Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1989, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1989
CHAPTER 290-H.F.No. 59
An act relating to crime; authorizing bonding for
capital improvements; increasing penalties for
controlled substance offenses; increasing penalties
for murder and criminal sexual conduct; permitting
courts to sentence dangerous offenders and career
criminals to longer periods of incarceration; denying
release to certain heinous murderers; increasing
minimum parole eligibility date for persons serving a
life sentence for first degree murder; increasing
statutory maximum sentences for the crimes of failure
to report an accident, failure to use a drug stamp,
possessing explosives, restraint of trade,
manslaughter in the second degree, criminal vehicular
operation, assault, child abuse, parental kidnapping,
manslaughter of an unborn child, assault of an unborn
child, criminal sexual conduct in the fourth degree,
perjury, fleeing a peace officer, negligently causing
a fire, and bribery; making it a crime for a repeat
DWI violator to refuse a breath test; permitting
courts to sentence dangerous or patterned sex
offenders to longer periods of incarceration and
supervision; imposing a mandatory sentence for third
criminal sexual conduct conviction; extending the
statute of limitations for criminal sexual conduct;
providing for sex offender treatment programs;
creating a permissible inference that occupants of a
room and drivers of automobiles knowingly possess
controlled substances found there; lowering threshold
for forfeiture of vehicles and real estate in
connection with a controlled substance offense;
requiring courts to order forfeiture of property
subject to forfeiture; imposing a gross misdemeanor
penalty for selling tobacco to a minor; establishing
an office of drug policy in the department of public
safety; requiring testing for and reporting of
prenatal exposure to controlled substances; providing
for coordination of drug programs; providing for the
admissibility of DNA evidence; providing access to
certain data; expanding the theft statute to include
unauthorized use of a motor vehicle; authorizing a
community resources program; authorizing establishing
multidisciplinary chemical abuse prevention teams;
appropriating money; amending Minnesota Statutes 1988,
sections 14.02, subdivision 4; 152.01, subdivision 7,
and by adding subdivisions; 152.096, subdivision 1;
152.097, by adding a subdivision; 152.151; 152.18,
subdivision 1; 152.20; 152.21, subdivision 6; 169.09,
subdivision 14; 169.121, subdivisions 1, 1a, 3, and
3b; 169.123, subdivision 2; 169.126, subdivision 4;
243.05, subdivision 1; 243.18; 243.55, subdivision 1;
244.04, subdivision 1; 244.05, subdivisions 1, 2, 3,
4, and 5; 244.09, subdivision 5; 253B.02, subdivisions
2 and 10; 260.125, subdivision 3; 260.185, subdivision
1; 297D.09, subdivision 1a; 299F.80, subdivision 1;
325D.56, subdivision 2; 340A.701; 340A.702; 364.09;
388.14; 526.10; 609.11, subdivisions 7 and 9; 609.185;
609.205; 609.21; 609.221; 609.222; 609.223; 609.2231,
subdivision 1; 609.255, subdivision 3; 609.26,
subdivisions 1 and 6; 609.2665; 609.267; 609.323,
subdivision 1; 609.341, subdivision 11; 609.342,
subdivision 2; 609.343, subdivision 2; 609.344,
subdivision 2; 609.345, subdivision 2; 609.346,
subdivisions 2 and 3, and by adding a subdivision;
609.377; 609.445; 609.48, subdivision 4; 609.487,
subdivision 4; 609.52; 609.53, subdivisions 1 and 4;
609.531, subdivision 1; 609.5311, subdivision 3;
609.5314, subdivision 1; 609.5315, subdivision 1;
609.576; 609.62, subdivision 2; 609.631, subdivision
2; 609.685, subdivision 2, and by adding a
subdivision; 609.86, subdivision 3; 611A.038; 624.701;
626.52, subdivision 3; 626.556, subdivision 2; and
628.26; Laws 1989, chapter 5, section 3; proposing
coding for new law in Minnesota Statutes, chapters
121; 152; 241; 242; 243; 244; 299A; 299C; 299F; 609;
626; and 634; repealing Minnesota Statutes 1988,
sections 152.09; 152.15, subdivisions 1, 2, 2a, 2b, 3,
4a, and 5; 609.53, subdivisions 1a, 3, and 3a; and
609.55 as amended.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [BOND SALE; APPROPRIATION FOR CAPITAL
IMPROVEMENT.]
Subdivision 1. [APPROPRIATION; BOND SALE.] $10,755,000 is
appropriated from the state building fund to the department of
administration to convert portions of the regional treatment
center at Faribault for use as a medium security correctional
facility for adult males.
To provide the money appropriated by this section from the
state building fund, the commissioner of finance on request of
the governor shall sell and issue bonds of the state in an
amount up to $10,755,000 in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, sections 16A.631 to
16A.675, and by the Minnesota Constitution, article XI, sections
4 to 7.
Subd. 2. [DEBT SERVICE.] The commissioner of finance shall
schedule the sale of state general obligation bonds authorized
to be issued under this section so that, during the biennium
ending June 30, 1991, no more than $1,553,000 will need to be
transferred from the general fund to the state bond fund to pay
principal and interest due and to become due on them, in
addition to limits in other law placed on debt service on state
general obligation bonds for the biennium or either fiscal year
of it. The commissioner shall adjust the amount of bonds
scheduled to be sold so as to remain within the limit set by
this section. The amount needed to make the debt service
payments is appropriated from the general fund as provided in
Minnesota Statutes, section 16A.641.
Sec. 2. [CRIME AND CORRECTIONS; APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or any other fund named, to
the agencies and for the purposes specified in the following
sections of this act, to be available for the fiscal years
indicated for each purpose. The figures "1990" and "1991,"
where used in this act, mean that the appropriation or
appropriations listed under them are available for the year
ending June 30, 1990, or June 30, 1991, respectively.
SUMMARY BY FUND
1990 1991 TOTAL
General $31,265,000 $28,499,000 $59,764,000
APPROPRIATIONS
Available for the Year
Ending June 30,
1990 1991
Sec. 3. COMMISSIONER OF CORRECTIONS
Subdivision 1. Appropriation by Fund
General Fund $22,647,000 $26,251,000
The amounts that may be spent from the
appropriations for each program and
activity are more specifically
described in the following subdivisions.
Subd. 2. Correctional
Institutions 14,470,000 16,519,000
Of this amount $5,713,000 in fiscal
year 1990 and $9,337,000 in fiscal year
1991 are to pay operating costs of the
facility at Faribault. The
department's complement is increased by
up to 245 positions in both years of
the biennium.
Of this amount $1,957,000 is to pay
start-up costs associated with
conversion of portions of the regional
treatment center at Faribault to a
medium-security correctional facility.
Of this amount, $63,000 in fiscal year
1990 and $332,000 in fiscal year 1991
are to establish and operate two
additional sex offender programs within
state correctional facilities. The
department's complement is increased by
one position in 1990 and up to eight
positions in 1991.
Any unexpended money in the fiscal year
1990 appropriation for conversion and
operation of the facility at Faribault
is available in fiscal year 1991.
During the biennium ending June 30,
1991, the commissioner shall give
preference in recruiting, training, and
hiring to employees of the department
of human services whose positions are
eliminated by implementation of the
regional treatment center restructuring
plan when filling correctional facility
positions located on regional treatment
center campuses.
Agreements between the commissioner of
corrections and the commissioner of
human services concerning operation of
a correctional facility on a campus of
a regional treatment center shall
include provisions for operation of the
kitchen and laundry facilities by the
commissioner of human services. The
department of human services shall
operate the kitchen and laundry
facilities until the department of
human services has completed its
restructuring plan at the regional
treatment center.
Rogers Hall at Faribault regional
treatment center may be used by the
department of human services for
developmentally disabled persons and
may not be used by the department of
corrections until the legislature
specifically authorizes another use for
the building.
The commissioner may enter into
agreements with the appropriate
officials of any state, political
subdivision, or the United States, for
housing prisoners in Minnesota
correctional facilities. Money
received under the agreements is
appropriated to the commissioner for
correctional purposes.
Subd. 3. Community Services 7,734,000 9,020,000
Of this amount, $40,000 each year is
for the West Central Juvenile Center,
$50,000 in 1990 and $100,000 in 1991 is
for the Central Juvenile Center, and
$5,000 each year is for the Leech Lake
Youth Center for grants under Minnesota
Statutes, section 241.022.
Of this amount, $75,000 in each year is
to be used as a grant to an existing
statewide coalition of sexual assault
programs, providers, and agencies.
Grant money may be used to promote the
availability of services to all sexual
assault victims throughout the state;
to educate the general public and
professionals in related fields about
victimization issues through programs,
publications, and the media; to provide
training on issues of common concern to
sexual assault service programs through
conferences, workshops, and forums; and
to offer an opportunity for providers,
programs, and agencies to share
expertise, experience, and knowledge
about sexual assault issues.
Of this amount, $75,000 in 1990 is a
one-time appropriation to the St. Louis
County Task Force on Children and Youth
to conduct a study with the following
objectives: to examine and identify
causes of problems faced by children
and youth in St. Louis County; to
identify resources and gaps in services
in the existing service system for
children and youth; to make
recommendations regarding possible
prevention and early intervention
initiatives; to improve coordination
efforts among agencies, organizations,
and systems serving youth in St. Louis
County; and to contribute to greater
public awareness and recognition of the
needs, problems, and concerns of
children and youth.
Of this amount, $150,000 in each year
is for residential and outpatient sex
offender treatment and after care when
required for conditional release or as
a condition of supervised release.
Of this amount, $1,000,000 in 1991 is
for juvenile and adult sex offender
treatment pilot programs.
The commissioner may transfer
unencumbered grant money to fund the
department's fiscal year 1989 general
fund shortage.
Subd. 4. Management Services 443,000 712,000
Sec. 4. SENTENCING GUIDELINES
COMMISSION 20,000 38,000
Of this amount, $38,000 in 1991 is to
study the mandatory minimum sentencing
law. The commission shall submit a
report to the legislature by February
1, 1991, summarizing its findings and
recommending any changes necessary to
improve the mandatory minimum
sentencing law.
Of this amount, $20,000 in 1990 is for
the local correctional resource data
collection study.
Sec. 5. COMMISSIONER OF STATE
PLANNING 7,129,000 0
This appropriation is for the community
resources program. Any unencumbered
balance remaining in the first year
does not cancel but is available for
the second year.
Sec. 6. COMMISSIONER OF PUBLIC
SAFETY 1,169,000 1,610,000
Of this amount, $419,000 in 1990 and
$860,000 in 1991 is appropriated to the
bureau of criminal apprehension to
establish and operate a laboratory to
perform DNA analysis and to establish a
system for collecting and maintaining
DNA analysis data and human biological
specimens. The staff complement of the
bureau is increased by up to ten
positions.
Of this amount, $100,000 in each year
is to be used for grants to establish
community crime reduction pilot
projects.
Of this amount, $125,000 in each year
is for community drug prevention and
education grants, and $25,000 in each
year is for multidisciplinary chemical
abuse prevention teams.
Of this amount, $175,000 in each year
is appropriated to the bureau of
criminal apprehension for the drug
abuse resistance education training
program. The staff complement is
increased by up to three positions.
Of this amount, $175,000 in each year
is for the office of drug policy and
the drug abuse prevention resource
council. The staff complement of the
office of drug policy is not more than
two positions. The staff complement of
the council is not more than three
positions.
Of this amount, $150,000 in each year
is for the soft body armor
reimbursement program.
Sec. 7. COMMISSIONER OF HUMAN
SERVICES 300,000 600,000
This appropriation is for grants to
agencies providing chemical dependency
treatment to pregnant women and mothers.
ARTICLE 2
SENTENCING PROVISIONS
Section 1. Minnesota Statutes 1988, 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 placement and supervision of
inmates serving a supervised release term, 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 97A.051; (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 occupational safety and health standards
provided in section 182.655.
Sec. 2. Minnesota Statutes 1988, section 243.05,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONAL RELEASE.] The commissioner of
corrections may parole any person sentenced to confinement in
any state correctional facility for adults under the control of
the commissioner of corrections, provided that:
(a) no inmate serving a life sentence for committing murder
before May 1, 1980, other than murder committed in violation of
clause (1) of section 609.185 who has not been previously
convicted of a felony shall be paroled without having served 20
years, less the diminution that would have been allowed for good
conduct had the sentence been for 20 years;
(b) no inmate serving a life sentence for committing murder
before May 1, 1980, who has been previously convicted of a
felony or though not previously convicted of a felony is serving
a life sentence for murder in the first degree committed in
violation of clause (1) of section 609.185 shall be paroled
without having served 25 years, less the diminution which would
have been allowed for good conduct had the sentence been for 25
years;
(c) any inmate sentenced prior to September 1, 1963 who
would be eligible for parole had the inmate been sentenced after
September 1, 1963, shall be eligible for parole; and
(d) any new rule or policy or change of rule or policy
adopted by the commissioner of corrections which has the effect
of postponing eligibility for parole has prospective effect only
and applies only with respect to persons committing offenses
after the effective date of the new rule or policy or change.
Upon being paroled and released, an inmate is and remains in the
legal custody and under the control of the commissioner, subject
at any time to be returned to a facility of the department of
corrections established by law for the confinement or treatment
of convicted persons and the parole rescinded by the
commissioner. The written order of the commissioner of
corrections, is sufficient authority for any peace officer or
state parole and probation agent to retake and place in actual
custody any person on parole or supervised release, but any
state parole and probation agent may, without order of warrant,
when it appears necessary in order to prevent escape or enforce
discipline, take and detain a parolee or person on supervised
release or work release to the commissioner for action. The
written order of the commissioner of corrections is sufficient
authority for any peace officer or state parole and probation
agent to retake and place in actual custody any person on
probation under the supervision of the commissioner pursuant to
section 609.135, but any state parole and probation agent may,
without an order, when it appears necessary in order to prevent
escape or enforce discipline, retake and detain a probationer
and bring the probationer before the court for further
proceedings under section 609.14. Persons conditionally
released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be
placed within or outside the boundaries of the state at the
discretion of the commissioner of corrections or the court, and
the limits fixed for these persons may be enlarged or reduced
according to their conduct.
In considering applications for conditional release or
discharge, the commissioner is not required to hear oral
argument from any attorney or other person not connected with an
adult correctional facility of the department of corrections in
favor of or against the parole or release of any inmates, but
the commissioner may institute inquiries by correspondence,
taking testimony or otherwise, as to the previous history,
physical or mental condition, and character of the inmate, and
to that end shall have authority to require the attendance of
the chief executive officer of any state adult correctional
facility and the production of the records of these facilities,
and to compel the attendance of witnesses. The commissioner is
authorized to administer oaths to witnesses for these purposes.
Sec. 3. [243.165] [NOTICE OF SEX OFFENDER'S ADDRESS.]
Subdivision 1. [TERMS.] (a) For purposes of this section,
the following terms have the meanings given.
(b) "Law enforcement authority" means with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
(c) "Sex offender" means a person who has been convicted
and sentenced under section 12, section 609.185, clause (2),
section 609.342, 609.343, 609.344, or 609.345 and is serving or
is being released to serve the supervised release portion of the
sentence imposed or is on probation for that conviction unless
the person is placed in a residential community-based facility.
Subd. 2. [LOCATION REPORT REQUIRED.] A probation officer
shall report in writing to the appropriate law enforcement
authority the address of a sex offender who is assigned to that
probation officer:
(1) when the sex offender is released from a state
correctional institution to serve the supervised release term or
is released from a residential community-based facility; and
(2) when the sex offender changes addresses. A sex
offender is deemed to change addresses when the sex offender
remains at a new address for longer than two weeks and evinces
an intent to take up residence there.
Subd. 3. [USE OF INFORMATION.] The information provided
under this section is private data on individuals under section
13.01, subdivision 12. The information may be used only for law
enforcement purposes. When the sex offender is discharged from
supervised release or probation, the probation officer shall
inform all law enforcement agencies notified under this
section. Each agency shall then destroy the data.
Sec. 4. Minnesota Statutes 1988, section 243.18, is
amended to read:
243.18 [DIMINUTION OF SENTENCE.]
Subdivision 1. [GOOD TIME.] Every inmate sentenced for any
term other than life, confined in a state adult correctional
facility or on parole therefrom, may diminish the term of
sentence one day for each two days during which the inmate has
not violated any facility rule or discipline.
The commissioner of corrections, in view of the aggravated
nature and frequency of offenses, may take away any or all of
the good time previously gained, and, in consideration of
mitigating circumstances or ignorance on the part of the inmate,
may afterwards restore the inmate, in whole or in part, to the
standing the inmate possessed before such good time was taken
away.
Subd. 2. [WORK REQUIRED.] An inmate for whom a work
assignment is available may not earn good time under subdivision
1 for any day on which the inmate does not perform the work
assignment. The commissioner may excuse an inmate from work
only for illness, physical disability, or to participate in an
education or treatment program.
Sec. 5. Minnesota Statutes 1988, section 244.05,
subdivision 2, is amended to read:
Subd. 2. [RULES.] The commissioner of corrections
shall promulgate rules for the placement and supervision of
inmates serving a supervised release term. The rules shall also
provide adopt by rule standards and procedures for the
revocation of supervised release, and shall specify the period
of revocation for each violation of supervised release.
Procedures for the revocation of supervised release shall
provide due process of law for the inmate.
Sec. 6. Minnesota Statutes 1988, section 244.05,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate
serving a mandatory life sentence under section 10 must not be
given supervised release under this section. An inmate serving
a mandatory life sentence for conviction of murder in the first
degree under section 609.185 must not be given supervised
release under this section without having served a minimum term
of 30 years. An inmate serving a mandatory life sentence shall
under section 609.385 must not be given supervised release under
this section without having served a minimum term of
imprisonment of 17 years.
Sec. 7. Minnesota Statutes 1988, section 244.05,
subdivision 5, is amended to read:
Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185 or 609.385 after
the inmate has served the minimum term of imprisonment specified
in subdivision 4.
Sec. 8. Minnesota Statutes 1988, section 244.09,
subdivision 5, is amended to read:
Subd. 5. The commission shall, on or before January 1,
1980, promulgate sentencing guidelines for the district court.
The guidelines shall be based on reasonable offense and offender
characteristics. The guidelines promulgated by the commission
shall be advisory to the district court and shall establish:
(1) The circumstances under which imprisonment of an
offender is proper; and
(2) A presumptive, fixed sentence for offenders for whom
imprisonment is proper, based on each appropriate combination of
reasonable offense and offender characteristics. The guidelines
may provide for an increase or decrease of up to 15 percent in
the presumptive, fixed sentence.
The sentencing guidelines promulgated by the commission may
also establish appropriate sanctions for offenders for whom
imprisonment is not proper. Any guidelines promulgated by the
commission establishing sanctions for offenders for whom
imprisonment is not proper shall make specific reference to
noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community
work orders, work release programs in local facilities,
community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation
and the conditions thereof.
In establishing and modifying the sentencing guidelines,
the primary consideration of the commission shall take into
substantial consideration be public safety. The commission
shall also consider current sentencing and release practices and
correctional resources, including but not limited to the
capacities of local and state correctional facilities.
The provisions of sections 14.01 to 14.69 do not apply to
the promulgation of the sentencing guidelines, and the
sentencing guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative
commission to review administrative rules. However, on or
before January 1, 1986, the commission shall adopt rules
pursuant to sections 14.01 to 14.69 which establish procedures
for the promulgation of the sentencing guidelines, including
procedures for the promulgation of severity levels and criminal
history scores, and these rules shall be subject to review by
the legislative commission to review administrative rules.
Sec. 9. [609.152] [INCREASED SENTENCES FOR CERTAIN
DANGEROUS AND CAREER OFFENDERS.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and
recorded by the court: a plea of guilty, a verdict of guilty by
a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred
before the offender committed the next felony resulting in a
conviction and before the offense for which the offender is
being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
section 609.185; 609.19; 609.195; 609.20; 609.205; 609.21;
609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245;
609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664;
609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344;
609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582,
subdivision 1; 609.687; or any provision of chapter 152 that is
punishable by a maximum term of imprisonment of 15 years or more.
Subd. 2. [INCREASED SENTENCES; DANGEROUS OFFENDERS.]
Whenever a person is convicted of a violent crime, and the judge
is imposing an executed sentence based on a sentencing
guidelines presumptive imprisonment sentence, the judge may
impose an aggravated durational departure from the presumptive
imprisonment sentence up to the statutory maximum sentence if
the offender was at least 18 years old at the time the felony
was committed, and:
(1) the offender has two or more prior convictions for
violent crimes; and
(2) the court finds that the offender is a danger to public
safety and specifies on the record the basis for the finding,
which may include:
(i) the offender's past criminal behavior, such as the
offender's high frequency rate of criminal activity or juvenile
adjudications, or long involvement in criminal activity
including juvenile adjudications; or
(ii) the fact that the present offense of conviction
involved an aggravating factor that would justify a durational
departure under the sentencing guidelines.
