Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

SF 802

3rd Engrossment - 91st Legislature (2019 - 2020) Posted on 08/29/2019 10:46am

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers 1.1 1.2 1.3 1.4 1.5 1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15
1.16 1.17
1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 1.26 1.27 1.28 1.29
2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32
3.1 3.2 3.3 3.4 3.5
3.6 3.7 3.8 3.9 3.10
3.11 3.12 3.13 3.14 3.15
3.16
3.17
3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26
3.27 3.28 3.29 3.30 3.31
4.1
4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31 6.32 6.33 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18 7.19 7.20 7.21 7.22 7.23 7.24 7.25 7.26 7.27 7.28 7.29 7.30 7.31 8.1 8.2 8.3 8.4 8.5 8.6 8.7 8.8 8.9 8.10 8.11 8.12 8.13 8.14 8.15 8.16 8.17 8.18 8.19 8.20 8.21 8.22 8.23 8.24 8.25 8.26 8.27 8.28 8.29 8.30 8.31 8.32 8.33 9.1 9.2 9.3 9.4 9.5 9.6 9.7 9.8 9.9 9.10 9.11 9.12 9.13 9.14 9.15 9.16 9.17 9.18 9.19 9.20 9.21 9.22 9.23 9.24 9.25 9.26 9.27 9.28 9.29 9.30 9.31 9.32 9.33 9.34 10.1 10.2 10.3 10.4 10.5 10.6 10.7 10.8 10.9 10.10 10.11 10.12 10.13 10.14 10.15 10.16 10.17 10.18 10.19 10.20 10.21 10.22 10.23 10.24 10.25 10.26 10.27 10.28 10.29 10.30 10.31 10.32 10.33
11.1 11.2 11.3 11.4 11.5 11.6 11.7 11.8 11.9 11.10 11.11 11.12 11.13 11.14 11.15 11.16 11.17 11.18 11.19 11.20 11.21 11.22 11.23 11.24 11.25 11.26 11.27 11.28 11.29 11.30 11.31 11.32 11.33 12.1 12.2 12.3 12.4 12.5
12.6
12.7
12.8 12.9 12.10 12.11 12.12 12.13 12.14 12.15 12.16 12.17 12.18 12.19 12.20 12.21 12.22 12.23 12.24 12.25 12.26 12.27 12.28 12.29 12.30 12.31 13.1 13.2 13.3 13.4 13.5 13.6 13.7 13.8 13.9 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 13.19 13.20 13.21 13.22 13.23 13.24 13.25
13.26 13.27 13.28 13.29 13.30 13.31 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8
14.9 14.10 14.11 14.12 14.13
14.14 14.15 14.16 14.17 14.18 14.19 14.20 14.21 14.22 14.23 14.24 14.25 14.26 14.27 14.28 14.29 14.30 15.1 15.2 15.3 15.4 15.5 15.6 15.7
15.8 15.9
15.10 15.11 15.12 15.13 15.14 15.15 15.16 15.17 15.18 15.19 15.20 15.21 15.22 15.23 15.24 15.25 15.26 15.27 15.28 15.29 15.30 15.31 15.32 16.1 16.2 16.3 16.4 16.5 16.6 16.7 16.8 16.9 16.10 16.11 16.12 16.13 16.14 16.15 16.16 16.17 16.18 16.19 16.20 16.21 16.22 16.23 16.24 16.25 16.26 16.27 16.28 16.29 16.30 16.31 16.32 17.1 17.2 17.3 17.4 17.5
17.6 17.7
17.8 17.9 17.10 17.11 17.12 17.13 17.14 17.15
