Minnesota Legislature
SF 878
2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/22/2015 03:48pm
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
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 3.32 3.33 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 4.34 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 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 7.32 7.33 7.34 7.35 7.36 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 8.34 8.35 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 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 10.34 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
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 12.32 12.33 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 13.32 13.33 13.34 13.35 13.36 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 14.31 14.32 14.33 14.34 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 15.33 15.34 15.35 15.36 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 16.33 16.34 16.35 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 17.32 17.33 17.34 17.35
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 18.32 18.33 18.34 18.35 18.36 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 19.29 19.30 19.31 19.32 19.33 19.34 19.35 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 20.32 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 21.30 21.31 21.32 21.33 21.34 21.35 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 22.30
22.31 22.32 22.33 22.34 22.35 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 23.33 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 24.32 24.33 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 26.31 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 27.32 27.33 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 28.32 28.33 28.34 28.35 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 29.32 29.33 29.34 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 30.32 30.33 30.34
30.35 31.1 31.2 31.3 31.4 31.5 31.6 31.7 31.8 31.9 31.10 31.11 31.12 31.13 31.14 31.15 31.16 31.17 31.18 31.19 31.20 31.21 31.22 31.23 31.24 31.25 31.26 31.27 31.28 31.29 31.30 31.31 31.32 31.33 31.34 31.35 31.36 32.1 32.2 32.3 32.4 32.5 32.6
32.7 32.8
32.9 32.10 32.11 32.12 32.13 32.14 32.15 32.16 32.17 32.18 32.19 32.20 32.21 32.22 32.23 32.24 32.25 32.26 32.27 32.28 32.29 32.30 32.31 32.32 32.33 32.34 33.1 33.2 33.3 33.4 33.5 33.6 33.7 33.8 33.9 33.10 33.11 33.12 33.13 33.14 33.15 33.16 33.17 33.18 33.19 33.20 33.21 33.22 33.23
33.24 33.25
33.26 33.27 33.28 33.29 33.30 33.31 33.32 33.33 34.1 34.2 34.3 34.4 34.5 34.6 34.7 34.8 34.9 34.10 34.11 34.12 34.13 34.14 34.15 34.16 34.17 34.18 34.19 34.20 34.21 34.22 34.23 34.24 34.25 34.26 34.27 34.28
34.29 34.30 34.31 34.32 34.33 34.34 34.35 35.1 35.2 35.3 35.4 35.5 35.6 35.7 35.8 35.9 35.10 35.11 35.12 35.13 35.14 35.15 35.16 35.17 35.18 35.19 35.20 35.21 35.22 35.23 35.24 35.25 35.26 35.27 35.28 35.29 35.30 35.31 35.32 35.33 35.34 35.35 35.36
36.1 36.2
36.3 36.4 36.5 36.6 36.7 36.8 36.9 36.10 36.11 36.12 36.13 36.14 36.15 36.16 36.17 36.18 36.19 36.20 36.21 36.22 36.23 36.24 36.25 36.26 36.27 36.28 36.29 36.30 36.31 36.32 36.33
37.1 37.2 37.3 37.4 37.5 37.6 37.7 37.8 37.9 37.10 37.11 37.12 37.13 37.14 37.15 37.16 37.17 37.18 37.19 37.20 37.21 37.22 37.23 37.24 37.25 37.26 37.27 37.28 37.29 37.30 37.31 37.32 37.33 37.34 37.35 37.36 38.1 38.2 38.3 38.4 38.5 38.6 38.7 38.8 38.9 38.10 38.11 38.12 38.13 38.14 38.15 38.16 38.17 38.18 38.19 38.20 38.21 38.22 38.23 38.24 38.25 38.26 38.27 38.28 38.29
38.30 38.31
38.32 38.33 39.1 39.2 39.3 39.4 39.5 39.6 39.7 39.8 39.9 39.10 39.11 39.12 39.13 39.14 39.15 39.16 39.17 39.18 39.19 39.20 39.21 39.22 39.23 39.24 39.25 39.26 39.27 39.28 39.29 39.30 39.31
39.32 39.33
39.34 39.35 40.1 40.2 40.3 40.4 40.5 40.6 40.7
40.8 40.9
40.10 40.11 40.12 40.13 40.14
40.15 40.16
40.17 40.18 40.19 40.20 40.21 40.22 40.23 40.24 40.25 40.26 40.27 40.28 40.29 40.30 40.31 40.32 41.1 41.2 41.3 41.4 41.5 41.6 41.7 41.8 41.9 41.10 41.11 41.12 41.13 41.14 41.15 41.16 41.17 41.18
41.19 41.20
41.21 41.22 41.23 41.24 41.25 41.26 41.27 41.28 41.29 41.30 41.31 41.32 41.33 41.34 42.1 42.2 42.3 42.4
42.5 42.6
42.7 42.8 42.9 42.10 42.11 42.12 42.13 42.14 42.15 42.16 42.17 42.18 42.19 42.20 42.21 42.22 42.23 42.24 42.25 42.26 42.27 42.28 42.29 42.30 42.31 42.32 42.33 42.34 42.35 43.1 43.2 43.3 43.4 43.5 43.6 43.7 43.8
43.9 43.10
43.11 43.12 43.13 43.14 43.15 43.16 43.17 43.18 43.19 43.20 43.21 43.22 43.23 43.24 43.25 43.26 43.27 43.28 43.29 43.30 43.31 43.32 43.33 43.34 43.35 44.1 44.2 44.3 44.4 44.5 44.6 44.7 44.8 44.9 44.10 44.11 44.12 44.13
44.14 44.15
44.16 44.17 44.18 44.19 44.20 44.21 44.22 44.23 44.24 44.25 44.26 44.27 44.28 44.29 44.30 44.31 44.32 44.33 44.34 44.35 45.1 45.2 45.3 45.4 45.5 45.6 45.7 45.8 45.9 45.10 45.11 45.12 45.13
45.14 45.15 45.16 45.17 45.18 45.19 45.20 45.21 45.22 45.23 45.24 45.25 45.26 45.27 45.28 45.29 45.30 45.31 45.32 45.33 45.34 45.35 46.1 46.2
46.3 46.4
46.5 46.6 46.7 46.8 46.9 46.10 46.11 46.12 46.13 46.14 46.15 46.16 46.17 46.18
46.19 46.20
46.21 46.22
46.23 46.24 46.25 46.26 46.27 46.28 46.29 46.30 46.31 46.32
47.1 47.2 47.3 47.4 47.5 47.6 47.7 47.8 47.9 47.10 47.11 47.12 47.13 47.14 47.15 47.16 47.17 47.18 47.19 47.20 47.21 47.22 47.23 47.24 47.25 47.26 47.27 47.28 47.29 47.30 47.31 47.32 47.33 47.34 47.35 48.1 48.2 48.3 48.4 48.5 48.6 48.7 48.8
48.9 48.10 48.11 48.12 48.13 48.14 48.15 48.16 48.17 48.18 48.19 48.20 48.21 48.22 48.23 48.24 48.25
48.26 48.27 48.28 48.29 48.30 48.31 48.32 48.33 48.34 49.1 49.2 49.3
49.4 49.5 49.6 49.7 49.8 49.9 49.10 49.11 49.12 49.13 49.14 49.15 49.16 49.17 49.18 49.19 49.20 49.21 49.22 49.23 49.24 49.25 49.26 49.27 49.28 49.29 49.30 49.31 49.32 49.33 49.34 49.35 50.1 50.2 50.3 50.4 50.5 50.6 50.7 50.8 50.9 50.10 50.11 50.12 50.13 50.14 50.15 50.16 50.17 50.18 50.19 50.20 50.21 50.22 50.23 50.24 50.25 50.26
50.27 50.28 50.29 50.30 50.31 50.32 50.33 50.34 50.35 51.1 51.2 51.3 51.4 51.5
51.6 51.7 51.8 51.9 51.10 51.11 51.12 51.13 51.14 51.15 51.16 51.17 51.18 51.19 51.20 51.21 51.22 51.23 51.24 51.25 51.26 51.27 51.28 51.29 51.30 51.31 51.32 51.33 51.34 51.35 52.1 52.2 52.3 52.4 52.5 52.6 52.7 52.8 52.9 52.10 52.11 52.12
52.13 52.14 52.15 52.16 52.17 52.18 52.19 52.20 52.21
52.22 52.23 52.24 52.25 52.26 52.27 52.28 52.29 52.30 52.31 52.32 52.33 53.1 53.2 53.3 53.4 53.5 53.6 53.7 53.8 53.9 53.10 53.11 53.12 53.13 53.14 53.15 53.16 53.17 53.18 53.19 53.20 53.21 53.22 53.23 53.24 53.25 53.26
53.27 53.28 53.29 53.30 53.31 53.32 53.33 53.34 53.35 54.1 54.2 54.3 54.4 54.5 54.6 54.7 54.8 54.9 54.10 54.11 54.12 54.13 54.14 54.15 54.16 54.17 54.18 54.19
54.20 54.21 54.22 54.23 54.24 54.25 54.26 54.27 54.28 54.29 54.30 54.31 54.32 54.33 54.34 54.35 55.1 55.2 55.3 55.4 55.5 55.6 55.7 55.8 55.9
55.10 55.11 55.12 55.13 55.14 55.15 55.16
55.17 55.18
55.19 55.20 55.21 55.22
A bill for an act
relating to criminal justice; lowering the penalty for the performance of
acts prohibited by statutes for which no penalty is specified; regulating the
possession and purchase of firearms, ammunition, and suppressors; prohibiting a
bondsman or bail enforcement agent from wearing uniform or driving vehicle
the color of law enforcement; regulating the use of unmanned aerial vehicles
by law enforcement agencies; requiring outside law enforcement agencies to
investigate peace officer-involved incidents; addressing numerous issues relating
to juveniles including diversion, use of restraints, and sentencing; modifying
forfeiture laws and how proceeds from the sale of forfeited property are used,
what reports are required, and how policies are adopted; establishing the burden
of production on the innocent owner claimant and the burden of proof on the
prosecutor in an innocent owner forfeiture case involving DWI, designated
offenses, controlled substance offenses, fleeing offenses, and prostitution
offenses; expanding the homestead exemption in forfeiture cases; restoring
the civil right to vote of an individual upon release from incarceration and
requiring notice; repealing county attorney obligation to promptly investigate
voter registration and eligibility; amending Minnesota Statutes 2014, sections
6.74; 84.7741, subdivision 10; 97A.421, by adding a subdivision; 169.98,
by adding a subdivision; 169A.60, subdivision 1; 169A.63, subdivisions 1,
7, 9, 10; 201.014, by adding a subdivision; 201.071, subdivision 1; 201.12,
subdivisions 2, 3; 201.13, subdivision 3; 201.14; 201.157; 204C.08, subdivision
1d; 204C.10; 244.05, subdivisions 4, 5; 260B.001, subdivision 2; 260B.125, by
adding a subdivision; 260B.130, subdivision 4; 609.02, by adding a subdivision;
609.106, subdivision 2, by adding a subdivision; 609.11, subdivision 9; 609.165;
609.3455, subdivision 2; 609.531, subdivisions 1, 8, by adding subdivisions;
609.5311, subdivision 3; 609.5312, subdivisions 2, 3, 4; 609.5315, subdivisions
1, 6; 609.5318, subdivision 5; 609.66, subdivisions 1a, 1g; 624.71; 624.712, by
adding a subdivision; 624.713, subdivisions 1, 1a, 2, 3, 4; 624.714, subdivision
16; 624.715; 626.88; 645.241; proposing coding for new law in Minnesota
Statutes, chapters 5B; 201; 243; 260B; 624; 626; repealing Minnesota Statutes
2014, sections 97B.031, subdivision 4; 201.155; 201.275; 609.66, subdivision 1h.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PUBLIC SAFETY
Section 1.
new text begin
[5B.13] CRIMINAL PENALTY.
new text end
new text begin
When the performance of any act is prohibited under this chapter as of February
1, 2015, but no criminal or civil penalty is provided, the commission of the act is a
misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to acts
committed on or after that date.
new text end
Sec. 2.
Minnesota Statutes 2014, section 97A.421, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin License revocation after conviction; firearm suppressor. new text end
new text begin
(a) A person
who is convicted of a violation under paragraph (b) and possessed a firearm with a
suppressor may not obtain a hunting license or hunt wild animals for five years from the
date of conviction.
new text end
new text begin
(b) The revocation under this subdivision applies to convictions of:
new text end
new text begin
(1) trespass as provided in section 97A.315, subdivision 1, paragraph (b);
new text end
new text begin
(2) hunting game in closed season;
new text end
new text begin
(3) hunting game more than one-half hour before legal shooting hours or more than
one-half hour after legal shooting hours; or
new text end
new text begin
(4) using artificial lights to spot, locate, or take wild animals while in possession of
a firearm.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 3.
Minnesota Statutes 2014, section 169.98, is amended by adding a subdivision
to read:
new text begin Subd. 3a. new text end
new text begin Bondsman or bail enforcement agent vehicle. new text end
new text begin
All motor vehicles
that are used by a bondsman or bail enforcement agent as defined in section 626.88,
subdivision 1, paragraph (d), may have any color other than those specified in subdivision
1 for law enforcement vehicles. A bondsman or bail enforcement agent may not display
markings on the vehicle in the form of a police shield, star, or any similar emblem that is
typically associated with a marked law enforcement vehicle.
new text end
Sec. 4.
Minnesota Statutes 2014, section 609.02, is amended by adding a subdivision
to read:
new text begin Subd. 17. new text end
new text begin Ammunition. new text end
new text begin
"Ammunition" means ammunition or cartridge cases,
primers, bullets, or propellent powder designed for use in any firearm.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 5.
Minnesota Statutes 2014, section 609.11, subdivision 9, is amended to read:
Subd. 9.
