Minnesota Session Laws - 1985, 1st Special Session

 

                         Laws of Minnesota 1985 

                          CHAPTER 4-S.F.No. 8 
           An act relating to public safety; providing and 
          enhancing penalties upon conviction of certain hit and 
          run violations; subjecting rules relating to drunk 
          driving to certain provisions of the administrative 
          procedure act; providing for the application of 
          certain traffic regulations; eliminating redundant and 
          surplus language; providing for access to drivers 
          license photographic negatives; providing for crime 
          victim services and reparations; creating a crime 
          victim ombudsman and advisory council; amending 
          Minnesota Statutes 1984, sections 14.02, subdivision 
          4; 169.02, subdivision 1; 169.09, subdivision 14; 
          169.121, subdivision 1; 169.123, subdivision 2; 
          169.128; 169.129; 171.07, subdivision 1a; 611A.52; 
          611A.53, subdivision 2; 611A.54; 611A.55, subdivisions 
          1 and 2; and 611A.56, subdivision 1; proposing coding 
          for new law in Minnesota Statutes, chapter 611A.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
   Section 1.  Minnesota Statutes 1984, section 14.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [RULE.] "Rule" means every agency statement of 
general applicability and future effect, including amendments, 
suspensions, and repeals of rules, adopted to implement or make 
specific the law enforced or administered by it or to govern its 
organization or procedure.  It does not include (a) rules 
concerning only the internal management of the agency or other 
agencies, and which do not directly affect the rights of or 
procedure available to the public; (b) rules of the commissioner 
of corrections relating to the internal management of 
institutions under the commissioner's control and those rules 
governing the inmates thereof prescribed pursuant to section 
609.105; (c) rules of the division of game and fish published in 
accordance with section 97.53; (d) rules relating to weight 
limitations on the use of highways when the substance of the 
rules is indicated to the public by means of signs; (e) opinions 
of the attorney general; (f) the systems architecture plan and 
long range plan of the state education management information 
system provided by section 121.931; (g) the data element 
dictionary and the annual data acquisition calendar of the 
department of education to the extent provided by section 
121.932; (h) the comprehensive statewide plan of the crime 
control planning board provided in section 299A.03; (i) special 
terms and conditions for an interim certificate of confirmation 
of the Minnesota cable communications board provided in section 
238.09; or (j) occupational safety and health standards provided 
in section 182.655; or (k) rules of the commissioner of public 
safety adopted pursuant to section 169.128. 
    Sec. 2.  Minnesota Statutes 1984, section 169.02, 
subdivision 1, is amended to read:  
    Subdivision 1.  The provisions of this chapter relating to 
the operation of vehicles refer exclusively to the operation of 
vehicles upon highways, and upon highways, streets, private 
roads, and roadways situated on property owned, leased, or 
occupied by the regents of the University of Minnesota, or the 
University of Minnesota, except: 
    (1) Where a different place is specifically referred to in 
a given section; 
    (2) The provisions of sections 169.09 to 169.13 shall apply 
upon highways and elsewhere throughout the state to any person 
who drives, operates, or is in physical control of a motor 
vehicle within this state or upon the ice of any boundary water 
of this state. 
    Sec. 3.  Minnesota Statutes 1984, section 169.09, 
subdivision 14, is amended to read: 
    Subd. 14.  [PENALTIES.] (a) The driver of any vehicle who 
violates subdivision 1 or 6 and who caused the accident is 
punishable as follows:  
    (1) If the accident results in the death of any person, the 
driver is guilty of a felony and may be sentenced to 
imprisonment for not more than five ten years, or to payment of 
a fine of not more than $10,000 $20,000, or both; or 
    (2) If the accident results in great bodily harm to any 
person, as defined in section 609.02, subdivision 8, the driver 
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; or 
    (3) If the accident results in substantial bodily harm to 
any person, as defined in section 609.02, subdivision 7a, the 
driver is 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 $5,000, or both.  
