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Capital IconMinnesota Legislature

SF 993

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 02:17am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to public safety; amending statutes to reflect organizational changes in
Bureau of Criminal Apprehension; changing the Financial Crimes Oversight
Council to an advisory board; clarifying authority of apprehension and detention
orders outside county that issued the order; specifying a retention time period for
methamphetamine precursor drug logs maintained by retailers and providing that
the logs are open to law enforcement inspection; expanding the solicitation of
children crime to more comprehensively include soliciting through the use of
newer technologies; authorizing arrest of a person who escapes from custody on
an allegation or adjudication of a delinquent act; addressing the consideration of
a job applicant's criminal history during the public employment hiring process;
providing an exception for an applicant excluded from a C occupational license
in horse racing; describing certain situations where aggravating factors could
result in deviation from the sentencing guidelines; creating pilot program for
driver's license reinstatement diversion for individuals charged with driving
without valid license; providing the Fourth Judicial District with fiscal flexibility
as to the location of court facilities; authorizing continuation of the existing
domestic fatality review team in the fourth judicial district and permitting all
judicial districts to create domestic fatality review teams; designating Statewide
Radio Board as Minnesota's State Interoperability Executive Committee;
expanding the time frame in which a peace officer can arrest a person who has
committed domestic abuse; requiring crime alerts to be distributed in a format
that disabled citizens can access; limiting admission of criminal history evidence
in actions against private employers; expanding the trespass crime to prohibit
entry into areas cordoned off by peace officers; making it a crime for a peace
officer to authorize or knowingly allow another to engage in unauthorized law
enforcement practices; expanding the criminal sexual conduct law's definition of
sexual contact; clarifying the statute of limitations for certain criminal sexual
conduct crimes; clarifying the powers and duties of the POST Board; authorizing
courts to include pets and companion animals in protective orders; requiring
development of pilot project for short-term offender commitments; authorizing
counties to develop proposals for secure residential facility pilot projects;
authorizing the state, MNSCU, the University of Minnesota, and cities to adopt a
program requiring certain hiring practices in construction and services contracts;
amending Minnesota Statutes 2008, sections 13.87, subdivision 1; 13.871, by
adding a subdivision; 84.027, subdivision 17; 122A.18, subdivision 8; 123B.03,
subdivision 1; 136F.581, by adding a subdivision; 152.02, subdivision 6; 240.08,
by adding a subdivision; 244.10, by adding a subdivision; 244.195, subdivisions
2, 3, 4; 246.13, subdivision 2; 253B.141, subdivision 1; 299A.681; 299C.115;
299C.40, subdivision 1; 299C.46, subdivision 1; 299C.52, subdivisions 1, 3,
4; 299C.53, subdivision 1; 299C.62, subdivision 1; 299C.65, subdivisions
1, 5; 299C.68, subdivision 2; 388.24, subdivision 4; 401.025, subdivision
1; 401.065, subdivision 3a; 403.36, subdivision 2, by adding a subdivision;
480.23; 484.91, subdivision 1; 518.165, subdivision 5; 518B.01, subdivisions
6, 7; 524.5-118, subdivision 2; 609.341, subdivision 11; 609.352, subdivision
2a; 609.605, subdivision 1; 611.272; 626.843, subdivisions 1, 3; 626.845,
subdivision 1; 626.863; 628.26; 628.69, subdivision 6; 629.34, subdivision 1;
629.341, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapters 16C; 137; 181; 364; 471; 611A; repealing Minnesota Statutes 2008,
sections 244.195, subdivision 5; 299C.61, subdivision 8; 299C.67, subdivision
3; 383B.65, subdivision 2; 403.36, subdivision 1f.

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

Section 1.

Minnesota Statutes 2008, section 13.87, subdivision 1, is amended to read:


Subdivision 1.

Criminal history data.

(a) Definition. For purposes of this
subdivision, "criminal history data" means all data maintained in criminal history
records compiled by the Bureau of Criminal Apprehension deleted text beginand disseminated through
the criminal justice information system
deleted text end, including, but not limited to fingerprints,
photographs, identification data, arrest data, prosecution data, criminal court data, custody
and supervision data.

(b) Classification. Criminal history data maintained by agencies, political
subdivisions and statewide systems are classified as private, pursuant to section 13.02,
subdivision 12
, except that data created, collected, or maintained by the Bureau of
Criminal Apprehension that identify an individual who was convicted of a crime, the
offense of which the individual was convicted, associated court disposition and sentence
information, controlling agency, and confinement information are public data for 15 years
following the discharge of the sentence imposed for the offense. If an individual's name
or other identifying information is erroneously associated with a criminal history and a
determination is made through a fingerprint verification that the individual is not the
subject of the criminal history, the name or other identifying information must be redacted
from the public criminal history data. The name and other identifying information must be
retained in the criminal history and are classified as private data.

The Bureau of Criminal Apprehension shall provide to the public at the central office
of the bureau the ability to inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this subdivision.

(c) Limitation. Nothing in paragraph (a) or (b) shall limit public access to data
made public by section 13.82.

Sec. 2.

Minnesota Statutes 2008, section 13.871, is amended by adding a subdivision
to read:


new text begin Subd. 12. new text end

new text begin Crime alert access request. new text end

new text begin Data regarding contact information provided
by a citizen requesting a crime alert are classified under section 611A.0393.
new text end

Sec. 3.

new text begin [16C.092] HIRING REQUIREMENTS IN CERTAIN PROCUREMENT
CONTRACTS.
new text end

new text begin The commissioner may adopt rules under section 16C.03, that require persons
or entities that contract with the state for construction or services contracts to employ
a minimum number or percentage of low-income persons or former offenders in the
performance of the contract and for the duration of the contract unless the employee is
terminated for cause. At a minimum, the rules must state the type of contracts covered,
the minimum dollar amount of the contract to which the hiring requirement applies, a
definition of "low-income" if the policy applies to hiring of low-income persons, how the
required number or percentage of persons employed may be calculated, and the extent
to which the rules may be met by existing employees of the contractor or new hires by
the contractor. The rules may provide for penalties to be imposed on the contractor for
failure to comply with the hiring requirements of the policy including, but not limited to,
civil penalties and restrictions on future contractual agreements with the contractor. This
section does not apply to contracts between the state and an exclusive representative of
state employees. For the purposes of this section, "former offender" means an individual
who is not currently incarcerated but who has previously been convicted of a felony,
regardless of whether the individual is currently under correctional supervision.
new text end

Sec. 4.

Minnesota Statutes 2008, section 84.027, subdivision 17, is amended to read:


Subd. 17.

Background checks for volunteer instructors.

(a) The commissioner
may conduct background checks for volunteer instructor applicants for department safety
training and education programs, including the programs established under sections
84.791 (youth off-highway motorcycle safety education and training), 84.86 and 84.862
(youth and adult snowmobile safety training), 84.925 (youth all-terrain vehicle safety
education and training), 97B.015 (youth firearms safety training), and 97B.025 (hunter
and trapper education and training).

(b) The commissioner shall perform the background check by retrieving criminal
history data new text beginas defined in section 13.87 new text endmaintained deleted text beginin the criminal justice information
system (CJIS)
deleted text endnew text begin by the Bureau of Criminal Apprehension in the Department of Public
Safety
new text end and other data sources.

(c) The commissioner shall develop a standardized form to be used for requesting a
background check, which must include:

(1) a notification to the applicant that the commissioner will conduct a background
check under this section;

(2) a notification to the applicant of the applicant's rights under paragraph (d); and

(3) a signed consent by the applicant to conduct the background check expiring one
year from the date of signature.

(d) The volunteer instructor applicant who is the subject of a background check
has the right to:

(1) be informed that the commissioner will request a background check on the
applicant;

(2) be informed by the commissioner of the results of the background check and
obtain a copy of the background check;

(3) obtain any record that forms the basis for the background check and report;

(4) challenge the accuracy and completeness of the information contained in the
report or a record; and

(5) be informed by the commissioner if the applicant is rejected because of the
result of the background check.

Sec. 5.

Minnesota Statutes 2008, section 122A.18, subdivision 8, is amended to read:


Subd. 8.

Background checks.

(a) The Board of Teaching and the commissioner
of education must request a criminal history background check from the superintendent
of the Bureau of Criminal Apprehension on all applicants for initial licenses under their
jurisdiction. An application for a license under this section must be accompanied by:

(1) an executed criminal history consent form, including fingerprints; and

(2) a money order or cashier's check payable to the Bureau of Criminal Apprehension
for the fee for conducting the criminal history background check.

(b) The superintendent of the Bureau of Criminal Apprehension shall perform
the background check required under paragraph (a) by retrieving criminal history data
deleted text begin maintained in the criminal justice information system computersdeleted text end new text beginas defined in section
13.87
new text endand shall also conduct a search of the national criminal records repositorydeleted text begin, including
the criminal justice data communications network
deleted text end. The superintendent is authorized to
exchange fingerprints with the Federal Bureau of Investigation for purposes of the criminal
history check. The superintendent shall recover the cost to the bureau of a background
check through the fee charged to the applicant under paragraph (a).

(c) The Board of Teaching or the commissioner of education may issue a license
pending completion of a background check under this subdivision, but must notify
the individual that the individual's license may be revoked based on the result of the
background check.

Sec. 6.

Minnesota Statutes 2008, section 123B.03, subdivision 1, is amended to read:


Subdivision 1.

Background check required.

(a) A school hiring authority shall
request a criminal history background check from the superintendent of the Bureau of
Criminal Apprehension on all individuals who are offered employment in a school and
on all individuals, except enrolled student volunteers, who are offered the opportunity to
provide athletic coaching services or other extracurricular academic coaching services to a
school, regardless of whether any compensation is paid. In order for an individual to be
eligible for employment or to provide the services, the individual must provide an executed
criminal history consent form and a money order or check payable to either the Bureau of
Criminal Apprehension or the school hiring authority, at the discretion of the school hiring
authority, in an amount equal to the actual cost to the Bureau of Criminal Apprehension
and the school district of conducting the criminal history background check. A school
hiring authority deciding to receive payment may, at its discretion, accept payment in the
form of a negotiable instrument other than a money order or check and shall pay the
superintendent of the Bureau of Criminal Apprehension directly to conduct the background
check. The superintendent of the Bureau of Criminal Apprehension shall conduct the
background check by retrieving criminal history data deleted text beginmaintained in the criminal justice
information system computers
deleted text endnew text begin as defined in section 13.87new text end. A school hiring authority,
at its discretion, may decide not to request a criminal history background check on an
individual who holds an initial entrance license issued by the State Board of Teaching or
the commissioner of education within the 12 months preceding an offer of employment.

(b) A school hiring authority may use the results of a criminal background check
conducted at the request of another school hiring authority if:

(1) the results of the criminal background check are on file with the other school
hiring authority or otherwise accessible;

(2) the other school hiring authority conducted a criminal background check within
the previous 12 months;

(3) the individual who is the subject of the criminal background check executes a
written consent form giving a school hiring authority access to the results of the check; and

(4) there is no reason to believe that the individual has committed an act subsequent
to the check that would disqualify the individual for employment.

(c) A school hiring authority may, at its discretion, request a criminal history
background check from the superintendent of the Bureau of Criminal Apprehension on
any individual who seeks to enter a school or its grounds for the purpose of serving as a
school volunteer or working as an independent contractor or student employee. In order
for an individual to enter a school or its grounds under this paragraph when the school
hiring authority decides to request a criminal history background check on the individual,
the individual first must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school district in an amount
equal to the actual cost to the Bureau of Criminal Apprehension and the school district
of conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1
, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.

(d) For all nonstate residents who are offered employment in a school, a school
hiring authority shall request a criminal history background check on such individuals
from the superintendent of the Bureau of Criminal Apprehension and from the government
agency performing the same function in the resident state or, if no government entity
performs the same function in the resident state, from the Federal Bureau of Investigation.
Such individuals must provide an executed criminal history consent form and a money
order, check, or other negotiable instrument payable to the school hiring authority in an
amount equal to the actual cost to the government agencies and the school district of
conducting the criminal history background check. Notwithstanding section 299C.62,
subdivision 1
, the cost of the criminal history background check under this paragraph is
the responsibility of the individual.

(e) At the beginning of each school year or when a student enrolls, a school hiring
authority must notify parents and guardians about the school hiring authority's policy
requiring a criminal history background check on employees and other individuals who
provide services to the school, and identify those positions subject to a background check
and the extent of the hiring authority's discretion in requiring a background check. The
school hiring authority may include the notice in the student handbook, a school policy
guide, or other similar communication. Nothing in this paragraph affects a school hiring
authority's ability to request a criminal history background check on an individual under
paragraph (c).

Sec. 7.

Minnesota Statutes 2008, section 136F.581, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Hiring requirements in certain procurement contracts. new text end

new text begin The board may
develop policies and procedures consistent with this section that require persons or entities
that contract with the board or the colleges and universities for construction or services
contracts to employ a minimum number or percentage of low-income persons or former
offenders in the performance of the contract and for the duration of the contract unless the
employee is terminated for cause. At a minimum, the policies and procedures must state
the type of contracts covered, the minimum dollar amount of the contract to which the
hiring requirement applies, a definition of "low-income" if the policies and procedures
apply to hiring of low-income persons, how the required number or percentage of persons
employed may be calculated, and the extent to which the requirements may be met by
existing employees of the contractor or new hires by the contractor. The policies and
procedures may provide for penalties to be imposed on the contractor for failure to comply
with the hiring requirements of the policies and procedures including, but not limited to,
civil penalties and restrictions on future contractual agreements between the university and
the contractor. This section does not apply to contracts between the board and the colleges
and universities and an exclusive representative of their employees. For the purposes of
this section, "former offender" means an individual who is not currently incarcerated but
who has previously been convicted of a felony, regardless of whether the individual is
currently under correctional supervision.
new text end

Sec. 8.

new text begin [137.32] HIRING REQUIREMENTS IN CERTAIN PROCUREMENT
CONTRACTS.
new text end

new text begin The Regents of the University of Minnesota may adopt a policy that persons
or entities that contract with the university for construction or services contracts be
required to employ a minimum number or percentage of low-income persons or former
offenders in the performance of the contract and for the duration of the contract unless
the employee is terminated for cause. The regents shall establish procurement rules to
govern the program authorized by this section. At a minimum, the rules must state the
type of contracts covered, the minimum dollar amount of the contract to which the hiring
requirement applies, a definition of "low-income" if the ordinance applies to hiring of
low-income persons, how the required number or percentage of persons employed may be
calculated, and the extent to which the requirements may be met by existing employees
of the contractor or new hires by the contractor. The rules may provide for penalties to
be imposed on the contractor for failure to comply with the hiring requirements of the
rules including, but not limited to, civil penalties and restrictions on future contractual
agreements between the university and the contractor. This section does not apply to
contracts between the university and an exclusive representative of university employees.
For the purposes of this section, "former offender" means an individual who is not
currently incarcerated but who has previously been convicted of a felony, regardless of
whether the individual is currently under correctional supervision.
new text end

Sec. 9.

