Minnesota Session Laws - 1985, Regular Session

  

                         Laws of Minnesota 1985 

                        CHAPTER 286-H.F.No. 848 
           An act relating to children and families; providing 
          judicial procedures to protect the welfare of alleged 
          child abuse victims and their families; requiring 
          juvenile and criminal courts to give docket priority 
          to child abuse cases; providing for the examination of 
          child witnesses; clarifying the admissibility of 
          certain out-of-court statements; merging the crimes of 
          "intrafamilial sexual abuse" and "criminal sexual 
          conduct" and limiting the discretion of courts to stay 
          sentences of familial sexual abuse defendants;  
          requiring recordkeeping and tape recording guidelines 
          with respect to interviews with child abuse victims; 
          eliminating certain notice requirements; amending 
          Minnesota Statutes 1984, sections 260.011, subdivision 
          2; 260.133, subdivision 2; 260.135, subdivision 1; 
          260.155, by adding a subdivision; 260.156; 260.171, 
          subdivision 4; 260.172, subdivision 4, and by adding 
          subdivisions; 260.191, subdivision 1, and by adding 
          subdivisions; 595.02, subdivision 3; 609.341, by 
          adding a subdivision; 609.342; 609.343; 609.344;  
          609.345; 626.556, subdivision 11, and by adding a 
          subdivision; and 630.36; proposing coding for new law 
          in Minnesota Statutes, chapters 626 and 631; repealing 
          Minnesota Statutes 1984, sections 609.364 to 609.3644. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1984, section 260.011, 
subdivision 2, is amended to read: 
    Subd. 2.  The purpose of the laws relating to juvenile 
courts is to secure for each child alleged or adjudicated 
neglected or dependent and under the jurisdiction of the court, 
the care and guidance, preferably in his own home, as will serve 
the spiritual, emotional, mental, and physical welfare of the 
child and the best interests of the state; to provide judicial 
procedures which protect the welfare of the child; to preserve 
and strengthen the child's family ties whenever possible, 
removing him from the custody of his parents only when his 
welfare or safety cannot be adequately safeguarded without 
removal; and, when the child is removed from his own family, to 
secure for him custody, care and discipline as nearly as 
possible equivalent to that which should have been given by his 
parents.  
    The purpose of the laws relating to children alleged or 
adjudicated to be delinquent is to promote the public safety and 
reduce juvenile delinquency by maintaining the integrity of the 
substantive law prohibiting certain behavior and by developing 
individual responsibility for lawful behavior.  This purpose 
should be pursued through means that are fair and just, that 
recognize the unique characteristics and needs of children, and 
that give children access to opportunities for personal and 
social growth.  
    The laws relating to juvenile courts shall be liberally 
construed to carry out these purposes.  
    Sec. 2.  Minnesota Statutes 1984, section 260.133, 
subdivision 2, is amended to read:  
    Subd. 2.  [TEMPORARY ORDER.] If it appears from the 
notarized petition or by sworn affidavit that there are 
reasonable grounds to believe the child is in immediate and 
present danger of domestic child abuse, the court may grant an 
ex parte temporary order for protection, pending a full 
hearing.  The court may grant relief as it deems proper, 
including an order:  
    (1) restraining any party from committing acts of domestic 
child abuse; or 
    (2) excluding the alleged abusing party from the dwelling 
which the family or household members share or from the 
residence of the child.  
    However, no order excluding the alleged abusing party from 
the dwelling may be issued unless the court finds that:  
    (1) the order is in the best interests of the child or 
children remaining in the dwelling; and 
    (2) a remaining adult family or household member is able to 
care adequately for the child or children in the absence of the 
excluded party; and 
    (3) the local welfare agency has developed a plan to 
provide appropriate social services to the remaining family or 
household members.  
    Before the temporary order is issued, the local welfare 
agency shall advise the court and the other parties who are 
present that appropriate social services will be provided to the 
family or household members during the effective period of the 
order.  
    An ex parte temporary order for protection shall be 
effective for a fixed period not to exceed 14 days.  Within five 
days of the issuance of the temporary order, the petitioner 
shall file a dependency and neglect petition with the court 
pursuant to section 260.131, and the court shall give docket 
priority to the petition.  