17.16 17.17
17.18 17.19 17.20 17.21 17.22 17.23 17.24 17.25 17.26 17.27 17.28 17.29 17.30 17.31 18.1 18.2 18.3 18.4 18.5 18.6 18.7 18.8 18.9 18.10 18.11 18.12 18.13 18.14 18.15 18.16 18.17
18.18 18.19
18.20 18.21 18.22 18.23 18.24 18.25 18.26 18.27 18.28 18.29 18.30 18.31 19.1 19.2 19.3 19.4 19.5 19.6 19.7 19.8 19.9 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 19.20 19.21 19.22 19.23 19.24 19.25 19.26
19.27 19.28
20.1 20.2 20.3 20.4 20.5 20.6 20.7 20.8 20.9 20.10 20.11 20.12 20.13 20.14 20.15 20.16 20.17 20.18 20.19 20.20 20.21 20.22 20.23 20.24 20.25 20.26 20.27 20.28 20.29 20.30 20.31 21.1 21.2 21.3 21.4 21.5 21.6 21.7
21.8 21.9
21.10 21.11 21.12 21.13 21.14 21.15 21.16 21.17 21.18 21.19 21.20 21.21 21.22 21.23 21.24 21.25 21.26 21.27 21.28 21.29 22.1 22.2 22.3 22.4 22.5 22.6 22.7 22.8 22.9 22.10 22.11 22.12 22.13 22.14 22.15 22.16 22.17 22.18 22.19 22.20 22.21 22.22 22.23 22.24 22.25 22.26 22.27 22.28 22.29 23.1 23.2 23.3 23.4 23.5 23.6 23.7 23.8 23.9 23.10 23.11 23.12 23.13 23.14 23.15 23.16 23.17 23.18 23.19 23.20 23.21 23.22
23.23 23.24
23.25 23.26 23.27 23.28 23.29 23.30 23.31 23.32 24.1 24.2 24.3 24.4 24.5 24.6 24.7 24.8 24.9 24.10 24.11 24.12 24.13 24.14 24.15 24.16 24.17 24.18 24.19 24.20 24.21 24.22 24.23 24.24 24.25 24.26 24.27 24.28 24.29 24.30 24.31 25.1 25.2 25.3 25.4 25.5 25.6 25.7 25.8 25.9 25.10 25.11 25.12 25.13 25.14 25.15 25.16 25.17 25.18 25.19 25.20 25.21 25.22 25.23 25.24 25.25 25.26 25.27 25.28 25.29 25.30 25.31
25.32 25.33
26.1 26.2 26.3 26.4 26.5 26.6 26.7 26.8 26.9 26.10 26.11 26.12 26.13 26.14 26.15 26.16 26.17 26.18 26.19 26.20 26.21 26.22 26.23 26.24 26.25 26.26 26.27 26.28 26.29 26.30 27.1 27.2 27.3 27.4 27.5 27.6 27.7 27.8 27.9 27.10 27.11 27.12 27.13 27.14 27.15 27.16
27.17 27.18
27.19 27.20 27.21 27.22 27.23 27.24 27.25 27.26 27.27 27.28 27.29 27.30 27.31 28.1 28.2 28.3
28.4 28.5
28.6 28.7 28.8 28.9 28.10 28.11 28.12 28.13 28.14 28.15 28.16 28.17 28.18 28.19 28.20
28.21 28.22
28.23 28.24 28.25 28.26 28.27 28.28 28.29 28.30 28.31 29.1 29.2 29.3 29.4 29.5
29.6 29.7
29.8 29.9 29.10 29.11 29.12 29.13 29.14 29.15 29.16 29.17 29.18
29.19 29.20
29.21 29.22 29.23 29.24 29.25 29.26 29.27 29.28 29.29 29.30 29.31 30.1 30.2 30.3
30.4 30.5
30.6 30.7 30.8 30.9 30.10 30.11 30.12 30.13 30.14 30.15 30.16 30.17 30.18 30.19 30.20 30.21
30.22 30.23
30.24 30.25 30.26 30.27 30.28 30.29 30.30 30.31 31.1 31.2 31.3
31.4 31.5
31.6 31.7 31.8 31.9 31.10

