2nd Engrossment - 92nd Legislature, 2021 1st Special Session (2021 - 2021) Posted on 06/30/2021 09:28pm
Engrossments | ||
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Introduction | Posted on 06/25/2021 | |
1st Engrossment | Posted on 06/27/2021 | |
2nd Engrossment | Posted on 06/29/2021 |
A bill for an act
relating to public safety; modifying certain provisions relating to public safety,
courts, corrections, sexual offenders, crime victims, background checks, forfeiture,
law enforcement, human rights, and data practices; providing for task forces and
working groups; requiring reports; providing for criminal penalties; appropriating
money for courts, public safety, sentencing guidelines, corrections, human rights,
Peace Officer Standards and Training (POST) Board, Private Detective Board,
Guardian ad Litem Board, state auditor, Legislative Coordinating Commission,
Department of Natural Resources, Uniform Laws Commission, Board on Judicial
Standards, and Board of Public Defense; amending Minnesota Statutes 2020,
sections 2.722, subdivision 1; 13.41, subdivision 3; 13.411, by adding a subdivision;
13.552, by adding a subdivision; 13.7931, by adding a subdivision; 13.824,
subdivision 6; 13.825, subdivision 9; 13.851, by adding a subdivision; 152.01,
subdivision 18; 169.99, subdivision 1c, by adding a subdivision; 169A.55,
subdivisions 2, 4; 169A.60, subdivisions 2, 3, 13; 169A.63, subdivisions 1, 7, 8,
9, 10, 13, by adding subdivisions; 171.29, subdivision 1; 171.30, subdivision 1;
171.306, subdivisions 2, 4; 214.10, subdivision 11; 241.016; 241.021, subdivision
1, by adding subdivisions; 243.166, subdivision 1b; 243.48, subdivision 1; 243.52;
244.19, subdivision 3; 253B.18, subdivision 5a; 253D.14, subdivisions 2, 3, by
adding a subdivision; 299A.52, subdivision 2; 299C.60; 299C.61, subdivisions 2,
4, by adding subdivisions; 299C.62, subdivisions 1, 2, 3, 4, 6; 299C.63; 299C.72;
299C.80, subdivision 3; 340A.504, subdivision 7; 357.021, subdivisions 1a, 6;
363A.02, subdivision 1; 363A.08, subdivision 6; 363A.28, subdivisions 1, 6;
363A.31, subdivision 2; 363A.33, subdivision 3; 363A.36, subdivisions 1, 2, 3, 4,
by adding a subdivision; 363A.44, subdivisions 2, 4, 9; 401.06; 403.02, subdivision
16; 403.03, subdivision 1; 403.07, subdivision 2; 403.11, subdivision 1; 403.21,
subdivisions 3, 12; 403.36, subdivision 1; 477A.03, subdivision 2b; 524.2-503;
609.1095, subdivision 1; 609.131, subdivision 2; 609.135, subdivision 2; 609.221;
609.2325; 609.322, subdivisions 1, 1a; 609.324, subdivisions 1, 2, 4; 609.3241;
609.341, subdivisions 3, 7, 11, 12, 14, 15, by adding subdivisions; 609.342;
609.343; 609.344; 609.345; 609.3451; 609.3455; 609.3459; 609.352, subdivision
4; 609.531, subdivision 1, by adding a subdivision; 609.5311, subdivisions 2, 3,
4; 609.5314, subdivisions 1, 2, 3, by adding a subdivision; 609.5315, subdivisions
5, 5b, 6; 609.605, subdivision 2; 609.66, subdivision 1e; 611.21; 611.27,
subdivisions 9, 10, 11, 13, 15; 611A.039, subdivision 1; 611A.06, subdivision 1;
617.246, subdivisions 2, 3, 4; 617.247, subdivisions 3, 4; 626.14; 626.842,
subdivision 2; 626.8435, subdivision 1; 626.845, subdivision 3; 626.8457,
subdivision 3; 626.8469, by adding a subdivision; 628.26; Laws 2016, chapter
189, article 4, section 7; Laws 2017, chapter 95, article 1, section 11, subdivision
7; article 3, section 30; Laws 2020, Seventh Special Session chapter 2, article 2,
section 4; Laws 2021, First Special Session chapter 4, article 9, sections 1; 2; 3;
4; 5; Laws 2021, First Special Session chapter 5, article 3, sections 1; 2; 3; 4; 5;
proposing coding for new law in Minnesota Statutes, chapters 3; 84; 260B; 299A;
299F; 326B; 604A; 609; 611A; 626; 629; 634; repealing Minnesota Statutes 2020,
sections 253D.14, subdivision 4; 609.324, subdivision 3; 609.5317; 611A.0385.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1. new text beginAPPROPRIATIONS.
|
new text begin
The sums shown in the columns marked "Appropriations" are appropriated to the agencies
and for the purposes specified in this article. The appropriations are from the general fund,
or another named fund, and are available for the fiscal years indicated for each purpose.
The figures "2022" and "2023" used in this article mean that the appropriations listed under
them are available for the fiscal year ending June 30, 2022, or June 30, 2023, respectively.
"The first year" is fiscal year 2022. "The second year" is fiscal year 2023. "The biennium"
is fiscal years 2022 and 2023. Appropriations for the fiscal year ending June 30, 2021, are
effective the day following final enactment.
new text end
new text begin
APPROPRIATIONS new text end |
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new text begin
Available for the Year new text end |
||||||
new text begin
Ending June 30 new text end |
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new text begin
2022 new text end |
new text begin
2023 new text end |
Sec. 2. new text beginSUPREME COURT
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
60,487,000 new text end |
new text begin
$ new text end |
new text begin
61,582,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Supreme Court Operations
|
new text begin
43,559,000 new text end |
new text begin
43,384,000 new text end |
new text begin
(a)
new text end
new text begin
Contingent Account
new text end
new text begin
$5,000 each year is for a contingent account
for expenses necessary for the normal
operation of the court for which no other
reimbursement is provided.
new text end
new text begin
(b) Justices' Compensation
new text end
new text begin
Justices' compensation is increased by 2.5
percent in the first year.
new text end
new text begin
(c) Courthouse Security Grants
new text end
new text begin
$500,000 the first year is for a competitive
grant program established by the chief justice
for the distribution of safe and secure
courthouse fund grants to governmental
entities responsible for providing or
maintaining a courthouse or other facility
where court proceedings are held. Grant
recipients must provide a 50 percent nonstate
match. This appropriation is available until
June 30, 2024.
new text end
new text begin
(d) Neuropsychological Examination
Feasibility Study
new text end
new text begin
$30,000 the first year is for the
neuropsychological examination feasibility
study.
new text end
new text begin Subd. 3. new text end
new text begin
Civil Legal Services
|
new text begin
16,928,000 new text end |
new text begin
18,198,000 new text end |
new text begin
Legal Services to Low-Income Clients in
Family Law Matters. $1,017,000 each year
is to improve the access of low-income clients
to legal representation in family law matters.
This appropriation must be distributed under
Minnesota Statutes, section 480.242, to the
qualified legal services program described in
Minnesota Statutes, section 480.242,
subdivision 2, paragraph (a). Any
unencumbered balance remaining in the first
year does not cancel and is available in the
second year.
new text end
Sec. 3. new text beginCOURT OF APPEALS
|
new text begin
$ new text end |
new text begin
13,490,000 new text end |
new text begin
$ new text end |
new text begin
13,574,000 new text end |
new text begin
new text begin Judges' Compensation.new text end Judges' compensation
is increased by 2.5 percent in the first year.
new text end
Sec. 4. new text beginDISTRICT COURTS
|
new text begin
$ new text end |
new text begin
326,372,000 new text end |
new text begin
$ new text end |
new text begin
329,146,000 new text end |
new text begin
(a) Judges' Compensation
new text end
new text begin
Judges' compensation is increased by 2.5
percent in the first year.
new text end
new text begin
(b) New Judgeship
new text end
new text begin
$482,000 the first year and $449,000 the
second year are for a new judge unit in the
Fifth Judicial District.
new text end
new text begin
(c) Interpreter Compensation
new text end
new text begin
$200,000 each year is to increase hourly fees
paid to qualified certified and uncertified
interpreters who are independent contractors
and assist persons disabled in communication
in legal proceedings. This is a onetime
appropriation.
new text end
Sec. 5. new text beginGUARDIAN AD LITEM BOARD
|
new text begin
$ new text end |
new text begin
22,576,000 new text end |
new text begin
$ new text end |
new text begin
22,815,000 new text end |
Sec. 6. new text beginTAX COURT
|
new text begin
$ new text end |
new text begin
1,827,000 new text end |
new text begin
$ new text end |
new text begin
1,841,000 new text end |
Sec. 7. new text beginUNIFORM LAWS COMMISSION
|
new text begin
$ new text end |
new text begin
100,000 new text end |
new text begin
$ new text end |
new text begin
100,000 new text end |
Sec. 8. new text beginBOARD ON JUDICIAL STANDARDS
|
new text begin
$ new text end |
new text begin
580,000 new text end |
new text begin
$ new text end |
new text begin
586,000 new text end |
new text begin
(a) Availability of Appropriation
new text end
new text begin
If the appropriation for either year is
insufficient, the appropriation for the other
fiscal year is available.
new text end
new text begin
(b)
new text end
new text begin
Major Disciplinary Actions
new text end
new text begin
$125,000 each year is for special investigative
and hearing costs for major disciplinary
actions undertaken by the board. This
appropriation does not cancel. Any
unencumbered and unspent balances remain
available for these expenditures until June 30,
2025.
new text end
Sec. 9. new text beginBOARD OF PUBLIC DEFENSE
|
new text begin
$ new text end |
new text begin
106,381,000 new text end |
new text begin
$ new text end |
new text begin
111,409,000 new text end |
new text begin
Public Defense Corporations. $74,000 the
first year and $152,000 the second year are
for increases to public defense corporations.
new text end
Sec. 10. new text beginHUMAN RIGHTS
|
new text begin
$ new text end |
new text begin
5,433,000 new text end |
new text begin
$ new text end |
new text begin
5,530,000 new text end |
new text begin
Additional Staffing and Administrative
Costs. $110,000 in fiscal year 2022 and
$112,000 in fiscal year 2023 are for improving
caseload processing. The general fund base
for this activity shall be $116,000 per year
beginning in fiscal year 2024.
new text end
Sec. 11. new text beginOFFICE OF THE STATE AUDITOR
|
new text begin
$ new text end |
new text begin
64,000 new text end |
new text begin
$ new text end |
new text begin
30,000 new text end |
new text begin
Forfeiture Reporting. $64,000 the first year
and $30,000 the second year are for costs
associated with forfeiture reporting
requirements.
new text end
Sec. 12. new text beginLEGISLATIVE COORDINATING
|
new text begin
$ new text end |
new text begin
60,000 new text end |
new text begin
$ new text end |
new text begin
60,000 new text end |
new text begin
$60,000 each year is for the Legislative
Commission on Data Practices under
Minnesota Statutes, section 3.8844.
new text end
Sec. 13. new text beginSENTENCING GUIDELINES
|
new text begin
$ new text end |
new text begin
740,000 new text end |
new text begin
$ new text end |
new text begin
765,000 new text end |
Sec. 14. new text beginPUBLIC SAFETY
|
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
1,439,000 new text end |
new text begin
$ new text end |
new text begin
214,167,000 new text end |
new text begin
$ new text end |
new text begin
213,005,000 new text end |
new text begin
General new text end |
new text begin
1,439,000 new text end |
new text begin
128,764,000 new text end |
new text begin
127,621,000 new text end |
new text begin
Special Revenue new text end |
new text begin
14,901,000 new text end |
new text begin
14,891,000 new text end |
|
new text begin
State Government Special Revenue new text end |
new text begin
103,000 new text end |
new text begin
103,000 new text end |
|
new text begin
Environmental new text end |
new text begin
73,000 new text end |
new text begin
73,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
|
new text begin
911 Fund new text end |
new text begin
67,897,000 new text end |
new text begin
67,888,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Emergency Management
|
new text begin
3,000,000 new text end |
new text begin
3,156,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
2,927,000 new text end |
new text begin
3,083,000 new text end |
new text begin
Environmental new text end |
new text begin
73,000 new text end |
new text begin
73,000 new text end |
new text begin
(a) Supplemental Nonprofit Security Grants
new text end
new text begin
$225,000 each year is for supplemental
nonprofit security grants under this paragraph.
new text end
new text begin
Nonprofit organizations whose applications
for funding through the Federal Emergency
Management Agency's nonprofit security grant
program have been approved by the Division
of Homeland Security and Emergency
Management are eligible for grants under this
paragraph. No additional application shall be
required for grants under this paragraph, and
an application for a grant from the federal
program is also an application for funding
from the state supplemental program.
new text end
new text begin
Eligible organizations may receive grants of
up to $75,000, except that the total received
by any individual from both the federal
nonprofit security grant program and the state
supplemental nonprofit security grant program
shall not exceed $75,000. Grants shall be
awarded in an order consistent with the
ranking given to applicants for the federal
nonprofit security grant program. No grants
under the state supplemental nonprofit security
grant program shall be awarded until the
announcement of the recipients and the
amount of the grants awarded under the federal
nonprofit security grant program.
new text end
new text begin
The commissioner may use up to one percent
of the appropriation received under this
paragraph to pay costs incurred by the
department in administering the supplemental
nonprofit security grant program. These
appropriations are onetime.
new text end
new text begin
(b) School Safety Center
new text end
new text begin
$250,000 each year is for two school safety
specialists at the Minnesota School Safety
Center.
new text end
new text begin Subd. 3. new text end
new text begin
Criminal
|
new text begin
1,316,000 new text end |
new text begin
78,263,000 new text end |
new text begin
77,023,000 new text end |
new text begin
Appropriations by Fund new text end |
|||
new text begin
General new text end |
new text begin
1,316,000 new text end |
new text begin
75,827,000 new text end |
new text begin
74,587,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
7,000 new text end |
new text begin
7,000 new text end |
|
new text begin
Trunk Highway new text end |
new text begin
2,429,000 new text end |
new text begin
2,429,000 new text end |
new text begin
(a) DWI Lab Analysis
new text end
new text begin
Notwithstanding Minnesota Statutes, section
161.20, subdivision 3, $2,429,000 each year
is from the trunk highway fund for staff and
operating costs for laboratory analysis related
to driving-while-impaired cases.
new text end
new text begin
(b) Cybersecurity
new text end
new text begin
$2,611,000 the first year and $1,558,000 the
second year are for identity and access
management, critical infrastructure upgrades,
and Federal Bureau of Investigation audit
compliance. The base for this is $1,050,000
in fiscal years 2024 and 2025.
new text end
new text begin
(c) Rapid DNA Program
new text end
new text begin
$285,000 each year is for the Rapid DNA
Program.
new text end
new text begin
(d) Body Cameras
new text end
new text begin
$397,000 the first year and $205,000 the
second year are to purchase body cameras for
peace officers employed by the Bureau of
Criminal Apprehension and to maintain the
necessary hardware, software, and data.
new text end
new text begin
(e) National Guard Sexual Assault
Investigations
new text end
new text begin
$160,000 each year is for investigation of
criminal sexual conduct allegations filed
against members of the Minnesota National
Guard by another member of the Minnesota
National Guard. This appropriation is onetime.
new text end
new text begin
(f) Criminal Alert Network; Alzheimer's
and Dementia
new text end
new text begin
$200,000 the first year is for the criminal alert
network to increase membership, reduce the
registration fee, and create additional alert
categories, including at a minimum a dementia
and Alzheimer's disease specific category.
new text end
new text begin
(g) Forfeiture Notices
new text end
new text begin
$24,000 in fiscal year 2022 is for costs for
technological upgrades required for generating
forfeiture notices and property receipts.
new text end
new text begin
(h) Drugged Driving Lab Testing Support
new text end
new text begin
$825,000 each year is for staffing and supplies
for drugged driving lab testing.
new text end
new text begin Subd. 4. new text end
new text begin
Fire Marshal
|
new text begin
8,752,000 new text end |
new text begin
8,818,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
178,000 new text end |
new text begin
178,000 new text end |
new text begin
Special Revenue new text end |
new text begin
8,574,000 new text end |
new text begin
8,640,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012. The base
appropriation from this account is $8,740,000
in fiscal year 2024 and $8,640,000 in fiscal
year 2025.
new text end
new text begin
(a) Inspections
new text end
new text begin
$300,000 each year is for inspection of nursing
homes and boarding care facilities.
new text end
new text begin
(b) Hazmat and Chemical Assessment
Teams
new text end
new text begin
$950,000 the first year and $850,000 the
second year are from the fire safety account
in the special revenue fund. These amounts
must be used to fund the hazardous materials
and chemical assessment teams. Of this
amount, $100,000 the first year is for cases
for which there is no identified responsible
party. The base appropriation is $950,000 in
fiscal year 2024 and $850,000 in fiscal year
2025.
new text end
new text begin
(c) Bomb Squad Reimbursements
new text end
new text begin
$50,000 each year is from the general fund for
reimbursements to local governments for
bomb squad services.
new text end
new text begin
(d) Emergency Response Teams
new text end
new text begin
$675,000 each year is from the fire safety
account in the special revenue fund to maintain
four emergency response teams: one under the
jurisdiction of the St. Cloud Fire Department
or a similarly located fire department if
necessary; one under the jurisdiction of the
Duluth Fire Department; one under the
jurisdiction of the St. Paul Fire Department;
and one under the jurisdiction of the Moorhead
Fire Department.
new text end
new text begin Subd. 5. new text end
new text begin
Firefighter Training and Education
|
new text begin
5,792,000 new text end |
new text begin
5,792,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
Special Revenue new text end |
new text begin
5,792,000 new text end |
new text begin
5,792,000 new text end |
new text begin
The special revenue fund appropriation is from
the fire safety account in the special revenue
fund and is for activities under Minnesota
Statutes, section 299F.012.
new text end
new text begin
(a) Firefighter Training and Education new text end |
new text begin
$4,500,000 each year is for firefighter training
and education.
new text end
new text begin
(b) Task Force 1
new text end
new text begin
$975,000 each year is for the Minnesota Task
Force 1.
new text end
new text begin
(c) Air Rescue
new text end
new text begin
$317,000 each year is for the Minnesota Air
Rescue Team.
new text end
new text begin
(d) Unappropriated Revenue new text end |
new text begin
Any additional unappropriated money
collected in fiscal year 2021 is appropriated
to the commissioner of public safety for the
purposes of Minnesota Statutes, section
299F.012. The commissioner may transfer
appropriations and base amounts between
activities in this subdivision.
new text end
new text begin Subd. 6. new text end
new text begin
Alcohol and
|
new text begin
123,000 new text end |
new text begin
2,681,000 new text end |
new text begin
2,702,000 new text end |
new text begin
Appropriations by Fund new text end |
|||
new text begin
General new text end |
new text begin
123,000 new text end |
new text begin
2,611,000 new text end |
new text begin
2,632,000 new text end |
new text begin
Special Revenue new text end |
new text begin
70,000 new text end |
new text begin
70,000 new text end |
new text begin
$70,000 each year is from the lawful gambling
regulation account in the special revenue fund.
new text end
new text begin
(a) Legal Costs
new text end
new text begin
$93,000 the first year is for legal costs
associated with Alexis Bailly Vineyard, Inc.
v. Harrington. This is a onetime appropriation.
new text end
new text begin
(b) Body Cameras
new text end
new text begin
$16,000 each year is to purchase body cameras
for peace officers employed by the Alcohol
and Gambling Enforcement Division and to
maintain the necessary hardware, software,
and data.
new text end
new text begin Subd. 7. new text end
new text begin
Office of Justice Programs
|
new text begin
47,317,000 new text end |
new text begin
47,237,000 new text end |
new text begin
Appropriations by Fund new text end |
||
new text begin
General new text end |
new text begin
47,221,000 new text end |
new text begin
47,141,000 new text end |
new text begin
State Government Special Revenue new text end |
new text begin
96,000 new text end |
new text begin
96,000 new text end |
new text begin
(a) Administration Costs
new text end
new text begin
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
new text end
new text begin
(b) Combatting Sex Trafficking Grants
new text end
new text begin
$250,000 each year is for an antitrafficking
investigation coordinator and to implement
new or expand existing strategies to combat
sex trafficking.
new text end
new text begin
(c) Survivor Support and Prevention
Grants
new text end
new text begin
$400,000 each year is for grants to victim
survivors and to fund emerging or unmet
needs impacting victims of crime, particularly
in underserved populations. This is a onetime
appropriation.
new text end
new text begin
(d) Improving Retention in Domestic
Violence Programs
new text end
new text begin
$150,000 the first year is to develop an open
and competitive grant process to award a grant
to establish a pilot project to increase the rate
at which participants voluntarily complete a
person-centered, trauma-informed violence
prevention program by addressing the social
and economic barriers that inhibit program
completion. This appropriation is available
until June 30, 2024.
new text end
new text begin
The grant recipient shall have an established
program for individuals who have been
identified as using abusive behaviors within
a home or community setting. The established
program must apply evidence-based
interventions to equip participants with skills
and techniques to stop abusive behaviors as
they occur and prevent them from happening
in the future.
new text end
new text begin
The pilot project shall address financial,
transportation, food, housing, or social support
barriers in order to increase the rate of
participants completing the program. Money
may be used to advance program capacity,
reduce the administrative burden on program
staff, secure participant consent for
assessment, enhance measurement and
evaluation of the program, and provide other
services and support to increase the rate of
program completion while maintaining low
recidivism rates.
new text end
new text begin
By January 15, 2023, the grant recipient shall
provide a report to the Office of Justice
Programs identifying:
new text end
new text begin
(1) the number of individuals, including the
age, race, and sex of those individuals, who
were admitted into the program before and
after the pilot project began;
new text end
new text begin
(2) the number of individuals, including the
age, race, and sex of those individuals, who
completed the program before and after the
pilot project began;
new text end
new text begin
(3) the number of individuals, including the
age, race, and sex of those individuals, who
left the program prior to completion before
and after the pilot project began;
new text end
new text begin
(4) information on whether the individuals
were members of a two-parent or single-parent
home; and
new text end
new text begin
(5) any other relevant measurement and
evaluation of the pilot project, including
information related to social and economic
barriers that impact program completion rates.
new text end
new text begin
By January 15, 2024, the grant recipient shall
provide a report to the Office of Justice
Programs identifying the domestic violence
recidivism rate of individuals who completed
the program, including the age, race, and sex
of those individuals, before and after the pilot
project began.
new text end
new text begin
By February 15, 2024, the Office of Justice
Programs shall compile the information
received from the grant recipient and provide
that compilation to the senate and house of
representatives committees and divisions with
jurisdiction over public safety.
new text end
new text begin
(e) Innovation in Community Safety Grants
new text end
new text begin
$400,000 each year is for innovation in
community safety grants. This is a onetime
appropriation.
new text end
new text begin
(f) Youth Intervention Program Grants
new text end
new text begin
$286,000 each year is for youth intervention
program grants.
new text end
new text begin
(g) Racially Diverse Youth in Shelters
new text end
new text begin
$45,000 each year is for grants to
organizations to address racial disparity of
youth using shelter services in the Rochester
and St. Cloud regional areas. A grant recipient
shall establish and operate a pilot program to
engage in community intervention, family
reunification, aftercare, and follow up when
family members are released from shelter
services. A pilot program shall specifically
address the high number of racially diverse
youth that enter shelters in the region. This is
a onetime appropriation.
new text end
new text begin
(h) Task Force on Missing and Murdered
African American Women
new text end
new text begin
$100,000 the first year and $50,000 the second
year are to implement the task force on
missing and murdered African American
women. This is a onetime appropriation.
new text end
new text begin
(i) VCETs
new text end
new text begin
$1,000,000 each year is for additional violent
crime enforcement teams. The base for this is
$1,000,000 in fiscal years 2024 and 2025.
new text end
new text begin
Of this amount, $250,000 each year is a
onetime appropriation for a team to address
criminal activities in and around metropolitan
transit lines. This team must include members
from the Hennepin County Sheriff's Office,
the Ramsey County Sheriff's Office, the St.