    The court may renew the temporary order for protection one 
time for a fixed period not to exceed 14 days if a dependency 
and neglect petition has been filed with the court and if the 
court determines, upon informal review of the case file, that 
the renewal is appropriate. 
    Sec. 3.  Minnesota Statutes 1984, section 260.135, 
subdivision 1, is amended to read: 
    Subdivision 1.  After a petition has been filed and unless 
the parties hereinafter named voluntarily appear, the court 
shall set a time for a hearing and shall issue a summons 
requiring the person who has custody or control of the child to 
appear with the child before the court at a time and place 
stated.  The summons shall have a copy of the petition attached, 
and shall advise the parties of the right to counsel and of the 
consequences of failure to obey the summons.  The court shall 
give docket priority to any dependency, neglect, neglected and 
in foster care, or delinquency petition that contains 
allegations of child abuse over any other case except those 
delinquency matters where a child is being held in a secure 
detention facility.  As used in this subdivision, "child abuse" 
has the meaning given it in section 22, subdivision 2.  
    Sec. 4.  Minnesota Statutes 1984, section 260.155, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [EXAMINATION OF CHILD.] In any dependency, 
neglect, or neglected and in foster care proceeding the court 
may, on its own motion or the motion of any party, take the 
testimony of a child witness informally when it is in the 
child's best interests to do so.  Informal procedures that may 
be used by the court include taking the testimony of a child 
witness outside the courtroom.  The court may also require 
counsel for any party to the proceeding to submit questions to 
the court before the child's testimony is taken, and to submit 
additional questions to the court for the witness after 
questioning has been completed.  The court may excuse the 
presence of the child's parent, guardian, or custodian from the 
room where the child is questioned in accordance with 
subdivision 5. 
    Sec. 5.  Minnesota Statutes 1984, section 260.156, is 
amended to read: 
    260.156 [CERTAIN OUT-OF-COURT STATEMENTS ADMISSIBLE.] 
    An out-of-court statement made by a child under the age of 
ten years alleging, explaining, denying, or describing any act 
of sexual contact or penetration performed with or on the child 
or any act of physical abuse or neglect of the child by another, 
not otherwise admissible by statute or rule of evidence, is 
admissible in evidence in any dependency or neglect proceeding 
or any proceeding for termination of parental rights if:  
    (a) The court finds that the time, content, and 
circumstances of the statement and the reliability of the person 
to whom the statement is made provide sufficient indicia of 
reliability; and 
    (b) The proponent of the statement notifies other parties 
of his intention to offer the statement and the particulars of 
the statement sufficiently in advance of the proceeding at which 
he intends to offer the statement into evidence, to provide the 
parties with a fair opportunity to meet the statement.  
    Sec. 6.  Minnesota Statutes 1984, section 260.171, 
subdivision 4, is amended to read: 
    Subd. 4.  If the person who has taken the child into 
custody determines that the child should be placed in a secure 
detention facility or a shelter care facility, he shall advise 
the child and as soon as is possible, the child's parent, 
guardian, or custodian: 
    (a) of the reasons why the child has been taken into 
custody and why he is being placed in a secure detention 
facility or a shelter care facility; and 
    (b) of the location of the secure detention facility or 
shelter care facility.  If there is reason to believe that 
disclosure of the location of the shelter care facility would 
place the child's health and welfare in immediate endangerment, 
disclosure of the location of the shelter care facility shall 
not be made; and 
    (c) that the child's parent, guardian, or custodian and 
attorney or guardian ad litem may make an initial visit to the 
secure detention facility or shelter care facility at any time.  