Subd. 3. [INCREASED SENTENCES; CAREER OFFENDERS.] Whenever
a person is convicted of a felony, and the judge is imposing an
executed sentence based on a sentencing guidelines presumptive
imprisonment sentence, the judge may impose an aggravated
durational departure from the presumptive sentence up to the
statutory maximum sentence if the judge finds and specifies on
the record that the offender has more than four prior felony
convictions and that the present offense is a felony that was
committed as part of a pattern of criminal conduct from which a
substantial portion of the offender's income was derived.
Sec. 10. [609.184] [HEINOUS CRIMES.]
Subdivision 1. [TERMS.] (a) A "heinous crime" is a
violation of section 609.185, 609.19, 609.195, or a violation of
section 609.342 or 609.343, if the offense was committed with
force or violence.
(b) "Previous conviction" means a conviction in Minnesota
of a heinous crime or a conviction elsewhere for conduct that
would have been a heinous crime under this chapter if committed
in Minnesota. The term includes any conviction that occurred
before the commission of the present offense of conviction, but
does not include a conviction if 15 years have elapsed since the
person was discharged from the sentence imposed for the offense.
Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence
a person to life imprisonment without possibility of release
when the person is convicted of first degree murder under
section 609.185 and the person has one or more previous
convictions for a heinous crime.
Sec. 11. Minnesota Statutes 1988, section 609.185, is
amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in
the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, tampering with a witness in
the first degree, or escape from custody, or any felony
violation of chapter 152 involving the unlawful sale of a
controlled substance;
(4) causes the death of a peace officer or a guard employed
at a Minnesota state correctional facility, with intent to
effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties; or
(5) causes the death of a minor under circumstances other
than those described in clause (1) or (2) while committing or
attempting to commit child abuse, when the perpetrator has
engaged in a past pattern of child abuse upon the child and the
death occurs under circumstances manifesting an extreme
indifference to human life.
For purposes of clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of
section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343,
609.344, 609.345, 609.377, or 609.378.
Sec. 12. [609.196] [MANDATORY PENALTY FOR CERTAIN
MURDERERS.]
When a person is convicted of violating section 609.19 or
609.195, the court shall sentence the person to the statutory
maximum term of imprisonment for the offense if the person was
previously convicted of a heinous crime as defined in section 10
and 15 years have not elapsed since the person was discharged
from the sentence imposed for that conviction. The court may
not stay the imposition or execution of the sentence,
notwithstanding section 609.135.
Sec. 13. Minnesota Statutes 1988, section 609.346,
subdivision 2, is amended to read:
Subd. 2. [SUBSEQUENT SEX OFFENSE; PENALTY.] Except as
provided in section 14, if a person is convicted of a second or
subsequent offense under sections 609.342 to 609.345, within 15
years of the prior a previous sex offense conviction, the court
shall commit the defendant to the commissioner of corrections
for imprisonment for a term of not less than three years, nor
more than the maximum sentence provided by law for the offense
for which convicted, notwithstanding the provisions of sections
242.19, 243.05, 609.11, 609.12 and 609.135. The court may stay
the execution of the sentence imposed under this
section subdivision only if it finds that a professional
assessment indicates the offender is accepted by and can respond
to treatment at a long-term inpatient program exclusively
treating sex offenders and approved by the commissioner of
corrections. If the court stays the execution of a 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 successfully complete the
treatment program and aftercare as directed by the court.
Sec. 14. Minnesota Statutes 1988, section 609.346, is
amended by adding a subdivision to read:
Subd. 2a. [MAXIMUM SENTENCE IMPOSED.] (a) The court shall
sentence a person to a term of imprisonment of 37 years,
notwithstanding the statutory maximum sentences under sections
609.342 and 609.343 if:
(1) the person is convicted under section 609.342 or
609.343; and
(2) the person has two previous sex offense convictions
under section 609.342, 609.343, or 609.344.
(b) Notwithstanding sections 609.342, subdivision 3; and
609.343, subdivision 3; and subdivision 2, the court may not
stay imposition of the sentence required by this subdivision.
Sec. 15. Minnesota Statutes 1988, section 609.346,
subdivision 3, is amended to read:
Subd. 3. [PRIOR PREVIOUS SEX OFFENSE CONVICTIONS UNDER
SIMILAR STATUTES.] For the purposes of this section, an offense
a conviction is considered a second or subsequent previous sex
offense conviction if conviction of the actor for the offense
follows or coincides with a conviction of the actor under person
was convicted of a sex offense, before the commission of the
present offense of conviction. A person has two previous sex
offense convictions only if the person was convicted and
sentenced for a sex offense committed after the person was
earlier convicted and sentenced for a sex offense, both
convictions preceded the commission of the present offense of
conviction, and 15 years have not elapsed since the person was
discharged from the sentence imposed for the second conviction.
A "sex offense" is a violation of sections 609.342 to 609.345 or
under any similar statute of the United States, or this or any
other state.
Sec. 16. Minnesota Statutes 1988, section 611A.038, is
amended to read:
611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.]
Subdivision 1. [IMPACT STATEMENT.] A victim has the right
to submit an impact statement, either orally or in writing, to
the court at the time of sentencing or disposition hearing. The
impact statement may be presented to the court orally or in
writing, at the victim's option. If the victim requests, the
prosecutor must orally present the statement to the court.
Statements may include the following, subject to reasonable
limitations as to time and length:
(1) a summary of the harm or trauma suffered by the victim
as a result of the crime;
(2) a summary of the economic loss or damage suffered by
the victim as a result of the crime; and
(3) a victim's reaction to the proposed sentence or
disposition.
Sec. 17. [DIRECTIVES TO GUIDELINES COMMISSION.]
Subdivision 1. [INTENTIONAL SECOND DEGREE MURDER.] The
sentencing guidelines commission shall increase the presumptive
sentence of imprisonment for intentional second degree murder to
306 months for an offender with a criminal history score of
zero. The commission shall proportionally increase the
presumptive sentences for higher criminal history scores and for
attempted first degree murder.
Subd. 2. [UNINTENTIONAL SECOND DEGREE MURDER AND THIRD
DEGREE MURDER.] The sentencing guidelines commission shall
adjust the presumptive sentence of imprisonment for
unintentional second degree murder and for third degree murder
proportionally to reflect the increased presumptive sentence
established under subdivision 1.
Sec. 18. [EFFECTIVE DATE.]
Sections 6, 7, and 10 to 15 are effective August 1, 1989,
and apply to crimes committed on or after that date. The court
shall consider convictions occurring before August 1, 1989, as
prior convictions in sentencing offenders under sections 9, 10,
and 12 to 15. Section 9 is effective August 1, 1990, and
applies to crimes committed on or after that date.
ARTICLE 3
CONTROLLED SUBSTANCE CRIMES
Section 1. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 5a. [HALLUCINOGEN.] "Hallucinogen" means any
hallucinogen listed in section 152.02, subdivision 2, clause
(3), or Minnesota Rules, part 6800.4210, item C, except
marijuana and Tetrahydrocannabinols.
Sec. 2. Minnesota Statutes 1988, section 152.01,
subdivision 7, is amended to read:
Subd. 7. [MANUFACTURING MANUFACTURE.] "Manufacturing
Manufacture", in places other than a pharmacy, means and
includes the production, cultivation, quality control, and
standardization by mechanical, physical, chemical, or
pharmaceutical means, packing, repacking, tableting,
encapsulating, labeling, relabeling, filling, or by other
process, of drugs.
Sec. 3. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 9a. [MIXTURE.] "Mixture" means a preparation,
compound, mixture, or substance containing a controlled
substance, regardless of purity.
Sec. 4. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 12a. [PARK ZONE.] "Park zone" means an area
designated as a public park by the federal government, the
state, a local unit of government, a park district board, or a
park and recreation board in a city of the first class. "Park
zone" includes the area within 300 feet or one city block,
whichever distance is greater, of the park boundary.
Sec. 5. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 14a. [SCHOOL ZONE.] "School zone" means:
(1) any property owned, leased, or controlled by a school
district or an organization operating a nonpublic school, as
defined in section 123.932, subdivision 3, where an elementary,
middle, secondary school, secondary vocational center or other
school providing educational services in grade one through grade
12 is located, or used for educational purposes, or where
extracurricular or cocurricular activities are regularly
provided;
(2) the area surrounding school property as described in
clause (1) to a distance of 300 feet or one city block,
whichever distance is greater, beyond the school property; and
(3) the area within a school bus when that bus is being
used to transport one or more elementary or secondary school
students.
Sec. 6. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 15a. [SELL.] "Sell" means to sell, give away,
barter, deliver, exchange, distribute or dispose of to another;
or to offer or agree to do the same; or to manufacture.
Sec. 7. Minnesota Statutes 1988, section 152.01, is
amended by adding a subdivision to read:
Subd. 16a. [SUBSEQUENT CONTROLLED SUBSTANCE CONVICTION.]
"Subsequent controlled substance conviction" means that before
commission of the offense for which the person is convicted
under this chapter, the person was convicted in Minnesota of a
felony violation of this chapter or a felony-level attempt or
conspiracy to violate this chapter, or convicted elsewhere for
conduct that would have been a felony under this chapter if
committed in Minnesota. An earlier conviction is not relevant
if ten years have elapsed since: (1) the person was restored to
civil rights; or (2) the sentence has expired, whichever occurs
first.
Sec. 8. [152.021] [CONTROLLED SUBSTANCE CRIME IN THE FIRST
DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the first degree if:
(1) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures containing ten
grams or more of cocaine base;
(2) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 50 grams or more containing a narcotic drug;
(3) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 50 grams or more containing methamphetamine, amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance
is packaged in dosage units, equaling 200 or more dosage units;
or
(4) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 100 kilograms or more containing marijuana or
Tetrahydrocannabinols.
Subd. 2. [POSSESSION CRIMES.] A person is guilty of a
controlled substance crime in the first degree if:
(1) the person unlawfully possesses one or more mixtures
containing 25 grams or more of cocaine base;
(2) the person unlawfully possesses one or more mixtures of
a total weight of 500 grams or more containing a narcotic drug;
(3) the person unlawfully possesses one or more mixtures of
a total weight of 500 grams or more containing methamphetamine,
amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 500
or more dosage units; or
(4) the person unlawfully possesses one or more mixtures of
a total weight of 100 kilograms or more containing marijuana or
Tetrahydrocannabinols.
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 30 years or to payment of a fine of not more than
$1,000,000, or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
sentenced to imprisonment for not less than four years nor more
than 40 years or to payment of a fine of not more than
$1,000,000, or both.
Sec. 9. [152.022] [CONTROLLED SUBSTANCE CRIME IN THE
SECOND DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the second degree if:
(1) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures containing three
grams or more of cocaine base;
(2) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of ten grams or more containing a narcotic drug;
(3) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of ten grams or more containing methamphetamine, amphetamine,
phencyclidine, or hallucinogen or, if the controlled substance
is packaged in dosage units, equaling 50 or more dosage units;
(4) on one or more occasions within a 90-day period the
person unlawfully sells one or more mixtures of a total weight
of 50 kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(5) the person unlawfully sells any amount of a Schedule I
or II narcotic drug, and:
(i) the person unlawfully sells the substance to a person
under the age of 18, or conspires with or employs a person under
the age of 18 to unlawfully sell the substance; or
(ii) the sale occurred in a school zone or a park zone.
Subd. 2. [POSSESSION CRIMES.] A person is guilty of
controlled substance crime in the second degree if:
(1) the person unlawfully possesses one or more mixtures
containing six grams or more of cocaine base;
(2) the person unlawfully possesses one or more mixtures of
a total weight of 50 grams or more containing a narcotic drug;
(3) the person unlawfully possesses one or more mixtures of
a total weight of 50 grams or more containing methamphetamine,
amphetamine, phencyclidine, or hallucinogen or, if the
controlled substance is packaged in dosage units, equaling 100
or more dosage units; or
(4) the person unlawfully possesses one or more mixtures of
a total weight of 50 kilograms or more containing marijuana or
Tetrahydrocannabinols.
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 25 years or to payment of a fine of not more than $500,000,
or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
sentenced to imprisonment for not less than three years nor more
than 40 years or to payment of a fine of not more than $500,000,
or both.
Sec. 10. [152.023] [CONTROLLED SUBSTANCE CRIME IN THE
THIRD DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the third degree if:
(1) the person unlawfully sells one or more mixtures
containing a narcotic drug;
(2) the person unlawfully sells one or more mixtures
containing phencyclidine or hallucinogen, it is packaged in
dosage units, and equals ten or more dosage units;
(3) the person unlawfully sells one or more mixtures
containing a controlled substance classified in Schedule I, II,
or III, except a Schedule I or II narcotic drug, marijuana or
Tetrahydrocannabinols, to a person under the age of 18; or
(4) the person conspires with or employs a person under the
age of 18 to unlawfully sell one or more mixtures containing a
controlled substance listed in Schedule I, II, or III, except a
Schedule I or II narcotic drug, marijuana or
Tetrahydrocannabinols.
Subd. 2. [POSSESSION CRIMES.] A person is guilty of
controlled substance crime in the third degree if:
(1) the person unlawfully possesses one or more mixtures
containing three grams or more of cocaine base;
(2) the person unlawfully possesses one or more mixtures of
a total weight of ten grams or more containing a narcotic drug;
(3) the person unlawfully possesses one or more mixtures
containing a narcotic drug with the intent to sell it;
(4) the person unlawfully possesses one or more mixtures
containing a narcotic drug, it is packaged in dosage units, and
equals 50 or more dosage units; or
(5) the person unlawfully possesses any amount of a
Schedule I or II narcotic drug in a school zone or a park zone.
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 20 years or to payment of a fine of not more than $250,000,
or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
sentenced to imprisonment for not less than two years nor more
than 30 years or to payment of a fine of not more than $250,000,
or both.
Sec. 11. [152.024] [CONTROLLED SUBSTANCE CRIME IN THE
FOURTH DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the fourth degree if:
(1) the person unlawfully sells one or more mixtures
containing a controlled substance classified in Schedule I, II,
or III, except marijuana or Tetrahydrocannabinols;
(2) the person unlawfully sells one or more mixtures
containing marijuana or Tetrahydrocannabinols to a person under
the age of 18;
(3) the person conspires with or employs a person under the
age of 18 to unlawfully sell one or more mixtures containing
marijuana or Tetrahydrocannabinols;
(4) the person unlawfully sells one or more mixtures
containing a controlled substance classified in Schedule IV or V
to a person under the age of 18; or
(5) the person conspires with or employs a person under the
age of 18 to unlawfully sell a controlled substance classified
in Schedule IV or V.
Subd. 2. [POSSESSION CRIMES.] A person is guilty of
controlled substance crime in the fourth degree if:
(1) the person unlawfully possesses one or more mixtures
containing phencyclidine or hallucinogen, it is packaged in
dosage units, and equals ten or more dosage units; or
(2) the person unlawfully possesses one or more mixtures
containing a controlled substance classified in Schedule I, II,
or III, except marijuana or Tetrahydrocannabinols, with the
intent to sell it.
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 may be sentenced to imprisonment for not more
than 15 years or to payment of a fine of not more than $100,000,
or both.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
sentenced to imprisonment for not less than one year nor more
than 30 years or to payment of a fine of not more than $100,000,
or both.
Sec. 12. [152.025] [CONTROLLED SUBSTANCE CRIME IN THE
FIFTH DEGREE.]
Subdivision 1. [SALE CRIMES.] A person is guilty of
controlled substance crime in the fifth degree if:
(1) the person unlawfully sells one or more mixtures
containing marijuana or Tetrahydrocannabinols, except a small
amount of marijuana for no remuneration; or
(2) the person unlawfully sells one or more mixtures
containing a controlled substance classified in Schedule IV.
Subd. 2. [POSSESSION AND OTHER CRIMES.] A person is guilty
of controlled substance crime in the fifth degree if:
(1) the person unlawfully possesses one or more mixtures
containing a controlled substance classified in Schedule I, II,
III, or IV, except a small amount of marijuana; or
(2) the person procures, attempts to procure, possesses, or
has control over a controlled substance by any of the following
means:
(i) fraud, deceit, misrepresentation, or subterfuge;
(ii) using a false name or giving false credit; or
(iii) falsely assuming the title of, or falsely
representing any person to be, a manufacturer, wholesaler,
pharmacist, physician, doctor of osteopathy licensed to practice
medicine, dentist, podiatrist, veterinarian, or other authorized
person for the purpose of obtaining a controlled substance.
Subd. 3. [PENALTY.] (a) A person convicted under
subdivision 1 or 2 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.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivision 1 or 2 shall be
sentenced to imprisonment for not less than six months nor more
than ten years or to payment of a fine of not more than $20,000,
or both.
Sec. 13. [152.026] [MANDATORY SENTENCES.]
A defendant convicted and sentenced to a mandatory sentence
under sections 8 to 12 is not eligible for probation, parole,
discharge, or supervised release until that person has served
the full mandatory minimum term of imprisonment as provided by
law, notwithstanding sections 242.19, 243.05, 609.12, and
609.135.
Sec. 14. [152.027] [OTHER CONTROLLED SUBSTANCE OFFENSES.]
Subdivision 1. [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.]
A person who unlawfully sells one or more mixtures containing a
controlled substance classified in Schedule V 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.
Subd. 2. [POSSESSION OF SCHEDULE V CONTROLLED
SUBSTANCE.] A person who unlawfully possesses one or more
mixtures containing a controlled substance classified in
Schedule V 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. The court may order that a person who is convicted under
this subdivision and placed on probation be required to take
part in a drug education program as specified by the court.
Subd. 3. [POSSESSION OF MARIJUANA IN A MOTOR VEHICLE.] A
person is guilty of a misdemeanor if the person is the owner of
a private motor vehicle, or is the driver of the motor vehicle
if the owner is not present, and possesses on the person, or
knowingly keeps or allows to be kept within the area of the
vehicle normally occupied by the driver or passengers, more than
1.4 grams of marijuana. This area of the vehicle does not
include the trunk of the motor vehicle if the vehicle is
equipped with a trunk, or another area of the vehicle not
normally occupied by the driver or passengers if the vehicle is
not equipped with a trunk. A utility or glove compartment is
deemed to be within the area occupied by the driver and
passengers.
Subd. 4. [POSSESSION OR SALE OF SMALL AMOUNTS OF
MARIJUANA.] (a) A person who unlawfully sells a small amount of
marijuana for no remuneration, or who unlawfully possesses a
small amount of marijuana is guilty of a petty misdemeanor
punishable by a fine of up to $200 and participation in a drug
education program unless the court enters a written finding that
a drug education program is inappropriate. The program must be
approved by an area mental health board with a curriculum
approved by the state alcohol and drug abuse authority.
(b) A person convicted of an unlawful sale under paragraph
(a) who is subsequently convicted of an unlawful sale under
paragraph (a) within two years is guilty of a misdemeanor and
shall be required to participate in a chemical dependency
evaluation and treatment if so indicated by the evaluation.
(c) A person who is convicted of a petty misdemeanor under
paragraph (a) who willfully and intentionally fails to comply
with the sentence imposed, is guilty of a misdemeanor.
Compliance with the terms of the sentence imposed before
conviction under this paragraph is an absolute defense.
Sec. 15. [152.028] [PERMISSIVE INFERENCE OF KNOWING
POSSESSION.]
Subdivision 1. [RESIDENCES.] The presence of a controlled
substance in open view in a room, other than a public place,
under circumstances evincing an intent by one or more of the
persons present to unlawfully mix, compound, package, or
otherwise prepare for sale the controlled substance permits the
factfinder to infer knowing possession of the controlled
substance by each person in close proximity to the controlled
substance when the controlled substance was found. The
permissive inference does not apply to any person if:
(1) one of them legally possesses the controlled substance;
or
(2) the controlled substance is on the person of one of the
occupants.
Subd. 2. [PASSENGER AUTOMOBILES.] The presence of a
controlled substance in a passenger automobile permits the
factfinder to infer knowing possession of the controlled
substance by the driver or person in control of the automobile
when the controlled substance was in the automobile. This
inference may only be made if the defendant is charged with
violating section 8, 9, or 10. The inference does not apply:
(1) to a duly licensed operator of an automobile who is at
the time operating it for hire in the lawful and proper pursuit
of the operator's trade;
(2) to any person in the automobile if one of them legally
possesses a controlled substance; or
(3) when the controlled substance is concealed on the
person of one of the occupants.
Sec. 16. [152.029] [PUBLIC INFORMATION: SCHOOL ZONES AND
PARK ZONES.]
