Conference Committee Report - 93rd Legislature (2023 - 2024) Posted on 05/12/2023 02:32am
A bill for an act
relating to state government; providing for certain judiciary, public safety,
corrections, human rights, firearm, clemency, rehabilitation and reinvestment,
supervised release board, expungement, community supervision, and 911
Emergency Communication System policy; providing for reports; authorizing
rulemaking; appropriating money for judiciary, courts, civil legal services, Guardian
ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, Board
of Public Defense, human rights, sentencing guidelines, public safety, emergency
management, criminal apprehension, fire marshal, firefighters, Office of Justice
programs, Peace Officer Standards and Training Board, Private Detective Board,
corrections, incarceration and release, probation, juveniles, and Ombudsperson
for Corrections; amending Minnesota Statutes 2022, sections 13.072, subdivision
1; 13.825, subdivision 3; 13.871, subdivisions 8, 14; 13A.02, subdivisions 1, 2;
144.6586, subdivision 2; 145.4712; 152.01, by adding a subdivision; 152.021,
subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivision 2; 152.18,
subdivision 1; 181.981, subdivision 1; 214.10, subdivision 10; 241.01, subdivision
3a; 241.021, subdivision 1d; 243.05, subdivision 1; 244.03; 244.05, subdivisions
1b, 2, 3, 4, 5, by adding a subdivision; 244.052, subdivision 4a; 244.101,
subdivision 1; 244.19, subdivisions 1, 5; 244.195, subdivisions 1, 2, by adding
subdivisions; 244.20; 244.21; 297I.06, subdivision 1; 299A.38; 299A.41,
subdivisions 3, 4, by adding a subdivision; 299A.52; 299A.642, subdivision 15;
299A.73, by adding a subdivision; 299C.10, subdivision 1; 299C.106, subdivision
3; 299C.11, subdivision 3; 299C.111; 299C.17; 299C.53, subdivision 3; 299N.02,
subdivision 3; 326.32, subdivision 10; 326.3381, subdivision 3; 357.021,
subdivision 2; 363A.06, subdivision 1; 401.01; 401.02; 401.025, subdivision 1;
401.06; 401.09; 401.10; 401.11; 401.14, subdivision 3; 401.16; 403.02, subdivisions
7, 9a, 11b, 16a, 17, 17c, 18, 19, 19a, 20, 20a, 21, by adding subdivisions; 403.025;
403.03, subdivision 2; 403.05; 403.06; 403.07; 403.08; 403.09, subdivision 2;
403.10, subdivisions 2, 3; 403.11; 403.113; 403.15, subdivisions 1, 2, 3, 4, 5, 6,
by adding a subdivision; 609.05, by adding a subdivision; 609.106, subdivision
2, by adding a subdivision; 609.11, subdivision 8, by adding a subdivision; 609.14,
subdivision 1, by adding a subdivision; 609.2231, subdivision 4; 609.2233;
609.3455, subdivisions 2, 5; 609.35; 609.52, subdivision 3; 609.527, subdivision
1, by adding a subdivision; 609.582, subdivisions 3, 4; 609.595, subdivisions 1a,
2; 609.749, subdivision 3; 609A.01; 609A.02, subdivision 3; 609A.03, subdivisions
5, 7a, 9; 611.23; 611A.03, subdivision 1; 611A.211, subdivision 1; 611A.31,
subdivisions 2, 3, by adding a subdivision; 611A.32; 626.15; 626.5531, subdivision
1; 626.843, by adding a subdivision; 626.8451, subdivision 1; 626.8469, subdivision
1; 626.8473, subdivision 3; 638.01; 641.15, subdivision 2; 641.155; Laws 2021,
First Special Session chapter 11, article 1, section 15, subdivision 3; proposing
coding for new law in Minnesota Statutes, chapters 243; 244; 299A; 299C; 401;
609; 609A; 626; 638; repealing Minnesota Statutes 2022, sections 244.18; 244.19,
subdivisions 6, 7, 8; 244.22; 244.24; 244.30; 299C.80, subdivision 7; 403.02,
subdivision 13; 403.09, subdivision 3; 638.02; 638.03; 638.04; 638.05; 638.06;
638.07; 638.075; 638.08.
May 11, 2023
The Honorable Bobby Joe Champion
President of the Senate
The Honorable Melissa Hortman
Speaker of the House of Representatives
We, the undersigned conferees for S.F. No. 2909 report that we have agreed upon the
items in dispute and recommend as follows:
That the House recede from its amendments and that S.F. No. 2909 be further amended
as follows:
Section 1. new text beginAPPROPRIATIONS. |
new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025.
new text end
new text begin APPROPRIATIONS new text end | ||||||
new text begin Available for the Year new text end | ||||||
new text begin Ending June 30 new text end | ||||||
new text begin 2024 new text end | new text begin2025 new text end |
Sec. 2. new text beginSUPREME COURT |
new text begin Subdivision 1.new text endnew text beginTotal Appropriation | new text begin$ new text end | new text begin 80,141,000 new text end | new text begin$ new text end | new text begin 82,624,000 new text end |
new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2.new text endnew text beginSupreme Court Operations | new text begin46,581,000 new text end | new text begin49,064,000 new text end |
new text begin (a) new text endnew text beginContingent Account
new text end
new text begin $5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end
new text begin (b) Justices' Compensation
new text end
new text begin Justices' compensation is increased by eight
percent in the first year and four percent in the
second year.
new text end
new text begin Subd. 3.new text endnew text beginCivil Legal Services | new text begin 33,560,000 new text end | new text begin 33,560,000 new text end |
new text begin The general fund base is $34,167,000
beginning in fiscal year 2026.
new text end
new text begin Legal Services to Low-Income Clients in
Family Law Matters
new text end
new text begin $1,017,000 each year is to improve the access
of low-income clients to legal representation
in family law matters. This appropriation must
be distributed under Minnesota Statutes,
section 480.242, to the qualified legal services
program described in Minnesota Statutes,
section 480.242, subdivision 2, paragraph (a).
Any unencumbered balance remaining in the
first year does not cancel and is available in
the second year.
new text end
Sec. 3. new text beginCOURT OF APPEALS | new text begin$ new text end | new text begin14,559,000 new text end | new text begin$ new text end | new text begin15,259,000 new text end |
new text begin Judges' Compensation
new text end
new text begin Judges' compensation is increased by eight
percent in the first year and four percent in the
second year.
new text end
Sec. 4. new text beginDISTRICT COURTS | new text begin$ new text end | new text begin370,910,000 new text end | new text begin$ new text end | new text begin381,590,000 new text end |
new text begin (a) Judges' Compensation
new text end
new text begin Judges' compensation is increased by eight
percent in the first year and four percent in the
second year.
new text end
new text begin (b) Court Case Backlog
new text end
new text begin $4,200,000 the first year is to address the court
case backlog.
new text end
new text begin (c) Mandated Psychological Services
new text end
new text begin $1,500,000 each year is for mandated
psychological services. This is a onetime
appropriation.
new text end
new text begin (d) New Treatment Courts
new text end
new text begin $422,000 each year is to fund four new
treatment courts.
new text end
new text begin (e) Courtroom Technology Enhancements
new text end
new text begin $7,400,000 the first year is for courtroom
technology enhancements.
new text end
new text begin (f) Law Clerk Salary
new text end
new text begin $2,033,000 each year is to increase district
court law clerks' salaries. Notwithstanding
Minnesota Statutes, section 16A.285, the court
must not transfer this appropriation.
new text end
new text begin (g) Interpreter Pay
new text end
new text begin $200,000 each year is to fund the increase in
the hourly fee paid to contract interpreters.
new text end
new text begin (h) Extreme Risk Protection Orders
new text end
new text begin $91,000 the first year and $182,000 the second
year are to implement the provisions of article
14.
new text end
Sec. 5. new text beginGUARDIAN AD LITEM BOARD | new text begin$ new text end | new text begin24,358,000 new text end | new text begin$ new text end | new text begin25,620,000 new text end |
Sec. 6. new text beginTAX COURT | new text begin$ new text end | new text begin2,133,000 new text end | new text begin$ new text end | new text begin2,268,000 new text end |
Sec. 7. new text beginUNIFORM LAWS COMMISSION | new text begin$ new text end | new text begin115,000 new text end | new text begin$ new text end | new text begin115,000 new text end |
Sec. 8. new text beginBOARD ON JUDICIAL STANDARDS | new text begin$ new text end | new text begin655,000 new text end | new text begin$ new text end | new text begin645,000 new text end |
new text begin (a) Availability of Appropriation
new text end
new text begin If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end
new text begin (b) Major Disciplinary Actions
new text end
new text begin $125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures through June
30, 2027.
new text end
Sec. 9. new text beginBOARD OF PUBLIC DEFENSE | new text begin$ new text end | new text begin154,884,000 new text end | new text begin$ new text end | new text begin164,360,000 new text end |
Sec. 10. new text beginHUMAN RIGHTS | new text begin$ new text end | new text begin8,048,000 new text end | new text begin$ new text end | new text begin8,429,000 new text end |
new text begin The general fund base is $8,909,000 beginning
in fiscal year 2026.
new text end
new text begin (a) Civil Rights Enforcement
new text end
new text begin $1,500,000 each year is for increased civil
rights enforcement. The base for this
appropriation is $2,000,000 in fiscal year 2026
and thereafter.
new text end
new text begin (b) Mediator Payments
new text end
new text begin $20,000 each year is to fund payments to
mediators. This appropriation is onetime and
is available through June 30, 2027.
new text end
new text begin (c) Report on Civil Rights Trends
new text end
new text begin $395,000 the first year and $250,000 the
second year are to analyze and report on civil
rights trends in Minnesota.
new text end
Sec. 11. new text beginOFFICE OF APPELLATE COUNSEL | new text begin$ new text end | new text begin659,000 new text end | new text begin$ new text end | new text begin1,560,000 new text end |
new text begin Establishment and Operations
new text end
new text begin $659,000 the first year and $1,560,000 the
second year are for establishment and
operation of the Statewide Office of Appellate
Counsel and Training as described in
Minnesota Statutes, section 260C.419, and to
provide support for the State Board of
Appellate Counsel and Training.
new text end
Sec. 12. new text beginDEPARTMENT OF HUMAN | new text begin$ new text end | new text begin1,500,000 new text end | new text begin$ new text end | new text begin-0- new text end |
new text begin Child Advocacy Center
new text end
new text begin $1,500,000 the first year is for a grant to First
Witness Child Advocacy Center for the
acquisition and improvement of properties
located at 1402, 1406, and 1412 East 2nd
Street in the city of Duluth. This appropriation
includes money for demolition of the building
located at 1412 East 2nd Street and
construction of a parking lot, and for
renovation, furnishing, and equipping of the
buildings located at 1402 and 1406 East 2nd
Street as a training center and a child advocacy
center. These funds are available until June
30, 2027.
new text end
Minnesota Statutes 2022, section 611.58, as amended by Laws 2023, chapter 14,
section 34, is amended to read:
(a) By deleted text beginJanuarydeleted text endnew text begin Octobernew text end 1, 2023, the board must recommend
a competency attainment curriculum to educate and assist defendants found incompetent
in attaining the ability to:
(1) rationally consult with counsel;
(2) understand the proceedings; and
(3) participate in the defense.
(b) The curriculum must be flexible enough to be delivered in community and correctional
settings by individuals with various levels of education and qualifications, including but
not limited to professionals in criminal justice, health care, mental health care, and social
services. The board must review and update the curriculum as needed.
By deleted text beginJanuarydeleted text endnew text begin Octobernew text end 1, 2023, the board must
develop a process for certifying individuals to deliver the competency attainment curriculum
and make the curriculum available to every competency attainment program and forensic
navigator in the state. Each competency attainment program in the state must use the
competency attainment curriculum under this section as the foundation for delivering
competency attainment education and must not substantially alter the content.
Laws 2022, chapter 99, article 1, section 50, is amended to read:
Sections 26 to 37 are effective deleted text beginJulydeleted text endnew text begin Aprilnew text end 1, deleted text begin2023deleted text endnew text begin 2024new text end, and apply to competency
determinations initiated on or after that date.
Laws 2022, chapter 99, article 3, section 1, as amended by Laws 2023, chapter
14, section 36, is amended to read:
The general fund appropriation base for
the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year
2025 for correctional facilities inspectors.
The general fund appropriation base for the district courts is
deleted text begin $5,042,000deleted text endnew text begin $1,500,000new text end in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs
associated with additional competency examination costs.
The general fund appropriation base
for the State Competency Attainment Board is deleted text begin$11,350,000deleted text endnew text begin $3,515,000new text end in fiscal year 2024
and $10,900,000 in fiscal year 2025 for staffing and other costs needed to establish and
perform the duties of the State Competency Attainment Board, including providing
educational services necessary to assist defendants in attaining competency, or contracting
or partnering with other organizations to provide those services.
Section 1. new text beginAPPROPRIATIONS. |
new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2024" and "2025" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively.