Applicable offenses.
The crimes for which mandatory minimum
sentences shall be served as provided in this section are: murder in the first, second,
or third degree; assault in the first, second, or third degree; burglary; kidnapping; false
imprisonment; manslaughter in the first or second degree; aggravated robbery; simple
robbery; first-degree or aggravated first-degree witness tampering; criminal sexual
conduct under the circumstances described in sections 609.342, subdivision 1, clauses
(a) to (f); 609.343, subdivision 1, clauses (a) to (f); and 609.344, subdivision 1, clauses
(a) to (e) and (h) to (j); escape from custody; arson in the first, second, or third degree;
drive-by shooting under section 609.66, subdivision 1e; stalking under section 609.749,
subdivision 3, clause (3); possession or other unlawful use of a firearmnew text begin or ammunition
new text end in violation of section 609.165, subdivision 1b, or 624.713, subdivision 1, clause (2), a
felony violation of chapter 152; or any attempt to commit any of these offenses.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2014, section 609.165, is amended to read:
609.165 RESTORATION OF CIVIL RIGHTS; POSSESSION OF FIREARMS
new text begin AND AMMUNITIONnew text end .
Subdivision 1.
Restoration.
When a person has been deprived of civil rights by
reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
person to all civil rights and to full citizenship, with full right to vote and hold office, the
same as if such conviction had not taken place, and the order of discharge shall so provide.
Subd. 1a.
Certain convicted felons ineligible to possess firearmsnew text begin or ammunitionnew text end .
The order of discharge must provide that a person who has been convicted of a crime of
violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport,
possess, or receive a firearmnew text begin or ammunitionnew text end for the remainder of the person's lifetime.
Any person who has received such a discharge and who thereafter has received a relief
of disability under United States Code, title 18, section 925, or whose ability to possess
firearmsnew text begin and ammunitionnew text end has been restored under subdivision 1d, shall not be subject to
the restrictions of this subdivision.
Subd. 1b.
Violation and penalty.
(a) Any person who has been convicted of a
crime of violence, as defined in section 624.712, subdivision 5, and who ships, transports,
possesses, or receives a firearmnew text begin or ammunitionnew text end , commits 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.
(b) A conviction and sentencing under this section shall be construed to bar a
conviction and sentencing for a violation of section 624.713, subdivision 2.
(c) The criminal penalty in paragraph (a) does not apply to any person who has
received a relief of disability under United States Code, title 18, section 925, or whose
ability to possess firearmsnew text begin and ammunitionnew text end has been restored under subdivision 1d.
Subd. 1d.
Judicial restoration of ability to possess deleted text begin firearmdeleted text end new text begin firearms and
ammunitionnew text end by felon.
A person prohibited by state law from shipping, transporting,
possessing, or receiving a firearm new text begin or ammunition new text end because of a conviction or a delinquency
adjudication for committing a crime of violence may petition a court to restore the
person's ability to possess, receive, ship, or transport firearms and otherwise deal with
firearmsnew text begin and ammunitionnew text end .
The court may grant the relief sought if the person shows good cause to do so and
the person has been released from physical confinement.
If a petition is denied, the person may not file another petition until three years have
elapsed without the permission of the court.
Subd. 2.
Discharge.
The discharge may be:
(1) by order of the court following stay of sentence or stay of execution of sentence; or
(2) upon expiration of sentence.
Subd. 3.
Applicability.
This section does not apply to a forfeiture of and
disqualification for public office as provided in section 609.42, subdivision 2.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2014, section 609.66, subdivision 1a, is amended to read:
Subd. 1a.
Felony crimes; deleted text begin silencers prohibiteddeleted text end new text begin suppressorsnew text end ; reckless discharge.
(a) deleted text begin Except as otherwise provided in subdivision 1h,deleted text end Whoever does any of the following is
guilty of a felony and may be sentenced as provided in paragraph (b):
(1) sells or has in possession deleted text begin any device designed to silence or muffle the discharge
of a firearmdeleted text end new text begin a suppressor that is not lawfully possessed under federal lawnew text end ;
(2) intentionally discharges a firearm under circumstances that endanger the safety
of another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced as follows:
(1) if the act was a violation of paragraph (a), clause (2), or if the act was a violation
of paragraph (a), clause (1) or (3), and was committed in a public housing zone, as defined
in section 152.01, subdivision 19, a school zone, as defined in section 152.01, subdivision
14a, or a park zone, as defined in section 152.01, subdivision 12a, to imprisonment for not
more than five years or to payment of a fine of not more than $10,000, or both; or
(2) otherwise, to imprisonment for not more than two years or to payment of a fine
of not more than $5,000, or both.
new text begin
(c) As used in this subdivision, "suppressor" means any device for silencing, muffling,
or diminishing the report of a portable firearm, including any combination of parts,
designed or redesigned, and intended for use in assembling or fabricating a firearm silencer
or firearm muffler, and any part intended only for use in such assembly or fabrication.
new text end
Sec. 8.
Minnesota Statutes 2014, section 609.66, subdivision 1g, is amended to read:
Subd. 1g.
Felony; possession in courthouse or certain state buildings.
(a)
A person who commits either of the following acts 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:
(1) possesses a dangerous weapon, ammunition, or explosives within any courthouse
complex; or
(2) possesses a dangerous weapon, ammunition, or explosives in any state building
within the Capitol Area described in chapter 15B, other than the National Guard Armory.
(b) Unless a person is otherwise prohibited or restricted by other law to possess a
dangerous weapon, this subdivision does not apply to:
(1) licensed peace officers or military personnel who are performing official duties;
(2) persons who carry pistols according to the terms of a permit issued under section
624.714 and who so notify the sheriff or the commissioner of public safety, as appropriate;
(3) persons who possess dangerous weapons for the purpose of display as
demonstrative evidence during testimony at a trial or hearing or exhibition in compliance
with advance notice and safety guidelines set by the sheriff or the commissioner of public
safety; or
(4) persons who possess dangerous weapons in a courthouse complex with the
express consent of the county sheriff or who possess dangerous weapons in a state building
with the express consent of the commissioner of public safety.
new text begin
(c) For purposes of this subdivision, the issuance of a permit to carry under section
624.714 constitutes notification of the commissioner of public safety as required under
paragraph (b), clause (2).
new text end
Sec. 9.
Minnesota Statutes 2014, section 624.71, is amended to read:
624.71 GUN CONTROL; APPLICATION OF FEDERAL LAW.
Subdivision 1.
Application.
Notwithstanding any other law to the contrary, it shall
be lawful for any federally licensed importer, manufacturer, dealer, or collector to sell and
deliver firearms and ammunition to a resident of deleted text begin a contiguousdeleted text end new text begin anynew text end state in any instance
where such sale and delivery is lawful under the federal Gun Control Act of 1968 (Public
Law 90-618).
Subd. 2.
Contiguous state purchases.
Notwithstanding any other law to
the contrary, it shall be lawful for a resident of Minnesota to purchase firearms and
ammunition in deleted text begin a contiguousdeleted text end new text begin anynew text end state in any instance where such sale and delivery is
lawful under the federal Gun Control Act of 1968 (Public Law 90-618).
Sec. 10.
Minnesota Statutes 2015, section 624.712, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Ammunition. new text end
new text begin
"Ammunition" means ammunition or cartridge cases,
primers, bullets, or propellent powder designed for use in any firearm.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2014, section 624.713, subdivision 1, is amended to read:
Subdivision 1.
Ineligible persons.
The following persons shall not be entitled to
possess new text begin ammunition or new text end a pistol or semiautomatic military-style assault weapon or, except
for clause (1), any other firearm:
(1) a person under the age of 18 years except that a person under 18 new text begin may possess
ammunition designed for use in a firearm that the person may lawfully possess and new text end may
carry or possess a pistol or semiautomatic military-style assault weapon (i) in the actual
presence or under the direct supervision of the person's parent or guardian, (ii) for the
purpose of military drill under the auspices of a legally recognized military organization
and under competent supervision, (iii) for the purpose of instruction, competition, or target
practice on a firing range approved by the chief of police or county sheriff in whose
jurisdiction the range is located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship and safety with a pistol
or semiautomatic military-style assault weapon and approved by the commissioner of
natural resources;
(2) except as otherwise provided in clause (9), a person who has been convicted of,
or adjudicated delinquent or convicted as an extended jurisdiction juvenile for committing,
in this state or elsewhere, a crime of violence. For purposes of this section, crime of
violence includes crimes in other states or jurisdictions which would have been crimes of
violence as herein defined if they had been committed in this state;
(3) a person who is or has ever been committed in Minnesota or elsewhere by
a judicial determination that the person is mentally ill, developmentally disabled, or
mentally ill and dangerous to the public, as defined in section 253B.02, to a treatment
facility, or who has ever been found incompetent to stand trial or not guilty by reason of
mental illness, unless the person's ability to possess a firearm new text begin and ammunition new text end has been
restored under subdivision 4;
(4) a person who has been convicted in Minnesota or elsewhere of a misdemeanor or
gross misdemeanor violation of chapter 152, unless three years have elapsed since the
date of conviction and, during that time, the person has not been convicted of any other
such violation of chapter 152 or a similar law of another state; or a person who is or has
ever been committed by a judicial determination for treatment for the habitual use of a
controlled substance or marijuana, as defined in sections 152.01 and 152.02, unless the
person's ability to possess a firearmnew text begin and ammunitionnew text end has been restored under subdivision 4;
(5) a person who has been committed to a treatment facility in Minnesota or
elsewhere by a judicial determination that the person is chemically dependent as defined
in section 253B.02, unless the person has completed treatment or the person's ability to
possess a firearmnew text begin and ammunitionnew text end has been restored under subdivision 4. Property rights
may not be abated but access may be restricted by the courts;
(6) a peace officer who is informally admitted to a treatment facility pursuant to
section 253B.04 for chemical dependency, unless the officer possesses a certificate from
the head of the treatment facility discharging or provisionally discharging the officer from
the treatment facility. Property rights may not be abated but access may be restricted
by the courts;
(7) a person, including a person under the jurisdiction of the juvenile court, who
has been charged with committing a crime of violence and has been placed in a pretrial
diversion program by the court before disposition, until the person has completed the
diversion program and the charge of committing the crime of violence has been dismissed;
(8) except as otherwise provided in clause (9), a person who has been convicted in
another state of committing an offense similar to the offense described in section 609.224,
subdivision 3, against a family or household member or section 609.2242, subdivision
3, unless three years have elapsed since the date of conviction and, during that time, the
person has not been convicted of any other violation of section 609.224, subdivision 3, or
609.2242, subdivision 3, or a similar law of another state;
(9) a person who has been convicted in this state or elsewhere of assaulting a family
or household member and who was found by the court to have used a firearm in any way
during commission of the assault is prohibited from possessing any type of firearmnew text begin or
ammunitionnew text end for the period determined by the sentencing court;
(10) a person who:
(i) has been convicted in any court of a crime punishable by imprisonment for a
term exceeding one year;
(ii) is a fugitive from justice as a result of having fled from any state to avoid
prosecution for a crime or to avoid giving testimony in any criminal proceeding;
(iii) is an unlawful user of any controlled substance as defined in chapter 152;
(iv) has been judicially committed to a treatment facility in Minnesota or elsewhere
as a person who is mentally ill, developmentally disabled, or mentally ill and dangerous to
the public, as defined in section 253B.02;
(v) is an alien who is illegally or unlawfully in the United States;
(vi) has been discharged from the armed forces of the United States under
dishonorable conditions;
(vii) has renounced the person's citizenship having been a citizen of the United
States; or
(viii) is disqualified from possessing a firearm under United States Code, title 18,
section 922(g)(8) or (9), as amended through March 1, 2014;
(11) a person who has been convicted of the following offenses at the gross
misdemeanor level, unless three years have elapsed since the date of conviction and, during
that time, the person has not been convicted of any other violation of these sections: section
609.229 (crimes committed for the benefit of a gang); 609.2231, subdivision 4 (assaults
motivated by bias); 609.255 (false imprisonment); 609.378 (neglect or endangerment of a
child); 609.582, subdivision 4 (burglary in the fourth degree); 609.665 (setting a spring
gun); 609.71 (riot); or 609.749 (stalking). For purposes of this paragraph, the specified
gross misdemeanor convictions include crimes committed in other states or jurisdictions
which would have been gross misdemeanors if conviction occurred in this state;
(12) a person who has been convicted of a violation of section 609.224 if the court
determined that the assault was against a family or household member in accordance with
section 609.2242, subdivision 8 (domestic assault), unless three years have elapsed since
the date of conviction and, during that time, the person has not been convicted of another
violation of section 609.224 or a violation of a section listed in clause (11); or
(13) a person who is subject to an order for protection as described in section
260C.201, subdivision 3, paragraph (d), or 518B.01, subdivision 6, paragraph (g).
A person who issues a certificate pursuant to this section in good faith is not
liable for damages resulting or arising from the actions or misconduct with a firearm new text begin or
ammunition new text end committed by the individual who is the subject of the certificate.
The prohibition in this subdivision relating to the possession of firearms other than
pistols and semiautomatic military-style assault weapons does not apply retroactively
to persons who are prohibited from possessing a pistol or semiautomatic military-style
assault weapon under this subdivision before August 1, 1994.
The lifetime prohibition on possessing, receiving, shipping, or transporting firearms
new text begin and ammunition new text end for persons convicted or adjudicated delinquent of a crime of violence
in clause (2), applies only to offenders who are discharged from sentence or court
supervision for a crime of violence on or after August 1, 1993.
For purposes of this section, "judicial determination" means a court proceeding
pursuant to sections 253B.07 to 253B.09 or a comparable law from another state.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2014, section 624.713, subdivision 1a, is amended to read:
Subd. 1a.
Ineligible to receive, ship, transport.