Subsequent visits by a parent, guardian, or custodian may be 
made on a reasonable basis during visiting hours and by the 
child's attorney or guardian ad litem at reasonable hours; and 
    (d) that the child may telephone his parents and an 
attorney or guardian ad litem from the secure detention facility 
or shelter care facility immediately after being admitted to the 
facility and thereafter on a reasonable basis to be determined 
by the director of the facility; and 
    (e) that the child may not be detained for acts as defined 
in section 260.015, subdivision 5 at a secure detention facility 
or shelter care facility longer than 36 hours, excluding 
Saturdays, Sundays and holidays, unless a petition has been 
filed within that time and the court orders the child's 
continued detention, pursuant to section 260.172; and 
    (f) that the child may not be detained pursuant to section 
260.165, subdivision 1, clause (a) or (c)(2), at a shelter care 
facility longer than 72 hours, excluding Saturdays, Sundays and 
holidays, unless a petition has been filed within that time and 
the court orders the child's continued detention, pursuant to 
section 260.172; and 
    (g) of the date, time, and place of the detention hearing; 
and 
    (h) that the child and the child's parent, guardian, or 
custodian have the right to be present and to be represented by 
counsel at the detention hearing, and that if they cannot afford 
counsel, counsel will be appointed at public expense for the 
child, if it is a delinquency matter, or for any party, if it is 
a dependency, neglect, neglected and in foster care, or 
termination of parental rights matter. 
    Sec. 7.  Minnesota Statutes 1984, section 260.172, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [PARENTAL VISITATION.] If a child has been taken 
into custody under section 260.135, subdivision 5, or 260.165, 
subdivision 1, clause (c)(2), and the court determines that the 
child should continue in detention, the court shall include in 
its order reasonable rules for supervised or unsupervised 
parental visitation of the child in the shelter care facility 
unless it finds that visitation would endanger the child's 
physical or emotional well-being. 
    Sec. 8.  Minnesota Statutes 1984, section 260.172, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [MENTAL HEALTH TREATMENT.] (a) Except as 
provided in paragraph (b), a child who is held in detention 
because he or she is alleged to be a victim of child abuse as 
defined in section 22, subdivision 2, may not be given mental 
health treatment specifically for the effects of the alleged 
abuse until the court finds that there is probable cause to 
believe the abuse has occurred. 
     (b) A child described in paragraph (a) may be given mental 
health treatment prior to a probable cause finding of child 
abuse if the treatment is either agreed to by the child's parent 
or guardian in writing, or ordered by the court according to the 
standard contained in section 260.191, subdivision 1. 
    Sec. 9.  Minnesota Statutes 1984, section 260.172, 
subdivision 4, is amended to read: 
    Subd. 4.  If a child held in detention under a court order 
issued under subdivision 2 has not been released prior to 
expiration of the order, the court or referee shall informally 
review the child's case file to determine, under the standards 
provided by subdivision 1, whether detention should be 
continued.  If detention is continued thereafter, informal 
reviews such as these shall be held within every eight days, 
excluding Saturdays, Sundays and holidays, of the child's 
detention. 
    A hearing, rather than an informal review of the child's 
case file, shall be held at the request of any one of the 
parties notified pursuant to subdivision 3, if that party 
notifies the court that he wishes to present to the court new 
evidence concerning whether the child should be continued in 
detention. 
    In addition, if a child was taken into detention under 
section 260.135, subdivision 5, or 260.165, subdivision 1, 
clause (c)(2), and is held in detention under a court order 
issued under subdivision 2, the court shall schedule and hold an 
adjudicatory hearing on the petition within 60 days of the 
detention hearing upon the request of any party to the 
proceeding unless good cause is shown by a party to the 
proceeding why the hearing should not be held within that time 
period. 
    Sec. 10.  Minnesota Statutes 1984, section 260.191, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DISPOSITIONS.] If the court finds that the 
child is neglected, dependent, or neglected and in foster care, 
it shall enter an order making any of the following dispositions 
of the case: 
    (a) Place the child under the protective supervision of the 
county welfare board or child placing agency in his own home 
under conditions prescribed by the court directed to the 
correction of the neglect or dependency of the child; 
    (b) Transfer legal custody to one of the following: 
    (1) a child placing agency; or 
    (2) the county welfare board. 