"The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium"
is fiscal years 2024 and 2025. Appropriations for the fiscal year ending June 30, 2023, are
effective the day following final enactment.
new text end
new text begin APPROPRIATIONS new text end | ||||||
new text begin Available for the Year new text end | ||||||
new text begin Ending June 30 new text end | ||||||
new text begin 2023 new text end | new text begin2024 new text end | new text begin2025 new text end |
Sec. 2. new text beginSENTENCING GUIDELINES | new text begin$ new text end | new text begin1,549,000 new text end | new text begin$ new text end | new text begin1,488,000 new text end |
new text begin (a) Analysis of Sentencing-Related Data
new text end
new text begin $125,000 the first year and $124,000 the
second year are to expand analysis of
sentencing-related data.
new text end
new text begin (b) Small Agency Resource Team (SmART)
new text end
new text begin $50,000 each year is for the commission's
accounting, budgeting, and human resources
to be provided by the Department of
Administration's small agency resource team.
new text end
new text begin (c) Court Information System Integration
new text end
new text begin $340,000 the first year and $348,000 the
second year are to fully integrate the
Sentencing Guidelines information systems
with the Minnesota Criminal Information
System (MNCIS). The base for this
appropriation is $78,000 beginning in fiscal
year 2026.
new text end
new text begin (d) Comprehensive Review of the
Guidelines
new text end
new text begin $243,000 the first year and $147,000 the
second year are to begin a comprehensive
review of the Sentencing Guidelines. This is
a onetime appropriation.
new text end
Sec. 3. new text beginPUBLIC SAFETY |
new text begin Subdivision 1.new text endnew text beginTotal | new text begin$ new text end | new text begin1,000,000 new text end | new text begin$ new text end | new text begin333,079,000 new text end | new text begin$ new text end | new text begin292,622,000 new text end |
new text begin Appropriations by Fund new text end | |||
new text begin 2023 new text end | new text begin2024 new text end | new text begin2025 new text end | |
new text begin General new text end | new text begin1,000,000 new text end | new text begin235,025,000 new text end | new text begin201,039,000 new text end |
new text begin Special Revenue new text end | new text begin 20,074,000 new text end | new text begin 20,327,000 new text end | |
new text begin State Government Special Revenue new text end | new text begin103,000 new text end | new text begin103,000 new text end | |
new text begin Environmental new text end | new text begin119,000 new text end | new text begin127,000 new text end | |
new text begin Trunk Highway new text end | new text begin2,429,000 new text end | new text begin2,429,000 new text end | |
new text begin 911 Fund new text end | new text begin75,329,000 new text end | new text begin68,597,000 new text end |
new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2.new text endnew text beginPublic Safety | new text begin1,000,000 new text end | new text begin2,250,000 new text end | new text begin2,000,000 new text end |
new text begin (a) Public Safety Officer Survivor Benefits
new text end
new text begin $1,000,000 in fiscal year 2023, $1,000,000 in
fiscal year 2024, and $1,000,000 in fiscal year
2025 are for payment of public safety officer
survivor benefits under Minnesota Statutes,
section 299A.44. If the appropriation for either
year is insufficient, the appropriation for the
other year is available.
new text end
new text begin (b) Soft Body Armor Reimbursements
new text end
new text begin $1,000,000 each year is for increases in the
base appropriation for soft body armor
reimbursements under Minnesota Statutes,
section 299A.38. This is a onetime
appropriation.
new text end
new text begin (c) Firearm Storage Grants
new text end
new text begin $250,000 the first year is for grants to local or
state law enforcement agencies to support the
safe and secure storage of firearms owned by
persons subject to extreme risk protection
orders. The commissioner must apply for a
grant from the Byrne State Crisis Intervention
Program to supplement the funds appropriated
by the legislature for implementation of
Minnesota Statutes, sections 624.7171 to
624.7178 and 626.8481. Of the federal funds
received, the commissioner must dedicate at
least an amount that is equal to this
appropriation to fund safe and secure firearms
storage grants provided for under this
paragraph.
new text end
new text begin Subd. 3.new text endnew text beginEmergency Management | new text begin 7,330,000 new text end | new text begin 4,417,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin General new text end | new text begin 7,211,000 new text end | new text begin 4,290,000 new text end |
new text begin Environmental new text end | new text begin119,000 new text end | new text begin127,000 new text end |
new text begin (a) Supplemental Nonprofit Security Grants
new text end
new text begin $250,000 each year is for supplemental
nonprofit security grants under this paragraph.
This appropriation is onetime.
new text end
new text begin Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end
new text begin Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program. This is a
onetime appropriation.
new text end
new text begin (b) Emergency Preparedness Staff
new text end
new text begin $550,000 each year is for additional
emergency preparedness staff members.
new text end
new text begin (c) Lake Superior Chippewa Tribal
Emergency Management Coordinator
new text end
new text begin $145,000 each year is for a grant to the Grand
Portage Band of Lake Superior Chippewa to
establish and maintain a Tribal emergency
management coordinator under Minnesota
Statutes, section 12.25.
new text end
new text begin (d) Grand Portage Band of Lake Superior
Chippewa Tribe Coast Guard Services
new text end
new text begin $3,000,000 the first year is for a grant to the
Grand Portage Band of Lake Superior
Chippewa to purchase equipment and fund a
position for coast guard services off the north
shore of Lake Superior.
new text end
new text begin Subd. 4.new text endnew text beginCriminal Apprehension | new text begin123,122,000 new text end | new text begin106,870,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin General new text end | new text begin 120,686,000 new text end | new text begin 104,434,000 new text end |
new text begin State Government Special Revenue new text end | new text begin7,000 new text end | new text begin7,000 new text end |
new text begin Trunk Highway new text end | new text begin2,429,000 new text end | new text begin2,429,000 new text end |
new text begin The annual base from the general fund is
$104,303,000 beginning in fiscal year 2026.
new text end
new text begin (a)new text endnew text begin DWI Lab Analysis; Trunk Highway
Fund
new text end
new text begin Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 the first
year and $2,429,000 the second year are from
the trunk highway fund for staff and operating
costs for laboratory analysis related to
driving-while-impaired cases.
new text end
new text begin (b) Use of Force Investigations
new text end
new text begin $4,419,000 each year is for operation of the
independent Use of Force Investigations Unit
pursuant to Minnesota Statutes, section
299C.80.
new text end
new text begin (c) FBI Compliance, Critical IT
Infrastructure, and Cybersecurity
Upgrades
new text end
new text begin $10,550,000 the first year and $2,737,000 the
second year are for cybersecurity investments,
critical infrastructure upgrades, and Federal
Bureau of Investigation audit compliance. This
appropriation is available through June 30,
2027.
new text end
new text begin (d) Expungement-Related Costs
new text end
new text begin $3,737,000 the first year and $190,000 the
second year are for costs associated with the
changes to expungement law made in this act.
new text end
new text begin (e) Violent Crime Reduction Strategy
new text end
new text begin $9,325,000 each year is for violent crime
reduction, including forensics, and analytical
and operational support.
new text end
new text begin (f) Investigative Partnerships
new text end
new text begin $6,000,000 the first year is to fund
partnerships among local, state, and federal
agencies. This appropriation is available until
June 30, 2027.
new text end
new text begin (g) Firearm Eligibility Background Checks
new text end
new text begin $70,000 the first year is to purchase and
integrate information technology hardware
and software necessary to process additional
firearms eligibility background checks.
new text end
new text begin (h) Human Trafficking Task Force
new text end
new text begin $1,800,000 each year is for staff and operating
costs to support the Bureau of Criminal
Apprehension-led Minnesota Human
Trafficking Investigator's Task Force.
new text end
new text begin (i) Report on Fusion Center Activities
new text end
new text begin $115,000 each year is for the report required
under Minnesota Statutes, section 299C.055.
This is a onetime appropriation.
new text end
new text begin (j) Decrease Forensic Evidence Turnaround
new text end
new text begin $4,500,000 the first year and $3,500,000 the
second year are to decrease turnaround times
for forensic processing of evidence in criminal
investigations for state and local law
enforcement partners.
new text end
new text begin Additional staff and supplies funded under
this provision are intended, among other
purposes, to reduce the backlog in sexual
assault examination kit testing, to prevent the
development of any future backlogs in testing
sexual assault examination kits, and to provide
survivors access to the status of the testing of
their exam kits via the relevant exam testing
tracking systems. By January 1, 2025, and
each year thereafter, the commissioner must
submit a report to the chairs and ranking
minority members of the house of
representatives and senate committees with
jurisdiction over public safety finance and
policy on the use of these funds in the previous
fiscal year. The report must: (1) include the
data necessary to understand sexual assault
examination kit testing times; and (2) identify
the barriers to testing all sexual assault
examination kits within 90 days of receipt by
the laboratory in the preceding year and in the
upcoming year.
new text end
new text begin Subd. 5.new text endnew text beginFire Marshal | new text begin17,013,000 new text end | new text begin17,272,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin General new text end | new text begin4,184,000 new text end | new text begin4,190,000 new text end |
new text begin Special Revenue new text end | new text begin12,829,000 new text end | new text begin13,082,000 new text end |
new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation for this account is $13,182,000
in fiscal year 2026 and $13,082,000 in fiscal
year 2027.
new text end
new text begin (a) Hazardous Materials and Emergency
Response Teams
new text end
new text begin $1,695,000 the first year and $1,595,000 the
second year are from the fire safety account
for hazardous materials and emergency
response teams. The base for these purposes
is $1,695,000 in the first year of future biennia
and $1,595,000 in the second year of future
biennia.
new text end
new text begin (b) Bomb Squad Reimbursements
new text end
new text begin $250,000 from the fire safety account and
$50,000 from the general fund each year are
for reimbursements to local governments for
bomb squad services.
new text end
new text begin (c) Nonresponsible Party Reimbursements
new text end
new text begin $750,000 each year from the fire safety
account is for nonresponsible party hazardous
material and bomb squad incident
reimbursements. Money appropriated for this
purpose is available for one year.
new text end
new text begin (d) Hometown Heroes Assistance Program
new text end
new text begin $4,000,000 each year from the general fund
is for grants to the Minnesota Firefighter
Initiative to fund the hometown heroes
assistance program established in Minnesota
Statutes, section 299A.477.
new text end
new text begin Subd. 6.new text endnew text beginFirefighter Training and Education | new text begin7,175,000 new text end | new text begin7,175,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin Special Revenue new text end | new text begin7,175,000 new text end | new text begin7,175,000 new text end |
new text begin The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end
new text begin (a) Firefighter Training and Education new text end |
new text begin $5,500,000 each year from the fire safety
account is for firefighter training and
education.
new text end
new text begin (b) Task Force 1
new text end
new text begin $1,125,000 each year is for the Minnesota
Task Force 1.
new text end
new text begin (c) Task Force 2
new text end
new text begin $200,000 each year is for Minnesota Task
Force 2.
new text end
new text begin (d) Air Rescue
new text end
new text begin $350,000 each year is for the Minnesota Air
Rescue Team.
new text end
new text begin (e) Unappropriated Revenue new text end |
new text begin Any additional unappropriated money
collected in fiscal year 2023 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end
new text begin Subd. 7.new text endnew text beginAlcohol and Gambling | new text begin4,102,000 new text end | new text begin3,857,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin General new text end | new text begin4,032,000 new text end | new text begin3,787,000 new text end |
new text begin Special Revenue new text end | new text begin70,000 new text end | new text begin70,000 new text end |
new text begin (a) $70,000 each year is from the lawful
gambling regulation account in the special
revenue fund.
new text end
new text begin (b) $600,000 the first year and $100,000 the
second year are for enforcement information
technology improvements.
new text end
new text begin Subd. 8.new text endnew text beginOffice of Justice Programs | new text begin 94,758,000 new text end | new text begin 80,434,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin General new text end | new text begin 94,662,000 new text end | new text begin 80,338,000 new text end |
new text begin State Government Special Revenue new text end | new text begin96,000 new text end | new text begin96,000 new text end |
new text begin (a) Domestic and Sexual Violence Housing
new text end
new text begin $1,500,000 each year is to establish a
Domestic Violence Housing First grant
program to provide resources for survivors of
violence to access safe and stable housing and
for staff to provide mobile advocacy and
expertise in housing resources in their
community and a Minnesota Domestic and
Sexual Violence Transitional Housing
program to develop and support medium to
long term transitional housing for survivors
of domestic and sexual violence with
supportive services. The base for this
appropriation is $1,000,000 beginning in fiscal
year 2026.
new text end
new text begin (b) Federal Victims of Crime Funding Gap
new text end
new text begin $11,000,000 each year is to fund services for
victims of domestic violence, sexual assault,
child abuse, and other crimes. This is a
onetime appropriation.
new text end
new text begin (c) Office for Missing and Murdered Black
Women and Girls
new text end
new text begin $1,248,000 each year is to establish and
maintain the Minnesota Office for Missing
and Murdered Black Women and Girls.
new text end
new text begin (d) Increased Staffing
new text end
new text begin $667,000 the first year and $1,334,000 the
second year are to increase staffing in the
Office of Justice Programs for grant
monitoring and compliance; provide training
and technical assistance to grantees and
potential grantees; conduct community
outreach and engagement to improve the
experiences and outcomes of applicants, grant
recipients, and crime victims throughout
Minnesota; expand the Minnesota Statistical
Analysis Center; and increase staffing for the
crime victim reimbursement program and the
Crime Victim Justice Unit.
new text end
new text begin (e) Office of Restorative Practices
new text end
new text begin $500,000 each year is to establish and
maintain the Office of Restorative Practices.
new text end
new text begin (f) Crossover and Dual-Status Youth Model
Grants
new text end
new text begin $1,000,000 each year is to provide grants to
local units of government to initiate or expand
crossover youth practices model and
dual-status youth programs that provide
services for youth who are involved with or
at risk of becoming involved with both the
child welfare and juvenile justice systems, in
accordance with the Robert F. Kennedy
National Resource Center for Juvenile Justice
model. This is a onetime appropriation.
new text end
new text begin (g) Restorative Practices Initiatives Grants
new text end
new text begin $4,000,000 each year is for grants to establish
and support restorative practices initiatives
pursuant to Minnesota Statutes, section
299A.95, subdivision 6. The base for this
appropriation is $2,500,000 beginning in fiscal
year 2026.
new text end
new text begin (h) Ramsey County Youth Treatment
Homes Acquisition and Betterment
new text end
new text begin $5,000,000 the first year is for a grant to
Ramsey County to establish, with input from
community stakeholders, including impacted
youth and families, up to seven intensive
trauma-informed therapeutic treatment homes
in Ramsey County that are licensed by the
Department of Human Services, that are
culturally specific, that are community-based,
and that can be secured. These residential
spaces must provide intensive treatment and
intentional healing for youth as ordered by the
court as part of the disposition of a case in
juvenile court.
new text end
new text begin (i) Ramsey County Violence Prevention
new text end
new text begin $5,000,000 the first year is for a grant to
Ramsey County to award grants to develop
new and further enhance existing
community-based organizational support
through violence prevention and community
wellness grants. Grantees must use the money
to create family support groups and resources
to support families during the time a young
person is placed out of home following a
juvenile delinquency adjudication and support
the family through the period of postplacement
reentry; create community-based respite
options for conflict or crisis de-escalation to
prevent incarceration or further systems
involvement for families; or establish
additional meaningful employment
opportunities for systems-involved youth. This
appropriation is available through June 30,
2027.
new text end
new text begin (j) Office for Missing and Murdered
Indigenous Relatives
new text end
new text begin $274,000 each year is for increased staff and
operating costs of the Office for Missing and
Murdered Indigenous Relatives, the Missing
and Murdered Indigenous Relatives Advisory
Board, and the Gaagige-Mikwendaagoziwag
reward advisory group.
new text end
new text begin (k) Youth Intervention Programs
new text end
new text begin $3,525,000 the first year and $3,526,000 the
second year are for youth intervention
programs under Minnesota Statutes, section
299A.73. The base for this appropriation is
$3,526,000 in fiscal year 2026 and $3,525,000
in fiscal year 2027.
