SF 2986

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to crime and crime prevention; narrowing the 
  1.3             definition of "juvenile petty offender"; lowering the 
  1.4             age for certifying certain juvenile offenders to adult 
  1.5             court and for designating certain juvenile offenders 
  1.6             as extended jurisdiction juveniles; opening juvenile 
  1.7             court delinquency hearings to the public; permitting 
  1.8             victims of delinquent acts to attend juvenile court 
  1.9             proceedings; providing mandatory civil penalties for 
  1.10            liquor licensees who sell alcoholic beverages to 
  1.11            underage persons; requiring liquor licensees to ask 
  1.12            for age verification from persons under the age of 26; 
  1.13            providing that persons convicted of a third violent 
  1.14            felony shall be sentenced to life imprisonment; 
  1.15            requiring the bureau of criminal apprehension to 
  1.16            collect and maintain computerized data relating to the 
  1.17            conditions of conditional release of convicted 
  1.18            offenders; regulating the awarding of jail credit to 
  1.19            certain offenders; providing felony penalties for 
  1.20            recklessly discharging a firearm outside of a 
  1.21            municipality; authorizing peace officers to apprehend 
  1.22            and detain a person on conditional release under 
  1.23            certain circumstances; authorizing procedures for 
  1.24            securing the appearance of material witnesses in 
  1.25            criminal cases and investigations; specifying that the 
  1.26            prosecution may reply in rebuttal to the closing 
  1.27            argument of the defense; appropriating money for 
  1.28            innovative court programs; amending Minnesota Statutes 
  1.29            1996, sections 244.05, subdivisions 4 and 5; 260.015, 
  1.30            subdivision 21; 260.125, subdivision 1; 260.126, 
  1.31            subdivisions 1 and 4; 260.155, subdivision 1; 299C.06; 
  1.32            299C.09; 340A.415; 340A.503, subdivision 6; 609.152, 
  1.33            subdivision 2a; 609.66, subdivision 1a; and 629.34, 
  1.34            subdivision 1; Minnesota Statutes 1997 Supplement, 
  1.35            section 631.07; proposing coding for new law in 
  1.36            Minnesota Statutes, chapters 299C; 609; and 629; 
  1.37            repealing Minnesota Statutes 1996, sections 629.54; 
  1.38            and 629.55. 
  1.39  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.40                             ARTICLE 1
  1.41                            JUVENILE LAW
  1.42     Section 1.  Minnesota Statutes 1996, section 260.015, 
  2.1   subdivision 21, is amended to read: 
  2.2      Subd. 21.  [JUVENILE PETTY OFFENDER; JUVENILE PETTY 
  2.3   OFFENSE.] (a) "Juvenile petty offense" includes a juvenile 
  2.4   alcohol offense, a juvenile controlled substance offense, a 
  2.5   violation of section 609.685, or a violation of a local 
  2.6   ordinance, which by its terms prohibits conduct by a child under 
  2.7   the age of 18 years which would be lawful conduct if committed 
  2.8   by an adult.  
  2.9      (b) Except as otherwise provided in paragraph (c), 
  2.10  "juvenile petty offense" also includes an offense that would be 
  2.11  a misdemeanor if committed by an adult.  
  2.12     (c) "Juvenile petty offense" does not include any of the 
  2.13  following: 
  2.14     (1) a misdemeanor-level violation of section 588.20, 
  2.15  609.224, 609.2242, 609.324, 609.563, 609.576, 609.66, or 617.23; 
  2.16     (2) a major traffic offense or an adult court traffic 
  2.17  offense, as described in section 260.193; 
  2.18     (3) a misdemeanor-level offense committed by a child whom 
  2.19  the juvenile court previously has found to have committed a 
  2.20  misdemeanor, gross misdemeanor, or felony offense; or 
  2.21     (4) a misdemeanor-level offense committed by a child whom 
  2.22  the juvenile court has found to have committed a 
  2.23  misdemeanor-level juvenile petty offense on two one or more 
  2.24  prior occasions or who has been referred to a pretrial diversion 
  2.25  program on one or more prior occasions for a misdemeanor-level 
  2.26  juvenile petty offense, unless the county attorney designates 
  2.27  the child on the petition as a juvenile petty offender 
  2.28  notwithstanding this prior record.  As used in this clause, 
  2.29  "misdemeanor-level juvenile petty offense" includes a 
  2.30  misdemeanor-level offense that would have been a juvenile petty 
  2.31  offense if it had been committed on or after July 1, 1995.  
  2.32     (d) A child who commits a juvenile petty offense is a 
  2.33  "juvenile petty offender." 
  2.34     Sec. 2.  Minnesota Statutes 1996, section 260.125, 
  2.35  subdivision 1, is amended to read: 
  2.36     Subdivision 1.  When a child is alleged to have committed, 
  3.1   after becoming 14 years of age, an offense that would be a 
  3.2   felony if committed by an adult, The juvenile court may enter an 
  3.3   order certifying the proceeding for action under the laws and 
  3.4   court procedures controlling adult criminal violations under 
  3.5   either of the following circumstances: 
  3.6      (1) when a child is alleged to have committed, after 
  3.7   becoming 14 years of age, an offense that would be a felony if 
  3.8   committed by an adult; or 
  3.9      (2) when a child is alleged to have committed, after 
  3.10  becoming 12 years of age, a felony-level offense that would 
  3.11  result in a presumptive commitment to prison under the 
  3.12  sentencing guidelines and applicable statutes if the offense had 
  3.13  been committed by an adult. 