A bill for an act
relating to public safety; appropriating money for public safety, courts, corrections,
human rights, Guardian Ad Litem Board, Uniform Laws Commission, Board on
Judicial Standards, Board of Public Defense, Sentencing Guidelines, Peace Officer
Standards and Training (POST) Board, and Private Detective Board; increasing
the maximum penalty and requiring predatory offender registration for certain
invasion of privacy crimes involving minors; increasing penalties for child
pornography offenses; expanding criminal sexual conduct offenses for persons in
current or recent positions of authority over juveniles and for peace officers who
engage in sexual activity with those in custody; amending Minnesota Statutes
2018, sections 243.166, subdivision 1b; 299A.707, by adding a subdivision;
357.021, subdivision 7; 609.341, subdivisions 10, 11; 609.342, subdivision 1;
609.343, subdivision 1; 609.344, subdivision 1; 609.345, subdivision 1; 609.746,
subdivision 1; 617.246, subdivisions 2, 3, 4, 7; 617.247, subdivisions 3, 4, 9.

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

ARTICLE 1

APPROPRIATIONS

Section 1. new text beginAPPROPRIATIONS.
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 "2020" and "2021" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2020, or June 30, 2021, respectively.
"The first year" is fiscal year 2020. "The second year" is fiscal year 2021. "The biennium"
is fiscal years 2020 and 2021.
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 2020
new text end
new text begin 2021
new text end

Sec. 2. new text beginSUPREME 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 54,014,000
new text end
new text begin $
new text end
new text begin 54,302,000
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 40,076,000
new text end
new text begin 40,364,000
new text end

new text begin (a) 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) Health Insurance
new text end

new text begin $213,000 the first year and $501,000 the
second year are for health insurance increases.
This is a onetime appropriation.
new text end

new text begin Subd. 3. new text end

new text begin Civil Legal Services
new text end

new text begin 13,938,000
new text end
new text begin 13,938,000
new text end

new text begin (a) Legal Services to Low-Income Clients
in Family Law Matters
new text end

new text begin $1,062,000 the first year and $1,125,000 the
second year are 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

new text begin (b) Health Insurance
new text end

new text begin $218,000 each year is for health insurance
increases. This is a onetime appropriation.
new text end

Sec. 3. new text beginCOURT OF APPEALS
new text end

new text begin $
new text end
new text begin 12,588,000
new text end
new text begin $
new text end
new text begin 12,670,000
new text end

new text begin Health Insurance
new text end

new text begin $60,000 the first year and $142,000 the second
year are for health insurance increases. This
is a onetime appropriation.
new text end

Sec. 4. new text beginDISTRICT COURTS
new text end

new text begin $
new text end
new text begin 301,555,000
new text end
new text begin $
new text end
new text begin 304,048,000
new text end

new text begin Health Insurance
new text end

new text begin $1,839,000 the first year and $4,332,000 the
second year are for health insurance increases.
This is a onetime appropriation.
new text end

Sec. 5. new text beginGUARDIAN AD LITEM BOARD
new text end

new text begin $
new text end
new text begin 16,967,000
new text end
new text begin $
new text end
new text begin 17,069,000
new text end

new text begin Health Insurance
new text end

new text begin $183,000 the first year and $285,000 the
second year are for health insurance increases.
This is a onetime appropriation.
new text end

Sec. 6. new text beginTAX COURT
new text end

new text begin $
new text end
new text begin 1,682,000
new text end
new text begin $
new text end
new text begin 1,682,000
new text end

Sec. 7. new text beginUNIFORM LAWS COMMISSION
new text end

new text begin $
new text end
new text begin 98,000
new text end
new text begin $
new text end
new text begin 98,000
new text end

Sec. 8. new text beginBOARD ON JUDICIAL STANDARDS
new text end

new text begin $
new text end
new text begin 530,000
new text end
new text begin $
new text end
new text begin 509,000
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,
2023.
new text end

Sec. 9. new text beginBOARD OF PUBLIC DEFENSE
new text end

new text begin $
new text end
new text begin 89,335,000
new text end
new text begin $
new text end
new text begin 90,042,000
new text end

new text begin Health Insurance
new text end

new text begin $699,000 the first year and $1,406,000 the
second year are for health insurance increases.
This is a onetime appropriation.
new text end

Sec. 10. new text beginSENTENCING GUIDELINES
new text end

new text begin $
new text end
new text begin 679,000
new text end
new text begin $
new text end
new text begin 687,000
new text end

Sec. 11. new text beginPUBLIC 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 194,000,000
new text end
new text begin $
new text end
new text begin 194,142,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2020
new text end
new text begin 2021
new text end
new text begin General
new text end
new text begin 100,494,000
new text end
new text begin 100,636,000
new text end
new text begin Special Revenue
new text end
new text begin 13,251,000
new text end
new text begin 13,251,000
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 77,650,000
new text end
new text begin 77,650,000
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 3,715,000
new text end
new text begin 3,715,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 2,792,000
new text end
new text begin 2,792,000
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 Special Revenue
Fund
new text end
new text begin 850,000
new text end
new text begin 850,000
new text end