new text end
new text begin (l) Community Crime Intervention and
Prevention Grants
new text end
new text begin $750,000 each year is for community crime
intervention and prevention program grants,
authorized under Minnesota Statutes, section
299A.296. This is a onetime appropriation.
new text end
new text begin (m) Resources for Victims of Crime
new text end
new text begin $1,000,000 each year is for general crime
victim grants to meet the needs of victims of
crime not covered by domestic violence,
sexual assault, or child abuse services. This is
a onetime appropriation.
new text end
new text begin (n) Prosecutor Training
new text end
new text begin $100,000 each year is for a grant to the
Minnesota County Attorneys Association to
be used for prosecutorial and law enforcement
training, including trial school training and
train-the-trainer courses. All training funded
with grant proceeds must contain blocks of
instruction on racial disparities in the criminal
justice system, collateral consequences to
criminal convictions, and trauma-informed
responses to victims. This is a onetime
appropriation.
new text end
new text begin The Minnesota County Attorneys Association
must report to the chairs and ranking minority
members of the legislative committees with
jurisdiction over public safety policy and
finance on the training provided with grant
proceeds, including a description of each
training and the number of prosecutors and
law enforcement officers who received
training. The report is due by February 15,
2025. The report may include trainings
scheduled to be completed after the date of
submission with an estimate of expected
participants.
new text end
new text begin (o) Minnesota Heals
new text end
new text begin $500,000 each year is for the Minnesota Heals
grant program. This is a onetime
appropriation.
new text end
new text begin (p) Sexual Assault Exam Costs
new text end
new text begin $3,967,000 the first year and $3,767,000 the
second year are to reimburse qualified health
care providers for the expenses associated with
medical examinations administered to victims
of criminal sexual conduct as required under
Minnesota Statutes, section 609.35. The base
for this appropriation is $3,771,000 in fiscal
year 2026 and $3,776,000 in fiscal year 2027.
new text end
new text begin (q) First Responder Mental Health
Curriculum
new text end
new text begin $75,000 each year is for a grant to the Adler
graduate school. The grantee must use the
grant to develop a curriculum for a 24-week
certificate to train licensed therapists to
understand the nuances, culture, and stressors
of the work environments of first responders
to allow those therapists to provide effective
treatment to first responders in distress. The
grantee must collaborate with first responders
who are familiar with the psychological,
cultural, and professional issues of their field
to develop the curriculum and promote it upon
completion.
new text end
new text begin The grantee may provide the program online.
new text end
new text begin The grantee must seek to recruit additional
participants from outside the 11-county
metropolitan area.
new text end
new text begin The grantee must create a resource directory
to provide law enforcement agencies with
names of counselors who complete the
program and other resources to support law
enforcement professionals with overall
wellness. The grantee shall collaborate with
the Department of Public Safety and law
enforcement organizations to promote the
directory. This is a onetime appropriation.
new text end
new text begin (r) Pathways to Policing
new text end
new text begin $400,000 each year is for reimbursement
grants to state and local law enforcement
agencies that operate pathway to policing
programs. Applicants for reimbursement
grants may receive up to 50 percent of the cost
of compensating and training program
participants. Reimbursement grants shall be
proportionally allocated based on the number
of grant applications approved by the
commissioner. This is a onetime appropriation.
new text end
new text begin (s) Direct Assistance to Crime Victim
Survivors
new text end
new text begin $5,000,000 each year is to provide grants for
direct services and advocacy for victims of
sexual assault, general crime, domestic
violence, and child abuse. Funding must
support the direct needs of organizations
serving victims of crime by providing: direct
client assistance to crime victims; competitive
wages for direct service staff; hotel stays and
other housing-related supports and services;
culturally responsive programming; prevention
programming, including domestic abuse
transformation and restorative justice
programming; and for other needs of
organizations and crime victim survivors.
Services funded must include services for
victims of crime in underserved communities
most impacted by violence and reflect the
ethnic, racial, economic, cultural, and
geographic diversity of the state. The office
shall prioritize culturally specific programs,
or organizations led and staffed by persons of
color that primarily serve communities of
color, when allocating funds.
new text end
new text begin (t) Racially Diverse Youth
new text end
new text begin $250,000 each year is for grants to
organizations to address racial disparity of
youth using shelter services in the Rochester
and St. Cloud regional areas. Of this amount,
$125,000 each year is to address this issue in
the Rochester area and $125,000 each year is
to address this issue in the St. Cloud area. A
grant recipient shall establish and operate a
pilot program connected to shelter services to
engage in community intervention outreach,
mobile case management, family reunification,
aftercare, and follow up when family members
are released from shelter services. A pilot
program must specifically address the high
number of racially diverse youth that enter
shelters in the regions. This is a onetime
appropriation.
new text end
new text begin (u) Violence Prevention Project Research
Center
new text end
new text begin $500,000 each year is for a grant to the
Violence Prevention Project Research Center,
operating as a 501(c)(3) organization, for
research focused on reducing violence in
society that uses data and analysis to improve
criminal justice-related policy and practice in
Minnesota. Research must place an emphasis
on issues related to deaths and injuries
involving firearms. This is a onetime
appropriation.
new text end
new text begin Beginning January 15, 2025, the Violence
Prevention Project Research Center must
submit an annual report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over public safety
policy and finance on its work and findings.
The report must include a description of the
data reviewed, an analysis of that data, and
recommendations to improve criminal
justice-related policy and practice in
Minnesota with specific recommendations to
address deaths and injuries involving firearms.
new text end
new text begin (v) Report on Approaches to Address Illicit
Drug Use in Minnesota
new text end
new text begin $118,000 each year is to enter into an
agreement with Rise Research LLC for a study
and set of reports on illicit drug use in
Minnesota describing current responses to that
use, reviewing alternative approaches utilized
in other jurisdictions, and making policy and
funding recommendations for a holistic and
effective response to illicit drug use and the
illicit drug trade. The agreement must establish
a budget and schedule with clear deliverables.
This appropriation is onetime.
new text end
new text begin The study must include a review of current
policies, practices, and funding; identification
of alternative approaches utilized effectively
in other jurisdictions; and policy and funding
recommendations for a response to illicit drug
use and the illicit drug trade that reduces and,
where possible, prevents harm and expands
individual and community health, safety, and
autonomy. Recommendations must consider
impacts on public safety, racial equity,
accessibility of health and ancillary supportive
social services, and the intersections between
drug policy and mental health, housing and
homelessness, overdose and infectious disease,
child welfare, and employment.
new text end
new text begin Rise Research may subcontract and coordinate
with other organizations or individuals to
conduct research, provide analysis, and
prepare the reports required by this section.
new text end
new text begin Rise Research shall submit reports to the
chairs and ranking minority members of the
legislative committees with jurisdiction over
public safety finance and policy, human
services finance and policy, health finance and
policy, and judiciary finance and policy. Rise
Research shall submit an initial report by
February 15, 2024, and a final report by March
1, 2025.
new text end
new text begin (w) Legal Representation for Children
new text end
new text begin $150,000 each year is for a grant to an
organization that provides legal representation
for children in need of protection or services
and children in out-of-home placement. The
grant is contingent upon a match in an equal
amount from nonstate funds. The match may
be in kind, including the value of volunteer
attorney time, in cash, or a combination of the
two. These appropriations are in addition to
any other appropriations for the legal
representation of children. This appropriation
is onetime.
new text end
new text begin (x) Pretrial Release Study and Report
new text end
new text begin $250,000 each year are for a grant to the
Minnesota Justice Research Center to study
and report on pretrial release practices in
Minnesota and other jurisdictions, including
but not limited to the use of bail as a condition
of pretrial release. This appropriation is
onetime.
new text end
new text begin (y) Intensive Comprehensive Peace Officer
Education and Training Program
new text end
new text begin $5,000,000 the first year is to implement the
intensive comprehensive peace officer
education and training program described in
Minnesota Statutes, section 626.8516. This
appropriation is available through June 30,
2027.
new text end
new text begin (z) Youth Services Office
new text end
new text begin $250,000 each year is to operate the Youth
Services Office.
new text end
new text begin Subd. 9.new text endnew text beginEmergency Communication Networks | new text begin 77,329,000 new text end | new text begin 70,597,000 new text end |
new text begin Appropriations by Fund new text end | ||
new text begin General new text end | new text begin2,000,000 new text end | new text begin2,000,000 new text end |
new text begin 911 Fund new text end | new text begin75,329,000 new text end | new text begin68,597,000 new text end |
new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services unless
otherwise indicated.
new text end
new text begin (a) Public Safety Answering Points new text end |
new text begin $28,011,000 the first year and $28,011,000
the second year shall be distributed as
provided under Minnesota Statutes, section
403.113, subdivision 2.
new text end
new text begin (b) Transition to Next Generation 911
new text end
new text begin $7,000,000 the first year is to support Public
Safety Answering Points' transition to Next
Generation 911. Funds may be used for
planning, cybersecurity, GIS data collection
and maintenance, 911 call processing
equipment, and new Public Safety Answering
Point technology to improve service delivery.
Funds shall be distributed by October 1, 2023,
as provided in Minnesota Statutes, section
403.113, subdivision 2. Funds are available
until June 30, 2025, and any unspent funds
must be returned to the 911 emergency
telecommunications service account. This is
a onetime appropriation.
new text end
new text begin Each eligible entity receiving these funds must
provide a detailed report on how the funds
were used to the commissioner of public safety
by August 1, 2025.
new text end
new text begin (c) ARMER State Backbone Operating
Costs
new text end
new text begin $10,116,000 the first year and $10,384,000
the second year are transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end
new text begin (d) Statewide Emergency Communications
Board
new text end
new text begin $1,000,000 each year is to the Statewide
Emergency Communications Board. Funds
may be used for operating costs, to provide
competitive grants to local units of
government to fund enhancements to a
communication system, technology, or support
activity that directly provides the ability to
deliver the 911 call between the entry point to
the 911 system and the first responder, and to
further the strategic goals set forth by the
SECB Statewide Communication
Interoperability Plan.
new text end
new text begin (e) Statewide Public Safety Radio
Communication System Equipment Grants
new text end
new text begin $2,000,000 each year from the general fund
is for grants to local units of government,
federally recognized Tribal entities, and state
agencies participating in the statewide Allied
Radio Matrix for Emergency Response
(ARMER) public safety radio communication
system established under Minnesota Statutes,
section 403.36, subdivision 1e. The grants
must be used to purchase or upgrade portable
radios, mobile radios, and related equipment
that is interoperable with the ARMER system.
Each local government unit may receive only
one grant. The grant is contingent upon a
match of at least five percent from nonstate
funds. The director of the Department of
Public Safety Emergency Communication
Networks division, in consultation with the
Statewide Emergency Communications Board,
must administer the grant program. This
appropriation is available until June 30, 2026.
This is a onetime appropriation.
new text end
Sec. 4. new text beginPEACE OFFICER STANDARDS AND | new text begin$ new text end | new text begin12,863,000 new text end | new text begin$ new text end | new text begin12,717,000 new text end |
new text begin (a) Peace Officer Training Reimbursements
new text end
new text begin $2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end
new text begin (b) Additional Staff
new text end
new text begin $1,027,000 the first year and $1,028,000 the
second year are for additional staff and
equipment. The base for this appropriation is
$1,011,000 beginning in fiscal year 2026.
new text end
new text begin (c) Additional Office Space
new text end
new text begin $228,000 the first year and $30,000 the second
year are for additional office space.
new text end
Sec. 5. new text beginPRIVATE DETECTIVE BOARD | new text begin$ new text end | new text begin758,000 new text end | new text begin$ new text end | new text begin688,000 new text end |
Sec. 6. new text beginCORRECTIONS |
new text begin Subdivision 1.new text endnew text beginTotal | new text begin$ new text end | new text begin12,643,000 new text end | new text begin$ new text end | new text begin 797,937,000 new text end | new text begin$ new text end | new text begin 826,661,000 new text end |
new text begin The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2.new text endnew text beginIncarceration and | new text begin$ new text end | new text begin12,643,000 new text end | new text begin$ new text end | new text begin 534,412,000 new text end | new text begin$ new text end | new text begin 561,421,000 new text end |
new text begin (a) Operating Deficiency
new text end
new text begin $12,643,000 in fiscal year 2023 is to meet
financial obligations in fiscal year 2023. This
is a onetime appropriation.
new text end
new text begin (b) Body-worn Camera Program
new text end
new text begin $1,000,000 each year is to create a body-worn
camera program for corrections officers and
intensive supervised release agents. This
appropriation is onetime.
new text end
new text begin (c) ARMER Radio System
new text end
new text begin $1,500,000 each year is to upgrade and
maintain the ARMER radio system within
correctional facilities. This is a onetime
appropriation.
new text end
new text begin (d) Prison Rape Elimination Act
new text end
new text begin $500,000 each year is for Prison Rape
Elimination Act (PREA) compliance.
new text end
new text begin (e) State Corrections Safety and Security
new text end
new text begin $1,932,000 each year is for state corrections
safety and security investments. The base for
this appropriation is $2,625,000 beginning in
fiscal year 2026.
new text end
new text begin (f) Health Services
new text end
new text begin $2,750,000 each year is for increased health
care services. The base for this appropriation
is $3,400,000 beginning in fiscal year 2026.
new text end
new text begin (g) Educational Programming and Support
Services
new text end
new text begin $5,600,000 the first year and $4,000,000 the
second year are for educational programming
and support services. The base for this purpose
is $2,000,000 beginning in fiscal year 2026.
new text end
new text begin (h) Family Support Unit
new text end
new text begin $480,000 each year is for a family support
unit.
new text end
new text begin (i) Inmate Phone Calls
new text end
new text begin $3,100,000 each year is to provide voice
communication services for incarcerated
persons under Minnesota Statutes, section
241.252. Any unencumbered balance
remaining at the end of the first year may be
carried forward into the second year. If this
appropriation is greater than the cost of
providing voice communication services,
remaining funds must be used to offset the
cost of other communication services.
new text end
new text begin (j) Virtual Court Coordination
new text end
new text begin $500,000 each year is for virtual court
coordination and modernization.
new text end
new text begin (k) Supportive Arts for Incarcerated
Persons
new text end
new text begin $425,000 the first year is for supportive arts
for incarcerated persons grants as provided
for in section 17. Of this amount, up to ten
percent is for administration, including facility
space, access, liaison, and monitoring. Any
unencumbered balance remaining at the end
of the first year does not cancel but is available
for this purpose in the second year.
new text end
new text begin (l) Successful Re-entry
new text end
new text begin $375,000 the first year and $875,000 the
second year are for reentry initiatives,
including a culturally specific release program
for Native American incarcerated individuals.
new text end
new text begin (m) Evidence-based Correctional Practices
Unit
new text end
new text begin $750,000 each year is to establish and
maintain a unit to direct and oversee the use
of evidence-based correctional practices across
the department and supervision delivery
systems.
new text end
new text begin (n) Interstate Compact for Adult
Supervision; Transfer Expense
Reimbursement
new text end
new text begin $250,000 each year is for reimbursements
under Minnesota Statutes, section 243.1609.