    (b) The driver of any vehicle who violates subdivision 1 or 
6 and who did not cause the accident is punishable as follows:  
    (1) If the accident results in the death of any person, the 
driver is guilty of a felony and may be sentenced to 
imprisonment for not more than five three years, or to payment 
of a fine of not more than $10,000 $5,000, or both;  
    (2) If the accident results in great bodily harm to any 
person, as defined in section 609.02, subdivision 8, the driver 
is guilty of a felony and may be sentenced to imprisonment for 
not more than three years one year and one day, or to payment of 
a fine of not more than $5,000 $3,000, or both; or 
    (3) If the accident results in substantial bodily harm to 
any person, as defined in section 609.02, subdivision 7a, the 
driver 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.  
    (c) The driver of any vehicle involved in an accident not 
resulting in substantial bodily harm or death who violates 
subdivision 1 or 6 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.  
    (d) Any person who violates subdivision 3, clause (b) is 
guilty of a petty misdemeanor.  
    (e) Any person who violates subdivision 2, subdivision 3, 
clause (a), or subdivision 4, 5, 7, 8, 10, 11, or 12 is guilty 
of a misdemeanor. 
    The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section shall also be responsible for 
prosecution of gross misdemeanor violations of this section. 
    Sec. 4.  Minnesota Statutes 1984, section 169.121, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CRIME.] It is a misdemeanor for any person 
to drive, operate or be in physical control of any motor vehicle 
within this state or upon the ice of any boundary water of this 
state: 
    (a) When the person is under the influence of alcohol; 
    (b) When the person is under the influence of a controlled 
substance; 
    (c) When the person is under the influence of a combination 
of any two or more of the elements named in clauses (a) and (b); 
    (d) When the person's alcohol concentration is 0.10 or more;
or 
    (e) When the person's alcohol concentration as measured 
within two hours of the time of driving is 0.10 or more.  
    The provisions of this subdivision apply, but are not 
limited in application, to any person who drives, operates, or 
is in physical control of any motor vehicle in the manner 
prohibited by this subdivision upon the ice of any lake, stream, 
or river, including but not limited to the ice of any boundary 
water. 
    Sec. 5.  Minnesota Statutes 1984, section 169.123, 
subdivision 2, is amended to read: 
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
OF TEST.] (a) Any person who drives, operates, or is in physical 
control of a motor vehicle within this state or upon the ice of 
any boundary water of this state consents, subject to the 
provisions of this section and section 169.121, to a chemical 
test of his blood, breath, or urine for the purpose of 
determining the presence of alcohol or a controlled substance.  
The test shall be administered at the direction of a peace 
officer.  The test may be required of a person when an officer 
has probable cause to believe the person was driving, operating, 
or in physical control of a motor vehicle in violation of 
section 169.121 and one of the following conditions exist:  (1) 
the person has been lawfully placed under arrest for violation 
of section 169.121, or an ordinance in conformity with it; or 
(2) the person has been involved in a motor vehicle accident or 
collision resulting in property damage, personal injury, or 
death; or (3) the person has refused to take the screening test 
provided for by section 169.121, subdivision 6; or (4) the 
screening test was administered and recorded an alcohol 
concentration of 0.10 or more.  
    (b) At the time a test is requested, the person shall be 
informed: 
    (1) that Minnesota law requires the person to take a test 
to determine if the person is under the influence of alcohol or 
a controlled substance;  
    (2) that if testing is refused, the person's right to drive 
will be revoked for a minimum period of one year or, if the 
person is under the age of 18 years, for a period of one year or 
until he or she reaches the age of 18 years, whichever is 
greater; 
    (3) that if a test is taken and the results indicate that 
the person is under the influence of alcohol or a controlled 
substance, the person will be subject to criminal penalties and 
the person's right to drive may be revoked for a minimum period 
of 90 days or, if the person is under the age of 18 years, for a 
period of six months or until he or she reaches the age of 18 
years, whichever is greater; 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by a person of his own choosing; and 
    (5) that if he refuses to take a test, the refusal will be 
offered into evidence against him at trial. 
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  However, if the officer directs that the test 
shall be of a person's blood or urine, the person may choose 
whether the test shall be of his blood or urine.  