    In placing a child whose custody has been transferred under 
this paragraph, the agency and board shall follow the order of 
preference stated in section 260.181, subdivision 3; 
    (c) If the child is in need of special treatment and care 
for his physical or mental health, the court may order the 
child's parent, guardian, or custodian to provide it.  If the 
parent, guardian, or custodian fails to provide this treatment 
or care, the court may order it provided.  If the court's order 
for mental health treatment is based on a diagnosis made by a 
treatment professional, the court may order that the diagnosing 
professional not provide the treatment to the child if it finds 
that such an order is in the child's best interests. 
    Sec. 11.  Minnesota Statutes 1984, section 260.191, is 
amended by adding a subdivision to read: 
    Subd. 1d.  [PARENTAL VISITATION.] If the court orders that 
the child be placed outside of the child's home or present 
residence, it shall set reasonable rules for supervised or 
unsupervised parental visitation that contribute to the 
objectives of the court order and the maintenance of the 
familial relationship.  No parent may be denied visitation 
unless the court finds at the disposition hearing that the 
visitation would act to prevent the achievement of the order's 
objectives or that it would endanger the child's physical or 
emotional well-being. 
    Sec. 12.  Minnesota Statutes 1984, section 260.191, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [SERVICE OF ORDER.] Any person who provides 
services to a child under a disposition order, or who is subject 
to the conditions of a disposition order shall be served with a 
copy of the order in the manner provided in the rules for 
juvenile courts. 
    Sec. 13.  Minnesota Statutes 1984, section 595.02, 
subdivision 3, is amended to read: 
    Subd. 3.  [CERTAIN OUT-OF-COURT STATEMENTS ADMISSIBLE.] An 
out-of-court statement made by a child under the age of ten 
years alleging, explaining, denying, or describing any act of 
sexual contact or penetration performed with or on the child or 
any act of physical abuse of the child by another, not otherwise 
admissible by statute or rule of evidence, is admissible in 
evidence if:  
    (a) the court or person authorized to receive evidence 
finds, in a hearing conducted outside of the presence of the 
jury, that the time, content, and circumstances of the statement 
and the reliability of the person to whom the statement is made 
provide sufficient indicia of reliability; and 
    (b) the child either:  
    (i) testifies at the proceedings; or 
    (ii) is unavailable as a witness and there is corroborative 
evidence of the act; and 
    (c) the proponent of the statement notifies the adverse 
party of his intention to offer the statement and the 
particulars of the statement sufficiently in advance of the 
proceeding at which he intends to offer the statement into 
evidence to provide the adverse party with a fair opportunity to 
prepare to meet the statement.  
    Sec. 14.  Minnesota Statutes 1984, section 609.341, is 
amended by adding a subdivision to read: 
    Subd. 15.  [SIGNIFICANT RELATIONSHIP.] "Significant 
relationship" means a situation in which the actor is:  
    (1) the complainant's parent, stepparent, or guardian;  
    (2) any of the following persons related to the complainant 
by blood, marriage, or adoption:  brother, sister, stepbrother, 
stepsister, first cousin, aunt, uncle, nephew, niece, 
grandparent, great-grandparent, great-uncle, great-aunt; or 
    (3) an adult who jointly resides intermittently or 
regularly in the same dwelling as the complainant and who is not 
the complainant's spouse.  
    Sec. 15.  Minnesota Statutes 1984, section 609.342, is 
amended to read: 
    609.342 [CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE.] 
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the first degree and may be sentenced 
to imprisonment for not more than 20 years or to payment of a 
fine of not more than $35,000, or both, if he engages in sexual 
penetration with another person and if any of the following 
circumstances exists: 
    (a) The complainant is under 13 years of age and the actor 
is more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant is a defense; or 
    (b) The complainant is at least 13 but less than 16 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit.  
