Minnesota Session Laws - 1988, Regular Session

  

                         Laws of Minnesota 1988 

                        CHAPTER 665-S.F.No. 1937 
           An act relating to crimes; providing for seizure and 
          forfeiture of property used in commission of crime, 
          proceeds of crime, and contraband; creating a 
          presumption that money, precious metals, and jewels 
          found near controlled substances, and vehicles 
          containing controlled substances, are subject to 
          forfeiture; providing for administrative forfeiture of 
          such property with opportunity for judicial 
          determination; providing for summary forfeiture of 
          contraband, certain controlled substances, weapons 
          following a conviction, and certain plants; providing 
          for forfeiture by judicial action of property and 
          proceeds associated with controlled substance 
          violations and designated offenses; eliminating the 
          requirement that forfeiture actions be dismissed if no 
          associated conviction results; providing that a 
          conviction creates the presumption that after-acquired 
          property constitutes forfeitable proceeds of the 
          offense; eliminating the defense of an owner who 
          negligently allowed the unlawful use of the owner's 
          property; providing that the right to forfeitable 
          property passes to law enforcement agencies upon 
          commission of unlawful act; allowing seizure without 
          process incident to a lawful search without a warrant 
          and in other circumstances; allocating the proceeds of 
          forfeitures to law enforcement agencies and county 
          attorneys; including the cost of facilities and 
          improvements in calculating the confinement per diem 
          for the Hennepin county corrections facility; 
          increasing the amount that may be credited to the 
          sheriff's contingent fund; amending Minnesota Statutes 
          1986, sections 152.205; 152.21, subdivision 6; 
          383B.128, subdivision 1; 387.212; and 609.531, 
          subdivisions 4, 5, and by adding subdivisions; 
          Minnesota Statutes 1987 Supplement, section 609.531, 
          subdivision 1; proposing coding for new law in 
          Minnesota Statutes, chapter 609; repealing Minnesota 
          Statutes 1986, sections 152.19; and 609.531, 
          subdivisions 2, 3, and 6.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1986, section 152.205, is 
amended to read:  
    152.205 [LOCAL REGULATIONS.] 
    Sections 152.01, subdivision 18, and 152.092 to 152.095, 
and 152.19, subdivisions 1 and 3 do not preempt enforcement or 
preclude adoption of municipal or county ordinances prohibiting 
or otherwise regulating the manufacture, delivery, possession or 
advertisement of drug paraphernalia. 
    Sec. 2.  Minnesota Statutes 1986, section 152.21, 
subdivision 6, is amended to read:  
    Subd. 6.  [EXEMPTION FROM CRIMINAL SANCTIONS.] For the 
purposes of this section, the following are not violations 
listed in section 152.09 or 152.15:  
    (1) use or possession of THC, or both, by a patient in the 
research program;  
    (2) possession, prescribing use of, administering, or 
dispensing THC, or any combination of these actions, by the 
principal investigator or by any clinical investigator; and 
    (3) possession or distribution of THC, or both, by a 
pharmacy registered to handle schedule I substances which stores 
THC on behalf of the principal investigator or a clinical 
investigator.  
    THC obtained and distributed pursuant to this section is 
not subject to forfeiture under section 152.19 609.531 or 
sections 11 to 16.  
    For the purposes of this section, THC is removed from 
schedule I contained in section 152.02, subdivision 2, and 
inserted in schedule II contained in section 152.02, subdivision 
3.  
    Sec. 3.  Minnesota Statutes 1986, section 383B.128, 
subdivision 1, is amended to read:  
    Subdivision 1.  Each municipality in which conduct alleged 
in a misdemeanor complaint occurs shall pay to Hennepin county 
for the maintenance cost of the inmate convicted thereon and 
sentenced to confinement in the corrections facility the sum per 
diem as it may cost the county for the average maintenance per 
inmate.  The administrator and superintendent shall at the first 
meeting of the county board in August of each year submit for 
the board's approval a determination of the maintenance cost per 
diem per inmate of the corrections facility which shall be based 
upon the actual costs, records of receipts, disbursements, and 
other data for the preceding year, adjusted by applying to the 
preceding years' rate any cost of living increase or decrease 
for the year ending June 30 of the current year.  The costs 
shall not include the cost, not to exceed $1 per day per inmate, 
of the premises or structures of the corrections facility or of 
any permanent improvements or repairs.  The superintendent shall 
render monthly bills to the municipalities for the maintenance 
costs provided for by this section. 