    Sec. 6.  Minnesota Statutes 1984, section 169.128, is 
amended to read:  
    169.128 [RULES OF THE COMMISSIONER OF PUBLIC SAFETY.] 
    The commissioner of public safety may promulgate permanent 
rules to carry out the provisions of sections 169.121 and 
169.123 and until December 31, 1985, emergency rules to 
implement any statutory changes enacted by the 1985 legislature 
pertaining to issues of implied consent and driving while under 
the influence.  The rules may include forms for notice of 
intention to revoke, which shall describe clearly the right to a 
hearing, the procedure for requesting a hearing, and the 
consequences of failure to request a hearing; forms for 
revocation and notice of reinstatement of driving privileges as 
provided in section 169.1261; and forms for temporary licenses. 
    Rules promulgated pursuant to this section are exempt from 
the administrative procedure act but, to the extent authorized 
by law to adopt rules, the commissioner may use the provisions 
of section 14.38, subdivisions 5 to 9 subject to sections 14.01 
to 14.20 and 14.29 to 14.69. 
    Sec. 7.  Minnesota Statutes 1984, section 169.129, is 
amended to read: 
    169.129 [AGGRAVATED VIOLATIONS; PENALTY.] 
    Any person who drives, operates, or is in physical control 
of a motor vehicle, the operation of which requires a driver's 
license, within this state or upon the ice of any boundary water 
of this state in violation of section 169.121 or an ordinance in 
conformity with it before his driver's license or driver's 
privilege has been reinstated following its cancellation, 
suspension or revocation (1) because he drove, operated, or was 
in physical control of a motor vehicle while under the influence 
of alcohol or a controlled substance or while he had an alcohol 
concentration of 0.10 or more or (2) because he refused to take 
a test which determines the presence of alcohol or a controlled 
substance when requested to do so by a proper authority, is 
guilty of a gross misdemeanor. Jurisdiction over prosecutions 
under this section is in the county court. 
    Sec. 8.  Minnesota Statutes 1984, section 171.07, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [PHOTOGRAPHIC NEGATIVES; FILING; DATA 
CLASSIFICATION.] The department shall file, or contract to file, 
all photographic negatives obtained in the process of issuing 
driver licenses or Minnesota identification cards.  The 
negatives shall be private data pursuant to section 13.02, 
subdivision 12.  Notwithstanding section 13.04, subdivision 3, 
the department shall not be required to provide copies of 
photographic negatives to data subjects.  The use of the files 
is restricted to the issuance and control of driver licenses and 
for law enforcement purposes in the investigation and 
prosecution of felonies and violations of sections 169.09, 
169.121, 169.123, 169.129, 171.22, 171.24, 171.30, or 609.487, 
subdivision 3. 
    Sec. 9.  [RULES REPEALED.] 
    Minnesota Rules, chapter 7412 is repealed.  The 
commissioner of public safety may adopt rules to carry out the 
provisions of sections 169.121 and 169.123 only pursuant to 
section 169.128. 
    Sec. 10.  Minnesota Statutes 1984, section 611A.52, is 
amended to read: 
    611A.52 [DEFINITIONS.] 
    For the purposes of sections 611A.51 to 611A.67 the 
following terms shall have the meanings given them: 
    (1) "Accomplice" means any person who would be held 
criminally liable for the crime of another pursuant to section 
609.05. 
    (2) "Board" means the crime victims reparations board 
established by section 611A.55. 
    (3) "Claimant" means a person entitled to apply for 
reparations pursuant to sections 611A.51 to 611A.67. 
