
 55.35     (9) leases or rents personal property under a written 
 55.36  instrument and who with intent to place the property beyond the 
 56.1   control of the lessor conceals or aids or abets the concealment 
 56.2   of the property or any part thereof, or any lessee of the 
 56.3   property who sells, conveys, or encumbers the property or any 
 56.4   part thereof without the written consent of the lessor, without 
 56.5   informing the person to whom the lessee sells, conveys, or 
 56.6   encumbers that the same is subject to such lease and with intent 
 56.7   to deprive the lessor of possession thereof.  Evidence that a 
 56.8   lessee used a false or fictitious name or address in obtaining 
 56.9   the property or fails or refuses to return the property to 
 56.10  lessor within five days after written demand for the return has 
 56.11  been served personally in the manner provided for service of 
 56.12  process of a civil action or sent by certified mail to the last 
 56.13  known address of the lessee, whichever shall occur later, shall 
 56.14  be evidence of intent to violate this clause.  Service by 
 56.15  certified mail shall be deemed to be complete upon deposit in 
 56.16  the United States mail of such demand, postpaid and addressed to 
 56.17  the person at the address for the person set forth in the lease 
 56.18  or rental agreement, or, in the absence of the address, to the 
 56.19  person's last known place of residence; or 
 56.20     (10) alters, removes, or obliterates numbers or symbols 
 56.21  placed on movable property for purpose of identification by the 
 56.22  owner or person who has legal custody or right to possession 
 56.23  thereof with the intent to prevent identification, if the person 
 56.24  who alters, removes, or obliterates the numbers or symbols is 
 56.25  not the owner and does not have the permission of the owner to 
 56.26  make the alteration, removal, or obliteration; or 
 56.27     (11) with the intent to prevent the identification of 
 56.28  property involved, so as to deprive the rightful owner of 
 56.29  possession thereof, alters or removes any permanent serial 
 56.30  number, permanent distinguishing number or manufacturer's 
 56.31  identification number on personal property or possesses, sells 
 56.32  or buys any personal property with knowledge knowing or having 
 56.33  reason to know that the permanent serial number, permanent 
 56.34  distinguishing number or manufacturer's identification number 
 56.35  has been removed or altered; or 
 56.36     (12) intentionally deprives another of a lawful charge for 
 57.1   cable television service by: 
 57.2      (i) making or using or attempting to make or use an 
 57.3   unauthorized external connection outside the individual dwelling 
 57.4   unit whether physical, electrical, acoustical, inductive, or 
 57.5   other connection, or by 
 57.6      (ii) attaching any unauthorized device to any cable, wire, 
 57.7   microwave, or other component of a licensed cable communications 
 57.8   system as defined in chapter 238.  Nothing herein shall be 
 57.9   construed to prohibit the electronic video rerecording of 
 57.10  program material transmitted on the cable communications system 
 57.11  by a subscriber for fair use as defined by Public Law Number 
 57.12  94-553, section 107; or 
 57.13     (13) except as provided in paragraphs (12) and (14), 
 57.14  obtains the services of another with the intention of receiving 
 57.15  those services without making the agreed or reasonably expected 
 57.16  payment of money or other consideration; or 
 57.17     (14) intentionally deprives another of a lawful charge for 
 57.18  telecommunications service by:  
 57.19     (i) making, using, or attempting to make or use an 
 57.20  unauthorized connection whether physical, electrical, by wire, 
 57.21  microwave, radio, or other means to a component of a local 
 57.22  telecommunication system as provided in chapter 237; or 
 57.23     (ii) attaching an unauthorized device to a cable, wire, 
 57.24  microwave, radio, or other component of a local 
 57.25  telecommunication system as provided in chapter 237.  
 57.26     The existence of an unauthorized connection is prima facie 
 57.27  evidence that the occupier of the premises:  
 57.28     (i) made or was aware of the connection; and 
 57.29     (ii) was aware that the connection was unauthorized; or 
 57.30     (15) with intent to defraud, diverts corporate property 
 57.31  other than in accordance with general business purposes or for 
 57.32  purposes other than those specified in the corporation's 
 57.33  articles of incorporation; or 
 57.34     (16) with intent to defraud, authorizes or causes a 
 57.35  corporation to make a distribution in violation of section 
 57.36  302A.551, or any other state law in conformity with it; or 
 58.1      (17) intentionally takes or drives a motor vehicle without 
 58.2   the consent of the owner or an authorized agent of the owner. 
 58.3      Sec. 33.  Minnesota Statutes 1994, section 609.583, is 
 58.4   amended to read: 
 58.5      609.583 [SENTENCING; FIRST BURGLARY OF A DWELLING.] 
 58.6      Except as provided in section 609.582, subdivision 1a, in 
 58.7   determining an appropriate disposition for a first offense of 
 58.8   burglary of a dwelling, the court shall presume that a stay of 
 58.9   execution with at least a 90-day period of incarceration as a 
 58.10  condition of probation shall be imposed unless the defendant's 
 58.11  criminal history score determined according to the sentencing 
 58.12  guidelines indicates a presumptive executed sentence, in which 
 58.13  case the presumptive executed sentence shall be imposed unless 
 58.14  the court departs from the sentencing guidelines pursuant to 
 58.15  section 244.10.  A stay of imposition of sentence may be granted 
 58.16  only if accompanied by a statement on the record of the reasons 
 58.17  for it.  The presumptive period of incarceration may be waived 
 58.18  in whole or in part by the court if the defendant provides 
 58.19  restitution or performs community work service. 
 58.20     Sec. 34.  [609.586] [POSSESSION OF CODE GRABBING DEVICES; 
 58.21  PENALTY.] 
 58.22     Subdivision 1.  [DEFINITION.] As used in this section, 
 58.23  "code grabbing device" means a device that can receive and 
 58.24  record the coded signal sent by the transmitter of a security or 
 58.25  other electronic system and can play back the signal to disarm 
 58.26  or operate that system. 
 58.27     Subd. 2.  [CRIME.] Whoever possesses a code grabbing device 
 58.28  with intent to use the device to commit an unlawful act may be 
 58.29  sentenced to imprisonment for not more than three years or to 
 58.30  payment of a fine of not more than $5,000, or both. 
 58.31     Sec. 35.  Minnesota Statutes 1994, section 609.596, is 
 58.32  amended to read: 
 58.33     609.596 [KILLING OR HARMING A POLICE, CORRECTIONS OR ARSON 
 58.34  DOG.] 
 58.35     Subdivision 1.  [FELONY.] Whoever intentionally and without 
 58.36  justification causes the death of a police dog or an arson dog 
 59.1   when the dog is involved in law enforcement, fire, or 
 59.2   correctional investigation or apprehension, or the dog is in the 
 59.3   custody of or under the control of a peace officer, as defined 
 59.4   in section 626.84, subdivision 1, paragraph (c), or an employee 
 59.5   of a correctional facility, as defined in section 241.021, 
 59.6   subdivision 1, clause (5), is guilty of a felony and may be 
 59.7   sentenced to imprisonment for not more than two years or to 
 59.8   payment of a fine of not more than $4,000 $5,000, or both.  In 
 59.9   lieu of a fine, the court may order a defendant convicted under 
 59.10  this subdivision to pay restitution to the affected agency to 
 59.11  replace the police dog or arson dog, in an amount not to exceed 
 59.12  $5,000. 
 59.13     Subd. 2.  [GROSS MISDEMEANOR.] Whoever intentionally and 
 59.14  without justification causes substantial or great bodily harm to 
 59.15  a police dog or an arson dog when the dog is involved in law 
 59.16  enforcement, fire, or correctional investigation or 
 59.17  apprehension, or the dog is in the custody of or under the 
 59.18  control of a peace officer or an employee of a correctional 
 59.19  facility, as defined in section 241.021, subdivision 1, clause 
 59.20  (5), is guilty of a gross misdemeanor. 
 59.21     Subd. 3.  [DEFINITION.] As used in this section, "arson 
 59.22  dog" means a dog that has been certified as an arson dog by a 
 59.23  state fire or police agency or by an independent testing 
 59.24  laboratory. 
 59.25     Sec. 36.  Minnesota Statutes 1994, section 609.611, is 
 59.26  amended to read: 
 59.27     609.611 [DEFRAUDING INSURER INSURANCE FRAUD.] 
 59.28     Subdivision 1.  [DEFRAUD; DAMAGES OR CONCEALS PROPERTY 
 59.29  INSURANCE FRAUD PROHIBITED.] Whoever with intent to injure or 
 59.30  defraud an insurer, damages, removes, or conceals any property 
 59.31  real or personal, whether the actor's own or that of another, 
 59.32  which is at the time insured by any person, firm, or corporation 
 59.33  against loss or damage; 
 59.34     (a) May be sentenced to imprisonment for not more than 
 59.35  three years or to payment of fine of not more than $5,000, or 
 59.36  both if the value insured for is less than $20,000; or 
 60.1      (b) May be sentenced to imprisonment for not more than five 
 60.2   years or to payment of fine of not more than $10,000, or both if 
 60.3   the value insured for is $20,000 or greater; 
 60.4      (c) Proof that the actor recovered or attempted to recover 
 60.5   on a policy of insurance by reason of the alleged loss is 
 60.6   relevant but not essential to establish the actor's intent to 
 60.7   defraud the insurer. the intent to defraud for the purpose of 
 60.8   depriving another of property or for pecuniary gain, commits, or 
 60.9   permits its employees or its agents to commit any of the 
 60.10  following acts, is guilty of insurance fraud and may be 
 60.11  sentenced as provided in subdivision 3: 
 60.12     (a) Presents, causes to be presented, or prepares with 
 60.13  knowledge or reason to believe that it will be presented, by or 
 60.14  on behalf of an insured, claimant, or applicant to an insurer, 
 60.15  insurance professional, or premium finance company in connection 
 60.16  with an insurance transaction or premium finance transaction, 
 60.17  any information that contains a false representation as to any 
 60.18  material fact, or that conceals a material fact concerning any 
 60.19  of the following: 
 60.20     (1) an application for, rating of, or renewal of, an 
 60.21  insurance policy; 
 60.22     (2) a claim for payment or benefit under an insurance 
 60.23  policy; 
 60.24     (3) a payment made according to the terms of an insurance 
 60.25  policy; 
 60.26     (4) an application used in a premium finance transaction; 
 60.27     (b) Presents, causes to be presented, or prepares with 
 60.28  knowledge or reason to believe that it will be presented, to or 
 60.29  by an insurer, insurance professional, or a premium finance 
 60.30  company in connection with an insurance transaction or premium 
 60.31  finance transaction, any information that contains a false 
 60.32  representation as to any material fact, or that conceals a 
 60.33  material fact, concerning any of the following: 
 60.34     (1) a solicitation for sale of an insurance policy or 
 60.35  purported insurance policy; 
 60.36     (2) an application for certificate of authority; 
 61.1      (3) the financial condition of an insurer; or 
 61.2      (4) the acquisition, formation, merger, affiliation, or 
 61.3   dissolution of an insurer; 
 61.4      (c) Solicits or accepts new or renewal insurance risks by 
 61.5   or for an insolvent insurer; 
 61.6      (d) Removes the assets or any record of assets, 
 61.7   transactions, and affairs or any material part thereof, from the 
 61.8   home office or other place of business of an insurer, or from 
 61.9   the place of safekeeping of an insurer, or destroys or 
 61.10  sequesters the same from the department of commerce. 
 61.11     (e) Diverts, misappropriates, converts, or embezzles funds 
 61.12  of an insurer, insured, claimant, or applicant for insurance in 
 61.13  connection with: 
 61.14     (1) an insurance transaction; 
 61.15     (2) the conducting of business activities by an insurer or 
 61.16  insurance professional; or 
 61.17     (3) the acquisition, formation, merger, affiliation, or 
 61.18  dissolution of any insurer. 
