SF 7

1st Engrossment - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/30/2021 08:27am

A bill for an act
relating to public safety; modifying certain provisions relating to public safety,
courts, corrections, sexual offenders, crime victims, background checks, forfeiture,
law enforcement, human rights, and data practices; providing for task forces and
working groups; requiring reports; providing for criminal penalties; appropriating
money for courts, public safety, sentencing guidelines, corrections, human rights,
Peace Officer Standards and Training (POST) Board, Private Detective Board,
Guardian ad Litem Board, state auditor, Legislative Coordinating Commission,
Department of Natural Resources, Uniform Laws Commission, Board on Judicial
Standards, and Board of Public Defense; amending Minnesota Statutes 2020,
sections 2.722, subdivision 1; 13.41, subdivision 3; 13.411, by adding a subdivision;
13.552, by adding a subdivision; 13.7931, by adding a subdivision; 13.824,
subdivision 6; 13.825, subdivision 9; 13.851, by adding a subdivision; 152.01,
subdivision 18; 169.99, subdivision 1c, by adding a subdivision; 169A.55,
subdivisions 2, 4; 169A.60, subdivisions 2, 3, 13; 169A.63, subdivisions 1, 7, 8,
9, 10, 13, by adding subdivisions; 171.29, subdivision 1; 171.30, subdivision 1;
171.306, subdivisions 2, 4; 214.10, subdivision 11; 241.016; 241.021, subdivision
1, by adding subdivisions; 243.166, subdivision 1b; 243.48, subdivision 1; 243.52;
244.19, subdivision 3; 253B.18, subdivision 5a; 253D.14, subdivisions 2, 3, by
adding a subdivision; 299A.52, subdivision 2; 299C.60; 299C.61, subdivisions 2,
4, by adding subdivisions; 299C.62, subdivisions 1, 2, 3, 4, 6; 299C.63; 299C.72;
299C.80, subdivision 3; 340A.504, subdivision 7; 357.021, subdivisions 1a, 6;
363A.02, subdivision 1; 363A.08, subdivision 6; 363A.28, subdivisions 1, 6;
363A.31, subdivision 2; 363A.33, subdivision 3; 363A.36, subdivisions 1, 2, 3, 4,
by adding a subdivision; 363A.44, subdivisions 2, 4, 9; 401.06; 403.02, subdivision
16; 403.03, subdivision 1; 403.07, subdivision 2; 403.11, subdivision 1; 403.21,
subdivisions 3, 12; 403.36, subdivision 1; 477A.03, subdivision 2b; 524.2-503;
609.1095, subdivision 1; 609.131, subdivision 2; 609.135, subdivision 2; 609.221;
609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 1, 2, 4; 609.3241;
609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342;
609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.352, subdivision
4; 609.531, subdivision 1, by adding a subdivision; 609.5311, subdivisions 2, 3,
4; 609.5314, subdivisions 1, 2, 3, by adding a subdivision; 609.5315, subdivisions
5, 5b, 6; 609.605, subdivision 2; 609.66, subdivision 1e; 611.21; 611.27,
subdivisions 9, 10, 11, 13, 15; 611A.039, subdivision 1; 611A.06, subdivision 1;
617.246, subdivisions 2, 3, 4; 617.247, subdivisions 3, 4; 626.14; 626.842,
subdivision 2; 626.8435, subdivision 1; 626.845, subdivision 3; 626.8457,
subdivision 3; 626.8469, by adding a subdivision; 628.26; Laws 2016, chapter
189, article 4, section 7; Laws 2017, chapter 95, article 1, section 11, subdivision
7; article 3, section 30; Laws 2020, Seventh Special Session chapter 2, article 2,
section 4; Laws 2021, First Special Session chapter 4, article 9, sections 1; 2; 3;
4; 5; Laws 2021, First Special Session chapter 5, article 3, sections 1; 2; 3; 4; 5;
proposing coding for new law in Minnesota Statutes, chapters 3; 84; 260B; 299A;
299F; 326B; 604A; 609; 611A; 626; 634; repealing Minnesota Statutes 2020,
sections 253D.14, subdivision 4; 609.324, subdivision 3; 609.5317; 611A.0385.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

APPROPRIATIONS

Section 1. new text begin APPROPRIATIONS. new text end

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 "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023. Appropriations for the fiscal year ending June 30, 2021, 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 2022 new text end		new text begin 2023 new text end

Sec. 2. new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 60,487,000 new text end

new text begin $ new text end

new text begin 61,582,000 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 end new text begin Supreme Court Operations new text end

new text begin 43,559,000 new text end

new text begin 43,384,000 new text end

new text begin (a) new text end new text begin Contingent 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 2.5
percent in the first year.
new text end

new text begin (c) Courthouse Security Grants
new text end

new text begin $500,000 the first year is for a competitive
grant program established by the chief justice
for the distribution of safe and secure
courthouse fund grants to governmental
entities responsible for providing or
maintaining a courthouse or other facility
where court proceedings are held. Grant
recipients must provide a 50 percent nonstate
match. This appropriation is available until
June 30, 2024.
new text end

new text begin (d) Neuropsychological Examination
Feasibility Study
new text end

new text begin $30,000 the first year is for the
neuropsychological examination feasibility
study.
new text end

new text begin Subd. 3. new text end new text begin Civil Legal Services new text end

new text begin 16,928,000 new text end

new text begin 18,198,000 new text end

new text begin Legal Services to Low-Income Clients in
Family Law Matters. $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 begin COURT OF APPEALS new text end

new text begin $ new text end

new text begin 13,490,000 new text end

new text begin $ new text end

new text begin 13,574,000 new text end

new text begin new text begin Judges' Compensation. new text end Judges' compensation
is increased by 2.5 percent in the first year.
new text end

Sec. 4. new text begin DISTRICT COURTS new text end

new text begin $ new text end

new text begin 326,372,000 new text end

new text begin $ new text end

new text begin 329,146,000 new text end

new text begin (a) Judges' Compensation
new text end

new text begin Judges' compensation is increased by 2.5
percent in the first year.
new text end

new text begin (b) New Judgeship
new text end

new text begin $482,000 the first year and $449,000 the
second year are for a new judge unit in the
Fifth Judicial District.
new text end

new text begin (c) Interpreter Compensation
new text end

new text begin $200,000 each year is to increase hourly fees
paid to qualified certified and uncertified
interpreters who are independent contractors
and assist persons disabled in communication
in legal proceedings. This is a onetime
appropriation.
new text end

Sec. 5. new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end

new text begin 22,576,000 new text end

new text begin $ new text end

new text begin 22,815,000 new text end

Sec. 6. new text begin TAX COURT new text end

new text begin $ new text end

new text begin 1,827,000 new text end

new text begin $ new text end

new text begin 1,841,000 new text end

Sec. 7. new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end

new text begin 100,000 new text end

new text begin $ new text end

new text begin 100,000 new text end

Sec. 8. new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end

new text begin 580,000 new text end

new text begin $ new text end

new text begin 586,000 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) new text end new text begin 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 until June 30,
2025.
new text end

Sec. 9. new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end

new text begin 106,381,000 new text end

new text begin $ new text end

new text begin 111,409,000 new text end

new text begin Public Defense Corporations. $74,000 the
first year and $152,000 the second year are
for increases to public defense corporations.
new text end

Sec. 10. new text begin HUMAN RIGHTS new text end

new text begin $ new text end

new text begin 5,433,000 new text end

new text begin $ new text end

new text begin 5,530,000 new text end

new text begin Additional Staffing and Administrative
Costs. $110,000 in fiscal year 2022 and
$112,000 in fiscal year 2023 are for improving
caseload processing. The general fund base
for this activity shall be $116,000 per year
beginning in fiscal year 2024.
new text end

Sec. 11. new text begin OFFICE OF THE STATE AUDITOR new text end

new text begin $ new text end

new text begin 64,000 new text end

new text begin $ new text end

new text begin 30,000 new text end

new text begin Forfeiture Reporting. $64,000 the first year
and $30,000 the second year are for costs
associated with forfeiture reporting
requirements.
new text end

Sec. 12. new text begin LEGISLATIVE COORDINATING COMMISSION new text end

new text begin $ new text end

new text begin 60,000 new text end

new text begin $ new text end

new text begin 60,000 new text end

new text begin $60,000 each year is for the Legislative
Commission on Data Practices under
Minnesota Statutes, section 3.8844.
new text end

Sec. 13. new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end

new text begin 740,000 new text end

new text begin $ new text end

new text begin 765,000 new text end

Sec. 14. new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 1,439,000 new text end

new text begin $ new text end

new text begin 214,167,000 new text end

new text begin $ new text end

new text begin 213,005,000 new text end

new text begin General new text end	new text begin 1,439,000 new text end	new text begin 128,764,000 new text end	new text begin 127,621,000 new text end
new text begin Special Revenue new text end		new text begin 14,901,000 new text end	new text begin 14,891,000 new text end
new text begin State Government Special Revenue new text end		new text begin 103,000 new text end	new text begin 103,000 new text end
new text begin Environmental new text end		new text begin 73,000 new text end	new text begin 73,000 new text end
new text begin Trunk Highway new text end		new text begin 2,429,000 new text end	new text begin 2,429,000 new text end
new text begin 911 Fund new text end		new text begin 67,897,000 new text end	new text begin 67,888,000 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 end new text begin Emergency Management new text end

new text begin 3,000,000 new text end

new text begin 3,156,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 2,927,000 new text end	new text begin 3,083,000 new text end
new text begin Environmental new text end	new text begin 73,000 new text end	new text begin 73,000 new text end

new text begin (a) Supplemental Nonprofit Security Grants
new text end

new text begin $225,000 each year is for supplemental
nonprofit security grants under this paragraph.
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.
new text end

new text begin The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. These
appropriations are onetime.
new text end

new text begin (b) School Safety Center
new text end

new text begin $250,000 each year is for two school safety
specialists at the Minnesota School Safety
Center.
new text end

new text begin Subd. 3. new text end new text begin Criminal Apprehension new text end

new text begin 1,316,000 new text end

new text begin 78,263,000 new text end

new text begin 77,023,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 1,316,000 new text end	new text begin 75,827,000 new text end	new text begin 74,587,000 new text end
new text begin State Government Special Revenue new text end		new text begin 7,000 new text end	new text begin 7,000 new text end
new text begin Trunk Highway new text end		new text begin 2,429,000 new text end	new text begin 2,429,000 new text end

new text begin (a) DWI Lab Analysis
new text end

new text begin Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 each year
is 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) Cybersecurity
new text end

new text begin $2,611,000 the first year and $1,558,000 the
second year are for identity and access
management, critical infrastructure upgrades,
and Federal Bureau of Investigation audit
compliance. The base for this is $1,050,000
in fiscal years 2024 and 2025.
new text end

new text begin (c) Rapid DNA Program
new text end

new text begin $285,000 each year is for the Rapid DNA
Program.
new text end

new text begin (d) Body Cameras
new text end

new text begin $397,000 the first year and $205,000 the
second year are to purchase body cameras for
peace officers employed by the Bureau of
Criminal Apprehension and to maintain the
necessary hardware, software, and data.
new text end

new text begin (e) National Guard Sexual Assault
Investigations
new text end

new text begin $160,000 each year is for investigation of
criminal sexual conduct allegations filed
against members of the Minnesota National
Guard by another member of the Minnesota
National Guard. This appropriation is onetime.
new text end

new text begin (f) Criminal Alert Network; Alzheimer's
and Dementia
new text end

new text begin $200,000 the first year is for the criminal alert
network to increase membership, reduce the
registration fee, and create additional alert
categories, including at a minimum a dementia
and Alzheimer's disease specific category.
new text end

new text begin (g) Forfeiture Notices
new text end

new text begin $24,000 in fiscal year 2022 is for costs for
technological upgrades required for generating
forfeiture notices and property receipts.
new text end

new text begin (h) Drugged Driving Lab Testing Support
new text end

new text begin $825,000 each year is for staffing and supplies
for drugged driving lab testing.
new text end

new text begin Subd. 4. new text end new text begin Fire Marshal new text end

new text begin 8,752,000 new text end

new text begin 8,818,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 178,000 new text end	new text begin 178,000 new text end
new text begin Special Revenue new text end	new text begin 8,574,000 new text end	new text begin 8,640,000 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 from this account is $8,740,000
in fiscal year 2024 and $8,640,000 in fiscal
year 2025.
new text end

new text begin (a) Inspections
new text end

new text begin $300,000 each year is for inspection of nursing
homes and boarding care facilities.
new text end

new text begin (b) Hazmat and Chemical Assessment
Teams
new text end

new text begin $950,000 the first year and $850,000 the
second year are from the fire safety account
in the special revenue fund. These amounts
must be used to fund the hazardous materials
and chemical assessment teams. Of this
amount, $100,000 the first year is for cases
for which there is no identified responsible
party. The base appropriation is $950,000 in
fiscal year 2024 and $850,000 in fiscal year
2025.
new text end

new text begin (c) Bomb Squad Reimbursements
new text end

new text begin $50,000 each year is from the general fund for
reimbursements to local governments for
bomb squad services.
new text end

new text begin (d) Emergency Response Teams
new text end

new text begin $675,000 each year is from the fire safety
account in the special revenue fund to maintain
four emergency response teams: one under the
jurisdiction of the St. Cloud Fire Department
or a similarly located fire department if
necessary; one under the jurisdiction of the
Duluth Fire Department; one under the
jurisdiction of the St. Paul Fire Department;
and one under the jurisdiction of the Moorhead
Fire Department.
new text end

new text begin Subd. 5. new text end new text begin Firefighter Training and Education Board new text end

new text begin 5,792,000 new text end

new text begin 5,792,000 new text end

new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end	new text begin 5,792,000 new text end	new text begin 5,792,000 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 $4,500,000 each year is for firefighter training
and education.
new text end

new text begin (b) Task Force 1
new text end

new text begin $975,000 each year is for the Minnesota Task
Force 1.
new text end

new text begin (c) Air Rescue
new text end

new text begin $317,000 each year is for the Minnesota Air
Rescue Team.
new text end

new text begin (d) Unappropriated Revenue new text end

new text begin Any additional unappropriated money
collected in fiscal year 2021 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. 6. new text end new text begin Alcohol and Gambling Enforcement new text end

new text begin 123,000 new text end

new text begin 2,681,000 new text end

new text begin 2,702,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 123,000 new text end	new text begin 2,611,000 new text end	new text begin 2,632,000 new text end
new text begin Special Revenue new text end		new text begin 70,000 new text end	new text begin 70,000 new text end

new text begin $70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end

new text begin (a) Legal Costs
new text end

new text begin $93,000 the first year is for legal costs
associated with Alexis Bailly Vineyard, Inc.
v. Harrington. This is a onetime appropriation.
new text end

new text begin (b) Body Cameras
new text end

new text begin $16,000 each year is to purchase body cameras
for peace officers employed by the Alcohol
and Gambling Enforcement Division and to
maintain the necessary hardware, software,
and data.
new text end

new text begin Subd. 7. new text end new text begin Office of Justice Programs new text end

new text begin 47,317,000 new text end

new text begin 47,237,000 new text end

new text begin Appropriations by Fund new text end
new text begin General new text end	new text begin 47,221,000 new text end	new text begin 47,141,000 new text end
new text begin State Government Special Revenue new text end	new text begin 96,000 new text end	new text begin 96,000 new text end

new text begin (a) Administration Costs
new text end

new text begin Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
new text end

new text begin (b) Combatting Sex Trafficking Grants
new text end

new text begin $250,000 each year is for an antitrafficking
investigation coordinator and to implement
new or expand existing strategies to combat
sex trafficking.
new text end

new text begin (c) Survivor Support and Prevention
Grants
new text end

new text begin $400,000 each year is for grants to victim
survivors and to fund emerging or unmet
needs impacting victims of crime, particularly
in underserved populations. This is a onetime
appropriation.
new text end

new text begin (d) Improving Retention in Domestic
Violence Programs
new text end

new text begin $150,000 the first year is to develop an open
and competitive grant process to award a grant
to establish a pilot project to increase the rate
at which participants voluntarily complete a
person-centered, trauma-informed violence
prevention program by addressing the social
and economic barriers that inhibit program
completion. This appropriation is available
until June 30, 2024.
new text end

new text begin The grant recipient shall have an established
program for individuals who have been
identified as using abusive behaviors within
a home or community setting. The established
program must apply evidence-based
interventions to equip participants with skills
and techniques to stop abusive behaviors as
they occur and prevent them from happening
in the future.
new text end

new text begin The pilot project shall address financial,
transportation, food, housing, or social support
barriers in order to increase the rate of
participants completing the program. Money
may be used to advance program capacity,
reduce the administrative burden on program
staff, secure participant consent for
assessment, enhance measurement and
evaluation of the program, and provide other
services and support to increase the rate of
program completion while maintaining low
recidivism rates.
new text end

new text begin By January 15, 2023, the grant recipient shall
provide a report to the Office of Justice
Programs identifying:
new text end

new text begin (1) the number of individuals, including the
age, race, and sex of those individuals, who
were admitted into the program before and
after the pilot project began;
new text end

new text begin (2) the number of individuals, including the
age, race, and sex of those individuals, who
completed the program before and after the
pilot project began;
new text end

new text begin (3) the number of individuals, including the
age, race, and sex of those individuals, who
left the program prior to completion before
and after the pilot project began;
new text end

new text begin (4) information on whether the individuals
were members of a two-parent or single-parent
home; and
new text end

new text begin (5) any other relevant measurement and
evaluation of the pilot project, including
information related to social and economic
barriers that impact program completion rates.
new text end

new text begin By January 15, 2024, the grant recipient shall
provide a report to the Office of Justice
Programs identifying the domestic violence
recidivism rate of individuals who completed
the program, including the age, race, and sex
of those individuals, before and after the pilot
project began.
new text end

new text begin By February 15, 2024, the Office of Justice
Programs shall compile the information
received from the grant recipient and provide
that compilation to the senate and house of
representatives committees and divisions with
jurisdiction over public safety.
new text end

new text begin (e) Innovation in Community Safety Grants
new text end

new text begin $400,000 each year is for innovation in
community safety grants. This is a onetime
appropriation.
new text end

new text begin (f) Youth Intervention Program Grants
new text end

new text begin $286,000 each year is for youth intervention
program grants.
new text end

new text begin (g) Racially Diverse Youth in Shelters
new text end

new text begin $45,000 each year is for grants to
organizations to address racial disparity of
youth using shelter services in the Rochester
and St. Cloud regional areas. A grant recipient
shall establish and operate a pilot program to
engage in community intervention, family
reunification, aftercare, and follow up when
family members are released from shelter
services. A pilot program shall specifically
address the high number of racially diverse
youth that enter shelters in the region. This is
a onetime appropriation.
new text end

new text begin (h) Task Force on Missing and Murdered
African American Women
new text end

new text begin $100,000 the first year and $50,000 the second
year are to implement the task force on
missing and murdered African American
women. This is a onetime appropriation.
new text end

new text begin (i) VCETs
new text end

new text begin $1,000,000 each year is for additional violent
crime enforcement teams. The base for this is
$1,000,000 in fiscal years 2024 and 2025.
new text end

new text begin Of this amount, $250,000 each year is a
onetime appropriation for a team to address
criminal activities in and around metropolitan
transit lines. This team must include members
from the Hennepin County Sheriff's Office,
the Ramsey County Sheriff's Office, the St.
Paul Police Department, the Minneapolis
Police Department, and the Metropolitan
Transit Police Department. The Hennepin
County Sheriff's Office shall serve as the
team's fiscal agent. By February 1, 2022, the
commissioner shall report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over criminal
justice policy and funding on the activities of
the team. The report must detail the impact
the team had on reducing criminal activity in
and around metropolitan transit lines and
recommend whether to fund the team in the
future or whether the money for this would be
better directed toward other violent crime
enforcement teams.
new text end

new text begin (j) Office of Missing and Murdered
Indigenous Relatives
new text end

new text begin $500,000 each year is to establish and
maintain the Office of Missing and Murdered
Indigenous Relatives.
new text end

new text begin (k) Hometown Heroes Assistance Program
new text end

new text begin $4,000,000 each year is appropriated 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 (l) Juvenile Justice Unit
new text end

new text begin $200,000 each year is to establish and
maintain a Juvenile Justice Unit.
new text end

new text begin Subd. 8. new text end new text begin Emergency Communication Networks new text end

new text begin 67,897,000 new text end

new text begin 67,888,000 new text end

new text begin This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end

new text begin This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs shall be
incorporated into the service level agreement
and shall be paid to the Office of MN.IT
Services by the Department of Public Safety
under the rates and mechanism specified in
that agreement.
new text end

new text begin (a) Public Safety Answering Points new text end

new text begin $27,328,000 the first year and $28,011,000
the second year shall be distributed as
provided in Minnesota Statutes, section
403.113, subdivision 2. The base appropriation
is $28,011,000 in fiscal year 2024 and
$28,011,000 in fiscal year 2025.
new text end

new text begin (b) Medical Resource Communication Centers new text end

new text begin $683,000 the first year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East and
Metro West Medical Resource
Communication Centers that were in operation
before January 1, 2000.
new text end

new text begin (c) ARMER State Backbone Operating
Costs
new text end

new text begin $9,675,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end

new text begin (d) ARMER Improvements
new text end

new text begin $1,000,000 each year is to the Statewide
Emergency Communications Board for
improvements to those elements of the
statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide interim enhancement of
public safety communication interoperability
in those areas of the state where the statewide
public safety radio and communication system
is not yet implemented, and grants to local
units of government to further the strategic
goals set forth by the Statewide Emergency
Communications Board strategic plan.
new text end

new text begin (e) 911 Telecommunicator Working Group
new text end

new text begin $9,000 the first year is to convene, administer,
and implement the 911 telecommunicator
working group.
new text end

new text begin Subd. 9. new text end new text begin Driver and Vehicle Services new text end

new text begin 465,000 new text end

new text begin 389,000 new text end

new text begin $465,000 the first year and $389,000 the
second year are from the driver services
operating account in the special revenue fund
for the ignition interlock program under
Minnesota Statutes, section 171.306.
new text end

Sec. 15. new text begin PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 11,563,000 new text end

new text begin $ new text end

new text begin 11,554,000 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 end new text begin 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 Subd. 3. new text end new text begin Peace Officer Training Assistance new text end

new text begin 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 end

new text begin 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
qualifications, including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provided; 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.
new text end

new text begin 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.
new text end

new text begin 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.
new text end

new text begin 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 end

Sec. 16. new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end

new text begin 282,000 new text end

new text begin $ new text end

new text begin 288,000 new text end

Sec. 17. new text begin CORRECTIONS new text end

new text begin Subdivision 1. new text end new text begin Total Appropriation new text end

new text begin $ new text end

new text begin 183,000 new text end

new text begin $ new text end

new text begin 630,943,000 new text end

new text begin $ new text end

new text begin 639,312,000 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 end new text begin Incarceration and Prerelease Services new text end

new text begin 183,000 new text end

new text begin 461,538,000 new text end

new text begin 469,578,000 new text end

new text begin (a) Healthy Start Act
new text end

new text begin $100,000 each year is to implement the
healthy start act that shall create a release
program for pregnant women and new mothers
who are committed to the commissioner of
corrections by providing alternatives to
incarceration and improving parenting skills.
new text end

new text begin (b) Prescription Medications
new text end

new text begin $17,000 the first year and $20,000 the second
year are to provide a one-month supply of any
prescribed, nonnarcotic medications and a
prescription for a 30-day supply of these
medications that may be refilled twice to
inmates at the time of their release.
new text end

new text begin (c) Incarceration and Prerelease Services
Base Budget
new text end

new text begin The general fund base for Department of
Corrections incarceration and prerelease
services is $469,883,000 in fiscal year 2024
and $470,331,000 in fiscal year 2025.
new text end

new text begin Subd. 3. new text end new text begin Community Supervision and Postrelease Services new text end

new text begin 137,780,000 new text end

new text begin 138,204,000 new text end

new text begin (a) Community Corrections Act
new text end

new text begin $1,220,000 each year is added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14. This is a onetime increase for the
biennium and requires the submission of a
report to the legislature no later than December
15, 2021, with recommendations from a
working group established to study
supervision services and funding across the
state and develop recommendations. This is a
onetime appropriation.
new text end

new text begin The commissioner of corrections shall convene
a working group to study and report to the
legislature on the attributes and requirements
of an effective supervision system. The report
shall describe how the state and counties can
achieve an effective supervision system
together, balancing local control with state
support and collaboration. The report shall
include: a proposal for sustainable funding of
the state's community supervision delivery
systems; a plan for the potential of future
Tribal government supervision of probationers
and supervised releasees; a definition of core
or base-level supervision standards in
accordance with the state's obligation to fund
or provide supervision services that are
geographically equitable and reflect the
principles of modern correctional practice; a
recommended funding model and the
associated costs as compared to the state's
current investment in those services;
alternative funding and delivery models and
the alternative models' associated costs when
compared with the state's current investment
in those services; and mechanisms to ensure
balanced application of increases in the cost
of community supervision services.
new text end

new text begin The working group shall at a minimum include
the following members: the commissioner of
corrections or the commissioner's designee
and four other representatives from the
Department of Corrections, five directors of
the Minnesota Association of Community
Corrections Act Counties, five directors of the
Minnesota Association of County Probation
Offices, three county commissioner
representatives from the Association of
Minnesota Counties with one from each
delivery system, three representatives of the
Minnesota Indian Affairs Council Tribal
government members, and two district court
judge representatives designated by the State
Court Administrator. The working group may
include other members and the use of a
third-party organization to provide process
facilitation, statewide stakeholder engagement,
data analysis, programming and supervision
assessments, and technical assistance through
implementation of the adopted report
recommendations.
new text end

new text begin The report shall be submitted to the chairs and
ranking minority members of the house of
representatives Public Safety Committee and
the senate Judiciary and Finance Committees
no later than December 15, 2021.
new text end

new text begin (b) County Probation Officer
Reimbursement
new text end

new text begin $101,000 each year is for county probation
officers reimbursement, as described in
Minnesota Statutes, section 244.19,
subdivision 6. This is a onetime increase for
the biennium and requires the submission of
a report to the legislature no later than
December 15, 2021, with recommendations
from a working group established to study
supervision services and funding across the
state and develop recommendations. This is a
onetime appropriation.
new text end

new text begin (c) Probation Supervision Services
new text end

new text begin $1,170,000 each year is for probation
supervision services provided by the
Department of Corrections in Meeker, Mille
Lacs, and Renville Counties as described in
Minnesota Statutes, section 244.19,
subdivision 1. The commissioner of
corrections shall bill Meeker, Mille Lacs, and
Renville Counties for the total cost of and
expenses incurred for probation services on
behalf of each county, as described in
Minnesota Statutes, section 244.19,
subdivision 5, and all reimbursements shall
be deposited in the general fund.
new text end

new text begin (d) Task Force on Aiding and Abetting
Felony Murder
new text end

new text begin $25,000 the first year is to implement the task
force on aiding and abetting felony murder.
new text end

new text begin (e) Alternatives to Incarceration
new text end

new text begin $320,000 each year is for funding to Anoka
County, Crow Wing County, and Wright
County to facilitate access to community
treatment options under the alternatives to
incarceration program.
new text end

new text begin (f) Juvenile Justice Report
new text end

new text begin $55,000 the first year and $9,000 the second
year are for reporting on extended jurisdiction
juveniles.
new text end

new text begin (g) Postrelease Employment for Inmates
Grant; Request for Proposals
new text end

new text begin $300,000 the first year is for a grant to a
nongovernmental organization to provide
curriculum and corporate mentors to inmates
and assist inmates in finding meaningful
employment upon release from a correctional
facility. By September 1, 2021, the
commissioner of corrections must issue a
request for proposals. By December 1, 2021,
the commissioner shall award a $300,000 grant
to the applicant that is best qualified to provide
the programming described in this paragraph.
new text end

new text begin (h) Homelessness Mitigation Plan
new text end

new text begin $12,000 the first year is to develop and
implement a homelessness mitigation plan for
individuals released from prison.
new text end

new text begin (i) Identifying Documents
new text end

new text begin $23,000 the first year and $28,000 the second
year are to assist inmates in obtaining a copy
of their birth certificates and provide
appropriate Department of Corrections
identification cards to individuals released
from prison.
new text end

new text begin (j) Predatory Offender Statutory
Framework Working Group
new text end

new text begin $25,000 the first year is to convene,
administer, and implement the Predatory
Offender Statutory Framework Working
Group.
new text end

new text begin Subd. 4. new text end new text begin Organizational, Regulatory, and Administrative Services new text end

new text begin 31,625,000 new text end

new text begin 31,530,000 new text end

new text begin (a) Technology
new text end

new text begin $1,566,000 the first year and $1,621,000 the
second year are to increase support for
ongoing technology needs.
new text end

new text begin (b) Correctional Facilities Security Audit
Group
new text end

new text begin $42,000 the first year and $69,000 the second
year are for the correctional facilities security
audit group to prepare security audit standards,
conduct security audits, and prepare required
reports.
new text end

new text begin (c) Oversight
new text end

new text begin $992,000 the first year and $492,000 the
second year are to expand and improve
oversight of jails and other state and local
correctional facilities, including the addition
of four full-time corrections detention facilities
inspectors and funds for county sheriffs who
inspect municipal lockups.
new text end

new text begin (d) Jailhouse Witness Data
new text end

new text begin $20,000 the first year is for costs associated
with collecting and reporting on jailhouse
witness data.
new text end

Sec. 18. new text begin OMBUDSPERSON FOR CORRECTIONS new text end

new text begin $ new text end

new text begin 659,000 new text end

new text begin $ new text end

new text begin 663,000 new text end

Sec. 19. new text begin DEPARTMENT OF NATURAL RESOURCES new text end

new text begin $ new text end

new text begin 489,000 new text end

new text begin $ new text end

new text begin 387,000 new text end

new text begin $489,000 the first year and $387,000 the
second year are to purchase body cameras for
conservation officers employed by the
Department of Natural Resources and to
maintain the necessary hardware, software,
and data. The base appropriation is $387,000
in fiscal year 2024 and $387,000 in fiscal year
2025.
new text end

Sec. 20. new text begin CANCELLATION; FISCAL YEAR 2021 new text end

new text begin (a) Alcohol and Gambling Enforcement
new text end

new text begin $132,000 of the fiscal year 2021 general fund
appropriation under Laws 2019, First Special
Session chapter 5, article 1, section 12,
subdivision 6, is canceled.
new text end

new text begin (b) Office of Justice Programs
new text end

new text begin $213,000 of the fiscal year 2021 general fund
appropriation under Laws 2019, First Special
Session chapter 5, article 1, section 12,
subdivision 7, is canceled.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from June 30, 2021.
new text end

Sec. 21. new text begin TRANSFER; DISASTER ASSISTANCE CONTINGENCY ACCOUNT.
new text end

new text begin (a) If the fiscal year 2021 final closing balance in the general fund exceeds the closing
balance projected at the end of the 2021 first special legislative session by at least
$30,000,000, the commissioner of management and budget must transfer $30,000,000 from
the general fund to the disaster assistance contingency account established under Minnesota
Statutes, section 12.221, subdivision 6.
new text end

new text begin (b) If the fiscal year 2021 final closing balance in the general fund exceeds the closing
balance projected at the end of the 2021 first special legislative session by less than
$30,000,000, the commissioner of management and budget must transfer an amount equal
to the difference between the fiscal year 2021 final closing balance and the closing balance
projected at the end of the 2021 first special legislative session from the general fund to the
disaster assistance contingency account established under Minnesota Statutes, section 12.221,
subdivision 6.
new text end

new text begin (c) If a transfer is required under this section, the transfer must be completed before
September 30, 2021.
new text end

ARTICLE 2

PUBLIC SAFETY

Section 1.

Minnesota Statutes 2020, section 152.01, subdivision 18, is amended to read:

Subd. 18.

Drug paraphernalia.

(a) Except as otherwise provided in paragraph (b), "drug
paraphernalia" means all equipment, products, and materials of any kind, except those items
used in conjunction with permitted uses of controlled substances under this chapter or the
Uniform Controlled Substances Act, which are knowingly or intentionally used primarily
in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance, (3) testing the strength, effectiveness,
or purity of a controlled substance, or (4) enhancing the effect of a controlled substance.

(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or sale
of new text begin : (1) new text end hypodermic needles or syringes in accordance with section 151.40, subdivision 2 deleted text begin . deleted text end new text begin ;
or new text end new text begin (2) products that detect the presence of fentanyl or a fentanyl analog in a controlled
substance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effect July 1, 2021, for acts occurring on or after
that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 169A.55, subdivision 2, is amended to read:

Subd. 2.

Reinstatement of driving privileges; notice.

Upon expiration of a period of
revocation under section 169A.52 (license revocation for test failure or refusal), 169A.54
(impaired driving convictions and adjudications; administrative penalties), or 171.177
(revocation; search warrant), the commissioner shall notify the person of the terms upon
which driving privileges can be reinstated, and new registration plates issued, which terms
are: (1) deleted text begin successful completion of an examination and deleted text end proof of compliance with any terms
of alcohol treatment or counseling previously prescribed, if any; and (2) any other
requirements imposed by the commissioner and applicable to that particular case. The
commissioner shall notify the owner of a motor vehicle subject to an impoundment order
under section 169A.60 (administrative impoundment of plates) as a result of the violation
of the procedures for obtaining new registration plates, if the owner is not the violator. The
commissioner shall also notify the person that if driving is resumed without reinstatement
of driving privileges or without valid registration plates and registration certificate, the
person will be subject to criminal penalties.

Sec. 3.

Minnesota Statutes 2020, section 169A.55, subdivision 4, is amended to read:

Subd. 4.

Reinstatement of driving privileges; multiple incidents.

new text begin (a) A person whose
driver's license has been revoked as a result of an offense listed under clause (2) shall not
be eligible for reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that either:
new text end

new text begin (1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
new text end

new text begin (i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;
new text end

new text begin (ii) the person's attestation under penalty of perjury; and
new text end

new text begin (iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or
new text end

new text begin (2) the person used the ignition interlock device and complied with section 171.306 for
a period of not less than:
new text end

new text begin (i) one year, for a person whose driver's license was revoked for:
new text end

new text begin (A) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end

new text begin (B) an offense occurring after two qualified prior impaired driving incidents; or
new text end

new text begin (ii) two years, for a person whose driver's license was revoked for:
new text end

new text begin (A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated
an alcohol concentration of twice the legal limit or more; or
new text end

new text begin (B) an offense occurring under item (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.
new text end

deleted text begin (a) deleted text end new text begin (b) new text end A person whose driver's license has been canceled or denied as a result of three
or more qualified impaired driving incidents shall not be eligible for reinstatement of driving
privileges without an ignition interlock restriction until the person:

(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and

(2) has submitted verification of abstinence from alcohol and controlled substances new text begin
under paragraph (c) new text end , as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.

deleted text begin (b) deleted text end new text begin (c) new text end The verification of abstinence must show that the person has abstained from the
use of alcohol and controlled substances for a period of not less than:

(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;

(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or

(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.

deleted text begin (c) The commissioner shall establish performance standards and a process for certifying
chemical monitoring devices. The standards and procedures are not rules and are exempt
from chapter 14, including section 14.386.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, for revocations occurring
on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 169A.60, subdivision 2, is amended to read:

Subd. 2.

Plate impoundment violation; impoundment order.

(a) The commissioner
shall issue a registration plate impoundment order when:

(1) a person's driver's license or driving privileges are revoked for a plate impoundment
violation; deleted text begin or
deleted text end

(2) a person is arrested for or charged with a plate impoundment violation described in
subdivision 1, paragraph (d), clause (5) new text begin ; or
new text end

new text begin (3) a person issued new registration plates pursuant to subdivision 13, paragraph (f),
violates the terms of the ignition interlock program as described in subdivision 13, paragraph
(g) new text end .

(b) The order must require the impoundment of the registration plates of the motor
vehicle involved in the plate impoundment violation and all motor vehicles owned by,
registered, or leased in the name of the violator, including motor vehicles registered jointly
or leased in the name of the violator and another. The commissioner shall not issue an
impoundment order for the registration plates of a rental vehicle, as defined in section
168.041, subdivision 10, or a vehicle registered in another state.

Sec. 5.

Minnesota Statutes 2020, section 169A.60, subdivision 3, is amended to read:

Subd. 3.

Notice of impoundment.

An impoundment order is effective when the
commissioner or a peace officer acting on behalf of the commissioner notifies the violator
or the registered owner of the motor vehicle of the intent to impound and order of
impoundment. The notice must advise the violator of the duties and obligations set forth in
subdivision 6 (surrender of plates) and of the right to obtain administrative and judicial
review. The notice to the registered owner who is not the violator must include the procedure
to obtain new registration plates under subdivision 8. If mailed, the notice and order of
impoundment is deemed received three days after mailing to the last known address of the
violator or the registered owner new text begin , including the address provided when the person became a
program participant in the ignition interlock program under section 171.306 new text end .

Sec. 6.

Minnesota Statutes 2020, section 169A.60, subdivision 13, is amended to read:

Subd. 13.

Special registration plates.

(a) At any time during the effective period of an
impoundment order, a violator or registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers or letters so as to be readily
identified by traffic law enforcement officers. The commissioner may authorize the issuance
of special plates if:

(1) the violator has a qualified licensed driver whom the violator must identify;

(2) the violator or registered owner has a limited license issued under section 171.30;

(3) the registered owner is not the violator and the registered owner has a valid or limited
driver's license;

(4) a member of the registered owner's household has a valid driver's license; or

(5) the violator has been reissued a valid driver's license.

(b) The commissioner may not issue new registration plates for that vehicle subject to
plate impoundment for a period of at least one year from the date of the impoundment order.
In addition, if the owner is the violator, new registration plates may not be issued for the
vehicle unless the person has been reissued a valid driver's license in accordance with chapter
171.

(c) A violator may not apply for new registration plates for a vehicle at any time before
the person's driver's license is reinstated.

(d) The commissioner may issue the special plates on payment of a $50 fee for each
vehicle for which special plates are requested new text begin , except that a person who paid the fee required
under paragraph (f) must not be required to pay an additional fee if the commissioner issued
an impoundment order pursuant to paragraph (g) new text end .

(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request
new registration plates for deleted text begin a deleted text end new text begin any new text end vehicle new text begin owned by a violator or registered owner new text end for which
the registration plates have been impounded if:

(1) the impoundment order is rescinded;

(2) the vehicle is transferred in compliance with subdivision 14; or

(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section
168.27, a financial institution that has submitted a repossession affidavit, or a government
agency.

new text begin (f) Notwithstanding paragraphs (a) to (d), the commissioner, upon request and payment
of a $100 fee for each vehicle for which special plates are requested, must issue new
registration plates for any vehicle owned by a violator or registered owner for which the
registration plates have been impounded if the violator becomes a program participant in
the ignition interlock program under section 171.306. This paragraph does not apply if the
registration plates have been impounded pursuant to paragraph (g).
new text end

new text begin (g) The commissioner shall issue a registration plate impoundment order for new
registration plates issued pursuant to paragraph (f) if, before a program participant in the
ignition interlock program under section 171.306 has been restored to full driving privileges,
the program participant:
new text end

new text begin (1) either voluntarily or involuntarily ceases to participate in the program for more than
30 days; or
new text end

new text begin (2) fails to successfully complete the program as required by the Department of Public
Safety due to:
new text end

new text begin (i) two or more occasions of the participant's driving privileges being withdrawn for
violating the terms of the program, unless the withdrawal is determined to be caused by an
error of the department or the interlock provider; or
new text end

new text begin (ii) violating the terms of the contract with the provider as determined by the provider.
new text end

Sec. 7.

Minnesota Statutes 2020, section 171.29, subdivision 1, is amended to read:

Subdivision 1.

Examination required.

new text begin (a) new text end No person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792 deleted text begin , 169A.52, deleted text end
deleted text begin or deleted text end shall be issued another license unless and until that person shall have successfully
passed an examination as required by the commissioner of public safety. This subdivision
does not apply to an applicant for early reinstatement under section 169.792, subdivision
7a.

new text begin (b) The requirement to successfully pass the examination described in paragraph (a)
does not apply to a person whose driver's license has been revoked because of an impaired
driving offense.
new text end

Sec. 8.

Minnesota Statutes 2020, section 171.30, subdivision 1, is amended to read:

Subdivision 1.

Conditions of issuance.

(a) The commissioner may issue a limited license
to the driver under the conditions in paragraph (b) in any case where a person's license has
been:

(1) suspended under section 171.18, 171.173, 171.186, or 171.187;

(2) revoked, canceled, or denied under section:

(i) 169.792;

(ii) 169.797;

(iii) 169A.52:

(A) subdivision 3, paragraph (a), clause (1) or (2); new text begin or
new text end

deleted text begin (B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

deleted text begin (C) deleted text end new text begin (B) new text end subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;

deleted text begin (D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

(iv) 171.17; or

(v) 171.172;

(3) revoked, canceled, or denied under section 169A.54:

(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less
than twice the legal limit;

(ii) subdivision 1, clause (2); new text begin or
new text end

deleted text begin (iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or
deleted text end

deleted text begin (iv) deleted text end new text begin (iii) new text end subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit; or

(4) revoked, canceled, or denied under section 171.177:

(i) subdivision 4, paragraph (a), clause (1) or (2); new text begin or
new text end

deleted text begin (ii) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end

deleted text begin (iii) deleted text end new text begin (ii) new text end subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (iv) subdivision 5, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306.
deleted text end

(b) The following conditions for a limited license under paragraph (a) include:

(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;

(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial
disruption of the education, medical, or nutritional needs of the family of the homemaker;
or

(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.

(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license may
be limited to the operation of particular vehicles, to particular classes and times of operation,
and to particular conditions of traffic. The commissioner may require that an applicant for
a limited license affirmatively demonstrate that use of public transportation or carpooling
as an alternative to a limited license would be a significant hardship.

(d) For purposes of this subdivision:

(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child or
other dependents; and

(2) "twice the legal limit" means an alcohol concentration of two times the limit specified
in section 169A.20, subdivision 1, clause (5).

(e) The limited license issued by the commissioner shall clearly indicate the limitations
imposed and the driver operating under the limited license shall have the license in possession
at all times when operating as a driver.

(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.

(g) If the person's driver's license or permit to drive has been revoked under section
169.792 or 169.797, the commissioner may only issue a limited license to the person after
the person has presented an insurance identification card, policy, or written statement
indicating that the driver or owner has insurance coverage satisfactory to the commissioner
of public safety. The commissioner of public safety may require the insurance identification
card provided to satisfy this subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.

(h) The limited license issued by the commissioner to a person under section 171.186,
subdivision 4, must expire 90 days after the date it is issued. The commissioner must not
issue a limited license to a person who previously has been issued a limited license under
section 171.186, subdivision 4.

(i) The commissioner shall not issue a limited driver's license to any person described
in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).

(j) The commissioner shall not issue a class A, class B, or class C limited license.

Sec. 9.

Minnesota Statutes 2020, section 171.306, subdivision 2, is amended to read:

Subd. 2.

Performance standards; certification; manufacturer and provider
requirements.

(a) The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program, except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities without a court order.

(b) The manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:

(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; deleted text begin and
deleted text end

(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expired new text begin ; and
new text end

new text begin (3) include in an ignition interlock device contract a provision that requires manufacturers
of certified devices to pay any towing or repair costs caused by device failure or malfunction,
or by damage caused during device installation, servicing, or monitoring new text end .

(c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.

Sec. 10.

Minnesota Statutes 2020, section 171.306, subdivision 4, is amended to read:

Subd. 4.

Issuance of restricted license.

(a) The commissioner shall issue a class D
driver's license, subject to the applicable limitations and restrictions of this section, to a
program participant who meets the requirements of this section and the program guidelines.
The commissioner shall not issue a license unless the program participant has provided
satisfactory proof that:

(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and

(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. new text begin If the participant has previously been convicted of violating section 169.791,
169.793, or 169.797 or the participant's license has previously been suspended or canceled
under section 169.792 or 169.797, new text end the commissioner shall require the participant to present
an insurance identification card deleted text begin , policy, or written statement as proof of insurance coverage,
and may require the insurance identification card provided be deleted text end new text begin that is new text end certified by the insurance
company to be noncancelable for a period not to exceed 12 months.

(b) A license issued under authority of this section must contain a restriction prohibiting
the program participant from driving, operating, or being in physical control of any motor
vehicle not equipped with a functioning ignition interlock device certified by the
commissioner. A participant may drive an employer-owned vehicle not equipped with an
interlock device while in the normal course and scope of employment duties pursuant to
the program guidelines established by the commissioner and with the employer's written
consent.

(c) A program participant whose driver's license has been: (1) revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177,
subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause
(1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause
(1), or suspended under section 171.187, for a violation of section 609.2113, subdivision
1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or
(4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2,
clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
great bodily harm, where the participant has fewer than two qualified prior impaired driving
incidents within the past ten years or fewer than three qualified prior impaired driving
incidents ever; may apply for conditional reinstatement of the driver's license, subject to
the ignition interlock restriction.

(d) A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),
or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,
paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,
paragraph (a), clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2),
item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or
609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,
substantial bodily harm, or great bodily harm, where the participant has two or more qualified
prior impaired driving incidents within the past ten years or three or more qualified prior
impaired driving incidents ever; may apply for deleted text begin a limited deleted text end new text begin conditional reinstatement of the
driver's new text end license, subject to the ignition interlock restriction, if the program participant is
enrolled in a licensed chemical dependency treatment or rehabilitation program as
recommended in a chemical use assessment deleted text begin , and if the participant meets the other applicable
requirements of section 171.30. After completing deleted text end new text begin . As a prerequisite to eligibility for eventual
reinstatement of full driving privileges, a participant whose chemical use assessment
recommended treatment or rehabilitation shall complete new text end a licensed chemical dependency
treatment or rehabilitation program deleted text begin and one year of limited license use without violating
the ignition interlock restriction, the conditions of limited license use, or program guidelines,
the participant may apply for conditional reinstatement of the driver's license, subject to the
ignition interlock restriction deleted text end . If the program participant's ignition interlock device
subsequently registers a positive breath alcohol concentration of 0.02 or higher, the
commissioner shall deleted text begin cancel the driver's license, and the program participant may apply for
another limited license according to this paragraph. deleted text end new text begin extend the time period that the participant
must participate in the program until the participant has reached the required abstinence
period described in section 169A.55, subdivision 4.
new text end

(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority
to determine when a program participant is eligible for restoration of full driving privileges,
except that the commissioner shall not reinstate full driving privileges until the program
participant has met all applicable prerequisites for reinstatement under section 169A.55 and
until the program participant's device has registered no positive breath alcohol concentrations
of 0.02 or higher during the preceding 90 days.