Minnesota Statutes 2008, section 152.02, subdivision 6, is amended to read:


Subd. 6.

Schedule V; restrictions on methamphetamine precursor drugs.

(a) As
used in this subdivision, the following terms have the meanings given:

(1) "methamphetamine precursor drug" means any compound, mixture, or
preparation intended for human consumption containing ephedrine or pseudoephedrine as
its sole active ingredient or as one of its active ingredients; and

(2) "over-the-counter sale" means a retail sale of a drug or product but does not
include the sale of a drug or product pursuant to the terms of a valid prescription.

(b) The following items are listed in Schedule V:

(1) any compound, mixture, or preparation containing any of the following limited
quantities of narcotic drugs, which shall include one or more nonnarcotic active medicinal
ingredients in sufficient proportion to confer upon the compound, mixture or preparation
valuable medicinal qualities other than those possessed by the narcotic drug alone:

(i) not more than 100 milligrams of dihydrocodeine per 100 milliliters or per 100
grams;

(ii) not more than 100 milligrams of ethylmorphine per 100 milliliters or per 100
grams;

(iii) not more than 2.5 milligrams of diphenoxylate and not less than 25 micrograms
of atropine sulfate per dosage unit; or

(iv) not more than 15 milligrams of anhydrous morphine per 100 milliliters or per
100 grams; and

(2) any compound, mixture, or preparation containing ephedrine or pseudoephedrine
as its sole active ingredient or as one of its active ingredients.

(c) No person may sell in a single over-the-counter sale more than two packages of a
methamphetamine precursor drug or a combination of methamphetamine precursor drugs
or any combination of packages exceeding a total weight of six grams.

(d) Over-the-counter sales of methamphetamine precursor drugs are limited to:

(1) packages containing not more than a total of three grams of one or
more methamphetamine precursor drugs, calculated in terms of ephedrine base or
pseudoephedrine base; or

(2) for nonliquid products, sales in blister packs, where each blister contains not
more than two dosage units, or, if the use of blister packs is not technically feasible, sales
in unit dose packets or pouches.

(e) A business establishment that offers for sale methamphetamine precursor drugs
in an over-the-counter sale shall ensure that all packages of the drugs are displayed
behind a checkout counter where the public is not permitted and are offered for sale only
by a licensed pharmacist, a registered pharmacy technician, or a pharmacy clerk. The
establishment shall ensure that the person making the sale requires the buyer:

(1) to provide photographic identification showing the buyer's date of birth; and

(2) to sign a written or electronic document detailing the date of the sale, the name
of the buyer, and the amount of the drug sold.

new text begin A document described under clause (2) must be retained by the establishment for
at least three years and must at all reasonable times be open to the inspection of any
law enforcement agency.
new text end

Nothing in this paragraph requires the buyer to obtain a prescription for the drug's
purchase.

(f) No person may acquire through over-the-counter sales more than six grams of
methamphetamine precursor drugs within a 30-day period.

(g) No person may sell in an over-the-counter sale a methamphetamine precursor
drug to a person under the age of 18 years. It is an affirmative defense to a charge under
this paragraph if the defendant proves by a preponderance of the evidence that the
defendant reasonably and in good faith relied on proof of age as described in section
340A.503, subdivision 6.

(h) A person who knowingly violates paragraph (c), (d), (e), (f), or (g) is guilty of
a misdemeanor and may be sentenced to imprisonment for not more than 90 days, or to
payment of a fine of not more than $1,000, or both.

(i) An owner, operator, supervisor, or manager of a business establishment that
offers for sale methamphetamine precursor drugs whose employee or agent is convicted of
or charged with violating paragraph (c), (d), (e), (f), or (g) is not subject to the criminal
penalties for violating any of those paragraphs if the person:

(1) did not have prior knowledge of, participate in, or direct the employee or agent to
commit the violation; and

(2) documents that an employee training program was in place to provide the
employee or agent with information on the state and federal laws and regulations regarding
methamphetamine precursor drugs.

(j) Any person employed by a business establishment that offers for sale
methamphetamine precursor drugs who sells such a drug to any person in a suspicious
transaction shall report the transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the transaction to local law
enforcement. A person who reports information under this subdivision in good faith is
immune from civil liability relating to the report.

(k) Paragraphs (b) to (j) do not apply to:

(1) pediatric products labeled pursuant to federal regulation primarily intended for
administration to children under 12 years of age according to label instructions;

(2) methamphetamine precursor drugs that are certified by the Board of Pharmacy as
being manufactured in a manner that prevents the drug from being used to manufacture
methamphetamine;

(3) methamphetamine precursor drugs in gel capsule or liquid form; or

(4) compounds, mixtures, or preparations in powder form where pseudoephedrine
constitutes less than one percent of its total weight and is not its sole active ingredient.

(l) The Board of Pharmacy, in consultation with the Department of Public Safety,
shall certify methamphetamine precursor drugs that meet the requirements of paragraph
(k), clause (2), and publish an annual listing of these drugs.

(m) Wholesale drug distributors licensed and regulated by the Board of Pharmacy
pursuant to sections 151.42 to 151.51 and registered with and regulated by the United
States Drug Enforcement Administration are exempt from the methamphetamine precursor
drug storage requirements of this section.

(n) This section preempts all local ordinances or regulations governing the sale
by a business establishment of over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective date of this act are void.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 10.

new text begin [181.986] EMPLOYMENT OF INDIVIDUAL WITH CRIMINAL
HISTORY; LIMITATION ON ADMISSIBILITY OF EVIDENCE.
new text end

new text begin Subdivision 1. new text end

new text begin Limitation on admissibility of criminal history. new text end

new text begin Information
regarding a criminal history record of an employee or former employee may not be
introduced as evidence in a civil action against a private employer or its employees or
agents that is based on the conduct of the employee or former employee, if:
new text end

new text begin (1) the duties of the position of employment did not expose members of the public to
a greater degree of risk than that created by the employee or former employee interacting
with the public outside of the duties of the position or that might be created by being
employed in general;
new text end

new text begin (2) before the occurrence of the act giving rise to the civil action, a court order sealed
any record of the criminal case or the employee or former employee received a pardon; or
new text end

new text begin (3) the record is of an arrest or charge that did not result in a criminal conviction.
new text end

new text begin Subd. 2. new text end

new text begin Relation to other law. new text end

new text begin This section does not supersede a statutory
requirement to conduct a criminal history background investigation or consider criminal
history records in hiring for particular types of employment.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
actions commenced on or after that date.
new text end

Sec. 11.

Minnesota Statutes 2008, section 240.08, is amended by adding a subdivision
to read:


new text begin Subd. 2a. new text end

new text begin Certain occupational licenses. new text end

new text begin The commission may issue a license to
an applicant otherwise disqualified pursuant to subdivision 2, clause (b), for an occupation
that does not involve gaming operations, security, surveillance, or the handling of
pari-mutuel or card club revenues provided that the applicant has not been convicted of a
felony or a crime involving fraud or misrepresentation within ten years of application,
has never been convicted of a gambling-related offense, does not have a felony charge
pending, has been discharged from any supervision related to the disqualifying offense for
a period of at least five years, and is not required to register pursuant to section 243.166.
new text end

Sec. 12.

Minnesota Statutes 2008, section 244.10, is amended by adding a subdivision
to read:


new text begin Subd. 5a. new text end

new text begin Aggravating factors. new text end

new text begin (a) As used in this section, "aggravating factors"
include, but are not limited to, situations where:
new text end

new text begin (1) the victim was particularly vulnerable due to age, infirmity, or reduced physical
or mental capacity, which was known or should have been known to the offender;
new text end

new text begin (2) the victim was treated with particular cruelty for which the offender should
be held responsible;
new text end

new text begin (3) the current conviction is for a criminal sexual conduct offense or an offense
in which the victim was otherwise injured and there is a prior felony conviction for a
criminal sexual conduct offense or an offense in which the victim was otherwise injured;
new text end

new text begin (4) the offense was a major economic offense, identified as an illegal act or series
of illegal acts committed by other than physical means and by concealment or guile to
obtain money or property, to avoid payment or loss of money or property, or to obtain
business or professional advantage. The presence of two or more of the circumstances
listed below are aggravating factors with respect to the offense:
new text end

new text begin (i) the offense involved multiple victims or multiple incidents per victim;
new text end

new text begin (ii) the offense involved an attempted or actual monetary loss substantially greater
than the usual offense or substantially greater than the minimum loss specified in the
statutes;
new text end

new text begin (iii) the offense involved a high degree of sophistication or planning or occurred
over a lengthy period of time;
new text end

new text begin (iv) the offender used the offender's position or status to facilitate the commission of
the offense, including positions of trust, confidence, or fiduciary relationships; or
new text end

new text begin (v) the offender had been involved in other conduct similar to the current offense
as evidenced by the findings of civil or administrative law proceedings or the imposition
of professional sanctions;
new text end

new text begin (5) the offense was a major controlled substance offense, identified as an offense or
series of offenses related to trafficking in controlled substances under circumstances more
onerous than the usual offense. The presence of two or more of the circumstances listed
below are aggravating factors with respect to the offense:
new text end

new text begin (i) the offense involved at least three separate transactions in which controlled
substances were sold, transferred, or possessed with intent to do so;
new text end

new text begin (ii) the offense involved an attempted or actual sale or transfer of controlled
substances in quantities substantially larger than for personal use;
new text end

new text begin (iii) the offense involved the manufacture of controlled substances for use by
other parties;
new text end

new text begin (iv) the offender knowingly possessed a firearm during the commission of the
offense;
new text end

new text begin (v) the circumstances of the offense reveal the offender to have occupied a high
position in the drug distribution hierarchy;
new text end

new text begin (vi) the offense involved a high degree of sophistication or planning or occurred
over a lengthy period of time or involved a broad geographic area of disbursement; or
new text end

new text begin (vii) the offender used the offender's position or status to facilitate the commission
of the offense, including positions of trust, confidence, or fiduciary relationships;
new text end

new text begin (6) the offender committed, for hire, a crime against the person;
new text end

new text begin (7) the offender is sentenced according to section 609.3455, subdivision 3a;
new text end

new text begin (8) the offender is a dangerous offender who committed a third violent crime, as
described in section 609.1095, subdivision 2;
new text end

new text begin (9) the offender is a career offender as described in section 609.1095, subdivision 4;
new text end

new text begin (10) the offender committed the crime as part of a group of three or more persons
who all actively participated in the crime;
new text end

new text begin (11) the offender intentionally selected the victim or the property against which the
offense was committed, in whole or in part, because of the victim's, the property owner's,
or another's actual or perceived race, color, religion, sex, sexual orientation, disability,
age, or national origin;
new text end

new text begin (12) the offender used another's identity without authorization to commit a crime.
This aggravating factor may not be used when the use of another's identity is an element
of the offense;
new text end

new text begin (13) the offense was committed in the presence of a child; and
new text end

new text begin (14) the offense was committed in a location in which the victim had an expectation
of privacy.
new text end

new text begin (b) Notwithstanding section 609.04 or 609.035, or other law to the contrary, when a
court sentences an offender for a felony conviction, the court may order an aggravated
sentence beyond the range specified in the sentencing guidelines grid based on any
aggravating factor arising from the same course of conduct.
new text end

new text begin (c) Nothing in this section limits a court from ordering an aggravated sentence based
on an aggravating factor not described in paragraph (a).
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 13.

Minnesota Statutes 2008, section 244.195, subdivision 2, is amended to read:


Subd. 2.

Detention pending hearing.

When it appears necessary to enforce
discipline or to prevent a person on conditional release from escaping or absconding from
supervision, a court services director has the authority to issue a written order directing
any peace officer deleted text beginin the countydeleted text end or any deleted text begincountydeleted text end probation officer new text beginin the state new text endserving the
district and juvenile courts deleted text beginof the countydeleted text end to detain and bring the person before the court
or the commissioner, whichever is appropriate, for disposition. This written order is
sufficient authority for the peace officer or probation officer to detain the person for not
more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a hearing
before the court or the commissioner.

Sec. 14.

Minnesota Statutes 2008, section 244.195, subdivision 3, is amended to read:


Subd. 3.

Release before hearing.

A court services director has the authority to
issue a written order directing deleted text begina countydeleted text end new text beginany peace officer or new text endprobation officer serving the
district and juvenile courts deleted text beginof the countydeleted text end new text beginin the state new text endto release a person detained under
subdivision 2 within 72 hours, excluding Saturdays, Sundays, and holidays, without an
appearance before the court or the commissioner. This written order is sufficient authority
for the deleted text begincountydeleted text end new text beginpeace officer or new text endprobation officer to release the detained person.

Sec. 15.

Minnesota Statutes 2008, section 244.195, subdivision 4, is amended to read:


Subd. 4.

Detention of pretrial releasee.

A court services director has the authority
to issue a written order directing any peace officer deleted text beginin the countydeleted text end or any probation officer
serving the district and juvenile courts deleted text beginof the countydeleted text end new text beginin the state new text endto detain any person on
court-ordered pretrial release who absconds from pretrial release or fails to abide by the
conditions of pretrial release. A written order issued under this subdivision is sufficient
authority for the peace officer or probation officer to detain the person.

Sec. 16.

Minnesota Statutes 2008, section 246.13, subdivision 2, is amended to read:


Subd. 2.

Definitions; risk assessment and management.

(a) As used in this
section:

(1) "appropriate and necessary medical and other records" includes patient medical
records and other protected health information as defined by Code of Federal Regulations,
title 45, section 164.501, relating to a patient in a state-operated services facility including,
but not limited to, the patient's treatment plan and abuse prevention plan that is pertinent
to the patient's ongoing care, treatment, or placement in a community-based treatment
facility or a health care facility that is not operated by state-operated services, and
includes information describing the level of risk posed by a patient when the patient
enters the facility;

(2) "community-based treatment" means the community support services listed in
section 253B.02, subdivision 4b;

(3) "criminal history data" means those data maintained or used by the Departments
of Corrections and Public Safety and by the supervisory authorities listed in section
13.84, subdivision 1, that relate to an individual's criminal history or propensity for
violence, including data in the Corrections Offender Management System (COMS)
and Statewide Supervision System (S3) maintained by the Department of Corrections;
deleted text begin the Criminal Justice Information System (CJIS)deleted text endnew text begin and criminal history data as defined in
section 13.87, Integrated Search Service as defined in section 13.873,
new text end and the Predatory
Offender Registration (POR) system maintained by the Department of Public Safetydeleted text begin;
and the CriMNet system
deleted text end;

(4) "designated agency" means the agency defined in section 253B.02, subdivision 5;

(5) "law enforcement agency" means the law enforcement agency having primary
jurisdiction over the location where the offender expects to reside upon release;

(6) "predatory offender" and "offender" mean a person who is required to register as
a predatory offender under section 243.166; and

(7) "treatment facility" means a facility as defined in section 253B.02, subdivision 19.