    (4) "Collateral source" means a source of benefits or 
advantages for economic loss otherwise reparable under sections 
611A.51 to 611A.67 which the victim or claimant has received, or 
which is readily available to him, from: 
    (a) the offender; 
    (b) the government of the United States or any agency 
thereof, a state or any of its political subdivisions, or an 
instrumentality of two or more states, unless the law providing 
for the benefits or advantages makes them excess or secondary to 
benefits under sections 611A.51 to 611A.67; 
    (c) social security, medicare, and medicaid; 
    (d) state required temporary nonoccupational disability 
insurance; 
    (e) workers' compensation; 
    (f) wage continuation programs of any employer; 
    (g) proceeds of a contract of insurance payable to the 
victim for economic loss which he sustained because of the crime;
    (h) a contract providing prepaid hospital and other health 
care services, or benefits for disability; or 
    (i) any private source as a voluntary donation or gift. 
    The term does not include a life insurance contract. 
    (5) (a) "Crime" means conduct that 
    (i) occurs or is attempted in this state, 
    (ii) poses a substantial threat of personal injury or 
death, and 
    (iii) is included within the definition of "crime" in 
Minnesota Statutes 1971, section 609.02, subdivision 1, or would 
be included within that definition but for the fact that the 
person engaging in the conduct lacked capacity to commit the 
crime under the laws of this state. 
    (b) A crime occurs whether or not any person is prosecuted 
or convicted but the conviction of a person whose acts give rise 
to the claim is conclusive evidence that a crime was committed 
unless an application for rehearing, appeal, or petition for 
certiorari is pending or a new trial or rehearing has been 
ordered. 
    (c) "Crime" does not include conduct arising out of the use 
of a motor vehicle, as defined in section 169.01, subdivision 2, 
an aircraft or watercraft unless 
    (i) the conduct was intended to cause personal injury or 
death, or 
    (ii) the use of the motor vehicle, aircraft or watercraft 
in the commission of a felony was a proximate cause of the 
victim's injury or death, or 
     (iii) the claim arises out of a violation of section 609.21.
    (6) "Dependent" means any person who was dependent upon a 
deceased victim for support at the time of the crime. 
    (7) "Economic loss" means actual economic detriment 
incurred as a direct result of injury or death. 
    (a) In the case of injury the term is limited to: 
    (i) reasonable expenses incurred for necessary medical, 
chiropractic, hospital, rehabilitative, and dental products, 
services, or accommodations, including ambulance services, 
drugs, appliances and prosthetic devices; 
    (ii) reasonable expenses incurred for psychological or 
psychiatric products, services or accommodations where the 
nature of the injury or the circumstances of the crime are such 
that the treatment is necessary to the rehabilitation of the 
victim; 
    (iii) loss of income the victim would have earned had he 
not been injured; and 
    (iv) reasonable expenses incurred for substitute child care 
or household services to replace those the victim would have 
performed had he not been injured. 
    (b) In the case of death the term is limited to: 
    (i) reasonable expenses incurred for funeral, burial or 
cremation; 
    (ii) reasonable expenses for medical, chiropractic, 
hospital, rehabilitative, psychological and psychiatric 
services, products or accommodations which were incurred prior 
to the victim's death and for which the victim's survivors or 
estate are liable; 
    (iii) loss of support, including contributions of money, 
products or goods, but excluding services which the victim would 
have supplied to his dependents if he had lived; and 
    (iv) reasonable expenses incurred for substitute child care 
and household services to replace those which the victim would 
have performed for the benefit of his dependents if he had lived.
    (8) "Injury" means actual bodily harm including pregnancy 
and mental or nervous shock. 
    (9) "Victim" means a person who suffers personal injury or 
death as a direct result of 
    (a) a crime; 
    (b) the good faith effort of any person to prevent a crime; 
or 
    (c) the good faith effort of any person to apprehend a 
person suspected of engaging in a crime. 
    Sec. 11.  Minnesota Statutes 1984, section 611A.53, 
subdivision 2, is amended to read: 
    Subd. 2.  No reparations shall be awarded to a claimant 
otherwise eligible if 
    (a) the crime was not reported to the police within five 
days of its occurrence or, if it could not reasonably have been 
reported within that period, within five days of the time when a 
report could reasonably have been made; 
    (b) the victim or claimant failed or refused to cooperate 
fully with the police and other law enforcement officials; 
    (c) the victim is the spouse of or a person living in the 
same household with the offender or his accomplice or the 
parent, child, brother or sister of the offender or his 
accomplice unless the board determined that the interests of 
justice otherwise require in a particular case; 
    (d) the claimant was the offender or an accomplice of the 
offender or an award to the claimant would unjustly benefit the 
offender or an accomplice; or 
    (e) (d) no claim was filed with the board within one year 
of victim's injury or death but if it could not have been made 
within that period, then the claim can be made within one year 
of the time when a claim could have been made; or 
    (f) (e) the claim is less than $100. 