The attorney general shall disseminate information to the
public relating to the penalties for committing controlled
substance crimes in park zones and school zones. The attorney
general shall draft a plain language version of sections 9, 10
and 25 that describes in a clear and coherent manner using words
with common and everyday meanings the contents of those sections.
The attorney general shall publicize and disseminate the plain
language version as widely as practicable, including
distributing the version to school boards and local governments.
Sec. 17. Minnesota Statutes 1988, section 152.096,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS; PENALTIES.] Any person
who conspires to commit any act prohibited by section
152.09 this chapter, except possession or distribution for no
remuneration of a small amount of marijuana as defined in
section 152.01, subdivision 16, is guilty of a felony and upon
conviction may be imprisoned, fined, or both, up to the maximum
amount authorized by law for the act the person conspired to
commit.
Sec. 18. Minnesota Statutes 1988, section 152.097, is
amended by adding a subdivision to read:
Subd. 4. [PENALTY.] A person who violates this section may
be sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $20,000, or both. Sentencing
for a conviction for attempting to sell, transfer, or deliver a
noncontrolled substance in violation of this section is governed
by section 609.17, subdivision 4.
Sec. 19. Minnesota Statutes 1988, section 152.151, is
amended to read:
152.151 [REPORT TO LEGISLATURE.]
The state alcohol and drug authority shall build into
evaluate the drug education program required by section 152.15,
subdivision 2, proper evaluation 14 and report directly each
legislative session to the legislative standing committees
having jurisdiction over the subject matter.
Sec. 20. [152.152] [STAYED SENTENCE LIMITED.]
If a person is convicted under section 8, 9, or 10 and the
sentencing guidelines grid calls for a presumptive prison
sentence for the offense, the court may stay imposition or
execution of the sentence only as provided in this section. The
sentence may be stayed based on amenability to probation only if
the offender presents adequate evidence to the court that the
offender has been accepted by, and can respond to, a treatment
program that has been approved by the commissioner of human
services. The court may impose a sentence that is a mitigated
dispositional departure on any other ground only if the court
includes as a condition of probation incarceration in a local
jail or workhouse.
Sec. 21. Minnesota Statutes 1988, section 152.18,
subdivision 1, is amended to read:
Subdivision 1. If any person is found guilty of a
violation of section 152.09, subdivision 1, clause (2) 11, 12,
or 14 for possession of a controlled substance, after trial or
upon a plea of guilty, the court may, without entering a
judgment of guilty and with the consent of such person, defer
further proceedings and place the person on probation upon such
reasonable conditions as it may require and for a period, not to
exceed the maximum term of imprisonment provided for such
violation. The court may give the person the opportunity to
attend and participate in an appropriate program of education
regarding the nature and effects of alcohol and drug abuse as a
stipulation of probation. Upon violation of a condition of the
probation, the court may enter an adjudication of guilt and
proceed as otherwise provided. The court may, in its
discretion, dismiss the proceedings against such person and
discharge the person from probation before the expiration of the
maximum period prescribed for such person's probation. If
during the period of probation such person does not violate any
of the conditions of the probation, then upon expiration of such
period the court shall discharge such person and dismiss the
proceedings against that person. Discharge and dismissal
hereunder shall be without court adjudication of guilt, but a
nonpublic record thereof shall be retained by the department of
public safety solely for the purpose of use by the courts in
determining the merits of subsequent proceedings against such
person. The court shall forward a record of any discharge and
dismissal hereunder to the department of public safety who shall
make and maintain the nonpublic record thereof as hereinbefore
provided. Such discharge or dismissal shall not be deemed a
conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other
purpose.
Sec. 22. Minnesota Statutes 1988, section 152.20, is
amended to read:
152.20 [PENALTIES UNDER OTHER LAWS.]
Any penalty imposed for violation of Laws 1971, chapter 937
this chapter is in addition to, and not in lieu of, any civil or
administrative penalty or sanction otherwise authorized by law.
Sec. 23. Minnesota Statutes 1988, 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 under this chapter:
(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 sections 609.531 to 609.5316.
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. 24. Minnesota Statutes 1988, section 243.55,
subdivision 1, is amended to read:
Subdivision 1. Any person who brings, sends, or in any
manner causes to be introduced into any state correctional
facility or state hospital, or within or upon the grounds
belonging to or land or controlled by any such facility or
hospital, any controlled substance as defined in section 152.01,
subdivision 4, or any firearms, weapons or explosives of any
kind, without the consent of the chief executive officer
thereof, shall be guilty of a felony and, upon conviction
thereof, punished by imprisonment for a term of not less than
three, nor more than five, ten years. Any person who brings,
sends, or in any manner causes to be introduced into any state
correctional facility or within or upon the grounds belonging to
or land controlled by the facility, any intoxicating or
alcoholic liquor or malt beverage of any kind without the
consent of the chief executive officer thereof, shall be guilty
of a gross misdemeanor. The provisions of this section shall
not apply to physicians carrying drugs or introducing any of the
above described liquors into such facilities for use in the
practice of their profession; nor to sheriffs or other peace
officers carrying revolvers or firearms as such officers in the
discharge of duties.
Sec. 25. [244.095] [SENTENCING GUIDELINES MODIFICATION;
UPWARD DEPARTURE FOR CERTAIN DRUG OFFENSES.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
"park zone" and "school zone" have the meanings given them in
sections 4 and 5.
(b) As used in this section, "controlled substance" has the
meaning given in section 152.01, subdivision 4, but does not
include a narcotic drug listed in schedule I or II.
Subd. 2. [AGGRAVATING FACTOR FOR DRUG OFFENSES COMMITTED
IN PARK ZONES AND IN SCHOOL ZONES.] The commission shall modify
the list of aggravating factors contained in the sentencing
guidelines so as to authorize the sentencing judge to depart
from the presumptive sentence with respect to either disposition
or duration when the following circumstances are present:
(1) the defendant was convicted of unlawfully selling or
possessing controlled substances in violation of chapter 152;
and
(2) the crime was committed in a park zone or in a school
zone.
This aggravating factor shall not apply to a person convicted of
unlawfully possessing controlled substances in a private
residence located within a school zone or a park zone if no
person under the age of 18 was present in the residence when the
offense was committed.
Subd. 3. [REPORT TO LEGISLATURE.] The commission shall
collect data on the number and types of cases involving a
sentencing departure based on the aggravating factor created in
subdivision 2, and shall report its findings to the legislature
on or before February 1, 1991.
Sec. 26. Minnesota Statutes 1988, section 260.125,
subdivision 3, is amended to read:
Subd. 3. A prima facie case that the public safety is not
served or that the child is not suitable for treatment shall
have been established if the child was at least 16 years of age
at the time of the alleged offense and:
(1) Is alleged by delinquency petition to have committed an
aggravated felony against the person and (a) in committing the
offense, the child acted with particular cruelty or disregard
for the life or safety of another; or (b) the offense involved a
high degree of sophistication or planning by the juvenile; or
(2) Is alleged by delinquency petition to have committed
murder in the first degree; or
(3) Is alleged by delinquency petition (a) to have
committed the delinquent act of escape from confinement to a
state juvenile correctional facility and (b) to have committed
an offense as part of, or subsequent to, escape from custody
that would be a felony listed in section 609.11, subdivision 9,
if committed by an adult; or
(4) Has been found by the court, pursuant to an admission
in court or after trial, to have committed an offense within the
preceding 24 months which would be a felony if committed by an
adult, and is alleged by delinquency petition to have committed
murder in the second or third degree, manslaughter in the first
degree, criminal sexual conduct in the first degree or assault
in the first degree; or
(5) Has been found by the court, pursuant to an admission
in court or after trial, to have committed two offenses, not in
the same behavioral incident, within the preceding 24 months
which would be felonies if committed by an adult, and is alleged
by delinquency petition to have committed manslaughter in the
second degree, kidnapping, criminal sexual conduct in the second
degree, arson in the first degree, aggravated robbery, or
assault in the second degree; or
(6) Has been found by the court, pursuant to an admission
in court or after trial, to have committed two offenses, not in
the same behavioral incident, within the preceding 24 months,
one or both of which would be the felony of burglary of a
dwelling if committed by an adult, and the child is alleged by
the delinquency petition to have committed another burglary of a
dwelling. For purposes of this subdivision, "dwelling" means a
building which is, in whole or in part, usually occupied by one
or more persons living there at night; or
(7) Has previously been found by the court, pursuant to an
admission in court or after trial, to have committed three
offenses, none in the same behavioral incident, within the
preceding 24 months which would be felonies if committed by an
adult, and is alleged by delinquency petition to have committed
any felony other than those described in clause (2), (4), or
(5); or
(8) Is alleged by delinquency petition to have committed an
aggravated felony against the person, other than a violation of
section 609.713, in furtherance of criminal activity by an
organized gang; or
(9) Has previously been found by the court, pursuant to an
admission in court or after trial, to have committed an offense
which would be a felony if committed by an adult, and is alleged
by delinquency petition to have committed a felony-level
violation of chapter 152 involving the unlawful sale or
possession of a schedule I or II controlled substance, while in
a public park zone or a school zone as defined in sections 4 and
5. This clause does not apply to a juvenile alleged to have
unlawfully possessed a controlled substance in a private
residence located within the school zone or park zone.
For the purposes of this subdivision, "aggravated felony
against the person" means a violation of any of the following
provisions: section 609.185; 609.19; 609.195; 609.20,
subdivision 1 or 2; 609.221; 609.222; 609.223; 609.245; 609.25;
609.342; 609.343; 609.344, subdivision 1, clause (c) or (d);
609.345, subdivision 1, clause (c) or (d); 609.561; 609.582,
subdivision 1, clause (b) or (c); or 609.713.
For the purposes of this subdivision, an "organized gang"
means an association of five or more persons, with an
established hierarchy, formed to encourage members of the
association to perpetrate crimes or to provide support to
members of the association who do commit crimes.
Sec. 27. Minnesota Statutes 1988, section 609.11,
subdivision 7, is amended to read:
Subd. 7. [PROSECUTOR SHALL ESTABLISH.] Whenever reasonable
grounds exist to believe that the defendant or an accomplice
used a firearm or other dangerous weapon or had in possession a
firearm, at the time of commission of an offense listed in
subdivision 9, the prosecutor shall, at the time of trial or at
the plea of guilty, present on the record all evidence tending
to establish that fact unless it is otherwise admitted on the
record. The question of whether the defendant or an accomplice,
at the time of commission of an offense listed in subdivision 9,
used a firearm or other dangerous weapon or had in possession a
firearm shall be determined by the court on the record at the
time of a verdict or finding of guilt at trial or the entry of a
plea of guilty based upon the record of the trial or the plea of
guilty. The court shall determine on the record at the time of
sentencing whether the defendant has been convicted of a second
or subsequent offense in which the defendant or an accomplice,
at the time of commission of an offense listed in subdivision 9,
used a firearm or other dangerous weapon or had in possession a
firearm.
Sec. 28. Minnesota Statutes 1988, section 609.11,
subdivision 9, is amended to read:
Subd. 9. [APPLICABLE OFFENSES.] The crimes for which
mandatory minimum sentences shall be served before eligibility
for probation, parole, or supervised release as provided in this
section are: murder in the first, second, or third degree;
assault in the first, second, or third degree; burglary;
kidnapping; false imprisonment; manslaughter in the first or
second degree; aggravated robbery; simple robbery; criminal
sexual conduct under the circumstances described in sections
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a)
to (e) and (h) to (j); escape from custody; arson in the first,
second, or third degree; a felony violation of chapter 152; or
any attempt to commit any of these offenses.
Sec. 29. Minnesota Statutes 1988, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5316, the following terms have the meanings given
them.
(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
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) "Weapon used" means a weapon used in the furtherance of
a crime and defined as a dangerous weapon under section 609.02,
subdivision 6.
(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess
under Minnesota law.
(e) "Appropriate agency" means the bureau of criminal
apprehension, the Minnesota state patrol, a county sheriff's
department, the suburban Hennepin regional park district park
rangers, or a city or airport police department.
(f) "Designated offense" includes:
(1) For weapons used: any violation of this chapter;
(2) For all other purposes: a felony violation of, or 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; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562;
609.563; 609.582; 609.59; 609.595; 609.631; 609.671,
subdivisions 3, 4, and 5; 609.687; 609.821; 609.825; 609.86;
609.88; 609.89; or 617.246.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
Sec. 30. Minnesota Statutes 1988, section 609.5311,
subdivision 3, is amended to read:
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 $25 or more and the
conveyance device is associated with a felony-level controlled
substance crime.
(b) Real property is subject to forfeiture under this
section only if the retail value of the controlled substance is
$5,000 $1,000 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.
Sec. 31. Minnesota Statutes 1988, section 609.5314,
subdivision 1, is amended to read:
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 $100 or more if possession or sale
of the controlled substance would be a felony under chapter 152.
(b) A claimant of the property bears the burden to rebut
this presumption.
Sec. 32. Minnesota Statutes 1988, section 609.5315,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSITION.] If the court finds under
section 609.5313 or 609.5314 that the property is subject to
forfeiture, it may shall 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.
Sec. 33. Minnesota Statutes 1988, section 609.685, is
amended by adding a subdivision to read:
Subd. 1a. [GROSS MISDEMEANOR.] (a) Whoever sells tobacco
to a person under the age of 18 years is guilty of a gross
misdemeanor.
(b) It is an affirmative defense to a charge under this
subdivision if the defendant proves by a preponderance of the
evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.
Sec. 34. Minnesota Statutes 1988, section 609.685,
subdivision 2, is amended to read:
Subd. 2. [CRIME MISDEMEANOR.] Whoever furnishes tobacco or
tobacco related devices to a person under the age of 18 years is
guilty of a misdemeanor.
Sec. 35. [SENTENCING GUIDELINES COMMISSION; STUDY OF
MANDATORY MINIMUM SENTENCING LAW.]
The sentencing guidelines commission shall study sentencing
practices under section 609.11 to determine the following issues:
(1) whether prosecutors are complying with the statute's
requirement to place on the record any evidence tending to show
that a gun or dangerous weapon was used to commit an offense
listed in section 609.11, subdivision 9;
(2) whether courts are complying with the statute's
requirement to determine on the record the question of whether a
gun or dangerous weapon was used to commit an offense listed in
section 609.11, subdivision 9;
(3) the number of cases in which a prosecutor files a
motion under section 609.11, subdivision 8, seeking waiver of
the mandatory minimum sentence, the reasons given in these cases
to support the motion, and the disposition of these motions; and
(4) the number of cases in which the court, on its own
motion, sentences a defendant without regard to the mandatory
minimum sentence, the reasons given in these cases for the
court's departure, and the sentences pronounced by the court.
The commission shall submit a written report to the
legislature on or before February 1, 1991, summarizing its
findings on this study and recommending any changes necessary to
improve the operation of section 609.11.
Sec. 36. [LOCAL CORRECTIONAL RESOURCES; DATA COLLECTION;
NEEDS ASSESSMENT.]
Subdivision 1. [DUTIES OF THE SENTENCING GUIDELINES
COMMISSION, COUNTIES, AND COMMISSIONER OF CORRECTIONS.] The
sentencing guidelines commission, with the assistance of the
supreme court, the state planning agency, corrections
administrators, and the commissioner of corrections, shall
determine how more detailed information can be gathered on a
routine basis on local sentencing practices, usage of local
correctional resources, and local alternatives to incarceration
for convicted felons. The corrections administrator for each
county or group of counties participating in Minnesota Statutes,
chapter 401, shall furnish data and information to assist the
sentencing guidelines commission in making its determinations
under this subdivision as the determinations pertain to the
county or counties served by each administrator. In a like
manner the commissioner of corrections shall furnish pertinent
data on those counties which do not participate in Minnesota
Statutes, chapter 401.
Subd. 2. [NONIMPRISONMENT GUIDELINES PILOT PROJECT.] The
commissioner of corrections shall report to the sentencing
guidelines commission on the results of its nonimprisonment
guidelines pilot project when the project is completed. If the
pilot project is not completed by July 1, 1990, the commissioner
shall provide an interim report to the commission on or before
that date.
Subd. 3. [REPORT.] The sentencing guidelines commission
shall report to the legislature on or before February 1, 1991,
describing what improvements have been made to address
subdivision 1 and whether any legislative action is necessary to
implement further improvements.
Sec. 37. [REPEALER.]
Minnesota Statutes 1988, sections 152.09; and 152.15,
subdivisions 1, 2, 2a, 2b, 3, 4a, and 5, are repealed.
Sec. 38. [EFFECTIVE DATE.]
Sections 1 to 24, 26 to 32, and 37 are effective August 1,
1989, and apply to crimes committed and violations occurring on
or after that date. Sections 33 and 34 are effective July 1,
1989, and apply to crimes committed on or after that date.
ARTICLE 4
SEX OFFENDERS
Section 1. [241.67] [SEX OFFENDER TREATMENT; PROGRAMS;
STANDARDS; DATA.]
Subdivision 1. [SEX OFFENDER TREATMENT.] A sex offender
treatment system is established under the administration of the
commissioner of corrections to provide and finance a range of
sex offender treatment programs for eligible adults and
juveniles. Eligible offenders are:
(1) adults and juveniles committed to the custody of the
commissioner;
(2) adult offenders for whom treatment is required by the
court as a condition of probation; and
(3) juvenile offenders who have been found delinquent or
received a stay of adjudication, for whom the juvenile court has
ordered treatment.
Subd. 2. [TREATMENT PROGRAM STANDARDS.] By July 1, 1991,
the commissioner shall adopt rules under chapter 14 for the
certification of adult and juvenile sex offender treatment
programs in state and local correctional facilities. The rules
shall require that sex offender treatment programs be at least
four months in duration. After July 1, 1991, a correctional
facility may not operate a sex offender treatment program unless
the program has met the standards adopted by and been certified
by the commissioner of corrections. As used in this
subdivision, "correctional facility" has the meaning given it in
section 241.021, subdivision 1, clause (5).
Subd. 3. [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE
COMMISSIONER.] (a) The commissioner shall provide for a range of
sex offender treatment programs, including intensive sex
offender treatment, within the state adult correctional facility
system. Participation in any treatment program is voluntary and
is subject to the rules and regulations of the department of
corrections. Nothing in this section requires the commissioner
to accept or retain an offender in a treatment program. Nothing
in this section creates a right of an offender to treatment.
(b) The commissioner shall provide for residential and
outpatient sex offender treatment and aftercare when required
for conditional release under section 12 or as a condition of
supervised release.
Subd. 4. [PROGRAMS FOR JUVENILE OFFENDERS COMMITTED TO THE
COMMISSIONER.] The commissioner shall provide for sex offender
treatment programs for juveniles committed to the commissioner
by the courts under section 260.185, as provided under section 2.
Subd. 5. [PILOT PROGRAMS TO INCREASE ADULT AND JUVENILE
SEX OFFENDER TREATMENT.] (a) The commissioner shall designate
three or more pilot programs to increase sex offender treatment
for:
(1) adults convicted of a violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, 609.746, 609.79, 617.23,
617.246, or 617.247 who are sentenced by the court to
incarceration in a local correctional facility or to sex
offender treatment as a condition of probation; and
(2) juveniles found delinquent or receiving a stay of
adjudication for a violation of one of those sections for whom
the juvenile court has ordered sex offender treatment.
(b) At least one pilot program must be in the seven-county
metropolitan area, at least one program must be outside the
seven-county metropolitan area, at least one program must be in
a community corrections act county, and at least one program
must be in a noncommunity corrections act county.
(c) A public human services or community corrections agency
may apply to the commissioner for a pilot program grant. The
application must be submitted in a form approved by the
commissioner and must include:
(1) a proposal to increase treatment availability for sex
offenders sentenced by the district court in the county;
(2) evidence of participation by local correctional, human
services, court, and treatment professionals in identifying the
current treatment funding level in the county and unmet sex
offender treatment needs; and
(3) any other content the commissioner may require.
The commissioner may appoint an advisory task force to
assist in the review of applications and the award of grants.
Subd. 6. [SPECIALIZED CORRECTIONS AGENTS AND PROBATION
OFFICERS; SEX OFFENDER SUPERVISION.] By January 1, 1990, the
commissioner of corrections shall develop in-service training
for state and local corrections agents and probation officers
who supervise adult and juvenile sex offenders on probation or
supervised release. The commissioner shall make the training
available to all current and future corrections agents and
probation officers who supervise or will supervise sex offenders
on probation or supervised release.
After January 1, 1991, a state or local corrections agent
or probation officer may not supervise adult or juvenile sex
offenders on probation or supervised release unless the agent or
officer has completed the in-service sex offender supervision
training. The commissioner may waive this requirement if the
corrections agent or probation officer has completed equivalent
training as part of a post-secondary educational curriculum.