This is a onetime appropriation.
new text end
new text begin (o) Task Force on Aiding and Abetting
Felony Murder
new text end
new text begin $25,000 the first year is for costs associated
with the revival of the task force on aiding and
abetting felony murder.
new text end
new text begin (p) Incarceration and Prerelease Services
Base Budget
new text end
new text begin The base for incarceration and prerelease
services is $552,775,000 in fiscal year 2026
and $553,043,000 in fiscal year 2027.
new text end
new text begin Subd. 3.new text endnew text beginCommunity | new text begin189,939,000 new text end | new text begin190,953,000 new text end |
new text begin (a) Community Supervision Funding
new text end
new text begin $143,378,000 each year is for community
supervision services. This appropriation shall
be distributed according to the community
supervision formula in Minnesota Statutes,
section 401.10.
new text end
new text begin (b) Tribal Nation Supervision
new text end
new text begin $2,750,000 each year is for Tribal Nations to
provide supervision or supportive services
pursuant to Minnesota Statutes, section
401.10.
new text end
new text begin (c) Postrelease Sex Offender Program
new text end
new text begin $1,915,000 each year is for postrelease sex
offender treatment services and initiatives.
new text end
new text begin (d) Community Supervision Advisory
Committee
new text end
new text begin $75,000 the first year is to fund the community
supervision advisory committee under
Minnesota Statutes, section 401.17.
new text end
new text begin (e) Regional and County Jails Study and
Report
new text end
new text begin $150,000 the first year is to fund the
commissioner's study and report on the
consolidation or merger of county jails and
alternatives to incarceration for persons
experiencing mental health disorders.
new text end
new text begin (f) Work Release Programs
new text end
new text begin $500,000 each year is for work release
programs.
new text end
new text begin (g) County Discharge Plans
new text end
new text begin $80,000 each year is to develop model
discharge plans pursuant to Minnesota
Statutes, section 641.155. This appropriation
is onetime.
new text end
new text begin (h) Housing Initiatives
new text end
new text begin $2,130,000 each year is for housing initiatives
to support stable housing of incarcerated
individuals upon release. The base for this
purpose beginning in fiscal year 2026 is
$1,685,000. Of this amount:
new text end
new text begin (1) $1,000,000 each year is for housing
stabilization prerelease services and program
evaluation. The base for this purpose
beginning in fiscal year 2026 is $760,000;
new text end
new text begin (2) $500,000 each year is for rental assistance
for incarcerated individuals approaching
release, on supervised release, or on probation
who are at risk of homelessness;
new text end
new text begin (3) $405,000 each year is for culturally
responsive trauma-informed transitional
housing. The base for this purpose beginning
in fiscal year 2026 is $200,000; and
new text end
new text begin (4) $225,000 each year is for housing
coordination activities.
new text end
new text begin (i) Community Supervision and Postrelease
Services Base Budget
new text end
new text begin The base for community supervision and
postrelease services is $189,272,000 in fiscal
year 2026 and $189,172,000 in fiscal year
2027.
new text end
new text begin (j) Naloxone
new text end
new text begin $2,000 each year is to purchase naloxone for
supervised release agents to use to respond to
overdoses.
new text end
new text begin Subd. 4.new text endnew text beginOrganizational, Regulatory, and | new text begin73,586,000 new text end | new text begin74,287,000 new text end |
new text begin (a) Public Safety Data Infrastructure
new text end
new text begin $22,914,000 the first year and $22,915,000
the second year are for technology
modernization and the development of an
information-sharing and data-technology
infrastructure. The base for this purpose is
$4,097,000 beginning in fiscal year 2026. Any
unspent funds from the current biennium do
not cancel and are available in the next
biennium.
new text end
new text begin (b) Supervised Release Board
new text end
new text begin $40,000 each year is to establish and operate
the supervised release board pursuant to
Minnesota Statutes, section 244.049.
new text end
new text begin (c) Recruitment and Retention
new text end
new text begin $3,200,000 the first year and $400,000 the
second year are for recruitment and retention
initiatives. Of this amount, $2,800,000 the first
year is for staff recruitment, professional
development, conflict resolution, and staff
wellness, and to contract with community
collaborative partners who specialize in trauma
recovery.
new text end
new text begin (d) Clemency Review Commission
new text end
new text begin $986,000 each year is for the clemency review
commission described in Minnesota Statutes,
section 638.09. Of this amount, $200,000 each
year is for grants to support outreach and
clemency application assistance.
new text end
new text begin (e) Accountability and Transparency
new text end
new text begin $1,000,000 each year is for accountability and
transparency initiatives. The base for this
appropriation is $1,480,000 beginning in fiscal
year 2026.
new text end
new text begin (f) Organizational, Regulatory, and
Administrative Services Base Budget
new text end
new text begin The base for organizational, regulatory, and
administrative services is $55,849,000 in fiscal
year 2026 and $55,649,000 in fiscal year 2027.
new text end
Sec. 7. new text beginOMBUDSPERSON FOR | new text begin$ new text end | new text begin1,105,000 new text end | new text begin$ new text end | new text begin1,099,000 new text end |
Sec. 8. new text beginBOARD OF TRUSTEES OF THE | new text begin$ new text end | new text begin500,000 new text end | new text begin$ new text end | new text begin500,000 new text end |
new text begin $500,000 each year is for transfer to
Metropolitan State University. Of this amount,
$280,000 each year is to provide juvenile
justice services and resources, including the
Juvenile Detention Alternatives Initiative, to
Minnesota counties and federally recognized
Tribes and $220,000 each year is for funding
to local units of government, federally
recognized Tribes, and agencies to support
local Juvenile Detention Alternatives
Initiatives, including but not limited to
Alternatives to Detention. The unencumbered
balance in the first year of the biennium does
not cancel but is available throughout the
biennium.
new text end
Sec. 9. new text beginDEPARTMENT OF NATURAL | new text begin$ new text end | new text begin73,000 new text end | new text begin$ new text end | new text begin9,000 new text end |
new text begin $73,000 the first year and $9,000 the second
year are to provide naloxone and training in
the use of naloxone to conservation officers.
new text end
Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3,
is amended to read:
Subd. 3.Peace Officer Training Assistance |
Philando Castile Memorial Training Fund
$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund."new text begin These funds may only be used
to reimburse costs related to training courses
that qualify for reimbursement under
Minnesota Statutes, sections 626.8452 (use of
force), 626.8469 (training in crisis response,
conflict management, and cultural diversity),
and 626.8474 (autism training).
new text end
Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualificationsdeleted text begin, including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provideddeleted text end; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.
A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.
Each year, if funds are available after
reimbursing all eligible requests for courses
approved by the board under this subdivision,
the board may use the funds to reimburse law
enforcement agencies for other
board-approved law enforcement training
courses. The base for this activity is $0 in
fiscal year 2026 and thereafter.
new text begin $250,000 in fiscal year 2024 is transferred from the general fund to the
Gaagige-Mikwendaagoziwag reward account in the special revenue fund.
new text end
new text begin $70,000,000 in fiscal year 2024 is transferred from the general fund to the community
crime and violence prevention account in the special revenue fund.
new text end
new text begin The community crime and violence prevention account is created in the special revenue
fund consisting of money deposited, donated, allotted, transferred, or otherwise provided
to the account. Of the amount in the account, up to $14,000,000 each year is appropriated
to the commissioner of public safety for purposes specified in Minnesota Statutes, section
299A.296.
new text end
new text begin $10,000,000 in fiscal year 2024 is transferred from the general fund to the crisis response
account in the special revenue fund. Any balance in the account on June 30, 2028, cancels
to the general fund.
new text end
new text begin The crisis response account is created in the special revenue fund consisting of money
deposited, donated, allotted, transferred, or otherwise provided to the account. Of the amount
in the account, up to $2,000,000 in each of fiscal years 2024, 2025, 2026, 2027, and 2028
are appropriated to the commissioner of public safety for grants administered by the Office
of Justice Programs to be awarded to local law enforcement agencies and local governments
to maintain or expand crisis response teams in which social workers or mental health
providers are sent as first responders when calls for service indicate that an individual is
having a mental health crisis.
new text end
new text beginnew text end
new text begin (a) Pursuant to the terms of a grant, the Minnesota Justice Research Center shall study
and report on pretrial release practices in Minnesota and other jurisdictions.
new text end
new text begin (b) The Minnesota Justice Research Center shall examine pretrial release practices in
Minnesota and community perspectives about those practices; conduct a robust study of
pretrial release practices in other jurisdictions to identify effective approaches to pretrial
release that use identified best practices; provide analysis and recommendations describing
if, and how, practices in other jurisdictions could be adopted and implemented in Minnesota,
including but not limited to analysis addressing how changes would impact public safety,
appearance rates, treatment of defendants with different financial means, disparities in
pretrial detention, and community perspectives about pretrial release; and make
recommendations for policy changes for consideration by the legislature.
new text end
new text begin (c) By February 15, 2024, the Minnesota Justice Research Center must provide a
preliminary report to the legislative committees and divisions with jurisdiction over public
safety finance and policy including a summary of the preliminary findings, any legislative
proposals to improve the ability of the Minnesota Justice Research Center to complete its
work, and any proposals for legislation related to pretrial release. The Minnesota Justice
Research Center shall submit a final report to the legislative committees and divisions with
jurisdiction over public safety finance and policy by February 15, 2025. The final report
shall include a description of the Minnesota Justice Research Center's work, findings, and
any legislative proposals.
new text end
new text begin (a) The commissioner of corrections shall establish a supportive arts grant program to
award grants to nonprofit organizations to provide supportive arts programs to incarcerated
persons and persons on supervised release. The supportive arts programs must use the arts,
including but not limited to visual art, poetry, literature, theater, dance, and music, to address
the supportive, therapeutic, and rehabilitative needs of incarcerated persons and persons on
supervised release and promote a safer correctional facility environment and community
environment. The commissioner may not require incarcerated persons and persons on
supervised release to participate in a supportive arts program provided in a correctional
facility or community under a grant.
new text end
new text begin (b) Applicants for grants under this section must submit an application in the form and
manner established by the commissioner. The applicants must describe the arts program to
be offered; how the program is supportive, therapeutic, and rehabilitative for incarcerated
persons and persons on supervised release; and the use of the grant funds.
new text end
new text begin (c) Organizations are not required to apply for or receive grant funds under this section
in order to be eligible to provide supportive arts programming inside the correctional
facilities.
new text end
new text begin (d) By March 1 of each year, the commissioner shall report to the chairs and ranking
members of the legislative committees and divisions having jurisdiction over criminal justice
finance and policy on the implementation, use, and administration of the grant program
established under this section. At a minimum, the report must provide:
new text end
new text begin (1) the names of the organizations receiving grants;
new text end
new text begin (2) the total number of individuals served by all grant recipients, disaggregated by race,
ethnicity, and gender;
new text end
new text begin (3) the names of the correctional facilities and communities where incarcerated persons
and persons on supervised release are participating in supportive arts programs offered
under this section;
new text end
new text begin (4) the total amount of money awarded in grants and the total amount remaining to be
awarded, if any;
new text end
new text begin (5) the amount of money granted to each recipient;
new text end
new text begin (6) a description of the program, mission, goals, and objectives by the organization using
the money; and
new text end
new text begin (7) a description of and measures of success, either qualitative or quantitative.
new text end
new text begin If an appropriation or transfer in this act is enacted more than once during the 2023
regular session, the appropriation or transfer must be given effect only once.
new text end
new text begin(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin (b) "Board" means the State Board of Appellate Counsel and Training.
new text end
new text begin (c) "Juvenile protection matter" means any of the following:
new text end
new text begin (1) child in need of protection or services matters as defined in section 260C.007,
subdivision 6, including habitual truant and runaway matters;
new text end
new text begin (2) neglected and in foster care matters as defined in section 260C.007, subdivision 24;
new text end
new text begin (3) review of voluntary foster care matters as defined in section 260C.141, subdivision
2;
new text end
new text begin (4) review of out-of-home placement matters as defined in section 260C.212;
new text end
new text begin (5) termination of parental rights matters as defined in sections 260C.301 to 260C.328;
and
new text end
new text begin (6) permanent placement matters as defined in sections 260C.503 to 260C.521, including
matters involving termination of parental rights, guardianship to the commissioner of human
services, transfer of permanent legal and physical custody to a relative, permanent custody
to the agency, temporary legal custody to the agency, and matters involving voluntary
placement pursuant to section 260D.07.
new text end
new text begin (d) "Office" means the Statewide Office of Appellate Counsel and Training.
new text end
new text begin(a)
The Statewide Office of Appellate Counsel and Training is established as an independent
state office. The office shall be responsible for:
new text end
new text begin (1) establishing and maintaining a system for providing appellate representation to
parents in juvenile protection matters, as provided in section 260C.163, subdivision 3,
paragraph (c), and in Tribal court jurisdictions;
new text end
new text begin (2) providing training to all parent attorneys practicing in the state on topics relevant to
their practice and establishing practice standards and training requirements for parent
attorneys practicing in the state; and
new text end
new text begin (3) collaborating with the Minnesota Department of Human Services to coordinate and
secure federal Title IV-E support for counties and Tribes interested in accessing federal
funding.
new text end
new text begin (b) The office shall be governed by a board as provided in subdivision 3.
new text end
new text begin(a)
The State Board of Appellate Counsel and Training is established to direct the Statewide
Office of Appellate Counsel and Training. The board shall consist of seven members,
including:
new text end
new text begin (1) four public members appointed by the governor; and
new text end
new text begin (2) three members appointed by the supreme court, at least one of whom must have
experience representing parents in juvenile court and who include two attorneys admitted
to practice law in the state and one public member.
new text end
new text begin (b) The appointing authorities may not appoint any of the following to be a member of
the board:
new text end
new text begin (1) a person who is a judge;
new text end
new text begin (2) a person who is a registered lobbyist;
new text end
new text begin (3) a person serving as a guardian ad litem or counsel for a guardian ad litem;
new text end
new text begin (4) a person who serves as counsel for children in juvenile court;
new text end
new text begin (5) a person under contract with or employed by the Department of Human Services or
a county department of human or social services; or
new text end
new text begin (6) a current city or county attorney or assistant city or county attorney.
new text end
new text begin (c) All members shall demonstrate an interest in maintaining a high quality, independent
appellate defense system for parents in juvenile protection proceedings who are unable to
obtain adequate representation, a robust program for parent attorneys in Minnesota, and an
efficient coordination effort, in collaboration with the Department of Human Services, to
secure and utilize Title IV-E funding. At least one member of the board appointed by the
governor must be a representative from a federally recognized Indian Tribe. No more than
five members of the board may belong to the same political party. At least three members
of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth
Judicial Districts. To the extent practicable, the membership of the board must include
persons with disabilities, reflect the ethnic diversity of the state, take into consideration race
and gender, and include persons from throughout the state. The members shall be well
acquainted with representing parents in district court and appellate proceedings related to
child protection matters as well as the law that affect a parent attorney's work, including
chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil Appellate
Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family Preservation
Act. The terms, compensation, and removal of members shall be as provided in section
15.0575. The members shall elect a chair from among the membership and the chair shall
serve a term of two years.
new text end
new text begin(a) Beginning January 1, 2024, and for every four years after that date,
the board shall appoint a head appellate counsel in charge of executing the responsibilities
of the office who shall provide for sufficient appellate counsel for parents and other personnel
necessary to discharge the functions of the office. The head appellate counsel shall serve a
four-year term and may be removed only for cause upon the order of the board. The head
appellate counsel shall be a full-time qualified attorney, licensed to practice law in this state,
and serve in the unclassified service of the state. Vacancies of the office shall be filled by
the appointing authority for the unexpired term. The head appellate counsel shall devote
full time to the performance of duties and shall not engage in the general practice of law.