 61.19     Subd. 2.  [DEFRAUD; FALSE LOSS CLAIM STATUTE OF 
 61.20  LIMITATIONS.] Whoever intentionally makes a claim to an 
 61.21  insurance company that personal property was lost, stolen, 
 61.22  damaged, destroyed, misplaced, or disappeared, knowing the claim 
 61.23  to be false may be sentenced as provided in section 609.52, 
 61.24  subdivision 3.  The applicable statute of limitations provision 
 61.25  under section 628.26 shall not begin to run until the insurance 
 61.26  company or law enforcement agency is aware of the fraud, but in 
 61.27  no event may the prosecution be commenced later than seven years 
 61.28  after the claim was made act has occurred. 
 61.29     Subd. 3.  [SENTENCE.] Whoever violates this provision may 
 61.30  be sentenced as provided in section 609.52, subdivision 3, based 
 61.31  on the greater of (i) the value of property, services, or other 
 61.32  benefit wrongfully obtained or attempted to obtain, or (ii) the 
 61.33  aggregate economic loss suffered by any person as a result of 
 61.34  the violation.  A person convicted of a violation of this 
 61.35  section must be ordered to pay restitution to persons aggrieved 
 61.36  by the violation.  Restitution must be ordered in addition to a 
 62.1   fine or imprisonment but not in lieu of a fine or imprisonment. 
 62.2      Subd. 4.  [DEFINITIONS.] (a) "Insurance policy" means the 
 62.3   written instrument in which are set forth the terms of any 
 62.4   certificate of insurance, binder of coverage, or contract of 
 62.5   insurance (including a certificate, binder, or contract issued 
 62.6   by a state-assigned risk plan); benefit plan; nonprofit hospital 
 62.7   service plan; motor club service plan; or surety bond, cash 
 62.8   bond, or any other alternative to insurance authorized by a 
 62.9   state's financial responsibility act. 
 62.10     (b) "Insurance professional" means sales agents, agencies, 
 62.11  managing general agents, brokers, producers, claims 
 62.12  representatives, adjusters, and third-party administrators. 
 62.13     (c) "Insurance transaction" means a transaction by, between 
 62.14  or among:  (1) an insurer or a person who acts on behalf of an 
 62.15  insurer; and (2) an insured, claimant, applicant for insurance, 
 62.16  public adjuster, insurance professional, practitioner, or any 
 62.17  person who acts on behalf of any of the foregoing, for the 
 62.18  purpose of obtaining insurance or reinsurance, calculating 
 62.19  insurance premiums, submitting a claim, negotiating or adjusting 
 62.20  a claim, or otherwise obtaining insurance, self-insurance, or 
 62.21  reinsurance or obtaining the benefits thereof or therefrom. 
 62.22     (d) "Insurer" means a person purporting to engage in the 
 62.23  business of insurance or authorized to do business in the state 
 62.24  or subject to regulation by the state, who undertakes to 
 62.25  indemnify another against loss, damage or liability arising from 
 62.26  a contingent or unknown event.  Insurer includes, but is not 
 62.27  limited to, an insurance company; self-insurer; reinsurer; 
 62.28  reciprocal exchange; interinsurer; risk retention group; Lloyd's 
 62.29  insurer; fraternal benefit society; surety; medical service, 
 62.30  dental, optometric, or any other similar health service plan; 
 62.31  and any other legal entity engaged or purportedly engaged in the 
 62.32  business of insurance, including any person or entity that falls 
 62.33  within the definition of insurer found within section 60A.951, 
 62.34  subdivision 5. 
 62.35     (e) "Premium" means consideration paid or payable for 
 62.36  coverage under an insurance policy.  Premium includes any 
 63.1   payment, whether due within the insurance policy term or 
 63.2   otherwise, and any deductible payment, whether advanced by the 
 63.3   insurer or insurance professional and subject to reimbursement 
 63.4   by the insured or otherwise, any self insured retention or 
 63.5   payment, whether advanced by the insurer or insurance 
 63.6   professional and subject to reimbursement by the insured or 
 63.7   otherwise, and any collateral or security to be provided to 
 63.8   collateralize obligations to pay any of the above. 
 63.9      (f) "Premium finance company" means a person engaged or 
 63.10  purporting to engage in the business of advancing money, 
 63.11  directly or indirectly, to an insurer or producer at the request 
 63.12  of an insured under the terms of a premium finance agreement, 
 63.13  including but not limited to, loan contracts, notes, agreements 
 63.14  or obligations, wherein the insured has assigned the unearned 
 63.15  premiums, accrued dividends, or loss payments as security for 
 63.16  such advancement in payment of premiums on insurance policies 
 63.17  only, but does not include the financing of insurance premiums 
 63.18  purchased in connection with the financing of goods or services. 
 63.19     (g) "Premium finance transaction" means a transaction by, 
 63.20  between, or among an insured, a producer or other party claiming 
 63.21  to act on behalf of an insured and a third-party premium finance 
 63.22  company, for the purposes of purportedly or actually advancing 
 63.23  money directly or indirectly to in insurer or producer at the 
 63.24  request of an insured under the terms of a premium finance 
 63.25  agreement, wherein the insured has assigned the unearned 
 63.26  premiums, accrued dividends or loan payments as security for 
 63.27  such advancement in payment of premiums on insurance policies 
 63.28  only, but does not include the financing of insurance premiums 
 63.29  purchased in connection with the financing of goods or services. 
 63.30     Sec. 37.  Minnesota Statutes 1995 Supplement, section 
 63.31  617.23, is amended to read: 
 63.32     617.23 [INDECENT EXPOSURE; PENALTIES.] 
 63.33     (a) A person is guilty of a misdemeanor who in any public 
 63.34  place, or in any place where others are present:  
 63.35     (1) willfully and lewdly exposes the person's body, or the 
 63.36  private parts thereof; 
 64.1      (2) procures another to expose private parts; or 
 64.2      (3) engages in any open or gross lewdness or lascivious 
 64.3   behavior, or any public indecency other than behavior specified 
 64.4   in clause (1) or (2) or this clause. 
 64.5      (b) A person is guilty of a gross misdemeanor if: 
 64.6      (1) the person violates this section in the presence of a 
 64.7   minor under the age of 16; or 
 64.8      (2) the person violates this section after having been 
 64.9   previously convicted of violating this section, sections 609.342 
 64.10  to 609.3451, or a statute from another state in conformity with 
 64.11  any of those sections. 
 64.12     (c) A person is guilty of a felony and may be sentenced to 
 64.13  imprisonment for not more than five years or to payment of a 
 64.14  fine of not more than $10,000, or both, if the person violates 
 64.15  paragraph (b), clause (1), after having been previously 
 64.16  convicted of or adjudicated delinquent for violating paragraph 
 64.17  (b), clause (1); section 609.3451, subdivision 1, clause (2); or 
 64.18  a statute from another state in conformity with paragraph (b), 
 64.19  clause (1), or section 609.3451, subdivision 1, clause (2). 
 64.20     Sec. 38.  [INSURANCE FRAUD REVOLVING ACCOUNT.] 
 64.21     The attorney general shall deposit in a separate account in 
 64.22  the state treasury all money voluntarily contributed by 
 64.23  insurance companies for the investigation and prosecution of 
 64.24  insurance fraud.  Money in the account is appropriated to the 
 64.25  attorney general for that purpose. 
 64.26     Sec. 39.  [SENTENCING GUIDELINES MODIFICATIONS.] 
 64.27     Pursuant to Minnesota Statutes, section 244.09, the 
 64.28  proposed modifications to the sentencing guidelines regarding 
 64.29  the adjustment of increases in durations across criminal history 
 64.30  at severity levels I through VI contained on page 11 of the 
 64.31  January 1996, Minnesota sentencing guidelines commission's 
 64.32  report to the legislature, shall not take effect until August 1, 
 64.33  1997. 
 64.34     Sec. 40.  [REPEALER.] 
 64.35     Minnesota Statutes 1994, section 609.495, subdivision 2, is 
 64.36  repealed. 
 65.1      Sec. 41.  [EFFECTIVE DATE.] 
 65.2      Sections 1, 10 to 23, 25 to 32, and 34 to 38 are effective 
 65.3   August 1, 1996, and apply to offenses committed on or after that 
 65.4   date. 
 65.5      Sections 2 to 9 are effective August 1, 1996, and apply to 
 65.6   demands for proof of insurance made on or after that date. 
 65.7      Section 24 is effective March 1, 1997, and applies to 
 65.8   offenses committed on or after that date. 
 65.9      Section 33 is effective August 1, 1996. 
 65.10                             ARTICLE 4 
 65.11                              FIREARMS
 65.12     Section 1.  Minnesota Statutes 1995 Supplement, section 
 65.13  518B.01, subdivision 14, is amended to read: 
 65.14     Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
 65.15  Whenever an order for protection is granted pursuant to this 
 65.16  section, and the respondent or person to be restrained knows of 
 65.17  the order, violation of the order for protection is a 
 65.18  misdemeanor.  Upon conviction, the defendant must be sentenced 
 65.19  to a minimum of three days imprisonment and must be ordered to 
 65.20  participate in counseling or other appropriate programs selected 
 65.21  by the court.  If the court stays imposition or execution of the 
 65.22  jail sentence and the defendant refuses or fails to comply with 
 65.23  the court's treatment order, the court must impose and execute 
 65.24  the stayed jail sentence.  A person is guilty of a gross 
 65.25  misdemeanor who violates this paragraph during the time period 
 65.26  between a previous conviction under this paragraph; sections 
 65.27  609.221 to 609.224; 609.2242; 609.713, subdivision 1 or 3; 
 65.28  609.748, subdivision 6; 609.749; or a similar law of another 
 65.29  state and the end of the five years following discharge from 
 65.30  sentence for that conviction.  Upon conviction, the defendant 
 65.31  must be sentenced to a minimum of ten days imprisonment and must 
 65.32  be ordered to participate in counseling or other appropriate 
 65.33  programs selected by the court.  Notwithstanding section 
 65.34  609.135, the court must impose and execute the minimum sentence 
 65.35  provided in this paragraph for gross misdemeanor convictions. 
 65.36     (b) A peace officer shall arrest without a warrant and take 
 66.1   into custody a person whom the peace officer has probable cause 
 66.2   to believe has violated an order granted pursuant to this 
 66.3   section restraining the person or excluding the person from the 
 66.4   residence or the petitioner's place of employment, even if the 
 66.5   violation of the order did not take place in the presence of the 
 66.6   peace officer, if the existence of the order can be verified by 
 66.7   the officer.  The person shall be held in custody for at least 
 66.8   36 hours, excluding the day of arrest, Sundays, and holidays, 
 66.9   unless the person is released earlier by a judge or judicial 
 66.10  officer.  A peace officer acting in good faith and exercising 
 66.11  due care in making an arrest pursuant to this paragraph is 
 66.12  immune from civil liability that might result from the officer's 
 66.13  actions. 
 66.14     (c) A violation of an order for protection shall also 
 66.15  constitute contempt of court and be subject to the penalties 
 66.16  therefor.  
 66.17     (d) If the court finds that the respondent has violated an 
 66.18  order for protection and that there is reason to believe that 
 66.19  the respondent will commit a further violation of the provisions 
 66.20  of the order restraining the respondent from committing acts of 
 66.21  domestic abuse or excluding the respondent from the petitioner's 
 66.22  residence, the court may require the respondent to acknowledge 
 66.23  an obligation to comply with the order on the record.  The court 
 66.24  may require a bond sufficient to deter the respondent from 
 66.25  committing further violations of the order for protection, 
 66.26  considering the financial resources of the respondent, and not 
 66.27  to exceed $10,000.  If the respondent refuses to comply with an 
 66.28  order to acknowledge the obligation or post a bond under this 
 66.29  paragraph, the court shall commit the respondent to the county 
 66.30  jail during the term of the order for protection or until the 
 66.31  respondent complies with the order under this paragraph.  The 
 66.32  warrant must state the cause of commitment, with the sum and 
 66.33  time for which any bond is required.  If an order is issued 
 66.34  under this paragraph, the court may order the costs of the 
 66.35  contempt action, or any part of them, to be paid by the 
 66.36  respondent.  An order under this paragraph is appealable.  