Sec. 11.

Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(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; 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 (f);

(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 deleted text begin the offenses deleted text end new text begin an offense or involving similar circumstances to an offense new text end 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 deleted text begin that would
be a violation of a law deleted text end new text begin similar to an offense or involving similar circumstances to an offense new text end
described in paragraph (a) deleted text begin if committed in this state deleted text end new text begin , clause (1), (2), or (3), new text end 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 begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to offenders
who live in the state or who enter the state on or after that date.
new text end

Sec. 12.

new text begin [299A.477] HOMETOWN HEROES ASSISTANCE PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
new text end

new text begin (b) "Firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving
a general population within the boundaries of the state.
new text end

new text begin (c) "Minnesota Firefighter Initiative" means a collaborative that is established by major
fire service organizations in Minnesota, is a nonprofit organization, and is tax exempt under
section 501(c)(3) of the Internal Revenue Code.
new text end

new text begin Subd. 2. new text end

new text begin Program established. new text end

new text begin The commissioner of public safety shall award a grant
to the Minnesota Firefighter Initiative to administer a hometown heroes assistance program
for Minnesota firefighters. The Minnesota Firefighter Initiative shall use the grant funds:
new text end

new text begin (1) to provide a onetime critical illness monetary support payment to each firefighter
who is diagnosed with cancer or heart disease and who applies for the payment. Monetary
support shall be provided according to the requirements in subdivision 3;
new text end

new text begin (2) to develop a psychotherapy program customized to address emotional trauma
experienced by firefighters and to offer all firefighters in the state up to five psychotherapy
sessions per year under the customized program, provided by mental health professionals;
new text end

new text begin (3) to offer additional psychotherapy sessions to firefighters who need them;
new text end

new text begin (4) to develop, annually update, and annually provide to all firefighters in the state at
least two hours of training on cancer, heart disease, and emotional trauma as causes of illness
and death for firefighters; steps and best practices for firefighters to limit the occupational
risks of cancer, heart disease, and emotional trauma; provide evidence-based suicide
prevention strategies; and ways for firefighters to address occupation-related emotional
trauma and promote emotional wellness. The training shall be presented by firefighters who
attend an additional course to prepare them to serve as trainers; and
new text end

new text begin (5) for administrative and overhead costs of the Minnesota Firefighter Initiative associated
with conducting the activities in clauses (1) to (4).
new text end

new text begin Subd. 3. new text end

new text begin Critical illness monetary support program. new text end

new text begin (a) The Minnesota Firefighter
Initiative shall establish and administer a critical illness monetary support program which
shall provide a onetime support payment of up to $20,000 to each firefighter diagnosed with
cancer or heart disease. A firefighter may apply for monetary support from the program, in
a form specified by the Minnesota Firefighter Initiative, if the firefighter has a current
diagnosis of cancer or heart disease or was diagnosed with cancer or heart disease in the
year preceding the firefighter's application. A firefighter's application for monetary support
must include a certification from the firefighter's health care provider of the firefighter's
diagnosis with cancer or heart disease. The Minnesota Firefighter Initiative shall establish
criteria to guide disbursement of monetary support payments under this program, and shall
scale the amount of monetary support provided to each firefighter according to the severity
of the firefighter's diagnosis.
new text end

new text begin (b) The commissioner of public safety may access the accounts of the critical illness
monetary support program and may conduct periodic audits of the program to ensure that
payments are being made in compliance with this section and disbursement criteria
established by the Minnesota Firefighter Initiative.
new text end

new text begin Subd. 4. new text end

new text begin Money from nonstate sources. new text end

new text begin The commissioner may accept contributions
from nonstate sources to supplement state appropriations for the hometown heroes assistance
program. Contributions received under this subdivision are appropriated to the commissioner
for the grant to the Minnesota Firefighter Initiative for purposes of this section.
new text end

Sec. 13.

Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:

Subd. 2.

Expense recovery.

The commissioner shall assess the responsible person for
the regional hazardous materials response team costs of response. The commissioner may
bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional
court costs. new text begin Any funds received by the commissioner under this subdivision are appropriated
to the commissioner to pay for costs for which the funds were received. Any remaining
funds at the end of the biennium shall be transferred to the Fire Safety Account.
new text end

Sec. 14.

new text begin [299A.783] STATEWIDE ANTITRAFFICKING INVESTIGATION
COORDINATION.
new text end

new text begin Subdivision 1. new text end

new text begin Antitrafficking investigation coordinator. new text end

new text begin The commissioner of public
safety must appoint a statewide antitrafficking investigation coordinator who shall work in
the Office of Justice Programs. The coordinator must be a current or former law enforcement
officer or prosecutor with experience investigating or prosecuting trafficking-related offenses.
The coordinator must also have knowledge of services available to and Safe Harbor response
for victims of sex trafficking and sexual exploitation and Minnesota's child welfare system
response. The coordinator serves at the pleasure of the commissioner in the unclassified
service.
new text end

new text begin Subd. 2. new text end

new text begin Coordinator's responsibilities. new text end

new text begin The coordinator shall have the following duties:
new text end

new text begin (1) develop, coordinate, and facilitate training for law enforcement officers, prosecutors,
courts, child welfare workers, social service providers, medical providers, and other
community members;
new text end

new text begin (2) establish standards for approved training and review compliance with those standards;
new text end

new text begin (3) coordinate and monitor multijurisdictional sex trafficking task forces;
new text end

new text begin (4) review, develop, promote, and monitor compliance with investigative protocols to
ensure that law enforcement officers and prosecutors engage in best practices;
new text end

new text begin (5) provide technical assistance and advice related to the investigation and prosecution
of trafficking offenses and the treatment of victims;
new text end

new text begin (6) promote the efficient use of resources by addressing issues of deconfliction, providing
advice regarding questions of jurisdiction, and promoting the sharing of data between entities
investigating and prosecuting trafficking offenses;
new text end

new text begin (7) assist in the appropriate distribution of grants;
new text end

new text begin (8) perform other duties necessary to ensure effective and efficient investigation and
prosecution of trafficking-related offenses; and
new text end

new text begin (9) coordinate with other federal, state, and local agencies to ensure multidisciplinary
responses to trafficking and exploitation of youth in Minnesota.
new text end

Sec. 15.

new text begin [299A.85] OFFICE FOR MISSING AND MURDERED INDIGENOUS
RELATIVES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given.
new text end

new text begin (a) "Indigenous" means descended from people who were living in North America at
the time people from Europe began settling in North America.
new text end

new text begin (b) "Missing and murdered Indigenous relatives" means missing and murdered Indigenous
people.
new text end

new text begin (c) "Missing and Murdered Indigenous Women Task Force report" means the report
titled "Missing and Murdered Indigenous Women Task Force: a Report to the Minnesota
Legislature," published by the Wilder Research organization in December 2020.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish and maintain an office
dedicated to preventing and ending the targeting of Indigenous women, children, and
two-spirited people with the Minnesota Office of Justice Programs.
new text end

new text begin Subd. 3. new text end

new text begin Director; staff. new text end

new text begin (a) The commissioner must appoint a director who is a person
closely connected to a Tribe or Indigenous community and who is highly knowledgeable
about criminal investigations. The commissioner is encouraged to consider candidates for
appointment who are recommended by Tribes and Indigenous communities.
new text end

new text begin (b) The director may select, appoint, and compensate out of available funds assistants
and employees as necessary to discharge the office's responsibilities.
new text end

new text begin (c) The director and full-time staff shall be members of the Minnesota State Retirement
Association.
new text end

new text begin Subd. 4. new text end

new text begin Duties. new text end

new text begin The office has the following duties:
new text end

new text begin (1) advocate in the legislature for legislation that will facilitate the accomplishment of
the mandates identified in the Missing and Murdered Indigenous Women Task Force report;
new text end

new text begin (2) advocate for state agencies to take actions to facilitate the accomplishment of the
mandates identified in the Missing and Murdered Indigenous Women Task Force report;
new text end

new text begin (3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to the cases of missing and murdered Indigenous
relatives;
new text end

new text begin (4) facilitate research to refine the mandates in the Missing and Murdered Indigenous
Women Task Force report and to assess the potential efficacy, feasibility, and impact of the
recommendations;
new text end

new text begin (5) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;
new text end

new text begin (6) track and collect Minnesota data on missing and murdered indigenous women,
children, and relatives, and provide statistics upon public or legislative inquiry;
new text end

new text begin (7) facilitate technical assistance for local and Tribal law enforcement agencies during
active missing and murdered Indigenous relatives cases;
new text end

new text begin (8) conduct case reviews and report on the results of case reviews for the following types
of missing and murdered Indigenous relatives cases: cold cases for missing Indigenous
people and death investigation review for cases of Indigenous people ruled as suicide or
overdose under suspicious circumstances;
new text end

new text begin (9) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against an Indigenous person. These case reviews
should identify those cases where the perpetrator is a repeat offender;
new text end

new text begin (10) prepare draft legislation as necessary to allow the office access to the data required
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;
new text end

new text begin (11) review sentencing guidelines for missing and murdered Indigenous women-related
crimes, recommend changes if needed, and advocate for consistent implementation of the
guidelines across Minnesota courts;
new text end

new text begin (12) develop and maintain communication with relevant divisions in the Department of
Public Safety regarding any cases involving missing and murdered Indigenous relatives and
on procedures for investigating cases involving missing and murdered Indigenous relatives;
and
new text end

new text begin (13) coordinate, as relevant, with the Bureau of Indian Affairs' Cold Case Office through
Operation Lady Justice and other federal efforts, as well as efforts in neighboring states and
Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that
have the right to determine if and how they will coordinate with these other efforts.
new text end

new text begin Subd. 5. new text end

new text begin Coordination with other organizations. new text end

new text begin In fulfilling its duties the office may
coordinate, as useful, with stakeholder groups that were represented on the Missing and
Murdered Indigenous Women Task Force and state agencies that are responsible for the
systems that play a role in investigating, prosecuting, and adjudicating cases involving
violence committed against Indigenous women, those who have a role in supporting or
advocating for missing or murdered Indigenous women and the people who seek justice for
them, and those who represent the interests of Indigenous people. This includes the following
entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau
of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law
enforcement; Minnesota County Attorneys Association; United States Attorney's Office;
juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States
Coast Guard; state agencies, including the Departments of Health, Human Services,
Education, Corrections, and Public Safety; the Minnesota Indian Affairs Council; service
providers who offer legal services, advocacy, and other services to Indigenous women and
girls; the Minnesota Indian Women's Sexual Assault Coalition; Mending the Sacred Hoop;
Indian health organizations; Indigenous women and girls who are survivors; the 11 Tribal
nations that share geography with Minnesota; and organizations and leadership from urban
and statewide American Indian communities.
new text end

new text begin Subd. 6. new text end

new text begin Reports. new text end

new text begin The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered
indigenous women, children, and relatives in Minnesota, including names, dates of
disappearance, and dates of death, to the extent the data is publicly available. The office
must submit the report by January 15 each year to the chairs and ranking minority members
of the legislative committees with primary jurisdiction over public safety.
new text end

new text begin Subd. 7. new text end

new text begin Grants. new text end

new text begin The office may apply for and receive grants from public and private
entities for purposes of carrying out the office's duties under this section.
new text end

new text begin Subd. 8. new text end

new text begin Access to data. new text end

new text begin Notwithstanding section 13.384 or 13.85, the director has access
to corrections and detention data and medical data maintained by an agency and classified
as private data on individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
new text end

Sec. 16.

Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:

Subd. 3.

Additional duty.

new text begin (a) new text end The unit shall investigate all criminal sexual conduct
cases new text begin :
new text end

new text begin (1) new text end involving peace officers, including criminal sexual conduct cases involving chief
law enforcement officers new text begin ; and
new text end

new text begin (2) where a member of the Minnesota National Guard is the victim, the accused is a
member of the Minnesota National Guard, and the incident occurred in Minnesota new text end .

new text begin (b) The unit shall assist the agency investigating an alleged sexual assault of a member
of the Minnesota National Guard by another member of the Minnesota National Guard that
occurred in a jurisdiction outside of the state, if the investigating agency requests assistance
from the unit.
new text end

new text begin (c) new text end The unit may also investigate conflict of interest cases involving peace officers.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, for investigations
beginning on or after that date.
new text end

Sec. 17.

new text begin [299F.0115] EXEMPTION FOR MEMBERS OF FEDERALLY
RECOGNIZED TRIBES.
new text end

new text begin (a) The state fire marshal may issue building-specific waivers from the State Fire Code
if there is conflict with a federally recognized Tribe's religious beliefs, traditional building
practices, or established teachings. Both individual members of federally recognized Tribes,
direct lineal descendents of federally recognized Tribes, and organizations of members of
federally recognized Tribes may apply for these waivers.
new text end

new text begin (b) Waivers may only be granted for the following types of buildings:
new text end

new text begin (1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
new text end

new text begin (2) meeting houses; and
new text end

new text begin (3) one-room educational buildings.
new text end

new text begin (c) To obtain a waiver, an applicant must apply to the state fire marshal on a form
established by the state fire marshal. The application must:
new text end

new text begin (1) identify the building the waiver will apply to;
new text end

new text begin (2) identify the Tribe the applicant is a member of; and
new text end

new text begin (3) declare that requirements of the State Fire Code conflict with religious beliefs,
traditional building practices, or established teachings of the identified Tribe, which the
applicant adheres to.
new text end

new text begin (d) Any building for which a waiver is granted may not be sold or leased until:
new text end

new text begin (1) the building is brought into compliance with the version of the State Fire Code in
force at the time of the sale or lease; or
new text end

new text begin (2) the prospective buyer or lessee to which the building is being sold or leased to obtains
a waiver under this section for the building.
new text end

Sec. 18.

new text begin [299F.3605] PETROLEUM REFINERIES.
new text end

new text begin (a) As used in this section, "petroleum refinery" has the meaning given in section
115C.02, subdivision 10a.
new text end

new text begin (b) By January 1, 2022, each petroleum refinery operating in the state shall maintain or
contract for a full-time paid on-site fire department regularly charged with the responsibility
of providing fire protection to the refinery that is sufficiently trained, equipped, and staffed
to respond to fires at the refinery and to conduct inspections to prevent fires.
new text end

Sec. 19.

new text begin [326B.125] EXEMPTION FOR MEMBERS OF FEDERALLY
RECOGNIZED TRIBES.
new text end

new text begin (a) The commissioner of labor and industry may issue building-specific waivers from
the State Building Code if there is conflict with a federally recognized Tribe's religious
beliefs, traditional building practices, or established teachings. Both individual members
of federally recognized Tribes, direct lineal descendents of federally recognized Tribes, and
organizations of members of federally recognized Tribes may apply for these waivers.
new text end

new text begin (b) Waivers may only be granted for the following types of buildings:
new text end

new text begin (1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
new text end

new text begin (2) meeting houses; and
new text end

new text begin (3) one-room educational buildings.
new text end

new text begin (c) To obtain a waiver, an applicant must apply to the commissioner on a form established
by the commissioner. The application must:
new text end

new text begin (1) identify the building the waiver will apply to;
new text end

new text begin (2) identify the Tribe the applicant is a member of; and
new text end

new text begin (3) declare that requirements of the State Building Code conflict with religious beliefs,
traditional building practices, or established teachings of the identified Tribe, which the
applicant adheres to.
new text end

new text begin (d) Any building for which a waiver is granted may not be sold or leased until:
new text end

new text begin (1) the building is brought into compliance with the version of the State Building Code
in force at the time of the sale or lease; or
new text end

new text begin (2) the prospective buyer or lessee to which the building is being sold or leased to obtains
a waiver under this section for the building.
new text end

Sec. 20.

Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:

Subd. 7.

Sales after 1:00 a.m.; permit fee.

(a) No licensee may sell intoxicating liquor
or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner. Application for the permit must be
on a form the commissioner prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's
gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the following rates:

(1) up to $100,000 in gross receipts, $300;

(2) over $100,000 but not over $500,000 in gross receipts, $750; and

(3) over $500,000 in gross receipts, $1,000.

For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale
for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.

(b) The commissioner shall deposit all permit fees received under this subdivision in
the alcohol enforcement account in the deleted text begin special revenue deleted text end new text begin general new text end fund.

(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish
to the commissioner the information necessary to administer and enforce this subdivision.

Sec. 21.

Minnesota Statutes 2020, section 403.02, subdivision 16, is amended to read:

Subd. 16.

Metropolitan area.

"Metropolitan area" means the counties of Anoka, Carver,
new text begin Chisago, new text end Dakota, Hennepin, new text begin Isanti, new text end Ramsey, Scott, new text begin Sherburne, new text end and Washington.

Sec. 22.

Minnesota Statutes 2020, section 403.03, subdivision 1, is amended to read:

Subdivision 1.

Emergency response services.

new text begin (a) new text end Services available through a 911
system must include police, firefighting, and emergency medical and ambulance services.
Other emergency and civil defense services may be incorporated into the 911 system at the
discretion of the public agency operating the public safety answering point.

new text begin (b) In addition to ensuring an appropriate response under paragraph (a), new text end the 911 system
deleted text begin may deleted text end new text begin shall new text end include a referral to mental health crisis teams, where available.

Sec. 23.

Minnesota Statutes 2020, section 403.07, subdivision 2, is amended to read:

Subd. 2.

Design standards for metropolitan area.

The Metropolitan deleted text begin 911 deleted text end new text begin Emergency
Services new text end Board shall establish and adopt design standards for the metropolitan area 911
system and transmit them to the commissioner for incorporation into the rules adopted
pursuant to this section.

Sec. 24.

Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:

Subdivision 1.

Emergency telecommunications service fee; account.

(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications service provider
connected to the public switched telephone network that furnishes service capable of
originating a 911 emergency telephone call is assessed a fee based upon the number of
wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.

(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid must not cancel and is carried forward to subsequent years
and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications services.

(c) The fee may not be deleted text begin less than eight cents nor more than 65 cents a month until June
30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not
less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than
eight cents nor deleted text end more than 95 cents a month on or after July 1, 2010, for each customer access
line or other basic access service, including trunk equivalents as designated by the Public
Utilities Commission for access charge purposes and including wireless telecommunications
services. With the approval of the commissioner of management and budget, the
commissioner of public safety shall establish the amount of the fee within the limits specified
and inform the companies and carriers of the amount to be collected. When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the
commissioner shall reduce the fee to reflect that debt service on the bonds is no longer
needed. The commissioner shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all customers, except that the fee
imposed under this subdivision does not apply to prepaid wireless telecommunications
service, which is instead subject to the fee imposed under section 403.161, subdivision 1,
paragraph (a).

(d) The fee must be collected by each wireless or wire-line telecommunications service
provider subject to the fee. Fees are payable to and must be submitted to the commissioner
monthly before the 25th of each month following the month of collection, except that fees
may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a
month is due. Receipts must be deposited in the state treasury and credited to a 911
emergency telecommunications service account in the special revenue fund. The money in
the account may only be used for 911 telecommunications services.

(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.

Sec. 25.

Minnesota Statutes 2020, section 403.21, subdivision 3, is amended to read:

Subd. 3.

First phase.

"First phase" or "first phase of the regionwide public safety radio
communication system" means the initial backbone which serves the following deleted text begin nine-county deleted text end new text begin
ten-county new text end metropolitan area: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey,
Scott, new text begin Sherburne, new text end and Washington Counties.

Sec. 26.

Minnesota Statutes 2020, section 403.21, subdivision 12, is amended to read:

Subd. 12.

Greater Minnesota.

"Greater Minnesota" means the area of the state outside
the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area served by the first phase.

Sec. 27.

Minnesota Statutes 2020, section 403.36, subdivision 1, is amended to read:

Subdivision 1.

Membership.

(a) The commissioner of public safety shall convene and
chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked
public safety radio communication system. The system may be referred to as "Allied Radio
Matrix for Emergency Response," or "ARMER."

(b) The board consists of the following members or their designees:

(1) the commissioner of public safety;

(2) the commissioner of transportation;

(3) the state chief information officer;

(4) the commissioner of natural resources;

(5) the chief of the Minnesota State Patrol;

(6) the chair of the Metropolitan Council;

(7) two elected city officials, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area
and one from Greater Minnesota, appointed by the governing body of the League of
Minnesota Cities;

(8) two elected county officials, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area
and one from Greater Minnesota, appointed by the governing body of the Association of
Minnesota Counties;

(9) two sheriffs, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area and one from
Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;

(10) two chiefs of police, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area and
one from Greater Minnesota, appointed by the governor after considering recommendations
made by the Minnesota Chiefs' of Police Association;

(11) two fire chiefs, one from the deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area and one
from Greater Minnesota, appointed by the governor after considering recommendations
made by the Minnesota Fire Chiefs' Association;

(12) two representatives of emergency medical service providers, one from the
deleted text begin nine-county deleted text end new text begin ten-county new text end metropolitan area and one from Greater Minnesota, appointed by
the governor after considering recommendations made by the Minnesota Ambulance
Association;

(13) the chair of the deleted text begin regional radio board for the metropolitan area deleted text end new text begin Metropolitan
Emergency Services Board new text end ; and

(14) a representative of Greater Minnesota elected by those units of government in phase
three and any subsequent phase of development as defined in the statewide, shared radio
and communication plan, who have submitted a plan to the Statewide Radio Board and
where development has been initiated.

(c) The Statewide Radio Board shall coordinate the appointment of board members
representing Greater Minnesota with the appointing authorities and may designate the
geographic region or regions from which an appointed board member is selected where
necessary to provide representation from throughout the state.

Sec. 28.

new text begin [604A.06] AID TO SEXUAL ASSAULT VICTIMS.
new text end

new text begin Subdivision 1. new text end

new text begin Person seeking assistance; immunity from prosecution. new text end

new text begin (a) A person
acting in good faith who contacts a 911 operator or first responder to report that a sexual
assault victim is in need of assistance may not be charged or prosecuted for:
new text end

new text begin (1) the possession, sharing, or use of a controlled substance under section 152.025, or
possession of drug paraphernalia; and
new text end

new text begin (2) if the person is under the age of 21 years, the possession, purchase, or consumption
of alcoholic beverages under section 340A.503.
new text end

new text begin (b) A person qualifies for the immunities provided in this subdivision only if:
new text end

new text begin (1) the evidence for the charge or prosecution was obtained as a result of the person's
seeking assistance for a sexual assault victim; and
new text end

new text begin (2) the person seeks assistance for a sexual assault victim who is in need of assistance
for an immediate health or safety concern, provided that the person who seeks the assistance
is the first person to seek the assistance, provides a name and contact information, and
remains on the scene until assistance arrives or is provided.
new text end

new text begin (c) This subdivision applies to one or two persons acting in concert with the person
initiating contact provided all the requirements of paragraphs (a) and (b) are met.
new text end

new text begin Subd. 2. new text end

new text begin Person experiencing sexual assault; immunity from prosecution. new text end

new text begin (a) A
sexual assault victim who is in need of assistance may not be charged or prosecuted for:
new text end

new text begin (1) the possession, sharing, or use of a controlled substance under section 152.025, or
possession of drug paraphernalia; and
new text end

new text begin (2) if the victim is under the age of 21 years, the possession, purchase, or consumption
of alcoholic beverages under section 340A.503.
new text end

new text begin (b) A victim qualifies for the immunities provided in this subdivision only if the evidence
for the charge or prosecution was obtained as a result of the request for assistance related
to the sexual assault.
new text end

new text begin Subd. 3. new text end

new text begin Persons on probation or release. new text end

new text begin A person's pretrial release, probation,
furlough, supervised release, or parole shall not be revoked based on an incident for which
the person would be immune from prosecution under subdivision 1 or 2.
new text end

new text begin Subd. 4. new text end

new text begin Effect on other criminal prosecutions. new text end

new text begin (a) The act of providing assistance to
a sexual assault victim may be used as a mitigating factor in a criminal prosecution for
which immunity is not provided.
new text end

new text begin (b) Nothing in this section shall:
new text end

new text begin (1) be construed to bar the admissibility of any evidence obtained in connection with
the investigation and prosecution of other crimes or violations committed by a person who
otherwise qualifies for limited immunity under this section;
new text end

new text begin (2) preclude prosecution of a person on the basis of evidence obtained from an
independent source;
new text end

new text begin (3) be construed to limit, modify, or remove any immunity from liability currently
available to public entities, public employees by law, or prosecutors; or
new text end

new text begin (4) prevent probation officers from conducting drug or alcohol testing of persons on
pretrial release, probation, furlough, supervised release, or parole.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, and applies to actions
arising from incidents occurring on or after that date.
new text end

Sec. 29.

Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.

(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is
being sentenced under this section.

(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of
the following laws of this state or any similar laws of the United States or any other state:
sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255;
609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; new text begin ;
new text end 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,
subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision
of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony
penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15
years or more; or Minnesota Statutes 2012, section 609.21.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 30.

Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:

Subd. 2.

Certain violations excepted.

Subdivision 1 does not apply to a misdemeanor
violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision
6; 609.224; 609.2242; 609.226; deleted text begin 609.324, subdivision 3; deleted text end 609.52; or 617.23, or an ordinance
that conforms in substantial part to any of those sections. A violation described in this
subdivision must be treated as a misdemeanor unless the defendant consents to the
certification of the violation as a petty misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 31.

Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:

Subdivision 1.

Solicitation, inducement, and promotion of prostitution; sex trafficking
in the first degree.

(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than deleted text begin 20 deleted text end new text begin 25 new text end years or to payment of a fine of not more than $50,000, or both:

(1) solicits or induces an individual under the age of 18 years to practice prostitution;

(2) promotes the prostitution of an individual under the age of 18 years;

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or

(4) engages in the sex trafficking of an individual under the age of 18 years.

(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than deleted text begin 25 deleted text end new text begin 30 new text end years or to payment of a fine of not more than $60,000, or both, if
one or more of the following aggravating factors are present:

(1) the offender has committed a prior qualified human trafficking-related offense;

(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;

(3) the time period that a sex trafficking victim was held in debt bondage or forced labor
or services exceeded 180 days; or

(4) the offense involved more than one sex trafficking victim.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 32.

Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:

Subd. 1a.

Solicitation, inducement, and promotion of prostitution; sex trafficking
in the second degree.

Whoever, while acting other than as a prostitute or patron, intentionally
does any of the following may be sentenced to imprisonment for not more than deleted text begin 15 deleted text end new text begin 20 new text end years
or to payment of a fine of not more than $40,000, or both:

(1) solicits or induces an individual to practice prostitution;

(2) promotes the prostitution of an individual;

(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual; or

(4) engages in the sex trafficking of an individual.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 33.

Minnesota Statutes 2020, section 609.221, is amended to read:

609.221 ASSAULT IN THE FIRST DEGREE.

Subdivision 1.

Great bodily harm.

Whoever assaults another and inflicts great bodily
harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine
of not more than $30,000, or both.

Subd. 2.

Use of deadly force against peace officer, prosecuting attorney, judge, or
correctional employee.

deleted text begin (a) deleted text end Whoever assaults a peace officer, prosecuting attorney, judge,
or correctional employee by using or attempting to use deadly force against the officer,
attorney, judge, or employee while the person is engaged in the performance of a duty
imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20
years or to payment of a fine of not more than $30,000, or both.

deleted text begin (b) A person convicted of assaulting a peace officer, prosecuting attorney, judge, or
correctional employee as described in paragraph (a) shall be committed to the commissioner
of corrections for not less than ten years, nor more than 20 years. A defendant convicted
and sentenced as required by this paragraph is not eligible for probation, parole, discharge,
work release, or supervised release, until that person has served the full term of imprisonment
as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05,
244.04, 609.12, and 609.135. Notwithstanding section 609.135, the court may not stay the
imposition or execution of this sentence.
deleted text end

new text begin Subd. 3. new text end

new text begin Great bodily harm; peace officer, prosecuting attorney, judge, or
correctional employee. new text end

new text begin Whoever assaults a peace officer, prosecuting attorney, judge, or
correctional employee and inflicts great bodily harm on the officer, attorney, judge, or
employee while the person is engaged in the performance of a duty imposed by law, policy,
or rule may be sentenced to imprisonment for not more than 25 years or to payment of a
fine of not more than $35,000, or both.
new text end

new text begin Subd. 4. new text end

new text begin Use of dangerous weapon or deadly force resulting in great bodily harm
against peace officer, prosecuting attorney, judge, or correctional employee. new text end

new text begin Whoever
assaults and inflicts great bodily harm upon a peace officer, prosecuting attorney, judge, or
correctional employee with a dangerous weapon or by using or attempting to use deadly
force against the officer, attorney, judge, or employee while the person is engaged in the
performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment
for not more than 30 years or to payment of a fine of not more than $40,000, or both.
new text end

new text begin Subd. 5. new text end

new text begin Mandatory sentences for assaults against a peace officer, prosecuting
attorney, judge, or correctional employee. new text end

new text begin (a) A person convicted of assaulting a peace
officer, prosecuting attorney, judge, or correctional employee shall be committed to the
custody of the commissioner of corrections for not less than:
new text end

new text begin (1) ten years, nor more than 20 years, for a violation of subdivision 2;
new text end

new text begin (2) 15 years, nor more than 25 years, for a violation of subdivision 3; or
new text end

new text begin (3) 25 years, nor more than 30 years, for a violation of subdivision 4.
new text end

new text begin (b) A defendant convicted and sentenced as required by this subdivision is not eligible
for probation, parole, discharge, work release, or supervised release, until that person has
served the full term of imprisonment as provided by law, notwithstanding the provisions of
sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section
609.135, the court may not stay the imposition or execution of this sentence.
new text end

new text begin Subd. 6. new text end

new text begin Definitions. new text end

deleted text begin (c) deleted text end As used in this deleted text begin subdivision deleted text end new text begin section new text end :

(1) "correctional employee" means an employee of a public or private prison, jail, or
workhouse;

(2) "deadly force" has the meaning given in section 609.066, subdivision 1;

(3) "peace officer" has the meaning given in section 626.84, subdivision 1;

(4) "prosecuting attorney" means an attorney, with criminal prosecution or civil
responsibilities, who is the attorney general, a political subdivision's elected or appointed
county or city attorney, or a deputy, assistant, or special assistant of any of these; and

(5) "judge" means a judge or justice of any court of this state that is established by the
Minnesota Constitution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 34.

Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:

Subd. 2.

new text begin Patrons of new text end prostitution deleted text begin in public place deleted text end ; penalty deleted text begin for patrons deleted text end .

new text begin (a) new text end Whoever,
while acting as a patron, intentionally does any of the following deleted text begin while in a public place deleted text end is
guilty of a gross misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage
in sexual penetration or sexual contact.

Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.

new text begin (b) Whoever violates the provisions of this subdivision within ten years of a previous
conviction for violating this section or section 609.322 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 35.

Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:

Subd. 4.

Community service in lieu of minimum fine.

The court may order a person
convicted of violating subdivision 2 deleted text begin or 3 deleted text end to perform community work service in lieu of all
or a portion of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that payment of the fine
would create undue hardship for the convicted person or that person's immediate family.
Community work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 36.

Minnesota Statutes 2020, section 609.3241, is amended to read:

609.3241 PENALTY ASSESSMENT AUTHORIZED.

(a) When a court sentences an adult convicted of violating section 609.27, 609.282,
609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting
other than as a prostitute, the court shall impose an assessment of not less than $500 and
not more than $750 for a misdemeanor violation of section 609.27, a violation of section
609.324, subdivision 2, deleted text begin a misdemeanor violation of section 609.324, subdivision 3, deleted text end a violation
of section 609.33, or a violation of section 617.293; otherwise the court shall impose an
assessment of not less than $750 and not more than $1,000. The assessment shall be
distributed as provided in paragraph (c) and is in addition to the surcharge required by
section 357.021, subdivision 6.

(b) The court may not waive payment of the minimum assessment required by this
section. If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the assessment
would create undue hardship for the convicted person or that person's immediate family,
the court may reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.

(c) The assessment collected under paragraph (a) must be distributed as follows:

(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities related
to combating sexual exploitation of youth, or if the arresting officer is an employee of the
state, this portion shall be forwarded to the commissioner of public safety for those purposes
identified in clause (3);

(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled
the case for use in training and education activities relating to combating sexual exploitation
activities of youth; and

(3) 40 percent of the assessment must be forwarded to the commissioner of health to be
deposited in the safe harbor for youth account in the special revenue fund and are
appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited youth, as defined in section 260C.007, subdivision
31.

(d) A safe harbor for youth account is established as a special account in the state treasury.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 37.

Minnesota Statutes 2020, section 609.3459, is amended to read:

609.3459 LAW ENFORCEMENT; REPORTS OF SEXUAL ASSAULTS.

(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law
enforcement investigation by contacting any law enforcement agency, regardless of where
the crime may have occurred. The agency must prepare a summary of the allegation and
provide the person with a copy of it. The agency must begin an investigation of the facts,
or, if the suspected crime was committed in a different jurisdiction, refer the matter along
with the summary to the law enforcement agency where the suspected crime was committed
for an investigation of the facts. new text begin If the agency learns that both the victim and the accused
are members of the Minnesota National Guard, the agency receiving the report must refer
the matter along with the summary to the Bureau of Criminal Apprehension for investigation
pursuant to section 299C.80.
new text end

(b) If a law enforcement agency refers the matter to the law enforcement agency where
the crime was committed, it need not include the allegation as a crime committed in its
jurisdiction for purposes of information that the agency is required to provide to the
commissioner of public safety pursuant to section 299C.06, but must confirm that the other
law enforcement agency has received the referral.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021, for investigations
beginning on or after that date.
new text end

Sec. 38.

Minnesota Statutes 2020, section 609.352, subdivision 4, is amended to read:

Subd. 4.

Penalty.

A person convicted under subdivision 2 or 2a is guilty of a felony and
may be sentenced to imprisonment for not more than deleted text begin three deleted text end new text begin five new text end years, or to payment of a
fine of not more than deleted text begin $5,000 deleted text end new text begin $10,000 new text end , or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 39.

new text begin [609.3775] CHILD TORTURE.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "torture" means the intentional
infliction of extreme mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
new text end

new text begin Subd. 2. new text end

new text begin Crime. new text end

new text begin A person who tortures a child is guilty of a felony and may be sentenced
to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000,
or both.
new text end

new text begin Subd. 3. new text end

new text begin Proof; evidence. new text end

new text begin (a) Expert testimony as to the existence or extent of mental
anguish or psychological abuse is not a requirement for a conviction under this section.
new text end

new text begin (b) A child's special susceptibility to mental anguish or psychological abuse does not
constitute an independent cause of the condition so that a defendant is exonerated from
criminal liability.
new text end

new text begin (c) Proof that a victim suffered pain is not an element of a violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 40.

Minnesota Statutes 2020, section 609.605, subdivision 2, is amended to read:

Subd. 2.

Gross misdemeanor.

Whoever trespasses upon the grounds of a facility
providing emergency shelter services for battered women, as defined under section 611A.31,
subdivision 3, new text begin or providing comparable services for sex trafficking victims, as defined under
section 609.321, subdivision 7b, new text end or of a facility providing transitional housing for battered
women and their children new text begin or sex trafficking victims and their children new text end , without claim of
right or consent of one who has right to give consent, and refuses to depart from the grounds
of the facility on demand of one who has right to give consent, is guilty of a gross
misdemeanor.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 41.

Minnesota Statutes 2020, section 609.66, subdivision 1e, is amended to read:

Subd. 1e.

Felony; drive-by shooting.

(a) deleted text begin Whoever, deleted text end new text begin A person is guilty of a felony who, new text end
while in or having just exited from a motor vehicle, recklessly discharges a firearm at or
toward deleted text begin another deleted text end new text begin :
new text end

new text begin (1) an unoccupied new text end motor vehicle or deleted text begin a deleted text end building deleted text begin 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
$6,000, or both. deleted text end new text begin ;
new text end

new text begin (2) an occupied motor vehicle or building; or
new text end

new text begin (3) a person.
new text end

(b) deleted text begin Any person who violates this subdivision by firing at or toward a person, or an
occupied building or motor vehicle, may be sentenced deleted text end new text begin A person convicted under paragraph
(a), clause (1), may be sentenced to imprisonment for not more than three years or to payment
of a fine of not more than $6,000, or both. A person convicted under paragraph (a), clause
(2) or (3), may be sentenced 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.

(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section
609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision
2.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 42.

Laws 2016, chapter 189, article 4, section 7, is amended to read:

Sec. 7. PUBLIC SAFETY

$

-0-

$

6,100,000

Appropriations by Fund
General	-0-	1,600,000
Trunk Highway	-0-	4,500,000

The amounts that may be spent for each
purpose are specified in the following
paragraphs.

(a) DNA Laboratory

$630,000 is for the Bureau of Criminal
Apprehension DNA laboratory, including the
addition of six forensic scientists. The base
for this activity is $1,000,000 in each of the
fiscal years 2018 and 2019 for eight forensic
scientists.

(b) Children In Need of Services or in
Out-Of-Home Placement

$150,000 is for a grant to an organization that
provides legal representation to 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, or in cash, or in a combination of the
two.

(c) Sex Trafficking

$820,000 is for grants to state and local units
of government for the following purposes:

(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and

(2) to provide technical assistance for sex
trafficking crimes, including deleted text begin training and deleted text end case
consultation, to law enforcement agencies
statewide.

(d) State Patrol

$4,500,000 is from the trunk highway fund to
recruit, hire, train, and equip a State Patrol
Academy. This amount is added to the
appropriation in Laws 2015, chapter 75, article
1, section 5, subdivision 3. The base
appropriation from the trunk highway fund
for patrolling highways in each of fiscal years
2018 and 2019 is $87,492,000, which includes
$4,500,000 each year for a State Patrol
Academy.

Sec. 43.

Laws 2017, chapter 95, article 1, section 11, subdivision 7, is amended to read:

Subd. 7. Office of Justice Programs

39,580,000

40,036,000

Appropriations by Fund
General	39,484,000	39,940,000
State Government Special Revenue	96,000	96,000

(a) OJP Administration Costs

Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.

(b) Combating Terrorism Recruitment

$250,000 each year is for grants to local law
enforcement agencies to develop strategies
and make efforts to combat the recruitment of
Minnesota residents by terrorist organizations
such as ISIS and al-Shabaab. This is a onetime
appropriation.

(c) Sex Trafficking Prevention Grants

$180,000 each year is for grants to state and
local units of government for the following
purposes:

(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and

(2) to provide technical assistance, including
deleted text begin training and deleted text end case consultation, to law
enforcement agencies statewide.

(d) Pathway to Policing Reimbursement Grants

$400,000 the second year is for reimbursement
grants to local units of government that operate
pathway to policing programs intended to
bring persons with nontraditional backgrounds
into law enforcement. Applicants for
reimbursement grants may receive up to 50
percent of the cost of compensating and
training pathway to policing participants.
Reimbursement grants shall be proportionally
allocated based on the number of grant
applications approved by the commissioner.

Sec. 44.

Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended
to read:

Sec. 4. TRANSFER; ALCOHOL ENFORCEMENT ACCOUNT.

deleted text begin (a) deleted text end By July 15, 2021, the commissioner of public safety must certify to the commissioner
of management and budget the amount of permit fees waived under section 3, clause (2),
during the period from January 1, 2021, to June 30, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund to the
alcohol enforcement account in the special revenue fund established under Minnesota
Statutes, section 299A.706.

deleted text begin (b) By January 15, 2022, the commissioner of public safety must certify to the
commissioner of management and budget the amount of permit fees waived under section
3, clause (2), during the period from July 1, 2021, to December 31, 2021, and the
commissioner of management and budget must transfer the certified amount from the general
fund to the alcohol enforcement account in the special revenue fund established under
Minnesota Statutes, section 299A.706.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 45. new text begin NEUROPSYCHOLOGICAL EXAMINATION FEASIBILITY STUDY.
new text end

new text begin (a) The state court administrator shall conduct a feasibility study on requiring courts to
order that individuals convicted of felony-level criminal offenses undergo a
neuropsychological examination to determine whether, due to a stroke, traumatic brain
injury, or fetal alcohol spectrum disorder, the individual had a mental impairment that caused
the individual to lack substantial capacity for judgment when the offense was committed.
new text end

new text begin (b) In conducting the study, the administrator shall consult with interested parties,
including but not limited to prosecutors, public defenders, private criminal defense attorneys,
law enforcement officials, probation officers, judges and employees of the judiciary,
corrections officials, mental health practitioners and treatment providers, individuals with
experience in conducting neuropsychological examinations, and individuals who have
experience in the criminal justice system with people who have suffered strokes, traumatic
brain injuries, and fetal alcohol spectrum disorder.
new text end

new text begin (c) The study must make recommendations on whether the law should be changed to
require these examinations and, if so, the situations and conditions under which the
examinations should be required, including but not limited to:
new text end

new text begin (1) the types of offenses the requirement should apply to;
new text end

new text begin (2) how best to screen individuals to determine whether an examination should be
required;
new text end

new text begin (3) situations in which an examination would not be required, potentially including
where a recent examination had been conducted;
new text end

new text begin (4) the costs involved with requiring examinations and how best to pay for these costs;
and
new text end

new text begin (5) the effect examination results should have on future proceedings involving the
individual, including sentencing and providing treatment.
new text end

new text begin (d) By February 15, 2022, the state court administrator shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over criminal
justice policy and funding on the results of the study.
new text end

Sec. 46. new text begin 911 TELECOMMUNICATOR WORKING GROUP.
new text end

new text begin Subdivision 1. new text end

new text begin Membership. new text end

new text begin (a) The commissioner of public safety shall convene a 911
telecommunicator working group that consists of the commissioner, or a designee, and one
representative of each of the following organizations:
new text end

new text begin (1) the Minnesota Chiefs of Police Association;
new text end

new text begin (2) the Minnesota Sheriffs' Association;
new text end

new text begin (3) the Minnesota Police and Peace Officers Association;
new text end

new text begin (4) the Emergency Communications Network;
new text end

new text begin (5) the Minnesota State Fire Chiefs Association;
new text end

new text begin (6) the Association of Minnesota Counties;
new text end

new text begin (7) the League of Minnesota Cities;
new text end

new text begin (8) Tribal dispatchers;
new text end

new text begin (9) the Metropolitan Emergency Services Board;
new text end

new text begin (10) the Emergency Medical Services Regulatory Board;
new text end

new text begin (11) the Statewide Emergency Communications Board;
new text end

new text begin (12) each of the Statewide Emergency Communications Board's seven regional boards;
new text end

new text begin (13) mental health crisis team providers;
new text end

new text begin (14) the Minnesota Association of Public Safety Communications Officials (MN APCO)
and the National Emergency Number Association of Minnesota (NENA of MN); and
new text end

new text begin (15) the Minnesota Ambulance Association.
new text end

new text begin (b) The working group must also include a nonsupervisory telecommunicator working
in a regional center outside of the seven-county metropolitan area, a nonsupervisory
telecommunicator working in rural Minnesota, and a nonsupervisory telecommunicator
working in the seven-county metropolitan area.
new text end

new text begin (c) The organizations specified in paragraph (a) shall provide the commissioner with a
designated member to serve on the working group by August 1, 2021. The commissioner
shall appoint these members to the working group. Appointments to the working group
must be made by August 15, 2021.
new text end

new text begin Subd. 2. new text end

new text begin Duties; report. new text end

new text begin The working group must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
policy and finance by January 15, 2022. The report must:
new text end

new text begin (1) recommend a statutory definition of 911 telecommunicators;
new text end

new text begin (2) recommend minimum training and continuing education standards for certification
of 911 telecommunicators;
new text end

new text begin (3) recommend standards for certification of 911 telecommunicators;
new text end

new text begin (4) recommend funding options for mandated 911 telecommunicators training;
new text end

new text begin (5) recommend best practices in incident response command structure for the state's first
responders to implement that do not violate either the United States or Minnesota
Constitutions, after reviewing the various incident response command structures used in
the field across the nation and world; and
new text end

new text begin (6) provide other recommendations the working group deems appropriate.
new text end

new text begin Subd. 3. new text end

new text begin First meeting; chair. new text end

new text begin The commissioner of public safety must convene the
first meeting of the working group by September 15, 2021. At the first meeting, the members
must elect a chair. The working group may conduct meetings remotely. The chair shall be
responsible for document management of materials for the working group.
new text end

new text begin Subd. 4. new text end

new text begin Compensation; reimbursement. new text end

new text begin Members serve without compensation.
new text end

new text begin Subd. 5. new text end

new text begin Administrative support. new text end

new text begin The commissioner of public safety must provide
administrative support to the working group.
new text end

new text begin Subd. 6. new text end

new text begin Expiration. new text end

new text begin The working group expires January 15, 2022.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 47. new text begin SURVIVOR SUPPORT AND PREVENTION GRANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Meeting victim needs; grants. new text end

new text begin The Office of Justice Programs shall
award grants to organizations serving victims of crime to (1) provide direct financial
assistance to victims in order to support their immediate financial needs and mitigate the
impacts of crime, and (2) stop the cycles of violence by meeting emerging or unmet needs
impacting victims of crime.
new text end

new text begin Subd. 2. new text end

new text begin Eligibility and awards. new text end

new text begin (a) For grants to organizations to provide direct financial
assistance, the director shall establish the eligibility requirements and mechanisms for
distribution of funds in consultation with Violence Free Minnesota, the Minnesota Coalition
Against Sexual Assault, Minnesota Alliance on Crime, the Minnesota Indian Women Sexual
Assault Coalition, and Sacred Hoop Coalition. Eligibility requirements shall prioritize victim
survivors based on economic need; whether the victim survivor is a member of an
underserved population; whether the person was a victim of sexual assault, domestic violence,
child abuse, or other violent crime; and whether the victim was a juvenile.
new text end

new text begin (b) For grants to stop the cycles of violence by meeting emerging or unmet needs
impacting victims of crime, the director shall award grants to individuals or organizations
who provide direct support to victims, including but not limited to providing support for
immediate and emerging needs for victims of crime or for domestic abuse transformative
justice programs. The director shall prioritize applicants seeking to establish, maintain, or
expand services to underserved populations.
new text end

new text begin (c) Of the amount appropriated for survivor support and prevention grants, at least 30
percent must be awarded to organizations to provide direct financial assistance pursuant to
paragraph (a) and at least 30 percent must be awarded to individuals or organizations
providing support to victims pursuant to paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Report. new text end

new text begin (a) By January 15 of each odd-numbered year the director shall submit
a report to the legislative committees with jurisdiction over public safety on the survivor
support and prevention grants. At a minimum, the report shall include the following:
new text end

new text begin (1) the number of grants awarded to organizations to provide direct financial assistance
to victims and the total amount awarded to each organization;
new text end

new text begin (2) the average amount of direct financial assistance provided to individual victims by
each organization;
new text end

new text begin (3) summary demographic information of recipients of direct financial assistance,
including the age, sex, and race of the recipients;
new text end

new text begin (4) summary information identifying the crimes committed against the recipients of
direct financial assistance;
new text end

new text begin (5) summary information identifying the counties in which recipients of direct financial
assistance resided at the time they received the assistance;
new text end

new text begin (6) the total number of grants issued to individuals or organizations providing support
for crime victims;
new text end

new text begin (7) the amount of grants issued to individuals or organizations providing support for
crime victims; and
new text end

new text begin (8) the services provided by the grant recipients that provided support for crime victims.
new text end

new text begin (b) If the director enters into an agreement with any other organization for the distribution
of funds, the director shall require that organization to provide the information identified
in paragraph (a).
new text end

Sec. 48.

new text begin INNOVATION IN COMMUNITY SAFETY.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the
meanings given them.
new text end

new text begin (b) "Civilian review board" means a board, commission, or other oversight body created
to provide civilian oversight of the conduct of peace officers and law enforcement agencies.
new text end

new text begin (c) "Commissioner" means the commissioner of public safety.
new text end

new text begin (d) "Local commission" has the meaning given in Minnesota Statutes, section 363A.03,
subdivision 23.
new text end

new text begin (e) "Metropolitan area" has the meaning given in Minnesota Statutes, section 473.121,
subdivision 2.
new text end

new text begin (f) "Targeted area" means one or more contiguous census tracts as reported in the most
recently completed decennial census published by the United States Bureau of the Census
that has a poverty rate of at least 20 percent and that experiences a disproportionately high
rate of violent crime.
new text end

new text begin Subd. 2. new text end

new text begin Community engagement. new text end

new text begin The commissioner shall work with community
members to develop a strategy to address violence within targeted areas and promote
community healing and recovery. Additionally, the commissioner shall:
new text end

new text begin (1) provide technical assistance or navigation services to individuals seeking to apply
for grants issued under this section;
new text end

new text begin (2) identify targeted areas;
new text end

new text begin (3) organize and provide technical assistance to local grant advisory boards;
new text end

new text begin (4) assist local grant advisory boards in soliciting applications for grants;
new text end

new text begin (5) develop simplified grant application materials;
new text end

new text begin (6) identify effective forms of community-led intervention to promote public safety;
new text end

new text begin (7) encourage the use of restorative justice programs, including but not limited to
sentencing circles; and
new text end

new text begin (8) administer grants.
new text end

new text begin Subd. 3. new text end

new text begin Innovation in community safety grants. new text end

new text begin (a) After consulting with community
grant advisory boards, the commissioner shall award grants to organizations in targeted
areas for the purposes identified in this subdivision. The commissioner may prioritize
targeted areas, determine which targeted areas are eligible for grants, and establish the total
amount of money available for grants in each targeted area. In prioritizing targeted areas,
the commissioner shall prioritize areas that have the highest rates of violent crime.
new text end

new text begin (b) Recipients of youth, young adult, and family antiviolence outreach program grants
may work with other organizations, including but not limited to law enforcement, state and
local public agencies, interfaith organizations, nonprofit organizations, and African immigrant
and African American community organizations and stakeholders; may focus on African
immigrant and African American youth and young adults; and must:
new text end

new text begin (1) identify behaviors indicating that an individual is vulnerable to committing or being
the victim of bullying or interfamily, community, or domestic abuse;
new text end

new text begin (2) identify and assess factors and influences, including but not limited to family
dysfunction and cultural disengagement that make youth and young adults vulnerable to
recruitment by violent organizations;
new text end

new text begin (3) develop strategies to reduce and eliminate abusive and bullying behaviors among
youth and adults;
new text end

new text begin (4) develop and implement strategies to reduce and eliminate the factors and influences
that make youth and young adults vulnerable to recruitment by violent organizations;
new text end

new text begin (5) develop strategies, programs, and services to educate parents and other family
members to recognize and address behaviors indicating that youth are being recruited by
violent organizations; and
new text end

new text begin (6) in collaboration with public entities and other community and private organizations
that provide services to at-risk youth and families, develop strategies, programs, and services
to reduce and eliminate bullying, abusive behavior, and the vulnerability of youth to
recruitment by violent organizations, including but not limited to:
new text end

new text begin (i) expressive and receptive communications programs, including music, art, theater,
dance, and play designed to teach and develop appropriate skills for interfaith family
communication;
new text end

new text begin (ii) development of protective skills and positive coping skills to deal with bullying,
domestic abuse and interfaith family violence, and violent confrontations in the community;
new text end

new text begin (iii) culturally appropriate individual and family counseling focusing on communication
and interpersonal relations with the family and, when appropriate, the African immigrant
and African American community;
new text end

new text begin (iv) after-school and summer programs for youth and young adults that are structured
and include components offering physical recreation, sports, mentorship, education
enrichment, art, music, and social activities that are culturally appropriate;
new text end

new text begin (v) individual and family-oriented financial planning and management skill building;
new text end

new text begin (vi) culturally appropriate individual and family counseling focusing on education and
employment counseling; and
new text end

new text begin (vii) information regarding and direct links to entities that provide employment skills
training, job search and placement, and employment support activities and services.
new text end

new text begin (c) Recipients of grants to implement the Minnesota SafeStreets program must work
with other organizations and persons in the community to develop community-based
responses to violence that:
new text end

new text begin (1) use and adapt critical incident response methods that have been identified as best
practices in the field, including violence prevention, situational de-escalation, mitigation
of trauma, and restorative justice;
new text end

new text begin (2) provide targeted interventions to prevent the escalation of violence after the occurrence
of serious incidents, such as a shooting, murder, or other violent crime;
new text end

new text begin (3) de-escalate violence with the use of community-based interventions designed to
prevent conflict from becoming violent;
new text end

new text begin (4) provide an alternative to adjudication through a restorative justice model for persons
who commit lower level offenses;
new text end

new text begin (5) develop working relationships with community providers to enable young people to
care for themselves and their families in healthy and empowered ways; and
new text end

new text begin (6) culminate in a collective action plan that, at a minimum, includes the following:
new text end

new text begin (i) increased educational opportunities;
new text end

new text begin (ii) meaningful workforce opportunities;
new text end

new text begin (iii) leadership-based entrepreneurial and social enterprise opportunities;
new text end

new text begin (iv) expanded mental health and chemical health services; and
new text end

new text begin (v) access to critically needed human and social services.
new text end

new text begin (d) Recipients of grants to promote community healing must provide programs and direct
intervention to promote wellness and healing justice and may use funds for:
new text end

new text begin (1) programmatic and community care support for wellness and healing justice
practitioners;
new text end

new text begin (2) the establishment and expansion of community organizations that provide wellness
and healing justice services;
new text end

new text begin (3) placing wellness and healing justice practitioners in organizations that provide direct
service to Black, Indigenous, and people of color communities in Minnesota;
new text end

new text begin (4) providing healing circles;
new text end

new text begin (5) establishing and expanding community coach certification programs to train
community healers and establish a long-term strategy to build the infrastructure for
community healers to be available during times of tragedy; or
new text end

new text begin (6) restorative justice programs, including but not limited to sentencing circles.
new text end

new text begin (e) Recipients of grants to establish or maintain co-responder teams must partner with
local units of government or Tribal governments to build on existing mobile mental health
crisis teams and identify gaps in order to do any of the following:
new text end

new text begin (1) develop and establish independent crisis response teams to de-escalate volatile
situations;
new text end

new text begin (2) respond to situations involving a mental health crisis;
new text end

new text begin (3) promote community-based efforts designed to enhance community safety and
wellness; or
new text end

new text begin (4) support community-based strategies to interrupt, intervene in, or respond to violence.
new text end

new text begin (f) Recipients of grants to establish or maintain community-based mental health and
social service centers must provide direct services to community members in targeted areas.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation; distribution. new text end

new text begin (a) Of the amount appropriated for grants issued
pursuant to subdivision 3, two-thirds shall be distributed in the metropolitan area and
one-third shall be distributed outside the metropolitan area.
new text end

new text begin (b) No grant recipient shall receive more than $1,000,000 each year.
new text end

new text begin Subd. 5. new text end

new text begin Community grant advisory boards; members. new text end

new text begin (a) The commissioner shall
work with the chair or director of a local commission, civilian review board, or similar
organization to establish a community grant advisory board within a targeted area.
new text end

new text begin (b) Community grant advisory boards may review grant applications and make
recommendations to the commissioner regarding which applicants should receive funds
and the amount of those funds.
new text end

new text begin (c) The chair or director of a local commission, civilian review board, or similar
organization shall serve as the chair of a community grant advisory board.
new text end

new text begin (d) A community grant advisory board shall include the chair and at least four but not
more than six other members.
new text end

new text begin (e) The membership of community grant advisory boards shall reflect the demographic
makeup of the targeted area and the members, other than the chair, must reside in the targeted
area over which a board has jurisdiction. A majority of the members of a board must provide
direct services to victims or others in the targeted area as a part of the person's employment
or regular volunteer work.
new text end

new text begin (f) Community grant advisory board members may not accept gifts, donations, or any
other thing of value from applicants.
new text end

Sec. 49. new text begin TASK FORCE ON MISSING AND MURDERED AFRICAN AMERICAN
WOMEN.
new text end

new text begin Subdivision 1. new text end

new text begin Creation and duties. new text end

new text begin (a) The Task Force on Missing and Murdered
African American Women is established to advise the commissioner of public safety and
report to the legislature on recommendations to reduce and end violence against African
American women and girls in Minnesota. The task force may also serve as a liaison between
the commissioner and agencies and nonprofit, nongovernmental organizations that provide
legal, social, or other community services to victims, victims' families, and victims'
communities.
new text end

new text begin (b) The Task Force on Missing and Murdered African American Women must examine
and report on the following:
new text end

new text begin (1) the systemic causes behind violence that African American women and girls
experience, including patterns and underlying factors that explain why disproportionately
high levels of violence occur against African American women and girls, including
underlying historical, social, economic, institutional, and cultural factors which may
contribute to the violence;
new text end

new text begin (2) appropriate methods for tracking and collecting data on violence against African
American women and girls, including data on missing and murdered African American
women and girls;
new text end

new text begin (3) policies and institutions such as policing, child welfare, coroner practices, and other
governmental practices that impact violence against African American women and girls
and the investigation and prosecution of crimes of gender violence against African American
people;
new text end

new text begin (4) measures necessary to address and reduce violence against African American women
and girls; and
new text end

new text begin (5) measures to help victims, victims' families, and victims' communities prevent and
heal from violence that occurs against African American women and girls.
new text end

new text begin (c) At its discretion, the task force may examine other related issues consistent with this
section as necessary.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin (a) To the extent practicable, the Task Force on Missing and
Murdered African American Women shall consist of the following individuals, or their
designees, who are knowledgeable in crime victims' rights or violence protection and, unless
otherwise specified, members shall be appointed by the commissioner of public safety:
new text end

new text begin (1) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
new text end

new text begin (2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
new text end

new text begin (3) two representatives from among the following:
new text end

new text begin (i) the Minnesota Chiefs of Police Association;
new text end

new text begin (ii) the Minnesota Sheriffs' Association;
new text end

new text begin (iii) the Bureau of Criminal Apprehension; or
new text end

new text begin (iv) the Minnesota Police and Peace Officers Association;
new text end

new text begin (4) one or more representatives from among the following:
new text end

new text begin (i) the Minnesota County Attorneys Association;
new text end

new text begin (ii) the United States Attorney's Office; or
new text end

new text begin (iii) a judge or attorney working in juvenile court;
new text end

new text begin (5) a county coroner or a representative from a statewide coroner's association or a
representative of the Department of Health; and
new text end

new text begin (6) three or more representatives from among the following:
new text end

new text begin (i) a statewide or local organization that provides legal services to African American
women and girls;
new text end

new text begin (ii) a statewide or local organization that provides advocacy or counseling for African
American women and girls who have been victims of violence;
new text end

new text begin (iii) a statewide or local organization that provides services to African American women
and girls; or
new text end

new text begin (iv) an African American woman who is a survivor of gender violence.
new text end

new text begin (b) In making appointments under paragraph (a), the commissioner of public safety shall
consult with the Council for Minnesotans of African Heritage.
new text end

new text begin (c) Appointments to the task force must be made by September 1, 2021.
new text end

new text begin (d) Members are eligible for compensation and expense reimbursement consistent with
Minnesota Statutes, section 15.059, subdivision 3.
new text end

new text begin (e) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies in commissioner-appointed positions shall be filled by the
commissioner consistent with the qualifications of the vacating member required by this
subdivision.
new text end

new text begin Subd. 3. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end

new text begin (b) The commissioner of public safety shall convene the first meeting of the task force
no later than October 1, 2021, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end

new text begin (c) The task force shall meet at least quarterly, or upon the call of its chair, and may
hold meetings throughout the state. The task force shall meet sufficiently enough to
accomplish the tasks identified in this section. Meetings of the task force are subject to
Minnesota Statutes, chapter 13D.
new text end

new text begin (d) To accomplish its duties, the task force shall seek out and enlist the cooperation and
assistance of nonprofit, nongovernmental organizations that provide legal, social, or other
community services to victims, victims' families, and victims' communities; community
and advocacy organizations working with the African American community; and academic
researchers and experts, specifically those specializing in violence against African American
women and girls, those representing diverse communities disproportionately affected by
violence against women and girls, or those focusing on issues related to gender violence
and violence against African American women and girls. Meetings of the task force may
include reports from, or information provided by, those individuals or groups.
new text end

new text begin Subd. 4. new text end

new text begin Report. new text end

new text begin On or before December 15, 2022, the task force shall report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
public safety, human services, and state government on the work of the task force. The
report must contain the task force's findings and recommendations and shall include
institutional policies and practices, or proposed institutional policies and practices, that are
effective in reducing gender violence and increasing the safety of African American women
and girls; recommendations for appropriate tracking and collecting of data on violence
against African American women and girls; and recommendations for legislative action to
reduce and end violence against African American women and girls and help victims and
communities heal from gender violence and violence against African American women and
girls.
new text end

new text begin Subd. 5. new text end

new text begin Expiration. new text end

new text begin The task force expires upon submission of the report required
under subdivision 4.
new text end

Sec. 50. new text begin PUBLIC SAFETY ESCROW ACCOUNT.
new text end

new text begin State agencies may accept funds from the public safety escrow account. Funds accepted
by a state agency must be deposited in an account in the special revenue fund and are
appropriated to that agency for the purposes for which they are received.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to funds received by a state agency on or after June 28, 2018.
new text end

Sec. 51. new text begin SENTENCING GUIDELINES COMMISSION DIRECTED TO INCREASE
THE RANKINGS FOR CERTAIN CHILD PORNOGRAPHY CRIMES.
new text end

new text begin The Sentencing Guidelines Commission is directed to increase the severity rankings on
the sex offender grid for a violation of Minnesota Statutes, section 617.247, subdivision 3,
paragraph (b), from severity level D to C, and subdivision 4, paragraph (b), from severity
level F to E, consistent with the recommendations contained in the minority report in the
commission's 2021 report to the legislature. The other modifications to the grid relating to
child pornography crimes proposed in the main report are adopted.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 52. new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section, the following terms have the meanings
given:
new text end

new text begin (1) "aiding and abetting" means a person who is criminally liable for a crime committed
by another because that person intentionally aided, advised, hired, counseled, or conspired
with or otherwise procured the other to commit the crime; and
new text end

new text begin (2) "felony murder" means a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (2), (3), (5), (6), or (7); or 609.19, subdivision 2, clause (1).
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The task force on aiding and abetting felony murder is
established to collect and analyze data on the charging, convicting, and sentencing of people
for aiding and abetting felony murder; assess whether current laws and practices promote
public safety and equity in sentencing; and make recommendations to the legislature.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The task force consists of the following members:
new text end

new text begin (1) the commissioner of corrections or a designee;
new text end

new text begin (2) the executive director of the Minnesota Sentencing Guidelines Commission or a
designee;
new text end

new text begin (3) the state public defender or a designee;
new text end

new text begin (4) the statewide coordinator of the Violent Crime Coordinating Council or a designee;
new text end

new text begin (5) one defense attorney, appointed by the Minnesota Association of Criminal Defense
Lawyers;
new text end

new text begin (6) two county attorneys, one from a county within the seven-county metropolitan area
and the other from outside the seven-county metropolitan area, appointed by the Minnesota
County Attorneys Association;
new text end

new text begin (7) a peace officer familiar with homicide investigations, preferably felony murder,
appointed jointly by the Minnesota Sheriffs' Association, and the Minnesota Chiefs of Police
Association;
new text end

new text begin (8) one member representing a victims' rights organization, appointed by the senate
majority leader;
new text end

new text begin (9) one member of a statewide civil rights organization, appointed by the speaker of the
house of representatives;
new text end

new text begin (10) one impacted person who is directly related to a person who has been convicted of
felony murder, appointed by the governor; and
new text end

new text begin (11) one person with expertise regarding the laws and practices of other states relating
to aiding and abetting felony murder, appointed by the governor.
new text end

new text begin (b) Appointments must be made no later than July 30, 2021.
new text end

new text begin (c) Members shall serve without compensation.
new text end

new text begin (d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Officers; meetings. new text end

new text begin (a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
new text end

new text begin (b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2021, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
new text end

new text begin (c) The task force shall meet at least monthly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
new text end

new text begin (d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of laws criminalizing aiding and abetting
felony murder.
new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The task force shall, at a minimum:
new text end

new text begin (1) collect and analyze data on charges, convictions, and sentences for aiding and abetting
felony murder;
new text end

new text begin (2) collect and analyze data on sentences for aiding and abetting felony murder in which
a person received a mitigated durational departure because the person played a minor or
passive role in the crime or participated under circumstances of coercion or duress;
new text end

new text begin (3) collect and analyze data on charges, convictions, and sentences for codefendants of
people sentenced for aiding and abetting felony murder;
new text end

new text begin (4) review relevant state statutes and state and federal court decisions;
new text end

new text begin (5) receive input from individuals who were convicted of aiding and abetting felony
murder;
new text end

new text begin (6) receive input from family members of individuals who were victims of felony murder;
new text end

new text begin (7) analyze the benefits and unintended consequences of Minnesota Statutes and practices
related to the charging, convicting, and sentencing of people for aiding and abetting felony
murder including but not limited to an analysis of whether current statutes and practice:
new text end

new text begin (i) promote public safety; and
new text end

new text begin (ii) properly punish people for their role in an offense; and
new text end

new text begin (8) make recommendations for legislative action, if any, on laws affecting:
new text end

new text begin (i) the collection and reporting of data; and
new text end

new text begin (ii) the charging, convicting, and sentencing of people for aiding and abetting felony
murder.
new text end

new text begin (b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
new text end

new text begin Subd. 6. new text end

new text begin Report. new text end

new text begin On or before January 15, 2022, 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 criminal sentencing on the findings and
recommendations of the task force.
new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin The task force expires the day after submitting its report under
subdivision 6.
new text end

Sec. 53. new text begin SENTENCING GUIDELINES MODIFICATION.
new text end

new text begin The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, section 609.322.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 54. new text begin TITLE.
new text end

new text begin Section 22 shall be known as "Travis's Law."
new text end

Sec. 55. new text begin TITLE.
new text end

new text begin Section 33 shall be known as "Officer Arik Matson's Law."
new text end

Sec. 56. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 609.324, subdivision 3, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

ARTICLE 3

JUDICIARY, HUMAN RIGHTS, AND DATA PRACTICES

Section 1.

new text begin [3.8844] LEGISLATIVE COMMISSION ON DATA PRACTICES.
new text end

new text begin Subdivision 1. new text end

new text begin Established. new text end

new text begin The Legislative Commission on Data Practices and Personal
Data Privacy is created to study issues relating to government data practices and individuals'
personal data privacy rights and to review legislation impacting data practices, data security,
and personal data privacy. The commission is a continuation of the commission that was
established by Laws 2014, chapter 193, as amended, and which expired June 30, 2019.
new text end

new text begin Subd. 2. new text end

new text begin Membership. new text end

new text begin The commission consists of two senators appointed by the senate
majority leader, two senators appointed by the minority leader in the senate, two members
of the house of representatives appointed by the speaker, and two members of the house of
representatives appointed by the minority leader in the house. Two members from each
chamber must be from the majority party in that chamber and two members from each
chamber must be from the minority party in that chamber. Each appointing authority must
make appointments as soon as possible after the beginning of the regular legislative session
in the odd-numbered year. The ranking senator from the majority party appointed to the
commission must convene the first meeting of a biennium by February 15 in the
odd-numbered year. The commission may elect up to four former legislators who have
demonstrated an interest in, or have a history of working in, the areas of government data
practices and personal data privacy to serve as nonvoting members of the commission. The
former legislators must not be registered lobbyists and shall be compensated as provided
under section 15.0575, subdivision 3.
new text end

new text begin Subd. 3. new text end

new text begin Terms; vacancies. new text end

new text begin Members of the commission serve for terms beginning upon
appointment and ending at the beginning of the regular legislative session in the next
odd-numbered year. The appropriate appointing authority must fill a vacancy for a seat of
a current legislator for the remainder of the unexpired term.
new text end

new text begin Subd. 4. new text end

new text begin Officers. new text end

new text begin The commission must elect a chair and may elect other officers as it
determines are necessary. The chair alternates between a member of the senate and a member
of the house of representatives in January of each odd-numbered year.
new text end

new text begin Subd. 5. new text end

new text begin Staff. new text end

new text begin Legislative staff must provide administrative and research assistance to
the commission. The Legislative Coordinating Commission may, if funding is available,
appoint staff to provide research assistance.
new text end

new text begin Subd. 6. new text end

new text begin Duties. new text end

new text begin The commission shall:
new text end

new text begin (1) review and provide the legislature with research and analysis of emerging issues
relating to government data practices and security and privacy of personal data;
new text end

new text begin (2) review and make recommendations on legislative proposals relating to the Minnesota
Government Data Practices Act; and
new text end

new text begin (3) review and make recommendations on legislative proposals impacting personal data
privacy rights, data security, and other related issues.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. Initial
members of the commission serve for a term ending in January 2023. A member of the
house of representatives shall serve as the first chair of the commission. A member of the
senate shall serve as chair of the commission beginning in January 2023.
new text end

Sec. 2.

Minnesota Statutes 2020, section 13.552, is amended by adding a subdivision to
read:

new text begin Subd. 8. new text end

new text begin Certificate of compliance for public contracts. new text end

new text begin Access to data relating to
certificates of compliance for public contracts is governed by section 363A.36.
new text end

Sec. 3.

Minnesota Statutes 2020, section 13.7931, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin Data on individuals who are minors. new text end

new text begin Except for electronic licensing system
data classified under section 84.0874, data on individuals who are minors that are collected,
created, received, maintained, or disseminated by the Department of Natural Resources are
classified under section 84.0873.
new text end

Sec. 4.

Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:

Subd. 6.

Biennial audit.

(a) In addition to the log required under subdivision 5, the law
enforcement agency must maintain records showing the date and time automated license
plate reader data were collected and the applicable classification of the data. The law
enforcement agency shall arrange for an independent, biennial audit of the records to
determine whether data currently in the records are classified, how the data are used, whether
they are destroyed as required under this section, and to verify compliance with subdivision
7. If the commissioner of administration believes that a law enforcement agency is not
complying with this section or other applicable law, the commissioner may order a law
enforcement agency to arrange for additional independent audits. Data in the records required
under this paragraph are classified as provided in subdivision 2.

(b) The results of the audit are public. The commissioner of administration shall review
the results of the audit. If the commissioner determines that there is a pattern of substantial
noncompliance with this section by the law enforcement agency, the agency must
immediately suspend operation of all automated license plate reader devices until the
commissioner has authorized the agency to reinstate their use. An order of suspension under
this paragraph may be issued by the commissioner, upon review of the results of the audit,
review of the applicable provisions of this chapter, and after providing the agency a
reasonable opportunity to respond to the audit's findings.

(c) A report summarizing the results of each audit must be provided to the commissioner
of administration, to the deleted text begin chair deleted text end new text begin chairs new text end and ranking minority members of the committees of
the house of representatives and the senate with jurisdiction over data practices and public
safety issues, and to the Legislative Commission on Data Practices and Personal Data Privacy
no later than 30 days following completion of the audit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:

Subd. 9.

Biennial audit.

(a) A law enforcement agency must maintain records showing
the date and time portable recording system data were collected and the applicable
classification of the data. The law enforcement agency shall arrange for an independent,
biennial audit of the data to determine whether data are appropriately classified according
to this section, how the data are used, and whether the data are destroyed as required under
this section, and to verify compliance with subdivisions 7 and 8. If the governing body with
jurisdiction over the budget of the agency determines that the agency is not complying with
this section or other applicable law, the governing body may order additional independent
audits. Data in the records required under this paragraph are classified as provided in
subdivision 2.

(b) The results of the audit are public, except for data that are otherwise classified under
law. The governing body with jurisdiction over the budget of the law enforcement agency
shall review the results of the audit. If the governing body determines that there is a pattern
of substantial noncompliance with this section, the governing body must order that operation
of all portable recording systems be suspended until the governing body has authorized the
agency to reinstate their use. An order of suspension under this paragraph may only be made
following review of the results of the audit and review of the applicable provisions of this
chapter, and after providing the agency and members of the public a reasonable opportunity
to respond to the audit's findings in a public meeting.

(c) A report summarizing the results of each audit must be provided to the governing
body with jurisdiction over the budget of the law enforcement agency deleted text begin and deleted text end new text begin , new text end to the Legislative
Commission on Data Practices and Personal Data Privacy new text begin , and to the chairs and ranking
minority members of the committees of the house of representatives and the senate with
jurisdiction over data practices and public safety issues new text end no later than 60 days following
completion of the audit.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6.

Minnesota Statutes 2020, section 13.851, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Jailhouse witnesses. new text end

new text begin Data collected and maintained by the commissioner of
corrections regarding jailhouse witnesses are governed by section 634.045.
new text end

Sec. 7.

new text begin [84.0873] DATA ON INDIVIDUALS WHO ARE MINORS.
new text end

new text begin (a) When the Department of Natural Resources collects, creates, receives, maintains, or
disseminates the following data on individuals who the department knows are minors, the
data are considered private data on individuals, as defined in section 13.02, subdivision 12,
except for data classified as public data according to section 13.43:
new text end

new text begin (1) name;
new text end

new text begin (2) date of birth;
new text end

new text begin (3) Social Security number;
new text end

new text begin (4) telephone number;
new text end

new text begin (5) e-mail address;
new text end

new text begin (6) physical or mailing address;
new text end

new text begin (7) location data;
new text end

new text begin (8) online account access information;
new text end

new text begin (9) data associated with the location of electronic devices; and
new text end

new text begin (10) other data that would identify participants who have registered for events, programs,
or classes sponsored by the Department of Natural Resources.
new text end

new text begin (b) Access to data described in paragraph (a) is subject to Minnesota Rules, part
1205.0500. Data about minors classified under this section maintain their classification as
private data on individuals after the individual is no longer a minor.
new text end

new text begin (c) When data about minors is created, collected, stored, or maintained as part of the
electronic licensing system described in section 84.0874, the data is governed by section
84.0874 and may be disclosed pursuant to the provisions therein.
new text end

Sec. 8.

Minnesota Statutes 2020, section 169.99, subdivision 1c, is amended to read:

Subd. 1c.

Notice of surcharge.

All parts of the uniform traffic ticket must deleted text begin give deleted text end new text begin provide
new text end conspicuous notice deleted text begin of the fact deleted text end that, if convicted, the person to whom it was issued deleted text begin must deleted text end new text begin may
be required to new text end pay a state-imposed surcharge under section 357.021, subdivision 6, and the
current amount of the required surcharge.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end

Sec. 9.

Minnesota Statutes 2020, section 169.99, is amended by adding a subdivision to
read:

new text begin Subd. 1d. new text end

new text begin Financial hardship. new text end

new text begin The first paragraph on the reverse side of the summons
on the uniform traffic ticket must include the following, or substantially similar, language:
"All or part of the cost of this summons may be waived on a showing of indigency or undue
hardship on you or your family. You may schedule a court appearance to request a waiver
based on your ability to pay by calling the Minnesota Court Payment Center (CPC) [followed
by the Court Payment Center telephone number]. For more information, call the CPC or
visit www.mncourts.gov/fines."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2022. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end

Sec. 10.

Minnesota Statutes 2020, section 357.021, subdivision 1a, is amended to read:

Subd. 1a.

Transmittal of fees to commissioner of management and budget.

(a) Every
person, including the state of Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the court administrator of said court
the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of management and budget
for deposit in the state treasury and credit to the general fund. $30 of each fee collected in
a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner
of management and budget in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the Minnesota Family
Resiliency Partnership under section 116L.96.

(b) In a county which has a screener-collector position, fees paid by a county pursuant
to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary paid for the screener-collector
position. The balance of the fees collected shall then be forwarded to the commissioner of
management and budget for deposit in the state treasury and credited to the general fund.
In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which
has a screener-collector position, the fees paid by a county shall be transmitted monthly to
the commissioner of management and budget for deposit in the state treasury and credited
to the general fund. A screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines and to review the incomes
of potential clients of the public defender, in order to verify eligibility for that service.

(c) No fee is required under this section from the public authority or the party the public
authority represents in an action for:

(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;

(2) civil commitment under chapter 253B;

(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525;

(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery
of overpayments of public assistance;

(5) court relief under chapters 260, 260A, 260B, and 260C;

(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;

(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;

(8) restitution under section 611A.04; or

(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.

(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.

new text begin (e) No fee is required under this section from any federally recognized Indian Tribe or
its representative in an action for:
new text end

new text begin (1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court or in a proceeding under section 484.702;
new text end

new text begin (2) civil commitment under chapter 253B;
new text end

new text begin (3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525; or
new text end

new text begin (4) court relief under chapters 260, 260A, 260B, 260C, and 260D.
new text end

Sec. 11.

Minnesota Statutes 2020, section 357.021, subdivision 6, is amended to read:

Subd. 6.

Surcharges on criminal and traffic offenders.

(a) Except as provided in this
deleted text begin paragraph deleted text end new text begin subdivision new text end , the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.

deleted text begin (b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and correct
the record.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end The court may deleted text begin not deleted text end new text begin reduce the amount or new text end waive payment of the surcharge required
under this subdivision deleted text begin . Upon deleted text end new text begin on new text end a showing of indigency or undue hardship upon the convicted
person or the convicted person's immediate family deleted text begin , the sentencing court may authorize
payment of the surcharge in installments deleted text end . new text begin Additionally, the court may permit the defendant
to perform community work service in lieu of a surcharge.
new text end

deleted text begin (d) deleted text end new text begin (c) new text end The court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.

deleted text begin (e) deleted text end new text begin (d) new text end If the convicted person is sentenced to imprisonment and has not paid the surcharge
before the term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the surcharge from any
earnings the inmate accrues from work performed in the facility or while on conditional
release. The chief executive officer shall forward the amount collected to the court
administrator or other entity collecting the surcharge imposed by the court.

deleted text begin (f) deleted text end new text begin (e) new text end A person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.

deleted text begin (g) deleted text end new text begin (f) new text end The surcharge does not apply to administrative citations issued pursuant to section
169.999.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end

Sec. 12.

Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:

Subdivision 1.

Freedom from discrimination.

(a) It is the public policy of this state to
secure for persons in this state, freedom from discrimination:

(1) in employment because of race, color, creed, religion, national origin, sex, marital
status, disability, status with regard to public assistance, sexual orientation, new text begin familial status, new text end
and age;

(2) in housing and real property because of race, color, creed, religion, national origin,
sex, marital status, disability, status with regard to public assistance, sexual orientation, and
familial status;

(3) in public accommodations because of race, color, creed, religion, national origin,
sex, sexual orientation, and disability;

(4) in public services because of race, color, creed, religion, national origin, sex, marital
status, disability, sexual orientation, and status with regard to public assistance; and

(5) in education because of race, color, creed, religion, national origin, sex, marital status,
disability, status with regard to public assistance, sexual orientation, and age.

(b) Such discrimination threatens the rights and privileges of the inhabitants of this state
and menaces the institutions and foundations of democracy. It is also the public policy of
this state to protect all persons from wholly unfounded charges of discrimination. Nothing
in this chapter shall be interpreted as restricting the implementation of positive action
programs to combat discrimination.

Sec. 13.

Minnesota Statutes 2020, section 363A.08, subdivision 6, is amended to read:

Subd. 6.

Reasonable accommodation.

(a) Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employer with a number of part-time
or full-time employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year equal to or greater than 25 effective July 1, 1992, and
equal to or greater than 15 effective July 1, 1994, an employment agency, or a labor
organization, not to deleted text begin make deleted text end new text begin provide a new text end reasonable accommodation deleted text begin to the known disability of
a qualified disabled person or job applicant deleted text end new text begin for a job applicant or qualified employee with
a disability new text end unless the employer, agency, or organization can demonstrate that the
accommodation would impose an undue hardship on the business, agency, or organization.
"Reasonable accommodation" means steps which must be taken to accommodate the known
physical or mental limitations of a qualified deleted text begin disabled person deleted text end new text begin individual with a disability new text end .
new text begin To determine the appropriate reasonable accommodation the employer, agency, or
organization shall initiate an informal, interactive process with the individual with a disability
in need of the accommodation. This process should identify the limitations resulting from
the disability and any potential reasonable accommodations that could overcome those
limitations. new text end "Reasonable accommodation" may include but is not limited to, nor does it
necessarily require: (1) making facilities readily accessible to and usable by deleted text begin disabled persons deleted text end new text begin
individuals with disabilities new text end ; and (2) job restructuring, modified work schedules, reassignment
to a vacant position, acquisition or modification of equipment or devices, and the provision
of aides on a temporary or periodic basis.

(b) In determining whether an accommodation would impose an undue hardship on the
operation of a business or organization, factors to be considered include:

(1) the overall size of the business or organization with respect to number of employees
or members and the number and type of facilities;

(2) the type of the operation, including the composition and structure of the work force,
and the number of employees at the location where the employment would occur;

(3) the nature and cost of the needed accommodation;

(4) the reasonable ability to finance the accommodation at each site of business; and

(5) documented good faith efforts to explore less restrictive or less expensive alternatives,
including consultation with the disabled person or with knowledgeable disabled persons or
organizations.

A prospective employer need not pay for an accommodation for a job applicant if it is
available from an alternative source without cost to the employer or applicant.

Sec. 14.

Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:

Subdivision 1.

Actions.

Any person aggrieved by a violation of this chapter may bring
a civil action as provided in section 363A.33, subdivision 1, or may file a verified charge
with the commissioner or the commissioner's designated agent. A charge filed with the
commissioner must be in writing new text begin by hand, or electronically with an unsworn declaration
under penalty of perjury, new text end on a form provided by the commissioner and signed by the charging
party. The charge must state the name of the person alleged to have committed an unfair
discriminatory practice and set out a summary of the details of the practice complained of.
The commissioner may require a charging party to provide the address of the person alleged
to have committed the unfair discriminatory practice, names of witnesses, documents, and
any other information necessary to process the charge. The commissioner may dismiss a
charge when the charging party fails to provide required information. The commissioner
within ten days of the filing shall serve a copy of the charge and a form for use in responding
to the charge upon the respondent personally new text begin , electronically with the receiving party's
consent, new text end or by mail. The respondent shall file with the department a written response setting
out a summary of the details of the respondent's position relative to the charge within deleted text begin 20 deleted text end new text begin
30 new text end days of receipt of the charge. If the respondent fails to respond with a written summary
of the details of the respondent's position within 30 days after service of the charge, and
service was consistent with rule 4 of the Rules of Civil Procedure, the commissioner, on
behalf of the complaining party, may bring an action for default in district court pursuant
to rule 55.01 of the Rules of Civil Procedure.

Sec. 15.

Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:

Subd. 6.

Charge processing.

(a) Consistent with paragraph (h), the commissioner shall
promptly inquire into the truth of the allegations of the charge. The commissioner shall
make an immediate inquiry when a charge alleges actual or threatened physical violence.
The commissioner shall also make an deleted text begin immediate deleted text end inquiry when it appears that a charge is
frivolous or without merit and shall dismiss those charges.

(b) The commissioner shall give priority to investigating and processing those charges,
in the order below, which the commissioner determines have the following characteristics:

(1) there is evidence of irreparable harm if immediate action is not taken;

(2) there is evidence that the respondent has intentionally engaged in a reprisal;

(3) a significant number of recent charges have been filed against the respondent;

(4) the respondent is a government entity;

(5) there is potential for broadly promoting the policies of this chapter; or

(6) the charge is supported by substantial and credible documentation, witnesses, or
other evidence.

The commissioner shall inform charging parties of these priorities and shall tell each
party if their charge is a priority case or not.

On other charges the commissioner shall make a determination within 12 months after
the charge was filed as to whether or not there is probable cause to credit the allegation of
unfair discriminatory practices.

(c) If the commissioner determines after investigation that no probable cause exists to
credit the allegations of the unfair discriminatory practice, the commissioner shall, within
ten days of the determination, serve upon the charging party and respondent written notice
of the determination. Within deleted text begin ten deleted text end new text begin 30 new text end days after receipt of notice, the charging party may
request in writing, on forms prepared by the department, that the commissioner reconsider
the determination. The request shall contain a brief statement of the reasons for and new
evidence in support of the request for reconsideration. At the time of submission of the
request to the commissioner, the charging party shall deliver or mail to the respondent a
copy of the request for reconsideration. The commissioner shall reaffirm, reverse, or vacate
and remand for further consideration the determination of no probable cause within 20 days
after receipt of the request for reconsideration, and shall within ten days notify in writing
the charging party and respondent of the decision to reaffirm, reverse, or vacate and remand
for further consideration.

A decision by the commissioner that no probable cause exists to credit the allegations
of an unfair discriminatory practice shall not be appealed to the court of appeals pursuant
to section deleted text begin 363A.36 deleted text end new text begin 363A.34 new text end or sections 14.63 to 14.68.

(d) If the commissioner determines after investigation that probable cause exists to credit
the allegations of unfair discriminatory practices, the commissioner shall serve on the
respondent and the respondent's attorney if the respondent is represented by counsel, by
first class mail, new text begin or electronically with the receiving party's consent, new text end a notice setting forth a
short plain written statement of the alleged facts which support the finding of probable cause
and an enumeration of the provisions of law allegedly violated. new text begin Within 30 days after receipt
of notice, the respondent may request in writing, on forms prepared by the department, that
the commissioner reconsider the determination. new text end If the commissioner determines that attempts
to eliminate the alleged unfair practices through conciliation pursuant to subdivision 8 have
been or would be unsuccessful or unproductive, the commissioner deleted text begin shall deleted text end new text begin may new text end issue a complaint
and serve on the respondent, by registered or certified mail, new text begin or electronically with the
receiving party's consent, new text end a written notice of hearing together with a copy of the complaint,
requiring the respondent to answer the allegations of the complaint at a hearing before an
administrative law judge at a time and place specified in the notice, not less than ten days
after service of said complaint. A copy of the notice shall be furnished to the charging party
and the attorney general.

(e) If, at any time after the filing of a charge, the commissioner has reason to believe
that a respondent has engaged in any unfair discriminatory practice, the commissioner may
file a petition in the district court in a county in which the subject of the complaint occurs,
or in a county in which a respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final determination of proceedings under
this chapter, including an order or decree restraining the respondent from doing or procuring
an act tending to render ineffectual an order the commissioner may enter with respect to
the complaint. The court shall have power to grant temporary relief or a restraining order
as it deems just and proper, but no relief or order extending beyond ten days shall be granted
except by consent of the respondent or after hearing upon notice to the respondent and a
finding by the court that there is reasonable cause to believe that the respondent has engaged
in a discriminatory practice. Except as modified by subdivisions 1 to 9 and section 363A.06,
subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and
the district court shall have authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under subdivisions 1 to 9 and section 363A.06,
subdivision 4, shall be given precedence as nearly as practicable over all other pending civil
actions.

(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09,
subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge
of the practice or of the existence of a charge with respect to the practice, the lessor shall
be liable for actual damages sustained by a person by reason of a final order as provided in
subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted
from the dwelling unit.

(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision
4, the commissioner may seek relief for a class of individuals affected by an unfair
discriminatory practice occurring on or after a date one year prior to the filing of the charge
from which the complaint originates.

(h) The commissioner may adopt policies to determine which charges are processed and
the order in which charges are processed based on their particular social or legal significance,
administrative convenience, difficulty of resolution, or other standard consistent with the
provisions of this chapter.

(i) The chief administrative law judge shall adopt policies to provide sanctions for
intentional and frivolous delay caused by any charging party or respondent in an investigation,
hearing, or any other aspect of proceedings before the department under this chapter.

Sec. 16.

Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:

Subd. 2.

Rescission of waiver.

A waiver or release of rights or remedies secured by this
chapter which purports to apply to claims arising out of acts or practices prior to, or
concurrent with, the execution of the waiver or release may be rescinded within 15 calendar
days of its execution, except that a waiver or release given in settlement of a claim filed
with the department or with another administrative agency or judicial body is valid and final
upon execution. A waiving or releasing party shall be informed in writing of the right to
rescind the waiver or release. To be effective, the rescission must be in writing and delivered
to the waived or released party deleted text begin either deleted text end by hand new text begin , electronically with the receiving party's
consent, new text end or new text begin by new text end mail within the 15-day period. If delivered by mail, the rescission must be:

(1) postmarked within the 15-day period;

(2) properly addressed to the waived or released party; and

(3) sent by certified mail return receipt requested.

Sec. 17.

Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:

Subd. 3.

Summons and complaints in a civil action.

A charging party bringing a civil
action shall mail by registered or certified mail new text begin , or electronically with the receiving party's
consent, new text end a copy of the summons and complaint to the commissioner, and upon their receipt
the commissioner shall terminate all proceedings in the department relating to the charge.
No charge shall be filed or reinstituted with the commissioner after a civil action relating
to the same unfair discriminatory practice has been brought unless the civil action has been
dismissed without prejudice.

Sec. 18.

Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:

Subdivision 1.

Scope of application.

(a) deleted text begin For all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan has
been approved by the commissioner. Receipt of a certificate of compliance issued by the
commissioner shall signify that a firm or business has an affirmative action plan that has
been approved by the commissioner. A certificate shall be valid for a period of four years. deleted text end new text begin
No department, agency of the state, the Metropolitan Council, or agency subject to section
473.143, subdivision 1, shall execute a contract for goods or services in excess of $100,000
with a business that has 40 or more full-time employees in this state or a state where the
business has its primary place of business on a single day during the prior 12 months, unless
the business has a workforce certificate from the commissioner of human rights or has
certified in writing that it is exempt. Determinations of exempt status shall be made by the
commissioner of human rights. A certificate is valid for four years. new text end A municipality as defined
in section 466.01, subdivision 1, that receives state money for any reason is encouraged to
prepare and implement an affirmative action plan for the employment of deleted text begin minority persons, deleted text end new text begin
people with disabilities, people of color, and new text end women, and deleted text begin the qualified disabled and deleted text end new text begin to new text end
submit the plan to the commissioner.

deleted text begin (b) This paragraph applies to a contract for goods or services in excess of $100,000 to
be entered into between a department or agency of the state and a business that is not subject
to paragraph (a), but that has more than 40 full-time employees on a single working day
during the previous 12 months in the state where the business has its primary place of
business. A department or agency of the state may not execute a contract or agreement with
a business covered by this paragraph unless the business has a certificate of compliance
issued by the commissioner under paragraph (a) or the business certifies that it is in
compliance with federal affirmative action requirements.
deleted text end

deleted text begin (c) deleted text end new text begin (b) new text end This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 356.645.

deleted text begin (d) deleted text end new text begin (c) new text end The commissioner shall issue a certificate of compliance or notice of denial within
15 days of the application submitted by the business or firm.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to contracts
entered into on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:

Subd. 2.

Filing fee; account; appropriation.

The commissioner shall collect a deleted text begin $150 deleted text end new text begin
$250 new text end fee for each certificate of compliance issued by the commissioner or the commissioner's
designated agent. The proceeds of the fee must be deposited in a human rights fee special
revenue account. Money in the account is appropriated to the commissioner to fund the cost
of issuing certificates and investigating grievances.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for applications received on or after July
1, 2021.
new text end

Sec. 20.

Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Revocation of certificate deleted text end new text begin Violations; remedies new text end .