A person presently charged with
a crime punishable by imprisonment for a term exceeding one year shall not be entitled
to receive, ship, or transport any new text begin ammunition or new text end pistol or semiautomatic military-style
assault weapon. A violation of this subdivision is a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2014, section 624.713, subdivision 2, is amended to read:
Subd. 2.
Penalties.
(a) A person named in subdivision 1, clause (1), who possesses
new text begin ammunition or new text end a pistol or semiautomatic military-style assault weapon new text begin in violation of that
clause new text end 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.
(b) A person named in subdivision 1, clause (2), who possesses any type of firearm
new text begin or ammunitionnew text end 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. This paragraph
does not apply to any person who has received a relief of disability under United States
Code, title 18, section 925, or whose ability to possess firearms new text begin and ammunition new text end has been
restored under section 609.165, subdivision 1d.
(c) A person named in any other clause of subdivision 1 who possesses any type of
firearm new text begin or ammunition new text end is guilty of a gross misdemeanor.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2014, section 624.713, subdivision 3, is amended to read:
Subd. 3.
Notice.
(a) When a person is convicted of, or adjudicated delinquent or
convicted as an extended jurisdiction juvenile for committing, a crime of violence as defined
in section 624.712, subdivision 5, the court shall inform the defendant that the defendant is
prohibited from possessing new text begin ammunition or new text end a pistol or semiautomatic military-style assault
weapon for the remainder of the person's lifetime, and that it is a felony offense to violate
this prohibition. The failure of the court to provide this information to a defendant does
not affect the applicability of the new text begin ammunition or new text end pistol or semiautomatic military-style
assault weapon possession prohibition or the felony penalty to that defendant.
(b) When a person, including a person under the jurisdiction of the juvenile court, is
charged with committing a crime of violence and is placed in a pretrial diversion program
by the court before disposition, the court shall inform the defendant that: (1) the defendant
is prohibited from possessing new text begin ammunition or new text end a pistol or semiautomatic military-style
assault weapon until the person has completed the diversion program and the charge of
committing a crime of violence has been dismissed; (2) it is a gross misdemeanor offense
to violate this prohibition; and (3) if the defendant violates this condition of participation
in the diversion program, the charge of committing a crime of violence may be prosecuted.
The failure of the court to provide this information to a defendant does not affect the
applicability of thenew text begin ammunition ornew text end pistol or semiautomatic military-style assault weapon
possession prohibition or the gross misdemeanor penalty to that defendant.
(c) A court shall notify a person subject to subdivision 1, clause (3), of the
prohibitions described in that clause and those described in United States Code, title 18,
sections 922(d)(4) and 922(g)(4).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2014, section 624.713, subdivision 4, is amended to read:
Subd. 4.
Restoration of firearms new text begin and ammunition new text end eligibility to civilly committed
person; petition authorized.
(a) A person who is prohibited from possessing a firearm
new text begin or ammunition new text end under subdivision 1, due to commitment resulting from a judicial
determination that the person is mentally ill, developmentally disabled, mentally ill and
dangerous, or chemically dependent, may petition a court to restore the person's ability to
possess a firearmnew text begin or ammunitionnew text end .
(b) The court may grant the relief sought in paragraph (a) in accordance with
the principles of due process if the circumstances regarding the person's disqualifying
condition and the person's record and reputation are determined to be such that:
(1) the person is not likely to act in a manner that is dangerous to public safety; and
(2) the granting of relief would not be contrary to the public interest.
(c) When determining whether a person has met the requirement of paragraph (b),
clause (1), the court may consider evidence from a licensed medical doctor or clinical
psychologist that the person is no longer suffering from the disease or condition that
caused the disability or that the disease or condition has been successfully treated for a
period of three consecutive years.
(d) Review on appeal shall be de novo.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 16.
new text begin
[624.7133] PURCHASING FIREARM ON BEHALF OF INELIGIBLE
PERSON.
new text end
new text begin
Any person who purchases or otherwise obtains a firearm on behalf of or for transfer
to a person known to be ineligible to possess or purchase a firearm pursuant to federal or
state law is guilty of a gross misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2014, section 624.714, subdivision 16, is amended to read:
Subd. 16.
Recognition of permits from other states.
(a) The commissioner must
annually establish and publish a list of other states that have laws governing the issuance
of permits to carry weapons that are not deleted text begin substantiallydeleted text end similar to this section. The list
must be available on the Internet. A person holding a carry permit from a state not on
the list may use the license or permit in this state subject to the rights, privileges, and
requirements of this section.
(b) Notwithstanding paragraph (a), no license or permit from another state is valid in
this state if the holder is or becomes prohibited by law from possessing a firearm.
(c) Any sheriff or police chief may file a petition under subdivision 12 seeking an
order suspending or revoking an out-of-state permit holder's authority to carry a pistol in
this state on the grounds set forth in subdivision 6, paragraph (a), clause (3). An order shall
only be issued if the petitioner meets the burden of proof and criteria set forth in subdivision
12. If the court denies the petition, the court must award the permit holder reasonable
costs and expenses including attorney fees. The petition may be filed in any county in the
state where a person holding a license or permit from another state can be found.
(d) The commissioner must, when necessary, execute reciprocity agreements
regarding carry permits with jurisdictions whose carry permits are recognized under
paragraph (a).
Sec. 18.
Minnesota Statutes 2014, section 624.715, is amended to read:
624.715 EXEMPTIONS; ANTIQUES AND ORNAMENTS.
Sections 624.713 and 624.714 shall not apply to antique firearms which are carried
or possessed as curiosities or for their historical significance or valuenew text begin , or to ammunition or
primers, projectiles, or propellent powder designed solely for use in an antique firearmnew text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 19.
new text begin
[624.7192] AUTHORITY TO SEIZE AND CONFISCATE FIREARMS.
new text end
new text begin
(a) This section applies only during the effective period of a state of emergency
proclaimed by the governor relating to a public disorder or disaster.
new text end
new text begin
(b) A peace officer who is acting in the lawful discharge of the officer's official duties
without a warrant may disarm a lawfully detained individual only temporarily and only if
the officer reasonably believes it is immediately necessary for the protection of the officer
or another individual. Before releasing the individual, the peace officer must return to the
individual any seized firearms and ammunition, and components thereof, any firearms
accessories and ammunition reloading equipment and supplies, and any other personal
weapons taken from the individual, unless the officer: (1) takes the individual into
physical custody for engaging in criminal activity or for observation pursuant to section
253B.05, subdivision 2; or (2) seizes the items as evidence pursuant to an investigation for
the commission of the crime for which the individual was arrested.
new text end
new text begin
(c) Notwithstanding any other law to the contrary, no governmental unit, government
official, government employee, peace officer, or other person or body acting under
governmental authority or color of law may undertake any of the following actions with
regard to any firearms and ammunition, and components thereof; any firearms accessories
and ammunition reloading equipment and supplies; and any other personal weapons:
new text end
new text begin
(1) prohibit, regulate, or curtail the otherwise lawful possession, carrying,
transportation, transfer, defensive use, or other lawful use of any of these items;
new text end
new text begin
(2) seize, commandeer, or confiscate any of these items in any manner, except as
expressly authorized in paragraph (b);
new text end
new text begin
(3) suspend or revoke a valid permit issued pursuant to section 624.7131 or 624.714,
except as expressly authorized in those sections; or
new text end
new text begin
(4) close or limit the operating hours of businesses that lawfully sell or service any
of these items, unless such closing or limitation of hours applies equally to all forms
of commerce.
new text end
new text begin
(d) No provision of law relating to a public disorder or disaster emergency
proclamation by the governor or any other governmental or quasi-governmental official,
including but not limited to emergency management powers pursuant to chapters 9
and 12, shall be construed as authorizing the governor or any other governmental or
quasi-governmental official of this state or any of its political subdivisions acting at
the direction of the governor or another official to act in violation of this paragraph
or paragraphs (b) and (c).
new text end
new text begin
(e)(1) An individual aggrieved by a violation of this section may seek relief in an
action at law or in equity or in any other proper proceeding for damages, injunctive relief,
or other appropriate redress against a person who commits or causes the commission of
this violation. Venue must be in the district court having jurisdiction over the county in
which the aggrieved individual resides or in which the violation occurred.
new text end
new text begin
(2) In addition to any other remedy available at law or in equity, an individual
aggrieved by the seizure or confiscation of an item listed in paragraph (c) in violation of
this section may make application for the immediate return of the items to the office of the
clerk of court for the county in which the items were seized and, except as provided in
paragraph (b), the court must order the immediate return of the items by the seizing or
confiscating governmental office and that office's employed officials.
new text end
new text begin
(3) In an action or proceeding to enforce this section, the court must award the
prevailing plaintiff reasonable court costs and expenses, including attorney fees.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015.
new text end
Sec. 20.
new text begin
[626.19] USE OF UNMANNED AERIAL VEHICLES.
new text end
new text begin Subdivision 1. new text end
new text begin Definitions. new text end
new text begin
(a) For purposes of this section, the following terms
have the meanings given.
new text end
new text begin
(b) "Adverse result" means:
new text end
new text begin
(1) endangering the life or physical safety of an individual;
new text end
new text begin
(2) flight from prosecution;
new text end
new text begin
(3) destruction of or tampering with evidence;
new text end
new text begin
(4) intimidation of potential witnesses; or
new text end
new text begin
(5) otherwise seriously jeopardizing an investigation or unduly delaying a trial.
new text end
new text begin
(c) "Law enforcement agency" has the meaning given in section 626.84, subdivision
1.
new text end
new text begin
(d) "Unmanned aerial vehicle" or "UAV" means an aircraft that is operated without
the possibility of direct human intervention from within or on the aircraft.
new text end
new text begin Subd. 2. new text end
new text begin Use of unmanned aerial vehicles limited. new text end
new text begin
Except as provided in
subdivision 3, a law enforcement agency may not operate a UAV without a search warrant
issued under this chapter.
new text end
new text begin Subd. 3. new text end
new text begin Exceptions. new text end
new text begin
(a) A law enforcement agency may operate a UAV and
disclose information collected from the operation in an emergency situation that involves
a reasonably likely threat to the life or safety of a person. A law enforcement agency that
deploys a UAV under this paragraph must document the factual basis for the emergency
on a form created for that purpose by the Bureau of Criminal Apprehension and submit a
sworn statement with the district court setting forth the grounds for the emergency use not
later than 48 hours after operation of the UAV commenced.
new text end
new text begin
(b) A law enforcement agency may operate a UAV to collect information from a
public area if a court, upon motion, determines that there are specific and articulable facts
demonstrating reasonable suspicion of criminal activity, that the operation of the UAV
will uncover this activity, and that alternative methods of data collection are either cost
prohibitive or present a significant risk to any person's bodily safety. An order shall not
be issued for a period greater than 48 hours. Extensions of an order may be granted but
shall be no longer than the authorizing judge deems necessary to achieve the purposes for
which it was granted and in no event for longer than 30 days.
new text end
new text begin
(c) A law enforcement agency may operate a UAV to counter a high risk of a terrorist
attack by a specific individual or organization if the agency determines that credible
intelligence indicates this risk. A law enforcement agency that deploys a UAV under this
paragraph must document the factual basis for the use on a form created for that purpose
by the Bureau of Criminal Apprehension and submit a sworn statement with the district
court setting forth the grounds for the use not later than 48 hours after operation of the
UAV commenced. The law enforcement agency may request that the form and statement
be sealed. An order must be issued granting the request in whole or in part if the court
finds reasonable grounds exist to believe that refusing the request may cause the search
or a related search to be unsuccessful, create a substantial risk of injury to an innocent
person, or severely hamper an ongoing investigation.
new text end
new text begin
(d) A law enforcement agency may operate a UAV to prevent the loss of life and
property in natural or man-made disasters and to facilitate the operational planning,
rescue, and recovery operations in the aftermath of these disasters. A law enforcement
agency that deploys a UAV under this paragraph must document the factual basis for the
use on a form created for that purpose by the Bureau of Criminal Apprehension and
submit a sworn statement with the district court setting forth the grounds for the use not
later than 48 hours after operation of the UAV commenced.
new text end
new text begin Subd. 4. new text end
new text begin Limitations on use. new text end
new text begin
(a) A law enforcement agency operating a UAV must
fully comply with all Federal Aviation Administration requirements and guidelines.
new text end
new text begin
(b) Acquisition of UAVs must be approved by the governmental entity overseeing
the law enforcement agency.
new text end
new text begin
(c) Unless specifically authorized in the warrant or order, a UAV shall be operated in
a manner to collect data only on a clearly and narrowly defined target and to avoid data
collection on individuals, homes, or areas other than the defined target.
new text end
new text begin
(d) A law enforcement agency may not deploy facial recognition or other
biometric-matching technology via a UAV unless expressly authorized to do so through
a court order or warrant.
new text end
new text begin
(e) UAVs may not be equipped with weapons.
new text end
new text begin Subd. 5. new text end
new text begin Consensual disclosure of information. new text end
new text begin
A law enforcement agency may
disclose or receive information about any person acquired through the operation of a UAV
if the person has given written consent to the disclosure.
new text end
new text begin Subd. 6. new text end
new text begin Data retention and classification. new text end
new text begin
(a) No data collected on an individual,
home, or area other than the subject identified in the warrant or order may be used,
copied, or disclosed for any purpose except as provided in subdivision 5. Notwithstanding
section 138.17, the data must be deleted as soon as possible, and in no event later than
24 hours after collection.
new text end
new text begin
(b) Data collected pursuant to this section is criminal investigative data under
section 13.82, subdivision 7.
new text end
new text begin Subd. 7. new text end
new text begin Evidence. new text end
new text begin
Information obtained or collected by a law enforcement agency
in violation of this section is not admissible as evidence in a criminal prosecution in any
court of law in this state.