Paul Police Department, the Minneapolis
Police Department, and the Metropolitan
Transit Police Department. The Hennepin
County Sheriff's Office shall serve as the
team's fiscal agent. By February 1, 2022, the
commissioner shall report to the chairs and
ranking minority members of the legislative
committees with jurisdiction over criminal
justice policy and funding on the activities of
the team. The report must detail the impact
the team had on reducing criminal activity in
and around metropolitan transit lines and
recommend whether to fund the team in the
future or whether the money for this would be
better directed toward other violent crime
enforcement teams.
new text end
new text begin
(j) Office of Missing and Murdered
Indigenous Relatives
new text end
new text begin
$500,000 each year is to establish and
maintain the Office of Missing and Murdered
Indigenous Relatives.
new text end
new text begin
(k) Hometown Heroes Assistance Program
new text end
new text begin
$4,000,000 each year is appropriated for grants
to the Minnesota Firefighter Initiative to fund
the hometown heroes assistance program
established in Minnesota Statutes, section
299A.477.
new text end
new text begin
(l) Juvenile Justice Unit
new text end
new text begin
$200,000 each year is to establish and
maintain a Juvenile Justice Unit.
new text end
new text begin Subd. 8. new text end
new text begin
Emergency Communication Networks
|
new text begin
67,897,000 new text end |
new text begin
67,888,000 new text end |
new text begin
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
new text end
new text begin
This appropriation includes funds for
information technology project services and
support subject to the provisions of Minnesota
Statutes, section 16E.0466. Any ongoing
information technology costs shall be
incorporated into the service level agreement
and shall be paid to the Office of MN.IT
Services by the Department of Public Safety
under the rates and mechanism specified in
that agreement.
new text end
new text begin
(a) Public Safety Answering Points new text end |
new text begin
$27,328,000 the first year and $28,011,000
the second year shall be distributed as
provided in Minnesota Statutes, section
403.113, subdivision 2. The base appropriation
is $28,011,000 in fiscal year 2024 and
$28,011,000 in fiscal year 2025.
new text end
new text begin
(b) Medical Resource Communication Centers new text end |
new text begin
$683,000 the first year is for grants to the
Minnesota Emergency Medical Services
Regulatory Board for the Metro East and
Metro West Medical Resource
Communication Centers that were in operation
before January 1, 2000.
new text end
new text begin
(c) ARMER State Backbone Operating
Costs
new text end
new text begin
$9,675,000 each year is transferred to the
commissioner of transportation for costs of
maintaining and operating the statewide radio
system backbone.
new text end
new text begin
(d) ARMER Improvements
new text end
new text begin
$1,000,000 each year is to the Statewide
Emergency Communications Board for
improvements to those elements of the
statewide public safety radio and
communication system that support mutual
aid communications and emergency medical
services or provide interim enhancement of
public safety communication interoperability
in those areas of the state where the statewide
public safety radio and communication system
is not yet implemented, and grants to local
units of government to further the strategic
goals set forth by the Statewide Emergency
Communications Board strategic plan.
new text end
new text begin
(e) 911 Telecommunicator Working Group
new text end
new text begin
$9,000 the first year is to convene, administer,
and implement the 911 telecommunicator
working group.
new text end
new text begin Subd. 9. new text end
new text begin
Driver and Vehicle Services
|
new text begin
465,000 new text end |
new text begin
389,000 new text end |
new text begin
$465,000 the first year and $389,000 the
second year are from the driver services
operating account in the special revenue fund
for the ignition interlock program under
Minnesota Statutes, section 171.306.
new text end
Sec. 15. new text beginPEACE OFFICER STANDARDS AND
|
new text begin Subdivision 1. new text end
new text begin
Total Appropriation
|
new text begin
$ new text end |
new text begin
11,563,000 new text end |
new text begin
$ new text end |
new text begin
11,554,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Peace Officer Training Reimbursements
|
new text begin
$2,949,000 each year is for reimbursements
to local governments for peace officer training
costs.
new text end
new text begin Subd. 3. new text end
new text begin
Peace Officer Training Assistance
|
new text begin
Philando Castile Memorial Training Fund
$6,000,000 each year is to support and
strengthen law enforcement training and
implement best practices. This funding shall
be named the "Philando Castile Memorial
Training Fund."
new text end
new text begin
Each sponsor of a training course is required
to include the following in the sponsor's
application for approval submitted to the
board: course goals and objectives; a course
outline including at a minimum a timeline and
teaching hours for all courses; instructor
qualifications, including skills and concepts
such as crisis intervention, de-escalation, and
cultural competency that are relevant to the
course provided; and a plan for learning
assessments of the course and documenting
the assessments to the board during review.
Upon completion of each course, instructors
must submit student evaluations of the
instructor's teaching to the sponsor.
new text end
new text begin
The board shall keep records of the
applications of all approved and denied
courses. All continuing education courses shall
be reviewed after the first year. The board
must set a timetable for recurring review after
the first year. For each review, the sponsor
must submit its learning assessments to the
board to show that the course is teaching the
learning outcomes that were approved by the
board.
new text end
new text begin
A list of licensees who successfully complete
the course shall be maintained by the sponsor
and transmitted to the board following the
presentation of the course and the completed
student evaluations of the instructors.
Evaluations are available to chief law
enforcement officers. The board shall establish
a data retention schedule for the information
collected in this section.
new text end
new text begin
Each year, if funds are available after
reimbursing all eligible requests for courses
approved by the board under this subdivision,
the board may use the funds to reimburse law
enforcement agencies for other
board-approved law enforcement training
courses. The base for this activity is $0 in
fiscal year 2026 and thereafter.
new text end
Sec. 16. new text beginPRIVATE DETECTIVE BOARD
|
new text begin
$ new text end |
new text begin
282,000 new text end |
new text begin
$ new text end |
new text begin
288,000 new text end |
Sec. 17. new text beginCORRECTIONS
|
new text begin Subdivision 1. new text end
new text begin
Total
|
new text begin
$ new text end |
new text begin
183,000 new text end |
new text begin
$ new text end |
new text begin
630,943,000 new text end |
new text begin
$ new text end |
new text begin
639,312,000 new text end |
new text begin
The amounts that may be spent for each
purpose are specified in the following
subdivisions.
new text end
new text begin Subd. 2. new text end
new text begin
Incarceration and
|
new text begin
183,000 new text end |
new text begin
461,538,000 new text end |
new text begin
469,578,000 new text end |
new text begin
(a) Healthy Start Act
new text end
new text begin
$100,000 each year is to implement the
healthy start act that shall create a release
program for pregnant women and new mothers
who are committed to the commissioner of
corrections by providing alternatives to
incarceration and improving parenting skills.
new text end
new text begin
(b) Prescription Medications
new text end
new text begin
$17,000 the first year and $20,000 the second
year are to provide a one-month supply of any
prescribed, nonnarcotic medications and a
prescription for a 30-day supply of these
medications that may be refilled twice to
inmates at the time of their release.
new text end
new text begin
(c) Incarceration and Prerelease Services
Base Budget
new text end
new text begin
The general fund base for Department of
Corrections incarceration and prerelease
services is $469,883,000 in fiscal year 2024
and $470,331,000 in fiscal year 2025.
new text end
new text begin Subd. 3. new text end
new text begin
Community
|
new text begin
137,780,000 new text end |
new text begin
138,204,000 new text end |
new text begin
(a) Community Corrections Act
new text end
new text begin
$1,220,000 each year is added to the
Community Corrections Act subsidy, as
described in Minnesota Statutes, section
401.14. This is a onetime increase for the
biennium and requires the submission of a
report to the legislature no later than December
15, 2021, with recommendations from a
working group established to study
supervision services and funding across the
state and develop recommendations. This is a
onetime appropriation.
new text end
new text begin
The commissioner of corrections shall convene
a working group to study and report to the
legislature on the attributes and requirements
of an effective supervision system. The report
shall describe how the state and counties can
achieve an effective supervision system
together, balancing local control with state
support and collaboration. The report shall
include: a proposal for sustainable funding of
the state's community supervision delivery
systems; a plan for the potential of future
Tribal government supervision of probationers
and supervised releasees; a definition of core
or base-level supervision standards in
accordance with the state's obligation to fund
or provide supervision services that are
geographically equitable and reflect the
principles of modern correctional practice; a
recommended funding model and the
associated costs as compared to the state's
current investment in those services;
alternative funding and delivery models and
the alternative models' associated costs when
compared with the state's current investment
in those services; and mechanisms to ensure
balanced application of increases in the cost
of community supervision services.
new text end
new text begin
The working group shall at a minimum include
the following members: the commissioner of
corrections or the commissioner's designee
and four other representatives from the
Department of Corrections, five directors of
the Minnesota Association of Community
Corrections Act Counties, five directors of the
Minnesota Association of County Probation
Offices, three county commissioner
representatives from the Association of
Minnesota Counties with one from each
delivery system, three representatives of the
Minnesota Indian Affairs Council Tribal
government members, and two district court
judge representatives designated by the State
Court Administrator. The working group may
include other members and the use of a
third-party organization to provide process
facilitation, statewide stakeholder engagement,
data analysis, programming and supervision
assessments, and technical assistance through
implementation of the adopted report
recommendations.
new text end
new text begin
The report shall be submitted to the chairs and
ranking minority members of the house of
representatives Public Safety Committee and
the senate Judiciary and Finance Committees
no later than December 15, 2021.
new text end
new text begin
(b) County Probation Officer
Reimbursement
new text end
new text begin
$101,000 each year is for county probation
officers reimbursement, as described in
Minnesota Statutes, section 244.19,
subdivision 6. This is a onetime increase for
the biennium and requires the submission of
a report to the legislature no later than
December 15, 2021, with recommendations
from a working group established to study
supervision services and funding across the
state and develop recommendations. This is a
onetime appropriation.
new text end
new text begin
(c) Probation Supervision Services
new text end
new text begin
$1,170,000 each year is for probation
supervision services provided by the
Department of Corrections in Meeker, Mille
Lacs, and Renville Counties as described in
Minnesota Statutes, section 244.19,
subdivision 1. The commissioner of
corrections shall bill Meeker, Mille Lacs, and
Renville Counties for the total cost of and
expenses incurred for probation services on
behalf of each county, as described in
Minnesota Statutes, section 244.19,
subdivision 5, and all reimbursements shall
be deposited in the general fund.
new text end
new text begin
(d) Task Force on Aiding and Abetting
Felony Murder
new text end
new text begin
$25,000 the first year is to implement the task
force on aiding and abetting felony murder.
new text end
new text begin
(e) Alternatives to Incarceration
new text end
new text begin
$320,000 each year is for funding to Anoka
County, Crow Wing County, and Wright
County to facilitate access to community
treatment options under the alternatives to
incarceration program.
new text end
new text begin
(f) Juvenile Justice Report
new text end
new text begin
$55,000 the first year and $9,000 the second
year are for reporting on extended jurisdiction
juveniles.
new text end
new text begin
(g) Postrelease Employment for Inmates
Grant; Request for Proposals
new text end
new text begin
$300,000 the first year is for a grant to a
nongovernmental organization to provide
curriculum and corporate mentors to inmates
and assist inmates in finding meaningful
employment upon release from a correctional
facility. By September 1, 2021, the
commissioner of corrections must issue a
request for proposals. By December 1, 2021,
the commissioner shall award a $300,000 grant
to the applicant that is best qualified to provide
the programming described in this paragraph.
new text end
new text begin
(h) Homelessness Mitigation Plan
new text end
new text begin
$12,000 the first year is to develop and
implement a homelessness mitigation plan for
individuals released from prison.
new text end
new text begin
(i) Identifying Documents
new text end
new text begin
$23,000 the first year and $28,000 the second
year are to assist inmates in obtaining a copy
of their birth certificates and provide
appropriate Department of Corrections
identification cards to individuals released
from prison.
new text end
new text begin
(j) Predatory Offender Statutory
Framework Working Group
new text end
new text begin
$25,000 the first year is to convene,
administer, and implement the Predatory
Offender Statutory Framework Working
Group.
new text end
new text begin Subd. 4. new text end
new text begin
Organizational, Regulatory, and
|
new text begin
31,625,000 new text end |
new text begin
31,530,000 new text end |
new text begin
(a) Technology
new text end
new text begin
$1,566,000 the first year and $1,621,000 the
second year are to increase support for
ongoing technology needs.
new text end
new text begin
(b) Correctional Facilities Security Audit
Group
new text end
new text begin
$42,000 the first year and $69,000 the second
year are for the correctional facilities security
audit group to prepare security audit standards,
conduct security audits, and prepare required
reports.
new text end
new text begin
(c) Oversight
new text end
new text begin
$992,000 the first year and $492,000 the
second year are to expand and improve
oversight of jails and other state and local
correctional facilities, including the addition
of four full-time corrections detention facilities
inspectors and funds for county sheriffs who
inspect municipal lockups.
new text end
new text begin
(d) Jailhouse Witness Data
new text end
new text begin
$20,000 the first year is for costs associated
with collecting and reporting on jailhouse
witness data.
new text end
Sec. 18. new text beginOMBUDSPERSON FOR
|
new text begin
$ new text end |
new text begin
659,000 new text end |
new text begin
$ new text end |
new text begin
663,000 new text end |
Sec. 19. new text beginDEPARTMENT OF NATURAL
|
new text begin
$ new text end |
new text begin
489,000 new text end |
new text begin
$ new text end |
new text begin
387,000 new text end |
new text begin
$489,000 the first year and $387,000 the
second year are to purchase body cameras for
conservation officers employed by the
Department of Natural Resources and to
maintain the necessary hardware, software,
and data. The base appropriation is $387,000
in fiscal year 2024 and $387,000 in fiscal year
2025.
new text end
Sec. 20. new text beginCANCELLATION; FISCAL YEAR
|
new text begin
(a) Alcohol and Gambling Enforcement
new text end
new text begin
$132,000 of the fiscal year 2021 general fund
appropriation under Laws 2019, First Special
Session chapter 5, article 1, section 12,
subdivision 6, is canceled.
new text end
new text begin
(b) Office of Justice Programs
new text end
new text begin
$213,000 of the fiscal year 2021 general fund
appropriation under Laws 2019, First Special
Session chapter 5, article 1, section 12,
subdivision 7, is canceled.
new text end
new text begin
This section is effective retroactively from June 30, 2021.
new text end
new text begin
(a) If the fiscal year 2021 final closing balance in the general fund exceeds the closing
balance projected at the end of the 2021 first special legislative session by at least
$30,000,000, the commissioner of management and budget must transfer $30,000,000 from
the general fund to the disaster assistance contingency account established under Minnesota
Statutes, section 12.221, subdivision 6.
new text end
new text begin
(b) If the fiscal year 2021 final closing balance in the general fund exceeds the closing
balance projected at the end of the 2021 first special legislative session by less than
$30,000,000, the commissioner of management and budget must transfer an amount equal
to the difference between the fiscal year 2021 final closing balance and the closing balance
projected at the end of the 2021 first special legislative session from the general fund to the
disaster assistance contingency account established under Minnesota Statutes, section 12.221,
subdivision 6.
new text end
new text begin
(c) If a transfer is required under this section, the transfer must be completed before
September 30, 2021.
new text end
Minnesota Statutes 2020, section 152.01, subdivision 18, is amended to read:
(a) Except as otherwise provided in paragraph (b), "drug
paraphernalia" means all equipment, products, and materials of any kind, except those items
used in conjunction with permitted uses of controlled substances under this chapter or the
Uniform Controlled Substances Act, which are knowingly or intentionally used primarily
in (1) manufacturing a controlled substance, (2) injecting, ingesting, inhaling, or otherwise
introducing into the human body a controlled substance, (3) testing the strength, effectiveness,
or purity of a controlled substance, or (4) enhancing the effect of a controlled substance.
(b) "Drug paraphernalia" does not include the possession, manufacture, delivery, or sale
ofnew text begin: (1)new text end hypodermic needles or syringes in accordance with section 151.40, subdivision 2deleted text begin.deleted text endnew text begin;
or new text endnew text begin(2) products that detect the presence of fentanyl or a fentanyl analog in a controlled
substance.
new text end
new text begin
This section is effective July 1, 2021, for acts occurring on or
after that date.
new text end
Minnesota Statutes 2020, section 169A.55, subdivision 2, is amended to read:
Upon expiration of a period of
revocation under section 169A.52 (license revocation for test failure or refusal), 169A.54
(impaired driving convictions and adjudications; administrative penalties), or 171.177
(revocation; search warrant), the commissioner shall notify the person of the terms upon
which driving privileges can be reinstated, and new registration plates issued, which terms
are: (1) deleted text beginsuccessful completion of an examination anddeleted text end proof of compliance with any terms
of alcohol treatment or counseling previously prescribed, if any; and (2) any other
requirements imposed by the commissioner and applicable to that particular case. The
commissioner shall notify the owner of a motor vehicle subject to an impoundment order
under section 169A.60 (administrative impoundment of plates) as a result of the violation
of the procedures for obtaining new registration plates, if the owner is not the violator. The
commissioner shall also notify the person that if driving is resumed without reinstatement
of driving privileges or without valid registration plates and registration certificate, the
person will be subject to criminal penalties.
Minnesota Statutes 2020, section 169A.55, subdivision 4, is amended to read:
new text begin
(a) A person whose
driver's license has been revoked as a result of an offense listed under clause (2) shall not
be eligible for reinstatement of driving privileges without an ignition interlock restriction
until the commissioner certifies that either:
new text end
new text begin
(1) the person did not own or lease a vehicle at the time of the offense or at any time
between the time of the offense and the driver's request for reinstatement, or commit a
violation of chapter 169, 169A, or 171 between the time of the offense and the driver's
request for reinstatement or at the time of the arrest for the offense listed under clause (2),
item (i), subitem (A) or (B), or (ii), subitem (A) or (B), as based on:
new text end
new text begin
(i) a request by the person for reinstatement, on a form to be provided by the Department
of Public Safety;
new text end
new text begin
(ii) the person's attestation under penalty of perjury; and
new text end
new text begin
(iii) the submission by the driver of certified copies of vehicle registration records and
driving records for the period from the arrest until the driver seeks reinstatement of driving
privileges; or
new text end
new text begin
(2) the person used the ignition interlock device and complied with section 171.306 for
a period of not less than:
new text end
new text begin
(i) one year, for a person whose driver's license was revoked for:
new text end
new text begin
(A) an offense occurring within ten years of a qualified prior impaired driving incident;
or
new text end
new text begin
(B) an offense occurring after two qualified prior impaired driving incidents; or
new text end
new text begin
(ii) two years, for a person whose driver's license was revoked for:
new text end
new text begin
(A) an offense occurring under item (i), subitem (A) or (B), and the test results indicated
an alcohol concentration of twice the legal limit or more; or
new text end
new text begin
(B) an offense occurring under item (i), subitem (A) or (B), and the current offense is
for a violation of section 169A.20, subdivision 2.
new text end
deleted text begin (a)deleted text endnew text begin (b)new text end A person whose driver's license has been canceled or denied as a result of three
or more qualified impaired driving incidents shall not be eligible for reinstatement of driving
privileges without an ignition interlock restriction until the person:
(1) has completed rehabilitation according to rules adopted by the commissioner or been
granted a variance from the rules by the commissioner; and
(2) has submitted verification of abstinence from alcohol and controlled substancesnew text begin
under paragraph (c)new text end, as evidenced by the person's use of an ignition interlock device or other
chemical monitoring device approved by the commissioner.
deleted text begin (b)deleted text endnew text begin (c)new text end The verification of abstinence must show that the person has abstained from the
use of alcohol and controlled substances for a period of not less than:
(1) three years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of two qualified prior impaired driving incidents, or
occurring after three qualified prior impaired driving incidents;
(2) four years, for a person whose driver's license was canceled or denied for an offense
occurring within ten years of the first of three qualified prior impaired driving incidents; or
(3) six years, for a person whose driver's license was canceled or denied for an offense
occurring after four or more qualified prior impaired driving incidents.
deleted text begin
(c) The commissioner shall establish performance standards and a process for certifying
chemical monitoring devices. The standards and procedures are not rules and are exempt
from chapter 14, including section 14.386.
deleted text end
new text begin
This section is effective August 1, 2021, for revocations occurring
on or after that date.
new text end
Minnesota Statutes 2020, section 169A.60, subdivision 2, is amended to read:
(a) The commissioner
shall issue a registration plate impoundment order when:
(1) a person's driver's license or driving privileges are revoked for a plate impoundment
violation; deleted text beginor
deleted text end
(2) a person is arrested for or charged with a plate impoundment violation described in
subdivision 1, paragraph (d), clause (5)new text begin; or
new text end
new text begin (3) a person issued new registration plates pursuant to subdivision 13, paragraph (f),
violates the terms of the ignition interlock program as described in subdivision 13, paragraph
(g)new text end.
(b) The order must require the impoundment of the registration plates of the motor
vehicle involved in the plate impoundment violation and all motor vehicles owned by,
registered, or leased in the name of the violator, including motor vehicles registered jointly
or leased in the name of the violator and another. The commissioner shall not issue an
impoundment order for the registration plates of a rental vehicle, as defined in section
168.041, subdivision 10, or a vehicle registered in another state.
Minnesota Statutes 2020, section 169A.60, subdivision 3, is amended to read:
An impoundment order is effective when the
commissioner or a peace officer acting on behalf of the commissioner notifies the violator
or the registered owner of the motor vehicle of the intent to impound and order of
impoundment. The notice must advise the violator of the duties and obligations set forth in
subdivision 6 (surrender of plates) and of the right to obtain administrative and judicial
review. The notice to the registered owner who is not the violator must include the procedure
to obtain new registration plates under subdivision 8. If mailed, the notice and order of
impoundment is deemed received three days after mailing to the last known address of the
violator or the registered ownernew text begin, including the address provided when the person became a
program participant in the ignition interlock program under section 171.306new text end.
Minnesota Statutes 2020, section 169A.60, subdivision 13, is amended to read:
(a) At any time during the effective period of an
impoundment order, a violator or registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers or letters so as to be readily
identified by traffic law enforcement officers. The commissioner may authorize the issuance
of special plates if:
(1) the violator has a qualified licensed driver whom the violator must identify;
(2) the violator or registered owner has a limited license issued under section 171.30;
(3) the registered owner is not the violator and the registered owner has a valid or limited
driver's license;
(4) a member of the registered owner's household has a valid driver's license; or
(5) the violator has been reissued a valid driver's license.
(b) The commissioner may not issue new registration plates for that vehicle subject to
plate impoundment for a period of at least one year from the date of the impoundment order.
In addition, if the owner is the violator, new registration plates may not be issued for the
vehicle unless the person has been reissued a valid driver's license in accordance with chapter
171.
(c) A violator may not apply for new registration plates for a vehicle at any time before
the person's driver's license is reinstated.
(d) The commissioner may issue the special plates on payment of a $50 fee for each
vehicle for which special plates are requestednew text begin, except that a person who paid the fee required
under paragraph (f) must not be required to pay an additional fee if the commissioner issued
an impoundment order pursuant to paragraph (g)new text end.