 67.1      (e) Upon the filing of an affidavit by the petitioner, any 
 67.2   peace officer, or an interested party designated by the court, 
 67.3   alleging that the respondent has violated any order for 
 67.4   protection granted pursuant to this section, the court may issue 
 67.5   an order to the respondent, requiring the respondent to appear 
 67.6   and show cause within 14 days why the respondent should not be 
 67.7   found in contempt of court and punished therefor.  The hearing 
 67.8   may be held by the court in any county in which the petitioner 
 67.9   or respondent temporarily or permanently resides at the time of 
 67.10  the alleged violation.  The court also shall refer the violation 
 67.11  of the order for protection to the appropriate prosecuting 
 67.12  authority for possible prosecution under paragraph (a). 
 67.13     (f) If it is alleged that the respondent has violated an 
 67.14  order for protection issued under subdivision 6 and the court 
 67.15  finds that the order has expired between the time of the alleged 
 67.16  violation and the court's hearing on the violation, the court 
 67.17  may grant a new order for protection under subdivision 6 based 
 67.18  solely on the respondent's alleged violation of the prior order, 
 67.19  to be effective until the hearing on the alleged violation of 
 67.20  the prior order.  If the court finds that the respondent has 
 67.21  violated the prior order, the relief granted in the new order 
 67.22  for protection shall be extended for a fixed period, not to 
 67.23  exceed one year, except when the court determines a longer fixed 
 67.24  period is appropriate. 
 67.25     (g) The admittance into petitioner's dwelling of an abusing 
 67.26  party excluded from the dwelling under an order for protection 
 67.27  is not a violation by the petitioner of the order for protection.
 67.28     A peace officer is not liable under section 609.43, clause 
 67.29  (1), for a failure to perform a duty required by paragraph (b). 
 67.30     (h) When a person is convicted of violating an order for 
 67.31  protection under this section and the court determines that the 
 67.32  person used a firearm in any way during commission of the 
 67.33  violation, the court may order that the person is prohibited 
 67.34  from possessing any type of firearm for any period longer than 
 67.35  three years or for the remainder of the person's life.  A person 
 67.36  who violates this paragraph is guilty of a gross misdemeanor.  
 68.1   At the time of the conviction, the court shall inform the 
 68.2   defendant whether and for how long the defendant is prohibited 
 68.3   from possessing a firearm and that it is a gross misdemeanor to 
 68.4   violate this paragraph.  The failure of the court to provide 
 68.5   this information to a defendant does not affect the 
 68.6   applicability of the firearm possession prohibition or the gross 
 68.7   misdemeanor penalty to that defendant. 
 68.8      (i) Except as otherwise provided in paragraph (h), when a 
 68.9   person is convicted of violating an order for protection under 
 68.10  this section, the court shall inform the defendant that the 
 68.11  defendant is prohibited from possessing a pistol for three years 
 68.12  from the date of conviction and that it is a gross misdemeanor 
 68.13  offense to violate this prohibition.  The failure of the court 
 68.14  to provide this information to a defendant does not affect the 
 68.15  applicability of the pistol possession prohibition or the gross 
 68.16  misdemeanor penalty to that defendant. 
 68.17     (j) Except as otherwise provided in paragraph (h), a person 
 68.18  is not entitled to possess a pistol if the person has been 
 68.19  convicted after August 1, 1996, of violating an order for 
 68.20  protection under this section, unless three years have elapsed 
 68.21  from the date of conviction and, during that time, the person 
 68.22  has not been convicted of any other violation of this section.  
 68.23  Property rights may not be abated but access may be restricted 
 68.24  by the courts.  A person who possesses a pistol in violation of 
 68.25  this paragraph is guilty of a gross misdemeanor. 
 68.26     (k) If the court determines that a person convicted of 
 68.27  violating an order for protection under this section owns or 
 68.28  possesses a firearm and used it in any way during the commission 
 68.29  of the violation, it shall order that the firearm be summarily 
 68.30  forfeited under section 609.5316, subdivision 3. 
 68.31     Sec. 2.  Minnesota Statutes 1994, section 609.035, 
 68.32  subdivision 1, is amended to read: 
 68.33     Subdivision 1.  Except as provided in subdivision 2, 
 68.34  subdivision 3, and in sections 609.251, 609.585, 609.21, 
 68.35  subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 
 68.36  if a person's conduct constitutes more than one offense under 
 69.1   the laws of this state, the person may be punished for only one 
 69.2   of the offenses and a conviction or acquittal of any one of them 
 69.3   is a bar to prosecution for any other of them.  All the 
 69.4   offenses, if prosecuted, shall be included in one prosecution 
 69.5   which shall be stated in separate counts. 
 69.6      Sec. 3.  Minnesota Statutes 1994, section 609.035, is 
 69.7   amended by adding a subdivision to read: 
 69.8      Subd. 3.  [EXCEPTION; FIREARMS OFFENSES.] Notwithstanding 
 69.9   section 609.04, a prosecution for or conviction of a violation 
 69.10  of section 609.165 or 624.713, subdivision 1, clause (b), is not 
 69.11  a bar to conviction of or punishment for any other crime 
 69.12  committed by the defendant as part of the same conduct.  
 69.13     Sec. 4.  Minnesota Statutes 1994, section 609.11, 
 69.14  subdivision 5, is amended to read: 
 69.15     Subd. 5.  [FIREARM.] (a) Except as otherwise provided in 
 69.16  paragraph (b), any defendant convicted of an offense listed in 
 69.17  subdivision 9 in which the defendant or an accomplice, at the 
 69.18  time of the offense, had in possession or used, whether by 
 69.19  brandishing, displaying, threatening with, or otherwise 
 69.20  employing, a firearm, shall be committed to the commissioner of 
 69.21  corrections for not less than three years, nor more than the 
 69.22  maximum sentence provided by law.  Any defendant convicted of a 
 69.23  second or subsequent offense in which the defendant or an 
 69.24  accomplice, at the time of the offense, had in possession or 
 69.25  used a firearm shall be committed to the commissioner of 
 69.26  corrections for not less than five years, nor more than the 
 69.27  maximum sentence provided by law.  
 69.28     (b) Any defendant convicted of violating section 609.165 or 
 69.29  624.713, subdivision 1, clause (b), shall be committed to the 
 69.30  commissioner of corrections for not less than 18 months, nor 
 69.31  more than the maximum sentence provided by law.  Any defendant 
 69.32  convicted of a second or subsequent violation of either of these 
 69.33  sections shall be committed to the commissioner of corrections 
 69.34  for not less than five years, nor more than the maximum sentence 
 69.35  provided by law. 
 69.36     Sec. 5.  Minnesota Statutes 1994, section 609.11, 
 70.1   subdivision 9, is amended to read: 
 70.2      Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
 70.3   mandatory minimum sentences shall be served as provided in this 
 70.4   section are:  murder in the first, second, or third degree; 
 70.5   assault in the first, second, or third degree; burglary; 
 70.6   kidnapping; false imprisonment; manslaughter in the first or 
 70.7   second degree; aggravated robbery; simple robbery; criminal 
 70.8   sexual conduct under the circumstances described in sections 
 70.9   609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
 70.10  1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) 
 70.11  to (e) and (h) to (j); escape from custody; arson in the first, 
 70.12  second, or third degree; drive-by shooting under section 609.66, 
 70.13  subdivision 1e; possession or other unlawful use of a firearm in 
 70.14  violation of section 609.165, subdivision 1b or 624.713, 
 70.15  subdivision 1, clause (b), a felony violation of chapter 152; or 
 70.16  any attempt to commit any of these offenses.  
 70.17     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
 70.18  609.152, subdivision 1, is amended to read: 
 70.19     Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
 70.20  the following terms have the meanings given.  
 70.21     (b) "Conviction" means any of the following accepted and 
 70.22  recorded by the court:  a plea of guilty, a verdict of guilty by 
 70.23  a jury, or a finding of guilty by the court.  The term includes 
 70.24  a conviction by any court in Minnesota or another jurisdiction.  
 70.25     (c) "Prior conviction" means a conviction that occurred 
 70.26  before the offender committed the next felony resulting in a 
 70.27  conviction and before the offense for which the offender is 
 70.28  being sentenced under this section. 
 70.29     (d) "Violent crime" means a violation of or an attempt or 
 70.30  conspiracy to violate any of the following laws of this state or 
 70.31  any similar laws of the United States or any other state:  
 70.32  section 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 
 70.33  609.21; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 
 70.34  609.245; 609.25; 609.255; 609.2661; 609.2662; 609.2663; 
 70.35  609.2664; 609.2665; 609.267; 609.2671; 609.268; 609.342; 
 70.36  609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 
 71.1   609.562; 609.582, subdivision 1; 609.66, subdivision 1e; 
 71.2   609.687; 609.855, subdivision 5; any provision of sections 
 71.3   609.229; 609.377; 609.378; and 609.749; and 624.713 that is 
 71.4   punishable by a felony penalty; or any provision of chapter 152 
 71.5   that is punishable by a maximum sentence of 15 years or more. 
 71.6      Sec. 7.  Minnesota Statutes 1994, section 609.165, 
 71.7   subdivision 1b, is amended to read: 
 71.8      Subd. 1b.  [VIOLATION AND PENALTY.] (a) Any person who has 
 71.9   been convicted of a crime of violence, as defined in section 
 71.10  624.712, subdivision 5, and who ships, transports, possesses, or 
 71.11  receives a firearm in violation of subdivision 1a before ten 
 71.12  years have elapsed since the person was restored to civil 
 71.13  rights, commits a felony and may be sentenced to imprisonment 
 71.14  for not more than three 15 years or to payment of a fine of not 
 71.15  more than $6,000 $30,000, or both.  
 71.16     (b) Nothing in this section shall be construed to bar a 
 71.17  conviction and sentencing for a violation of section 624.713, 
 71.18  subdivision 1, clause (b) 2. 
 71.19     Sec. 8.  Minnesota Statutes 1995 Supplement, section 
 71.20  609.19, is amended to read: 
 71.21     609.19 [MURDER IN THE SECOND DEGREE.] 
 71.22     Subdivision 1.  [INTENTIONAL MURDER; DRIVE-BY SHOOTINGS.] 
 71.23  Whoever does any either of the following is guilty of murder in 
 71.24  the second degree and may be sentenced to imprisonment for not 
 71.25  more than 40 years:  
 71.26     (1) causes the death of a human being with intent to effect 
 71.27  the death of that person or another, but without 
 71.28  premeditation; or 
 71.29     (2) causes the death of a human being while committing or 
 71.30  attempting to commit a drive-by shooting in violation of section 
 71.31  609.66, subdivision 1e. 