new text end
new text begin Subd. 8. new text end
new text begin Notice. new text end
new text begin
(a) Within a reasonable time but not later than 90 days after the
court unseals a warrant under this subdivision, the issuing or denying judge shall cause
to be served on the persons named in the warrant and the application an inventory that
shall include notice of:
new text end
new text begin
(1) the fact of the issuance of the warrant or the application;
new text end
new text begin
(2) the date of the issuance and the period of authorized, approved, or disapproved
collection of information, or the denial of the application; and
new text end
new text begin
(3) the fact that during the period information was or was not collected.
new text end
new text begin
(b) A warrant authorizing collection of information must direct that:
new text end
new text begin
(1) the warrant be sealed for a period of 90 days or until the objective of the warrant
has been accomplished, whichever is shorter; and
new text end
new text begin
(2) the warrant be filed with the court administrator within ten days of the expiration
of the warrant.
new text end
new text begin
(c) The prosecutor may request that the warrant, supporting affidavits, and any order
granting the request not be filed. An order must be issued granting the request in whole or
in part if, from affidavits, sworn testimony, or other evidence, the court finds reasonable
grounds exist to believe that filing the warrant may cause the search or a related search
to be unsuccessful, create a substantial risk of injury to an innocent person, or severely
hamper an ongoing investigation.
new text end
new text begin
(d) The warrant must direct that following the commencement of any criminal
proceeding utilizing evidence obtained in or as a result of the search, the supporting
application or affidavit must be filed either immediately or at any other time as the court
directs. Until such filing, the documents and materials ordered withheld from filing must
be retained by the judge or the judge's designee.
new text end
new text begin Subd. 9. new text end
new text begin Remedies for violation. new text end
new text begin
An aggrieved party may initiate a civil action
against a law enforcement agency to obtain all appropriate relief to prevent or remedy a
violation of this section.
new text end
new text begin Subd. 10. new text end
new text begin Reporting. new text end
new text begin
(a) By January 15 of each year, each law enforcement agency
that uses UAVs shall report to the commissioner of public safety the following information
for the preceding calendar year:
new text end
new text begin
(1) the number of times a UAV was used, organized by the types of incidents and
the types of justification for deployment;
new text end
new text begin
(2) the number of criminal investigations aided by the use of UAVs;
new text end
new text begin
(3) the number of uses of UAVs for reasons other than criminal investigations; and
new text end
new text begin
(4) the total cost of the agency's UAV program.
new text end
new text begin
(b) By June 15 of each year, the commissioner of public safety shall compile a full
and complete report summarizing the information submitted to the commissioner under
paragraph (a), and submit the report to the chairs and ranking minority members of the
senate and house of representatives committees having jurisdiction over criminal justice
and public safety issues and make the report public on the department's Web site.
new text end
new text begin
(c) By January 15 of each year, any judge who has issued a warrant or order under
this section that expired during the preceding year, or who has denied approval during that
year, shall report to the state court administrator:
new text end
new text begin
(1) the fact that a warrant, order, or extension was applied for;
new text end
new text begin
(2) the kind of warrant, order, or extension applied for;
new text end
new text begin
(3) the fact that the warrant, order, or extension was granted as applied for, was
modified, or was denied;
new text end
new text begin
(4) the period of UAV use authorized by the warrant or order, and the number and
duration of any extensions of the warrant or order;
new text end
new text begin
(5) the offense specified in the warrant, order, or application, or extension of a
warrant or order; and
new text end
new text begin
(6) the identity of the law enforcement agency making the application and the
person authorizing the application.
new text end
new text begin
(d) By June 15 of each year, the state court administrator shall transmit to the chairs
and ranking minority members of the senate and house of representatives committees
having jurisdiction over criminal justice and public safety issues and post on the Supreme
Court's Web site a full and complete report concerning the number of applications
for warrants or orders authorizing or approving operation of UAVs or disclosure of
information from the operation of UAVs under this section and the number of warrants,
orders, and extensions granted or denied under this section during the preceding calendar
year. The report must include a summary and analysis of the data required to be filed with
the state court administrator by paragraph (c).
new text end
Sec. 21.
Minnesota Statutes 2014, section 626.88, is amended to read:
626.88 UNIFORMS; PEACE OFFICERS, SECURITY GUARDS; COLOR.
Subdivision 1.
Definitions.
(a) For the purposes of this section, the following terms
have the meanings given them.
(b) "Peace officer" means an employee of a political subdivision or state law
enforcement agency who is licensed pursuant to sections 626.84 to 626.863 charged with
the prevention and detection of crime and the enforcement of the general criminal laws of
the state and who has full power of arrest, and shall also include Minnesota state troopers,
state conservation officers, park police, and University of Minnesota police officers.
(c) "Security guard" means any person who is paid a fee, wage, or salary to perform
one or more of the following functions:
(1) prevention or detection of intrusion, unauthorized entry or activity, vandalism,
or trespass on private property;
(2) prevention or detection of theft, loss, embezzlement, misappropriation, or
concealment of merchandise, money, bonds, stocks, notes, or other valuable documents
or papers;
(3) control, regulation, or direction of the flow or movements of the public, whether
by vehicle or otherwise, to assure protection of private property;
(4) protection of individuals from bodily harm;
(5) prevention or detection of intrusion, unauthorized entry or activity, vandalism,
or trespass on Minnesota National Guard facilities, including, but not limited to, Camp
Ripley and Air National Guard air bases; or
(6) enforcement of policies and rules of the security guard's employer related to crime
reduction insofar as such enforcement falls within the scope of security guard's duties.
The term "security guard" does not include: (i) auditors, accountants, and accounting
personnel performing audits or accounting functions; (ii) employees of a firm licensed
pursuant to section 326.3381 whose duties are primarily administrative or clerical in
nature; (iii) unarmed security personnel; (iv) personnel temporarily employed pursuant
to statute or ordinance by political subdivisions to provide protective services at social
functions; (v) employees of air or rail carriers.
new text begin
(d) "Bail bondsman" or "bail enforcement agent" means a surety acting as a bonding
agent or any person who acts at the direction of a surety for the purpose of arresting a
defendant that the surety believes:
new text end
new text begin
(1) is about to flee;
new text end
new text begin
(2) will not appear in court as required by the defendant's recognizance; or
new text end
new text begin
(3) will otherwise not perform the conditions of the recognizance.
new text end
Subd. 2.
Uniforms.
new text begin (a) new text end Uniforms for peace officers shall be of uniform colors
throughout the state as provided herein. Uniforms for:
(1) municipal peace officers, including University of Minnesota peace officers and
peace officers assigned to patrol duties in parks, shall be blue, brown, or green;
(2) peace officers who are members of the county sheriffs' office shall be blue,
brown, or green;
(3) state troopers shall be maroon;
(4) conservation officers shall be green.
new text begin (b) new text end The uniforms of security guards may be any color other than those specified
for peace officers.
new text begin
(c) The uniforms of a bail bondsman or bail enforcement agent or any person who
acts at the direction of a surety may be any color other than those specified for peace
officers. A violation of this paragraph is a petty misdemeanor.
new text end
new text begin (d) new text end This subdivision shall apply to uniforms purchased subsequent to January 1, 1981.
Subd. 3.
Exception.
Security guards employed by the Capitol Complex Security
Division of the Department of Public Safety are not required to comply with subdivision 2.
Sec. 22.
new text begin
[626.891] PEACE OFFICER-INVOLVED INCIDENTS; OUTSIDE
INVESTIGATION REQUIRED.
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: (1) "deadly force" has the
meaning given in section 609.066, subdivision 1; (2) "great bodily harm" means bodily
injury that creates a high probability of death, or causes serious permanent disfigurement,
or causes a permanent or protracted loss or impairment of the function of any bodily
member or organ; (3) "law enforcement agency" has the meaning given in section 626.84,
subdivision 1, paragraph (f); (4) "officer-involved incident" means the use of deadly force
by a peace officer while the officer is on duty or off duty but performing activities that are
within the scope of the officer's law enforcement duties that results in great bodily harm
or death of another; and (5) "peace officer" has the meaning given in section 626.84,
subdivision 1, paragraph (c).
new text end
new text begin Subd. 2. new text end
new text begin Officer-involved incident investigations. new text end
new text begin
The chief law enforcement
officer of a law enforcement agency shall ensure that when a peace officer employed by
the agency is involved in an officer-involved incident, an investigation into the incident
occurs and is conducted by a law enforcement agency other than the agency that employs
the officer. If the officer-involved incident involves a peace officer employed by a police
department in a city of the first class, the required investigation must be conducted by the
Bureau of Criminal Apprehension. If the bureau is not able to conduct the investigation in
a timely manner, another outside agency may be selected to conduct the investigation. The
agency conducting an investigation under this subdivision must expeditiously provide a
complete report to the county attorney of the county in which the officer-involved incident
occurred. An internal investigation into the officer-involved incident may be completed
by the law enforcement agency that employs the officer involved in the incident if the
internal investigation does not interfere with the outside investigation conducted under
this subdivision.
new text end
new text begin Subd. 3. new text end
new text begin Release of report. new text end
new text begin
If the county attorney determines there is no basis to
prosecute the peace officer involved in the officer-involved incident, the attorney shall
inform the law enforcement agency that conducted the investigation of this determination
and the agency shall release the report to the public.
new text end
Sec. 23.
Minnesota Statutes 2014, section 645.241, is amended to read:
645.241 PUNISHMENT FOR PROHIBITED ACTS.
deleted text begin (a) Except as provided in paragraph (b),deleted text end When the performance of any act is
prohibited by a statute, and no penalty for the violation of the same shall be imposed in
any statute, the doing of such act shall be a new text begin petty new text end misdemeanor.
deleted text begin
(b) When the performance of any act is prohibited by a statute enacted or amended
after September 1, 2014, and no penalty for the violation of the same shall be imposed in
any statute, the doing of such act shall be a petty misdemeanor.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to acts
committed on or after that date.
new text end
Sec. 24. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2014, sections 97B.031, subdivision 4; and 609.66, subdivision
1h,
new text end
new text begin
are repealed.
new text end
ARTICLE 2
JUVENILE JUSTICE
Section 1.
Minnesota Statutes 2014, section 244.05, subdivision 4, is amended to read:
Subd. 4.
Minimum imprisonment, life sentence.
(a) An inmate serving a
mandatory life sentence under section 609.106new text begin , subdivision 2,new text end or 609.3455, subdivision 2,
new text begin paragraph (a), new text end must not be given supervised release under this section.
(b) new text begin Except as provided in paragraph (f),new text end an inmate serving a mandatory life sentence
under section 609.185, clause (3), (5), or (6); or Minnesota Statutes 2004, section 609.109,
subdivision 3, must not be given supervised release under this section without having
served a minimum term of 30 years.
(c) An inmate serving a mandatory life sentence under section 609.385 must not
be given supervised release under this section without having served a minimum term of
imprisonment of 17 years.
(d) An inmate serving a mandatory life sentence under section 609.3455, subdivision
3 or 4, must not be given supervised release under this section without having served the
minimum term of imprisonment specified by the court in its sentence.
new text begin
(e) An inmate serving a mandatory life sentence under section 609.106, subdivision
3, or 609.3455, subdivision 2, paragraph (c), must not be given supervised release under
this section without having served a minimum term of imprisonment of 20 years.
new text end
new text begin
(f) An inmate serving a mandatory life sentence for a crime described in paragraph
(b) who was under 18 years of age at the time of the commission of the offense requiring
the life sentence, and who was certified under section 260B.125 or designated an extended
jurisdiction juvenile under section 260B.130, must not be given supervised release under
this section without having served a minimum term of imprisonment of 20 years.
new text end
new text begin EFFECTIVE DATE; RETROACTIVITY. new text end
new text begin
This section is effective the day
following final enactment and applies to offenders sentenced on or after that date, and also
retroactively to offenders sentenced to life without release before that date.
new text end
Sec. 2.
Minnesota Statutes 2014, section 244.05, subdivision 5, is amended to read:
Subd. 5.
Supervised release, life sentence.
(a) The commissioner of corrections
may, under rules promulgated by the commissioner, give supervised release to an inmate
serving a mandatory life sentence under section 609.185, clause (3), (5), or (6);new text begin 609.106,
subdivision 3;new text end 609.3455, subdivision new text begin 2, paragraph (c), new text end 3new text begin ,new text end or 4; 609.385; or Minnesota
Statutes 2004, section 609.109, subdivision 3, after the inmate has served the minimum
term of imprisonment specified in subdivision 4.
(b) The commissioner shall require the preparation of a community investigation
report and shall consider the findings of the report when making a supervised release
decision under this subdivision. The report shall reflect the sentiment of the various
elements of the community toward the inmate, both at the time of the offense and at the
present time. The report shall include the views of the sentencing judge, the prosecutor,
any law enforcement personnel who may have been involved in the case, and any
successors to these individuals who may have information relevant to the supervised
release decision. The report shall also include the views of the victim and the victim's
family unless the victim or the victim's family chooses not to participate.
(c) The commissioner shall make reasonable efforts to notify the victim, in advance,
of the time and place of the inmate's supervised release review hearing. The victim has
a right to submit an oral or written statement at the review hearing. The statement may
summarize the harm suffered by the victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised release at this time.
The commissioner must consider the victim's statement when making the supervised
release decision.
(d) When considering whether to give supervised release to an inmate serving a life
sentence under section 609.3455, subdivision 3 or 4, the commissioner shall consider, at
a minimum, the following: the risk the inmate poses to the community if released, the
inmate's progress in treatment, the inmate's behavior while incarcerated, psychological
or other diagnostic evaluations of the inmate, the inmate's criminal history, and any
other relevant conduct of the inmate while incarcerated or before incarceration. The
commissioner may not give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex offender treatment;
(ii) the inmate has been assessed for chemical dependency needs and, if appropriate,
has successfully completed chemical dependency treatment; and
(iii) the inmate has been assessed for mental health needs and, if appropriate, has
successfully completed mental health treatment; and
(2) a comprehensive individual release plan is in place for the inmate that ensures
that, after release, the inmate will have suitable housing and receive appropriate aftercare
and community-based treatment. The comprehensive plan also must include a postprison
employment or education plan for the inmate.