(b) To promote public safety and for the purposes and subject to the requirements of
this paragraph, the commissioner or the commissioner's designee shall have access to, and
may review and disclose, medical and criminal history data as provided by this section, as
necessary to comply with Minnesota Rules, part 1205.0400:

(1) to determine whether a patient is required under state law to register as a
predatory offender according to section 243.166;

(2) to facilitate and expedite the responsibilities of the special review board and
end-of-confinement review committees by corrections institutions and state treatment
facilities;

(3) to prepare, amend, or revise the abuse prevention plans required under section
626.557, subdivision 14, and individual patient treatment plans required under section
253B.03, subdivision 7;

(4) to facilitate the custody, supervision, and transport of individuals transferred
between the Department of Corrections and the Department of Human Services; or

(5) to effectively monitor and supervise individuals who are under the authority of
the Department of Corrections, the Department of Human Services, and the supervisory
authorities listed in section 13.84, subdivision 1.

(c) The state-operated services treatment facility must make a good faith effort
to obtain written authorization from the patient before releasing information from the
patient's medical record.

(d) If the patient refuses or is unable to give informed consent to authorize the
release of information required above, the chief executive officer for state-operated
services shall provide the appropriate and necessary medical and other records. The chief
executive officer shall comply with the minimum necessary requirements.

(e) The commissioner may have access to the National Crime Information Center
(NCIC) database, through the Department of Public Safety, in support of the law
enforcement functions described in paragraph (b).

Sec. 17.

Minnesota Statutes 2008, section 253B.141, subdivision 1, is amended to read:


Subdivision 1.

Report of absence.

(a) If a patient committed under this chapter or
detained under a judicial hold is absent without authorization, and either: (1) does not
return voluntarily within 72 hours of the time the unauthorized absence began; or (2) is
considered by the head of the treatment facility to be a danger to self or others, then the
head of the treatment facility shall report the absence to the local law enforcement agency.
The head of the treatment facility shall also notify the committing court that the patient is
absent and that the absence has been reported to the local law enforcement agency. The
committing court may issue an order directing the law enforcement agency to transport the
patient to an appropriate facility.

(b) Upon receiving a report that a patient subject to this section is absent without
authorization, the local law enforcement agency shall enter information on the patient
deleted text begin through the criminal justice information systemdeleted text end into the missing persons file of the
National Crime Information Center computer according to the missing persons practices.

Sec. 18.

Minnesota Statutes 2008, section 299A.681, is amended to read:


299A.681 FINANCIAL CRIMES deleted text beginOVERSIGHT COUNCILdeleted text end new text beginADVISORY
BOARD
new text endAND TASK FORCE.

Subdivision 1.

deleted text beginOversight Councildeleted text endnew text begin Advisory boardnew text end.

The Minnesota Financial
Crimes deleted text beginOversight Councildeleted text end new text beginAdvisory Board new text endshall provide deleted text beginguidancedeleted text end new text beginadvice to the
commissioner of public safety
new text endrelated to the investigation and prosecution of identity
theft and financial crime.

Subd. 2.

Membership.

The deleted text beginOversight Councildeleted text end new text beginadvisory board new text endconsists of the
following individuals, or their designees:

(1) the commissioner of public safety;

(2) the attorney general;

(3) two chiefs of police, selected by the Minnesota Chiefs of Police Association
deleted text begin from police departments that participate in the Minnesota Financial Crimes Task Forcedeleted text end;

(4) two sheriffs, selected by the Minnesota Sheriffs Association deleted text beginfrom sheriff
departments that participate in the task force
deleted text end;

(5) the United States attorney for the district of Minnesota;

(6) a county attorney, selected by the Minnesota County Attorneys Association;

deleted text begin (7) a representative from the United States Postal Inspector's Office, selected by the
oversight council;
deleted text end

deleted text begin (8) a representative from a not-for-profit retail merchants industry, selected by the
oversight council;
deleted text end

deleted text begin (9) a representative from a not-for-profit banking and credit union industry, selected
by the oversight council;
deleted text end

deleted text begin (10) a representative from a not-for-profit association representing senior citizens,
selected by the oversight council;
deleted text end

deleted text begin (11) deleted text end new text begin (7) a representative from the Board of Public Defense, selected by that board;
new text end

new text begin (8) a representative from a federal law enforcement agency, selected by the advisory
board;
new text end

new text begin (9) a representative from the retail merchants industry, selected by the advisory
board;
new text end

new text begin (10) a representative from the banking and credit union industry, selected by the
advisory board;
new text end

new text begin (11) a representative on behalf of senior citizens, selected by the advisory board;
new text end

new text begin (12)new text end the statewide commander of the task force;

deleted text begin (12) a representative from the Board of Public Defense, selected by the board;
deleted text end

(13) two additional members selected by the deleted text beginoversight councildeleted text endnew text begin advisory boardnew text end;

(14) a senator who serves on the committee having jurisdiction over criminal justice
policy, chosen by the Subcommittee on Committees of the senate Committee on Rules
and Administration; and

(15) a representative who serves on the committee having jurisdiction over criminal
justice policy, chosen by the speaker of the house.

The deleted text beginoversight councildeleted text endnew text begin advisory boardnew text end may adopt procedures to govern its conduct and
shall select a chair from among its members. The legislative members of the deleted text begincouncildeleted text endnew text begin
advisory board
new text end may not vote on matters before the deleted text begincouncildeleted text endnew text begin boardnew text end.

Subd. 3.

Duties.

The deleted text beginoversight council shall developdeleted text endnew text begin advisory board shall offer
advice to the commissioner on the development of
new text end an overall strategy to ameliorate the
harm caused to the public by identity theft and financial crime within Minnesota. The
strategy may include the development of protocols and procedures to investigate financial
crimes and a structure for best addressing these issues new text beginon a statewide basis and new text endin a
multijurisdictional manner. deleted text beginAdditionally, the oversight councildeleted text endnew text begin The commissionernew text end shall:

(1) establish a multijurisdictional statewide Minnesota Financial Crimes Task Force
to investigate major financial crimes;

(2) new text beginwith advice from the advisory board, new text endselect a statewide commander of the task
force who serves at the pleasure of the deleted text beginoversight councildeleted text endnew text begin commissionernew text end;

(3) deleted text beginassist the Department of Public Safety in developingdeleted text endnew text begin developnew text end an objective grant
review application process that is free from conflicts of interest;

(4) deleted text beginmake funding recommendations to the commissioner of public safety ondeleted text endnew text begin with
advice from the advisory board, issue
new text end grants to support efforts to combat identity theft
and financial crime;

(5) new text beginwith advice from the advisory board, new text endassist law enforcement agencies and victims
in developing a process to collect and share information to improve the investigation and
prosecution of identity theft and financial crime;

(6) new text beginwith advice from the advisory board, new text enddevelop and approve an operational budget
for the office of the statewide commander and the deleted text beginoversight councildeleted text endnew text begin Minnesota Financial
Crimes Task Force
new text end; and

(7) enter into any contracts necessary to establish and maintain a relationship with
retailers, financial institutions, and other businesses to deal effectively with identity theft
and financial crime.

The task force described in clause (1) may consist of members from local law enforcement
agencies, federal law enforcement agencies, state and federal prosecutors' offices, deleted text beginthe
Board of Public Defense,
deleted text end and representatives from deleted text beginelderly victims,deleted text end retailnew text begin businessesnew text end,
financial institutions, and not-for-profit organizations.

Subd. 4.

Statewide commander.

(a) deleted text beginThe Minnesota Financial Crimes Task Force
commander under Minnesota Statutes 2004, section 299A.68, shall oversee the transition
of that task force into the task force described in subdivision 3 and remain in place as its
commander until July 1, 2008. On that date,
deleted text end The commissioner of public safety shall
appoint deleted text beginasdeleted text endnew text begin anew text end statewide commander deleted text beginthe individual selected by the oversight council under
subdivision 3
deleted text end.

(b) The commander shall:

(1) coordinate and monitor all multijurisdictional identity theft and financial crime
enforcement activities;

(2) facilitate local efforts and ensure statewide coordination with efforts to combat
identity theft and financial crime;

(3) facilitate training for law enforcement and other personnel;

(4) monitor compliance with investigative protocols;

(5) implement an outcome evaluation and data quality control process;

(6) be responsible for the selection and for cause removal of assigned task force
investigators who are designated participants under a memorandum of understanding or
who receive grant funding;

(7) provide supervision of assigned task force investigators;

(8) submit a task force operational budget to the deleted text beginoversight councildeleted text end new text begin commissioner of
public safety
new text endfor approval; and

(9) submit quarterly task force activity reports to the deleted text beginoversight councildeleted text endnew text begin advisory
board
new text end.

Subd. 5.

Participating officers; employment status.

All law enforcement officers
selected to participate in the task force must be licensed peace officers as defined in section
626.84, subdivision 1, or qualified federal law enforcement officers as defined in section
626.8453. Participating officers remain employees of the same entity that employed them
before joining any multijurisdictional entity established under this section. Participating
officers are not employees of the state.

Subd. 6.

Jurisdiction and powers.

Law enforcement officers participating in any
multijurisdictional entity established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of arrest as those possessed
by a sheriff. deleted text beginThe task force shall retain from its predecessor the assigned originating
reporting number for case reporting purposes.
deleted text end

Subd. 7.

Grants authorized.

The commissioner of public safety, deleted text beginupon
recommendation of the oversight council
deleted text endnew text begin with advice from the advisory boardnew text end, shall
make grants to state and local units of government to combat identity theft and financial
crime. The commander, as funding permits, may prepare a budget to establish four
regional districts and funding grant allocations programs outside the counties of Hennepin,
Ramsey, Anoka, Washington, and Dakota. The budget must be reviewed and approved by
the deleted text beginoversight council and recommended to thedeleted text end commissioner to support these efforts.

Subd. 8.

Victims assistance program.

(a) The deleted text beginoversight councildeleted text endnew text begin commissionernew text end
may establish a victims' assistance program to assist victims of economic crimes and
provide prevention and awareness programs. The deleted text beginoversight councildeleted text endnew text begin commissionernew text end may
retain the services of not-for-profit organizations to assist in the development and delivery
systems in aiding victims of financial crime. The program may not provide any financial
assistance to victims, but may assist victims in obtaining police assistance and advise
victims in how to protect personal accounts and identities. Services may include a victim
toll-free telephone number, fax number, Web site, Monday through Friday telephone
service, e-mail response, and interfaces to other helpful Web sites. Victims' information
compiled are governed under chapter 13.

(b) The deleted text beginoversight councildeleted text endnew text begin commissionernew text end may post or communicate through public
service announcements in newspapers, radio, television, cable access, billboards, Internet,
Web sites, and other normal advertising channels, a financial reward of up to $2,000 for
tips leading to the apprehension and successful prosecution of individuals committing
economic crime. All rewards must deleted text beginmeet the oversight council's standardsdeleted text endnew text begin be approved by
the commissioner
new text end. The release of funds must be made to an individual whose information
leads to the apprehension and prosecution of offenders committing economic or financial
crimes against citizens or businesses in Minnesota. All rewards paid to an individual must
be reported to the Department of Revenue along with the individual's Social Security
number.

Subd. 9.

deleted text beginOversight councildeleted text endnew text begin Advisory boardnew text end and task force are permanent.

Notwithstanding section 15.059, this section does not expire.

Subd. 10.

Funding.

The deleted text beginoversight councildeleted text endnew text begin commissionernew text end may accept lawful grants
and in-kind contributions from any federal, state, or local source or legal business or
individual not funded by this section for general operation support, including personnel
costs. These grants or in-kind contributions are not to be directed toward the case of a
particular victim or business. The deleted text beginoversight council'sdeleted text endnew text begin task force'snew text end fiscal agent shall handle
all funds approved by the deleted text beginoversight councildeleted text endnew text begin commissionernew text end, including in-kind contributions.

Subd. 11.

Forfeiture.

Property seized by the task force is subject to forfeiture
pursuant to sections 609.531, 609.5312, 609.5313, and 609.5315 if ownership cannot be
established. The deleted text begincouncildeleted text endnew text begin task forcenew text end shall receive the proceeds from the sale of all property
properly seized and forfeited.

deleted text begin Subd. 12. deleted text end

deleted text begin Transfer equipment from current task force. deleted text end

deleted text begin All equipment possessed
by the task force described in Minnesota Statutes 2004, section 299A.68, is transferred to
the oversight council for use by the task force described in this section.
deleted text end

Subd. 13.

Report required.

By February 1 of each year, the deleted text beginoversight councildeleted text endnew text begin
commissioner
new text end shall report to the chairs and ranking minority members of the senate and
house of representatives committees and divisions having jurisdiction over criminal
justice policy and funding on the activities of the deleted text begincouncil anddeleted text end task force. At a minimum,
this annual report must include:

(1) a description of the deleted text begincouncil's anddeleted text end task force's goals for the previous year and
for the coming year;

(2) a description of the outcomes the deleted text begincouncil anddeleted text end task force achieved or did not
achieve during the preceding year and a description of the outcomes they will seek to
achieve during the coming year;

(3) any legislative recommendations the deleted text begincouncil or task forcedeleted text endnew text begin advisory board or
commissioner
new text end has including, where necessary, a description of the specific legislation
needed to implement the recommendations;

(4) a detailed accounting of how appropriated money, grants, and in-kind
contributions were spent; and

(5) a detailed accounting of the grants awarded under this section.

Sec. 19.

Minnesota Statutes 2008, section 299C.115, is amended to read:


299C.115 WARRANT INFORMATION PROVIDED TO STATE.

(a) By January 1, 1996, every county shall, in the manner provided in either clause
(1) or (2), make warrant information available to other users of the deleted text beginMinnesota criminal
justice information system
deleted text endnew text begin criminal justice data communications network as defined
in section 299C.46
new text end:

(1) the county shall enter the warrant information in the warrant file deleted text beginof the Minnesota
criminal justice information system
deleted text endnew text begin maintained by the Bureau of Criminal Apprehension
in the Department of Public Safety
new text end; or

(2) the county, at no charge to the state, shall make the warrant information that
is maintained in the county's computer accessible by means of a single query deleted text beginto the
Minnesota criminal justice information system
deleted text endnew text begin made through the Bureau of Criminal
Apprehension in the Department of Public Safety
new text end.