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense; or 
    (c) Circumstances existing at the time of the act cause the 
complainant to have a reasonable fear of imminent great bodily 
harm to the complainant or another; or 
    (d) The actor is armed with a dangerous weapon or any 
article used or fashioned in a manner to lead the complainant to 
reasonably believe it to be a dangerous weapon and uses or 
threatens to use the weapon or article to cause the complainant 
to submit; or 
    (e) The actor causes personal injury to the complainant, 
and either of the following circumstances exist: 
    (i) The actor uses force or coercion to accomplish sexual 
penetration; or 
    (ii) The actor knows or has reason to know that the 
complainant is mentally defective, mentally incapacitated, or 
physically helpless; or 
    (f) The actor is aided or abetted by one or more 
accomplices within the meaning of section 609.05, and either of 
the following circumstances exists: 
    (i) An accomplice uses force or coercion to cause the 
complainant to submit; or 
    (ii) An accomplice is armed with a dangerous weapon or any 
article used or fashioned in a manner to lead the complainant 
reasonably to believe it to be a dangerous weapon and uses or 
threatens to use the weapon or article to cause the complainant 
to submit;  
    (g) The actor has a significant relationship to the 
complainant and the complainant was under 16 years of age at the 
time of the sexual penetration.  Neither mistake as to the 
complainant's age nor consent to the act by the complainant is a 
defense; or 
    (h) The actor has a significant relationship to the 
complainant, the complainant was under 16 years of age at the 
time of the sexual penetration, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the penetration;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) the sexual abuse involved multiple acts committed over 
an extended period of time. 
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense. 
    Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
may be sentenced to imprisonment for not more than 20 years or 
to a payment of a fine of not more than $35,000, or both. 
    Subd. 3.  [STAY.] Except when imprisonment is required 
under section 609.346, if a person is convicted under 
subdivision 1, clause (g), the court may stay imposition or 
execution of the sentence if it finds that: 
    (a) a stay is in the best interest of the complainant or 
the family unit; and 
    (b) a professional assessment indicates that the offender 
has been accepted by and can respond to a treatment program. 
    If the court stays imposition or execution of sentence, it 
shall include the following as conditions of probation: 
    (1) incarceration in a local jail or workhouse; and 
    (2) a requirement that the offender complete a treatment 
program.  
    Sec. 16.  Minnesota Statutes 1984, section 609.343, is 
amended to read: 
    609.343 [CRIMINAL SEXUAL CONDUCT IN THE SECOND DEGREE.] 
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the second degree and may be 
sentenced to imprisonment for not more than 15 years or to 
payment of a fine of not more than $30,000, or both, if he 
engages in sexual contact with another person and if any of the 
following circumstances exists: 
    (a) The complainant is under 13 years of age and the actor 
is more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant is a defense.  In a prosecution under this 
clause, the state is not required to prove that the sexual 
contact was coerced; or 
    (b) The complainant is at least 13 but less than 16 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit.  
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense; or 
    (c) Circumstances existing at the time of the act cause the 
complainant to have a reasonable fear of imminent great bodily 
harm to the complainant or another; or 
    (d) The actor is armed with a dangerous weapon or any 
article used or fashioned in a manner to lead the complainant to 
reasonably believe it to be a dangerous weapon and uses or 
threatens to use the dangerous weapon to cause the complainant 
to submit; or 
    (e) The actor causes personal injury to the complainant, 
and either of the following circumstances exist: 
    (i) The actor uses force or coercion to accomplish the 
sexual contact; or 
    (ii) The actor knows or has reason to know that the 
complainant is mentally defective, mentally incapacitated, or 
physically helpless; or 
    (f) The actor is aided or abetted by one or more 
accomplices within the meaning of section 609.05, and either of 
the following circumstances exists: 
    (i) An accomplice uses force or coercion to cause the 
complainant to submit; or 
    (ii) An accomplice is armed with a dangerous weapon or any 
article used or fashioned in a manner to lead the complainant to 
reasonably believe it to be a dangerous weapon and uses or 
threatens to use the weapon or article to cause the complainant 
to submit;  
    (g) The actor has a significant relationship to the 
complainant and the complainant was under 16 years of age at the 
time of the sexual contact.  Neither mistake as to the 
complainant's age nor consent to the act by the complainant is a 
defense; or 
    (h) The actor has a significant relationship to the 
complainant, the complainant was under 16 years of age at the 
time of the sexual contact, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the contact;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) the sexual abuse involved multiple acts committed over 
an extended period of time. 
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense. 
    Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
may be sentenced to imprisonment for not more than 15 years or 
to a payment of a fine of not more than $30,000, or both. 