The compensation of the head appellate counsel shall be set by the board and shall be
commensurate with county attorneys in the state.
new text end
new text begin (b) Consistent with the decisions of the board, the head appellate counsel shall employ
assistants or hire independent contractors to serve as appellate counsel for parents. Each
assistant appellate counsel and independent contractor serves at the pleasure of the head
appellate counsel. The compensation of assistant appellate counsel and independent
contractors shall be set by the board and shall be commensurate with county attorneys in
the state.
new text end
new text begin (c) A person serving as appellate counsel shall be a qualified attorney licensed to practice
law in this state. A person serving as appellate counsel practicing in Tribal court shall be a
licensed attorney qualified to practice law in Tribal courts in the state. Assistant appellate
counsel and contracted appellate counsel may engage in the general practice of law where
not employed or contracted to provide services on a full-time basis.
new text end
new text begin (d) The head appellate counsel shall, consistent with the responsibilities under subdivision
2, employ or hire the following:
new text end
new text begin (1) one managing appellate attorney;
new text end
new text begin (2) two staff attorneys;
new text end
new text begin (3) one director of training;
new text end
new text begin (4) one program administrator to support Title IV-E reimbursement in collaboration
with the Department of Human Services; and
new text end
new text begin (5) one office administrator.
new text end
new text begin (e) Each employee identified in paragraph (d) serves at the pleasure of the head appellate
counsel. The compensation of each employee shall be set by the board and shall be
commensurate with county attorneys in the state.
new text end
new text begin (f) Any person serving as managing appellate attorney, staff attorney, and director of
training shall be a qualified attorney licensed to practice law in the state.
new text end
new text begin (g) A person serving as the program administrator and office administrator must be
chosen solely on the basis of training, experience, and qualifications.
new text end
new text begin(a) The board shall work cooperatively with the
head appellate counsel to govern the office and provide fiscal oversight.
new text end
new text begin (b) The board shall approve and recommend to the legislature a budget for the board,
the office, and any programs operated by that office.
new text end
new text begin (c) The board shall establish procedures for distribution of funding under this section to
the office and any programs operated by that office.
new text end
new text begin (d) The head appellate counsel with the approval of the board shall establish appellate
program standards, administrative policies, procedures, and rules consistent with statute,
rules of court, and laws that affect appellate counsel's work. The standards must include but
are not limited to:
new text end
new text begin (1) standards needed to maintain and operate an appellate counsel for parents program,
including requirements regarding the qualifications, training, and size of the legal and
supporting staff for an appellate counsel program;
new text end
new text begin (2) standards for appellate counsel caseloads;
new text end
new text begin (3) standards and procedures for the eligibility of appointment, assessment, and collection
of the costs for legal representation provided by appellate counsel;
new text end
new text begin (4) standards for contracts between contracted appellate counsel and the state appellate
counsel program for the legal representation of indigent persons;
new text end
new text begin (5) standards prescribing minimum qualifications of counsel appointed under the board's
authority or by the courts; and
new text end
new text begin (6) standards ensuring the independent, competent, and efficient representation of clients
whose cases present conflicts of interest.
new text end
new text begin (e) The head appellate counsel, with approval of the board, shall establish training
program standards and processes and procedures necessary to carry out the office's
responsibilities for statewide training of parent attorneys, including but not limited to
establishing uniform practice standards and training requirements for all parent attorneys
practicing in the state.
new text end
new text begin (f) The head appellate counsel and the program administrator with approval of the board
shall establish processes and procedures for collaborating with the Department of Human
Services to secure and utilize Title IV-E funds and communicating with counties and Tribes
and any other processes and procedures necessary to carry out the office's responsibilities.
new text end
new text begin (g) The board may:
new text end
new text begin (1) propose statutory changes to the legislature and rule changes to the supreme court
that are in the best interests of the operation of the appellate counsel for parents program;
and
new text end
new text begin (2) require the reporting of statistical data, budget information, and other cost factors
by the appellate counsel for parents program.
new text end
new text beginIn no event shall the board or its members interfere with the
discretion, judgment, or zealous advocacy of counsel in their handling of individual cases
as a part of the judicial branch of government.
new text end
new text beginThe establishment of the office and its
employees and support staff and the board shall be funded by the state of Minnesota.
Minnesota counties and Tribes may utilize this office to provide appellate representation
to indigent parents in their jurisdiction who are seeking an appeal and for assistance in
securing Title IV-E funding through collaboration with the Department of Human Services.
new text end
new text beginIf any of the costs provided by appellate
counsel are assessed and collected or otherwise reimbursed from any source, the State Board
of Appellate Counsel and Training shall deposit payments in a separate account established
in the special revenue fund. The amount credited to this account is appropriated to the State
Board of Appellate Counsel and Training. The balance of this account does not cancel but
is available until expended.
new text end
Minnesota Statutes 2022, section 357.021, subdivision 2, is amended to read:
The fees to be charged and collected by the court administrator
shall be as follows:
(1) In every civil action or proceeding in said court, including any case arising under
the tax laws of the state that could be transferred or appealed to the Tax Court, the plaintiff,
petitioner, or other moving party shall pay, when the first paper is filed for that party in said
action, a fee of $285, except in marriage dissolution actions the fee is $315.
The defendant or other adverse or intervening party, or any one or more of several
defendants or other adverse or intervening parties appearing separately from the others,
shall pay, when the first paper is filed for that party in said action, a fee of $285, except in
marriage dissolution actions the fee is $315. This subdivision does not apply to the filing
of an Application for Discharge of Judgment. Section 548.181 applies to an Application
for Discharge of Judgment.
The party requesting a trial by jury shall pay $100.
The fees above stated shall be the full trial fee chargeable to said parties irrespective of
whether trial be to the court alone, to the court and jury, or disposed of without trial, and
shall include the entry of judgment in the action, but does not include copies or certified
copies of any papers so filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or criminal proceeding, $14deleted text begin, and $8
for an uncertified copydeleted text end.
(3) Issuing a subpoena, $16 for each name.
(4) Filing a motion or response to a motion in civil, family, excluding child support, and
guardianship cases, $75.
(5) Issuing an execution and filing the return thereof; issuing a writ of attachment,
injunction, habeas corpus, mandamus, quo warranto, certiorari, or other writs not specifically
mentioned, $55.
(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment
from another court, $40.
(7) Filing and entering a satisfaction of judgment, partial satisfaction, or assignment of
judgment, $5.
(8) Certificate as to existence or nonexistence of judgments docketed, $5 for each name
certified to.
(9) Filing and indexing trade name; or recording basic science certificate; or recording
certificate of physicians, osteopathic physicians, chiropractors, veterinarians, or optometrists,
$5.
(10) For the filing of each partial, final, or annual account in all trusteeships, $55.
(11) For the deposit of a will, $27.
(12) For recording notary commission, $20.
(13) Filing a motion or response to a motion for modification of child support, a fee of
$50.
(14) All other services required by law for which no fee is provided, such fee as compares
favorably with those herein provided, or such as may be fixed by rule or order of the court.
(15) In addition to any other filing fees under this chapter, a surcharge in the amount of
$75 must be assessed in accordance with section 259.52, subdivision 14, for each adoption
petition filed in district court to fund the fathers' adoption registry under section 259.52.
The fees in clauses (3) and (5) need not be paid by a public authority or the party the
public authority represents. new text beginNo fee may be charged to view or download a publicly available
instrument from a civil or criminal proceeding or for an uncertified copy of that instrument.
new text end
Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:
(a) The commissioner shall formulate policies
to effectuate the purposes of this chapter and shall do the following:
(1) exercise leadership under the direction of the governor in the development of human
rights policies and programs, and make recommendations to the governor and the legislature
for their consideration and implementation;
(2) establish and maintain a principal office in St. Paul, and any other necessary branch
offices at any location within the state;
(3) meet and function at any place within the state;
(4) employ attorneys, clerks, and other employees and agents as the commissioner may
deem necessary and prescribe their duties;
(5) to the extent permitted by federal law and regulation, utilize the records of the
Department of Employment and Economic Development of the state when necessary to
effectuate the purposes of this chapter;
(6) obtain upon request and utilize the services of all state governmental departments
and agencies;
(7) adopt suitable rules for effectuating the purposes of this chapter;
(8) issue complaints, receive and investigate charges alleging unfair discriminatory
practices, and determine whether or not probable cause exists for hearing;
(9) subpoena witnesses, administer oaths, take testimony, and require the production for
examination of any books or papers relative to any matter under investigation or in question
as the commissioner deems appropriate to carry out the purposes of this chapter;
(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate
unfair discriminatory practices as being contrary to the public policy of the state;
(11) develop and conduct programs of formal and informal education designed to
eliminate discrimination and intergroup conflict by use of educational techniques and
programs the commissioner deems necessary;
(12) make a written report of the activities of the commissioner to the governor each
year;
(13) accept gifts, bequests, grants, or other payments public and private to help finance
the activities of the department;
(14) create such local and statewide advisory committees as will in the commissioner's
judgment aid in effectuating the purposes of the Department of Human Rights;
(15) develop such programs as will aid in determining the compliance throughout the
state with the provisions of this chapter, and in the furtherance of such duties, conduct
research and study discriminatory practices based upon race, color, creed, religion, national
origin, sex, age, disability, marital status, status with regard to public assistance, familial
status, sexual orientation, or other factors and develop accurate data on the nature and extent
of discrimination and other matters as they may affect housing, employment, public
accommodations, schools, and other areas of public life;
(16) develop and disseminate technical assistance to persons subject to the provisions
of this chapter, and to agencies and officers of governmental and private agencies;
(17) provide staff services to such advisory committees as may be created in aid of the
functions of the Department of Human Rights;
(18) make grants in aid to the extent that appropriations are made available for that
purpose in aid of carrying out duties and responsibilities; deleted text beginand
deleted text end
(19) cooperate and consult with the commissioner of labor and industry regarding the
investigation of violations of, and resolution of complaints regarding section 363A.08,
subdivision 7deleted text begin.deleted text endnew text begin; and
new text end
new text begin (20) analyze civil rights trends pursuant to this chapter, including information compiled
from community organizations that work directly with historically marginalized communities,
and prepare a report each biennium that recommends policy and system changes to reduce
and prevent further civil rights incidents across Minnesota. The report shall be provided to
the chairs and ranking minority members of the house of representatives and senate
committees with jurisdiction over the Department of Human Rights. This report must also
be posted on the Department of Human Rights' public website and shared with community
organizations that work with historically marginalized communities.
new text end
In performing these duties, the commissioner shall give priority to those duties in clauses
(8), (9), and (10) and to the duties in section 363A.36.
(b) All gifts, bequests, grants, or other payments, public and private, accepted under
paragraph (a), clause (13), must be deposited in the state treasury and credited to a special
account. Money in the account is appropriated to the commissioner of human rights to help
finance activities of the department.
new text beginThis section is effective July 1, 2023, and the commissioner must
provide the first report by February 1, 2025.
new text end
Minnesota Statutes 2022, section 484.85, is amended to read:
(a) In all cases prosecuted in Ramsey County District Court by an attorney for a
municipality or subdivision of government within Ramsey County for violation of a statute;
an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and
forfeitures collected by the court administrator shall be deposited in the state treasury and
distributed according to this paragraph. Except where a different disposition is provided by
section 299D.03, subdivision 5, or other law, on or before the last day of each month, the
court shall pay over all fines, penalties, and forfeitures collected by the court administrator
during the previous month as follows:
deleted text begin (1) for offenses committed within the city of St. Paul,deleted text end two-thirds paid to the treasurer
of the deleted text begincity of St. Pauldeleted text endnew text begin municipality or subdivision of government within Ramsey Countynew text end
and one-third credited to the state general funddeleted text begin; anddeleted text endnew text begin.
new text end
deleted text begin (2) for offenses committed within any other municipality or subdivision of government
within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of
government and one-half credited to the state general fund.
deleted text end
All other fines, penalties, and forfeitures collected by the district court shall be distributed
by the courts as provided by law.
(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a)
when:
(1) a city contracts with the county attorney for prosecutorial services under section
484.87, subdivision 3; or
(2) the attorney general provides assistance to the city attorney under section 484.87,
subdivision 5.
