Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 553-S.F.No. 2054 
           An act relating to the justice system; staggering the 
          elections of chief judges and assistant chief judges; 
          providing for the adoption of rules by the supreme 
          court governing jury administration; regulating peace 
          officer training and education; requiring studies by 
          the supreme court; imposing penalties; amending 
          Minnesota Statutes 1988, sections 484.69, subdivision 
          1, and by adding a subdivision; 593.19; 593.21; 
          593.31; 593.37, subdivision 2a; 593.40, subdivisions 
          4, 5, and by adding a subdivision; 626.86; Minnesota 
          Statutes 1989 Supplement, section 626.861, subdivision 
          4; proposing coding for new law in Minnesota Statutes, 
          chapter 593; repealing Minnesota Statutes 1988, 
          sections 484.69, subdivision 2; 593.01; 593.08; 
          593.131; 593.135; 593.16; 593.33; 593.34; 593.35; 
          593.36; 593.37, subdivisions 1, 2, and 3; 593.38; 
          593.39; 593.40, subdivisions 1, 2, and 3; 593.41; 
          593.42, subdivisions 1, 2, 3, and 5; 593.43; 593.44; 
          593.45; 593.46; 593.47; and 593.49. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 484.69, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ELECTION; TERM; REMOVAL.] By July 1, 1977, 
The judges of the district, county, county municipal and probate 
courts court resident in each of the judicial districts shall 
meet and elect from among their number a single chief judge and 
an assistant chief judge.  The chief judge and the assistant 
chief judge shall serve a term of two years beginning July 1 of 
the year in which they are elected.  No judge may serve as chief 
judge or assistant chief judge for more than two consecutive two 
year terms, except as provided in subdivision 1a.  For the term 
beginning July 1, 1991, and after that, the chief judge and 
assistant chief judge in the odd-numbered judicial district 
shall be elected to a term of two years.  For the term beginning 
July 1, 1991, the chief judge and assistant chief judge in the 
even-numbered judicial districts shall be elected to a term of 
one year.  For the term beginning July 1, 1992, and after that, 
the chief judge and assistant chief judge in the even-numbered 
judicial districts shall be elected to a term of two years. 
    The seniority of judges and rotation of the position of 
chief judge or assistant chief judge shall not be criteria for 
the election of the chief judge or the assistant chief judge. 
    A chief judge or assistant chief judge may be removed for 
cause as chief judge or assistant chief judge by the chief 
justice of the supreme court, or by a majority of the judges of 
the judicial district. 
    Sec. 2.  Minnesota Statutes 1988, section 484.69, is 
amended by adding a subdivision to read: 
     Subd. 1a.  [CHIEF JUDGE AND ASSISTANT CHIEF JUDGE.] The 
individuals who serve as chief judge and assistant chief judge 
in the even-numbered judicial districts during the 1991 term may 
serve as chief judge or assistant chief judge for a total of 
five consecutive years.  Any provision of a reorganization plan 
filed pursuant to section 487.191 which allows any judges to 
decline assignment to particular cases because of their subject 
matter is void and of no effect, and shall be given no 
consideration in making judicial assignments.  
     Sec. 3.  Minnesota Statutes 1988, section 593.19, is 
amended to read: 
    593.19 [MISCONDUCT OF OFFICER DRAWING JURY.] 
    Every An officer or other person charged by law with the 
preparation of any jury list, or list of names from which any a 
jury is to be drawn, and every a person authorized by law to 
assist at the drawing or impaneling of a grand or petit jury to 
attend a court or term of court, or to try any cause or issue, 
who shall: 
    (1) Place places on any such a list any a name at the 
request or solicitation, direct or indirect, of any a person; 
    (2) Designedly put purposely puts upon a list of jurors, as 
having been drawn, any a name which that was not lawfully drawn 
for that purpose; 
    (3) Designedly omit purposely omits to place on such a list 
any a name which that was lawfully drawn; 
    (4) Designedly sign purposely signs or certify certifies a 
list of such jurors as having been drawn, which that was not 
lawfully drawn; 
    (5) Designedly withdraw purposely withdraws from the box or 
other receptacle for the ballots containing the names of such 
the jurors any paper or ballot lawfully placed or belonging 
there, and containing the name of a juror, or omit to place 
therein any name lawfully drawn or designated, or place therein 
a paper or ballot containing the name of a person not lawfully 
drawn and designated as a juror; or 
    (6) Who, in drawing or impaneling such the jury, shall do 
any does an act which that is unfair, partial, or improper in 
any other respect shall be, is guilty of a misdemeanor.  
    Sec. 4.  Minnesota Statutes 1988, section 593.21, is 
amended to read: 
    593.21 [MISCONDUCT OF OFFICER IN CHARGE OF JURY.] 
    Every An officer to whose charge a jury is committed by a 
court, who negligently or willfully, and without leave of the 
court, permits them, or any one of them, to receive any a 
communication from any a person, to make any a communication to 
any a person, to obtain or receive any a book, paper, or 
refreshment, or to leave the jury room, is guilty of a 
misdemeanor.  
    Sec. 5.  Minnesota Statutes 1988, section 593.31, is 
amended to read: 
    593.31 [UNIFORM SELECTION AND SERVICE; DECLARATION OF 
POLICY.] 