    Subd. 3.  [STAY.] Except when imprisonment is required 
under section 609.346, if a person is convicted under 
subdivision 1, clause (g), the court may stay imposition or 
execution of the sentence if it finds that: 
    (a) a stay is in the best interest of the complainant or 
the family unit; and 
    (b) a professional assessment indicates that the offender 
has been accepted by and can respond to a treatment program. 
    If the court stays imposition or execution of sentence, it 
shall include the following as conditions of probation: 
    (1) incarceration in a local jail or workhouse; and 
    (2) a requirement that the offender complete a treatment 
program.  
    Sec. 17.  Minnesota Statutes 1984, section 609.344, is 
amended to read: 
    609.344 [CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE.] 
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the third degree and may be sentenced 
to imprisonment for not more than ten years, or to payment of a 
fine of not more than $20,000, or both, if he engages in sexual 
penetration with another person and any of the following 
circumstances exists:  
    (a) The complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant shall be a defense; or 
    (b) The complainant is at least 13 but less than 16 years 
of age and the actor is more than 24 months older than the 
complainant.  In any such case it shall be an affirmative 
defense, which must be proved by a preponderance of the 
evidence, that the actor believes the complainant to be 16 years 
of age or older.  If the actor in such a case is no more than 48 
months but more than 24 months older than the complainant, he 
may be sentenced to imprisonment for not more than five years.  
Consent by the complainant is not a defense; or 
    (c) The actor uses force or coercion to accomplish the 
penetration; or 
    (d) The actor knows or has reason to know that the 
complainant is mentally defective, mentally incapacitated, or 
physically helpless; or 
    (e) The complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit. 
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense;  
    (f) The actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual penetration.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant is a defense; or 
    (g) The actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual penetration, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the penetration;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) the sexual abuse involved multiple acts committed over 
an extended period of time. 
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense. 
    Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
may be sentenced to imprisonment for not more than ten years or 
to a payment of a fine of not more than $20,000, or both. 
    Subd. 3.  [STAY.] Except when imprisonment is required 
under section 609.346, if a person is convicted under 
subdivision 1, clause (f), the court may stay imposition or 
execution of the sentence if it finds that: 
    (a) a stay is in the best interest of the complainant or 
the family unit; and 
    (b) a professional assessment indicates that the offender 
has been accepted by and can respond to a treatment program. 
     If the court stays imposition or execution of sentence, it 
shall include the following as conditions of probation: 
     (1) incarceration in a local jail or workhouse; and 
     (2) a requirement that the offender complete a treatment 
program.  
    Sec. 18.  Minnesota Statutes 1984, section 609.345, is 
amended to read: 
    609.345 [CRIMINAL SEXUAL CONDUCT IN THE FOURTH DEGREE.] 
    Subdivision 1.  [CRIME DEFINED.] A person is guilty of 
criminal sexual conduct in the fourth degree 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, if he 
engages in sexual contact with another person and if any of the 
following circumstances exists: 
    (a) The complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age or consent to the act by the 
complainant is a defense.  In a prosecution under this clause, 
the state is not required to prove that the sexual contact was 
coerced; or 
    (b) The complainant is at least 13 but less than 16 years 
of age and the actor is more than 48 months older than the 
complainant or in a position of authority over the complainant 
and uses this authority to cause the complainant to submit.  In 
any such case, it shall be an affirmative defense which must be 
proved by a preponderance of the evidence that the actor 
believes the complainant to be 16 years of age or older; or 
    (c) The actor uses force or coercion to accomplish the 
sexual contact; or 
    (d) The actor knows or has reason to know that the 
complainant is mentally defective, mentally incapacitated, or 
physically helpless; or 
    (e) The complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit. 
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense;  
    (f) The actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual contact.  Neither mistake 
as to the complainant's age nor consent to the act by the 
complainant is a defense; or 
    (g) The actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual contact, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the contact;  
    (ii) the actor or an accomplice was armed with a dangerous 
weapon or any article used or fashioned in a manner to lead the 
complainant to reasonably believe it could be a dangerous weapon 
and used or threatened to use the dangerous weapon;  
    (iii) circumstances existed at the time of the act to cause 
the complainant to have a reasonable fear of imminent great 
bodily harm to the complainant or another;  
    (iv) the complainant suffered personal injury; or 
    (v) the sexual abuse involved multiple acts committed over 
an extended period of time. 
