2nd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to criminal justice; modifying structure of 1.3 financial crimes task force and modifying related 1.4 policies; repealing sunset provision; amending 1.5 Minnesota Statutes 2002, section 299A.68. 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.7 Section 1. Minnesota Statutes 2002, section 299A.68, is 1.8 amended to read: 1.9 299A.68 [MINNESOTA FINANCIAL CRIMES
INVESTIGATIONTASK 1.10 FORCE.] 1.11 Subdivision 1. [ INVESTIGATIONTASK FORCE ESTABLISHED.] A1.12 group of two or more local governmental units may enter into an1.13 agreement to establish a majorThe Minnesota financial crimes 1.14 investigationtask force is established to investigate major 1.15 financial crimes. Local law enforcement agencies, federal law 1.16 enforcement agencies, and state and federal prosecutor's offices 1.17 may join the Minnesota financial crimes task force, subject to 1.18 the provisions of this section. 1.19 Subd. 2. [ INVESTIGATIONTASK FORCE'S DUTIES.] (a) The 1.20 investigationtask force shall investigate consumer identity 1.21 theft cases and reported financial crimes from individuals and 1.22 businesses whothat are victims of such crimes. 1.23 (b) The investigationtask force shall focus on financial 1.24 crimes including, but not limited to, statewide crimes such as: 1.25 theft, fraud, and forgery crimes, including identity theft, 2.1 check forgery, fraud in obtaining credit, financial transaction 2.2 card fraud, theft from merchants, possession or sale of stolen 2.3 or counterfeit checks, issuance of dishonored checks, creation 2.4 or use of counterfeit state identification, obtaining 2.5 counterfeit state identification, fraudulent Internet 2.6 transactions, fraudulent merchandise returns, investment fraud, 2.7 insurance fraud, vehicle insurance fraud, financial institution 2.8 fraud, fraud related to state or federal programs, tax fraud, 2.9 mail and wire fraud, and other related financial crimes. 2.10 (c) In particular, the investigationtask force shall 2.11 investigate individuals and organizations, based on their 2.12 criminal activity, whothat: 2.13 (1) commit multiple, cross-jurisdictional, financial 2.14 crimes; 2.15 (2) employ computers and other sophisticated technology to 2.16 counterfeit documents or commit fraud; or 2.17 (3) illegally obtain consumer information for identity 2.18 theft. 2.19 Subd. 3. [ROLE OF PARTICIPATING LOCAL GOVERNMENTAL2.20 UNITSAGENCIES.] (a) The local governmental unitsagencies 2.21 that agree to form andparticipate in a single, centralized,the 2.22 statewide financial crimes investigationtask force shall 2.23 oversee the investigationtask force's operation by establishing 2.24 procedures and guidelines in theiran agreement. The agreement 2.25 must be addressed in a memorandum of understanding and signed by 2.26 the person in charge of each participating local unitagency of 2.27 government. The memorandum of understanding shallmust address 2.28 the following: 2.29 (1) the command structure of the investigationtask force; 2.30 (2) acquisition and liquidation of equipment, office space, 2.31 and transportation; 2.32 (3) procedures for contracting for necessary administrative 2.33 support; 2.34 (4) selection and assignment of members; 2.35 (5) transfer of investigationtask force members; 2.36 (6) resolution of disputes between participating local3.1 governmental unitsagencies; 3.2 (7) requirements and procedures for all workers' 3.3 compensation and other liability to remain the responsibility of 3.4 each member's employing agency; and3.5 (8) disposition of assets and debts if the task force is 3.6 disbanded; and 3.7 (9) all other issues deemed pertinent by the participating 3.8 local governmental unitsagencies. 3.9 (b) Federal law enforcement agencies participating in the 3.10 task force must be signatories to the memorandum of 3.11 understanding. Federal law enforcement agencies and officers 3.12 participating in the task force may not participate in the 3.13 selection of the statewide commander or receive any funding for 3.14 agents' salaries, benefits, or overtime. 3.15 Subd. 4. [STATEWIDE COMMANDER.] The participating local 3.16 governmental unitsagencies shall select a commander to direct 3.17 the investigationtask force. The commander shall make tactical 3.18 decisions regarding the commencement, continuation, and 3.19 conclusion of investigations of crimes within the investigation3.20 task force's jurisdictionin consultation with agencies 3.21 participating in the task force. The commander shall also 3.22 report annually to the bureau of criminal apprehension3.23 commissioner of public safety as required in subdivision 10. 3.24 Subd. 5. [MEMBERS; EMPLOYMENT STATUS.] The investigation3.25 task force may include law enforcement officers, prosecutors,3.26 federal law enforcement officers, and investigators from local3.27 governmental units who are selected by their supervisors to3.28 participate in the investigation task force.All law 3.29 enforcement officers selected to join the investigationtask 3.30 force must be licensed peace officers under section 626.84, 3.31 subdivision 1, or qualified federal law enforcement officers as 3.32 defined in section 626.8453. Members shallremain employees of 3.33 the same entity that employed them before joining the 3.34 investigationtask force. Compensation, personnel evaluations, 3.35 grievances, merit increases, and liability insurance coverage, 3.36 such as general, personal, vehicle, and professional liability 4.1 insurance, shallmust be covered by each member's employing 4.2 agency. Members of the financial crimes task force are not 4.3 employees of the state. 4.4 Subd. 6. [JURISDICTION AND POWERS.] Law enforcement 4.5 officers who are members of the investigationtask force shall4.6 have statewide jurisdiction to conduct criminal investigations 4.7 into financial crimes as described in subdivision 2 and possess4.8 the same powers of arrest as those possessed by a sheriff. 