(e) Paragraphs (a) to (d) notwithstanding, the commissioner must issue upon request
new registration plates for deleted text beginadeleted text end new text beginanynew text end vehicle new text beginowned by a violator or registered ownernew text end for which
the registration plates have been impounded if:
(1) the impoundment order is rescinded;
(2) the vehicle is transferred in compliance with subdivision 14; or
(3) the vehicle is transferred to a Minnesota automobile dealer licensed under section
168.27, a financial institution that has submitted a repossession affidavit, or a government
agency.
new text begin
(f) Notwithstanding paragraphs (a) to (d), the commissioner, upon request and payment
of a $100 fee for each vehicle for which special plates are requested, must issue new
registration plates for any vehicle owned by a violator or registered owner for which the
registration plates have been impounded if the violator becomes a program participant in
the ignition interlock program under section 171.306. This paragraph does not apply if the
registration plates have been impounded pursuant to paragraph (g).
new text end
new text begin
(g) The commissioner shall issue a registration plate impoundment order for new
registration plates issued pursuant to paragraph (f) if, before a program participant in the
ignition interlock program under section 171.306 has been restored to full driving privileges,
the program participant:
new text end
new text begin
(1) either voluntarily or involuntarily ceases to participate in the program for more than
30 days; or
new text end
new text begin
(2) fails to successfully complete the program as required by the Department of Public
Safety due to:
new text end
new text begin
(i) two or more occasions of the participant's driving privileges being withdrawn for
violating the terms of the program, unless the withdrawal is determined to be caused by an
error of the department or the interlock provider; or
new text end
new text begin
(ii) violating the terms of the contract with the provider as determined by the provider.
new text end
Minnesota Statutes 2020, section 171.29, subdivision 1, is amended to read:
new text begin(a) new text endNo person whose driver's license has been
revoked by reason of conviction, plea of guilty, or forfeiture of bail not vacated, under
section 169.791, 169.797, 171.17, or 171.172, or revoked under section 169.792deleted text begin, 169A.52,deleted text end
deleted text begin or deleted text enddeleted text begin171.177deleted text end shall be issued another license unless and until that person shall have successfully
passed an examination as required by the commissioner of public safety. This subdivision
does not apply to an applicant for early reinstatement under section 169.792, subdivision
7a.
new text begin
(b) The requirement to successfully pass the examination described in paragraph (a)
does not apply to a person whose driver's license has been revoked because of an impaired
driving offense.
new text end
Minnesota Statutes 2020, section 171.30, subdivision 1, is amended to read:
(a) The commissioner may issue a limited license
to the driver under the conditions in paragraph (b) in any case where a person's license has
been:
(1) suspended under section 171.18, 171.173, 171.186, or 171.187;
(2) revoked, canceled, or denied under section:
(i) 169.792;
(ii) 169.797;
(iii) 169A.52:
(A) subdivision 3, paragraph (a), clause (1) or (2);new text begin or
new text end
deleted text begin
(B) subdivision 3, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end
deleted text begin (C)deleted text endnew text begin (B)new text end subdivision 4, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limit;
deleted text begin
(D) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end
(iv) 171.17; or
(v) 171.172;
(3) revoked, canceled, or denied under section 169A.54:
(i) subdivision 1, clause (1), if the test results indicate an alcohol concentration of less
than twice the legal limit;
(ii) subdivision 1, clause (2);new text begin or
new text end
deleted text begin
(iii) subdivision 1, clause (5), (6), or (7), if in compliance with section 171.306; or
deleted text end
deleted text begin (iv)deleted text endnew text begin (iii)new text end subdivision 2, if the person does not have a qualified prior impaired driving
incident as defined in section 169A.03, subdivision 22, on the person's record, and the test
results indicate an alcohol concentration of less than twice the legal limit; or
(4) revoked, canceled, or denied under section 171.177:
(i) subdivision 4, paragraph (a), clause (1) or (2);new text begin or
new text end
deleted text begin
(ii) subdivision 4, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306;
deleted text end
deleted text begin (iii)deleted text endnew text begin (ii)new text end subdivision 5, paragraph (a), clause (1) or (2), if the test results indicate an
alcohol concentration of less than twice the legal limitdeleted text begin; ordeleted text endnew text begin.
new text end
deleted text begin
(iv) subdivision 5, paragraph (a), clause (4), (5), or (6), if in compliance with section
171.306.
deleted text end
(b) The following conditions for a limited license under paragraph (a) include:
(1) if the driver's livelihood or attendance at a chemical dependency treatment or
counseling program depends upon the use of the driver's license;
(2) if the use of a driver's license by a homemaker is necessary to prevent the substantial
disruption of the education, medical, or nutritional needs of the family of the homemaker;
or
(3) if attendance at a postsecondary institution of education by an enrolled student of
that institution depends upon the use of the driver's license.
(c) The commissioner in issuing a limited license may impose such conditions and
limitations as in the commissioner's judgment are necessary to the interests of the public
safety and welfare including reexamination as to the driver's qualifications. The license may
be limited to the operation of particular vehicles, to particular classes and times of operation,
and to particular conditions of traffic. The commissioner may require that an applicant for
a limited license affirmatively demonstrate that use of public transportation or carpooling
as an alternative to a limited license would be a significant hardship.
(d) For purposes of this subdivision:
(1) "homemaker" refers to the person primarily performing the domestic tasks in a
household of residents consisting of at least the person and the person's dependent child or
other dependents; and
(2) "twice the legal limit" means an alcohol concentration of two times the limit specified
in section 169A.20, subdivision 1, clause (5).
(e) The limited license issued by the commissioner shall clearly indicate the limitations
imposed and the driver operating under the limited license shall have the license in possession
at all times when operating as a driver.
(f) In determining whether to issue a limited license, the commissioner shall consider
the number and the seriousness of prior convictions and the entire driving record of the
driver and shall consider the number of miles driven by the driver annually.
(g) If the person's driver's license or permit to drive has been revoked under section
169.792 or 169.797, the commissioner may only issue a limited license to the person after
the person has presented an insurance identification card, policy, or written statement
indicating that the driver or owner has insurance coverage satisfactory to the commissioner
of public safety. The commissioner of public safety may require the insurance identification
card provided to satisfy this subdivision be certified by the insurance company to be
noncancelable for a period not to exceed 12 months.
(h) The limited license issued by the commissioner to a person under section 171.186,
subdivision 4, must expire 90 days after the date it is issued. The commissioner must not
issue a limited license to a person who previously has been issued a limited license under
section 171.186, subdivision 4.
(i) The commissioner shall not issue a limited driver's license to any person described
in section 171.04, subdivision 1, clause (6), (7), (8), (11), or (14).
(j) The commissioner shall not issue a class A, class B, or class C limited license.
Minnesota Statutes 2020, section 171.306, subdivision 2, is amended to read:
(a) The commissioner shall establish performance standards and a process
for certifying devices used in the ignition interlock program, except that the commissioner
may not establish standards that, directly or indirectly, require devices to use or enable
location tracking capabilities without a court order.
(b) The manufacturer of a device must apply annually for certification of the device by
submitting the form prescribed by the commissioner. The commissioner shall require
manufacturers of certified devices to:
(1) provide device installation, servicing, and monitoring to indigent program participants
at a discounted rate, according to the standards established by the commissioner; deleted text beginand
deleted text end
(2) include in an ignition interlock device contract a provision that a program participant
who voluntarily terminates participation in the program is only liable for servicing and
monitoring costs incurred during the time the device is installed on the motor vehicle,
regardless of whether the term of the contract has expirednew text begin; and
new text end
new text begin (3) include in an ignition interlock device contract a provision that requires manufacturers
of certified devices to pay any towing or repair costs caused by device failure or malfunction,
or by damage caused during device installation, servicing, or monitoringnew text end.
(c) The manufacturer of a certified device must include with an ignition interlock device
contract a separate notice to the program participant regarding any location tracking
capabilities of the device.
Minnesota Statutes 2020, section 171.306, subdivision 4, is amended to read:
(a) The commissioner shall issue a class D
driver's license, subject to the applicable limitations and restrictions of this section, to a
program participant who meets the requirements of this section and the program guidelines.
The commissioner shall not issue a license unless the program participant has provided
satisfactory proof that:
(1) a certified ignition interlock device has been installed on the participant's motor
vehicle at an installation service center designated by the device's manufacturer; and
(2) the participant has insurance coverage on the vehicle equipped with the ignition
interlock device. new text beginIf the participant has previously been convicted of violating section 169.791,
169.793, or 169.797 or the participant's license has previously been suspended or canceled
under section 169.792 or 169.797, new text endthe commissioner shall require the participant to present
an insurance identification carddeleted text begin, policy, or written statement as proof of insurance coverage,
and may require the insurance identification card provided bedeleted text endnew text begin that isnew text end certified by the insurance
company to be noncancelable for a period not to exceed 12 months.
(b) A license issued under authority of this section must contain a restriction prohibiting
the program participant from driving, operating, or being in physical control of any motor
vehicle not equipped with a functioning ignition interlock device certified by the
commissioner. A participant may drive an employer-owned vehicle not equipped with an
interlock device while in the normal course and scope of employment duties pursuant to
the program guidelines established by the commissioner and with the employer's written
consent.
(c) A program participant whose driver's license has been: (1) revoked under section
169A.52, subdivision 3, paragraph (a), clause (1), (2), or (3), or subdivision 4, paragraph
(a), clause (1), (2), or (3); 169A.54, subdivision 1, clause (1), (2), (3), or (4); or 171.177,
subdivision 4, paragraph (a), clause (1), (2), or (3), or subdivision 5, paragraph (a), clause
(1), (2), or (3); or (2) revoked under section 171.17, subdivision 1, paragraph (a), clause
(1), or suspended under section 171.187, for a violation of section 609.2113, subdivision
1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2), item (i) or (iii), (3), or
(4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or 609.2114, subdivision 2,
clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm, substantial bodily harm, or
great bodily harm, where the participant has fewer than two qualified prior impaired driving
incidents within the past ten years or fewer than three qualified prior impaired driving
incidents ever; may apply for conditional reinstatement of the driver's license, subject to
the ignition interlock restriction.
(d) A program participant whose driver's license has been: (1) revoked, canceled, or
denied under section 169A.52, subdivision 3, paragraph (a), clause (4), (5), or (6), or
subdivision 4, paragraph (a), clause (4), (5), or (6); 169A.54, subdivision 1, clause (5), (6),
or (7); or 171.177, subdivision 4, paragraph (a), clause (4), (5), or (6), or subdivision 5,
paragraph (a), clause (4), (5), or (6); or (2) revoked under section 171.17, subdivision 1,
paragraph (a), clause (1), or suspended under section 171.187, for a violation of section
609.2113, subdivision 1, clause (2), item (i) or (iii), (3), or (4); subdivision 2, clause (2),
item (i) or (iii), (3), or (4); or subdivision 3, clause (2), item (i) or (iii), (3), or (4); or
609.2114, subdivision 2, clause (2), item (i) or (iii), (3), or (4), resulting in bodily harm,
substantial bodily harm, or great bodily harm, where the participant has two or more qualified
prior impaired driving incidents within the past ten years or three or more qualified prior
impaired driving incidents ever; may apply for deleted text begina limiteddeleted text endnew text begin conditional reinstatement of the
driver'snew text end license, subject to the ignition interlock restriction, if the program participant is
enrolled in a licensed chemical dependency treatment or rehabilitation program as
recommended in a chemical use assessmentdeleted text begin, and if the participant meets the other applicable
requirements of section 171.30. After completingdeleted text endnew text begin. As a prerequisite to eligibility for eventual
reinstatement of full driving privileges, a participant whose chemical use assessment
recommended treatment or rehabilitation shall completenew text end a licensed chemical dependency
treatment or rehabilitation program deleted text beginand one year of limited license use without violating
the ignition interlock restriction, the conditions of limited license use, or program guidelines,
the participant may apply for conditional reinstatement of the driver's license, subject to the
ignition interlock restrictiondeleted text end. If the program participant's ignition interlock device
subsequently registers a positive breath alcohol concentration of 0.02 or higher, the
commissioner shall deleted text begincancel the driver's license, and the program participant may apply for
another limited license according to this paragraph.deleted text endnew text begin extend the time period that the participant
must participate in the program until the participant has reached the required abstinence
period described in section 169A.55, subdivision 4.
new text end
(e) Notwithstanding any statute or rule to the contrary, the commissioner has authority
to determine when a program participant is eligible for restoration of full driving privileges,
except that the commissioner shall not reinstate full driving privileges until the program
participant has met all applicable prerequisites for reinstatement under section 169A.55 and
until the program participant's device has registered no positive breath alcohol concentrations
of 0.02 or higher during the preceding 90 days.
Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3; or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to deleted text beginthe offensesdeleted text endnew text begin an offense or involving similar circumstances to an offensenew text end described in
clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another
offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state deleted text beginthat would
be a violation of a lawdeleted text endnew text begin similar to an offense or involving similar circumstances to an offensenew text end
described in paragraph (a) deleted text beginif committed in this statedeleted text endnew text begin, clause (1), (2), or (3),new text end and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.
new text begin
This section is effective July 1, 2021, and applies to offenders
who live in the state or who enter the state on or after that date.
new text end
new text begin
(a) The definitions in this subdivision apply to this section.
new text end
new text begin
(b) "Firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving
a general population within the boundaries of the state.
new text end
new text begin
(c) "Minnesota Firefighter Initiative" means a collaborative that is established by major
fire service organizations in Minnesota, is a nonprofit organization, and is tax exempt under
section 501(c)(3) of the Internal Revenue Code.
new text end
new text begin
The commissioner of public safety shall award a grant
to the Minnesota Firefighter Initiative to administer a hometown heroes assistance program
for Minnesota firefighters. The Minnesota Firefighter Initiative shall use the grant funds:
new text end
new text begin
(1) to provide a onetime critical illness monetary support payment to each firefighter
who is diagnosed with cancer or heart disease and who applies for the payment. Monetary
support shall be provided according to the requirements in subdivision 3;
new text end
new text begin
(2) to develop a psychotherapy program customized to address emotional trauma
experienced by firefighters and to offer all firefighters in the state up to five psychotherapy
sessions per year under the customized program, provided by mental health professionals;
new text end
new text begin
(3) to offer additional psychotherapy sessions to firefighters who need them;
new text end
new text begin
(4) to develop, annually update, and annually provide to all firefighters in the state at
least two hours of training on cancer, heart disease, and emotional trauma as causes of illness
and death for firefighters; steps and best practices for firefighters to limit the occupational
risks of cancer, heart disease, and emotional trauma; provide evidence-based suicide
prevention strategies; and ways for firefighters to address occupation-related emotional
trauma and promote emotional wellness. The training shall be presented by firefighters who
attend an additional course to prepare them to serve as trainers; and
new text end
new text begin
(5) for administrative and overhead costs of the Minnesota Firefighter Initiative associated
with conducting the activities in clauses (1) to (4).
new text end
new text begin
(a) The Minnesota Firefighter
Initiative shall establish and administer a critical illness monetary support program which
shall provide a onetime support payment of up to $20,000 to each firefighter diagnosed with
cancer or heart disease. A firefighter may apply for monetary support from the program, in
a form specified by the Minnesota Firefighter Initiative, if the firefighter has a current
diagnosis of cancer or heart disease or was diagnosed with cancer or heart disease in the
year preceding the firefighter's application. A firefighter's application for monetary support
must include a certification from the firefighter's health care provider of the firefighter's
diagnosis with cancer or heart disease. The Minnesota Firefighter Initiative shall establish
criteria to guide disbursement of monetary support payments under this program, and shall
scale the amount of monetary support provided to each firefighter according to the severity
of the firefighter's diagnosis.
new text end
new text begin
(b) The commissioner of public safety may access the accounts of the critical illness
monetary support program and may conduct periodic audits of the program to ensure that
payments are being made in compliance with this section and disbursement criteria
established by the Minnesota Firefighter Initiative.
new text end
new text begin
The commissioner may accept contributions
from nonstate sources to supplement state appropriations for the hometown heroes assistance
program. Contributions received under this subdivision are appropriated to the commissioner
for the grant to the Minnesota Firefighter Initiative for purposes of this section.
new text end
Minnesota Statutes 2020, section 299A.52, subdivision 2, is amended to read:
The commissioner shall assess the responsible person for
the regional hazardous materials response team costs of response. The commissioner may
bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional
court costs.new text begin Any funds received by the commissioner under this subdivision are appropriated
to the commissioner to pay for costs for which the funds were received. Any remaining
funds at the end of the biennium shall be transferred to the Fire Safety Account.
new text end
new text begin
The commissioner of public
safety must appoint a statewide antitrafficking investigation coordinator who shall work in
the Office of Justice Programs. The coordinator must be a current or former law enforcement
officer or prosecutor with experience investigating or prosecuting trafficking-related offenses.
The coordinator must also have knowledge of services available to and Safe Harbor response
for victims of sex trafficking and sexual exploitation and Minnesota's child welfare system
response. The coordinator serves at the pleasure of the commissioner in the unclassified
service.
new text end
new text begin
The coordinator shall have the following duties:
new text end
new text begin
(1) develop, coordinate, and facilitate training for law enforcement officers, prosecutors,
courts, child welfare workers, social service providers, medical providers, and other
community members;
new text end
new text begin
(2) establish standards for approved training and review compliance with those standards;
new text end
new text begin
(3) coordinate and monitor multijurisdictional sex trafficking task forces;
new text end
new text begin
(4) review, develop, promote, and monitor compliance with investigative protocols to
ensure that law enforcement officers and prosecutors engage in best practices;
new text end
new text begin
(5) provide technical assistance and advice related to the investigation and prosecution
of trafficking offenses and the treatment of victims;
new text end
new text begin
(6) promote the efficient use of resources by addressing issues of deconfliction, providing
advice regarding questions of jurisdiction, and promoting the sharing of data between entities
investigating and prosecuting trafficking offenses;
new text end
new text begin
(7) assist in the appropriate distribution of grants;
new text end
new text begin
(8) perform other duties necessary to ensure effective and efficient investigation and
prosecution of trafficking-related offenses; and
new text end
new text begin
(9) coordinate with other federal, state, and local agencies to ensure multidisciplinary
responses to trafficking and exploitation of youth in Minnesota.
new text end
new text begin
As used in this section, the following terms have the meanings
given.
new text end
new text begin
(a) "Indigenous" means descended from people who were living in North America at
the time people from Europe began settling in North America.
new text end
new text begin
(b) "Missing and murdered Indigenous relatives" means missing and murdered Indigenous
people.
new text end
new text begin
(c) "Missing and Murdered Indigenous Women Task Force report" means the report
titled "Missing and Murdered Indigenous Women Task Force: a Report to the Minnesota
Legislature," published by the Wilder Research organization in December 2020.
new text end
new text begin
The commissioner shall establish and maintain an office
dedicated to preventing and ending the targeting of Indigenous women, children, and
two-spirited people with the Minnesota Office of Justice Programs.
new text end
new text begin
(a) The commissioner must appoint a director who is a person
closely connected to a Tribe or Indigenous community and who is highly knowledgeable
about criminal investigations. The commissioner is encouraged to consider candidates for
appointment who are recommended by Tribes and Indigenous communities.
new text end
new text begin
(b) The director may select, appoint, and compensate out of available funds assistants
and employees as necessary to discharge the office's responsibilities.
new text end
new text begin
(c) The director and full-time staff shall be members of the Minnesota State Retirement
Association.
new text end
new text begin
The office has the following duties:
new text end
new text begin
(1) advocate in the legislature for legislation that will facilitate the accomplishment of
the mandates identified in the Missing and Murdered Indigenous Women Task Force report;
new text end
new text begin
(2) advocate for state agencies to take actions to facilitate the accomplishment of the
mandates identified in the Missing and Murdered Indigenous Women Task Force report;
new text end
new text begin
(3) develop recommendations for legislative and agency actions to address injustice in
the criminal justice system's response to the cases of missing and murdered Indigenous
relatives;
new text end
new text begin
(4) facilitate research to refine the mandates in the Missing and Murdered Indigenous
Women Task Force report and to assess the potential efficacy, feasibility, and impact of the
recommendations;
new text end
new text begin
(5) develop tools and processes to evaluate the implementation and impact of the efforts
of the office;
new text end
new text begin
(6) track and collect Minnesota data on missing and murdered indigenous women,
children, and relatives, and provide statistics upon public or legislative inquiry;
new text end
new text begin
(7) facilitate technical assistance for local and Tribal law enforcement agencies during
active missing and murdered Indigenous relatives cases;
new text end
new text begin
(8) conduct case reviews and report on the results of case reviews for the following types
of missing and murdered Indigenous relatives cases: cold cases for missing Indigenous
people and death investigation review for cases of Indigenous people ruled as suicide or
overdose under suspicious circumstances;
new text end
new text begin
(9) conduct case reviews of the prosecution and sentencing for cases where a perpetrator
committed a violent or exploitative crime against an Indigenous person. These case reviews
should identify those cases where the perpetrator is a repeat offender;
new text end
new text begin
(10) prepare draft legislation as necessary to allow the office access to the data required
for the office to conduct the reviews required in this section and advocate for passage of
that legislation;
new text end
new text begin
(11) review sentencing guidelines for missing and murdered Indigenous women-related
crimes, recommend changes if needed, and advocate for consistent implementation of the
guidelines across Minnesota courts;
new text end
new text begin
(12) develop and maintain communication with relevant divisions in the Department of
Public Safety regarding any cases involving missing and murdered Indigenous relatives and
on procedures for investigating cases involving missing and murdered Indigenous relatives;
and
new text end
new text begin
(13) coordinate, as relevant, with the Bureau of Indian Affairs' Cold Case Office through
Operation Lady Justice and other federal efforts, as well as efforts in neighboring states and
Canada. This recommendation pertains to state efforts. Tribes are sovereign nations that
have the right to determine if and how they will coordinate with these other efforts.
new text end
new text begin
In fulfilling its duties the office may
coordinate, as useful, with stakeholder groups that were represented on the Missing and
Murdered Indigenous Women Task Force and state agencies that are responsible for the
systems that play a role in investigating, prosecuting, and adjudicating cases involving
violence committed against Indigenous women, those who have a role in supporting or
advocating for missing or murdered Indigenous women and the people who seek justice for
them, and those who represent the interests of Indigenous people. This includes the following
entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau
of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law
enforcement; Minnesota County Attorneys Association; United States Attorney's Office;
juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States
Coast Guard; state agencies, including the Departments of Health, Human Services,
Education, Corrections, and Public Safety; the Minnesota Indian Affairs Council; service
providers who offer legal services, advocacy, and other services to Indigenous women and
girls; the Minnesota Indian Women's Sexual Assault Coalition; Mending the Sacred Hoop;
Indian health organizations; Indigenous women and girls who are survivors; the 11 Tribal
nations that share geography with Minnesota; and organizations and leadership from urban
and statewide American Indian communities.
new text end
new text begin
The office must report on measurable outcomes achieved to meet its
statutory duties, along with specific objectives and outcome measures proposed for the
following year. The report must include data and statistics on missing and murdered
indigenous women, children, and relatives in Minnesota, including names, dates of
disappearance, and dates of death, to the extent the data is publicly available. The office
must submit the report by January 15 each year to the chairs and ranking minority members
of the legislative committees with primary jurisdiction over public safety.
new text end
new text begin
The office may apply for and receive grants from public and private
entities for purposes of carrying out the office's duties under this section.
new text end
new text begin
Notwithstanding section 13.384 or 13.85, the director has access
to corrections and detention data and medical data maintained by an agency and classified
as private data on individuals or confidential data on individuals to the extent the data is
necessary for the office to perform its duties under this section.
new text end
Minnesota Statutes 2020, section 299C.80, subdivision 3, is amended to read:
new text begin(a) new text endThe unit shall investigate all criminal sexual conduct
casesnew text begin:
new text end
new text begin (1)new text end involving peace officers, including criminal sexual conduct cases involving chief
law enforcement officersnew text begin; and
new text end
new text begin (2) where a member of the Minnesota National Guard is the victim, the accused is a
member of the Minnesota National Guard, and the incident occurred in Minnesotanew text end.
new text begin
(b) The unit shall assist the agency investigating an alleged sexual assault of a member
of the Minnesota National Guard by another member of the Minnesota National Guard that
occurred in a jurisdiction outside of the state, if the investigating agency requests assistance
from the unit.
new text end
new text begin (c)new text end The unit may also investigate conflict of interest cases involving peace officers.
new text begin
This section is effective August 1, 2021, for investigations
beginning on or after that date.
new text end
new text begin
(a) The state fire marshal may issue building-specific waivers from the State Fire Code
if there is conflict with a federally recognized Tribe's religious beliefs, traditional building
practices, or established teachings. Both individual members of federally recognized Tribes,
direct lineal descendents of federally recognized Tribes, and organizations of members of
federally recognized Tribes may apply for these waivers.
new text end
new text begin
(b) Waivers may only be granted for the following types of buildings:
new text end
new text begin
(1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
new text end
new text begin
(2) meeting houses; and
new text end
new text begin
(3) one-room educational buildings.
new text end
new text begin
(c) To obtain a waiver, an applicant must apply to the state fire marshal on a form
established by the state fire marshal. The application must:
new text end
new text begin
(1) identify the building the waiver will apply to;
new text end
new text begin
(2) identify the Tribe the applicant is a member of; and
new text end
new text begin
(3) declare that requirements of the State Fire Code conflict with religious beliefs,
traditional building practices, or established teachings of the identified Tribe, which the
applicant adheres to.
new text end
new text begin
(d) Any building for which a waiver is granted may not be sold or leased until:
new text end
new text begin
(1) the building is brought into compliance with the version of the State Fire Code in
force at the time of the sale or lease; or
new text end
new text begin
(2) the prospective buyer or lessee to which the building is being sold or leased to obtains
a waiver under this section for the building.
new text end
new text begin
(a) As used in this section, "petroleum refinery" has the meaning given in section
115C.02, subdivision 10a.
new text end
new text begin
(b) By January 1, 2022, each petroleum refinery operating in the state shall maintain or
contract for a full-time paid on-site fire department regularly charged with the responsibility
of providing fire protection to the refinery that is sufficiently trained, equipped, and staffed
to respond to fires at the refinery and to conduct inspections to prevent fires.
new text end
new text begin
(a) The commissioner of labor and industry may issue building-specific waivers from
the State Building Code if there is conflict with a federally recognized Tribe's religious
beliefs, traditional building practices, or established teachings. Both individual members
of federally recognized Tribes, direct lineal descendents of federally recognized Tribes, and
organizations of members of federally recognized Tribes may apply for these waivers.
new text end
new text begin
(b) Waivers may only be granted for the following types of buildings:
new text end
new text begin
(1) traditional residential buildings that will be used solely by an individual applicant's
household or an organizational applicant's members;
new text end
new text begin
(2) meeting houses; and
new text end
new text begin
(3) one-room educational buildings.
new text end
new text begin
(c) To obtain a waiver, an applicant must apply to the commissioner on a form established
by the commissioner. The application must:
new text end
new text begin
(1) identify the building the waiver will apply to;
new text end
new text begin
(2) identify the Tribe the applicant is a member of; and
new text end
new text begin
(3) declare that requirements of the State Building Code conflict with religious beliefs,
traditional building practices, or established teachings of the identified Tribe, which the
applicant adheres to.
new text end
new text begin
(d) Any building for which a waiver is granted may not be sold or leased until:
new text end
new text begin
(1) the building is brought into compliance with the version of the State Building Code
in force at the time of the sale or lease; or
new text end
new text begin
(2) the prospective buyer or lessee to which the building is being sold or leased to obtains
a waiver under this section for the building.
new text end
Minnesota Statutes 2020, section 340A.504, subdivision 7, is amended to read:
(a) No licensee may sell intoxicating liquor
or 3.2 percent malt liquor on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner. Application for the permit must be
on a form the commissioner prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the permit is based on the licensee's
gross receipts from on-sales of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the following rates:
(1) up to $100,000 in gross receipts, $300;
(2) over $100,000 but not over $500,000 in gross receipts, $750; and
(3) over $500,000 in gross receipts, $1,000.