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense. 
    Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
may be sentenced to imprisonment for not more than five years or 
to a payment of a fine of not more than $10,000, or both. 
    Subd. 3.  [STAY.] Except when imprisonment is required 
under section 609.346, if a person is convicted under 
subdivision 1, clause (f), the court may stay imposition or 
execution of the sentence if it finds that: 
    (a) a stay is in the best interest of the complainant or 
the family unit; and 
    (b) a professional assessment indicates that the offender 
has been accepted by and can respond to a treatment program. 
     If the court stays imposition or execution of sentence, it 
shall include the following as conditions of probation: 
     (1) incarceration in a local jail or workhouse; and 
     (2) a requirement that the offender complete a treatment 
program. 
    Sec. 19.  Minnesota Statutes 1984, section 626.556, 
subdivision 11, is amended to read: 
    Subd. 11.  [RECORDS.] All records maintained by a local 
welfare agency under this section, including any written reports 
filed under subdivision 7, shall be private data on individuals, 
except insofar as copies of reports are required by subdivision 
7 to be sent to the local police department or the county 
sheriff.  Report records maintained by any police department or 
the county sheriff shall be private data on individuals except 
the reports shall be made available to the investigating, 
petitioning, or prosecuting authority.  The welfare board shall 
make available to the investigating, petitioning, or prosecuting 
authority any records which contain information relating to a 
specific incident of neglect or abuse which is under 
investigation, petition, or prosecution and information relating 
to any prior incidents of neglect or abuse involving any of the 
same persons.  The records shall be collected and maintained in 
accordance with the provisions of chapter 13.  In conducting 
investigations and assessments pursuant to this section, the 
notice required by section 13.04, subdivision 2, need not be 
provided to a minor under the age of 10 who is the alleged 
victim of abuse or neglect.  An individual subject of a record 
shall have access to the record in accordance with those 
sections, except that the name of the reporter shall be 
confidential while the report is under assessment or 
investigation.  After the assessment or investigation is 
completed, the name of the reporter shall be confidential but 
shall be accessible to the individual subject of the record upon 
court order.  
    Records maintained by local welfare agencies, the police 
department or county sheriff under this section shall be 
destroyed as described in clauses (a) to (c): 
     (a) If upon assessment or investigation a report is found 
to be unsubstantiated, notice of intent to destroy records of 
the report shall be mailed to the individual subject of the 
report.  At the subject's request the records shall be 
maintained as private data.  If no request from the subject is 
received within 30 days of mailing the notice of intent to 
destroy, the records shall be destroyed. 
     (b) All records relating to reports which, upon assessment 
or investigation, are found to be substantiated shall be 
destroyed seven years after the date of the final entry in the 
case record. 
     (c) All records of reports which, upon initial assessment 
or investigation, cannot be substantiated or disproved to the 
satisfaction of the local welfare agency, local police 
department or county sheriff may be kept for a period of one 
year.  If the local welfare agency, local police department or 
county sheriff is unable to substantiate the report within that 
period, each agency unable to substantiate the report shall 
destroy its records relating to the report in the manner 
provided by clause (a). 
    Sec. 20.  Minnesota Statutes 1984, section 626.556, is 
amended by adding a subdivision to read:  
    Subd. 11a.  [DISCLOSURE OF INFORMATION NOT REQUIRED IN 
CERTAIN CASES.] When interviewing a minor under subdivision 10, 
an individual does not include the parent or guardian of the 
minor for purposes of section 13.04, subdivision 2, when the 
parent or guardian is the alleged perpetrator of the abuse or 
neglect.  
    Sec. 21.  [626.561] [INTERVIEWS WITH CHILD ABUSE VICTIMS.] 