(b) As used in this section, "warrant information" means information on all
outstanding felony, gross misdemeanor, and misdemeanor warrants for adults and
juveniles that are issued within the county.

Sec. 20.

Minnesota Statutes 2008, section 299C.40, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in this subdivision apply to this
section.

(b) "CIBRS" means the Comprehensive Incident-Based Reporting System, located
in the Department of Public Safety and managed by the Bureau of Criminal Apprehensiondeleted text begin,
Criminal Justice Information Systems Section
deleted text end. A reference in this section to "CIBRS"
includes the Bureau of Criminal Apprehension.

(c) "Law enforcement agency" means a Minnesota municipal police department,
the Metropolitan Transit Police, the Metropolitan Airports Police, the University of
Minnesota Police Department, the Department of Corrections Fugitive Apprehension
Unit, a Minnesota county sheriff's department, the Bureau of Criminal Apprehension, or
the Minnesota State Patrol.

Sec. 21.

Minnesota Statutes 2008, section 299C.46, subdivision 1, is amended to read:


Subdivision 1.

Establishment; interconnection.

The commissioner of public
safety shall establish a criminal justice data communications network which will enable
the interconnection of the criminal justice agencies within the state deleted text begininto a unified criminal
justice information system
deleted text end. The commissioner of public safety is authorized to lease
or purchase facilities and equipment as may be necessary to establish and maintain the
data communications network.

Sec. 22.

Minnesota Statutes 2008, section 299C.52, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

As used in sections 299C.52 to 299C.56, the following
terms have the meanings given them:

(a) "Child" means any person under the age of 18 years or any person certified or
known to be mentally incompetent.

(b) deleted text begin"CJIS" means Minnesota criminal justice information system.
deleted text end

deleted text begin (c)deleted text end "Missing" means the status of a child after a law enforcement agency that
has received a report of a missing child has conducted a preliminary investigation and
determined that the child cannot be located.

deleted text begin (d)deleted text endnew text begin (c)new text end "NCIC" means National Crime Information Center.

deleted text begin (e)deleted text endnew text begin (d)new text end "Endangered" means that a law enforcement official has received sufficient
evidence that the child is with a person who presents a threat of immediate physical injury
to the child or physical or sexual abuse of the child.

Sec. 23.

Minnesota Statutes 2008, section 299C.52, subdivision 3, is amended to read:


Subd. 3.

Computer equipment and programs.

The commissioner shall provide
the necessary computer hardware and computer programs to enter, modify, and cancel
information on missing children in the NCIC computer deleted text beginthrough the CJISdeleted text end. These programs
must provide for search and retrieval of information using the following identifiers:
physical description, name and date of birth, name and Social Security number, name
and driver's license number, vehicle license number, and vehicle identification number.
The commissioner shall also provide a system for regional, statewide, multistate, and
nationwide broadcasts of information on missing children. These broadcasts shall be
made by local law enforcement agencies where possible or, in the case of statewide or
nationwide broadcasts, by the Bureau of Criminal Apprehension upon request of the local
law enforcement agency.

Sec. 24.

Minnesota Statutes 2008, section 299C.52, subdivision 4, is amended to read:


Subd. 4.

Authority to enter or retrieve information.

Only law enforcement
agencies may enter missing child information deleted text beginthrough the CJISdeleted text end into the NCIC computer or
retrieve information deleted text beginthrough the CJISdeleted text end from the NCIC computer.

Sec. 25.

Minnesota Statutes 2008, section 299C.53, subdivision 1, is amended to read:


Subdivision 1.

Investigation and entry of information.

Upon receiving a report
of a child believed to be missing, a law enforcement agency shall conduct a preliminary
investigation to determine whether the child is missing. If the child is initially determined
to be missing and endangered, the agency shall immediately consult the Bureau of
Criminal Apprehension during the preliminary investigation, in recognition of the fact
that the first two hours are critical. If the child is determined to be missing, the agency
shall immediately enter identifying and descriptive information about the child deleted text beginthrough
the CJIS
deleted text end into the NCIC computer. Law enforcement agencies having direct access to deleted text beginthe
CJIS and
deleted text end the NCIC computer shall enter and retrieve the data directly and shall cooperate
in the entry and retrieval of data on behalf of law enforcement agencies which do not
have direct access to the systems.

Sec. 26.

Minnesota Statutes 2008, section 299C.62, subdivision 1, is amended to read:


Subdivision 1.

Generally.

The superintendent shall develop procedures to enable a
children's service provider to request a background check to determine whether a children's
service worker is the subject of any reported conviction for a background check crime.
The superintendent shall perform the background check by retrieving and reviewing data
on background check crimes deleted text beginmaintained in the CJIS computersdeleted text end. The superintendent is
authorized to exchange fingerprints with the Federal Bureau of Investigation for purposes
of a criminal history check. The superintendent shall recover the cost of a background
check through a fee charged the children's service provider.

Sec. 27.

Minnesota Statutes 2008, section 299C.65, subdivision 1, is amended to read:


Subdivision 1.

Membership, duties.

(a) The Criminal and Juvenile Justice
Information Policy Group consists of the commissioner of corrections, the commissioner
of public safety, the state chief information officer, the commissioner of finance, four
members of the judicial branch appointed by the chief justice of the Supreme Court,
and the chair and first vice-chair of the Criminal and Juvenile Justice Information Task
Force. The policy group may appoint additional, nonvoting members as necessary from
time to time.

(b) The commissioner of public safety is designated as the chair of the policy group.
The commissioner and the policy group have overall responsibility for the deleted text beginsuccessful
completion
deleted text endnew text begin integrationnew text end of statewide criminal justice information deleted text beginsystem integration
(CriMNet)
deleted text endnew text begin systems. This integration effort shall be known as CriMNetnew text end. The policy group
may hire an executive director to manage the CriMNet projects and to be responsible for
the day-to-day operations of CriMNet. The executive director shall serve at the pleasure
of the policy group in unclassified service. The policy group must ensure that generally
accepted project management techniques are utilized for each CriMNet project, including:

(1) clear sponsorship;

(2) scope management;

(3) project planning, control, and execution;

(4) continuous risk assessment and mitigation;

(5) cost management;

(6) quality management reviews;

(7) communications management;

(8) proven methodology; and

(9) education and training.

(c) Products and services for CriMNet project management, system design,
implementation, and application hosting must be acquired using an appropriate
procurement process, which includes:

(1) a determination of required products and services;

(2) a request for proposal development and identification of potential sources;

(3) competitive bid solicitation, evaluation, and selection; and

(4) contract administration and close-out.

(d) The policy group shall study and make recommendations to the governor, the
Supreme Court, and the legislature on:

(1) a framework for integrated criminal justice information systems, including the
development and maintenance of a community data model for state, county, and local
criminal justice information;

(2) the responsibilities of each entity within the criminal and juvenile justice systems
concerning the collection, maintenance, dissemination, and sharing of criminal justice
information with one another;

(3) actions necessary to ensure that information maintained in the criminal justice
information systems is accurate and up-to-date;

(4) the development of an information system containing criminal justice
information on gross misdemeanor-level and felony-level juvenile offenders that is part of
the integrated criminal justice information system framework;

(5) the development of an information system containing criminal justice
information on misdemeanor arrests, prosecutions, and convictions that is part of the
integrated criminal justice information system framework;

(6) comprehensive training programs and requirements for all individuals in criminal
justice agencies to ensure the quality and accuracy of information in those systems;

(7) continuing education requirements for individuals in criminal justice agencies
who are responsible for the collection, maintenance, dissemination, and sharing of
criminal justice data;

(8) a periodic audit process to ensure the quality and accuracy of information
contained in the criminal justice information systems;

(9) the equipment, training, and funding needs of the state and local agencies that
participate in the criminal justice information systems;

(10) the impact of integrated criminal justice information systems on individual
privacy rights;

(11) the impact of proposed legislation on the criminal justice system, including any
fiscal impact, need for training, changes in information systems, and changes in processes;

(12) the collection of data on race and ethnicity in criminal justice information
systems;

(13) the development of a tracking system for domestic abuse orders for protection;

(14) processes for expungement, correction of inaccurate records, destruction of
records, and other matters relating to the privacy interests of individuals; and

(15) the development of a database for extended jurisdiction juvenile records and
whether the records should be public or private and how long they should be retained.

Sec. 28.

Minnesota Statutes 2008, section 299C.65, subdivision 5, is amended to read:


Subd. 5.

Review of funding and grant requests.

(a) The Criminal and Juvenile
Justice Information Policy Group shall review the funding requests for criminal justice
information systems from state, county, and municipal government agencies. The
policy group shall review the requests for compatibility to statewide criminal justice
information system standards. The review shall be forwarded to the chairs and ranking
minority members of the house of representatives and senate committees and divisions
with jurisdiction over criminal justice funding and policy.

(b) The deleted text beginCriMNet program officedeleted text endnew text begin executive directornew text end, in consultation with the
Criminal and Juvenile Justice Information Task Force and with the approval of the policy
group, shall create the requirements for any grant request and determine the integration
priorities for the grant period. The deleted text beginCriMNet program officedeleted text endnew text begin executive directornew text end shall also
review the requests submitted for compatibility to statewide criminal justice information
systems standards.

(c) The task force shall review funding requests for criminal justice information
systems grants and make recommendations to the policy group. The policy group shall
review the recommendations of the task force and shall make a final recommendation
for criminal justice information systems grants to be made by the commissioner of
public safety. Within the limits of available state appropriations and federal grants, the
commissioner of public safety shall make grants for projects that have been recommended
by the policy group.

(d) The policy group may approve grants only if the applicant provides an
appropriate share of matching funds as determined by the policy group to help pay up to
one-half of the costs of the grant request. The matching requirement must be constant for
all applicants within each grant offering. The policy group shall adopt policies concerning
the use of in-kind resources to satisfy the match requirement and the sources from which
matching funds may be obtained. Local operational or technology staffing costs may be
considered as meeting this match requirement. Each grant recipient shall certify to the
policy group that it has not reduced funds from local, county, federal, or other sources
which, in the absence of the grant, would have been made available to the grant recipient
to improve or integrate criminal justice technology.

(e) All grant recipients shall submit to the deleted text beginCriMNet program officedeleted text endnew text begin executive
director
new text end all requested documentation including grant status, financial reports, and a final
report evaluating how the grant funds improved the agency's criminal justice integration
priorities. The deleted text beginCriMNet program officedeleted text endnew text begin executive directornew text end shall establish the recipient's
reporting dates at the time funds are awarded.

Sec. 29.

Minnesota Statutes 2008, section 299C.68, subdivision 2, is amended to read:


Subd. 2.

Procedures.

The superintendent shall develop procedures to enable an
owner to request a background check to determine whether a manager is the subject of
a reported conviction for a background check crime. The superintendent shall perform
the background check by retrieving and reviewing data on background check crimes
deleted text begin maintained in the CJIS computersdeleted text end. The superintendent shall notify the owner in writing
of the results of the background check. If the manager has resided in Minnesota for
less than ten years or upon request of the owner, the superintendent shall also either:
(1) conduct a search of the national criminal records repository, including the criminal
justice data communications network; or (2) conduct a search of the criminal justice data
communications network records in the state or states where the manager has resided
for the preceding ten years. The superintendent is authorized to exchange fingerprints
with the Federal Bureau of Investigation for purposes of the criminal history check.
The superintendent shall recover the cost of a background check through a fee charged
to the owner.

Sec. 30.

new text begin [364.021] PUBLIC EMPLOYMENT; CONSIDERATION OF
CRIMINAL RECORDS.
new text end

new text begin (a) A public employer may not inquire into or consider the criminal record or
criminal history of an applicant for public employment until the applicant has been
selected for an interview by the employer.
new text end

new text begin (b) This section does not apply to the Department of Corrections or to public
employers who have a statutory duty to conduct a criminal history background check
or otherwise take into consideration a potential employee's criminal history during the
hiring process.
new text end

new text begin (c) This section does not prohibit a public employer from notifying applicants that
law or the employer's policy will disqualify an individual with a particular criminal history
background from employment in particular positions.
new text end

Sec. 31.

Minnesota Statutes 2008, section 388.24, subdivision 4, is amended to read:


Subd. 4.

Reporting of data to deleted text begincriminal justice information system (CJIS)deleted text endnew text begin
Bureau of Criminal Apprehension
new text end.

Effective August 1, 1997, every county attorney who
establishes a diversion program under this section shall report the following information
to the Bureau of Criminal Apprehension:

(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;

(2) the date on which the individual began to participate in the diversion program;

(3) the date on which the individual is expected to complete the diversion program;

(4) the date on which the individual successfully completed the diversion program,
where applicable; and

(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.

The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text beginof the Minnesota Criminal Justice
Information System
deleted text endnew text begin as defined in section 13.87new text end.

Sec. 32.

Minnesota Statutes 2008, section 401.025, subdivision 1, is amended to read:


Subdivision 1.

Peace officers and probation officers serving CCA counties.

(a)
When it appears necessary to enforce discipline or to prevent a person on conditional
release from escaping or absconding from supervision, the chief executive officer or
designee of a community corrections agency in a CCA county has the authority to issue
a written order directing any peace officer deleted text beginin the countydeleted text end or any probation officernew text begin in the
state
new text end serving the district and juvenile courts deleted text beginof the countydeleted text end to detain and bring the person
before the court or the commissioner, whichever is appropriate, for disposition. This
written order is sufficient authority for the peace officer or probation officer to detain the
person for not more than 72 hours, excluding Saturdays, Sundays, and holidays, pending a
hearing before the court or the commissioner.

(b) The chief executive officer or designee of a community corrections agency in a
CCA county has the authority to issue a written order directing anew text begin peace officer ornew text end probation
officer serving the district and juvenile courts deleted text beginof the countydeleted text end to release a person detained
under paragraph (a) within 72 hours, excluding Saturdays, Sundays, and holidays, without
an appearance before the court or the commissioner. This written order is sufficient
authority for thenew text begin peace officer ornew text end probation officer to release the detained person.

(c) The chief executive officer or designee of a community corrections agency in a
CCA county has the authority to issue a written order directing any peace officer deleted text beginin the
county
deleted text end or any probation officer serving the district and juvenile courts deleted text beginof the countydeleted text end to
detain any person on court-ordered pretrial release who absconds from pretrial release
or fails to abide by the conditions of pretrial release. A written order issued under this
paragraph is sufficient authority for the peace officer or probation officer to detain the
person.

Sec. 33.

Minnesota Statutes 2008, section 401.065, subdivision 3a, is amended to read:


Subd. 3a.