For a licensed retailer of intoxicating liquor who did not sell intoxicating liquor at on-sale
for a full 12 months prior to the month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all permit fees received under this subdivision in
the alcohol enforcement account in the deleted text beginspecial revenuedeleted text endnew text begin generalnew text end fund.
(c) Notwithstanding any law to the contrary, the commissioner of revenue may furnish
to the commissioner the information necessary to administer and enforce this subdivision.
Minnesota Statutes 2020, section 403.02, subdivision 16, is amended to read:
"Metropolitan area" means the counties of Anoka, Carver,
new text begin Chisago, new text endDakota, Hennepin, new text beginIsanti, new text endRamsey, Scott, new text beginSherburne, new text endand Washington.
Minnesota Statutes 2020, section 403.03, subdivision 1, is amended to read:
new text begin(a) new text endServices available through a 911
system must include police, firefighting, and emergency medical and ambulance services.
Other emergency and civil defense services may be incorporated into the 911 system at the
discretion of the public agency operating the public safety answering point.
new text begin (b) In addition to ensuring an appropriate response under paragraph (a), new text endthe 911 system
deleted text begin maydeleted text endnew text begin shallnew text end include a referral to mental health crisis teams, where available.
Minnesota Statutes 2020, section 403.07, subdivision 2, is amended to read:
The Metropolitan deleted text begin911deleted text endnew text begin Emergency
Servicesnew text end Board shall establish and adopt design standards for the metropolitan area 911
system and transmit them to the commissioner for incorporation into the rules adopted
pursuant to this section.
Minnesota Statutes 2020, section 403.11, subdivision 1, is amended to read:
(a) Each customer
of a wireless or wire-line switched or packet-based telecommunications service provider
connected to the public switched telephone network that furnishes service capable of
originating a 911 emergency telephone call is assessed a fee based upon the number of
wired or wireless telephone lines, or their equivalent, to cover the costs of ongoing
maintenance and related improvements for trunking and central office switching equipment
for 911 emergency telecommunications service, to offset administrative and staffing costs
of the commissioner related to managing the 911 emergency telecommunications service
program, to make distributions provided for in section 403.113, and to offset the costs,
including administrative and staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made from wireless phones.
(b) Money remaining in the 911 emergency telecommunications service account after
all other obligations are paid must not cancel and is carried forward to subsequent years
and may be appropriated from time to time to the commissioner to provide financial
assistance to counties for the improvement of local emergency telecommunications services.
(c) The fee may not be deleted text beginless than eight cents nor more than 65 cents a month until June
30, 2008, not less than eight cents nor more than 75 cents a month until June 30, 2009, not
less than eight cents nor more than 85 cents a month until June 30, 2010, and not less than
eight cents nordeleted text end more than 95 cents a month on or after July 1, 2010, for each customer access
line or other basic access service, including trunk equivalents as designated by the Public
Utilities Commission for access charge purposes and including wireless telecommunications
services. With the approval of the commissioner of management and budget, the
commissioner of public safety shall establish the amount of the fee within the limits specified
and inform the companies and carriers of the amount to be collected. When the revenue
bonds authorized under section 403.27, subdivision 1, have been fully paid or defeased, the
commissioner shall reduce the fee to reflect that debt service on the bonds is no longer
needed. The commissioner shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all customers, except that the fee
imposed under this subdivision does not apply to prepaid wireless telecommunications
service, which is instead subject to the fee imposed under section 403.161, subdivision 1,
paragraph (a).
(d) The fee must be collected by each wireless or wire-line telecommunications service
provider subject to the fee. Fees are payable to and must be submitted to the commissioner
monthly before the 25th of each month following the month of collection, except that fees
may be submitted quarterly if less than $250 a month is due, or annually if less than $25 a
month is due. Receipts must be deposited in the state treasury and credited to a 911
emergency telecommunications service account in the special revenue fund. The money in
the account may only be used for 911 telecommunications services.
(e) Competitive local exchanges carriers holding certificates of authority from the Public
Utilities Commission are eligible to receive payment for recurring 911 services.
Minnesota Statutes 2020, section 403.21, subdivision 3, is amended to read:
"First phase" or "first phase of the regionwide public safety radio
communication system" means the initial backbone which serves the following deleted text beginnine-countydeleted text endnew text begin
ten-countynew text end metropolitan area: Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey,
Scott, new text beginSherburne, new text endand Washington Counties.
Minnesota Statutes 2020, section 403.21, subdivision 12, is amended to read:
"Greater Minnesota" means the area of the state outside
the deleted text beginnine-countydeleted text endnew text begin ten-countynew text end metropolitan area served by the first phase.
Minnesota Statutes 2020, section 403.36, subdivision 1, is amended to read:
(a) The commissioner of public safety shall convene and
chair the Statewide Radio Board to develop a project plan for a statewide, shared, trunked
public safety radio communication system. The system may be referred to as "Allied Radio
Matrix for Emergency Response," or "ARMER."
(b) The board consists of the following members or their designees:
(1) the commissioner of public safety;
(2) the commissioner of transportation;
(3) the state chief information officer;
(4) the commissioner of natural resources;
(5) the chief of the Minnesota State Patrol;
(6) the chair of the Metropolitan Council;
(7) two elected city officials, one from the deleted text beginnine-countydeleted text endnew text begin ten-countynew text end metropolitan area
and one from Greater Minnesota, appointed by the governing body of the League of
Minnesota Cities;
(8) two elected county officials, one from the deleted text beginnine-countydeleted text endnew text begin ten-countynew text end metropolitan area
and one from Greater Minnesota, appointed by the governing body of the Association of
Minnesota Counties;
(9) two sheriffs, one from the deleted text beginnine-countydeleted text endnew text begin ten-countynew text end metropolitan area and one from
Greater Minnesota, appointed by the governing body of the Minnesota Sheriffs' Association;
(10) two chiefs of police, one from the deleted text beginnine-countydeleted text endnew text begin ten-countynew text end metropolitan area and
one from Greater Minnesota, appointed by the governor after considering recommendations
made by the Minnesota Chiefs' of Police Association;
(11) two fire chiefs, one from the deleted text beginnine-countydeleted text endnew text begin ten-countynew text end metropolitan area and one
from Greater Minnesota, appointed by the governor after considering recommendations
made by the Minnesota Fire Chiefs' Association;
(12) two representatives of emergency medical service providers, one from the
deleted text begin nine-countydeleted text endnew text begin ten-countynew text end metropolitan area and one from Greater Minnesota, appointed by
the governor after considering recommendations made by the Minnesota Ambulance
Association;
(13) the chair of the deleted text beginregional radio board for the metropolitan areadeleted text endnew text begin Metropolitan
Emergency Services Boardnew text end; and
(14) a representative of Greater Minnesota elected by those units of government in phase
three and any subsequent phase of development as defined in the statewide, shared radio
and communication plan, who have submitted a plan to the Statewide Radio Board and
where development has been initiated.
(c) The Statewide Radio Board shall coordinate the appointment of board members
representing Greater Minnesota with the appointing authorities and may designate the
geographic region or regions from which an appointed board member is selected where
necessary to provide representation from throughout the state.
new text begin
(a) A person
acting in good faith who contacts a 911 operator or first responder to report that a sexual
assault victim is in need of assistance may not be charged or prosecuted for:
new text end
new text begin
(1) the possession, sharing, or use of a controlled substance under section 152.025, or
possession of drug paraphernalia; and
new text end
new text begin
(2) if the person is under the age of 21 years, the possession, purchase, or consumption
of alcoholic beverages under section 340A.503.
new text end
new text begin
(b) A person qualifies for the immunities provided in this subdivision only if:
new text end
new text begin
(1) the evidence for the charge or prosecution was obtained as a result of the person's
seeking assistance for a sexual assault victim; and
new text end
new text begin
(2) the person seeks assistance for a sexual assault victim who is in need of assistance
for an immediate health or safety concern, provided that the person who seeks the assistance
is the first person to seek the assistance, provides a name and contact information, and
remains on the scene until assistance arrives or is provided.
new text end
new text begin
(c) This subdivision applies to one or two persons acting in concert with the person
initiating contact provided all the requirements of paragraphs (a) and (b) are met.
new text end
new text begin
(a) A
sexual assault victim who is in need of assistance may not be charged or prosecuted for:
new text end
new text begin
(1) the possession, sharing, or use of a controlled substance under section 152.025, or
possession of drug paraphernalia; and
new text end
new text begin
(2) if the victim is under the age of 21 years, the possession, purchase, or consumption
of alcoholic beverages under section 340A.503.
new text end
new text begin
(b) A victim qualifies for the immunities provided in this subdivision only if the evidence
for the charge or prosecution was obtained as a result of the request for assistance related
to the sexual assault.
new text end
new text begin
A person's pretrial release, probation,
furlough, supervised release, or parole shall not be revoked based on an incident for which
the person would be immune from prosecution under subdivision 1 or 2.
new text end
new text begin
(a) The act of providing assistance to
a sexual assault victim may be used as a mitigating factor in a criminal prosecution for
which immunity is not provided.
new text end
new text begin
(b) Nothing in this section shall:
new text end
new text begin
(1) be construed to bar the admissibility of any evidence obtained in connection with
the investigation and prosecution of other crimes or violations committed by a person who
otherwise qualifies for limited immunity under this section;
new text end
new text begin
(2) preclude prosecution of a person on the basis of evidence obtained from an
independent source;
new text end
new text begin
(3) be construed to limit, modify, or remove any immunity from liability currently
available to public entities, public employees by law, or prosecutors; or
new text end
new text begin
(4) prevent probation officers from conducting drug or alcohol testing of persons on
pretrial release, probation, furlough, supervised release, or parole.
new text end
new text begin
This section is effective August 1, 2021, and applies to actions
arising from incidents occurring on or after that date.
new text end
Minnesota Statutes 2020, section 609.1095, subdivision 1, is amended to read:
(a) As used in this section, the following terms have the
meanings given.
(b) "Conviction" means any of the following accepted and recorded by the court: a plea
of guilty, a verdict of guilty by a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred before the offender committed
the next felony resulting in a conviction and before the offense for which the offender is
being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or conspiracy to violate any of
the following laws of this state or any similar laws of the United States or any other state:
sections 152.137; 609.165; 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113;
609.2114; 609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 609.25; 609.255;
609.2661; 609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268; new text begin609.322new text endnew text begin;
new text end 609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,
subdivision 1; 609.66, subdivision 1e; 609.687; and 609.855, subdivision 5; any provision
of sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is punishable by a felony
penalty; or any provision of chapter 152 that is punishable by a maximum sentence of 15
years or more; or Minnesota Statutes 2012, section 609.21.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.131, subdivision 2, is amended to read:
Subdivision 1 does not apply to a misdemeanor
violation of section 169A.20; 171.09, subdivision 1, paragraph (g); 171.306, subdivision
6; 609.224; 609.2242; 609.226; deleted text begin609.324, subdivision 3;deleted text end 609.52; or 617.23, or an ordinance
that conforms in substantial part to any of those sections. A violation described in this
subdivision must be treated as a misdemeanor unless the defendant consents to the
certification of the violation as a petty misdemeanor.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.221, is amended to read:
Whoever assaults another and inflicts great bodily
harm may be sentenced to imprisonment for not more than 20 years or to payment of a fine
of not more than $30,000, or both.
deleted text begin(a)deleted text end Whoever assaults a peace officer, prosecuting attorney, judge,
or correctional employee by using or attempting to use deadly force against the officer,
attorney, judge, or employee while the person is engaged in the performance of a duty
imposed by law, policy, or rule may be sentenced to imprisonment for not more than 20
years or to payment of a fine of not more than $30,000, or both.
deleted text begin
(b) A person convicted of assaulting a peace officer, prosecuting attorney, judge, or
correctional employee as described in paragraph (a) shall be committed to the commissioner
of corrections for not less than ten years, nor more than 20 years. A defendant convicted
and sentenced as required by this paragraph is not eligible for probation, parole, discharge,
work release, or supervised release, until that person has served the full term of imprisonment
as provided by law, notwithstanding the provisions of sections 241.26, 242.19, 243.05,
244.04, 609.12, and 609.135. Notwithstanding section 609.135, the court may not stay the
imposition or execution of this sentence.
deleted text end
new text begin
Whoever assaults a peace officer, prosecuting attorney, judge, or
correctional employee and inflicts great bodily harm on the officer, attorney, judge, or
employee while the person is engaged in the performance of a duty imposed by law, policy,
or rule may be sentenced to imprisonment for not more than 25 years or to payment of a
fine of not more than $35,000, or both.
new text end
new text begin
Whoever
assaults and inflicts great bodily harm upon a peace officer, prosecuting attorney, judge, or
correctional employee with a dangerous weapon or by using or attempting to use deadly
force against the officer, attorney, judge, or employee while the person is engaged in the
performance of a duty imposed by law, policy, or rule may be sentenced to imprisonment
for not more than 30 years or to payment of a fine of not more than $40,000, or both.
new text end
new text begin
(a) A person convicted of assaulting a peace
officer, prosecuting attorney, judge, or correctional employee shall be committed to the
custody of the commissioner of corrections for not less than:
new text end
new text begin
(1) ten years, nor more than 20 years, for a violation of subdivision 2;
new text end
new text begin
(2) 15 years, nor more than 25 years, for a violation of subdivision 3; or
new text end
new text begin
(3) 25 years, nor more than 30 years, for a violation of subdivision 4.
new text end
new text begin
(b) A defendant convicted and sentenced as required by this subdivision is not eligible
for probation, parole, discharge, work release, or supervised release, until that person has
served the full term of imprisonment as provided by law, notwithstanding the provisions of
sections 241.26, 242.19, 243.05, 244.04, 609.12, and 609.135. Notwithstanding section
609.135, the court may not stay the imposition or execution of this sentence.
new text end
deleted text begin(c)deleted text end As used in this deleted text beginsubdivisiondeleted text endnew text begin sectionnew text end:
(1) "correctional employee" means an employee of a public or private prison, jail, or
workhouse;
(2) "deadly force" has the meaning given in section 609.066, subdivision 1;
(3) "peace officer" has the meaning given in section 626.84, subdivision 1;
(4) "prosecuting attorney" means an attorney, with criminal prosecution or civil
responsibilities, who is the attorney general, a political subdivision's elected or appointed
county or city attorney, or a deputy, assistant, or special assistant of any of these; and
(5) "judge" means a judge or justice of any court of this state that is established by the
Minnesota Constitution.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.322, subdivision 1, is amended to read:
(a) Whoever, while acting other than as a prostitute or patron,
intentionally does any of the following may be sentenced to imprisonment for not more
than deleted text begin20deleted text endnew text begin 25new text end years or to payment of a fine of not more than $50,000, or both:
(1) solicits or induces an individual under the age of 18 years to practice prostitution;
(2) promotes the prostitution of an individual under the age of 18 years;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual under the age of 18 years;
or
(4) engages in the sex trafficking of an individual under the age of 18 years.
(b) Whoever violates paragraph (a) or subdivision 1a may be sentenced to imprisonment
for not more than deleted text begin25deleted text endnew text begin 30new text end years or to payment of a fine of not more than $60,000, or both, if
one or more of the following aggravating factors are present:
(1) the offender has committed a prior qualified human trafficking-related offense;
(2) the offense involved a sex trafficking victim who suffered bodily harm during the
commission of the offense;
(3) the time period that a sex trafficking victim was held in debt bondage or forced labor
or services exceeded 180 days; or
(4) the offense involved more than one sex trafficking victim.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.322, subdivision 1a, is amended to read:
Whoever, while acting other than as a prostitute or patron, intentionally
does any of the following may be sentenced to imprisonment for not more than deleted text begin15deleted text endnew text begin 20new text end years
or to payment of a fine of not more than $40,000, or both:
(1) solicits or induces an individual to practice prostitution;
(2) promotes the prostitution of an individual;
(3) receives profit, knowing or having reason to know that it is derived from the
prostitution, or the promotion of the prostitution, of an individual; or
(4) engages in the sex trafficking of an individual.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.324, subdivision 2, is amended to read:
new text begin(a) new text endWhoever,
while acting as a patron, intentionally does any of the following deleted text beginwhile in a public placedeleted text end is
guilty of a gross misdemeanor:
(1) engages in prostitution with an individual 18 years of age or older; or
(2) hires, offers to hire, or agrees to hire an individual 18 years of age or older to engage
in sexual penetration or sexual contact.
Except as otherwise provided in subdivision 4, a person who is convicted of violating this
subdivision must, at a minimum, be sentenced to pay a fine of at least $1,500.
new text begin
(b) Whoever violates the provisions of this subdivision within ten years of a previous
conviction for violating this section or section 609.322 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both.
new text end
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.324, subdivision 4, is amended to read:
The court may order a person
convicted of violating subdivision 2 deleted text beginor 3deleted text end to perform community work service in lieu of all
or a portion of the minimum fine required under those subdivisions if the court makes
specific, written findings that the convicted person is indigent or that payment of the fine
would create undue hardship for the convicted person or that person's immediate family.
Community work service ordered under this subdivision is in addition to any mandatory
community work service ordered under subdivision 3.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.3241, is amended to read:
(a) When a court sentences an adult convicted of violating section 609.27, 609.282,
609.283, 609.322, 609.324, 609.33, 609.352, 617.246, 617.247, or 617.293, while acting
other than as a prostitute, the court shall impose an assessment of not less than $500 and
not more than $750 for a misdemeanor violation of section 609.27, a violation of section
609.324, subdivision 2, deleted text begina misdemeanor violation of section 609.324, subdivision 3,deleted text end a violation
of section 609.33, or a violation of section 617.293; otherwise the court shall impose an
assessment of not less than $750 and not more than $1,000. The assessment shall be
distributed as provided in paragraph (c) and is in addition to the surcharge required by
section 357.021, subdivision 6.
(b) The court may not waive payment of the minimum assessment required by this
section. If the defendant qualifies for the services of a public defender or the court finds on
the record that the convicted person is indigent or that immediate payment of the assessment
would create undue hardship for the convicted person or that person's immediate family,
the court may reduce the amount of the minimum assessment to not less than $100. The
court also may authorize payment of the assessment in installments.
(c) The assessment collected under paragraph (a) must be distributed as follows:
(1) 40 percent of the assessment shall be forwarded to the political subdivision that
employs the arresting officer for use in enforcement, training, and education activities related
to combating sexual exploitation of youth, or if the arresting officer is an employee of the
state, this portion shall be forwarded to the commissioner of public safety for those purposes
identified in clause (3);
(2) 20 percent of the assessment shall be forwarded to the prosecuting agency that handled
the case for use in training and education activities relating to combating sexual exploitation
activities of youth; and
(3) 40 percent of the assessment must be forwarded to the commissioner of health to be
deposited in the safe harbor for youth account in the special revenue fund and are
appropriated to the commissioner for distribution to crime victims services organizations
that provide services to sexually exploited youth, as defined in section 260C.007, subdivision
31.
(d) A safe harbor for youth account is established as a special account in the state treasury.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.3459, is amended to read:
(a) A victim of any violation of sections 609.342 to 609.3453 may initiate a law
enforcement investigation by contacting any law enforcement agency, regardless of where
the crime may have occurred. The agency must prepare a summary of the allegation and
provide the person with a copy of it. The agency must begin an investigation of the facts,
or, if the suspected crime was committed in a different jurisdiction, refer the matter along
with the summary to the law enforcement agency where the suspected crime was committed
for an investigation of the facts.new text begin If the agency learns that both the victim and the accused
are members of the Minnesota National Guard, the agency receiving the report must refer
the matter along with the summary to the Bureau of Criminal Apprehension for investigation
pursuant to section 299C.80.
new text end
(b) If a law enforcement agency refers the matter to the law enforcement agency where
the crime was committed, it need not include the allegation as a crime committed in its
jurisdiction for purposes of information that the agency is required to provide to the
commissioner of public safety pursuant to section 299C.06, but must confirm that the other
law enforcement agency has received the referral.
new text begin
This section is effective August 1, 2021, for investigations
beginning on or after that date.
new text end
Minnesota Statutes 2020, section 609.352, subdivision 4, is amended to read:
A person convicted under subdivision 2 or 2a is guilty of a felony and
may be sentenced to imprisonment for not more than deleted text beginthreedeleted text endnew text begin fivenew text end years, or to payment of a
fine of not more than deleted text begin$5,000deleted text endnew text begin $10,000new text end, or both.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
new text begin
As used in this section, "torture" means the intentional
infliction of extreme mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
new text end
new text begin
A person who tortures a child is guilty of a felony and may be sentenced
to imprisonment for not more than 25 years or to payment of a fine of not more than $35,000,
or both.
new text end
new text begin
(a) Expert testimony as to the existence or extent of mental
anguish or psychological abuse is not a requirement for a conviction under this section.
new text end
new text begin
(b) A child's special susceptibility to mental anguish or psychological abuse does not
constitute an independent cause of the condition so that a defendant is exonerated from
criminal liability.
new text end
new text begin
(c) Proof that a victim suffered pain is not an element of a violation of this section.
new text end
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
new text begin
As used in this section:
new text end
new text begin
(1) "family or household member" has the meaning given in section 518B.01, subdivision
2;
new text end
new text begin
(2) "law enforcement official" means both peace officers as defined in section 626.84,
subdivision 1, and persons employed by a law enforcement agency; and
new text end
new text begin
(3) "personal information" means a home address, directions to a home, or photographs
of a home.
new text end
new text begin
(a) It is a misdemeanor for a person to knowingly and without
consent make publicly available, including but not limited to through the Internet, personal
information about a law enforcement official or an official's family or household member,
if:
new text end
new text begin
(1) the dissemination poses an imminent and serious threat to the official's safety or the
safety of an official's family or household member; and
new text end
new text begin
(2) the person making the information publicly available knows or reasonably should
know of the imminent and serious threat.
new text end
new text begin
(b) A person is guilty of a gross misdemeanor if the person violates paragraph (a) and
a law enforcement official or an official's family or household member suffers great bodily
harm or death as a result of the violation.
new text end
new text begin
(c) A person who is convicted of a second or subsequent violation of this section is guilty
of a gross misdemeanor.
new text end
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.605, subdivision 2, is amended to read:
Whoever trespasses upon the grounds of a facility
providing emergency shelter services for battered women, as defined under section 611A.31,
subdivision 3, new text beginor providing comparable services for sex trafficking victims, as defined under
section 609.321, subdivision 7b, new text endor of a facility providing transitional housing for battered
women and their childrennew text begin or sex trafficking victims and their childrennew text end, without claim of
right or consent of one who has right to give consent, and refuses to depart from the grounds
of the facility on demand of one who has right to give consent, is guilty of a gross
misdemeanor.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.66, subdivision 1e, is amended to read:
(a) deleted text beginWhoever,deleted text endnew text begin A person is guilty of a felony who,new text end
while in or having just exited from a motor vehicle, recklessly discharges a firearm at or
toward deleted text beginanotherdeleted text endnew text begin:
new text end
new text begin (1) an unoccupiednew text end motor vehicle or deleted text beginadeleted text end building deleted text beginis guilty of a felony and may be sentenced
to imprisonment for not more than three years or to payment of a fine of not more than
$6,000, or both.deleted text endnew text begin;
new text end
new text begin
(2) an occupied motor vehicle or building; or
new text end
new text begin
(3) a person.
new text end
(b) deleted text beginAny person who violates this subdivision by firing at or toward a person, or an
occupied building or motor vehicle, may be sentenceddeleted text endnew text begin A person convicted under paragraph
(a), clause (1), may be sentenced to imprisonment for not more than three years or to payment
of a fine of not more than $6,000, or both. A person convicted under paragraph (a), clause
(2) or (3), may be sentencednew text end to imprisonment for not more than ten years or to payment of
a fine of not more than $20,000, or both.