    The limitations contained in clauses (a) and (d) do not 
apply to victims of domestic child abuse as defined in section 
260.015, subdivision 24. 
    Sec. 12.  Minnesota Statutes 1984, section 611A.54, is 
amended to read: 
    611A.54 [AMOUNT OF REPARATIONS.] 
    Reparations shall equal economic loss except that: 
    (1) reparations shall be reduced to the extent that 
economic loss is recouped from a collateral source or collateral 
sources; 
    (2) reparations shall be reduced to the extent, if any, 
that the board deems reasonable because of the contributory 
misconduct of the claimant or of a victim through whom he claims 
and by the first $100 of economic loss; and 
    (3) reparations paid to all claimants suffering economic 
loss as the result of the injury or death of any one victim 
shall not exceed $25,000 $50,000. 
    Sec. 13.  Minnesota Statutes 1984, section 611A.55, 
subdivision 1, is amended to read:  
    Subdivision 1.  There is created in the department of 
public safety, for budgetary and administrative purposes, the 
crime victims reparations board, which shall consist of three 
five members appointed by the commissioner of public safety and 
selected from among the membership of the crime victim and 
witness advisory council created in section 17.  One of the 
members shall be designated as chairman chairperson by the 
commissioner of public safety and serve as such at his 
pleasure.  At least one member shall be a person who is admitted 
to the bar of this state, and At least one member shall be a 
medical or osteopathic physician licensed to practice in this 
state, and at least one member shall be a victim, as defined in 
section 611A.01.  
    Sec. 14.  Minnesota Statutes 1984, section 611A.55, 
subdivision 2, is amended to read: 
    Subd. 2.  The membership terms, compensation, removal of 
members, and filling of vacancies on the board shall be as 
provided in section 15.0575.  Members of the board who are also 
members of the crime victim and witness advisory council created 
in section 17 shall not be compensated while performing duties 
for the advisory council. 
    Sec. 15.  Minnesota Statutes 1984, section 611A.56, 
subdivision 1, is amended to read:  
    Subdivision 1.  [DUTIES.] In addition to carrying out any 
duties specified elsewhere in sections 611A.51 to 611A.67 or in 
other law, the board shall: 
    (a) provide all claimants with an opportunity for hearing 
pursuant to chapter 14; 
    (b) establish and maintain a principal office and other 
necessary offices and appoint employees and agents as necessary 
and fix their duties; 
    (c) promulgate within 90 days following the effective date 
of Laws 1974, chapter 463 rules to implement sections 611A.51 to 
611A.67, including rules governing the method of practice and 
procedure before the board, prescribing the manner in which 
applications for reparations shall be made, and providing for 
discovery proceedings; 
    (d) (c) publicize widely the availability of reparations 
and the method of making claims; and 
    (e) (d) prepare and transmit annually to the governor, the 
commissioner of public safety, and the legislature a report of 
its activities including the name of each claimant, a brief 
description of the facts in each case, the amount of reparation 
awarded, and a statistical summary of claims and awards made and 
denied.  
    Sec. 16.  [611A.70] [CITATION.] 
    Sections 16 and 17 may be cited as the "Minnesota crime 
victim and witness advisory council act."  
    Sec. 17.  [611A.71] [COUNCIL; ESTABLISHMENT.] 
    Subdivision 1.  [CREATION.] The Minnesota crime victim and 
witness advisory council is established and shall consist of 12 
members.  