Reporting of data to deleted text begincriminal justice information system (CJIS)deleted text endnew text begin
Bureau of Criminal Apprehension
new text end.

(a) Every county attorney who establishes a
diversion program under this section shall report the following information to the Bureau
of Criminal Apprehension:

(1) the name and date of birth of each diversion program participant and any other
identifying information the superintendent considers necessary;

(2) the date on which the individual began to participate in the diversion program;

(3) the date on which the individual is expected to complete the diversion program;

(4) the date on which the individual successfully completed the diversion program,
where applicable; and

(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.

The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text beginof the Minnesota criminal justice
information system
deleted text endnew text begin as defined in section 13.87new text end.

(b) Effective August 1, 1997, the reporting requirements of this subdivision shall
apply to misdemeanor offenses.

Sec. 34.

Minnesota Statutes 2008, section 403.36, is amended by adding a subdivision
to read:


new text begin Subd. 1g. new text end

new text begin State Interoperability Executive Committee. new text end

new text begin (a) In addition to
responsibilities provided for in subdivision 1e, the Statewide Radio Board is designated as
Minnesota's State Interoperability Executive Committee.
new text end

new text begin (b) As Minnesota's State Interoperability Executive Committee, the Statewide
Radio Board shall:
new text end

new text begin (1) develop and maintain a statewide plan for local and private public safety
communications interoperability that integrates with the Minnesota emergency operation
plan;
new text end

new text begin (2) develop and adopt guidelines and operational standards for local and private
public safety communications interoperability within Minnesota;
new text end

new text begin (3) promote coordination and cooperation among local, state, federal, and
tribal public safety agencies in addressing statewide public safety communications
interoperability within Minnesota;
new text end

new text begin (4) advise the commissioner of the Department of Public Safety on public safety
communications interoperability and on the allocation and use of funds made available to
Minnesota to support public safety communications interoperability;
new text end

new text begin (5) to the extent permitted by federal law, Federal Communications Commission
regulations, and the National Telecommunications and Information Administration,
develop guidelines and standards for the efficient use of interoperability frequencies on all
frequency spectrums assigned to public safety users; and
new text end

new text begin (6) to the extent permitted by federal law and treaties with Canada, develop
guidelines and standards that support interoperability with adjoining states and provinces
of Canada along Minnesota's northern border.
new text end

Sec. 35.

Minnesota Statutes 2008, section 403.36, subdivision 2, is amended to read:


Subd. 2.

Plan contents.

(a) The statewide, shared radio and communication system
project plan must include:

(1) standards, guidelines, and comprehensive design for the system, including use
and integration of existing public and private communications infrastructure;

(2) proposed project implementation schedule, phases, and estimated costs for each
phase of the plan;

(3) recommended statutory changes required for effective implementation and
administration of the statewide, shared trunked radio and communication system; deleted text beginand
deleted text end

new text begin (4) an interoperability committee to make recommendations on the statewide plan
for local and private public safety communications interoperability and on guidelines and
operational standards necessary to promote public safety communications interoperability
within Minnesota; and
new text end

deleted text begin (4)deleted text endnew text begin (5)new text end a policy for the lease of excess space or capacity on systems constructed under
the project plan, consistent with section 174.70, subdivision 2, with priority given first to
local units of government for public safety communication transmission needs and second
to any other communications transmission needs of either the public or private sector.

(b) The Statewide Radio Board must ensure that generally accepted project
management techniques are utilized for each project or phase of the backbone of the
statewide, shared radio and communication system consistent with guidelines of the
Project Management Office of the Office of Enterprise Technology:

(1) clear sponsorship;

(2) scope management;

(3) project planning, control, and execution;

(4) continuous risk assessment and mitigation;

(5) cost management;

(6) quality management reviews;

(7) communications management; and

(8) proven methodology.

Sec. 36.

new text begin [471.347] HIRING REQUIREMENTS AUTHORIZED IN CITY
CONTRACTS.
new text end

new text begin A statutory or home rule charter city may provide by ordinance that persons or
entities that contract with the city for construction or services contracts be required to
employ a minimum number or percentage of city residents, low-income city residents, or
former offenders in the performance of the contract and for the duration of the contract
unless the employee is terminated for cause. At a minimum, the ordinance must state
the type of contracts covered, the minimum dollar amount of the contract to which the
hiring requirement applies, a definition of "low-income" if the ordinance applies to
hiring of low-income city residents, how the required number or percentage of persons
employed may be calculated, and the extent to which the requirements may be met by
existing employees of the contractor or new hires by the contractor. The ordinance may
provide for penalties to be imposed on the contractor for failure to comply with the
hiring requirements of the city ordinance including, but not limited to, civil penalties and
restrictions on future contractual agreements between the city and the contractor. This
section does not apply to contracts between the city and an exclusive representative of city
employees. For the purposes of this section, "former offender" means an individual who is
not currently incarcerated but who has previously been convicted of a felony, regardless of
whether the individual is currently under correctional supervision.
new text end

Sec. 37.

Minnesota Statutes 2008, section 480.23, is amended to read:


480.23 COMPUTER ACQUISITION BY COURTS.

In order to facilitate the effective management and coordination of the Minnesota
courts system, an appropriate official of any court or of a local governmental unit in
providing services to any court, if authorized by the state court administrator and with the
concurrence of the contracting vendor, may acquire electronic data processing equipment
or services through an existing contract originated by the Supreme Court. The state court
administrator shall grant this authority only pursuant to the implementation of justice
information systems compatible with systems deleted text beginparticipating on the Minnesota Criminal
Justice Information Systems Communications Network
deleted text end administered by the new text beginBureau of
Criminal Apprehension in the
new text endDepartment of Public Safety.

Sec. 38.

Minnesota Statutes 2008, section 484.91, subdivision 1, is amended to read:


Subdivision 1.

Establishment.

Misdemeanor violations bureaus new text beginin the Fourth
Judicial District
new text end shall be established in deleted text beginMinneapolis, a southern suburb location, and at
any other northern and western suburban
deleted text end locations deleted text begindispersed throughout the county as
may be
deleted text end designated by a majority of the judges of the court.

Sec. 39.

Minnesota Statutes 2008, section 518.165, subdivision 5, is amended to read:


Subd. 5.

Procedure, criminal history, and maltreatment records background
study.

(a) When the court requests a background study under subdivision 4, paragraph
(a), the request shall be submitted to the Department of Human Services through the
department's electronic online background study system.

(b) When the court requests a search of the National Criminal Records Repository,
the court must provide a set of classifiable fingerprints of the subject of the study on a
fingerprint card provided by the commissioner of human services.

(c) The commissioner of human services shall provide the court with deleted text begininformationdeleted text endnew text begin
criminal history data as defined in section 13.87
new text end from the Bureau of Criminal
deleted text begin Apprehension's Criminal Justice Information Systemdeleted text endnew text begin Apprehension in the Department of
Public Safety
new text end, other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of a minor under section 626.556, and
substantiated maltreatment of a vulnerable adult under section 626.557, within 15
working days of receipt of a request. If the subject of the study has been determined by
the Department of Human Services or the Department of Health to be the perpetrator
of substantiated maltreatment of a minor or vulnerable adult in a licensed facility, the
response must include a copy of the public portion of the investigation memorandum
under section 626.556, subdivision 10f, or the public portion of the investigation
memorandum under section 626.557, subdivision 12b. When the background study shows
that the subject has been determined by a county adult protection or child protection
agency to have been responsible for maltreatment, the court shall be informed of the
county, the date of the finding, and the nature of the maltreatment that was substantiated.
The commissioner shall provide the court with information from the National Criminal
Records Repository within three working days of the commissioner's receipt of the data.
When the commissioner finds no criminal history or substantiated maltreatment on a
background study subject, the commissioner shall make these results available to the court
electronically through the secure online background study system.

(d) Notwithstanding section 626.556, subdivision 10f, or 626.557, subdivision
12b
, if the commissioner or county lead agency has information that a person on whom
a background study was previously done under this section has been determined to be a
perpetrator of maltreatment of a minor or vulnerable adult, the commissioner or the county
may provide this information to the court that requested the background study.

Sec. 40.

Minnesota Statutes 2008, section 518B.01, subdivision 6, is amended to read:


Subd. 6.

Relief by court.

(a) Upon notice and hearing, the court may provide
relief as follows:

(1) restrain the abusing party from committing acts of domestic abuse;

(2) exclude the abusing party from the dwelling which the parties share or from the
residence of the petitioner;

(3) exclude the abusing party from a reasonable area surrounding the dwelling or
residence, which area shall be described specifically in the order;

(4) award temporary custody or establish temporary parenting time with regard to
minor children of the parties on a basis which gives primary consideration to the safety of
the victim and the children. In addition to the primary safety considerations, the court
may consider particular best interest factors that are found to be relevant to the temporary
custody and parenting time award. Findings under section 257.025, 518.17, or 518.175
are not required with respect to the particular best interest factors not considered by the
court. If the court finds that the safety of the victim or the children will be jeopardized by
unsupervised or unrestricted parenting time, the court shall condition or restrict parenting
time as to time, place, duration, or supervision, or deny parenting time entirely, as needed
to guard the safety of the victim and the children. The court's decision on custody and
parenting time shall in no way delay the issuance of an order for protection granting other
relief provided for in this section. The court must not enter a parenting plan under section
518.1705 as part of an action for an order for protection;

(5) on the same basis as is provided in chapter 518 or 518A, establish temporary
support for minor children or a spouse, and order the withholding of support from the
income of the person obligated to pay the support according to chapter 518A;

(6) provide upon request of the petitioner counseling or other social services for the
parties, if married, or if there are minor children;

(7) order the abusing party to participate in treatment or counseling services,
including requiring the abusing party to successfully complete a domestic abuse
counseling program or educational program under section 518B.02;

(8) award temporary use and possession of property and restrain one or both parties
from transferring, encumbering, concealing, or disposing of property except in the usual
course of business or for the necessities of life, and to account to the court for all such
transfers, encumbrances, dispositions, and expenditures made after the order is served or
communicated to the party restrained in open court;

(9) exclude the abusing party from the place of employment of the petitioner, or
otherwise limit access to the petitioner by the abusing party at the petitioner's place of
employment;

(10) order the abusing party to have no contact with the petitioner whether in
person, by telephone, mail, or electronic mail or messaging, through a third party, or
by any other means;

(11) order the abusing party to pay restitution to the petitioner;

(12) order the continuance of all currently available insurance coverage without
change in coverage or beneficiary designation; deleted text beginand
deleted text end

(13) order, in its discretion, other relief as it deems necessary for the protection of
a family or household member, including orders or directives to the sheriff or other law
enforcement or corrections officer as provided by this sectionnew text begin; or
new text end

new text begin (14) direct the care, possession, or control of a pet or companion animal owned,
possessed, or kept by the petitioner or respondent or a child of the petitioner or respondent,
or order the respondent to have no contact with the pet or companion animal
new text end.

(b) Any relief granted by the order for protection shall be for a period not to exceed
two years, except when the court determines a longer period is appropriate. When a
referee presides at the hearing on the petition, the order granting relief becomes effective
upon the referee's signature.

(c) An order granting the relief authorized in paragraph (a), clause (1), may not be
vacated or modified in a proceeding for dissolution of marriage or legal separation, except
that the court may hear a motion for modification of an order for protection concurrently
with a proceeding for dissolution of marriage upon notice of motion and motion. The
notice required by court rule shall not be waived. If the proceedings are consolidated
and the motion to modify is granted, a separate order for modification of an order for
protection shall be issued.

(d) An order granting the relief authorized in paragraph (a), clause (2) or (3), is not
voided by the admittance of the abusing party into the dwelling from which the abusing
party is excluded.

(e) If a proceeding for dissolution of marriage or legal separation is pending between
the parties, the court shall provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for inclusion in its file.

(f) An order for restitution issued under this subdivision is enforceable as civil
judgment.

Sec. 41.

Minnesota Statutes 2008, section 518B.01, subdivision 7, is amended to read:


Subd. 7.

Ex parte order.

(a) Where an application under this section alleges an
immediate and present danger of domestic abuse, the court may grant an ex parte order for
protection and granting relief as the court deems proper, including an order:

(1) restraining the abusing party from committing acts of domestic abuse;

(2) excluding any party from the dwelling they share or from the residence of the
other except by further order of the court;

(3) excluding the abusing party from the place of employment of the petitioner or
otherwise limiting access to the petitioner by the abusing party at the petitioner's place of
employment;

(4) ordering the abusing party to have no contact with the petitioner whether in
person, by telephone, mail, e-mail, through electronic devices, or through a third party; deleted text beginand
deleted text end

(5) continuing all currently available insurance coverage without change in coverage
or beneficiary designationnew text begin; or
new text end

new text begin (6) directing the care, possession, or control of a pet or companion animal owned,
possessed, or kept by a party or a child of a party, or ordering the abusing party to have no
contact with the pet or companion animal
new text end.

(b) A finding by the court that there is a basis for issuing an ex parte order for
protection constitutes a finding that sufficient reasons exist not to require notice under
applicable court rules governing applications for ex parte relief.

(c) Subject to paragraph (d), an ex parte order for protection shall be effective for
a fixed period set by the court, as provided in subdivision 6, paragraph (b), or until
modified or vacated by the court pursuant to a hearing. When signed by a referee, the ex
parte order becomes effective upon the referee's signature. Upon request, a hearing, as
provided by this section, shall be set. Except as provided in paragraph (d), the respondent
shall be personally served forthwith a copy of the ex parte order along with a copy of
the petition and, if requested by the petitioner, notice of the date set for the hearing. If
the petitioner does not request a hearing, an order served on a respondent under this
subdivision must include a notice advising the respondent of the right to request a hearing,
must be accompanied by a form that can be used by the respondent to request a hearing
and must include a conspicuous notice that a hearing will not be held unless requested
by the respondent within five days of service of the order.

(d) Service of the ex parte order may be made by published notice, as provided
under subdivision 5, provided that the petitioner files the affidavit required under that
subdivision. If personal service is not made or the affidavit is not filed within 14 days
of issuance of the ex parte order, the order expires. If the petitioner does not request a
hearing, the petition mailed to the respondent's residence, if known, must be accompanied
by the form for requesting a hearing and notice described in paragraph (c). Unless
personal service is completed, if service by published notice is not completed within 28
days of issuance of the ex parte order, the order expires.

(e) If the petitioner seeks relief under subdivision 6 other than the relief described in
paragraph (a), the petitioner must request a hearing to obtain the additional relief.

(f) Nothing in this subdivision affects the right of a party to seek modification of an
order under subdivision 11.

Sec. 42.

Minnesota Statutes 2008, section 524.5-118, subdivision 2, is amended to read:


Subd. 2.