Certificates of compliance
may be suspended or revoked by the commissioner if a holder of a certificate has not made
a good faith effort to implement an affirmative action plan that has been approved by the
commissioner. If a contractor does not effectively implement an affirmative action plan
approved by the commissioner pursuant to subdivision 1, or fails to make a good faith effort
to do so, the commissioner may refuse to approve subsequent plans submitted by that firm
or business. new text begin If a certificate holder is in violation of this section, the commissioner may
impose one or both of the following actions:
new text end

new text begin (1) issue fines up to $5,000 per calendar year for each contract; or
new text end

new text begin (2) suspend or revoke a certificate of compliance until the contractor has paid all
outstanding fines and otherwise complies with this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to all certificates
of compliance in effect on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:

Subd. 4.

Revocation of contract.

A contract awarded by a department or agency of the
state new text begin , the Metropolitan Council, or an agency subject to section 473.143, subdivision 1, new text end may
be terminated or abridged by the deleted text begin department or agency deleted text end new text begin awarding entity new text end because of suspension
or revocation of a certificate based upon a contractor's failure to implement or make a good
faith effort to implement an affirmative action plan approved by the commissioner under
this section. If a contract is awarded to a person who does not have a contract compliance
certificate required under subdivision 1, the commissioner may void the contract on behalf
of the state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to contracts
entered into on or after that date.
new text end

Sec. 22.

Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Access to data. new text end

new text begin Data submitted to the commissioner related to a certificate of
compliance are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspend or otherwise penalize a certificate holder of a certificate of compliance is public
data. Applications, forms, or similar documents submitted by a business seeking a certificate
of compliance are public data. The commissioner may disclose data classified as private or
nonpublic under this subdivision to other state agencies, statewide systems, and political
subdivisions for the purposes of achieving compliance with this section.
new text end

Sec. 23.

Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:

Subd. 2.

Application.

(a) A business shall apply for an equal pay certificate by paying
a deleted text begin $150 deleted text end new text begin $250 new text end filing fee and submitting an equal pay compliance statement to the
commissioner. The proceeds from the fees collected under this subdivision shall be deposited
in an equal pay certificate special revenue account. Money in the account is appropriated
to the commissioner for the purposes of this section. The commissioner shall issue an equal
pay certificate of compliance to a business that submits to the commissioner a statement
signed by the chairperson of the board or chief executive officer of the business:

(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964,
Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal
Work Law;

(2) that the average compensation for its female employees is not consistently below
the average compensation for its male employees within each of the major job categories
in the EEO-1 employee information report for which an employee is expected to perform
work under the contract, taking into account factors such as length of service, requirements
of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or
other mitigating factors;

(3) that the business does not restrict employees of one sex to certain job classifications
and makes retention and promotion decisions without regard to sex;

(4) that wage and benefit disparities are corrected when identified to ensure compliance
with the laws cited in clause (1) and with clause (2); and

(5) how often wages and benefits are evaluated to ensure compliance with the laws cited
in clause (1) and with clause (2).

(b) The equal pay compliance statement shall also indicate whether the business, in
setting compensation and benefits, utilizes:

(1) a market pricing approach;

(2) state prevailing wage or union contract requirements;

(3) a performance pay system;

(4) an internal analysis; or

(5) an alternative approach to determine what level of wages and benefits to pay its
employees. If the business uses an alternative approach, the business must provide a
description of its approach.

(c) Receipt of the equal pay compliance statement by the commissioner does not establish
compliance with the laws set forth in paragraph (a), clause (1).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for applications received on or after July
1, 2021.
new text end

Sec. 24.

Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:

Subd. 4.

deleted text begin Revocation of certificate deleted text end new text begin Violations; remedies new text end .

An equal pay certificate for
a business may be suspended or revoked by the commissioner when the business fails to
make a good-faith effort to comply with the laws identified in subdivision 2, paragraph (a),
clause (1), fails to make a good-faith effort to comply with this section, or has multiple
violations of this section or the laws identified in subdivision 2, paragraph (a), clause (1).
new text begin The commissioner may also issue a fine due to lack of compliance with this section of up
to $5,000 per calendar year for each contract. The commissioner may suspend or revoke an
equal pay certificate until the business has paid all outstanding fines and otherwise complies
with this section. new text end Prior to new text begin issuing a fine or new text end suspending or revoking a certificate, the
commissioner must first have sought to conciliate with the business regarding wages and
benefits due to employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2021, and applies to all equal pay
certificates in effect on or after that date.
new text end

Sec. 25.

Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:

Subd. 9.

Access to data.

Data submitted to the commissioner related to equal pay
certificates are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspend new text begin or otherwise penalize a certificate holder of new text end an equal pay certificate is public data. new text begin
Applications, forms, or similar documents submitted by a business seeking an equal pay
certificate are public data. The commissioner may disclose data classified as private or
nonpublic under this subdivision to other state agencies, statewide systems, and political
subdivisions for the purposes of achieving compliance with this section.
new text end

Sec. 26.

Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:

Subd. 2b.

Counties.

(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text begin Each calendar
year, deleted text end new text begin On or before the first installment date provided in section 477A.015, paragraph (a), new text end
$500,000 of this appropriation shall be deleted text begin retained deleted text end new text begin transferred each year new text end by the commissioner
of revenue to deleted text begin make reimbursements to the commissioner of management and budget deleted text end new text begin the
Board of Public Defense new text end for deleted text begin payments made deleted text end new text begin the payment of service new text end under section 611.27.
deleted text begin The reimbursements shall be to defray the additional costs associated with court-ordered
counsel under section 611.27. deleted text end Any deleted text begin retained deleted text end new text begin transferred new text end amounts not deleted text begin used for reimbursement deleted text end new text begin
expended or encumbered new text end in a new text begin fiscal new text end year new text begin shall be certified by the Board of Public Defense
to the commissioner of revenue on or before October 1 and new text end shall be included in the next
deleted text begin distribution deleted text end new text begin certification new text end of county need aid deleted text begin that is certified to the county auditors for the
purpose of property tax reduction for the next taxes payable year deleted text end .

(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.

Sec. 27.

Minnesota Statutes 2020, section 524.2-503, is amended to read:

524.2-503 HARMLESS ERROR.

(a) If a document or writing added upon a document was not executed in compliance
with section 524.2-502, the document or writing is treated as if it had been executed in
compliance with section 524.2-502 if the proponent of the document or writing establishes
by clear and convincing evidence that the decedent intended the document or writing to
constitute:

(1) the decedent's will;

(2) a partial or complete revocation of the will;

(3) an addition to or an alteration of the will; or

(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly
revoked portion of the will.

(b) This section applies to documents and writings executed on or after March 13, 2020 deleted text begin ,
but before February 15, 2021 deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from March 13, 2020, and
applies to documents and writings executed on or after March 13, 2020.
new text end

Sec. 28.

Minnesota Statutes 2020, section 611.21, is amended to read:

611.21 SERVICES OTHER THAN COUNSEL.

(a) Counsel appointed by the court for an indigent defendant, or representing a defendant
who, at the outset of the prosecution, has an annual income not greater than 125 percent of
the poverty line established under United States Code, title 42, section 9902(2), may file
an ex parte application requesting investigative, expert, new text begin interpreter, new text end or other services necessary
to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte
proceeding, that the services are necessary and that the defendant is financially unable to
obtain them, the court shall authorize counsel to obtain the services on behalf of the
defendant. The court may establish a limit on the amount which may be expended or promised
for such services. The court may, in the interests of justice, and upon a finding that timely
procurement of necessary services could not await prior authorization, ratify such services
after they have been obtained, but such ratification shall be given only in unusual situations.
The court shall determine reasonable compensation for the services and direct payment by
the county in which the prosecution originated, to the organization or person who rendered
them, upon the filing of a claim for compensation supported by an affidavit specifying the
time expended, services rendered, and expenses incurred on behalf of the defendant, and
the compensation received in the same case or for the same services from any other source.

(b) The compensation to be paid to a person for such service rendered to a defendant
under this section, or to be paid to an organization for such services rendered by an employee,
may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred,
unless payment in excess of that limit is certified by the court as necessary to provide fair
compensation for services of an unusual character or duration and the amount of the excess
payment is approved by the chief judge of the district. The chief judge of the judicial district
may delegate approval authority to an active district judge.

(c) If the court denies authorizing counsel to obtain services on behalf of the defendant,
the court shall make written findings of fact and conclusions of law that state the basis for
determining that counsel may not obtain services on behalf of the defendant. When the court
issues an order denying counsel the authority to obtain services, the defendant may appeal
immediately from that order to the court of appeals and may request an expedited hearing.

Sec. 29.

Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:

Subd. 9.

Request for other appointment of counsel.

The chief district public defender
deleted text begin with the approval of deleted text end new text begin may request that new text end the state public defender deleted text begin may request that the chief
judge of the district court, or a district court judge designated by the chief judge, deleted text end authorize
appointment of counsel other than the district public defender in such cases.

Sec. 30.

Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:

Subd. 10.

Addition of permanent staff.

The chief public defender may not request deleted text begin the
court deleted text end nor may the deleted text begin court order deleted text end new text begin state public defender approve new text end the addition of permanent staff
under subdivision 7.

Sec. 31.

Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:

Subd. 11.

Appointment of counsel.

If the deleted text begin court deleted text end new text begin state public defender new text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begin court shall order deleted text end new text begin state public defender
may approve new text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text begin If the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end

Sec. 32.

Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:

Subd. 13.

Correctional facility inmates.

All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text begin on a monthly basis deleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text begin appointed under a court order deleted text end new text begin approved by the state public defender new text end , the deleted text begin state public
defender deleted text end new text begin Board of Public Defense new text end shall deleted text begin forward to the commissioner of management and
budget deleted text end new text begin pay new text end all deleted text begin billings for deleted text end services deleted text begin rendered under the court order. The commissioner shall
pay for services deleted text end from county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).

The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.

Sec. 33.

Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:

Subd. 15.

Costs of transcripts.

In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text begin state public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shall deleted text end new text begin
Board of Public Defense may new text end pay for these transcripts and other necessary expenses from
county program aid deleted text begin retained deleted text end new text begin transferred new text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).

Sec. 34.

new text begin [611A.95] CERTIFICATIONS FOR VICTIMS OF CRIMES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For purposes of this section, the following terms have the
meanings given:
new text end

new text begin (1) "certifying entity" means a state or local law enforcement agency;
new text end

new text begin (2) "criminal activity" means qualifying criminal activity pursuant to section
101(a)(15)(U)(iii) of the Immigration and Nationality Act, as amended through June 1,
2021, and includes the attempt, conspiracy, or solicitation to commit such crimes; and
new text end

new text begin (3) "certification" means any certification or statement required by federal immigration
law, as amended through June 1, 2021, including, but not limited to, the information required
by United States Code, title 8, section 1184(p), and United States Code, title 8, section
1184(o), including current United States Citizenship and Immigration Services Form I-918,
Supplement B, and United States Citizenship and Immigration Services Form I-914,
Supplement B, and any substantively similar successor forms.
new text end

new text begin Subd. 2. new text end

new text begin Certification process. new text end

new text begin (a) A certifying entity shall process a certification
requested by a victim of criminal activity or a representative of the victim, including the
victim's attorney, family member, or domestic violence or sexual assault violence advocate,
within the time period prescribed in paragraph (b).
new text end

new text begin (b) A certifying entity shall process the certification within 90 days of request, unless
the victim is in removal proceedings, in which case the certification shall be processed
within 14 days of request. Requests for expedited certification must be affirmatively raised
at the time of the request.
new text end

new text begin (c) An active investigation, the filing of charges, or a prosecution or conviction are not
required for the victim of criminal activity to request and obtain the certification, provided
that the certifying entity initiated an investigation and the victim cooperated in it.
new text end

new text begin Subd. 3. new text end

new text begin Certifying entity; designate agent. new text end

new text begin (a) The head of a certifying entity shall
designate an agent to perform the following responsibilities:
new text end

new text begin (1) timely process requests for certification;
new text end

new text begin (2) provide outreach to victims of criminal activity to inform them of the entity's
certification process; and
new text end

new text begin (3) keep a written or electronic record of all certification requests and responses.
new text end

new text begin (b) All certifying entities shall implement a language access protocol for
non-English-speaking victims of criminal activity.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure prohibited; data classification. new text end

new text begin (a) A certifying entity is prohibited
from disclosing the immigration status of a victim of criminal activity, except to comply
with federal law or legal process, or if authorized by the victim of criminal activity or
representative requesting the certification.
new text end

new text begin (b) Data provided to a certifying entity under this section is classified as private data
pursuant to section 13.02, subdivision 12.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Subdivisions 1, 2, and 4 are effective the day following final
enactment. Subdivision 3 is effective July 1, 2021.
new text end

Sec. 35.

new text begin [634.045] JAILHOUSE WITNESSES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. 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) "Benefit" means any plea bargain, bail consideration, reduction or modification of
sentence, or any other leniency, immunity, financial payment, reward, or amelioration of
current or future conditions of incarceration offered or provided in connection with, or in
exchange for, testimony that is offered or provided by a jailhouse witness.
new text end

new text begin (c) "Jailhouse witness" means a person who (1) while incarcerated, claims to have
obtained information from a defendant in a criminal case or a person suspected to be the
perpetrator of an offense, and (2) offers or provides testimony concerning statements made
by that defendant or person suspected to be the perpetrator of an offense. It does not mean
a codefendant or confidential informant who does not provide testimony against a suspect
or defendant.
new text end

new text begin (d) "Commissioner" means the commissioner of corrections.
new text end

new text begin Subd. 2. new text end

new text begin Use of and benefits provided to jailhouse witnesses; data collection. new text end

new text begin (a)
Each county attorney shall report to the commissioner, in a form determined by the
commissioner:
new text end

new text begin (1) the name of the jailhouse witness and the district court file number of the case in
which that witness testified or planned to testify;
new text end

new text begin (2) the substance and use of any testimony of a jailhouse witness against the interest of
a suspect or defendant, regardless of whether such testimony is presented at trial; and
new text end

new text begin (3) the jailhouse witness's agreement to cooperate with the prosecution and any benefit
that the prosecutor has offered or may offer in the future to the jailhouse witness in connection
with the testimony.
new text end

new text begin (b) The commissioner shall maintain a statewide database containing the information
received pursuant to paragraph (a) for 20 years from the date that the jailhouse witness
information was entered into that statewide record.
new text end

new text begin (c) Data collected and maintained pursuant to this subdivision are classified as confidential
data on individuals, as defined in section 13.02, subdivision 3. Only the commissioner may
access the statewide record but shall provide all information held on specific jailhouse
witnesses to a county attorney upon request.
new text end

new text begin Subd. 3. new text end

new text begin Report on jailhouse witnesses. new text end

new text begin By September 15 of each year, beginning in
2022, the commissioner shall publish on its website an annual report of the statewide record
of jailhouse witnesses required under subdivision 2. Information in the report must be limited
to summary data, as defined in section 13.02, subdivision 19, and must include:
new text end

new text begin (1) the total number of jailhouse witnesses tracked in the statewide record; and
new text end

new text begin (2) for each county, the number of new reports added pursuant to subdivision 2, paragraph
(a), over the previous fiscal year.
new text end

new text begin Subd. 4. new text end

new text begin Disclosure of information regarding jailhouse witness. new text end

new text begin (a) In addition to the
requirements for disclosures under rule 9 of the Rules of Criminal Procedure, and within
the timeframes established by that rule, a prosecutor must disclose the following information
to the defense about any jailhouse witness:
new text end

new text begin (1) the complete criminal history of the jailhouse witness, including any charges that
are pending or were reduced or dismissed as part of a plea bargain;
new text end

new text begin (2) any cooperation agreement with the jailhouse witness and any deal, promise,
inducement, or benefit that the state has made or intends to make in the future to the jailhouse
witness;
new text end

new text begin (3) whether, at any time, the jailhouse witness recanted any testimony or statement
implicating the suspect or defendant in the charged crime and, if so, the time and place of
the recantation, the nature of the recantation, and the names of the persons who were present
at the recantation;
new text end

new text begin (4) whether, at any time, the jailhouse witness made a statement implicating any other
person in the charged crime and, if so, the time and place of the statement, the nature of the
statement, and the names of the persons who were present at the statement; and
new text end

new text begin (5) information concerning other criminal cases in which the jailhouse witness has
testified, or offered to testify, against a suspect or defendant with whom the jailhouse witness
was imprisoned or confined, including any cooperation agreement, deal, promise, inducement,
or benefit that the state has made or intends to make in the future to the jailhouse witness.
new text end

new text begin (b) A prosecutor has a continuing duty of disclosure before and during trial. If, after the
omnibus hearing held pursuant to rule 11 of the Rules of Criminal Procedure, a prosecutor
discovers additional material, information, or witnesses subject to disclosure under this
subdivision, the prosecutor must promptly notify the court and defense counsel, or, if the
defendant is not represented, the defendant, of what was discovered. If the court finds that
the jailhouse witness was not known or that materials in paragraph (a) could not be discovered
or obtained by the state within that period with the exercise of due diligence, the court may
order that disclosure take place within a reasonable period. Upon good cause shown, the
court may continue the proceedings.
new text end

new text begin (c) If the prosecutor files a written certificate with the trial court that disclosing the
information described in paragraph (a) would subject the jailhouse witness or other persons
to physical harm or coercion, the court may order that the information must be disclosed to
the defendant's counsel but may limit disclosure to the defendant in a way that does not
unduly interfere with the defendant's right to prepare and present a defense, including limiting
disclosure to nonidentifying information.
new text end

new text begin Subd. 5. new text end

new text begin Victim notification. new text end

new text begin (a) A prosecutor shall make every reasonable effort to
notify a victim if the prosecutor has decided to offer or provide any of the following to a
jailhouse witness in exchange for, or as the result of, a jailhouse witness offering or providing
testimony against a suspect or defendant:
new text end

new text begin (1) reduction or dismissal of charges;
new text end

new text begin (2) a plea bargain;
new text end

new text begin (3) support for a modification of the amount or conditions of bail; or
new text end

new text begin (4) support for a motion to reduce or modify a sentence.
new text end

new text begin (b) Efforts to notify the victim should include, in order of priority: (1) contacting the
victim or a person designated by the victim by telephone; and (2) contacting the victim by
mail. If a jailhouse witness is still in custody, the notification attempt shall be made before
the jailhouse witness is released from custody.
new text end

new text begin (c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct,
or harassment or stalking under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without paying
a fee.
new text end

new text begin (d) The notification required under this subdivision is in addition to the notification
requirements and rights described in sections 611A.03, 611A.0315, 611A.039, and 611A.06.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2021.
new text end

Sec. 36. new text begin INITIAL APPOINTMENTS AND MEETINGS.
new text end

new text begin Appointing authorities for the Legislative Commission on Data Practices under Minnesota
Statutes, section 3.8844, must make initial appointments by July 15, 2021. The speaker of
the house of representatives must designate one member of the commission to convene the
first meeting of the commission by August 1, 2021.
new text end

ARTICLE 4

CRIMINAL SEXUAL CONDUCT

Section 1.

Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:

Subdivision 1.

Description.

Effective July 1, 1959, the state is divided into ten judicial
districts composed of the following named counties, respectively, in each of which districts
judges shall be chosen as hereinafter specified:

1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
and one other shall be maintained at the place designated by the chief judge of the district;

2. Ramsey; 26 judges;

3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert
Lea, Austin, Rochester, and Winona;

4. Hennepin; 60 judges;

5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; deleted text begin 16 deleted text end new text begin 17 new text end judges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and
Mankato;

6. Carlton, St. Louis, Lake, and Cook; 15 judges;

7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;

8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
shall be maintained in Morris, Montevideo, and Willmar;

9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief
River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and

10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.

Sec. 2.

Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:

Subd. 1b.

Registration required.

(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 new text begin , paragraph (b) new text end ; 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 (f);

(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 the offenses 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 that would
be a violation of a law described in paragraph (a) if committed in this state 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 begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 609.135, subdivision 2, is amended to read:

Subd. 2.

Stay of sentence maximum periods.

(a) If the conviction is for a felony other
than section 609.2113, subdivision 1 or 2, deleted text begin or deleted text end 609.2114, subdivision 2, new text begin or section 609.3451,
subdivision 1, new text end or Minnesota Statutes 2012, section 609.21, subdivision 1a, paragraph (b)
or (c), the stay shall be for not more than four years or the maximum period for which the
sentence of imprisonment might have been imposed, whichever is longer.

(b) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113,
subdivision 3, or 609.3451, or for a felony described in section 609.2113, subdivision 1 or
2, deleted text begin or deleted text end 609.2114, subdivision 2, new text begin or 609.3451, subdivision 1, new text end the stay shall be for not more
than six years. The court shall provide for unsupervised probation for the last year of the
stay unless the court finds that the defendant needs supervised probation for all or part of
the last year.

(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the stay
shall be for not more than two years.

(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision
1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision
1, in which the victim of the crime was a family or household member as defined in section
518B.01, the stay shall be for not more than two years. The court shall provide for
unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.

(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay shall
be for not more than one year.

(f) The defendant shall be discharged six months after the term of the stay expires, unless
the stay has been revoked or extended under paragraph (g), or the defendant has already
been discharged.

(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.

(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 609.2325, is amended to read:

609.2325 CRIMINAL ABUSE.

Subdivision 1.

Crimes.

deleted text begin (a) deleted text end A caregiver who, with intent to produce physical or mental
pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation
procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse
and may be sentenced as provided in subdivision 3.

This deleted text begin paragraph deleted text end new text begin subdivision new text end does not apply to therapeutic conduct.

deleted text begin (b) A caregiver, facility staff person, or person providing services in a facility who
engages in sexual contact or penetration, as defined in section 609.341, under circumstances
other than those described in sections 609.342 to 609.345, with a resident, patient, or client
of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision
3.
deleted text end

Subd. 2.

Exemptions.

For the purposes of this section, a vulnerable adult is not abused
for the sole reason that:

(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition
and hydration parenterally or through intubation; this paragraph does not enlarge or diminish
rights otherwise held under law by:

(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or

(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct; new text begin or
new text end

(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adult deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a
person, including a facility staff person, when a consensual sexual personal relationship
existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed prior to the caregiving
relationship.
deleted text end

Subd. 3.

Penalties.

deleted text begin (a) deleted text end A person who violates subdivision 1 deleted text begin , paragraph (a), deleted text end may be
sentenced as follows:

(1) if the act results in the death of a vulnerable adult, imprisonment for not more than
15 years or payment of a fine of not more than $30,000, or both;

(2) if the act results in great bodily harm, imprisonment for not more than ten years or
payment of a fine of not more than $20,000, or both;

(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not
more than five years or payment of a fine of not more than $10,000, or both; or

(4) in other cases, imprisonment for not more than one year or payment of a fine of not
more than $3,000, or both.

deleted text begin (b) A person who violates subdivision 1, paragraph (b), 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.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 609.324, subdivision 1, is amended to read:

Subdivision 1.

Engaging in, hiring, or agreeing to hire minor to engage in
prostitution; penalties.

(a) Whoever intentionally does any of the following may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not more
than $40,000, or both:

(1) engages in prostitution with an individual under the age of deleted text begin 13 deleted text end new text begin 14 new text end years;

(2) hires or offers or agrees to hire an individual under the age of deleted text begin 13 deleted text end new text begin 14 new text end years to engage
in sexual penetration or sexual contact; or

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of deleted text begin 13 deleted text end new text begin 14 new text end years to engage in sexual penetration or sexual contact.

(b) Whoever intentionally does any of the following 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:

(1) engages in prostitution with an individual under the age of 16 years but at least deleted text begin 13 deleted text end new text begin
14 new text end years;

(2) hires or offers or agrees to hire an individual under the age of 16 years but at least
deleted text begin 13 deleted text end new text begin 14 new text end years to engage in sexual penetration or sexual contact; or

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of 16 years but at least 13 years to engage in sexual penetration or sexual
contact.

(c) Whoever intentionally does any of the following 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) engages in prostitution with an individual under the age of 18 years but at least 16
years;

(2) hires or offers or agrees to hire an individual under the age of 18 years but at least
16 years to engage in sexual penetration or sexual contact; or

(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual
contact.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:

Subd. 3.

Force.

"Force" means new text begin either: (1) new text end the infliction deleted text begin , deleted text end new text begin by the actor of bodily harm; or
(2) the new text end attempted infliction, or threatened infliction by the actor of bodily harm or commission
or threat of any other crime by the actor against the complainant or another, which deleted text begin (a) deleted text end causes
the complainant to reasonably believe that the actor has the present ability to execute the
threat deleted text begin and (b) if the actor does not have a significant relationship to the complainant, also
causes the complainant to submit deleted text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:

Subd. 7.

Mentally incapacitated.

"Mentally incapacitated" means new text begin :
new text end

new text begin (1) new text end that a person under the influence of alcohol, a narcotic, anesthetic, or any other
substance, administered to that person without the person's agreement, lacks the judgment
to give a reasoned consent to sexual contact or sexual penetration new text begin ; or
new text end

new text begin (2) that a person is under the influence of any substance or substances to a degree that
renders them incapable of consenting or incapable of appreciating, understanding, or
controlling the person's conduct new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:

Subd. 11.

Sexual contact.

(a) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (a) to deleted text begin (f) deleted text end new text begin (e), and subdivision 1a, clauses (a) to (f) and (i) new text end , and 609.345,
subdivision 1, clauses (a) to deleted text begin (e), deleted text end new text begin (d) new text end and deleted text begin (h) to (p) deleted text end new text begin (i), and subdivision 1a, clauses (a) to (e),
(h), and (i) new text end , includes any of the following acts committed without the complainant's consent,
except in those cases where consent is not a defense, and committed with sexual or aggressive
intent:

(i) the intentional touching by the actor of the complainant's intimate parts, or

(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts effected by a person in a current or recent position of authority, or by coercion, or by
inducement if the complainant is under deleted text begin 13 deleted text end new text begin 14 new text end years of age or mentally impaired, or

(iii) the touching by another of the complainant's intimate parts effected by coercion or
by a person in a current or recent position of authority, or

(iv) in any of the cases above, the touching of the clothing covering the immediate area
of the intimate parts, or

(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's
body or the clothing covering the complainant's body.

(b) "Sexual contact," for the purposes of sections 609.343, subdivision deleted text begin 1 deleted text end new text begin 1a new text end , clauses (g)
and (h), deleted text begin and deleted text end 609.345, subdivision deleted text begin 1 deleted text end new text begin 1a new text end , clauses (f) and (g), new text begin and 609.3458, new text end includes any of
the following acts committed with sexual or aggressive intent:

(i) the intentional touching by the actor of the complainant's intimate parts;

(ii) the touching by the complainant of the actor's, the complainant's, or another's intimate
parts;

(iii) the touching by another of the complainant's intimate parts;

(iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate parts; or

(v) the intentional touching with seminal fluid or sperm by the actor of the complainant's
body or the clothing covering the complainant's body.

(c) "Sexual contact with a person under deleted text begin 13 deleted text end new text begin 14 new text end " means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening with
sexual or aggressive intent or the touching by the complainant's bare genitals or anal opening
of the actor's or another's bare genitals or anal opening with sexual or aggressive intent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2020, section 609.341, subdivision 12, is amended to read:

Subd. 12.

Sexual penetration.

"Sexual penetration" means any of the following acts
committed without the complainant's consent, except in those cases where consent is not a
defense, whether or not emission of semen occurs:

(1) sexual intercourse, cunnilingus, fellatio, or anal intercourse; or

(2) any intrusion however slight into the genital or anal openings:

(i) of the complainant's body by any part of the actor's body or any object used by the
actor for this purpose;

(ii) of the complainant's body by any part of the body of the complainant, by any part
of the body of another person, or by any object used by the complainant or another person
for this purpose, when effected by a person in a current or recent position of authority, or
by coercion, or by inducement if the child is under deleted text begin 13 deleted text end new text begin 14 new text end years of age or mentally impaired;
or

(iii) of the body of the actor or another person by any part of the body of the complainant
or by any object used by the complainant for this purpose, when effected by a person in a
current or recent position of authority, or by coercion, or by inducement if the child is under
deleted text begin 13 deleted text end new text begin 14 new text end years of age or mentally impaired.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2020, section 609.341, subdivision 14, is amended to read:

Subd. 14.

Coercion.

"Coercion" means the use by the actor of words or circumstances
that cause the complainant reasonably to fear deleted text begin that the actor will inflict deleted text end new text begin the infliction of new text end bodily
harm upon the complainant or another, or the use by the actor of confinement, or superior
size or strength, against the complainant deleted text begin that causes the complainant to submit to sexual
penetration or contact against the complainant's will deleted text end new text begin to accomplish the act new text end . Proof of coercion
does not require proof of a specific act or threat.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2020, section 609.341, subdivision 15, is amended to read:

Subd. 15.

Significant relationship.

"Significant relationship" means a situation in which
the actor is:

(1) the complainant's parent, stepparent, or guardian;

(2) any of the following persons related to the complainant by blood, marriage, or
adoption: brother, sister, stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece,
grandparent, great-grandparent, great-uncle, great-aunt; deleted text begin or
deleted text end

(3) an adult who jointly resides intermittently or regularly in the same dwelling as the
complainant and who is not the complainant's spouse new text begin ; or
new text end

new text begin (4) an adult who is or was involved in a significant romantic or sexual relationship with
the parent of a complainant new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:

new text begin Subd. 24. new text end

new text begin Prohibited occupational relationship. new text end

new text begin A "prohibited occupational
relationship" exists when the actor is in one of the following occupations and the act takes
place under the specified circumstances:
new text end

new text begin (1) the actor performed massage or other bodywork for hire, the sexual penetration or
sexual contact occurred during or immediately before or after the actor performed or was
hired to perform one of those services for the complainant, and the sexual penetration or
sexual contact was nonconsensual; or
new text end

new text begin (2) the actor and the complainant were in one of the following occupational relationships
at the time of the act. Consent by the complainant is not a defense:
new text end

new text begin (i) the actor was a psychotherapist, the complainant was the actor's patient, and the sexual
penetration or sexual contact occurred during a psychotherapy session or during a period
of time when the psychotherapist-patient relationship was ongoing;
new text end

new text begin (ii) the actor was a psychotherapist and the complainant was the actor's former patient
who was emotionally dependent on the actor;
new text end

new text begin (iii) the actor was or falsely impersonated a psychotherapist, the complainant was the
actor's patient or former patient, and the sexual penetration or sexual contact occurred by
means of therapeutic deception;
new text end

new text begin (iv) the actor was or falsely impersonated a provider of medical services to the
complainant and the sexual penetration or sexual contact occurred by means of deception
or false representation that the sexual penetration or sexual contact was for a bona fide
medical purpose;
new text end

new text begin (v) the actor was or falsely impersonated a member of the clergy, the complainant was
not married to the actor, the complainant met with the actor in private seeking or receiving
religious or spiritual advice, aid, or comfort from the actor, and the sexual penetration or
sexual contact occurred during the course of the meeting or during a period of time when
the meetings were ongoing;
new text end

new text begin (vi) the actor provided special transportation service to the complainant and the sexual
penetration or sexual contact occurred during or immediately before or after the actor
transported the complainant;
new text end

new text begin (vii) the actor was or falsely impersonated a peace officer, as defined in section 626.84,
the actor physically or constructively restrained the complainant or the complainant did not
reasonably feel free to leave the actor's presence, and the sexual penetration or sexual contact
was not pursuant to a lawful search or lawful use of force;
new text end

new text begin (viii) the actor was an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including but
not limited to jails, prisons, detention centers, or work release facilities, and the complainant
was a resident of a facility or under supervision of the correctional system;
new text end

new text begin (ix) the complainant was enrolled in a secondary school and:
new text end

new text begin (A) the actor was a licensed educator employed or contracted to provide service for the
school at which the complainant was a student;
new text end

new text begin (B) the actor was age 18 or older and at least 48 months older than the complainant and
was employed or contracted to provide service for the secondary school at which the
complainant was a student; or
new text end

new text begin (C) the actor was age 18 or older and at least 48 months older than the complainant, and
was a licensed educator employed or contracted to provide services for an elementary,
middle, or secondary school;
new text end

new text begin (x) the actor was a caregiver, facility staff person, or person providing services in a
facility, and the complainant was a vulnerable adult who was a resident, patient, or client
of the facility who was impaired in judgment or capacity by mental or emotional dysfunction
or undue influence; or
new text end

new text begin (xi) the actor was a caregiver, facility staff person, or person providing services in a
facility, and the complainant was a resident, patient, or client of the facility. This clause
does not apply if a consensual sexual personal relationship existed prior to the caregiving
relationship or if the actor was a personal care attendant.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:

new text begin Subd. 25. new text end

new text begin Caregiver. new text end

new text begin "Caregiver" has the meaning given in section 609.232, subdivision
2.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:

new text begin Subd. 26. new text end

new text begin Facility. new text end

new text begin "Facility" has the meaning given in section 609.232, subdivision 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2020, section 609.341, is amended by adding a subdivision
to read:

new text begin Subd. 27. new text end

new text begin Vulnerable adult. new text end

new text begin "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2020, section 609.342, is amended to read:

609.342 CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.

Subdivision 1.

new text begin Adult victim; new text end crime defined.

A person who engages in sexual penetration
with another person deleted text begin , or in sexual contact with a person under 13 years of age as defined in
section 609.341, subdivision 11, paragraph (c), deleted text end is guilty of criminal sexual conduct in the
first degree if any of the following circumstances exists:

deleted text begin (a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
deleted text end

deleted text begin (b) the complainant is at least 13 years of age but less than 16 years of age and the actor
is more than 48 months older than the complainant and in a current or recent position of
authority over the complainant. Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

deleted text begin (d) deleted text end new text begin (b) new text end the actor is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the weapon or article to cause the complainant to submit;

deleted text begin (e) deleted text end new text begin (c) new text end the actor causes personal injury to the complainant, and deleted text begin either deleted text end new text begin any new text end of the following
circumstances exist:

(i) the actor uses deleted text begin force or deleted text end coercion to accomplish the act; deleted text begin or
deleted text end

new text begin (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

deleted text begin (ii) deleted text end new text begin (iii) new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
new text end

deleted text begin (f) deleted text end new text begin (e) new text end the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:

(i) new text begin the actor or new text end an accomplice uses force or coercion to cause the complainant to submit;
or

(ii) new text begin the actor or new text end an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant reasonably to believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to
submit deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the act. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense; or
deleted text end

deleted text begin (h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the act, and:
deleted text end

deleted text begin (i) the actor or an accomplice used force or coercion to accomplish the act;
deleted text end

deleted text begin (ii) the complainant suffered personal injury; or
deleted text end

deleted text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
deleted text end

deleted text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
deleted text end

new text begin Subd. 1a. new text end

new text begin Victim under the age of 18; crime defined. new text end

new text begin A person who engages in
penetration with anyone under 18 years of age or sexual contact with a person under 14
years of age as defined in section 609.341, subdivision 11, paragraph (c), is guilty of criminal
sexual conduct in the first degree if any of the following circumstances exists:
new text end

new text begin (a) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
new text end

new text begin (b) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the weapon or article to cause the complainant to submit;
new text end

new text begin (c) the actor causes personal injury to the complainant, and any of the following
circumstances exist:
new text end

new text begin (i) the actor uses coercion to accomplish the act;
new text end

new text begin (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

new text begin (iii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

new text begin (d) the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
new text end

new text begin (i) the actor or an accomplice uses force or coercion to cause the complainant to submit;
or
new text end

new text begin (ii) the actor or an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
new text end

new text begin (e) the complainant is under 14 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
new text end

new text begin (f) the complainant is at least 14 years of age but less than 16 years of age and:
new text end

new text begin (i) the actor is more than 36 months older than the complainant; and
new text end

new text begin (ii) the actor is in a current or recent position of authority over the complainant.
new text end

new text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense;
new text end

new text begin (g) the complainant was under 16 years of age at the time of the act and the actor has a
significant relationship to the complainant. Neither mistake as to the complainant's age nor
consent to the act by the complainant is a defense;
new text end

new text begin (h) the complainant was under 16 years of age at the time of the act, and the actor has
a significant relationship to the complainant and any of the following circumstances exist:
new text end

new text begin (i) the actor or an accomplice used force or coercion to accomplish the act;
new text end

new text begin (ii) the complainant suffered personal injury; or
new text end

new text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
new text end

new text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense; or
new text end

new text begin (i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
new text end

Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455; or Minnesota
Statutes 2004, section 609.109, a person convicted under subdivision 1 new text begin or subdivision 1a
new text end may be sentenced to imprisonment for not more than 30 years or to a payment of a fine of
not more than $40,000, or both.

(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 144 months must be imposed on an offender convicted
of violating this section. Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section is also subject to conditional release under
section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end ,
clause (g), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2020, section 609.343, is amended to read:

609.343 CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.

Subdivision 1.

new text begin Adult victim; new text end crime defined.

A person who engages in sexual contact
with another person is guilty of criminal sexual conduct in the second degree if any of the
following circumstances exists:

deleted text begin (a) the complainant is under 13 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;
deleted text end

deleted text begin (b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant and in a current or recent position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;

deleted text begin (d) deleted text end new text begin (b) new text end the actor is armed with a dangerous weapon or any article used or fashioned in
a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
uses or threatens to use the dangerous weapon to cause the complainant to submit;

deleted text begin (e) deleted text end new text begin (c) new text end the actor causes personal injury to the complainant, and deleted text begin either deleted text end new text begin any new text end of the following
circumstances exist:

(i) the actor uses deleted text begin force or deleted text end coercion to accomplish the sexual contact; deleted text begin or
deleted text end

new text begin (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

deleted text begin (ii) deleted text end new text begin (iii) new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (d) the actor uses force as defined in section 609.341, subdivision 3, clause (1); or
new text end

deleted text begin (f) deleted text end new text begin (e) new text end the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:

(i) new text begin the actor or new text end an accomplice uses force or coercion to cause the complainant to submit;
or

(ii) new text begin the actor or new text end an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to
submit deleted text begin ; deleted text end new text begin .
new text end

deleted text begin (g) the actor has a significant relationship to the complainant and the complainant was
under 16 years of age at the time of the sexual contact. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense; or
deleted text end

deleted text begin (h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:
deleted text end

deleted text begin (i) the actor or an accomplice used force or coercion to accomplish the contact;
deleted text end

deleted text begin (ii) the complainant suffered personal injury; or
deleted text end

deleted text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
deleted text end

deleted text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense.
deleted text end

new text begin Subd. 1a. new text end

new text begin Victim under the age of 18; crime defined. new text end

new text begin A person who engages in sexual
contact with anyone under 18 years of age is guilty of criminal sexual conduct in the second
degree if any of the following circumstances exists:
new text end

new text begin (a) circumstances existing at the time of the act cause the complainant to have a
reasonable fear of imminent great bodily harm to the complainant or another;
new text end

new text begin (b) the actor is armed with a dangerous weapon or any article used or fashioned in a
manner to lead the complainant to reasonably believe it to be a dangerous weapon and uses
or threatens to use the dangerous weapon to cause the complainant to submit;
new text end

new text begin (c) the actor causes personal injury to the complainant, and any of the following
circumstances exist:
new text end

new text begin (i) the actor uses coercion to accomplish the sexual contact;
new text end

new text begin (ii) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

new text begin (iii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

new text begin (d) the actor is aided or abetted by one or more accomplices within the meaning of
section 609.05, and either of the following circumstances exists:
new text end

new text begin (i) the actor or an accomplice uses force or coercion to cause the complainant to submit;
or
new text end

new text begin (ii) the actor or an accomplice is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the complainant to reasonably believe it to be a dangerous
weapon and uses or threatens to use the weapon or article to cause the complainant to submit;
new text end

new text begin (e) the complainant is under 14 years of age and the actor is more than 36 months older
than the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense. In a prosecution under this clause, the state is not required to
prove that the sexual contact was coerced;
new text end

new text begin (f) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant and in a current or recent position of authority over
the complainant. Neither mistake as to the complainant's age nor consent to the act by the
complainant is a defense;
new text end

new text begin (g) the complainant was under 16 years of age at the time of the sexual contact and the
actor has a significant relationship to the complainant. Neither mistake as to the complainant's
age nor consent to the act by the complainant is a defense;
new text end

new text begin (h) the actor has a significant relationship to the complainant, the complainant was under
16 years of age at the time of the sexual contact, and:
new text end

new text begin (i) the actor or an accomplice used force or coercion to accomplish the contact;
new text end

new text begin (ii) the complainant suffered personal injury; or
new text end

new text begin (iii) the sexual abuse involved multiple acts committed over an extended period of time.
new text end

new text begin Neither mistake as to the complainant's age nor consent to the act by the complainant is a
defense; or
new text end

new text begin (i) the actor uses force, as defined in section 609.341, subdivision 3, clause (1).
new text end

Subd. 2.

Penalty.

(a) Except as otherwise provided in section 609.3455; or Minnesota
Statutes 2004, section 609.109, a person convicted under subdivision 1 new text begin or subdivision 1a
new text end may be sentenced to imprisonment for not more than 25 years or to a payment of a fine of
not more than $35,000, or both.

(b) Unless a longer mandatory minimum sentence is otherwise required by law or the
Sentencing Guidelines provide for a longer presumptive executed sentence, the court shall
presume that an executed sentence of 90 months must be imposed on an offender convicted
of violating subdivision 1, clause new text begin (a), (b), new text end (c), (d), new text begin or new text end (e) deleted text begin , (f), deleted text end new text begin or subdivision 1a, clause (a),
(b), (c), (d), new text end deleted text begin or deleted text end (h) new text begin , or (i) new text end . Sentencing a person in a manner other than that described in this
paragraph is a departure from the Sentencing Guidelines.

(c) A person convicted under this section is also subject to conditional release under
section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end ,
clause (g), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2020, section 609.344, is amended to read:

609.344 CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.

Subdivision 1.

new text begin Adult victim; new text end crime defined.

A person who engages in sexual penetration
with another person is guilty of criminal sexual conduct in the third degree if any of the
following circumstances exists:

deleted text begin (a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
deleted text end

deleted text begin (b) the complainant is at least 13 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than 120
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end the actor uses deleted text begin force or deleted text end coercion to accomplish the penetration;

deleted text begin (d) deleted text end new text begin (b) new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

new text begin (d) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

new text begin Subd. 1a. new text end

new text begin Victim under the age of 18; crime defined. new text end

new text begin A person who engages in sexual
penetration with anyone under 18 years of age is guilty of criminal sexual conduct in the
third degree if any of the following circumstances exists:
new text end

new text begin (a) the complainant is under 14 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age nor consent to the
act by the complainant shall be a defense;
new text end

new text begin (b) the complainant is at least 14 but less than 16 years of age and the actor is more than
24 months older than the complainant. In any such case if the actor is no more than 60
months older than the complainant, it shall be an affirmative defense, which must be proved
by a preponderance of the evidence, that the actor reasonably believes the complainant to
be 16 years of age or older. In all other cases, mistake as to the complainant's age shall not
be a defense. Consent by the complainant is not a defense;
new text end

new text begin (c) the actor uses coercion to accomplish the penetration;
new text end

new text begin (d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
deleted text begin 48 deleted text end new text begin 36 new text end months older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual penetration. Neither mistake
as to the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual penetration, and:

(i) the actor or an accomplice used force or coercion to accomplish the penetration;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) deleted text begin the actor is a psychotherapist and the complainant is a patient of the psychotherapist
deleted text end deleted text begin and the sexual penetration occurred: deleted text end new text begin the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
new text end

new text begin (i) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

deleted text begin (i) during the psychotherapy session; or
deleted text end

deleted text begin (ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.
deleted text end

deleted text begin Consent by the complainant is not a defense;
deleted text end

deleted text begin (i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
deleted text end

deleted text begin (j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual penetration occurred by means of therapeutic deception. Consent by the
complainant is not a defense;
deleted text end

deleted text begin (k) the actor accomplishes the sexual penetration by means of deception or false
representation that the penetration is for a bona fide medical purpose. Consent by the
complainant is not a defense;
deleted text end

deleted text begin (1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
deleted text end

deleted text begin (i) the sexual penetration occurred during the course of a meeting in which the
complainant sought or received religious or spiritual advice, aid, or comfort from the actor
in private; or
deleted text end

deleted text begin (ii) the sexual penetration occurred during a period of time in which the complainant
was meeting on an ongoing basis with the actor to seek or receive religious or spiritual
advice, aid, or comfort in private. Consent by the complainant is not a defense;
deleted text end

deleted text begin (m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
deleted text end

deleted text begin (n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, and the sexual penetration
occurred during or immediately before or after the actor transported the complainant. Consent
by the complainant is not a defense;
deleted text end

deleted text begin (o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual penetration occurred during or
immediately before or after the actor performed or was hired to perform one of those services
for the complainant; or
deleted text end

deleted text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense. This paragraph
does not apply to any penetration of the mouth, genitals, or anus during a lawful search.
deleted text end

Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person convicted
under subdivision 1 new text begin or subdivision 1a new text end may be sentenced:

(1) to imprisonment for not more than 15 years or to a payment of a fine of not more
than $30,000, or both; or

(2) if the person was convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end , paragraph (b), and if the actor
was no more than deleted text begin 48 deleted text end new text begin 36 new text end months but more than 24 months older than the complainant, to
imprisonment for not more than five years or a fine of not more than $30,000, or both.

A person convicted under this section is also subject to conditional release under section
609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end ,
clause (f), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2020, section 609.345, is amended to read:

609.345 CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.

Subdivision 1.

new text begin Adult victim; new text end crime defined.