    Subd. 2.  [MEMBERSHIP.] The crime victim and witness 
advisory council shall consist of the following members, 
appointed by the commissioner of public safety after consulting 
with the commissioner of corrections:  
    (1) two members of the Minnesota legislature who have 
demonstrated expertise and interest in crime victims issues, one 
from each house; 
    (2) one district court judge appointed upon recommendation 
of the chief justice of the supreme court;  
    (3) one county attorney appointed upon recommendation of 
the Minnesota county attorneys association;  
    (4) one public defender appointed upon recommendation of 
the state public defender;  
    (5) one peace officer;  
    (6) one medical or osteopathic physician licensed to 
practice in this state; and 
    (7) five members who are crime victims or crime victim 
assistance representatives.  
    The appointments should take into account sex, race, and 
geographic distribution.  One of the nonlegislative members must 
be designated by the commissioner of public safety as chair of 
the council. 
    Subd. 3.  [TERMS OF OFFICE.] Each appointed member must be 
appointed for a four-year term coterminous with the governor's 
term of office, and shall continue to serve during that time as 
long as the member occupies the position which made that member 
eligible for the appointment.  Each member shall continue in 
office until that member's successor is duly appointed. Members 
are eligible for reappointment and appointment may be made to 
fill an unexpired term.  The members of the council shall elect 
any additional officers necessary for the efficient discharge of 
their duties.  
    Subd. 4.  [COMPENSATION.] Each member of the council shall 
serve without compensation. 
    Subd. 5.  [DUTIES.] The council shall:  
    (1) review on a regular basis the treatment of victims by 
the criminal justice system and the need and availability of 
services to victims;  
    (2) advise the agency designated by the governor to apply 
for victim assistance program grants under chapter 14 of Public 
Law No. 98-473, in the coordination and allocation of federal 
funds for crime victims assistance programs; 
    (3) advocate necessary changes and monitor victim-related 
legislation;  
    (4) provide information, training, and technical assistance 
to state and local agencies and groups involved in victim and 
witness assistance;  
    (5) serve as a clearinghouse for information concerning 
victim and witness programs;  
    (6) develop guidelines for the implementation of victim and 
witness assistance programs and aid in the creation and 
development of programs;  
    (7) coordinate the development and implementation of 
policies and guidelines for the treatment of victims and 
witnesses, and the delivery of services to them; and 
    (8) develop ongoing public awareness efforts and programs 
to assist victims.  
    Subd. 6.  [EXECUTIVE DIRECTOR.] The commissioner of public 
safety shall, with the advice of the advisory council, select 
and employ an executive director for the council who shall serve 
in the unclassified service at the pleasure of the commissioner 
and shall aid the council in the performance of its duties under 
subdivision 5 and supervise the administration of the following: 
    (1) the crime victim ombudsman; and 
    (2) the crime victims reparations act. 
    Sec. 18.  [611A.72] [CITATION.] 
    Sections 18 to 20 may be cited as the "crime victim 
ombudsman act."  
    Sec. 19.  [611A.73] [DEFINITIONS.] 
    Subdivision 1.  [DEFINITIONS.] The definitions in this 
section apply to sections 19 and 20.  
    Subd. 2.  [APPROPRIATE AUTHORITY.] "Appropriate authority" 
includes anyone who is the subject of a complaint to the crime 
victim ombudsman or anyone within the agency who is in a 
supervisory position with regard to one who is the subject of a 
complaint.  
    Subd. 3.  [ELEMENTS OF THE CRIMINAL JUSTICE SYSTEM.] 
"Elements of the criminal justice system" refers to county 
attorneys and members of their staff; peace officers; probation 
and corrections officers; state officials involved in the 
criminal justice system; and does not include the judiciary.  
    Subd. 4.  [VICTIM.] "Victim" refers to anyone or the next 
of kin of anyone who has been or purports to have been subjected 
to a criminal act, whether a felony, a gross misdemeanor, or 
misdemeanor. 
    Subd. 5.  [VICTIM ASSISTANCE PROGRAM.] "Victim assistance 
program" refers to any entity which provides or claims to 
provide services and assistance to victims on a regular, ongoing 
basis.  