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

new text begin $850,000 each year is 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.
new text end

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

new text begin $150,000 each year is for supplemental
nonprofit security grants.
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, 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 Organizations meeting the eligibility
requirements of this paragraph 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,
on an annual basis, of the appropriation
received under this paragraph to pay costs
incurred by the department in administering
the supplemental nonprofit security grant
program. This is a onetime appropriation.
new text end

new text begin (c) Rapidan Township
new text end

new text begin $340,000 the first year is for distribution to
Rapidan Township under Minnesota Statutes,
section 12A.03, subdivision 2, for costs
incurred from flooding that resulted in
Presidential Disaster Declaration DR-1941.
Of this amount, $237,906.91 is for
reimbursement of the Federal Emergency
Management Agency (FEMA) Public
Assistance Program. This appropriation is
available until June 30, 2020.
new text end

new text begin Subd. 3. new text end

new text begin Criminal Apprehension
new text end

new text begin 58,444,000
new text end
new text begin 58,577,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 56,008,000
new text end
new text begin 56,141,000
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) new text end new text begin DWI Lab Analysis; Trunk Highway
Fund
new text end

new text begin Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 each year
is from the trunk highway fund for laboratory
analysis related to driving-while-impaired
cases.
new text end

new text begin (b) Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $131,000 in each of fiscal years
2022 and 2023.
new text end

new text begin Subd. 4. new text end

new text begin Fire Marshal
new text end

new text begin 6,622,000
new text end
new text begin 6,622,000
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 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 Subd. 5. new text end

new text begin Firefighter Training and Education
Board
new text end

new text begin 5,015,000
new text end
new text begin 5,015,000
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 $4,265,000 each year is for firefighter training
and education.
new text end

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

new text begin $500,000 each year is for the Minnesota Task
Force 1.
new text end

new text begin (c) Air Rescue
new text end

new text begin $250,000 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 2019 is appropriated
to the commissioner 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 2,754,000
new text end
new text begin 2,762,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 1,990,000
new text end
new text begin 1,998,000
new text end
new text begin Special Revenue
new text end
new text begin 764,000
new text end
new text begin 764,000
new text end

new text begin $694,000 each year is from the alcohol
enforcement account in the special revenue
fund. Of this appropriation, $500,000 each
year shall be transferred to the general fund.
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 Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $8,000 in each of fiscal years
2022 and 2023.
new text end

new text begin Subd. 7. new text end

new text begin Office of Justice Programs
new text end

new text begin 39,800,000
new text end
new text begin 39,801,000
new text end
new text begin Appropriations by Fund
new text end
new text begin General
new text end
new text begin 39,704,000
new text end
new text begin 39,705,000
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) Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $2,000 in each of fiscal years
2022 and 2023.
new text end

new text begin (b) 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 (c) Domestic Abuse Prevention Grants
new text end

new text begin $398,000 each year is for a grant to a domestic
abuse prevention program that provides
interdisciplinary, trauma-informed treatment
and evidence-informed intervention for
veterans and current or former service
members and their whole families affected by
domestic violence. The grantee must offer a
combination of services for perpetrators of
domestic violence and their families, including
individual and group therapy, evaluation and
research of programming, and short- and
long-term case management services to ensure
stabilization and increase in their overall
mental health functioning and well-being.
new text end

new text begin Subd. 8. new text end

new text begin Emergency Communication Networks
new text end

new text begin 77,650,000
new text end
new text begin 77,650,000
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 will be
incorporated into the service level agreement
and will 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 $13,664,000 each year is to be distributed as
provided in Minnesota Statutes, section
403.113, subdivision 2.
new text end

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

new text begin $683,000 each 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 Debt Service
new text end

new text begin $23,261,000 each year is transferred to the
commissioner of management and budget to
pay debt service on revenue bonds issued
under Minnesota Statutes, section 403.275.
new text end

new text begin Any portion of this appropriation not needed
to pay debt service in a fiscal year may be used
by the commissioner of public safety to pay
cash for any of the capital improvements for
which bond proceeds were appropriated by
Laws 2005, chapter 136, article 1, section 9,
subdivision 8; or Laws 2007, chapter 54,
article 1, section 10, subdivision 8.
new text end

new text begin (d) 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 (e) 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