(c) For purposes of this subdivision, "motor vehicle" has the meaning given in section
609.52, subdivision 1, and "building" has the meaning given in section 609.581, subdivision
2.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Laws 2016, chapter 189, article 4, section 7, is amended to read:
Sec. 7. PUBLIC SAFETY
|
$ |
-0- |
$ |
6,100,000 |
Appropriations by Fund |
||
General |
-0- |
1,600,000 |
Trunk Highway |
-0- |
4,500,000 |
The amounts that may be spent for each
purpose are specified in the following
paragraphs.
(a) DNA Laboratory
$630,000 is for the Bureau of Criminal
Apprehension DNA laboratory, including the
addition of six forensic scientists. The base
for this activity is $1,000,000 in each of the
fiscal years 2018 and 2019 for eight forensic
scientists.
(b) Children In Need of Services or in
Out-Of-Home Placement
$150,000 is for a grant to an organization that
provides legal representation to children in
need of protection or services and children in
out-of-home placement. The grant is
contingent upon a match in an equal amount
from nonstate funds. The match may be in
kind, including the value of volunteer attorney
time, or in cash, or in a combination of the
two.
(c) Sex Trafficking
$820,000 is for grants to state and local units
of government for the following purposes:
(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and
(2) to provide technical assistance for sex
trafficking crimes, including deleted text begintraining anddeleted text end case
consultation, to law enforcement agencies
statewide.
(d) State Patrol
$4,500,000 is from the trunk highway fund to
recruit, hire, train, and equip a State Patrol
Academy. This amount is added to the
appropriation in Laws 2015, chapter 75, article
1, section 5, subdivision 3. The base
appropriation from the trunk highway fund
for patrolling highways in each of fiscal years
2018 and 2019 is $87,492,000, which includes
$4,500,000 each year for a State Patrol
Academy.
Laws 2017, chapter 95, article 1, section 11, subdivision 7, is amended to read:
Subd. 7.Office of Justice Programs
|
39,580,000 |
40,036,000 |
Appropriations by Fund |
||
General |
39,484,000 |
39,940,000 |
State Government Special Revenue |
96,000 |
96,000 |
(a) OJP Administration Costs |
Up to 2.5 percent of the grant funds
appropriated in this subdivision may be used
by the commissioner to administer the grant
program.
(b) Combating Terrorism Recruitment |
$250,000 each year is for grants to local law
enforcement agencies to develop strategies
and make efforts to combat the recruitment of
Minnesota residents by terrorist organizations
such as ISIS and al-Shabaab. This is a onetime
appropriation.
(c) Sex Trafficking Prevention Grants |
$180,000 each year is for grants to state and
local units of government for the following
purposes:
(1) to support new or existing
multijurisdictional entities to investigate sex
trafficking crimes; and
(2) to provide technical assistance, including
deleted text begin training anddeleted text end case consultation, to law
enforcement agencies statewide.
(d) Pathway to Policing Reimbursement Grants |
$400,000 the second year is for reimbursement
grants to local units of government that operate
pathway to policing programs intended to
bring persons with nontraditional backgrounds
into law enforcement. Applicants for
reimbursement grants may receive up to 50
percent of the cost of compensating and
training pathway to policing participants.
Reimbursement grants shall be proportionally
allocated based on the number of grant
applications approved by the commissioner.
Laws 2020, Seventh Special Session chapter 2, article 2, section 4, is amended
to read:
deleted text begin (a)deleted text end By July 15, 2021, the commissioner of public safety must certify to the commissioner
of management and budget the amount of permit fees waived under section 3, clause (2),
during the period from January 1, 2021, to June 30, 2021, and the commissioner of
management and budget must transfer the certified amount from the general fund to the
alcohol enforcement account in the special revenue fund established under Minnesota
Statutes, section 299A.706.
deleted text begin
(b) By January 15, 2022, the commissioner of public safety must certify to the
commissioner of management and budget the amount of permit fees waived under section
3, clause (2), during the period from July 1, 2021, to December 31, 2021, and the
commissioner of management and budget must transfer the certified amount from the general
fund to the alcohol enforcement account in the special revenue fund established under
Minnesota Statutes, section 299A.706.
deleted text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
(a) The state court administrator shall conduct a feasibility study on requiring courts to
order that individuals convicted of felony-level criminal offenses undergo a
neuropsychological examination to determine whether, due to a stroke, traumatic brain
injury, or fetal alcohol spectrum disorder, the individual had a mental impairment that caused
the individual to lack substantial capacity for judgment when the offense was committed.
new text end
new text begin
(b) In conducting the study, the administrator shall consult with interested parties,
including but not limited to prosecutors, public defenders, private criminal defense attorneys,
law enforcement officials, probation officers, judges and employees of the judiciary,
corrections officials, mental health practitioners and treatment providers, individuals with
experience in conducting neuropsychological examinations, and individuals who have
experience in the criminal justice system with people who have suffered strokes, traumatic
brain injuries, and fetal alcohol spectrum disorder.
new text end
new text begin
(c) The study must make recommendations on whether the law should be changed to
require these examinations and, if so, the situations and conditions under which the
examinations should be required, including but not limited to:
new text end
new text begin
(1) the types of offenses the requirement should apply to;
new text end
new text begin
(2) how best to screen individuals to determine whether an examination should be
required;
new text end
new text begin
(3) situations in which an examination would not be required, potentially including
where a recent examination had been conducted;
new text end
new text begin
(4) the costs involved with requiring examinations and how best to pay for these costs;
and
new text end
new text begin
(5) the effect examination results should have on future proceedings involving the
individual, including sentencing and providing treatment.
new text end
new text begin
(d) By February 15, 2022, the state court administrator shall report to the chairs and
ranking minority members of the legislative committees with jurisdiction over criminal
justice policy and funding on the results of the study.
new text end
new text begin
(a) The commissioner of public safety shall convene a 911
telecommunicator working group that consists of the commissioner, or a designee, and one
representative of each of the following organizations:
new text end
new text begin
(1) the Minnesota Chiefs of Police Association;
new text end
new text begin
(2) the Minnesota Sheriffs' Association;
new text end
new text begin
(3) the Minnesota Police and Peace Officers Association;
new text end
new text begin
(4) the Emergency Communications Network;
new text end
new text begin
(5) the Minnesota State Fire Chiefs Association;
new text end
new text begin
(6) the Association of Minnesota Counties;
new text end
new text begin
(7) the League of Minnesota Cities;
new text end
new text begin
(8) Tribal dispatchers;
new text end
new text begin
(9) the Metropolitan Emergency Services Board;
new text end
new text begin
(10) the Emergency Medical Services Regulatory Board;
new text end
new text begin
(11) the Statewide Emergency Communications Board;
new text end
new text begin
(12) each of the Statewide Emergency Communications Board's seven regional boards;
new text end
new text begin
(13) mental health crisis team providers;
new text end
new text begin
(14) the Minnesota Association of Public Safety Communications Officials (MN APCO)
and the National Emergency Number Association of Minnesota (NENA of MN); and
new text end
new text begin
(15) the Minnesota Ambulance Association.
new text end
new text begin
(b) The working group must also include a nonsupervisory telecommunicator working
in a regional center outside of the seven-county metropolitan area, a nonsupervisory
telecommunicator working in rural Minnesota, and a nonsupervisory telecommunicator
working in the seven-county metropolitan area.
new text end
new text begin
(c) The organizations specified in paragraph (a) shall provide the commissioner with a
designated member to serve on the working group by August 1, 2021. The commissioner
shall appoint these members to the working group. Appointments to the working group
must be made by August 15, 2021.
new text end
new text begin
The working group must submit a report to the chairs and
ranking minority members of the legislative committees with jurisdiction over public safety
policy and finance by January 15, 2022. The report must:
new text end
new text begin
(1) recommend a statutory definition of 911 telecommunicators;
new text end
new text begin
(2) recommend minimum training and continuing education standards for certification
of 911 telecommunicators;
new text end
new text begin
(3) recommend standards for certification of 911 telecommunicators;
new text end
new text begin
(4) recommend funding options for mandated 911 telecommunicators training;
new text end
new text begin
(5) recommend best practices in incident response command structure for the state's first
responders to implement that do not violate either the United States or Minnesota
Constitutions, after reviewing the various incident response command structures used in
the field across the nation and world; and
new text end
new text begin
(6) provide other recommendations the working group deems appropriate.
new text end
new text begin
The commissioner of public safety must convene the
first meeting of the working group by September 15, 2021. At the first meeting, the members
must elect a chair. The working group may conduct meetings remotely. The chair shall be
responsible for document management of materials for the working group.
new text end
new text begin
Members serve without compensation.
new text end
new text begin
The commissioner of public safety must provide
administrative support to the working group.
new text end
new text begin
The working group expires January 15, 2022.
new text end
new text begin
This section is effective the day following final enactment.
new text end
new text begin
The Office of Justice Programs shall
award grants to organizations serving victims of crime to (1) provide direct financial
assistance to victims in order to support their immediate financial needs and mitigate the
impacts of crime, and (2) stop the cycles of violence by meeting emerging or unmet needs
impacting victims of crime.
new text end
new text begin
(a) For grants to organizations to provide direct financial
assistance, the director shall establish the eligibility requirements and mechanisms for
distribution of funds in consultation with Violence Free Minnesota, the Minnesota Coalition
Against Sexual Assault, Minnesota Alliance on Crime, the Minnesota Indian Women Sexual
Assault Coalition, and Sacred Hoop Coalition. Eligibility requirements shall prioritize victim
survivors based on economic need; whether the victim survivor is a member of an
underserved population; whether the person was a victim of sexual assault, domestic violence,
child abuse, or other violent crime; and whether the victim was a juvenile.
new text end
new text begin
(b) For grants to stop the cycles of violence by meeting emerging or unmet needs
impacting victims of crime, the director shall award grants to individuals or organizations
who provide direct support to victims, including but not limited to providing support for
immediate and emerging needs for victims of crime or for domestic abuse transformative
justice programs. The director shall prioritize applicants seeking to establish, maintain, or
expand services to underserved populations.
new text end
new text begin
(c) Of the amount appropriated for survivor support and prevention grants, at least 30
percent must be awarded to organizations to provide direct financial assistance pursuant to
paragraph (a) and at least 30 percent must be awarded to individuals or organizations
providing support to victims pursuant to paragraph (b).
new text end
new text begin
(a) By January 15 of each odd-numbered year the director shall submit
a report to the legislative committees with jurisdiction over public safety on the survivor
support and prevention grants. At a minimum, the report shall include the following:
new text end
new text begin
(1) the number of grants awarded to organizations to provide direct financial assistance
to victims and the total amount awarded to each organization;
new text end
new text begin
(2) the average amount of direct financial assistance provided to individual victims by
each organization;
new text end
new text begin
(3) summary demographic information of recipients of direct financial assistance,
including the age, sex, and race of the recipients;
new text end
new text begin
(4) summary information identifying the crimes committed against the recipients of
direct financial assistance;
new text end
new text begin
(5) summary information identifying the counties in which recipients of direct financial
assistance resided at the time they received the assistance;
new text end
new text begin
(6) the total number of grants issued to individuals or organizations providing support
for crime victims;
new text end
new text begin
(7) the amount of grants issued to individuals or organizations providing support for
crime victims; and
new text end
new text begin
(8) the services provided by the grant recipients that provided support for crime victims.
new text end
new text begin
(b) If the director enters into an agreement with any other organization for the distribution
of funds, the director shall require that organization to provide the information identified
in paragraph (a).
new text end
new text begin
(a) As used in this section, the following terms have the
meanings given them.
new text end
new text begin
(b) "Civilian review board" means a board, commission, or other oversight body created
to provide civilian oversight of the conduct of peace officers and law enforcement agencies.
new text end
new text begin
(c) "Commissioner" means the commissioner of public safety.
new text end
new text begin
(d) "Local commission" has the meaning given in Minnesota Statutes, section 363A.03,
subdivision 23.
new text end
new text begin
(e) "Metropolitan area" has the meaning given in Minnesota Statutes, section 473.121,
subdivision 2.
new text end
new text begin
(f) "Targeted area" means one or more contiguous census tracts as reported in the most
recently completed decennial census published by the United States Bureau of the Census
that has a poverty rate of at least 20 percent and that experiences a disproportionately high
rate of violent crime.
new text end
new text begin
The commissioner shall work with community
members to develop a strategy to address violence within targeted areas and promote
community healing and recovery. Additionally, the commissioner shall:
new text end
new text begin
(1) provide technical assistance or navigation services to individuals seeking to apply
for grants issued by the office;
new text end
new text begin
(2) identify targeted areas;
new text end
new text begin
(3) organize and provide technical assistance to local grant advisory boards;
new text end
new text begin
(4) assist local grant advisory boards in soliciting applications for grants;
new text end
new text begin
(5) develop simplified grant application materials;
new text end
new text begin
(6) identify effective forms of community-led intervention to promote public safety;
new text end
new text begin
(7) encourage the use of restorative justice programs, including but not limited to
sentencing circles; and
new text end
new text begin
(8) administer grants.
new text end
new text begin
(a) Pursuant to the advice of
community grant advisory boards, the commissioner shall award grants to organizations in
targeted areas for the purposes identified in this subdivision. The commissioner may prioritize
targeted areas, determine which targeted areas are eligible for grants, and establish the total
amount of money available for grants in each targeted area. In prioritizing targeted areas,
the commissioner shall prioritize areas that have the highest rates of violent crime.
new text end
new text begin
(b) Recipients of youth, young adult, and family antiviolence outreach program grants
may work with other organizations, including but not limited to law enforcement, state and
local public agencies, interfaith organizations, nonprofit organizations, and African immigrant
and African American community organizations and stakeholders; may focus on African
immigrant and African American youth and young adults; and must:
new text end
new text begin
(1) identify behaviors indicating that an individual is vulnerable to committing or being
the victim of bullying or interfamily, community, or domestic abuse;
new text end
new text begin
(2) identify and assess factors and influences, including but not limited to family
dysfunction and cultural disengagement that make youth and young adults vulnerable to
recruitment by violent organizations;
new text end
new text begin
(3) develop strategies to reduce and eliminate abusive and bullying behaviors among
youth and adults;
new text end
new text begin
(4) develop and implement strategies to reduce and eliminate the factors and influences
that make youth and young adults vulnerable to recruitment by violent organizations;
new text end
new text begin
(5) develop strategies, programs, and services to educate parents and other family
members to recognize and address behaviors indicating that youth are being recruited by
violent organizations; and
new text end
new text begin
(6) in collaboration with public entities and other community and private organizations
that provide services to at-risk youth and families, develop strategies, programs, and services
to reduce and eliminate bullying, abusive behavior, and the vulnerability of youth to
recruitment by violent organizations, including but not limited to:
new text end
new text begin
(i) expressive and receptive communications programs, including music, art, theater,
dance, and play designed to teach and develop appropriate skills for interfaith family
communication;
new text end
new text begin
(ii) development of protective skills and positive coping skills to deal with bullying,
domestic abuse and interfaith family violence, and violent confrontations in the community;
new text end
new text begin
(iii) culturally appropriate individual and family counseling focusing on communication
and interpersonal relations with the family and, when appropriate, the African immigrant
and African American community;
new text end
new text begin
(iv) after-school and summer programs for youth and young adults that are structured
and include components offering physical recreation, sports, mentorship, education
enrichment, art, music, and social activities that are culturally appropriate;
new text end
new text begin
(v) individual and family-oriented financial planning and management skill building;
new text end
new text begin
(vi) culturally appropriate individual and family counseling focusing on education and
employment counseling; and
new text end
new text begin
(vii) information regarding and direct links to entities that provide employment skills
training, job search and placement, and employment support activities and services.
new text end
new text begin
(c) Recipients of grants to implement the Minnesota SafeStreets program must work
with other organizations and persons in the community to develop community-based
responses to violence that:
new text end
new text begin
(1) use and adapt critical incident response methods that have been identified as best
practices in the field, including violence prevention, situational de-escalation, mitigation
of trauma, and restorative justice;
new text end
new text begin
(2) provide targeted interventions to prevent the escalation of violence after the occurrence
of serious incidents, such as a shooting, murder, or other violent crime;
new text end
new text begin
(3) de-escalate violence with the use of community-based interventions designed to
prevent conflict from becoming violent;
new text end
new text begin
(4) provide an alternative to adjudication through a restorative justice model for persons
who commit lower level offenses;
new text end
new text begin
(5) develop working relationships with community providers to enable young people to
care for themselves and their families in healthy and empowered ways; and
new text end
new text begin
(6) culminate in a collective action plan that, at a minimum, includes the following:
new text end
new text begin
(i) increased educational opportunities;
new text end
new text begin
(ii) meaningful workforce opportunities;
new text end
new text begin
(iii) leadership-based entrepreneurial and social enterprise opportunities;
new text end
new text begin
(iv) expanded mental health and chemical health services; and
new text end
new text begin
(v) access to critically needed human and social services.
new text end
new text begin
(d) Recipients of grants to promote community healing must provide programs and direct
intervention to promote wellness and healing justice and may use funds for:
new text end
new text begin
(1) programmatic and community care support for wellness and healing justice
practitioners;
new text end
new text begin
(2) the establishment and expansion of community organizations that provide wellness
and healing justice services;
new text end
new text begin
(3) placing wellness and healing justice practitioners in organizations that provide direct
service to Black, Indigenous, and people of color communities in Minnesota;
new text end
new text begin
(4) providing healing circles;
new text end
new text begin
(5) establishing and expanding community coach certification programs to train
community healers and establish a long-term strategy to build the infrastructure for
community healers to be available during times of tragedy; or
new text end
new text begin
(6) restorative justice programs, including but not limited to sentencing circles.
new text end
new text begin
(e) Recipients of grants to establish or maintain co-responder teams must partner with
local units of government or Tribal governments to build on existing mobile mental health
crisis teams and identify gaps in order to do any of the following:
new text end
new text begin
(1) develop and establish independent crisis response teams to de-escalate volatile
situations;
new text end
new text begin
(2) respond to situations involving a mental health crisis;
new text end
new text begin
(3) promote community-based efforts designed to enhance community safety and
wellness; or
new text end
new text begin
(4) support community-based strategies to interrupt, intervene in, or respond to violence.
new text end
new text begin
(f) Recipients of grants to establish or maintain community-based mental health and
social service centers must provide direct services to community members in targeted areas.
new text end
new text begin
(a) Of the amount appropriated for grants issued
pursuant to subdivision 3, two-thirds shall be distributed in the metropolitan area and
one-third shall be distributed outside the metropolitan area.
new text end
new text begin
(b) No grant recipient shall receive more than $1,000,000 each year.
new text end
new text begin
(a) The commissioner shall
work with the chair or director of a local commission, civilian review board, or similar
organization to establish a community grant advisory board within a targeted area.
new text end
new text begin
(b) Community grant advisory boards shall review grant applications and direct the
commissioner to award grants to approved applicants pursuant to subdivision 6.
new text end
new text begin
(c) The chair or director of a local commission, civilian review board, or similar
organization shall serve as the chair of a community grant advisory board.
new text end
new text begin
(d) A community grant advisory board shall include the chair and at least four but not
more than six other members.
new text end
new text begin
(e) The membership of community grant advisory boards shall reflect the demographic
makeup of the targeted area and the members, other than the chair, must reside in the targeted
area over which a board has jurisdiction. A majority of the members of a board must provide
direct services to victims or others in the targeted area as a part of the person's employment
or regular volunteer work.
new text end
new text begin
(f) Community grant advisory board members may not accept gifts, donations, or any
other thing of value from applicants.
new text end
new text begin
(a) Community grant advisory
boards shall provide notice of available grants and application materials for organizations
or individuals to apply for grants.
new text end
new text begin
(b) Community grant advisory boards shall establish reasonable application deadlines
and review grant applications. Boards may interview applicants and invite presentations.
new text end
new text begin
(c) Community grant advisory boards shall make recommendations to the commissioner
regarding which applicants should receive funds and the amount of those funds. The
commissioner shall award the recommended grants unless the commissioner determines
that the award would violate any grant requirements or other law. The commissioner shall
not award grants without the recommendation of a community grant advisory board.
new text end
new text begin
(a) The Task Force on Missing and Murdered
African American Women is established to advise the commissioner of public safety and
report to the legislature on recommendations to reduce and end violence against African
American women and girls in Minnesota. The task force may also serve as a liaison between
the commissioner and agencies and nonprofit, nongovernmental organizations that provide
legal, social, or other community services to victims, victims' families, and victims'
communities.
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(b) The Task Force on Missing and Murdered African American Women must examine
and report on the following:
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(1) the systemic causes behind violence that African American women and girls
experience, including patterns and underlying factors that explain why disproportionately
high levels of violence occur against African American women and girls, including
underlying historical, social, economic, institutional, and cultural factors which may
contribute to the violence;
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(2) appropriate methods for tracking and collecting data on violence against African
American women and girls, including data on missing and murdered African American
women and girls;
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(3) policies and institutions such as policing, child welfare, coroner practices, and other
governmental practices that impact violence against African American women and girls
and the investigation and prosecution of crimes of gender violence against African American
people;
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(4) measures necessary to address and reduce violence against African American women
and girls; and
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(5) measures to help victims, victims' families, and victims' communities prevent and
heal from violence that occurs against African American women and girls.
new text end
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(c) At its discretion, the task force may examine other related issues consistent with this
section as necessary.