  3.14     Sec. 3.  Minnesota Statutes 1996, section 260.126, 
  3.15  subdivision 1, is amended to read: 
  3.16     Subdivision 1.  [DESIGNATION.] A proceeding involving a 
  3.17  child alleged to have committed a felony offense is an extended 
  3.18  jurisdiction juvenile prosecution if: 
  3.19     (1) the child was 14 to 17 years old at the time of the 
  3.20  alleged offense, a certification hearing was held, and the court 
  3.21  designated the proceeding an extended jurisdiction juvenile 
  3.22  prosecution; 
  3.23     (2) the child was 12 to 15 years old at the time of the 
  3.24  alleged offense, the child is alleged to have committed murder 
  3.25  in the first degree, and the prosecutor designated in the 
  3.26  delinquency petition that the proceeding is an extended 
  3.27  jurisdiction juvenile prosecution.  This clause does not apply 
  3.28  to a child who is alleged to have committed attempted murder in 
  3.29  the first degree; 
  3.30     (3) the child was 16 or 17 years old at the time of the 
  3.31  alleged offense; the child is alleged to have committed an 
  3.32  offense for which the sentencing guidelines and applicable 
  3.33  statutes presume a commitment to prison or to have committed any 
  3.34  felony in which the child allegedly used a firearm; and the 
  3.35  prosecutor designated in the delinquency petition that the 
  3.36  proceeding is an extended jurisdiction juvenile prosecution; or 
  4.1      (3) (4) the child was 14 to 17 years old at the time of the 
  4.2   alleged offense, the prosecutor requested that the proceeding be 
  4.3   designated an extended jurisdiction juvenile prosecution, a 
  4.4   hearing was held on the issue of designation, and the court 
  4.5   designated the proceeding an extended jurisdiction juvenile 
  4.6   prosecution. 
  4.7      Sec. 4.  Minnesota Statutes 1996, section 260.126, 
  4.8   subdivision 4, is amended to read: 
  4.9      Subd. 4.  [DISPOSITION.] (a) If an extended jurisdiction 
  4.10  juvenile prosecution results in a guilty plea or finding of 
  4.11  guilt, the court shall: 
  4.12     (1) impose one or more juvenile dispositions under section 
  4.13  260.185; and 
  4.14     (2) impose an adult criminal sentence, the execution of 
  4.15  which shall be stayed on the condition that the offender not 
  4.16  violate the provisions of the disposition order and not commit a 
  4.17  new offense. 
  4.18     (b) If a child prosecuted as an extended jurisdiction 
  4.19  juvenile after designation by the prosecutor in the delinquency 
  4.20  petition is convicted of an offense after trial that is not an 
  4.21  offense described in subdivision 1, clause (2) or (3), the court 
  4.22  shall adjudicate the child delinquent and order a disposition 
  4.23  under section 260.185.  If the extended jurisdiction juvenile 
  4.24  proceeding results in a guilty plea for an offense not described 
  4.25  in subdivision 1, clause (2) or 3, the court may impose a 
  4.26  disposition under paragraph (a) if the child consents. 
  4.27     Sec. 5.  Minnesota Statutes 1996, section 260.155, 
  4.28  subdivision 1, is amended to read: 
  4.29     Subdivision 1.  [GENERAL.] (a) Except for hearings arising 
  4.30  under section 260.261, hearings on any matter shall be without a 
  4.31  jury and may be conducted in an informal manner, except that a 
  4.32  child who is prosecuted as an extended jurisdiction juvenile has 
  4.33  the right to a jury trial on the issue of guilt.  The rules of 
  4.34  evidence promulgated pursuant to section 480.0591 and the law of 
  4.35  evidence shall apply in adjudicatory proceedings involving a 
  4.36  child alleged to be delinquent, an extended jurisdiction 
  5.1   juvenile, or a juvenile petty offender, and hearings conducted 
  5.2   pursuant to section 260.125 except to the extent that the rules 
  5.3   themselves provide that they do not apply.  In all adjudicatory 
  5.4   proceedings involving a child alleged to be in need of 
  5.5   protection or services, the court shall admit only evidence that 
  5.6   would be admissible in a civil trial.  To be proved at trial, 
  5.7   allegations of a petition alleging a child to be in need of 
  5.8   protection or services must be proved by clear and convincing 
  5.9   evidence. 
  5.10     (b) Except for proceedings involving a child alleged to be 
  5.11  in need of protection or services and petitions for the 
  5.12  termination of parental rights, hearings may be continued or 
  5.13  adjourned from time to time.  In proceedings involving a child 
  5.14  alleged to be in need of protection or services and petitions 
  5.15  for the termination of parental rights, hearings may not be 
  5.16  continued or adjourned for more than one week unless the court 
  5.17  makes specific findings that the continuance or adjournment is 
  5.18  in the best interests of the child.  If a hearing is held on a 
  5.19  petition involving physical or sexual abuse of a child who is 
  5.20  alleged to be in need of protection or services or neglected and 
  5.21  in foster care, the court shall file the decision with the court 
  5.22  administrator as soon as possible but no later than 15 days 
  5.23  after the matter is submitted to the court.  When a continuance 
  5.24  or adjournment is ordered in any proceeding, the court may make 
  5.25  any interim orders as it deems in the best interests of the 
  5.26  minor in accordance with the provisions of sections 260.011 to 
  5.27  260.301. 