 71.32     Subd. 2.  [UNINTENTIONAL MURDERS.] Whoever does either of 
 71.33  the following is guilty of unintentional murder in the second 
 71.34  degree and may be sentenced to imprisonment for not more than 40 
 71.35  years: 
 71.36     (1) causes the death of a human being, without intent to 
 72.1   effect the death of any person, while committing or attempting 
 72.2   to commit a felony offense other than criminal sexual conduct in 
 72.3   the first or second degree with force or violence or a drive-by 
 72.4   shooting; or 
 72.5      (3) (2) causes the death of a human being without intent to 
 72.6   effect the death of any person, while intentionally inflicting 
 72.7   or attempting to inflict bodily harm upon the victim, when the 
 72.8   perpetrator is restrained under an order for protection and the 
 72.9   victim is a person designated to receive protection under the 
 72.10  order.  As used in this clause, "order for protection" includes 
 72.11  an order for protection issued under chapter 518B; a harassment 
 72.12  restraining order issued under section 609.748; a court order 
 72.13  setting conditions of pretrial release or conditions of a 
 72.14  criminal sentence or juvenile court disposition; a restraining 
 72.15  order issued in a marriage dissolution action; and any order 
 72.16  issued by a court of another state or of the United States that 
 72.17  is similar to any of these orders. 
 72.18     Sec. 9.  Minnesota Statutes 1994, section 609.5316, 
 72.19  subdivision 3, is amended to read: 
 72.20     Subd. 3.  [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons 
 72.21  used are contraband and must be summarily forfeited to the 
 72.22  appropriate agency upon conviction of the weapon's owner or 
 72.23  possessor for a controlled substance crime or; for any offense 
 72.24  of this chapter or chapter 624, or for a violation of an order 
 72.25  for protection under section 518B.01, subdivision 14.  
 72.26  Bullet-resistant vests, as defined in section 609.486, worn or 
 72.27  possessed during the commission or attempted commission of a 
 72.28  crime are contraband and must be summarily forfeited to the 
 72.29  appropriate agency upon conviction of the owner or possessor for 
 72.30  a controlled substance crime or for any offense of this 
 72.31  chapter.  Notwithstanding this subdivision, weapons used and 
 72.32  bullet-resistant vests worn or possessed may be forfeited 
 72.33  without a conviction under sections 609.531 to 609.5315. 
 72.34     Sec. 10.  Minnesota Statutes 1994, section 609.66, 
 72.35  subdivision 1a, is amended to read: 
 72.36     Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
 73.1   DISCHARGE.] (a) Whoever does any of the following is guilty of a 
 73.2   felony and may be sentenced as provided in paragraph (b): 
 73.3      (1) sells or has in possession any device designed to 
 73.4   silence or muffle the discharge of a firearm; 
 73.5      (2) intentionally discharges a firearm under circumstances 
 73.6   that endanger the safety of another; or 
 73.7      (3) recklessly discharges a firearm within a municipality. 
 73.8      (b) A person convicted under paragraph (a) may be sentenced 
 73.9   as follows: 
 73.10     (1) if the act was a violation of paragraph (a), clause 
 73.11  (2), or if the act was a violation of paragraph (a), clause (1) 
 73.12  or (3) and was committed in a public housing zone, as defined in 
 73.13  section 152.01, subdivision 19, a school zone, as defined in 
 73.14  section 152.01, subdivision 14a, or a park zone, as defined in 
 73.15  section 152.01, subdivision 12a, to imprisonment for not more 
 73.16  than five years or to payment of a fine of not more than 
 73.17  $10,000, or both; or 
 73.18     (2) otherwise, to imprisonment for not more than two years 
 73.19  or to payment of a fine of not more than $5,000, or both. 
 73.20     Sec. 11.  Minnesota Statutes 1994, section 609.666, 
 73.21  subdivision 1, is amended to read: 
 73.22     Subdivision 1.  [DEFINITIONS.] For purposes of this 
 73.23  section, the following words have the meanings given. 
 73.24     (a) "Firearm" means a device designed to be used as a 
 73.25  weapon, from which is expelled a projectile by the force of any 
 73.26  explosion or force of combustion. 
 73.27     (b) "Child" means a person under the age of 14 18 years. 
 73.28     (c) "Loaded" means the firearm has ammunition in the 
 73.29  chamber or magazine, if the magazine is in the firearm, unless 
 73.30  the firearm is incapable of being fired by a child who is likely 
 73.31  to gain access to the firearm. 
 73.32     Sec. 12.  Minnesota Statutes 1994, section 609.749, is 
 73.33  amended by adding a subdivision to read: 
 73.34     Subd. 8.  [STALKING; FIREARMS.] (a) When a person is 
 73.35  convicted of a harassment or stalking crime under this section 
 73.36  and the court determines that the person used a firearm in any 
 74.1   way during commission of the crime, the court may order that the 
 74.2   person is prohibited from possessing any type of firearm for any 
 74.3   period longer than three years or for the remainder of the 
 74.4   person's life.  A person who violates this paragraph is guilty 
 74.5   of a gross misdemeanor.  At the time of the conviction, the 
 74.6   court shall inform the defendant whether and for how long the 
 74.7   defendant is prohibited from possessing a firearm and that it is 
 74.8   a gross misdemeanor to violate this paragraph.  The failure of 
 74.9   the court to provide this information to a defendant does not 
 74.10  affect the applicability of the firearm possession prohibition 
 74.11  or the gross misdemeanor penalty to that defendant. 
 74.12     (b) Except as otherwise provided in paragraph (a), when a 
 74.13  person is convicted of a stalking or harassment crime under this 
 74.14  section, the court shall inform the defendant that the defendant 
 74.15  is prohibited from possessing a pistol for three years from the 
 74.16  date of conviction and that it is a gross misdemeanor offense to 
 74.17  violate this prohibition.  The failure of the court to provide 
 74.18  this information to a defendant does not affect the 
 74.19  applicability of the pistol possession prohibition or the gross 
 74.20  misdemeanor penalty to that defendant. 
 74.21     (c) Except as otherwise provided in paragraph (a), a person 
 74.22  is not entitled to possess a pistol if the person has been 
 74.23  convicted after August 1, 1996, of a stalking or harassment 
 74.24  crime under this section, unless three years have elapsed from 
 74.25  the date of conviction and, during that time, the person has not 
 74.26  been convicted of any other violation of this section.  Property 
 74.27  rights may not be abated but access may be restricted by the 
 74.28  courts.  A person who possesses a pistol in violation of this 
 74.29  paragraph is guilty of a gross misdemeanor. 
 74.30     (d) If the court determines that a person convicted of a 
 74.31  stalking or harassment crime under this section owns or 
 74.32  possesses a firearm and used it in any way during the commission 
 74.33  of the crime, it shall order that the firearm be summarily 
 74.34  forfeited under section 609.5316, subdivision 3. 
 74.35     Sec. 13.  Minnesota Statutes 1994, section 609.855, 
 74.36  subdivision 5, is amended to read: 
 75.1      Subd. 5.  [SHOOTING AT OR IN PUBLIC TRANSIT VEHICLE OR 
 75.2   FACILITY.] Whoever recklessly discharges a firearm at or in any 
 75.3   portion of a public transit vehicle or facility is guilty of a 
 75.4   felony and may be sentenced to imprisonment for not more than 
 75.5   three years or to payment of a fine of not more than $6,000, or 
 75.6   both.  If the transit vehicle or facility is occupied by any 
 75.7   person other than the offender, the person may be sentenced to 
 75.8   imprisonment for not more than five years or to payment of a 
 75.9   fine of not more than $10,000, or both. 
 75.10     Sec. 14.  Minnesota Statutes 1995 Supplement, section 
 75.11  624.712, subdivision 5, is amended to read: 
 75.12     Subd. 5.  [CRIME OF VIOLENCE.] "Crime of violence" includes 
 75.13  murder in the first, second, and third degrees, manslaughter in 
 75.14  the first and second degrees, aiding suicide, aiding attempted 
 75.15  suicide, felony violations of assault in the first, second, 
 75.16  third, and fourth degrees, assaults motivated by bias under 
 75.17  section 609.2231, subdivision 4, drive-by shootings, terroristic 
 75.18  threats, use of drugs to injure or to facilitate crime, crimes 
 75.19  committed for the benefit of a gang, commission of a crime while 
 75.20  wearing or possessing a bullet-resistant vest, simple robbery, 
 75.21  aggravated robbery, kidnapping, false imprisonment, criminal 
 75.22  sexual conduct in the first, second, third, and fourth degrees, 
 75.23  theft of a firearm, felony theft involving the intentional 
 75.24  taking or driving of a motor vehicle without the consent of the 
 75.25  owner or the authorized agent of the owner, felony theft 
 75.26  involving the taking of property from a burning, abandoned, or 
 75.27  vacant building, or from an area of destruction caused by civil 
 75.28  disaster, riot, bombing, or the proximity of battle, felony 
 75.29  theft involving the theft of a controlled substance, an 
 75.30  explosive, or an incendiary device, arson in the first and 
 75.31  second degrees, riot, burglary in the first, second, third, and 
 75.32  fourth degrees, harassment and stalking, shooting at a public 
 75.33  transit vehicle or facility, reckless use of a gun or dangerous 
 75.34  weapon, intentionally pointing a gun at or towards a human 
 75.35  being, setting a spring gun, and unlawfully owning, possessing, 
 75.36  operating a machine gun or short-barreled shotgun, and an 
 76.1   attempt to commit any of these offenses, as each of those 
 76.2   offenses is defined in chapter 609.  "Crime of violence" also 
 76.3   includes felony violations of the following:  malicious 
 76.4   punishment of a child; neglect or endangerment of a child; and 
 76.5   chapter 152. 
 76.6      Sec. 15.  Minnesota Statutes 1994, section 624.713, 
 76.7   subdivision 2, is amended to read: 
 76.8      Subd. 2.  [PENALTIES.] A person named in subdivision 1, 
 76.9   clause (a) or (b), who possesses a pistol or semiautomatic 
 76.10  military-style assault weapon is guilty of a felony and may be 
 76.11  sentenced to imprisonment for not more than five years or to 
 76.12  payment of a fine of not more than $10,000, or both.  A person 
 76.13  named in subdivision 1, clause (b), who possesses any type of 
 76.14  firearm is guilty of a felony and may be sentenced to 
 76.15  imprisonment for not more than 15 years or to payment of a fine 
 76.16  of not more than $30,000, or both.  A person named in any other 
 76.17  clause of subdivision 1 who possesses a pistol or semiautomatic 
 76.18  military-style assault weapon any type of firearm is guilty of a 
 76.19  gross misdemeanor.  
 76.20     Sec. 16.  [EFFECTIVE DATE.] 
 76.21     Sections 1 to 15 are effective August 1, 1996, and apply to 
 76.22  offenses committed on or after that date. 
 76.23                             ARTICLE 5 
 76.24                       COMMUNITY NOTIFICATION 
 76.25     Section 1.  [LEGISLATIVE FINDINGS AND PURPOSE.] 
 76.26     The legislature finds that if members of the public are 
 76.27  provided adequate notice and information about a sex offender 
 76.28  who has been or is about to be released from custody and who 
 76.29  lives or will live in or near their neighborhood, the community 
 76.30  can develop constructive plans to prepare themselves and their 
 76.31  children for the offender's release. 
 76.32     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
 76.33  243.166, subdivision 1, is amended to read: 
 76.34     Subdivision 1.  [REGISTRATION REQUIRED.] (a) A person shall 
 76.35  register under this section if:  
 76.36     (1) the person was charged with or petitioned for a felony 
 77.1   violation of or attempt to violate any of the following, and 
 77.2   convicted of or adjudicated delinquent for that offense or of 
 77.3   another offense arising out of the same set of circumstances: 
 77.4      (i) murder under section 609.185, clause (2); 
 77.5      (ii) kidnapping under section 609.25, involving a minor 
 77.6   victim; or 
 77.7      (iii) criminal sexual conduct under section 609.342; 
 77.8   609.343; 609.344; or 609.345; or 
 77.9      (2) the person was charged with or petitioned for using a 
 77.10  minor in a sexual performance in violation of section 617.246, 
 77.11  or possessing pictorial representations of minors in violation 
 77.12  of section 617.247, and convicted of or adjudicated delinquent 
 77.13  for that offense or another offense arising out of the same set 
 77.14  of circumstances; or 
 77.15     (3) the person was convicted of a predatory crime as 
 77.16  defined in section 609.1352, and the offender was sentenced as a 
 77.17  patterned sex offender or the court found on its own motion or 
 77.18  that of the prosecutor that the crime was part of a predatory 
 77.19  pattern of behavior that had criminal sexual conduct as its 
 77.20  goal; or 
 77.21     (3) (4) the person was convicted of or adjudicated 
 77.22  delinquent for violating a law of the United States similar to 
 77.23  the offenses described in clause (1) or, (2), or (3). 