     Sec. 4.  Minnesota Statutes 1986, section 387.212, is 
amended to read:  
    387.212 [CONTINGENT FUND.] 
    The board of county commissioners in any county may create 
a sheriff's contingent fund and may credit thereto not more than 
$3,000 $10,000.  The money in such fund may be used for the 
advancement and reimbursement of expenses of the sheriff and the 
sheriff's office.  Such moneys shall be disbursed by the county 
treasurer in accordance with rules and regulations prescribed by 
the board.  Any balance remaining at the end of the year shall 
be transferred to the revenue fund. 
    Sec. 5.  Minnesota Statutes 1987 Supplement, section 
609.531, subdivision 1, is amended to read:  
    Subdivision 1.  [DEFINITIONS.] For the purpose of this 
section and sections 11 to 16, the following terms have the 
meanings given them.  
    (a) "Conveyance device" means a device used for 
transportation in connection with a designated offense and 
includes, but is not limited to, a motor vehicles, trailers, 
snowmobiles, airplanes, and vessels vehicle, trailer, 
snowmobile, airplane, and vessel and any equipment attached to 
it.  The term "conveyance device" does not include property 
which is, in fact, itself stolen or taken in violation of the 
law.  
    (b) "Primary container" means a fundamental receptacle 
other than a conveyance device used to store or transport 
property.  
    (c) "Weapon used" means weapons a weapon used in the 
furtherance of a crime and defined as a dangerous weapon under 
section 609.02, subdivision 6.  
    (d) (c) "Property" means property as defined in section 
609.52, subdivision 1, clause (1).  
    (e) (d) "Contraband property" means property which is 
illegal to possess under Minnesota law.  
    (f) (e) "Appropriate agency" means either the bureau of 
criminal apprehension, the Minnesota state patrol, a 
county sheriffs and their deputies sheriff's department, or a 
city or airport police departments department.  
    (g) (f) "Designated offense" includes:  
    (1) For weapons used:  any violation of this chapter;  
    (2) For all other purposes: a felony violation of, or an a 
felony-level attempt or conspiracy to violate, section 609.185; 
609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231; 
609.24; 609.245; 609.25; 609.255; 609.322, subdivision 1 or 2; 
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
609.52; 609.521; 609.525; 609.53; 609.54; 609.551; 609.561; 
609.562; 609.563; 609.582; 609.59; 609.595; section 609.671, 
subdivisions 3, 4, and 5; 609.687; 609.825; 609.86; 609.88; 
609.89; or 617.246, when the violation constitutes a felony.  
    (h) "Communications device or component" means a device or 
system used to facilitate in any manner the creation, storage, 
dissemination, or transmission of data in connection with a 
designated offense and includes computers and computer-related 
components as defined in section 609.87 and any other device or 
system that by means of electric, electronic or magnetic 
impulses may be used to facilitate in any manner the creation, 
storage, dissemination, or transmission of data.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4.  
    Sec. 6.  Minnesota Statutes 1986, section 609.531, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CONSTRUCTION.] This section and sections 11 to 
16 must be liberally construed to carry out the following 
remedial purposes: 
    (1) to enforce the law; 
    (2) to deter crime; 
    (3) to reduce the economic incentive to engage in criminal 
enterprise; 
    (4) to increase the pecuniary loss resulting from the 
detection of criminal activity; and 
    (5) to forfeit property unlawfully used or acquired and 
divert the property to law enforcement purposes. 