Minnesota Statutes 2022, section 611.23, is amended to read:
The state public defender is responsible to the State Board of Public Defense. The state
public defender shall supervise the operation, activities, policies, and procedures of the
statewide public defender system. When requested by a district public defender or appointed
counsel, the state public defender may assist the district public defender, appointed counsel,
or an organization designated in section 611.216 in the performance of duties, including
trial representation in matters involving legal conflicts of interest or other special
circumstances, and assistance with legal research and brief preparation. The state public
defender shall be appointed by the State Board of Public Defense for a term of four years,
except as otherwise provided in this section, and until a successor is appointed and qualified.
The state public defender shall be a full-time qualified attorney, licensed to practice law in
this state, serve in the unclassified service of the state, and be removed only for cause by
the appointing authority. Vacancies in the office shall be filled by the appointing authority
for the unexpired term. The salary of the state public defender shall be fixed by the State
Board of Public Defense deleted text beginbut must not exceed the salary of a district court judgedeleted text end. Terms of
the state public defender shall commence on July 1. The state public defender shall devote
full time to the performance of duties and shall not engage in the general practice of law.
Minnesota Statutes 2022, section 243.166, subdivision 1b, is amended to read:
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3, paragraph (b); or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph deleted text begin(f)deleted text endnew text begin (h)new text end;
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to an offense or involving similar circumstances to an offense described in clause (1), (2),
or (3), and convicted of or adjudicated delinquent for that offense or another offense arising
out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state similar to
an offense or involving similar circumstances to an offense described in paragraph (a),
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.
new text beginThis section is effective August 1, 2023.
new text end
Minnesota Statutes 2022, section 609.02, subdivision 16, is amended to read:
"Qualified domestic
violence-related offense" includes a violation of or an attempt to violate sections 518B.01,
subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree
murder); 609.19 (second-degree murder);new text begin 609.195, paragraph (a) (third-degree murder);
609.20, clauses (1), (2), and (5) (first-degree manslaughter); 609.205, clauses (1) and (5)
(second-degree manslaughter);new text end 609.221 (first-degree assault); 609.222 (second-degree
assault); 609.223 (third-degree assault); 609.2231 (fourth-degree assault); 609.224
(fifth-degree assault); 609.2242 (domestic assault); 609.2245 (female genital mutilation);
609.2247 (domestic assault by strangulation);new text begin 609.25 (kidnapping); 609.255 (false
imprisonment);new text end 609.342 (first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual conduct); 609.345
(fourth-degree criminal sexual conduct); 609.3458 (sexual extortion); 609.377 (malicious
punishment of a child);new text begin 609.582, subdivision 1, clause (c) (burglary in the first degree);new text end
609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining
order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an
emergency call); 617.261 (nonconsensual dissemination of private sexual images); and
629.75 (violation of domestic abuse no contact order); and similar laws of other states, the
United States, the District of Columbia, tribal lands, and United States territories.
new text beginThis section is effective August 1, 2023.
new text end
Minnesota Statutes 2022, section 609.05, is amended by adding a subdivision to
read:
new text begin(a) A person may not be held criminally liable for a violation of
section 609.185, paragraph (a), clause (3), for a death caused by another unless the person
intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the
other with the intent to cause the death of a human being.
new text end
new text begin (b) A person may not be held criminally liable for a violation of section 609.19,
subdivision 2, clause (1), for a death caused by another unless the person was a major
participant in the underlying felony and acted with extreme indifference to human life.
new text end
new text begin (c) As used in this subdivision, "major participant" means a person who:
new text end
new text begin (1) used a deadly weapon during the commission of the underlying felony or provided
a deadly weapon to another participant where it was reasonably foreseeable that the weapon
would be used in the underlying felony;
new text end
new text begin (2) caused substantial bodily harm to another during the commission of the underlying
felony;
new text end
new text begin (3) coerced or hired a participant to undertake actions in furtherance of the underlying
felony that proximately caused the death, and where it was reasonably foreseeable that such
actions would cause death or great bodily harm; or
new text end
new text begin (4) impeded another person from preventing the death either by physical action or by
threat of physical action where it was reasonably foreseeable that death or great bodily harm
would result.
new text end
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date. The section does not apply to crimes committed before
August 1, 2023.
new text end
Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read:
(a) Whoever assaults anothernew text begin in whole or in
substantial partnew text end because of the victim's or another's actual or perceived race, color, new text beginethnicity,
new text end religion, sex, new text begingender, new text endsexual orientation, new text begingender identity, gender expression, age, national
origin, or new text enddisability as defined in section 363A.03, deleted text beginage, or national origindeleted text endnew text begin or because of the
victim's actual or perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03,new text end may be
sentenced to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both.
(b) Whoever violates the provisions of paragraph (a) within five years of a previous
conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment
for not more than one year and a day or to payment of a fine of not more than $3,000, or
both.
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.2233, is amended to read:
A person who violates section 609.221, 609.222, or 609.223 new text beginin whole or in substantial
partnew text end because of the victim's or another person's actual or perceived race, color, new text beginethnicity,
new text end religion, sex, new text begingender, new text endsexual orientation, new text begingender identity, gender expression, age, national
origin, or new text enddisability as defined in section 363A.03, deleted text beginage, or national origindeleted text endnew text begin or because of the
victim's actual or perceived association with another person or group of a certain actual or
perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity,
gender expression, age, national origin, or disability as defined in section 363A.03,new text end is subject
to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise
applicable.
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
new text begin(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin (b) "Carjacking" means taking a motor vehicle from the person or in the presence of
another while having knowledge of not being entitled to the motor vehicle and using or
threatening the imminent use of force against any person to overcome the person's resistance
or powers of resistance to, or to compel acquiescence in, the taking of the motor vehicle.
new text end
new text begin (c) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, clause (10).
new text end
new text beginWhoever, while committing a carjacking, is armed with a
dangerous weapon or any article used or fashioned in a manner to lead the victim to
reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is
guilty of carjacking in the first degree and may be sentenced to imprisonment for not more
than 20 years or to payment of a fine of not more than $35,000, or both.
new text end
new text beginWhoever, while committing a carjacking, implies, by word or
act, possession of a dangerous weapon, is guilty of carjacking in the second degree and may
be sentenced to imprisonment for not more than 15 years or to payment of a fine of not
more than $30,000, or both.
new text end
new text beginWhoever commits carjacking under any other circumstances is
guilty of carjacking in the third degree and may be sentenced to imprisonment for not more
than ten years or to payment of a fine of not more than $20,000, or both.
new text end
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.25, subdivision 2, is amended to read:
Whoever violates subdivision 1 may be sentenced as follows:
(1) if the victim is released in a safe place without great bodily harm, to imprisonment
for not more than 20 years or to payment of a fine of not more than $35,000, or both; or
(2) deleted text beginif the victim is not released in a safe place, or if the victim suffers great bodily harm
during the course of the kidnapping, or if the person kidnapped is under the age of 16,deleted text end to
imprisonment for not more than 40 years or to payment of a fine of not more than $50,000,
or bothnew text begin if:
new text end
new text begin (i) the victim is not released in a safe place;
new text end
new text begin (ii) the victim suffers great bodily harm during the course of the kidnapping; or
new text end
new text begin (iii) the person kidnapped is under the age of 16new text end.
new text beginThis section is effective August 1, 2023.
new text end
Minnesota Statutes 2022, section 609.269, is amended to read:
Sections 609.2661 to 609.268 do not apply to deleted text beginany act described in section 145.412.deleted text endnew text begin a
person providing reproductive health care offered, arranged, or furnished:
new text end
new text begin (1) for the purpose of terminating a pregnancy; and
new text end
new text begin (2) with the consent of the pregnant individual or the pregnant individual's representative,
except in a medical emergency in which consent cannot be obtained.
new text end
new text beginThis section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:
Whoever commits theft may be sentenced as follows:
(1) to imprisonment for not more than 20 years or to payment of a fine of not more than
$100,000, or both, if the property is a firearm, or the value of the property or services stolen
is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4),
(15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
(2) to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the
property stolen was an article representing a trade secret, an explosive or incendiary device,
or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:
(a) the value of the property or services stolen is more than $1,000 but not more than
$5,000; or
(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant
to section 152.02; or
(c) the value of the property or services stolen is more than $500 but not more than
$1,000 and the person has been convicted within the preceding five years for an offense
under this section, section 256.98; 268.182; 609.24; 609.245;new text begin 609.522;new text end 609.53; 609.582,
subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state,
the United States, or a foreign jurisdiction, in conformity with any of those sections, and
the person received a felony or gross misdemeanor sentence for the offense, or a sentence
that was stayed under section 609.135 if the offense to which a plea was entered would
allow imposition of a felony or gross misdemeanor sentence; or
(d) the value of the property or services stolen is not more than $1,000, and any of the
following circumstances exist:
(i) the property is taken from the person of another or from a corpse, or grave or coffin
containing a corpse; or
(ii) the property is a record of a court or officer, or a writing, instrument or record kept,
filed or deposited according to law with or in the keeping of any public officer or office; or
(iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
(iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property or services stolen is more than $500 but not
more than $1,000; or
(5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), (13), and (19), the value of the money or property or services received by the defendant
in violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
new text begin(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin (b) "Pattern of retail theft" means acts committed or directed by the defendant on at least
two separate occasions in the preceding six months that would constitute a violation of:
new text end
new text begin (1) section 609.52, subdivision 2, paragraph (a), clauses (1), (3), and (4), involving retail
merchandise;
new text end
new text begin (2) section 609.521;
new text end
new text begin (3) section 609.53, subdivision 1, involving retail merchandise;
new text end
new text begin (4) section 609.582 when the building was a retail establishment; or
new text end
new text begin (5) section 609.59.
new text end
new text begin (c) "Retail establishment" means the building where a retailer sells retail merchandise.
new text end
new text begin (d) "Retail merchandise" means all forms of tangible property, without limitation, held
out for sale by a retailer.
new text end
new text begin (e) "Retail theft enterprise" means a group of two or more individuals with a shared goal
involving the unauthorized removal of retail merchandise from a retailer. Retail theft
enterprise does not require the membership of the enterprise to remain the same or that the
same individuals participate in each offense committed by the enterprise.
new text end
new text begin (f) "Retailer" means a person or entity that sells retail merchandise.
new text end
new text begin (g) "Value" means the retail market value at the time of the theft or, if the retail market
value cannot be ascertained, the cost of replacement of the property within a reasonable
time after the theft.
new text end
new text beginA person is guilty of organized retail theft if:
new text end
new text begin (1) the person is employed by or associated with a retail theft enterprise;
new text end
new text begin (2) the person has previously engaged in a pattern of retail theft and intentionally commits
an act or directs another member of the retail theft enterprise to commit an act involving
retail merchandise that would constitute a violation of:
new text end
new text begin (i) section 609.52, subdivision 2, paragraph (a), clauses (1), (3), and (4); or
new text end
new text begin (ii) section 609.53, subdivision 1; and
new text end
new text begin (3) the person or another member of the retail theft enterprise:
new text end
new text begin (i) resells or intends to resell the stolen retail merchandise;
new text end
new text begin (ii) advertises or displays any item of the stolen retail merchandise for sale; or
new text end
new text begin (iii) returns any item of the stolen retail merchandise to a retailer for anything of value.
new text end
new text beginWhoever commits organized retail theft may be sentenced as follows:
new text end
new text begin (1) to imprisonment for not more than 15 years or to payment of a fine of not more than
$35,000, or both, if the value of the property stolen exceeds $5,000;
new text end
new text begin (2) to imprisonment for not more than seven years or to payment of a fine of not more
than $14,000, or both, if either of the following circumstances exist:
new text end
new text begin (i) the value of the property stolen is more than $1,000 but not more than $5,000; or
new text end
new text begin (ii) the value of the property is more than $500 but not more than $1,000 and the person
commits the offense within ten years of the first of two or more convictions under this
section, section 256.98; 268.182; 609.24; 609.245; 609.52; 609.53; 609.582, subdivision
1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United
States, or a foreign jurisdiction, in conformity with any of those sections, and the person
received a felony or gross misdemeanor sentence for the offense, or a sentence that was
stayed under section 609.135 if the offense to which a plea was entered would allow
imposition of a felony or gross misdemeanor sentence;
new text end
new text begin (3) to imprisonment for not more than two years or to payment of a fine of not more
than $5,000, or both, if either of the following circumstances exist:
new text end
new text begin (i) the value of the property stolen is more than $500 but not more than $1,000; or
new text end
new text begin (ii) the value of the property is $500 or less and the person commits the offense within
ten years of a previous conviction under this section, section 256.98; 268.182; 609.24;
609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or
609.821, or a statute from another state, the United States, or a foreign jurisdiction, in
conformity with any of those sections, and the person received a felony or gross misdemeanor
sentence for the offense, or a sentence that was stayed under section 609.135 if the offense
to which a plea was entered would allow imposition of a felony or gross misdemeanor
sentence; or
new text end
new text begin (4) to imprisonment of not more than one year or to payment of a fine of not more than
$3,000, or both, if the value of the property stolen is $500 or less.
new text end
new text beginThe value of the retail merchandise received by the defendant
in violation of this section within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this subdivision; provided that when two
or more offenses are committed by the same person in two or more counties, the accused
may be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this subdivision.
new text end
new text beginIf a violation of this section creates a reasonably foreseeable
risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as
follows:
new text end
new text begin (1) if the penalty is a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to payment of a fine of not more
than $5,000, or both; and
new text end
new text begin (2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent
longer than for the underlying crime.
new text end
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.582, subdivision 3, is amended to read:
new text begin(a) Except as otherwise provided in this section,
new text end whoever enters a building without consent and with intent to steal or commit any felony or
gross misdemeanor while in the building, or enters a building without consent and steals or
commits a felony or gross misdemeanor while in the building, either directly or as an
accomplice, commits burglary in the third degree and may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both.
new text begin (b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the third degree and may be sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
new text end
new text begin (1) the person enters the building within one year after being told to leave the building
and not return; and
new text end
new text begin (2) the person has been convicted within the preceding five years for an offense under
this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625,
609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign
jurisdiction, in conformity with any of those sections, and the person received a felony
sentence for the offense or a sentence that was stayed under section 609.135 if the offense
to which a plea was entered would allow imposition of a felony sentence.
new text end
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.582, subdivision 4, is amended to read:
new text begin(a) new text endWhoever enters a building without consent
and with intent to commit a misdemeanor other than to steal, or enters a building without
consent and commits a misdemeanor other than to steal while in the building, either directly
or as an accomplice, commits burglary in the fourth degree and may be sentenced to
imprisonment for not more than one year or to payment of a fine of not more than $3,000,
or both.
new text begin (b) Whoever enters a building that is open to the public, other than a building identified
in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building
that is open to the public, other than a building identified in subdivision 2, paragraph (b),
and steals while in the building, either directly or as an accomplice, commits burglary in
the fourth degree and may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the person enters the building within
one year after being told to leave the building and not return.
new text end
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read:
(a) Whoever intentionally
causes damage described in subdivision 2, paragraph (a), deleted text beginbecause of the property owner's
or another's actual or perceived race, color, religion, sex, sexual orientation, disability as
defined in section 363A.03, age, or national origindeleted text end is guilty of a felony and may be sentenced
to imprisonment for not more than one year and a day or to payment of a fine of not more
than $3,000, or bothdeleted text begin.deleted text endnew text begin, if the damage:
new text end
new text begin (1) was committed in whole or in substantial part because of the property owner's or
another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as defined in section
363A.03;
new text end
new text begin (2) was committed in whole or in substantial part because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03; or
new text end
new text begin (3) was motivated in whole or in substantial part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03.
new text end
(b) In any prosecution under paragraph (a), the value of property damaged by the
defendant in violation of that paragraph within any six-month period may be aggregated
and the defendant charged accordingly in applying this section. When two or more offenses
are committed by the same person in two or more counties, the accused may be prosecuted
in any county in which one of the offenses was committed for all of the offenses aggregated
under this paragraph.