After January 1, 1991, when an adult sex offender is placed
on supervised release or is sentenced to probationary
supervision, and when a juvenile offender is found delinquent by
the juvenile court for a sex offense and placed on probation or
is paroled from a juvenile correctional facility, a corrections
agent or probation officer may not be assigned to the offender
unless the agent or officer has completed the in-service sex
offender supervision training.
Sec. 2. [242.195] [JUVENILE SEX OFFENDERS.]
Subdivision 1. [TREATMENT PROGRAMS.] The commissioner of
corrections shall provide for a range of sex offender treatment
programs, including intensive sex offender treatment, for
juveniles within state juvenile correctional facilities and
through purchase of service from county and private residential
and outpatient juvenile sex offender treatment programs.
Subd. 2. [SECURE CONFINEMENT.] If a juvenile sex offender
committed to the custody of the commissioner is in need of
secure confinement, the commissioner shall provide for the
appropriate level of sex offender treatment within a secure
facility or unit in a state juvenile correctional facility.
Subd. 3. [DISPOSITIONS.] When a juvenile is committed to
the commissioner of corrections by a juvenile court, upon a
finding of delinquency for a sex offense, the commissioner may,
for the purposes of treatment and rehabilitation:
(1) order the child confined to a state juvenile
correctional facility that provides the appropriate level of
juvenile sex offender treatment;
(2) purchase sex offender treatment from a county and place
the child in the county's qualifying juvenile correctional
facility;
(3) purchase sex offender treatment from a qualifying
private residential juvenile sex offender treatment program and
place the child in the program;
(4) purchase outpatient juvenile sex offender treatment for
the child from a qualifying county or private program and order
the child released on parole under treatment and other
supervisions and conditions the commissioner believes to be
appropriate;
(5) order reconfinement or renewed parole, revoke or modify
any order, or discharge the child under the procedures provided
in section 242.19, subdivision 2, paragraphs (c), (d), and (e);
or
(6) refer the child to a county welfare board or licensed
child-placing agency for placement in foster care, or when
appropriate, for initiation of child in need of protection or
services proceedings under section 242.19, subdivision 2,
paragraph (f).
Subd. 4. [QUALIFYING FACILITIES; TREATMENT PROGRAMS.] The
commissioner may not place a juvenile in a correctional facility
under this section unless the facility has met the requirements
of section 241.021, subdivision 2.
Sec. 3. Minnesota Statutes 1988, section 244.04,
subdivision 1, is amended to read:
Subdivision 1. [REDUCTION OF SENTENCE.] Notwithstanding
the provisions of section 609.11, subdivision 6, and section
609.346, subdivision 1, the term of imprisonment of any inmate
sentenced to a presumptive fixed sentence after May 1, 1980,
shall be reduced in duration by one day for each two days during
which the inmate violates none of the disciplinary offense rules
promulgated by the commissioner. The reduction shall accrue to
the period of supervised release to be served by the inmate,
except that the period of supervised release for a sex offender
sentenced and conditionally released by the commissioner under
section 10, subdivision 5, is governed by that provision.
Except as otherwise provided in subdivision 2, if an inmate
violates a disciplinary offense rule promulgated by the
commissioner, good time earned prior to the violation may not be
taken away, but the inmate may be required to serve an
appropriate portion of the term of imprisonment after the
violation without earning good time.
Sec. 4. Minnesota Statutes 1988, section 244.05,
subdivision 1, is amended to read:
Subdivision 1. [SUPERVISED RELEASE REQUIRED.] Except as
provided in subdivisions 4 and 5, every inmate shall serve a
supervised release term upon completion of the inmate's term of
imprisonment as reduced by any good time earned by the inmate or
extended by confinement in punitive segregation pursuant to
section 244.04, subdivision 2. Except for a sex offender
conditionally released under section 10, subdivision 5, the
supervised release term shall be equal to the period of good
time the inmate has earned, and shall not exceed the length of
time remaining in the inmate's sentence.
Sec. 5. Minnesota Statutes 1988, section 244.05,
subdivision 3, is amended to read:
Subd. 3. [SANCTIONS FOR VIOLATION.] If an inmate violates
the conditions of the inmate's supervised release imposed by the
commissioner, the commissioner may:
(1) continue the inmate's supervised release term, with or
without modifying or enlarging the conditions imposed on the
inmate; or
(2) revoke the inmate's supervised release and reimprison
the inmate for the appropriate period of time.
The period of time for which a supervised release may be
revoked may not exceed the period of time remaining in the
inmate's sentence, except that for a sex offender sentenced and
conditionally released under section 10, subdivision 5, the
period of time for which conditional release may be revoked may
not exceed the balance of the original sentence imposed less
good time earned under section 244.04, subdivision 1.
Sec. 6. Minnesota Statutes 1988, section 260.185,
subdivision 1, is amended to read:
Subdivision 1. If the court finds that the child is
delinquent, it shall enter an order making any of the following
dispositions of the case which are deemed necessary to the
rehabilitation of the child:
(a) Counsel the child or the parents, guardian, or
custodian;
(b) Place the child under the supervision of a probation
officer or other suitable person in the child's own home under
conditions prescribed by the court including reasonable rules
for conduct and the conduct of the child's parents, guardian, or
custodian, designed for the physical, mental, and moral
well-being and behavior of the child, or with the consent of the
commissioner of corrections, in a group foster care facility
which is under the management and supervision of said
commissioner;
(c) Subject to the supervision of the court, transfer legal
custody of the child to one of the following:
(1) A child placing agency; or
(2) The county welfare board; or
(3) A reputable individual of good moral character. No
person may receive custody of two or more unrelated children
unless licensed as a residential facility pursuant to sections
245.781 to 245.812; or
(4) Except for children found to be delinquent as defined
in section 260.015, subdivision 5, clauses (c) and (d), A county
home school, if the county maintains a home school or enters
into an agreement with a county home school; or
(5) A county probation officer for placement in a group
foster home established under the direction of the juvenile
court and licensed pursuant to section 241.021;
(d) Except for children found to be delinquent as defined
in section 260.015, subdivision 5, clauses (c) and (d), Transfer
legal custody by commitment to the commissioner of corrections;
(e) If the child is found to have violated a state or local
law or ordinance which has resulted in damage to the property of
another, the court may order the child to make reasonable
restitution for such damage;
(f) Require the child to pay a fine of up to $700; the
court shall order payment of the fine in accordance with a time
payment schedule which shall not impose an undue financial
hardship on the child;
(g) If the child is in need of special treatment and care
for reasons of 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;
(h) If the court believes that it is in the best interests
of the child and of public safety that the driver's license of
the child be canceled until the child's 18th birthday, the court
may recommend to the commissioner of public safety the
cancellation of the child's license for any period up to the
child's 18th birthday, and the commissioner is hereby authorized
to cancel such license without a hearing. At any time before
the termination of the period of cancellation, the court may,
for good cause, recommend to the commissioner of public safety
that the child be authorized to apply for a new license, and the
commissioner may so authorize.
If the child is petitioned and found by the court to have
committed or attempted to commit an act in violation of section
609.342, 609.343, 609.344, or 609.345, the court shall order an
independent professional assessment of the child's need for sex
offender treatment. An assessor providing an assessment for the
court may not have any direct or shared financial interest or
referral relationship resulting in shared financial gain with a
treatment provider. If the assessment indicates that the child
is in need of and amenable to sex offender treatment, the court
shall include in its disposition order a requirement that the
child undergo treatment.
Any order for a disposition authorized under this section
shall contain written findings of fact to support the
disposition ordered, and shall also set forth in writing the
following information:
(a) Why the best interests of the child are served by the
disposition ordered; and
(b) What alternative dispositions were considered by the
court and why such dispositions were not appropriate in the
instant case.
This subdivision applies to dispositions of juveniles found
to be delinquent as defined in section 260.015, subdivision 5,
clause (c) or (d) made prior to, on, or after January 1, 1978.
Sec. 7. [299C.155] [STANDARDIZED EVIDENCE COLLECTION; DNA
ANALYSIS DATA AND RECORDS.]
Subdivision 1. [DEFINITION.] As used in this section, "DNA
analysis" means the process through which deoxyribonucleic acid
(DNA) in a human biological specimen is analyzed and compared
with DNA from another human biological specimen for
identification purposes.
Subd. 2. [UNIFORM EVIDENCE COLLECTION.] The bureau shall
develop uniform procedures and protocols for collecting evidence
in cases of alleged or suspected criminal sexual conduct,
including procedures and protocols for the collection and
preservation of human biological specimens for DNA analysis.
Law enforcement agencies and medical personnel who conduct
evidentiary exams shall use the uniform procedures and protocols
in their investigation of criminal sexual conduct offenses.
Subd. 3. [DNA ANALYSIS AND DATA BANK.] The bureau shall
adopt uniform procedures and protocols to maintain, preserve,
and analyze human biological specimens for DNA. The bureau
shall establish a centralized system to cross-reference data
obtained from DNA analysis.
Subd. 4. [RECORDS.] The bureau shall perform DNA analysis
and make data obtained available to law enforcement officials in
connection with criminal investigations in which human
biological specimens have been recovered. Upon request, the
bureau shall also make the data available to the prosecutor and
the subject of the data in any subsequent criminal prosecution
of the subject.
Sec. 8. Minnesota Statutes 1988, section 526.10, is
amended to read:
526.10 [LAWS RELATING TO MENTALLY ILL PERSONS DANGEROUS TO
THE PUBLIC TO APPLY TO PSYCHOPATHIC PERSONALITIES; TRANSFER TO
CORRECTIONS.]
Subdivision 1. [PROCEDURE.] Except as otherwise
provided herein in this section or in chapter 253B, the
provisions of chapter 253B, pertaining to persons mentally ill
and dangerous to the public shall apply with like force and
effect to persons having a psychopathic personality, to persons
alleged to have such personality, and to persons found to have
such personality, respectively. Before such proceedings are
instituted, the facts shall first be submitted to the county
attorney, who, if satisfied that good cause exists therefor,
shall prepare the petition to be executed by a person having
knowledge of the facts and file the same with the judge of the
probate court of the county in which the "patient," as defined
in such statutes, has a settlement or is present. The judge of
probate shall thereupon follow the same procedures set forth in
chapter 253B, for judicial commitment. The judge may exclude
the general public from attendance at such hearing. If, upon
completion of the hearing and consideration of the record, the
court finds the proposed patient has a psychopathic personality,
the court shall commit such person to a public hospital or a
private hospital consenting to receive the person, subject to a
mandatory review by the head of the hospital within 60 days from
the date of the order as provided for in chapter 253B for
persons found to be mentally ill and dangerous to the public.
The patient shall thereupon be entitled to all of the rights
provided for in chapter 253B, for persons found to be mentally
ill and dangerous to the public, and all of the procedures
provided for in chapter 253B, for persons found to be mentally
ill and dangerous to the public shall apply to such
patient except as otherwise provided in subdivision 2.
Subd. 2. [TRANSFER TO CORRECTIONAL FACILITY.] Unless the
provisions of section 9 apply, if a person has been committed
under this section and also has been committed to the custody of
the commissioner of corrections, the person may be transferred
from a hospital to another facility designated by the
commissioner of corrections as provided in section 253B.18;
except that the special review board and the commissioner of
human services may consider the following factors in lieu of the
factors listed in section 253B.18, subdivision 6, to determine
whether a transfer to the commissioner of corrections is
appropriate:
(1) the person's unamenability to treatment;
(2) the person's unwillingness or failure to follow
treatment recommendations;
(3) the person's lack of progress in treatment at the
public or private hospital;
(4) the danger posed by the person to other patients or
staff at the public or private hospital; and
(5) the degree of security necessary to protect the public.
Sec. 9. [609.1351] [PETITION FOR CIVIL COMMITMENT.]
When a court sentences a person under section 10, 609.342,
609.343, 609.344, or 609.345, the court shall make a preliminary
determination whether in the court's opinion a petition under
section 526.10 may be appropriate. If the court determines that
a petition may be appropriate, the court shall forward its
preliminary determination along with supporting documentation to
the county attorney. If the person is subsequently committed
under section 526.10, the person shall serve the sentence in a
facility designated by the commissioner of corrections. After
the person has served the sentence the person shall be
transferred to a facility designated by the commissioner of
human services.
Sec. 10. [609.1352] [PATTERNED SEX OFFENDERS; SPECIAL
SENTENCING PROVISION.]
Subdivision 1. [SENTENCING AUTHORITY.] A court may
sentence a person to a term of imprisonment of not less than
double the presumptive sentence under the sentencing guidelines
and not more than the statutory maximum, or if the statutory
maximum is less than double the presumptive sentence, to a term
of imprisonment equal to the statutory maximum, if:
(1) the court is imposing an executed sentence, based on a
sentencing guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343,
609.344, or 609.345, or on a person convicted of committing or
attempting to commit any other crime listed in subdivision 2 if
it reasonably appears to the court that the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal;
(2) the court finds that the offender is a danger to public
safety; and
(3) the court finds that the offender needs long-term
treatment or supervision beyond the presumptive term of
imprisonment and supervised release. The finding must be based
on a professional assessment by an examiner experienced in
evaluating sex offenders that concludes that the offender is a
patterned sex offender. The assessment must contain the facts
upon which the conclusion is based, with reference to the
offense history of the offender or the severity of the current
offense, the social history of the offender, and the results of
an examination of the offender's mental status. The conclusion
may not be based on testing alone. A patterned sex offender is
one whose criminal sexual behavior is so engrained that the risk
of reoffending is great without intensive psychotherapeutic
intervention or other long-term controls.
Subd. 2. [PREDATORY CRIME.] A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1.
Subd. 3. [DANGER TO PUBLIC SAFETY.] The court shall base
its finding that the offender is a danger to public safety on
either of the following factors:
(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the sentencing guidelines; or
(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224,
including an offense committed as a juvenile that would have
been a predatory crime or a violation of section 609.224 if
committed by an adult.
Subd. 4. [DEPARTURE FROM GUIDELINES.] A sentence imposed
under subdivision 1 is a departure from the sentencing
guidelines.
Subd. 5. [CONDITIONAL RELEASE.] At the time of sentencing
under subdivision 1, the court may provide that after the
offender has completed one-half of the full pronounced sentence
imposed, without regard to good time, the commissioner of
corrections may place the offender on conditional release for
the remainder of the statutory maximum period or for ten years,
whichever is longer, if the commissioner finds that:
(1) the offender is amenable to treatment and has made
sufficient progress in a sex offender treatment program
available in prison to be released to a sex offender treatment
program operated by the department of human services or a
community sex offender treatment and reentry program; and
(2) the offender has been accepted in a program approved by
the commissioner that provides treatment, aftercare, and phased
reentry into the community.
The conditions of release must include successful
completion of treatment and aftercare in a program approved by
the commissioner and any other conditions the commissioner
considers appropriate. Before the offender is released, the
commissioner shall notify the sentencing court, the prosecutor
in the jurisdiction where the offender was sentenced and the
victim of the offender's crime, where available, of the terms of
the offender's conditional release. Release may be revoked and
the stayed sentence executed in its entirety less good time if
the offender fails to meet any condition of release. The
commissioner shall not dismiss the offender from supervision
before the sentence expires.
Conditional release granted under this subdivision is
governed by provisions relating to supervised release, except as
otherwise provided in this subdivision, section 244.04,
subdivision 1, or 244.05.
Subd. 6. [COMMISSIONER OF CORRECTIONS.] The commissioner
shall pay the cost of treatment of a person released under
subdivision 5. This section does not require the commissioner
to accept or retain an offender in a treatment program.
Sec. 11. Minnesota Statutes 1988, section 609.341,
subdivision 11, is amended to read:
Subd. 11. (a) "Sexual contact," for the purposes of
sections 609.343, subdivision 1, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e), and (h) to (j) (k),
includes any of the following acts committed without the
complainant's consent, except in those cases where consent is
not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts effected by coercion
or the use of a position of authority, or by inducement if the
complainant is under 13 years of age or mentally impaired, or
(iii) the touching by another of the complainant's intimate
parts effected by coercion or the use of a position of
authority, or
(iv) in any of the cases above, the touching of the
clothing covering the immediate area of the intimate parts.
(b) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (g) and (h), and 609.345, subdivision 1,
clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts;
(iii) the touching by another of the complainant's intimate
parts; or
(iv) in any of the cases listed above, touching of the
clothing covering the immediate area of the intimate parts.
Sec. 12. Minnesota Statutes 1988, section 609.342,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted under subdivision 1
may be sentenced to imprisonment for not more than 20 25 years
or to a payment of a fine of not more than $35,000 $40,000, or
both.
Sec. 13. Minnesota Statutes 1988, section 609.343,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted under subdivision 1
may be sentenced to imprisonment for not more than 15 20 years
or to a payment of a fine of not more than $30,000 $35,000, or
both.
Sec. 14. Minnesota Statutes 1988, section 609.344,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted under subdivision 1
may be sentenced to imprisonment for not more than ten 15 years
or to a payment of a fine of not more than $20,000 $30,000, or
both.
Sec. 15. Minnesota Statutes 1988, section 609.345,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] A person convicted under subdivision 1
may be sentenced to imprisonment for not more than five ten
years or to a payment of a fine of not more
than $10,000 $20,000, or both.
Sec. 16. [609.3461] [DNA ANALYSIS OF SEX OFFENDERS
REQUIRED.]
When a court sentences a person convicted of violating or
attempting to violate section 609.342, 609.343, 609.344, or
609.345, or the juvenile court adjudicates a person a delinquent
child for violating or attempting to violate section 609.342,
609.343, 609.344, or 609.345, it shall order the person to
provide a biological specimen for the purpose of DNA analysis as
defined in section 7. The biological specimen or the results of
the analysis shall be maintained by the bureau of criminal
apprehension as provided in section 7. If a person convicted of
violating or attempting to violate section 609.342, 609.343,
609.344, or 609.345, and committed to the custody of the
commissioner of corrections for a term of imprisonment has not
provided a biological specimen for the purpose of DNA analysis,
the commissioner of corrections or local corrections authority
shall order the person to provide a biological specimen for the
purpose of DNA analysis before completion of the person's term
of imprisonment. The commissioner of corrections or local
corrections authority shall forward the sample to the bureau of
criminal apprehension.
Sec. 17. Minnesota Statutes 1988, section 628.26, is
amended to read:
628.26 [LIMITATIONS.]
(a) Indictments or complaints for murder may be found or
made at any time after the death of the person killed.
(b) Indictments or complaints for violation of section
609.42, subdivision 1, clause (1) or (2), shall be found or made
and filed in the proper court within six years after the
commission of the offense.
(c) Indictments or complaints for violation of sections
609.342 to 609.345 if the victim was under the age of 18 years
at the time the offense was committed, shall be found or made
and filed in the proper court within seven years after the
commission of the offense or, if the victim failed to report the
offense within this limitation period, within two years after
the offense was reported to law enforcement authorities, but in
no event may an indictment or complaint be found or made after
the victim attains the age of 25 years.
(d) Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3)(c) shall be found
or made and filed in the proper court within six years after the
commission of the offense.
(e) Indictments or complaints for violation of section
609.52, subdivision 2, clause (3), items (a) and (b), (4), (15),
or (16), 609.631, or 609.821, where the value of the property or
services stolen is more than $35,000, shall be found or made and
filed in the proper court within five years after the commission
of the offense.
(f) Except for violations relating to false material
statements, representations or omissions, indictments or
complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the
commission of the offense.
(g) In all other cases, indictments or complaints shall be
found or made and filed in the proper court within three years
after the commission of the offense; but the time during which
the defendant shall not be an inhabitant of, or usually resident
within, this state, shall not constitute any part of the
limitations imposed by this section.
Sec. 18. [634.25] [ADMISSIBILITY OF RESULTS OF DNA
ANALYSIS.]
In a civil or criminal trial or hearing, the results of DNA
analysis, as defined in section 10, are admissible in evidence
without antecedent expert testimony that DNA analysis provides a
trustworthy and reliable method of identifying characteristics
in an individual's genetic material upon a showing that the
offered testimony meets the standards for admissibility set
forth in the Rules of Evidence.
Sec. 19. [634.26] [STATISTICAL PROBABILITY EVIDENCE.]
In a civil or criminal trial or hearing, statistical
population frequency evidence, based on genetic or blood test
results, is admissible to demonstrate the fraction of the
population that would have the same combination of genetic
markers as was found in a specific human biological specimen.
"Genetic marker" means the various blood types or DNA types that
an individual may possess.
Sec. 20. [CHILD PROTECTION SYSTEM STUDY COMMISSION.]
Subdivision 1. [MEMBERSHIP.] A child protection system
study commission is created consisting of five members of the
house of representatives appointed by the speaker of the house
and five members of the senate appointed by the senate
subcommittee on subcommittees. The commission shall select from
its membership a chair or co-chairs and other officers it
considers necessary.
