Office of the Revisor of Statutes
Minnesota Session Laws - 1993, Regular Session
Key: (1) language to be deleted (2) new language
Laws of Minnesota 1993
CHAPTER 326-H.F.No. 1585
An act relating to crime prevention; prohibiting
drive-by shootings, possession of dangerous weapons
and trespassing on school property, negligent storage
of firearms, and reckless discharge of firearms;
regulating the transfer of semiautomatic
military-style assault weapons; prohibiting possession
of a device for converting a firearm to fire at the
rate of a machine gun; prohibiting carrying rifles and
shotguns in public; increasing penalty for repeat
violations of pistol carry permit law; providing for
forfeiture of vehicles used in drive-by shootings and
prostitution; revising and increasing penalties for
stalking, harassment, and domestic abuse offenses;
providing for improved training, investigation and
enforcement of these laws; increasing penalties for
and making revisions to certain controlled substance
offenses; revising wiretap warrant law; providing for
sentence of life without release for first-degree
murder of a peace officer; increasing penalties for
crimes committed by groups; increasing penalties and
improving enforcement of arson and related crimes;
making certain changes to restitution and other crime
victim laws; revising laws relating to law enforcement
agencies, and state and local corrections agencies;
making terminology changes and technical corrections
related to new felony sentencing law; expanding scope
of sex offender registration and DNA specimen
provisions; requiring certain counties to establish
diversion programs; increasing certain surcharges and
fees; expanding community crime reduction grant
programs; appropriating money; amending Minnesota
Statutes 1992, sections 8.16, subdivision 1; 13.87,
subdivision 2; 13.99, by adding a subdivision; 16B.08,
subdivision 7; 144.765; 144A.04, subdivisions 4 and 6;
144A.11, subdivision 3a; 144B.08, subdivision 3;
147.09; 152.021, subdivision 3; 152.022, subdivisions
1 and 3; 152.023, subdivisions 2 and 3; 152.024,
subdivision 3; 152.025, subdivision 3; 152.026;
152.0971, subdivision 3, and by adding subdivisions;
152.0972, subdivision 1; 152.0973, subdivisions 2, 3,
4, and by adding subdivisions; 152.18, subdivision 1;
168.345, by adding a subdivision; 168.346; 169.121,
subdivision 3a; 169.222, subdivision 6, and by adding
a subdivision; 169.64, subdivision 3; 169.98,
subdivision 1a; 171.12, by adding a subdivision;
214.10, by adding subdivisions; 238.16, subdivision 2;
241.09; 241.26, subdivision 5; 241.67, subdivisions 1,
2, and by adding a subdivision; 243.166, subdivisions
1, 2, 3, 4, 6, and by adding subdivisions; 243.18,
subdivision 2, and by adding a subdivision; 243.23,
subdivision 3; 244.01, subdivision 8, and by adding a
subdivision; 244.05, subdivisions 1b, 4, 5, and by
adding a subdivision; 244.065; 244.101; 244.14,
subdivisions 2 and 3; 244.15, subdivision 1; 244.17,
subdivision 3; 244.171, subdivisions 3 and 4; 244.172,
subdivisions 1 and 2; 256.486; 260.185, subdivisions 1
and 1a; 260.193, subdivision 8; 260.251, subdivision
1; 289A.63, by adding a subdivision; 297B.10; 299A.35,
subdivisions 1 and 2; 299C.065, subdivision 1;
299C.46, by adding a subdivision; 299C.54, by adding a
subdivision; 299D.03, subdivision 1; 299D.06; 299F.04,
by adding a subdivision; 299F.811; 299F.815,
subdivision 1; 307.08, subdivision 2; 343.21,
subdivisions 9 and 10; 357.021, subdivision 2; 388.23,
subdivision 1; 390.11, by adding a subdivision;
390.32, by adding a subdivision; 401.02, subdivision
4; 473.386, by adding a subdivision; 480.0591,
subdivision 6; 480.30; 518B.01, subdivisions 2, 3, 6,
7, 9, and 14; 540.18, subdivision 1; 541.15; 609.02,
subdivision 6; 609.0341, subdivision 1; 609.035;
609.06; 609.101, subdivisions 1, 2, 3, 4, and by
adding a subdivision; 609.11; 609.13, by adding a
subdivision; 609.135, subdivisions 1, 1a, and 2;
609.1352, subdivision 1; 609.14, subdivision 1;
609.15, subdivision 2; 609.152, subdivision 1;
609.184, subdivision 2; 609.196; 609.224, subdivision
2, and by adding a subdivision; 609.229, subdivision
3; 609.251; 609.341, subdivisions 10, 17, and 19;
609.344, subdivision 1; 609.345, subdivision 1;
609.346, subdivisions 2, 2b, and 5; 609.3461,
subdivision 2; 609.378, subdivision 1; 609.494;
609.495; 609.505; 609.531; 609.5311, subdivision 3;
609.5312, subdivision 2, and by adding a subdivision;
609.5314, subdivisions 1 and 3; 609.5315, subdivisions
1, 2, 4, and by adding a subdivision; 609.562;
609.563, subdivision 1; 609.576, subdivision 1;
609.582, subdivision 1a; 609.585; 609.605, subdivision
1, and by adding a subdivision; 609.66, subdivision
1a, and by adding subdivisions; 609.67, subdivisions 1
and 2; 609.686; 609.71; 609.713, subdivision 1;
609.748, subdivisions 1, 2, 3, 5, 6, 8, and by adding
subdivisions; 609.79, subdivision 1; 609.795,
subdivision 1; 609.856, subdivision 1; 609.891,
subdivision 2; 609.902, subdivision 4; 611A.02,
subdivision 2; 611A.031; 611A.0315; 611A.04,
subdivisions 1, 1a, and 3; 611A.06, subdivision 1;
611A.52, subdivisions 5, 8, and 9; 611A.57,
subdivisions 2, 3, and 5; 611A.66; 611A.71,
subdivisions 1, 2, 3, and 7; 624.711; 624.712,
subdivisions 5, 6, and by adding subdivisions;
624.713; 624.7131, subdivisions 1, 4, and 10;
624.7132; 624.714, subdivision 1; 626.05, subdivision
2; 626.13; 626.556, subdivision 10; 626.8451,
subdivision 1a; 626A.05, subdivision 1; 626A.06,
subdivisions 4, 5, and 6; 626A.10, subdivision 1;
626A.11, subdivision 1; 628.26; 629.291, subdivision
1; 629.34, subdivision 1; 629.341, subdivision 1;
629.342, subdivision 2; 629.72; 631.046, subdivision
1; 631.41; and 641.14; Laws 1991, chapter 279, section
41; Laws 1992, chapter 571, articles 7, section 13,
subdivision 1; and 16, section 4; proposing coding for
new law in Minnesota Statutes, chapters 121; 169; 174;
242; 254A; 260; 401; 471; 473; 609; 611A; and 624;
repealing Minnesota Statutes 1992, sections 214.10,
subdivisions 4, 5, 6, and 7; 241.25; 241.67,
subdivision 5; 241.671; 243.165; 299A.325; 609.02,
subdivisions 12 and 13; 609.131, subdivision 1a;
609.605, subdivision 3; 609.746, subdivisions 2 and 3;
609.747; 609.79, subdivision 1a; 609.795, subdivision
2; 611A.57, subdivision 1; and 629.40, subdivision 5.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
SAFE STREETS AND SCHOOLS
Section 1. [121.207] [REPORTS OF DANGEROUS WEAPON
INCIDENTS IN SCHOOL ZONES.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "dangerous weapon" has the meaning given it in section
609.02, subdivision 6;
(2) "school" has the meaning given it in section 120.101,
subdivision 4; and
(3) "school zone" has the meaning given it in section
152.01, subdivision 14a, clauses (1) and (3).
Subd. 2. [REPORTS; CONTENT.] On or before January 1, 1994,
the commissioner of education, in consultation with the criminal
and juvenile information policy group, shall develop a
standardized form to be used by schools to report incidents
involving the use or possession of a dangerous weapon in school
zones. The form shall include the following information:
(1) a description of each incident, including a description
of the dangerous weapon involved in the incident;
(2) where, at what time, and under what circumstances the
incident occurred;
(3) information about the offender, other than the
offender's name, including the offender's age; whether the
offender was a student and, if so, where the offender attended
school; and whether the offender was under school expulsion or
suspension at the time of the incident;
(4) information about the victim other than the victim's
name, if any, including the victim's age; whether the victim was
a student and, if so, where the victim attended school; and if
the victim was not a student, whether the victim was employed at
the school;
(5) the cost of the incident to the school and to the
victim; and
(6) the action taken by the school administration to
respond to the incident.
Subd. 3. [REPORTS; FILING REQUIREMENTS.] By February 1 and
July 1 of each year, each school shall report incidents
involving the use or possession of a dangerous weapon in school
zones to the commissioner of education. The reports shall be
made on the standardized forms developed by the commissioner
under subdivision 2. The commissioner shall compile the
information it receives from the schools and report it annually
to the commissioner of public safety, the criminal and juvenile
information policy group, and the legislature.
Sec. 2. Minnesota Statutes 1992, section 260.185,
subdivision 1a, is amended to read:
Subd. 1a. [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] If
the child is petitioned and found delinquent by the court, and
the court also finds that the child was in possession of a
firearm at the time of the offense, in addition to any other
disposition the court shall order that the firearm be
immediately seized and shall order that the child be required to
serve at least 100 hours of community work service unless the
child is placed in a residential treatment program or a juvenile
correctional facility. If the child is petitioned and found
delinquent by the court, and the court finds that the child was
in possession of a dangerous weapon in a school zone, as defined
in section 152.01, subdivision 14a, clauses (1) and (3), at the
time of the offense, the court also shall order that the child's
driver's license be canceled or driving privileges denied until
the child's 18th birthday. The court shall send a copy of its
order to the commissioner of public safety and, upon receipt of
the order, the commissioner is authorized to cancel the child's
driver's license or deny the child's driving privileges without
a hearing.
Sec. 3. [471.635] [ZONING ORDINANCES.]
Notwithstanding section 471.633, a governmental subdivision
may regulate by reasonable, nondiscriminatory, and nonarbitrary
zoning ordinances, the location of businesses where firearms are
sold by a firearms dealer.
Sec. 4. Minnesota Statutes 1992, section 609.06, is
amended to read:
609.06 [AUTHORIZED USE OF FORCE.]
Reasonable force may be used upon or toward the person of
another without the other's consent when the following
circumstances exist or the actor reasonably believes them to
exist:
(1) When used by a public officer or one assisting a public
officer under the public officer's direction:
(a) In effecting a lawful arrest; or
(b) In the execution of legal process; or
(c) In enforcing an order of the court; or
(d) In executing any other duty imposed upon the public
officer by law; or
(2) When used by a person not a public officer in arresting
another in the cases and in the manner provided by law and
delivering the other to an officer competent to receive the
other into custody; or
(3) When used by any person in resisting or aiding another
to resist an offense against the person; or
(4) When used by any person in lawful possession of real or
personal property, or by another assisting the person in lawful
possession, in resisting a trespass upon or other unlawful
interference with such property; or
(5) When used by any person to prevent the escape, or to
retake following the escape, of a person lawfully held on a
charge or conviction of a crime; or
(6) When used by a parent, guardian, teacher or other
lawful custodian of a child or pupil, in the exercise of lawful
authority, to restrain or correct such child or pupil; or
(7) When used by a school employee or school bus driver, in
the exercise of lawful authority, to restrain a child or pupil,
or to prevent bodily harm or death to another; or
(8) When used by a common carrier in expelling a passenger
who refuses to obey a lawful requirement for the conduct of
passengers and reasonable care is exercised with regard to the
passenger's personal safety; or
(8) (9) When used to restrain a mentally ill or mentally
defective person from self-injury or injury to another or when
used by one with authority to do so to compel compliance with
reasonable requirements for the person's control, conduct or
treatment; or
(9) (10) When used by a public or private institution
providing custody or treatment against one lawfully committed to
it to compel compliance with reasonable requirements for the
control, conduct or treatment of the committed person.
Sec. 5. Minnesota Statutes 1992, section 609.531, is
amended to read:
609.531 [FORFEITURES.]
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5317 609.5318, 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, the department of natural resources division of
enforcement, the University of Minnesota police department, 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; 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; 609.66, subdivision 1e; 609.671,
subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825;
609.86; 609.88; 609.89; 609.893; 617.246; or a gross misdemeanor
or felony violation of section 609.891 or 624.7181.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
Subd. 1a. [CONSTRUCTION.] Sections 609.531 to 609.5317
609.5318 must be liberally construed to carry out the following
remedial purposes:
(1) to enforce the law;
(2) to deter crime;
(3) to reduce the economic incentive to engage in criminal
enterprise;
(4) to increase the pecuniary loss resulting from the
detection of criminal activity; and
(5) to forfeit property unlawfully used or acquired and
divert the property to law enforcement purposes.
Subd. 4. [SEIZURE.] Property subject to forfeiture under
sections 609.531 to 609.5317 609.5318 may be seized by the
appropriate agency upon process issued by any court having
jurisdiction over the property. Property may be seized without
process if:
(1) the seizure is incident to a lawful arrest or a lawful
search;
(2) the property subject to seizure has been the subject of
a prior judgment in favor of the state in a criminal injunction
or forfeiture proceeding under this chapter; or
(3) the appropriate agency has probable cause to believe
that the delay occasioned by the necessity to obtain process
would result in the removal or destruction of the property and
that:
(i) the property was used or is intended to be used in
commission of a felony; or
(ii) the property is dangerous to health or safety.
If property is seized without process under clause (3),
subclause (i), the county attorney must institute a forfeiture
action under section 609.5313 as soon as is reasonably possible.
Subd. 5. [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY
OF SEIZED PROPERTY.] All right, title, and interest in property
subject to forfeiture under sections 609.531 to 609.5317
609.5318 vests in the appropriate agency upon commission of the
act or omission giving rise to the forfeiture. Any property
seized under sections 609.531 to 609.5316 609.5318 is not
subject to replevin, but is deemed to be in the custody of the
appropriate agency subject to the orders and decrees of the
court having jurisdiction over the forfeiture proceedings. When
property is so seized, the appropriate agency may:
(1) place the property under seal;
(2) remove the property to a place designated by it;
(3) in the case of controlled substances, require the state
board of pharmacy to take custody of the property and remove it
to an appropriate location for disposition in accordance with
law; and
(4) take other steps reasonable and necessary to secure the
property and prevent waste.
Subd. 5a. [BOND BY OWNER FOR POSSESSION.] If the owner of
property that has been seized under sections 609.531 to 609.5317
609.5318 seeks possession of the property before the forfeiture
action is determined, the owner may, subject to the approval of
the appropriate agency, give security or post bond payable to
the appropriate agency in an amount equal to the retail value of
the seized property. On posting the security or bond, the
seized property must be returned to the owner and the forfeiture
action shall proceed against the security as if it were the
seized property. This subdivision does not apply to contraband
property.
Subd. 6a. [FORFEITURE A CIVIL PROCEDURE; CONVICTION
RESULTS IN PRESUMPTION.] (a) An action for forfeiture is a civil
in rem action and is independent of any criminal prosecution,
except as provided in this subdivision and section 609.5318.
The appropriate agency handling the forfeiture has the benefit
of the evidentiary presumption of section 609.5314, subdivision
1, but otherwise bears the burden of proving the act or omission
giving rise to the forfeiture by clear and convincing evidence,
except that in cases arising under section 609.5312, the
designated offense may only be established by a felony level
criminal conviction.
(b) A court may not issue an order of forfeiture under
section 609.5311 while the alleged owner of the property is in
custody and related criminal proceedings are pending against the
alleged owner. For forfeiture of a motor vehicle, the alleged
owner is the registered owner according to records of the
department of public safety. For real property, the alleged
owner is the owner of record. For other property, the alleged
owner is the person notified by the prosecuting authority in
filing the forfeiture action.