  5.28     (c) Except as otherwise provided in this paragraph, the 
  5.29  court shall exclude the general public from hearings under this 
  5.30  chapter and shall admit only those persons who, in the 
  5.31  discretion of the court, have a direct interest in the case or 
  5.32  in the work of the court.  The court shall permit the victim of 
  5.33  a child's delinquent act to attend any delinquency proceeding 
  5.34  the victim chooses, except that the court may exclude the victim:
  5.35     (1) as a witness under rule 26.03, subdivision 7, of the 
  5.36  Rules of Criminal Procedure; and 
  6.1      (2) from portions of a certification hearing to discuss 
  6.2   psychological material or other evidence that would not be 
  6.3   accessible to the public in an adult proceeding. 
  6.4   The court shall open the hearings to the public in delinquency 
  6.5   or extended jurisdiction juvenile proceedings where the child is 
  6.6   alleged to have committed an offense a delinquent act or has 
  6.7   been proven to have committed an offense that would be a felony 
  6.8   if committed by an adult a delinquent act and the child was at 
  6.9   least 16 14 years of age at the time of the offense delinquent 
  6.10  act, except that the court may exclude the public from portions 
  6.11  of a certification hearing to discuss psychological material or 
  6.12  other evidence that would not be accessible to the public in an 
  6.13  adult proceeding. 
  6.14     (d) In all delinquency cases a person named in the charging 
  6.15  clause of the petition as a person directly damaged in person or 
  6.16  property shall be entitled, upon request, to be notified by the 
  6.17  court administrator in writing, at the named person's last known 
  6.18  address, of (1) the date of the certification or adjudicatory 
  6.19  hearings, and (2) the disposition of the case. 
  6.20     (e) Adoption hearings shall be conducted in accordance with 
  6.21  the provisions of laws relating to adoptions. 
  6.22     Sec. 6.  Minnesota Statutes 1996, section 340A.415, is 
  6.23  amended to read: 
  6.24     340A.415 [LICENSE REVOCATION OR SUSPENSION; CIVIL PENALTY.] 
  6.25     Subdivision 1.  [GENERALLY.] On a finding that the license 
  6.26  or permit holder has (1) sold alcoholic beverages to another 
  6.27  retail licensee for the purpose of resale, (2) purchased 
  6.28  alcoholic beverages from another retail licensee for the purpose 
  6.29  of resale, (3) conducted or permitted the conduct of gambling on 
  6.30  the licensed premises in violation of the law, (4) failed to 
  6.31  remove or dispose of alcoholic beverages when ordered by the 
  6.32  commissioner to do so under section 340A.508, subdivision 3, or 
  6.33  (5) failed to comply with an applicable statute, rule, or 
  6.34  ordinance relating to alcoholic beverages, the commissioner or 
  6.35  the authority issuing a retail license or permit under this 
  6.36  chapter may revoke the license or permit, suspend the license or 
  7.1   permit for up to 60 days, impose a civil penalty of up to $2,000 
  7.2   for each violation, or impose any combination of these 
  7.3   sanctions.  No suspension or revocation takes effect until the 
  7.4   license or permit holder has been given an opportunity for a 
  7.5   hearing under sections 14.57 to 14.69 of the administrative 
  7.6   procedure act.  This section does not require a political 
  7.7   subdivision to conduct the hearing before an employee of the 
  7.8   office of administrative hearings.  Imposition of a penalty or 
  7.9   suspension by either the issuing authority or the commissioner 
  7.10  does not preclude imposition of an additional penalty or 
  7.11  suspension by the other so long as the total penalty or 
  7.12  suspension does not exceed the stated maximum.  
  7.13     Subd. 2.  [MANDATORY PENALTIES; SALES TO UNDERAGE 
  7.14  PURCHASERS.] (a) A licensee that sells alcoholic beverages to a 
  7.15  person in violation of section 340A.503, subdivision 2, must be 
  7.16  charged a civil penalty of $1,000 for each violation.  No 
  7.17  penalty may be imposed until the licensee has been given an 
  7.18  opportunity for a hearing as provided in subdivision 1.  This 
  7.19  civil penalty is in addition to any other criminal or 
  7.20  administrative sanctions that may be applicable to the 
  7.21  licensee's conduct. 
  7.22     (b) The licensing authority shall use at least one-half of 
  7.23  the proceeds of any civil penalty collected under this 
  7.24  subdivision to fund compliance checks to test licensee 
  7.25  compliance with section 340A.503, subdivision 2, clause (1).  
  7.26  Compliance checks must involve persons who are at least 17 years 
  7.27  of age but under the age of 21, who attempt to purchase 
  7.28  alcoholic beverages under the direct supervision of a law 
  7.29  enforcement officer or an employee of the licensing authority. 