Procedure; criminal history and maltreatment records background
check.

(a) The court shall request the commissioner of human services to complete a
background study under section 245C.32. The request must be accompanied by the
applicable fee and the signed consent of the subject of the study authorizing the release of
the data obtained to the court. If the court is requesting a search of the National Criminal
Records Repository, the request must be accompanied by a set of classifiable fingerprints
of the subject of the study. The fingerprints must be recorded on a fingerprint card
provided by the commissioner of human services.

(b) The commissioner of human services shall provide the court with deleted text begininformationdeleted text endnew text begin
criminal history data as defined in section 13.87
new text end from the Bureau of Criminal
deleted text begin Apprehension's criminal justice information systemdeleted text endnew text begin Apprehension in the Department of
Public Safety
new text end, other criminal history data held by the commissioner of human services,
and data regarding substantiated maltreatment of vulnerable adults under section 626.557
and substantiated maltreatment of minors under section 626.556 within 15 working days
of receipt of a request. If the subject of the study has been the perpetrator of substantiated
maltreatment of a vulnerable adult or minor, the response must include a copy of the
public portion of the investigation memorandum under section 626.557, subdivision
12b
, or the public portion of the investigation memorandum under section 626.556,
subdivision 10f
. If the court did not request a search of the National Criminal Records
Repository and information from the Bureau of Criminal Apprehension indicates that the
subject is a multistate offender or that multistate offender status is undetermined, the
response must include this information. The commissioner shall provide the court with
information from the National Criminal Records Repository within three working days
of the commissioner's receipt of the data.

(c) Notwithstanding section 626.557, subdivision 12b, or 626.556, subdivision 10f, if
the commissioner of human services or a county lead agency has information that a person
on whom a background study was previously done under this section has been determined
to be a perpetrator of maltreatment of a vulnerable adult or minor, the commissioner or the
county may provide this information to the court that requested the background study. The
commissioner may also provide the court with additional criminal history or substantiated
maltreatment information that becomes available after the background study is done.

Sec. 43.

Minnesota Statutes 2008, section 609.341, subdivision 11, is amended to read:


Subd. 11.

Sexual contact.

(a) "Sexual contact," for the purposes of sections
609.343, subdivision 1, clauses (a) to (f), and 609.345, subdivision 1, clauses (a) to (e),
and (h) to (o), includes any of the following acts committed without the complainant's
consent, except in those cases where consent is not a defense, and committed with sexual
or aggressive intent:

(i) the intentional touching by the actor of the complainant's intimate parts, or

(ii) the touching by the complainant of the actor's, the complainant's, or another's
intimate parts effected by a person in a position of authority, or by coercion, or by
inducement if the complainant is under 13 years of age or mentally impaired, or

(iii) the touching by another of the complainant's intimate parts effected by coercion
or by a person in a position of authority, or

(iv) in any of the cases above, the touching of the clothing covering the immediate
area of the intimate partsnew text begin, or
new text end

new text begin (v) the intentional touching by the actor of the complainant's body or the clothing
covering the complainant's body with the actor's seminal fluid or sperm
new text end.

(b) "Sexual contact," for the purposes of sections 609.343, subdivision 1, clauses (g)
and (h), and 609.345, subdivision 1, clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:

(i) the intentional touching by the actor of the complainant's intimate parts;

(ii) the touching by the complainant of the actor's, the complainant's, or another's
intimate parts;

(iii) the touching by another of the complainant's intimate parts; deleted text beginor
deleted text end

(iv) in any of the cases listed above, touching of the clothing covering the immediate
area of the intimate partsnew text begin; or
new text end

new text begin (v) the intentional touching by the actor of the complainant's body or the clothing
covering the complainant's body with the actor's seminal fluid or sperm
new text end.

(c) "Sexual contact with a person under 13" means the intentional touching of the
complainant's bare genitals or anal opening by the actor's bare genitals or anal opening
with sexual or aggressive intent or the touching by the complainant's bare genitals or anal
opening of the actor's or another's bare genitals or anal opening with sexual or aggressive
intent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 44.

Minnesota Statutes 2008, section 609.352, subdivision 2a, is amended to read:


Subd. 2a.

deleted text beginInternet or computerdeleted text endnew text begin Electronicnew text end solicitation of children.

A person 18
years of age or older who uses the Internet deleted text beginordeleted text endnew text begin,new text end a computer, computer program, computer
network, deleted text beginordeleted text end computer systemnew text begin, or other electronic device capable of electronic data storage
or transmission
new text end to commit any of the following acts, with the intent to arouse the sexual
desire of any person, is guilty of a felony and may be sentenced as provided in subdivision
4:

(1) soliciting a child or someone the person reasonably believes is a child to engage
in sexual conduct;

(2) engaging in communication deleted text beginrelating to or describing sexual conductdeleted text end with a
child or someone the person reasonably believes is a childnew text begin, relating to or describing
sexual conduct
new text end; or

(3) distributing any material, language, or communication, including a photographic
or video image, that relates to or describes sexual conduct to a child or someone the
person reasonably believes is a child.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
offenses committed on or after that date.
new text end

Sec. 45.

Minnesota Statutes 2008, section 609.605, subdivision 1, is amended to read:


Subdivision 1.

Misdemeanor.

(a) The following terms have the meanings given
them for purposes of this section.

(1) "Premises" means real property and any appurtenant building or structure.

(2) "Dwelling" means the building or part of a building used by an individual as a
place of residence on either a full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home as defined in section
168.002, subdivision 16.

(3) "Construction site" means the site of the construction, alteration, painting, or
repair of a building or structure.

(4) "Owner or lawful possessor," as used in paragraph (b), clause (9), means the
person on whose behalf a building or dwelling is being constructed, altered, painted, or
repaired and the general contractor or subcontractor engaged in that work.

(5) "Posted," as used:

(i) in paragraph (b), clause (9), means the placement of a sign at least 11 inches
square in a conspicuous place on the exterior of the building that is under construction,
alteration, or repair, and additional signs in at least two conspicuous places for each ten
acres being protected. The sign must carry an appropriate notice and the name of the
person giving the notice, followed by the word "owner" if the person giving the notice
is the holder of legal title to the land on which the construction site is located or by the
word "occupant" if the person giving the notice is not the holder of legal title but is a
lawful occupant of the land; and

(ii) in paragraph (b), clause (10), means the placement of signs that:

(A) state "no trespassing" or similar terms;

(B) display letters at least two inches high;

(C) state that Minnesota law prohibits trespassing on the property; and

(D) are posted in a conspicuous place and at intervals of 500 feet or less.

(6) "Business licensee," as used in paragraph (b), clause (9), includes a representative
of a building trades labor or management organization.

(7) "Building" has the meaning given in section 609.581, subdivision 2.

(b) A person is guilty of a misdemeanor if the person intentionally:

(1) permits domestic animals or fowls under the actor's control to go on the land
of another within a city;

(2) interferes unlawfully with a monument, sign, or pointer erected or marked to
designate a point of a boundary, line or a political subdivision, or of a tract of land;

(3) trespasses on the premises of another and, without claim of right, refuses to
depart from the premises on demand of the lawful possessor;

(4) occupies or enters the dwelling or locked or posted building of another, without
claim of right or consent of the owner or the consent of one who has the right to give
consent, except in an emergency situation;

(5) enters the premises of another with intent to take or injure any fruit, fruit trees, or
vegetables growing on the premises, without the permission of the owner or occupant;

(6) enters or is found on the premises of a public or private cemetery without
authorization during hours the cemetery is posted as closed to the public;

(7) returns to the property of another with the intent to abuse, disturb, or cause
distress in or threaten another, after being told to leave the property and not to return, if the
actor is without claim of right to the property or consent of one with authority to consent;

(8) returns to the property of another within one year after being told to leave the
property and not to return, if the actor is without claim of right to the property or consent
of one with authority to consent;

(9) enters the locked or posted construction site of another without the consent of the
owner or lawful possessor, unless the person is a business licensee; deleted text beginor
deleted text end

(10) enters the locked or posted aggregate mining site of another without the consent
of the owner or lawful possessor, unless the person is a business licenseenew text begin; or
new text end

new text begin (11) crosses into or enters any public or private area lawfully cordoned off by or
at the direction of a peace officer engaged in the performance of official duties. As used
in this clause: (i) an area may be "cordoned off" through the use of tape, barriers, or
other means conspicuously placed and identifying the area as being restricted by a peace
officer and identifying the responsible authority; and (ii) "peace officer" has the meaning
given in section 626.84, subdivision 1. It is an affirmative defense to a charge under this
clause that a peace officer permitted entry into the restricted area or there was no peace
officer present at the site
new text end.

Sec. 46.

Minnesota Statutes 2008, section 611.272, is amended to read:


611.272 ACCESS TO GOVERNMENT DATA.

The district public defender, the state public defender, or an attorney working for
a public defense corporation under section 611.216 has access to the criminal justice
data communications network described in section 299C.46, as provided in this section.
Access to data under this section is limited to data necessary to prepare criminal cases in
which the public defender has been appointed as follows:

(1) access to data about witnesses in a criminal case shall be limited to records of
criminal convictions; and

(2) access to data regarding the public defender's own client which includes, but
is not limited to, criminal history data under section 13.87; juvenile offender data under
section 299C.095; warrant information data under section 299C.115; incarceration data
under section 299C.14; conditional release data under section 241.065; and diversion
program data under section 299C.46, subdivision 5.

The public defender has access to data under this section, whether accessed via deleted text beginCriMNetdeleted text endnew text begin
the integrated search service as defined in section 13.873
new text end or other methods. The public
defender does not have access to law enforcement active investigative data under section
13.82, subdivision 7; data protected under section 13.82, subdivision 17; confidential
arrest warrant indices data under section 13.82, subdivision 19; or data systems maintained
by a prosecuting attorney. The public defender has access to the data at no charge, except
for the monthly network access charge under section 299C.46, subdivision 3, paragraph
(b), and a reasonable installation charge for a terminal. Notwithstanding section 13.87,
subdivision 3
; 299C.46, subdivision 3, paragraph (b); 299C.48, or any other law to the
contrary, there shall be no charge to public defenders for Internet access to the criminal
justice data communications network.

Sec. 47.

new text begin [611A.0393] CRIME ALERTS; VIOLENT CRIMES; DISABLED
ACCESS.
new text end

new text begin If a law enforcement agency provides a crime alert to citizens within its jurisdiction,
the alerts and any accompanying documents must be in a form that a disabled person
can access with commercially available text-based screen reader software. Any contact
information provided by a citizen requesting a crime alert is private data on individuals as
defined in section 13.02.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009.
new text end

Sec. 48.

new text begin [611A.203] DOMESTIC FATALITY REVIEW TEAMS.
new text end

new text begin Subdivision 1. new text end

new text begin Domestic fatality review teams; purpose. new text end

new text begin A judicial district may
establish a domestic fatality review team to review domestic violence deaths that have
occurred in the district. The team may review cases in which prosecution has been
completed or the prosecutorial authority has decided not to pursue the case. The purpose of
the review team is to assess domestic violence deaths in order to develop recommendations
for policies and protocols for community prevention and intervention initiatives to reduce
and eliminate the incidence of domestic violence and resulting fatalities.
new text end

new text begin Subd. 2. new text end

new text begin Definition of domestic violence death. new text end

new text begin "Domestic violence death" means
a homicide or suicide under any of the following circumstances:
new text end

new text begin (1) the alleged perpetrator and victim resided together at any time;
new text end

new text begin (2) the alleged perpetrator and victim have a child in common, regardless of whether
they were married or lived together at any time;
new text end

new text begin (3) the alleged perpetrator and victim were married, separated, or divorced;
new text end

new text begin (4) the alleged perpetrator and victim had a sexual relationship or a significant
romantic relationship;
new text end

new text begin (5) the alleged perpetrator had been stalking the victim;
new text end

new text begin (6) the homicide victim lived in the same household, was present in the workplace
of, was in proximity of, or was related by blood or affinity to a victim who experienced or
was threatened with domestic abuse by the alleged perpetrator;
new text end

new text begin (7) the victim or the perpetrator was a child of a person in a relationship that is
described within this definition; or
new text end

new text begin (8) any other circumstances that the domestic fatality review team decides fall
within the parameters of its mission.
new text end

new text begin "Domestic violence death" must be interpreted broadly to give the domestic
fatality review team discretion to review fatalities that have occurred both directly and
peripherally to domestic relationships.
new text end

new text begin Subd. 3. new text end

new text begin Membership. new text end

new text begin (a) The chief judge, in consultation with the family violence
coordinating council, shall appoint the members of the domestic fatality review team.
Membership must reflect a commitment to diversity and relevant professional experience.
The review team members must include:
new text end

new text begin (1) the medical examiner;
new text end

new text begin (2) a judicial court officer (judge or referee);
new text end

new text begin (3) a county and city attorney and a public defender;
new text end

new text begin (4) the county sheriff and a peace officer;
new text end

new text begin (5) a representative from family court services and the Department of Corrections;
new text end

new text begin (6) a physician familiar with domestic violence issues;
new text end

new text begin (7) a representative from district court administration and the domestic abuse
service center;
new text end

new text begin (8) a public citizen representative or a representative from a civic organization;
new text end

new text begin (9) a mental health professional; and
new text end

new text begin (10) domestic violence advocates or shelter workers.
new text end

new text begin (b) There must be at least three domestic violence advocates or shelter workers on
the domestic fatality review team. No two members may represent the same agency.
Members representing advocates or shelters must be selected by the advocacy community.
At least one position must be designated for a minority representative and one position
must rotate in order to include an advocate from the community in which the fatality
under review took place.
new text end

new text begin (c) The domestic fatality review team may also invite other relevant persons to serve
on an ad hoc basis and participate as full members of the review team for a particular
review. These persons may include, but are not limited to:
new text end

new text begin (1) individuals with particular expertise that would be helpful to the review panel; or
new text end

new text begin (2) representatives of organizations or agencies that had contact with or provided
services to the homicide victim, or to the alleged perpetrator, a victim who experienced or
was threatened with domestic abuse by the alleged perpetrator, or a family member of
one of those individuals.
new text end

new text begin Subd. 4. new text end

new text begin Duties; access to data. new text end

new text begin (a) The domestic fatality review team shall collect,
review, and analyze death certificates and death data, including investigative reports,
medical and counseling records, victim service records, employment records, child abuse
reports, or other information concerning domestic violence deaths, survivor interviews
and surveys, and other information deemed by the team as necessary and appropriate
concerning the causes and manner of domestic violence deaths.
new text end