Sec. 6. Minnesota Statutes 1992, 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 $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 or
contraband is $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: (1) if the owner or secured party took reasonable
steps to terminate use of the property by the offender; or (2)
the property is real property owned by the parent of the
offender, unless the parent actively participated in, or
knowingly acquiesced to, a violation of chapter 152, or the real
property constitutes proceeds derived from or traceable to a use
described in subdivision 2.
Sec. 7. Minnesota Statutes 1992, section 609.5312,
subdivision 2, is amended to read:
Subd. 2. [LIMITATIONS ON FORFEITURE OF PROPERTY ASSOCIATED
WITH DESIGNATED OFFENSES.] (a) Property used by a person as a
common carrier in the transaction of business as a common
carrier is subject to forfeiture under this section only if the
owner of the property is a consenting party to, or is privy to,
the commission of a designated offense.
(b) Property is subject to forfeiture under this
subdivision section only if the owner was privy to the act or
omission upon which the forfeiture is based, or the act or
omission occurred with the owner's knowledge or consent.
(c) Property encumbered by a bona fide security interest is
subject to the interest of the secured party unless the party
had knowledge of or consented to the act or omission upon which
the forfeiture is based. A person claiming a security interest
bears the burden of establishing that interest by clear and
convincing evidence.
(d) Notwithstanding paragraphs (b) and (c), property is not
subject to forfeiture based solely on the owner's or secured
party's knowledge of the act or omission upon which the
forfeiture is based if the owner or secured party took
reasonable steps to terminate use of the property by the
offender.
Sec. 8. Minnesota Statutes 1992, 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 $100 or more if possession or sale of the
controlled substance would be a felony under chapter 152; and
(3) all firearms, ammunition, and firearm accessories found:
(i) in a conveyance device used or intended for use to
commit or facilitate the commission of a felony offense
involving a controlled substance;
(ii) on or in proximity to a person from whom a felony
amount of controlled substance is seized; or
(iii) on the premises where a controlled substance is
seized and in proximity to the controlled substance, 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. 9. Minnesota Statutes 1992, section 609.5314,
subdivision 3, is amended to read:
Subd. 3. [JUDICIAL DETERMINATION.] (a) Within 60 days
following service of a notice of seizure and forfeiture under
this section, a claimant may file a demand for a judicial
determination of the forfeiture. The demand must be in the form
of a civil complaint and must be filed with the court
administrator in the county in which the seizure occurred,
together with proof of service of a copy of the complaint on the
county attorney for that county, and the standard filing fee for
civil actions unless the petitioner has the right to sue in
forma pauperis under section 563.01. If the value of the seized
property is less than $500, the claimant may file an action in
conciliation court for recovery of the seized property without
paying the conciliation court filing fee. No responsive
pleading is required of the county attorney and no court fees
may be charged for the county attorney's appearance in the
matter. The proceedings are governed by the rules of civil
procedure.
(b) The complaint must be captioned in the name of the
claimant as plaintiff, and the seized property as defendant, and
must state with specificity the grounds on which the claimant
alleges the property was improperly seized and stating the
plaintiff's interest in the property seized. Notwithstanding
any law to the contrary, an action for the return of property
seized under this section may not be maintained by or on behalf
of any person who has been served with a notice of seizure and
forfeiture unless the person has complied with this subdivision.
(c) If the claimant makes a timely demand for judicial
determination under this subdivision, the appropriate agency
must conduct the forfeiture under section 609.531, subdivision
6a.
(d) If a demand for judicial determination of an
administrative forfeiture is filed under this subdivision and
the court orders the return of the seized property, the court
shall order that filing fees be reimbursed to the person who
filed the demand. In addition, the court may order the payment
of reasonable costs, expenses, and attorney fees under section
549.21, subdivision 2. If the court orders payment of these
costs, they must be paid from forfeited money or proceeds from
the sale of forfeited property from the appropriate law
enforcement and prosecuting agencies in the same proportion as
they would be distributed under section 609.5315, subdivision 5.
Sec. 10. Minnesota Statutes 1992, section 609.5315,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSITION.] If the court finds under
section 609.5313, or 609.5314, or 609.5318 that the property is
subject to forfeiture, it 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. 11. Minnesota Statutes 1992, section 609.5315,
subdivision 2, is amended to read:
Subd. 2. [DISPOSITION OF ADMINISTRATIVELY FORFEITED
PROPERTY.] If property is forfeited administratively under
section 609.5314 or 609.5318 and no demand for judicial
determination is made, the appropriate agency may dispose of the
property in any of the ways listed in subdivision 1.
Sec. 12. Minnesota Statutes 1992, section 609.5315,
subdivision 4, is amended to read:
Subd. 4. [DISTRIBUTION OF PROCEEDS OF THE OFFENSE.]
Property that consists of proceeds derived from or traced to the
commission of a designated offense or a violation of section
609.66, subdivision 1e, must be applied first to payment of
seizure, storage, forfeiture, and sale expenses, and to satisfy
valid liens against the property; and second, to any
court-ordered restitution before being disbursed as provided
under subdivision 5.
Sec. 13. [609.5318] [FORFEITURE OF VEHICLES USED IN
DRIVE-BY SHOOTINGS.]
Subdivision 1. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A
motor vehicle is subject to forfeiture under this section if the
prosecutor establishes by clear and convincing evidence that the
vehicle was used in a violation of section 609.66, subdivision
1e. The prosecutor need not establish that any individual was
convicted of the violation, but a conviction of the owner for a
violation of section 609.66, subdivision 1e, creates a
presumption that the device was used in the violation.
Subd. 2. [NOTICE.] The registered owner of the vehicle
must be notified of the seizure and intent to forfeit the
vehicle within seven days after the seizure. Notice by
certified mail to the address shown in department of public
safety records is deemed to be sufficient notice to the
registered owner. Notice must be given in the manner required
by section 609.5314, subdivision 2, paragraph (b), and must
specify that a request for a judicial determination of the
forfeiture must be made within 60 days following the service of
the notice. If related criminal proceedings are pending, the
notice must also state that a request for a judicial
determination of the forfeiture must be made within 60 days
following the conclusion of those proceedings.
Subd. 3. [HEARING] (a) Within 60 days following service of
a notice of seizure and forfeiture, a claimant may demand a
judicial determination of the forfeiture. If a related criminal
proceeding is pending, the 60-day period begins to run at the
conclusion of those proceedings. The demand must be in the form
of a civil complaint as provided in section 609.5314,
subdivision 3, except as otherwise provided in this section.
(b) If the claimant makes a timely demand for judicial
determination under this subdivision, the appropriate agency
must conduct the forfeiture under subdivision 4.
Subd. 4. [PROCEDURE.] (a) If a judicial determination of
the forfeiture is requested, a separate complaint must be filed
against the vehicle, stating the specific act giving rise to the
forfeiture and the date, time, and place of the act. The action
must be captioned in the name of the county attorney or the
county attorney's designee as plaintiff and the property as
defendant.
(b) If a demand for judicial determination of an
administrative forfeiture is filed and the court orders the
return of the seized property, the court shall order that filing
fees be reimbursed to the person who filed the demand. In
addition, the court may order the payment of reasonable costs,
expenses, attorney fees, and towing and storage fees. If the
court orders payment of these costs, they must be paid from
forfeited money or proceeds from the sale of forfeited property
from the appropriate law enforcement and prosecuting agencies in
the same proportion as they would be distributed under section
609.5315, subdivision 5.
Subd. 5. [LIMITATIONS.] (a) A vehicle used by a person as
a common carrier in the transaction of business as a common
carrier is subject to forfeiture under this section only if the
owner is a consenting party to, or is privy to, the commission
of the act giving rise to the forfeiture.
(b) A vehicle is subject to forfeiture under this section
only if the registered owner was privy to the act upon which the
forfeiture is based, the act occurred with the owner's knowledge
or consent, or the act occurred due to the owner's gross
negligence in allowing another to use the vehicle.
(c) A vehicle encumbered by a bona fide security interest
is subject to the interest of the secured party unless the party
had knowledge of or consented to the act upon which the
forfeiture is based. A person claiming a security interest
bears the burden of establishing that interest by clear and
convincing evidence.
Sec. 14. Minnesota Statutes 1992, section 609.605, is
amended by adding a subdivision to read:
Subd. 4. [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a
misdemeanor for a person to enter or be found in a public or
nonpublic elementary, middle, or secondary school building
unless the person:
(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;
(2) has permission or an invitation from a school official
to be in the building;
(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or
(4) has reported the person's presence in the school
building in the manner required for visitors to the school.
(b) It is a misdemeanor for a person to enter or be found
on school property within six months after being told by the
school principal or the principal's designee to leave the
property and not to return, unless the principal or the
principal's designee has given the person permission to return
to the property. As used in this paragraph, "school property"
has the meaning given in section 152.01, subdivision 14a,
clauses (1) and (3).
(c) A school principal or a school employee designated by
the school principal to maintain order on school property, who
has reasonable cause to believe that a person is violating this
subdivision may detain the person in a reasonable manner for a
reasonable period of time pending the arrival of a peace
officer. A school principal or designated school employee is
not civilly or criminally liable for any action authorized under
this paragraph if the person's action is based on reasonable
cause.
(d) A peace officer may arrest a person without a warrant
if the officer has probable cause to believe the person violated
this subdivision within the preceding four hours. The arrest
may be made even though the violation did not occur in the peace
officer's presence.
Sec. 15. Minnesota Statutes 1992, section 609.66,
subdivision 1a, is amended to read:
Subd. 1a. [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS
DISCHARGE.] (a) Whoever does any of the following is guilty of a
felony and may be sentenced 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) intentionally discharges a firearm under circumstances
that endanger the safety of another; or
(3) recklessly discharges a firearm within a municipality.
(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.
Sec. 16. Minnesota Statutes 1992, section 609.66, is
amended by adding a subdivision to read:
Subd. 1d. [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a)
Whoever possesses, stores, or keeps a dangerous weapon as
defined in section 609.02, subdivision 6, on school property 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.
(b) As used in this subdivision, "school property" means:
(1) a public or private elementary, middle, or secondary
school building and its grounds, whether leased or owned by the
school; and
(2) the area within a school bus when that bus is being
used to transport one or more elementary, middle, or secondary
school students.
(c) This subdivision does not apply to:
(1) licensed peace officers, military personnel, or
students participating in military training, who are performing
official duties;
(2) persons who carry pistols according to the terms of a
permit;
(3) persons who keep or store in a motor vehicle pistols in
accordance with sections 624.714 and 624.715 or other firearms
in accordance with section 97B.045;
(4) firearm safety or marksmanship courses or activities
conducted on school property;
(5) possession of dangerous weapons by a ceremonial color
guard;
(6) a gun or knife show held on school property; or
(7) possession of dangerous weapons with written permission
of the principal.
Sec. 17. Minnesota Statutes 1992, section 609.66, is
amended by adding a subdivision to read:
Subd. 1e. [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while
in or having just exited from a motor vehicle, recklessly
discharges a firearm at or toward a person, another motor
vehicle, or a building 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 $6,000, or both. If the
vehicle or building is occupied, the person 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) For purposes of this subdivision, "motor vehicle" has
the meaning given in section 609.52, subdivision 1, and
"building" has the meaning given in section 609.581, subdivision
2.
Sec. 18. [609.666] [NEGLIGENT STORAGE OF FIREARMS.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following words have the meanings given.
(a) "Firearm" means a device designed to be used as a
weapon, from which is expelled a projectile by the force of any
explosion or force of combustion.
(b) "Child" means a person under the age of 14 years.
(c) "Loaded" means the firearm has ammunition in the
chamber or magazine, if the magazine is in the firearm, unless
the firearm is incapable of being fired by a child who is likely
to gain access to the firearm.
Subd. 2. [ACCESS TO FIREARMS.] A person is guilty of a
gross misdemeanor who negligently stores or leaves a loaded
firearm in a location where the person knows, or reasonably
should know, that a child is likely to gain access, unless
reasonable action is taken to secure the firearm against access
by the child.
Subd. 3. [LIMITATIONS.] Subdivision 2 does not apply to a
child's access to firearms that was obtained as a result of an
unlawful entry.
Sec. 19. Minnesota Statutes 1992, section 609.67,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION DEFINITIONS.] (a) "Machine gun"
means any firearm designed to discharge, or capable of
discharging automatically more than once by a single function of
the trigger.
(b) "Shotgun" means a weapon designed, redesigned, made or
remade which is intended to be fired from the shoulder and uses
the energy of the explosive in a fixed shotgun shell to fire
through a smooth bore either a number of ball shot or a single
projectile for each single pull of the trigger.
(c) "Short-barreled shotgun" means a shotgun having one or
more barrels less than 18 inches in length and any weapon made
from a shotgun if such weapon as modified has an overall length
less than 26 inches.
(d) "Trigger activator" means a removable manual or power
driven trigger activating device constructed and designed so
that, when attached to a firearm, the rate at which the trigger
may be pulled increases and the rate of fire of the firearm
increases to that of a machine gun.
(e) "Machine gun conversion kit" means any part or
combination of parts designed and intended for use in converting
a weapon into a machine gun, and any combination of parts from
which a machine gun can be assembled, but does not include a
spare or replacement part for a machine gun that is possessed
lawfully under section 609.67, subdivision 1.
Sec. 20. Minnesota Statutes 1992, section 609.67,
subdivision 2, is amended to read:
Subd. 2. [ACTS PROHIBITED.] Except as otherwise provided
herein, whoever owns, possesses, or operates a machine gun, any
trigger activator or machine gun conversion kit, or a
short-barreled shotgun 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.
Sec. 21. [609.672] [PERMISSIVE INFERENCE; FIREARMS IN
AUTOMOBILES.]
The presence of a firearm in a passenger automobile permits
the factfinder to infer knowing possession of the firearm by the
driver or person in control of the automobile when the firearm
was in the automobile. The inference does not apply:
(1) to a 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 firearm; or
(3) when the firearm is concealed on the person of one of
the occupants.
Sec. 22. Minnesota Statutes 1992, section 624.711, is
amended to read:
624.711 [DECLARATION OF POLICY.]
It is not the intent of the legislature to regulate
shotguns, rifles and other longguns of the type commonly used
for hunting and not defined as pistols or semiautomatic
military-style assault weapons, or to place costs of
administration upon those citizens who wish to possess or carry
pistols or semiautomatic military-style assault weapons
lawfully, or to confiscate or otherwise restrict the use of
pistols or semiautomatic military-style assault weapons by
law-abiding citizens.
Sec. 23. Minnesota Statutes 1992, 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 of a
firearm, 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 or short-barreled
shotgun, 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. 24. Minnesota Statutes 1992, section 624.712,
subdivision 6, is amended to read:
Subd. 6. "Transfer" means a sale, gift, loan, assignment
or other delivery to another, whether or not for consideration,
of a pistol or semiautomatic military-style assault weapon or
the frame or receiver of a pistol or semiautomatic
military-style assault weapon.
Sec. 25. Minnesota Statutes 1992, section 624.712, is
amended by adding a subdivision to read:
Subd. 7. "Semiautomatic military-style assault weapon"
means:
(1) any of the following firearms:
(i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type;
(ii) Beretta AR-70 and BM-59 semiautomatic rifle types;
(iii) Colt AR-15 semiautomatic rifle type;
(iv) Daewoo Max-1 and Max-2 semiautomatic rifle types;
(v) Famas MAS semiautomatic rifle type;
(vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic
rifle types;
(vii) Galil semiautomatic rifle type;
(viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic
rifle types;
(ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and
carbine types;
(x) Intratec TEC-9 semiautomatic pistol type;
(xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle
types;
(xii) SKS with detachable magazine semiautomatic rifle
type;
(xiii) Steyr AUG semiautomatic rifle type;
(xiv) Street Sweeper and Striker-12 revolving-cylinder
shotgun types;
(xv) USAS-12 semiautomatic shotgun type;
(xvi) Uzi semiautomatic pistol and carbine types; or
(xvii) Valmet M76 and M78 semiautomatic rifle types;
(2) any firearm that is another model made by the same
manufacturer as one of the firearms listed in clause (1), and
has the same action design as one of the listed firearms, and is
a redesigned, renamed, or renumbered version of one of the
firearms listed in clause (1), or has a slight modification or
enhancement, including but not limited to a folding or
retractable stock; adjustable sight; case deflector for
left-handed shooters; shorter barrel; wooden, plastic, or metal
stock; larger clip size; different caliber; or a bayonet mount;
and
(3) any firearm that has been manufactured or sold by
another company under a licensing agreement with a manufacturer
of one of the firearms listed in clause (1) entered into after
the effective date of this act to manufacture or sell firearms
that are identical or nearly identical to those listed in clause
(1), or described in clause (2), regardless of the company of
production or country of origin.
The weapons listed in clause (1), except those listed in
items (iii), (ix), (x), (xiv), and (xv), are the weapons the
importation of which was barred by the Bureau of Alcohol,
Tobacco, and Firearms of the United States Department of the
Treasury in July 1989.
Except as otherwise specifically provided in paragraph (d),
a firearm is not a "semiautomatic military-style assault weapon"
if it is generally recognized as particularly suitable for or
readily adaptable to sporting purposes under United States Code,
title 18, section 925, paragraph (d)(3), or any regulations
adopted pursuant to that law.
Sec. 26. Minnesota Statutes 1992, section 624.712, is
amended by adding a subdivision to read:
Subd. 8. [INCLUDED WEAPONS.] By August 1, 1993, and
annually thereafter, the superintendent of the bureau of
criminal apprehension shall publish a current authoritative list
of the firearms included within the definition of "semiautomatic
military-style assault weapon" under this section. Dealers,
purchasers, and other persons may rely on the list in complying
with this chapter.
Sec. 27. Minnesota Statutes 1992, section 624.713, is
amended to read:
624.713 [CERTAIN PERSONS NOT TO HAVE PISTOLS OR
SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS; PENALTY.]
Subdivision 1. [INELIGIBLE PERSONS.] The following persons
shall not be entitled to possess a pistol or semiautomatic
military-style assault weapon:
(a) a person under the age of 18 years except that a person
under 18 may carry or possess a pistol or semiautomatic
military-style assault weapon (i) in the actual presence or
under the direct supervision of the person's parent or guardian,
(ii) for the purpose of military drill under the auspices of a
legally recognized military organization and under competent
supervision, (iii) for the purpose of instruction, competition,
or target practice on a firing range approved by the chief of
police or county sheriff in whose jurisdiction the range is
located and under direct supervision; or (iv) if the person has
successfully completed a course designed to teach marksmanship
and safety with a pistol or semiautomatic military-style assault
weapon and approved by the commissioner of natural resources;
(b) a person who has been convicted in this state or
elsewhere of a crime of violence unless ten years have elapsed
since the person has been restored to civil rights or the
sentence has expired, whichever occurs first, and during that
time the person has not been convicted of any other crime of
violence. For purposes of this section, crime of violence
includes crimes in other states or jurisdictions which would
have been crimes of violence as herein defined if they had been
committed in this state;
(c) a person who is or has ever been confined or committed
in Minnesota or elsewhere as a "mentally ill," "mentally
retarded," or "mentally ill and dangerous to the public" person
as defined in section 253B.02, to a treatment facility, unless
the person possesses a certificate of a medical doctor or
psychiatrist licensed in Minnesota, or other satisfactory proof
that the person is no longer suffering from this disability;
(d) a person who has been convicted in Minnesota or
elsewhere for the unlawful use, possession, or sale of a
controlled substance other than conviction for possession of a
small amount of marijuana, as defined in section 152.01,
subdivision 16 of a misdemeanor or gross misdemeanor violation
of chapter 152, or a person who is or has ever been hospitalized
or committed for treatment for the habitual use of a controlled
substance or marijuana, as defined in sections 152.01 and
152.02, unless the person possesses a certificate of a medical
doctor or psychiatrist licensed in Minnesota, or other
satisfactory proof, that the person has not abused a controlled
substance or marijuana during the previous two years;
(e) a person who has been confined or committed to a
treatment facility in Minnesota or elsewhere as "chemically
dependent" as defined in section 253B.02, unless the person has
completed treatment. Property rights may not be abated but
access may be restricted by the courts; or
(f) a peace officer who is informally admitted to a
treatment facility pursuant to section 253B.04 for chemical
dependency, unless the officer possesses a certificate from the
head of the treatment facility discharging or provisionally
discharging the officer from the treatment facility. Property
rights may not be abated but access may be restricted by the
courts;
(g) a person who has been charged with committing a crime
of violence and has been placed in a pretrial diversion program
by the court before disposition, until the person has completed
the diversion program and the charge of committing the crime of
violence has been dismissed; or
(h) a person who has been convicted in another state of
committing an offense similar to the offense described in
section 609.224 against a family or household member, unless
three years have elapsed since the date of conviction and,
during that time, the person has not been convicted of any other
violation of section 609.224 or a similar law of another state.
A person who issues a certificate pursuant to this
subdivision in good faith is not liable for damages resulting or
arising from the actions or misconduct with a firearm committed
by the individual who is the subject of the certificate.
Subd. 2. [PENALTIES.] A person named in subdivision 1,
clause (a) or (b), who possesses a pistol or semiautomatic
military-style assault weapon is guilty of a felony. A person
named in any other clause of subdivision 1 who possesses a
pistol or semiautomatic military-style assault weapon is guilty
of a gross misdemeanor.
Subd. 3. [NOTICE TO CONVICTED PERSONS.] (a) When a person
is convicted of a crime of violence as defined in section
624.712, subdivision 5, the court shall inform the defendant
that the defendant is prohibited from possessing a pistol or
semiautomatic military-style assault weapon for a period of ten
years after the person was restored to civil rights or since the
sentence has expired, whichever occurs first, and that it is a
felony offense to violate this prohibition. The failure of the
court to provide this information to a defendant does not affect
the applicability of the pistol or semiautomatic military-style
assault weapon possession prohibition or the felony penalty to
that defendant.
(b) When a person is charged with committing a crime of
violence and is placed in a pretrial diversion program by the
court before disposition, the court shall inform the defendant
that: (1) the defendant is prohibited from possessing a pistol
or semiautomatic military-style assault weapon until the person
has completed the diversion program and the charge of committing
a crime of violence has been dismissed; (2) it is a gross
misdemeanor offense to violate this prohibition; and (3) if the
defendant violates this condition of participation in the
diversion program, the charge of committing a crime of violence
may be prosecuted. The failure of the court to provide this
information to a defendant does not affect the applicability of
the pistol or semiautomatic military-style assault weapon
possession prohibition or the gross misdemeanor penalty to that
defendant.
Sec. 28. Minnesota Statutes 1992, section 624.7131,
subdivision 1, is amended to read:
Subdivision 1. [INFORMATION.] Any person may apply for
a pistol transferee permit by providing the following
information in writing to the chief of police of an organized
full time police department of the municipality in which the
person resides or to the county sheriff if there is no such
local chief of police:
(a) the name, residence, telephone number and driver's
license number or nonqualification certificate number, if any,
of the proposed transferee;
(b) the sex, date of birth, height, weight and color of
eyes, and distinguishing physical characteristics, if any, of
the proposed transferee; and
(c) a statement by the proposed transferee that the
proposed transferee is not prohibited by section 624.713 from
possessing a pistol or semiautomatic military-style assault
weapon.
The statement shall be signed by the person applying for a
permit. At the time of application, the local police authority
shall provide the applicant with a dated receipt for the
application.
Sec. 29. Minnesota Statutes 1992, section 624.7131,
subdivision 4, is amended to read:
Subd. 4. [GROUNDS FOR DISQUALIFICATION.] A determination
by the chief of police or sheriff that the applicant is
prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon shall be the only
basis for refusal to grant a transferee permit.
Sec. 30. Minnesota Statutes 1992, section 624.7131,
subdivision 10, is amended to read:
Subd. 10. [TRANSFER REPORT NOT REQUIRED.] A person who
transfers a pistol or semiautomatic military-style assault
weapon to a licensed peace officer, as defined in section
626.84, subdivision 1, exhibiting a valid peace officer
identification, or to a person exhibiting a valid transferee
permit issued pursuant to this section or a valid permit to
carry issued pursuant to section 624.714 is not required to file
a transfer report pursuant to section 624.7132, subdivision 1.
Sec. 31. Minnesota Statutes 1992, section 624.7132, is
amended to read:
624.7132 [REPORT OF TRANSFER.]
Subdivision 1. [REQUIRED INFORMATION.] Except as provided
in this section and section 624.7131, every person who agrees to
transfer a pistol or semiautomatic military-style assault weapon
shall report the following information in writing to the chief
of police of the organized full-time police department of the
municipality where the agreement is made or to the appropriate
county sheriff if there is no such local chief of police:
(a) the name, residence, telephone number and driver's
license number or nonqualification certificate number, if any,
of the proposed transferee;
(b) the sex, date of birth, height, weight and color of
eyes, and distinguishing physical characteristics, if any, of
the proposed transferee;
(c) a statement by the proposed transferee that the
transferee is not prohibited by section 624.713 from possessing
a pistol or semiautomatic military-style assault weapon; and
(d) the address of the place of business of the transferor.
The report shall be signed by the transferor and the
proposed transferee. The report shall be delivered by the
transferor to the chief of police or sheriff no later than three
days after the date of the agreement to transfer, excluding
weekends and legal holidays.
Subd. 2. [INVESTIGATION.] Upon receipt of a transfer
report, the chief of police or sheriff shall check criminal
histories, records and warrant information relating to the
proposed transferee through the Minnesota crime information
system.
Subd. 3. [NOTIFICATION.] The chief of police or sheriff
shall notify the transferor and proposed transferee in writing
as soon as possible if the chief or sheriff determines that the
proposed transferee is prohibited by section 624.713 from
possessing a pistol or semiautomatic military-style assault
weapon. The notification to the transferee shall specify the
grounds for the disqualification of the proposed transferee and
shall set forth in detail the transferee's right of appeal under
subdivision 13.
Subd. 4. [DELIVERY.] Except as otherwise provided in
subdivision 7 or 8, no person shall deliver a pistol or
semiautomatic military-style assault weapon to a proposed
transferee until seven days after the date of the agreement to
transfer as stated on the report delivered to a chief of police
or sheriff in accordance with subdivision 1 unless the chief of
police or sheriff waives all or a portion of the seven day
waiting period.
No person shall deliver a pistol or semiautomatic
military-style assault weapon to a proposed transferee after
receiving a written notification that the chief of police or
sheriff has determined that the proposed transferee is
prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon.
If the transferor makes a report of transfer and receives
no written notification of disqualification of the proposed
transferee within seven days of the date of the agreement to
transfer, the pistol or semiautomatic military-style assault
weapon may be delivered to the transferee.
Subd. 5. [GROUNDS FOR DISQUALIFICATION.] A determination
by the chief of police or sheriff that the proposed transferee
is prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon shall be the sole
basis for a notification of disqualification under this section.
Subd. 6. [TRANSFEREE PERMIT.] If a chief of police or
sheriff determines that a transferee is not a person prohibited
by section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon, the transferee may, within 30
days after the determination, apply to that chief of police or
sheriff for a transferee permit, and the permit shall be issued.
Subd. 7. [IMMEDIATE TRANSFERS.] The chief of police or
sheriff may waive all or a portion of the seven day waiting
period for a transfer.
Subd. 8. [REPORT NOT REQUIRED.] (1) If the proposed
transferee presents a valid transferee permit issued under
section 624.714, subdivision 9 624.7131 or a valid permit to
carry issued under section 624.714, or if the transferee is a
licensed peace officer, as defined in section 626.84,
subdivision 1, who presents a valid peace officer photo
identification and badge, the transferor need not file a
transfer report.
(2) If the transferor makes a report of transfer and
receives no written notification of disqualification of the
proposed transferee within seven days of the date of the
agreement to transfer, no report or investigation shall be
required under this section for any additional transfers between
that transferor and that transferee which are made within 30
days of the date on which delivery of the first pistol or
semiautomatic military-style assault weapon may be made under
subdivision 4.
Subd. 9. [NUMBER OF PISTOLS OR SEMIAUTOMATIC
MILITARY-STYLE ASSAULT WEAPONS.] Any number of pistols or
semiautomatic military-style assault weapons may be the subject
of a single transfer agreement and report to the chief of police
or sheriff. Nothing in this section or section 624.7131 shall
be construed to limit or restrict the number of pistols or
semiautomatic military-style assault weapons a person may
acquire.
Subd. 10. [RESTRICTION ON RECORDS.] If, after a
determination that the transferee is not a person prohibited by
section 624.713 from possessing a pistol or semiautomatic
military-style assault weapon, a transferee requests that no
record be maintained of the fact of who is the transferee of a
pistol or semiautomatic military-style assault weapon, the chief
of police or sheriff shall sign the transfer report and return
it to the transferee as soon as possible. Thereafter, no
government employee or agency shall maintain a record of the
transfer that identifies the transferee, and the transferee
shall retain the report of transfer.
Subd. 11. [FORMS; COST.] Chiefs of police and sheriffs
shall make transfer report forms available throughout the
community. There shall be no charge for forms, reports,
investigations, notifications, waivers or any other act
performed or materials provided by a government employee or
agency in connection with a pistol transfer.
Subd. 12. [EXCLUSIONS.] This section shall not apply to
transfers of antique firearms as curiosities or for their
historical significance or value, transfers to or between
federally licensed firearms dealers, transfers by order of
court, involuntary transfers, transfers at death or the
following transfers:
(a) A transfer by a person other than a federally licensed
firearms dealer;
(b) A loan to a prospective transferee if the loan is
intended for a period of no more than one day;
(c) The delivery of a pistol or semiautomatic
military-style assault weapon to a person for the purpose of
repair, reconditioning or remodeling;
(d) A loan by a teacher to a student in a course designed
to teach marksmanship or safety with a pistol and approved by
the commissioner of natural resources;
(e) A loan between persons at a firearms collectors
exhibition;
(f) A loan between persons lawfully engaged in hunting or
target shooting if the loan is intended for a period of no more
than 12 hours;
(g) A loan between law enforcement officers who have the
power to make arrests other than citizen arrests; and
(h) A loan between employees or between the employer and an
employee in a business if the employee is required to carry a
pistol or semiautomatic military-style assault weapon by reason
of employment and is the holder of a valid permit to carry a
pistol.
Subd. 13. [APPEAL.] A person aggrieved by the
determination of a chief of police or sheriff that the person is
prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon may appeal the
determination as provided in this subdivision. In Hennepin and
Ramsey counties the municipal court shall have jurisdiction of
proceedings under this subdivision. In the remaining counties
of the state, the county court shall have jurisdiction of
proceedings under this subdivision.
On review pursuant to this subdivision, the court shall be
limited to a determination of whether the proposed transferee is
a person prohibited from possessing a pistol or semiautomatic
military-style assault weapon by section 624.713.
Subd. 14. [TRANSFER TO UNKNOWN PARTY.] (a) No person shall
transfer a pistol or semiautomatic military-style assault weapon
to another who is not personally known to the transferor unless
the proposed transferee presents evidence of identity to the
transferor. A person who transfers a pistol or semiautomatic
military-style assault weapon in violation of this clause is
guilty of a misdemeanor.
(b) No person who is not personally known to the transferor
shall become a transferee of a pistol or semiautomatic
military-style assault weapon unless the person presents
evidence of identity to the transferor. A person who becomes a
transferee of a pistol or semiautomatic military-style assault
weapon in violation of this clause is guilty of a misdemeanor.
Subd. 15. [PENALTIES.] A person who does any of the
following is guilty of a gross misdemeanor:
(a) Transfers a pistol or semiautomatic military-style
assault weapon in violation of subdivisions 1 to 13;
(b) Transfers a pistol or semiautomatic military-style
assault weapon to a person who has made a false statement in
order to become a transferee, if the transferor knows or has
reason to know the transferee has made the false statement;
(c) Knowingly becomes a transferee in violation of
subdivisions 1 to 13; or
(d) Makes a false statement in order to become a transferee
of a pistol or semiautomatic military-style assault weapon
knowing or having reason to know the statement is false.
Subd. 16. [LOCAL REGULATION.] This section shall be
construed to supersede municipal or county regulation of the
transfer of pistols.
Sec. 32. Minnesota Statutes 1992, section 624.714,
subdivision 1, is amended to read:
Subdivision 1. [PENALTY.] (a) A person, other than a law
enforcement officer who has authority to make arrests other than
citizens arrests, who carries, holds or possesses a pistol in a
motor vehicle, snowmobile or boat, or on or about the person's
clothes or the person, or otherwise in possession or control in
a public place or public area without first having obtained a
permit to carry the pistol is guilty of a gross misdemeanor. A
person who is convicted a second or subsequent time is guilty of
a felony.
(b) A person who has been issued a permit and who engages
in activities other than those for which the permit has been
issued, is guilty of a misdemeanor.
Sec. 33. [624.7162] [FIREARMS DEALERS; SAFETY
REQUIREMENTS.]
Subdivision 1. [FIREARMS DEALERS.] For purposes of this
section, a firearms dealer is any person who is federally
licensed to sell firearms from any location.
Subd. 2. [NOTICE REQUIRED.] In each business location
where firearms are sold by a firearms dealer, the dealer shall
post in a conspicuous location the following warning in block
letters not less than one inch in height: "IT IS UNLAWFUL TO
STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CAN OBTAIN ACCESS."
Subd. 3. [FINE.] A person who violates the provisions of
this section is guilty of a petty misdemeanor and may be fined
not more than $200.
Sec. 34. [624.7181] [RIFLES AND SHOTGUNS IN PUBLIC
PLACES.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given them.
(a) "Carry" does not include:
(1) the carrying of a rifle or shotgun to, from, or at a
place where firearms are repaired, bought, sold, traded, or
displayed, or where hunting, target shooting, or other lawful
activity involving firearms occurs, or at funerals, parades, or
other lawful ceremonies;
(2) the carrying by a person of a rifle or shotgun that is
unloaded and in a gun case expressly made to contain a firearm,
if the case fully encloses the firearm by being zipped, snapped,
buckled, tied, or otherwise fastened, and no portion of the
firearm is exposed;
(3) the carrying of a rifle or shotgun by a person who has
a permit under section 624.714;
(4) the carrying of an antique firearm as a curiosity or
for its historical significance or value; or
(5) the transporting of a rifle or shotgun in compliance
with section 97B.045.
(b) "Public place" means property owned, leased, or
controlled by a governmental unit and private property that is
regularly and frequently open to or made available for use by
the public in sufficient numbers to give clear notice of the
property's current dedication to public use but does not include:
a person's dwelling house or premises, the place of business
owned or managed by the person, or land possessed by the person;
a gun show, gun shop, or hunting or target shooting facility; or
the woods, fields, or waters of this state where the person is
present lawfully for the purpose of hunting or target shooting
or other lawful activity involving firearms.
Subd. 2. [GROSS MISDEMEANOR.] Whoever carries a rifle or
shotgun on or about the person in a public place is guilty of a
gross misdemeanor.
Subd. 3. [EXCEPTIONS.] This section does not apply to
officers, employees, or agents of law enforcement agencies or
the armed forces of this state or the United States, or private
detectives or protective agents, to the extent that these
persons are authorized by law to carry firearms and are acting
in the scope of official duties.
Sec. 35. [EFFECTIVE DATE.]
Sections 4 to 25 and 27 to 34 are effective August 1, 1993,
and apply to crimes committed on or after that date. Section 25
is effective the day following final enactment.
Section 3 is effective the day following final enactment
and only applies to zoning of future sites of business locations
where firearms are sold by a firearms dealer.
ARTICLE 2
HARASSMENT, STALKING, AND DOMESTIC ABUSE
Section 1. Minnesota Statutes 1992, section 13.99, is
amended by adding a subdivision to read:
Subd. 105a. [DATA FOR ASSESSMENT OF OFFENDERS.] Access to
data for the purpose of a mental health assessment of a
convicted harassment offender is governed by section 609.749,
subdivision 6.
Sec. 2. Minnesota Statutes 1992, section 168.346, is
amended to read:
168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.]
The registered owner of a motor vehicle may request in
writing that the owner's residence address or name and residence
address be classified as private data on individuals, as defined
in section 13.02, subdivision 12. The commissioner shall grant
the classification upon receipt of a signed statement by the
owner that the classification is required for the safety of the
owner or the owner's family, if the statement also provides a
valid, existing address where the owner consents to receive
service of process. The commissioner shall use the mailing
address in place of the residence address in all documents and
notices pertaining to the motor vehicle. The residence
address or name and residence address and any information
provided in the classification request, other than the mailing
address, are private data on individuals and may be provided to
requesting law enforcement agencies.
Sec. 3. Minnesota Statutes 1992, section 480.30, is
amended to read:
480.30 [JUDICIAL TRAINING ON DOMESTIC ABUSE, HARASSMENT,
AND STALKING.]
The supreme court's judicial education program on domestic
abuse must include ongoing training for district court judges on
domestic abuse, harassment, and stalking laws and related civil
and criminal court issues. The program must include education
on the causes of family violence and culturally responsive
approaches to serving victims. The program must emphasize the
need for the coordination of court and legal victim advocacy
services and include education on domestic abuse programs and
policies within law enforcement agencies and prosecuting
authorities as well as the court system.
Sec. 4. Minnesota Statutes 1992, section 518B.01,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms shall have the meanings given them:
(a) "Domestic abuse" means: (i) physical harm, bodily
injury, assault, or the infliction of fear of imminent physical
harm, bodily injury or assault, between family or household
members; or (ii) terroristic threats, within the meaning of
section 609.713, subdivision 1, or criminal sexual conduct,
within the meaning of section 609.342, 609.343, 609.344, or
609.345, committed against a minor family or household member by
an adult a family or household member.
(b) "Family or household members" means spouses, former
spouses, parents and children, persons related by blood, and
persons who are presently residing together or who have resided
together in the past, and persons who have a child in common
regardless of whether they have been married or have lived
together at any time. "Family or household member" also
includes a man and woman if the woman is pregnant and the man is
alleged to be the father, regardless of whether they have been
married or have lived together at any time. Issuance of an
order for protection on this ground does not affect a
determination of paternity under sections 257.51 to 257.74.
Sec. 5. Minnesota Statutes 1992, section 518B.01,
subdivision 3, is amended to read:
Subd. 3. [COURT JURISDICTION.] An application for relief
under this section may be filed in the court having jurisdiction
over dissolution actions in the county of residence of either
party, in the county in which a pending or completed family
court proceeding involving the parties or their minor children
was brought, or in the county in which the alleged domestic
abuse occurred. In a jurisdiction which utilizes referees in
dissolution actions, the court or judge may refer actions under
this section to a referee to take and report the
evidence therein in the action in the same manner and subject to
the same limitations as is provided in section 518.13. Actions
under this section shall be given docket priorities by the court.
Sec. 6. Minnesota Statutes 1992, section 518B.01,
subdivision 6, is amended to read:
Subd. 6. [RELIEF BY THE COURT.] (a) Upon notice and
hearing, the court may provide relief as follows:
(1) restrain the abusing party from committing acts of
domestic abuse;
(2) exclude the abusing party from the dwelling which the
parties share or from the residence of the petitioner;
(3) award temporary custody or establish temporary
visitation with regard to minor children of the parties on a
basis which gives primary consideration to the safety of the
victim and the children. Except for cases in which custody is
contested, findings under section 257.025, 518.17, or 518.175
are not required. If the court finds that the safety of the
victim or the children will be jeopardized by unsupervised or
unrestricted visitation, the court shall condition or restrict
visitation as to time, place, duration, or supervision, or deny
visitation entirely, as needed to guard the safety of the victim
and the children. The court's decision on custody and
visitation shall in no way delay the issuance of an order for
protection granting other reliefs provided for in this section;
(4) on the same basis as is provided in chapter 518,
establish temporary support for minor children or a spouse, and
order the withholding of support from the income of the person
obligated to pay the support according to chapter 518;
(5) provide upon request of the petitioner counseling or
other social services for the parties, if married, or if there
are minor children;
(6) order the abusing party to participate in treatment or
counseling services;
(7) award temporary use and possession of property and
restrain one or both parties from transferring, encumbering,
concealing, or disposing of property except in the usual course
of business or for the necessities of life, and to account to
the court for all such transfers, encumbrances, dispositions,
and expenditures made after the order is served or communicated
to the party restrained in open court;
(8) exclude the abusing party from the place of employment
of the petitioner, or otherwise limit access to the petitioner
by the abusing party at the petitioner's place of employment;
(9) order the abusing party to pay restitution to the
petitioner; and
(10) order the continuance of all currently available
insurance coverage without change in coverage or beneficiary
designation; and
(11) order, in its discretion, other relief as it deems
necessary for the protection of a family or household member,
including orders or directives to the sheriff or constable, as
provided by this section.
(b) Any relief granted by the order for protection shall be
for a fixed period not to exceed one year, except when the court
determines a longer fixed period is appropriate.
(c) An order granting the relief authorized in paragraph
(a), clause (1), may not be vacated or modified in a proceeding
for dissolution of marriage or legal separation, except that the
court may hear a motion for modification of an order for
protection concurrently with a proceeding for dissolution of
marriage upon notice of motion and motion. The notice required
by court rule shall not be waived. If the proceedings are
consolidated and the motion to modify is granted, a separate
order for modification of an order for protection shall be
issued.
(d) An order granting the relief authorized in paragraph
(a), clause (2), is not voided by the admittance of the abusing
party into the dwelling from which the abusing party is excluded.
(e) If a proceeding for dissolution of marriage or legal
separation is pending between the parties, the court shall
provide a copy of the order for protection to the court with
jurisdiction over the dissolution or separation proceeding for
inclusion in its file.
(f) An order for restitution issued under this subdivision
is enforceable as civil judgment.
Sec. 7. Minnesota Statutes 1992, section 518B.01,
subdivision 7, is amended to read:
Subd. 7. [TEMPORARY ORDER.] (a) Where an application under
this section alleges an immediate and present danger of domestic
abuse, the court may grant an ex parte temporary order for
protection, pending a full hearing, and granting relief as the
court deems proper, including an order:
(1) restraining the abusing party from committing acts of
domestic abuse;
(2) excluding any party from the dwelling they share or
from the residence of the other except by further order of the
court; and
(3) excluding the abusing party from the place of
employment of the petitioner or otherwise limiting access to the
petitioner by the abusing party at the petitioner's place of
employment; and
(4) continuing all currently available insurance coverage
without change in coverage or beneficiary designation.
(b) A finding by the court that there is a basis for
issuing an ex parte temporary order for protection constitutes a
finding that sufficient reasons exist not to require notice
under applicable court rules governing applications for ex parte
temporary relief.
(c) An ex parte temporary order for protection shall be
effective for a fixed period not to exceed 14 days, except for
good cause as provided under paragraph (d). A full hearing, as
provided by this section, shall be set for not later than seven
days from the issuance of the temporary order. The respondent
shall be served forthwith a copy of the ex parte order along
with a copy of the petition and notice of the date set for the
hearing.
(d) When service is made by published notice, as provided
under subdivision 5, the petitioner may apply for an extension
of the period of the ex parte order at the same time the
petitioner files the affidavit required under that subdivision.
The court may extend the ex parte temporary order for an
additional period not to exceed 14 days. The respondent shall
be served forthwith a copy of the modified ex parte order along
with a copy of the notice of the new date set for the hearing.
Sec. 8. Minnesota Statutes 1992, section 518B.01,
subdivision 9, is amended to read:
Subd. 9. [ASSISTANCE OF SHERIFF IN SERVICE OR EXECUTION.]
When an order is issued under this section upon request of the
petitioner, the court shall order the sheriff or constable to
accompany the petitioner and assist in placing the petitioner in
possession of the dwelling or residence, or otherwise assist in
execution or service of the order of protection. If the
application for relief is brought in a county in which the
respondent is not present, the sheriff shall forward the
pleadings necessary for service upon the respondent to the
sheriff of the county in which the respondent is present. This
transmittal must be expedited to allow for timely service.
Sec. 9. Minnesota Statutes 1992, section 518B.01,
subdivision 14, is amended to read:
Subd. 14. [VIOLATION OF AN ORDER FOR PROTECTION.] (a)
Whenever an order for protection is granted pursuant to this
section, and the respondent or person to be restrained knows of
the order, violation of the order for protection is a
misdemeanor. Upon conviction, the defendant must be sentenced
to a minimum of three days imprisonment and must be ordered to
participate in counseling or other appropriate programs selected
by the court. If the court stays imposition or execution of the
jail sentence and the defendant refuses or fails to comply with
the court's treatment order, the court must impose and execute
the stayed jail sentence. A person who violates this paragraph
within two five years after being discharged from sentence for a
previous conviction under this paragraph or within two five
years after being discharged from sentence for a previous
conviction under a similar law of another state, is guilty of a
gross misdemeanor. Upon conviction, the defendant must be
sentenced to a minimum of ten days imprisonment and must be
ordered to participate in counseling or other appropriate
programs selected by the court. Notwithstanding section
609.135, the court must impose and execute the minimum sentence
provided in this paragraph for gross misdemeanor convictions.
(b) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated an order granted pursuant to this
section restraining the person or excluding the person from the
residence or the petitioner's place of employment, even if the
violation of the order did not take place in the presence of the
peace officer, if the existence of the order can be verified by
the officer. The person shall be held in custody for at least
36 hours, excluding the day of arrest, Sundays, and holidays,
unless the person is released earlier by a judge or judicial
officer. A peace officer acting in good faith and exercising
due care in making an arrest pursuant to this paragraph is
immune from civil liability that might result from the officer's
actions.
(c) A violation of an order for protection shall also
constitute contempt of court and be subject to the penalties
therefor.
(d) If the court finds that the respondent has violated an
order for protection and that there is reason to believe that
the respondent will commit a further violation of the provisions
of the order restraining the respondent from committing acts of
domestic abuse or excluding the respondent from the petitioner's
residence, the court may require the respondent to acknowledge
an obligation to comply with the order on the record. The court
may require a bond sufficient to deter the respondent from
committing further violations of the order for protection,
considering the financial resources of the respondent, and not
to exceed $10,000. If the respondent refuses to comply with an
order to acknowledge the obligation or post a bond under this
paragraph, the court shall commit the respondent to the county
jail during the term of the order for protection or until the
respondent complies with the order under this paragraph. The
warrant must state the cause of commitment, with the sum and
time for which any bond is required. If an order is issued
under this paragraph, the court may order the costs of the
contempt action, or any part of them, to be paid by the
respondent. An order under this paragraph is appealable.
(e) Upon the filing of an affidavit by the petitioner, any
peace officer, or an interested party designated by the court,
alleging that the respondent has violated any order for
protection granted pursuant to this section, the court may issue
an order to the respondent, requiring the respondent to appear
and show cause within 14 days why the respondent should not be
found in contempt of court and punished therefor. The hearing
may be held by the court in any county in which the petitioner
or respondent temporarily or permanently resides at the time of
the alleged violation. The court also may shall refer the
violation of the order for protection to the appropriate
prosecuting authority for possible prosecution under paragraph
(a).
(f) If it is alleged that the respondent has violated an
order for protection issued under subdivision 6 and the court
finds that the order has expired between the time of the alleged
violation and the court's hearing on the violation, the court
may grant a new order for protection under subdivision 6 based
solely on the respondent's alleged violation of the prior order,
to be effective until the hearing on the alleged violation of
the prior order. If the court finds that the respondent has
violated the prior order, the relief granted in the new order
for protection shall be extended for a fixed period, not to
exceed one year.
(g) The admittance into petitioner's dwelling of an abusing
party excluded from the dwelling under an order for protection
is not a violation by the petitioner of the order for protection.
A peace officer is not liable under section 609.43, clause
(1), for a failure to perform a duty required by paragraph (b).
Sec. 10. Minnesota Statutes 1992, section 609.13, is
amended by adding a subdivision to read:
Subd. 3. [MISDEMEANORS.] If a defendant is convicted of a
misdemeanor and is sentenced, or if the imposition of sentence
is stayed, and the defendant is thereafter discharged without
sentence, the conviction is deemed to be for a misdemeanor for
purposes of determining the penalty for a subsequent offense.
Sec. 11. Minnesota Statutes 1992, section 609.224,
subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] (a) Whoever violates the
provisions of subdivision 1 against the same victim within five
years of after being discharged from sentence for a previous
conviction under subdivision 1 this section, sections 609.221 to
609.2231, 609.342 to 609.345, or 609.713, or any similar law of
another state, is guilty of a gross misdemeanor and may be
sentenced to imprisonment for not more than one year or to a
payment of a fine of not more than $3,000, or both. Whoever
violates the provisions of subdivision 1 against a family or
household member as defined in section 518B.01, subdivision 2,
within five years of after being discharged from sentence for a
previous conviction under subdivision 1 this section or sections
609.221 to 609.2231, 609.342 to 609.345, or 609.713 against a
family or household member, is guilty of a gross misdemeanor 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.
(b) Whoever violates the provisions of subdivision 1 within
two years of a previous conviction under subdivision 1 this
section or sections 609.221 to 609.2231 or 609.713 is guilty of
a gross misdemeanor 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.
Sec. 12. Minnesota Statutes 1992, section 609.224, is
amended by adding a subdivision to read:
Subd. 4. [FELONY.] (a) Whoever violates the provisions of
subdivision 1 against the same victim within five years after
being discharged from sentence for the first of two or more
previous convictions under this section or sections 609.221 to
609.2231, 609.342 to 609.345, or 609.713 is guilty of a felony
and may be sentenced to imprisonment for not more than five
years or payment of a fine of not more than $10,000, or both.
(b) Whoever violates the provisions of subdivision 1 within
three years of the first of two or more previous convictions
under this section or sections 609.221 to 609.2231 or 609.713 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.
Sec. 13. Minnesota Statutes 1992, section 609.605,
subdivision 1, is amended to read:
Subdivision 1. [MISDEMEANOR.] (a) The following terms have
the meanings given them for purposes of this section.
(i) "Premises" means real property and any appurtenant
building or structure.
(ii) "Dwelling" means the building or part of a building
used by an individual as a place of residence on either a
full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home
as defined in section 168.011, subdivision 8.
(b) A person is guilty of a misdemeanor if the person
intentionally:
(1) permits domestic animals or fowls under the actor's
control to go on the land of another within a city;
(2) interferes unlawfully with a monument, sign, or pointer
erected or marked to designate a point of a boundary, line or a
political subdivision, or of a tract of land;
(3) trespasses on the premises of another and, without
claim of right, refuses to depart from the premises on demand of
the lawful possessor;
(4) occupies or enters the dwelling of another, without
claim of right or consent of the owner or the consent of one who
has the right to give consent, except in an emergency situation;
(5) enters the premises of another with intent to take or
injure any fruit, fruit trees, or vegetables growing on the
premises, without the permission of the owner or occupant;
(6) enters or is found on the premises of a public or
private cemetery without authorization during hours the cemetery
is posted as closed to the public; or
(7) returns to the property of another with the intent to
harass, abuse, disturb, or cause distress in or threaten
another, after being told to leave the property and not to
return, if the actor is without claim of right to the property
or consent of one with authority to consent.
Sec. 14. Minnesota Statutes 1992, section 609.748,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITION.] As used in For the purposes
of this section, the following terms have the meanings given
them in this subdivision.
(a) "Harassment" means includes:
(1) repeated, intrusive, or unwanted acts, words, or
gestures that are intended to adversely affect the safety,
security, or privacy of another, regardless of the relationship
between the actor and the intended target.;
(2) targeted residential picketing; and
(3) a pattern of attending public events after being
notified that the actor's presence at the event is harassing to
another.
(b) "Respondent" includes any individuals alleged to have
engaged in harassment or organizations alleged to have sponsored
or promoted harassment.
(c) "Targeted residential picketing" includes the following
acts when committed on more than one occasion:
(1) marching, standing, or patrolling by one or more
persons directed solely at a particular residential building in
a manner that adversely affects the safety, security, or privacy
of an occupant of the building; or
(2) marching, standing, or patrolling by one or more
persons which prevents an occupant of a residential building
from gaining access to or exiting from the property on which the
residential building is located.
Sec. 15. Minnesota Statutes 1992, section 609.748,
subdivision 2, is amended to read:
Subd. 2. [RESTRAINING ORDER; JURISDICTION.] A person who
is a victim of harassment may seek a restraining order from the
district court in the manner provided in this section. The
parent or guardian of a minor who is a victim of harassment may
seek a restraining order from the juvenile district court on
behalf of the minor.
Sec. 16. Minnesota Statutes 1992, section 609.748,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A
petition for relief must allege facts sufficient to show the
following:
(1) the name of the alleged harassment victim;
(2) the name of the respondent; and
(3) that the respondent has engaged in harassment.
The petition shall be accompanied by an affidavit made under
oath stating the specific facts and circumstances from which
relief is sought. The court shall provide simplified forms and
clerical assistance to help with the writing and filing of a
petition under this section and shall advise the petitioner of
the right to sue in forma pauperis under section 563.01. Upon
receipt of the petition, the court shall order a hearing, which
must be held not later than 14 days from the date of the order.
Personal service must be made upon the respondent not less than
five days before the hearing. If personal service cannot be
completed in time to give the respondent the minimum notice
required under this paragraph, the court may set a new hearing
date.
(b) Notwithstanding paragraph (a), the order for a hearing
and a temporary order issued under subdivision 4 may be served
on the respondent by means of a one-week published notice under
section 645.11, if:
(1) the petitioner files an affidavit with the court
stating that an attempt at personal service made by a sheriff
was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and
(2) a copy of the petition and order for hearing and any
temporary restraining order has been mailed to the respondent at
the respondent's residence or place of business, if the
respondent is an organization, or the respondent's residence or
place of business is not known to the petitioner.
Sec. 17. Minnesota Statutes 1992, section 609.748, is
amended by adding a subdivision to read:
Subd. 3a. [FILING FEE WAIVED.] The filing fees for a
restraining order under this section are waived for the
petitioner. The court administrator and the sheriff of any
county in this state shall perform their duties relating to
service of process without charge to the petitioner. The court
shall direct payment of the reasonable costs of service of
process if served by a private process server when the sheriff
is unavailable or if service is made by publication, without
requiring the petitioner to make application under section
563.01. The court may direct a respondent to pay to the court
administrator the petitioner's filing fees and reasonable costs
of service of process if the court determines that the
respondent has the ability to pay the petitioner's fees and
costs.
Sec. 18. Minnesota Statutes 1992, section 609.748,
subdivision 5, is amended to read:
Subd. 5. [RESTRAINING ORDER.] (a) The court may grant a
restraining order ordering the respondent to cease or avoid the
harassment of another person or to have no contact with that
person if all of the following occur:
(1) the petitioner has filed a petition under subdivision
3;
(2) the sheriff has served respondent with a copy of the
temporary restraining order obtained under subdivision 4, and
with notice of the time and place of the hearing, or service has
been made by publication under subdivision 3, paragraph (b); and
(3) the court finds at the hearing that there are
reasonable grounds to believe that the respondent has engaged in
harassment.
A restraining order may be issued only against the respondent
named in the petition; except that if the respondent is an
organization, the order may be issued against and apply to all
of the members of the organization. Relief granted by the
restraining order must be for a fixed period of not more than
two years.
(b) An order issued under this subdivision must be
personally served upon the respondent.
Sec. 19. Minnesota Statutes 1992, section 609.748,
subdivision 6, is amended to read:
Subd. 6. [VIOLATION OF RESTRAINING ORDER.] (a) When a
temporary restraining order or a restraining order is granted
under this section and the respondent knows of the order,
violation of the order is a misdemeanor. A person is guilty of
a gross misdemeanor who knowingly violates the order within five
years after being discharged from sentence for a previous
conviction under this subdivision; sections 609.221 to 609.224;
518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or
609.749.
(b) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated an order issued under subdivision 4 or 5
if the existence of the order can be verified by the officer.
(c) A violation of a temporary restraining order or
restraining order shall also constitute contempt of court.
(d) Upon the filing of an affidavit by the petitioner, any
peace officer, or an interested party designated by the court,
alleging that the respondent has violated an order issued under
subdivision 4 or 5, the court may issue an order to the
respondent requiring the respondent to appear within 14 days and
show cause why the respondent should not be held in contempt of
court. The court also shall refer the violation of the order to
the appropriate prosecuting authority for possible prosecution
under paragraph (a).
Sec. 20. Minnesota Statutes 1992, section 609.748,
subdivision 8, is amended to read:
Subd. 8. [NOTICE.] An order granted under this section
must contain a conspicuous notice to the respondent:
(1) of the specific conduct that will constitute a
violation of the order;
(2) that violation of an order is a misdemeanor punishable
by imprisonment for up to 90 days or a fine of up to $700, or
both, and that a subsequent violation is a gross misdemeanor
punishable by imprisonment for up to one year or a fine of up to
$3,000, or both; and
(3) that a peace officer must arrest without warrant and
take into custody a person if the peace officer has probable
cause to believe the person has violated a restraining order.
Sec. 21. Minnesota Statutes 1992, section 609.748, is
amended by adding a subdivision to read:
Subd. 9. [EFFECT ON LOCAL ORDINANCES.] Nothing in this
section shall supersede or preclude the continuation or adoption
of any local ordinance which applies to a broader scope of
targeted residential picketing conduct than that described in
subdivision 1.
Sec. 22. [609.749] [HARASSMENT; STALKING; PENALTIES.]
Subdivision 1. [DEFINITION.] As used in this section,
"harass" means to engage in intentional conduct in a manner that:
(1) would cause a reasonable person under the circumstances
to feel oppressed, persecuted, or intimidated; and
(2) causes this reaction on the part of the victim.
Subd. 2. [HARASSMENT AND STALKING CRIMES.] A person who
harasses another by committing any of the following acts is
guilty of a gross misdemeanor:
(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the
commission of an unlawful act;
(2) stalks, follows, or pursues another;
(3) returns to the property of another if the actor is
without claim of right to the property or consent of one with
authority to consent;
(4) repeatedly makes telephone calls, or induces a victim
to make telephone calls to the actor, whether or not
conversation ensues;
(5) makes or causes the telephone of another repeatedly or
continuously to ring;
(6) repeatedly uses the mail or delivers or causes the
delivery of letters, telegrams, packages, or other objects; or
(7) engages in any other harassing conduct that interferes
with another person or intrudes on the person's privacy or
liberty.
The conduct described in clauses (4) and (5) may be prosecuted
either at the place where the call is made or where it is
received. The conduct described in clause (6) may be prosecuted
either where the mail is deposited or where it is received.
Subd. 3. [AGGRAVATED VIOLATIONS.] A person who commits any
of the following acts is guilty of a felony:
(1) commits any offense described in subdivision 2 because
of the victim's or another's actual or perceived race, color,
religion, sex, sexual orientation, disability as defined in
section 363.01, age, or national origin;
(2) commits any offense described in subdivision 2 by
falsely impersonating another;
(3) commits any offense described in subdivision 2 and
possesses a dangerous weapon at the time of the offense;
(4) commits a violation of subdivision 1 with intent to
influence or otherwise tamper with a juror or a judicial
proceeding or with intent to retaliate against a judicial
officer, as defined in section 609.415, or a prosecutor, defense
attorney, or officer of the court, because of that person's
performance of official duties in connection with a judicial
proceeding; or
(5) commits any offense described in subdivision 2 against
a victim under the age of 18, if the actor is more than 36
months older than the victim.
Subd. 4. [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A
person is guilty of a felony who violates any provision of
subdivision 2 within ten years after being discharged from
sentence for a previous conviction under this section; sections
609.221 to 609.224; 518B.01, subdivision 14; 609.748,
subdivision 6; or 609.713, subdivision 1, 3, or 4.
Subd. 5. [PATTERN OF HARASSING CONDUCT.] (a) A person who
engages in a pattern of harassing conduct with respect to a
single victim or one or more members of a single household in a
manner that would cause a reasonable person under the
circumstances to feel terrorized or to fear bodily harm and that
does cause this reaction on the part of the victim, 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.
(b) For purposes of this subdivision, a "pattern of
harassing conduct" means two or more acts within a five-year
period that violate the provisions of any of the following:
(1) this section;
(2) section 609.713;
(3) section 609.224;
(4) section 518B.01, subdivision 14;
(5) section 609.748, subdivision 6;
(6) section 609.605, subdivision 1, paragraph (a), clause
(7);
(7) section 609.79; or
(8) section 609.795.
Subd. 6. [MENTAL HEALTH ASSESSMENT AND TREATMENT.] (a)
When a person is convicted of a felony offense under this
section, or another felony offense arising out of a charge based
on this section, the court shall order an independent
professional mental health assessment of the offender's need for
mental health treatment. The court may waive the assessment if
an adequate assessment was conducted prior to the conviction.
(b) Notwithstanding section 13.42, 13.85, 144.335, or
260.161, the assessor has access to the following private or
confidential data on the person if access is relevant and
necessary for the assessment:
(1) medical data under section 13.42;
(2) welfare data under section 13.46;
(3) corrections and detention data under section 13.85;
(4) health records under section 144.335; and
(5) juvenile court records under section 260.161.
Data disclosed under this section may be used only for purposes
of the assessment and may not be further disclosed to any other
person, except as authorized by law.
(c) If the assessment indicates that the offender is in
need of and amenable to mental health treatment, the court shall
include in the sentence a requirement that the offender undergo
treatment.
(d) The court shall order the offender to pay the costs of
assessment under this subdivision unless the offender is
indigent under section 563.01.
Subd. 7. [EXCEPTION.] Conduct is not a crime under this
section if it is performed under terms of a valid license, to
ensure compliance with a court order, or to carry out a specific
lawful commercial purpose or employment duty, is authorized or
required by a valid contract, or is authorized, required, or
protected by state or federal law or the state or federal
constitutions. Subdivision 2, clause (2), does not impair the
right of any individual or group to engage in speech protected
by the federal constitution, the state constitution, or federal
or state law, including peaceful and lawful handbilling and
picketing.
Sec. 23. Minnesota Statutes 1992, section 609.79,
subdivision 1, is amended to read:
Subdivision 1. Whoever,
(1) By means of a telephone,
(a) makes any comment, request, suggestion or proposal
which is obscene, lewd, or lascivious,
(b) Repeatedly makes telephone calls, whether or not
conversation ensues, with intent to abuse, threaten, or harass,
disturb, or cause distress,
(c) Makes or causes the telephone of another repeatedly or
continuously to ring, with intent to harass abuse, disturb, or
cause distress in any person at the called number, or
(2) Having control of a telephone, knowingly permits it to
be used for any purpose prohibited by this section, shall be
guilty of a misdemeanor.
Sec. 24. Minnesota Statutes 1992, section 609.795,
subdivision 1, is amended to read:
Subdivision 1. [MISDEMEANORS.] Whoever does any of the
following is guilty of a misdemeanor:
(1) knowing that the actor does not have the consent of
either the sender or the addressee, intentionally opens any
sealed letter, telegram, or package addressed to another; or
(2) knowing that a sealed letter, telegram, or package has
been opened without the consent of either the sender or
addressee, intentionally publishes any of the contents thereof;
or
(3) with the intent to harass, abuse, or threaten, disturb,
or cause distress, repeatedly uses the mails or delivers
letters, telegrams, or packages.
Sec. 25. Minnesota Statutes 1992, section 611A.031, is
amended to read:
611A.031 [VICTIM INPUT REGARDING PRETRIAL DIVERSION.]
A prosecutor shall make every reasonable effort to notify
and seek input from the victim prior to referring a person into
a pretrial diversion program in lieu of prosecution for a
violation of sections 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.224, 609.24, 609.245, 609.25,
609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498,
609.561, 609.582, subdivision 1, and 609.687, 609.713, and
609.749.
Sec. 26. Minnesota Statutes 1992, section 611A.0315, is
amended to read:
611A.0315 [VICTIM NOTIFICATION; DOMESTIC ASSAULT;
HARASSMENT.]
Subdivision 1. [NOTICE OF DECISION NOT TO PROSECUTE.] (a)
A prosecutor shall make every reasonable effort to notify a
domestic assault victim of domestic assault or harassment that
the prosecutor has decided to decline prosecution of the case or
to dismiss the criminal charges filed against the defendant.
Efforts to notify the victim should include, in order of
priority: (1) contacting the victim or a person designated by
the victim by telephone; and (2) contacting the victim by mail.
If a suspect is still in custody, the notification attempt shall
be made before the suspect is released from custody.
(b) Whenever a prosecutor dismisses criminal charges
against a person accused of domestic assault or harassment, a
record shall be made of the specific reasons for the dismissal.
If the dismissal is due to the unavailability of the witness,
the prosecutor shall indicate the specific reason that the
witness is unavailable.
(c) Whenever a prosecutor notifies a victim of domestic
assault or harassment under this section, the prosecutor shall
also inform the victim of the method and benefits of seeking an
order for protection under section 518B.01 or a restraining
order under section 609.748 and that the victim may seek an
order without paying a fee.
Subd. 2. [DEFINITIONS.] For the purposes of this section,
the following terms have the meanings given them.
(a) "Assault" has the meaning given it in section 609.02,
subdivision 10.
(b) "Domestic assault" means an assault committed by the
actor against a family or household member.
(c) "Family or household member" has the meaning given it
in section 518B.01, subdivision 2.
(d) "Harassment" means a violation of section 609.749.
Sec. 27. Minnesota Statutes 1992, section 626.8451,
subdivision 1a, is amended to read:
Subd. 1a. [TRAINING COURSE; CRIMES OF VIOLENCE.] In
consultation with the crime victim and witness advisory council
and the school of law enforcement, the board shall prepare a
training course to assist peace officers in responding to crimes
of violence and to enhance peace officer sensitivity in
interacting with and assisting crime victims. For purposes of
this course, harassment and stalking crimes are "crimes of
violence." The course must include information about:
(1) the needs of victims of these crimes and the most
effective and sensitive way to meet those needs or arrange for
them to be met;
(2) the extent and causes of crimes of violence, including
physical and sexual abuse, physical violence, harassment and
stalking, and neglect;
(3) the identification of crimes of violence and patterns
of violent behavior; and
(4) culturally responsive approaches to dealing with
victims and perpetrators of violence.
Sec. 28. Minnesota Statutes 1992, section 629.34,
subdivision 1, is amended to read:
Subdivision 1. [PEACE OFFICERS AND CONSTABLES.] (a) A
peace officer, as defined in section 626.84, subdivision 1,
clause (c), or a constable, as defined in section 367.40,
subdivision 3, who is on or off duty within the jurisdiction of
the appointing authority, or on duty outside the jurisdiction of
the appointing authority pursuant to section 629.40, may arrest
a person without a warrant as provided under paragraph (c).
(b) A part-time peace officer, as defined in section
626.84, subdivision 1, clause (f), who is on duty within the
jurisdiction of the appointing authority, or on duty outside the
jurisdiction of the appointing authority pursuant to section
629.40 may arrest a person without a warrant as provided under
paragraph (c).
(c) A peace officer, constable, or part-time peace officer
who is authorized under paragraph (a) or (b) to make an arrest
without a warrant may do so under the following circumstances:
(1) when a public offense has been committed or attempted
in the officer's or constable's presence;
(2) when the person arrested has committed a felony,
although not in the officer's or constable's presence;
(3) when a felony has in fact been committed, and the
officer or constable has reasonable cause for believing the
person arrested to have committed it;
(4) upon a charge based upon reasonable cause of the
commission of a felony by the person arrested; or
(5) under the circumstances described in clause (2), (3),
or (4), when the offense is a gross misdemeanor violation of
section 609.52, 609.595, 609.631, 609.749, or 609.821; or
(6) under circumstances described in clause (2), (3), or
(4), when the offense is a violation of a restraining order or
no contact order previously issued by a court.
(d) To make an arrest authorized under this subdivision,
the officer or constable may break open an outer or inner door
or window of a dwelling house if, after notice of office and
purpose, the officer or constable is refused admittance.
Sec. 29. Minnesota Statutes 1992, section 629.341,
subdivision 1, is amended to read:
Subdivision 1. [ARREST.] Notwithstanding section 629.34 or
any other law or rule, a peace officer may arrest a person
anywhere without a warrant, including at the person's residence
if the peace officer has probable cause to believe that the
person within the preceding four hours has assaulted, threatened
with a dangerous weapon, or placed in fear of immediate bodily
harm the person's spouse, former spouse, or other person with
whom the person resides or has formerly resided, or other person
with whom the person has a child or an unborn child in common,
regardless of whether they have been married or have lived
together at any time. The arrest may be made even though the
assault did not take place in the presence of the peace officer.
Sec. 30. Minnesota Statutes 1992, section 629.342,
subdivision 2, is amended to read:
Subd. 2. [POLICIES REQUIRED.] (a) By July 1, 1993, each
law enforcement agency shall develop, adopt, and implement a
written policy regarding arrest procedures for domestic abuse
incidents. In the development of a policy, each law enforcement
agency shall consult with domestic abuse advocates, community
organizations, and other law enforcement agencies with expertise
in the recognition and handling of domestic abuse incidents.
The policy shall discourage dual arrests, include consideration
of whether one of the parties acted in self defense, and provide
guidance to officers concerning instances in which officers
should remain at the scene of a domestic abuse incident until
the likelihood of further imminent violence has been eliminated.
(b) The bureau of criminal apprehension, the board of peace
officer standards and training, and the battered women's
advisory council appointed by the commissioner of corrections
under section 611A.34, in consultation with the Minnesota chiefs
of police association, the Minnesota sheriffs association, and
the Minnesota police and peace officers association, shall
develop a written model policy regarding arrest procedures for
domestic abuse incidents for use by local law enforcement
agencies. Each law enforcement agency may adopt the model
policy in lieu of developing its own policy under the provisions
of paragraph (a).
(c) Local law enforcement agencies that have already
developed a written policy regarding arrest procedures for
domestic abuse incidents before July 1, 1992, are not required
to develop a new policy but must review their policies and
consider the written model policy developed under paragraph (b).
Sec. 31. Minnesota Statutes 1992, section 629.72, is
amended to read:
629.72 [BAIL IN CASES OF DOMESTIC ASSAULT OR HARASSMENT.]
Subdivision 1. [ALLOWING DETENTION IN LIEU OF CITATION;
RELEASE.] Notwithstanding any other law or rule, an arresting
officer may not issue a citation in lieu of arrest and detention
to an individual charged with harassment or charged with
assaulting the individual's spouse or other individual with whom
the charged person resides.
Notwithstanding any other law or rule, an individual who is
arrested on a charge of harassing any person or of assaulting
the individual's spouse or other person with whom the individual
resides must be brought to the police station or county jail.
The officer in charge of the police station or the county
sheriff in charge of the jail shall issue a citation in lieu of
continued detention unless it reasonably appears to the officer
or sheriff that detention is necessary to prevent bodily harm to
the arrested person or another, or there is a substantial
likelihood the arrested person will fail to respond to a
citation.
If the arrested person is not issued a citation by the
officer in charge of the police station or the county sheriff,
the arrested person must be brought before the nearest available
judge of the county district court or county municipal court in
the county in which the alleged harassment or assault took place
without unnecessary delay as provided by court rule.
Subd. 2. [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge
before whom the arrested person is brought shall review the
facts surrounding the arrest and detention. The arrested person
must be ordered released pending trial or hearing on the
person's personal recognizance or on an order to appear or upon
the execution of an unsecured bond in a specified amount unless
the judge determines that release (1) will be inimical to public
safety, (2) will create a threat of bodily harm to the arrested
person, the victim of the alleged harassment or assault, or
another, or (3) will not reasonably assure the appearance of the
arrested person at subsequent proceedings.
(b) If the judge determines release is not advisable, the
judge may impose any conditions of release that will reasonably
assure the appearance of the person for subsequent proceedings,
or will protect the victim of the alleged harassment or assault,
or may fix the amount of money bail without other conditions
upon which the arrested person may obtain release. If
conditions of release are imposed, the judge shall issue a
written order for conditional release. The court administrator
shall immediately distribute a copy of the order for conditional
release to the agency having custody of the arrested person and
shall provide the agency having custody of the arrested person
with any available information on the location of the victim in
a manner that protects the victim's safety. Either the court or
its designee or the agency having custody of the arrested person
shall serve upon the defendant a copy of the order. Failure to
serve the arrested person with a copy of the order for
conditional release does not invalidate the conditions of
release.
(c) If the judge imposes as a condition of release a
requirement that the person have no contact with the victim of
the alleged harassment or assault, the judge may also, on its
own motion or that of the prosecutor or on request of the
victim, issue an ex parte temporary restraining order under
section 609.748, subdivision 4, or an ex parte temporary order
for protection under section 518B.01, subdivision 7.
Notwithstanding section 518B.01, subdivision 7, paragraph
(b), or 609.748, subdivision 4, paragraph (c), the temporary
order is effective until the defendant is convicted or
acquitted, or the charge is dismissed, provided that upon
request the defendant is entitled to a full hearing on
the restraining order under section 609.748, subdivision 5, or
on the order for protection under section 518B.01. The hearing
must be held within seven days of the defendant's request.
Subd. 2a. [ELECTRONIC MONITORING AS A CONDITION OF
PRETRIAL RELEASE.] (a) Until the commissioner of corrections has
adopted standards governing electronic monitoring devices used
to protect victims of domestic abuse, the court, as a condition
of release, may not order a person arrested for a crime
described in section 609.135, subdivision 5a, paragraph (b), to
use an electronic monitoring device to protect a victim's safety.
(b) Notwithstanding paragraph (a), district courts in the
tenth judicial district may order, as a condition of a release,
a person arrested on a charge of a crime described in section
609.135, subdivision 5a, paragraph (b), to use an electronic
monitoring device to protect the victim's safety. The courts
shall make data on the use of electronic monitoring devices to
protect a victim's safety in the tenth judicial district
available to the commissioner of corrections to evaluate and to
aid in development of standards for the use of devices to
protect victims of domestic abuse.
Subd. 3. [RELEASE.] If the arrested person is not issued a
citation by the officer in charge of the police station or the
county sheriff pursuant to subdivision 1, and is not brought
before a judge within the time limits prescribed by court rule,
the arrested person must shall be released by the arresting
authorities, and a citation must be issued in lieu of continued
detention.
Subd. 4. [SERVICE OF RESTRAINING ORDER OR ORDER FOR
PROTECTION.] If a restraining order is issued under section
609.748 or an order for protection is issued under section
518B.01 while the arrested person is still in detention, the
order must be served upon the arrested person during detention
if possible.
Subd. 5. [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge
who released the arrested person shall issue a warrant directing
that the person be arrested and taken immediately before the
judge, if the judge:
(1) the judge receives an application alleging that the
arrested person has violated the conditions of release; and
(2) the judge finds that probable cause exists to believe
that the conditions of release have been violated.
Subd. 6. [NOTICE TO VICTIM REGARDING RELEASE OF ARRESTED
PERSON.] (a) Immediately after the issuance of a citation in
lieu of continued detention under subdivision 1, or the entry of
an order for release under subdivision 2, but before the
arrested person is released, the agency having custody of the
arrested person or its designee must make a reasonable and good
faith effort to inform orally the alleged victim of:
(1) the conditions of release, if any;
(2) the time of release;
(3) the time, date, and place of the next scheduled court
appearance of the arrested person and the victim's right to be
present at the court appearance; and
(4) if the arrested person is charged with domestic
assault, the location and telephone number of the area battered
women's shelter as designated by the department of corrections.
(b) As soon as practicable after an order for conditional
release is entered, the agency having custody of the arrested
person or its designee must personally deliver or mail to the
alleged victim a copy of the written order and written notice of
the information in clauses (2) and (3).
Sec. 32. [TRAINING FOR PROSECUTORS.]
By December 31, 1993, the county attorneys association, in
conjunction with the attorney general's office, shall prepare
and conduct a training course for county attorneys and city
attorneys to familiarize them with this act and provide other
information regarding the prosecution of harassment and stalking
offenses. The course may be combined with other training
conducted by the county attorneys association or other groups.
Sec. 33. [SEVERABILITY.]
It is the intent of the legislature that the provisions of
this article shall be severable as provided in Minnesota
Statutes, section 645.20.
Sec. 34. [REPEALER.]
Minnesota Statutes 1992, sections 609.02, subdivisions 12
and 13; 609.605, subdivision 3; 609.746, subdivisions 2 and 3;
609.747; 609.79, subdivision 1a; and 609.795, subdivision 2, are
repealed.
Sec. 35. [EFFECTIVE DATE.]
Sections 1, 2, 4 to 26, 28, 29, 31, 33, and 34 are
effective June 1, 1993, and apply to crimes committed on or
after that date. Sections 3, 27, and 32 are effective the day
following final enactment. Section 30 is effective retroactive
to July 1, 1992.
ARTICLE 3
CONTROLLED SUBSTANCES
Section 1. Minnesota Statutes 1992, 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
of three grams or more containing cocaine;
(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 other than
cocaine;
(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 of the following in a
school zone, a park zone, or a public housing zone:
(i) any amount of a schedule I or II narcotic drug, or
lysergic acid diethylamide (LSD);
(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. 2. Minnesota Statutes 1992, 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;
(2) the person unlawfully possesses one or more mixtures of
a total weight of ten grams or more containing a narcotic drug
other than cocaine;
(3) 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;
(4) the person unlawfully possesses any amount of a
schedule I or II narcotic drug or five or more dosage units of
lysergic acid diethylamide (LSD) in a school zone, a park zone,
or a public housing zone;
(5) the person unlawfully possesses one or more mixtures of
a total weight of ten kilograms or more containing marijuana or
Tetrahydrocannabinols; or
(6) 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. 3. Minnesota Statutes 1992, section 152.0971, is
amended by adding a subdivision to read:
Subd. 1a. [AUTHORIZED AGENT.] An "authorized agent" is an
individual representing a business who is responsible for the
disbursement or custody of precursor substances.
Sec. 4. Minnesota Statutes 1992, section 152.0971, is
amended by adding a subdivision to read:
Subd. 2a. [PURCHASER.] A "purchaser" is a manufacturer,
wholesaler, retailer, or any other person in this state who
receives or seeks to receive a precursor substance.
Sec. 5. Minnesota Statutes 1992, section 152.0971, is
amended by adding a subdivision to read:
Subd. 2b. [RECEIVE.] "Receive" means to purchase, receive,
collect, or otherwise obtain a precursor substance from a
supplier.
Sec. 6. Minnesota Statutes 1992, section 152.0971,
subdivision 3, is amended to read:
Subd. 3. [SUPPLIER.] A "supplier" is a manufacturer,
wholesaler, retailer, or any other person in this or any other
state who furnishes a precursor substance to another person in
this state.
Sec. 7. Minnesota Statutes 1992, section 152.0972,
subdivision 1, is amended to read:
Subdivision 1. [PRECURSOR SUBSTANCES.] The following
precursors of controlled substances are "precursor substances":
(1) phenyl-2-propanone;
(2) methylamine;
(3) ethylamine;
(4) d-lysergic acid;
(5) ergotamine tartrate;
(6) diethyl malonate;
(7) malonic acid;
(8) hydriodic acid;
(9) ethyl malonate;
(9) (10) barbituric acid;
(10) (11) piperidine;
(11) (12) n-acetylanthranilic acid;
(12) (13) pyrrolidine;
(13) (14) phenylacetic acid;
(14) (15) anthranilic acid;
(15) morpholine;
(16) ephedrine;
(17) pseudoephedrine;
(18) norpseudoephedrine;
(19) phenylpropanolamine;
(20) propionic anhydride;
(21) isosafrole;
(22) safrole;
(23) piperonal;
(24) thionylchloride;
(25) benzyl cyanide;
(26) ergonovine maleate;
(27) n-methylephedrine;
(28) n-ethylpseudoephedrine;
(29) n-methylpseudoephedrine;
(30) chloroephedrine;
(31) chloropseudoephedrine; and
(32) any substance added to this list by rule adopted by
the state board of pharmacy.
Sec. 8. Minnesota Statutes 1992, section 152.0973, is
amended by adding a subdivision to read:
Subd. 1a. [REPORT OF PRECURSOR SUBSTANCES RECEIVED FROM
OUT OF STATE.] A purchaser of a precursor substance from outside
of Minnesota shall, not less than 21 days before taking
possession of the substance, submit to the bureau of criminal
apprehension a report of the transaction that includes the
identification information specified in subdivision 3.
Sec. 9. Minnesota Statutes 1992, section 152.0973,
subdivision 2, is amended to read:
Subd. 2. [REGULAR REPORTS.] The bureau may authorize a
purchaser or supplier to submit the reports on a monthly basis
with respect to repeated, regular transactions between the
supplier and the purchaser involving the same substance if the
superintendent of the bureau of criminal apprehension determines
that:
(1) a pattern of regular supply of the precursor substance
exists between the supplier and the purchaser of the substance;
or
(2) the purchaser has established a record of utilizing the
precursor substance for lawful purposes.
Sec. 10. Minnesota Statutes 1992, section 152.0973, is
amended by adding a subdivision to read:
Subd. 2a. [REPORT OF MISSING PRECURSOR SUBSTANCE.] A
supplier or purchaser who discovers a discrepancy between the
quantity of precursor substance shipped and the quantity of
precursor substance received shall report the discrepancy to the
bureau of criminal apprehension within three days of knowledge
of the discrepancy. The report must include:
(1) the complete name and address of the purchaser;
(2) the type of precursor substance missing;
(3) whether the precursor substance is missing due to
theft, loss, or shipping discrepancy;
(4) the method of delivery used;
(5) the name of the common carrier or person who
transported the substance; and
(6) the date of shipment.
Sec. 11. Minnesota Statutes 1992, section 152.0973,
subdivision 3, is amended to read:
Subd. 3. [PROPER IDENTIFICATION.] A report submitted by a
supplier or purchaser under this section must include:
(1) a the purchaser's driver's license number or state
identification card that contains a photograph of the purchaser
and includes the number and residential or mailing address of
the purchaser, other than a post office box number taken from
the purchaser's driver's license or state identification card,
if the purchaser is not an authorized agent;
(2) the motor vehicle license number of any the motor
vehicle owned or operated by the purchaser at the time of sale,
if the purchaser is not an authorized agent;
(3) a complete description of how the precursor substance
will be used, if the purchaser is not an authorized agent;
(4) a letter of authorization from the business for which
the precursor substance is being furnished, including the
business license state tax identification number and address of
the business, a full description of how the precursor substance
is to be used, and the signature of the authorized agent for the
purchaser;
(4) (5) the signature of the supplier as a witness to the
signature and identification of the purchaser;
(5) (6) the type and quantity of the precursor substance;
and
(6) (7) the method of delivery used; and
(8) the complete name and address of the supplier.
Sec. 12. Minnesota Statutes 1992, section 152.0973,
subdivision 4, is amended to read:
Subd. 4. [RETENTION OF RECORDS.] A supplier shall retain a
copy of the report reports filed under this section subdivisions
1, 2, and 2a for five years. A purchaser shall retain a copy of
reports filed under subdivisions 1a and 2a for five years.
Sec. 13. Minnesota Statutes 1992, section 152.0973, is
amended by adding a subdivision to read:
Subd. 5. [INSPECTIONS.] All records relating to sections
152.0971 to 152.0974 shall be open to inspection by the bureau
of criminal apprehension during regular business hours.
Sec. 14. Minnesota Statutes 1992, section 152.0973, is
amended by adding a subdivision to read:
Subd. 6. [PENALTIES.] (a) A person who does not submit a
report as required by this section is guilty of a misdemeanor.
(b) A person who knowingly submits a report required by
this section with false or fictitious information is guilty of a
gross misdemeanor.
(c) A person who is convicted a second or subsequent time
of violating paragraph (a) is guilty of a gross misdemeanor if
the subsequent offense occurred after the earlier conviction.
Sec. 15. [EFFECTIVE DATE.]
Sections 1 to 13 are effective August 1, 1993. Section 14
is effective August 1, 1993, and applies to crimes committed on
or after that date.
ARTICLE 4
MISCELLANEOUS
Section 1. Minnesota Statutes 1992, section 144.765, is
amended to read:
144.765 [PATIENT'S RIGHT TO REFUSE TESTING.]
Upon notification of a significant exposure, the facility
shall ask the patient to consent to blood testing to determine
the presence of the HIV virus or the hepatitis B virus. The
patient shall be informed that the test results without
personally identifying information will be reported to the
emergency medical services personnel. The patient shall be
informed of the right to refuse to be tested. If the patient
refuses to be tested, the patient's refusal will be forwarded to
the emergency medical services agency and to the emergency
medical services personnel. The right to refuse a blood test
under the circumstances described in this section does not apply
to a prisoner who is in the custody or under the jurisdiction of
the commissioner of corrections or a local correctional
authority as a result of a criminal conviction.
Sec. 2. Minnesota Statutes 1992, section 169.222,
subdivision 6, is amended to read:
Subd. 6. [BICYCLE EQUIPMENT.] (a) No person shall operate
a bicycle at nighttime unless the bicycle or its operator is
equipped with a lamp which shall emit a white light visible from
a distance of at least 500 feet to the front and with a red
reflector of a type approved by the department of public safety
which is visible from all distances from 100 feet to 600 feet to
the rear when directly in front of lawful lower beams of head
lamps on a motor vehicle. No person may operate a bicycle at
any time when there is not sufficient light to render persons
and vehicles on the highway clearly discernible at a distance of
500 feet ahead unless the bicycle or its operator is equipped
with reflective surfaces that shall be visible during the hours
of darkness from 600 feet when viewed in front of lawful lower
beams of head lamps on a motor vehicle.
The reflective surfaces shall include reflective materials
on each side of each pedal to indicate their presence from the
front or the rear and with a minimum of 20 square inches of
reflective material on each side of the bicycle or its
operator. Any bicycle equipped with side reflectors as required
by regulations for new bicycles prescribed by the United States
Consumer Product Safety Commission shall be considered to meet
the requirements for side reflectorization contained in this
subdivision.
A bicycle may be equipped with a rear lamp that emits a red
flashing signal.
(b) No person shall operate a bicycle unless it is equipped
with a brake which will enable the operator to make the braked
wheels skid on dry, level, clean pavement.
(c) No person shall operate upon a highway any bicycle
equipped with handlebars so raised that the operator must
elevate the hands above the level of the shoulders in order to
grasp the normal steering grip area.
(d) No person shall operate upon a highway any bicycle
which is of such a size as to prevent the operator from stopping
the bicycle, supporting it with at least one foot on the highway
surface and restarting in a safe manner.
Sec. 3. Minnesota Statutes 1992, section 169.64,
subdivision 3, is amended to read:
Subd. 3. [FLASHING LIGHTS.] Flashing lights are
prohibited, except on an authorized emergency vehicle, school
bus, bicycle as provided in section 169.222, subdivision 6, road
maintenance equipment, tow truck or towing vehicle, service
vehicle, farm tractors, self-propelled farm equipment or on any
vehicle as a means of indicating a right or left turn, or the
presence of a vehicular traffic hazard requiring unusual care in
approaching, overtaking or passing. All flashing warning lights
shall be of the type authorized by section 169.59, subdivision
4, unless otherwise permitted or required in this chapter.
Sec. 4. [174.295] [ELIGIBILITY CERTIFICATION; PENALTY FOR
FRAUDULENT STATEMENTS.]
Subdivision 1. [NOTICE.] A provider of special
transportation service, as defined in section 174.29, receiving
financial assistance under section 174.24, shall include on the
application form for special transportation service, and on the
eligibility certification form if different from the application
form, a notice of the penalty for fraudulent certification under
subdivision 4.
Subd. 2. [CERTIFIER STATEMENT.] A provider shall include
on the application or eligibility certification form a place for
the person certifying the applicant as eligible for special
transportation service to sign, and the person certifying the
applicant shall sign, stating that the certifier understands the
penalty for fraudulent certification and that the certifier
believes the applicant to be eligible.
Subd. 3. [APPLICANT STATEMENT.] A provider shall include
on the application form a place for the applicant to sign, and
the applicant shall sign, stating that the applicant understands
the penalty for fraudulent certification and that the
information on the application is true.
Subd. 4. [PENALTY.] A person is guilty of a misdemeanor if:
(1) the person fraudulently certifies to the special
transportation service provider that the applicant is eligible
for special transportation service; or
(2) the person obtains certification for special
transportation service by misrepresentation or fraud.
Sec. 5. Minnesota Statutes 1992, section 244.05,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate
serving a mandatory life sentence under section 609.184 must not
be given supervised release under this section. An inmate
serving a mandatory life sentence under section 609.185, clause
(1), (3), (4), (5), or (6); or 609.346, subdivision 2a, 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 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. 6. Minnesota Statutes 1992, 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, clause (1), (3),
(4), (5), or (6); 609.346, subdivision 2a; or 609.385 after the
inmate has served the minimum term of imprisonment specified in
subdivision 4.
Sec. 7. Minnesota Statutes 1992, section 289A.63, is
amended by adding a subdivision to read:
Subd. 11. [CONSOLIDATION OF VENUE.] If two or more
offenses in this section are committed by the same person in
more than one county, the accused may be prosecuted for all the
offenses in any county in which one of the offenses was
committed.
Sec. 8. Minnesota Statutes 1992, section 297B.10, is
amended to read:
297B.10 [PENALTIES.]
(1) Any person, including persons other than the purchaser,
who prepares, completes, or submits a false or fraudulent motor
vehicle purchaser's certificate with intent to defeat or evade
the tax imposed under this chapter or any purchaser who fails to
complete or submit a motor vehicle purchaser's certificate with
intent to defeat or evade the tax or who attempts to defeat or
evade the tax in any manner, is guilty of a gross misdemeanor
unless the tax involved exceeds $300, in which event the person
is guilty of a felony. The term "person" as used in this
section includes any officer or employee of a corporation or a
member or employee of a partnership who as an officer, member,
or employee is under a duty to perform the act with respect to
which the violation occurs. Notwithstanding the provisions of
section 628.26 or any other provision of the criminal laws of
this state, an indictment may be found and filed, or a complaint
filed, upon any criminal offense specified in this section, in
the proper court within six years after the commission of the
offense.
(2) Any person who violates any of the provisions of this
chapter, unless the violation be of the type referred to in
clause (1), is guilty of a misdemeanor and shall be punished by
a fine of not less than $50 nor more than $100 or by
imprisonment in the county jail for not less than 30 days, or
both.
(3) When two or more offenses in clause (1) are committed
by the same person within six months, the offenses may be
aggregated; further, if the offenses are committed in more than
one county, the accused may be prosecuted for all the offenses
aggregated under this paragraph in any county in which one of
the offenses was committed.
Sec. 9. Minnesota Statutes 1992, section 307.08,
subdivision 2, is amended to read:
Subd. 2. A person who intentionally, willfully, and
knowingly destroys, mutilates, injures, disturbs, or removes
human skeletal remains or human burials burial grounds, is
guilty of a felony. A person who intentionally, willfully, or
knowingly removes any tombstone, monument, or structure placed
in any public or private cemetery or unmarked human burial
ground, or any fence, railing, or other work erected for
protection or ornament, or any tree, shrub, or plant or grave
goods and artifacts within the limits of the cemetery or burial
ground, and a person who, without authority from the trustees,
state archaeologist, or Indian affairs intertribal board,
discharges any firearms upon or over the grounds of any public
or private cemetery or authenticated and identified Indian
burial ground, is guilty of a gross misdemeanor.
Sec. 10. Minnesota Statutes 1992, section 343.21,
subdivision 9, is amended to read:
Subd. 9. [PENALTY.] A person who fails to comply with any
provision of this section is guilty of a misdemeanor. A person
convicted of a second or subsequent violation of subdivision 1
or 7 within five years of a previous violation of subdivision 1
or 7 is guilty of a gross misdemeanor.
Sec. 11. Minnesota Statutes 1992, section 343.21,
subdivision 10, is amended to read:
Subd. 10. [RESTRICTIONS.] If a person is convicted of
violating this section, the court may shall require that pet or
companion animals, as defined in section 346.36, subdivision 6,
that have not been seized by a peace officer or agent and are in
the custody of the person must be turned over to a peace officer
or other appropriate officer or agent if unless the court
determines that the person is unable or unfit able and fit to
provide adequately for an animal. If the evidence indicates
lack of proper and reasonable care of an animal, the burden is
on the person to affirmatively demonstrate by clear and
convincing evidence that the person is able and fit to have
custody of and provide adequately for an animal. The court may
limit the person's further possession or custody of pet or
companion animals, and may impose other conditions the court
considers appropriate, including, but not limited to:
(1) imposing a probation period during which the person may
not have ownership, custody, or control of a pet or companion
animal;
(2) requiring periodic visits of the person by an animal
control officer or agent appointed pursuant to section 343.01,
subdivision 1;
(3) requiring performance by the person of community
service in a humane facility; and
(4) requiring the person to receive behavioral counseling.
Sec. 12. Minnesota Statutes 1992, section 473.386, is
amended by adding a subdivision to read:
Subd. 2a. [ELIGIBILITY CERTIFICATION.] The board shall
include the notice of penalty for fraudulent certification, and
require the person certifying the applicant to sign the
eligibility certification form and the applicant to sign the
application form, as provided in section 174.295.
Sec. 13. Minnesota Statutes 1992, section 609.035, is
amended to read:
609.035 [CRIME PUNISHABLE UNDER DIFFERENT PROVISIONS.]
Except as provided in sections 609.251, 609.585, 609.21,
subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856,
if a person's conduct constitutes more than one offense under
the laws of this state, the person may be punished for only one
of the offenses and a conviction or acquittal of any one of them
is a bar to prosecution for any other of them. All the
offenses, if prosecuted, shall be included in one prosecution
which shall be stated in separate counts.