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read:
(a) Except as otherwise
provided in subdivision 1a, whoever intentionally causes damage to another person's physical
property without the other person's consent may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage
reduces the value of the property by more than $500 but not more than $1,000 as measured
by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle
and the defendant knew the vehicle was a public safety motor vehicle.
(b) Whoever intentionally causes damage to another person's physical property without
the other person's consent deleted text beginbecause of the property owner's or another's actual or perceived
race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age,
or national origindeleted text end may be sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the damage reduces the value of the
property by not more than $500deleted text begin.deleted text endnew text begin and:
new text end
new text begin (1) was committed in whole or in substantial part because of the property owner's or
another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation,
gender identity, gender expression, age, national origin, or disability as defined in section
363A.03;
new text end
new text begin (2) was committed in whole or in substantial part because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03; or
new text end
new text begin (3) was motivated in whole or in substantial part by an intent to intimidate or harm an
individual or group of individuals because of actual or perceived race, color, ethnicity,
religion, sex, gender, sexual orientation, gender identity, gender expression, age, national
origin, or disability as defined in section 363A.03.
new text end
(c) In any prosecution under paragraph (a), clause (1), the value of property damaged
by the defendant in violation of that paragraph within any six-month period may be
aggregated and the defendant charged accordingly in applying this section. When two or
more offenses are committed by the same person in two or more counties, the accused may
be prosecuted in any county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.67, subdivision 1, is amended to read:
(a) "Machine gun" means any firearm designed to discharge,
or capable of discharging automatically more than once by a single function of the trigger.
(b) "Shotgun" means a weapon designed, redesigned, made or remade which is intended
to be fired from the shoulder and uses the energy of the explosive in a fixed shotgun shell
to fire through a smooth bore either a number of ball shot or a single projectile for each
single pull of the trigger.
(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18
inches in length and any weapon made from a shotgun if such weapon as modified has an
overall length less than 26 inches.
(d) "Trigger activator" meansnew text begin:
new text end
new text begin (1)new text end a removable manual or power driven trigger activating device constructed and
designed so that, when attached to a firearm, the rate at which the trigger may be pulled
increases and the rate of fire of the firearm increases to that of a machine gunnew text begin; or
new text end
new text begin (2) a device that allows a semiautomatic firearm to shoot more than one shot with a
single pull of the trigger or by harnessing the recoil of energy of the semiautomatic firearm
to which it is affixed so that the trigger resets and continues firing without additional physical
manipulation of the triggernew text end.
(e) "Machine gun conversion kit" means any part or combination of parts designed and
intended for use in converting a weapon into a machine gun, and any combination of parts
from which a machine gun can be assembled, but does not include a spare or replacement
part for a machine gun that is possessed lawfully under section 609.67, subdivision 3.
new text beginThis section is effective August 1, 2023, and applies to offenses
that occur on or after that date.
new text end
Minnesota Statutes 2022, section 609.67, subdivision 2, is amended to read:
new text begin(a) new text endExcept as otherwise provided herein, whoever owns,
possesses, or operates a machine gun, new text beginor new text endany trigger activator or machine gun conversion
kitdeleted text begin, or a short-barreled shotgundeleted text end may be sentenced to imprisonment for not more than deleted text beginfivedeleted text endnew text begin
20new text end years or to payment of a fine of not more than deleted text begin$10,000deleted text endnew text begin $35,000new text end, or both.
new text begin (b) Except as otherwise provided herein, whoever owns, possesses, or operates a
short-barreled shotgun may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both.
new text end
new text beginThis section is effective August 1, 2023, and applies to offenses
that occur on or after that date.
new text end
Minnesota Statutes 2022, section 609.746, subdivision 1, is amended to read:
(a) A person is guilty of
a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with the privacy of the occupant.
new text begin (e) A person is guilty of a gross misdemeanor who:
new text end
new text begin (1) uses any device for photographing, recording, or broadcasting an image of an
individual in a house or place of dwelling; a sleeping room of a hotel as defined in section
327.70, subdivision 3; a tanning booth; a bathroom; a locker room; a changing room; an
indoor shower facility; or any place where a reasonable person would have an expectation
of privacy; and
new text end
new text begin (2) does so with the intent to photograph, record, or broadcast an image of the individual's
intimate parts, as defined in section 609.341, subdivision 5, without the consent of the
individual.
new text end
new text begin (f) A person is guilty of a misdemeanor who:
new text end
new text begin (1) surreptitiously installs or uses any device for observing, photographing, recording,
or broadcasting an image of an individual's intimate parts, as defined in section 609.341,
subdivision 5, or the clothing covering the immediate area of the intimate parts;
new text end
new text begin (2) observes, photographs, or records the image under or around the individual's clothing;
and
new text end
new text begin (3) does so with intent to intrude upon or interfere with the privacy of the individual.
new text end
deleted text begin (e)deleted text endnew text begin (g)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both, if the person:
(1) violates deleted text beginthis subdivisiondeleted text endnew text begin paragraph (a), (b), (c), (d), or (e)new text end after a previous conviction
under this subdivision or section 609.749; or
(2) violates deleted text beginthis subdivisiondeleted text endnew text begin paragraph (a), (b), (c), (d), or (e)new text end against a minor under the
age of 18, knowing or having reason to know that the minor is present.
deleted text begin (f)deleted text endnew text begin (h)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person
violates paragraph (b) deleted text beginordeleted text endnew text begin,new text end (d)new text begin, or (e)new text end against a minor victim under the age of 18; (2) the
person is more than 36 months older than the minor victim; (3) the person knows or has
reason to know that the minor victim is present; and (4) the violation is committed with
sexual intent.
new text begin (i) A person is guilty of a gross misdemeanor if the person:
new text end
new text begin (1) violates paragraph (f) after a previous conviction under this subdivision or section
609.749; or
new text end
new text begin (2) violates paragraph (f) against a minor under the age of 18, knowing or having reason
to know that the victim is a minor.
new text end
new text begin (j) A person is guilty of a felony if the person violates paragraph (f) after two or more
convictions under this subdivision or section 609.749.
new text end
deleted text begin (g) Paragraphsdeleted text endnew text begin (k) Paragraphnew text end (b) deleted text beginanddeleted text endnew text begin,new text end (d) deleted text begindodeleted text endnew text begin, or (e) doesnew text end not apply to law enforcement
officers or corrections investigators, or to those acting under their direction, while engaged
in the performance of their lawful duties. Paragraphs (c) deleted text beginanddeleted text endnew text begin,new text end (d)new text begin, and (e)new text end do not apply to
conduct in: (1) a medical facility; or (2) a commercial establishment if the owner of the
establishment has posted conspicuous signs warning that the premises are under surveillance
by the owner or the owner's employees.
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read:
(a) A person who commits any of the following acts
is guilty of a felony and may be sentenced to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both:
(1) commits any offense described in subdivision 2 new text beginin whole or in substantial partnew text end because
of the victim's or another's actual or perceived race, color, new text beginethnicity, new text endreligion, sex, new text begingender,
new text end sexual orientation, new text begingender identity, gender expression, age, national origin, or new text enddisability as
defined in section 363A.03, deleted text beginage, or national origindeleted text endnew text begin or because of the victim's actual or
perceived association with another person or group of a certain actual or perceived race,
color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression,
age, national origin, or disability as defined in section 363A.03new text end;
(2) commits any offense described in subdivision 2 by falsely impersonating another;
(3) commits any offense described in subdivision 2 and a dangerous weapon was used
in any way in the commission of the offense;
(4) commits any offense described in subdivision 2 with intent to influence or otherwise
tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial
officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the
court, because of that person's performance of official duties in connection with a judicial
proceeding; or
(5) commits any offense described in subdivision 2 against a victim under the age of
18, if the actor is more than 36 months older than the victim.
(b) A person who commits any offense described in subdivision 2 against a victim under
the age of 18, if the actor is more than 36 months older than the victim, and the act is
committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to
imprisonment for not more than ten years or to payment of a fine of not more than $20,000,
or both.
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 609.78, subdivision 2a, is amended to read:
Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentencednew text begin
as follows:
new text end
new text begin (1)new text end to imprisonment for not more than ten years or to payment of a fine of not more than
$20,000, or both, if the call triggers an emergency response and, as a result of the response,
someone suffers great bodily harm or deathdeleted text begin.deleted text endnew text begin; or
new text end
new text begin (2) to imprisonment of not more than three years or to payment of a fine of not more
than $10,000, or both, if the call triggers an emergency response and as a result of the
response, someone suffers substantial bodily harm.
new text end
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date.
new text end
Minnesota Statutes 2022, section 617.22, is amended to read:
deleted text begin Everydeleted text endnew text begin Anynew text end person who deleted text beginshall endeavordeleted text endnew text begin attemptsnew text end to conceal the birth of a child by any
disposition of its dead body, deleted text beginwhetherdeleted text endnew text begin whennew text end the child died deleted text beginbefore ordeleted text end after its birth, shall be
guilty of a misdemeanor. deleted text beginEvery person who, having been convicted of endeavoring to
conceal the stillbirth of any issue, or the death of any issue under the age of two years, shall,
subsequent to that conviction, endeavor to conceal any subsequent birth or death, shall be
punished by imprisonment for not more than five years.deleted text endnew text begin This section does not apply to the
disposition of remains resulting from an abortion or miscarriage.
new text end
new text beginThis section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 617.26, is amended to read:
Every person who shall deposit or cause to be deposited in any post office in the state,
or place in charge of any express company or other common carrier or person for
transportation, any of the articles or things specified in section deleted text begin617.201 ordeleted text end 617.241, or any
circular, book, pamphlet, advertisement or notice relating thereto, with the intent of having
the same conveyed by mail, express, or in any other manner; or who shall knowingly or
willfully receive the same with intent to carry or convey it, or shall knowingly carry or
convey the same by express, or in any other manner except by United States mail, shall be
guilty of a misdemeanor. The provisions of this section deleted text beginand section 617.201deleted text end shall not be
construed to apply to an article or instrument used by physicians lawfully practicing, or by
their direction or prescription, for the cure or prevention of disease.
new text beginThis section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 628.26, is amended to read:
(a) Indictments or complaints for any crime resulting in the death of the victim may be
found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or made
at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made at
any time after the commission of the offense if the victim was under the age of 18 at the
time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim was 18
years of age or older at the time of the offense, or 609.42, subdivision 1, clause (1) or (2),
shall be found or made and filed in the proper court within six years after the commission
of the offense.
(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and
609.3458 may be found or made at any time after the commission of the offense.
(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision
2, paragraph (a), clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
(g) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2,
paragraph (a), clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where
the value of the property or services stolen is more than $35,000, or for violation of section
609.527 where the offense involves eight or more direct victims or the total combined loss
to the direct and indirect victims is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
(h) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
(i) Indictments or complaints for violation of sections 609.561 to 609.563, shall be found
or made and filed in the proper court within five years after the commission of the offense.
new text begin (j) Indictments or complaints for violation of section 609.746 shall be found or made
and filed in the proper court within the later of three years after the commission of the
offense or three years after the offense was reported to law enforcement authorities.
new text end
deleted text begin (j)deleted text endnew text begin (k)new text end In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
deleted text begin (k)deleted text endnew text begin (l)new text end The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
deleted text begin (l)deleted text endnew text begin (m)new text end The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
deleted text begin (m)deleted text endnew text begin (n)new text end The limitations periods contained in this section shall not include any period of
time during which physical evidence relating to the offense was undergoing DNA analysis,
as defined in section 299C.155, unless the defendant demonstrates that the prosecuting or
law enforcement agency purposefully delayed the DNA analysis process in order to gain
an unfair advantage.
new text beginThis section is effective August 1, 2023, and applies to crimes
committed on or after that date and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2023.
new text end
new text begin (a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2, 3,
4, and 5, are revived and reenacted on the effective date of this section to expand the focus
of the task force's duties and work beyond the intersection of felony murder and aiding and
abetting liability for felony murder to more generally apply to the broader issues regarding
the state's felony murder doctrine and aiding and abetting liability schemes discussed in
"Task Force on Aiding and Abetting Felony Murder," Report to the Minnesota Legislature,
dated February 1, 2022, "The Task Force's recommendations," number 4.
new text end
new text begin (b) On or before January 15, 2024, the task force shall submit a report to the chairs and
ranking minority members of the house of representatives and senate committees and
divisions with jurisdiction over crime and sentencing on the findings and recommendations
of the task force.
new text end
new text begin (c) The task force expires January 16, 2024, or the day after submitting its report under
paragraph (b), whichever is earlier.
new text end
new text beginThis section is effective August 1, 2023.
new text end
new text beginAny person convicted of a violation of Minnesota Statutes,
section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), under the
theory of liability for crimes of another and who is in the custody of the commissioner of
corrections or under court supervision is entitled to petition to have the person's conviction
vacated pursuant to this section.
new text end
new text beginAs used in this section, "major participant" has the meaning given
in Minnesota Statutes, section 609.05, subdivision 2a, paragraph (c).