A person who engages in sexual contact
with another person is guilty of criminal sexual conduct in the fourth degree if any of the
following circumstances exists:

deleted text begin (a) the complainant is under 13 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
deleted text end

deleted text begin (b) the complainant is at least 13 but less than 16 years of age and the actor is more than
48 months older than the complainant or in a current or recent position of authority over
the complainant. Consent by the complainant to the act is not a defense. In any such case,
if the actor is no more than 120 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end the actor uses deleted text begin force or deleted text end coercion to accomplish the sexual contact;

deleted text begin (d) deleted text end new text begin (b) new text end the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

new text begin (c) the actor uses force, as defined in section 609.341, subdivision 3, clause (2); or
new text end

new text begin (d) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

new text begin Subd. 1a. new text end

new text begin Victim under the age of 18; crime defined. new text end

new text begin A person who engages in sexual
contact with anyone under 18 years of age is guilty of criminal sexual conduct in the fourth
degree if any of the following circumstances exists:
new text end

new text begin (a) the complainant is under 14 years of age and the actor is no more than 36 months
older than the complainant. Neither mistake as to the complainant's age or consent to the
act by the complainant is a defense. In a prosecution under this clause, the state is not
required to prove that the sexual contact was coerced;
new text end

new text begin (b) the complainant is at least 14 but less than 16 years of age and the actor is more than
36 months older than the complainant or in a current or recent position of authority over
the complainant. Consent by the complainant to the act is not a defense.
new text end

new text begin Mistake of age is not a defense unless actor is less than 60 months older. In any such case,
if the actor is no more than 60 months older than the complainant, it shall be an affirmative
defense which must be proved by a preponderance of the evidence that the actor reasonably
believes the complainant to be 16 years of age or older. In all other cases, mistake as to the
complainant's age shall not be a defense;
new text end

new text begin (c) the actor uses coercion to accomplish the sexual contact;
new text end

new text begin (d) The actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;
new text end

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
deleted text begin 48 deleted text end new text begin 36 new text end months older than the complainant and in a current or recent position of authority
over the complainant. Neither mistake as to the complainant's age nor consent to the act by
the complainant is a defense;

(f) the actor has a significant relationship to the complainant and the complainant was
at least 16 but under 18 years of age at the time of the sexual contact. Neither mistake as to
the complainant's age nor consent to the act by the complainant is a defense;

(g) the actor has a significant relationship to the complainant, the complainant was at
least 16 but under 18 years of age at the time of the sexual contact, and:

(i) the actor or an accomplice used force or coercion to accomplish the contact;

(ii) the complainant suffered personal injury; or

(iii) the sexual abuse involved multiple acts committed over an extended period of time.

Neither mistake as to the complainant's age nor consent to the act by the complainant is
a defense;

(h) deleted text begin the actor is a psychotherapist and the complainant is a patient of the psychotherapist
deleted text end deleted text begin and the sexual contact occurred: deleted text end new text begin the actor uses force, as defined in section 609.341,
subdivision 3, clause (2); or
new text end

new text begin (i) at the time of the act, the actor is in a prohibited occupational relationship with the
complainant.
new text end

deleted text begin (i) during the psychotherapy session; or
deleted text end

deleted text begin (ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;
deleted text end

deleted text begin (i) the actor is a psychotherapist and the complainant is a former patient of the
psychotherapist and the former patient is emotionally dependent upon the psychotherapist;
deleted text end

deleted text begin (j) the actor is a psychotherapist and the complainant is a patient or former patient and
the sexual contact occurred by means of therapeutic deception. Consent by the complainant
is not a defense;
deleted text end

deleted text begin (k) the actor accomplishes the sexual contact by means of deception or false representation
that the contact is for a bona fide medical purpose. Consent by the complainant is not a
defense;
deleted text end

deleted text begin (1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:
deleted text end

deleted text begin (i) the sexual contact occurred during the course of a meeting in which the complainant
sought or received religious or spiritual advice, aid, or comfort from the actor in private; or
deleted text end

deleted text begin (ii) the sexual contact occurred during a period of time in which the complainant was
meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private. Consent by the complainant is not a defense;
deleted text end

deleted text begin (m) the actor is an employee, independent contractor, or volunteer of a state, county,
city, or privately operated adult or juvenile correctional system, or secure treatment facility,
or treatment facility providing services to clients civilly committed as mentally ill and
dangerous, sexually dangerous persons, or sexual psychopathic personalities, including, but
not limited to, jails, prisons, detention centers, or work release facilities, and the complainant
is a resident of a facility or under supervision of the correctional system. Consent by the
complainant is not a defense;
deleted text end

deleted text begin (n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, the complainant is not
married to the actor, and the sexual contact occurred during or immediately before or after
the actor transported the complainant. Consent by the complainant is not a defense;
deleted text end

deleted text begin (o) the actor performs massage or other bodywork for hire, the complainant was a user
of one of those services, and nonconsensual sexual contact occurred during or immediately
before or after the actor performed or was hired to perform one of those services for the
complainant; or
deleted text end

deleted text begin (p) the actor is a peace officer, as defined in section 626.84, and the officer physically
or constructively restrains the complainant or the complainant does not reasonably feel free
to leave the officer's presence. Consent by the complainant is not a defense.
deleted text end

Subd. 2.

Penalty.

Except as otherwise provided in section 609.3455, a person convicted
under subdivision 1 new text begin or subdivision 1a new text end may be sentenced to imprisonment for not more than
ten years or to a payment of a fine of not more than $20,000, or both. A person convicted
under this section is also subject to conditional release under section 609.3455.

Subd. 3.

Stay.

Except when imprisonment is required under section 609.3455; or
Minnesota Statutes 2004, section 609.109, if a person is convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end ,
clause (f), the court may stay imposition or execution of the sentence if it finds that:

(a) a stay is in the best interest of the complainant or the family unit; and

(b) a professional assessment indicates that the offender has been accepted by and can
respond to a treatment program.

If the court stays imposition or execution of sentence, it shall include the following as
conditions of probation:

(1) incarceration in a local jail or workhouse;

(2) a requirement that the offender complete a treatment program; and

(3) a requirement that the offender have no unsupervised contact with the complainant
until the offender has successfully completed the treatment program unless approved by
the treatment program and the supervising correctional agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2020, section 609.3451, is amended to read:

609.3451 CRIMINAL SEXUAL CONDUCT IN THE FIFTH DEGREE.

Subdivision 1.

new text begin Sexual penetration; new text end crime defined.

A person is guilty of criminal sexual
conduct in the fifth degree deleted text begin : deleted text end new text begin if the person engages in nonconsensual sexual penetration.
new text end

new text begin Subd. 1a. new text end

new text begin Sexual contact; child present; crime defined. new text end

new text begin A person is guilty of criminal
sexual conduct in the fifth degree if:
new text end

(1) deleted text begin if deleted text end the person engages in nonconsensual sexual contact; or

(2) the person engages in masturbation or lewd exhibition of the genitals in the presence
of a minor under the age of 16, knowing or having reason to know the minor is present.

For purposes of this section, "sexual contact" has the meaning given in section 609.341,
subdivision 11, paragraph (a), clauses (i), (iv), and (v). Sexual contact also includes the
intentional removal or attempted removal of clothing covering the complainant's intimate
parts or undergarments, and the nonconsensual touching by the complainant of the actor's
intimate parts, effected by the actor, if the action is performed with sexual or aggressive
intent.

Subd. 2.

Gross misdemeanor.

A person convicted under subdivision deleted text begin 1 deleted text end new text begin 1a new text end may be
sentenced to imprisonment for not more than one year or to a payment of a fine of not more
than $3,000, or both.

Subd. 3.

Felony.

(a) new text begin 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 $10,000, or both, if
the person violates subdivision 1.
new text end

new text begin (b) new text end A person is guilty of a felony and may be sentenced to imprisonment for not more
than seven years or to payment of a fine of not more than $14,000, or both, if the person
violates deleted text begin this section deleted text end new text begin subdivision 1 or 1a new text end within deleted text begin seven deleted text end new text begin ten new text end years of:

(1) new text begin a conviction under subdivision 1;
new text end

new text begin (2) new text end a previous conviction for violating subdivision deleted text begin 1 deleted text end new text begin 1a new text end , clause (2), a crime described
in paragraph deleted text begin (b) deleted text end new text begin (c) new text end , or a statute from another state in conformity with any of these offenses;
or

deleted text begin (2) deleted text end new text begin (3) new text end the first of two or more previous convictions for violating subdivision deleted text begin 1 deleted text end new text begin 1a new text end , clause
(1), or a statute from another state in conformity with this offense.

deleted text begin (b) deleted text end new text begin (c) new text end A previous conviction for violating section 609.342; 609.343; 609.344; 609.345;
609.3453; 617.23, subdivision 2, clause (2), or subdivision 3; or 617.247 may be used to
enhance a criminal penalty as provided in paragraph deleted text begin (a) deleted text end new text begin (b) new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 21.

Minnesota Statutes 2020, section 609.3455, is amended to read:

609.3455 DANGEROUS SEX OFFENDERS; LIFE SENTENCES; CONDITIONAL
RELEASE.

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given.

(b) "Conviction" includes a conviction as an extended jurisdiction juvenile under section
260B.130 for a violation of, or an attempt to violate, section 609.342, 609.343, 609.344, deleted text begin or deleted text end
609.3453, new text begin or 609.3458, new text end if the adult sentence has been executed.

(c) "Extreme inhumane conditions" mean situations where, either before or after the
sexual penetration or sexual contact, the offender knowingly causes or permits the
complainant to be placed in a situation likely to cause the complainant severe ongoing
mental, emotional, or psychological harm, or causes the complainant's death.

(d) A "heinous element" includes:

(1) the offender tortured the complainant;

(2) the offender intentionally inflicted great bodily harm upon the complainant;

(3) the offender intentionally mutilated the complainant;

(4) the offender exposed the complainant to extreme inhumane conditions;

(5) the offender was armed with a dangerous weapon or any article used or fashioned
in a manner to lead the complainant to reasonably believe it to be a dangerous weapon and
used or threatened to use the weapon or article to cause the complainant to submit;

(6) the offense involved sexual penetration or sexual contact with more than one victim;

(7) the offense involved more than one perpetrator engaging in sexual penetration or
sexual contact with the complainant; or

(8) the offender, without the complainant's consent, removed the complainant from one
place to another and did not release the complainant in a safe place.

(e) "Mutilation" means the intentional infliction of physical abuse designed to cause
serious permanent disfigurement or permanent or protracted loss or impairment of the
functions of any bodily member or organ, where the offender relishes the infliction of the
abuse, evidencing debasement or perversion.

(f) A conviction is considered a "previous sex offense conviction" if the offender was
convicted and sentenced for a sex offense before the commission of the present offense.

(g) A conviction is considered a "prior sex offense conviction" if the offender was
convicted of committing a sex offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for the first offense before the
commission of the present offense, and the convictions involved separate behavioral
incidents.

(h) "Sex offense" means any violation of, or attempt to violate, section 609.342, 609.343,
609.344, 609.345, 609.3451, 609.3453, new text begin 609.3458, new text end or any similar statute of the United States,
this state, or any other state.

(i) "Torture" means the intentional infliction of extreme mental anguish, or extreme
psychological or physical abuse, when committed in an especially depraved manner.

(j) An offender has "two previous sex offense convictions" only if the offender was
convicted and sentenced for a sex offense committed after the offender was earlier convicted
and sentenced for a sex offense and both convictions preceded the commission of the present
offense of conviction.

Subd. 2.

Mandatory life sentence without release; egregious first-time and repeat
offenders.

(a) Notwithstanding the statutory maximum penalty otherwise applicable to the
offense, the court shall sentence a person convicted under section 609.342, subdivision 1,
paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e) deleted text begin , (f), or (h) deleted text end ; deleted text begin or deleted text end new text begin 609.342, subdivision 1a, clause (a), (b), (c),
(d), (h), or (i); new text end 609.343, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e) deleted text begin , (f), deleted text end new text begin ; new text end or deleted text begin (h) deleted text end new text begin 609.343,
subdivision 1a, clause (a), (b), (c), (d), (h), or (i) new text end , to life without the possibility of release
if:

(1) the fact finder determines that two or more heinous elements exist; or

(2) the person has a previous sex offense conviction for a violation of section 609.342,
609.343, deleted text begin or deleted text end 609.344, new text begin or 609.3458, subdivision 1, paragraph (b), new text end and the fact finder determines
that a heinous element exists for the present offense.

(b) A fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343. In addition, when determining whether
two or more heinous elements exist, the fact finder may not use the same underlying facts
to support a determination that more than one element exists.

Subd. 3.

Mandatory life sentence for egregious first-time offenders.

(a)
Notwithstanding the statutory maximum penalty otherwise applicable to the offense, the
court shall sentence a person to imprisonment for life if the person is convicted under section
609.342, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or new text end (e) deleted text begin , (f), or (h), or deleted text end new text begin ; 609.342, subdivision
1a, clause (a), (b), (c), (d), (h), or (i); new text end 609.343, subdivision 1, paragraph new text begin (a), (b), new text end (c), (d), new text begin or
new text end (e) deleted text begin , (f), or (h) deleted text end new text begin ; or 609.343, subdivision 1a, clause (a), (b), (c), (d), (h), or (i) new text end ; and the fact
finder determines that a heinous element exists.

(b) The fact finder may not consider a heinous element if it is an element of the underlying
specified violation of section 609.342 or 609.343.

Subd. 3a.

Mandatory sentence for certain engrained offenders.

(a) A court shall
commit a person to the commissioner of corrections for a period of time that is not less than
double the presumptive sentence under the sentencing guidelines and not more than the
statutory maximum, or if the statutory maximum is less than double the presumptive sentence,
for a period of time that is equal to the statutory maximum, if:

(1) the court is imposing an executed sentence on a person convicted of committing or
attempting to commit a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3453 new text begin ,
or 609.3458 new text end ;

(2) the fact finder determines that the offender is a danger to public safety; and

(3) the fact finder determines that the offender's criminal sexual behavior is so engrained
that the risk of reoffending is great without intensive psychotherapeutic intervention or other
long-term treatment or supervision extending beyond the presumptive term of imprisonment
and supervised release.

(b) The fact finder shall base its determination that the offender is a danger to public
safety on any of the following factors:

(1) the crime involved an aggravating factor that would justify a durational departure
from the presumptive sentence under the sentencing guidelines;

(2) the offender previously committed or attempted to commit a predatory crime or a
violation of section 609.224 or 609.2242, including:

(i) an offense committed as a juvenile that would have been a predatory crime or a
violation of section 609.224 or 609.2242 if committed by an adult; or

(ii) a violation or attempted violation of a similar law of any other state or the United
States; or

(3) the offender planned or prepared for the crime prior to its commission.

(c) As used in this section, "predatory crime" has the meaning given in section 609.341,
subdivision 22.

Subd. 4.

Mandatory life sentence; repeat offenders.

(a) Notwithstanding the statutory
maximum penalty otherwise applicable to the offense, the court shall sentence a person to
imprisonment for life if the person is convicted of violating section 609.342, 609.343,
609.344, 609.345, deleted text begin or deleted text end 609.3453 new text begin , or 609.3458 new text end and:

(1) the person has two previous sex offense convictions;

(2) the person has a previous sex offense conviction and:

(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;

(ii) the person received an upward durational departure from the sentencing guidelines
for the previous sex offense conviction; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for the previous sex offense conviction; or

(3) the person has two prior sex offense convictions, and the fact finder determines that
the prior convictions and present offense involved at least three separate victims, and:

(i) the fact finder determines that the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under the sentencing guidelines
other than the aggravating factor applicable to repeat criminal sexual conduct convictions;

(ii) the person received an upward durational departure from the sentencing guidelines
for one of the prior sex offense convictions; or

(iii) the person was sentenced under this section or Minnesota Statutes 2004, section
609.108, for one of the prior sex offense convictions.

(b) Notwithstanding paragraph (a), a court may not sentence a person to imprisonment
for life for a violation of section 609.345, unless the person's previous or prior sex offense
convictions that are being used as the basis for the sentence are for violations of section
609.342, 609.343, 609.344, deleted text begin or deleted text end 609.3453, new text begin or 609.3458, new text end or any similar statute of the United
States, this state, or any other state.

Subd. 5.

Life sentences; minimum term of imprisonment.

At the time of sentencing
under subdivision 3 or 4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum sentence, that must be
served before the offender may be considered for supervised release.

Subd. 6.

Mandatory ten-year conditional release term.

Notwithstanding the statutory
maximum sentence otherwise applicable to the offense and unless a longer conditional
release term is required in subdivision 7, when a court commits an offender to the custody
of the commissioner of corrections for a violation of section 609.342, 609.343, 609.344,
609.345, deleted text begin or deleted text end 609.3453, new text begin or 609.3458, new text end the court shall provide that, after the offender has been
released from prison, the commissioner shall place the offender on conditional release for
ten years.

Subd. 7.

Mandatory lifetime conditional release term.

(a) When a court sentences an
offender under subdivision 3 or 4, the court shall provide that, if the offender is released
from prison, the commissioner of corrections shall place the offender on conditional release
for the remainder of the offender's life.

(b) Notwithstanding the statutory maximum sentence otherwise applicable to the offense,
when the court commits an offender to the custody of the commissioner of corrections for
a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin or deleted text end 609.3453, new text begin or 609.3458, new text end and
the offender has a previous or prior sex offense conviction, the court shall provide that, after
the offender has been released from prison, the commissioner shall place the offender on
conditional release for the remainder of the offender's life.

(c) Notwithstanding paragraph (b), an offender may not be placed on lifetime conditional
release for a violation of section 609.345, unless the offender's previous or prior sex offense
conviction is for a violation of section 609.342, 609.343, 609.344, deleted text begin or deleted text end 609.3453, new text begin or 609.3458,
subdivision 1, paragraph (b), new text end or any similar statute of the United States, this state, or any
other state.

Subd. 8.

Terms of conditional release; applicable to all sex offenders.

(a) The
provisions of this subdivision relating to conditional release apply to all sex offenders
sentenced to prison for a violation of section 609.342, 609.343, 609.344, 609.345, deleted text begin or deleted text end
609.3453 new text begin , or 609.3458 new text end . Except as provided in this subdivision, conditional release of sex
offenders is governed by provisions relating to supervised release. The commissioner of
corrections may not dismiss an offender on conditional release from supervision until the
offender's conditional release term expires.

(b) The conditions of release may include successful completion of treatment and aftercare
in a program approved by the commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the commissioner considers
appropriate. The commissioner shall develop a plan to pay the cost of treatment of a person
released under this subdivision. The plan may include co-payments from offenders,
third-party payers, local agencies, or other funding sources as they are identified. This
section does not require the commissioner to accept or retain an offender in a treatment
program. Before the offender is placed on conditional release, the commissioner shall notify
the sentencing court and the prosecutor in the jurisdiction where the offender was sentenced
of the terms of the offender's conditional release. The commissioner also shall make
reasonable efforts to notify the victim of the offender's crime of the terms of the offender's
conditional release.

(c) If the offender fails to meet any condition of release, the commissioner may revoke
the offender's conditional release and order that the offender serve all or a part of the
remaining portion of the conditional release term in prison. An offender, while on supervised
release, is not entitled to credit against the offender's conditional release term for time served
in confinement for a violation of release.

Subd. 9.

Applicability.

The provisions of this section do not affect the applicability of
Minnesota Statutes 2004, section 609.108, to crimes committed before August 1, 2005, or
the validity of sentences imposed under Minnesota Statutes 2004, section 609.108.

Subd. 10.

Presumptive executed sentence for repeat sex offenders.

Except as provided
in subdivision 2, 3, 3a, or 4, if a person is convicted under sections 609.342 to 609.345 or
609.3453 within 15 years of a previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for not less than three years, nor more than
the maximum sentence provided by law for the offense for which convicted, notwithstanding
sections 242.19, 243.05, 609.11, 609.12, and 609.135. The court may stay the execution of
the sentence imposed under this subdivision only if it finds that a professional assessment
indicates the offender is accepted by and can respond to treatment at a long-term inpatient
program exclusively treating sex offenders and approved by the commissioner of corrections.
If the court stays the execution of a sentence, it shall include the following as conditions of
probation:

(1) incarceration in a local jail or workhouse; and

(2) a requirement that the offender successfully complete the treatment program and
aftercare as directed by the court.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 22.

new text begin [609.3458] SEXUAL EXTORTION.
new text end

new text begin Subdivision 1. new text end

new text begin Crime defined. new text end

new text begin (a) A person who engages in sexual contact with another
person and compels the other person to submit to the contact by making any of the following
threats, directly or indirectly, is guilty of sexual extortion:
new text end

new text begin (1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;
new text end

new text begin (2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;
new text end

new text begin (3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;
new text end

new text begin (4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;
new text end

new text begin (5) a threat to expose information that the actor knows the complainant wishes to keep
confidential; or
new text end

new text begin (6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
new text end

new text begin (b) A person who engages in sexual penetration with another person and compels the
other person to submit to such penetration by making any of the following threats, directly
or indirectly, is guilty of sexual extortion:
new text end

new text begin (1) a threat to withhold or harm the complainant's trade, business, profession, position,
employment, or calling;
new text end

new text begin (2) a threat to make or cause to be made a criminal charge against the complainant,
whether true or false;
new text end

new text begin (3) a threat to report the complainant's immigration status to immigration or law
enforcement authorities;
new text end

new text begin (4) a threat to disseminate private sexual images of the complainant as specified in
section 617.261, nonconsensual dissemination of private sexual images;
new text end

new text begin (5) a threat to expose information that the actor knows the complainant wishes to keep
confidential; or
new text end

new text begin (6) a threat to withhold complainant's housing, or to cause complainant a loss or
disadvantage in the complainant's housing, or a change in the cost of complainant's housing.
new text end

new text begin Subd. 2. new text end

new text begin Penalty. new text end

new text begin (a) A person 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, if the
person violates subdivision 1, paragraph (a).
new text end

new text begin (b) A person is guilty of a felony 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, if the person violates
subdivision 1, paragraph (b).
new text end

new text begin (c) A person convicted under this section is also subject to conditional release under
section 609.3455.
new text end

new text begin Subd. 3. new text end

new text begin No attempt charge. new text end

new text begin Notwithstanding section 609.17, no person may be charged
with or convicted of an attempt to commit a violation of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 23.

new text begin [609.3469] VOLUNTARY INTOXICATION DEFENSE.
new text end

new text begin (a) The "knows or has reason to know" mental state requirement for violations of sections
609.342 to 609.345 involving a complainant who is mentally incapacitated, as defined in
section 609.341, subdivision 7, clause (2), involves specific intent for purposes of determining
the applicability of the voluntary intoxication defense described in section 609.075. This
defense may be raised by a defendant if the defense is otherwise applicable under section
609.075 and related case law.
new text end

new text begin (b) Nothing in paragraph (a) may be interpreted to change the application of the defense
to other crimes.
new text end

new text begin (c) Nothing in paragraph (a) is intended to change the scope or limitations of the defense
or case law interpreting it beyond clarifying that the defense is available to a defendant
described in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin The section is effective September 15, 2021, and applies to crimes
committed on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2020, section 617.246, subdivision 2, is amended to read:

Subd. 2.

Use of minor.

(a) It is unlawful for a person to promote, employ, use or permit
a minor to engage in or assist others to engage minors in posing or modeling alone or with
others in any sexual performance or pornographic work if the person knows or has reason
to know that the conduct intended is a sexual performance or a pornographic work.

Any person who violates this paragraph 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.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:

(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;

(2) the violation occurs when the person is a registered predatory offender under section
243.166; or

(3) the violation involved a minor under the age of deleted text begin 13 deleted text end new text begin 14 new text end years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 25.

Minnesota Statutes 2020, section 617.246, subdivision 3, is amended to read:

Subd. 3.

Operation or ownership of business.

(a) A person who owns or operates a
business in which a pornographic work, as defined in this section, is disseminated to an
adult or a minor or is reproduced, and who knows the content and character of the
pornographic work disseminated or reproduced, 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.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:

(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;

(2) the violation occurs when the person is a registered predatory offender under section
243.166; or

(3) the violation involved a minor under the age of deleted text begin 13 deleted text end new text begin 14 new text end years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 26.

Minnesota Statutes 2020, section 617.246, subdivision 4, is amended to read:

Subd. 4.

Dissemination.

(a) A person who, knowing or with reason to know its content
and character, disseminates for profit to an adult or a minor a pornographic work, as defined
in this section, 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.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $40,000,
or both, if:

(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;

(2) the violation occurs when the person is a registered predatory offender under section
243.166; or

(3) the violation involved a minor under the age of deleted text begin 13 deleted text end new text begin 14 new text end years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 27.

Minnesota Statutes 2020, section 617.247, subdivision 3, is amended to read:

Subd. 3.

Dissemination prohibited.

(a) A person who disseminates pornographic work
to an adult or a minor, knowing or with reason to know its content and character, is guilty
of a felony and may be sentenced to imprisonment for not more than seven years or to
payment of a fine of not more than $10,000, or both.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine of not more than $20,000,
or both, if:

(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;

(2) the violation occurs when the person is a registered predatory offender under section
243.166; or

(3) the violation involved a minor under the age of deleted text begin 13 deleted text end new text begin 14 new text end years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 28.

Minnesota Statutes 2020, section 617.247, subdivision 4, is amended to read:

Subd. 4.

Possession prohibited.

(a) A person who possesses a pornographic work or a
computer disk or computer or other electronic, magnetic, or optical storage system or a
storage system of any other type, containing a pornographic work, knowing or with reason
to know its content and character, 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 $5,000, or both.

(b) A person who violates paragraph (a) 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 $10,000,
or both, if:

(1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;

(2) the violation occurs when the person is a registered predatory offender under section
243.166; or

(3) the violation involved a minor under the age of deleted text begin 13 deleted text end new text begin 14 new text end years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end

Sec. 29.

Minnesota Statutes 2020, section 628.26, is amended to read:

628.26 LIMITATIONS.

(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 and 609.342 to 609.345 deleted text begin ,
if the victim was under the age of 18 years at the time the offense was committed, shall deleted text end new text begin may new text end
be found or made deleted text begin and filed in the proper court within the later of nine years after the
commission of the offense or three years after the offense was reported to law enforcement
authorities deleted text end new text begin at any time after the commission of the offense new text end .

deleted text begin (f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.322 and 609.342 to 609.344 may be found or made and filed in
the proper court at any time after commission of the offense, if physical evidence is collected
and preserved that is capable of being tested for its DNA characteristics. If this evidence is
not collected and preserved and the victim was 18 years old or older at the time of the
offense, the prosecution must be commenced within nine years after the commission of the
offense.
deleted text end

deleted text begin (g) deleted text end new text begin (f) new text end 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.

deleted text begin (h) deleted text end new text begin (g) new text end 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.

deleted text begin (i) deleted text end new text begin (h) new text end 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.

deleted text begin (j) deleted text end new text begin (i) new text end 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.

deleted text begin (k) deleted text end new text begin (j) 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 (l) deleted text end new text begin (k) 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 (m) deleted text end new text begin (l) 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 (n) deleted text end new text begin (m) 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 begin EFFECTIVE DATE. new text end

new text begin This section is effective September 15, 2021, and applies to
violations committed on or after that date.
new text end

Sec. 30. new text begin PREDATORY OFFENDER STATUTORY FRAMEWORK WORKING
GROUP; REPORT.
new text end

new text begin Subdivision 1. new text end

new text begin Direction. new text end

new text begin By September 1, 2021, the commissioner of corrections shall
convene a working group to comprehensively assess the predatory offender statutory
framework. The commissioner shall fully coordinate with the commissioner of public safety
to invite and convene a working group that includes members that have specific expertise
on juvenile justice and representatives from city and county prosecuting agencies, statewide
crime victim coalitions, the Minnesota judicial branch, the Minnesota Board of Public
Defense, private criminal defense attorneys, the Department of Public Safety, the Department
of Human Services, the Sentencing Guidelines Commission, and state and local law
enforcement agencies. The commissioner may also invite other interested parties to participate
in the working group. The commissioner shall ensure that the membership of the working
group is balanced among the various representatives and reflects a broad spectrum of
viewpoints, and is inclusive of marginalized communities as well as victim and survivor
voices. The commissioners of corrections and public safety shall each designate one
representative to coordinate and provide technical expertise to the working group.
new text end

new text begin Subd. 2. new text end

new text begin Duties. new text end

new text begin The working group must examine and assess the predatory offender
registration (POR) laws, including, but not limited to, the requirements placed on offenders,
the crimes for which POR is required, the method by which POR requirements are applied
to offenders, and the effectiveness of the POR system in achieving its stated purpose.
Governmental agencies that hold POR data shall provide the working group with public
POR data upon request. The working group is encouraged to request the assistance of the
state court administrator's office to obtain relevant POR data maintained by the court system.
new text end

new text begin Subd. 3. new text end

new text begin Report to legislature. new text end

new text begin The commissioner shall file a report detailing the working
group's findings and recommendations with the chairs and ranking minority members of
the house of representatives and senate committees and divisions having jurisdiction over
public safety and judiciary policy and finance by January 15, 2022.
new text end

Sec. 31. new text begin REVISOR INSTRUCTION.
new text end

new text begin (a) In Minnesota Statutes, the revisor of statutes, in consultation with the House Research
Department and the Office of Senate Counsel, Research, and Fiscal Analysis, shall:
new text end

new text begin (1) make necessary cross-reference changes and remove cross-references consistent with
the changes to Minnesota Statutes, sections 609.342, 609.343, 609.344, 609.345, and
609.3451, in sections 16 to 20; and
new text end

new text begin (2) add cross-reference to Minnesota Statutes, section 609.3458, in the following sections:
new text end

new text begin (i) 13.82, subdivision 17;
new text end

new text begin (ii) 145.4711, subdivision 5;
new text end

new text begin (iii) 245C.15, subdivision 1;
new text end

new text begin (iv) 253B.02, subdivision 4e;
new text end

new text begin (v) 253D.02, subdivision 8;
new text end

new text begin (vi) 260C.007, subdivisions 5, 13, 14, and 31;
new text end

new text begin (vii) 260E.03, subdivisions 20 and 22;
new text end

new text begin (viii) 299C.67, subdivision 2;
new text end

new text begin (ix) 504B.206, subdivisions 1 and 6;
new text end

new text begin (x) 518B.01, subdivision 2;
new text end

new text begin (xi) 541.073, subdivision 1;
new text end

new text begin (xii) 609.02, subdivision 16;
new text end

new text begin (xiii) 609.135, subdivision 5a;
new text end

new text begin (xiv) 609.3457, subdivision 4;
new text end

new text begin (xv) 609.347, subdivisions 1, 2, 3, 5, and 6;
new text end

new text begin (xvi) 609.3471;
new text end

new text begin (xvii) 609.353;
new text end

new text begin (xviii) 609.749, subdivision 5;
new text end

new text begin (xix) 611A.036, subdivision 7;
new text end

new text begin (xx) 611A.039, subdivision 1;
new text end

new text begin (xxi) 611A.08, subdivision 6;
new text end

new text begin (xxii) 611A.19, subdivision 1;
new text end

new text begin (xxiii) 611A.26, subdivision 6;
new text end

new text begin (xxiv) 628.26;
new text end

new text begin (xxv) 629.725;
new text end

new text begin (xxvi) 629.74;
new text end

new text begin (xxvii) 631.045; and
new text end

new text begin (xxviii) 631.046, subdivision 2.
new text end

new text begin (b) Consistent with paragraph (a), the revisor may make technical and other necessary
changes to language, grammar, and sentence structure in Minnesota Statutes to preserve
the meaning of the text.
new text end

ARTICLE 5

FORFEITURE

Section 1.

Minnesota Statutes 2020, section 169A.63, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) As used in this section, the following terms have the
meanings given them.

(b) "Appropriate agency" means a law enforcement agency that has the authority to
make an arrest for a violation of a designated offense or to require a test under section
169A.51 (chemical tests for intoxication).

new text begin (c) "Asserting person" means a person, other than the driver alleged to have committed
a designated offense, claiming an ownership interest in a vehicle that has been seized or
restrained under this section.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end "Claimant" means an owner of a motor vehicle or a person claiming a leasehold
or security interest in a motor vehicle.

deleted text begin (d) deleted text end new text begin (e) new text end "Designated license revocation" includes a license revocation under section
169A.52 (license revocation for test failure or refusal) or 171.177 (revocation; search warrant)
or a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 or 171.177; within ten years
of the first of two or more qualified prior impaired driving incidents.

deleted text begin (e) deleted text end new text begin (f) new text end "Designated offense" includes:

(1) a violation of section 169A.20 (driving while impaired) under the circumstances
described in section 169A.24 (first-degree driving while impaired) deleted text begin , or 169A.25
(second-degree driving while impaired) deleted text end ; or

(2) a violation of section 169A.20 or an ordinance in conformity with it deleted text begin : deleted text end new text begin within ten years
of the first of two qualified prior impaired driving incidents.
new text end

deleted text begin (i) by a person whose driver's license or driving privileges have been canceled as inimical
to public safety under section 171.04, subdivision 1, clause (10), and not reinstated; or
deleted text end

deleted text begin (ii) by a person who is subject to a restriction on the person's driver's license under
section 171.09 (commissioner's license restrictions), which provides that the person may
not use or consume any amount of alcohol or a controlled substance.
deleted text end

deleted text begin (f) deleted text end new text begin (g) new text end "Family or household member" means:

(1) a parent, stepparent, or guardian;

(2) any of the following persons related by blood, marriage, or adoption: brother, sister,
stepbrother, stepsister, first cousin, aunt, uncle, nephew, niece, grandparent,
great-grandparent, great-uncle, great-aunt; or

(3) persons residing together or persons who regularly associate and communicate with
one another outside of a workplace setting.

deleted text begin (g) deleted text end new text begin (h) new text end "Motor vehicle" and "vehicle" do not include a vehicle which is stolen or taken
in violation of the law.

deleted text begin (h) deleted text end new text begin (i) new text end "Owner" means a person legally entitled to possession, use, and control of a motor
vehicle, including a lessee of a motor vehicle if the lease agreement has a term of 180 days
or more. There is a rebuttable presumption that a person registered as the owner of a motor
vehicle according to the records of the Department of Public Safety is the legal owner. For
purposes of this section, if a motor vehicle is owned jointly by two or more people, each
owner's interest extends to the whole of the vehicle and is not subject to apportionment.

deleted text begin (i) deleted text end new text begin (j) new text end "Prosecuting authority" means the attorney in the jurisdiction in which the
designated offense occurred who is responsible for prosecuting violations of a designated
offense or a designee. If a state agency initiated the forfeiture, and the attorney responsible
for prosecuting the designated offense declines to pursue forfeiture, the Attorney General's
Office or its designee may initiate forfeiture under this section.

deleted text begin (j) deleted text end new text begin (k) new text end "Security interest" means a bona fide security interest perfected according to
section 168A.17, subdivision 2, based on a loan or other financing that, if a vehicle is
required to be registered under chapter 168, is listed on the vehicle's title.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2020, section 169A.63, subdivision 7, is amended to read:

Subd. 7.

Limitations on vehicle forfeiture.

(a) A vehicle is presumed subject to forfeiture
under this section if:

(1) the driver is convicted of the designated offense upon which the forfeiture is based; new text begin
or
new text end

deleted text begin (2) the driver fails to appear for a scheduled court appearance with respect to the
designated offense charged and fails to voluntarily surrender within 48 hours after the time
required for appearance; or
deleted text end

deleted text begin (3) deleted text end new text begin (2) new text end the driver's conduct results in a designated license revocation and the driver fails
to seek judicial review of the revocation in a timely manner as required by section 169A.53,
subdivision 2, (petition for judicial review), or the license revocation is judicially reviewed
and sustained under section 169A.53, subdivision 2.

(b) A vehicle encumbered by a security interest perfected according to section 168A.17,
subdivision 2, or subject to a lease that has a term of 180 days or more, is subject to the
interest of the secured party or lessor unless the party or lessor had knowledge of or consented
to the act upon which the forfeiture is based. However, when the proceeds of the sale of a
seized vehicle do not equal or exceed the outstanding loan balance, the appropriate agency
shall remit all proceeds of the sale to the secured party after deducting the agency's costs
for the seizure, tow, storage, forfeiture, and sale of the vehicle. If the sale of the vehicle is
conducted in a commercially reasonable manner consistent with the provisions of section
336.9-610, the agency is not liable to the secured party for any amount owed on the loan in
excess of the sale proceeds. The validity and amount of a nonperfected security interest
must be established by its holder by clear and convincing evidence.

(c) Notwithstanding paragraph (b), the secured party's or lessor's interest in a vehicle is
not subject to forfeiture based solely on the secured party's or lessor's knowledge of the act
or omission upon which the forfeiture is based if the secured party or lessor demonstrates
by clear and convincing evidence that the party or lessor took reasonable steps to terminate
use of the vehicle by the offender.

deleted text begin (d) A motor vehicle is not subject to forfeiture under this section if any of its owners
who petition the court can demonstrate by clear and convincing evidence that the petitioning
owner did not have actual or constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the petitioning owner took reasonable steps
to prevent use of the vehicle by the offender. If the offender is a family or household member
of any of the owners who petition the court and has three or more prior impaired driving
convictions, the petitioning owner is presumed to know of any vehicle use by the offender
that is contrary to law. "Vehicle use contrary to law" includes, but is not limited to, violations
of the following statutes:
deleted text end

deleted text begin (1) section 171.24 (violations; driving without valid license);
deleted text end

deleted text begin (2) section 169.791 (criminal penalty for failure to produce proof of insurance);
deleted text end

deleted text begin (3) section 171.09 (driving restrictions; authority, violations);
deleted text end

deleted text begin (4) section 169A.20 (driving while impaired);
deleted text end

deleted text begin (5) section 169A.33 (underage drinking and driving); and
deleted text end

deleted text begin (6) section 169A.35 (open bottle law).
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to
read:

new text begin Subd. 7a. new text end

new text begin Innocent owner. new text end

new text begin (a) An asserting person may bring an innocent owner claim
by notifying the prosecuting authority in writing and within 60 days of the service of the
notice of seizure.
new text end

new text begin (b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may
release the vehicle to the asserting person. If the prosecuting authority proceeds with the
forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the
name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle,
specifying that the vehicle was used in the commission of a designated offense or was used
in conduct resulting in a designated license revocation, and specifying the time and place
of the vehicle's unlawful use. The complaint may be filed in district court or conciliation
court and the filing fee is waived.
new text end

new text begin (c) A complaint filed by the prosecuting authority must be served on the asserting person
and on any other registered owners. Service may be made by certified mail at the address
listed in the Department of Public Safety's computerized motor vehicle registration records
or by any means permitted by court rules.
new text end

new text begin (d) The hearing on the complaint shall, to the extent practicable, be held within 30 days
of the filing of the petition. The court may consolidate the hearing on the complaint with a
hearing on any other complaint involving a claim of an ownership interest in the same
vehicle.
new text end

new text begin (e) At a hearing held pursuant to this subdivision, the prosecuting authority must:
new text end

new text begin (1) prove by a preponderance of the evidence that the seizure was incident to a lawful
arrest or a lawful search; and
new text end

new text begin (2) certify that the prosecuting authority has filed, or intends to file, charges against the
driver for a designated offense or that the driver has a designated license revocation.
new text end

new text begin (f) At a hearing held pursuant to this subdivision, the asserting person must prove by a
preponderance of the evidence that the asserting person:
new text end

new text begin (1) has an actual ownership interest in the vehicle; and
new text end

new text begin (2) did not have actual or constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the asserting person took reasonable steps
to prevent use of the vehicle by the alleged offender.
new text end

new text begin (g) If the court determines that the state met both burdens under paragraph (e) and the
asserting person failed to meet any burden under paragraph (f), the court shall order that
the vehicle remains subject to forfeiture under this section.
new text end

new text begin (h) The court shall order that the vehicle is not subject to forfeiture under this section
and shall order the vehicle returned to the asserting person if it determines that:
new text end

new text begin (1) the state failed to meet any burden under paragraph (e);
new text end

new text begin (2) the asserting person proved both elements under paragraph (f); or
new text end

new text begin (3) clauses (1) and (2) apply.
new text end

new text begin (i) If the court determines that the asserting person is an innocent owner and orders the
vehicle returned to the innocent owner, an entity in possession of the vehicle is not required
to release it until the innocent owner pays:
new text end

new text begin (1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before
the innocent owner provided the notice required under paragraph (a); and
new text end

new text begin (2) any reasonable costs of storage of the vehicle incurred more than two weeks after
an order issued under paragraph (h).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2020, section 169A.63, subdivision 8, is amended to read:

Subd. 8.

Administrative forfeiture procedure.

(a) A motor vehicle used to commit a
designated offense or used in conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.

(b) Within 60 days from when a motor vehicle is seized under subdivision 2, or within
a reasonable time after seizure, the appropriate agency shall serve the driver or operator of
the vehicle with a notice of the seizure and intent to forfeit the vehicle. Additionally, when
a motor vehicle is seized under subdivision 2, or within a reasonable time after that, all
persons known to have an ownership, possessory, or security interest in the vehicle must
be notified of the seizure and the intent to forfeit the vehicle. For those vehicles required to
be registered under chapter 168, the notification to a person known to have a security interest
in the vehicle is required only if the vehicle is registered under chapter 168 and the interest
is listed on the vehicle's title. Upon motion by the appropriate agency or prosecuting
authority, a court may extend the time period for sending notice for a period not to exceed
90 days for good cause shown. Notice mailed by certified mail to the address shown in
Department of Public Safety records is sufficient notice to the registered owner of the
vehicle. For motor vehicles not required to be registered under chapter 168, notice mailed
by certified mail to the address shown in the applicable filing or registration for the vehicle
is sufficient notice to a person known to have an ownership, possessory, or security interest
in the vehicle. Otherwise, notice may be given in the manner provided by law for service
of a summons in a civil action.

(c) The notice must be in writing and contain:

(1) a description of the vehicle seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for
obtaining that judicial review, printed in English. This requirement does not preclude the
appropriate agency from printing the notice in other languages in addition to English.

Substantially the following language must appear conspicuously in the notice:

"WARNING: new text begin If you were the person arrested when the property was seized, new text end you will
automatically lose the above-described property and the right to be heard in court if you do
not file a lawsuit and serve the prosecuting authority within 60 days. You may file your
lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must
file in district court. You deleted text begin may deleted text end new text begin do new text end not have to pay a filing fee for your lawsuit deleted text begin if you are
unable to afford the fee. You do not have to pay a conciliation court fee if your property is
worth less than $500 deleted text end .

new text begin WARNING: If you have an ownership interest in the above-described property and were
not the person arrested when the property was seized, you will automatically lose the
above-described property and the right to be heard in court if you do not notify the
prosecuting authority of your interest in writing within 60 days. new text end "

(d) If notice is not sent in accordance with paragraph (b), and no time extension is granted
or the extension period has expired, the appropriate agency shall return the deleted text begin property deleted text end new text begin vehicle new text end
to the deleted text begin person from whom the property was seized, if known deleted text end new text begin owner new text end . An agency's return of
property due to lack of proper notice does not restrict the agency's authority to commence
a forfeiture proceeding at a later time. deleted text begin The agency shall not be required to return contraband
or other property that the person from whom the property was seized may not legally possess.
deleted text end

(e) Within 60 days following service of a notice of seizure and forfeiture under this
subdivision, a claimant may file a demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred, together with proof of service of
a copy of the complaint on the prosecuting authority having jurisdiction over the forfeiture deleted text begin ,
including the standard filing fee for civil actions unless the petitioner has the right to sue
in forma pauperis under section 563.01 deleted text end . The claimant may serve the complaint by new text begin certified
mail or new text end any means permitted by court rules. If the value of the seized property is $15,000
or less, the claimant may file an action in conciliation court for recovery of the seized vehicle.
A copy of the conciliation court statement of claim must be served personally or by mail
on the prosecuting authority having jurisdiction over the forfeiture deleted text begin , as well as on the
appropriate agency that initiated the forfeiture, deleted text end within 60 days following service of the
notice of seizure and forfeiture under this subdivision. deleted text begin If the value of the seized property is
less than $500, deleted text end The claimant does not have to pay the deleted text begin conciliation deleted text end court filing fee.

No responsive pleading is required of the prosecuting authority and no court fees may
be charged for the prosecuting authority's appearance in the matter. The prosecuting authority
may appear for the appropriate agency. Pleadings, filings, and methods of service are
governed by the Rules of Civil Procedure.

(f) The complaint must be captioned in the name of the claimant as plaintiff and the
seized vehicle as defendant, and must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized, the claimant's interest in the vehicle seized, and
any affirmative defenses the claimant may have. Notwithstanding any law to the contrary,
an action for the return of a vehicle seized under this section may not be maintained by or
on behalf of any person who has been served with a notice of seizure and forfeiture unless
the person has complied with this subdivision.

(g) If the claimant makes a timely demand for a judicial determination under this
subdivision, the forfeiture proceedings must be conducted as provided under subdivision
9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2020, section 169A.63, subdivision 9, is amended to read:

Subd. 9.

Judicial forfeiture procedure.

(a) This subdivision governs judicial
determinations of the forfeiture of a motor vehicle used to commit a designated offense or
used in conduct resulting in a designated license revocation. An action for forfeiture is a
civil in rem action and is independent of any criminal prosecution. All proceedings are
governed by the Rules of Civil Procedure.

(b) If no demand for judicial determination of the forfeiture is pending, the prosecuting
authority may, in the name of the jurisdiction pursuing the forfeiture, file a separate complaint
against the vehicle, describing it, specifying that it was used in the commission of a
designated offense or was used in conduct resulting in a designated license revocation, and
specifying the time and place of its unlawful use.

(c) The prosecuting authority may file an answer to a properly served demand for judicial
determination, including an affirmative counterclaim for forfeiture. The prosecuting authority
is not required to file an answer.

(d) A judicial determination under this subdivision must be held at the earliest practicable
date, and in any event no later than 180 days following the filing of the demand by the
claimant. If a related criminal proceeding is pending, the hearing shall not be held until the
conclusion of the criminal proceedings. The district court administrator shall schedule the
hearing as soon as practicable after the conclusion of the criminal prosecution. The district
court administrator shall establish procedures to ensure efficient compliance with this
subdivision. The hearing is to the court without a jury.

(e) There is a presumption that a vehicle seized under this section is subject to forfeiture
if the prosecuting authority establishes that the vehicle was used in the commission of a
designated offense or designated license revocation. A claimant bears the burden of proving
any affirmative defense raised.

(f) If the forfeiture is based on the commission of a designated offense and the person
charged with the designated offense appears in court as required and is not convicted of the
offense, the court shall order the property returned to the person legally entitled to it upon
that person's compliance with the redemption requirements of section 169A.42. If the
forfeiture is based on a designated license revocation, and the license revocation is rescinded
under section 169A.53, subdivision 3 (judicial review hearing, issues, order, appeal), the
court shall order the property returned to the person legally entitled to it upon that person's
compliance with the redemption requirements of section 169A.42.