    Sec. 7.  Minnesota Statutes 1986, section 609.531, 
subdivision 4, is amended to read:  
    Subd. 4.  [SEIZURE WITHOUT PROCESS.] Seizure without 
process of a weapon used or of contraband Property subject to 
forfeiture under this section or sections 11 to 16 may be seized 
by the appropriate agency upon process issued by any court 
having jurisdiction over the property.  Property may be made 
seized without process if: 
    (a) (1) the seizure is incident to an a lawful arrest or a 
lawful search under a search warrant;  
    (b) (2) the weapon property subject to seizure has been the 
subject of a prior judgment in favor of the state in a criminal 
injunction or forfeiture proceeding under this chapter; or 
    (c) (3) the appropriate agency has probable cause to 
believe that the delay occasioned by the necessity to obtain 
process would result in the removal or destruction of the 
property and that:  
    (1) that (i) the weapon property was used or is intended to 
be used in commission of a designated offense; and 
    (2) that the delay occasioned by the necessity to obtain 
process would result in the removal, destruction, illegal use, 
or intended illegal use of the weapon felony; or 
    (d) (ii) the property is contraband property dangerous to 
health or safety.  
    If property is seized without process under clause (3), 
subclause (i), the county attorney must institute a forfeiture 
action under section 13 as soon as is reasonably possible. 
    Sec. 8.  Minnesota Statutes 1986, section 609.531, 
subdivision 5, is amended to read:  
    Subd. 5.  [NOT SUBJECT TO REPLEVIN RIGHT TO POSSESSION 
VESTS IMMEDIATELY; CUSTODY OF SEIZED PROPERTY.] All right, 
title, and interest in property subject to forfeiture under this 
section or sections 11 to 16 vests in the appropriate agency 
upon commission of the act or omission giving rise to the 
forfeiture.  Any conveyance device, communications device or 
component, primary container, weapon used, or contraband 
property taken or detained seized under this section shall or 
sections 11 to 16 is not be subject to replevin, but is deemed 
to be in the custody of the appropriate agency subject only to 
the orders and decrees of the court having jurisdiction over the 
forfeiture proceedings.  When any proceeds which are derived 
from or traced to the commission of a designated offense, 
conveyance device, communications device or component, primary 
container, weapon used, or contraband property is so seized 
under this section, the appropriate agency may:  
    (a) (1) place the conveyance device, communications device 
or component, primary container, weapon used, or contraband 
property under seal; or 
    (b) (2) remove the conveyance device, communications device 
or component, primary container, weapon used, or contraband 
property to a place designated by it; 
    (3) in the case of controlled substances, require the state 
board of pharmacy to take custody of the property and remove it 
to an appropriate location for disposition in accordance with 
law; and 
    (4) take other steps reasonable and necessary to secure the 
property and prevent waste.  
    Sec. 9.  Minnesota Statutes 1986, section 609.531, is 
amended by adding a subdivision to read:  
    Subd. 5a.  [BOND BY OWNER FOR POSSESSION.] If the owner of 
property that has been seized under this section or sections 11 
to 16 seeks possession of the property before the forfeiture 
action is determined, the owner may, subject to the approval of 
the appropriate agency, give security or post bond payable to 
the appropriate agency in an amount equal to the retail value of 
the seized property.  On posting the security or bond, the 
seized property must be returned to the owner and the forfeiture 
action shall proceed against the security as if it were the 
seized property.  This subdivision does not apply to contraband 
property.  
    Sec. 10.  Minnesota Statutes 1986, section 609.531, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [FORFEITURE A CIVIL PROCEDURE; CONVICTION 
RESULTS IN PRESUMPTION.] (a) An action for forfeiture is a civil 
in rem action and is independent of any criminal prosecution, 
except as provided in this subdivision.  The appropriate agency 
handling the forfeiture has the benefit of the evidentiary 
presumption of section 14, subdivision 1, but otherwise bears 
the burden of proving the act or omission giving rise to the 
forfeiture by clear and convincing evidence, except that in 
cases arising under section 12, the designated offense may only 
be established by a felony level criminal conviction.  
    (b) A court may not issue an order of forfeiture under 
section 11 while the alleged owner of the property is in custody 
and related criminal proceedings are pending against the alleged 
owner.  For forfeiture of a motor vehicle, the alleged owner is 
the registered owner according to records of the department of 
public safety.  For real property, the alleged owner is the 
owner of record.  For other property, the alleged owner is the 
person notified by the prosecuting authority in filing the 
forfeiture action. 
    Sec. 11.  [609.5311] [FORFEITURE OF PROPERTY ASSOCIATED 
WITH CONTROLLED SUBSTANCES.] 