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new text begin
(a) To the extent practicable, the Task Force on Missing and
Murdered African American Women shall consist of the following individuals, or their
designees, who are knowledgeable in crime victims' rights or violence protection and, unless
otherwise specified, members shall be appointed by the commissioner of public safety:
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(1) two members of the senate, one appointed by the majority leader and one appointed
by the minority leader;
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(2) two members of the house of representatives, one appointed by the speaker of the
house and one appointed by the minority leader;
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(3) two representatives from among the following:
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(i) the Minnesota Chiefs of Police Association;
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(ii) the Minnesota Sheriffs' Association;
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(iii) the Bureau of Criminal Apprehension; or
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(iv) the Minnesota Police and Peace Officers Association;
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(4) one or more representatives from among the following:
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(i) the Minnesota County Attorneys Association;
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(ii) the United States Attorney's Office; or
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(iii) a judge or attorney working in juvenile court;
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(5) a county coroner or a representative from a statewide coroner's association or a
representative of the Department of Health; and
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(6) three or more representatives from among the following:
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(i) a statewide or local organization that provides legal services to African American
women and girls;
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(ii) a statewide or local organization that provides advocacy or counseling for African
American women and girls who have been victims of violence;
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new text begin
(iii) a statewide or local organization that provides services to African American women
and girls; or
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(iv) an African American woman who is a survivor of gender violence.
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(b) In making appointments under paragraph (a), the commissioner of public safety shall
consult with the Council for Minnesotans of African Heritage.
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(c) Appointments to the task force must be made by September 1, 2021.
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new text begin
(d) Members are eligible for compensation and expense reimbursement consistent with
Minnesota Statutes, section 15.059, subdivision 3.
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new text begin
(e) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies in commissioner-appointed positions shall be filled by the
commissioner consistent with the qualifications of the vacating member required by this
subdivision.
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(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
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(b) The commissioner of public safety shall convene the first meeting of the task force
no later than October 1, 2021, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
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(c) The task force shall meet at least quarterly, or upon the call of its chair, and may
hold meetings throughout the state. The task force shall meet sufficiently enough to
accomplish the tasks identified in this section. Meetings of the task force are subject to
Minnesota Statutes, chapter 13D.
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(d) To accomplish its duties, the task force shall seek out and enlist the cooperation and
assistance of nonprofit, nongovernmental organizations that provide legal, social, or other
community services to victims, victims' families, and victims' communities; community
and advocacy organizations working with the African American community; and academic
researchers and experts, specifically those specializing in violence against African American
women and girls, those representing diverse communities disproportionately affected by
violence against women and girls, or those focusing on issues related to gender violence
and violence against African American women and girls. Meetings of the task force may
include reports from, or information provided by, those individuals or groups.
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On or before December 15, 2022, the task force shall report to the
chairs and ranking minority members of the legislative committees with jurisdiction over
public safety, human services, and state government on the work of the task force. The
report must contain the task force's findings and recommendations and shall include
institutional policies and practices, or proposed institutional policies and practices, that are
effective in reducing gender violence and increasing the safety of African American women
and girls; recommendations for appropriate tracking and collecting of data on violence
against African American women and girls; and recommendations for legislative action to
reduce and end violence against African American women and girls and help victims and
communities heal from gender violence and violence against African American women and
girls.
new text end
new text begin
The task force expires upon submission of the report required
under subdivision 4.
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new text begin
State agencies may accept funds from the public safety escrow account. Funds accepted
by a state agency must be deposited in an account in the special revenue fund and are
appropriated to that agency for the purposes for which they are received.
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new text begin
This section is effective the day following final enactment and
applies to funds received by a state agency on or after June 28, 2018.
new text end
new text begin
The Sentencing Guidelines Commission is directed to increase the severity rankings on
the sex offender grid for a violation of Minnesota Statutes, section 617.247, subdivision 3,
paragraph (b), from severity level D to C, and subdivision 4, paragraph (b), from severity
level F to E, consistent with the recommendations contained in the minority report in the
commission's 2021 report to the legislature. The other modifications to the grid relating to
child pornography crimes proposed in the main report are adopted.
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new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
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new text begin
As used in this section, the following terms have the meanings
given:
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new text begin
(1) "aiding and abetting" means a person who is criminally liable for a crime committed
by another because that person intentionally aided, advised, hired, counseled, or conspired
with or otherwise procured the other to commit the crime; and
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new text begin
(2) "felony murder" means a violation of Minnesota Statutes, section 609.185, paragraph
(a), clause (2), (3), (5), (6), or (7); or 609.19, subdivision 2, clause (1).
new text end
new text begin
The task force on aiding and abetting felony murder is
established to collect and analyze data on the charging, convicting, and sentencing of people
for aiding and abetting felony murder; assess whether current laws and practices promote
public safety and equity in sentencing; and make recommendations to the legislature.
new text end
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(a) The task force consists of the following members:
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(1) the commissioner of corrections or a designee;
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new text begin
(2) the executive director of the Minnesota Sentencing Guidelines Commission or a
designee;
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(3) the state public defender or a designee;
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(4) the statewide coordinator of the Violent Crime Coordinating Council or a designee;
new text end
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(5) one defense attorney, appointed by the Minnesota Association of Criminal Defense
Lawyers;
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(6) two county attorneys, one from a county within the seven-county metropolitan area
and the other from outside the seven-county metropolitan area, appointed by the Minnesota
County Attorneys Association;
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(7) a peace officer familiar with homicide investigations, preferably felony murder,
appointed jointly by the Minnesota Sheriffs' Association, and the Minnesota Chiefs of Police
Association;
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(8) one member representing a victims' rights organization, appointed by the senate
majority leader;
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new text begin
(9) one member of a statewide civil rights organization, appointed by the speaker of the
house of representatives;
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(10) one impacted person who is directly related to a person who has been convicted of
felony murder, appointed by the governor; and
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(11) one person with expertise regarding the laws and practices of other states relating
to aiding and abetting felony murder, appointed by the governor.
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(b) Appointments must be made no later than July 30, 2021.
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(c) Members shall serve without compensation.
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(d) Members of the task force serve at the pleasure of the appointing authority or until
the task force expires. Vacancies shall be filled by the appointing authority consistent with
the qualifications of the vacating member required by this subdivision.
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(a) The task force shall elect a chair and vice-chair and
may elect other officers as necessary.
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new text begin
(b) The commissioner of corrections shall convene the first meeting of the task force no
later than August 1, 2021, and shall provide meeting space and administrative assistance
as necessary for the task force to conduct its work.
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(c) The task force shall meet at least monthly or upon the call of its chair. The task force
shall meet sufficiently enough to accomplish the tasks identified in this section. Meetings
of the task force are subject to Minnesota Statutes, chapter 13D.
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new text begin
(d) To compile and analyze data, the task force shall request the cooperation and
assistance of local law enforcement agencies, the Minnesota Sentencing Guidelines
Commission, the judicial branch, the Bureau of Criminal Apprehension, county attorneys,
and Tribal governments and may request the cooperation of academics and others with
experience and expertise in researching the impact of laws criminalizing aiding and abetting
felony murder.
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(a) The task force shall, at a minimum:
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new text begin
(1) collect and analyze data on charges, convictions, and sentences for aiding and abetting
felony murder;
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new text begin
(2) collect and analyze data on sentences for aiding and abetting felony murder in which
a person received a mitigated durational departure because the person played a minor or
passive role in the crime or participated under circumstances of coercion or duress;
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new text begin
(3) collect and analyze data on charges, convictions, and sentences for codefendants of
people sentenced for aiding and abetting felony murder;
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(4) review relevant state statutes and state and federal court decisions;
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(5) receive input from individuals who were convicted of aiding and abetting felony
murder;
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(6) receive input from family members of individuals who were victims of felony murder;
new text end
new text begin
(7) analyze the benefits and unintended consequences of Minnesota Statutes and practices
related to the charging, convicting, and sentencing of people for aiding and abetting felony
murder including but not limited to an analysis of whether current statutes and practice:
new text end
new text begin
(i) promote public safety; and
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(ii) properly punish people for their role in an offense; and
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(8) make recommendations for legislative action, if any, on laws affecting:
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new text begin
(i) the collection and reporting of data; and
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new text begin
(ii) the charging, convicting, and sentencing of people for aiding and abetting felony
murder.
new text end
new text begin
(b) At its discretion, the task force may examine, as necessary, other related issues
consistent with this section.
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new text begin
On or before January 15, 2022, the task force shall submit a report to
the chairs and ranking minority members of the house of representatives and senate
committees and divisions with jurisdiction over criminal sentencing on the findings and
recommendations of the task force.
new text end
new text begin
The task force expires the day after submitting its report under
subdivision 6.
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new text begin
The Sentencing Guidelines Commission shall comprehensively review and consider
modifying how the Sentencing Guidelines and the sex offender grid address the crimes
described in Minnesota Statutes, section 609.322.
new text end
new text begin
This section is effective August 1, 2021.
new text end
new text begin
Section 22 shall be known as "Travis's Law."
new text end
new text begin
Section 31 shall be known as "Officer Arik Matson's Law."
new text end
new text begin
Minnesota Statutes 2020, section 609.324, subdivision 3,
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new text begin
is repealed.
new text end
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
new text begin
The Legislative Commission on Data Practices and Personal
Data Privacy is created to study issues relating to government data practices and individuals'
personal data privacy rights and to review legislation impacting data practices, data security,
and personal data privacy. The commission is a continuation of the commission that was
established by Laws 2014, chapter 193, as amended, and which expired June 30, 2019.
new text end
new text begin
The commission consists of two senators appointed by the senate
majority leader, two senators appointed by the minority leader in the senate, two members
of the house of representatives appointed by the speaker, and two members of the house of
representatives appointed by the minority leader in the house. Two members from each
chamber must be from the majority party in that chamber and two members from each
chamber must be from the minority party in that chamber. Each appointing authority must
make appointments as soon as possible after the beginning of the regular legislative session
in the odd-numbered year. The ranking senator from the majority party appointed to the
commission must convene the first meeting of a biennium by February 15 in the
odd-numbered year. The commission may elect up to four former legislators who have
demonstrated an interest in, or have a history of working in, the areas of government data
practices and personal data privacy to serve as nonvoting members of the commission. The
former legislators must not be registered lobbyists and shall be compensated as provided
under section 15.0575, subdivision 3.
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new text begin
Members of the commission serve for terms beginning upon
appointment and ending at the beginning of the regular legislative session in the next
odd-numbered year. The appropriate appointing authority must fill a vacancy for a seat of
a current legislator for the remainder of the unexpired term.
new text end
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The commission must elect a chair and may elect other officers as it
determines are necessary. The chair alternates between a member of the senate and a member
of the house of representatives in January of each odd-numbered year.
new text end
new text begin
Legislative staff must provide administrative and research assistance to
the commission. The Legislative Coordinating Commission may, if funding is available,
appoint staff to provide research assistance.
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new text begin
The commission shall:
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(1) review and provide the legislature with research and analysis of emerging issues
relating to government data practices and security and privacy of personal data;
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new text begin
(2) review and make recommendations on legislative proposals relating to the Minnesota
Government Data Practices Act; and
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new text begin
(3) review and make recommendations on legislative proposals impacting personal data
privacy rights, data security, and other related issues.
new text end
new text begin
This section is effective the day following final enactment. Initial
members of the commission serve for a term ending in January 2023. A member of the
house of representatives shall serve as the first chair of the commission. A member of the
senate shall serve as chair of the commission beginning in January 2023.
new text end
Minnesota Statutes 2020, section 13.552, is amended by adding a subdivision to
read:
new text begin
Access to data relating to
certificates of compliance for public contracts is governed by section 363A.36.
new text end
Minnesota Statutes 2020, section 13.7931, is amended by adding a subdivision to
read:
new text begin
Except for electronic licensing system
data classified under section 84.0874, data on individuals who are minors that are collected,
created, received, maintained, or disseminated by the Department of Natural Resources are
classified under section 84.0873.
new text end
Minnesota Statutes 2020, section 13.824, subdivision 6, is amended to read:
(a) In addition to the log required under subdivision 5, the law
enforcement agency must maintain records showing the date and time automated license
plate reader data were collected and the applicable classification of the data. The law
enforcement agency shall arrange for an independent, biennial audit of the records to
determine whether data currently in the records are classified, how the data are used, whether
they are destroyed as required under this section, and to verify compliance with subdivision
7. If the commissioner of administration believes that a law enforcement agency is not
complying with this section or other applicable law, the commissioner may order a law
enforcement agency to arrange for additional independent audits. Data in the records required
under this paragraph are classified as provided in subdivision 2.
(b) The results of the audit are public. The commissioner of administration shall review
the results of the audit. If the commissioner determines that there is a pattern of substantial
noncompliance with this section by the law enforcement agency, the agency must
immediately suspend operation of all automated license plate reader devices until the
commissioner has authorized the agency to reinstate their use. An order of suspension under
this paragraph may be issued by the commissioner, upon review of the results of the audit,
review of the applicable provisions of this chapter, and after providing the agency a
reasonable opportunity to respond to the audit's findings.
(c) A report summarizing the results of each audit must be provided to the commissioner
of administration, to the deleted text beginchairdeleted text endnew text begin chairsnew text end and ranking minority members of the committees of
the house of representatives and the senate with jurisdiction over data practices and public
safety issues, and to the Legislative Commission on Data Practices and Personal Data Privacy
no later than 30 days following completion of the audit.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 13.825, subdivision 9, is amended to read:
(a) A law enforcement agency must maintain records showing
the date and time portable recording system data were collected and the applicable
classification of the data. The law enforcement agency shall arrange for an independent,
biennial audit of the data to determine whether data are appropriately classified according
to this section, how the data are used, and whether the data are destroyed as required under
this section, and to verify compliance with subdivisions 7 and 8. If the governing body with
jurisdiction over the budget of the agency determines that the agency is not complying with
this section or other applicable law, the governing body may order additional independent
audits. Data in the records required under this paragraph are classified as provided in
subdivision 2.
(b) The results of the audit are public, except for data that are otherwise classified under
law. The governing body with jurisdiction over the budget of the law enforcement agency
shall review the results of the audit. If the governing body determines that there is a pattern
of substantial noncompliance with this section, the governing body must order that operation
of all portable recording systems be suspended until the governing body has authorized the
agency to reinstate their use. An order of suspension under this paragraph may only be made
following review of the results of the audit and review of the applicable provisions of this
chapter, and after providing the agency and members of the public a reasonable opportunity
to respond to the audit's findings in a public meeting.
(c) A report summarizing the results of each audit must be provided to the governing
body with jurisdiction over the budget of the law enforcement agency deleted text beginanddeleted text endnew text begin,new text end to the Legislative
Commission on Data Practices and Personal Data Privacynew text begin, and to the chairs and ranking
minority members of the committees of the house of representatives and the senate with
jurisdiction over data practices and public safety issuesnew text end no later than 60 days following
completion of the audit.
new text begin
This section is effective the day following final enactment.
new text end
Minnesota Statutes 2020, section 13.851, is amended by adding a subdivision to
read:
new text begin
Data collected and maintained by the commissioner of
corrections regarding jailhouse witnesses are governed by section 634.045.
new text end
new text begin
(a) When the Department of Natural Resources collects, creates, receives, maintains, or
disseminates the following data on individuals who the department knows are minors, the
data are considered private data on individuals, as defined in section 13.02, subdivision 12,
except for data classified as public data according to section 13.43:
new text end
new text begin
(1) name;
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new text begin
(2) date of birth;
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new text begin
(3) Social Security number;
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new text begin
(4) telephone number;
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new text begin
(5) e-mail address;
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new text begin
(6) physical or mailing address;
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new text begin
(7) location data;
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new text begin
(8) online account access information;
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new text begin
(9) data associated with the location of electronic devices; and
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new text begin
(10) other data that would identify participants who have registered for events, programs,
or classes sponsored by the Department of Natural Resources.
new text end
new text begin
(b) Access to data described in paragraph (a) is subject to Minnesota Rules, part
1205.0500. Data about minors classified under this section maintain their classification as
private data on individuals after the individual is no longer a minor.
new text end
new text begin
(c) When data about minors is created, collected, stored, or maintained as part of the
electronic licensing system described in section 84.0874, the data is governed by section
84.0874 and may be disclosed pursuant to the provisions therein.
new text end
Minnesota Statutes 2020, section 169.99, subdivision 1c, is amended to read:
All parts of the uniform traffic ticket must deleted text begingivedeleted text end new text beginprovide
new text end conspicuous notice deleted text beginof the factdeleted text end that, if convicted, the person to whom it was issued deleted text beginmustdeleted text end new text beginmay
be required to new text endpay a state-imposed surcharge under section 357.021, subdivision 6, and the
current amount of the required surcharge.
new text begin
This section is effective August 1, 2022. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end
Minnesota Statutes 2020, section 169.99, is amended by adding a subdivision to
read:
new text begin
The first paragraph on the reverse side of the summons
on the uniform traffic ticket must include the following, or substantially similar, language:
"All or part of the cost of this summons may be waived on a showing of indigency or undue
hardship on you or your family. You may schedule a court appearance to request a waiver
based on your ability to pay by calling the Minnesota Court Payment Center (CPC) [followed
by the Court Payment Center telephone number]. For more information, call the CPC or
visit www.mncourts.gov/fines."
new text end
new text begin
This section is effective August 1, 2022. The changes to the
uniform traffic ticket described in this section must be reflected on the ticket the next time
it is revised.
new text end
Minnesota Statutes 2020, section 357.021, subdivision 1a, is amended to read:
(a) Every
person, including the state of Minnesota and all bodies politic and corporate, who shall
transact any business in the district court, shall pay to the court administrator of said court
the sundry fees prescribed in subdivision 2. Except as provided in paragraph (d), the court
administrator shall transmit the fees monthly to the commissioner of management and budget
for deposit in the state treasury and credit to the general fund. $30 of each fee collected in
a dissolution action under subdivision 2, clause (1), must be deposited by the commissioner
of management and budget in the special revenue fund and is appropriated to the
commissioner of employment and economic development for the Minnesota Family
Resiliency Partnership under section 116L.96.
(b) In a county which has a screener-collector position, fees paid by a county pursuant
to this subdivision shall be transmitted monthly to the county treasurer, who shall apply the
fees first to reimburse the county for the amount of the salary paid for the screener-collector
position. The balance of the fees collected shall then be forwarded to the commissioner of
management and budget for deposit in the state treasury and credited to the general fund.
In a county in a judicial district under section 480.181, subdivision 1, paragraph (b), which
has a screener-collector position, the fees paid by a county shall be transmitted monthly to
the commissioner of management and budget for deposit in the state treasury and credited
to the general fund. A screener-collector position for purposes of this paragraph is an
employee whose function is to increase the collection of fines and to review the incomes
of potential clients of the public defender, in order to verify eligibility for that service.
(c) No fee is required under this section from the public authority or the party the public
authority represents in an action for:
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court, or in a proceeding under section 484.702;
(2) civil commitment under chapter 253B;
(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525;
(4) wrongfully obtaining public assistance under section 256.98 or 256D.07, or recovery
of overpayments of public assistance;
(5) court relief under chapters 260, 260A, 260B, and 260C;
(6) forfeiture of property under sections 169A.63 and 609.531 to 609.5317;
(7) recovery of amounts issued by political subdivisions or public institutions under
sections 246.52, 252.27, 256.045, 256.25, 256.87, 256B.042, 256B.14, 256B.15, 256B.37,
260B.331, and 260C.331, or other sections referring to other forms of public assistance;
(8) restitution under section 611A.04; or
(9) actions seeking monetary relief in favor of the state pursuant to section 16D.14,
subdivision 5.
(d) $20 from each fee collected for child support modifications under subdivision 2,
clause (13), must be transmitted to the county treasurer for deposit in the county general
fund and $35 from each fee shall be credited to the state general fund. The fees must be
used by the county to pay for child support enforcement efforts by county attorneys.
new text begin
(e) No fee is required under this section from any federally recognized Indian Tribe or
its representative in an action for:
new text end
new text begin
(1) child support enforcement or modification, medical assistance enforcement, or
establishment of parentage in the district court or in a proceeding under section 484.702;
new text end
new text begin
(2) civil commitment under chapter 253B;
new text end
new text begin
(3) the appointment of a public conservator or public guardian or any other action under
chapters 252A and 525; or
new text end
new text begin
(4) court relief under chapters 260, 260A, 260B, 260C, and 260D.
new text end
Minnesota Statutes 2020, section 357.021, subdivision 6, is amended to read:
(a) Except as provided in this
deleted text begin paragraphdeleted text endnew text begin subdivisionnew text end, the court shall impose and the court administrator shall collect a $75
surcharge on every person convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than a violation of a law or ordinance relating to vehicle
parking, for which there shall be a $12 surcharge. When a defendant is convicted of more
than one offense in a case, the surcharge shall be imposed only once in that case. In the
Second Judicial District, the court shall impose, and the court administrator shall collect,
an additional $1 surcharge on every person convicted of any felony, gross misdemeanor,
misdemeanor, or petty misdemeanor offense, including a violation of a law or ordinance
relating to vehicle parking, if the Ramsey County Board of Commissioners authorizes the
$1 surcharge. The surcharge shall be imposed whether or not the person is sentenced to
imprisonment or the sentence is stayed. The surcharge shall not be imposed when a person
is convicted of a petty misdemeanor for which no fine is imposed.
deleted text begin
(b) If the court fails to impose a surcharge as required by this subdivision, the court
administrator shall show the imposition of the surcharge, collect the surcharge, and correct
the record.
deleted text end
deleted text begin (c)deleted text endnew text begin (b)new text end The court may deleted text beginnotdeleted text end new text beginreduce the amount or new text endwaive payment of the surcharge required
under this subdivisiondeleted text begin. Upondeleted text end new text beginon new text enda showing of indigency or undue hardship upon the convicted
person or the convicted person's immediate familydeleted text begin, the sentencing court may authorize
payment of the surcharge in installmentsdeleted text end.new text begin Additionally, the court may permit the defendant
to perform community work service in lieu of a surcharge.
new text end
deleted text begin (d)deleted text end new text begin(c) new text endThe court administrator or other entity collecting a surcharge shall forward it to
the commissioner of management and budget.
deleted text begin (e)deleted text end new text begin(d) new text endIf the convicted person is sentenced to imprisonment and has not paid the surcharge
before the term of imprisonment begins, the chief executive officer of the correctional
facility in which the convicted person is incarcerated shall collect the surcharge from any
earnings the inmate accrues from work performed in the facility or while on conditional
release. The chief executive officer shall forward the amount collected to the court
administrator or other entity collecting the surcharge imposed by the court.
deleted text begin (f)deleted text end new text begin(e) new text endA person who enters a diversion program, continuance without prosecution,
continuance for dismissal, or stay of adjudication for a violation of chapter 169 must pay
the surcharge described in this subdivision. A surcharge imposed under this paragraph shall
be imposed only once per case.
deleted text begin (g)deleted text end new text begin(f) new text endThe surcharge does not apply to administrative citations issued pursuant to section
169.999.
new text begin
This section is effective July 1, 2022.
new text end
Minnesota Statutes 2020, section 363A.02, subdivision 1, is amended to read:
(a) It is the public policy of this state to
secure for persons in this state, freedom from discrimination:
(1) in employment because of race, color, creed, religion, national origin, sex, marital
status, disability, status with regard to public assistance, sexual orientation,new text begin familial status,new text end
and age;
(2) in housing and real property because of race, color, creed, religion, national origin,
sex, marital status, disability, status with regard to public assistance, sexual orientation, and
familial status;
(3) in public accommodations because of race, color, creed, religion, national origin,
sex, sexual orientation, and disability;
(4) in public services because of race, color, creed, religion, national origin, sex, marital
status, disability, sexual orientation, and status with regard to public assistance; and
(5) in education because of race, color, creed, religion, national origin, sex, marital status,
disability, status with regard to public assistance, sexual orientation, and age.
(b) Such discrimination threatens the rights and privileges of the inhabitants of this state
and menaces the institutions and foundations of democracy. It is also the public policy of
this state to protect all persons from wholly unfounded charges of discrimination. Nothing
in this chapter shall be interpreted as restricting the implementation of positive action
programs to combat discrimination.
Minnesota Statutes 2020, section 363A.08, subdivision 6, is amended to read:
(a) Except when based on a bona fide occupational
qualification, it is an unfair employment practice for an employer with a number of part-time
or full-time employees for each working day in each of 20 or more calendar weeks in the
current or preceding calendar year equal to or greater than 25 effective July 1, 1992, and
equal to or greater than 15 effective July 1, 1994, an employment agency, or a labor
organization, not to deleted text beginmakedeleted text endnew text begin provide anew text end reasonable accommodation deleted text beginto the known disability of
a qualified disabled person or job applicantdeleted text endnew text begin for a job applicant or qualified employee with
a disabilitynew text end unless the employer, agency, or organization can demonstrate that the
accommodation would impose an undue hardship on the business, agency, or organization.