  7.30     Sec. 7.  Minnesota Statutes 1996, section 340A.503, 
  7.31  subdivision 6, is amended to read: 
  7.32     Subd. 6.  [PROOF OF AGE; DEFENSE.] (a) Proof of age for 
  7.33  purchasing or consuming alcoholic beverages may be established 
  7.34  only by one of the following: 
  7.35     (1) a valid driver's license or identification card issued 
  7.36  by Minnesota, another state, or a province of Canada, and 
  8.1   including the photograph and date of birth of the licensed 
  8.2   person; 
  8.3      (2) a valid military identification card issued by the 
  8.4   United States Department of Defense; or 
  8.5      (3) in the case of a foreign national, from a nation other 
  8.6   than Canada, by a valid passport. 
  8.7      (b) Every person licensed under this chapter must verify, 
  8.8   by means of representations of proof of age authorized under 
  8.9   paragraph (a), that no person purchasing alcoholic beverages is 
  8.10  under the age of 21 years.  Verification under this paragraph is 
  8.11  not required for any purchaser over the age of 26. 
  8.12     (c) In a prosecution under subdivision 2, clause (1), it is 
  8.13  a defense for the defendant to prove by a preponderance of the 
  8.14  evidence that the defendant reasonably and in good faith relied 
  8.15  upon representations of proof of age authorized in paragraph (a) 
  8.16  in selling, bartering, furnishing, or giving the alcoholic 
  8.17  beverage. 
  8.18     Sec. 8.  [APPROPRIATION; PROPERTY CRIME COURT PILOT 
  8.19  PROJECT.] 
  8.20     $1,000,000 is appropriated from the general fund to the 
  8.21  fourth judicial district for the fiscal year ending June 30, 
  8.22  1998, to be used to implement an innovative court project to 
  8.23  improve the administration of justice with respect to 
  8.24  misdemeanor crimes which specifically affect the quality of life 
  8.25  in the community.  This sum is available until expended. 
  8.26     Sec. 9.  [EFFECTIVE DATE.] 
  8.27     Sections 1 to 4, 6, and 7 are effective August 1, 1998, and 
  8.28  apply to violations committed on or after that date.  Section 5 
  8.29  is effective August 1, 1998, and applies to proceedings 
  8.30  conducted on or after that date.  Section 8 is effective July 1, 
  8.31  1998. 
  8.32                             ARTICLE 2
  8.33                     CRIMINAL LAW AND PROCEDURE
  8.34     Section 1.  Minnesota Statutes 1996, section 244.05, 
  8.35  subdivision 4, is amended to read: 
  8.36     Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
  9.1   serving a mandatory life sentence under section 609.184 must not 
  9.2   be given supervised release under this section.  An inmate 
  9.3   serving a mandatory life sentence under section 609.185, clause 
  9.4   (1), (3), (5), or (6); 609.152, subdivision 2a; or 609.346, 
  9.5   subdivision 2a, must not be given supervised release under this 
  9.6   section without having served a minimum term of 30 years.  An 
  9.7   inmate serving a mandatory life sentence under section 609.385 
  9.8   must not be given supervised release under this section without 
  9.9   having served a minimum term of imprisonment of 17 years. 
  9.10     Sec. 2.  Minnesota Statutes 1996, section 244.05, 
  9.11  subdivision 5, is amended to read: 
  9.12     Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The 
  9.13  commissioner of corrections may, under rules promulgated by the 
  9.14  commissioner, give supervised release to an inmate serving a 
  9.15  mandatory life sentence under section 609.185, clause (1), (3), 
  9.16  (5), or (6); 609.152, subdivision 2a; 609.346, subdivision 2a; 
  9.17  or 609.385 after the inmate has served the minimum term of 
  9.18  imprisonment specified in subdivision 4. 
  9.19     (b) The commissioner shall require the preparation of a 
  9.20  community investigation report and shall consider the findings 
  9.21  of the report when making a supervised release decision under 
  9.22  this subdivision.  The report shall reflect the sentiment of the 
  9.23  various elements of the community toward the inmate, both at the 
  9.24  time of the offense and at the present time.  The report shall 
  9.25  include the views of the sentencing judge, the prosecutor, any 
  9.26  law enforcement personnel who may have been involved in the 
  9.27  case, and any successors to these individuals who may have 
  9.28  information relevant to the supervised release decision.  The 
  9.29  report shall also include the views of the victim and the 
  9.30  victim's family unless the victim or the victim's family chooses 
  9.31  not to participate. 
  9.32     (c) The commissioner shall make reasonable efforts to 
  9.33  notify the victim, in advance, of the time and place of the 
  9.34  inmate's supervised release review hearing.  The victim has a 
  9.35  right to submit an oral or written statement at the review 
  9.36  hearing.  The statement may summarize the harm suffered by the 
 10.1   victim as a result of the crime and give the victim's 
 10.2   recommendation on whether the inmate should be given supervised 
 10.3   release at this time.  The commissioner must consider the 
 10.4   victim's statement when making the supervised release decision. 
 10.5      (d) As used in this subdivision, "victim" means the 
 10.6   individual who suffered harm as a result of the inmate's crime 
 10.7   or, if the individual is deceased, the deceased's surviving 
 10.8   spouse or next of kin. 