Sec. 12. new text beginPEACE 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 7,156,000
new text end
new text begin $
new text end
new text begin 7,156,000
new text end
new text begin Appropriations by Fund
new text end
new text begin 2020
new text end
new text begin 2021
new text end
new text begin General
new text end
new text begin 3,000,000
new text end
new text begin 3,000,000
new text end
new text begin Special Revenue
new text end
new text begin 4,156,000
new text end
new text begin 4,156,000
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 Excess Amounts Transferred
new text end

new text begin The special revenue fund appropriation is from
the peace officer training account. Any new
receipts credited to that account in the first
year in excess of $4,156,000 must be
transferred and credited to the general fund.
Any new receipts credited to that account in
the second year in excess of $4,156,000 must
be transferred and credited to the general fund.
new text end

new text begin Subd. 3. new text end

new text begin Peace Officer Training Reimbursements
new text end

new text begin $2,859,000 each year is from the peace officer
training account in the special revenue fund
for reimbursements to local governments for
peace officer training costs.
new text end

new text begin Subd. 4. new text end

new text begin Peace Officer Training Assistance
new text end

new text begin $3,000,000 each year is from the general fund
to support and strengthen law enforcement
training and implement best practices. The
base for this activity is $0 in fiscal year 2022
and thereafter.
new text end

new text begin Subd. 5. new text end

new text begin De-escalation Training
new text end

new text begin $100,000 each year is from the peace officer
training account in the special revenue fund
for training state and local community safety
personnel in the use of crisis de-escalation
techniques. The board must ensure that
training opportunities provided are reasonably
distributed statewide.
new text end

Sec. 13. new text beginPRIVATE DETECTIVE BOARD
new text end

new text begin $
new text end
new text begin 192,000
new text end
new text begin $
new text end
new text begin 192,000
new text end

Sec. 14. new text beginHUMAN RIGHTS
new text end

new text begin $
new text end
new text begin 4,322,000
new text end
new text begin $
new text end
new text begin 4,322,000
new text end

Sec. 15. new text beginCORRECTIONS
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 600,299,000
new text end
new text begin $
new text end
new text begin 607,054,000
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 Correctional Institutions
new text end

new text begin 441,008,000
new text end
new text begin 446,950,000
new text end

new text begin (a) Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $2,342,000 in each of fiscal years
2022 and 2023.
new text end

new text begin (b) Health Insurance
new text end

new text begin $2,402,000 the first year and $5,672,000 the
second year are for health insurance increases.
This is a onetime appropriation.
new text end

new text begin (c) new text end new text begin Facility Staff Positions
new text end

new text begin $2,762,000 the first year and $4,762,000 the
second year are for additional correctional
officers and other positions deemed critical to
facility safety and security. The base for this
activity is $11,240,000 in fiscal year 2022 and
$11,241,000 in fiscal year 2023.
new text end

new text begin (d) new text end new text begin Security
new text end

new text begin $2,000,000 the first year is to upgrade critical
security infrastructure and modernize critical
security systems.
new text end

new text begin Subd. 3. new text end

new text begin Community Services
new text end

new text begin 130,900,000
new text end
new text begin 131,487,000
new text end

new text begin (a) Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $168,000 in each of fiscal years
2022 and 2023.
new text end

new text begin (b) Health Insurance
new text end

new text begin $311,000 the first year and $734,000 the
second year are for health insurance increases.
This is a onetime appropriation.
new text end

new text begin Subd. 4. new text end

new text begin Operations Support
new text end

new text begin 28,391,000
new text end
new text begin 28,617,000
new text end

new text begin (a) Base Adjustment
new text end

new text begin To account for the base adjustments provided
in Laws 2018, chapter 211, article 21, section
1, paragraph (a), the general fund base is
increased by $64,000 in each of fiscal years
2022 and 2023.
new text end

new text begin (b) Health Insurance
new text end

new text begin $122,000 the first year and $288,000 the
second year are for health insurance increases.
This is a onetime appropriation.
new text end

Sec. 16. new text beginTRANSFER; DISASTER ASSISTANCE CONTINGENCY ACCOUNT.
new text end

new text begin (a) If the fiscal year 2019 final closing balance in the general fund exceeds the closing
balance projected at the end of the 2019 legislative session by at least $20,000,000, the
commissioner of management and budget must transfer $20,000,000 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 2019 final closing balance in the general fund exceeds the closing
balance projected at the end of the 2019 legislative session by less than $20,000,000, the
commissioner of management and budget must transfer an amount equal to the difference
between the fiscal year 2019 final closing balance and the closing balance projected at the
end of the 2019 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, 2019.
new text end

Sec. 17.