"Reasonable accommodation" means steps which must be taken to accommodate the known
physical or mental limitations of a qualified deleted text begindisabled persondeleted text endnew text begin individual with a disabilitynew text end.
new text begin To determine the appropriate reasonable accommodation the employer, agency, or
organization shall initiate an informal, interactive process with the individual with a disability
in need of the accommodation. This process should identify the limitations resulting from
the disability and any potential reasonable accommodations that could overcome those
limitations. new text end"Reasonable accommodation" may include but is not limited to, nor does it
necessarily require: (1) making facilities readily accessible to and usable by deleted text begindisabled personsdeleted text endnew text begin
individuals with disabilitiesnew text end; and (2) job restructuring, modified work schedules, reassignment
to a vacant position, acquisition or modification of equipment or devices, and the provision
of aides on a temporary or periodic basis.
(b) In determining whether an accommodation would impose an undue hardship on the
operation of a business or organization, factors to be considered include:
(1) the overall size of the business or organization with respect to number of employees
or members and the number and type of facilities;
(2) the type of the operation, including the composition and structure of the work force,
and the number of employees at the location where the employment would occur;
(3) the nature and cost of the needed accommodation;
(4) the reasonable ability to finance the accommodation at each site of business; and
(5) documented good faith efforts to explore less restrictive or less expensive alternatives,
including consultation with the disabled person or with knowledgeable disabled persons or
organizations.
A prospective employer need not pay for an accommodation for a job applicant if it is
available from an alternative source without cost to the employer or applicant.
Minnesota Statutes 2020, section 363A.28, subdivision 1, is amended to read:
Any person aggrieved by a violation of this chapter may bring
a civil action as provided in section 363A.33, subdivision 1, or may file a verified charge
with the commissioner or the commissioner's designated agent. A charge filed with the
commissioner must be in writingnew text begin by hand, or electronically with an unsworn declaration
under penalty of perjury,new text end on a form provided by the commissioner and signed by the charging
party. The charge must state the name of the person alleged to have committed an unfair
discriminatory practice and set out a summary of the details of the practice complained of.
The commissioner may require a charging party to provide the address of the person alleged
to have committed the unfair discriminatory practice, names of witnesses, documents, and
any other information necessary to process the charge. The commissioner may dismiss a
charge when the charging party fails to provide required information. The commissioner
within ten days of the filing shall serve a copy of the charge and a form for use in responding
to the charge upon the respondent personallynew text begin, electronically with the receiving party's
consent,new text end or by mail. The respondent shall file with the department a written response setting
out a summary of the details of the respondent's position relative to the charge within deleted text begin20deleted text endnew text begin
30new text end days of receipt of the charge. If the respondent fails to respond with a written summary
of the details of the respondent's position within 30 days after service of the charge, and
service was consistent with rule 4 of the Rules of Civil Procedure, the commissioner, on
behalf of the complaining party, may bring an action for default in district court pursuant
to rule 55.01 of the Rules of Civil Procedure.
Minnesota Statutes 2020, section 363A.28, subdivision 6, is amended to read:
(a) Consistent with paragraph (h), the commissioner shall
promptly inquire into the truth of the allegations of the charge. The commissioner shall
make an immediate inquiry when a charge alleges actual or threatened physical violence.
The commissioner shall also make an deleted text beginimmediatedeleted text end inquiry when it appears that a charge is
frivolous or without merit and shall dismiss those charges.
(b) The commissioner shall give priority to investigating and processing those charges,
in the order below, which the commissioner determines have the following characteristics:
(1) there is evidence of irreparable harm if immediate action is not taken;
(2) there is evidence that the respondent has intentionally engaged in a reprisal;
(3) a significant number of recent charges have been filed against the respondent;
(4) the respondent is a government entity;
(5) there is potential for broadly promoting the policies of this chapter; or
(6) the charge is supported by substantial and credible documentation, witnesses, or
other evidence.
The commissioner shall inform charging parties of these priorities and shall tell each
party if their charge is a priority case or not.
On other charges the commissioner shall make a determination within 12 months after
the charge was filed as to whether or not there is probable cause to credit the allegation of
unfair discriminatory practices.
(c) If the commissioner determines after investigation that no probable cause exists to
credit the allegations of the unfair discriminatory practice, the commissioner shall, within
ten days of the determination, serve upon the charging party and respondent written notice
of the determination. Within deleted text begintendeleted text endnew text begin 30new text end days after receipt of notice, the charging party may
request in writing, on forms prepared by the department, that the commissioner reconsider
the determination. The request shall contain a brief statement of the reasons for and new
evidence in support of the request for reconsideration. At the time of submission of the
request to the commissioner, the charging party shall deliver or mail to the respondent a
copy of the request for reconsideration. The commissioner shall reaffirm, reverse, or vacate
and remand for further consideration the determination of no probable cause within 20 days
after receipt of the request for reconsideration, and shall within ten days notify in writing
the charging party and respondent of the decision to reaffirm, reverse, or vacate and remand
for further consideration.
A decision by the commissioner that no probable cause exists to credit the allegations
of an unfair discriminatory practice shall not be appealed to the court of appeals pursuant
to section deleted text begin363A.36deleted text endnew text begin 363A.34new text end or sections 14.63 to 14.68.
(d) If the commissioner determines after investigation that probable cause exists to credit
the allegations of unfair discriminatory practices, the commissioner shall serve on the
respondent and the respondent's attorney if the respondent is represented by counsel, by
first class mail,new text begin or electronically with the receiving party's consent,new text end a notice setting forth a
short plain written statement of the alleged facts which support the finding of probable cause
and an enumeration of the provisions of law allegedly violated.new text begin Within 30 days after receipt
of notice, the respondent may request in writing, on forms prepared by the department, that
the commissioner reconsider the determination.new text end If the commissioner determines that attempts
to eliminate the alleged unfair practices through conciliation pursuant to subdivision 8 have
been or would be unsuccessful or unproductive, the commissioner deleted text beginshalldeleted text endnew text begin maynew text end issue a complaint
and serve on the respondent, by registered or certified mail,new text begin or electronically with the
receiving party's consent,new text end a written notice of hearing together with a copy of the complaint,
requiring the respondent to answer the allegations of the complaint at a hearing before an
administrative law judge at a time and place specified in the notice, not less than ten days
after service of said complaint. A copy of the notice shall be furnished to the charging party
and the attorney general.
(e) If, at any time after the filing of a charge, the commissioner has reason to believe
that a respondent has engaged in any unfair discriminatory practice, the commissioner may
file a petition in the district court in a county in which the subject of the complaint occurs,
or in a county in which a respondent resides or transacts business, seeking appropriate
temporary relief against the respondent, pending final determination of proceedings under
this chapter, including an order or decree restraining the respondent from doing or procuring
an act tending to render ineffectual an order the commissioner may enter with respect to
the complaint. The court shall have power to grant temporary relief or a restraining order
as it deems just and proper, but no relief or order extending beyond ten days shall be granted
except by consent of the respondent or after hearing upon notice to the respondent and a
finding by the court that there is reasonable cause to believe that the respondent has engaged
in a discriminatory practice. Except as modified by subdivisions 1 to 9 and section 363A.06,
subdivision 4, the Minnesota Rules of Civil Procedure shall apply to an application, and
the district court shall have authority to grant or deny the relief sought on conditions as it
deems just and equitable. All hearings under subdivisions 1 to 9 and section 363A.06,
subdivision 4, shall be given precedence as nearly as practicable over all other pending civil
actions.
(f) If a lessor, after engaging in a discriminatory practice defined in section 363A.09,
subdivision 1, clause (1), leases or rents a dwelling unit to a person who has no knowledge
of the practice or of the existence of a charge with respect to the practice, the lessor shall
be liable for actual damages sustained by a person by reason of a final order as provided in
subdivisions 1 to 9 and section 363A.06, subdivision 4, requiring the person to be evicted
from the dwelling unit.
(g) In any complaint issued under subdivisions 1 to 9 and section 363A.06, subdivision
4, the commissioner may seek relief for a class of individuals affected by an unfair
discriminatory practice occurring on or after a date one year prior to the filing of the charge
from which the complaint originates.
(h) The commissioner may adopt policies to determine which charges are processed and
the order in which charges are processed based on their particular social or legal significance,
administrative convenience, difficulty of resolution, or other standard consistent with the
provisions of this chapter.
(i) The chief administrative law judge shall adopt policies to provide sanctions for
intentional and frivolous delay caused by any charging party or respondent in an investigation,
hearing, or any other aspect of proceedings before the department under this chapter.
Minnesota Statutes 2020, section 363A.31, subdivision 2, is amended to read:
A waiver or release of rights or remedies secured by this
chapter which purports to apply to claims arising out of acts or practices prior to, or
concurrent with, the execution of the waiver or release may be rescinded within 15 calendar
days of its execution, except that a waiver or release given in settlement of a claim filed
with the department or with another administrative agency or judicial body is valid and final
upon execution. A waiving or releasing party shall be informed in writing of the right to
rescind the waiver or release. To be effective, the rescission must be in writing and delivered
to the waived or released party deleted text begineitherdeleted text end by handnew text begin, electronically with the receiving party's
consent,new text end or new text beginby new text endmail within the 15-day period. If delivered by mail, the rescission must be:
(1) postmarked within the 15-day period;
(2) properly addressed to the waived or released party; and
(3) sent by certified mail return receipt requested.
Minnesota Statutes 2020, section 363A.33, subdivision 3, is amended to read:
A charging party bringing a civil
action shall mail by registered or certified mailnew text begin, or electronically with the receiving party's
consent,new text end a copy of the summons and complaint to the commissioner, and upon their receipt
the commissioner shall terminate all proceedings in the department relating to the charge.
No charge shall be filed or reinstituted with the commissioner after a civil action relating
to the same unfair discriminatory practice has been brought unless the civil action has been
dismissed without prejudice.
Minnesota Statutes 2020, section 363A.36, subdivision 1, is amended to read:
(a) deleted text beginFor all contracts for goods and services in
excess of $100,000, no department or agency of the state shall accept any bid or proposal
for a contract or agreement from any business having more than 40 full-time employees
within this state on a single working day during the previous 12 months, unless the
commissioner is in receipt of the business' affirmative action plan for the employment of
minority persons, women, and qualified disabled individuals. No department or agency of
the state shall execute any such contract or agreement until the affirmative action plan has
been approved by the commissioner. Receipt of a certificate of compliance issued by the
commissioner shall signify that a firm or business has an affirmative action plan that has
been approved by the commissioner. A certificate shall be valid for a period of four years.deleted text endnew text begin
No department, agency of the state, the Metropolitan Council, or agency subject to section
473.143, subdivision 1, shall execute a contract for goods or services in excess of $100,000
with a business that has 40 or more full-time employees in this state or a state where the
business has its primary place of business on a single day during the prior 12 months, unless
the business has a workforce certificate from the commissioner of human rights or has
certified in writing that it is exempt. Determinations of exempt status shall be made by the
commissioner of human rights. A certificate is valid for four years.new text end A municipality as defined
in section 466.01, subdivision 1, that receives state money for any reason is encouraged to
prepare and implement an affirmative action plan for the employment of deleted text beginminority persons,deleted text endnew text begin
people with disabilities, people of color, andnew text end women, and deleted text beginthe qualified disabled anddeleted text endnew text begin tonew text end
submit the plan to the commissioner.
deleted text begin
(b) This paragraph applies to a contract for goods or services in excess of $100,000 to
be entered into between a department or agency of the state and a business that is not subject
to paragraph (a), but that has more than 40 full-time employees on a single working day
during the previous 12 months in the state where the business has its primary place of
business. A department or agency of the state may not execute a contract or agreement with
a business covered by this paragraph unless the business has a certificate of compliance
issued by the commissioner under paragraph (a) or the business certifies that it is in
compliance with federal affirmative action requirements.
deleted text end
deleted text begin (c)deleted text endnew text begin (b)new text end This section does not apply to contracts entered into by the State Board of
Investment for investment options under section 356.645.
deleted text begin (d)deleted text endnew text begin (c)new text end The commissioner shall issue a certificate of compliance or notice of denial within
15 days of the application submitted by the business or firm.
new text begin
This section is effective July 1, 2021, and applies to contracts
entered into on or after that date.
new text end
Minnesota Statutes 2020, section 363A.36, subdivision 2, is amended to read:
The commissioner shall collect a deleted text begin$150deleted text endnew text begin
$250new text end fee for each certificate of compliance issued by the commissioner or the commissioner's
designated agent. The proceeds of the fee must be deposited in a human rights fee special
revenue account. Money in the account is appropriated to the commissioner to fund the cost
of issuing certificates and investigating grievances.
new text begin
This section is effective for applications received on or after July
1, 2021.
new text end
Minnesota Statutes 2020, section 363A.36, subdivision 3, is amended to read:
Certificates of compliance
may be suspended or revoked by the commissioner if a holder of a certificate has not made
a good faith effort to implement an affirmative action plan that has been approved by the
commissioner. If a contractor does not effectively implement an affirmative action plan
approved by the commissioner pursuant to subdivision 1, or fails to make a good faith effort
to do so, the commissioner may refuse to approve subsequent plans submitted by that firm
or business.new text begin If a certificate holder is in violation of this section, the commissioner may
impose one or both of the following actions:
new text end
new text begin
(1) issue fines up to $5,000 per calendar year for each contract; or
new text end
new text begin
(2) suspend or revoke a certificate of compliance until the contractor has paid all
outstanding fines and otherwise complies with this section.
new text end
new text begin
This section is effective July 1, 2021, and applies to all certificates
of compliance in effect on or after that date.
new text end
Minnesota Statutes 2020, section 363A.36, subdivision 4, is amended to read:
A contract awarded by a department or agency of the
statenew text begin, the Metropolitan Council, or an agency subject to section 473.143, subdivision 1,new text end may
be terminated or abridged by the deleted text begindepartment or agencydeleted text endnew text begin awarding entitynew text end because of suspension
or revocation of a certificate based upon a contractor's failure to implement or make a good
faith effort to implement an affirmative action plan approved by the commissioner under
this section. If a contract is awarded to a person who does not have a contract compliance
certificate required under subdivision 1, the commissioner may void the contract on behalf
of the state.
new text begin
This section is effective July 1, 2021, and applies to contracts
entered into on or after that date.
new text end
Minnesota Statutes 2020, section 363A.36, is amended by adding a subdivision
to read:
new text begin
Data submitted to the commissioner related to a certificate of
compliance are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspend or otherwise penalize a certificate holder of a certificate of compliance is public
data. Applications, forms, or similar documents submitted by a business seeking a certificate
of compliance are public data. The commissioner may disclose data classified as private or
nonpublic under this subdivision to other state agencies, statewide systems, and political
subdivisions for the purposes of achieving compliance with this section.
new text end
Minnesota Statutes 2020, section 363A.44, subdivision 2, is amended to read:
(a) A business shall apply for an equal pay certificate by paying
a deleted text begin$150deleted text endnew text begin $250new text end filing fee and submitting an equal pay compliance statement to the
commissioner. The proceeds from the fees collected under this subdivision shall be deposited
in an equal pay certificate special revenue account. Money in the account is appropriated
to the commissioner for the purposes of this section. The commissioner shall issue an equal
pay certificate of compliance to a business that submits to the commissioner a statement
signed by the chairperson of the board or chief executive officer of the business:
(1) that the business is in compliance with Title VII of the Civil Rights Act of 1964,
Equal Pay Act of 1963, Minnesota Human Rights Act, and Minnesota Equal Pay for Equal
Work Law;
(2) that the average compensation for its female employees is not consistently below
the average compensation for its male employees within each of the major job categories
in the EEO-1 employee information report for which an employee is expected to perform
work under the contract, taking into account factors such as length of service, requirements
of specific jobs, experience, skill, effort, responsibility, working conditions of the job, or
other mitigating factors;
(3) that the business does not restrict employees of one sex to certain job classifications
and makes retention and promotion decisions without regard to sex;
(4) that wage and benefit disparities are corrected when identified to ensure compliance
with the laws cited in clause (1) and with clause (2); and
(5) how often wages and benefits are evaluated to ensure compliance with the laws cited
in clause (1) and with clause (2).
(b) The equal pay compliance statement shall also indicate whether the business, in
setting compensation and benefits, utilizes:
(1) a market pricing approach;
(2) state prevailing wage or union contract requirements;
(3) a performance pay system;
(4) an internal analysis; or
(5) an alternative approach to determine what level of wages and benefits to pay its
employees. If the business uses an alternative approach, the business must provide a
description of its approach.
(c) Receipt of the equal pay compliance statement by the commissioner does not establish
compliance with the laws set forth in paragraph (a), clause (1).
new text begin
This section is effective for applications received on or after July
1, 2021.
new text end
Minnesota Statutes 2020, section 363A.44, subdivision 4, is amended to read:
An equal pay certificate for
a business may be suspended or revoked by the commissioner when the business fails to
make a good-faith effort to comply with the laws identified in subdivision 2, paragraph (a),
clause (1), fails to make a good-faith effort to comply with this section, or has multiple
violations of this section or the laws identified in subdivision 2, paragraph (a), clause (1).
new text begin The commissioner may also issue a fine due to lack of compliance with this section of up
to $5,000 per calendar year for each contract. The commissioner may suspend or revoke an
equal pay certificate until the business has paid all outstanding fines and otherwise complies
with this section. new text endPrior tonew text begin issuing a fine ornew text end suspending or revoking a certificate, the
commissioner must first have sought to conciliate with the business regarding wages and
benefits due to employees.
new text begin
This section is effective July 1, 2021, and applies to all equal pay
certificates in effect on or after that date.
new text end
Minnesota Statutes 2020, section 363A.44, subdivision 9, is amended to read:
Data submitted to the commissioner related to equal pay
certificates are private data on individuals or nonpublic data with respect to persons other
than department employees. The commissioner's decision to issue, not issue, revoke, or
suspendnew text begin or otherwise penalize a certificate holder ofnew text end an equal pay certificate is public data.new text begin
Applications, forms, or similar documents submitted by a business seeking an equal pay
certificate are public data. The commissioner may disclose data classified as private or
nonpublic under this subdivision to other state agencies, statewide systems, and political
subdivisions for the purposes of achieving compliance with this section.
new text end
Minnesota Statutes 2020, section 477A.03, subdivision 2b, is amended to read:
(a) For aids payable in 2018 and 2019, the total aid payable under
section 477A.0124, subdivision 3, is $103,795,000, of which $3,000,000 shall be allocated
as required under Laws 2014, chapter 150, article 4, section 6. For aids payable in 2020,
the total aid payable under section 477A.0124, subdivision 3, is $116,795,000, of which
$3,000,000 shall be allocated as required under Laws 2014, chapter 150, article 4, section
6. For aids payable in 2021 through 2024, the total aid payable under section 477A.0124,
subdivision 3, is $118,795,000, of which $3,000,000 shall be allocated as required under
Laws 2014, chapter 150, article 4, section 6. For aids payable in 2025 and thereafter, the
total aid payable under section 477A.0124, subdivision 3, is $115,795,000. deleted text beginEach calendar
year,deleted text endnew text begin On or before the first installment date provided in section 477A.015, paragraph (a),new text end
$500,000 of this appropriation shall be deleted text beginretaineddeleted text endnew text begin transferred each yearnew text end by the commissioner
of revenue to deleted text beginmake reimbursements to the commissioner of management and budgetdeleted text endnew text begin the
Board of Public Defensenew text end for deleted text beginpayments madedeleted text endnew text begin the payment of servicenew text end under section 611.27.
deleted text begin The reimbursements shall be to defray the additional costs associated with court-ordered
counsel under section 611.27.deleted text end Any deleted text beginretaineddeleted text endnew text begin transferrednew text end amounts not deleted text beginused for reimbursementdeleted text endnew text begin
expended or encumberednew text end in anew text begin fiscalnew text end yearnew text begin shall be certified by the Board of Public Defense
to the commissioner of revenue on or before October 1 andnew text end shall be included in the next
deleted text begin distributiondeleted text endnew text begin certificationnew text end of county need aid deleted text beginthat is certified to the county auditors for the
purpose of property tax reduction for the next taxes payable yeardeleted text end.
(b) For aids payable in 2018 and 2019, the total aid under section 477A.0124, subdivision
4, is $130,873,444. For aids payable in 2020, the total aid under section 477A.0124,
subdivision 4, is $143,873,444. For aids payable in 2021 and thereafter, the total aid under
section 477A.0124, subdivision 4, is $145,873,444. The commissioner of revenue shall
transfer to the commissioner of management and budget $207,000 annually for the cost of
preparation of local impact notes as required by section 3.987, and other local government
activities. The commissioner of revenue shall transfer to the commissioner of education
$7,000 annually for the cost of preparation of local impact notes for school districts as
required by section 3.987. The commissioner of revenue shall deduct the amounts transferred
under this paragraph from the appropriation under this paragraph. The amounts transferred
are appropriated to the commissioner of management and budget and the commissioner of
education respectively.
Minnesota Statutes 2020, section 524.2-503, is amended to read:
(a) If a document or writing added upon a document was not executed in compliance
with section 524.2-502, the document or writing is treated as if it had been executed in
compliance with section 524.2-502 if the proponent of the document or writing establishes
by clear and convincing evidence that the decedent intended the document or writing to
constitute:
(1) the decedent's will;
(2) a partial or complete revocation of the will;
(3) an addition to or an alteration of the will; or
(4) a partial or complete revival of the decedent's formerly revoked will or of a formerly
revoked portion of the will.
(b) This section applies to documents and writings executed on or after March 13, 2020deleted text begin,
but before February 15, 2021deleted text end.
new text begin
This section is effective retroactively from March 13, 2020, and
applies to documents and writings executed on or after March 13, 2020.
new text end
Minnesota Statutes 2020, section 611.21, is amended to read:
(a) Counsel appointed by the court for an indigent defendant, or representing a defendant
who, at the outset of the prosecution, has an annual income not greater than 125 percent of
the poverty line established under United States Code, title 42, section 9902(2), may file
an ex parte application requesting investigative, expert, new text begininterpreter, new text endor other services necessary
to an adequate defense in the case. Upon finding, after appropriate inquiry in an ex parte
proceeding, that the services are necessary and that the defendant is financially unable to
obtain them, the court shall authorize counsel to obtain the services on behalf of the
defendant. The court may establish a limit on the amount which may be expended or promised
for such services. The court may, in the interests of justice, and upon a finding that timely
procurement of necessary services could not await prior authorization, ratify such services
after they have been obtained, but such ratification shall be given only in unusual situations.
The court shall determine reasonable compensation for the services and direct payment by
the county in which the prosecution originated, to the organization or person who rendered
them, upon the filing of a claim for compensation supported by an affidavit specifying the
time expended, services rendered, and expenses incurred on behalf of the defendant, and
the compensation received in the same case or for the same services from any other source.
(b) The compensation to be paid to a person for such service rendered to a defendant
under this section, or to be paid to an organization for such services rendered by an employee,
may not exceed $1,000, exclusive of reimbursement for expenses reasonably incurred,
unless payment in excess of that limit is certified by the court as necessary to provide fair
compensation for services of an unusual character or duration and the amount of the excess
payment is approved by the chief judge of the district. The chief judge of the judicial district
may delegate approval authority to an active district judge.
(c) If the court denies authorizing counsel to obtain services on behalf of the defendant,
the court shall make written findings of fact and conclusions of law that state the basis for
determining that counsel may not obtain services on behalf of the defendant. When the court
issues an order denying counsel the authority to obtain services, the defendant may appeal
immediately from that order to the court of appeals and may request an expedited hearing.
Minnesota Statutes 2020, section 611.27, subdivision 9, is amended to read:
The chief district public defender
deleted text begin with the approval ofdeleted text endnew text begin may request thatnew text end the state public defender deleted text beginmay request that the chief
judge of the district court, or a district court judge designated by the chief judge,deleted text end authorize
appointment of counsel other than the district public defender in such cases.