 77.24     (b) A person also shall register under this section if: 
 77.25     (1) the person was convicted of or adjudicated delinquent 
 77.26  in another state for an offense that would be a violation of a 
 77.27  law described in paragraph (a) if committed in this state; 
 77.28     (2) the person enters and remains in this state for 30 days 
 77.29  or longer; and 
 77.30     (3) ten years have not elapsed since the person was 
 77.31  released from confinement or, if the person was not confined, 
 77.32  since the person was convicted of or adjudicated delinquent for 
 77.33  the offense that triggers registration.  
 77.34     (c) A person also shall register under this section if the 
 77.35  person was committed pursuant to a court commitment order under 
 77.36  section 253B.185 or Minnesota Statutes 1992, section 526.10, 
 78.1   regardless of whether the person was convicted of any offense. 
 78.2      Sec. 3.  Minnesota Statutes 1995 Supplement, section 
 78.3   243.166, subdivision 7, is amended to read: 
 78.4      Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
 78.5   provided in section 244.052, the information provided under this 
 78.6   section is private data on individuals under section 13.01, 
 78.7   subdivision 12.  The information may be used only for law 
 78.8   enforcement purposes.  
 78.9      Sec. 4.  [244.052] [SEX OFFENDERS; NOTICE.] 
 78.10     Subdivision 1.  [DEFINITIONS.] As used in this section:  
 78.11     (1) "accepted for supervision" means accepted from another 
 78.12  state under a reciprocal agreement under the interstate compact 
 78.13  authorized by section 243.16; 
 78.14     (2) "confinement" means confinement in a state correctional 
 78.15  facility or a state treatment facility; 
 78.16     (3) "law enforcement agency" means the law enforcement 
 78.17  agency having primary jurisdiction over the location where the 
 78.18  offender expects to reside upon release; and 
 78.19     (4) "sex offender" and "offender" mean a person who has 
 78.20  been convicted of an offense for which registration under 
 78.21  section 243.166 is required or a person who has been committed 
 78.22  pursuant to a court commitment order under section 253B.185 or 
 78.23  Minnesota Statutes 1992, section 526.10, regardless of whether 
 78.24  the person was convicted of any offense. 
 78.25     Subd. 2.  [RISK ASSESSMENT SCALE.] By January 1, 1997, the 
 78.26  commissioner of corrections shall develop a risk assessment 
 78.27  scale which assigns weights to the various risk factors listed 
 78.28  in subdivision 3, paragraph (g), and specifies the risk level to 
 78.29  which offenders with various risk assessment scores shall be 
 78.30  assigned.  In developing this scale, the commissioner shall 
 78.31  consult with county attorneys, treatment professionals, law 
 78.32  enforcement officials, and probation officers. 
 78.33     Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
 78.34  commissioner of corrections shall establish and administer 
 78.35  end-of-confinement review committees at each state correctional 
 78.36  facility and at each state treatment facility where sex 
 79.1   offenders are confined.  The committees shall assess on a 
 79.2   case-by-case basis: 
 79.3      (1) the public risk posed by sex offenders who are about to 
 79.4   be released from confinement; and 
 79.5      (2) the public risk posed by sex offenders who are accepted 
 79.6   from another state under a reciprocal agreement under the 
 79.7   interstate compact authorized by section 243.16.  
 79.8      (b) Each committee shall be a standing committee and shall 
 79.9   consist of the following members appointed by the commissioner: 
 79.10     (1) the chief executive officer or head of the correctional 
 79.11  or treatment facility where the offender is currently confined, 
 79.12  or that person's designee; 
 79.13     (2) a law enforcement officer; 
 79.14     (3) a treatment professional who is trained in the 
 79.15  assessment of sex offenders; 
 79.16     (4) a caseworker experienced in supervising sex offenders; 
 79.17  and 
 79.18     (5) an employee of the department of corrections from the 
 79.19  victim's services unit. 
 79.20     Members of the committee, other than the facility's chief 
 79.21  executive officer or head, shall be appointed by the 
 79.22  commissioner to two-year terms.  The chief executive officer or 
 79.23  head of the facility or designee shall act as chair of the 
 79.24  committee and shall use the facility's staff, as needed, to 
 79.25  administer the committee, obtain necessary information from 
 79.26  outside sources, and prepare risk assessment reports on 
 79.27  offenders. 
 79.28     (c) The committee shall have access to the following data 
 79.29  on a sex offender only for the purposes of its assessment under 
 79.30  this section: 
 79.31     (1) private medical data under section 13.42 or 144.335, or 
 79.32  welfare data under section 13.46 that relate to medical 
 79.33  treatment of the offender; 
 79.34     (2) private and confidential court services data under 
 79.35  section 13.84; 
 79.36     (3) private and confidential corrections data under section 
 80.1   13.85; and 
 80.2      (4) private criminal history data under section 13.87. 
 80.3      Data collected and maintained by the committee under this 
 80.4   paragraph may not be disclosed outside the committee, except as 
 80.5   provided under section 13.05, subdivision 3 or 4.  The sex 
 80.6   offender has access to data on the offender collected and 
 80.7   maintained by the committee, unless the data are confidential 
 80.8   data received under this paragraph. 
 80.9      (d) At least 90 days before a sex offender is to be 
 80.10  released from confinement or accepted for supervision, the 
 80.11  commissioner of corrections shall convene the appropriate 
 80.12  end-of-confinement review committee for the purpose of assessing 
 80.13  the risk presented by the offender and determining the risk 
 80.14  level to which the offender shall be assigned under paragraph 
 80.15  (e).  The offender shall be notified of the time and place of 
 80.16  the committee's meeting and has a right to be present and be 
 80.17  heard at the meeting.  The committee shall use the risk factors 
 80.18  described in paragraph (g) and the risk assessment scale 
 80.19  developed under subdivision 2 to determine the offender's risk 
 80.20  assessment score and risk level.  Offenders scheduled for 
 80.21  release from confinement shall be assessed by the committee 
 80.22  established at the facility from which the offender is to be 
 80.23  released.  Offenders accepted for supervision shall be assessed 
 80.24  by whichever committee the commissioner directs. 
 80.25     (e) The committee shall assign to risk level I a sex 
 80.26  offender whose risk assessment score indicates a low risk of 
 80.27  reoffense.  The committee shall assign to risk level II an 
 80.28  offender whose risk assessment score indicates a moderate risk 
 80.29  of reoffense.  The committee shall assign to risk level III an 
 80.30  offender whose risk assessment score indicates a high risk of 
 80.31  reoffense. 
 80.32     (f) Before the sex offender is released from confinement or 
 80.33  accepted for supervision, the committee shall prepare a risk 
 80.34  assessment report which specifies the risk level to which the 
 80.35  offender has been assigned and the reasons underlying the 
 80.36  committee's risk assessment decision.  The committee shall give 
 81.1   the report to the offender and to the law enforcement agency at 
 81.2   least 60 days before an offender is released from confinement or 
 81.3   accepted for supervision.  The committee also shall inform the 
 81.4   offender of the availability of review under subdivision 6. 
 81.5      (g) As used in this subdivision, "risk factors" includes, 
 81.6   but is not limited to, the following factors: 
 81.7      (1) the seriousness of the offense should the offender 
 81.8   reoffend.  This factor includes consideration of the following:  
 81.9   (i) the degree of likely force or harm; (ii) the degree of 
 81.10  likely physical contact; and (iii) the age of the likely victim; 
 81.11     (2) the offender's prior offense history.  This factor 
 81.12  includes consideration of the following:  (i) the relationship 
 81.13  of prior victims to the offender; (ii) the number of prior 
 81.14  offenses or victims; (iii) the duration of the offender's prior 
 81.15  offense history; (iv) the length of time since the offender's 
 81.16  last prior offense, while the offender was at risk to commit 
 81.17  offenses; and (v) the offender's prior history of other 
 81.18  antisocial acts; 
 81.19     (3) the offender's characteristics.  This factor includes 
 81.20  consideration of the following:  (i) the offender's response to 
 81.21  prior treatment efforts; and (ii) the offender's history of 
 81.22  substance abuse; 
 81.23     (4) the availability of community supports to the offender. 
 81.24  This factor includes consideration of the following:  (i) the 
 81.25  availability and likelihood that the offender will be involved 
 81.26  in therapeutic treatment; (ii) the availability of residential 
 81.27  supports to the offender, such as a stable and supervised living 
 81.28  arrangement in an appropriate location; (iii) the offender's 
 81.29  familial and social relationships, including the nature and 
 81.30  length of these relationships and the level of support that the 
 81.31  offender may receive from these persons; and (iv) the offender's 
 81.32  lack of education or employment stability; 
 81.33     (5) whether the offender has indicated or credible evidence 
 81.34  in the record indicates that the offender will reoffend if 
 81.35  released into the community; and 
 81.36     (6) whether the offender demonstrates a physical condition 
 82.1   that minimizes the risk of reoffense, including but not limited 
 82.2   to, advanced age or a debilitating illness or physical condition.
 82.3      (h) Upon the request of the law enforcement agency or the 
 82.4   offender's corrections agent, the commissioner may reconvene the 
 82.5   end-of-confinement review committee for the purpose of 
 82.6   reassessing the risk level to which an offender has been 
 82.7   assigned under paragraph (e).  In a request for a reassessment, 
 82.8   the law enforcement agency or agent shall list the facts and 
 82.9   circumstances arising after the initial assignment under 
 82.10  paragraph (e) which support the request for a reassessment.  
 82.11  Upon review of the request, the end-of-confinement review 
 82.12  committee may reassign an offender to a different risk level.  
 82.13  If the offender is reassigned to a higher risk level, the 
 82.14  offender has the right to seek review of the committee's 
 82.15  determination under subdivision 6. 
 82.16     (i) An offender may request the end-of-confinement review 
 82.17  committee to reassess the offender's assigned risk level after 
 82.18  two years have elapsed since the committee's initial risk 
 82.19  assessment and may renew the request once every two years 
 82.20  following subsequent denials.  In a request for reassessment, 
 82.21  the offender shall list the facts and circumstances which 
 82.22  demonstrate that the offender no longer poses the same degree of 
 82.23  risk to the community.  The committee shall follow the process 
 82.24  outlined in paragraphs (a) to (e), and (g) in the reassessment.  
 82.25     Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
 82.26  INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
 82.27  area where the sex offender resides, expects to reside, is 
 82.28  employed, or is regularly found, is authorized to disclose 
 82.29  information to the public regarding the offender if the agency 
 82.30  determines that disclosure of the information is relevant and 
 82.31  necessary to protect the public and to counteract the offender's 
 82.32  dangerousness.  The extent of the information disclosed and the 
 82.33  community to whom disclosure is made must relate to the level of 
 82.34  danger posed by the offender, to the offender's pattern of 
 82.35  offending behavior, and to the need of community members for 
 82.36  information to enhance their individual and collective safety. 
 83.1      (b) The law enforcement agency shall consider the following 
 83.2   guidelines in determining the scope of disclosure made under 
 83.3   this subdivision: 
 83.4      (1) if the offender is assigned to risk level I, the agency 
 83.5   may maintain information regarding the offender within the 
 83.6   agency and may disclose it to other law enforcement agencies.  