(g) If the lawful ownership of the vehicle used in the commission of a designated offense
or used in conduct resulting in a designated license revocation can be determined and the
owner makes the demonstration required under subdivision deleted text begin 7, paragraph (d) deleted text end new text begin 7a new text end , the vehicle
must be returned immediately upon the owner's compliance with the redemption requirements
of section 169A.42.

(h) If the court orders the return of a seized vehicle under this subdivision it deleted text begin must order
that filing fees be reimbursed to the person who filed the demand for judicial determination.
In addition, the court deleted text end may order sanctions under section 549.211 (sanctions in civil actions).
Any deleted text begin reimbursement fees or deleted text end sanctions must be paid from other forfeiture proceeds of the
law enforcement agency and prosecuting authority involved and in the same proportion as
distributed under subdivision 10, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2020, section 169A.63, subdivision 10, is amended to read:

Subd. 10.

Disposition of forfeited vehicle.

(a) If the vehicle is administratively forfeited
under subdivision 8, or if the court finds under subdivision 9 that the vehicle is subject to
forfeiture under subdivisions 6 and 7, the appropriate agency shall:

(1) sell the vehicle and distribute the proceeds under paragraph (b); or

(2) keep the vehicle for official use. If the agency keeps a forfeited motor vehicle for
official use, it shall make reasonable efforts to ensure that the motor vehicle is available for
use by the agency's officers who participate in the drug abuse resistance education program.

(b) The proceeds from the sale of forfeited vehicles, after payment of seizure, towing,
storage, forfeiture, and sale expenses, and satisfaction of valid liens against the property,
must be distributed as follows:

(1) 70 percent of the proceeds must be forwarded to the appropriate agency for deposit
as a supplement to the state or local agency's operating fund or similar fund for use in
DWI-related enforcement, training, deleted text begin and deleted text end education new text begin , crime prevention, equipment, or capital
expenses new text end ; and

(2) 30 percent of the money or proceeds must be forwarded to the prosecuting authority
that handled the forfeiture for deposit as a supplement to its operating fund or similar fund
for prosecutorial purposes new text begin , training, education, crime prevention, equipment, or capital
expenses. For purposes of this subdivision, the prosecuting authority shall not include
privately contracted prosecutors of a local political subdivision and, in those events, the
forfeiture proceeds shall be forwarded to the political subdivision where the forfeiture was
handled for the purposes identified in clause (1) new text end .

(c) If a vehicle is sold under paragraph (a), the appropriate agency shall not sell the
vehicle to: (1) an officer or employee of the agency that seized the property or to a person
related to the officer or employee by blood or marriage; or (2) the prosecuting authority or
any individual working in the same office or a person related to the authority or individual
by blood or marriage.

(d) Sales of forfeited vehicles under this section must be conducted in a commercially
reasonable manner.

(e) If a vehicle is forfeited administratively under this section and no demand for judicial
determination is made, the appropriate agency shall provide the prosecuting authority with
a copy of the forfeiture or evidence receipt, the notice of seizure and intent to forfeit, a
statement of probable cause for forfeiture of the property, and a description of the property
and its estimated value. Upon review and certification by the prosecuting authority that (1)
the appropriate agency provided a receipt in accordance with subdivision 2, paragraph (c),
(2) the appropriate agency served notice in accordance with subdivision 8, and (3) probable
cause for forfeiture exists based on the officer's statement, the appropriate agency may
dispose of the property in any of the ways listed in this subdivision.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2020, section 169A.63, subdivision 13, is amended to read:

Subd. 13.

Exception.

(a) new text begin A forfeiture proceeding is stayed and the vehicle must be
returned new text end if the driver deleted text begin who committed a designated offense or whose conduct resulted in a
designated license revocation deleted text end becomes a program participant in the ignition interlock program
under section 171.306 at any time before the motor vehicle is forfeited deleted text begin , the forfeiture
proceeding is stayed and the vehicle must be returned deleted text end new text begin and any of the following apply:
new text end

new text begin (1) the driver committed a designated offense other than a violation of section 169A.20
under the circumstances described in section 169A.24; or
new text end

new text begin (2) the driver is accepted into a treatment court dedicated to changing the behavior of
alcohol- and other drug-dependent offenders arrested for driving while impaired new text end .

(b) Notwithstanding paragraph (a), the vehicle whose forfeiture was stayed in paragraph
(a) may be seized and the forfeiture action may proceed under this section if the program
participant described in paragraph (a):

(1) subsequently operates a motor vehicle:

(i) to commit a violation of section 169A.20 (driving while impaired);

(ii) in a manner that results in a license revocation under section 169A.52 (license
revocation for test failure or refusal) or 171.177 (revocation; search warrant) or a license
disqualification under section 171.165 (commercial driver's license disqualification) resulting
from a violation of section 169A.52 or 171.177;

(iii) after tampering with, circumventing, or bypassing an ignition interlock device; or

(iv) without an ignition interlock device new text begin at any time when the driver's license requires
such device new text end ; deleted text begin or
deleted text end

(2) either voluntarily or involuntarily ceases to participate in the program for more than
30 days, or fails to successfully complete it as required by the Department of Public Safety
due to:

(i) two or more occasions of the participant's driving privileges being withdrawn for
violating the terms of the program, unless the withdrawal is determined to be caused by an
error of the department or the interlock provider; or

(ii) violating the terms of the contract with the provider as determined by the provider deleted text begin . deleted text end new text begin ;
or
new text end

new text begin (3) was the driver, forfeiture was stayed after the driver entered a treatment court, and
the driver ceases to be a participant in the treatment court for any reason.
new text end

(c) Paragraph (b) applies only if the described conduct occurs before the participant has
been restored to full driving privileges or within three years of the original designated offense
or designated license revocation, whichever occurs latest.

(d) The requirement in subdivision 2, paragraph (b), that device manufacturers provide
a discounted rate to indigent program participants applies also to device installation under
this subdivision.

(e) An impound or law enforcement storage lot operator must allow an ignition interlock
manufacturer sufficient access to the lot to install an ignition interlock device under this
subdivision.

(f) Notwithstanding paragraph (a), an entity in possession of the vehicle is not required
to release it until the reasonable costs of the towing, seizure, and storage of the vehicle have
been paid by the vehicle owner.

(g) At any time prior to the vehicle being forfeited, the appropriate agency may require
that the owner or driver of the vehicle deleted text begin give security or post bond payable to the appropriate
agency in an amount equal to the retail value deleted text end new text begin surrender the title new text end of the seized vehicle. deleted text begin If this
occurs, any future forfeiture action against the vehicle must instead proceed against the
security as if it were the vehicle.
deleted text end

deleted text begin (h) The appropriate agency may require an owner or driver to give security or post bond
payable to the agency in an amount equal to the retail value of the vehicle, prior to releasing
the vehicle from the impound lot to install an ignition interlock device.
deleted text end

deleted text begin (i) deleted text end new text begin (h) new text end If an event described in paragraph (b) occurs in a jurisdiction other than the one
in which the original forfeitable event occurred, and the vehicle is subsequently forfeited,
the proceeds shall be divided equally, after payment of seizure, towing, storage, forfeiture,
and sale expenses and satisfaction of valid liens against the vehicle, among the appropriate
agencies and prosecuting authorities in each jurisdiction.

deleted text begin (j) deleted text end new text begin (i) new text end Upon successful completion of the program, the stayed forfeiture proceeding is
terminated or dismissed and any vehicle, security, or bond held by an agency must be
returned to the owner of the vehicle.

deleted text begin (k) deleted text end new text begin (j) new text end A claimant of a vehicle for which a forfeiture action was stayed under paragraph
(a) but which later proceeds under paragraph (b), may file a demand for judicial forfeiture
as provided in subdivision 8, in which case the forfeiture proceedings must be conducted
as provided in subdivision 9.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2020, section 169A.63, is amended by adding a subdivision to
read:

new text begin Subd. 14. new text end

new text begin Subsequent unlawful use of seized vehicle; immunity. new text end

new text begin An appropriate
agency or prosecuting authority, including but not limited to any peace officer as defined
in section 626.84, subdivision 1, paragraph (c); prosecutor; or employee of an appropriate
agency or prosecuting authority who, in good faith and within the course and scope of the
official duties of the person or entity, returns a vehicle seized under this chapter to the owner
pursuant to this section shall be immune from criminal or civil liability regarding any event
arising out of the subsequent unlawful or unauthorized use of the motor vehicle.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 9.

Minnesota Statutes 2020, section 609.531, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

For the purpose of sections 609.531 to 609.5318, the
following terms have the meanings given them.

(a) "Conveyance device" means a device used for transportation and includes, but is not
limited to, a motor vehicle, trailer, snowmobile, airplane, and vessel and any equipment
attached to it. The term "conveyance device" does not include property which is, in fact,
itself stolen or taken in violation of the law.

(b) "Weapon used" means a dangerous weapon as defined under section 609.02,
subdivision 6, that the actor used or had in possession in furtherance of a crime.

(c) "Property" means property as defined in section 609.52, subdivision 1, clause (1).

(d) "Contraband" means property which is illegal to possess under Minnesota law.

(e) "Appropriate agency" means the Bureau of Criminal Apprehension, the Department
of Commerce Fraud Bureau, the Minnesota Division of Driver and Vehicle Services, the
Minnesota State Patrol, a county sheriff's department, the Three Rivers Park District deleted text begin park deleted text end
deleted text begin rangers deleted text end new text begin Department of Public Safety new text end , the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, the Department of Corrections
Fugitive Apprehension Unit, a city, metropolitan transit, or airport police department; or a
multijurisdictional entity established under section 299A.642 or 299A.681.

(f) "Designated offense" includes:

(1) for weapons used: any violation of this chapter, chapter 152 or 624;

(2) for driver's license or identification card transactions: any violation of section 171.22;
and

(3) for all other purposes: a felony violation of, or a felony-level attempt or conspiracy
to violate, section 325E.17; 325E.18; 609.185; 609.19; 609.195; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.2231; 609.2335; 609.24; 609.245; 609.25;
609.255; 609.282; 609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f); 609.343,
subdivision 1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to (e), and (h) to (j);
609.345, subdivision 1, clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425; 609.466;
609.485; 609.487; 609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551; 609.561;
609.562; 609.563; 609.582; 609.59; 609.595; 609.611; 609.631; 609.66, subdivision 1e;
609.671, subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89;
609.893; 609.895; 617.246; 617.247; or a gross misdemeanor or felony violation of section
609.891 or 624.7181; or any violation of section 609.324; or a felony violation of, or a
felony-level attempt or conspiracy to violate, Minnesota Statutes 2012, section 609.21.

(g) "Controlled substance" has the meaning given in section 152.01, subdivision 4.

(h) "Prosecuting authority" means the attorney who is responsible for prosecuting an
offense that is the basis for a forfeiture under sections 609.531 to 609.5318.

new text begin (i) "Asserting person" means a person, other than the driver alleged to have used a vehicle
in the transportation or exchange of a controlled substance intended for distribution or sale,
claiming an ownership interest in a vehicle that has been seized or restrained under this
section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 10.

Minnesota Statutes 2020, section 609.531, is amended by adding a subdivision
to read:

new text begin Subd. 9. new text end

new text begin Transfer of forfeitable property to federal government. new text end

new text begin The appropriate
agency shall not directly or indirectly transfer property subject to forfeiture under sections
609.531 to 609.5318 to a federal agency for adoption if the forfeiture would be prohibited
under state law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2020, section 609.5311, subdivision 2, is amended to read:

Subd. 2.

Associated property.

(a) All new text begin personal new text end property deleted text begin , deleted text end new text begin and new text end real deleted text begin and personal deleted text end new text begin property new text end , new text begin
other than homestead property exempt from seizure under section 510.01, new text end that deleted text begin has been
used, or is intended for use, or has in any way facilitated, in whole or in part, the
manufacturing, compounding, processing, delivering, importing, cultivating, exporting,
transporting, or exchanging of contraband or a controlled substance that has not been lawfully
manufactured, distributed, dispensed, and acquired deleted text end new text begin is an instrument or represents the proceeds
of a controlled substance offense new text end is subject to forfeiture under this section, except as provided
in subdivision 3.

(b) The Department of Corrections Fugitive Apprehension Unit shall not seize real
property for the purposes of forfeiture under paragraph (a).

new text begin (c) Money is the property of an appropriate agency and may be seized and recovered by
the appropriate agency if:
new text end

new text begin (1) the money is used by an appropriate agency, or furnished to a person operating on
behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance;
and
new text end

new text begin (2) the appropriate agency records the serial number or otherwise marks the money for
identification.
new text end

new text begin As used in this paragraph, "money" means United States currency and coin; the currency
and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid
credit card; cryptocurrency; or a money order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2020, section 609.5311, subdivision 3, is amended to read:

Subd. 3.

Limitations on forfeiture of certain property associated with controlled
substances.

(a) A conveyance device is subject to forfeiture under this section only if the
retail value of the controlled substance is deleted text begin $75 deleted text end new text begin $100 new text end or more and the conveyance device deleted text begin is
associated with a felony-level controlled substance crime deleted text end new text begin was used in the transportation or
exchange of a controlled substance intended for distribution or sale new text end .

(b) Real property is subject to forfeiture under this section only if the retail value of the
controlled substance or contraband is $2,000 or more.

(c) Property used by any person as a common carrier in the transaction of business as a
common carrier is subject to forfeiture under this section only if the owner of the property
is a consenting party to, or is privy to, the use or intended use of the property as described
in subdivision 2.

(d) Property is subject to forfeiture under this section only if its owner was privy to the
use or intended use described in subdivision 2, or the unlawful use or intended use of the
property otherwise occurred with the owner's knowledge or consent.

(e) Forfeiture under this section of a conveyance device or real property encumbered by
a bona fide security interest is subject to the interest of the secured party unless the secured
party had knowledge of or consented to the act or omission upon which the forfeiture is
based. A person claiming a security interest bears the burden of establishing that interest
by clear and convincing evidence.

(f) Forfeiture under this section of real property is subject to the interests of a good faith
purchaser for value unless the purchaser had knowledge of or consented to the act or omission
upon which the forfeiture is based.

(g) Notwithstanding paragraphs (d), (e), and (f), property is not subject to forfeiture
based solely on the owner's or secured party's knowledge of the unlawful use or intended
use of the property if: (1) the owner or secured party took reasonable steps to terminate use
of the property by the offender; or (2) the property is real property owned by the parent of
the offender, unless the parent actively participated in, or knowingly acquiesced to, a violation
of chapter 152, or the real property constitutes proceeds derived from or traceable to a use
described in subdivision 2.

new text begin (h) Money is subject to forfeiture under this section only if it has a total value of $1,500
or more or there is probable cause to believe that the money was exchanged for the purchase
of a controlled substance. As used in this paragraph, "money" means United States currency
and coin; the currency and coin of a foreign country; a bank check, cashier's check, or
traveler's check; a prepaid credit card; cryptocurrency; or a money order.
new text end

deleted text begin (h) deleted text end new text begin (i) new text end The Department of Corrections Fugitive Apprehension Unit shall not seize a
conveyance device or real property, for the purposes of forfeiture under paragraphs (a) to
(g).

new text begin (j) Nothing in this subdivision prohibits the seizure, with or without warrant, of any
property or thing for the purpose of being produced as evidence on any trial or for any other
lawful purpose.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2020, section 609.5311, subdivision 4, is amended to read:

Subd. 4.

Records; proceeds.

deleted text begin (a) deleted text end All books, records, and research products and materials,
including formulas, microfilm, tapes, and data that are used, or intended for use in the
manner described in subdivision 2 are subject to forfeiture.

deleted text begin (b) All property, real and personal, that represents proceeds derived from or traceable
to a use described in subdivision 2 is subject to forfeiture.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2020, section 609.5314, subdivision 1, is amended to read:

Subdivision 1.

Property subject to administrative forfeiture deleted text begin ; presumption deleted text end .

(a) The
following are deleted text begin presumed to be deleted text end subject to administrative forfeiture under this section:

(1) all money new text begin totaling $1,500 or more new text end , precious metals, and precious stones deleted text begin found in
proximity to: deleted text end new text begin that there is probable cause to believe represent the proceeds of a controlled
substance offense;
new text end

deleted text begin (i) controlled substances;
deleted text end

deleted text begin (ii) forfeitable drug manufacturing or distributing equipment or devices; or
deleted text end

deleted text begin (iii) forfeitable records of manufacture or distribution of controlled substances;
deleted text end

new text begin (2) all money found in proximity to controlled substances when there is probable cause
to believe that the money was exchanged for the purchase of a controlled substance;
new text end

deleted text begin (2) deleted text end new text begin (3) new text end all conveyance devices containing controlled substances with a retail value of
$100 or more if deleted text begin possession or sale of the controlled substance would be a felony under
chapter 152 deleted text end new text begin there is probable cause to believe that the conveyance device was used in the
transportation or exchange of a controlled substance intended for distribution or sale new text end ; and

deleted text begin (3) deleted text end new text begin (4) new text end all firearms, ammunition, and firearm accessories found:

(i) in a conveyance device used or intended for use to commit or facilitate the commission
of a felony offense involving a controlled substance;

(ii) on or in proximity to a person from whom a felony amount of controlled substance
is seized; or

(iii) on the premises where a controlled substance is seized and in proximity to the
controlled substance, if possession or sale of the controlled substance would be a felony
under chapter 152.

(b) The Department of Corrections Fugitive Apprehension Unit shall not seize items
listed in paragraph (a), clauses deleted text begin (2) deleted text end new text begin (3) new text end and deleted text begin (3) deleted text end new text begin (4) new text end , for the purposes of forfeiture.

(c) deleted text begin A claimant of the property bears the burden to rebut this presumption. deleted text end new text begin Money is the
property of an appropriate agency and may be seized and recovered by the appropriate
agency if:
new text end

new text begin (1) the money is used by an appropriate agency, or furnished to a person operating on
behalf of an appropriate agency, to purchase or attempt to purchase a controlled substance;
and
new text end

new text begin (2) the appropriate agency records the serial number or otherwise marks the money for
identification.
new text end

new text begin (d) As used in this section, "money" means United States currency and coin; the currency
and coin of a foreign country; a bank check, cashier's check, or traveler's check; a prepaid
credit card; cryptocurrency; or a money order.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2020, section 609.5314, is amended by adding a subdivision
to read:

new text begin Subd. 1a. new text end

new text begin Innocent owner. new text end

new text begin (a) Any person, other than the defendant driver, alleged to
have used a vehicle in the transportation or exchange of a controlled substance intended for
distribution or sale, claiming an ownership interest in a vehicle that has been seized or
restrained under this section may assert that right by notifying the prosecuting authority in
writing and within 60 days of the service of the notice of seizure.
new text end

new text begin (b) Upon receipt of notice pursuant to paragraph (a), the prosecuting authority may
release the vehicle to the asserting person. If the prosecuting authority proceeds with the
forfeiture, the prosecuting authority must, within 30 days, file a separate complaint in the
name of the jurisdiction pursuing the forfeiture against the vehicle, describing the vehicle,
specifying that the vehicle was used in the transportation or exchange of a controlled
substance intended for distribution or sale, and specifying the time and place of the vehicle's
unlawful use. The complaint may be filed in district court or conciliation court and the filing
fee is waived.
new text end

new text begin (c) A complaint filed by the prosecuting authority must be served on the asserting person
and on any other registered owners. Service may be made by certified mail at the address
listed in the Department of Public Safety's computerized motor vehicle registration records
or by any means permitted by court rules.
new text end

new text begin (d) The hearing on the complaint shall, to the extent practicable, be held within 30 days
of the filing of the petition. The court may consolidate the hearing on the complaint with a
hearing on any other complaint involving a claim of an ownership interest in the same
vehicle.
new text end

new text begin (e) At a hearing held pursuant to this subdivision, the state must prove by a preponderance
of the evidence that:
new text end

new text begin (1) the seizure was incident to a lawful arrest or a lawful search; and
new text end

new text begin (2) the vehicle was used in the transportation or exchange of a controlled substance
intended for distribution or sale.
new text end

new text begin (f) At a hearing held pursuant to this subdivision, the asserting person must prove by a
preponderance of the evidence that the asserting person:
new text end

new text begin (1) has an actual ownership interest in the vehicle; and
new text end

new text begin (2) did not have actual or constructive knowledge that the vehicle would be used or
operated in any manner contrary to law or that the asserting person took reasonable steps
to prevent use of the vehicle by the alleged offender.
new text end

new text begin (g) If the court determines that the state met both burdens under paragraph (e) and the
asserting person failed to meet any burden under paragraph (f), the court shall order that
the vehicle remains subject to forfeiture under this section.
new text end

new text begin (h) The court shall order that the vehicle is not subject to forfeiture under this section
and shall order the vehicle returned to the asserting person if it determines that:
new text end

new text begin (1) the state failed to meet any burden under paragraph (e);
new text end

new text begin (2) the asserting person proved both elements under paragraph (f); or
new text end

new text begin (3) clauses (1) and (2) apply.
new text end

new text begin (i) If the court determines that the asserting person is an innocent owner and orders the
vehicle returned to the innocent owner, an entity in possession of the vehicle is not required
to release the vehicle until the innocent owner pays:
new text end

new text begin (1) the reasonable costs of the towing, seizure, and storage of the vehicle incurred before
the innocent owner provided the notice required under paragraph (a); and
new text end

new text begin (2) any reasonable costs of storage of the vehicle incurred more than two weeks after
an order issued under paragraph (h).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 16.

Minnesota Statutes 2020, section 609.5314, subdivision 2, is amended to read:

Subd. 2.

Administrative forfeiture procedure.

(a) Forfeiture of property described in
subdivision 1 that does not exceed $50,000 in value is governed by this subdivision. Within
60 days from when seizure occurs, all persons known to have an ownership, possessory, or
security interest in seized property must be notified of the seizure and the intent to forfeit
the property. In the case of a motor vehicle required to be registered under chapter 168,
notice mailed by certified mail to the address shown in Department of Public Safety records
is deemed sufficient notice to the registered owner. The notification to a person known to
have a security interest in seized property required under this paragraph applies only to
motor vehicles required to be registered under chapter 168 and only if the security interest
is listed on the vehicle's title. Upon motion by the appropriate agency or the prosecuting
authority, a court may extend the time period for sending notice for a period not to exceed
90 days for good cause shown.

(b) Notice may otherwise be given in the manner provided by law for service of a
summons in a civil action. The notice must be in writing and contain:

(1) a description of the property seized;

(2) the date of seizure; and

(3) notice of the right to obtain judicial review of the forfeiture and of the procedure for
obtaining that judicial review, printed in English. This requirement does not preclude the
appropriate agency from printing the notice in other languages in addition to English.

Substantially the following language must appear conspicuously in the notice:

"WARNING: new text begin If you were the person arrested when the property was seized, new text end you will
automatically lose the above-described property and the right to be heard in court if you do
not file a lawsuit and serve the prosecuting authority within 60 days. You may file your
lawsuit in conciliation court if the property is worth $15,000 or less; otherwise, you must
file in district court. You deleted text begin may deleted text end new text begin do new text end not have to pay a filing fee for your lawsuit deleted text begin if you are
unable to afford the fee. You do not have to pay a conciliation court fee if your property is
worth less than $500 deleted text end .

new text begin WARNING: If you have an ownership interest in the above-described property and were
not the person arrested when the property was seized, you will automatically lose the
above-described property and the right to be heard in court if you do not notify the
prosecuting authority of your interest in writing within 60 days. new text end "

(c) If notice is not sent in accordance with paragraph (a), and no time extension is granted
or the extension period has expired, the appropriate agency shall return the property to the
person from whom the property was seized, if known. An agency's return of property due
to lack of proper notice does not restrict the agency's authority to commence a forfeiture
proceeding at a later time. The agency shall not be required to return contraband or other
property that the person from whom the property was seized may not legally possess.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 17.

Minnesota Statutes 2020, section 609.5314, subdivision 3, is amended to read:

Subd. 3.

Judicial determination.

(a) Within 60 days following service of a notice of
seizure and forfeiture under this section, a claimant may file a demand for a judicial
determination of the forfeiture. The demand must be in the form of a civil complaint and
must be filed with the court administrator in the county in which the seizure occurred,
together with proof of service of a copy of the complaint on the prosecuting authority for
that county deleted text begin , and the standard filing fee for civil actions unless the petitioner has the right
to sue in forma pauperis under section 563.01 deleted text end . The claimant may serve the complaint on
the prosecuting authority by any means permitted by court rules. If the value of the seized
property is $15,000 or less, the claimant may file an action in conciliation court for recovery
of the seized property. deleted text begin If the value of the seized property is less than $500, deleted text end The claimant
does not have to pay the deleted text begin conciliation deleted text end court filing fee. No responsive pleading is required of
the prosecuting authority and no court fees may be charged for the prosecuting authority's
appearance in the matter. The district court administrator shall schedule the hearing as soon
as practicable after, and in any event no later than 90 days following, the conclusion of the
criminal prosecution. The proceedings are governed by the Rules of Civil Procedure.

(b) The complaint must be captioned in the name of the claimant as plaintiff and the
seized property as defendant, and must state with specificity the grounds on which the
claimant alleges the property was improperly seized and the plaintiff's interest in the property
seized. Notwithstanding any law to the contrary, an action for the return of property seized
under this section may not be maintained by or on behalf of any person who has been served
with a notice of seizure and forfeiture unless the person has complied with this subdivision.

(c) If the claimant makes a timely demand for judicial determination under this
subdivision, the appropriate agency must conduct the forfeiture under section 609.531,
subdivision 6a. The limitations and defenses set forth in section 609.5311, subdivision 3,
apply to the judicial determination.

(d) If a demand for judicial determination of an administrative forfeiture is filed under
this subdivision and the court orders the return of the seized property, deleted text begin the court shall order
that filing fees be reimbursed to the person who filed the demand. In addition, deleted text end the court
may order sanctions under section 549.211. If the court orders payment of these costs, they
must be paid from forfeited money or proceeds from the sale of forfeited property from the
appropriate law enforcement and prosecuting agencies in the same proportion as they would
be distributed under section 609.5315, subdivision 5.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 18.

Minnesota Statutes 2020, section 609.5315, subdivision 5, is amended to read:

Subd. 5.

Distribution of money.

The money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction
of valid liens against the property, must be distributed as follows:

(1) 70 percent of the money or proceeds must be forwarded to the appropriate agency
for deposit as a supplement to the agency's operating fund or similar fund for use in law
enforcement new text begin , training, education, crime prevention, equipment, or capital expenses new text end ;

(2) 20 percent of the money or proceeds must be forwarded to the prosecuting authority
that handled the forfeiture for deposit as a supplement to its operating fund or similar fund
for prosecutorial purposes new text begin , training, education, crime prevention, equipment, or capital
expenses new text end ; and

(3) the remaining ten percent of the money or proceeds must be forwarded within 60
days after resolution of the forfeiture to the state treasury and credited to the general fund.
Any local police relief association organized under chapter 423 which received or was
entitled to receive the proceeds of any sale made under this section before the effective date
of Laws 1988, chapter 665, sections 1 to 17, shall continue to receive and retain the proceeds
of these sales.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 19.

Minnesota Statutes 2020, section 609.5315, subdivision 5b, is amended to read:

Subd. 5b.

Disposition of certain forfeited proceeds; trafficking of persons deleted text begin ; report
required deleted text end .

deleted text begin (a) deleted text end Except as provided in subdivision 5c, for forfeitures resulting from violations
of section 609.282, 609.283, or 609.322, the money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and sale expenses, and satisfaction
of valid liens against the property, must be distributed as follows:

(1) 40 percent of the proceeds must be forwarded to the appropriate agency for deposit
as a supplement to the agency's operating fund or similar fund for use in law enforcement;

(2) 20 percent of the proceeds must be forwarded to the prosecuting authority that handled
the forfeiture for deposit as a supplement to its operating fund or similar fund for
prosecutorial purposes; and

(3) the remaining 40 percent of the proceeds must be forwarded to the commissioner of
health and are appropriated to the commissioner for distribution to crime victims services
organizations that provide services to victims of trafficking offenses.

deleted text begin (b) By February 15 of each year, the commissioner of public safety shall report to the
chairs and ranking minority members of the senate and house of representatives committees
or divisions having jurisdiction over criminal justice funding on the money collected under
paragraph (a), clause (3). The report must indicate the following relating to the preceding
calendar year:
deleted text end

deleted text begin (1) the amount of money appropriated to the commissioner;
deleted text end

deleted text begin (2) how the money was distributed by the commissioner; and
deleted text end

deleted text begin (3) what the organizations that received the money did with it.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 20.

Minnesota Statutes 2020, section 609.5315, subdivision 6, is amended to read:

Subd. 6.

Reporting requirement.

(a) For each forfeiture occurring in the state regardless
of the authority for it new text begin and including forfeitures pursued under federal law new text end , the appropriate
agency and the prosecuting authority shall provide a written record of the forfeiture incident
to the state auditor. The record shall include new text begin :
new text end

new text begin (1) new text end the amount forfeited deleted text begin , deleted text end new text begin ;
new text end

new text begin (2) new text end the statutory authority for the forfeiture deleted text begin , its deleted text end new text begin ;
new text end

new text begin (3) the new text end date deleted text begin , deleted text end new text begin of the forfeiture;
new text end

new text begin (4) new text end a brief description of the circumstances involved deleted text begin , and deleted text end new text begin ;
new text end

new text begin (5) new text end whether the forfeiture was contested deleted text begin . deleted text end new text begin ;
new text end

new text begin (6) whether the defendant was convicted pursuant to a plea agreement or a trial;
new text end

new text begin (7) whether there was a forfeiture settlement agreement;
new text end

new text begin (8) whether the property was sold, destroyed, or retained by an appropriate agency;
new text end

new text begin (9) the gross revenue from the disposition of the forfeited property;
new text end

new text begin (10) an estimate of the total costs to the agency to store the property in an impound lot,
evidence room, or other location; pay for the time and expenses of an appropriate agency
and prosecuting authority to litigate forfeiture cases; and sell or dispose of the forfeited
property;
new text end

new text begin (11) the net revenue, determined by subtracting the costs identified under clause (10)
from the gross revenue identified in clause (9), the appropriate agency received from the
disposition of forfeited property;
new text end

new text begin (12) if any property was retained by an appropriate agency, the purpose for which it is
used;
new text end

new text begin (13) new text end for controlled substance and driving while impaired forfeitures, deleted text begin the record shall
indicate deleted text end whether the forfeiture was initiated as an administrative or a judicial forfeiture deleted text begin .
The record shall also list deleted text end new text begin ;
new text end

new text begin (14) new text end the number of firearms forfeited and the make, model, and serial number of each
firearm forfeited deleted text begin . The record shall indicate deleted text end new text begin ; and
new text end

new text begin (15) new text end how the property was or is to be disposed of.

(b) An appropriate agency or the prosecuting authority shall report to the state auditor
all instances in which property seized for forfeiture is returned to its owner either because
forfeiture is not pursued or for any other reason.

new text begin (c) Each appropriate agency and prosecuting authority shall provide a written record
regarding the proceeds of forfeited property, including proceeds received through forfeiture
under state and federal law. The record shall include:
new text end

new text begin (1) the total amount of money or proceeds from the sale of forfeited property obtained
or received by an appropriate agency or prosecuting authority in the previous reporting
period;
new text end

new text begin (2) the manner in which each appropriate agency and prosecuting authority expended
money or proceeds from the sale of forfeited property in the previous reporting period,
including the total amount expended in the following categories:
new text end

new text begin (i) drug abuse, crime, and gang prevention programs;
new text end

new text begin (ii) victim reparations;
new text end

new text begin (iii) gifts or grants to crime victim service organizations that provide services to sexually
exploited youth;
new text end

new text begin (iv) gifts or grants to crime victim service organizations that provide services to victims
of trafficking offenses;
new text end

new text begin (v) investigation costs, including but not limited to witness protection, informant fees,
and controlled buys;
new text end

new text begin (vi) court costs and attorney fees;
new text end

new text begin (vii) salaries, overtime, and benefits, as permitted by law;
new text end

new text begin (viii) professional outside services, including but not limited to auditing, court reporting,
expert witness fees, outside attorney fees, and membership fees paid to trade associations;
new text end

new text begin (ix) travel, meals, and conferences;
new text end

new text begin (x) training and continuing education;
new text end

new text begin (xi) other operating expenses, including but not limited to office supplies, postage, and
printing;
new text end

new text begin (xii) capital expenditures, including but not limited to vehicles, firearms, equipment,
computers, and furniture;
new text end

new text begin (xiii) gifts or grants to nonprofit or other programs, indicating the recipient of the gift
or grant; and
new text end

new text begin (xiv) any other expenditure, indicating the type of expenditure and, if applicable, the
recipient of any gift or grant;
new text end

new text begin (3) the total value of seized and forfeited property held by an appropriate agency and
not sold or otherwise disposed of; and
new text end

new text begin (4) a statement from the end of each year showing the balance of any designated forfeiture
accounts maintained by an appropriate agency or prosecuting authority.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Reports new text begin under paragraphs (a) and (b) new text end shall be made on a deleted text begin monthly deleted text end new text begin quarterly new text end basis
in a manner prescribed by the state auditor new text begin and reports under paragraph (c) shall be made
on an annual basis in a manner prescribed by the state auditor new text end . The state auditor shall report
annually to the legislature on the nature and extent of forfeitures deleted text begin . deleted text end new text begin , including the information
provided by each appropriate agency or prosecuting authority under paragraphs (a) to (c).
Summary data on seizures, forfeitures, and expenditures of forfeiture proceeds shall be
disaggregated by each appropriate agency and prosecuting authority. The report shall be
made public on the state auditor's website.
new text end

deleted text begin (d) deleted text end new text begin (e) new text end For forfeitures resulting from the activities of multijurisdictional law enforcement
entities, the entity on its own behalf shall report the information required in this subdivision.

deleted text begin (e) deleted text end new text begin (f) new text end The prosecuting authority is not required to report information required by deleted text begin this
subdivision deleted text end new text begin paragraph (a) or (b) new text end unless the prosecuting authority has been notified by the
state auditor that the appropriate agency has not reported it.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022, and applies to seizures
that take place on or after that date.
new text end

Sec. 21. new text begin RECIDIVISM STUDY.
new text end

new text begin The legislative auditor shall conduct or contract with an independent third-party vendor
to conduct a comprehensive program audit on the efficacy of forfeiture and the use of ignition
interlock in cases involving an alleged violation of Minnesota Statutes, section 169A.20.
The audit shall assess the financial impact of the programs, the efficacy in reducing
recidivism, and the impacts, if any, on public safety. The audit shall be conducted in
accordance with generally accepted government auditing standards issued by the United
States Government Accountability Office. The legislative auditor shall complete the audit
no later than August 1, 2024, and shall report the results of the audit to the chairs and ranking
minority members of the legislative committees and divisions with jurisdiction over public
safety by January 15, 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

Sec. 22. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, section 609.5317, new text end new text begin is repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2022.
new text end

ARTICLE 6

CRIME VICTIM NOTIFICATION

Section 1.

Minnesota Statutes 2020, section 253B.18, subdivision 5a, is amended to read:

Subd. 5a.

Victim notification of petition and release; right to submit statement.

(a)
As used in this subdivision:

(1) "crime" has the meaning given to "violent crime" in section 609.1095, and includes
criminal sexual conduct in the fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4e, and also includes offenses listed in
section 253D.02, subdivision 8, paragraph (b), regardless of whether they are sexually
motivated;

(2) "victim" means a person who has incurred loss or harm as a result of a crime the
behavior for which forms the basis for a commitment under this section or chapter 253D;
and

(3) "convicted" and "conviction" have the meanings given in section 609.02, subdivision
5, and also include juvenile court adjudications, findings under Minnesota Rules of Criminal
Procedure, rule 20.02, that the elements of a crime have been proved, and findings in
commitment cases under this section or chapter 253D that an act or acts constituting a crime
occurred new text begin or were part of their course of harmful sexual conduct new text end .

(b) A county attorney who files a petition to commit a person under this section or chapter
253D shall make a reasonable effort to provide prompt notice of filing the petition to any
victim of a crime for which the person was convicted. In addition, the county attorney shall
make a reasonable effort to promptly notify the victim of the resolution of the petition new text begin and
the process for requesting notification of an individual's change in status as provided in
paragraph (c) new text end .

new text begin (c) A victim may request notification of an individual's discharge or release as provided
in paragraph (d) by submitting a written request for notification to the executive director of
the facility in which the individual is confined. The Department of Corrections or a county
attorney who receives a request for notification from a victim under this section shall
promptly forward the request to the executive director of the treatment facility in which the
individual is confined.
new text end

deleted text begin (c) deleted text end new text begin (d) new text end Before provisionally discharging, discharging, granting pass-eligible status,
approving a pass plan, or otherwise permanently or temporarily releasing a person committed
under this section from a state-operated treatment program or treatment facility, the head
of the state-operated treatment program or head of the treatment facility shall make a
reasonable effort to notify any victim of a crime for which the person was convicted that
the person may be discharged or released and that the victim has a right to submit a written
statement regarding decisions of the medical director, special review board, or commissioner
with respect to the person. To the extent possible, the notice must be provided at least 14
days before any special review board hearing or before a determination on a pass plan.
Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the judicial
appeal panel with victim information in order to comply with the provisions of this section.
The judicial appeal panel shall ensure that the data on victims remains private as provided
for in section 611A.06, subdivision 4. new text begin These notices shall only be provided to victims who
have submitted a written request for notification as provided in paragraph (c).
new text end

deleted text begin (d) This subdivision applies only to victims who have requested notification through
the Department of Corrections electronic victim notification system, or by contacting, in
writing, the county attorney in the county where the conviction for the crime occurred. A
request for notice under this subdivision received by the commissioner of corrections through
the Department of Corrections electronic victim notification system shall be promptly
forwarded to the prosecutorial authority with jurisdiction over the offense to which the
notice relates or, following commitment, the head of the state-operated treatment program
or head of the treatment facility. A county attorney who receives a request for notification
under this paragraph following commitment shall promptly forward the request to the
commissioner of human services.
deleted text end

(e) The rights under this subdivision are in addition to rights available to a victim under
chapter 611A. This provision does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a, 4b, or 5 or section 253D.14.

Sec. 2.

Minnesota Statutes 2020, section 253D.14, subdivision 2, is amended to read:

Subd. 2.

Notice of filing petition.

A county attorney who files a petition to commit a
person under this chapter shall make a reasonable effort to provide prompt notice of filing
the petition to any victim of a crime for which the person was convicted new text begin or was listed as a
victim in the petition of commitment new text end . In addition, the county attorney shall make a reasonable new text begin
and good faith new text end effort to promptly notify the victim of the resolution of the deleted text begin petition deleted text end new text begin process
for requesting the notification of an individual's change in status as provided in section
253D.14, subdivision 3 new text end .

Sec. 3.

Minnesota Statutes 2020, section 253D.14, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Requesting notification. new text end

new text begin A victim may request notification of an individual's
discharge or release as outlined in subdivision 3 by submitting a written request for
notification to the executive director of the facility in which the individual is confined. The
Department of Corrections or a county attorney who receives a request for notification from
a victim under this section following an individual's civil commitment shall promptly forward
the request to the executive director of the treatment facility in which the individual is
confined.
new text end

Sec. 4.

Minnesota Statutes 2020, section 253D.14, subdivision 3, is amended to read:

Subd. 3.

Notice of discharge or release.

Before provisionally discharging, discharging,
granting pass-eligible status, approving a pass plan, or otherwise permanently or temporarily
releasing a person committed under this chapter from a treatment facility, the executive
director shall make a reasonable effort to notify any victim of a crime for which the person
was convicted that the person may be discharged or released and that the victim has a right
to submit a written statement regarding decisions of the executive director, or special review
board, with respect to the person. To the extent possible, the notice must be provided at
least 14 days before any special review board hearing or before a determination on a pass
plan. Notwithstanding section 611A.06, subdivision 4, the commissioner shall provide the
judicial appeal panel with victim information in order to comply with the provisions of this
chapter. The judicial appeal panel shall ensure that the data on victims remains private as
provided for in section 611A.06, subdivision 4. new text begin This subdivision applies only to victims
who have submitted a written request for notification as provided in subdivision 2a.
new text end

Sec. 5.

Minnesota Statutes 2020, section 611A.039, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

new text begin (a) new text end Except as otherwise provided in subdivision 2,
within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which
there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts
to provide to each affected crime victim oral or written notice of the final disposition of the
case new text begin and of the victim rights under section 611A.06 new text end . When the court is considering modifying
the sentence for a felony or a crime of violence or an attempted crime of violence, the court
or its designee shall make a reasonable and good faith effort to notify the victim of the
crime. If the victim is incapacitated or deceased, notice must be given to the victim's family.
If the victim is a minor, notice must be given to the victim's parent or guardian. The notice
must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information;
and

(4) a statement that the victim and victim's family may provide input to the court
concerning the sentence modification.

new text begin (b) The Office of Justice Programs in the Department of Public Safety shall develop and
update a model notice of postconviction rights under this subdivision and section 611A.06.
new text end

new text begin (c) new text end As used in this section, "crime of violence" has the meaning given in section 624.712,
subdivision 5, and also includes gross misdemeanor violations of section 609.224, and
nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.

Sec. 6.

Minnesota Statutes 2020, section 611A.06, subdivision 1, is amended to read:

Subdivision 1.

Notice of release required.

new text begin (a) new text end The commissioner of corrections or other
custodial authority shall make a good faith effort to notify the victim that the offender is to
be released from imprisonment or incarceration, including release on extended furlough
and for work release deleted text begin ; released deleted text end new text begin and release new text end from a juvenile correctional facility deleted text begin ; released
from a facility in which the offender was confined due to incompetency, mental illness, or
mental deficiency, or commitment under section 253B.18 or chapter 253D; deleted text end new text begin , new text end or if the
offender's custody status is reduced deleted text begin , if the victim has mailed to the commissioner of
corrections or deleted text end new text begin . These notices shall only be provided to victims who have submitted a written
request for notification new text end to the head of the new text begin county correctional new text end facility in which the offender
is confined deleted text begin a written request for this notice deleted text end , or deleted text begin the victim has made deleted text end new text begin if committed to the
Department of Corrections, submitted new text end a new text begin written new text end request for this notice to the commissioner
of corrections new text begin or electronic request new text end through the Department of Corrections electronic victim
notification system. The good faith effort to notify the victim must occur prior to the
offender's release or when the offender's custody status is reduced. For a victim of a felony
crime against the person for which the offender was sentenced to imprisonment for more
than 18 months, the good faith effort to notify the victim must occur 60 days before the
offender's release.

new text begin (b) The commissioner of human services shall make a good faith effort to notify the
victim in writing that the offender is to be released from confinement in a facility due to
incompetency, mental illness, or mental deficiency, or commitment under section 253B.18
or chapter 253D if the victim has submitted a written request for notification to the executive
director of the facility in which the individual is confined.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2020, sections 253D.14, subdivision 4; and 611A.0385, new text end new text begin are repealed.
new text end

ARTICLE 7

CHILD PROTECTION BACKGROUND CHECKS

Section 1.

Minnesota Statutes 2020, section 299C.60, is amended to read:

299C.60 CITATION.

Sections 299C.60 to 299C.64 may be cited as the "Minnesota Child new text begin , Elder, and
Individuals with Disabilities new text end Protection Background Check Act."

Sec. 2.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Authorized agency. new text end

new text begin "Authorized agency" means the licensing agency or, if
one does not exist, the Bureau of Criminal Apprehension. Licensing agencies include but
are not limited to the:
new text end

new text begin (1) Department of Human Services;
new text end

new text begin (2) Department of Health; and
new text end

new text begin (3) Professional Educator Licensing and Standards Board.
new text end

Sec. 3.

Minnesota Statutes 2020, section 299C.61, subdivision 2, is amended to read:

Subd. 2.

Background check crime.

"Background check crime" includes child abuse
crimes, murder, manslaughter, felony level assault or any assault crime committed against
a minor new text begin or vulnerable adult new text end , kidnapping, arson, criminal sexual conduct, and
prostitution-related crimes.

Sec. 4.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 2a. new text end

new text begin Care. new text end

new text begin "Care" means the provision of care, treatment, education, training,
instruction, supervision, or recreation to children, the elderly, or individuals with disabilities.
new text end

Sec. 5.

Minnesota Statutes 2020, section 299C.61, subdivision 4, is amended to read:

Subd. 4.

Child abuse crime.

"Child abuse crime" means:

(1) an act committed against a minor victim that constitutes a violation of section 609.185,
paragraph (a), clause (5); 609.221; 609.222; 609.223; 609.224; 609.2242; 609.322; 609.324;
609.342; 609.343; 609.344; 609.345; 609.352; 609.377; deleted text begin or deleted text end 609.378; new text begin 617.246; or 617.247;
new text end or

(2) a violation of section 152.021, subdivision 1, clause (4); 152.022, subdivision 1,
clause (5) or (6); 152.023, subdivision 1, clause (3) or (4); 152.023, subdivision 2, clause
(4) or (6); or 152.024, subdivision 1, clause (2), (3), or (4).

Sec. 6.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 8b. new text end

new text begin Covered individual. new text end

new text begin "Covered individual" means an individual:
new text end

new text begin (1) who has, seeks to have, or may have access to children, the elderly, or individuals
with disabilities, served by a qualified entity; and
new text end

new text begin (2) who:
new text end

new text begin (i) is employed by or volunteers with, or seeks to be employed by or volunteer with, a
qualified entity; or
new text end

new text begin (ii) owns or operates, or seeks to own or operate, a qualified entity.
new text end

Sec. 7.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 8c. new text end

new text begin Individuals with disabilities. new text end

new text begin "Individuals with disabilities" means persons
with a mental or physical impairment who require assistance to perform one or more daily
living tasks.
new text end

Sec. 8.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 8d. new text end

new text begin National criminal history background check system. new text end

new text begin "National criminal
history background check system" means the criminal history record system maintained by
the Federal Bureau of Investigation based on fingerprint identification or any other method
of positive identification.
new text end

Sec. 9.