 10.9      Sec. 3.  Minnesota Statutes 1996, section 299C.06, is 
 10.10  amended to read: 
 10.11     299C.06 [DIVISION POWERS AND DUTIES; LOCAL OFFICERS TO 
 10.12  COOPERATE.] 
 10.13     It shall be the duty of all sheriffs, chiefs of police, 
 10.14  city marshals, constables, prison wardens, superintendents of 
 10.15  insane hospitals, reformatories and correctional schools, 
 10.16  probation and parole officers, school attendance officers, 
 10.17  coroners, county attorneys, court clerks, the commissioner of 
 10.18  public safety, the commissioner of transportation, and the state 
 10.19  fire marshal to furnish to the division statistics and 
 10.20  information regarding the number of crimes reported and 
 10.21  discovered, arrests made, complaints, informations, and 
 10.22  indictments, filed and the disposition made of same, pleas, 
 10.23  convictions, acquittals, probations granted or 
 10.24  denied, conditions of conditional release, receipts, transfers, 
 10.25  and discharges to and from prisons, reformatories, correctional 
 10.26  schools, and other institutions, paroles granted and revoked, 
 10.27  commutation of sentences and pardons granted and rescinded, and 
 10.28  all other data useful in determining the cause and amount of 
 10.29  crime in this state and to form a basis for the study of crime, 
 10.30  police methods, court procedure, and penal problems. Such 
 10.31  statistics and information shall be furnished upon the request 
 10.32  of the division and upon such forms as may be prescribed and 
 10.33  furnished by it.  The division shall have the power to inspect 
 10.34  and prescribe the form and substance of the records kept by 
 10.35  those officials from which the information is so furnished. 
 10.36     Sec. 4.  Minnesota Statutes 1996, section 299C.09, is 
 11.1   amended to read: 
 11.2      299C.09 [SYSTEM FOR IDENTIFICATION OF CRIMINALS; RECORDS 
 11.3   AND INDEXES.] 
 11.4      The bureau shall install systems for identification of 
 11.5   criminals, including the fingerprint system, the modus operandi 
 11.6   system, the conditional release data system, and such others as 
 11.7   the superintendent deems proper.  The bureau shall keep a 
 11.8   complete record and index of all information received in 
 11.9   convenient form for consultation and comparison.  The bureau 
 11.10  shall obtain from wherever procurable and file for record finger 
 11.11  and thumb prints, measurements, photographs, plates, outline 
 11.12  pictures, descriptions, modus operandi statements, conditions of 
 11.13  conditional release, or such other information as the 
 11.14  superintendent considers necessary, of persons who have been or 
 11.15  shall hereafter be convicted of a felony, gross misdemeanor, or 
 11.16  an attempt to commit a felony or gross misdemeanor, within the 
 11.17  state, or who are known to be habitual criminals.  To the extent 
 11.18  that the superintendent may determine it to be necessary, the 
 11.19  bureau shall obtain like information concerning persons 
 11.20  convicted of a crime under the laws of another state or 
 11.21  government, the central repository of this records system is the 
 11.22  bureau of criminal apprehension in St. Paul. 
 11.23     Sec. 5.  [299C.147] [CONDITIONAL RELEASE DATA SYSTEM.] 
 11.24     Subdivision 1.  [DEFINITION.] As used in this section, 
 11.25  "conditional release" means probation, conditional release, and 
 11.26  supervised release. 
 11.27     Subd. 2.  [ESTABLISHMENT.] The bureau shall administer and 
 11.28  maintain a computerized data system for the purpose of assisting 
 11.29  criminal justice agencies in monitoring and enforcing the 
 11.30  conditions of conditional release imposed on criminal offenders 
 11.31  by a sentencing court or the commissioner of corrections.  The 
 11.32  data in the system are private data as defined in section 13.02, 
 11.33  subdivision 12, but are accessible to criminal justice agencies 
 11.34  as defined in section 13.02, subdivision 3a, and to criminal 
 11.35  justice agencies in other states in the conduct of their 
 11.36  official duties. 
 12.1      Subd. 3.  [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only 
 12.2   criminal justice agencies may submit data to and obtain data 
 12.3   from the conditional release data system. 
 12.4      Subd. 4.  [RULES.] The bureau shall adopt rules to provide 
 12.5   for the orderly collection, entry, retrieval, and deletion of 
 12.6   data contained in the conditional release data system. 
 12.7      Sec. 6.  [609.146] [COMPUTATION OF JAIL CREDIT.] 
 12.8      An offender is entitled to a reduction in the offender's 
 12.9   term of imprisonment for time spent in custody in a correctional 
 12.10  facility before the date of sentencing or probation revocation 
 12.11  only when the time was spent in custody in connection with the 
 12.12  offense or behavioral incident for which the offender's sentence 
 12.13  is being imposed or probation is being revoked. 
 12.14     Sec. 7.  Minnesota Statutes 1996, section 609.152, 
 12.15  subdivision 2a, is amended to read: 
 12.16     Subd. 2a.  [DANGEROUS REPEAT OFFENDERS; MANDATORY MINIMUM 
 12.17  LIFE SENTENCE.] Unless a longer mandatory minimum sentence is 
 12.18  otherwise required by law or the court imposes a longer 
 12.19  aggravated durational departure under subdivision 2, A person 
 12.20  who is convicted of a violent crime that is a felony must be 
 12.21  committed to the commissioner of corrections for a mandatory 
 12.22  sentence of at least the length of the presumptive sentence 
 12.23  under the sentencing guidelines sentenced to imprisonment for 
 12.24  life, notwithstanding the statutory maximum sentence otherwise 
 12.25  applicable to the offense, if the court determines on the record 
 12.26  at the time of sentencing that the person has two or more prior 
 12.27  felony convictions for violent crimes.  The court shall impose 
 12.28  and execute the prison sentence regardless of whether the 
 12.29  guidelines presume an executed prison sentence.  For purposes of 
 12.30  this subdivision, "violent crime" does not include a violation 
 12.31  of section 152.023 or 152.024.  Any person convicted and 
 12.32  sentenced as required by this subdivision is not eligible for 
 12.33  probation, parole, discharge, or work release, until that person 
 12.34  has served the full term of imprisonment as provided by law, 
 12.35  notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12, 
 12.36  and 609.135. 