 83.7   Additionally, the agency may disclose the information to any 
 83.8   victims of or witnesses to the offense committed by the offender.
 83.9   The agency shall disclose the information to victims of the 
 83.10  offense committed by the offender who have requested disclosure; 
 83.11     (2) if the offender is assigned to risk level II, the 
 83.12  agency also may disclose the information to the following 
 83.13  agencies and groups that the offender is likely to encounter:  
 83.14  public and private educational institutions; day care 
 83.15  establishments; and establishments and organizations that 
 83.16  primarily serve individuals likely to be victimized by the 
 83.17  offender; 
 83.18     (3) if the offender is assigned to risk level III, the 
 83.19  agency also may disclose the information to other members of the 
 83.20  community whom the offender is likely to encounter. 
 83.21     Notwithstanding the assignment of a sex offender to risk 
 83.22  level II or III, a law enforcement agency may not make the 
 83.23  disclosures permitted by clause (2) or (3), if:  the offender is 
 83.24  placed or resides in a residential facility that is licensed as 
 83.25  a residential program, as defined in section 245A.02, 
 83.26  subdivision 14, by the commissioner of human services under 
 83.27  chapter 254A, or the commissioner of corrections under section 
 83.28  241.021; and the facility and its staff are trained in the 
 83.29  supervision of sex offenders.  However, if an offender is placed 
 83.30  or resides in a licensed facility, the head of the facility 
 83.31  shall notify the law enforcement agency before the end of the 
 83.32  offender's placement or residence in the facility.  Upon 
 83.33  receiving this notification, the law enforcement agency may make 
 83.34  the disclosures permitted by clause (2) or (3), as appropriate. 
 83.35     (c) As used in paragraph (b), clauses (2) and (3), "likely 
 83.36  to encounter" means that:  (1) the organizations or community 
 84.1   members are in a location or in close proximity to a location 
 84.2   where the offender lives or is employed, or which the offender 
 84.3   visits or is likely to visit on a regular basis, other than the 
 84.4   location of the offender's outpatient treatment program; and (2) 
 84.5   the types of interaction which ordinarily occur at that location 
 84.6   and other circumstances indicate that contact with the offender 
 84.7   is reasonably certain. 
 84.8      (d) A law enforcement agency or official who decides to 
 84.9   disclose information under this subdivision shall make a good 
 84.10  faith effort to make the notification at least 14 days before an 
 84.11  offender is released from confinement or accepted for 
 84.12  supervision.  If a change occurs in the release plan, this 
 84.13  notification provision does not require an extension of the 
 84.14  release date.  
 84.15     (e) A law enforcement agency or official that decides to 
 84.16  disclose information under this subdivision shall make a good 
 84.17  faith effort to conceal the identity of the victim or victims of 
 84.18  the offender's offense. 
 84.19     (f) A law enforcement agency may continue to disclose 
 84.20  information on an offender under this subdivision for as long as 
 84.21  the offender is required to register under section 243.166. 
 84.22     Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
 84.23  ENFORCEMENT.] At least 60 days before a sex offender is released 
 84.24  from confinement or accepted for supervision, the department of 
 84.25  corrections or the department of human services, in the case of 
 84.26  a person who was committed under section 253B.185 or Minnesota 
 84.27  Statutes 1992, section 526.10, shall provide the appropriate law 
 84.28  enforcement agency all relevant information that the departments 
 84.29  have concerning the offender, including information on risk 
 84.30  factors in the offender's history. 
 84.31     Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
 84.32  or reassigned to risk level II or III under subdivision 3, 
 84.33  paragraph (e) or (h), has the right to seek administrative 
 84.34  review of an end-of-confinement review committee's risk 
 84.35  assessment determination.  The offender must exercise this right 
 84.36  within 14 days of receiving notice of the committee's decision 
 85.1   by notifying the chair of the committee.  Upon receiving the 
 85.2   request for administrative review, the chair shall notify the 
 85.3   offender, the victim or victims of the offender's offense or 
 85.4   their designee, the law enforcement agency, and any other 
 85.5   individuals the chair may select, of the time and place of the 
 85.6   hearing.  A request for a review hearing shall not interfere 
 85.7   with or delay the notification process under subdivision 4 or 5. 
 85.8      (b) An offender who requests a review hearing must be given 
 85.9   a reasonable opportunity to prepare for the hearing.  The review 
 85.10  hearing shall be conducted on the record before an 
 85.11  administrative law judge.  The offender has the burden of proof 
 85.12  to show, by a preponderance of the evidence, that the 
 85.13  end-of-confinement review committee's risk assessment 
 85.14  determination was erroneous.  The attorney general or a designee 
 85.15  shall defend the end-of-confinement review committee's 
 85.16  determination.  The offender has the right to be present and be 
 85.17  represented by counsel at the hearing, to present evidence in 
 85.18  support of the offender's position, to call supporting witnesses 
 85.19  and to cross-examine witnesses testifying in support of the 
 85.20  committee's determination.  Counsel for indigent offenders shall 
 85.21  be provided by the Legal Advocacy Project of the state public 
 85.22  defender's office.  
 85.23     (c) After the hearing is concluded, the administrative law 
 85.24  judge shall decide whether the end-of-confinement review 
 85.25  committee's risk assessment determination was erroneous and, 
 85.26  based on this decision, shall either uphold or modify the review 
 85.27  committee's determination.  The judge's decision shall be in 
 85.28  writing and shall include the judge's reasons for the decision.  
 85.29  The judge's decision shall be final and a copy of it shall be 
 85.30  given to the offender, the victim, the law enforcement agency, 
 85.31  and the chair of the end-of-confinement review committee. 
 85.32     (d) The review hearing is subject to the contested case 
 85.33  provisions of chapter 14. 
 85.34     Subd. 7.  [IMMUNITY FROM LIABILITY.] A state or local 
 85.35  agency or official, or a private organization or individual 
 85.36  authorized to act on behalf of a state or local agency or 
 86.1   official, is not civilly or criminally liable for disclosing or 
 86.2   failing to disclose information as permitted by this section.  
 86.3      Subd. 8.  [LIMITATION ON SCOPE.] Nothing in this section 
 86.4   imposes a duty upon a person licensed under chapter 82, or an 
 86.5   employee of the person, to disclose information regarding an 
 86.6   offender who is required to register under section 243.166, or 
 86.7   about whom notification is made under this section. 
 86.8      Sec. 5.  [244.053] [NOTICE OF RELEASE OF CERTAIN 
 86.9   OFFENDERS.] 
 86.10     Subdivision 1.  [NOTICE OF IMPENDING RELEASE.] At least 60 
 86.11  days before the release of any inmate convicted of an offense 
 86.12  requiring registration under section 243.166, the commissioner 
 86.13  of corrections shall send written notice of the impending 
 86.14  release to the sheriff of the county and the police chief of the 
 86.15  city in which the inmate will reside or in which placement will 
 86.16  be made in a work release program.  The sheriff of the county 
 86.17  where the offender was convicted also shall be notified of the 
 86.18  inmate's impending release. 
 86.19     Subd. 2.  [ADDITIONAL NOTICE.] The same notice shall be 
 86.20  sent to the following persons concerning a specific inmate 
 86.21  convicted of an offense requiring registration under section 
 86.22  243.166: 
 86.23     (1) the victim of the crime for which the inmate was 
 86.24  convicted or a deceased victim's next of kin if the victim or 
 86.25  deceased victim's next of kin requests the notice in writing; 
 86.26     (2) any witnesses who testified against the inmate in any 
 86.27  court proceedings involving the offense, if the witness requests 
 86.28  the notice in writing; and 
 86.29     (3) any person specified in writing by the prosecuting 
 86.30  attorney. 
 86.31     The notice sent to victims under clause (1) must inform the 
 86.32  person that the person has the right to request and receive 
 86.33  information about the offender authorized for disclosure under 
 86.34  the community notification provisions of section 244.052. 
 86.35     If the victim or witness is under the age of 16, the notice 
 86.36  required by this section shall be sent to the parents or legal 
 87.1   guardian of the child.  The commissioner shall send the notices 
 87.2   required by this provision to the last address provided to the 
 87.3   commissioner by the requesting party.  The requesting party 
 87.4   shall furnish the commissioner with a current address.  
 87.5   Information regarding witnesses requesting the notice, 
 87.6   information regarding any other person specified in writing by 
 87.7   the prosecuting attorney to receive the notice, and the notice 
 87.8   are private data on individuals, as defined in section 13.02, 
 87.9   subdivision 12, and are not available to the inmate. 
 87.10     The notice to victims provided under this subdivision does 
 87.11  not limit the victim's right to request notice of release under 
 87.12  section 611A.06. 
 87.13     Subd. 3.  [NO EXTENSION OF RELEASE DATE.] The existence of 
 87.14  the notice requirements contained in this section shall in no 
 87.15  event require an extension of the release date. 
 87.16     Sec. 6.  Minnesota Statutes 1994, section 244.10, is 
 87.17  amended by adding a subdivision to read: 
 87.18     Subd. 2a.  [NOTICE OF INFORMATION REGARDING SEX 
 87.19  OFFENDERS.] (a) In any case in which a person is convicted of an 
 87.20  offense which requires registration under section 243.166, 
 87.21  subdivision 1, and the presumptive sentence under the sentencing 
 87.22  guidelines is commitment to the custody of the commissioner of 
 87.23  corrections, if the court grants a dispositional departure and 
 87.24  stays imposition or execution of sentence, the probation or 
 87.25  court services officer who is assigned to supervise the offender 
 87.26  shall provide in writing to the following the fact that the 
 87.27  offender is on probation and the terms and conditions of 
 87.28  probation: 
 87.29     (1) a victim of and any witnesses to the offense committed 
 87.30  by the offender, if the victim or the witness has requested 
 87.31  notice; and 
 87.32     (2) the chief law enforcement officer in the area where the 
 87.33  offender resides or intends to reside. 
 87.34     The law enforcement officer, in consultation with the 
 87.35  offender's probation officer, may provide all or part of this 
 87.36  information to any of the following agencies or groups the 
 88.1   offender is likely to encounter:  public and private educational 
 88.2   institutions, day care establishments, and establishments or 
 88.3   organizations that primarily serve individuals likely to be 
 88.4   victimized by the offender. 
 88.5      The probation officer is not required under this 
 88.6   subdivision to provide any notice while the offender is placed 
 88.7   or resides in a residential facility that is licensed under 
 88.8   section 245A.02, subdivision 14, or section 241.021, if the 
 88.9   facility staff is trained in the supervision of sex offenders. 
 88.10     (b) The notice authorized by paragraph (a) shall be limited 
 88.11  to data classified as public under section 13.84, subdivision 6, 
 88.12  unless the offender provides informed consent to authorize the 
 88.13  release of nonpublic data or unless a court order authorizes the 
 88.14  release of nonpublic data. 
 88.15     (c) Nothing in this subdivision shall be interpreted to 
 88.16  impose a duty on any person to use any information regarding an 
 88.17  offender about whom notification is made under this subdivision. 