Subd. 2. [STUDIES.] The commission shall study:
(1) the current structure and operation of the child
protection system at the state and county level;
(2) the current operation of the child abuse reporting act,
including whether the reporting act should be expanded to
mandate reports of emotional harm and threatened harm, and
whether its definitions of physical and sexual abuse should be
expanded to include threatened harm;
(3) the ways in which the child protection system can
provide more effective intervention and prevention services for
sexually aggressive and sexually abused children; and
(4) other ways in which the child protection system and the
child abuse reporting act can be improved.
Subd. 3. [REPORT.] The commission shall report to the
legislature on its findings and recommendations not later than
February 15, 1990, and ceases to function after that date.
Subd. 4. [COMPENSATION.] Members of the commission must be
compensated in the same manner as for other legislative meetings.
Sec. 21. [EVALUATION OF SEX OFFENDER TREATMENT FUNDING.]
Subdivision 1. [EVALUATION.] The commissioner of
corrections and the commissioner of human services shall
evaluate funding mechanisms for existing sex offender treatment
programs. The commissioners must evaluate the funding of sex
offender treatment programs for adults and juveniles and make
findings concerning:
(1) the extent to which sex offender treatment programs are
used on a statewide basis; and
(2) the effectiveness and adequacy of existing funding
mechanisms.
Subd. 2. [PILOT PROGRAM EVALUATION.] The commissioner of
corrections and the commissioner of human services shall
evaluate the pilot programs designated under section 1,
subdivision 5, and include an analysis of the programs in the
report required under this section.
Subd. 3. [REPORT.] The commissioner of corrections and the
commissioner of human services shall report to the legislature
by January 1, 1991, their findings and recommendations to
improve funding equity and statewide availability of treatment
programs, including recommendations to increase funding.
Sec. 22. [EFFECTIVE DATE.]
Sections 1, 2, 7 to 9, 11, 18, and 19 are effective August
1, 1989. Sections 3 to 6, 10, and 12 to 15 are effective August
1, 1989 and apply to offenses committed on or after that date,
but a court may consider acts committed before the effective
date in determining whether an offender is a danger to public
safety under section 10, subdivision 3. Section 17 is effective
August 1, 1989, and applies to crimes committed on or after that
date, and to crimes committed before that date if the
limitations period for the crime did not expire before August 1,
1989. Section 16 is effective January 1, 1990, and applies to
persons sentenced or released from incarceration on or after
that date.
ARTICLE 5
PRENATAL EXPOSURE TO CERTAIN CONTROLLED SUBSTANCES
Section 1. [121.883] [PROGRAM FOR PUBLIC EDUCATION
REGARDING THE EFFECTS OF CONTROLLED SUBSTANCE AND ALCOHOL USE
DURING PREGNANCY.]
Subdivision 1. [PUBLIC EDUCATION REGARDING THE EFFECTS OF
CONTROLLED SUBSTANCE AND ALCOHOL USE DURING PREGNANCY.] The
commissioner of education, in consultation with the commissioner
of health, shall assist school districts in developing and
implementing programs to prevent and reduce the risk of harm to
unborn children exposed to controlled substance and alcohol use
by their mother during pregnancy. Each district program must,
at a minimum:
(1) use planning materials, guidelines, and other
technically accurate and updated information;
(2) maintain a comprehensive, technically accurate, and
updated curriculum;
(3) be directed at adolescents, especially those who may be
at high risk of pregnancy coupled with controlled substance or
alcohol use;
(4) provide in-service training for appropriate district
staff; and
(5) collaborate with appropriate state and local agencies
and organizations.
Sec. 2. Minnesota Statutes 1988, section 253B.02,
subdivision 2, is amended to read:
Subd. 2. [CHEMICALLY DEPENDENT PERSON.] "Chemically
dependent person" means any person (a) determined as being
incapable of self-management or management of personal affairs
by reason of the habitual and excessive use of alcohol or drugs;
and (b) whose recent conduct as a result of habitual and
excessive use of alcohol or drugs poses a substantial likelihood
of physical harm to self or others as demonstrated by (i) a
recent attempt or threat to physically harm self or others, (ii)
evidence of recent serious physical problems, or (iii) a failure
to obtain necessary food, clothing, shelter, or medical care.
"Chemically dependent person" also means a pregnant woman who
has engaged during the pregnancy in habitual or excessive use,
for a nonmedical purpose, of any of the following controlled
substances or their derivatives: cocaine, heroin,
phencyclidine, methamphetamine, or amphetamine.
Sec. 3. Minnesota Statutes 1988, section 253B.02,
subdivision 10, is amended to read:
Subd. 10. [INTERESTED PERSON.] "Interested person" means
an adult, including but not limited to, a public official,
including a local welfare agency acting under section 5, and the
legal guardian, spouse, parent, legal counsel, adult child, next
of kin, or other person designated by a proposed patient.
Sec. 4. Minnesota Statutes 1988, section 626.556,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection by a person
responsible for the child's care, or by a person in a position
of authority, as defined in section 609.341, subdivision 10, to
any act which constitutes a violation of section 609.342,
609.343, 609.344, or 609.345. Sexual abuse also includes any
act which involves a minor which constitutes a violation of
sections 609.321 to 609.324 or 617.246.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, or other lawful custodian of a
child having either full-time or short-term care
responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(c) "Neglect" means failure by a person responsible for a
child's care to supply a child with necessary food, clothing,
shelter or medical care when reasonably able to do so or failure
to protect a child from conditions or actions which imminently
and seriously endanger the child's physical or mental health
when reasonably able to do so. Nothing in this section shall be
construed to (1) mean that a child is neglected solely because
the child's parent, guardian, or other person responsible for
the child's care in good faith selects and depends upon
spiritual means or prayer for treatment or care of disease or
remedial care of the child, or (2) impose upon persons, not
otherwise legally responsible for providing a child with
necessary food, clothing, shelter, or medical care, a duty to
provide that care. "Neglect" includes prenatal exposure to a
controlled substance, as defined in section 5, used by the
mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test
performed on the mother at delivery or the child at birth, or
medical effects or developmental delays during the child's first
year of life that medically indicate prenatal exposure to a
controlled substance. Neglect also means "medical neglect" as
defined in section 260.015, subdivision 10 2a, clause (e) (5).
(d) "Physical abuse" means any physical injury inflicted by
a person responsible for the child's care on a child other than
by accidental means, or any physical injury that cannot
reasonably be explained by the child's history of injuries, or
any aversive and deprivation procedures that have not been
authorized under section 245.825.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff pursuant to this
section.
(f) "Facility" means a day care facility, residential
facility, agency, hospital, sanitarium, or other facility or
institution required to be licensed pursuant to sections 144.50
to 144.58, 241.021, or 245.781 to 245.812.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling and the provision of guardian ad litem
services.
Sec. 5. [626.5561] [REPORTING OF PRENATAL EXPOSURE TO
CONTROLLED SUBSTANCES.]
Subdivision 1. [REPORTS REQUIRED.] A person mandated to
report under section 626.556, subdivision 3, shall immediately
report to the local welfare agency if the person knows or has
reason to believe that a woman is pregnant and has used a
controlled substance for a nonmedical purpose during the
pregnancy. Any person may make a voluntary report if the person
knows or has reason to believe that a woman is pregnant and has
used a controlled substance for a nonmedical purpose during the
pregnancy.
Subd. 2. [LOCAL WELFARE AGENCY.] If the report alleges a
pregnant woman's use of a controlled substance for a nonmedical
purpose, the local welfare agency shall immediately conduct an
appropriate assessment and offer services indicated under the
circumstances. Services offered may include, but are not
limited to, a referral for chemical dependency assessment, a
referral for chemical dependency treatment if recommended, and a
referral for prenatal care. The local welfare agency may also
take any appropriate action under chapter 253B, including
seeking an emergency admission under section 253B.05. The local
welfare agency shall seek an emergency admission under section
253B.05 if the pregnant woman refuses recommended voluntary
services or fails recommended treatment.
Subd. 3. [RELATED PROVISIONS.] Reports under this section
are governed by section 626.556, subdivisions 4, 4a, 5, 6, 7, 8,
and 11.
Subd. 4. [CONTROLLED SUBSTANCES.] For purposes of this
section and section 6, "controlled substance" means a controlled
substance classified in schedule I, II, or III under chapter 152.
Sec. 6. [626.5562] [TOXICOLOGY TESTS REQUIRED.]
Subdivision 1. [TEST; REPORT.] A physician shall
administer a toxicology test to a pregnant woman under the
physician's care to determine whether there is evidence that she
has ingested a controlled substance, if the woman has
obstetrical complications that are a medical indication of
possible use of a controlled substance for a nonmedical
purpose. If the test results are positive, the physician shall
report the results under section 5. A negative test result does
not eliminate the obligation to report under section 5, if other
evidence gives the physician reason to believe the patient has
used a controlled substance for a nonmedical purpose.
Subd. 2. [NEWBORNS.] A physician shall administer to each
newborn infant born under the physician's care a toxicology test
to determine whether there is evidence of prenatal exposure to a
controlled substance, if the physician has reason to believe
based on a medical assessment of the mother or the infant that
the mother used a controlled substance for a nonmedical purpose
prior to the birth. If the test results are positive, the
physician shall report the results as neglect under section
626.556. A negative test result does not eliminate the
obligation to report under section 626.556 if other medical
evidence of prenatal exposure to a controlled substance is
present.
Subd. 3. [REPORT TO DEPARTMENT OF HEALTH.] Physicians
shall report to the department of health the results of tests
performed under subdivisions 1 and 2. A report shall be made on
February 1 and August 1 of each year, beginning February 1,
1990. The reports are medical data under section 13.42.
Subd. 4. [IMMUNITY FROM LIABILITY.] Any physician or other
medical personnel administering a toxicology test to determine
the presence of a controlled substance in a pregnant woman or in
a child at birth or during the first month of life is immune
from civil or criminal liability arising from administration of
the test, if the physician ordering the test believes in good
faith that the test is required under this section and the test
is administered in accordance with an established protocol and
reasonable medical practice.
Subd. 5. [RELIABILITY OF TESTS.] A positive test result
reported under this section must be obtained from a confirmatory
test performed by a drug testing laboratory licensed by the
department of health. The confirmatory test must meet the
standards established under section 181.953, subdivision 1, and
the rules adopted under it.
ARTICLE 6
PENALTY INCREASES
Section 1. Minnesota Statutes 1988, 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 ten years, or to payment of a
fine of not more than $20,000, 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 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 three years, or to payment of a
fine of not more than $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 one year and one day two years, or to payment of a
fine of not more than $3,000 $4,000, 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, 3, clause (a),
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. 2. Minnesota Statutes 1988, section 297D.09,
subdivision 1a, is amended to read:
Subd. 1a. [CRIMINAL PENALTY; SALE WITHOUT AFFIXED STAMPS.]
In addition to the tax penalty imposed, a dealer distributing or
possessing marijuana or controlled substances without affixing
the appropriate stamps, labels, or other indicia is guilty of a
crime and, upon conviction, may be sentenced to imprisonment for
not more than five seven years or to payment of a fine of not
more than $10,000 $14,000, or both.
Sec. 3. Minnesota Statutes 1988, section 299F.80,
subdivision 1, is amended to read:
Subdivision 1. Except as provided in subdivision 2,
whoever possesses explosives without a valid license or permit
may be sentenced to imprisonment for not more than three five
years.
Sec. 4. Minnesota Statutes 1988, section 325D.56,
subdivision 2, is amended to read:
Subd. 2. Any person who is found to have willfully
committed any of the acts enumerated in section 325D.53 shall be
guilty of a felony and subject to a fine of not more than
$50,000 or imprisonment in the state penitentiary for not more
than five seven years, or both.
Sec. 5. Minnesota Statutes 1988, section 609.205, is
amended to read:
609.205 [MANSLAUGHTER IN THE SECOND DEGREE.]
A person who causes the death of another by any of the
following means is guilty of manslaughter in the second degree
and may be sentenced to imprisonment for not more than seven ten
years or to payment of a fine of not more than $14,000 $20,000,
or both:
(1) by the person's culpable negligence whereby the person
creates an unreasonable risk, and consciously takes chances of
causing death or great bodily harm to another; or
(2) by shooting another with a firearm or other dangerous
weapon as a result of negligently believing the other to be a
deer or other animal; or
(3) by setting a spring gun, pit fall, deadfall, snare, or
other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal,
known by the person to have vicious propensities or to have
caused great or substantial bodily harm in the past, to run
uncontrolled off the owner's premises, or negligently failing to
keep it properly confined.
If proven by a preponderance of the evidence, it shall be
an affirmative defense to criminal liability under clause (4)
that the victim provoked the animal to cause the victim's death.
Sec. 6. Minnesota Statutes 1988, section 609.21,
subdivision 1, is amended to read:
Subdivision 1. [RESULTING IN DEATH.] Whoever causes the
death of a human being not constituting murder or manslaughter
as a result of operating a vehicle as defined in section 169.01,
subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more,
is guilty of criminal vehicular operation resulting in death 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.
Sec. 7. Minnesota Statutes 1988, section 609.21,
subdivision 2, is amended to read:
Subd. 2. [RESULTING IN INJURY.] Whoever causes great
bodily harm to another, as defined in section 609.02,
subdivision 8, not constituting attempted murder or assault as a
result of operating a vehicle defined in section 169.01,
subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more,
is guilty of criminal vehicular operation resulting in injury
and may be sentenced to imprisonment for not more than three
five years or the payment of a fine of not more than
$5,000 $10,000, or both.
Sec. 8. Minnesota Statutes 1988, section 609.221, is
amended to read:
609.221 [ASSAULT IN THE FIRST DEGREE.]
Whoever assaults another and inflicts great bodily harm may
be sentenced to imprisonment for not more than ten 20 years or
to payment of a fine of not more than $20,000 $30,000, or both.
Sec. 9. Minnesota Statutes 1988, section 609.222, is
amended to read:
609.222 [ASSAULT IN THE SECOND DEGREE.]
Whoever assaults another with a dangerous weapon may be
sentenced to imprisonment for not more than five seven years or
to payment of a fine of not more than $10,000 $14,000, or both.
Sec. 10. Minnesota Statutes 1988, section 609.223, is
amended to read:
609.223 [ASSAULT IN THE THIRD DEGREE.]
Whoever assaults another and inflicts substantial bodily
harm may be sentenced to imprisonment for not more than three
five years or to payment of a fine of not more than
$5,000 $10,000, or both.
Sec. 11. Minnesota Statutes 1988, section 609.2231,
subdivision 1, is amended to read:
Subdivision 1. [PEACE OFFICERS.] Whoever assaults a peace
officer licensed under section 626.845, subdivision 1, when that
officer is effecting a lawful arrest or executing any other duty
imposed by law and inflicts demonstrable bodily harm is guilty
of a felony and may be sentenced to imprisonment for not more
than one year and a day two years or to payment of a fine of not
more than $3,000 $4,000, or both.
Sec. 12. Minnesota Statutes 1988, section 609.255,
subdivision 3, is amended to read:
Subd. 3. [UNREASONABLE RESTRAINT OF CHILDREN.] A parent,
legal guardian, or caretaker who intentionally subjects a child
under the age of 18 years to unreasonable physical confinement
or restraint by means including but not limited to, tying,
locking, caging, or chaining for a prolonged period of time and
in a cruel manner which is excessive under the circumstances, is
guilty of unreasonable restraint of a child and 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. If the confinement or
restraint results in substantial bodily harm, that person may be
sentenced to imprisonment for not more than three five years or
to payment of not more than $5,000 $10,000, or both.
Sec. 13. Minnesota Statutes 1988, section 609.2665, is
amended to read:
609.2665 [MANSLAUGHTER OF AN UNBORN CHILD IN THE SECOND
DEGREE.]
A person who causes the death of an unborn child by any of
the following means is guilty of manslaughter of an unborn child
in the second degree and may be sentenced to imprisonment for
not more than seven ten years or to payment of a fine of not
more than $14,000 $20,000, or both:
(1) by the actor's culpable negligence whereby the actor
creates an unreasonable risk and consciously takes chances of
causing death or great bodily harm to an unborn child or a
person;
(2) by shooting the mother of the unborn child with a
firearm or other dangerous weapon as a result of negligently
believing her to be a deer or other animal;
(3) by setting a spring gun, pit fall, deadfall, snare, or
other like dangerous weapon or device; or
(4) by negligently or intentionally permitting any animal,
known by the person to have vicious propensities or to have
caused great or substantial bodily harm in the past, to run
uncontrolled off the owner's premises, or negligently failing to
keep it properly confined.
If proven by a preponderance of the evidence, it shall be
an affirmative defense to criminal liability under clause (4)
that the mother of the unborn child provoked the animal to cause
the unborn child's death.
Sec. 14. Minnesota Statutes 1988, section 609.267, is
amended to read:
609.267 [ASSAULT OF AN UNBORN CHILD IN THE FIRST DEGREE.]
Whoever assaults a pregnant woman and inflicts great bodily
harm on an unborn child who is subsequently born alive may be
sentenced to imprisonment for not more than ten 15 years or to
payment of a fine of not more than $20,000 $30,000, or both.
Sec. 15. Minnesota Statutes 1988, section 609.323,
subdivision 1, is amended to read:
Subdivision 1. Whoever, while acting other than as a
prostitute or patron, intentionally receives profit, knowing or
having reason to know that it is derived from the prostitution,
or the promotion of the prostitution, of an individual under the
age of 13 years, may be sentenced to imprisonment for not more
than ten 15 years or to payment of a fine of not more than
$20,000 $30,000, or both.
Sec. 16. Minnesota Statutes 1988, section 609.377, is
amended to read:
609.377 [MALICIOUS PUNISHMENT OF A CHILD.]
A parent, legal guardian, or caretaker who, by an
intentional act or a series of intentional acts with respect to
a child, evidences unreasonable force or cruel discipline that
is excessive under the circumstances is guilty of malicious
punishment of a child and 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. If the punishment results in substantial
bodily harm, that person may be sentenced to imprisonment for
not more than three five years or to payment of a fine of not
more than $5,000 $10,000, or both.
Sec. 17. Minnesota Statutes 1988, section 609.445, is
amended to read:
609.445 [FAILURE TO PAY OVER STATE FUNDS.]
Whoever receives money on behalf of or for the account of
the state or any of its agencies or subdivisions and
intentionally refuses or omits to pay the same to the state or
its agency or subdivision entitled thereto, or to an officer or
agent authorized to receive the same, may be sentenced to
imprisonment for not more than three five years or to payment of
a fine of not more than $5,000 $10,000, or both.
Sec. 18. Minnesota Statutes 1988, section 609.48,
subdivision 4, is amended to read:
Subd. 4. [SENTENCE.] Whoever violates this section may be
sentenced as follows:
(1) If the false statement was made upon the trial of a
felony charge, or upon an application for an explosives license
or use permit, to imprisonment for not more than five seven
years or to payment of a fine of not more than $10,000 $14,000,
or both; or
(2) In all other cases, to imprisonment for not more than
three five years or to payment of a fine of not more than
$5,000 $10,000, or both.
Sec. 19. Minnesota Statutes 1988, section 609.487,
subdivision 4, is amended to read:
Subd. 4. [FLEEING AN OFFICER; DEATH; BODILY INJURY.]
Whoever flees or attempts to flee by means of a motor vehicle a
peace officer who is acting in the lawful discharge of an
official duty, and the perpetrator knows or should reasonably
know the same to be a peace officer, and who in the course of
fleeing causes the death of a human being not constituting
murder or manslaughter or any bodily injury to any person other
than the perpetrator may be sentenced to imprisonment as follows:
(a) If the course of fleeing results in death, to
imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both; or
(b) If the course of fleeing results in great bodily harm,
to imprisonment for not more than five seven years or to payment
of a fine of not more than $10,000 $14,000, or both; or
(c) If the course of fleeing results in substantial bodily
harm, to imprisonment for not more than three five years or to
payment of a fine of not more than $5,000 $10,000, or both.
Sec. 20. Minnesota Statutes 1988, section 609.576, is
amended to read:
609.576 [NEGLIGENT FIRES.]
Whoever is culpably negligent in causing a fire to burn or
get out of control thereby causing damage or injury to another,
and as a result thereof:
(a) a human being is injured and great bodily harm
incurred, is guilty of a crime and may be sentenced to
imprisonment of not more than three five years or to a fine of
not more than $5,000 $10,000, or both; or
(b) property of another is injured, thereby, is guilty of a
crime and may be sentenced as follows:
(1) to imprisonment for not more than 90 days or to payment
of a fine of not more than $700, or both, if the value of the
property damage is under $300;
(2) to imprisonment for not more than one year, or to a
fine of $3,000 or both, if the value of the property damaged is
at least $300 but is less than $10,000;
(3) to imprisonment for not less than 90 days nor more than
three years, or to a fine of not more than $5,000, or both, if
the value of the property damaged is $10,000 or more.