(e) As used in this subdivision, "victim" means the individual who suffered harm as
a result of the inmate's crime or, if the individual is deceased, the deceased's surviving
spouse or next of kin.
new text begin EFFECTIVE DATE; RETROACTIVITY. new text end
new text begin
This section is effective the day
following final enactment and applies to offenders sentenced on or after that date, and also
retroactively to offenders sentenced to life without release before that date.
new text end
Sec. 3.
Minnesota Statutes 2014, section 260B.001, subdivision 2, is amended to read:
Subd. 2.
Delinquency.
The purpose of the laws relating to children alleged or
adjudicated to be delinquent is to promote the public safety deleted text begin and reducedeleted text end new text begin by reducing
new text end juvenile delinquency by maintaining the integrity of the substantive law prohibiting
certain behavior and by developing individual responsibility for lawful behavior. This
purpose should be pursued through means that are fair and just, that recognize the unique
characteristics and needs of children, and that give children access to opportunities for
personal and social growth.
Sec. 4.
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 recent
behavior.
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
Sec. 5.
Minnesota Statutes 2014, section 260B.125, is amended by adding a
subdivision to read:
new text begin Subd. 11. new text end
new text begin Applicability of mandatory minimum sentences. new text end
new text begin
Notwithstanding
any other law to the contrary, when a person who has been convicted of an offense that
has been certified under this section is sentenced, the sentencing court is not required
to sentence the person under the terms of a mandatory minimum sentence that would
otherwise be applicable to the offense.
new text end
Sec. 6.
Minnesota Statutes 2014, section 260B.130, subdivision 4, is amended to read:
Subd. 4.
Disposition.
(a) If an extended jurisdiction juvenile prosecution results in a
guilty plea or finding of guilt, the court shall:
(1) impose one or more juvenile dispositions under section 260B.198; and
(2) impose an adult criminal sentence, the execution of which shall be stayed on
the condition that the offender not violate the provisions of the disposition order and
not commit a new offense.
(b) If a child prosecuted as an extended jurisdiction juvenile after designation by
the prosecutor in the delinquency petition is convicted of an offense after trial that is not
an offense described in subdivision 1, clause (2), the court shall adjudicate the child
delinquent and order a disposition under section 260B.198. If the extended jurisdiction
juvenile proceeding results in a guilty plea for an offense not described in subdivision 1,
clause (2), the court may impose a disposition under paragraph (a) if the child consents.
new text begin
(c) Notwithstanding any other law to the contrary, when imposing an adult sentence
under paragraph (a), clause (2), the court is not required to sentence the child under the
terms of a mandatory minimum sentence that would otherwise be applicable to the offense.
new text end
Sec. 7.
new text begin
[260B.1755] LAW ENFORCEMENT DIVERSION OF NONVIOLENT
JUVENILE OFFENDERS AUTHORIZED.
new text end
new text begin
(a) A peace officer may refer a child that the officer has the lawful authority to arrest
or has arrested to a diversion program that the law enforcement agency with jurisdiction
over the child deems appropriate.
new text end
new text begin
(b) This section applies only to nonviolent offenses and 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
new text begin
(c) A diversion program authorized by this section may defer prosecution of
juvenile offenders who agree to complete appropriate conditions. Upon completion of the
conditions, the charge shall be dismissed. Both petty offenders and delinquents may be
diverted.
new text end
Sec. 8.
Minnesota Statutes 2014, section 609.106, subdivision 2, is amended to read:
Subd. 2.
Life without release.
new text begin Except as provided in subdivision 3, new text end the court shall
sentence a person to life imprisonment without possibility of release under the following
circumstances:
(1) the person is convicted of first-degree murder under section 609.185, paragraph
(a), clause (1), (2), (4), or (7);
(2) the person is convicted of committing first-degree murder in the course of a
kidnapping under section 609.185, clause (3); or
(3) the person is convicted of first-degree murder under section 609.185, clause (3),
(5), or (6), and the court determines on the record at the time of sentencing that the person
has one or more previous convictions for a heinous crime.
new text begin EFFECTIVE DATE; RETROACTIVITY. new text end
new text begin
This section is effective the day
following final enactment and applies to offenders sentenced on or after that date, and also
retroactively to offenders sentenced to life without release before that date.
new text end
Sec. 9.
Minnesota Statutes 2014, section 609.106, is amended by adding a subdivision
to read:
new text begin Subd. 3. new text end
new text begin Offender under age 18; life imprisonment with possibility of release. new text end
new text begin
If
the defendant was under 18 years of age at the time of the commission of an offense that
would require a life without release sentence under subdivision 2, and the child has been
certified under section 260B.125 or designated an extended jurisdiction juvenile under
section 260B.130, the court shall sentence the defendant to imprisonment for life.
new text end
new text begin EFFECTIVE DATE; RETROACTIVITY. new text end
new text begin
This section is effective the day
following final enactment and applies to offenders sentenced on or after that date, and also
retroactively to offenders sentenced to life without release before that date.
new text end
Sec. 10.
Minnesota Statutes 2014, section 609.3455, subdivision 2, is amended to read:
Subd. 2.
Mandatory life sentence without release; egregious first-time and
repeat offenders.
(a) new text begin Except as provided in paragraph (c), new text end notwithstanding the statutory
maximum penalty otherwise applicable to the offense, the court shall sentence a person
convicted under section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or (h); or
609.343, subdivision 1, paragraph (c), (d), (e), (f), or (h), 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, or 609.344, 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.
new text begin
(c) If the defendant was under 18 years of age at the time of the commission of an
offense that would require a life without release sentence under paragraph (a), and the child
has been certified under section 260B.125 or designated an extended jurisdiction juvenile
under section 260B.130, the court shall sentence the defendant to imprisonment for life.
new text end
new text begin EFFECTIVE DATE; RETROACTIVITY. new text end
new text begin
This section is effective the day
following final enactment and applies to offenders sentenced on or after that date, and also
retroactively to offenders sentenced to life without release before that date.
new text end
Sec. 11. new text begin RULE SUPERSEDED.
new text end
new text begin
Minnesota Rules of Juvenile Procedure, rule 2.03, subdivision 1, is superseded to
the extent it conflicts with section 4.
new text end
Sec. 12. new text begin COMPLIANCE WITH JUVENILE RESTRAINT PROVISION.
new text end
new text begin
By July 1, 2016, each judicial district shall develop a protocol to address how to
implement and comply with section 4. In developing the protocol, a district shall consult
with law enforcement agencies, prosecutors, and public defenders within the district, as
well as any other entity deemed necessary by the district's chief judge.
new text end
Sec. 13. new text begin LEGISLATIVE FINDINGS AND INTENT.
new text end
new text begin
The legislature finds that emerging research on brain development indicates that
adolescent brains, and thus adolescent intellectual and emotional capabilities, differ
significantly from those of mature adults. It is appropriate to take these differences into
consideration when sentencing extended jurisdiction juveniles and juveniles tried as
adults. The legislature further finds that requiring mandatory minimum sentences for these
juveniles prevents judges from taking these differences into consideration in appropriate
circumstances. The legislature intends to eliminate the nondiscretionary application of
mandatory minimum sentences to extended jurisdiction juveniles and to juveniles tried as
adults while continuing to apply all other adult sentencing provisions to these juveniles.
new text end
ARTICLE 3
FORFEITURE
Section 1.
Minnesota Statutes 2014, section 6.74, is amended to read:
6.74 INFORMATION COLLECTED FROM LOCAL GOVERNMENTS.
new text begin Subdivision 1. new text end
new text begin General reporting requirements. new text end
The state auditor, or a designated
agent, shall collect annually from all city, county, and other local units of government,
information as to the assessment of property, collection of taxes, receipts from licenses
and other sources including administrative fines assessed and collected pursuant to section
169.999, the expenditure of public funds for all purposes, borrowing, debts, principal and
interest payments on debts, and such other information as may be needful.
new text begin Subd. 2. new text end
new text begin Annual forfeiture expenditures reporting. new text end
new text begin
Each appropriate agency
and prosecuting authority required to report to the state auditor under section 609.5315,
subdivision 6, shall annually report the total dollar amount of expenditures in each of the
following four categories that were made using forfeiture funds during the reporting period:
new text end
new text begin
(1) substance abuse prevention programs, gang programs, informant fees, buy
money, witness protection, and victim reparation;
new text end
new text begin
(2) travel, meals, entertainment, training, and conferences;
new text end
new text begin
(3) vehicles, canines, firearms, police equipment, furniture, computers, office
equipment, and other capital equipment; and
new text end
new text begin
(4) other uses.
new text end
new text begin Subd. 3. new text end
new text begin Forms; state auditor examinations. new text end
The data shall be supplied upon
forms prescribed by the state auditor, and all public officials so called upon shall fill out
properly and return promptly all forms so transmitted. The state auditor or assistants, may
examine local records in order to complete or verify the information.
new text begin EFFECTIVE DATE. new text end
new text begin
This section applies to reporting of financial information for
years ending on or after December 31, 2016.
new text end
Sec. 2.
Minnesota Statutes 2014, section 84.7741, 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 off-highway
vehicle for official use, the agency shall make reasonable efforts to ensure that the
off-highway vehicle is available for use by the agency's officers who participate in
off-highway vehicle enforcement or education programs.
(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 purchasing equipment for off-highway vehicle enforcement, training, and education; 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.
(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
(f) The appropriate agency or prosecuting authority may not use the proceeds
from the sale of forfeited vehicles to pay base salaries, benefits, overtime, or bonuses to
personnel, or to pay a private attorney for services related to forfeiture litigation.
new text end
Sec. 3.
Minnesota Statutes 2014, section 169A.60, subdivision 1, is amended to read:
Subdivision 1.
Definitions.
(a) As used in this section, the following terms have the
meanings given in this subdivision.
(b) "Family or household member" deleted text begin has the meaning given in section 169A.63,
subdivision 1deleted text end new text begin means:
new text end
new text begin
(1) a parent, stepparent, or guardian;
new text end
new text begin
(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
new text end
new text begin (3) persons residing together or persons who regularly associate and communicate
with one another outside of a workplace settingnew text end .
(c) "Motor vehicle" means a self-propelled motor vehicle other than a motorboat in
operation or an off-road recreational vehicle.
(d) "Plate impoundment violation" includes:
(1) a violation of section 169A.20 (driving while impaired) or 169A.52 (license
revocation for test failure or refusal), or an ordinance from this state or a statute or
ordinance from another state in conformity with either of those sections, that results in
the revocation of a person's driver's license or driving privileges, within ten years of a
qualified prior impaired driving incident;
(2) a license disqualification under section 171.165 (commercial driver's license
disqualification) resulting from a violation of section 169A.52 within ten years of a
qualified prior impaired driving incident;
(3) a violation of section 169A.20 or 169A.52 while having an alcohol concentration
of twice the legal limit or more as measured at the time, or within two hours of the time,
of the offense;
(4) a violation of section 169A.20 or 169A.52 while having a child under the age of
16 in the vehicle if the child is more than 36 months younger than the offender; or
(5) a violation of section 171.24 (driving without valid license) by a person whose
driver's license or driving privileges have been canceled or denied under section 171.04,
subdivision 1, clause (10) (persons not eligible for driver's license, inimical to public
safety).
(e) "Violator" means a person who was driving, operating, or in physical control of
the motor vehicle when the plate impoundment violation occurred.
Sec. 4.
Minnesota Statutes 2014, 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).
(c) "Claimant" means an owner of a motor vehicle or a person claiming a leasehold
or security interest in a motor vehicle.
(d) "Designated license revocation" includes a license revocation under section
169A.52 (license revocation for test failure or refusal) or a license disqualification under
section 171.165 (commercial driver's license disqualification) resulting from a violation
of section 169A.52; within ten years of the first of two or more qualified prior impaired
driving incidents.
(e) "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), or 169A.25
(second-degree driving while impaired); or
(2) a violation of section 169A.20 or an ordinance in conformity with it:
(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
(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.
(f) deleted text begin "Family or household member" means:
deleted text end
deleted text begin
(1) a parent, stepparent, or guardian;
deleted text end
deleted text begin
(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
deleted text end
deleted text begin
(3) persons residing together or persons who regularly associate and communicate
with one another outside of a workplace setting.
deleted text end
deleted text begin (g)deleted 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 (g)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 (h)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 (i)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.
Sec. 5.
Minnesota Statutes 2014, 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;
(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
(3) 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) deleted text begin 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.deleted text end new text begin The limitations and defenses in section 609.531, subdivisions 9 and 10, apply
to forfeitures under this section.
new text end
deleted text begin
(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 end
deleted text begin
(d) A motor vehicle is not subject to forfeiture under this section if its owner can
demonstrate by clear and convincing evidence that the 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 owner took reasonable steps to prevent use of the vehicle by the offender.
If the offender is a family or household member of the owner and has three or more prior
impaired driving convictions, the 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 August 1, 2015, and applies to
offenses committed on or after that date.
new text end
Sec. 6.
Minnesota Statutes 2014, 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) deleted text begin 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 raiseddeleted text end new text begin The prosecuting authority has the burden
of proof to show by a preponderance of the evidence that the vehicle was used in the
commission of a designated offense or designated license revocation. The limitations and
defenses in section 609.531, subdivisions 9 and 10, apply to forfeitures under this sectionnew text end .