    Sec. 20.  [611A.74] [CRIME VICTIM OMBUDSMAN; CREATION.] 
    Subdivision 1.  [CREATION.] The office of crime victim 
ombudsman for Minnesota is created.  The ombudsman shall be 
appointed by the commissioner of public safety with the advice 
of the advisory council, and shall serve in the unclassified 
service at the pleasure of the commissioner.  The ombudsman is 
directly accountable to the executive director of the crime 
victim and witness advisory council and, through the executive 
director, accountable to the commissioner of public safety.  
    Subd. 2.  [DUTIES.] The crime victim ombudsman may 
investigate complaints concerning possible violation of the 
rights of crime victims or witnesses provided under chapter 
611A, the delivery of victim services by victim assistance 
programs, the administration of the crime victims reparations 
act, and other complaints of mistreatment by elements of the 
criminal justice system or victim assistance programs.  The 
ombudsman shall act as a liaison, when the ombudsman deems 
necessary, between agencies, either in the criminal justice 
system or in victim assistance programs, and victims and 
witnesses.  The ombudsman must be made available through the use 
of a toll free telephone number and shall answer questions 
concerning the criminal justice system and victim services put 
to the ombudsman by victims and witnesses in accordance with the 
ombudsman's knowledge of the facts or law, unless the 
information is otherwise restricted.  The ombudsman shall 
establish a procedure for referral to the crime victim crisis 
centers, the crime victims reparations board, and other victim 
assistance programs when services are requested by crime victims 
or deemed necessary by the ombudsman.  
    Subd. 3.  [POWERS.] The crime victim ombudsman has those 
powers necessary to carry out the duties set out in subdivision 
1, including:  
    (a) The ombudsman may investigate, upon a complaint or upon 
his or her own initiative, any action of an element of the 
criminal justice system or a victim assistance program included 
in subdivision 2.  
    (b) The ombudsman may request and shall be given access to 
information pertaining to a complaint, unless the information is 
otherwise restricted.  
    (c) After completing investigation of a complaint, the 
ombudsman shall inform in writing the complainant, the 
investigated person or entity, and other appropriate 
authorities, including the attorney general, of the action taken.
    Subd. 4.  [NO COMPELLED TESTIMONY.] Neither the ombudsman 
nor any member of the ombudsman's staff may be compelled to 
testify in any court with respect to matters involving the 
exercise of official duties except as may be necessary to 
enforce the provisions of this section. 
    Subd. 5.  [RECOMMENDATIONS.] (a) If, after duly considering 
a complaint and whatever material he or she deems pertinent, the 
ombudsman is of the opinion that the complaint is valid, the 
ombudsman may recommend action to the appropriate authority.  
    (b) If the ombudsman makes a recommendation to an 
appropriate authority for action, the authority shall, within a 
reasonable time period, inform the ombudsman about the action 
taken or the reasons for not complying with the recommendation.  
    Sec. 21.  [611A.75] [REPORT TO LEGISLATURE.] 
    The commissioner of public safety shall report to the 
legislature by February 1, 1987, and biennially thereafter, on 
the implementation and administration of sections 10 to 20 of 
this act. 
    Sec. 22.  [611A.221] [ADDITIONAL POWER.] The department of 
correction's victim service unit is authorized to accept and 
expend funds received from other state agencies, other units of 
governments and other agencies, that result from the 
distribution of resource materials.  
    Sec. 23.  [EFFECTIVE DATE.] 
    Section 3 is effective the day following final enactment 
and applies to crimes committed on or after that date.  Section 
9 is effective January 1, 1986.  Sections 1, 2, and 4 to 8 are 
effective August 1, 1985.  Sections 10 to 17, and 21, are 
effective July 1, 1985.  Sections 18 to 20 are effective January 
1, 1986; however, the commissioner of public safety shall not 
appoint a crime victim ombudsman until the commissioner of 
finance has determined that sufficient money will be available 
from the federal government to pay all the costs of the crime 
victim ombudsman's office.  Section 22 is effective the day 
after final enactment. 
    Approved June 24, 1985