new text begin (b) The review team has access to the following not public data, as defined in
section 13.02, subdivision 8a, relating to a case being reviewed by the team: inactive
law enforcement investigative data under section 13.82; autopsy records and coroner or
medical examiner investigative data under section 13.83; hospital, public health, or other
medical records of the victim under section 13.384; records under section 13.46, created
by social service agencies that provided services to the victim, the alleged perpetrator, or
another victim who experienced or was threatened with domestic abuse by the perpetrator;
and child maltreatment records under section 626.556, relating to the victim or a family or
household member of the victim. Access to medical records under this paragraph also
includes records governed by sections 144.291 to 144.298.
new text end

new text begin (c) As part of any review, the domestic fatality review team may compel the
production of other records by applying to the district court for a subpoena, which will be
effective throughout the state according to the Rules of Civil Procedure.
new text end

new text begin Subd. 5. new text end

new text begin Confidentiality; data privacy. new text end

new text begin A person attending a domestic fatality
review team meeting may not disclose what transpired at the meeting, except to carry out
the purposes of the review team or as otherwise provided in this subdivision. The review
team may disclose the names of the victims in the cases it reviewed. The proceedings and
records of the review team are confidential data as defined in section 13.02, subdivision
3
, or protected nonpublic data as defined in section 13.02, subdivision 13, regardless of
their classification in the hands of the person who provided the data, and are not subject to
discovery or introduction into evidence in a civil or criminal action against a professional,
the state or a county agency, arising out of the matters the team is reviewing. Information,
documents, and records otherwise available from other sources are not immune from
discovery or use in a civil or criminal action solely because they were presented during
proceedings of the review team. This section does not limit a person who presented
information before the review team or who is a member of the panel from testifying about
matters within the person's knowledge. However, in a civil or criminal proceeding, a
person may not be questioned about the person's good faith presentation of information to
the review team or opinions formed by the person as a result of the review team meetings.
new text end

new text begin Subd. 6. new text end

new text begin Immunity. new text end

new text begin Members of the domestic fatality advisory board, members
of the domestic fatality review team, and members of each review panel, as well as their
agents or employees, are immune from claims and are not subject to any suits, liability,
damages, or any other recourse, civil or criminal, arising from any act, proceeding,
decision, or determination undertaken or performed or recommendation made by the
domestic fatality review team, provided they acted in good faith and without malice in
carrying out their responsibilities. Good faith is presumed until proven otherwise and the
complainant has the burden of proving malice or a lack of good faith. No organization,
institution, or person furnishing information, data, testimony, reports, or records to the
domestic fatality review team as part of an investigation is civilly or criminally liable or
subject to any other recourse for providing the information.
new text end

new text begin Subd. 7. new text end

new text begin Evaluation and report. new text end

new text begin (a) Each domestic fatality review team shall
develop a system for evaluating the effectiveness of its program and shall focus on
identifiable goals and outcomes. An evaluation must include data components as well as
input from individuals involved in the review process.
new text end

new text begin (b) Each fatality review team shall issue an annual report to the chairs and ranking
minority members of the senate and house committees with jurisdiction over public
safety issues. The report must consist of the written aggregate recommendations of the
domestic fatality review team without reference to specific cases. The report must be
available upon request and distributed to the governor, attorney general, supreme court,
county board, and district court.
new text end

Sec. 49.

Minnesota Statutes 2008, section 626.843, subdivision 1, is amended to read:


Subdivision 1.

Rules required.

The board shall adopt rules with respect to:

(1) the certification of deleted text beginpeace officer training schools, programs, or courses including
training schools for the Minnesota State Patrol. Such schools, programs and courses
shall include those administered by the state, county, school district, municipality, or
joint or contractual combinations thereof, and shall include preparatory instruction in
law enforcement and minimum basic training courses
deleted text endnew text begin postsecondary schools to provide
programs of professional peace officer education
new text end;

(2) minimum courses of studydeleted text begin, attendance requirements,deleted text end and equipment and facilities
to be required at each certified deleted text beginpeace officers trainingdeleted text end school deleted text beginlocateddeleted text end within the state;

(3) minimum qualifications for new text begincoordinators and new text endinstructors at certified deleted text beginpeace officer
training
deleted text end schools new text beginoffering a program of professional peace officer education new text endlocated within
this state;

(4) minimum standards of physical, mental, and educational fitness which shall
govern the deleted text beginrecruitmentdeleted text end new text beginadmission to professional peace officer education programs new text endand
new text begin the new text endlicensing of peace officers within the state, by any state, county, municipality, or joint
or contractual combination thereof, including members of the Minnesota State Patrol;

(5) new text beginboard-approved continuing education courses that ensure professional
competence of peace officers and part-time peace officers;
new text end

new text begin (6) new text endminimum standards of conduct which would affect the individual's performance
of duties as a peace officer. These standards shall be established and published. The
board shall review the minimum standards of conduct described in this clause for possible
modification in 1998 and every three years after that time;

deleted text begin (6) minimum basic training which peace officers appointed to temporary or
probationary terms shall complete before being eligible for permanent appointment,
and the time within which such basic training must be completed following any such
appointment to a temporary or probationary term;
deleted text end

deleted text begin (7) minimum specialized training which part-time peace officers shall complete in
order to be eligible for continued employment as a part-time peace officer or permanent
employment as a peace officer, and the time within which the specialized training must
be completed;
deleted text end

deleted text begin (8) content of minimum basic training courses required of graduates of certified law
enforcement training schools or programs. Such courses shall not duplicate the content
of certified academic or general background courses completed by a student but shall
concentrate on practical skills deemed essential for a peace officer. Successful completion
of such a course
deleted text end new text begin(7) a set of educational learning objectives that must be met within a
certified school's professional peace officer education program. These learning objectives
must concentrate on the knowledge, skills, and abilities deemed essential for a peace
officer. Education in these learning objectives
new text endshall be deemed deleted text beginsatisfactiondeleted text end new text beginsatisfactory for
the completion
new text endof the minimum basic training requirement;

deleted text begin (9) grading, reporting, attendance and other records, and certificates of attendance
or accomplishment;
deleted text end

deleted text begin (10) the procedures to be followed by a part-time peace officer for notifying
the board of intent to pursue the specialized training for part-time peace officers who
desire to become peace officers pursuant to clause (7), and section 626.845, subdivision
1
, clause (7);
deleted text end

deleted text begin (11)deleted text end new text begin(8) new text endthe establishment and use by any political subdivision or state law
enforcement agency deleted text beginwhichdeleted text end new text beginthat new text endemploys persons licensed by the board of procedures for
investigation and resolution of allegations of misconduct by persons licensed by the board.
The procedures shall be in writing and shall be established on or before October 1, 1984;

deleted text begin (12)deleted text end new text begin(9) new text endthe issues that must be considered by each political subdivision and state
law enforcement agency that employs persons licensed by the board in establishing
procedures under section 626.5532 to govern the conduct of peace officers who are in
pursuit of a vehicle being operated in violation of section 609.487, and requirements for
the training of peace officers in conducting pursuits. The adoption of specific procedures
and requirements is within the authority of the political subdivision or agency;

deleted text begin (13)deleted text end new text begin(10) new text endsupervision of part-time peace officers and requirements for documentation
of hours worked by a part-time peace officer who is on active duty. These rules shall be
adopted by December 31, 1993;

deleted text begin (14)deleted text end new text begin(11) new text endcitizenship requirements for deleted text beginfull-timedeleted text end new text beginpeace officers new text endand part-time peace
officers;

deleted text begin (15)deleted text end new text begin(12) new text enddriver's license requirements for deleted text beginfull-timedeleted text end new text beginpeace officers new text endand part-time
peace officers; and

deleted text begin (16)deleted text end new text begin(13) new text endsuch other matters as may be necessary consistent with sections 626.84 to
626.863. Rules promulgated by the attorney general with respect to these matters may be
continued in force by resolution of the board if the board finds the rules to be consistent
with sections 626.84 to 626.863.

Sec. 50.

Minnesota Statutes 2008, section 626.843, subdivision 3, is amended to read:


Subd. 3.

Board authority.

The board may, in addition:

(1) recommend studies, surveys, and reports to be made by the executive director
regarding the carrying out of the objectives and purposes of sections 626.841 to 626.863;

(2) visit and inspect any deleted text beginpeace officer trainingdeleted text end new text begincertified new text endschool deleted text beginapproved by the
executive director
deleted text end new text beginthat offers the professional peace officer education program new text endor for
which application for deleted text beginsuch approvaldeleted text end new text begincertification new text endhas been made;

(3) make recommendations, from time to time, to the executive director, attorney
general, and the governor regarding the carrying out of the objectives and purposes of
sections 626.841 to 626.863;

(4) perform such other acts as may be necessary or appropriate to carry out the
powers and duties of the board deleted text beginas set forth indeleted text end new text beginunder new text endsections 626.841 to 626.863; new text beginand
new text end

(5) cooperate with and receive financial assistance from and join in projects or
enter into contracts with the federal government or its agencies for the furtherance of
the purposes of Laws 1977, chapter 433.

Sec. 51.

Minnesota Statutes 2008, section 626.845, subdivision 1, is amended to read:


Subdivision 1.

Powers and duties.

The board shall have the following powers
and duties:

(1) to certify deleted text beginpeace officers' training schools or programs administered by state,
county and municipalities located within this state in whole or in part no later than 90
days after receipt of an application for certification. The reasons for noncertification of
any school or program or part thereof shall be transmitted to the school within 90 days
and shall contain a detailed explanation of the reasons for which the school or program
was disapproved and an explanation of what supporting material or other requirements
are necessary for the board to reconsider. Disapproval of a school or program shall
not preclude the reapplication for certification of the school or program
deleted text endnew text begin postsecondary
schools to provide programs of professional peace officer education based on a set of
board-approved professional peace officer education learning objectives
new text end;

(2) to issue certificates to new text beginpostsecondary new text endschools, and to revoke deleted text beginsuchdeleted text end certification
when necessary to maintain the objectives and purposes of sections 626.841 to 626.863;

(3) deleted text beginto certify, as qualified, instructors at peace officer training schools, and to issue
appropriate certificates to such instructors;
deleted text end

deleted text begin (4)deleted text end to license peace officers who have deleted text beginsatisfactorily completed certified basic training
programs,
deleted text end new text beginmet the education and experience requirements new text endand passed examinations as
required by the board;

new text begin (4) to develop and administer licensing examinations based on the board's learning
objectives;
new text end

(5) deleted text beginto cause studies and surveys to be made relating to the establishment, operation,
and approval of state, county, and municipal peace officer training schools;
deleted text end

deleted text begin (6)deleted text end to consult and cooperate with deleted text beginstate, county, and municipal peace officer training
schools
deleted text end new text begincontinuing education providers new text endfor the development of in-service training
programs for peace officers;

deleted text begin (7)deleted text end new text begin(6) new text endto consult and cooperate with deleted text beginuniversities, colleges, and technical collegesdeleted text end
new text begin postsecondary schools new text endfor the development deleted text beginof specialized courses of instruction and study
in the state for peace officers and part-time peace officers in police science and police
administration
deleted text endnew text begin and improvement of professional peace officer educationnew text end;

deleted text begin (8)deleted text end new text begin(7) new text endto consult and cooperate with other departments and agencies of the state and
federal government concerned with peace officer standards and training;

deleted text begin (9)deleted text end new text begin(8) new text endto perform such other acts as may be necessary and appropriate to carry out
the powers and duties deleted text beginas set forth in the provisionsdeleted text end of sections 626.841 to 626.863;

deleted text begin (10) to coordinate the provision, on a regional basis, of skills oriented basic training
courses to graduates of certified law enforcement training schools or programs;
deleted text end

deleted text begin (11)deleted text end new text begin(9) new text endto obtain criminal conviction data for persons seeking a license to be issued
or possessing a license issued by the board. The board shall have authority to obtain
criminal conviction data to the full extent that any other law enforcement agency, as that
term is defined by state or federal law, has to obtain the data;

deleted text begin (12)deleted text end new text begin(10) new text endto prepare and transmit annually to the governor a report of its activities
with respect to allocation of deleted text beginmoneysdeleted text end new text beginmoney new text endappropriated to it for peace officers training,
including the name deleted text beginand addressdeleted text end of each recipient of money for that purposedeleted text begin,deleted text end new text beginand new text endthe
amount awardeddeleted text begin, and the purpose of the awarddeleted text end; and

deleted text begin (13)deleted text end new text begin(11) new text endto assist and cooperate with any political subdivision or state law
enforcement agency deleted text beginwhichdeleted text end new text beginthat new text endemploys persons licensed by the board to establish written
deleted text begin procedures for the investigation and resolution of allegations of misconduct ofdeleted text end new text begin policies as
mandated by the state pertaining to
new text endpersons licensed by the board, and to enforce licensing
sanctions for failure to implement deleted text beginsuch proceduresdeleted text endnew text begin these policiesnew text end.

In addition, the board may maintain data received from law enforcement agencies
under section 626.87, subdivision 5, provide the data to requesting law enforcement
agencies who are conducting background investigations, and maintain data on applicants
and licensees as part of peace officer license data. The data that may be maintained
include the name of the law enforcement agency conducting the investigation and data on
the candidate provided under section 626.87, subdivision 5, clauses (1) and (2).

Sec. 52.

Minnesota Statutes 2008, section 626.863, is amended to read:


626.863 UNAUTHORIZED PRACTICE.

(a) A person who is not a peace officer or part-time peace officer is guilty of a
misdemeanor if the person: (1) makes a representation of being a peace officer or part-time
peace officer, or (2) performs or attempts to perform an act, duty, or responsibility reserved
by law for licensed peace officers and part-time peace officers.

(b) new text beginA peace officer who authorizes or knowingly allows a person to violate paragraph
(a) is guilty of a misdemeanor.
new text end

new text begin (c) new text endThe board shall designate the appropriate law enforcement agency to investigate
violations of this section. The attorney general shall prosecute violations of this section.

new text begin (d) A person who violates this section and who has previously been convicted of a
violation of this section 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, 2009, and applies to crimes
committed on or after that date.
new text end

Sec. 53.

Minnesota Statutes 2008, section 628.26, is amended to read:


628.26 LIMITATIONS.

(a) Indictments or complaints for any crime resulting in the death of the victim may
be found or made at any time after the death of the person killed.

(b) Indictments or complaints for a violation of section 609.25 may be found or
made at any time after the commission of the offense.

(c) Indictments or complaints for violation of section 609.282 may be found or made
at any time after the commission of the offense if the victim was under the age of 18 at
the time of the offense.

(d) Indictments or complaints for violation of section 609.282 where the victim
was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause
(1) or (2), shall be found or made and filed in the proper court within six years after
the commission of the offense.