4.9 Officers assigned to the financial crimes task force shall 4.10 follow their county arrest procedures, booking processes, 4.11 reporting processes, county attorney charging requirements, and 4.12 appropriate notification protocols to local and county sheriff 4.13 agencies where arrests are made and search warrants executed. 4.14 The commander of the task force is responsible for ensuring 4.15 compliance with applicable local practices and procedures. 4.16 Subd. 6a. [REGIONAL OFFICES.] The commander, as funding 4.17 permits, may establish seven regional offices of the task force 4.18 to investigate financial crimes throughout the state and the 4.19 regional areas. The regional offices must originally be 4.20 established based on current state judicial districts, with one 4.21 regional office covering the first, second, fourth, and tenth 4.22 judicial districts. The commander must establish a separate 4.23 regional office in each of the third, fifth, sixth, seventh, 4.24 eighth, and ninth judicial districts. The regional offices must 4.25 be composed of participating agencies from each of the 4.26 designated geographic areas. In consultation with the 4.27 commander, the participating agencies of each regional office 4.28 must select a supervisor to direct the office. The regional 4.29 office supervisors must report to the commander. If necessary, 4.30 the advisory committee established in subdivision 8 may modify 4.31 the geographic boundary of a regional office. 4.32 Subd. 7. [COLLABORATION WITH OTHER PROSECUTORIAL AND LAW 4.33 ENFORCEMENT OFFICES.] To the greatest degree possible, the 4.34 investigationtask force shall cooperate and collaborate with 4.35 existing prosecutorial offices and law enforcement agencies. 4.36 Subd. 8. [ PROSECUTORBUDGET; ADVISORY COMMITTEE; FUND 5.1 ALLOCATION AND USE.] (a) The statewide commander shall establish 5.2 an operational budget and present it to an advisory committee 5.3 for approval. Grants awarded to participating local agencies 5.4 must be approved by the advisory committee. The advisory 5.5 committee must be composed of the statewide commander, a county 5.6 attorney from the metro area, a county attorney from greater 5.7 Minnesota, and the three chiefs of police or sheriffs from the 5.8 local law enforcement agencies that have the longest continuous 5.9 participation in the task force. The committee shall appoint a 5.10 chair from among its members. The statewide commander must not 5.11 be the chair of the committee. The committee may adopt 5.12 procedures to govern its conduct if necessary. A committee 5.13 member may appoint a designee to take the member's place. The 5.14 advisory committee shall oversee and select a fiscal agent 5.15 qualified to handle financial accounting of task force funding. 5.16 The task force shall be assigned an originating reporting number 5.17 for case tracking and reporting purposes. 5.18 (b) A participating local governmental unitagency may seek 5.19 a grant for reimbursement for the time and resources that 5.20 a peace officer, investigator, detective, prosecutor, and the5.21 prosecutor'sadministrative staff dedicate to the investigation5.22 task force, or for any other task force-related purposes as 5.23 described in paragraph (d). In order to receive a grant under 5.24 this subdivision, a participating local governmental unitagency 5.25 must provide a 2520 percent match in nonstate funds or in-kind 5.26 contributions either directly from its budget or from businesses 5.27 directly donating support. A participating prosecutoremployee 5.28 shall remain an employee of the contributing countyagency. 5.29 (c) For purposes of this subdivision, an "in-kind 5.30 contribution" means any asset contribution or personnel costs 5.31 not funded by this section, including office supplies, 5.32 furniture, office space, computers, software, equipment, 5.33 surveillance tools, and personnel benefits. It also includes 5.34 contributions from federal agencies, businesses, nonprofit 5.35 organizations, individuals, or legal entities used for general 5.36 operations support and not directed toward the case of a 6.1 particular victim or business. 6.2 (d) Task force funds may be used for any task force-related 6.3 purpose including salaries, overtime, administration, office 6.4 costs, law enforcement equipment, computers, software, vehicle 6.5 expenses, travel, and training. 6.6 (e) The commissioner shall transfer all funds to the task 6.7 force from financial contributions and grants designated to the 6.8 task force for the purposes described in this section. 6.9 Subd. 9. [FORFEITURE.] Property seized by the 6.10 investigationtask force is subject to forfeiture pursuant to 6.11 sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership 6.12 cannot be established. The investigationtask force shall 6.13 receive the proceeds from the sale of all property that it 6.14 properly seizes and that is forfeited. 6.15 Subd. 10. [REQUIRED REPORTS.] (a)Beginning June 30, 20026.16 July 1, 2003, the commander of the investigationtask force 6.17 shall report annually to the commissioner on the activities of 6.18 the investigationtask force and the use of grants awarded under6.19 Laws 2001, First Special Session chapter 8, article 4, section6.20 10, subdivision 7. 6.21 (b) By March 1, 2003, the commissioner of public safety6.22 shall report to the chairs and ranking minority members of the6.23 house of representatives and senate committees and divisions6.24 having jurisdiction over criminal justice policy and funding on6.25 the activities of the investigation task force and the use of6.26 grants awarded under Laws 2001, First Special Session chapter 8,6.27 article 4, section 10, subdivision 7.6.28 Subd. 11. [ EXPIRATIONTASK FORCE IS PERMANENT.] This6.29 section expires on June 30, 2003Notwithstanding section 15.059, 6.30 this section does not expire. 6.31 Subd. 12. [MATCHING FEDERAL DOLLARS.] The task force may 6.32 accept grants or contributions from any federal source or legal 6.33 business or entity. 6.34 [EFFECTIVE DATE.] This section is effective July 1, 2003.