Minnesota Statutes 2018, section 299A.707, is amended by adding a subdivision
to read:


new text begin Subd. 6. new text end

new text begin Annual transfer. new text end

new text begin In fiscal year 2019 and each year thereafter, the commissioner
of management and budget shall transfer $461,000 from the general fund to the community
justice reinvestment account.
new text end

Sec. 18.

Minnesota Statutes 2018, section 357.021, subdivision 7, is amended to read:


Subd. 7.

Disbursement of surcharges by commissioner of management and
budget.

(a) Except as provided in paragraphs (b), (c), and (d), the commissioner of
management and budget shall disburse surcharges received under subdivision 6 and section
97A.065, subdivision 2, as follows:

(1) one percent shall be credited to the peace officer training account in the game and
fish fund to provide peace officer training for employees of the Department of Natural
Resources who are licensed under sections 626.84 to 626.863, and who possess peace officer
authority for the purpose of enforcing game and fish laws;

(2) deleted text begin39deleted text endnew text begin 62new text end percent shall be credited to the peace officers training account in the special
revenue fund; and

(3) deleted text begin60deleted text endnew text begin 37new text end percent shall be credited to the general fund.

(b) The commissioner of management and budget shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2, to the general fund.

(c) In addition to any amounts credited under paragraph (a), the commissioner of
management and budget shall credit $47 of each surcharge received under subdivision 6
and section 97A.065, subdivision 2, and the $12 parking surcharge, to the general fund.

(d) If the Ramsey County Board of Commissioners authorizes imposition of the additional
$1 surcharge provided for in subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall transmit the surcharge to the commissioner of management
and budget. The $1 special surcharge is deposited in a Ramsey County surcharge account
in the special revenue fund and amounts in the account are appropriated to the trial courts
for the administration of the petty misdemeanor diversion program operated by the Second
Judicial District Ramsey County Violations Bureau.

ARTICLE 2

PUBLIC SAFETY POLICY CHANGES RELATED TO APPROPRIATIONS

Section 1.

Minnesota Statutes 2018, 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; deleted text beginor
deleted text end

(iv) indecent exposure under section 617.23, subdivision 3;new text begin or
new text end

new text begin (v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (f);
new text end

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit criminal abuse in violation of section 609.2325,
subdivision 1
, paragraph (b); false imprisonment in violation of section 609.255, subdivision
2
; 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; a prostitution offense in violation
of section 609.324, subdivision 1, paragraph (a); soliciting a minor to engage in sexual
conduct in violation of section 609.352, subdivision 2 or 2a, clause (1); using a minor in a
sexual performance in violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances;

(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; 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 August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2018, section 609.341, subdivision 10, is amended to read:


Subd. 10.

new text beginCurrent or recent new text endposition of authority.

"new text beginCurrent or recent new text endposition of
authority" includes but is not limited to any person who is a parent or acting in the place of
a parent and charged withnew text begin or assumesnew text end any of a parent's rights, duties or responsibilities to
a child, or a person who is charged withnew text begin or assumesnew text end any duty or responsibility for the health,
welfare, or supervision of a child, either independently or through another, no matter how
brief, at the time ofnew text begin or within 120 days immediately precedingnew text end the act. For the purposes of
subdivision 11, "position of authority" includes a psychotherapist.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 3.

Minnesota Statutes 2018, 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 (f), and 609.345, subdivision 1, clauses (a) to (e), and (h) to
deleted text begin (o)deleted text endnew text begin (p)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 position of authority, or by coercion, or by inducement if the
complainant is under 13 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 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 1, clauses (g)
and (h), and 609.345, subdivision 1, clauses (f) and (g), 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 13" 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 August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 4.

Minnesota Statutes 2018, section 609.342, subdivision 1, is amended to read:


Subdivision 1.

Crime defined.