    It is the policy of this state that all persons selected 
for jury service be selected at random from the broadest 
feasible cross section of the population of the area served by 
the court, and that all qualified citizens have the opportunity 
in accordance with sections 593.31 to 593.50 this chapter and 
applicable court rules to be considered for jury service in this 
state, and that qualified citizens have an obligation to serve 
as jurors when summoned for that purpose. 
    Sec. 6.  Minnesota Statutes 1988, section 593.37, 
subdivision 2a, is amended to read: 
    Subd. 2a.  The department of public safety shall, upon 
request and for a reasonable fee, provide drivers' license lists 
to the jury commissioner.  The lists shall be used solely as a 
supplementary source for selection of prospective jurors.  
    Sec. 7.  Minnesota Statutes 1988, section 593.40, 
subdivision 4, is amended to read: 
    Subd. 4.  A prospective juror who fails to return a 
completed juror qualification form questionnaire as instructed 
may be ordered by the court to appear and show cause for failure 
to complete and submit the questionnaire.  A prospective juror 
who fails to appear pursuant to the court's order or to show 
good cause for the failure to appear or who fails to show good 
cause for failure to complete and submit the questionnaire is 
guilty of a misdemeanor. 
    Sec. 8.  Minnesota Statutes 1988, section 593.40, 
subdivision 5, is amended to read: 
    Subd. 5.  A person who willfully misrepresents a material 
fact on a juror qualification form questionnaire for the purpose 
of avoiding or securing service as a juror is guilty of a 
misdemeanor. 
    Sec. 9.  Minnesota Statutes 1988, section 593.40, is 
amended by adding a subdivision to read: 
    Subd. 6.  [FAILURE TO APPEAR.] A person summoned for jury 
service who fails to appear as directed shall be ordered by the 
court to appear and show cause for failure to comply with the 
summons.  Absent a showing of good cause for noncompliance with 
the summons, the juror is guilty of a misdemeanor. 
    Sec. 10.  [593.51] [COURT RULES.] 
    The supreme court shall promulgate rules governing jury 
administration in accordance with this chapter by July 31, 1990. 
     Sec. 11.  Minnesota Statutes 1988, section 626.86, is 
amended to read: 
    626.86 [PEACE OFFICERS TRAINING.] 
    Money appropriated for peace officers training shall be 
expended as follows:  
    (a) Ten Thirty percent shall be provided for reimbursement 
to board approved skills courses in proportion to the number of 
students successfully completing the board's skills licensing 
examination.  
    (b) To each local unit of government an amount in 
proportion to the number of licensed peace officers and 
constables employed, at a rate to be determined by the board.  
The disbursed amount shall be used exclusively for reimbursement 
of the cost of in-service training required under chapters 214 
and 626.  
    Sec. 12.  Minnesota Statutes 1989 Supplement, section 
626.861, subdivision 4, is amended to read: 
    Subd. 4.  [PEACE OFFICERS TRAINING ACCOUNT.] Receipts from 
penalty assessments must be credited to the general fund.  The 
peace officers standards and training board may allocate from 
funds appropriated as follows: 
    (a) Up to ten 30 percent may be provided for reimbursement 
to board approved skills courses in proportion to the number of 
students successfully completing the board's skills licensing 
examination. 
    (b) The balance may be used to pay each local unit of 
government an amount in proportion to the number of licensed 
peace officers and constables employed, at a rate to be 
determined by the board.  The disbursed amount must be used 
exclusively for reimbursement of the cost of in-service training 
required under this chapter and chapter 214. 
    Sec. 13.  [PROFESSIONAL PEACE OFFICER EDUCATION; STUDY 
REQUIRED.] 
    The peace officer standards and training board shall study 
and report on the training and educational requirements, 
including the need to require a baccalaureate degree, 
prerequisite to licensure as a peace officer.  In conducting 
this study, the board shall, at a minimum, consult with peace 
officers, police chiefs, sheriffs, elected officials from 
municipalities and counties, representatives of the minority 
communities, each public post-secondary education system, and 
the higher education coordinating board.  A report based on this 
study shall be submitted to the legislature on or before 
February 1, 1991. 
    Sec. 14.  [SUPREME COURT STUDIES.] 
    Subdivision 1.  [JOINDER STUDY.] The supreme court shall 
study the feasibility of amending rule 17.03 of the Minnesota 
Rules of Criminal Procedure to facilitate the joint trial of 
certain defendants being prosecuted for possession of a 
controlled substance where separate trials do not serve the 
interests of justice.  The court shall consider whether the 
amendment of rule 17.03 would have an unfair impact on 
particular economic classes or ethnic groups or otherwise create 
unfair categories of defendants. 
    Subd. 2.  [CASH BAIL STUDY.] The supreme court shall study 
the feasibility of amending the Minnesota Rules of Criminal 
Procedure to provide a hearing when a defendant pays a large 
bail amount in cash to allow the court to determine whether the 
funds are the proceeds of the unlawful sale of controlled 
substances. 
    Sec. 15.  [REPEALER.] 
    Minnesota Statutes 1988, sections 484.69, subdivision 2; 
593.01; 593.08; 593.131; 593.135; 593.16; 593.33; 593.34; 
593.35; 593.36; 593.37, subdivisions 1, 2, and 3; 593.38; 
593.39; 593.40, subdivisions 1, 2, and 3; 593.41; 593.42, 
subdivisions 1, 2, 3, and 5; 593.43; 593.44; 593.45; 593.46; 
593.47; and 593.49 are repealed. 
    Presented to the governor April 26, 1990 
    Signed by the governor May 3, 1990, 5:27 p.m.