 13.1      Sec. 8.  Minnesota Statutes 1996, section 609.66, 
 13.2   subdivision 1a, is amended to read: 
 13.3      Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
 13.4   DISCHARGE.] (a) Whoever does any of the following is guilty of a 
 13.5   felony and may be sentenced as provided in paragraph (b): 
 13.6      (1) sells or has in possession any device designed to 
 13.7   silence or muffle the discharge of a firearm; 
 13.8      (2) intentionally discharges a firearm under circumstances 
 13.9   that endanger the safety of another; or 
 13.10     (3) recklessly discharges a firearm within a municipality. 
 13.11     (b) A person convicted under paragraph (a) may be sentenced 
 13.12  as follows: 
 13.13     (1) if the act was a violation of paragraph (a), clause 
 13.14  (2), or if the act was a violation of paragraph (a), clause (1) 
 13.15  or (3), and was committed in a public housing zone, as defined 
 13.16  in section 152.01, subdivision 19, a school zone, as defined in 
 13.17  section 152.01, subdivision 14a, or a park zone, as defined in 
 13.18  section 152.01, subdivision 12a, to imprisonment for not more 
 13.19  than five years or to payment of a fine of not more than 
 13.20  $10,000, or both; or 
 13.21     (2) otherwise, to imprisonment for not more than two years 
 13.22  or to payment of a fine of not more than $5,000, or both. 
 13.23     Sec. 9.  Minnesota Statutes 1996, section 629.34, 
 13.24  subdivision 1, is amended to read: 
 13.25     Subdivision 1.  [PEACE OFFICERS AND CONSTABLES.] (a) A 
 13.26  peace officer, as defined in section 626.84, subdivision 1, 
 13.27  clause (c), or a constable, as defined in section 367.40, 
 13.28  subdivision 3, who is on or off duty within the jurisdiction of 
 13.29  the appointing authority, or on duty outside the jurisdiction of 
 13.30  the appointing authority pursuant to section 629.40, may arrest 
 13.31  a person without a warrant as provided under paragraph (c). 
 13.32     (b) A part-time peace officer, as defined in section 
 13.33  626.84, subdivision 1, clause (f), who is on duty within the 
 13.34  jurisdiction of the appointing authority, or on duty outside the 
 13.35  jurisdiction of the appointing authority pursuant to section 
 13.36  629.40 may arrest a person without a warrant as provided under 
 14.1   paragraph (c).  
 14.2      (c) A peace officer, constable, or part-time peace officer 
 14.3   who is authorized under paragraph (a) or (b) to make an arrest 
 14.4   without a warrant may do so under the following circumstances: 
 14.5      (1) when a public offense has been committed or attempted 
 14.6   in the officer's or constable's presence; 
 14.7      (2) when the person arrested has committed a felony, 
 14.8   although not in the officer's or constable's presence; 
 14.9      (3) when a felony has in fact been committed, and the 
 14.10  officer or constable has reasonable cause for believing the 
 14.11  person arrested to have committed it; 
 14.12     (4) upon a charge based upon reasonable cause of the 
 14.13  commission of a felony by the person arrested; 
 14.14     (5) under the circumstances described in clause (2), (3), 
 14.15  or (4), when the offense is a gross misdemeanor violation of 
 14.16  section 609.52, 609.595, 609.631, 609.749, or 609.821; or 
 14.17     (6) under circumstances described in clause (2), (3), or 
 14.18  (4), when the offense is a violation of a restraining order or 
 14.19  no contact order previously issued by a court; or 
 14.20     (7) upon reasonable cause that a person on conditional 
 14.21  release or supervised release has violated a term of the 
 14.22  person's conditional release or supervised release, regardless 
 14.23  of whether an apprehend and detain order has been issued for the 
 14.24  person under section 243.05, subdivision 1; 244.19, subdivision 
 14.25  4; or 401.02, subdivision 4.  A person arrested under this 
 14.26  clause must be brought before a judge or judicial officer 
 14.27  without unnecessary delay and, in any event, within 48 hours 
 14.28  from the time of arrest.  "Conditional release" has the meaning 
 14.29  given in section 401.01, subdivision 2.  "Supervised release" 
 14.30  has the meaning given in section 244.01, subdivision 7. 
 14.31     (d) To make an arrest authorized under this subdivision, 
 14.32  the officer or constable may break open an outer or inner door 
 14.33  or window of a dwelling house if, after notice of office and 
 14.34  purpose, the officer or constable is refused admittance. 
 14.35     Sec. 10.  [629.551] [MATERIAL WITNESS; PROCEDURES FOR 
 14.36  COMPELLING ATTENDANCE AT HEARING.] 
 15.1      Subdivision 1.  [DEFINITIONS.] As used in this section, the 
 15.2   following terms have the meanings given them. 