A person who engages in sexual penetration with another
person, or in sexual contact with a person under 13 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:

(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;

(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 anew text begin current or recentnew text end 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;

(c) 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;

(d) 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;

(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:

(i) the actor uses force or coercion to accomplish sexual penetration; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(f) 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) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) 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;

(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 penetration. Neither mistake as to the
complainant's age nor consent to the act by the complainant is a defense; or

(h) the actor has a significant relationship to the complainant, the complainant was under
16 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 5.

Minnesota Statutes 2018, section 609.343, subdivision 1, is amended to read:


Subdivision 1.

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:

(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;

(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 anew text begin current or recentnew text end 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;

(c) 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;

(d) 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;

(e) the actor causes personal injury to the complainant, and either of the following
circumstances exist:

(i) the actor uses force or coercion to accomplish the sexual contact; or

(ii) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(f) 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) an accomplice uses force or coercion to cause the complainant to submit; or

(ii) 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;

(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

(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:

(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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 6.

Minnesota Statutes 2018, section 609.344, subdivision 1, is amended to read:


Subdivision 1.

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:

(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;

(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;

(c) the actor uses force or coercion to accomplish the penetration;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end 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) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual penetration occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists.

Consent by the complainant is not a defense;

(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;

(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;

(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;

(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:

(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

(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;

(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;

(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 beginor
deleted text end

(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 complainantdeleted text begin.deleted text endnew text begin; or
new text end

new 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 7.

Minnesota Statutes 2018, section 609.345, subdivision 1, is amended to read:


Subdivision 1.

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:

(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;

(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 anew text begin current or recentnew text end 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;

(c) the actor uses force or coercion to accomplish the sexual contact;

(d) the actor knows or has reason to know that the complainant is mentally impaired,
mentally incapacitated, or physically helpless;

(e) the complainant is at least 16 but less than 18 years of age and the actor is more than
48 months older than the complainant and in anew text begin current or recentnew text end 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) the actor is a psychotherapist and the complainant is a patient of the psychotherapist
and the sexual contact occurred:

(i) during the psychotherapy session; or

(ii) outside the psychotherapy session if an ongoing psychotherapist-patient relationship
exists. Consent by the complainant is not a defense;

(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;

(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;

(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;

(1) the actor is or purports to be a member of the clergy, the complainant is not married
to the actor, and:

(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

(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;

(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;

(n) the actor provides or is an agent of an entity that provides special transportation
service, the complainant used the special transportation service, deleted text beginthe complainant is not
married to the actor,
deleted text end 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 beginor
deleted text end

(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
complainantdeleted text begin.deleted text endnew text begin; or
new text end

new 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.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 8.

Minnesota Statutes 2018, section 609.746, subdivision 1, is amended to read:


Subdivision 1.

Surreptitious intrusion; observation device.

(a) A person is guilty of
a gross misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously gazes, stares, or peeps in the window or any other aperture of a house
or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.

(b) A person is guilty of a gross misdemeanor who:

(1) enters upon another's property;

(2) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or any other aperture of
a house or place of dwelling of another; and

(3) does so with intent to intrude upon or interfere with the privacy of a member of the
household.

(c) A person is guilty of a gross misdemeanor who:

(1) surreptitiously gazes, stares, or peeps in the window or other aperture of a sleeping
room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy and has exposed or is
likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or the
clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(d) A person is guilty of a gross misdemeanor who:

(1) surreptitiously installs or uses any device for observing, photographing, recording,
amplifying, or broadcasting sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70, subdivision 3, a tanning booth, or
other place where a reasonable person would have an expectation of privacy and has exposed
or is likely to expose their intimate parts, as defined in section 609.341, subdivision 5, or
the clothing covering the immediate area of the intimate parts; and

(2) does so with intent to intrude upon or interfere with the privacy of the occupant.

(e) A person is guilty of a felony and may be sentenced to imprisonment for not more
than two years or to payment of a fine of not more than $5,000, or both, if the person:

(1) violates this subdivision after a previous conviction under this subdivision or section
609.749; or

(2) violates this subdivision against a minor under the age of 18, knowing or having
reason to know that the minor is present.