    Subdivision 1.  [CONTROLLED SUBSTANCES.] All controlled 
substances that were manufactured, distributed, dispensed, or 
acquired in violation of chapter 152 are subject to forfeiture 
under this section, except as provided in subdivision 3 and 
section 16.  
    Subd. 2.  [ASSOCIATED PROPERTY.] All property, real and 
personal, that has been used, or is intended for use, or has in 
any way facilitated, in whole or in part, the manufacturing, 
compounding, processing, delivering, importing, cultivating, 
exporting, transporting, or exchanging of a controlled substance 
that has not been lawfully manufactured, distributed, dispensed, 
and acquired is subject to forfeiture under this section, except 
as provided in subdivision 3. 
    Subd. 3.  [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 
ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 
is subject to forfeiture under this section only if the retail 
value of the controlled substance is $500 or more. 
    (b) Real property is subject to forfeiture under this 
section only if the retail value of the controlled substance is 
$5,000 or more. 
    (c) Property used by any person as a common carrier in the 
transaction of business as a common carrier is subject to 
forfeiture under this section only if the owner of the property 
is a consenting party to, or is privy to, the use or intended 
use of the property as described in subdivision 2. 
    (d) Property is subject to forfeiture under this section 
only if its owner was privy to the use or intended use described 
in subdivision 2, or the unlawful use or intended use of the 
property otherwise occurred with the owner's knowledge or 
consent. 
    (e) Forfeiture under this section of a conveyance device or 
real property encumbered by a bona fide security interest is 
subject to the interest of the secured party unless the secured 
party had knowledge of or consented to the act or omission upon 
which the forfeiture is based.  A person claiming a security 
interest bears the burden of establishing that interest by clear 
and convincing evidence.  
    (f) Notwithstanding paragraphs (d) and (e), property is not 
subject to forfeiture based solely on the owner's or secured 
party's knowledge of the unlawful use or intended use of the 
property if the owner or secured party took reasonable steps to 
terminate use of the property by the offender. 
    Subd. 4.  [RECORDS; PROCEEDS.] (a) All books, records, and 
research products and materials, including formulas, microfilm, 
tapes, and data that are used, or intended for use in the manner 
described in subdivision 2 are subject to forfeiture. 
    (b) All property, real and personal, that represents 
proceeds derived from or traceable to a use described in 
subdivision 2 is subject to forfeiture. 
    Sec. 12.  [609.5312] [FORFEITURE OF PROPERTY ASSOCIATED 
WITH DESIGNATED OFFENSES.] 
    Subdivision 1.  [PROPERTY SUBJECT TO FORFEITURE.] All 
personal property is subject to forfeiture if it was used or 
intended for use to commit or facilitate the commission of a 
designated offense.  All money and other property, real and 
personal, that represent proceeds of a designated offense, and 
all contraband property, are subject to forfeiture, except as 
provided in this section. 
    Subd. 2.  [LIMITATIONS ON FORFEITURE OF PROPERTY ASSOCIATED 
WITH DESIGNATED OFFENSES.] (a) Property used by a person as a 
common carrier in the transaction of business as a common 
carrier is subject to forfeiture under this section only if the 
owner of the property is a consenting party to, or is privy to, 
the commission of a designated offense. 
    (b) Property is subject to forfeiture under this 
subdivision only if the owner was privy to the act or omission 
upon which the forfeiture is based, or the act or omission 
occurred with the owner's knowledge or consent. 
    (c) Property encumbered by a bona fide security interest is 
subject to the interest of the secured party unless the party 
had knowledge of or consented to the act or omission upon which 
the forfeiture is based.  A person claiming a security interest 
bears the burden of establishing that interest by clear and 
convincing evidence. 
      (d) Notwithstanding paragraphs (b) and (c), property is not 
subject to forfeiture based solely on the owner's or secured 
party's knowledge of the act or omission upon which the 
forfeiture is based if the owner or secured party took 
reasonable steps to terminate use of the property by the 
offender. 
    Sec. 13.  [609.5313] [FORFEITURE BY JUDICIAL ACTION; 
PROCEDURE.] 