 15.3      (a) "Material witness" means a person who has information 
 15.4   material to the prosecution or defense of a crime. 
 15.5      (b) "Material witness order" means a court order fixing the 
 15.6   conditions necessary to secure the appearance of a person who 
 15.7   has information material to the prosecution or defense of a 
 15.8   pending criminal complaint or indictment or a pending criminal 
 15.9   investigation before a grand jury and who is unlikely to respond 
 15.10  to a subpoena. 
 15.11     Subd. 2.  [APPLICATION FOR MATERIAL WITNESS ORDER.] (a) A 
 15.12  prosecutor or a defendant in a criminal action may apply to the 
 15.13  district court for an order compelling a person to appear at a 
 15.14  material witness hearing if there is probable cause to believe 
 15.15  that: 
 15.16     (1) the person has information material to the prosecution 
 15.17  or defense of a pending criminal complaint or indictment or a 
 15.18  pending criminal investigation before a grand jury; and 
 15.19     (2) the person is unlikely to respond to a subpoena. 
 15.20  The application may be accompanied by an application for an 
 15.21  arrest warrant when the applicant has probable cause to believe 
 15.22  that the person will not appear at the material witness hearing 
 15.23  unless arrested. 
 15.24     (b) The application shall include a copy of any pending 
 15.25  criminal complaint or indictment and an affidavit containing: 
 15.26     (1) the name and address of the person alleged to be a 
 15.27  material witness; 
 15.28     (2) a summary of the facts believed to be known by the 
 15.29  alleged material witness and the relevance of these facts to the 
 15.30  pending criminal case or investigation; 
 15.31     (3) a summary of the facts supporting the belief that the 
 15.32  person possesses information material to the pending criminal 
 15.33  case or investigation; and 
 15.34     (4) a summary of the facts supporting the claim that the 
 15.35  alleged material witness is unlikely to respond to a subpoena. 
 15.36     (c) If the application requests an arrest warrant, the 
 16.1   affidavit shall explain why an immediate arrest is necessary. 
 16.2      Subd. 3.  [ORDER TO APPEAR.] If the judge finds probable 
 16.3   cause to believe that a material witness order should be issued 
 16.4   against the person named in the application, the judge may order 
 16.5   the person to appear at a hearing to determine whether the 
 16.6   person should be declared a material witness.  The order to 
 16.7   appear and a copy of the application shall be served personally 
 16.8   on the alleged material witness at least 48 hours before the 
 16.9   hearing, excluding weekends and holidays, unless the judge 
 16.10  adjusts the time period for good cause.  The order shall advise 
 16.11  the person of the time and place of the hearing and of the 
 16.12  person's right to be represented by an attorney or to have an 
 16.13  attorney appointed at public expense if the person cannot afford 
 16.14  one. 
 16.15     Subd. 4.  [ARREST WARRANT.] (a) The judge may issue an 
 16.16  arrest warrant if the judge finds, by clear and convincing 
 16.17  evidence, that the person named in the application will not be 
 16.18  available as a witness unless taken into custody immediately.  
 16.19  The arrest warrant shall require that the person be brought 
 16.20  before the judge immediately after the arrest.  
 16.21     (b) When the person is brought before the judge, the judge 
 16.22  shall inform the person of the reason for the arrest, the time 
 16.23  and place of the material witness hearing, and the person's 
 16.24  right to an attorney and to have an attorney appointed at public 
 16.25  expense if the person cannot afford one. 
 16.26     (c) The judge shall set conditions for the person's release 
 16.27  unless the judge finds, by clear and convincing evidence, that 
 16.28  the person will not be available as a witness unless confined.  
 16.29  If the judge makes this finding, it may order that the person be 
 16.30  confined until the material witness hearing is held, provided 
 16.31  that the hearing is held within 48 hours of the arrest, 
 16.32  excluding weekends and holidays. 
 16.33     Subd. 5.  [ARREST WITHOUT WARRANT.] (a) A peace officer may 
 16.34  arrest an alleged material witness without a warrant only if: 
 16.35     (1) the arrest occurs before the filing of a criminal 
 16.36  complaint or indictment or the initiation of a criminal 
 17.1   investigation before a grand jury; and 
 17.2      (2) the peace officer has probable cause to believe that: 
 17.3      (i) a crime has been committed; 
 17.4      (ii) the alleged material witness has information material 
 17.5   to the prosecution of that crime; 
 17.6      (iii) the alleged material witness will refuse to cooperate 
 17.7   with the officer in the investigation of that crime; and 
 17.8      (iv) the delay necessary to obtain an arrest warrant or 
 17.9   order to appear would result in the unavailability of the 
 17.10  alleged material witness. 
 17.11     (b) Following the warrantless arrest of an alleged material 
 17.12  witness, the peace officer shall bring the person immediately 
 17.13  before a judge.  The judge shall determine whether there is 
 17.14  probable cause to believe that: 
 17.15     (1) the person is a material witness; and 
 17.16     (2) a criminal complaint or indictment will be issued or a 
 17.17  criminal investigation will be commenced by a grand jury within 
 17.18  48 hours of the person's arrest, excluding weekends and holidays.
 17.19  If the judge finds a probable cause basis for both these facts, 
 17.20  the judge shall proceed as if an application for a warrant had 
 17.21  been made under subdivision 4. 