Sec. 21. Minnesota Statutes 1988, section 609.62,
subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING.] Whoever, with intent to
defraud, does any of the following may be sentenced to
imprisonment for not more than two three years or to payment of
a fine of not more than $4,000 $6,000, or both:
(1) Conceals, removes, or transfers any personal property
in which the actor knows that another has a security interest;
or
(2) Being an obligor and knowing the location of the
property refuses to disclose the same to an obligee entitled to
possession thereof.
Sec. 22. Minnesota Statutes 1988, section 609.86,
subdivision 3, is amended to read:
Subd. 3. [SENTENCE.] Whoever commits commercial bribery
may be sentenced as follows:
(1) To imprisonment for not more than three five years or
to payment of a fine of not more than $5,000 $10,000, or both,
if the value of the benefit, consideration, compensation or
reward is greater than $500;
(2) In all other cases where the value of the benefit,
consideration, compensation or reward is $500 or less, to
imprisonment for not more than 90 days or to payment of a fine
of not more than $700; provided, however, in any prosecution of
the value of the benefit, consideration, compensation or reward
received by the defendant within any six-month period may be
aggregated and the defendant charged accordingly in applying the
provisions of this subdivision; provided that when two or more
offenses are committed by the same person in two or more
counties, the accused may be prosecuted in any county in which
one of the offenses was committed, or all of the offenses
aggregated under this clause.
Sec. 23. [EFFECTIVE DATE.]
Sections 1 to 22 are effective August 1, 1989, and apply to
crimes committed on or after that date.
ARTICLE 7
MISCELLANEOUS CRIMINAL PROVISIONS
Section 1. Minnesota Statutes 1988, section 340A.701, is
amended to read:
340A.701 [FELONIES.]
Subdivision 1. [UNLAWFUL ACTS.] It is a felony:
(1) to manufacture alcoholic beverages in violation of this
chapter;
(2) to transport or import alcoholic beverages into the
state in violation of this chapter for purposes of resale; or
(3) to sell or give away for beverage purposes poisonous
alcohol, methyl alcohol, denatured alcohol, denaturing material,
or any other alcoholic substance capable of causing serious
physical or mental injuries to a person consuming it.; or
(4) for a person other than a licensed retailer of
alcoholic beverages, a bottle club permit holder, a municipal
liquor store, or an employee or agent of any of these who is
acting within the scope of employment, to violate the provisions
of section 340A.503, subdivision 2, clause (1), by selling
alcoholic beverages if the underage purchaser of the alcoholic
beverage becomes intoxicated and causes or suffers death or
great bodily harm as a result of the intoxication.
Subd. 2. [PRESUMPTIVE SENTENCE.] In determining an
appropriate disposition for a violation of subdivision 1, clause
(4), the court shall presume that a stay of execution with a
90-day period of incarceration as a condition of probation shall
be imposed unless the defendant's criminal history score
determined according to the sentencing guidelines indicates a
presumptive executed sentence, in which case the presumptive
executed sentence shall be imposed unless the court departs from
the sentencing guidelines under section 244.10. A stay of
imposition of sentence may be granted only if accompanied by a
statement on the record of the reasons for it.
Sec. 2. Minnesota Statutes 1988, section 340A.702, is
amended to read:
340A.702 [GROSS MISDEMEANORS.]
It is a gross misdemeanor:
(1) to sell an alcoholic beverage without a license
authorizing the sale;
(2) for a licensee to refuse or neglect to obey a lawful
direction or order of the commissioner or the commissioner's
agent, withhold information or a document the commissioner calls
for examination, obstruct or mislead the commissioner in the
execution of the commissioner's duties or swear falsely under
oath;
(3) to violate the provisions of sections 340A.301 to
340A.313;
(4) to violate the provisions of section 340A.508;
(5) for any person, partnership, or corporation to
knowingly have or possess direct or indirect interest in more
than one off-sale intoxicating liquor license in a municipality
in violation of section 340A.412, subdivision 3;
(6) to sell or otherwise dispose of intoxicating liquor
within 1,000 feet of a state hospital, training school,
reformatory, prison, or other institution under the supervision
and control, in whole or in part, of the commissioner of human
services or the commissioner of corrections;
(7) to violate the provisions of section 340A.502;
(8) except as otherwise provided in section 340A.701, to
violate the provisions of section 340A.503, subdivision 2,
clause (1) or (3);
(9) to withhold any information, book, paper, or other
thing called for by the commissioner for the purpose of an
examination;
(10) to obstruct or mislead the commissioner in the
execution of the commissioner's duties; or
(11) to swear falsely concerning any matter stated under
oath.
Sec. 3. Minnesota Statutes 1988, section 609.26,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS.] Whoever intentionally
does any of the following acts may be charged with a felony and,
upon conviction, may be sentenced as provided in subdivision 6:
(1) conceals a minor child from the child's parent where
the action manifests an intent substantially to deprive that
parent of parental rights or conceals a minor child from another
person having the right to visitation or custody where the
action manifests an intent to substantially deprive that person
of rights to visitation or custody;
(2) takes, obtains, retains, or fails to return a minor
child in violation of a court order which has transferred legal
custody under chapter 260 to the commissioner of human services,
a child placing agency, or the county welfare board;
(3) takes, obtains, retains, or fails to return a minor
child from or to the parent in violation of a court order, where
the action manifests an intent substantially to deprive that
parent of rights to visitation or custody; or
(4) takes, obtains, retains, or fails to return a minor
child from or to a parent after commencement of an action
relating to child visitation or custody but prior to the
issuance of an order determining custody or visitation rights,
where the action manifests an intent substantially to deprive
that parent of parental rights.; or
(5) retains a child in this state with the knowledge that
the child was removed from another state in violation of any of
the above provisions.
Sec. 4. Minnesota Statutes 1988, section 609.26,
subdivision 6, is amended to read:
Subd. 6. [PENALTY.] Except as otherwise provided in
subdivision 5, whoever violates this section may be sentenced to
imprisonment for not more than two years or to payment of a fine
of $4,000, or both. as follows:
(1) to imprisonment for not more than two years or to
payment of a fine of not more than $4,000, or both; or
(2) to imprisonment for not more than four years or to
payment of a fine of not more than $8,000, or both, if the court
finds that:
(i) the defendant committed the violation while possessing
a dangerous weapon or caused substantial bodily harm to effect
the taking;
(ii) the defendant abused or neglected the child during the
concealment, detention, or removal of the child;
(iii) the defendant inflicted or threatened to inflict
physical harm on a parent or lawful custodian of the child or on
the child with intent to cause the parent or lawful custodian to
discontinue criminal prosecution;
(iv) the defendant demanded payment in exchange for return
of the child or demanded to be relieved of the financial or
legal obligation to support the child in exchange for return of
the child; or
(v) the defendant has previously been convicted under this
section or a similar statute of another jurisdiction.
Sec. 5. Minnesota Statutes 1988, section 609.52, is
amended to read:
609.52 [THEFT.]
Subdivision 1. [DEFINITIONS.] In this section:
(1) "Property" means all forms of tangible property,
whether real or personal, without limitation including documents
of value, electricity, gas, water, corpses, domestic animals,
dogs, pets, fowl, and heat supplied by pipe or conduit by
municipalities or public utility companies and articles, as
defined in clause (4), representing trade secrets, which
articles shall be deemed for the purposes of Extra Session Laws
1967, chapter 15 to include any trade secret represented by the
article.
(2) "Movable property" is property whose physical location
can be changed, including without limitation things growing on,
affixed to or found in land.
(3) "Value" means the retail market value at the time of
the theft, or if the retail market value cannot be ascertained,
the cost of replacement of the property within a reasonable time
after the theft, or in the case of a theft or the making of a
copy of an article representing a trade secret, where the retail
market value or replacement cost cannot be ascertained, any
reasonable value representing the damage to the owner which the
owner has suffered by reason of losing an advantage over those
who do not know of or use the trade secret. For a theft
committed within the meaning of subdivision 2, clause (5), (a)
and (b), if the property has been restored to the owner, "value"
means the value of the use of the property or the damage which
it sustained, whichever is greater, while the owner was deprived
of its possession, but not exceeding the value otherwise
provided herein.
(4) "Article" means any object, material, device or
substance, including any writing, record, recording, drawing,
sample specimen, prototype, model, photograph, microorganism,
blueprint or map, or any copy of any of the foregoing.
(5) "Representing" means describing, depicting, containing,
constituting, reflecting or recording.
(6) "Trade secret" means information, including a formula,
pattern, compilation, program, device, method, technique, or
process, that:
(i) derives independent economic value, actual or
potential, from not being generally known to, and not being
readily ascertainable by proper means by, other persons who can
obtain economic value from its disclosure or use, and
(ii) is the subject of efforts that are reasonable under
the circumstances to maintain its secrecy.
(7) "Copy" means any facsimile, replica, photograph or
other reproduction of an article, and any note, drawing, or
sketch made of or from an article while in the presence of the
article.
(8) "Property of another" includes property in which the
actor is coowner or has a lien, pledge, bailment, or lease or
other subordinate interest, and property of a partnership of
which the actor is a member, unless the actor and the victim are
husband and wife. It does not include property in which the
actor asserts in good faith a claim as a collection fee or
commission out of property or funds recovered, or by virtue of a
lien, setoff, or counterclaim.
(9) "Services" include but are not limited to labor,
professional services, transportation services, electronic
computer services, the supplying of hotel accommodations,
restaurant services, entertainment services, advertising
services, telecommunication services, and the supplying of
equipment for use.
(10) "Motor vehicle" means a self-propelled device for
moving persons or property or pulling implements from one place
to another, whether the device is operated on land, rails,
water, or in the air.
Subd. 2. [ACTS CONSTITUTING THEFT.] Whoever does any of
the following commits theft and may be sentenced as provided in
subdivision 3:
(1) intentionally and without claim of right takes, uses,
transfers, conceals or retains possession of movable property of
another without the other's consent and with intent to deprive
the owner permanently of possession of the property; or
(2) having a legal interest in movable property,
intentionally and without consent, takes the property out of the
possession of a pledgee or other person having a superior right
of possession, with intent thereby to deprive the pledgee or
other person permanently of the possession of the property; or
(3) obtains for the actor or another the possession,
custody or title to property of or performance of services by a
third person by intentionally deceiving the third person with a
false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it
is made. "False representation" includes without limitation:
(a) the issuance of a check, draft, or order for the
payment of money, except a forged check as defined in section
609.631, or the delivery of property knowing that the actor is
not entitled to draw upon the drawee therefor or to order the
payment or delivery thereof; or
(b) a promise made with intent not to perform. Failure to
perform is not evidence of intent not to perform unless
corroborated by other substantial evidence; or
(c) the preparation or filing of a claim for reimbursement,
a rate application, or a cost report used to establish a rate or
claim for payment for medical care provided to a recipient of
medical assistance under chapter 256B, which intentionally and
falsely states the costs of or actual services provided by a
vendor of medical care; or
(4) by swindling, whether by artifice, trick, device, or
any other means, obtains property or services from another
person; or
(5) intentionally commits any of the acts listed in this
subdivision but with intent to exercise temporary control only
and;
(a) the control exercised manifests an indifference to the
rights of the owner or the restoration of the property to the
owner; or
(b) the actor pledges or otherwise attempts to subject the
property to an adverse claim; or
(c) the actor intends to restore the property only on
condition that the owner pay a reward or buy back or make other
compensation; or
(6) finds lost property and, knowing or having reasonable
means of ascertaining the true owner, appropriates it to the
finder's own use or to that of another not entitled thereto
without first having made reasonable effort to find the owner
and offer and surrender the property to the owner; or
(7) intentionally obtains property or services, offered
upon the deposit of a sum of money or tokens in a coin or token
operated machine or other receptacle, without making the
required deposit or otherwise obtaining the consent of the
owner; or
(8) intentionally and without claim of right converts any
article representing a trade secret, knowing it to be such, to
the actor's own use or that of another person or makes a copy of
an article representing a trade secret, knowing it to be such,
and intentionally and without claim of right converts the same
to the actor's own use or that of another person. It shall be a
complete defense to any prosecution under this clause for the
defendant to show that information comprising the trade secret
was rightfully known or available to the defendant from a source
other than the owner of the trade secret; or
(9) leases or rents personal property under a written
instrument and who with intent to place the property beyond the
control of the lessor conceals or aids or abets the concealment
of the property or any part thereof, or any lessee of the
property who sells, conveys, or encumbers the property or any
part thereof without the written consent of the lessor, without
informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease and with intent
to deprive the lessor of possession thereof. Evidence that a
lessee used a false or fictitious name or address in obtaining
the property or fails or refuses to return the property to
lessor within five days after written demand for the return has
been served personally in the manner provided for service of
process of a civil action or sent by certified mail to the last
known address of the lessee, whichever shall occur later, shall
be evidence of intent to violate this clause. Service by
certified mail shall be deemed to be complete upon deposit in
the United States mail of such demand, postpaid and addressed to
the person at the address for the person set forth in the lease
or rental agreement, or, in the absence of the address, to the
person's last known place of residence; or
(10) alters, removes, or obliterates numbers or symbols
placed on movable property for purpose of identification by the
owner or person who has legal custody or right to possession
thereof with the intent to prevent identification, if the person
who alters, removes, or obliterates the numbers or symbols is
not the owner and does not have the permission of the owner to
make the alteration, removal, or obliteration; or
(11) with the intent to prevent the identification of
property involved, so as to deprive the rightful owner of
possession thereof, alters or removes any permanent serial
number, permanent distinguishing number or manufacturer's
identification number on personal property or possesses, sells
or buys any personal property with knowledge that the permanent
serial number, permanent distinguishing number or manufacturer's
identification number has been removed or altered; or
(12) intentionally deprives another of a lawful charge for
cable television service by
(i) making or using or attempting to make or use an
unauthorized external connection outside the individual dwelling
unit whether physical, electrical, acoustical, inductive, or
other connection, or by
(ii) attaching any unauthorized device to any cable, wire,
microwave, or other component of a licensed cable communications
system as defined in chapter 238. Nothing herein shall be
construed to prohibit the electronic video rerecording of
program material transmitted on the cable communications system
by a subscriber for fair use as defined by Public Law Number
94-553, section 107; or
(13) except as provided in paragraphs (12) and (14),
obtains the services of another with the intention of receiving
those services without making the agreed or reasonably expected
payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for
telecommunications service by:
(i) making, using, or attempting to make or use an
unauthorized connection whether physical, electrical, by wire,
microwave, radio or other means to a component of a local
telecommunication system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire,
microwave, radio, or other component of a local
telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie
evidence that the occupier of the premises:
(i) made or was aware of the connection; and
(ii) was aware that the connection was unauthorized; or
(15) with intent to defraud, diverts corporate property
other than in accordance with general business purposes or for
purposes other than those specified in the corporation's
articles of incorporation; or
(16) with intent to defraud, authorizes or causes a
corporation to make a distribution in violation of section
302A.551, or any other state law in conformity with it.; or
(17) intentionally takes or drives a motor vehicle without
the consent of the owner or an authorized agent of the owner.
Subd. 3. [SENTENCE.] Whoever commits theft may be
sentenced as follows:
(1) to imprisonment for not more than 20 years or to
payment of a fine of not more than $100,000, or both, if the
value of the property or services stolen is more than $35,000
and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16); or
(2) to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both, if the
value of the property or services stolen exceeds $2,500, or if
the property stolen was an article representing a trade secret,
an explosive or incendiary device, or a controlled substance
listed in schedule 1 or 2 pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
(a) the value of the property or services stolen is more
than $500 but not more than $2,500; or
(b) the property stolen was a controlled substance listed
in schedule 3, 4, or 5 pursuant to section 152.02; or
(c) the value of the property or services stolen is more
than $200 but not more than $500 and the person has been
convicted within the preceding five years for an offense under
this section, section 256.98; 268.18, subdivision 3; 609.24;
609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625;
609.63; 609.631; or 609.821, or a statute from another state in
conformity with any of those sections, and the person received a
felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to
which a plea was entered would allow imposition of a felony or
gross misdemeanor sentence; or
(4) to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both,
notwithstanding
(d) the value of the property or services stolen is not
more than $200, if $500, and any of the following circumstances
exist:
(a) (i) the property is taken from the person of another or
from a corpse, or grave or coffin containing a corpse; or
(b) (ii) the property is a record of a court or officer, or
a writing, instrument or record kept, filed or deposited
according to law with or in the keeping of any public officer or
office; or
(c) (iii) the property is taken from a burning building or
upon its removal therefrom, or from an area of destruction
caused by civil disaster, riot, bombing, or the proximity of
battle; or
(d) (iv) the property consists of public funds belonging to
the state or to any political subdivision or agency thereof; or
(e) (v) the property is a firearm; or
(f) (vi) the property stolen was is a motor vehicle as
defined in section 609.55; or
(5) to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both, if the
property stolen is an article representing a trade secret; or if
the property stolen is an explosive or an incendiary device; or
(6) (4) to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the value
of the property or services stolen is more than $200 but not
more than $500; or
(7) (5) in all other cases where the value of the property
or services stolen is $200 or less, to imprisonment for not more
than 90 days or to payment of a fine of not more than $700, or
both, provided, however, in any prosecution under subdivision 2,
clauses (1), (2), (3), (4), and (13), the value of the money or
property or services received by the defendant in violation of
any one or more of the above provisions within any six-month
period may be aggregated and the defendant charged accordingly
in applying the provisions of this subdivision; provided that
when two or more offenses are committed by the same person in
two or more counties, the accused may be prosecuted in any
county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
Sec. 6. [609.526] [PRECIOUS METAL DEALERS; RECEIVING
STOLEN PROPERTY.]
Any precious metal dealer as defined in section 325F.731,
subdivision 2, or any person employed by a precious metal dealer
as defined in section 325F.731, subdivision 2, who receives,
possesses, transfers, buys, or conceals any stolen property or
property obtained by robbery, knowing or having reason to know
the property was stolen or obtained by robbery, may be sentenced
as follows:
(1) if the value of the property received, bought, or
concealed is $1,000 or more, to imprisonment for not more than
ten years or to payment of a fine of not more than $50,000, or
both;
(2) if the value of the property received, bought, or
concealed is less than $1,000 but more than $300, to
imprisonment for not more than five years or to payment of a
fine of not more than $40,000, or both;
(3) if the value of the property received, bought, or
concealed is $300 or less, to imprisonment for not more than 90
days or to payment of a fine of not more than $700, or both.
Any person convicted of violating this section a second or
subsequent time within a period of one year may be sentenced as
provided in clause (1).
Sec. 7. Minnesota Statutes 1988, section 609.53,
subdivision 1, is amended to read:
Subdivision 1. [PENALTY.] Except as otherwise provided in
section 6, any person who receives, possesses, transfers, buys
or conceals any stolen property or property obtained by robbery,
knowing or having reason to know the property was stolen or
obtained by robbery, may be sentenced as follows:
(1) if the value of the property is $1,000 or more, to
imprisonment for not more than ten years or to payment of a fine
of not more than $20,000, or both;
(2) if the value of the property is less than $1,000, but
more than $300, to imprisonment for not more than five years or
to payment of a fine of not more than $10,000, or both;
(3) if the value of the property is $300 or less, to
imprisonment for not more than 90 days or to payment of a fine
of not more than $700, or both;
(4) notwithstanding the value of the property, if the
property is a firearm, to imprisonment for not more than five
years or to payment of a fine of not more than $10,000, or
both in accordance with the provisions of section 609.52,
subdivision 3.
Sec. 8. Minnesota Statutes 1988, section 609.53,
subdivision 4, is amended to read:
Subd. 4. [CIVIL ACTION; TREBLE DAMAGES.] Any person who
has been injured by a violation of subdivisions subdivision 1 or
3 section 6 may bring an action for three times the amount of
actual damages, sustained by the plaintiff or $1,500, whichever
is greater, and the costs of suit and reasonable attorney's fees.
Sec. 9. [609.546] [MOTOR VEHICLE TAMPERING.]
A person is guilty of a misdemeanor who intentionally:
(1) rides in or on a motor vehicle knowing that the vehicle
was taken and is being driven by another without the owner's
permission; or
(2) tampers with or enters into or on a motor vehicle
without the owner's permission.