Minnesota Statutes 2020, section 299C.61, is amended by adding a subdivision to
read:

new text begin Subd. 8e. new text end

new text begin Qualified entity. new text end

new text begin "Qualified entity" means a business or organization, whether
public, private, for-profit, not-for-profit, or voluntary, that provides care or care placement
services, including a business or organization that licenses or certifies others to provide care
or care placement services.
new text end

Sec. 10.

Minnesota Statutes 2020, section 299C.62, subdivision 1, is amended to read:

Subdivision 1.

Generally.

The superintendent shall develop procedures new text begin in accordance
with United States Code, title 34, section 40102, new text end to enable a deleted text begin children's service provider deleted text end new text begin
qualified entity new text end to request a background check to determine whether a deleted text begin children's service
worker deleted text end new text begin covered worker new text end is the subject of any reported conviction for a background check
crime. deleted text begin The superintendent shall perform the background check by retrieving and reviewing
data on background check crimes. deleted text end The superintendent is authorized to exchange fingerprints
with the Federal Bureau of Investigation for purposes of deleted text begin a criminal history deleted text end new text begin the background new text end
check. The superintendent shall recover the cost of a background check through a fee charged
deleted text begin the children's service provider deleted text end new text begin to the qualified entity and make reasonable efforts to respond
to the inquiry within 15 business days new text end .

Sec. 11.

Minnesota Statutes 2020, section 299C.62, subdivision 2, is amended to read:

Subd. 2.

Background check; requirements.

deleted text begin (a) The superintendent may not perform
a background check under this section unless the children's service provider submits a
written document, signed by the children's service worker on whom the background check
is to be performed, containing the following:
deleted text end

deleted text begin (1) a question asking whether the children's service worker has ever been convicted of
a background check crime and if so, requiring a description of the crime and the particulars
of the conviction;
deleted text end

deleted text begin (2) a notification to the children's service worker that the children's service provider will
request the superintendent to perform a background check under this section; and
deleted text end

deleted text begin (3) a notification to the children's service worker of the children's service worker's rights
under subdivision 3.
deleted text end

deleted text begin (b) Background checks performed under this section may only be requested by and
provided to authorized representatives of a children's service provider who have a need to
know the information and may be used only for the purposes of sections 299C.60 to 299C.64.
Background checks may be performed pursuant to this section not later than one year after
the document is submitted under this section.
deleted text end

new text begin The superintendent may not perform a background check of a covered individual under
this section unless the covered individual:
new text end

new text begin (1) completes and signs a statement that:
new text end

new text begin (i) contains the name, address, and date of birth appearing on a valid identification
document, as defined in United States Code, title 18, section 1028, of the covered individual;
new text end

new text begin (ii) the covered individual has not been convicted of a crime and, if the covered individual
has been convicted of a crime, contains a description of the crime and the particulars of the
conviction;
new text end

new text begin (iii) notifies the covered individual that the entity may request a background check under
subdivision 1;
new text end

new text begin (iv) notifies the covered individual of the covered individual's rights under subdivision
3; and
new text end

new text begin (v) notifies the covered individual that prior to the completion of the background check
the qualified entity may choose to deny the covered individual access to a person to whom
the qualified entity provides care; and
new text end

new text begin (2) if requesting a national criminal history background check, provides a set of
fingerprints.
new text end

Sec. 12.

Minnesota Statutes 2020, section 299C.62, subdivision 3, is amended to read:

Subd. 3.

deleted text begin Children's service worker deleted text end new text begin Covered individuals new text end rights.

deleted text begin (a) The children's
service provider shall notify the children's service worker of the children's service worker's
rights under paragraph (b).
deleted text end

deleted text begin (b) A children's service worker who is the subject of a background check request has
the following rights:
deleted text end

deleted text begin (1) the right to be informed that a children's service provider will request a background
check on the children's service worker:
deleted text end

deleted text begin (i) for purposes of the children's service worker's application to be employed by, volunteer
with, be an independent contractor for, or be an owner of a children's service provider or
for purposes of continuing as an employee, volunteer, independent contractor, or owner;
and
deleted text end

deleted text begin (ii) to determine whether the children's service worker has been convicted of any crime
specified in section 299C.61, subdivision 2 or 4;
deleted text end

deleted text begin (2) the right to be informed by the children's service provider of the superintendent's
response to the background check and to obtain from the children's service provider a copy
of the background check report;
deleted text end

deleted text begin (3) the right to obtain from the superintendent any record that forms the basis for the
report;
deleted text end

deleted text begin (4) the right to challenge the accuracy and completeness of any information contained
in the report or record pursuant to section 13.04, subdivision 4;
deleted text end

deleted text begin (5) the right to be informed by the children's service provider if the children's service
worker's application to be employed with, volunteer with, be an independent contractor for,
or be an owner of a children's service provider, or to continue as an employee, volunteer,
independent contractor, or owner, has been denied because of the superintendent's response;
and
deleted text end

deleted text begin (6) the right not to be required directly or indirectly to pay the cost of the background
check.
deleted text end

new text begin The qualified entity shall notify the covered individual who is subjected to a background
check under subdivision 1 that the individual has the right to:
new text end

new text begin (1) obtain a copy of any background check report;
new text end

new text begin (2) challenge the accuracy or completeness of the information contained in the background
report or record pursuant to section 13.04, subdivision 4, or applicable federal authority;
and
new text end

new text begin (3) be given notice of the opportunity to appeal and instructions on how to complete the
appeals process.
new text end

Sec. 13.

Minnesota Statutes 2020, section 299C.62, subdivision 4, is amended to read:

Subd. 4.

Response of bureau.

The superintendent shall respond to a background check
request within a reasonable time after receiving new text begin a request from a qualified entity or new text end the
signed, written document described in subdivision 2. The superintendent shall provide the
deleted text begin children's service provider deleted text end new text begin qualified entity new text end with a copy of the deleted text begin applicant's deleted text end new text begin covered individual's new text end
criminal record or a statement that the deleted text begin applicant deleted text end new text begin covered individual new text end is not the subject of a
criminal history record at the bureau. It is the responsibility of the deleted text begin service provider deleted text end new text begin qualified
entity new text end to determine if the deleted text begin applicant deleted text end new text begin covered individual new text end qualifies as an employee, volunteer,
or independent contractor under this section.

Sec. 14.

Minnesota Statutes 2020, section 299C.62, subdivision 6, is amended to read:

Subd. 6.

Admissibility of evidence.

Evidence or proof that a background check of a
volunteer was not requested under sections 299C.60 to 299C.64 by a deleted text begin children's service
provider deleted text end new text begin qualified entity new text end is not admissible in evidence in any litigation against a nonprofit
or charitable organization.

Sec. 15.

Minnesota Statutes 2020, section 299C.63, is amended to read:

299C.63 EXCEPTION; OTHER LAWS.

The superintendent is not required to respond to a background check request concerning
a deleted text begin children's service worker deleted text end new text begin covered individual new text end who, as a condition of occupational licensure
or employment, is subject to the background study requirements imposed by any statute or
rule other than sections 299C.60 to 299C.64. deleted text begin A background check performed on a licensee,
license applicant, or employment applicant under this section does not satisfy the
requirements of any statute or rule other than sections 299C.60 to 299C.64, that provides
for background study of members of an individual's particular occupation.
deleted text end

Sec. 16.

Minnesota Statutes 2020, section 299C.72, is amended to read:

299C.72 MINNESOTA CRIMINAL HISTORY CHECKS.

Subdivision 1.

Definitions.

For purposes of this section, the following terms have the
meanings given.

(a) "Applicant for employment" means an individual who seeks either county or city
employment or has applied to serve as a volunteer in the county or city.

(b) "Applicant for licensure" means the individual seeks a license issued by the county
or city which is not subject to a federal- or state-mandated background check.

(c) "Authorized law enforcement agency" means the county sheriff for checks conducted
for county purposes, the police department for checks conducted for city purposes, or the
county sheriff for checks conducted for city purposes where there is no police department.

(d) "Criminal history check" means retrieval of criminal history data via the secure
network described in section 299C.46.

(e) "Criminal history data" means adult convictions and adult open arrests less than one
year old found in the Minnesota computerized criminal history repository.

new text begin (f) "Current employee" means an individual presently employed by either a county or
city or who presently serves as a volunteer in the county or city.
new text end

new text begin (g) "Current licensee" means an individual who has previously sought and received a
license, which is still presently valid, issued by a county or city.
new text end

deleted text begin (f) deleted text end new text begin (h) new text end "Informed consent" has the meaning given in section 13.05, subdivision 4,
paragraph (d).

Subd. 2.

Criminal history check authorized.

(a) The criminal history check authorized
by this section shall not be used in place of a statutorily mandated or authorized background
check.

(b) An authorized law enforcement agency may conduct a criminal history check of an
individual who is an applicant for employment deleted text begin or deleted text end new text begin , current employee, new text end applicant for licensure new text begin ,
or current licensee new text end . Prior to conducting the criminal history check, the authorized law
enforcement agency must receive the informed consent of the individual.

(c) The authorized law enforcement agency shall not disseminate criminal history data
and must maintain it securely with the agency's office. The authorized law enforcement
agency can indicate whether the applicant for employment or applicant for licensure has a
criminal history that would prevent hire, acceptance as a volunteer to a hiring authority, or
would prevent the issuance of a license to the department that issues the license.

ARTICLE 8

LAW ENFORCEMENT SALARIES

Section 1.

Laws 2021, First Special Session chapter 4, article 9, section 1, is amended to
read:

Section 1. LAW ENFORCEMENT SALARY INCREASES.

(a) Notwithstanding any law to the contrary, the commissioner of commerce must
increase the salary paid to commerce insurance fraud specialists positions in positions
represented by the Minnesota Law Enforcement Association by 13.2 percent, and must
increase the salary paid to these commerce insurance fraud specialists that are compensated
at the maximum base wage level by an additional two percent.

(b) new text begin If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent increase for salary provided under paragraph (a) shall be reduced
by the percent increase of any wage adjustment for the same period provided in the collective
bargaining agreement.
new text end

new text begin (c) new text end Notwithstanding any law to the contrary, in addition to the salary increases required
under paragraph (a), the commissioner of commerce shall increase by 8.4 percent the salary
paid to supervisors and managers, and must increase the salary paid to supervisors and
managers who are compensated at the maximum base wage level by an additional two
percent. For purposes of this paragraph, "supervisors and managers" means employees who
are employed in positions that require them to be licensed as peace officers, as defined in
Minnesota Statutes, section 626.84, subdivision 1, who supervise or manage employees
described in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from October 22, 2020.
new text end

Sec. 2.

Laws 2021, First Special Session chapter 4, article 9, section 2, is amended to read:

Sec. 2. LAW ENFORCEMENT SALARY SUPPLEMENT FOR FISCAL YEAR
2020.

new text begin (a) new text end Notwithstanding any law to the contrary, an eligible state employee employed at any
time during fiscal year 2020 in a position for which the Minnesota Law Enforcement
Association was the exclusive representative shall receive a salary supplement payment
that is equal to the salary the employee earned in that position in fiscal year 2020, multiplied
by 2.25 percent. For purposes of this section, "eligible state employee" means a person who
is employed by the state on the effective date of this section and who was employed in fiscal
year 2020 as a commerce insurance fraud specialist by the Department of Commerce.

new text begin (b) If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent used to determine the salary supplement payment provided under
paragraph (a) shall be reduced by the percent increase of any wage adjustment for the same
period provided in the collective bargaining agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of 2021 First Special
Session chapter 4, article 9, section 2.
new text end

Sec. 3.

Laws 2021, First Special Session chapter 4, article 9, section 3, is amended to read:

Sec. 3. LAW ENFORCEMENT SALARY SUPPLEMENT FOR A PORTION OF
FISCAL YEAR 2021.

new text begin (a) new text end Notwithstanding any law to the contrary, an eligible state employee employed at any
time from July 1, 2020, to October 21, 2020, in a position for which the Minnesota Law
Enforcement Association was the exclusive representative shall receive a salary supplement
payment that is equal to the salary the employee earned in that position from July 1, 2020,
to October 21, 2020, multiplied by 4.8 percent. For purposes of this section, "eligible state
employee" means a person who is employed by the state on the effective date of this section
and who was employed at any time from July 1, 2020, to October 21, 2020, as a commerce
insurance fraud specialist by the Department of Commerce.

new text begin (b) If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent used to determine the salary supplement payment provided under
paragraph (a) shall be reduced by the percent increase of any wage adjustment for the same
period provided in the collective bargaining agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of 2021 First Special
Session chapter 4, article 9, section 3.
new text end

Sec. 4.

Laws 2021, First Special Session chapter 4, article 9, section 4, is amended to read:

Sec. 4. APPROPRIATIONS; SALARY INCREASES.

$214,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of commerce for salary increases deleted text begin under section 1 deleted text end . This appropriation is available until
December 30, 2021. In each of fiscal years 2022 and 2023, $283,000 is appropriated from
the general fund to the commissioner of commerce for this purpose. This amount is in
addition to the base appropriation for this purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of 2021 First Special
Session chapter 4, article 9, section 4.
new text end

Sec. 5.

Laws 2021, First Special Session chapter 4, article 9, section 5, is amended to read:

Sec. 5. APPROPRIATIONS; SALARY SUPPLEMENTS FROM JULY 1, 2019, TO
OCTOBER 21, 2020.

$58,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of commerce for salary supplements deleted text begin under sections 2 and 3 deleted text end . This appropriation is available
until December 30, 2021. This is a onetime appropriation.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of 2021 First Special
Session chapter 4, article 9, section 5.
new text end

Sec. 6.

Laws 2021, First Special Session chapter 5, article 3, section 1, is amended to read:

Section 1. LAW ENFORCEMENT SALARY INCREASES.

(a) Notwithstanding any law to the contrary, the commissioner of public safety must
increase the salary paid to state patrol troopers in positions represented by the Minnesota
Law Enforcement Association by 13.2 percent and must increase the salary paid to these
state patrol troopers that are compensated at the maximum base wage level by an additional
two percent.

(b) new text begin If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent increase for salary provided under paragraph (a) shall be reduced
by the percent increase of any wage adjustment for the same period provided in the collective
bargaining agreement.
new text end

new text begin (c) new text end Notwithstanding any law to the contrary, in addition to the salary increases required
under paragraph (a), the commissioner of public safety shall increase by 8.4 percent the
salary paid to supervisors and managers, and must increase the salary paid to supervisors
and managers who are compensated at the maximum base wage level by an additional two
percent. For purposes of this paragraph, "supervisors and managers" means employees who
are employed in positions that require them to be licensed as peace officers, as defined in
Minnesota Statutes, section 626.84, subdivision 1, who supervise or manage employees
described in paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from October 22, 2020.
new text end

Sec. 7.

Laws 2021, First Special Session chapter 5, article 3, section 2, is amended to read:

Sec. 2. LAW ENFORCEMENT SALARY SUPPLEMENT FOR FISCAL YEAR
2020.

new text begin (a) new text end Notwithstanding any law to the contrary, an eligible state employee employed at any
time during fiscal year 2020 in a position for which the Minnesota Law Enforcement
Association was the exclusive representative shall receive a salary supplement payment
that is equal to the salary the employee earned in that position in fiscal year 2020, multiplied
by 2.25 percent. For purposes of this section, "eligible state employee" means a person who
is employed by the state on the effective date of this section and who was employed in fiscal
year 2020 as a state patrol trooper by the Department of Public Safety.

new text begin (b) If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent used to determine the salary supplement payment provided under
paragraph (a) shall be reduced by the percent increase of any wage adjustment for the same
period provided in the collective bargaining agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of 2021 First Special
Session chapter 5, article 3, section 2.
new text end

Sec. 8.

Laws 2021, First Special Session chapter 5, article 3, section 3, is amended to read:

Sec. 3. LAW ENFORCEMENT SALARY SUPPLEMENT FOR A PORTION OF
FISCAL YEAR 2021.

new text begin (a) new text end Notwithstanding any law to the contrary, an eligible state employee employed at any
time from July 1, 2020, to October 21, 2020, in a position for which the Minnesota Law
Enforcement Association was the exclusive representative shall receive a salary supplement
payment that is equal to the salary the employee earned in that position from July 1, 2020,
to October 21, 2020, multiplied by 4.8 percent. For purposes of this section, "eligible state
employee" means a person who is employed by the state on the effective date of this section
and who was employed at any time from July 1, 2020, to October 21, 2020, as a state patrol
trooper by the Department of Public Safety.

new text begin (b) If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent used to determine the salary supplement payment provided under
paragraph (a) shall be reduced by the percent increase of any wage adjustment for the same
period provided in the collective bargaining agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of 2021 First Special
Session chapter 5, article 3, section 3.
new text end

Sec. 9.

Laws 2021, First Special Session chapter 5, article 3, section 4, is amended to read:

Sec. 4. APPROPRIATIONS; SALARY INCREASES.

(a) $125,000 is appropriated in fiscal year 2021 from the general fund to the commissioner
of public safety for state patrol salary increases deleted text begin under section 1 deleted text end . This appropriation is
available until December 30, 2021. In each of fiscal years 2022 and 2023, $464,000 is
appropriated from the general fund to the commissioner of public safety for this purpose.
This amount is in addition to the base appropriation for this purpose.

(b) $3,182,000 is appropriated in fiscal year 2021 from the trunk highway fund to the
commissioner of public safety for state patrol salary increases deleted text begin under section 1 deleted text end . This
appropriation is available until December 30, 2021. In each of fiscal years 2022 and 2023,
$10,363,000 is appropriated from the trunk highway fund to the commissioner of public
safety for this purpose. This amount is in addition to the base appropriation for this purpose.

(c) $27,000 is appropriated in fiscal year 2021 from the highway user tax distribution
fund to the commissioner of public safety for state patrol salary increases deleted text begin under section 1 deleted text end .
This appropriation is available until December 30, 2021. In each of fiscal years 2022 and
2023, $110,000 is appropriated from the highway user tax distribution fund to the
commissioner of public safety for this purpose. This amount is in addition to the base
appropriation for this purpose.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of 2021 First Special
Session chapter 5, article 3, section 4.
new text end

Sec. 10.

Laws 2021, First Special Session chapter 5, article 3, section 5, is amended to
read:

Sec. 5. APPROPRIATIONS; SALARY SUPPLEMENTS FROM JULY 1, 2019, TO
OCTOBER 21, 2020.

(a) $105,000 is appropriated in fiscal year 2021 from the general fund to the commissioner
of public safety for state patrol salary supplements deleted text begin under sections 2 and 3 deleted text end . This is a onetime
appropriation and is available until December 30, 2021.

(b) $2,538,000 is appropriated in fiscal year 2021 from the trunk highway fund to the
commissioner of public safety for state patrol salary supplements deleted text begin under sections 2 and 3 deleted text end .
This is a onetime appropriation and is available until December 30, 2021.

(c) $32,000 is appropriated in fiscal year 2021 from the highway user tax distribution
fund to the commissioner of public safety for state patrol salary supplements deleted text begin under sections
2 and 3 deleted text end . This is a onetime appropriation and is available until December 30, 2021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective on the effective date of 2021 First Special
Session chapter 5, article 3, section 5.
new text end

Sec. 11. new text begin LAW ENFORCEMENT SALARY INCREASES.
new text end

new text begin (a) Notwithstanding any law to the contrary, salary increases shall apply to the following
employees whose exclusive representative is the Minnesota Law Enforcement Association:
new text end

new text begin (1) the commissioner of public safety must increase the salary paid to Bureau of Criminal
Apprehension agents and special agents in the gambling enforcement division by 13.2
percent, and must increase the salary paid to Bureau of Criminal Apprehension agents and
special agents in the gambling enforcement division that are compensated at the maximum
base wage level by an additional two percent; and
new text end

new text begin (2) the commissioner of corrections must increase the salary paid to fugitive specialists
positions by 13.2 percent, and must increase the salary paid to fugitive specialists that are
compensated at the maximum base wage level by an additional two percent.
new text end

new text begin (b) If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent increase for salary provided under paragraph (a) shall be reduced
by the percent increase of any wage adjustment for the same period provided in the collective
bargaining agreement.
new text end

new text begin (c) Notwithstanding any law to the contrary, in addition to the salary increases required
under paragraph (a), each agency described in paragraph (a) shall increase by 8.4 percent
the salary paid to supervisors and managers, and must increase the salary paid to supervisors
and managers who are compensated at the maximum base wage level by an additional two
percent. For purposes of this paragraph, "supervisors and managers" means employees who
are employed in positions that require them to be licensed as peace officers, as defined in
Minnesota Statutes, section 626.84, subdivision 1, who supervise or manage employees
described in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from October 22, 2020.
new text end

Sec. 12. new text begin LAW ENFORCEMENT SALARY SUPPLEMENT FOR FISCAL YEAR
2020.
new text end

new text begin (a) Notwithstanding any law to the contrary, an eligible state employee employed at any
time during fiscal year 2020 in a position for which the Minnesota Law Enforcement
Association was the exclusive representative shall receive a salary supplement payment
that is equal to the salary the employee earned in that position in fiscal year 2020, multiplied
by 2.25 percent. For purposes of this section, "eligible state employee" means a person who
is employed by the state on the effective date of this section and who was employed in fiscal
year 2020 in one of the following positions:
new text end

new text begin (1) Bureau of Criminal Apprehension agent, employed by the Department of Public
Safety;
new text end

new text begin (2) special agent in the gambling enforcement division of the Department of Public
Safety; or
new text end

new text begin (3) fugitive specialist, employed by the Department of Corrections.
new text end

new text begin (b) If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent used to determine the salary supplement payment provided under
paragraph (a) shall be reduced by the percent increase of any wage adjustment for the same
period provided in the collective bargaining agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 13. new text begin LAW ENFORCEMENT SALARY SUPPLEMENT FOR A PORTION OF
FISCAL YEAR 2021.
new text end

new text begin (a) Notwithstanding any law to the contrary, an eligible state employee employed at any
time from July 1, 2020, to October 21, 2020, in a position for which the Minnesota Law
Enforcement Association was the exclusive representative shall receive a salary supplement
payment that is equal to the salary the employee earned in that position from July 1, 2020,
to October 21, 2020, multiplied by 4.8 percent. For purposes of this section, "eligible state
employee" means a person who is employed by the state on the effective date of this section
and who was employed at any time from July 1, 2020, to October 21, 2020, in one of the
following positions:
new text end

new text begin (1) Bureau of Criminal Apprehension agent, employed by the Department of Public
Safety;
new text end

new text begin (2) special agent in the gambling enforcement division of the Department of Public
Safety; or
new text end

new text begin (3) fugitive specialist, employed by the Department of Corrections.
new text end

new text begin (b) If a collective bargaining agreement between the Minnesota Law Enforcement
Association and the state for the period July 1, 2019, to June 30, 2021, is approved by the
legislature or the Legislative Coordinating Commission as provided in Minnesota Statutes,
section 3.855, the percent used to determine the salary supplement payment provided under
paragraph (a) shall be reduced by the percent increase of any wage adjustment for the same
period provided in the collective bargaining agreement.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 14. new text begin APPROPRIATIONS; SALARY INCREASES.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Corrections. new text end

new text begin $142,000 in fiscal year 2021 is appropriated
from the general fund to the commissioner of corrections for salary increases. In each of
fiscal years 2022 and 2023, $209,000 is appropriated from the general fund to the
commissioner of corrections for this purpose. This amount is in addition to the base
appropriation for this purpose.
new text end

new text begin Subd. 2. new text end

new text begin Department of Public Safety. new text end

new text begin (a) $1,076,000 in fiscal year 2021 is appropriated
from the general fund to the commissioner of public safety for Bureau of Criminal
Apprehension salary increases. In each of fiscal years 2022 and 2023, $1,846,000 is
appropriated from the general fund to the commissioner of public safety for this purpose.
This amount is in addition to the base appropriation for this purpose.
new text end

new text begin (b) $99,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for Alcohol and Gambling Enforcement Division salary increases. In each
of fiscal years 2022 and 2023, $148,000 is appropriated from the general fund to the
commissioner of public safety for this purpose. This amount is in addition to the base
appropriation for this purpose.
new text end

new text begin (c) The fiscal year 2021 appropriations in this section are available until December 30,
2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 15. new text begin APPROPRIATIONS; SALARY SUPPLEMENTS FROM JULY 1, 2019,
TO OCTOBER 21, 2020.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Corrections. new text end

new text begin $41,000 in fiscal year 2021 is appropriated
from the general fund to the commissioner of corrections for salary supplements. This is a
onetime appropriation.
new text end

new text begin Subd. 2. new text end

new text begin Department of Public Safety. new text end

new text begin (a) $240,000 in fiscal year 2021 is appropriated
from the general fund to the commissioner of public safety for Bureau of Criminal
Apprehension salary supplements. This is a onetime appropriation.
new text end

new text begin (b) $24,000 in fiscal year 2021 is appropriated from the general fund to the commissioner
of public safety for Alcohol and Gambling Enforcement Division salary supplements. This
is a onetime appropriation.
new text end

new text begin (c) The fiscal year 2021 appropriations in this section are available until December 30,
2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 16. new text begin INTERPRETATION.
new text end

new text begin If an appropriation in this article is enacted more than once in the 2021 first special
legislative session, the appropriation must be given effect only once.
new text end

ARTICLE 9

POLICING AND CORRECTIONS

Section 1.

Minnesota Statutes 2020, section 13.41, subdivision 3, is amended to read:

Subd. 3.

Board of Peace Officer Standards and Training.

The following government
data of the Board of Peace Officer Standards and Training are private data:

deleted text begin (1) deleted text end new text begin personal telephone numbers, and new text end home new text begin and e-mail new text end addresses of licensees and
applicants for licenses deleted text begin ; and
deleted text end

deleted text begin (2) data that identify the government entity that employs a licensed peace officer deleted text end .

The board may disseminate private data on applicants and licensees as is necessary to
administer law enforcement licensure or to provide data under section 626.845, subdivision
1, to law enforcement agencies who are conducting employment background investigations.

Sec. 2.

Minnesota Statutes 2020, section 13.411, is amended by adding a subdivision to
read:

new text begin Subd. 11. new text end

new text begin Peace officer database. new text end

new text begin Section 626.8457, subdivision 3, governs data sharing
between law enforcement agencies and the Peace Officer Standards and Training Board for
purposes of administering the peace officer database required by section 626.845, subdivision
3.
new text end

Sec. 3.

Minnesota Statutes 2020, section 214.10, subdivision 11, is amended to read:

Subd. 11.

Board of Peace Officers Standards and Training; reasonable grounds
determination.

(a) After the investigation is complete, the executive director shall convene
new text begin at least new text end a deleted text begin three-member deleted text end new text begin four-member new text end committee of the board to determine if the complaint
constitutes reasonable grounds to believe that a violation within the board's enforcement
jurisdiction has occurred. new text begin In conformance with section 626.843, subdivision 1b, new text end at least deleted text begin two deleted text end new text begin
three new text end members of the committee must be new text begin voting new text end board members who are peace officers new text begin and
one member of the committee must be a voting board member appointed from the general
public new text end . No later than 30 days before the committee meets, the executive director shall give
the licensee who is the subject of the complaint and the complainant written notice of the
meeting. The executive director shall also give the licensee a copy of the complaint. Before
making its determination, the committee shall give the complaining party and the licensee
who is the subject of the complaint a reasonable opportunity to be heard.

(b) The committee shall, by majority vote, after considering the information supplied
by the investigating agency and any additional information supplied by the complainant or
the licensee who is the subject of the complaint, take one of the following actions:

(1) find that reasonable grounds exist to believe that a violation within the board's
enforcement jurisdiction has occurred and order that an administrative hearing be held;

(2) decide that no further action is warranted; or

(3) continue the matter.

The executive director shall promptly give notice of the committee's action to the
complainant and the licensee.

(c) If the committee determines that a complaint does not relate to matters within its
enforcement jurisdiction but does relate to matters within another state or local agency's
enforcement jurisdiction, it shall refer the complaint to the appropriate agency for disposition.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4.

Minnesota Statutes 2020, section 241.016, is amended to read:

241.016 ANNUAL PERFORMANCE REPORT REQUIRED.

Subdivision 1.

deleted text begin Biennial deleted text end new text begin Annual new text end report.

(a) The Department of Corrections shall submit
a performance report to the chairs and ranking minority members of the senate and house
of representatives committees and divisions having jurisdiction over criminal justice funding
by January 15 of each deleted text begin odd-numbered deleted text end year. The issuance and content of the report must
include the following:

(1) department strategic mission, goals, and objectives;

(2) the department-wide per diem, adult facility-specific per diems, and an average per
diem, reported in a standard calculated method as outlined in the departmental policies and
procedures;

(3) department annual statistics as outlined in the departmental policies and procedures;
deleted text begin and
deleted text end

(4) information about prison-based mental health programs, including, but not limited
to, the availability of these programs, participation rates, and completion rates deleted text begin . deleted text end new text begin ; and
new text end

new text begin (5) beginning in 2023, a written aggregate of the state correctional facilities security
audit group's recommendations based on each security audit and assessment of a state
correctional facility and the commissioner's responses to the recommendations.
new text end

(b) The department shall maintain recidivism rates for adult facilities on an annual basis.
In addition, each year the department shall, on an alternating basis, complete a recidivism
analysis of adult facilities, juvenile services, and the community services divisions and
include a three-year recidivism analysis in the report described in paragraph (a). The
recidivism analysis must: (1) assess education programs, vocational programs, treatment
programs, including mental health programs, industry, and employment; and (2) assess
statewide re-entry policies and funding, including postrelease treatment, education, training,
and supervision. In addition, when reporting recidivism for the department's adult and
juvenile facilities, the department shall report on the extent to which offenders it has assessed
as chemically dependent commit new offenses, with separate recidivism rates reported for
persons completing and not completing the department's treatment programs.

new text begin (c) The department shall maintain annual statistics related to the supervision of extended
jurisdiction juveniles and include those statistics in the report described in paragraph (a).
The statistics must include:
new text end

new text begin (1) the total number and population demographics of individuals under supervision in
adult facilities, juvenile facilities, and the community who were convicted as an extended
jurisdiction juvenile;
new text end

new text begin (2) the number of individuals convicted as an extended jurisdiction juvenile who
successfully completed probation in the previous year;
new text end

new text begin (3) the number of individuals identified in clause (2) for whom the court terminated
jurisdiction before the person became 21 years of age pursuant to section 260B.193,
subdivision 5;
new text end

new text begin (4) the number of individuals convicted as an extended jurisdiction juvenile whose
sentences were executed; and
new text end

new text begin (5) the average length of time individuals convicted as an extended jurisdiction juvenile
spend on probation.
new text end

Sec. 5.

Minnesota Statutes 2020, section 241.021, subdivision 1, is amended to read:

Subdivision 1.

Correctional facilities; inspection; licensing.

(a) Except as provided
in paragraph (b), the commissioner of corrections shall inspect and license all correctional
facilities throughout the state, whether public or private, established and operated for the
detention and confinement of persons deleted text begin detained or deleted text end confined new text begin or incarcerated new text end therein according
to law except to the extent that they are inspected or licensed by other state regulating
agencies. The commissioner shall promulgate pursuant to chapter 14, rules establishing
minimum standards for these facilities with respect to their management, operation, physical
condition, and the security, safety, health, treatment, and discipline of persons deleted text begin detained or deleted text end
confined new text begin or incarcerated new text end therein. deleted text begin Commencing September 1, 1980, deleted text end new text begin These minimum standards
shall include but are not limited to specific guidance pertaining to:
new text end

new text begin (1) screening, appraisal, assessment, and treatment for persons confined or incarcerated
in correctional facilities with mental illness or substance use disorders;
new text end

new text begin (2) a policy on the involuntary administration of medications;
new text end

new text begin (3) suicide prevention plans and training;
new text end

new text begin (4) verification of medications in a timely manner;
new text end

new text begin (5) well-being checks;
new text end

new text begin (6) discharge planning, including providing prescribed medications to persons confined
or incarcerated in correctional facilities upon release;
new text end

new text begin (7) a policy on referrals or transfers to medical or mental health care in a noncorrectional
institution;
new text end

new text begin (8) use of segregation and mental health checks;
new text end

new text begin (9) critical incident debriefings;
new text end

new text begin (10) clinical management of substance use disorders;
new text end

new text begin (11) a policy regarding identification of persons with special needs confined or
incarcerated in correctional facilities;
new text end

new text begin (12) a policy regarding the use of telehealth;
new text end

new text begin (13) self-auditing of compliance with minimum standards;
new text end

new text begin (14) information sharing with medical personnel and when medical assessment must be
facilitated;
new text end

new text begin (15) a code of conduct policy for facility staff and annual training;
new text end

new text begin (16) a policy on death review of all circumstances surrounding the death of an individual
committed to the custody of the facility; and
new text end

new text begin (17) dissemination of a rights statement made available to persons confined or
incarcerated in licensed correctional facilities.
new text end

No individual, corporation, partnership, voluntary association, or other private
organization legally responsible for the operation of a correctional facility may operate the
facility unless deleted text begin licensed by deleted text end new text begin it possesses a current license from new text end the commissioner of corrections.
Private adult correctional facilities shall have the authority of section 624.714, subdivision
13, if the Department of Corrections licenses the facility with deleted text begin such deleted text end new text begin the new text end authority and the
facility meets requirements of section 243.52.

The commissioner shall review the correctional facilities described in this subdivision
at least once every deleted text begin biennium deleted text end new text begin two years new text end , except as otherwise provided deleted text begin herein deleted text end , to determine
compliance with the minimum standards established deleted text begin pursuant deleted text end new text begin according new text end to this subdivision new text begin
or other Minnesota statute related to minimum standards and conditions of confinement new text end .

The commissioner shall grant a license to any facility found to conform to minimum
standards or to any facility which, in the commissioner's judgment, is making satisfactory
progress toward substantial conformity and the new text begin standards not being met do not impact the new text end
interests and well-being of the persons deleted text begin detained or deleted text end confined deleted text begin therein deleted text end new text begin or incarcerated in the
facility new text end deleted text begin are protected deleted text end . new text begin A limited license under subdivision 1a may be issued for purposes of
effectuating a facility closure. new text end The commissioner may grant licensure up to two years. new text begin Unless
otherwise specified by statute, all licenses issued under this chapter expire at 12:01 a.m. on
the day after the expiration date stated on the license.
new text end

The commissioner shall have access to the buildings, grounds, books, records, staff, and
to persons deleted text begin detained or deleted text end confined new text begin or incarcerated new text end in these facilities. The commissioner may
require the officers in charge of these facilities to furnish all information and statistics the
commissioner deems necessary, at a time and place designated by the commissioner.

new text begin All facility administrators of correctional facilities are required to report all deaths of
individuals who died while committed to the custody of the facility, regardless of whether
the death occurred at the facility or after removal from the facility for medical care stemming
from an incident or need for medical care at the correctional facility, as soon as practicable,
but no later than 24 hours of receiving knowledge of the death, including any demographic
information as required by the commissioner.
new text end

new text begin All facility administrators of correctional facilities are required to report all other
emergency or unusual occurrences as defined by rule, including uses of force by facility
staff that result in substantial bodily harm or suicide attempts, to the commissioner of
corrections within ten days from the occurrence, including any demographic information
as required by the commissioner. The commissioner of corrections shall consult with the
Minnesota Sheriffs' Association and a representative from the Minnesota Association of
Community Corrections Act Counties who is responsible for the operations of an adult
correctional facility to define "use of force" that results in substantial bodily harm for
reporting purposes.
new text end

The commissioner may require that any or all such information be provided through the
Department of Corrections detention information system. new text begin The commissioner shall post each
inspection report publicly and on the department's website within 30 days of completing
the inspection. new text end The education program offered in a correctional facility for the deleted text begin detention or deleted text end
confinement new text begin or incarceration new text end of juvenile offenders must be approved by the commissioner
of education before the commissioner of corrections may grant a license to the facility.

(b) For juvenile facilities licensed by the commissioner of human services, the
commissioner may inspect and certify programs based on certification standards set forth
in Minnesota Rules. For the purpose of this paragraph, "certification" has the meaning given
it in section 245A.02.

(c) Any state agency which regulates, inspects, or licenses certain aspects of correctional
facilities shall, insofar as is possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies which regulate, inspect, or
license the same aspects of similar types of correctional facilities, although at different
correctional facilities.

(d) Nothing in this section shall be construed to limit the commissioner of corrections'
authority to promulgate rules establishing standards of eligibility for counties to receive
funds under sections 401.01 to 401.16, or to require counties to comply with operating
standards the commissioner establishes as a condition precedent for counties to receive that
funding.

new text begin (e) The department's inspection unit must report directly to a division head outside of
the correctional institutions division.
new text end

deleted text begin (e) When the commissioner finds that any facility described in paragraph (a), except
foster care facilities for delinquent children and youth as provided in subdivision 2, does
not substantially conform to the minimum standards established by the commissioner and
is not making satisfactory progress toward substantial conformance, the commissioner shall
promptly notify the chief executive officer and the governing board of the facility of the
deficiencies and order that they be remedied within a reasonable period of time. The
commissioner may by written order restrict the use of any facility which does not substantially
conform to minimum standards to prohibit the detention of any person therein for more than
72 hours at one time. When, after due notice and hearing, the commissioner finds that any
facility described in this subdivision, except county jails and lockups as provided in sections
641.26, 642.10, and 642.11, does not conform to minimum standards, or is not making
deleted text end deleted text begin satisfactory progress toward substantial compliance therewith, the commissioner may issue
an order revoking the license of that facility. After revocation of its license, that facility
shall not be used until its license is renewed. When the commissioner is satisfied that
satisfactory progress towards substantial compliance with minimum standard is being made,
the commissioner may, at the request of the appropriate officials of the affected facility
supported by a written schedule for compliance, grant an extension of time for a period not
to exceed one year.
deleted text end

deleted text begin (f) As used in this subdivision, "correctional facility" means any facility, including a
group home, having a residential component, the primary purpose of which is to serve
persons placed therein by a court, court services department, parole authority, or other
correctional agency having dispositional power over persons charged with, convicted, or
adjudicated to be guilty or delinquent.
deleted text end

Sec. 6.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1a. new text end

new text begin Correction order; conditional license. new text end

new text begin (a) When the commissioner finds that
any facility described in subdivision 1, except foster care facilities for delinquent children
and youth as provided in subdivision 2, does not substantially conform to the minimum
standards established by the commissioner and is not making satisfactory progress toward
substantial conformance and the nonconformance does not present an imminent risk of
life-threatening harm or serious physical injury to the persons confined or incarcerated in
the facility, the commissioner shall promptly notify the facility administrator and the
governing board of the facility of the deficiencies and must issue a correction order or a
conditional license order that the deficiencies be remedied within a reasonable and specified
period of time.
new text end

new text begin The conditional license order may restrict the use of any facility which does not
substantially conform to minimum standards, including imposition of conditions limiting
operation of the facility or parts of the facility, reducing facility capacity, limiting intake,
limiting length of detention for individuals, or imposing detention limitations based on the
needs of the individuals being confined or incarcerated therein.
new text end

new text begin The correction order or conditional license order must clearly state the following:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or law;
new text end

new text begin (2) the findings that constitute a violation of minimum standards;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) time allowed to correct each violation; and
new text end

new text begin (5) if a license is made conditional, the length and terms of the conditional license, any
conditions limiting operation of the facility, and the reasons for making the license
conditional.
new text end

new text begin (b) The facility administrator may request review of the findings noted in the conditional
license order on the grounds that satisfactory progress toward substantial compliance with
minimum standards has been made, supported by evidence of correction, and, if appropriate,
may include a written schedule for compliance. The commissioner shall review the evidence
of correction and the progress made toward substantial compliance with minimum standards
within a reasonable period of time, not to exceed ten business days. When the commissioner
has assurance that satisfactory progress toward substantial compliance with minimum
standards is being made, the commissioner shall lift any conditions limiting operation of
the facility or parts of the facility or remove the conditional license order.
new text end

new text begin (c) Nothing in this section prohibits the commissioner from ordering a revocation under
subdivision 1b prior to issuing a correction order or conditional license order.
new text end

Sec. 7.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1b. new text end

new text begin License revocation order. new text end

new text begin (a) When, after due notice to the facility
administrator of the commissioner's intent to issue a revocation order, the commissioner
finds that any facility described in this subdivision, except county jails and lockups subject
to active condemnation proceedings or orders as provided in sections 641.26, 642.10, and
642.11, does not conform to minimum standards, or is not making satisfactory progress
toward substantial compliance with minimum standards, and the nonconformance does not
present an imminent risk of life-threatening harm or serious physical injury to the persons
confined or incarcerated in the facility, the commissioner may issue an order revoking the
license of that facility.
new text end

new text begin The notice of intent to issue a revocation order shall include:
new text end

new text begin (1) the citation to minimum standards that have been violated;
new text end

new text begin (2) the nature and severity of each violation;
new text end

new text begin (3) whether the violation is recurring or nonrecurring;
new text end

new text begin (4) the effect of the violation on persons confined or incarcerated in the correctional
facility;
new text end

new text begin (5) an evaluation of the risk of harm to persons confined or incarcerated in the correctional
facility;
new text end

new text begin (6) relevant facts, conditions, and circumstances concerning the operation of the licensed
facility, including at a minimum:
new text end

new text begin (i) specific facility deficiencies that endanger the health or safety of persons confined
or incarcerated in the correctional facility;
new text end

new text begin (ii) substantiated complaints relating to the correctional facility; or
new text end

new text begin (iii) any other evidence that the correctional facility is not in compliance with minimum
standards.
new text end

new text begin (b) The facility administrator must submit a written response within 30 days of receipt
of the notice of intent to issue a revocation order with any information related to errors in
the notice, ability to conform to minimum standards within a set period of time including
but not limited to a written schedule for compliance, and any other information the facility
administrator deems relevant for consideration by the commissioner. The written response
must also include a written plan indicating how the correctional facility will ensure the
transfer of confined or incarcerated individuals and records if the correctional facility closes.
Plans must specify arrangements the correctional facility will make to transfer confined or
incarcerated individuals to another licensed correctional facility for continuation of detention.
new text end

new text begin (c) When revoking a license, the commissioner shall consider the nature, chronicity, or
severity of the violation of law or rule and the effect of the violation on the health, safety,
or rights of persons confined or incarcerated in the correctional facility.
new text end

new text begin (d) If the facility administrator does not respond within 30 days to the notice of intent
to issue a revocation order or if the commissioner does not have assurance that satisfactory
progress toward substantial compliance with minimum standards will be made, the
commissioner shall issue a revocation order. The revocation order must be sent to the facility
administrator and the governing board of the facility, clearly stating:
new text end

new text begin (1) the specific minimum standards violated, noting the implicated rule or law;
new text end

new text begin (2) the findings that constitute a violation of minimum standards and the nature,
chronicity, or severity of those violations;
new text end

new text begin (3) the corrective action needed;
new text end

new text begin (4) any prior correction or conditional license orders issued to correct violations; and
new text end

new text begin (5) the date at which the license revocation shall take place.
new text end

new text begin A revocation order may authorize use until a certain date, not to exceed the duration of the
current license, unless a limited license is issued by the commissioner for purposes of
effectuating a facility closure and continued operation does not present an imminent risk
of life-threatening harm or is not likely to result in serious physical injury to the persons
confined or incarcerated in the facility.
new text end

new text begin (e) After revocation of the facility's licensure, that facility shall not be used until the
license is renewed. When the commissioner is satisfied that satisfactory progress toward
substantial compliance with minimum standards is being made, the commissioner may, at
the request of the facility administrator supported by a written schedule for compliance,
reinstate the license.
new text end

Sec. 8.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1c. new text end

new text begin Temporary license suspension. new text end

new text begin The commissioner shall act immediately to
temporarily suspend a license issued under this chapter if:
new text end

new text begin (1) the correctional facility's failure to comply with applicable minimum standards or
the conditions in the correctional facility pose an imminent risk of life-threatening harm or
serious physical injury to persons confined or incarcerated in the facility, staff, law
enforcement, visitors, or the public; and
new text end

new text begin (i) if the imminent risk of life-threatening harm or serious physical injury cannot be
promptly corrected through a different type of order under this section; and
new text end

new text begin (ii) the correctional facility cannot or has not corrected the violation giving rise to the
imminent risk of life-threatening harm or serious physical injury; or
new text end

new text begin (2) while the correctional facility continues to operate pending due notice and opportunity
for written response to the commissioner's notice of intent to issue an order of revocation,
the commissioner identifies one or more subsequent violations of minimum standards which
may adversely affect the health or safety of persons confined or incarcerated in the facility,
staff, law enforcement, visitors, or the public.
new text end

new text begin A notice stating the reasons for the immediate suspension informing the facility
administrator must be delivered by personal service to the correctional facility administrator
and the governing board of the facility.
new text end

Sec. 9.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision to
read:

new text begin Subd. 1d. new text end

new text begin Public notice of restriction, revocation, or suspension. new text end

new text begin If the license of a
facility under this section is revoked or suspended, or use of the facility is restricted for any
reason under a conditional license order, the commissioner shall post the facility, the status
of the facility's license, and the reason for the restriction, revocation, or suspension publicly
and on the department's website.
new text end