 17.22     Subd. 6.  [MATERIAL WITNESS HEARING.] (a) An alleged 
 17.23  material witness has the following rights at the material 
 17.24  witness hearing: 
 17.25     (1) the right to be represented by an attorney and to have 
 17.26  an attorney appointed at public expense if the person cannot 
 17.27  afford one; 
 17.28     (2) the right to be heard and to present evidence and 
 17.29  witnesses; 
 17.30     (3) the right to have all of the evidence considered by the 
 17.31  judge in support of the application; and 
 17.32     (4) the right to confront and cross-examine witnesses. 
 17.33     (b) The judge shall determine that a person is a material 
 17.34  witness if the judge finds at the hearing that there is probable 
 17.35  cause to believe that the person has information material to the 
 17.36  prosecution or defense of a pending criminal complaint or 
 18.1   indictment or a criminal investigation before a grand jury and 
 18.2   that the person is unlikely to respond to a subpoena. 
 18.3      Subd. 7.  [CONDITIONS OF RELEASE; CONFINEMENT.] (a) Except 
 18.4   as otherwise provided in paragraph (b), the judge shall set 
 18.5   conditions of release for a material witness or a person held on 
 18.6   application for a material witness order.  These conditions of 
 18.7   release are governed by rule 6.02 of the Rules of Criminal 
 18.8   Procedure and shall be the least restrictive conditions 
 18.9   available to ensure the person's appearance as a material 
 18.10  witness. 
 18.11     (b) The judge may order that the material witness be 
 18.12  confined if the judge finds, by clear and convincing evidence, 
 18.13  that confinement is the only method that will secure the 
 18.14  material witness's appearance.  However, the judge also shall 
 18.15  fix an amount of money bail without other conditions upon which 
 18.16  the person may obtain release.  A person who is confined under 
 18.17  this paragraph shall be paid witness fees and expenses as 
 18.18  provided by section 357.24.  When the interests of justice 
 18.19  require, the judge may order that additional payments be made to 
 18.20  a confined material witness, not exceeding the person's actual 
 18.21  financial loss resulting from the confinement.  The party 
 18.22  obtaining the material witness order shall bear the cost of 
 18.23  confinement and payment unless the party is indigent. 
 18.24     Subd. 8.  [DEPOSITION.] A material witness who is confined 
 18.25  may apply to the district court for an order directing that a 
 18.26  deposition be taken to preserve the witness's testimony.  After 
 18.27  the deposition is taken, the judge shall vacate the terms of 
 18.28  confinement contained in the material witness order and impose 
 18.29  the least restrictive conditions available to secure the 
 18.30  appearance of the material witness. 
 18.31     Subd. 9.  [ORDERS APPEALABLE.] A material witness order is 
 18.32  a final order for purposes of appeal but, on motion of the 
 18.33  material witness, may be reconsidered at any time by the court 
 18.34  that issued the order. 
 18.35     Sec. 11.  Minnesota Statutes 1997 Supplement, section 
 18.36  631.07, is amended to read: 
 19.1      631.07 [ORDER OF FINAL ARGUMENT.] 
 19.2      When the giving of evidence is concluded in a criminal 
 19.3   trial, unless the case is submitted on both sides without 
 19.4   argument, the prosecution may make a closing argument to the 
 19.5   jury.  The defense may then make its closing argument to the 
 19.6   jury.  The court shall permit the prosecution to may then reply 
 19.7   in rebuttal, which shall be limited to a response to any 
 19.8   misstatement of law or fact or a statement that is inflammatory 
 19.9   or prejudicial made by the defense in its to the closing 
 19.10  argument of the defense.  
 19.11     Sec. 12.  [CRIMINAL RULE SUPERSEDED.] 
 19.12     Minnesota Rules of Criminal Procedure, rule 26.03, 
 19.13  subdivision 11, is superseded to the extent it conflicts with 
 19.14  section 1. 
 19.15     Sec. 13.  [APPROPRIATION; DEPARTMENT OF CORRECTIONS.] 
 19.16     $1,000,000 is appropriated from the general fund to the 
 19.17  commissioner of corrections for the fiscal year ending June 30, 
 19.18  1999.  The commissioner shall use this appropriation to award 
 19.19  grants to judicial districts to implement innovative court 
 19.20  projects designed to reduce the amount of time between the 
 19.21  commission of an offense by a juvenile and the imposition of 
 19.22  consequences for that offense.  This appropriation is available 
 19.23  until expended. 
 19.24     Sec. 14.  [REPEALER.] 
 19.25     Minnesota Statutes 1996, sections 629.54; and 629.55, are 
 19.26  repealed. 
 19.27     Sec. 15.  [EFFECTIVE DATE.] 
 19.28     Sections 1, 2, and 7 to 9 are effective August 1, 1998, and 
 19.29  apply to crimes and violations committed on or after that date.  
 19.30  The court shall consider convictions occurring before August 1, 
 19.31  1998, as previous convictions in sentencing offenders under 
 19.32  section 7.  Sections 3 to 5, and 10 are effective August 1, 
 19.33  1998.  Section 6 is effective August 1, 1998, and applies to 
 19.34  persons sentenced and probation revocation hearings held on or 
 19.35  after that date.  Sections 11 and 12 are effective August 1, 
 19.36  1998, and apply to proceedings conducted on or after that date.  
 20.1   Section 13 is effective July 1, 1998.