    The forfeiture of property under sections 11 and 12 is 
governed by this section.  A separate complaint must be filed 
against the property stating the act, omission, or occurrence 
giving rise to the forfeiture and the date and place of the act 
or occurrence.  The county attorney shall notify the owner or 
possessor of the property of the action, if known or readily 
ascertainable.  The action must be captioned in the name of the 
county attorney or the county attorney's designee as plaintiff 
and the property as defendant. 
    Sec. 14.  [609.5314] [ADMINISTRATIVE FORFEITURE OF CERTAIN 
PROPERTY SEIZED IN CONNECTION WITH A CONTROLLED SUBSTANCES 
SEIZURE.] 
    Subdivision 1.  [PROPERTY SUBJECT TO ADMINISTRATIVE 
FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 
subject to administrative forfeiture under this section: 
    (1) all money, precious metals, and precious stones found 
in proximity to: 
    (i) controlled substances; 
    (ii) forfeitable drug manufacturing or distributing 
equipment or devices; or 
    (iii) forfeitable records of manufacture or distribution of 
controlled substances; and 
    (2) all conveyance devices containing controlled substances 
with a retail value of $500 or more.  
    (b) A claimant of the property bears the burden to rebut 
this presumption. 
    Subd. 2.  [ADMINISTRATIVE FORFEITURE PROCEDURE.] Forfeiture 
of property described in subdivision 1 is governed by this 
subdivision.  When seizure occurs, or within a reasonable time 
after that, all persons known to have an ownership or possessory 
interest in seized property must be notified of the seizure and 
the intent to forfeit the property.  In the case of a motor 
vehicle required to be registered under chapter 168, notice 
mailed by certified mail to the address shown in department of 
public safety records is deemed sufficient notice to the 
registered owner.  Notice may otherwise be given in the manner 
provided by law for service of a summons in a civil action.  The 
notice must be in writing and contain: 
    (1) a description of the property seized; 
    (2) the date of seizure; 
    (3) notice of the right to obtain judicial review of the 
forfeiture; and 
    (4) notice of the procedure for obtaining judicial review 
of the forfeiture. 
    Substantially the following language must appear 
conspicuously:  "IF YOU DO NOT DEMAND JUDICIAL REVIEW EXACTLY AS 
PRESCRIBED IN MINNESOTA STATUTES, SECTION 14, SUBDIVISION 3, YOU 
LOSE THE RIGHT TO A JUDICIAL DETERMINATION OF THIS FORFEITURE 
AND YOU LOSE ANY RIGHT YOU MAY HAVE TO THE ABOVE DESCRIBED 
PROPERTY." 
    Subd. 3.  [JUDICIAL DETERMINATION.] (a) Within 60 days 
following service of a notice of seizure and forfeiture under 
this section, a claimant may file a demand for a judicial 
determination of the forfeiture.  The demand must be in the form 
of a civil complaint and must be filed with the court 
administrator in the county in which the seizure occurred, 
together with proof of service of a copy of the complaint on the 
county attorney for that county, and the standard filing fee for 
civil actions.  No responsive pleading is required of the county 
attorney and no court fees may be charged for the county 
attorney's appearance in the matter.  The proceedings are 
governed by the rules of civil procedure. 
    (b) The complaint must be captioned in the name of the 
claimant as plaintiff, the seized property as defendant, and 
must state with specificity the grounds on which the claimant 
alleges the property was improperly seized and stating the 
plaintiff's interest in the property seized.  Notwithstanding 
any law to the contrary, an action for the return of property 
seized under this section may not be maintained by or on behalf 
of any person who has been served with a notice of seizure and 
forfeiture unless the person has complied with this subdivision. 
    (c) If the claimant makes a timely demand for judicial 
determination under this subdivision, the appropriate agency 
must conduct the forfeiture under section 10. 
    Sec. 15.  [609.5315] [DISPOSITION OF FORFEITED PROPERTY.] 
    Subdivision 1.  [DISPOSITION.] If the court finds under 
section 13 or 14 that the property is subject to forfeiture, it 
may order the appropriate agency to: 
    (1) sell property that is not required to be destroyed by 
law and is not harmful to the public, and distribute the 
proceeds under subdivision 5; 
    (2) take custody of the property and remove it for 
disposition in accordance with law; 
    (3) forward the property to the federal drug enforcement 
administration; 
    (4) disburse money as provided under subdivision 5; or 
    (5) keep property other than money for official use by the 
agency and the prosecuting agency. 