    Subdivision 1.  [POLICY.] It is the policy of this state to 
encourage adequate and accurate documentation of the number and 
content of interviews conducted with alleged child abuse victims 
during the course of a child abuse assessment, criminal 
investigation, or prosecution, and to discourage interviews that 
are unnecessary, duplicative, or otherwise not in the best 
interests of the child. 
    Subd. 2.  [DEFINITIONS.] As used in this section: 
    (a) "child abuse" means physical or sexual abuse as defined 
in section 626.556, subdivision 2; 
    (b) "government employee" means an employee of a state or 
local agency, and any person acting as an agent of a state or 
local agency;  
    (c) "interview" means a statement of an alleged child abuse 
victim which is given or made to a government employee during 
the course of a child abuse assessment, criminal investigation, 
or prosecution; and 
     (d) "record" means an audio or videotape recording of an 
interview, or a written record of an interview. 
    Subd. 3.  [RECORD REQUIRED.] Whenever an interview is 
conducted, the interviewer must make a record of the interview.  
The record must contain the following information: 
    (1) the date, time, place, and duration of the interview; 
    (2) the identity of the persons present at the interview; 
and 
    (3) if the record is in writing, a summary of the 
information obtained during the interview. 
    The records shall be maintained by the interviewer in 
accordance with applicable provisions of section 626.556, 
subdivision 11 and chapter 13. 
    Subd. 4.  [GUIDELINES ON TAPE RECORDING OF 
INTERVIEWS.] Every county attorney's office shall be responsible 
for developing written guidelines on the tape recording of 
interviews by government employees who conduct child abuse 
assessments, criminal investigations, or prosecutions.  The 
guidelines are public data as defined in section 13.02, 
subdivision 14. 
    Sec. 22.  Minnesota Statutes 1984, section 630.36, is 
amended to read: 
    630.36 [ISSUES, HOW DISPOSED OF.] 
    Subdivision 1.  [ORDER.] The issues on the calendar shall 
be disposed of in the following order, unless, upon the 
application of either party, for good cause, the court directs 
an indictment or complaint to be tried out of its order: 
    (1) Indictments or complaints for felony, where the 
defendant is in custody; 
    (2) Indictments or complaints for misdemeanor, where the 
defendant is in custody; 
    (3) Indictments or complaints alleging child abuse, as 
defined in subdivision 2, where the defendant is on bail; 
    (4) Indictments or complaints for felony, where the 
defendant is on bail; and 
    (4) (5) Indictments or complaints for misdemeanor, where 
the defendant is on bail.  
    After his plea, the defendant shall be entitled to at least 
four days to prepare for his trial, if he requires it.  
    Subd. 2.  [CHILD ABUSE DEFINED.] As used in subdivision 1, 
"child abuse" means any act which involves a minor victim and 
which constitutes a violation of section 609.221, 609.222, 
609.223, 609.2231, 609.255, 609.321, 609.322, 609.323, 609.324, 
609.342, 609.343, 609.344, 609.345, 609.377, 609.378, or 
617.246, or section 609.224 if the minor victim is a family or 
household member of the defendant. 
    Sec. 23.  [631.046] [AUTHORIZING PRESENCE OF PARENT FOR 
MINOR PROSECUTING WITNESS.] 
    Notwithstanding any other law, a prosecuting witness under 
18 years of age in a case involving child abuse as defined in 
section 22, subdivision 2, may choose to have in attendance a 
parent, guardian, or other supportive person, whether or not a 
witness, at the omnibus hearing or at the trial, during 
testimony of the prosecuting witness.  If the person so chosen 
is also a prosecuting witness, the prosecution shall present on 
noticed motion, evidence that the person's attendance is both 
desired by the prosecuting witness for support and will be 
helpful to the prosecuting witness.  Upon that showing the court 
shall grant the request unless information presented by the 
defendant or noticed by the court establishes that the support 
person's attendance during the testimony of the prosecuting 
witness would pose a substantial risk of influencing or 
affecting the content of that testimony. 
     Sec. 24.  [REPEALER.] 
     Minnesota Statutes 1984, sections 609.364, 609.3641, 
609.3642, 609.3643, and 609.3644, are repealed. 
    Approved May 31, 1985