 88.18     Sec. 7.  [COMMUNITY NOTIFICATION ABOUT SEX OFFENDERS; 
 88.19  POLICY AND INSTRUCTION.] 
 88.20     Subdivision 1.  [MODEL POLICY.] (a) By August 1, 1996, the 
 88.21  peace officer standards and training board shall develop a model 
 88.22  policy for law enforcement agencies to follow when they disclose 
 88.23  information on sex offenders to the public under Minnesota 
 88.24  Statutes, section 244.052, subdivision 3.  The model policy 
 88.25  shall be designed to further the objectives of providing 
 88.26  adequate notice to the community concerning sex offenders who 
 88.27  are or will be residing in the neighborhood and of helping 
 88.28  community members develop constructive plans to prepare 
 88.29  themselves and their children for residing near these sex 
 88.30  offenders.  In developing the policy, the board shall consult 
 88.31  with representatives of the bureau of criminal apprehension, the 
 88.32  Minnesota chiefs of police association, the Minnesota sheriffs 
 88.33  association, the Minnesota association of women police, the 
 88.34  Minnesota sex crimes investigators association, the Minnesota 
 88.35  police and peace officers association, the Minnesota institute 
 88.36  of community policing, the county attorneys association, the 
 89.1   Minnesota corrections association, the Minnesota association of 
 89.2   county probation officers, the commissioner of corrections, 
 89.3   local corrections agencies, the state public defender, sex 
 89.4   offender treatment professionals, victims groups, and interested 
 89.5   members of the public. 
 89.6      (b) The model policy shall, at a minimum, address the 
 89.7   following matters: 
 89.8      (1) recommended contents and form of community notification 
 89.9   documents, including recommended ways of protecting the privacy 
 89.10  of victims of the offender's crime; 
 89.11     (2) recommended scope of disclosure for offenders 
 89.12  classified at each risk level, including:  (i) specific factors, 
 89.13  if any, that would justify a law enforcement agency in engaging 
 89.14  in broader disclosure than that recommended in the policy; and 
 89.15  (ii) methods to ensure that the scope of disclosure is closely 
 89.16  tailored to the risk level posed by the offender; 
 89.17     (3) recommended method or methods of distributing community 
 89.18  notification documents; 
 89.19     (4) recommended methods of providing follow-up 
 89.20  notifications to community residents at specified intervals and 
 89.21  of disclosing information about offenders to law enforcement 
 89.22  agencies in other jurisdictions when necessary to protect the 
 89.23  public; 
 89.24     (5) recommended methods of educating community residents at 
 89.25  public meetings on how they can use the information in the 
 89.26  notification document in a reasonable manner to enhance their 
 89.27  individual and collective safety; 
 89.28     (6) procedures for ensuring that community members are 
 89.29  educated regarding the right of sex offenders not to be 
 89.30  subjected to harassment or criminal acts because of the 
 89.31  notification process; 
 89.32     (7) recommended ways of educating sex offenders before they 
 89.33  are released from incarceration on the nature and scope of the 
 89.34  notification process, the likely reaction of community residents 
 89.35  to their presence in the community, and their right to be free 
 89.36  from harassment or criminal acts committed by community 
 90.1   residents because of the notification process; and 
 90.2      (8) other matters that the board deems necessary to ensure 
 90.3   the effective and fair administration of the community 
 90.4   notification law. 
 90.5      Subd. 2.  [LOCAL POLICY.] By January 1, 1997, all chief law 
 90.6   enforcement officers shall establish and implement a written 
 90.7   policy governing the public disclosure of information on sex 
 90.8   offenders under Minnesota Statutes, section 244.052, subdivision 
 90.9   3.  A chief law enforcement officer shall adopt a policy that is 
 90.10  identical or substantially similar to the model policy developed 
 90.11  by the board under subdivision 1. 
 90.12     Sec. 8.  [EFFECTIVE DATE.] 
 90.13     Section 2 is effective August 1, 1996, and applies to 
 90.14  persons who are released from prison on or after that date, or 
 90.15  who are under supervision as of that date, or who enter this 
 90.16  state on or after that date. 
 90.17     Sections 1 and 3 to 6 are effective January 1, 1997, and 
 90.18  apply to persons released or sentenced on or after that date. 
 90.19     Section 7 is effective the day following final enactment. 
 90.20                             ARTICLE 6
 90.21                             JUVENILES
 90.22     Section 1.  Minnesota Statutes 1995 Supplement, section 
 90.23  260.015, subdivision 21, is amended to read: 
 90.24     Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
 90.25  OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
 90.26  alcohol offense, a juvenile controlled substance offense, a 
 90.27  violation of section 609.685, or a violation of a local 
 90.28  ordinance, which by its terms prohibits conduct by a child under 
 90.29  the age of 18 years which would be lawful conduct if committed 
 90.30  by an adult.  
 90.31     (b) Except as otherwise provided in paragraph 
 90.32  (c), "juvenile petty offense" also includes an offense, other 
 90.33  than a violation of section 609.224, 609.324, 609.563, 609.576, 
 90.34  or 617.23, that would be a misdemeanor if committed by an 
 90.35  adult if: 
 90.36     (1) the child has not been found to be a juvenile petty 
 91.1   offender on more than two prior occasions for a 
 91.2   misdemeanor-level offense; 
 91.3      (2) the child has not previously been found to be 
 91.4   delinquent for a misdemeanor, gross misdemeanor, or felony 
 91.5   offense; or 
 91.6      (3) the county attorney designates the child on the 
 91.7   petition as a juvenile petty offender, notwithstanding the 
 91.8   child's prior record of misdemeanor-level juvenile petty 
 91.9   offenses. 
 91.10     (c) "Juvenile petty offense" does not include any of the 
 91.11  following: 
 91.12     (1) a misdemeanor-level violation of section 588.20, 
 91.13  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
 91.14     (2) a major traffic offense or an adult court traffic 
 91.15  offense, as described in section 260.193; 
 91.16     (3) a misdemeanor-level offense committed by a child whom 
 91.17  the juvenile court previously has found to have committed a 
 91.18  misdemeanor, gross misdemeanor, or felony offense; or 
 91.19     (4) a misdemeanor-level offense committed by a child whom 
 91.20  the juvenile court has found to have committed a 
 91.21  misdemeanor-level juvenile petty offense on two or more prior 
 91.22  occasions, unless the county attorney designates the child on 
 91.23  the petition as a juvenile petty offender notwithstanding this 
 91.24  prior record.  As used in this clause, "misdemeanor-level 
 91.25  juvenile petty offense" includes a misdemeanor-level offense 
 91.26  that would have been a juvenile petty offense if it had been 
 91.27  committed on or after July 1, 1995.  
 91.28     (d) A child who commits a juvenile petty offense is a 
 91.29  "juvenile petty offender." 
 91.30     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
 91.31  260.132, subdivision 3a, is amended to read: 
 91.32     Subd. 3a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
 91.33  as otherwise provided in section 260.155, subdivision 2, a child 
 91.34  alleged to be a juvenile petty offender may be represented by 
 91.35  counsel, but does not have a right to appointment of a public 
 91.36  defender or other counsel at public expense. 
 92.1      Sec. 3.  Minnesota Statutes 1994, section 260.141, is 
 92.2   amended by adding a subdivision to read: 
 92.3      Subd. 1a.  [NOTICE IN LIEU OF SUMMONS; PERSONAL 
 92.4   SERVICE.] The service of a summons or a notice in lieu of 
 92.5   summons shall be as provided in the rules of juvenile procedure. 
 92.6      Sec. 4.  Minnesota Statutes 1994, section 260.145, is 
 92.7   amended to read: 
 92.8      260.145 [FAILURE TO OBEY SUMMONS OR SUBPOENA; CONTEMPT, 
 92.9   ARREST.] 
 92.10     If any person personally served with summons or subpoena 
 92.11  fails, without reasonable cause, to appear or bring the child, 
 92.12  or if the court has reason to believe the person is avoiding 
 92.13  personal service, or if any custodial parent or guardian fails, 
 92.14  without reasonable cause, to accompany the child to a hearing as 
 92.15  required under section 260.155, subdivision 4b, the person may 
 92.16  be proceeded against for contempt of court or the court may 
 92.17  issue a warrant for the person's arrest, or both.  In any case 
 92.18  when it appears to the court that the service will be 
 92.19  ineffectual, or that the welfare of the child requires that the 
 92.20  child be brought forthwith into the custody of the court, the 
 92.21  court may issue a warrant for immediate custody of the child. 
 92.22     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
 92.23  260.155, subdivision 2, is amended to read: 
 92.24     Subd. 2.  [APPOINTMENT OF COUNSEL.] (a) The child, parent, 
 92.25  guardian or custodian has the right to effective assistance of 
 92.26  counsel in connection with a proceeding in juvenile court unless 
 92.27  the.  This right does not apply to a child who is charged with a 
 92.28  juvenile petty offense as defined in section 260.015, 
 92.29  subdivision 21, unless the child is charged with a third or 
 92.30  subsequent juvenile alcohol or controlled substance offense and 
 92.31  may be subject to the alternative disposition described in 
 92.32  section 260.195, subdivision 4.  
 92.33     (b) The court shall appoint counsel, or stand-by counsel if 
 92.34  the child waives the right to counsel, for a child who is: 
 92.35     (1) charged by delinquency petition with a gross 
 92.36  misdemeanor or felony offense; or 
 93.1      (2) the subject of a delinquency proceeding in which 
 93.2   out-of-home placement has been proposed. 
 93.3      (b) (c) If they desire counsel but are unable to employ it, 
 93.4   the court shall appoint counsel to represent the child or the 
 93.5   parents or guardian in any case in which it feels that such an 
 93.6   appointment is desirable, except a juvenile petty offense as 
 93.7   defined in section 260.015, subdivision 21 offender who does not 
 93.8   have the right to counsel under paragraph (a). 
 93.9      Sec. 6.  Minnesota Statutes 1994, section 260.161, 
 93.10  subdivision 1a, is amended to read: 
 93.11     Subd. 1a.  [RECORD OF ADJUDICATIONS; NOTICE TO BUREAU OF 
 93.12  CRIMINAL APPREHENSION.] (a) The juvenile court shall forward to 
 93.13  the Bureau of Criminal Apprehension the following data on 
 93.14  juveniles adjudicated delinquent for having committed 
 93.15  felony-level criminal sexual conduct: 
 93.16     (1) the name and birth date of the juvenile, including any 
 93.17  of the juvenile's known aliases or street names; 
 93.18     (2) the type of act for which the juvenile was adjudicated 
 93.19  delinquent and date of the offense; and 
 93.20     (3) the date and county of the adjudication. 
 93.21     (b) The bureau shall retain data on a juvenile until the 
 93.22  offender reaches the age of 28.  If the offender commits another 
 93.23  violation of sections 609.342 to 609.345 as an adult, the bureau 
 93.24  shall retain the data for as long as the data would have been 
 93.25  retained if the offender had been an adult at the time of the 
 93.26  juvenile offense. 
 93.27     (c) The juvenile court shall forward to the bureau the 
 93.28  following data on individuals convicted as extended jurisdiction 
 93.29  juveniles: 
 93.30     (1) the name and birthdate of the offender, including any 
 93.31  of the juvenile's known aliases or street names; 
 93.32     (2) the crime committed by the offender and the date of the 
 93.33  crime; and 
 93.34     (3) the date and county of the conviction. 
 93.35     The court shall notify the bureau whenever it executes an 
 93.36  extended jurisdiction juvenile's adult sentence under section 
 94.1   260.126, subdivision 5. 
 94.2      (d) The bureau shall retain the extended jurisdiction 
 94.3   juvenile data for as long as the data would have been retained 
 94.4   if the offender had been an adult at the time of the offense.  
 94.5   Data retained on individuals under this subdivision are private 
 94.6   data under section 13.02, except that extended jurisdiction 
 94.7   juvenile data becomes public data under section 13.87, 
 94.8   subdivision 2, when the juvenile court notifies the bureau that 
 94.9   the individual's adult sentence has been executed under section 
 94.10  260.126, subdivision 5. 
 94.11     Sec. 7.  Minnesota Statutes 1994, section 260.171, 
 94.12  subdivision 2, is amended to read: 
 94.13     Subd. 2.  (a) If the child is not released as provided in 
 94.14  subdivision 1, the person taking the child into custody shall 
 94.15  notify the court as soon as possible of the detention of the 
 94.16  child and the reasons for detention.  
