1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to crime prevention; providing that in 1.3 certain cases authorized representatives of entities 1.4 possessing a permit to use radio equipment capable of 1.5 receiving police emergency transmissions may use and 1.6 possess the equipment without a permit; amending 1.7 Minnesota Statutes 2002, section 299C.37, subdivisions 1.8 1, 3. 1.9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.10 Section 1. Minnesota Statutes 2002, section 299C.37, 1.11 subdivision 1, is amended to read: 1.12 Subdivision 1. [USE REGULATED.] (a) No person other than 1.13 peace officers within the state, the members of the state 1.14 patrol, and persons who hold an amateur radio license issued by 1.15 the Federal Communications Commission, shall equip any motor 1.16 vehicle with any radio equipment or combination of equipment, 1.17 capable of receiving any radio signal, message, or information 1.18 from any police emergency frequency, or install, use, or possess 1.19 the equipment in a motor vehicle without permission from the 1.20 superintendent of the bureau upon a form prescribed by the 1.21 superintendent. An amateur radio license holder is not entitled 1.22 to exercise the privilege granted by this paragraph if the 1.23 license holder has been convicted in this state or elsewhere of 1.24 a crime of violence, as defined in section 624.712, subdivision 1.25 5, unless ten years have elapsed since the person has been 1.26 restored to civil rights or the sentence has expired, whichever 1.27 occurs first, and during that time the person has not been 2.1 convicted of any other crime of violence. For purposes of this 2.2 section, "crime of violence" includes a crime in another state 2.3 or jurisdiction that would have been a crime of violence if it 2.4 had been committed in this state. Radio equipment installed, 2.5 used, or possessed as permitted by this paragraph must be under 2.6 the direct control of the license holder whenever it is used. A 2.7 person who is designated in writing by the chief law enforcement 2.8 officer of a political subdivision issued a permit under 2.9 subdivision 3 may use and possess radio equipment while in the 2.10 course and scope of duties or employment without also having to 2.11 obtain an individual permit. 2.12 (b) Except as provided in paragraph (c), any person who is 2.13 convicted of a violation of this subdivision shall, upon 2.14 conviction for the first offense, be guilty of a misdemeanor, 2.15 and for the second and subsequent offenses shall be guilty of a 2.16 gross misdemeanor. 2.17 (c) An amateur radio license holder who exercises the 2.18 privilege granted by paragraph (a) shall carry the amateur radio 2.19 license in the motor vehicle at all times and shall present the 2.20 license to a peace officer on request. A violation of this 2.21 paragraph is a petty misdemeanor. A second or subsequent 2.22 violation is a misdemeanor. 2.23 Sec. 2. Minnesota Statutes 2002, section 299C.37, 2.24 subdivision 3, is amended to read: 2.25 Subd. 3. [PERMIT.] The superintendent of the bureau shall, 2.26 upon written application, issue a written permit, which shall be 2.27 nontransferable, to a person, firm, political subdivision, or 2.28 corporation showing good cause to use radio equipment capable of 2.29 receiving a police emergency frequency, as a necessity, in the 2.30 lawful pursuit of a business, trade, or occupation.