(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) deleted text begin If the lawful ownership of the vehicle used in the commission of a designated
deleted text end deleted text begin offense or used in conduct resulting in a designated license revocation can be determined
deleted text end deleted text begin and the deleted text end deleted text begin owner makes the demonstration required under subdivision 7, paragraph (d)deleted text end new text begin If the
prosecuting authority fails to establish by a preponderance of the evidence that the vehicle
was used in the commission of a designated offense or designated license revocationnew 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 must
order that filing fees be reimbursed to the person who filed the demand for judicial
determination. In addition, the court may order sanctions under section 549.211 (sanctions
in civil actions). Any reimbursement fees or 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 August 1, 2015, and applies to
offenses committed on or after that date.
new text end
Sec. 7.
Minnesota Statutes 2014, 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, and education; 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.
(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
(f) The appropriate agency or prosecuting authority may not use the proceeds
from the sale of forfeited vehicles to pay base salaries, benefits, overtime, or bonuses to
personnel, or to pay a private attorney for services related to forfeiture litigation.
new text end
Sec. 8.
Minnesota Statutes 2014, 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) new text begin "Actual knowledge" means direct and clear awareness of information, a fact,
or a condition.
new text end
new text begin (b) new text end "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.
deleted text begin (b)deleted text end new text begin (c)new text end "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.
deleted text begin (c)deleted text end new text begin (d)new text end "Property" means property as defined in section 609.52, subdivision 1,
clause (1).
new text begin
(e) "Constructive knowledge" means knowledge that is imputed to family or
household members of the owner, as defined in section 169A.60, subdivision 1, paragraph
(b), if the owner has been adjudicated guilty three or more times for the same or a specified
similar violation in the last ten years.
new text end
deleted text begin (d)deleted text end new text begin (f)new text end "Contraband" means property which is illegal to possess under Minnesota law.
deleted text begin (e)deleted text end new text begin (g)new text end "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 park rangers, 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.
deleted text begin (f)deleted text end new text begin (h)new text end "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; 609.21;
609.221; 609.222; 609.223; 609.2231; 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.
deleted text begin (g)deleted text end new text begin (i)new text end "Controlled substance" has the meaning given in section 152.01, subdivision 4.
deleted text begin (h)deleted text end new text begin (j)new text end "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 EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end
Sec. 9.
Minnesota Statutes 2014, section 609.531, subdivision 8, is amended to read:
Subd. 8.
Forfeiture policiesdeleted text begin ; statewide model policydeleted text end required.
deleted text begin
(a) By December
1, 2010, the Peace Officer Standards and Training Board, after consulting with the
Minnesota County Attorneys Association, the Minnesota Sheriffs' Association, the
Minnesota Chiefs of Police Association, and the Minnesota Police and Peace Officers
Association, shall develop a model policy that articulates best practices for forfeiture
and is designed to encourage the uniform application of forfeiture laws statewide. At a
minimum, the policy shall address the following:
deleted text end
deleted text begin
(1) best practices in pursuing, seizing, and tracking forfeitures;
deleted text end
deleted text begin
(2) type and frequency of training for law enforcement on forfeiture laws; and
deleted text end
deleted text begin
(3) situations in which forfeitures should not be pursued.
deleted text end
deleted text begin
(b) By December 1, 2010, the Minnesota County Attorneys Association, after
consulting with the attorney general, the Peace Officer Standards and Training Board,
the Minnesota Sheriffs' Association, the Minnesota Chiefs of Police Association, and
the Minnesota Police and Peace Officers Association, shall develop a model policy that
articulates best practices for forfeiture and is designed to encourage the uniform application
of forfeiture laws statewide. At a minimum, the policy shall address the following:
deleted text end
deleted text begin
(1) statutory role of prosecuting authorities in forfeiture procedures;
deleted text end
deleted text begin
(2) best practices for timely and fair resolution of forfeiture cases;
deleted text end
deleted text begin
(3) type and frequency of training for prosecuting authorities on forfeiture laws; and
deleted text end
deleted text begin
(4) situations in which forfeitures should not be pursued.
deleted text end
deleted text begin
(c) By December 1, 2010, the Minnesota County Attorneys Association and the Peace
Officer Standards and Training Board shall forward an electronic copy of its respective
model policy to the chairs and ranking minority members of the senate and house of
representatives committees having jurisdiction over criminal justice and civil law policy.
deleted text end
deleted text begin (d) By March 1, 2011,deleted text end The chief law enforcement officer of every state and local law
enforcement agency and every prosecution office in the state shall deleted text begin adopt and implement
deleted text end new text begin maintainnew text end a written policy on forfeiture that is deleted text begin identical or substantially similar to the
deleted text end new text begin consistent with thenew text end model policies developed under deleted text begin paragraphs (a) and (b)deleted text end new text begin Laws 2010,
chapter 391, section 11new text end . The written policy shall be made available to the public upon
request.
Sec. 10.
Minnesota Statutes 2014, section 609.531, is amended by adding a subdivision
to read:
new text begin Subd. 9. new text end
new text begin
Limitations and defenses to forfeiture; ownership or interest at time
of the crime.
new text end
new text begin
(a) For purposes of sections 169A.63, 609.5311, 609.5312, 609.5314, and
609.5318, an innocent owner claimant may file a claim for the return of property that the
claimant owned or had interest in at the time of the crime by using the process described
in this subdivision. The innocent owner claimant may file a claim at any time prior to the
commencement of the underlying criminal trial and request a prompt hearing.
new text end
new text begin
(b) The prosecuting authority may move to postpone the hearing for a reasonable
period of time not to exceed five days, unless approved by the court, for the prosecuting
authority to complete an investigation of the property related to the underlying criminal
charge.
new text end
new text begin
(c) The alleged suspect or convicted offender may invoke the right against
self-incrimination at a civil hearing consistent with state law.
new text end
new text begin
(d) The innocent owner claimant has the burden of production to show by a
preponderance of the evidence that the claimant:
new text end
new text begin
(1) had a full or joint ownership or security interest in the property at the time the
conduct giving rise to the forfeiture occurred; and
new text end
new text begin
(2) is not the person accused or convicted of the crime for which the property is
subject to forfeiture.
new text end
new text begin
(e) If the claimant meets the burden of production in paragraph (d), the property
is subject to forfeiture if the prosecuting authority proves by a preponderance of the
evidence that the claimant:
new text end
new text begin
(1) had actual or constructive knowledge of the crime giving rise to the forfeiture; or
new text end
new text begin
(2) consented to the act or omission upon which the forfeiture is based.
new text end
new text begin
(f) If the trier-of-fact determines the property is not subject to forfeiture, all claims
of right, title, and interest to the property that vested in the state are relinquished. The
court shall order the return of the property within a reasonable period of time.
new text end
new text begin
(g) Notwithstanding paragraph (f), if the property is jointly owned, the court may
divide and allocate interest in the property among its joint owners and order the return
of a prorated amount of the property only to the innocent owner claimant. The court
may divide and allocate the property based on the joint owners' history of payments of
initial and ongoing costs, or other factors required to realize an equitable division and
allocation of the property.
new text end
new text begin
(h) At the claimant's option, the court may realize the division of jointly owned
property in paragraph (g) by ordering:
new text end
new text begin
(1) the sale of property in a commercially reasonable manner and dividing the
resulting net proceeds after first extinguishing any security interest perfected according to
section 168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more;
new text end
new text begin
(2) the claimant to remit payment for the portion of the net value in the property
not awarded to the claimant; or
new text end
new text begin
(3) other equitable means.
new text end
new text begin
For purposes of clause (2), the net value is calculated by first establishing the market value
of the property and then subtracting any security interest perfected according to section
168A.17, subdivision 2, or subject to a lease that has a term of 180 days or more.
new text end
new text begin
(i) Notwithstanding paragraphs (e) to (h), the court may order the return of the
undivided property to the claimant in a case involving forfeiture under section 169A.63
if the claimant shows by a preponderance of the evidence either that failing to return
the vehicle would deprive the claimant of reasonable means to employment or care for
dependents residing with the claimant, or the innocent owner claimant took reasonable
steps to prevent the use of the vehicle by the offender.
new text end
new text begin
(j) The claimant is responsible for paying towing and storage fees if the appropriate
agency returns a seized vehicle within 60 days following seizure. After 60 days following
seizure, the appropriate agency is responsible for paying towing and storage fees if the
trier-of-fact determines the claims are valid.
new text end
new text begin
(k) Except as provided in paragraph (h), a motor 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. When
the proceeds of the sale of a seized motor vehicle encumbered by a perfected security
interest 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
allowed costs for the seizure, towing, storage, forfeiture, and sale of the vehicle.
new text end
new text begin
(l) If a sale of a vehicle is conducted in a commercially reasonable manner consistent
with 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.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end
Sec. 11.
Minnesota Statutes 2014, section 609.531, is amended by adding a subdivision
to read:
new text begin Subd. 10. new text end
new text begin
Limitations and defenses to forfeiture; ownership or interest acquired
after crime.
new text end
new text begin
(a) For purposes of sections 169A.63, 609.5311, 609.5312, 609.5314, and
609.5318, an innocent owner claimant may file a claim for the return of property that the
claimant acquired an interest in after the time of the crime by using the process described
in this subdivision. The innocent owner claimant may file a claim at any time prior to the
commencement of the underlying criminal trial and request a prompt hearing.
new text end
new text begin
(b) The prosecuting authority may move to postpone the hearing for a reasonable
period of time not to exceed five days, unless approved by the court, for the prosecuting
authority to complete an investigation of the property related to the underlying criminal
charge.
new text end
new text begin
(c) The alleged suspect or convicted offender may invoke the right against
self-incrimination at a civil hearing consistent with state law.
new text end
new text begin
(d) The innocent owner claimant has the burden of production to show by a
preponderance of the evidence that the claimant:
new text end
new text begin
(1) acquired a full or joint ownership or security interest in the property after the
commission of the crime giving rise to the forfeiture; and
new text end
new text begin
(2) is not the person accused or convicted of the crime for which the property is
subject to forfeiture.
new text end
new text begin
(e) Property is subject to forfeiture if the prosecuting authority proves by a
preponderance of the evidence that, at the time of acquisition of the property, the claimant:
new text end
new text begin
(1) had actual or constructive knowledge of the crime giving rise to the forfeiture;
new text end
new text begin
(2) consented to the act or omission upon which the forfeiture is based; or
new text end
new text begin
(3) was not a bona fide purchaser for valuable consideration and without notice of
any defect in title.
new text end
new text begin
(f) If the trier-of-fact determines the property is not subject to forfeiture, all claims
of right, title, and interest to the property that vested in the state are relinquished. The
court shall order the return of the property within a reasonable period of time.
new text end
new text begin
(g) The claimant is responsible for paying towing and storage fees if the appropriate
agency returns a seized vehicle within 60 days following seizure. After 60 days following
seizure, the appropriate agency is responsible for paying towing and storage fees if the
trier-of-fact determines the claims are valid.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end
Sec. 12.
Minnesota Statutes 2014, section 609.531, is amended by adding a subdivision
to read:
new text begin Subd. 11. new text end
new text begin Return of filing fees. new text end
new text begin
If the court orders the return of seized property
under this section, it must order that filing fees be reimbursed to the person who filed the
demand for judicial determination or contested the forfeiture. Any reimbursement fees
must be paid from other forfeiture proceeds of the appropriate agency and prosecuting
authority involved, in the same proportion as proceeds would be distributed for the sale
of the property had it been forfeited, and any remaining proportion shall be divided and
paid evenly from the agencies.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end
Sec. 13.
Minnesota Statutes 2014, section 609.531, is amended by adding a subdivision
to read:
new text begin Subd. 12. new text end
new text begin Exemption; homestead property. new text end
new text begin
Real property that qualifies for the
homestead exemption as determined in sections 510.01 and 510.02, is not subject to
forfeiture.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to
offenses committed on or after that date.
new text end
Sec. 14.
Minnesota Statutes 2014, 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 $75 or more and the conveyance device is
associated with a felony-level controlled substance crime.
(b) Real propertynew text begin that does not qualify for the homestead exemption as determined
in sections 510.01 and 510.02,new text end is subject to forfeiture under this section only if the retail
value of the controlled substance or contraband is $2,000 or more.
(c) deleted text begin 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.deleted text end new text begin The limitations and defenses in section 609.531, subdivisions
9 and 10, apply to forfeitures under this section.
new text end
deleted text begin
(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.
deleted text end
deleted text begin
(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.
deleted text end
deleted text begin
(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.
deleted text end
deleted text begin
(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
deleted text end
deleted text begin
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.
deleted text end
deleted text begin (h)deleted text end new text begin (d)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)
deleted text begin to (g)deleted text end new text begin and (b)new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 15.
Minnesota Statutes 2014, section 609.5312, subdivision 2, is amended to read:
Subd. 2.
Limitations on forfeiture of property associated with designated
offenses.
deleted text begin
(a) Property used by a 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 commission of a designated offense.
deleted text end
new text begin
The limitations and defenses in section 609.531, subdivisions 9 and 10, apply to forfeitures
under subdivisions 1 and 1a.
new text end
deleted text begin
(b) Property is subject to forfeiture under this section only if the owner was privy to
the act or omission upon which the forfeiture is based, or the act or omission occurred
with the owner's knowledge or consent.
deleted text end
deleted text begin
(c) Property encumbered by a bona fide security interest is subject to the interest of
the secured party unless the party had knowledge of or consented to the act or omission
deleted text end
deleted text begin
upon which the forfeiture is based. A person claiming a security interest bears the burden
of establishing that interest by clear and convincing evidence.
deleted text end
deleted text begin
(d) Notwithstanding paragraphs (b) and (c), property is not subject to forfeiture
based solely on the owner's or secured party's knowledge of the act or omission upon
which the forfeiture is based if the owner or secured party took reasonable steps to
terminate use of the property by the offender.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 16.
Minnesota Statutes 2014, section 609.5312, subdivision 3, is amended to read:
Subd. 3.