Sec. 10. Minnesota Statutes 1988, section 609.631,
subdivision 2, is amended to read:
Subd. 2. [CHECK FORGERY; ELEMENTS.] A person who, is
guilty of check forgery and may be sentenced under subdivision 4
if the person, with intent to defraud, does any of the following:
(1) falsely makes or alters a check so that it purports to
have been made by another or by the maker under an assumed or
fictitious name, or at another time, or with different
provisions, or by the authority of one who did not give
authority, is guilty of check forgery and may be sentenced as
provided in subdivision 4; or
(2) falsely endorses or alters a check so that it purports
to have been endorsed by another.
Sec. 11. Minnesota Statutes 1988, section 624.701, is
amended to read:
624.701 [LIQUORS IN CERTAIN BUILDINGS OR GROUNDS.]
Subdivision 1. Except as otherwise provided in subdivision
1a, any person who shall introduce upon, or have in possession
upon, or in, introduces or possesses an alcoholic beverage, as
defined in section 340A.101, on any school ground, or in any
schoolhouse or school building, any alcoholic beverage as
defined in section 340A.101, except for is guilty of a
misdemeanor.
Subd. 1a. [EXCEPTIONS.] Subdivision 1 does not apply to
the following:
(1) experiments in laboratories and except for;
(2) those organizations who have been issued temporary
licenses to sell nonintoxicating malt liquor pursuant to section
340A.403, subdivision 2, and;
(3) any person possessing nonintoxicating malt liquor as a
result of a purchase from those organizations holding temporary
licenses pursuant to section 340A.403, subdivision 2, shall be
guilty of a misdemeanor; or
(4) the possession or use of alcoholic beverages in an
alcohol use awareness program that is held at a post-secondary
school, sponsored or approved by the school, and limited to
persons 21 years old or older.
Subd. 2. Any person who except by prescription of a
licensed physician or permission of the hospital administrator
shall introduce upon, or have in possession upon, or in, any
state hospital or grounds thereof under the responsibility of
the commissioner of human services any alcoholic beverage as
defined in section 340A.101, shall be guilty of a misdemeanor.
Sec. 12. Laws 1989, chapter 5, section 3, is amended to
read:
Sec. 3. [609.396] [UNAUTHORIZED PRESENCE AT CAMP RIPLEY.]
Subdivision 1. [MISDEMEANOR.] A person is guilty of a
misdemeanor if the person intentionally and without
authorization of the adjutant general enters or is present on
the Camp Ripley military reservation.
Subd. 2. [FELONY.] A person is guilty of a felony and may
be sentenced to not more than five years imprisonment or to
payment of a fine of not more than $10,000, or both, if:
(1) the person intentionally enters or is present without
authorization of the adjutant general in an area at the Camp
Ripley military reservation that is posted by order of the
adjutant general as restricted for weapon firing or other
hazardous military activity; and
(2) the person knows that doing so creates a risk of death,
bodily harm, or serious property damage.
Sec. 13. [INSTRUCTION TO REVISOR; REFERENCE CHANGE.]
The revisor of statutes shall change the reference to
Minnesota Statutes, section 609.55, subdivision 1, in section
609.605, subdivision 1, clause (10), to section 609.52,
subdivision 1, clause (10).
Sec. 14. [REPEALER.]
Minnesota Statutes 1988, sections 609.53, subdivisions 1a,
3, and 3a, is repealed. Minnesota Statutes 1988, section
609.55, as amended by Laws 1989, chapter 5, sections 5, 6, and
7, is repealed.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 to 14 are effective August 1, 1989, and apply to
crimes committed on or after that date.
ARTICLE 8
FIRE DEPARTMENT ACCESS TO
CRIMINAL HISTORY DATA
Section 1. [299F.035] [FIRE DEPARTMENT ACCESS TO AND USE
OF CRIMINAL HISTORY DATA.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "Criminal history data" has the meaning given in
section 13.87.
(c) "Criminal justice agency" has the meaning given in
section 299C.46, subdivision 2.
(d) "Fire department" has the meaning given in section
299F.092, subdivision 6.
(e) "Private data" has the meaning given in section 13.02,
subdivision 12.
Subd. 2. [ACCESS TO DATA.] The superintendent of the
bureau of criminal apprehension, in consultation with the state
fire marshal, shall develop and implement a plan for fire
departments to have access to criminal history data. The plan
must include:
(1) security procedures to prevent unauthorized use or
disclosure of private data; and
(2) a procedure for the hiring authority in each fire
protection agency to fingerprint job applicants, submit requests
to the bureau of criminal apprehension, and obtain state and
federal criminal history data reports for a nominal fee.
Subd. 3. [RELATION OF CONVICTION TO FIRE
PROTECTION.] Criminal history data may be used in assessing fire
protection agency job applicants only if the criminal history
data are directly related to the position of employment sought.
Subd. 4. [DETERMINATION OF RELATIONSHIP.] In determining
if criminal history data are directly related to the position of
employment sought, the hiring authority may consider:
(1) the nature and seriousness of the criminal history data
on the job applicant;
(2) the relationship of the criminal history data to the
purposes of regulating the position of employment sought; and
(3) the relationship of the criminal history data to the
ability, capacity, and fitness required to perform the duties
and discharge the responsibilities of the position of employment
sought.
Sec. 2. Minnesota Statutes 1988, section 364.09, is
amended to read:
364.09 [EXCEPTIONS.]
This chapter shall not apply to the practice of law
enforcement, to fire protection agencies, to eligibility for a
family day care license, a family foster care license, a home
care provider license, or to eligibility for school bus driver
endorsements. Nothing in this section shall be construed to
preclude the Minnesota police and peace officers training
board or the state fire marshal from recommending policies set
forth in this chapter to the attorney general for adoption in
the attorney general's discretion to apply to law enforcement or
fire protection agencies.
Sec. 3. Minnesota Statutes 1988, section 626.52,
subdivision 3, is amended to read:
Subd. 3. [REPORTING BURNS.] A health professional
shall immediately file a written report with the state fire
marshal within 72 hours after being notified of a burn injury or
wound that the professional is called upon to treat, dress, or
bandage, if the victim has sustained second- or third-degree
burns to five percent or more of the body, the victim has
sustained burns to the upper respiratory tract or sustained
laryngeal edema from inhaling superheated air, or the victim has
sustained a burn injury or wound that may result in the victim's
death. The health professional shall make the initial report by
telephoning the burn hotline in order to allow the proper law
enforcement or other investigatory authority to be notified.
Within 72 hours, the professional shall also file a written
report with The state fire marshal, on a shall provide the form
provided by the fire marshal for the report.
ARTICLE 9
DRUG POLICY PROGRAMS
Section 1. [299A.29] [DEFINITIONS.]
Subdivision 1. [APPLICABILITY.] For purposes of sections 1
to 8, the following terms have the meanings given them in this
section.
Subd. 2. [DEMAND REDUCTION.] "Demand reduction" means an
activity carried on by a drug program agency that is designed to
reduce demands for drugs, including education, prevention,
treatment, and rehabilitation programs.
Subd. 3. [DRUG.] "Drug" means a controlled substance as
defined in section 152.01, subdivision 4.
Subd. 4. [DRUG PROGRAM AGENCY.] "Drug program agency"
means an agency of the state, a political subdivision of the
state, or the United States government that is involved in
demand reduction or supply reduction.
Subd. 5. [SUPPLY REDUCTION.] "Supply reduction" means an
activity carried on by a drug program agency that is designed to
reduce the supply or use of drugs, including law enforcement,
eradication, and prosecutorial activities.
Sec. 2. [299A.30] [OFFICE OF DRUG POLICY.]
Subdivision 1. [OFFICE; ASSISTANT COMMISSIONER.] The
office of drug policy is an office in the department of public
safety headed by an assistant commissioner appointed by the
commissioner to serve in the unclassified service. The
assistant commissioner may appoint other employees in the
unclassified service. The assistant commissioner shall
coordinate the activities of drug program agencies and serve as
staff to the drug abuse prevention resource council.
Subd. 2. [DUTIES.] (a) The assistant commissioner shall
gather and make available information on demand reduction and
supply reduction throughout the state, foster cooperation among
drug program agencies, and assist agencies and public officials
in training and other programs designed to improve the
effectiveness of demand reduction and supply reduction.
(b) The assistant commissioner shall coordinate the
distribution of funds received by the state of Minnesota through
the federal Anti-Drug Abuse Act. The assistant commissioner may
obtain technical assistance from the state planning agency to
perform this function. The assistant commissioner shall
recommend to the commissioner recipients of grants under
sections 5 and 6, after consultation with the drug abuse
prevention resource council.
(c) The assistant commissioner shall:
(1) after consultation with all drug program agencies
operating in the state, develop a state drug strategy
encompassing the efforts of those agencies and taking into
account all money available for demand reduction and supply
reduction, from any source;
(2) submit the strategy to the governor and the legislature
by January 15 of each year, along with a summary of demand
reduction and supply reduction during the preceding calendar
year;
(3) assist appropriate professional and occupational
organizations, including organizations of law enforcement
officers, prosecutors, and educators, in developing and
operating informational and training programs to improve the
effectiveness of demand reduction and supply reduction; and
(4) provide information and assistance to drug program
agencies, both directly and by functioning as a clearinghouse
for information from other drug program agencies.
Sec. 3. [299A.31] [DRUG ABUSE PREVENTION RESOURCE COUNCIL;
ESTABLISHMENT; MEMBERSHIP.]
Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A drug abuse
prevention resource council consisting of 18 members is
established. The commissioners of public safety, education,
health, human services, and the state planning agency, and the
attorney general shall each appoint one member from among their
employees. The speaker of the house of representatives and the
subcommittee on committees of the senate shall each appoint a
legislative member. The governor shall appoint an additional
ten members who shall demonstrate knowledge in the area of drug
abuse prevention, shall represent the demographic and geographic
composition of the state and, to the extent possible, shall
represent the following groups: parents, educators, clergy,
local government, racial and ethnic minority communities,
professional providers of drug abuse prevention services,
volunteers in private, nonprofit drug prevention programs, and
the business community. The members shall designate one of the
governor's appointees as chair of the council. Compensation and
removal of members are governed by section 15.059.
Subd. 2. [ACCEPTANCE OF FUNDS AND DONATIONS.] The council
may accept federal money, gifts, donations, and bequests for the
purpose of performing the duties set forth in this section and
section 4. The council shall use its best efforts to solicit
funds from private individuals and organizations to match state
appropriations.
Sec. 4. [299A.32] [RESPONSIBILITIES OF THE COUNCIL.]
Subdivision 1. [PURPOSE OF THE COUNCIL.] The general
purpose of the council is to foster the coordination and
development of a statewide drug abuse prevention policy.
Subd. 2. [SPECIFIC DUTIES AND RESPONSIBILITIES.] In
furtherance of the general purpose specified in subdivision 1,
the council has the following duties and responsibilities:
(1) it shall develop a coordinated, statewide drug abuse
prevention policy;
(2) it shall develop a mission statement that defines the
roles and relationships of agencies operating within the
continuum of chemical health care;
(3) it shall develop guidelines for drug abuse prevention
program development and operation based on its research and
program evaluation activities;
(4) it shall assist local governments and groups in
planning, organizing, and establishing comprehensive,
community-based drug abuse prevention programs and services;
(5) it shall coordinate and provide technical assistance to
organizations and individuals seeking public or private funding
for drug abuse prevention programs, and to government and
private agencies seeking to grant funds for these purposes;
(6) it shall assist providers of drug abuse prevention
services in implementing, monitoring, and evaluating new and
existing programs and services;
(7) it shall provide information on and analysis of the
relative public and private costs of drug abuse prevention,
enforcement, intervention, and treatment efforts; and
(8) it shall advise the assistant commissioner of the
office of drug policy in awarding grants and in other duties.
Subd. 3. [ANNUAL REPORT.] On or before February 1, 1991,
and each year thereafter, the council shall submit a written
report to the legislature describing its activities during the
preceding year, describing efforts that have been made to
enhance and improve utilization of existing resources and to
identify deficits in prevention efforts, and recommending
appropriate changes, including any legislative changes that it
considers necessary or advisable in the area of drug abuse
prevention policy, programs, or services.
Sec. 5. [299A.33] [DRUG ABUSE RESISTANCE EDUCATION
PROGRAM.]
Subdivision 1. [PROGRAM.] The drug abuse resistance
education program assists law enforcement agencies or school
districts by providing grants to enable peace officers to
undergo the training described in subdivision 3. Grants may be
used to cover the cost of the training as well as reimbursement
for actual, reasonable travel and living expenses incurred in
connection with the training. The commissioner shall administer
the program, shall promote it throughout the state, and is
authorized to receive money from public and private sources for
use in carrying it out. For purposes of this section, "law
enforcement agency" means a police department or sheriff's
office.
Subd. 2. [GRANTS.] A law enforcement agency or a school
district may apply to the commissioner for a grant under
subdivision 1.
Subd. 3. [TRAINING PROGRAM.] The bureau of criminal
apprehension shall develop a program to train peace officers to
teach a curriculum on drug abuse resistance in schools. The
training program must be approved by the commissioner.
Subd. 4. [AVAILABILITY OF PEACE OFFICER TRAINING.] The
training described in subdivision 3 is available on a voluntary
basis to local law enforcement agencies and school districts.
Subd. 5. [COORDINATION OF ACTIVITIES.] If the commissioner
receives grant requests from more than one applicant for
programs to be conducted in a single school district, the
commissioner shall require the applicants to submit a plan for
coordination of their training and programs.
Subd. 6. [REPORTS.] The commissioner may require grant
recipients to account to the director at reasonable time
intervals regarding the use of the grants and the training and
programs provided.
Sec. 6. [299A.34] [LAW ENFORCEMENT AND COMMUNITY GRANTS.]
Subdivision 1. [GRANT PROGRAMS.] (a) The commissioner
shall develop grant programs to:
(1) assist law enforcement agencies in purchasing
equipment, provide undercover buy money, and pay other
nonpersonnel costs; and
(2) assist community and neighborhood organizations in
efforts to prevent or reduce criminal activities in their areas,
particularly activities involving youth and the use and sale of
drugs.
(b) The commissioner shall by rule prescribe criteria for
eligibility and the award of grants and reporting requirements
for recipients.
Subd. 2. [SELECTION AND MONITORING.] The drug abuse
prevention resource council shall assist in the selection and
monitoring of grant recipients.
Sec. 7. [299A.35] [COMMUNITY CRIME REDUCTION PROGRAMS;
GRANTS.]
Subdivision 1. [PROGRAMS.] The commissioner shall, in
consultation with the drug abuse prevention resource council,
administer a grant program to fund community-based programs that
are designed to enhance the community's sense of personal
security and to assist the community in its crime control
efforts. Examples of qualifying programs include, but are not
limited to, the following:
(1) programs to provide security systems for residential
buildings serving low-income persons, elderly persons, and
persons who have physical or mental disabilities;
(2) community-based programs designed to discourage young
people from involvement in unlawful drug or street gang
activities;
(3) neighborhood block clubs and innovative community-based
crime watch programs; and
(4) other community-based crime prevention programs that
are innovative and encourage substantial involvement by members
of the community served by the program.
Subd. 2. [GRANT PROCEDURE.] A local unit of government may
apply for a grant by submitting an application with the
commissioner. The applicant shall specify the following in its
application:
(1) a description of each program for which funding is
sought;
(2) the amount of funding to be provided to the program;
(3) the geographical area to be served by the program; and
(4) statistical information as to the number of arrests in
the geographical area for violent crimes and for crimes
involving schedule I and II controlled substances. "Violent
crime" includes a violation of or an attempt or conspiracy to
violate any of the following laws: sections 609.185; 609.19;
609.195; 609.20; 609.205; 609.21; 609.221; 609.222; 609.223;
609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661;
609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671;
609.268; 609.342; 609.343; 609.344; 609.345; 609.498,
subdivision 1; 609.561; 609.562; 609.582, subdivision 1;
609.687; and any provision of chapter 152 that is punishable by
a maximum term of imprisonment greater than ten years.
The commissioner shall give priority to funding programs in
the geographical areas that have the highest crime rates, as
measured by the data supplied under clause (4), and that
demonstrate substantial involvement by members of the community
served by the program. The maximum amount that may be awarded
to an applicant is $25,000.
Subd. 3. [REPORT.] An applicant that receives a grant
under this section shall provide the commissioner with a summary
of how the grant funds were spent and the extent to which the
objectives of the program were achieved. The commissioner shall
submit a written report with the legislature based on the
information provided by applicants under this subdivision.
Sec. 8. [299A.36] [OTHER DUTIES.]
The assistant commissioner assigned to the office of drug
policy, in consultation with the drug abuse prevention resource
council, shall:
(1) provide information and assistance upon request to
school preassessment teams established under section 126.034 and
school and community advisory teams established under section
126.035;
(2) provide information and assistance upon request to the
state board of pharmacy with respect to the board's enforcement
of chapter 152;
(3) cooperate with and provide information and assistance
upon request to the alcohol and other drug abuse section in the
department of human services.
(4) assist in coordinating the policy of the office with
that of the narcotic enforcement unit in the bureau of criminal
apprehension; and
(5) coordinate the activities of the regional drug task
forces, provide assistance and information to them upon request,
and assist in the formation of task forces in areas of the state
in which no task force operates.
Sec. 9. [299A.37] [COOPERATION OF OTHER AGENCIES.]
State agencies, and agencies and governing bodies of
political subdivisions, shall cooperate with the assistant
commissioner assigned to the office of drug policy and shall
provide any public information requested by the assistant
commissioner assigned to the office of drug policy.
Sec. 10. [299A.38] [SOFT BODY ARMOR REIMBURSEMENT.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(a) "Commissioner" means the commissioner of public safety.
(b) "Peace officer" means a person who is licensed under
section 626.84, subdivision 1, paragraph (c).
(c) "Vest" means bullet-resistant soft body armor that is
flexible, concealable, and custom fitted to the peace officer to
provide ballistic and trauma protection.
Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers
and heads of local law enforcement agencies who buy vests for
the use of peace officer employees may apply to the commissioner
for reimbursement of funds spent to buy vests. On approving an
application for reimbursement, the commissioner shall pay the
applicant an amount equal to the lesser of one-third of the
vest's purchase price or $165. The political subdivision that
employs the peace officer shall pay at least the lesser of
one-third of the vest's purchase price or $165.
Subd. 3. [ELIGIBILITY REQUIREMENTS.] (a) Only vests that
either meet or exceed the requirements of standard 0101.01 of
the National Institute of Justice in effect on December 30,
1986, or that meet or exceed the requirements of that standard,
except wet armor conditioning, are eligible for reimbursement.
(b) Eligibility for reimbursement is limited to vests
bought after December 31, 1986, by or for peace officers (1) who
did not own a vest meeting the requirements of paragraph (a)
before the purchase, or (2) who owned a vest that was at least
six years old.
Subd. 4. [RULES.] The commissioner may adopt rules under
chapter 14 to administer this section.
Subd 5. [LIMITATION OF LIABILITY.] A state agency,
political subdivision of the state, or state or local government
employee that provides reimbursement for purchase of a vest
under this section is not liable to a peace officer or the peace
officer's heirs for negligence in the death of or injury to the
peace officer because the vest was defective or deficient.
Subd. 6. [RIGHT TO BENEFITS UNAFFECTED.] A peace officer
who is reimbursed for the purchase of a vest under this section
and who suffers injury or death because the officer failed to
wear the vest, or because the officer wore a vest that was
defective or deficient, may not lose or be denied a benefit or
right, including a benefit under section 176B.04, to which the
officer, or the officer's heirs, is otherwise entitled.
Sec. 11. Minnesota Statutes 1988, section 388.14, is
amended to read:
388.14 [CONTINGENT FUND; EXPENSES.]
The county board may set apart yearly a sum, not exceeding
$5,000 $7,500, except in counties containing cities of the first
class, where the sum shall not exceed $7,500 $10,000, as a
contingent fund for defraying necessary expenses not especially
provided for by law, in preparing and trying criminal cases,
conducting investigations by the grand jury, making
contributions to a statewide county attorney's organization, and
paying the necessary expenses of the county attorney incurred in
the business of the county. All disbursements from such fund
shall be made upon written request of the county attorney by
auditor's warrant, countersigned by a judge of the district
court. Any balance remaining at the end of the year shall be
transferred to the revenue fund.
Sec. 12. [STUDY AND REPORT.]
In consultation with the drug abuse prevention resource
council, the assistant commissioner of the office of drug policy
shall review existing drug abuse prevention programs and shall
develop and recommend to the governor and the legislature a
statewide drug abuse prevention policy that emphasizes local
efforts and a coordinated approach. The policy must seek to
make most efficient use of available money and other resources
and to use existing agencies or organizations whenever
possible. The report and recommendations must be submitted
before January 1, 1991.
Sec. 13. [TRANSFER OF DRUG PREVENTION PROGRAM.]