(f) new text beginA person is guilty of a felony and may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person
violates paragraph (b) or (d) against a minor victim under the age of 18; (2) the person is
more than 36 months older than the minor victim; (3) the person knows or has reason to
know that the minor victim is present; and (4) the violation is committed with sexual intent.
new text end

new text begin (g) new text endParagraphs (b) and (d) do not apply to law enforcement officers or corrections
investigators, or to those acting under their direction, while engaged in the performance of
their lawful duties. Paragraphs (c) and (d) do not apply to conduct in: (1) a medical facility;
or (2) a commercial establishment if the owner of the establishment has posted conspicuous
signs warning that the premises are under surveillance by the owner or the owner's employees.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 9.

Minnesota Statutes 2018, section 617.246, subdivision 2, is amended to read:


Subd. 2.

Use of minor.

new text begin(a) new text endIt 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 deleted text beginsubdivisiondeleted text end new text beginparagraph new text endis 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 deleted text beginfor the first offense and $40,000 for a second or subsequent offensedeleted text end, or both.

new text begin (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:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 13 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 10.

Minnesota Statutes 2018, section 617.246, subdivision 3, is amended to read:


Subd. 3.

Operation or ownership of business.

new text begin(a) new text endA 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 deleted text beginfor the first offense and $40,000 for a second or subsequent offensedeleted text end, or both.

new text begin (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:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 13 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2018, section 617.246, subdivision 4, is amended to read:


Subd. 4.

Dissemination.

new text begin(a) new text endA 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 deleted text beginfor the first offense and
$40,000 for a second or subsequent offense
deleted text end, or both.

new text begin (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:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.247;
new text end

new text begin (2) the violation occurs when the person is a registered predatory offender under section
243.166; or
new text end

new text begin (3) the violation involved a minor under the age of 13 years.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 12.

Minnesota Statutes 2018, section 617.246, subdivision 7, is amended to read:


Subd. 7.

Conditional release term.

Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.247, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begintendeleted text end
new text begin 15 new text endyears. The terms of conditional release are governed by section 609.3455, subdivision
8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2018, 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 deleted text beginanddeleted text end new text beginor to
payment of
new text enda fine of not more than $10,000 deleted text beginfor a first offense and for not more than 15
years and a fine of not more than $20,000 for a second or subsequent offense
deleted text endnew text begin, or bothnew text end.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than 15 yearsnew text begin or to payment of a fine of not more than $20,000,
or both,
new text end ifnew text begin:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end

new text begin (2) new text endthe violation occurs when the person is a registered predatory offender under section
243.166new text begin; or
new text end

new text begin (3) the violation involved a minor under the age of 13 yearsnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 14.

Minnesota Statutes 2018, 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 deleted text beginanddeleted text end new text beginor to payment of new text enda fine of not more than $5,000 deleted text beginfor a first
offense and for not more than ten years and a fine of not more than $10,000 for a second
or subsequent offense
deleted text endnew text begin, or bothnew text end.

(b) A person who violates paragraph (a) is guilty of a felony and may be sentenced to
imprisonment for not more than ten years new text beginor to payment of a fine of not more than $10,000,
or both,
new text endifnew text begin:
new text end

new text begin (1) the person has a prior conviction or delinquency adjudication for violating this section
or section 617.246;
new text end

new text begin (2) new text endthe violation occurs when the person is a registered predatory offender under section
243.166new text begin; or
new text end

new text begin (3) the violation involved a minor under the age of 13 yearsnew text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 15.

Minnesota Statutes 2018, section 617.247, subdivision 9, is amended to read:


Subd. 9.

Conditional release term.

Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the sentencing guidelines, when a
court commits a person to the custody of the commissioner of corrections for violating this
section, the court shall provide that after the person has been released from prison, the
commissioner shall place the person on conditional release for five years. If the person has
previously been convicted of a violation of this section, section 609.342, 609.343, 609.344,
609.345, 609.3451, 609.3453, or 617.246, or any similar statute of the United States, this
state, or any state, the commissioner shall place the person on conditional release for deleted text begintendeleted text end
new text begin 15 new text endyears. The terms of conditional release are governed by section 609.3455, subdivision
8.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2019, and applies to crimes
committed on or after that date.
new text end

Sec. 16. new text beginSENTENCING 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, sections 617.246 and 617.247, as compared to similar
crimes, including other sex offenses and other offenses with similar maximum penalties.
new text end