new text end
new text begin(a) By December 1, 2023, the commissioner of corrections shall
notify individuals convicted for a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (3), or 609.19, subdivision 2, clause (1), of the right to file a preliminary
application for relief if:
new text end
new text begin (1) the person was convicted for a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), and the person:
new text end
new text begin (i) did not cause the death of a human being; and
new text end
new text begin (ii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being; or
new text end
new text begin (2) the person was convicted for a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), and the person:
new text end
new text begin (i) did not cause the death of a human being; and
new text end
new text begin (ii) was not a major participant in the underlying felony and did not act with extreme
indifference to human life.
new text end
new text begin (b) The notice shall include the address of the Ramsey County District Court court
administration.
new text end
new text begin (c) The commissioner of corrections may coordinate with the judicial branch to establish
a standardized notification form.
new text end
new text begin(a) An applicant shall submit a preliminary application
to the Ramsey County District Court. The preliminary application must contain:
new text end
new text begin (1) the applicant's name and, if different, the name under which the person was convicted;
new text end
new text begin (2) the applicant's date of birth;
new text end
new text begin (3) the district court case number of the case for which the person is seeking relief;
new text end
new text begin (4) a statement as to whether the applicant was convicted following a trial or pursuant
to a plea;
new text end
new text begin (5) a statement as to whether the person filed a direct appeal from the conviction, a
petition for postconviction relief, or both;
new text end
new text begin (6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled
to relief under this section from a conviction for the death of a human being caused by
another; and
new text end
new text begin (7) the name and address of any attorney representing the applicant.
new text end
new text begin (b) The preliminary application may contain:
new text end
new text begin (1) the name, date of birth, and district court case number of any other person charged
with, or convicted of, a crime arising from the same set of circumstances for which the
applicant was convicted; and
new text end
new text begin (2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence
investigation or life imprisonment report, describing the facts of the case for which the
applicant was convicted.
new text end
new text begin (c) The judicial branch may establish a standardized preliminary application form, but
shall not reject a preliminary application for failure to use a standardized form.
new text end
new text begin (d) Any person seeking relief under this section must submit a preliminary application
no later than October 1, 2025. Submission is complete upon mailing.
new text end
new text begin (e) Submission of a preliminary application shall be without costs or any fees charged
to the applicant.
new text end
new text begin(a) Upon receipt of a preliminary
application, the court administrator of the Ramsey County District Court shall immediately
direct attention of the filing thereof to the chief judge or judge acting on the chief judge's
behalf who shall promptly assign the matter to a judge in said district.
new text end
new text begin (b) The judicial branch may appoint a special master to review preliminary applications
and may assign additional staff as needed to assist in the review of preliminary applications.
new text end
new text begin (c) Within 90 days of the Ramsey County District Court receiving the preliminary
application, the reviewing judge shall determine whether, in the discretion of that judge,
there is a reasonable probability that the application is entitled to relief under this section.
new text end
new text begin (d) In making the determination under paragraph (c), the reviewing judge shall consider
the preliminary application and any materials submitted with the preliminary application
and may consider relevant records in the possession of the judicial branch.
new text end
new text begin (e) The court may summarily deny an application when:
new text end
new text begin (1) the application does not contain the information required under subdivision 4,
paragraph (a);
new text end
new text begin (2) the applicant is not in the custody of the commissioner of corrections or under court
supervision;
new text end
new text begin (3) the applicant was not convicted of a violation of Minnesota Statutes, section 609.185,
paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), for crimes committed before
August 1, 2023; or
new text end
new text begin (4) the issues raised in the application are not relevant to the relief available under this
section or have previously been decided by the court of appeals or the supreme court in the
same case.
new text end
new text begin (f) The court may also summarily deny an application if the applicant has filed a second
or successive preliminary application, any prior application was denied for a reason other
than that it did not contain the information required under subdivision 4, paragraph (a), and:
new text end
new text begin (1) the reviewing judge previously determined that there was a reasonable probability
that the applicant was entitled to relief, but a court determined that the petitioner did not
qualify for relief under subdivision 7;
new text end
new text begin (2) a previous application was submitted by an attorney representing the applicant; or
new text end
new text begin (3) the reviewing judge previously determined that there was not a reasonable probability
that the applicant is entitled to relief, the second or successive preliminary application does
not contain any additional information described in subdivision 4, paragraph (b), and the
second or successive preliminary application was submitted by someone other than an
attorney representing the applicant.
new text end
new text begin (g) If the reviewing judge determines that there is a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In
the event the applicant is without counsel, the reviewing judge shall send notice to the state
public defender and shall advise the applicant of the referral.
new text end
new text begin (h) If the reviewing judge determines that there is not a reasonable probability that the
applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's
attorney, if any. The notice must contain a brief statement explaining the reasons the
reviewing judge concluded that there is not a reasonable probability that the applicant is
entitled to relief.
new text end
new text begin(a) Unless extended for good cause, within 60
days of filing of the notice sent pursuant to subdivision 5, paragraph (g), the individual
seeking relief shall file and serve a petition to vacate the conviction. The petition must be
filed in the district court of the judicial district in the county where the conviction took place
and must contain the information identified in subdivision 4, paragraph (a), and a statement
of why the petitioner is entitled to relief. The petition may contain any other relevant
information, including police reports, trial transcripts, and plea transcripts involving the
petitioner or any other person investigated for, charged with, or convicted of a crime arising
out of the same set of circumstances for which the petitioner was convicted. The filing of
the petition and any document subsequent thereto and all proceedings thereon shall be
without costs or any fees charged to the petitioner.
new text end
new text begin (b) Upon filing of the petition, the prosecutor shall make a good faith and reasonable
effort to notify any person determined to be a victim of the underlying offense that a petition
has been filed.
new text end
new text begin (c) A county attorney representing the prosecutorial office shall respond to the petition
by answer or motion within 45 days after the filing of the petition pursuant to paragraph (a)
unless extended for good cause. The response shall be filed with the court administrator of
the district court and served on the petitioner if unrepresented or on the petitioner's attorney.
The response may serve notice of the intent to support the petition or include a statement
explaining why the petitioner is not entitled to relief along with any supporting documents.
The filing of the response and any document subsequent thereto and all proceedings thereon
shall be without costs or any fees charged to the county attorney.
new text end
new text begin (d) The petitioner may file a reply to the response filed by the county attorney within
15 days after the response is filed, unless extended for good cause.
new text end
new text begin (e) Within 30 days of the filing of the reply from the petition or, if no reply is filed,
within 30 days of the filing of the response from the county attorney, the court shall:
new text end
new text begin (1) issue an order and schedule the matter for sentencing or resentencing pursuant to
subdivision 7 if the county attorney indicates an intent to support the petition;
new text end
new text begin (2) issue an order denying the petition if additional information or submissions establish
that there is not a reasonable probability that the applicant is entitled to relief under this
section and include a memorandum identifying the additional information or submissions
and explaining the reasons why the court concluded that there is not a reasonable probability
that the applicant is entitled to relief; or
new text end
new text begin (3) schedule the matter for a hearing and issue any appropriate order regarding submission
of evidence or identification of witnesses.
new text end
new text begin (f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes,
section 590.04, except that the petitioner must be present at the hearing, unless excused
under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor
shall make a good faith and reasonable effort to notify any person determined to be a victim
of the hearing.
new text end
new text begin(a) A petitioner who was convicted of
a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to
relief if the petitioner shows by a preponderance of the evidence that the petitioner:
new text end
new text begin (1) did not cause the death of a human being; and
new text end
new text begin (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure
another with the intent to cause the death of a human being.
new text end
new text begin (b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19,
subdivision 2, clause (1), is entitled to relief if the petitioner shows by a preponderance of
the evidence that the petitioner:
new text end
new text begin (1) did not cause the death of a human being; and
new text end
new text begin (2) was not a major participant in the underlying felony and did not act with extreme
indifference to human life.
new text end
new text begin (c) If the court determines that the petitioner does not qualify for relief, the court shall
issue an order denying the petition. If the court determines that the petitioner is entitled to
relief, the court shall issue an order vacating the conviction for a violation of Minnesota
Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1),
and either:
new text end
new text begin (1) resentence the petitioner for the most serious remaining offense for which the
petitioner was convicted; or
new text end
new text begin (2) enter a conviction and impose a sentence for any other predicate felony arising out
of the course of conduct that served as the factual basis for the conviction vacated by the
court.
new text end
new text begin (d) The new sentence announced by the court under this section must be for the most
serious predicate felony unless the most serious remaining offense for which the petitioner
was convicted is that offense or a more serious offense.
new text end
new text begin (e) If, pursuant to paragraph (c), the court either resentences a petitioner or imposes a
sentence, the court shall also resentence the petitioner for any other offense if the sentence
was announced by a district court of the same county, the sentence was either ordered to
be served consecutively to the vacated conviction or the criminal history calculation for
that sentence included the vacated sentence, and the changes made pursuant to paragraph
(c) would have resulted in a different criminal history score being used at the time of
sentencing.
new text end
new text begin (f) The court shall state in writing or on the record the reasons for its decision on the
petition.
new text end
new text begin (g) If the court intends to resentence a petitioner or impose a sentence on a petitioner,
the court must hold the hearing at a time that allows any victim an opportunity to submit a
statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make
a good faith and reasonable effort to notify any person determined to be a victim of the
hearing and the right to submit or make a statement. A sentence imposed under this
subdivision shall not increase the petitioner's total period of confinement or, if the petitioner
was serving a stayed sentence, increase the period of supervision. The court may increase
the period of confinement for a sentence that was ordered to be served consecutively to the
vacated conviction based on a change in the appropriate criminal history score provided the
court does not increase the petitioner's total period of confinement. A person resentenced
under this paragraph is entitled to credit for time served in connection with the vacated
offense.
new text end
new text begin (h) Relief granted under this section shall not be treated as an exoneration for purposes
of the Incarceration and Exoneration Remedies Act.
new text end
new text beginThis section is effective August 1, 2023.
new text end
new text begin Minnesota Statutes 2022, sections 609.293, subdivisions 1 and 5; 609.34; 609.36; 617.20;
617.201; 617.202; 617.21; 617.28; and 617.29,new text endnew text begin are repealed.
new text end
new text beginThis section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 144.6586, subdivision 2, is amended to read:
The commissioners of health and public safety, in
consultation with sexual assault victim advocates and health care professionals, shall develop
the notice required by subdivision 1. The notice must inform the victim, at a minimum, of:
(1) the obligation under section 609.35 of the deleted text begincounty where the criminal sexual conduct
occurreddeleted text endnew text begin statenew text end to pay for the examination performed for the purpose of gathering evidence,
that payment is not contingent on the victim reporting the criminal sexual conduct to law
enforcement, and that the victim may incur expenses for treatment of injuries;
(2) the victim's rights if the crime is reported to law enforcement, including the victim's
right to apply for reparations under sections 611A.51 to 611A.68, information on how to
apply for reparations, and information on how to obtain an order for protection or a
harassment restraining order; and
(3) the opportunity under section 611A.27 to obtain status information about an
unrestricted sexual assault examination kit, as defined in section 299C.106, subdivision 1,
paragraph (h).
Minnesota Statutes 2022, section 145.4712, is amended to read:
(a) It shall be the
standard of care for all hospitals new text beginand other health care providers new text endthat provide emergency
care to, at a minimum:
(1) provide each female sexual assault victim with medically and factually accurate and
unbiased written and oral information about emergency contraception from the American
College of Obstetricians and Gynecologists and distributed to all hospitals by the Department
of Health;
(2) orally inform each female sexual assault victim of the option of being provided with
emergency contraception at the hospitalnew text begin or other health care facilitynew text end; and
(3) immediately provide emergency contraception to each sexual assault victim who
requests it provided it is not medically contraindicated and is ordered by a legal prescriber.
Emergency contraception shall be administered in accordance with current medical protocols
regarding timing and dosage necessary to complete the treatment.
(b) A hospital new text beginor health care provider new text endmay administer a pregnancy test. If the pregnancy
test is positive, the hospital new text beginor health care provider new text enddoes not have to comply with the
provisions in paragraph (a).
It shall be the
standard of care for all hospitals new text beginand health care providers new text endthat provide emergency care to,
at a minimum:
(1) provide each sexual assault victim with factually accurate and unbiased written and
oral medical information about prophylactic antibiotics for treatment of sexually transmitted
deleted text begin diseasesdeleted text endnew text begin infectionsnew text end;
(2) orally inform each sexual assault victim of the option of being provided prophylactic
antibiotics for treatment of sexually transmitted deleted text begindiseasesdeleted text endnew text begin infectionsnew text end at the hospitalnew text begin or other
health care facilitynew text end; and
(3) immediately provide prophylactic antibiotics for treatment of sexually transmitted
deleted text begin diseasesdeleted text endnew text begin infectionsnew text end to each sexual assault victim who requests it, provided it is not medically
contraindicated and is ordered by a legal prescriber.
Minnesota Statutes 2022, section 169A.40, subdivision 3, is amended to read:
new text begin(a) new text endNotwithstanding rule 6.01 of
the Rules of Criminal Procedure, a peace officer acting without a warrant who has decided
to proceed with the prosecution of a person for violating section 169A.20 (driving while
impaired), shall arrest and take the person into custodydeleted text begin, and the person must be detained
until the person's first court appearance,deleted text end if the officer has reason to believe that the violation
occurred:
(1) under the circumstances described in section 169A.24 (first-degree driving while
impaired) deleted text beginordeleted text endnew text begin;
new text end
new text begin (2) under the circumstances described in sectionnew text end 169A.25 (second-degree driving while
impaired);
deleted text begin (2)deleted text endnew text begin (3)new text end under the circumstances described in section 169A.26 (third-degree driving while
impaired) if the person is under the age of 19;
deleted text begin (3)deleted text endnew text begin (4)new text end in the presence of an aggravating factor described in section 169A.03, subdivision
3, clause (2) or (3); or
deleted text begin (4)deleted text endnew text begin (5)new text end while the person's driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (10) (persons not eligible for drivers' licenses, inimical
to public safety).
new text begin (b) A person described in paragraph (a), clause (1) or (5), must be detained until the
person's first court appearance.
new text end
new text beginThis section is effective the day following final enactment.
new text end
Minnesota Statutes 2022, section 169A.41, subdivision 1, is amended to read:
When a peace officer has reason to believe from the
manner in which a person is driving, operating, controlling, or acting upon departure from
a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may
be violating or has violated section 169A.20 (driving while impaired),