Vehicle forfeiture for prostitution offenses.
(a) A motor vehicle is subject
to forfeiture under this subdivision if it was used to commit or facilitate, or used during
the commission of, a violation of section 609.324 or a violation of a local ordinance
substantially similar to section 609.324. A motor vehicle is subject to forfeiture under
this subdivision only if the offense is established by proof of a criminal conviction for
the offense. Except as otherwise provided in this subdivision, a forfeiture under this
subdivision is governed by sections 609.531, 609.5312, and 609.5313.
(b) When a motor vehicle subject to forfeiture under this subdivision is seized in
advance of a judicial forfeiture order, a hearing before a judge or referee must be held
within 96 hours of the seizure. Notice of the hearing must be given to the registered owner
within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or
in advance of the hearing, that it has filed or intends to file charges against the alleged
violator for violating section 609.324 or a local ordinance substantially similar to section
609.324. After conducting the hearing, the court shall order that the motor vehicle be
returned to the owner if:
(1) the prosecuting authority has failed to make the certification required by
paragraph (b);
(2) deleted text begin the owner of the motor vehicle has demonstrated to the court's satisfaction
that the owner has a defense to the forfeiture, including but not limited to the defenses
contained in subdivision 2deleted text end new text begin the court finds that the motor vehicle is not subject to forfeiture
under section 609.531, subdivision 9 or 10new text end ; or
(3) the court determines that seizure of the vehicle creates or would create an undue
hardship for members of the owner's family.
(c) If the defendant is acquitted or prostitution charges against the defendant are
dismissed, neither the owner nor the defendant is responsible for paying any costs
associated with the seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27, subdivision 4, for a period of
180 days or less is not subject to forfeiture under this subdivision.
(e) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon the registered owner is
made; or
(2) at the date when the registered owner has been notified by certified mail at the
address listed in the Minnesota Department of Public Safety computerized motor vehicle
registration records.
(f) The Department of Corrections Fugitive Apprehension Unit shall not participate
in paragraphs (a) to (e).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 17.
Minnesota Statutes 2014, section 609.5312, subdivision 4, is amended to read:
Subd. 4.
Vehicle forfeiture for fleeing peace officer.
(a) A motor vehicle is subject
to forfeiture under this subdivision if it was used to commit a violation of section 609.487
and endanger life or property. A motor vehicle is subject to forfeiture under this subdivision
only if the offense is established by proof of a criminal conviction for the offense. Except
as otherwise provided in this subdivision, a forfeiture under this subdivision is governed
by sections 609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
(b) When a motor vehicle subject to forfeiture under this subdivision is seized in
advance of a judicial forfeiture order, a hearing before a judge or referee must be held
within 96 hours of the seizure. Notice of the hearing must be given to the registered owner
within 48 hours of the seizure. The prosecuting authority shall certify to the court, at or
in advance of the hearing, that it has filed or intends to file charges against the alleged
violator for violating section 609.487. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:
(1) the prosecuting authority has failed to make the certification required by this
paragraph;
(2) deleted text begin the owner of the motor vehicle has demonstrated to the court's satisfaction
that the owner has a defense to the forfeiture, including but not limited to the defenses
contained in subdivision 2deleted text end new text begin the court finds that the motor vehicle is not subject to forfeiture
under section 609.531, subdivision 9 or 10new text end ; or
(3) the court determines that seizure of the vehicle creates or would create an undue
hardship for members of the owner's family.
(c) If the defendant is acquitted or the charges against the defendant are dismissed,
neither the owner nor the defendant is responsible for paying any costs associated with the
seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27, subdivision 4, for a period of
180 days or less is not subject to forfeiture under this subdivision.
(e) A motor vehicle that is an off-road recreational vehicle as defined in section
169A.03, subdivision 16, or a motorboat as defined in section 169A.03, subdivision 13,
is not subject to paragraph (b).
(f) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon the registered owner is
made; or
(2) at the date when the registered owner has been notified by certified mail at the
address listed in the Minnesota Department of Public Safety computerized motor vehicle
registration records.
(g) The Department of Corrections Fugitive Apprehension Unit shall not seize a
motor vehicle for the purposes of forfeiture under paragraphs (a) to (f).
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
Sec. 18.
Minnesota Statutes 2014, section 609.5315, subdivision 1, is amended to read:
Subdivision 1.
Disposition.
(a) Subject to paragraph (b), if the court finds under
section 609.5313, 609.5314, or 609.5318 that the property is subject to forfeiture, it shall
order the appropriate agency to do one of the following:
(1) unless a different disposition is provided under clause (3) or (4), either destroy
firearms, ammunition, and firearm accessories that the agency decides not to use for
law enforcement purposes under clause (8), or sell them to federally licensed firearms
dealers, as defined in section 624.7161, subdivision 1, and distribute the proceeds under
subdivision 5 or 5b;
(2) sell property that is not required to be destroyed by law and is not harmful to the
public and distribute the proceeds under subdivision 5 or 5b;
(3) sell antique firearms, as defined in section 624.712, subdivision 3, to the public
and distribute the proceeds under subdivision 5 or 5b;
(4) destroy or use for law enforcement purposes semiautomatic military-style assault
weapons, as defined in section 624.712, subdivision 7;
(5) take custody of the property and remove it for disposition in accordance with law;
(6) forward the property to the federal drug enforcement administration;
(7) disburse money as provided under subdivision 5, 5b, or 5c; or
(8) keep property other than money for official use by the agency and the prosecuting
agency.
(b) Notwithstanding paragraph (a), the Hennepin or Ramsey County sheriff may
not sell firearms, ammunition, or firearms accessories if the policy is disapproved by the
applicable county board.
(c) If property is sold under paragraph (a), the appropriate agency shall not sell
property 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 property under this section must be conducted in a
commercially reasonable manner.
new text begin
(e) The appropriate agency or prosecuting authority may not use the proceeds
from the sale of forfeited property to pay base salaries, benefits, overtime, or bonuses to
personnel, or to pay a private attorney for services related to forfeiture litigation.
new text end
Sec. 19.
Minnesota Statutes 2014, 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, the appropriate agency and the prosecuting authority
shall provide a written record of the forfeiture incident to the state auditor. The record
shall include the amount forfeited, the statutory authority for the forfeiture, its date, a brief
description of the circumstances involved, and whether the forfeiture was contested.
For controlled substance and driving while impaired forfeitures, the record shall indicate
whether the forfeiture was initiated as an administrative or a judicial forfeiture. The
record shall also list the number of firearms forfeited and the make, model, and serial
number of each firearm forfeited. The record shall indicate 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.
(c) Reports shall be made on a monthly basis in a manner prescribed by the state
auditor. The state auditor shall report annually to the legislature on the nature and extent
of forfeitures.
(d) 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.
(e) The prosecuting authority is not required to report information required by this
subdivision unless the prosecuting authority has been notified by the state auditor that
the appropriate agency has not reported it.
new text begin
(f) Annually, an appropriate agency or the prosecuting authority shall report
forfeiture expenditures as required by section 6.74.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section applies to reporting of financial information for
years ending on or after December 31, 2016.
new text end
Sec. 20.
Minnesota Statutes 2014, section 609.5318, subdivision 5, is amended to read:
Subd. 5.
Limitations.
deleted text begin
(a) A vehicle used by a 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 is a consenting party to, or is privy to, the commission of the act giving rise
to the forfeiture.
deleted text end
new text begin
The limitations and defenses in section 609.531, subdivisions 9 and
10, apply to forfeitures under this section.
new text end
deleted text begin
(b) A vehicle is subject to forfeiture under this section only if the registered owner
was privy to the act upon which the forfeiture is based, the act occurred with the owner's
knowledge or consent, or the act occurred due to the owner's gross negligence in allowing
another to use the vehicle.
deleted text end
deleted text begin
(c) A vehicle encumbered by a bona fide security interest is subject to the interest of
the secured party unless the party had knowledge of or consented to the act upon which the
forfeiture is based. A person claiming a security interest bears the burden of establishing
that interest by clear and convincing evidence.
deleted text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2015, and applies to crimes
committed on or after that date.
new text end
ARTICLE 4
RESTORATION OF RIGHT TO VOTE
Section 1.
Minnesota Statutes 2014, section 201.014, is amended by adding a
subdivision to read:
new text begin Subd. 2a. new text end
new text begin Felony conviction; restoration of civil right to vote. new text end
new text begin
An individual
convicted of a felony has the civil right to vote restored when the individual completes
any incarceration imposed and executed by the court for the offense, and during any other
period following conviction in which the individual is not incarcerated. If the individual
is later incarcerated for the same offense, the individual's civil right to vote is lost only
during the period of incarceration. A person is considered to be incarcerated under this
subdivision if the person is on work release or other form of temporary release and spends
a portion of a day in a prison, jail, workhouse, or other local correctional facility.
new text end
Sec. 2.
Minnesota Statutes 2014, section 201.071, subdivision 1, is amended to read:
Subdivision 1.
Form.
Both paper and electronic voter registration applications must
contain the same information unless otherwise provided by law. A voter registration
application must contain spaces for the following required information: voter's first name,
middle name, and last name; voter's previous name, if any; voter's current address; voter's
previous address, if any; voter's date of birth; voter's municipality and county of residence;
voter's telephone number, if provided by the voter; date of registration; current and valid
Minnesota driver's license number or Minnesota state identification number, or if the voter
has no current and valid Minnesota driver's license or Minnesota state identification, the
last four digits of the voter's Social Security number; and voter's signature. The paper
registration application may include the voter's e-mail address, if provided by the voter.
The electronic voter registration application must include the voter's e-mail address. The
registration application may include the voter's interest in serving as an election judge,
if indicated by the voter. The application must also contain the following certification
of voter eligibility:
"I certify that I:
(1) will be at least 18 years old on election day;
(2) am a citizen of the United States;
(3) will have resided in Minnesota for 20 days immediately preceding election day;
(4) maintain residence at the address given on the registration form;
(5) am not under court-ordered guardianship in which the court order revokes my
right to vote;
(6) have not been found by a court to be legally incompetent to vote;
(7) deleted text begin have the right to vote because, if I have been convicted of a felony, my felony
sentence has expired (been completed) or I have been discharged from my sentencedeleted text end new text begin am
not currently incarcerated for a felony offensenew text end ; and
(8) have read and understand the following statement: that giving false information
is a felony punishable by not more than five years imprisonment or a fine of not more
than $10,000, or both."
The certification must include boxes for the voter to respond to the following
questions:
"(1) Are you a citizen of the United States?" and
"(2) Will you be 18 years old on or before election day?"
And the instruction:
"If you checked 'no' to either of these questions, do not complete this form."
A paper voter registration application must be of suitable size and weight for
mailing. The form of the voter registration application and the certification of voter
eligibility must be as provided in this subdivision and approved by the secretary of state.
Voter registration forms authorized by the National Voter Registration Act must also be
accepted as valid. The federal postcard application form must also be accepted as valid if
it is not deficient and the voter is eligible to register in Minnesota.
An individual may use a voter registration application to apply to register to vote in
Minnesota or to change information on an existing registration.
Sec. 3.
Minnesota Statutes 2014, section 201.12, subdivision 2, is amended to read:
Subd. 2.
Moved within state.
If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address in this state,
the county auditor may change the voter's status to "inactive" in the statewide registration
system and shall transmit a copy of the mailing to the auditor of the county in which the
new address is located. If an election is scheduled to occur in the precinct in which the voter
resides in the next 47 days, the county auditor shall promptly update the voter's address in
the statewide voter registration system. If there is not an election scheduled, the auditor
may wait to update the voter's address until after the next list of address changes is received
from the secretary of state. Once updated, the county auditor shall mail to the voter a notice
stating the voter's name, address, precinct, and polling place, except that if the voter's
record is challenged due to new text begin incarceration for new text end a felony deleted text begin convictiondeleted text end new text begin offensenew text end , noncitizenship,
name change, incompetence, or a court's revocation of voting rights of individuals under
guardianship, the auditor must not mail the notice. The notice must advise the voter that
the voter's voting address has been changed and that the voter must notify the county
auditor within 21 days if the new address is not the voter's address of residence. The notice
must state that it must be returned if it is not deliverable to the voter at the named address.
Sec. 4.
Minnesota Statutes 2014, section 201.12, subdivision 3, is amended to read:
Subd. 3.
Moved out of state.
If any nonforwardable mailing from an election
official is returned as undeliverable but with a permanent forwarding address outside this
state, the county auditor shall promptly mail to the voter at the voter's new address a
notice advising the voter that the voter's status in the statewide voter registration system
will be changed to "inactive" unless the voter notifies the county auditor within 21 days
that the voter is retaining the former address as the voter's address of residence. If the
voter's record is challenged due to new text begin incarceration for new text end a felony deleted text begin convictiondeleted text end new text begin offensenew text end , lack of
United States citizenship, legal incompetence, or court-ordered revocation of voting rights
of persons under guardianship, the county auditor must not mail this notice. If the notice is
not received by the deadline, the county auditor shall change the voter's status to "inactive"
in the statewide voter registration system.
Sec. 5.
Minnesota Statutes 2014, section 201.13, subdivision 3, is amended to read:
Subd. 3.
Use of change of address system.
(a) At least once each month the
secretary of state shall obtain a list of individuals registered to vote in this state who have
filed with the United States Postal Service a change of their permanent address. The
secretary of state may also periodically obtain a list of individuals with driver's licenses or
state identification cards to identify those who are registered to vote who have applied to
the Department of Public Safety for a replacement driver's license or state identification
card with a different address, and a list of individuals for whom the Department of Public
Safety received notification of a driver's license or state identification card cancellation
due to a change of residency out of state. However, the secretary of state shall not load
data derived from these lists into the statewide voter registration system within the 47 days
before the state primary or 47 days before a November general election.
(b) If the address is changed to another address in this state, the secretary of state
shall locate the precinct in which the voter resides, if possible. If the secretary of state
is able to locate the precinct in which the voter resides, the secretary must transmit the
information about the changed address by electronic means to the county auditor of the
county in which the new address is located. For addresses for which the secretary of
state is unable to determine the precinct, the secretary may forward information to the
appropriate county auditors for individual review. If the voter has not voted or submitted a
voter registration application since the address change, upon receipt of the information, the
county auditor shall update the voter's address in the statewide voter registration system.
The county auditor shall mail to the voter a notice stating the voter's name, address,
precinct, and polling place, unless the voter's record is challenged due to new text begin incarceration
for new text end a felony deleted text begin convictiondeleted text end new text begin offensenew text end , noncitizenship, name change, incompetence, or a court's
revocation of voting rights of individuals under guardianship, in which case the auditor
must not mail the notice. The notice must advise the voter that the voter's voting address
has been changed and that the voter must notify the county auditor within 21 days if the
new address is not the voter's address of residence. The notice must state that it must be
returned if it is not deliverable to the voter at the named address.
(c) If the change of permanent address is to an address outside this state, the secretary
of state shall notify by electronic means the auditor of the county where the voter formerly
resided that the voter has moved to another state. If the voter has not voted or submitted a
voter registration application since the address change, the county auditor shall promptly
mail to the voter at the voter's new address a notice advising the voter that the voter's status
in the statewide voter registration system will be changed to "inactive" unless the voter
notifies the county auditor within 21 days that the voter is retaining the former address
as the voter's address of residence, except that if the voter's record is challenged due to
new text begin incarceration for new text end a felony deleted text begin convictiondeleted text end new text begin offensenew text end , noncitizenship, name change, incompetence,
or a court's revocation of voting rights of individuals under guardianship, the auditor must
not mail the notice. If the notice is not received by the deadline, the county auditor shall
change the voter's status to "inactive" in the statewide voter registration system.
(d) If, in order to maintain voter registration records, the secretary of state enters
an agreement to share information or data with an organization governed exclusively by
a group of states, the secretary must first determine that the data security protocols are
sufficient to safeguard the information or data shared. If required by such an agreement,
the secretary of state may share the following data from the statewide voter registration
system and data released to the secretary of state under section 171.12, subdivision 7a:
(1) name;
(2) date of birth;
(3) address;
(4) driver's license or state identification card number;
(5) the last four digits of an individual's Social Security number; and
(6) the date that an individual's record was last updated.
If the secretary of state enters into such an agreement, the secretary and county auditors
must process changes to voter records based upon that data in accordance with this section.
Except as otherwise provided in this subdivision, when data is shared with the secretary of
state by another state, the secretary of state must maintain the same data classification that
the data had while it was in the possession of the state providing the data.
Sec. 6.
Minnesota Statutes 2014, section 201.14, is amended to read:
201.14 COURT ADMINISTRATOR OF DISTRICT COURT; REPORT
CHANGES OF NAMES.
The state court administrator shall regularly report by electronic means to the
secretary of state the name, address, and, if available, driver's license or state identification
card number of each individual, 18 years of age or over, whose name was changed since
the last report, by marriage, divorce, or any order or decree of the court. The secretary of
state shall determine if any of the persons in the report are registered to vote under their
previous name and shall prepare a list of those registrants for each county auditor. Upon
receipt of the list, the county auditor shall make the change in the voter's record and mail
to the voter the notice of registration required by section 201.121, subdivision 2. A notice
must not be mailed if the voter's record is challenged due to new text begin incarceration for new text end a felony
deleted text begin convictiondeleted text end new text begin offensenew text end , lack of United States citizenship, legal incompetence, or court-ordered
revocation of voting rights of persons under guardianship.
Sec. 7.
Minnesota Statutes 2014, section 201.157, is amended to read:
201.157 USE OF DEPARTMENT OF CORRECTIONS DATA.
(a) The commissioner of corrections shall make electronic data available to the
secretary of state on individuals 18 years of age or older who are currentlydeleted text begin :deleted text end new text begin incarcerated in
a state correctional facility.
new text end
deleted text begin
(1) serving felony sentences under the commissioner's jurisdiction; or
deleted text end
deleted text begin
(2) on probation for felony offenses that would result in the loss of civil rights, as
indicated by the statewide supervision system established under section 241.065.
deleted text end
The data must include the name, date of birth, last known residential address that is
not a correctional facility, and, if available, corrections' state identification number, and
the driver's license or state identification card number, and, if an individual has completed
the sentence, the date of discharge.
(b) The secretary of state must determine if any data newly indicates that:
(1) an individual with an active voter registration in the statewide voter registration
system is currently deleted text begin serving a felony sentence under the commissioner's jurisdiction or is
on probation for a felony offense that would result in the loss of civil rightsdeleted text end new text begin incarcerated
in a state correctional facilitynew text end and the individual's voter record does not already have a
challenged status due to a felony conviction;
(2) an individual with an active voter registration in the statewide voter registration
system who is currently deleted text begin serving a felony sentence under the commissioner's jurisdiction
or who is on probation for a felony offense that would result in the loss of civil rights
deleted text end new text begin incarcerated in a state correctional facilitynew text end appears to have registered to vote or to have
voted during a period when the individual's civil rights were revoked; and
(3) an individual with a voter record that has a challenged status due to a felony
conviction who was serving a felony sentence under the commissioner's jurisdiction
or who has been on probation for a felony offense that would result in the loss of civil
rights has been discharged from a sentence.
The secretary of state shall prepare a list of the registrants included under clause (1),
(2), or (3) for each county auditor. For individuals under clause (1), the county auditor
shall challenge the individual's record in the statewide voter registration system. The
county auditor must provide information to the county attorney about individuals under
clause (2) for the county attorney's investigation. For individuals under clause (3), the
county auditor must determine if the challenge status should be removed from the voter
record for the individual, and if so, must remove the challenge.
The secretary of state must make the required determinations and provide the
required lists to the county auditors at least monthly.
For each state general election that occurs prior to the statewide voter registration
system being programmed to generate lists as required by this section, the secretary of
state must make the determination and provide lists to the county auditors between 30 and
60 days before the election and again between six and ten weeks after the election. In the
year following that state election, the secretary of state must make this determination and
provide lists to the county auditors again as part of the annual list maintenance.
Sec. 8.
new text begin
[201.276] DUTIES OF SECRETARY OF STATE; INFORMATION
ABOUT VOTING RIGHTS.
new text end
new text begin
The secretary of state shall develop accurate and complete information in a single
publication about the voting rights of people who have been charged with or convicted of
a crime. The secretary of state must make this publication available electronically to the
state court administrator for distribution to judges, court personnel, probation officers,
and the Department of Corrections for distribution to corrections officials, parole and
supervised release agents, and the public. The secretary of state must make the publication
available to the public on the Office of the Secretary of State's Web site.
new text end
Sec. 9.
Minnesota Statutes 2014, section 204C.08, subdivision 1d, is amended to read:
Subd. 1d.
Voter's Bill of Rights.
The county auditor shall prepare and provide to
each polling place sufficient copies of a poster setting forth the Voter's Bill of Rights as set
forth in this section. Before the hours of voting are scheduled to begin, the election judges
shall post it in a conspicuous location or locations in the polling place. The Voter's Bill
of Rights is as follows:
"VOTER'S BILL OF RIGHTS
For all persons residing in this state who meet federal voting eligibility requirements:
(1) You have the right to be absent from work for the purpose of voting in a state
deleted text begin ordeleted text end new text begin ,new text end federalnew text begin , or regularly schedulednew text end election without reduction to your pay, personal leave,
or vacation time on election day for the time necessary to appear at your polling place,
cast a ballot, and return to work.
(2) If you are in line at your polling place any time before 8:00 p.m., you have the
right to vote.
(3) If you can provide the required proof of residence, you have the right to register
to vote and to vote on election day.
(4) If you are unable to sign your name, you have the right to orally confirm your
identity with an election judge and to direct another person to sign your name for you.
(5) You have the right to request special assistance when voting.
(6) If you need assistance, you may be accompanied into the voting booth by a
person of your choice, except by an agent of your employer or union or a candidate.
(7) You have the right to bring your minor children into the polling place and into
the voting booth with you.
(8) deleted text begin If you have been convicted of a felony but your felony sentence has expired
(been completed) or you have been discharged from your sentence,deleted text end You have the right to
votenew text begin , even if you have been convicted of a felony, if you are not currently incarcerated for
the felony offensenew text end .
(9) If you are under a guardianship, you have the right to vote, unless the court
order revokes your right to vote.
(10) You have the right to vote without anyone in the polling place trying to
influence your vote.
(11) If you make a mistake or spoil your ballot before it is submitted, you have the
right to receive a replacement ballot and vote.
(12) You have the right to file a written complaint at your polling place if you are
dissatisfied with the way an election is being run.
(13) You have the right to take a sample ballot into the voting booth with you.
(14) You have the right to take a copy of this Voter's Bill of Rights into the voting
booth with you."
Sec. 10.
Minnesota Statutes 2014, section 204C.10, is amended to read:
204C.10 PERMANENT REGISTRATION; VERIFICATION OF
REGISTRATION.
(a) An individual seeking to vote shall sign a polling place roster or voter signature
certificate which states that the individualnew text begin :
new text end
new text begin (1)new text end is at least 18 years of agedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (2)new text end a citizen of the United Statesdeleted text begin ,deleted text end new text begin ;
new text end
new text begin (3)new text end has resided in Minnesota for 20 days immediately preceding the electiondeleted text begin ,deleted text end new text begin ;
new text end
new text begin (4)new text end maintains residence at the address showndeleted text begin ,deleted text end new text begin ;
new text end
new text begin (5)new text end is not under a guardianship in which the court order revokes the individual's
right to votedeleted text begin ,deleted text end new text begin ;
new text end
new text begin (6)new text end has not been found by a court of law to be legally incompetent to vote deleted text begin or has
the right to vote because,deleted text end new text begin ;
new text end
new text begin (7)new text end deleted text begin if the individual was deleted text end deleted text begin convicted of a felony, the felony sentence has expired or
been completed or the individual has been discharged from the sentence,deleted text end new text begin is not currently
incarcerated for a felony offense;
new text end
new text begin (8)new text end is registerednew text begin ;new text end and
new text begin (9)new text end has not already voted in the election.
The roster must also state: "I understand that deliberately providing false information is
a felony punishable by not more than five years imprisonment and a fine of not more
than $10,000, or both."
(b) A judge may, before the applicant signs the roster or voter signature certificate,
confirm the applicant's name, address, and date of birth.
(c) After the applicant signs the roster or voter signature certificate, the judge shall
give the applicant a voter's receipt. The voter shall deliver the voter's receipt to the judge
in charge of ballots as proof of the voter's right to vote, and thereupon the judge shall
hand to the voter the ballot. The voters' receipts must be maintained during the time for
notice of filing an election contest.
Sec. 11.
new text begin
[243.205] NOTICE OF RESTORATION OF RIGHT TO VOTE.
new text end
new text begin Subdivision 1. new text end
new text begin Correctional facilities; designation of official. new text end
new text begin
The chief executive
officer of each state and local correctional facility shall designate an official within the
facility to provide the notice required under this section to persons to whom the civil right to
vote is restored by reason of the persons' release from actual incarceration. The official shall
maintain an adequate supply of voter registration informational materials for this purpose.
new text end
new text begin Subd. 2. new text end
new text begin Notice requirement. new text end
new text begin
A notice of restoration of the civil right to vote must
be provided as follows:
new text end
new text begin
(1) the chief executive officer of each state and local correctional facility shall
provide the notice to a person being released from the facility following incarceration for a
felony-level offense; and
new text end
new text begin
(2) a probation officer or supervised release agent shall provide the notice to all
individuals under correctional supervision for a felony-level offense.
new text end
new text begin Subd. 3. new text end
new text begin Form of notice. new text end
new text begin
The notice required by subdivision 2 must appear
substantially as follows:
new text end
new text begin
"NOTICE OF RESTORATION OF YOUR RIGHT TO VOTE.
new text end
new text begin
Your receipt of this notice today means that your right to vote in Minnesota has been
restored. Before you can vote on election day, you still need to register to vote and you
must satisfy all other voter eligibility criteria. To register, you may complete a voter
registration application and return it to the Office of the Minnesota Secretary of State. You
may also register to vote in your polling place on election day. You will not be permitted
to cast a ballot until you register to vote. The first time you appear at your polling place to
cast a ballot, you may be required to provide proof of your current residence."
new text end
new text begin Subd. 4. new text end
new text begin Failure to provide notice. new text end
new text begin
A failure to provide proper notice as required
by this section does not prevent the restoration of the person's civil right to vote.
new text end
Sec. 12.
Minnesota Statutes 2014, section 609.165, subdivision 1, is amended to read:
Subdivision 1.
Restoration.
new text begin (a) new text end When a person has been deprived of civil rights by
reason of conviction of a crime and is thereafter discharged, such discharge shall restore the
person to all civil rights and to full citizenship, with full right to deleted text begin vote anddeleted text end hold office, the
same as if such conviction had not taken place, and the order of discharge shall so provide.
new text begin
(b) Section 201.014, subdivision 2a, governs the restoration of voting rights for
persons whose right to vote has been lost due to a felony conviction.
new text end
Sec. 13. new text begin REPEALER.
new text end
new text begin
Minnesota Statutes 2014, sections 201.155; and 201.275,
new text end
new text begin
are repealed.
new text end
Sec. 14. new text begin EFFECTIVE DATE.
new text end
new text begin
This article is effective August 1, 2015, and applies to elections held on or after that
date. Notices required to be provided by Minnesota Statutes, section 243.205, must be
provided to individuals released from incarceration on or after August 1, 2015.
new text end