    Subd. 2.  [DISPOSITION OF ADMINISTRATIVELY FORFEITED 
PROPERTY.] If property is forfeited administratively under 
section 14 and no demand for judicial determination is made, the 
appropriate agency may dispose of the property in any of the 
ways listed in subdivision 1. 
    Subd. 3.  [USE BY LAW ENFORCEMENT.] Property kept under 
this section may be used only in the performance of official 
duties of the appropriate agency or prosecuting agency and may 
not be used for any other purpose.  Proceeds from the sale of 
property kept under this subdivision must be disbursed as 
provided in subdivision 5. 
    Subd. 4.  [DISTRIBUTION OF PROCEEDS OF THE OFFENSE.] 
Property that consists of proceeds derived from or traced to the 
commission of a designated offense must be applied first to 
payment of seizure, storage, forfeiture, and sale expenses, and 
to satisfy valid liens against the property; and second, to any 
court-ordered restitution before being disbursed as provided 
under subdivision 5. 
    Subd. 5.  [DISTRIBUTION OF MONEY.] Seventy percent of the 
money or proceeds from the sale of forfeited property, after 
payment of seizure, storage, forfeiture, and sale expenses, and 
satisfaction of valid liens against the property, must be 
forwarded to the appropriate agency for deposit as a supplement 
to its operating fund or similar fund for use in law 
enforcement, and 20 percent must be forwarded to the county 
attorney or other prosecuting agency that handled the forfeiture 
for deposit as a supplement to its operating fund or similar 
fund for prosecutorial purposes.  The remaining ten percent of 
the money or proceeds must be forwarded within 60 days after 
resolution of the forfeiture to the state treasury and credited 
to the crime victim and witness account established under 
section 609.101.  Any local police relief association organized 
under chapter 423, which received or was entitled to receive the 
proceeds of any sale made under this section before the 
effective date of sections 1 to 17, shall continue to receive 
and retain the proceeds of these sales. 
    Sec. 16.  [609.5316] [SUMMARY FORFEITURES.] 
    Subdivision 1.  [CONTRABAND.] If the property is 
contraband, the property must be summarily forfeited and either 
destroyed or used by the appropriate agency for law enforcement 
purposes.  
    Subd. 2.  [CONTROLLED SUBSTANCES.] (a) Controlled 
substances listed in schedule I that are possessed, transferred, 
sold, or offered for sale in violation of chapter 152, are 
contraband and must be seized and summarily forfeited.  
Controlled substances listed in schedule I that are seized or 
come into the possession of peace officers, the owners of which 
are unknown, are contraband and must be summarily forfeited. 
    (b) Species of plants from which controlled substances in 
schedules I and II may be derived that have been planted or 
cultivated in violation of chapter 152 or of which the owners or 
cultivators are unknown, or that are wild growths, may be seized 
and summarily forfeited to the state.  The appropriate agency or 
its authorized agent may seize the plants if the person in 
occupancy or in control of land or premises where the plants are 
growing or being stored fails to produce an appropriate 
registration or proof that the person is the holder of 
appropriate registration. 
    Subd. 3.  [WEAPONS.] Weapons used are contraband and must 
be summarily forfeited to the appropriate agency upon conviction 
of the weapon's owner or possessor for any offense of this 
chapter.  Notwithstanding this subdivision, weapons used may be 
forfeited without a conviction under section 609.531 or sections 
11 to 15. 
    Sec. 17.  [REPEALER.] 
    Minnesota Statutes 1986, sections 152.19; and 609.531, 
subdivisions 2, 3, and 6, are repealed. 
    Sec. 18.  [EFFECTIVE DATE.] 
    Sections 1, 2, and 4 to 17 are effective August 1, 1988, 
and apply to crimes committed and violations occurring on or 
after that date.  Section 3 is effective the day after 
compliance with Minnesota Statutes, section 645.021, subdivision 
3, by the Hennepin county board of commissioners. 
    Approved April 26, 1988