Responsibility to administer the federal Anti-Drug Abuse
Act in Minnesota is transferred under Minnesota Statutes,
section 15.039, from the commissioner of state planning to the
commissioner of public safety.
Sec. 14. [EFFECTIVE DATE.]
Sections 1 to 9 and 12 are effective the day following
final enactment. Section 13 is effective October 1, 1989.
ARTICLE 10
DRIVING WHILE INTOXICATED PROVISIONS
Section 1. Minnesota Statutes 1988, section 169.121,
subdivision 1, is amended to read:
Subdivision 1. [CRIME.] It is a misdemeanor crime 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, as defined in section 152.01, subdivision 4;
(c) when the person is under the influence of a combination
of any two or more of the elements named in clauses (a), (b),
and (f);
(d) when the person's alcohol concentration is 0.10 or
more;
(e) when the person's alcohol concentration as measured
within two hours of the time of driving is 0.10 or more; or
(f) when the person is knowingly under the influence of any
chemical compound or combination of chemical compounds that is
listed as a hazardous substance in rules adopted under section
182.655 and that affects the nervous system, brain, or muscles
of the person so as to substantially impair the person's ability
to drive or operate the motor vehicle.
Sec. 2. Minnesota Statutes 1988, section 169.121,
subdivision 1a, is amended to read:
Subd. 1a. [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a
crime for any person to refuse to submit to a chemical test of
the person's blood, breath, or urine under section 169.123 if
the person's license has been revoked once within the past five
years, or two or more times within the past ten years, under any
of the following: this section, or section 169.123, 609.21,
subdivision 1, clause (2) or (3), 609.21, subdivision 2, clause
(2) or (3), 609.21, subdivision 3, clause (2) or (3), or 609.21,
subdivision 4, clause (2) or (3).
Subd. 1b. [ARREST.] A peace officer may lawfully arrest a
person for violation of subdivision 1 without a warrant upon
probable cause, without regard to whether the violation was
committed in the officer's presence.
When a peace officer has probable cause to believe that a
person is driving or operating a motor vehicle in violation of
subdivision 1, and before a stop or arrest can be made the
person escapes from the geographical limits of the officer's
jurisdiction, the officer in fresh pursuit of the person may
stop or arrest the person in another jurisdiction within this
state and may exercise the powers and perform the duties of a
peace officer under sections 169.121 and 169.123. An officer
acting in fresh pursuit pursuant to this subdivision is serving
in the regular line of duty as fully as though within the
officer's jurisdiction.
The express grant of arrest powers in this subdivision does
not limit the arrest powers of peace officers pursuant to
sections 626.65 to 626.70 or section 629.40 in cases of arrests
for violation of subdivision 1 or any other provision of law.
Sec. 3. Minnesota Statutes 1988, section 169.121,
subdivision 3, is amended to read:
Subd. 3. [CRIMINAL PENALTIES.] (a) A person who violates
this section or an ordinance in conformity with it is guilty of
a misdemeanor.
The following persons are guilty of a gross misdemeanor:
(a) (b) A person is guilty of a gross misdemeanor who
violates this section or an ordinance in conformity with it
within five years of a prior impaired driving conviction under
this section, section 169.129, an ordinance in conformity with
either of them, or a statute or ordinance from another state in
conformity with either of them; and
(b) A person who violates this section or an ordinance in
conformity with it, or within ten years of two or more prior
impaired driving convictions under this section, section
169.129, an ordinance in conformity with either of them, or a
statute or ordinance from another state in conformity with
either of them. For purposes of this subdivision paragraph, a
prior impaired driving conviction is a prior conviction under
this section, section 84.91, subdivision 1, paragraph (a),
section 169.129, section 361.12, subdivision 1, section 609.21,
subdivision 1, clause (2) or (3), 609.21, subdivision 2, clause
(2) or (3), 609.21, subdivision 3, clause (2) or (3), 609.21,
subdivision 4, clause (2) or (3), or an ordinance from this
state, or a statute or ordinance from another state in
conformity with any of them. A prior impaired driving
conviction also includes a prior juvenile adjudication under
this section, section 169.129, an ordinance in conformity with
either of them, or a statute or ordinance from another state in
conformity with either of them is a prior conviction that would
have been a prior impaired driving conviction if committed by an
adult.
(c) A person who violates subdivision 1a is guilty of a
gross misdemeanor.
(d) 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.
When an attorney responsible for prosecuting gross
misdemeanors under this section requests criminal history
information relating to previous prior impaired driving
convictions under this section from a court, the court must
furnish the information without charge.
Sec. 4. Minnesota Statutes 1988, section 169.121,
subdivision 3b, is amended to read:
Subd. 3b. [HABITUAL OFFENDERS; CHEMICAL USE TREATMENT.] If
a person has been convicted under this section subdivision 1,
section 169.129, an ordinance in conformity with either of them,
or a statute or ordinance from another state in conformity with
either of them, and if the person is then convicted of violating
this section subdivision 1, section 169.129, or an ordinance in
conformity with either of them (1) once within five years of the
first conviction or (2) two or more times within ten years after
the first conviction, the court must order the person to submit
to the level of care recommended in the chemical use assessment
required under section 169.126.
If a person is convicted under section 169.121, subdivision
1a, the court shall order the person to submit to the level of
care recommended in the chemical use assessment required under
section 169.126.
Sec. 5. Minnesota Statutes 1988, 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 that person's 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 may be subject
to criminal penalties, and 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 the
person 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 the person 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 someone of the person's own choosing; and
(5) that if the person refuses to take a test, the refusal
will be offered into evidence against the person 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. Action may be taken against a person who
refuses to take a blood test only if an alternative test was
offered and action may be taken against a person who refuses to
take a urine test only if an alternative test was offered.
Sec. 6. Minnesota Statutes 1988, section 169.126,
subdivision 4, is amended to read:
Subd. 4. [CHEMICAL USE ASSESSMENT.] (a) Except as
otherwise provided in paragraph (d), when an alcohol problem
screening shows that the defendant has an identifiable chemical
use problem, the court shall require the defendant to undergo a
comprehensive chemical use assessment conducted by an assessor
qualified under rules adopted by the commissioner of human
services under section 254A.03, subdivision 3. Notwithstanding
section 13.82, the assessor shall have access to any police
reports, laboratory test results, and other law enforcement data
relating to the current offense or previous offenses that are
necessary to complete the evaluation. An assessor providing a
chemical use assessment for the court may not have any direct or
shared financial interest or referral relationship resulting in
shared financial gain with a treatment provider. If an
independent assessor is not available, the court may use the
services of an assessor authorized to perform assessments for
the county social services agency under a variance granted under
rules adopted by the commissioner of human services under
section 254A.03, subdivision 3. An appointment for the
defendant to undergo the chemical use assessment shall be made
by the court, a court services probation officer, or the court
administrator as soon as possible but in no case more than one
week after the defendant's court appearance. The comprehensive
chemical use assessment must be completed no later than two
three weeks after the appointment date defendant's court
appearance. If the assessment is not performed within this time
limit, the county where the defendant is to be sentenced shall
perform the assessment. The county of financial responsibility
shall be determined under chapter 256G.
(b) The chemical use assessment report must include a
recommended level of care for the defendant in accordance with
the criteria contained in rules adopted by the commissioner of
human services under section 254A.03, subdivision 3.
(c) The state shall reimburse the county for the entire
cost of each chemical use assessment and report at a rate
established by the department of human services up to a maximum
of $100 in each case. The county may not be reimbursed for the
cost of any chemical use assessment or report not completed
within the time limit provided in this subdivision.
Reimbursement to the county must be made from the special
account established in subdivision 4a.
(d) If the preliminary alcohol problem screening is
conducted by an assessor qualified under rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3, consists of a comprehensive chemical use
assessment of the defendant, and complies with the chemical use
assessment report requirements of paragraph (b), it is a
chemical use assessment for the purposes of this section and the
court may not require the defendant to undergo a second chemical
use assessment under paragraph (a). The state shall reimburse
counties for the cost of alcohol problem screenings that qualify
as chemical use assessments under this paragraph in the manner
provided in paragraph (c) in lieu of the reimbursement
provisions of section 169.124, subdivision 3.
Sec. 7. Minnesota Statutes 1988, section 609.21, is
amended to read:
609.21 [CRIMINAL VEHICULAR OPERATION.]
Subdivision 1. [RESULTING IN DEATH.] Whoever causes the
death of a human being not constituting murder or manslaughter
as a result of operating a vehicle as defined in section 169.01,
subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more,
is guilty of criminal vehicular operation resulting in death 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.
Subd. 2. [RESULTING IN INJURY.] Whoever causes great
bodily harm to another, as defined in section 609.02,
subdivision 8, not constituting attempted murder or assault as a
result of operating a vehicle defined in section 169.01,
subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more,
is guilty of criminal vehicular operation resulting in injury
and may be sentenced to imprisonment for not more than three
five years or the payment of a fine of not more than
$5,000 $10,000, or both.
Subd. 3. [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever
causes the death of an unborn child as a result of operating a
vehicle defined in section 169.01, subdivision 2, or an aircraft
or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more, is guilty of criminal vehicular
operation resulting in death to an unborn child 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. A
prosecution for or conviction of a crime under this subdivision
is not a bar to conviction of or punishment for any other crime
committed by the defendant as part of the same conduct.
Subd. 4. [RESULTING IN INJURY TO UNBORN CHILD.] Whoever
causes great bodily harm, as defined in section 609.02,
subdivision 8, to an unborn child who is subsequently born
alive, as a result of operating a vehicle defined in section
169.01, subdivision 2, or an aircraft or watercraft,
(1) in a grossly negligent manner;
(2) in a negligent manner while under the influence of
alcohol, a controlled substance, or any combination of those
elements; or
(3) in a negligent manner while having an alcohol
concentration of 0.10 or more, is guilty of criminal vehicular
operation resulting in injury to an unborn child and may be
sentenced to imprisonment for not more than three five years or
to payment of a fine of not more than $5,000 $10,000, or both.
A prosecution for or conviction of a crime under this
subdivision is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are effective August 1, 1989, and apply to
crimes committed and violations occurring on or after that date.
ARTICLE 11
COMMUNITY RESOURCE PROGRAM
Section 1. [DEFINITIONS.]
Subdivision 1. [SCOPE.] The definitions in this section
apply to sections 1 to 8.
Subd. 2. [CITY.] "City" means a city of the first class as
defined in section 410.01.
Subd. 3. [CITY COUNCIL.] "City council" means the city
council of a city as defined in subdivision 2.
Subd. 4. [COMMUNITY RESOURCE PROGRAM.] "Community resource
program" or "program" means a community resource program adopted
according to section 3.
Subd. 5. [TARGETED NEIGHBORHOOD.] "Targeted neighborhood"
means an area including one or more census tracts as determined
and measured by the Bureau of Census of the United States
Department of Commerce that a city council determines by
resolution meets the criteria of section 2, subdivision 2, and
any additional area designated under section 2.
Subd. 6. [ASSISTED HOUSING.] "Assisted housing" means:
(1) the housing is either owned or under the control of a
housing agency and is used in a manner authorized by sections
469.001 to 469.047;
(2) the housing is defined as an emergency shelter or
transitional housing under section 272.02, clause (12) or (19);
(2) the housing is classified as class 5c property under
section 273.13, subdivision 25, paragraph (c), clause (4); or
(4) the housing is a building that receives a low-income
housing credit under section 242 of the Internal Revenue Code of
1986; or which meets the requirements of that section, and was
under construction or rehabilitation prior to May 1, 1988.
Sec. 2. [DESIGNATION OF TARGETED NEIGHBORHOODS.]
Subdivision 1. [CITY AUTHORITY.] A city may by resolution
designate targeted neighborhoods within its borders after
adopting detailed findings that the neighborhoods meet the
eligibility requirements in subdivision 2 or 3.
Subd. 2. [ELIGIBILITY REQUIREMENTS FOR TARGETED
NEIGHBORHOODS.] An area within a city is eligible for
designation as a targeted neighborhood if the area meets at
least two of the following criteria:
(1) the area had an unemployment rate that was twice the
unemployment rate for the Minneapolis and St. Paul standard
metropolitan statistical area as determined by the 1980 federal
census;
(2) the median household income in the area was no more
than half the median household income for the Minneapolis and
St. Paul standard metropolitan statistical area as determined by
the 1980 federal census; or
(3) the area is characterized by residential dwelling units
in need of substantial rehabilitation. An area qualifies under
this clause if 25 percent or more of the residential dwelling
units are in substandard condition as determined by the city or
70 percent or more of the residential dwelling units were built
before 1940 as determined by the 1980 federal census.
Subd. 3. [ADDITIONAL AREA ELIGIBLE FOR INCLUSION IN
TARGETED NEIGHBORHOOD.] (a) The city may add to the area
designated as a targeted neighborhood under subdivision 2 a
contiguous area of one-half mile in all directions from the
designated targeted neighborhood.
(b) Assisted housing is also considered a targeted
neighborhood.
Sec. 3. [COMMUNITY RESOURCES PROGRAMS.]
Subdivision 1. [COMMUNITY RESOURCES PROGRAM; REQUIREMENT.]
A city must prepare a comprehensive community resources
program. The program must describe the specific community
resource services and means by which the city intends to pursue
and implement the program objectives outlined in subdivision 2
for each targeted neighborhood served under the program and the
community initiatives program described in section 4.
Subd. 2. [COMMUNITY RESOURCES PROGRAM OBJECTIVES.] A
community resources program must address at least the following
objectives:
(1) increasing community safety and reducing crime;
(2) enhancing family stability including school readiness;
(3) providing opportunities for residents to become
self-supporting; and
(4) building the capacity of neighborhood-based
organizations to create cohesiveness and stability in their
communities.
Subd. 3. [COMMUNITY PARTICIPATION.] A city must adopt a
process to involve the residents in targeted neighborhoods in
planning, developing, and implementing the community resource
program.
Subd. 4. [ADVISORY COMMITTEE.] The city council of a city
requesting state financial assistance under section 5 shall
establish an advisory council to assist the city in developing
and implementing a community resource program. The advisory
committee may include, but is not limited to: city council
members, county commissioners, school board members, community
service representatives, business community representatives, and
resident representatives of targeted neighborhoods. The city
may designate an existing entity as the advisory committee if
the entity meets the membership requirements outlined in this
subdivision.
Subd. 5. [PROGRAM APPROVAL.] A city may approve or modify
a community resource program only after holding a public hearing.
Notice of the hearing must be provided in a newspaper of general
circulation in the city and in the targeted neighborhoods not
less than ten days nor more than 30 days before the date of the
hearing. In addition, the notice shall be published in the most
widely circulated community newspaper in the targeted
neighborhoods.
Sec. 4. [COMMUNITY INITIATIVES PROGRAM.]
A city may establish a community initiatives program as
part of the community resource plan. No more than ten percent
of the community resource money may be distributed under the
community initiatives program. State money used for the
community initiatives program must be used for implementing
activities included in the community resources program.
Financial assistance or service contracts awarded to a single
nonprofit organization under this subdivision are limited to
$10,000 annually.
Sec. 5. [PAYMENT AND ALLOCATION.]
Subdivision 1. [PAYMENT OF STATE MONEY.] Upon receiving
from a city the certification that a community resources program
has been adopted or modified, the commissioner of state planning
shall, within 30 days after receiving the certification, pay to
the city the amount of state money identified as necessary to
implement the community resources program. State money may be
paid to the city only to the extent that the appropriation limit
for the city specified in subdivision 2 is not exceeded.
Subd. 2. [ALLOCATION.] Appropriation to each city shall be
in proportion to the city's portion of the combined population
of the cities. The population of each city is determined by the
most recent estimates available to the commissioner.
Sec. 6. [ELIGIBLE USES FOR COMMUNITY RESOURCE MONEY.]
Subdivision 1. [ELIGIBLE USES.] The city may use up to 20
percent of the community resource money for low-income housing
needs and economic development in targeted neighborhoods. Not
more than 40 percent of this amount may be used to address
low-income housing needs citywide.
If a resident of a targeted neighborhood is a recipient of
resource services and moves to a residence in another part of
the city, eligibility continues for the community resources
services.
Subd. 2. [WAY TO GROW.] The city of Minneapolis shall
spend $350,000 of the funds received by the city under section 5
on the Minneapolis way to grow program.
Sec. 7. [CITY POWERS.]
A city may exercise any of its corporate powers in
implementing the community resources program. In addition to
the authority granted by other law, a city, through a request
for proposal process, may make grants, loans, and other forms of
assistance to and enter into service contracts with,
individuals, for profit and nonprofit corporations, and other
organizations to implement a community resources program.
Sec. 8. [ANNUAL REPORT.]
A city must provide an annual report on the status of the
program implementation and analyze whether the intended
objectives are being achieved. The report should be presented
to the commissioner and the legislature.
ARTICLE 12
MULTIDISCIPLINARY CHEMICAL ABUSE PREVENTION TEAM
Section 1. [299A.40] [MULTIDISCIPLINARY CHEMICAL ABUSE
PREVENTION TEAM.]
Subdivision 1. [ESTABLISHMENT OF TEAM.] A county, a
multicounty organization of counties formed by an agreement
under section 471.59, or a city with a population of no more
than 50,000, may establish a multidisciplinary chemical abuse
prevention team. The chemical abuse prevention team may
include, but not be limited to, representatives of health,
mental health, public health, law enforcement, educational,
social service, court service, community education, religious,
and other appropriate agencies, and parent and youth groups.
For purposes of this section, "chemical abuse" has the meaning
given in Minnesota Rules, part 9530.6605, subpart 6. When
possible the team must coordinate its activities with existing
local groups, organizations, and teams dealing with the same
issues the team is addressing.
Subd. 2. [DUTIES OF TEAM.] (a) A multidisciplinary
chemical abuse prevention team shall:
(1) assist in coordinating chemical abuse prevention and
treatment services provided by various groups, organizations,
and agencies in the community;
(2) disseminate information on the chemical abuse
prevention and treatment services that are available within the
community in which the team is established;
(3) develop and conduct educational programs on chemical
abuse prevention for adults and youth within the community in
which the team is established;
(4) conduct activities to address other high-risk behaviors
related to chemical abuse, including, but not limited to,
suicide, delinquency, and family violence; and
(5) conduct other appropriate chemical abuse prevention
activities.
(b) The team, in carrying out its duties under this
subdivision, must focus on chemical abuse issues and needs
unique to the community in which the team is established. In
defining the needs and goals of the team, the team shall consult
with the governmental body of the city or county in which the
team is established. When a team is established in a
multicounty area, the team shall consult with representatives of
the county boards of each county.
(c) The team, in carrying out its duties, shall comply with
the government data practices act in chapter 13, and
requirements for confidentiality of records under Code of
Federal Regulations, title 42, sections 2.1 to 2.67, as amended
through December 31, 1988, and section 254A.09.
Subd. 3. [GRANTS FOR DEMONSTRATION PROGRAM.] The assistant
commissioner of the office of drug policy may award a grant to a
county, multicounty organization, or city, as described in
subdivision 1, for establishing and operating a
multidisciplinary chemical abuse prevention team. The assistant
commissioner may approve up to five applications for grants
under this subdivision. The grant funds must be used to
establish a multidisciplinary chemical abuse prevention team to
carry out the duties in subdivision 2.
Subd. 4. [ASSISTANT COMMISSIONER; ADMINISTRATION OF
GRANTS.] The assistant commissioner shall develop a process for
administering grants under subdivision 3. The process must be
compatible with the community grant program administered by the
state planning agency under the Drug Free Schools and
Communities Act, Public Law Number 100-690. The process for
administering the grants must include establishing criteria the
assistant commissioner shall apply in awarding grants. The
assistant commissioner shall issue requests for proposals for
grants under subdivision 3. The request must be designed to
obtain detailed information about the applicant and other
information the assistant commissioner considers necessary to
evaluate and select a grant recipient. The applicant shall
submit a proposal for a grant on a form and in a manner
prescribed by the assistant commissioner. The assistant
commissioner shall award grants under this section so that 50
percent of the funds appropriated for the grants go to the
metropolitan area comprised of Anoka, Carver, Dakota, Hennepin,
Ramsey, Scott, and Washington counties, and 50 percent of the
funds go to the area outside the metropolitan area. The process
for administering the grants must also include procedures for
monitoring the recipients' use of grant funds and reporting
requirements for grant recipients.
Sec. 2. [MONITORING AND REPORT OF CHEMICAL ABUSE
PREVENTION TEAMS.]
The assistant commissioner of the office of drug policy
shall monitor the activities of teams funded under the
demonstration program for multidisciplinary chemical abuse
prevention teams under section 1, and report to the legislature
on or before January 1, 1991, on the teams' operation and
progress.
Presented to the governor May 30, 1989
Signed by the governor June 1, 1989, 11:40 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes