Minnesota Session Laws - 1991, Regular Session

  

                         Laws of Minnesota 1991 

                        CHAPTER 279-S.F.No. 525 
           An act relating to crimes; expanding the definition of 
          drug free zones to include public housing property; 
          increasing penalties for certain drug crimes committed 
          in a drug free zone; expanding the juvenile code 
          definition of "child in need of protection or 
          services"; making it a prima facie case for adult 
          court certification in the case of certain firearms 
          violations committed by a juvenile; changing the name 
          and duties of the drug abuse prevention resource 
          council and the duties of the office of drug policy; 
          authorizing grants for witness assistance services; 
          requiring reporting of certain criminal convictions; 
          imposing minimum fines in controlled substance cases; 
          providing for consecutive mandatory minimum sentences 
          for firearms and controlled substance violations; 
          requiring chemical use assessments of convicted felony 
          offenders; providing for the collection of 
          restitution; increasing penalties for assaulting a 
          school official; enhancing penalties for committing a 
          crime for the benefit of a criminal gang; increasing 
          penalties for a variety of weapons offenses; 
          prohibiting soliciting a juvenile to commit a crime; 
          requiring studies; appropriating money; amending 
          Minnesota Statutes 1990, sections 152.01, by adding 
          subdivisions; 152.021, subdivision 1; 152.022, 
          subdivision 1; 152.023, subdivision 2; 152.024, 
          subdivision 1; 152.029; 260.015, subdivision 2a; 
          260.125, subdivision 3; 299A.29, subdivisions 3, 5, 
          and by adding subdivisions; 299A.30; 299A.31, 
          subdivision 1; 299A.32; 299A.34, subdivision 2; 
          299A.35; 299A.36; 299C.065; 485.16; 609.05, 
          subdivision 4, and by adding a subdivision; 609.101, 
          by adding a subdivision; 609.11, by adding a 
          subdivision; 609.115, by adding a subdivision; 
          609.135, subdivisions 1a and 2; 609.2231, by adding a 
          subdivision; 609.52, subdivision 3; 609.66; 609.72, 
          subdivision 1; 624.712, subdivision 5; 624.713, 
          subdivision 2; proposing coding for new law in 
          Minnesota Statutes, chapter 609; repealing Minnesota 
          Statutes, sections 244.095; 299A.29, subdivisions 2 
          and 4; and 609.101, subdivision 3. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 19.  [PUBLIC HOUSING ZONE.] "Public housing zone" 
means any public housing project or development administered by 
a local housing agency, plus the area within 300 feet of the 
property's boundary, or one city block, whichever distance is 
greater. 
    Sec. 2.  Minnesota Statutes 1990, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 20.  [UNLAWFULLY.] "Unlawfully" means selling, 
possessing, or possessing with intent to sell a controlled 
substance in a manner not authorized by law. 
    Sec. 3.  Minnesota Statutes 1990, section 152.021, 
subdivision 1, is amended to read: 
    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 of a total weight 
of ten grams or more containing 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 50 kilograms or more containing marijuana or 
Tetrahydrocannabinols, or one or more mixtures of a total weight 
of 25 kilograms or more containing marijuana or 
Tetrahydrocannabinols in a school zone, a park zone, or a public 
housing zone. 
    Sec. 4.  Minnesota Statutes 1990, section 152.022, 
subdivision 1, is amended to read: 
    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 of a total weight 
or of three grams or more containing 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 25 kilograms or more containing marijuana or 
Tetrahydrocannabinols; 
    (5) the person unlawfully sells any amount of a schedule I 
or II narcotic drug 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 
    (6) the person unlawfully sells any amount of a schedule I 
or II narcotic drug of the following in a school zone or, a park 
zone, or a public housing zone: 
    (i) any amount of a schedule I or II narcotic drug; 
    (ii) one or more mixtures containing methamphetamine or 
amphetamine; or 
    (iii) one or more mixtures of a total weight of five 
kilograms or more containing marijuana or Tetrahydrocannabinols. 
    Sec. 5.  Minnesota Statutes 1990, section 152.023, 
subdivision 2, is amended to read: 
    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 of 
a total weight of three grams or more containing 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 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, 
or a public housing zone; or 
    (6) the person unlawfully possesses one or more mixtures of 
a total weight of ten kilograms or more containing marijuana or 
Tetrahydrocannabinols.; or 
    (7) the person unlawfully possesses one or more mixtures 
containing methamphetamine or amphetamine in a school zone, a 
park zone, or a public housing zone. 
    Sec. 6.  Minnesota Statutes 1990, section 152.024, 
subdivision 1, is amended to read: 
    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 a controlled substance classified in schedule IV or V 
to a person under the age of 18; or 
    (3) 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; or 
    (4) the person unlawfully sells any amount of marijuana or 
Tetrahydrocannabinols in a school zone, a park zone, or a public 
housing zone, except a small amount for no remuneration. 
    Sec. 7.  Minnesota Statutes 1990, section 152.029, is 
amended to read: 
    152.029 [PUBLIC INFORMATION:  SCHOOL ZONES AND, PARK ZONES, 
AND PUBLIC HOUSING 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, and public 
housing zones.  The attorney general shall draft a plain 
language version of sections 152.022, and 152.023, and 
244.095 relevant provisions of the sentencing guidelines, that 
describes in a clear and coherent manner using words with common 
and everyday meanings the contents content of those sections 
provisions.  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, and administrators and occupants of public housing. 
     Sec. 8.  Minnesota Statutes 1990, section 260.015, 
subdivision 2a, is amended to read: 
    Subd. 2a.  [CHILD IN NEED OF PROTECTION OR SERVICES.] 
"Child in need of protection or services" means a child who is 
in need of protection or services because the child: 
    (1) is abandoned or without parent, guardian, or custodian; 
    (2)(i) has been a victim of physical or sexual abuse, or 
(ii) resides with or has resided with a victim of domestic child 
abuse as defined in subdivision 24, (iii) resides with or would 
reside with a perpetrator of domestic child abuse, or (iv) is a 
victim of emotional maltreatment as defined in subdivision 5a; 
    (3) is without necessary food, clothing, shelter, 
education, or other required care for the child's physical or 
mental health or morals because the child's parent, guardian, or 
custodian is unable or unwilling to provide that care; 
    (4) is without the special care made necessary by a 
physical, mental, or emotional condition because the child's 
parent, guardian, or custodian is unable or unwilling to provide 
that care; 
    (5) is medically neglected, which includes, but is not 
limited to, the withholding of medically indicated treatment 
from a disabled infant with a life-threatening condition.  The 
term "withholding of medically indicated treatment" means the 
failure to respond to the infant's life-threatening conditions 
by providing treatment, including appropriate nutrition, 
hydration, and medication which, in the treating physician's or 
physicians' reasonable medical judgment, will be most likely to 
be effective in ameliorating or correcting all conditions, 
except that the term does not include the failure to provide 
treatment other than appropriate nutrition, hydration, or 
medication to an infant when, in the treating physician's or 
physicians' reasonable medical judgment: 
       (i) the infant is chronically and irreversibly comatose; 
     (ii) the provision of the treatment would merely prolong 
dying, not be effective in ameliorating or correcting all of the 
infant's life-threatening conditions, or otherwise be futile in 
terms of the survival of the infant; or 
    (iii) the provision of the treatment would be virtually 
futile in terms of the survival of the infant and the treatment 
itself under the circumstances would be inhumane; 
    (6) is one whose parent, guardian, or other custodian for 
good cause desires to be relieved of the child's care and 
custody; 
    (7) has been placed for adoption or care in violation of 
law; 
    (8) is without proper parental care because of the 
emotional, mental, or physical disability, or state of 
immaturity of the child's parent, guardian, or other custodian; 
    (9) is one whose behavior, condition, or environment is 
such as to be injurious or dangerous to the child or others.  An 
injurious or dangerous environment may include, but is not 
limited to, the exposure of a child to criminal activity in the 
child's home; 
    (10) has committed a delinquent act before becoming ten 
years old; 
    (11) is a runaway; 
    (12) is an habitual truant; or 
    (13) is one whose custodial parent's parental rights to 
another child have been involuntarily terminated within the past 
five years. 
    Sec. 9.  Minnesota Statutes 1990, section 260.125, 
subdivision 3, is amended to read: 
    Subd. 3.  [PRIMA FACIE CASE.] 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 
(c) the juvenile, at the time of the offense, used, whether by 
brandishing, displaying, threatening with, or otherwise 
employing, a firearm; 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 or a local 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 park zone or a school zone as defined in section 152.01, 
subdivisions 12a and 14a.  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; or 
    (10) is alleged by delinquency petition to have committed a 
violation of section 624.713, subdivision 1, clause (a), and has 
been previously found by the court, pursuant to an admission in 
court or after trial, to have committed a violation of section 
624.713, subdivision 1, clause (a). 
    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. 10.  Minnesota Statutes 1990, section 299A.29, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [CHEMICAL ABUSE.] "Chemical abuse" means the use 
of a controlled substance or the abuse of alcoholic beverages. 
    Sec. 11.  Minnesota Statutes 1990, section 299A.29, 
subdivision 3, is amended to read: 
    Subd. 3.  [DRUG CONTROLLED SUBSTANCE.] "Drug" means a " 
Controlled substance" as defined has the meaning given in 
section 152.01, subdivision 4. 
    Sec. 12.  Minnesota Statutes 1990, section 299A.29, is 
amended by adding a subdivision to read: 
    Subd. 4a.  [PREVENTION ACTIVITY.] "Prevention activity" 
means an activity carried on by a government agency that is 
designed to reduce chemical abuse and dependency, including 
education, prevention, treatment, and rehabilitation programs. 
    Sec. 13.  Minnesota Statutes 1990, section 299A.29, 
subdivision 5, is amended to read: 
    Subd. 5.  [SUPPLY REDUCTION ACTIVITY.] "Supply 
reduction activity" means an activity carried on by a drug 
program government agency that is designed to reduce the supply 
or use of drugs controlled substances, including law 
enforcement, eradication, and prosecutorial activities. 
    Sec. 14.  Minnesota Statutes 1990, section 299A.30, is 
amended to read: 
    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 prevention and supply reduction activities of 
drug program state and local agencies and serve as provide one 
professional staff member to assist on a full-time basis the 
drug work of the chemical abuse prevention resource council.  
    Subd. 2.  [DUTIES.] (a) The assistant commissioner shall 
gather and make available information on demand reduction 
prevention and supply reduction activities throughout the state, 
foster cooperation among drug program involved state and local 
agencies, and assist agencies and public officials in training 
and other programs designed to improve the effectiveness 
of demand reduction prevention and supply reduction activities. 
    (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 299A.33 and 299A.34, after consultation with the drug 
chemical abuse prevention resource council. 
    (c) The assistant commissioner shall: 
    (1) after consultation with all drug program state agencies 
operating in the state involved in prevention or supply 
reduction activities, develop a state drug chemical abuse and 
dependency strategy encompassing the efforts of those agencies 
and taking into account all money available for demand reduction 
prevention and supply reduction activities, 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 prevention and supply reduction activities 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 prevention and supply 
reduction activities; and 
    (4) provide information, including information on drug 
trends, and assistance to drug program state and local agencies, 
both directly and by functioning as a clearinghouse for 
information from other drug program agencies; 
    (5) facilitate cooperation among drug program agencies; and 
    (6) coordinate the administration of prevention, criminal 
justice, and treatment grants. 
    Sec. 15.  Minnesota Statutes 1990, section 299A.31, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A drug 
chemical 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:  public health; 
education including preschool, elementary, and higher education; 
social services; financial aid services; chemical dependency 
treatment; law enforcement; prosecution; defense; the judiciary; 
corrections; treatment research professionals; drug abuse 
prevention professionals; the business sector; religious 
leaders; representatives of racial and ethnic minority 
communities; and other community representatives.  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.  
    Sec. 16.  Minnesota Statutes 1990, section 299A.32, is 
amended to read: 
    299A.32 [RESPONSIBILITIES OF COUNCIL.] 
    Subdivision 1.  [PURPOSE OF COUNCIL.] The general purpose 
of the council is to foster the coordination and development of 
a statewide drug serve as an advisory body to the governor and 
the legislature on all aspects of alcohol and 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 shall: 
    (1) it shall develop a coordinated, statewide drug abuse 
prevention policy assist state agencies in the coordination of 
drug policies and programs and in the provision of services to 
other units of government, communities, and citizens; 
    (2) it shall develop a mission statement that defines the 
roles and relationships of agencies operating within the 
continuum of chemical health care promote among state agencies 
policies to achieve uniformity in state and federal grant 
programs and to streamline those programs; 
    (3) it shall develop guidelines for drug abuse prevention 
program development and operation based on its research and 
program evaluation activities oversee comprehensive data 
collection and research and evaluation of alcohol and drug 
program 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. 
seek the advice and counsel of appropriate interest groups and 
advise the assistant commissioner of the office of drug policy; 
    (5) seek additional private funding for community-based 
programs and research and evaluation; 
    (6) evaluate whether law enforcement narcotics task forces 
should be reduced in number and increased in geographic size, 
and whether new sources of funding are available for the task 
forces; 
    (7) continue to promote clarity of roles among federal, 
state, and local law enforcement activities; and 
    (8) establish criteria to evaluate law enforcement drug 
programs. 
    Subd. 2a.  [GRANT PROGRAMS.] The council shall review and 
approve state agency plans regarding the use of federal funds 
for programs to reduce chemical abuse or reduce the supply of 
controlled substances.  The appropriate state agencies would 
have responsibility for management of state and federal drug 
grant programs. 
    Subd. 3.  [ANNUAL REPORT.] On or before By February 1, 
1991, and each year thereafter, the council shall submit a 
written report to the governor and 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 chemical abuse prevention policy, programs, or 
and services. 
    Sec. 17.  Minnesota Statutes 1990, section 299A.34, 
subdivision 2, is amended to read: 
    Subd. 2.  [SELECTION AND MONITORING.] The drug chemical 
abuse prevention resource council shall assist in the selection 
and monitoring of grant recipients. 
    Sec. 18.  Minnesota Statutes 1990, section 299A.35, is 
amended to read: 
    299A.35 [COMMUNITY CRIME REDUCTION PROGRAMS; GRANTS.] 
    Subdivision 1.  [PROGRAMS.] The commissioner shall, in 
consultation with the drug chemical 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 or 
a nonprofit community-based entity 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 or 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 $50,000. 
    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 to the legislature, by February 1 
each year, based on the information provided by applicants under 
this subdivision. 
    Sec. 19.  Minnesota Statutes 1990, section 299A.36, is 
amended to read: 
    299A.36 [OTHER DUTIES.] 
    The assistant commissioner assigned to the office of drug 
policy, in consultation with the drug chemical 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. 20.  Minnesota Statutes 1990, section 299C.065, is 
amended to read: 
    299C.065 [UNDERCOVER BUY FUND; WITNESS ASSISTANCE 
SERVICES.] 
    Subdivision 1.  The commissioner of public safety shall 
make grants to local officials for the following purposes: 
    (1) the cooperative investigation of cross jurisdictional 
criminal activity relating to the possession and sale of 
controlled substances,; 
    (2) receiving or selling stolen goods,; 
    (3) participating in gambling activities in violation of 
section 609.76,; 
    (4) violations of section 609.322, 609.323, or any other 
state or federal law prohibiting the recruitment, 
transportation, or use of juveniles for purposes of 
prostitution; and 
    (5) witness assistance services in cases involving criminal 
gang activity in violation of section 30, or domestic assault, 
as defined in section 611A.0315.  
    Subd. 2.  A county sheriff or the chief administrative 
officer of a municipal police department may apply to the 
commissioner of public safety for a grant for any of the 
purposes described in subdivision 1, on forms and pursuant to 
procedures developed by the superintendent.  The application 
shall describe the type of intended criminal investigation, an 
estimate of the amount of money required, and any other 
information the superintendent deems necessary.  
    Subd. 3.  A report shall be made to the commissioner at the 
conclusion of an investigation pursuant to this section 
stating:  (1) the number of persons arrested, (2) the nature of 
charges filed against them, (3) the nature and value of 
controlled substances or contraband purchased or seized, (4) the 
amount of money paid to informants during the investigation, and 
(5) a separate accounting of the amount of money spent for 
expenses, other than "buy money", of bureau and local law 
enforcement personnel during the investigation.  The 
commissioner shall prepare and submit to the legislature by 
January 1 of each year a report of investigations pursuant to 
this section.  
    Subd. 3a.  The head of a law enforcement agency that 
receives a grant under this section for witness assistance 
services shall file a report with the commissioner at the 
conclusion of the case detailing the specific purposes for which 
the money was spent.  The commissioner shall prepare and submit 
to the legislature by January 1 of each year a summary report of 
witness assistance services provided under this section.  
    Subd. 4.  An application to the commissioner for money is a 
confidential record.  Information within investigative files 
that identifies or could reasonably be used to ascertain the 
identity of assisted witnesses, sources, or undercover 
investigators is a confidential record.  A report at the 
conclusion of an investigation is a public record, except that 
information in a report pertaining to the identity or location 
of an assisted witness is private data.  
    Sec. 21.  Minnesota Statutes 1990, section 485.16, is 
amended to read: 
    485.16 [RECORD ALL ACTIONS FILED.] 
    Subdivision 1.  [RECORDS KEPT.] The court administrators of 
the district courts of the several counties shall keep a record 
of all actions and proceedings, civil and criminal, filed in the 
court, and shall furnish to the state appellate courts any 
information concerning the actions as is prescribed by rule of 
civil procedure. 
    Subd. 2.  [CRIMINAL DISPOSITIONS REPORTED.] The court 
administrator of the district court shall report to the supreme 
court within 30 days after a judge pronounces sentence following 
a felony conviction.  The report must include the sentence 
pronounced, whether imposition was stayed, and other information 
requested by the supreme court. 
    Sec. 22.  Minnesota Statutes 1990, section 609.05, 
subdivision 4, is amended to read: 
    Subd. 4.  A person liable under this section may be charged 
with and convicted of the crime although the person who directly 
committed it has not been convicted, or has been convicted of 
some other degree of the crime or of some other crime based on 
the same act, or if the person is a juvenile who has not been 
found delinquent for the act.  
    Sec. 23.  Minnesota Statutes 1990, section 609.05, is 
amended by adding a subdivision to read: 
    Subd. 5.  For purposes of this section, a crime also 
includes an act committed by a juvenile that would be a crime if 
committed by an adult. 
    Sec. 24.  Minnesota Statutes 1990, section 609.101, is 
amended by adding a subdivision to read: 
    Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM 
FINES.] (a) Notwithstanding any other law, when a court 
sentences a person convicted of: 
    (1) a first degree controlled substance crime under section 
152.021, it must impose a fine of not less than $2,500 nor more 
than the maximum fine authorized by law; 
    (2) a second degree controlled substance crime under 
section 152.022, it must impose a fine of not less than $1,000 
nor more than the maximum fine authorized by law; 
    (3) a third degree controlled substance crime under section 
152.023, it must impose a fine of not less than $750 nor more 
than the maximum fine authorized by law; 
    (4) a fourth degree controlled substance crime under 
section 152.024, it must impose a fine of not less than $500 nor 
more than the maximum fine authorized by law; and 
    (5) a fifth degree controlled substance violation under 
section 152.025, it must impose a fine of not less than $300 nor 
more than the maximum fine authorized by law. 
    (b) The court may not waive payment of the fine or 
authorize payment of it in installments unless the court makes 
written findings on the record that the convicted person is 
indigent or that the fine would create undue hardship for the 
convicted person or that person's immediate family. 
    (c) The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term of imprisonment or restitution 
imposed or ordered by the court. 
    (d) The court shall collect the fine mandated by this 
subdivision and forward 70 percent of it to a local drug abuse 
prevention program existing or being implemented in the county 
in which the crime was committed.  The court shall forward the 
remaining 30 percent to the state treasurer to be credited to 
the general fund.  If more than one drug abuse prevention 
program serves the county in which the crime was committed, the 
court may designate on a case-by-case basis which program will 
receive the fine proceeds, giving consideration to the community 
in which the crime was committed, the funding needs of the 
program, the number of peace officers in each community 
certified to teach the program, and the number of children 
served by the program in each community.  If no drug abuse 
prevention program serves communities in that county, the court 
shall forward 100 percent of the fine proceeds to the state 
treasurer to be credited to the general fund.  
    (e) The minimum fines required by this subdivision shall be 
collected as are other fines.  Fine proceeds received by a local 
drug abuse prevention program must be used to support that 
program, and may be used for salaries of peace officers 
certified to teach the program.  The drug abuse resistance 
education program must report receipt and use of money generated 
under this subdivision as prescribed by the drug abuse 
resistance education advisory council. 
    (f) As used in this subdivision, "drug abuse prevention 
program" and "program" include: 
    (1) the drug abuse resistance education program described 
in sections 299A.33 and 299A.331; and 
    (2) any similar drug abuse education and prevention program 
that includes the following components: 
    (A) instruction for students enrolled in kindergarten 
through grade six that is designed to teach students to 
recognize and resist pressures to experiment with controlled 
substances and alcohol; 
    (B) provisions for parental involvement; 
    (C) classroom instruction by uniformed law enforcement 
personnel; 
    (D) the use of positive student leaders to influence 
younger students not to use drugs; and 
    (E) an emphasis on activity-oriented techniques designed to 
encourage student-generated responses to problem-solving 
situations. 
    Sec. 25.  Minnesota Statutes 1990, section 609.11, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [DRUG OFFENSES.] Notwithstanding section 
609.035, whenever a defendant is subject to a mandatory minimum 
term of imprisonment for a felony violation of chapter 152 and 
is also subject to this section, the minimum term of 
imprisonment imposed under this section shall be consecutive to 
that imposed under chapter 152. 
    Sec. 26.  Minnesota Statutes 1990, section 609.115, is 
amended by adding a subdivision to read: 
    Subd. 8.  [CHEMICAL USE ASSESSMENT REQUIRED.] (a) If a 
person is convicted of a felony, the probation officer shall 
determine in the report prepared under subdivision 1 whether or 
not alcohol or drug use was a contributing factor to the 
commission of the offense.  If so, the report shall contain the 
results of a chemical use assessment conducted in accordance 
with this subdivision.  The probation officer shall make an 
appointment for the defendant to undergo the chemical use 
assessment if so indicated. 
    (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.  The 
assessment must be conducted by an assessor qualified under 
rules adopted by the commissioner of human services under 
section 254A.03, subdivision 3.  An assessor providing a 
chemical use assessment 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 probation officer 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. 
    Sec. 27.  Minnesota Statutes 1990, section 609.135, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [FAILURE TO PAY RESTITUTION.] If the court 
orders payment of restitution as a condition of probation and if 
the defendant fails to pay the restitution in accordance with 
the payment schedule or structure established by the court or 
the probation officer, the defendant's probation officer may, on 
the officer's own motion or at the request of the victim, ask 
the court to hold a hearing to determine whether or not the 
conditions of probation should be changed or probation should be 
revoked.  The defendant's probation officer shall ask for the 
hearing if the restitution ordered has not been paid prior to 60 
days before the term of probation expires.  The court shall 
schedule and hold this hearing and take appropriate action, 
including action under subdivision 2, paragraph (f), before the 
defendant's term of probation expires. 
    Sec. 28.  Minnesota Statutes 1990, section 609.135, 
subdivision 2, is amended to read: 
    Subd. 2.  (1) (a) If the conviction is for a felony the 
stay shall be for not more than three years or the maximum 
period for which the sentence of imprisonment might have been 
imposed, whichever is longer. 
    (2) (b) If the conviction is for a gross misdemeanor the 
stay shall be for not more than two years. 
    (3) (c) If the conviction is for a misdemeanor under 
section 169.121, the stay shall be for not more than two years.  
The court shall provide for unsupervised probation for the 
second year of the stay unless the court finds that the 
defendant needs supervised probation for all or part of the 
second year. 
    (4) (d) If the conviction is for a misdemeanor not 
specified in clause (3) paragraph (c), the stay shall be for not 
more than one year.  
    (5) (e) The defendant shall be discharged when the stay 
expires, unless the stay has been revoked or extended under 
paragraph (f), or the defendant has already been discharged. 
    (f) Notwithstanding the maximum periods specified for stays 
of sentences under paragraphs (a) to (e), a court may extend a 
defendant's term of probation for up to one year if it finds, at 
a hearing conducted under subdivision 1a, that: 
    (1) the defendant has not paid court-ordered restitution in 
accordance with the payment schedule or structure; and 
    (2) the defendant is likely to not pay the restitution the 
defendant owes before the term of probation expires.  
This one-year extension of probation for failure to pay 
restitution may be extended by the court for up to one 
additional year if the court finds, at another hearing conducted 
under subdivision 1a, that the defendant still has not paid the 
court-ordered restitution that the defendant owes. 
    Sec. 29.  Minnesota Statutes 1990, section 609.2231, is 
amended by adding a subdivision to read: 
    Subd. 5.  [SCHOOL OFFICIAL.] Whoever assaults a school 
official while the official is engaged in the performance of the 
official's duties, and inflicts demonstrable bodily harm, is 
guilty of a gross misdemeanor.  As used in this subdivision, 
"school official" includes teachers, school administrators, and 
other employees of a public or private school. 
    Sec. 30.  [609.229] [CRIME COMMITTED FOR BENEFIT OF A 
GANG.] 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"criminal gang" means any ongoing organization, association, or 
group of three or more persons, whether formal or informal, that:
    (1) has, as one of its primary activities, the commission 
of one or more of the offenses listed in section 609.11, 
subdivision 9; 
    (2) has a common name or common identifying sign or symbol; 
and 
    (3) includes members who individually or collectively 
engage in or have engaged in a pattern of criminal activity. 
    Subd. 2.  [CRIMES.] A person who commits a crime for the 
benefit of, at the direction of, or in association with a 
criminal gang, with the intent to promote, further, or assist in 
criminal conduct by gang members is guilty of a crime and may be 
sentenced as provided in subdivision 3. 
    Subd. 3.  [PENALTY.] (a) If the crime committed in 
violation of subdivision 2 is a felony, the statutory maximum 
for the crime is three years longer than the statutory maximum 
for the underlying crime. 
    (b) If the crime committed in violation of subdivision 2 is 
a misdemeanor, the person is guilty of a gross misdemeanor. 
    (c) If the crime committed in violation of subdivision 2 is 
a gross misdemeanor, the person is guilty of a felony and may be 
sentenced to a term of imprisonment of not more than one year 
and a day or to payment of a fine of not more than $5,000, or 
both. 
    Sec. 31.  [609.494] [SOLICITATION OF JUVENILES.] 
    Subdivision 1.  [CRIME.] A person is guilty of a crime and 
may be sentenced as provided in subdivision 2 if the person 
solicits a minor to commit a criminal act. 
    Subd. 2.  [SENTENCE.] (a) A person who violates subdivision 
1 is guilty of a misdemeanor if the intended criminal act is a 
misdemeanor, and is guilty of a gross misdemeanor if the 
intended criminal act is a gross misdemeanor. 
    (b) A person who violates subdivision 1 is guilty of a 
felony if the intended criminal act is a felony, and may be 
sentenced to imprisonment for not more than one-half the 
statutory maximum term for the intended criminal act or to 
payment of a fine of not more than one-half the maximum fine for 
the intended criminal act, or both. 
    Sec. 32.  Minnesota Statutes 1990, section 609.52, 
subdivision 3, is amended to read: 
    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 
property is a firearm, or 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 I or II 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 III, IV, or V 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 
    (d) the value of the property or services stolen is not 
more than $500, and any of the following circumstances exist: 
    (i) the property is taken from the person of another or 
from a corpse, or grave or coffin containing a corpse; or 
    (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 
    (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 
    (iv) the property consists of public funds belonging to the 
state or to any political subdivision or agency thereof; or 
    (v) the property is a firearm; or 
    (vi) the property stolen is a motor vehicle; or 
    (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 
    (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. 33.  Minnesota Statutes 1990, section 609.66, is 
amended to read: 
    609.66 [DANGEROUS WEAPONS.] 
    Subdivision 1.  [MISDEMEANOR AND GROSS MISDEMEANOR 
CRIMES.] (a) Whoever does any of the following is guilty of 
a misdemeanor crime and may be sentenced as provided in 
paragraph (b): 
    (1) recklessly handles or uses a gun or other dangerous 
weapon or explosive so as to endanger the safety of another; or 
    (2) intentionally points a gun of any kind, capable of 
injuring or killing a human being and whether loaded or 
unloaded, at or toward another; or 
    (3) manufactures or sells for any unlawful purpose any 
weapon known as a slungshot or sand club; or 
    (4) manufactures, transfers, or possesses metal knuckles or 
a switch blade knife opening automatically; or 
    (5) possesses any other dangerous article or substance for 
the purpose of being used unlawfully as a weapon against 
another; or 
    (6) outside of a municipality and without the parent's or 
guardian's consent, furnishes a child under 14 years of age, or 
as a parent or guardian permits the child to handle or use, 
outside of the parent's or guardian's presence, a firearm or 
airgun of any kind, or any ammunition or explosive.  
     Possession of written evidence of prior consent signed by 
the minor's parent or guardian is a complete defense to a charge 
under clause (6). 
    (b) A person convicted under paragraph (a) may be sentenced 
as follows: 
    (1) if the act was committed in a public housing zone, as 
defined in section 152.01, subdivision 19, a school zone, as 
defined in section 152.01, subdivision 14a, or a park zone, as 
defined in section 152.01, subdivision 12a, to imprisonment for 
not more than one year or to payment of a fine of not more than 
$3,000, or both; or 
    (2) otherwise, including where the act was committed on 
residential premises within a zone described in clause (1) if 
the offender was at the time an owner, tenant, or invitee for a 
lawful purpose with respect to those residential premises, to 
imprisonment for not more than 90 days or to payment of a fine 
of not more than $700, or both. 
    Subd. 1a.  [FELONY CRIMES.] (a) Whoever does any of the 
following is guilty of a felony and may be sentenced to 
imprisonment for not more than two years or to payment of a fine 
of not more than $5,000, or both as provided in paragraph (b): 
    (1) sells or has in possession any device designed to 
silence or muffle the discharge of a firearm; or 
    (2) in any municipality of this state, furnishes a minor 
under 18 years of age with a firearm, airgun, ammunition, or 
explosive without the written consent of the minor's parent or 
guardian or of the police department of the municipality; or 
    (3) intentionally discharges a firearm under circumstances 
that endanger the safety of another. 
    (b) A person convicted under paragraph (a) may be sentenced 
as follows: 
    (1) if the act was committed in a public housing zone, as 
defined in section 152.01, subdivision 19, a school zone, as 
defined in section 152.01, subdivision 14a, or a park zone, as 
defined in section 152.01, subdivision 12a, to imprisonment for 
not more than five years or to payment of a fine of not more 
than $10,000, or both; or 
    (2) otherwise, to imprisonment for not more than two years 
or to payment of a fine of not more than $5,000, or both. 
    Subd. 1b.  [FELONY; FURNISHING TO MINORS.] Whoever, in any 
municipality of this state, furnishes a minor under 18 years of 
age with a firearm, airgun, ammunition, or explosive without the 
prior consent of the minor's parent or guardian or of the police 
department of the municipality 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.  Possession 
of written evidence of prior consent signed by the minor's 
parent or guardian is a complete defense to a charge under this 
subdivision. 
    Subd. 1c.  [FELONY; FURNISHING A DANGEROUS WEAPON.] Whoever 
recklessly furnishes a person with a dangerous weapon in 
conscious disregard of a known substantial risk that the object 
will be possessed or used in furtherance of a felony crime of 
violence 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. 
    Subd. 2.  [EXCEPTIONS.] Nothing in this section prohibits 
the possession of the articles mentioned by museums or 
collectors of art or for other lawful purposes of public 
exhibition.  
    Sec. 34.  Minnesota Statutes 1990, section 609.72, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whoever does any of the following in a 
public or private place, knowing, or having reasonable grounds 
to know that it will, or will tend to, alarm, anger or disturb 
others or provoke an assault or breach of the peace, is guilty 
of disorderly conduct, which is a misdemeanor: 
    (1) Engages in brawling or fighting; or 
    (2) Disturbs an assembly or meeting, not unlawful in its 
character; or 
    (3) Engages in offensive, obscene, or abusive language or 
in, boisterous and, or noisy conduct or in offensive, obscene, 
or abusive language tending reasonably to arouse alarm, anger, 
or resentment in others.  
    A person does not violate this section if the person's 
disorderly conduct was caused by an epileptic seizure. 
    Sec. 35.  Minnesota Statutes 1990, section 624.712, 
subdivision 5, is amended to read: 
    Subd. 5.  "Crime of violence" includes murder in the first, 
second, and third degrees, manslaughter in the first and second 
degrees, aiding suicide, aiding attempted suicide, felony 
violations of assault in the first, second, third, and fourth 
degrees, terroristic threats, use of drugs to injure or to 
facilitate crime, simple robbery, aggravated robbery, 
kidnapping, false imprisonment, criminal sexual conduct in the 
first, second, third, and fourth degrees, felonious theft, arson 
in the first and second degrees, riot, burglary in the first, 
second, third, and fourth degrees, reckless use of a gun or 
dangerous weapon, intentionally pointing a gun at or towards a 
human being, setting a spring gun, and unlawfully owning, 
possessing, or operating a machine gun, and an attempt to commit 
any of these offenses, as each of those offenses is defined in 
chapter 609.  "Crime of violence" also includes felony 
violations of chapter 152. 
    Sec. 36.  Minnesota Statutes 1990, section 624.713, 
subdivision 2, is amended to read: 
    Subd. 2.  A person named in subdivision 1, clause (a) 
or (b), who possesses a pistol is guilty of a felony.  A person 
named in any other clause of subdivision 1 who possesses a 
pistol is guilty of a gross misdemeanor.  
    Sec. 37.  [SENTENCING GUIDELINES COMMISSION STUDY.] 
    The sentencing guidelines commission shall study sentencing 
practices under Minnesota Statutes, section 152.023, subdivision 
2, clause (1).  In its study, the commission shall review:  (1) 
the proportionality of the statutory penalties for and severity 
level ranking of this crime relative to other controlled 
substance crimes; (2) the characteristics of offenders sentenced 
for committing this crime relative to other controlled substance 
offenders; (3) the sentencing practices of the courts with 
respect to presumptive sentences, sentencing departures, and 
conditions of stayed sentences for this crime; and (4) the harm 
to the community resulting from the commission of this crime 
relative to other controlled substance crimes.  The commission 
may also include any other sentencing policy issues it deems 
relevant to this study.  The commission shall report its 
findings to the judiciary committees of the house of 
representatives and senate by February 15, 1992, and shall 
recommend any changes to the statute or applicable sentencing 
guidelines it believes are necessary or appropriate. 
    Sec. 38.  [CHEMICAL USE ASSESSMENT FUNDING.] 
    The commissioner of human services, in consultation with 
the commissioner of corrections and the state court 
administrator, shall appoint a task force of officials of state 
and local agencies and the judicial branch.  The task force 
shall calculate the additional cost of providing the chemical 
use assessments of convicted felons required by section 26, and 
shall report to the legislature by January 1, 1992, its 
recommendations for funding those assessments. 
    Sec. 39.  [DRUG-IMPAIRED DRIVER STUDY.] 
    The commissioner of public safety shall study expanding 
Minnesota's implied consent law to provide for immediate 
revocation of the driver's license of a driver who tests 
positive for the presence of a controlled substance.  The 
commissioner shall report to the judiciary committees in the 
senate and house of representatives by June 1, 1992.  If the 
commissioner determines that this expansion is feasible, the 
commissioner shall make specific recommendations concerning the 
following: 
    (1) the controlled substances that should be included; 
    (2) for each controlled substance, the threshold amount 
that should trigger license revocation, with due consideration 
of the length of time after use that each controlled substance 
remains detectable, the level of impairment caused by the 
controlled substance at different levels, and the state of 
current testing technology for the controlled substance; 
    (3) the most feasible method of testing drivers for 
controlled substances, including a recommendation for training 
of law enforcement and hospital personnel who will be 
responsible for conducting the testing; and 
    (4) an estimate of the cost to the state and local 
governments. 
    Sec. 40.  [APPROPRIATION.] 
    $145,000 is appropriated from the general fund to the drug 
abuse resistance education advisory council to be used to 
administer the drug abuse resistance education programs.  This 
appropriation is available until June 30, 1993.  
    Sec. 41.  [REPEALERS.] 
    (a) Minnesota Statutes 1990, sections 244.095; and 299A.29, 
subdivisions 2 and 4, are repealed. 
    (b) Minnesota Statutes 1990, section 609.101, subdivision 
3, is repealed effective July 1, 1993. 
    Sec. 42.  [EFFECTIVE DATE.] 
    Sections 1 to 6, 9, 22, 23, 25, and 29 to 36, are effective 
August 1, 1991, and apply to offenses committed on or after that 
date.  Sections 7, 8, 10 to 20, 37 to 39, and 41 are effective 
August 1, 1991.  Sections 21, 27, and 28 are effective August 1, 
1991, and apply to convictions occurring on or after that date.  
Section 24 is effective July 1, 1991, and applies to crimes 
committed on or after that date.  Section 26 is effective July 
1, 1992, and applies to crimes committed on or after that date. 
    Presented to the governor May 29, 1991 
    Became law without the governor's signature June 3, 1991