 94.17     (b) No child may be detained in a juvenile secure detention 
 94.18  facility or shelter care facility longer than 36 hours, 
 94.19  excluding Saturdays, Sundays, and holidays, after being taken 
 94.20  into custody for a delinquent act as defined in section 260.015, 
 94.21  subdivision 5, unless a petition has been filed and the judge or 
 94.22  referee determines pursuant to section 260.172 that the child 
 94.23  shall remain in detention.  
 94.24     (c) No child may be detained in an adult jail or municipal 
 94.25  lockup longer than 24 hours, excluding Saturdays, Sundays, and 
 94.26  holidays, or longer than six hours in an adult jail or municipal 
 94.27  lockup in a standard metropolitan statistical area, after being 
 94.28  taken into custody for a delinquent act as defined in section 
 94.29  260.015, subdivision 5, unless: 
 94.30     (1) a petition has been filed under section 260.131; and 
 94.31     (2) a judge or referee has determined under section 260.172 
 94.32  that the child shall remain in detention. 
 94.33     After August 1, 1991, no child described in this paragraph 
 94.34  may be detained in an adult jail or municipal lockup longer than 
 94.35  24 hours, excluding Saturdays, Sundays, and holidays, or longer 
 94.36  than six hours in an adult jail or municipal lockup in a 
 95.1   standard metropolitan statistical area, unless the requirements 
 95.2   of this paragraph have been met and, in addition, a motion to 
 95.3   refer the child for adult prosecution has been made under 
 95.4   section 260.125.  Notwithstanding this paragraph, continued 
 95.5   detention of a child in an adult detention facility outside of a 
 95.6   standard metropolitan statistical area county is permissible if: 
 95.7      (i) the facility in which the child is detained is located 
 95.8   where conditions of distance to be traveled or other ground 
 95.9   transportation do not allow for court appearances within 24 
 95.10  hours.  A delay not to exceed 48 hours may be made under this 
 95.11  clause; or 
 95.12     (ii) the facility is located where conditions of safety 
 95.13  exist.  Time for an appearance may be delayed until 24 hours 
 95.14  after the time that conditions allow for reasonably safe 
 95.15  travel.  "Conditions of safety" include adverse life-threatening 
 95.16  weather conditions that do not allow for reasonably safe travel. 
 95.17     The continued detention of a child under clause (i) or (ii) 
 95.18  must be reported to the commissioner of corrections. 
 95.19     (d) No child taken into custody pursuant to section 
 95.20  260.165, subdivision 1, clause (a) or (c)(2) may be held in a 
 95.21  shelter care facility longer than 72 hours, excluding Saturdays, 
 95.22  Sundays and holidays, unless a petition has been filed and the 
 95.23  judge or referee determines pursuant to section 260.172 that the 
 95.24  child shall remain in custody.  
 95.25     (e) If a child described in paragraph (c) is to be detained 
 95.26  in a jail beyond 24 hours, excluding Saturdays, Sundays, and 
 95.27  holidays, the judge or referee, in accordance with rules and 
 95.28  procedures established by the commissioner of corrections, shall 
 95.29  notify the commissioner of the place of the detention and the 
 95.30  reasons therefor.  The commissioner shall thereupon assist the 
 95.31  court in the relocation of the child in an appropriate juvenile 
 95.32  secure detention facility or approved jail within the county or 
 95.33  elsewhere in the state, or in determining suitable 
 95.34  alternatives.  The commissioner shall direct that a child 
 95.35  detained in a jail be detained after eight days from and 
 95.36  including the date of the original detention order in an 
 96.1   approved juvenile secure detention facility with the approval of 
 96.2   the administrative authority of the facility.  If the court 
 96.3   refers the matter to the prosecuting authority pursuant to 
 96.4   section 260.125, notice to the commissioner shall not be 
 96.5   required. 
 96.6      Sec. 8.  Minnesota Statutes 1995 Supplement, section 
 96.7   260.195, subdivision 2a, is amended to read: 
 96.8      Subd. 2a.  [NO RIGHT TO COUNSEL AT PUBLIC EXPENSE.] Except 
 96.9   as otherwise provided in section 260.155, subdivision 2, a child 
 96.10  alleged to be a juvenile petty offender may be represented by 
 96.11  counsel, but does not have a right to appointment of a public 
 96.12  defender or other counsel at public expense. 
 96.13     Sec. 9.  Minnesota Statutes 1994, section 260.281, is 
 96.14  amended to read: 
 96.15     260.281 [NEW EVIDENCE.] 
 96.16     A child whose status has been adjudicated by a juvenile 
 96.17  court, or the child's parent, guardian, custodian or spouse may, 
 96.18  at any time within 90 15 days of the filing of the court's 
 96.19  order, petition the court for a rehearing on the ground that new 
 96.20  evidence has been discovered affecting the advisability of the 
 96.21  court's original adjudication or disposition.  Upon a showing 
 96.22  that such evidence does exist the court shall order that a new 
 96.23  hearing be held within 30 days, unless the court extends this 
 96.24  time period for good cause shown within the 30-day period, and 
 96.25  shall make such disposition of the case as the facts and the 
 96.26  best interests of the child warrant.  
 96.27     Sec. 10.  Minnesota Statutes 1994, section 260.301, is 
 96.28  amended to read: 
 96.29     260.301 [CONTEMPT.] 
 96.30     Any person knowingly interfering with an order of the 
 96.31  juvenile court is in contempt of court.  However, a child who is 
 96.32  under the continuing jurisdiction of the court for reasons other 
 96.33  than delinquency having committed a delinquent act or a juvenile 
 96.34  petty offense may not be adjudicated as a delinquent solely on 
 96.35  the basis of having knowingly interfered with or disobeyed an 
 96.36  order of the court. 
 97.1      Sec. 11.  Minnesota Statutes 1995 Supplement, section 
 97.2   299C.10, subdivision 1, is amended to read: 
 97.3      Subdivision 1.  [LAW ENFORCEMENT DUTY.] (a) It is hereby 
 97.4   made the duty of the sheriffs of the respective counties and, of 
 97.5   the police officers in cities of the first, second, and third 
 97.6   classes, under the direction of the chiefs of police in such 
 97.7   cities, and of community corrections agencies operating secure 
 97.8   juvenile detention facilities to take or cause to be taken 
 97.9   immediately finger and thumb prints, photographs, distinctive 
 97.10  physical mark identification data, and such other identification 
 97.11  data as may be requested or required by the superintendent of 
 97.12  the bureau; of all persons arrested for a felony, gross 
 97.13  misdemeanor, of all juveniles committing felonies as 
 97.14  distinguished from those committed by adult offenders, of all 
 97.15  persons reasonably believed by the arresting officer to be 
 97.16  fugitives from justice, of all persons in whose possession, when 
 97.17  arrested, are found concealed firearms or other dangerous 
 97.18  weapons, burglar tools or outfits, high-power explosives, or 
 97.19  articles, machines, or appliances usable for an unlawful purpose 
 97.20  and reasonably believed by the arresting officer to be intended 
 97.21  for such purposes, and within 24 hours thereafter to forward 
 97.22  such fingerprint records and other identification data on such 
 97.23  forms and in such manner as may be prescribed by the 
 97.24  superintendent of the bureau of criminal apprehension. 
 97.25     (b) Effective August 1, 1997, the identification reporting 
 97.26  requirements shall also apply to persons committing misdemeanor 
 97.27  offenses, including violent and enhanceable crimes, and 
 97.28  juveniles committing gross misdemeanors.  In addition, the 
 97.29  reporting requirements shall include any known aliases or street 
 97.30  names of the offenders. 
 97.31     Sec. 12.  [REPEALER.] 
 97.32     Minnesota Statutes 1994, section 260.141, subdivision 1, is 
 97.33  repealed. 
 97.34     Sec. 13.  [EFFECTIVE DATE.] 
 97.35     Sections 1 to 12 are effective August 1, 1996, and apply to 
 97.36  offenses committed on or after that date. 
 98.1                              ARTICLE 7
 98.2                               VICTIMS 
 98.3      Section 1.  [15.87] [VICTIMS OF VIOLENCE.] 
 98.4      In furtherance of the state policy of zero tolerance for 
 98.5   violence in section 1.50, the state shall have a goal of 
 98.6   providing: 
 98.7      (a) every victim of violence in Minnesota, regardless of 
 98.8   the county of residence, access to necessary services, 
 98.9   including, but not limited to: 
 98.10     (1) crisis intervention services, including a 24-hour 
 98.11  emergency telephone line; 
 98.12     (2) safe housing; 
 98.13     (3) counseling and peer support services; and 
 98.14     (4) assistance in pursuing legal remedies and appropriate 
 98.15  medical care; and 
 98.16     (b) every child who is a witness to abuse or who is a 
 98.17  victim of violence, access to necessary services, including, but 
 98.18  not limited to: 
 98.19     (1) crisis child care; 
 98.20     (2) safe supervised child visitation, when needed; 
 98.21     (3) age appropriate counseling and support; and 
 98.22     (4) assistance with legal remedies, medical care, and 
 98.23  needed social services. 
 98.24     Sec. 2.  Minnesota Statutes 1995 Supplement, section 
 98.25  609.10, is amended to read: 
 98.26     609.10 [SENTENCES AVAILABLE.] 
 98.27     Upon conviction of a felony and compliance with the other 
 98.28  provisions of this chapter the court, if it imposes sentence, 
 98.29  may sentence the defendant to the extent authorized by law as 
 98.30  follows: 
 98.31     (1) to life imprisonment; or 
 98.32     (2) to imprisonment for a fixed term of years set by the 
 98.33  court; or 
 98.34     (3) to both imprisonment for a fixed term of years and 
 98.35  payment of a fine; or 
 98.36     (4) to payment of a fine without imprisonment or to 
 99.1   imprisonment for a fixed term of years if the fine is not paid; 
 99.2   or 
 99.3      (5) to payment of court-ordered restitution in addition to 
 99.4   either imprisonment or payment of a fine, or both; or 
 99.5      (6) to payment of a local correctional fee as authorized 
 99.6   under section 609.102 in addition to any other sentence imposed 
 99.7   by the court. 
 99.8      As used in this section, "restitution" includes: 
 99.9      (i) payment of compensation to the victim or the victim's 
 99.10  family; and 
 99.11     (ii) if the victim is deceased or already has been fully 
 99.12  compensated, payment of money to a victim assistance program or 
 99.13  other program directed by the court. 
 99.14     In controlled substance crime cases, "restitution" also 
 99.15  includes payment of compensation to a government entity that 
 99.16  incurs loss as a direct result of the controlled substance crime.
 99.17     Sec. 3.  Minnesota Statutes 1995 Supplement, section 
 99.18  609.125, is amended to read: 
 99.19     609.125 [SENTENCE FOR MISDEMEANOR OR GROSS MISDEMEANOR.] 
 99.20     Upon conviction of a misdemeanor or gross misdemeanor the 
 99.21  court, if sentence is imposed, may, to the extent authorized by 
 99.22  law, sentence the defendant: 
 99.23     (1) to imprisonment for a definite term; or 
 99.24     (2) to payment of a fine, or to imprisonment for a 
 99.25  specified term if the fine is not paid; or 
 99.26     (3) to both imprisonment for a definite term and payment of 
 99.27  a fine; or 
 99.28     (4) to payment of court-ordered restitution in addition to 
 99.29  either imprisonment or payment of a fine, or both; or 
 99.30     (5) to payment of a local correctional fee as authorized 
 99.31  under section 609.102 in addition to any other sentence imposed 
 99.32  by the court. 
 99.33     As used in this section, "restitution" includes: 
 99.34     (i) payment of compensation to the victim or the victim's 
 99.35  family; and 
 99.36     (ii) if the victim is deceased or already has been fully