Minnesota Statutes 2020, section 611.27, subdivision 10, is amended to read:
The chief public defender may not request deleted text beginthe
courtdeleted text end nor may the deleted text begincourt orderdeleted text endnew text begin state public defender approvenew text end the addition of permanent staff
under subdivision 7.
Minnesota Statutes 2020, section 611.27, subdivision 11, is amended to read:
If the deleted text begincourtdeleted text endnew text begin state public defendernew text end finds that the
provision of adequate legal representation, including associated services, is beyond the
ability of the district public defender to provide, the deleted text begincourt shall orderdeleted text endnew text begin state public defender
may approvenew text end counsel to be appointed, with compensation and expenses to be paid under
the provisions of this subdivision and subdivision 7. Counsel in such cases shall be appointed
by the chief district public defender. deleted text beginIf the court issues an order denying the request, the
court shall make written findings of fact and conclusions of law. Upon denial, the chief
district public defender may immediately appeal the order denying the request to the court
of appeals and may request an expedited hearing.
deleted text end
Minnesota Statutes 2020, section 611.27, subdivision 13, is amended to read:
All billings for services rendered and ordered
under subdivision 7 shall require the approval of the chief district public defender before
being forwarded deleted text beginon a monthly basisdeleted text end to the state public defender. In cases where adequate
representation cannot be provided by the district public defender and where counsel has
been deleted text beginappointed under a court orderdeleted text endnew text begin approved by the state public defendernew text end, the deleted text beginstate public
defenderdeleted text endnew text begin Board of Public Defensenew text end shall deleted text beginforward to the commissioner of management and
budgetdeleted text endnew text begin paynew text end all deleted text beginbillings fordeleted text end services deleted text beginrendered under the court order. The commissioner shall
pay for servicesdeleted text end from county program aid deleted text beginretaineddeleted text endnew text begin transferrednew text end by the commissioner of
revenue for that purpose under section 477A.03, subdivision 2b, paragraph (a).
The costs of appointed counsel and associated services in cases arising from new criminal
charges brought against indigent inmates who are incarcerated in a Minnesota state
correctional facility are the responsibility of the state Board of Public Defense. In such cases
the state public defender may follow the procedures outlined in this section for obtaining
court-ordered counsel.
Minnesota Statutes 2020, section 611.27, subdivision 15, is amended to read:
In appeal cases and postconviction cases where the
appellate public defender's office does not have sufficient funds to pay for transcripts and
other necessary expenses because it has spent or committed all of the transcript funds in its
annual budget, the deleted text beginstate public defender may forward to the commissioner of management
and budget all billings for transcripts and other necessary expenses. The commissioner shalldeleted text endnew text begin
Board of Public Defense maynew text end pay for these transcripts and other necessary expenses from
county program aid deleted text beginretaineddeleted text endnew text begin transferrednew text end by the commissioner of revenue for that purpose
under section 477A.03, subdivision 2b, paragraph (a).
new text begin
For purposes of this section, the following terms have the
meanings given:
new text end
new text begin
(1) "certifying entity" means a state or local law enforcement agency;
new text end
new text begin
(2) "criminal activity" means qualifying criminal activity pursuant to section
101(a)(15)(U)(iii) of the Immigration and Nationality Act, as amended through June 1,
2021, and includes the attempt, conspiracy, or solicitation to commit such crimes; and
new text end
new text begin
(3) "certification" means any certification or statement required by federal immigration
law, as amended through June 1, 2021, including, but not limited to, the information required
by United States Code, title 8, section 1184(p), and United States Code, title 8, section
1184(o), including current United States Citizenship and Immigration Services Form I-918,
Supplement B, and United States Citizenship and Immigration Services Form I-914,
Supplement B, and any substantively similar successor forms.
new text end
new text begin
(a) A certifying entity shall process a certification
requested by a victim of criminal activity or a representative of the victim, including the
victim's attorney, family member, or domestic violence or sexual assault violence advocate,
within the time period prescribed in paragraph (b).
new text end
new text begin
(b) A certifying entity shall process the certification within 90 days of request, unless
the victim is in removal proceedings, in which case the certification shall be processed
within 14 days of request. Requests for expedited certification must be affirmatively raised
at the time of the request.
new text end
new text begin
(c) An active investigation, the filing of charges, or a prosecution or conviction are not
required for the victim of criminal activity to request and obtain the certification, provided
that the certifying entity initiated an investigation and the victim cooperated in it.
new text end
new text begin
(a) The head of a certifying entity shall
designate an agent to perform the following responsibilities:
new text end
new text begin
(1) timely process requests for certification;
new text end
new text begin
(2) provide outreach to victims of criminal activity to inform them of the entity's
certification process; and
new text end
new text begin
(3) keep a written or electronic record of all certification requests and responses.
new text end
new text begin
(b) All certifying entities shall implement a language access protocol for
non-English-speaking victims of criminal activity.
new text end
new text begin
(a) A certifying entity is prohibited
from disclosing the immigration status of a victim of criminal activity, except to comply
with federal law or legal process, or if authorized by the victim of criminal activity or
representative requesting the certification.
new text end
new text begin
(b) Data provided to a certifying entity under this section is classified as private data
pursuant to section 13.02, subdivision 12.
new text end
new text begin
Subdivisions 1, 2, and 4 are effective the day following final
enactment. Subdivision 3 is effective July 1, 2021.
new text end
new text begin
(a) As used in this section, the following terms have the
meanings given.
new text end
new text begin
(b) "Benefit" means any plea bargain, bail consideration, reduction or modification of
sentence, or any other leniency, immunity, financial payment, reward, or amelioration of
current or future conditions of incarceration offered or provided in connection with, or in
exchange for, testimony that is offered or provided by a jailhouse witness.
new text end
new text begin
(c) "Jailhouse witness" means a person who (1) while incarcerated, claims to have
obtained information from a defendant in a criminal case or a person suspected to be the
perpetrator of an offense, and (2) offers or provides testimony concerning statements made
by that defendant or person suspected to be the perpetrator of an offense. It does not mean
a codefendant or confidential informant who does not provide testimony against a suspect
or defendant.
new text end
new text begin
(d) "Commissioner" means the commissioner of corrections.
new text end
new text begin
(a)
Each county attorney shall report to the commissioner, in a form determined by the
commissioner:
new text end
new text begin
(1) the name of the jailhouse witness and the district court file number of the case in
which that witness testified or planned to testify;
new text end
new text begin
(2) the substance and use of any testimony of a jailhouse witness against the interest of
a suspect or defendant, regardless of whether such testimony is presented at trial; and
new text end
new text begin
(3) the jailhouse witness's agreement to cooperate with the prosecution and any benefit
that the prosecutor has offered or may offer in the future to the jailhouse witness in connection
with the testimony.
new text end
new text begin
(b) The commissioner shall maintain a statewide database containing the information
received pursuant to paragraph (a) for 20 years from the date that the jailhouse witness
information was entered into that statewide record.
new text end
new text begin
(c) Data collected and maintained pursuant to this subdivision are classified as confidential
data on individuals, as defined in section 13.02, subdivision 3. Only the commissioner may
access the statewide record but shall provide all information held on specific jailhouse
witnesses to a county attorney upon request.
new text end
new text begin
By September 15 of each year, beginning in
2022, the commissioner shall publish on its website an annual report of the statewide record
of jailhouse witnesses required under subdivision 2. Information in the report must be limited
to summary data, as defined in section 13.02, subdivision 19, and must include:
new text end
new text begin
(1) the total number of jailhouse witnesses tracked in the statewide record; and
new text end
new text begin
(2) for each county, the number of new reports added pursuant to subdivision 2, paragraph
(a), over the previous fiscal year.
new text end
new text begin
(a) In addition to the
requirements for disclosures under rule 9 of the Rules of Criminal Procedure, and within
the timeframes established by that rule, a prosecutor must disclose the following information
to the defense about any jailhouse witness:
new text end
new text begin
(1) the complete criminal history of the jailhouse witness, including any charges that
are pending or were reduced or dismissed as part of a plea bargain;
new text end
new text begin
(2) any cooperation agreement with the jailhouse witness and any deal, promise,
inducement, or benefit that the state has made or intends to make in the future to the jailhouse
witness;
new text end
new text begin
(3) whether, at any time, the jailhouse witness recanted any testimony or statement
implicating the suspect or defendant in the charged crime and, if so, the time and place of
the recantation, the nature of the recantation, and the names of the persons who were present
at the recantation;
new text end
new text begin
(4) whether, at any time, the jailhouse witness made a statement implicating any other
person in the charged crime and, if so, the time and place of the statement, the nature of the
statement, and the names of the persons who were present at the statement; and
new text end
new text begin
(5) information concerning other criminal cases in which the jailhouse witness has
testified, or offered to testify, against a suspect or defendant with whom the jailhouse witness
was imprisoned or confined, including any cooperation agreement, deal, promise, inducement,
or benefit that the state has made or intends to make in the future to the jailhouse witness.
new text end
new text begin
(b) A prosecutor has a continuing duty of disclosure before and during trial. If, after the
omnibus hearing held pursuant to rule 11 of the Rules of Criminal Procedure, a prosecutor
discovers additional material, information, or witnesses subject to disclosure under this
subdivision, the prosecutor must promptly notify the court and defense counsel, or, if the
defendant is not represented, the defendant, of what was discovered. If the court finds that
the jailhouse witness was not known or that materials in paragraph (a) could not be discovered
or obtained by the state within that period with the exercise of due diligence, the court may
order that disclosure take place within a reasonable period. Upon good cause shown, the
court may continue the proceedings.
new text end
new text begin
(c) If the prosecutor files a written certificate with the trial court that disclosing the
information described in paragraph (a) would subject the jailhouse witness or other persons
to physical harm or coercion, the court may order that the information must be disclosed to
the defendant's counsel but may limit disclosure to the defendant in a way that does not
unduly interfere with the defendant's right to prepare and present a defense, including limiting
disclosure to nonidentifying information.
new text end
new text begin
(a) A prosecutor shall make every reasonable effort to
notify a victim if the prosecutor has decided to offer or provide any of the following to a
jailhouse witness in exchange for, or as the result of, a jailhouse witness offering or providing
testimony against a suspect or defendant:
new text end
new text begin
(1) reduction or dismissal of charges;
new text end
new text begin
(2) a plea bargain;
new text end
new text begin
(3) support for a modification of the amount or conditions of bail; or
new text end
new text begin
(4) support for a motion to reduce or modify a sentence.
new text end
new text begin
(b) Efforts to notify the victim should include, in order of priority: (1) contacting the
victim or a person designated by the victim by telephone; and (2) contacting the victim by
mail. If a jailhouse witness is still in custody, the notification attempt shall be made before
the jailhouse witness is released from custody.
new text end
new text begin
(c) Whenever a prosecutor notifies a victim of domestic assault, criminal sexual conduct,
or harassment or stalking under this section, the prosecutor shall also inform the victim of
the method and benefits of seeking an order for protection under section 518B.01 or a
restraining order under section 609.748 and that the victim may seek an order without paying
a fee.
new text end
new text begin
(d) The notification required under this subdivision is in addition to the notification
requirements and rights described in sections 611A.03, 611A.0315, 611A.039, and 611A.06.
new text end
new text begin
This section is effective August 1, 2021.
new text end
new text begin
Appointing authorities for the Legislative Commission on Data Practices under Minnesota
Statutes, section 3.8844, must make initial appointments by July 15, 2021. The speaker of
the house of representatives must designate one member of the commission to convene the
first meeting of the commission by August 1, 2021.
new text end
Minnesota Statutes 2020, section 2.722, subdivision 1, is amended to read:
Effective July 1, 1959, the state is divided into ten judicial
districts composed of the following named counties, respectively, in each of which districts
judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and Sibley; 36 judges; and four
permanent chambers shall be maintained in Red Wing, Hastings, Shakopee, and Glencoe
and one other shall be maintained at the place designated by the chief judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele, Waseca, Freeborn, Mower,
and Fillmore; 23 judges; and permanent chambers shall be maintained in Faribault, Albert
Lea, Austin, Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet, Lincoln, Cottonwood,
Murray, Nobles, Pipestone, Rock, Faribault, Martin, and Jackson; deleted text begin16deleted text end new text begin17 new text endjudges; and
permanent chambers shall be maintained in Marshall, Windom, Fairmont, New Ulm, and
Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail, Stearns, Todd, Clay, Becker, and
Wadena; 30 judges; and permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville, Swift, Yellow Medicine, Big
Stone, Grant, Pope, Stevens, Traverse, and Wilkin; 11 judges; and permanent chambers
shall be maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau, Mahnomen, Pennington, Aitkin,
Itasca, Crow Wing, Hubbard, Beltrami, Lake of the Woods, Clearwater, Cass and
Koochiching; 24 judges; and permanent chambers shall be maintained in Crookston, Thief
River Falls, Bemidji, Brainerd, Grand Rapids, and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine, Chisago, and Washington; 45
judges; and permanent chambers shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.
Minnesota Statutes 2020, section 243.166, subdivision 1b, is amended to read:
(a) A person shall register under this section if:
(1) the person was charged with or petitioned for a felony violation of or attempt to
violate, or aiding, abetting, or conspiracy to commit, any of the following, and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances:
(i) murder under section 609.185, paragraph (a), clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342; 609.343; 609.344; 609.345; 609.3451,
subdivision 3new text begin, paragraph (b)new text end; or 609.3453;
(iv) indecent exposure under section 617.23, subdivision 3; or
(v) surreptitious intrusion under the circumstances described in section 609.746,
subdivision 1, paragraph (f);
(2) the person was charged with or petitioned for a violation of, or attempt to violate, or
aiding, abetting, or conspiring to commit any of the following and convicted of or adjudicated
delinquent for that offense or another offense arising out of the same set of circumstances:
(i) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);
(ii) false imprisonment in violation of section 609.255, subdivision 2;
(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in
the sex trafficking of a minor in violation of section 609.322;
(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);
(v) soliciting a minor to engage in sexual conduct in violation of section 609.352,
subdivision 2 or 2a, clause (1);
(vi) using a minor in a sexual performance in violation of section 617.246; or
(vii) possessing pornographic work involving a minor in violation of section 617.247;
(3) the person was sentenced as a patterned sex offender under section 609.3455,
subdivision 3a; or
(4) the person was charged with or petitioned for, including pursuant to a court martial,
violating a law of the United States, including the Uniform Code of Military Justice, similar
to the offenses described in clause (1), (2), or (3), and convicted of or adjudicated delinquent
for that offense or another offense arising out of the same set of circumstances.
(b) A person also shall register under this section if:
(1) the person was charged with or petitioned for an offense in another state that would
be a violation of a law described in paragraph (a) if committed in this state and convicted
of or adjudicated delinquent for that offense or another offense arising out of the same set
of circumstances;
(2) the person enters this state to reside, work, or attend school, or enters this state and
remains for 14 days or longer or for an aggregate period of time exceeding 30 days during
any calendar year; and
(3) ten years have not elapsed since the person was released from confinement or, if the
person was not confined, since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is subject to a longer registration
period under the laws of another state in which the person has been convicted or adjudicated,
or is subject to lifetime registration.
If a person described in this paragraph is subject to a longer registration period in another
state or is subject to lifetime registration, the person shall register for that time period
regardless of when the person was released from confinement, convicted, or adjudicated
delinquent.
(c) A person also shall register under this section if the person was committed pursuant
to a court commitment order under Minnesota Statutes 2012, section 253B.185, chapter
253D, Minnesota Statutes 1992, section 526.10, or a similar law of another state or the
United States, regardless of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony violation or attempt to violate
any of the offenses listed in paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned for a violation of any of the
offenses listed in paragraph (a), clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental illness or mental deficiency
after a trial for that offense, or found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment order under section
253B.18 or a similar law of another state or the United States.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.135, subdivision 2, is amended to read:
(a) If the conviction is for a felony other
than section 609.2113, subdivision 1 or 2, deleted text beginordeleted text end 609.2114, subdivision 2, new text beginor section 609.3451,
subdivision 1, new text endor Minnesota Statutes 2012, section 609.21, subdivision 1a, paragraph (b)
or (c), the stay shall be for not more than four years or the maximum period for which the
sentence of imprisonment might have been imposed, whichever is longer.
(b) If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113,
subdivision 3, or 609.3451, or for a felony described in section 609.2113, subdivision 1 or
2, deleted text beginordeleted text end 609.2114, subdivision 2, new text beginor 609.3451, subdivision 1, new text endthe stay shall be for not more
than six years. The court shall provide for unsupervised probation for the last year of the
stay unless the court finds that the defendant needs supervised probation for all or part of
the last year.
(c) If the conviction is for a gross misdemeanor not specified in paragraph (b), the stay
shall be for not more than two years.
(d) If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision
1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision
1, in which the victim of the crime was a family or household member as defined in section
518B.01, the stay shall be for not more than two years. The court shall provide for
unsupervised probation for the second year of the stay unless the court finds that the
defendant needs supervised probation for all or part of the second year.
(e) If the conviction is for a misdemeanor not specified in paragraph (d), the stay shall
be for not more than one year.
(f) The defendant shall be discharged six months after the term of the stay expires, unless
the stay has been revoked or extended under paragraph (g), or the defendant has already
been discharged.
(g) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to one year
if it finds, at a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution in accordance with the payment
schedule or structure; and
(2) the defendant is likely to not pay the restitution the defendant owes before the term
of probation expires.
This one-year extension of probation for failure to pay restitution may be extended by the
court for up to one additional year if the court finds, at another hearing conducted under
subdivision 1a, that the defendant still has not paid the court-ordered restitution that the
defendant owes.
Nothing in this subdivision limits the court's ability to refer the case to collections under
section 609.104.
(h) Notwithstanding the maximum periods specified for stays of sentences under
paragraphs (a) to (f), a court may extend a defendant's term of probation for up to three
years if it finds, at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered treatment successfully; and
(2) the defendant is likely not to complete court-ordered treatment before the term of
probation expires.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.2325, is amended to read:
deleted text begin(a)deleted text end A caregiver who, with intent to produce physical or mental
pain or injury to a vulnerable adult, subjects a vulnerable adult to any aversive or deprivation
procedure, unreasonable confinement, or involuntary seclusion, is guilty of criminal abuse
and may be sentenced as provided in subdivision 3.
This deleted text beginparagraphdeleted text endnew text begin subdivisionnew text end does not apply to therapeutic conduct.
deleted text begin
(b) A caregiver, facility staff person, or person providing services in a facility who
engages in sexual contact or penetration, as defined in section 609.341, under circumstances
other than those described in sections 609.342 to 609.345, with a resident, patient, or client
of the facility is guilty of criminal abuse and may be sentenced as provided in subdivision
3.
deleted text end
For the purposes of this section, a vulnerable adult is not abused
for the sole reason that:
(1) the vulnerable adult or a person with authority to make health care decisions for the
vulnerable adult under sections 144.651, 144A.44, chapter 145B, 145C, or 252A, or sections
253B.03 or 524.5-101 to 524.5-502, refuses consent or withdraws consent, consistent with
that authority and within the boundary of reasonable medical practice, to any therapeutic
conduct, including any care, service, or procedure to diagnose, maintain, or treat the physical
or mental condition of the vulnerable adult or, where permitted under law, to provide nutrition
and hydration parenterally or through intubation; this paragraph does not enlarge or diminish
rights otherwise held under law by:
(i) a vulnerable adult or a person acting on behalf of a vulnerable adult, including an
involved family member, to consent to or refuse consent for therapeutic conduct; or
(ii) a caregiver to offer or provide or refuse to offer or provide therapeutic conduct;new text begin or
new text end
(2) the vulnerable adult, a person with authority to make health care decisions for the
vulnerable adult, or a caregiver in good faith selects and depends upon spiritual means or
prayer for treatment or care of disease or remedial care of the vulnerable adult in lieu of
medical care, provided that this is consistent with the prior practice or belief of the vulnerable
adult or with the expressed intentions of the vulnerable adultdeleted text begin; ordeleted text endnew text begin.
new text end
deleted text begin
(3) the vulnerable adult, who is not impaired in judgment or capacity by mental or
emotional dysfunction or undue influence, engages in consensual sexual contact with: (i) a
person, including a facility staff person, when a consensual sexual personal relationship
existed prior to the caregiving relationship; or (ii) a personal care attendant, regardless of
whether the consensual sexual personal relationship existed prior to the caregiving
relationship.
deleted text end
deleted text begin(a)deleted text end A person who violates subdivision 1deleted text begin, paragraph (a),deleted text end may be
sentenced as follows:
(1) if the act results in the death of a vulnerable adult, imprisonment for not more than
15 years or payment of a fine of not more than $30,000, or both;
(2) if the act results in great bodily harm, imprisonment for not more than ten years or
payment of a fine of not more than $20,000, or both;
(3) if the act results in substantial bodily harm or the risk of death, imprisonment for not
more than five years or payment of a fine of not more than $10,000, or both; or
(4) in other cases, imprisonment for not more than one year or payment of a fine of not
more than $3,000, or both.
deleted text begin
(b) A person who violates subdivision 1, paragraph (b), may be sentenced to imprisonment
for not more than one year or to payment of a fine of not more than $3,000, or both.
deleted text end
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.324, subdivision 1, is amended to read:
(a) Whoever intentionally does any of the following may be
sentenced to imprisonment for not more than 20 years or to payment of a fine of not more
than $40,000, or both:
(1) engages in prostitution with an individual under the age of deleted text begin13deleted text endnew text begin 14new text end years;
(2) hires or offers or agrees to hire an individual under the age of deleted text begin13deleted text endnew text begin 14new text end years to engage
in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of deleted text begin13deleted text endnew text begin 14new text end years to engage in sexual penetration or sexual contact.
(b) Whoever intentionally does any of the following may be sentenced to imprisonment
for not more than ten years or to payment of a fine of not more than $20,000, or both:
(1) engages in prostitution with an individual under the age of 16 years but at least deleted text begin13deleted text endnew text begin
14new text end years;
(2) hires or offers or agrees to hire an individual under the age of 16 years but at least
deleted text begin 13deleted text endnew text begin 14new text end years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of 16 years but at least 13 years to engage in sexual penetration or sexual
contact.
(c) Whoever intentionally does any of the following may be sentenced to imprisonment
for not more than five years or to payment of a fine of not more than $10,000, or both:
(1) engages in prostitution with an individual under the age of 18 years but at least 16
years;
(2) hires or offers or agrees to hire an individual under the age of 18 years but at least
16 years to engage in sexual penetration or sexual contact; or
(3) hires or offers or agrees to hire an individual who the actor reasonably believes to
be under the age of 18 years but at least 16 years to engage in sexual penetration or sexual
contact.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.341, subdivision 3, is amended to read:
"Force" means new text begineither: (1) new text endthe inflictiondeleted text begin,deleted text endnew text begin by the actor of bodily harm; or
(2) thenew text end attempted infliction, or threatened infliction by the actor of bodily harm or commission
or threat of any other crime by the actor against the complainant or another, which deleted text begin(a)deleted text end causes
the complainant to reasonably believe that the actor has the present ability to execute the
threat deleted text beginand (b) if the actor does not have a significant relationship to the complainant, also
causes the complainant to submitdeleted text end.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.341, subdivision 7, is amended to read:
"Mentally incapacitated" meansnew text begin:
new text end
new text begin (1)new text end that a person under the influence of alcohol, a narcotic, anesthetic, or any other
substance, administered to that person without the person's agreement, lacks the judgment
to give a reasoned consent to sexual contact or sexual penetrationnew text begin; or
new text end
new text begin (2) that a person is under the influence of any substance or substances to a degree that
renders them incapable of consenting or incapable of appreciating, understanding, or
controlling the person's conductnew text end.
new text begin
This section is effective September 15, 2021, and applies to
crimes committed on or after that date.
new text end
Minnesota Statutes 2020, section 609.341, subdivision 11, is amended to read:
(a) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (a) to deleted text begin(f)deleted text endnew text begin (e), and subdivision 1a, clauses (a) to (f) and (i)new text end, and 609.345,
subdivision 1, clauses (a) to deleted text begin(e),