(e) Indictments or complaints for violation of sections 609.342 to 609.345 if the
victim was under the age of 18 years at the time the offense was committed, shall be found
or made and filed in the proper court within new text beginthe later of new text endnine years after the commission of
the offense ordeleted text begin, if the victim failed to report the offense within this limitation period, withindeleted text end
three years after the offense was reported to law enforcement authorities.

(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.342 to 609.344 may be found or made and filed in the proper
court at any time after commission of the offense, if physical evidence is collected and
preserved that is capable of being tested for its DNA characteristics. If this evidence is not
collected and preserved and the victim was 18 years old or older at the time of the offense,
the prosecution must be commenced within nine years after the commission of the offense.

(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2
, clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.

(h) Indictments or complaints for violation of section 609.52, subdivision 2, clause
(3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, shall be found or made and filed in the
proper court within five years after the commission of the offense.

(i) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.

(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall
be found or made and filed in the proper court within five years after the commission
of the offense.

(k) In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.

(l) The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.

(m) The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.

(n) The limitations periods contained in this section shall not include any period
of time during which physical evidence relating to the offense was undergoing DNA
analysis, as defined in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
order to gain an unfair advantage.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to crimes
committed on or after that date, and to crimes committed before that date if the limitations
period for the crime did not expire before August 1, 2009.
new text end

Sec. 54.

Minnesota Statutes 2008, section 628.69, subdivision 6, is amended to read:


Subd. 6.

Reporting of data to deleted text begincriminal justice information system (CJIS)deleted text endnew text begin
Bureau of Criminal Apprehension
new text end.

Every county attorney who has established a pretrial
diversion program under this section shall report the following information to the Bureau
of Criminal Apprehension:

(1) the name and date of birth of each diversion program participant, and any other
identifying information the superintendent considers necessary;

(2) the date on which the individual began to participate in the diversion program;

(3) the date on which the individual is expected to complete the diversion program;

(4) the date on which the individual successfully completed the diversion program,
where applicable; and

(5) the date on which the individual was removed from the diversion program for
failure to successfully complete the individual's goals, where applicable.

The superintendent shall cause the information described in this subdivision to be
entered into and maintained in the criminal history file deleted text beginof the Minnesota Criminal Justice
Information System
deleted text endnew text begin as defined in section 13.87new text end.

Sec. 55.

Minnesota Statutes 2008, section 629.34, subdivision 1, is amended to read:


Subdivision 1.

Peace officers.

(a) A peace officer, as defined in section 626.84,
subdivision 1
, clause (c), who is on or off duty within the jurisdiction of the appointing
authority, or on duty outside the jurisdiction of the appointing authority pursuant to section
629.40, may arrest a person without a warrant as provided under paragraph (c).

(b) A part-time peace officer, as defined in section 626.84, subdivision 1, clause (d),
who is on duty within the jurisdiction of the appointing authority, or on duty outside the
jurisdiction of the appointing authority pursuant to section 629.40 may arrest a person
without a warrant as provided under paragraph (c).

(c) A peace officer or part-time peace officer who is authorized under paragraph (a)
or (b) to make an arrest without a warrant may do so under the following circumstances:

(1) when a public offense has been committed or attempted in the officer's presence;

(2) when the person arrested has committed a felony, although not in the officer's
presence;

(3) when a felony has in fact been committed, and the officer has reasonable cause
for believing the person arrested to have committed it;

(4) upon a charge based upon reasonable cause of the commission of a felony by
the person arrested;

(5) under the circumstances described in clause (2), (3), or (4), when the offense is
a gross misdemeanor violation of section new text begin609.485, subdivision 4new text endnew text begin, paragraph (a), clause
(3), as applies to a person who escapes from custody on an allegation or adjudication of a
delinquent act,
new text end609.52, 609.595, 609.631, 609.749, or 609.821; or

(6) under circumstances described in clause (2), (3), or (4), when the offense is a
nonfelony violation of a restraining order or no contact order previously issued by a court.

(d) To make an arrest authorized under this subdivision, the officer may break open
an outer or inner door or window of a dwelling house if, after notice of office and purpose,
the officer is refused admittance.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2009, and applies to
persons escaping from custody on or after that date.
new text end

Sec. 56.

Minnesota Statutes 2008, section 629.341, subdivision 1, is amended to read:


Subdivision 1.

Arrest.

Notwithstanding section 629.34 or any other law or rule, a
peace officer may arrest a person anywhere without a warrant, including at the person's
residence, if the peace officer has probable cause to believe that within the preceding
deleted text begin 12deleted text endnew text begin 24new text end hours the person has committed domestic abuse, as defined in section 518B.01,
subdivision 2
. The arrest may be made even though the assault did not take place in
the presence of the peace officer.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 57. new text beginFINANCIAL CRIMES TASK FORCE TRANSITION.
new text end

new text begin (a) The appointing authorities under Minnesota Statutes, section 299A.681,
subdivision 2, shall complete the new appointments required under that section by August
1, 2009.
new text end

new text begin (b) The members of the Minnesota Financial Crimes Task Force appointed to the
task force by the Financial Crimes Oversight Council as provided in 2008 Minnesota
Statutes, section 299A.681, subdivision 3, shall continue to serve on the task force until
their successors have been appointed by the commissioner of public safety.
new text end

Sec. 58. new text beginLICENSE REINSTATEMENT DIVERSION PILOT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin An eligible city may establish a license reinstatement
diversion pilot program for holders of class D drivers' licenses who have been charged
with violating Minnesota Statutes, section 171.24, subdivision 1 or 2, but have not yet
entered a plea in the proceedings. An individual charged with driving after revocation
under Minnesota Statutes, section 171.24, subdivision 2, is eligible for diversion only if
the revocation was due to a violation of Minnesota Statutes, section 169.791; 169.797;
169A.52; 169A.54; or 171.17, subdivision 1, paragraph (a), clause (6). An individual
who is a holder of a commercial driver's license or who has committed an offense in a
commercial motor vehicle is ineligible for participation in the diversion pilot program.
new text end

new text begin Subd. 2. new text end

new text begin Eligible cities. new text end

new text begin Each of the cities of Duluth, St. Paul, South St. Paul,
West St. Paul, and Inver Grove Heights is eligible to establish the license reinstatement
diversion pilot program within its city.
new text end

new text begin Subd. 3. new text end

new text begin Contract. new text end

new text begin Notwithstanding any law or ordinance to the contrary, an
eligible city may contract with a third party to create and administer the diversion program.
new text end

new text begin Subd. 4. new text end

new text begin Diversion of individual. new text end

new text begin A prosecutor for a participating city may
determine whether to accept an individual for diversion, and in doing so shall consider:
new text end

new text begin (1) whether the individual has a record of driving without a valid license or other
criminal record, or has previously participated in a diversion program;
new text end

new text begin (2) the strength of the evidence against the individual, along with any mitigating
factors; and
new text end

new text begin (3) the apparent ability and willingness of the individual to participate in the
diversion program and comply with its requirements.
new text end

new text begin new text end new text begin new text end

new text begin Subd. 5. new text end

new text begin Diversion driver's license. new text end

new text begin (a) Notwithstanding any law to the contrary,
the commissioner of public safety may issue a diversion driver's license to a person who
is a participant in a pilot program for diversion, following receipt of an application and
payment of:
new text end

new text begin (1) the reinstatement fee under Minnesota Statutes, section 171.20, subdivision 4, by
a participant whose driver's license has been suspended;
new text end

new text begin (2) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169.791; 169.797; or 171.17, subdivision 1, paragraph (a), clause (6); or
new text end

new text begin (3) the reinstatement fee under Minnesota Statutes, section 171.29, subdivision 2,
paragraph (a), by a participant whose driver's license has been revoked under Minnesota
Statutes, section 169A.52 or 169A.54. The reinstatement fee and surcharge, both of which
are provided under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), also
must be paid during the course of, and as a condition of, the diversion program.
new text end

new text begin The diversion driver's license may bear restrictions imposed by the commissioner suitable
to the licensee's driving ability or other restrictions applicable to the licensee as the
commissioner may determine to be appropriate to assure the safe operation of a motor
vehicle by the licensee.
new text end

new text begin (b) Payments by participants in the diversion program of the reinstatement fee and
surcharge under Minnesota Statutes, section 171.29, subdivision 2, paragraph (b), must be
applied first toward payment of the reinstatement fee, and after the reinstatement fee has
been fully paid, toward payment of the surcharge. Each payment that is applied toward
the reinstatement fee must be credited as provided in Minnesota Statutes, section 171.29,
subdivision 2, paragraph (b), and each payment that is applied toward the surcharge must
be credited as provided in Minnesota Statutes, section 171.29, subdivision 2, paragraphs
(c) and (d).
new text end

new text begin Subd. 6. new text end

new text begin Components of program. new text end

new text begin (a) At a minimum, the diversion program
must require individuals to:
new text end

new text begin (1) successfully attend and complete, at the individual's expense, educational classes
that provide, among other things, information on drivers' licensure;
new text end

new text begin (2) pay, according to a schedule approved by the prosecutor, all required fees,
fines, and charges, including applicable statutory license reinstatement fees and costs
of participation in the program;
new text end

new text begin (3) comply with all traffic laws; and
new text end

new text begin (4) demonstrate compliance with vehicle insurance requirements.
new text end

new text begin (b) An individual who is accepted into the pilot program is eligible to apply for a
diversion driver's license.
new text end

new text begin Subd. 7. new text end

new text begin Termination of participation in diversion program. new text end

new text begin (a) An individual's
participation in the diversion program may terminate when:
new text end

new text begin (1) during participation in the program, the individual is guilty of a moving traffic
violation or failure to provide vehicle insurance;
new text end

new text begin (2) the third-party administrator of the diversion program informs the court and the
commissioner of public safety that the individual is no longer satisfying the conditions
of the diversion; or
new text end

new text begin (3) the third-party administrator informs the court, the prosecutor, and the
commissioner of public safety that the individual has met all conditions of the diversion
program, including, at a minimum, satisfactory fulfillment of the components in
subdivision 6, whereupon the court shall dismiss the charge or the prosecutor shall decline
to prosecute.
new text end

new text begin (b) Upon termination of an individual's participation in the diversion program, the
commissioner shall cancel the individual's diversion driver's license.
new text end

new text begin (c) The original charge against the individual of violation of Minnesota Statutes,
section 171.24, may be reinstated against an individual whose participation in the
diversion program terminates under paragraph (a), clause (1) or (2).
new text end

new text begin (d) The commissioner shall reinstate the driver's license of an individual whose
participation in the diversion program terminates under paragraph (a), clause (3).
new text end

new text begin Subd. 8. new text end

new text begin Report. new text end

new text begin (a) By February 1, 2011, the commissioner of public safety and
each eligible city that participates in the diversion program shall report to the legislative
committees with jurisdiction over transportation and the judiciary concerning the results
of the program. The report must be made electronically and available in print only upon
request. The report must include, without limitation, the effect of the program on:
new text end

new text begin (1) recidivism rates for participants in the diversion pilot program;
new text end

new text begin (2) the number of unlicensed drivers who continue to drive in violation of Minnesota
Statutes, section 171.24;
new text end

new text begin (3) payment of the fees and fines collected in the diversion pilot program to cities,
counties, and the state;
new text end

new text begin (4) educational support provided to participants in the diversion pilot program; and
new text end

new text begin (5) the total number of participants in the diversion pilot program and the number of
participants who have terminated from the pilot program under subdivision 7, paragraph
(a), clauses (1) to (3).
new text end

new text begin (b) The report must include recommendations regarding the future of the program
and any necessary legislative changes.
new text end

new text begin Subd. 9. new text end

new text begin Sunset. new text end

new text begin The pilot project under this section expires June 30, 2011.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 59. new text beginREVOCATION CENTER PILOT PROJECT; REPORT.
new text end

new text begin (a) The commissioner of corrections shall develop a pilot project for detention and
supervision of persons committed to the commissioner of corrections under Minnesota
Statutes, section 609.105. The proposal must address the care, custody, and programming
for offenders with remaining terms of imprisonment of less than one year. The proposal
must specify that eligible organizations include: (1) private vendors; (2) a county
partnership; (3) nonprofit entities; or (4) any other state partnerships that have facilities in
Hennepin or Ramsey Counties.
new text end

new text begin (b) The commissioner must consider the following factors in developing the
proposal:
new text end

new text begin (1) type and length of programming for short-term offenders, including supervision,
mental health and chemical dependency treatment options, and educational and vocational
training opportunities;
new text end

new text begin (2) medical care;
new text end

new text begin (3) the transport of offenders to and from any facility;
new text end

new text begin (4) detailed current and future costs and per diems associated with the facility;
new text end

new text begin (5) admission and release procedures of the proposed facility;
new text end

new text begin (6) insurance of proposed vendor; and
new text end

new text begin (7) other factors deemed appropriate for consideration by the commissioner of
corrections.
new text end

new text begin (c) By January 15, 2010, the commissioner of corrections shall report by electronic
means the pilot project proposal to the chairs and ranking minority members of the senate
and house of representatives committees having jurisdiction over public safety policy and
finance. A written copy must be made available upon request.
new text end

Sec. 60. new text beginCOUNTY BASED REVOCATION CENTER PILOT PROJECT;
REPORT.
new text end

new text begin (a) Dodge, Fillmore, and Olmsted Counties; Tri-County Community Corrections;
Hennepin County; Ramsey County; and any other county or community corrections
department that wishes to participate may develop a proposal for a pilot project for
a secure residential center for the supervision of persons facing revocation of their
supervised release or execution of a stayed prison sentence. The proposal must address the
care, custody, and programming for offenders assigned to the facility as an intermediate
sanction prior to revocation or execution of a stayed prison sentence.
new text end

new text begin (b) The counties must consider the following factors in developing the proposal:
new text end

new text begin (1) type and length of programming for offenders, including supervision, mental
health and chemical dependency treatment options, and educational and employment
readiness opportunities;
new text end

new text begin (2) medical care;
new text end

new text begin (3) the transporting of offenders to and from any facility;
new text end

new text begin (4) detailed current and future costs and per diems associated with the facility;
new text end

new text begin (5) admission and release procedures of the facility;
new text end

new text begin (6) intended outcomes of the pilot project; and
new text end

new text begin (7) other factors deemed appropriate for consideration by the counties.
new text end

new text begin (c) By December 1, 2009, any county that develops a pilot project shall report by
electronic means the pilot project proposal to the chairs and ranking minority members of
the senate and house of representatives committees having jurisdiction over public safety
policy and funding. A written copy must be made available upon request.
new text end

Sec. 61. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, sections 244.195, subdivision 5; 299C.61, subdivision 8;
299C.67, subdivision 3; 383B.65, subdivision 2; and 403.36, subdivision 1f,
new text end new text begin are repealed.
new text end