Sec. 10.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 1e. new text end

new text begin Reconsideration of orders; appeals. new text end

new text begin (a) If the facility administrator believes
the correction order, conditional license order, or revocation order is in error, the facility
administrator may ask the Department of Corrections to reconsider the parts of the order or
action that are alleged to be in error. The request for reconsideration must:
new text end

new text begin (1) be made in writing;
new text end

new text begin (2) be postmarked and sent to the commissioner no later than 30 calendar days after
receipt of the correction order, conditional license order, or revocation order;
new text end

new text begin (3) specify the parts of the order that are alleged to be in error;
new text end

new text begin (4) explain why the correction order, conditional license order, or revocation order is in
error; and
new text end

new text begin (5) include documentation to support the allegation of error.
new text end

new text begin The commissioner shall issue a disposition within 60 days of receipt of the facility
administrator's response to correction, conditional license, or revocation order violations.
A request for reconsideration does not stay any provisions or requirements of the order.
new text end

new text begin (b) The facility administrator may request reconsideration of an order immediately
suspending a license. The request for reconsideration of an order immediately suspending
a license must be made in writing and sent by certified mail, personal service, or other means
expressly stated in the commissioner's order. If mailed, the request for reconsideration must
be postmarked and sent to the commissioner no later than five business days after the facility
administrator receives notice that the license has been immediately suspended. If a request
is made by personal service, it must be received by the commissioner no later than five
business days after the facility administrator received the order. The request for
reconsideration must:
new text end

new text begin (1) specify the parts of the order that are alleged to be in error;
new text end

new text begin (2) explain why they are in error; and
new text end

new text begin (3) include documentation to support the allegation of error.
new text end

new text begin A facility administrator and the governing board of the facility shall discontinue operation
of the correctional facility upon receipt of the commissioner's order to immediately suspend
the license.
new text end

new text begin (c) Within five business days of receipt of the facility administrator's timely request for
reconsideration of a temporary immediate suspension, the commissioner shall review the
request for reconsideration. The scope of the review shall be limited solely to the issue of
whether the temporary immediate suspension order should remain in effect pending the
written response to commissioner's notice of intent to issue a revocation order.
new text end

new text begin The commissioner's disposition of a request for reconsideration of correction, conditional
license, temporary immediate suspension, or revocation order is final and subject to appeal.
The facility administrator must request reconsideration as required by this section of any
correction, conditional license, temporary immediate suspension, or revocation order prior
to appeal.
new text end

new text begin No later than 60 days after the postmark date of the mailed notice of the commissioner's
decision on a request for reconsideration, the facility administrator may appeal the decision
by filing for a writ of certiorari with the court of appeals under section 606.01 and Minnesota
Rules of Civil Appellate Procedure, Rule 115.
new text end

Sec. 11.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 1f. new text end

new text begin Report. new text end

new text begin By February 15, 2022, and by February 15 each year thereafter, the
commissioner of corrections shall report to the chairs and ranking minority members of the
house of representatives and senate committees and divisions with jurisdiction over public
safety and judiciary on the status of the implementation of the provisions in this section
over the prior year, particularly the health and safety of individuals confined or incarcerated
in a state correctional facility and a facility licensed by the commissioner. This report shall
include but not be limited to data regarding:
new text end

new text begin (1) the number of confined or incarcerated persons who died while committed to the
custody of the facility, regardless of whether the death occurred at the facility or after
removal from the facility for medical care stemming from an incident or need for medical
care at the correctional facility, including aggregated demographic information and the
correctional facilities' most recent inspection reports and any corrective orders or conditional
licenses issued;
new text end

new text begin (2) the aggregated results of the death reviews by facility as required by subdivision 8,
including any implemented policy changes;
new text end

new text begin (3) the number of uses of force by facility staff on persons confined or incarcerated in
the correctional facility, including but not limited to whether those uses of force were
determined to be justified by the facility, for which the commissioner of corrections shall
consult with the Minnesota Sheriffs' Association and a representative from the Minnesota
Association of Community Corrections Act Counties who is responsible for the operations
of an adult correctional facility to develop criteria for reporting and define reportable uses
of force;
new text end

new text begin (4) the number of suicide attempts, number of people transported to a medical facility,
and number of people placed in segregation;
new text end

new text begin (5) the number of persons committed to the commissioner of corrections' custody that
the commissioner is housing in facilities licensed under subdivision 1, including but not
limited to:
new text end

new text begin (i) aggregated demographic data of those individuals;
new text end

new text begin (ii) length of time spent housed in a licensed correctional facility; and
new text end

new text begin (iii) any contracts the Department of Corrections has with correctional facilities to provide
housing; and
new text end

new text begin (6) summary data from state correctional facilities regarding complaints involving alleged
on-duty staff misconduct, including but not limited to the:
new text end

new text begin (i) total number of misconduct complaints and investigations;
new text end

new text begin (ii) total number of complaints by each category of misconduct, as defined by the
commissioner of corrections;
new text end

new text begin (iii) number of allegations dismissed as unfounded;
new text end

new text begin (iv) number of allegations dismissed on grounds that the allegation was unsubstantiated;
and
new text end

new text begin (v) number of allegations substantiated, any resulting disciplinary action, and the nature
of the discipline.
new text end

Sec. 12.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 1g. new text end

new text begin Biennial assessment and audit of security practices; state correctional
facilities. new text end

new text begin (a) Beginning in 2022, the commissioner shall have the department's inspection
unit conduct biennial security audits of each state correctional facility using the standards
promulgated by the state correctional facilities security audit group. The unit must prepare
a report for each assessment and audit and submit the report to the state correctional facilities
security audit group within 30 days of completion of the audit.
new text end

new text begin (b) Corrections and detention confidential data, as defined in section 13.85, subdivision
3, and nonpublic security information, as defined in section 13.37, subdivision 1, that is
contained in reports and records of the group maintain that classification, regardless of the
data's classification in the hands of the person who provided the data, and are not subject
to discovery or introduction into evidence in a civil or criminal action against the state
arising out of the matters the group is reviewing. Information, documents, and records
otherwise available from other sources are not immune from discovery or use in a civil or
criminal action solely because they were acquired during the group's audit. This section
does not limit a person who presented information to the group or who is a member of the
group from testifying about matters within the person's knowledge. However, in a civil or
criminal proceeding, a person may not be questioned about the person's good faith
presentation of information to the group or opinions formed by the person as a result of the
group's audits.
new text end

Sec. 13.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 1h. new text end

new text begin State correctional facilities security audit group. new text end

new text begin (a) Beginning in fiscal
year 2022, the commissioner shall form a state correctional facilities security audit group.
The group must consist of the following members:
new text end

new text begin (1) a department employee who is not assigned to the correctional institutions division,
appointed by the commissioner;
new text end

new text begin (2) the ombudsperson for corrections;
new text end

new text begin (3) an elected sheriff or designee nominated by the Minnesota Sheriffs Association and
appointed by the commissioner;
new text end

new text begin (4) a physical plant safety consultant, appointed by the governor;
new text end

new text begin (5) a private security consultant with expertise in correctional facility security, appointed
by the governor;
new text end

new text begin (6) two senators, one appointed by the senate majority leader and one appointed by the
minority leader; and
new text end

new text begin (7) two representatives, one appointed by the speaker of the house and one appointed
by the minority leader of the house of representatives.
new text end

new text begin (b) By January 1, 2022, the group shall establish security audit standards for state
correctional facilities. In developing the standards, the group, or individual members of the
group, may gather information from state correctional facilities and state correctional staff
and inmates. The security audit group must periodically review the standards and modify
them as needed. The group must report the standards to the chairs and ranking minority
members of the house of representatives and senate committees with jurisdiction over public
safety policy and finance by February 15, 2022.
new text end

new text begin (c) The group shall review facility audit reports submitted to the group by the agency's
inspection unit. Notwithstanding any law to the contrary, the group is entitled to review the
full audit reports including nonpublic security information and corrections and detention
confidential data. Within 60 days of receiving an audit report from the department's inspection
unit, the group must make recommendations to the commissioner. Within 45 days of
receiving the group's recommendations, the commissioner must reply in writing to the
group's findings and recommendations. The commissioner's response must explain whether
the agency will implement the group's recommendations, the timeline for implementation
of the changes, and, if not, why the commissioner will not or cannot implement the group's
recommendations.
new text end

new text begin (d) Beginning in 2023, the commissioner must include a written aggregate of the group's
recommendations based on each security audit and assessment of a state correctional facility
and the commissioner's responses to the recommendations in the biennial report required
under section 241.016, subdivision 1. The commissioner shall not include corrections and
detention confidential data, as defined in section 13.85, subdivision 3, and nonpublic security
information, as defined in section 13.37, subdivision 1, in the commissioner's report to the
legislature.
new text end

new text begin (e) The commissioner shall provide staffing and administrative support to the group.
new text end

Sec. 14.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 1i. new text end

new text begin Definition. new text end

new text begin As used in this section, "correctional facility" means any facility,
including a group home, having a residential component, the primary purpose of which is
to serve persons placed in facilities by a court, court services department, parole authority,
or other correctional agency having dispositional power over persons charged with, convicted,
or adjudicated guilty or delinquent.
new text end

Sec. 15.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 7. new text end

new text begin Intake release of information. new text end

new text begin All correctional facilities that confine or
incarcerate adults are required at intake to provide each person an authorization form to
release information related to that person's health or mental health condition and when that
information should be shared. This release form shall allow the individual to select if the
individual wants to require the correctional facility to make attempts to contact the designated
person to facilitate the sharing of health condition information upon incapacitation or if the
individual becomes unable to communicate or direct the sharing of this information, so long
as contact information was provided and the incapacitated individual or individual who is
unable to communicate or direct the sharing of this information is not subject to a court
order prohibiting contact with the designated person.
new text end

Sec. 16.

Minnesota Statutes 2020, section 241.021, is amended by adding a subdivision
to read:

new text begin Subd. 8. new text end

new text begin Death review teams. new text end

new text begin In the event a correctional facility receives information
of the death of an individual while committed to the custody of the facility, regardless of
whether the death occurred at the facility or after removal from the facility for medical care
stemming from an incident or need for medical care at the correctional facility, the
administrator of the facility, minimally including a medical expert of the facility's choosing
who did not provide medical services to the individual, and, if appropriate, a mental health
expert, shall review the circumstances of the death and assess for preventable mortality and
morbidity, including recommendations for policy or procedure change, within 90 days of
death. The investigating law enforcement agency may provide documentation, participate
in, or provide documentation and participate in the review in instances where criminal
charges were not brought. A preliminary autopsy report must be provided as part of the
review and any subsequent autopsy findings as available. The facility administrator shall
provide notice to the commissioner of corrections via the Department of Corrections detention
information system that the correctional facility has conducted a review and identify any
recommendations for changes in policy, procedure, or training that will be implemented.
Any report or other documentation created for purposes of a facility death review is
confidential as defined in section 13.02, subdivision 3. Nothing in this section relieves the
facility administrator from complying with the notice of death to the commissioner as
required by subdivision 1, paragraph (a).
new text end

Sec. 17.

Minnesota Statutes 2020, section 243.48, subdivision 1, is amended to read:

Subdivision 1.

General searches.

The commissioner of corrections, new text begin the state correctional
facilities audit group, new text end the governor, lieutenant governor, members of the legislature, state
officers, and the ombudsperson for corrections may visit the inmates at pleasure, but no
other persons without permission of the chief executive officer of the facility, under rules
prescribed by the commissioner. A moderate fee may be required of visitors, other than
those allowed to visit at pleasure. All fees so collected shall be reported and remitted to the
commissioner of management and budget under rules as the commissioner may deem proper,
and when so remitted shall be placed to the credit of the general fund.

Sec. 18.

Minnesota Statutes 2020, section 243.52, is amended to read:

243.52 DISCIPLINE; PREVENTION OF ESCAPE new text begin ; DUTY TO REPORT new text end .

new text begin Subdivision 1. new text end

new text begin Discipline and prevention of escape new text end

If any deleted text begin inmate of deleted text end new text begin person confined
or incarcerated in new text end any adult correctional facility either under the control of the commissioner
of corrections or licensed by the commissioner of corrections under section 241.021 assaults
any correctional officer or any other person deleted text begin or inmate deleted text end , the assaulted person may use force
in defense of the assault new text begin , except as limited in this section new text end . If any deleted text begin inmate deleted text end new text begin confined or
incarcerated person new text end attempts to damage the buildings or appurtenances, resists the lawful
authority of any correctional officer, refuses to obey the correctional officer's reasonable
demands, or attempts to escape, the correctional officer may enforce obedience and discipline
or prevent escape by the use of force. If any deleted text begin inmate deleted text end new text begin confined or incarcerated person new text end resisting
lawful authority is wounded or killed by the use of force by the correctional officer or
assistants, that conduct is authorized under this section.

new text begin Subd. 2. new text end

new text begin Use of force. new text end

new text begin (a) Use of force must not be applied maliciously or sadistically
for the purpose of causing harm to a confined or incarcerated person.
new text end

new text begin (b) Unless the use of deadly force is justified in this section, a correctional officer working
in an adult correctional facility either under the control of the commissioner of corrections
or licensed by the commissioner under section 241.021 may not use any of the following
restraints:
new text end

new text begin (1) a choke hold;
new text end

new text begin (2) a prone restraint;
new text end

new text begin (3) tying all of a person's limbs together behind the person's back to render the person
immobile; or
new text end

new text begin (4) securing a person in any way that results in transporting the person face down in a
vehicle, except as directed by a medical professional.
new text end

new text begin (c) For the purposes of this subdivision, the following terms have the meanings given
them:
new text end

new text begin (1) "choke hold" means a method by which a person applies sufficient pressure to a
person to make breathing difficult or impossible, and includes but is not limited to any
pressure to the neck, throat, or windpipe that may prevent or hinder breathing or reduce
intake of air. Choke hold also means applying pressure to a person's neck on either side of
the windpipe, but not to the windpipe itself, to stop the flow of blood to the brain via the
carotid arteries;
new text end

new text begin (2) "prone restraint" means the use of manual restraint that places a person in a face-down
position; and
new text end

deleted text begin As used in this section, "use of force" means conduct which is defined by sections 609.06
to 609.066. deleted text end new text begin (3) "deadly force" has the meaning given in section 609.066, subdivision 1.
new text end

new text begin (d) Use of deadly force is justified only if an objectively reasonable correctional officer
would believe, based on the totality of the circumstances known to the officer at the time
and without the benefit of hindsight, that deadly force is necessary:
new text end

new text begin (1) to protect the correctional officer or another from death or great bodily harm, provided
that the threat:
new text end

new text begin (i) can be articulated with specificity by the correctional officer;
new text end

new text begin (ii) is reasonably likely to occur absent action by the correctional officer; and
new text end

new text begin (iii) must be addressed through the use of deadly force without unreasonable delay; or
new text end

new text begin (2) to effect the capture or prevent the escape of a person when the officer reasonably
believes that the person will cause death or great bodily harm to another person under the
threat criteria in clause (1), unless immediately apprehended.
new text end

new text begin Subd. 3. new text end

new text begin Duty to report. new text end

new text begin (a) Regardless of tenure or rank, staff working in an adult
correctional facility either under the control of the commissioner of corrections or licensed
by the commissioner under section 241.021 who observe another employee engage in neglect
or use force that exceeds the degree of force permitted by law must report the incident in
writing as soon as practicable, but no later than 24 hours to the administrator of the
correctional facility that employs the reporting staff member.
new text end

new text begin (b) A staff member who fails to report neglect or excessive use of force within 24 hours
is subject to disciplinary action or sanction by the correctional facility that employs them.
Staff members shall suffer no reprisal for reporting another staff member engaged in
excessive use of force or neglect.
new text end

new text begin (c) For the purposes of this subdivision, "neglect" means:
new text end

new text begin (1) the knowing failure or omission to supply a person confined or incarcerated in the
facility with care or services, including but not limited to food, clothing, health care, or
supervision that is reasonable and necessary to obtain or maintain the person's physical or
mental health or safety; or
new text end

new text begin (2) the absence or likelihood of absence of care or services, including but not limited to
food, clothing, health care, or supervision necessary to maintain the physical and mental
health of the person that a reasonable person would deem essential for health, safety, or
comfort.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 19.

Minnesota Statutes 2020, section 244.19, subdivision 3, is amended to read:

Subd. 3.

Powers and duties.

All county probation officers serving a district court shall
act under the orders of the court in reference to any person committed to their care by the
court, and in the performance of their duties shall have the general powers of a peace officer;
and it shall be their duty to make such investigations with regard to any person as may be
required by the court before, during, or after the trial or hearing, and to furnish to the court
such information and assistance as may be required; to take charge of any person before,
during or after trial or hearing when so directed by the court, and to keep such records and
to make such reports to the court as the court may order.

All county probation officers serving a district court shall, in addition, provide probation
and parole services to wards of the commissioner of corrections resident in the counties
they serve, and shall act under the orders of said commissioner of corrections in reference
to any ward committed to their care by the commissioner of corrections.

All probation officers serving a district court shall, under the direction of the authority
having power to appoint them, initiate programs for the welfare of persons coming within
the jurisdiction of the court to prevent delinquency and crime and to rehabilitate within the
community persons who come within the jurisdiction of the court and are properly subject
to efforts to accomplish prevention and rehabilitation. They shall, under the direction of the
court, cooperate with all law enforcement agencies, schools, child welfare agencies of a
public or private character, and other groups concerned with the prevention of crime and
delinquency and the rehabilitation of persons convicted of crime and delinquency.

All probation officers serving a district court shall make monthly and annual reports to
the commissioner of corrections, on forms furnished by the commissioner, containing such
information on number of cases cited to the juvenile division of district court, offenses,
adjudications, dispositions, and related matters as may be required by the commissioner of
corrections. new text begin The reports shall include the information on individuals convicted as an extended
jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c).
new text end

Sec. 20.

new text begin [260B.008] USE OF RESTRAINTS.
new text end

new text begin (a) As used in this section, "restraints" means a mechanical or other device that constrains
the movement of a person's body or limbs.
new text end

new text begin (b) Restraints may not be used on a child appearing in court in a proceeding under this
chapter unless the court finds that:
new text end

new text begin (1) the use of restraints is necessary:
new text end

new text begin (i) to prevent physical harm to the child or another; or
new text end

new text begin (ii) to prevent the child from fleeing in situations in which the child presents a substantial
risk of flight from the courtroom; and
new text end

new text begin (2) there are no less restrictive alternatives to restraints that will prevent flight or physical
harm to the child or another, including but not limited to the presence of court personnel,
law enforcement officers, or bailiffs.
new text end

new text begin The finding in clause (1), item (i), may be based, among other things, on the child having
a history of disruptive courtroom behavior or behavior while in custody for any current or
prior offense that has placed others in potentially harmful situations, or presenting a
substantial risk of inflicting physical harm on the child or others as evidenced by past
behavior. The court may take into account the physical structure of the courthouse in
assessing the applicability of the above factors to the individual child.
new text end

new text begin (c) The court shall be provided the child's behavior history and shall provide the child
an opportunity to be heard in person or through counsel before ordering the use of restraints.
If restraints are ordered, the court shall make findings of fact in support of the order.
new text end

new text begin (d) By April 1, 2022, each judicial district shall develop a protocol to address how to
implement and comply with this section. In developing the protocol, a district shall consult
with law enforcement agencies, prosecutors, public defenders within the district, and any
other entity deemed necessary by the district's chief judge.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin Paragraphs (a), (b), and (c) are effective April 15, 2022. Paragraph
(d) is effective the day following final enactment.
new text end

Sec. 21.

new text begin [260B.1755] ALTERNATIVE TO ARREST OF CERTAIN JUVENILE
OFFENDERS AUTHORIZED.
new text end

new text begin (a) A peace officer who has probable cause to believe that a child is a petty offender or
delinquent child may refer the child to a program, including restorative programs, that the
law enforcement agency with jurisdiction over the child deems appropriate.
new text end

new text begin (b) If a peace officer or law enforcement agency refers a child to a program under
paragraph (a), the peace officer or law enforcement agency may defer issuing a citation or
a notice to the child to appear in juvenile court, transmitting a report to the prosecuting
authority, or otherwise initiating a proceeding in juvenile court.
new text end

new text begin (c) After receiving notice that a child who was referred to a program under paragraph
(a) successfully completed that program, a peace officer or law enforcement agency shall
not issue a citation or a notice to the child to appear in juvenile court, transmit a report to
the prosecuting authority, or otherwise initiate a proceeding in juvenile court for the conduct
that formed the basis of the referral.
new text end

new text begin (d) This section does not apply to peace officers acting pursuant to an order or warrant
described in section 260B.175, subdivision 1, paragraph (a), or other court order to take a
child into custody.
new text end

Sec. 22.

Minnesota Statutes 2020, section 401.06, is amended to read:

401.06 COMPREHENSIVE PLAN; STANDARDS OF ELIGIBILITY;
COMPLIANCE.

No county or group of counties electing to provide correctional services pursuant to
sections 401.01 to 401.16 shall be eligible for the subsidy herein provided unless and until
its comprehensive plan shall have been approved by the commissioner. The commissioner
shall, pursuant to the Administrative Procedure Act, promulgate rules establishing standards
of eligibility for counties to receive funds under sections 401.01 to 401.16. To remain eligible
for subsidy counties shall maintain substantial compliance with the minimum standards
established pursuant to sections 401.01 to 401.16 and the policies and procedures governing
the services described in section 401.025 as prescribed by the commissioner. Counties shall
also be in substantial compliance with other correctional operating standards permitted by
law and established by the commissioner new text begin and shall report statistics required by the
commissioner including but not limited to information on individuals convicted as an
extended jurisdiction juvenile identified in section 241.016, subdivision 1, paragraph (c) new text end .
The commissioner shall review annually the comprehensive plans submitted by participating
counties, including the facilities and programs operated under the plans. The commissioner
is hereby authorized to enter upon any facility operated under the plan, and inspect books
and records, for purposes of recommending needed changes or improvements.

When the commissioner shall determine that there are reasonable grounds to believe
that a county or group of counties is not in substantial compliance with minimum standards,
at least 30 days' notice shall be given the county or counties and a hearing conducted by
the commissioner to ascertain whether there is substantial compliance or satisfactory progress
being made toward compliance. The commissioner may suspend all or a portion of any
subsidy until the required standard of operation has been met.

Sec. 23.

Minnesota Statutes 2020, section 626.14, is amended to read:

626.14 TIME new text begin AND MANNER new text end OF SERVICE new text begin ; NO-KNOCK SEARCH WARRANTS new text end .

new text begin Subdivision 1. new text end

new text begin Time. new text end

A search warrant may be served only between the hours of 7:00
a.m. and 8:00 p.m. unless the court determines on the basis of facts stated in the affidavits
that a nighttime search outside those hours is necessary to prevent the loss, destruction, or
removal of the objects of the search or to protect the searchers or the public. The search
warrant shall state that it may be served only between the hours of 7:00 a.m. and 8:00 p.m.
unless a nighttime search outside those hours is authorized.

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For the purposes of this section, "no-knock search warrant" means
a search warrant authorizing peace officers to enter certain premises without first knocking
and announcing the officer's presence or purpose prior to entering the premises. No-knock
search warrants may also be referred to as dynamic entry warrants.
new text end

new text begin Subd. 3. new text end

new text begin Requirements for a no-knock search warrant. new text end

new text begin (a) No peace officer shall
seek a no-knock search warrant unless the warrant application includes at a minimum:
new text end

new text begin (1) all documentation and materials the issuing court requires;
new text end

new text begin (2) the information specified in paragraph (b); and
new text end

new text begin (3) a sworn affidavit as provided in section 626.08.
new text end

new text begin (b) Each warrant application seeking a no-knock entry must include, in detailed terms,
the following:
new text end

new text begin (1) why peace officers are seeking the use of a no-knock entry and are unable to detain
the suspect or search the residence through the use of a knock and announce warrant;
new text end

new text begin (2) what investigative activities have taken place to support issuance of the no-knock
search warrant, or why no investigative activity is needed or able to be performed; and
new text end

new text begin (3) whether the warrant can be effectively executed during daylight hours according to
subdivision 1.
new text end

new text begin (c) The chief law enforcement officer or designee and another superior officer must
review and approve each warrant application. The agency must document the approval of
both reviewing parties.
new text end

new text begin (d) A no-knock search warrant shall not be issued when the only crime alleged is
possession of a controlled substance unless there is probable cause to believe that the
controlled substance is for other than personal use.
new text end

new text begin Subd. 4. new text end

new text begin Reporting requirements regarding no-knock search warrants. new text end

new text begin (a) Law
enforcement agencies shall report to the commissioner of public safety regarding the use
of no-knock search warrants in a format prescribed by the commissioner. An agency must
report the use of a no-knock search warrant to the commissioner no later than three months
after the date the warrant was issued. The report shall include the following information:
new text end

new text begin (1) the number of no-knock search warrants requested;
new text end

new text begin (2) the number of no-knock search warrants the court issued;
new text end

new text begin (3) the number of no-knock search warrants executed;
new text end

new text begin (4) the number of injuries and fatalities suffered, if any, by peace officers and by civilians
in the execution of no-knock search warrants; and
new text end

new text begin (5) any other information the commissioner requests.
new text end

new text begin (b) The commissioner of public safety shall report the information provided under
paragraph (a) annually to the chairs and ranking minority members of the legislative
committees with jurisdiction over public safety.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective September 1, 2021, and applies to warrants
requested on or after that date.
new text end

Sec. 24.

Minnesota Statutes 2020, section 626.842, subdivision 2, is amended to read:

Subd. 2.

Terms, compensation, removal, filling of vacancies.

The membership terms,
compensation, removal of members and the filling of vacancies for members appointed
pursuant to section 626.841 deleted text begin , clauses (1), (2), (4), and (5) on the board deleted text end ; the provision of staff,
administrative services and office space; the review and processing of complaints; the setting
of fees; and other matters relating to board operations shall be as provided in chapter 214.

Sec. 25.

Minnesota Statutes 2020, section 626.8435, subdivision 1, is amended to read:

Subdivision 1.

Establishment and membership.

The Ensuring Police Excellence and
Improving Community Relations Advisory Council is established under the Peace Officer
Standards and Training Board. The council consists of the following 15 members:

(1) the superintendent of the Bureau of Criminal Apprehension, or a designee;

(2) the executive director of the Peace Officer Standards and Training Board, or a
designee;

(3) the executive director of the Minnesota Police and Peace Officers Association, or a
designee;

(4) the executive director of the Minnesota Sheriffs' Association, or a designee;

(5) the executive director of the Minnesota Chiefs of Police Association, or a designee;

(6) six community members, of which:

(i) four members shall represent the community-specific boards established under deleted text begin section
257.0768 deleted text end new text begin sections 15.0145 and 3.922 new text end , reflecting one appointment made by each board;

(ii) one member shall be a mental health advocate and shall be appointed by the Minnesota
chapter of the National Alliance on Mental Illness; and

(iii) one member shall be an advocate for victims and shall be appointed by Violence
Free Minnesota; and

(7) four members appointed by the legislature, of which one shall be appointed by the
speaker of the house, one by the house minority leader, one by the senate majority leader,
and one by the senate minority leader.

The appointing authorities shall make their appointments by September 15, 2020, and
shall ensure geographical balance when making appointments.

Sec. 26.

Minnesota Statutes 2020, section 626.845, subdivision 3, is amended to read:

Subd. 3.

Peace officer data.

The board, in consultation with the Minnesota Chiefs of
Police Association, Minnesota Sheriffs' Association, and Minnesota Police and Peace
Officers Association, shall create a central repository for peace officer data deleted text begin designated as
public data under chapter 13 deleted text end . The database shall be designed to receive, in real time, the
deleted text begin public deleted text end data required to be submitted to the board by law enforcement agencies in section
626.8457, subdivision 3, paragraph (b). To ensure the anonymity of individuals, the database
must use encrypted data to track information transmitted on individual peace officers.

Sec. 27.

Minnesota Statutes 2020, section 626.8457, subdivision 3, is amended to read:

Subd. 3.

Report on alleged misconduct; database; report.

(a) A chief law enforcement
officer shall report annually to the board summary data regarding the investigation and
disposition of cases involving alleged misconduct, indicating the total number of
investigations, the total number by each subject matter, the number dismissed as unfounded,
and the number dismissed on grounds that the allegation was unsubstantiated.

(b) Beginning July 1, 2021, a chief law enforcement officer, in real time, must submit
individual peace officer data classified as public new text begin data on individuals, as defined by section
13.02, subdivision 15, or private data on individuals, as defined by section 13.02, subdivision
12, new text end and submitted using encrypted data that the board determines is necessary to:

(1) evaluate the effectiveness of statutorily required training;

(2) assist the Ensuring Police Excellence and Improving Community Relations Advisory
Council in accomplishing the council's duties; and

(3) allow for the board, the Ensuring Police Excellence and Improving Community
Relations Advisory Council, and the board's complaint investigation committee to identify
patterns of behavior that suggest an officer is in crisis or is likely to violate a board-mandated
model policy.

(c) The reporting obligation in paragraph (b) is ongoing. A chief law enforcement officer
must update data within 30 days of final disposition of a complaint or investigation.

(d) Law enforcement agencies and political subdivisions are prohibited from entering
into a confidentiality agreement that would prevent disclosure of the data identified in
paragraph (b) to the board. Any such confidentiality agreement is void as to the requirements
of this section.

(e) By February 1 of each year, the board shall prepare a report that contains summary
data provided under paragraph (b). The board must post the report on its publicly accessible
website and provide a copy to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal justice
policy.

Sec. 28.

Minnesota Statutes 2020, section 626.8469, is amended by adding a subdivision
to read:

new text begin Subd. 1b. new text end

new text begin Crisis intervention and mental illness crisis training; dementia and
Alzheimer's. new text end

new text begin The board, in consultation with stakeholders, including but not limited to the
Minnesota Crisis Intervention Team and the Alzheimer's Association, shall create a list of
approved entities and training courses primarily focused on issues associated with persons
with dementia and Alzheimer's disease. To receive the board's approval, a training course
must:
new text end

new text begin (1) have trainers with at least two years of direct care of a person with Alzheimer's
disease or dementia, crisis intervention training, and mental health experience;
new text end

new text begin (2) cover techniques for responding to and issues associated with persons with dementia
and Alzheimer's disease, including at a minimum wandering, driving, abuse, and neglect;
and
new text end

new text begin (3) meet the crisis intervention and mental illness crisis training standards established
in subdivision 1a.
new text end

Sec. 29.

new text begin [626.8476] CONFIDENTIAL INFORMANTS; REQUIRED POLICY AND
TRAINING.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Confidential informant" means a person who cooperates with a law enforcement
agency confidentially in order to protect the person or the agency's intelligence gathering
or investigative efforts and:
new text end

new text begin (1) seeks to avoid arrest or prosecution for a crime, mitigate punishment for a crime in
which a sentence will be or has been imposed, or receive a monetary or other benefit; and
new text end

new text begin (2) is able, by reason of the person's familiarity or close association with suspected
criminals, to:
new text end

new text begin (i) make a controlled buy or controlled sale of contraband, controlled substances, or
other items that are material to a criminal investigation;
new text end

new text begin (ii) supply regular or constant information about suspected or actual criminal activities
to a law enforcement agency; or
new text end

new text begin (iii) otherwise provide information important to ongoing criminal intelligence gathering
or criminal investigative efforts.
new text end

new text begin (c) "Controlled buy" means the purchase of contraband, controlled substances, or other
items that are material to a criminal investigation from a target offender that is initiated,
managed, overseen, or participated in by law enforcement personnel with the knowledge
of a confidential informant.
new text end

new text begin (d) "Controlled sale" means the sale of contraband, controlled substances, or other items
that are material to a criminal investigation to a target offender that is initiated, managed,
overseen, or participated in by law enforcement personnel with the knowledge of a
confidential informant.
new text end

new text begin (e) "Mental harm" means a psychological injury that is not necessarily permanent but
results in visibly demonstrable manifestations of a disorder of thought or mood that impairs
a person's judgment or behavior.
new text end

new text begin (f) "Target offender" means the person suspected by law enforcement personnel to be
implicated in criminal acts by the activities of a confidential informant.
new text end

new text begin Subd. 2. new text end

new text begin Model policy. new text end

new text begin (a) By January 1, 2022, the board shall adopt a model policy
addressing the use of confidential informants by law enforcement. The model policy must
establish policies and procedures for the recruitment, control, and use of confidential
informants. In developing the policy, the board shall consult with representatives of the
Bureau of Criminal Apprehension, Minnesota Police Chiefs Association, Minnesota Sheriff's
Association, Minnesota Police and Peace Officers Association, Minnesota County Attorneys
Association, treatment centers for substance abuse, and mental health organizations. The
model policy must include, at a minimum, the following:
new text end

new text begin (1) information that the law enforcement agency shall maintain about each confidential
informant that must include, at a minimum, an emergency contact for the informant in the
event of the informant's physical or mental harm or death;
new text end

new text begin (2) a process to advise a confidential informant of conditions, restrictions, and procedures
associated with participating in the agency's investigative or intelligence gathering activities;
new text end

new text begin (3) procedures for compensation to an informant that is commensurate with the value
of the services and information provided and based on the level of the targeted offender,
the amount of any seizure, and the significance of contributions made by the informant;
new text end

new text begin (4) designated supervisory or command-level review and oversight in the use of a
confidential informant;
new text end

new text begin (5) limits or restrictions on off-duty association or social relationships by law enforcement
agency personnel with a confidential informant;
new text end

new text begin (6) limits or restrictions on the potential exclusion of an informant from engaging in a
controlled buy or sale of a controlled substance if the informant is known by the law
enforcement agency to: (i) be receiving in-patient or out-patient treatment administered by
a licensed service provider for substance abuse; (ii) be participating in a treatment-based
drug court program; or (iii) have experienced a drug overdose within the past year;
new text end

new text begin (7) exclusion of an informant under the age of 18 years from participating in a controlled
buy or sale of a controlled substance without the written consent of a parent or legal guardian,
except that the informant may provide confidential information to a law enforcement agency;
new text end

new text begin (8) consideration of an informant's diagnosis of mental illness, substance abuse, or
disability, and history of mental illness, substance abuse, or disability;
new text end

new text begin (9) guidelines for the law enforcement agency to consider if the agency decides to
establish a procedure to request an advocate from the county social services agency for an
informant if the informant is an addict in recovery or possesses a physical or mental infirmity
or other physical, mental, or emotional dysfunction that impairs the informant's ability to
understand instructions and make informed decisions, where the agency determines this
process does not place the informant in any danger;
new text end

new text begin (10) guidelines for the law enforcement agency to use to encourage prospective and
current confidential informants who are known to be substance abusers or to be at risk for
substance abuse to seek prevention or treatment services;
new text end

new text begin (11) reasonable protective measures for a confidential informant when law enforcement
knows or should have known of a risk or threat of harm to a person serving as a confidential
informant and the risk or threat of harm is a result of the informant's service to the law
enforcement agency;
new text end

new text begin (12) guidelines for the training and briefing of a confidential informant;
new text end

new text begin (13) reasonable procedures to help protect the identity of a confidential informant during
the time the person is acting as an informant;
new text end

new text begin (14) procedures to deactivate a confidential informant that maintain the safety and
anonymity of the informant;
new text end

new text begin (15) optional procedures that the law enforcement agency may adopt relating to
deactivated confidential informants to offer and provide assistance to them with physical,
mental, or emotional health services;
new text end

new text begin (16) a process to evaluate and report the criminal history and propensity for violence of
any target offenders; and
new text end

new text begin (17) guidelines for a written agreement between the confidential informant and the law
enforcement agency that take into consideration, at a minimum, an informant's physical or
mental infirmity or other physical, mental, or emotional dysfunction that impairs the
informant's ability to knowingly contract or otherwise protect the informant's self-interest.
new text end

new text begin (b) The board shall annually review and, as necessary, revise the model confidential
informant policy in collaboration with representatives from the organizations listed under
paragraph (a).
new text end

new text begin Subd. 3. new text end

new text begin Agency policies required. new text end

new text begin (a) The chief law enforcement officer of every state
and local law enforcement agency must establish and enforce a written policy governing
the use of confidential informants. The policy must be identical or, at a minimum,
substantially similar to the new or revised model policy adopted by the board under
subdivision 2.
new text end

new text begin (b) Every state and local law enforcement agency must certify annually to the board that
it has adopted a written policy in compliance with the board's model confidential informant
policy.
new text end

new text begin (c) The board shall assist the chief law enforcement officer of each state and local law
enforcement agency in developing and implementing confidential informant policies under
this subdivision.
new text end

new text begin Subd. 4. new text end

new text begin Required in-service training. new text end

new text begin The chief law enforcement officer of every state
and local law enforcement agency shall provide in-service training in the recruitment,
control, and use of confidential informants to every peace officer and part-time peace officer
employed by the agency who the chief law enforcement officer determines is involved in
working with confidential informants given the officer's responsibilities. The training shall
comply with learning objectives based on the policies and procedures of the model policy
developed and approved by the board.
new text end

new text begin Subd. 5. new text end

new text begin Compliance reviews. new text end

new text begin The board has the authority to inspect state and local
agency policies to ensure compliance with this section. The board may conduct the inspection
based upon a complaint it receives about a particular agency or through a random selection
process.
new text end

new text begin Subd. 6. new text end

new text begin Licensing sanctions; injunctive relief. new text end

new text begin The board may impose licensing
sanctions and seek injunctive relief under section 214.11 for failure to comply with the
requirements of this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 30.

Laws 2017, chapter 95, article 3, section 30, is amended to read:

Sec. 30. ALTERNATIVES TO INCARCERATION PILOT PROGRAM deleted text begin FUND deleted text end .

(a) Agencies providing supervision to offenders on probation, parole, or supervised
release are eligible for deleted text begin grants deleted text end new text begin funding new text end to facilitate access to community options including,
but not limited to, inpatient chemical dependency treatment for nonviolent controlled
substance offenders to address and correct behavior that is, or is likely to result in, a technical
violation of the conditions of release. For purposes of this section, "nonviolent controlled
substance offender" is a person who meets the criteria described under Minnesota Statutes,
section 244.0513, subdivision 2, clauses (1), (2), and (5), and "technical violation" means
a violation of a court order of probation, condition of parole, or condition of supervised
release, except an allegation of a subsequent criminal act that is alleged in a formal complaint,
citation, or petition.

(b) The Department of Corrections shall deleted text begin establish criteria for selecting grant recipients
and the amount awarded to each grant recipient deleted text end new text begin issue annual funding of $160,000 to each
recipient new text end .

(c) deleted text begin By January 15, 2019, deleted text end The commissioner of corrections shall submit deleted text begin a deleted text end new text begin an annual new text end
report to the chairs of the house of representatives and senate committees with jurisdiction
over public safety policy and finance new text begin by January 15 of each year new text end . At a minimum, the report
must include:

deleted text begin (1) the total number of grants issued under this program;
deleted text end

deleted text begin (2) the average amount of each grant;
deleted text end

deleted text begin (3) deleted text end new text begin (1) new text end the community services accessed as a result of the deleted text begin grants deleted text end new text begin funding new text end ;

deleted text begin (4) deleted text end new text begin (2) new text end a summary of the type of supervision offenders were under when deleted text begin a grant deleted text end new text begin funding new text end
was used to help access a community option;

deleted text begin (5) deleted text end new text begin (3) new text end the number of individuals who completed, and the number who failed to complete,
programs accessed as a result of this deleted text begin grant deleted text end new text begin funding new text end ; deleted text begin and
deleted text end

deleted text begin (6) deleted text end new text begin (4) new text end the number of individuals who violated the terms of release following participation
in a program accessed as a result of this deleted text begin grant deleted text end new text begin funding new text end , separating technical violations and
new criminal offenses deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) the number of individuals who completed or were discharged from probation after
participating in the program;
new text end

new text begin (6) the number of individuals identified in clause (5) who committed a new offense after
discharge from the program;
new text end

new text begin (7) identification of barriers nonviolent controlled substance offenders face in accessing
community services and a description of how the program navigates those barriers; and
new text end

new text begin (8) identification of gaps in existing community services for nonviolent controlled
substance offenders.
new text end

Sec. 31. new text begin TITLE.
new text end

new text begin Section 29 shall be known as "Matthew's Law."
new text end

Sec. 32. new text begin RULEMAKING AUTHORITY.
new text end

new text begin The executive director of the Peace Officer Standards and Training Board may adopt
rules to carry out the purposes of section 3.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 33. new text begin REVISOR INSTRUCTION.
new text end

new text begin In the next edition of Minnesota Statutes, the revisor of statutes shall codify the
alternatives to incarceration pilot program under section 30 to reflect that it is a permanent
program. The revisor may make editorial and other nonsubstantive language changes to
accomplish this.
new text end

ARTICLE 10

EFFECTIVE DATE

Section 1. new text begin EFFECTIVE DATES FOR CERTAIN ENACTMENTS.
new text end

new text begin Notwithstanding Minnesota Statutes, sections 645.02 and 645.21, or any other law to
the contrary, articles 1 to 9 are effective on or retroactively from July 1, 2021. If a provision
in an article specifies an effective date different than July 1, 2021, for purposes of the
provision the effective date specified in the article prevails. Any fiscal year 2021
appropriation made in this act is effective retroactively from June 30, 2021.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

APPENDIX

Repealed Minnesota Statutes: 211-S0007-1

253D.14 VICTIM NOTIFICATION OF PETITION AND RELEASE; RIGHT TO SUBMIT STATEMENT.

Subd. 4.

Electronic notice.

This section applies only to victims who have requested notification through the Department of Corrections electronic victim notification system, or by contacting, in writing, the county attorney in the county where the conviction for the crime occurred or where the civil commitment was filed or, following commitment, the executive director. A request for notice under this section received by the commissioner of corrections through the Department of Corrections electronic victim notification system shall be promptly forwarded to the prosecutorial authority with jurisdiction over the offense to which the notice relates or, following commitment, the executive director. A county attorney who receives a request for notification under this section following commitment shall promptly forward the request to the commissioner of human services.

609.324 PATRONS; PROSTITUTES; HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; PENALTIES.

Subd. 3.

General prostitution crimes; penalties for patrons.

(a) Whoever, while acting as a patron, intentionally does any of the following is guilty of a misdemeanor:

(1) engages in prostitution with an individual 18 years of age or older; or

(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage in sexual penetration or sexual contact. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced to pay a fine of at least $500.

(b) Whoever violates the provisions of this subdivision within two years of a previous prostitution conviction for violating this section or section 609.322 is guilty of a gross misdemeanor. Except as otherwise provided in subdivision 4, a person who is convicted of violating this paragraph must, at a minimum, be sentenced as follows:

(1) to pay a fine of at least $1,500; and

(2) to serve 20 hours of community work service.

The court may waive the mandatory community work service if it makes specific, written findings that the community work service is not feasible or appropriate under the circumstances of the case.

609.5317 REAL PROPERTY; SEIZURES.

Subdivision 1.

Rental property.

(a) When contraband or a controlled substance manufactured, distributed, or acquired in violation of chapter 152 is seized on residential rental property incident to a lawful search or arrest, the prosecuting authority shall give the notice required by this subdivision to (1) the landlord of the property or the fee owner identified in the records of the county assessor, and (2) the agent authorized by the owner to accept service pursuant to section 504B.181. The notice is not required during an ongoing investigation. The notice shall state what has been seized and specify the applicable duties and penalties under this subdivision. The notice shall state that the landlord who chooses to assign the right to bring an eviction action retains all rights and duties, including removal of a tenant's personal property following issuance of the writ of recovery and delivery of the writ to the sheriff for execution. The notice shall also state that the landlord may contact the prosecuting authority if threatened by the tenant. Notice shall be sent by certified letter, return receipt requested, within 30 days of the seizure. If receipt is not returned, notice shall be given in the manner provided by law for service of summons in a civil action.

(b) Within 15 days after notice of the first occurrence, the landlord shall bring, or assign to the prosecuting authority of the county in which the real property is located, the right to bring an eviction action against the tenant. The assignment must be in writing on a form prepared by the prosecuting authority. Should the landlord choose to assign the right to bring an eviction action, the assignment shall be limited to those rights and duties up to and including delivery of the writ of recovery to the sheriff for execution.

(c) Upon notice of a second occurrence on any residential rental property owned by the same landlord in the same county and involving the same tenant, and within one year after notice of the first occurrence, the property is subject to forfeiture under sections 609.531, 609.5311, 609.5313, and 609.5315, unless an eviction action has been commenced as provided in paragraph (b) or the right to bring an eviction action was assigned to the prosecuting authority as provided in paragraph (b). If the right has been assigned and not previously exercised, or if the prosecuting authority requests an assignment and the landlord makes an assignment, the prosecuting authority may bring an eviction action rather than an action for forfeiture.

(d) The Department of Corrections Fugitive Apprehension Unit shall not seize real property for the purposes of forfeiture as described in paragraphs (a) to (c).

Subd. 2.

Additional remedies.

Nothing in subdivision 1 prevents the prosecuting authority from proceeding under section 609.5311 whenever that section applies.

Subd. 3.

Defenses.

It is a defense against a proceeding under subdivision 1, paragraph (b), that the tenant had no knowledge or reason to know of the presence of the contraband or controlled substance or could not prevent its being brought onto the property.

It is a defense against a proceeding under subdivision 1, paragraph (c), that the landlord made every reasonable attempt to evict a tenant or to assign the prosecuting authority the right to bring an eviction action against the tenant, or that the landlord did not receive notice of the seizure.

Subd. 4.

Limitations.

This section shall not apply if the retail value of the controlled substance is less than $100, but this section does not subject real property to forfeiture under section 609.5311 unless the retail value of the controlled substance is: (1) $1,000 or more; or (2) there have been two previous controlled substance seizures involving the same tenant.

611A.0385 SENTENCING; IMPLEMENTATION OF RIGHT TO NOTICE OF OFFENDER RELEASE AND EXPUNGEMENT.

At the time of sentencing or the disposition hearing in a case in which there is an identifiable victim, the court or its designee shall make reasonable good faith efforts to inform each affected victim of the offender notice of release and notice of expungement provisions of section 611A.06. If the victim is a minor, the court or its designee shall, if appropriate, also make reasonable good faith efforts to inform the victim's parent or guardian of the right to notice of release and notice of expungement. The state court administrator, in consultation with the commissioner of corrections and the prosecuting authorities, shall prepare a form that outlines the notice of release and notice of expungement provisions under section 611A.06 and describes how a victim should complete and submit a request to the commissioner of corrections or other custodial authority to be informed of an offender's release or submit a request to the prosecuting authorities to be informed of an offender's petition for expungement. The state court administrator shall make these forms available to court administrators who shall assist the court in disseminating right to notice of offender release and notice of expungement information to victims.