Sec. 14. Minnesota Statutes 1992, section 609.101,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding
any other law:
(1) when a court sentences a person convicted of a felony
that is not listed in subdivision 2 or 3, it must impose a fine
of not less than 20 percent of the maximum fine authorized by
law nor more than the maximum fine authorized by law; and
(2) when a court sentences a person convicted of a gross
misdemeanor or misdemeanor that is not listed in subdivision 2,
it must impose a fine of not less than 20 percent of the maximum
fine authorized by law nor more than the maximum fine authorized
by law, unless the fine is set at a lower amount on a uniform
fine schedule established by the conference of chief judges in
consultation with affected state and local agencies. This
schedule shall be promulgated and reported to the legislature
not later than January 1 of each year and shall become effective
on August 1 of that year unless the legislature, by law,
provides otherwise.
The court may not waive payment of the minimum 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.
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.
Sec. 15. Minnesota Statutes 1992, section 609.184,
subdivision 2, is amended to read:
Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence
a person to life imprisonment without possibility of release
under the following circumstances:
(1) the person is convicted of first degree murder under
section 609.185, clause (2) or (4); or
(2) the person is convicted of first degree murder under
section 609.185, clause (1), (3), (4), (5), or (6), and the
court determines on the record at the time of sentencing that
the person has one or more previous convictions for a heinous
crime.
Sec. 16. Minnesota Statutes 1992, section 609.251, is
amended to read:
609.251 [DOUBLE JEOPARDY; KIDNAPPING.]
Notwithstanding section 609.04, a prosecution for or
conviction of the crime of kidnapping is not a bar to conviction
of or punishment for any other crime committed during the time
of the kidnapping.
Sec. 17. Minnesota Statutes 1992, section 609.341,
subdivision 10, is amended to read:
Subd. 10. "Position of authority" includes but is not
limited to any person who is a parent or acting in the place of
a parent and charged with any of a parent's rights, duties or
responsibilities to a child, or a person who is charged with any
duty or responsibility for the health, welfare, or supervision
of a child, either independently or through another, no matter
how brief, at the time of the act. For the purposes of
subdivision 11, "position of authority" includes a
psychotherapist.
Sec. 18. Minnesota Statutes 1992, section 609.341,
subdivision 17, is amended to read:
Subd. 17. "Psychotherapist" means a person who is or
purports to be a physician, psychologist, nurse, chemical
dependency counselor, social worker, clergy, marriage and family
therapist counselor, or other mental health service provider,;
or any other person, whether or not licensed by the state, who
performs or purports to perform psychotherapy.
Sec. 19. Minnesota Statutes 1992, section 609.341,
subdivision 19, is amended to read:
Subd. 19. "Emotionally dependent" means that the nature of
the patient's or former patient's emotional condition and the
nature of the treatment provided by the psychotherapist are such
that the psychotherapist knows or has reason to know that the
patient or former patient is unable to withhold consent to
sexual contact or sexual penetration by the psychotherapist.
Sec. 20. Minnesota Statutes 1992, section 609.344,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual penetration with another person is guilty of criminal
sexual conduct in the third degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant shall be a defense;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 24 months older than the
complainant. In any such case it shall be an affirmative
defense, which must be proved by a preponderance of the
evidence, that the actor believes the complainant to be 16 years
of age or older. If the actor in such a case is no more than 48
months but more than 24 months older than the complainant, the
actor may be sentenced to imprisonment for not more than five
years. Consent by the complainant is not a defense;
(c) the actor uses force or coercion to accomplish the
penetration;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual penetration. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual penetration, and:
(i) the actor or an accomplice used force or coercion to
accomplish the penetration;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual penetration
occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
patient or former patient of the psychotherapist and the patient
or former patient is emotionally dependent upon the
psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual penetration occurred by
means of therapeutic deception. Consent by the complainant is
not a defense; or
(k) the actor accomplishes the sexual penetration by means
of deception or false representation that the penetration is for
a bona fide medical purpose by a health care professional.
Consent by the complainant is not a defense; or
(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:
(i) the sexual penetration occurred during the course of a
meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual penetration occurred during a period of
time in which the complainant was meeting on an ongoing basis
with the actor to seek or receive religious or spiritual advice,
aid, or comfort in private.
Consent by the complainant is not a defense.
Sec. 21. Minnesota Statutes 1992, section 609.345,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual contact with another person is guilty of criminal sexual
conduct in the fourth degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is no more than 36 months older than the complainant. Neither
mistake as to the complainant's age or consent to the act by the
complainant is a defense. In a prosecution under this clause,
the state is not required to prove that the sexual contact was
coerced;
(b) the complainant is at least 13 but less than 16 years
of age and the actor is more than 48 months older than the
complainant or in a position of authority over the complainant
and uses this authority to cause the complainant to submit. In
any such case, it shall be an affirmative defense which must be
proved by a preponderance of the evidence that the actor
believes the complainant to be 16 years of age or older;
(c) the actor uses force or coercion to accomplish the
sexual contact;
(d) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(e) the complainant is at least 16 but less than 18 years
of age and the actor is more than 48 months older than the
complainant and in a position of authority over the complainant,
and uses this authority to cause the complainant to submit.
Neither mistake as to the complainant's age nor consent to the
act by the complainant is a defense;
(f) the actor has a significant relationship to the
complainant and the complainant was at least 16 but under 18
years of age at the time of the sexual contact. Neither mistake
as to the complainant's age nor consent to the act by the
complainant is a defense;
(g) the actor has a significant relationship to the
complainant, the complainant was at least 16 but under 18 years
of age at the time of the sexual contact, and:
(i) the actor or an accomplice used force or coercion to
accomplish the contact;
(ii) the complainant suffered personal injury; or
(iii) the sexual abuse involved multiple acts committed
over an extended period of time.
Neither mistake as to the complainant's age nor consent to
the act by the complainant is a defense;
(h) the actor is a psychotherapist and the complainant is a
patient of the psychotherapist and the sexual contact occurred:
(i) during the psychotherapy session; or
(ii) outside the psychotherapy session if an ongoing
psychotherapist-patient relationship exists.
Consent by the complainant is not a defense;
(i) the actor is a psychotherapist and the complainant is a
patient or former patient of the psychotherapist and the patient
or former patient is emotionally dependent upon the
psychotherapist;
(j) the actor is a psychotherapist and the complainant is a
patient or former patient and the sexual contact occurred by
means of therapeutic deception. Consent by the complainant is
not a defense; or
(k) the actor accomplishes the sexual contact by means
of deception or false representation that the contact is for a
bona fide medical purpose by a health care professional.
Consent by the complainant is not a defense; or
(1) the actor is or purports to be a member of the clergy,
the complainant is not married to the actor, and:
(i) the sexual contact occurred during the course of a
meeting in which the complainant sought or received religious or
spiritual advice, aid, or comfort from the actor in private; or
(ii) the sexual contact occurred during a period of time in
which the complainant was meeting on an ongoing basis with the
actor to seek or receive religious or spiritual advice, aid, or
comfort in private.
Consent by the complainant is not a defense.
Sec. 22. Minnesota Statutes 1992, section 609.378,
subdivision 1, is amended to read:
Subdivision 1. [PERSONS GUILTY OF NEGLECT OR
ENDANGERMENT.] The following people are guilty of neglect or
endangerment 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.
(a) [NEGLECT.] (1) A parent, legal guardian, or caretaker
who willfully deprives a child of necessary food, clothing,
shelter, health care, or supervision appropriate to the child's
age, when the parent, guardian, or caretaker is reasonably able
to make the necessary provisions and the deprivation
substantially harms or is likely to substantially harm the
child's physical, mental, or emotional health is guilty of
neglect 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 deprivation results in substantial harm
to the child's physical, mental, or emotional health, the person
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. If a
parent, guardian, or caretaker 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,
this treatment or care is "health care," for purposes of this
clause.
(2) A parent, legal guardian, or caretaker who knowingly
permits the continuing physical or sexual abuse of a child is
guilty of neglect 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.
(b) [ENDANGERMENT.] A parent, legal guardian, or caretaker
who endangers the child's person or health by:
(1) intentionally or recklessly causing or permitting a
child to be placed in a situation likely to substantially harm
the child's physical or, mental, or emotional health or cause
the child's death; or
(2) knowingly causing or permitting the child to be present
where any person is selling or possessing a controlled
substance, as defined in section 152.01, subdivision 4, in
violation of section 152.021, 152.022, 152.023, or 152.024; is
guilty of child endangerment 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 endangerment results in substantial harm to the
child's physical, mental, or emotional health, the person 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.
This paragraph does not prevent a parent, legal guardian,
or caretaker from causing or permitting a child to engage in
activities that are appropriate to the child's age, stage of
development, and experience, or from selecting health care as
defined in subdivision 1, paragraph (a).
(c) [ENDANGERMENT BY FIREARM ACCESS.] A person who
intentionally or recklessly causes a child under 14 years of age
to be placed in a situation likely to substantially harm the
child's physical health or cause the child's death as a result
of the child's access to a loaded firearm is guilty of child
endangerment 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 endangerment results in substantial harm to the
child's physical health, the person 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.
Sec. 23. [609.493] [SOLICITATION OF MENTALLY IMPAIRED
PERSONS.]
Subdivision 1. [CRIME.] A person is guilty of a crime and
may be sentenced as provided in subdivision 2 if the person
solicits a mentally impaired person 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.
Subd. 3. [DEFINITIONS.] As used in this section:
(1) "mentally impaired person" means a person who, as a
result of inadequately developed or impaired intelligence or a
substantial psychiatric disorder of thought or mood, lacks the
judgment to give a reasoned consent to commit the criminal act;
and
(2) "solicit" means commanding, entreating, or attempting
to persuade a specific person.
Sec. 24. Minnesota Statutes 1992, section 609.494, is
amended to read:
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 is
an adult and solicits or conspires with a minor to commit a
criminal crime or delinquent act or is an accomplice to a minor
in the commission of a crime or delinquent act.
Subd. 2. [SENTENCE.] (a) A person who violates subdivision
1 is guilty of a misdemeanor if the intended criminal act is a
misdemeanor or would be a misdemeanor if committed by an adult,
and is guilty of a gross misdemeanor if the intended criminal
act is a gross misdemeanor or would be a gross misdemeanor if
committed by an adult.
(b) A person who violates subdivision 1 is guilty of a
felony if the intended criminal act is a felony or would be a
felony if committed by an adult, 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.
Subd. 3. [MULTIPLE SENTENCES.] Notwithstanding section
609.04, a prosecution for or conviction under this section 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. [CONSECUTIVE SENTENCES.] Notwithstanding any
provision of the sentencing guidelines, the court may provide
that a sentence imposed for a violation of this section shall
run consecutively to any sentence imposed for the intended
criminal act. A decision by the court to impose consecutive
sentences under this subdivision is not a departure from the
sentencing guidelines.
Subd. 5. [DEFINITION.] "Solicit" means commanding,
entreating, or attempting to persuade a specific person.
Sec. 25. Minnesota Statutes 1992, section 609.495, is
amended to read:
609.495 [AIDING AN OFFENDER TO AVOID ARREST.]
Subdivision 1. Whoever harbors, conceals, or aids another
known by the actor to have committed a felony under the laws of
this or another state or of the United States with intent that
such offender shall avoid or escape from arrest, trial,
conviction, or punishment, 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.
Subd. 2. This section does not apply if the actor at the
time of harboring, concealing, or aiding an offender in
violation of subdivision 1, or aiding an offender in violation
of subdivision 3, is related to the offender as spouse, parent,
or child.
Subd. 3. Whoever intentionally aids another person known
by the actor to have committed a criminal act, by destroying or
concealing evidence of that crime, providing false or misleading
information about that crime, receiving the proceeds of that
crime, or otherwise obstructing the investigation or prosecution
of that crime is an accomplice after the fact and may be
sentenced to not more than one-half of the statutory maximum
sentence of imprisonment or to payment of a fine of not more
than one-half of the maximum fine that could be imposed on the
principal offender for the crime of violence. For purposes of
this subdivision, "criminal act" means an act that is a crime
listed in section 609.11, subdivision 9, under the laws of this
or another state, or of the United States, and also includes an
act that would be a criminal act if committed by an adult.
Sec. 26. Minnesota Statutes 1992, section 609.505, is
amended to read:
609.505 [FALSELY REPORTING CRIME.]
Whoever informs a law enforcement officer that a crime has
been committed, knowing that it is false and intending that the
officer shall act in reliance upon it, is guilty of a
misdemeanor. A person who is convicted a second or subsequent
time under this section is guilty of a gross misdemeanor.
Sec. 27. Minnesota Statutes 1992, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5317, 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, the department of natural resources division of
enforcement, the University of Minnesota police department, 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; 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, 5, 8, and
12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893;
617.246; or a gross misdemeanor or felony violation of section
609.891; or any violation of section 609.324.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
Sec. 28. Minnesota Statutes 1992, section 609.531,
subdivision 5a, is amended to read:
Subd. 5a. [BOND BY OWNER FOR POSSESSION.] (a) If the owner
of property that has been seized under sections 609.531 to
609.5317 seeks possession of the property before the forfeiture
action is determined, the owner may, subject to the approval of
the appropriate agency, give security or post bond payable to
the appropriate agency in an amount equal to the retail value of
the seized property. On posting the security or bond, the
seized property must be returned to the owner and the forfeiture
action shall proceed against the security as if it were the
seized property. This subdivision does not apply to contraband
property.
(b) If the owner of a motor vehicle that has been seized
under this section seeks possession of the vehicle before the
forfeiture action is determined, the owner may surrender the
vehicle's certificate of title in exchange for the vehicle. The
motor vehicle must be returned to the owner within 24 hours if
the owner surrenders the motor vehicle's certificate of title to
the appropriate agency, pending resolution of the forfeiture
action. If the certificate is surrendered, the owner may not be
ordered to post security or bond as a condition of release of
the vehicle. When a certificate of title is surrendered under
this provision, the agency shall notify the department of public
safety and any secured party noted on the certificate. The
agency shall also notify the department and the secured party
when it returns a surrendered title to the motor vehicle owner.
Sec. 29. Minnesota Statutes 1992, section 609.5312, is
amended by adding a subdivision to read:
Subd. 3. [VEHICLE FORFEITURE FOR PROSTITUTION
OFFENSES.] (a) A motor vehicle is subject to forfeiture under
this subdivision if it was used to commit or facilitate, or used
during the commission of, a violation of section 609.324 or a
violation of a local ordinance substantially similar to section
609.324. A motor vehicle is subject to forfeiture under this
subdivision only if the offense is established by proof of a
criminal conviction for the offense. Except as otherwise
provided in this subdivision, a forfeiture under this
subdivision is governed by sections 609.531, 609.5312, and
609.5313.
(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.324 or a local ordinance substantially similar to section
609.324. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification
required by paragraph (b);
(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or
(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.
(d) If the defendant is acquitted or prostitution charges
against the defendant are dismissed, neither the owner nor the
defendant is responsible for paying any costs associated with
the seizure or storage of the vehicle.
(e) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.
Sec. 30. Minnesota Statutes 1992, section 609.5315, is
amended by adding a subdivision to read:
Subd. 5a. [DISPOSITION OF CERTAIN FORFEITED PROCEEDS;
PROSTITUTION.] The proceeds from the sale of motor vehicles
forfeited under section 609.5312, subdivision 3, after payment
of seizure, storage, forfeiture, and sale expenses, and
satisfaction of valid liens against the vehicle, shall be
distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the
appropriate agency for deposit as a supplement to the agency's
operating fund or similar fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the
city attorney or other prosecuting agency that handled the
forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be
forwarded to the city treasury for distribution to neighborhood
crime prevention programs.
Sec. 31. Minnesota Statutes 1992, section 609.585, is
amended to read:
609.585 [DOUBLE JEOPARDY.]
Notwithstanding section 609.04, a prosecution for or
conviction of the crime of burglary is not a bar to conviction
of or punishment for any other crime committed on entering or
while in the building entered.
Sec. 32. Minnesota Statutes 1992, section 609.605,
subdivision 1, is amended to read:
Subdivision 1. [MISDEMEANOR.] (a) The following terms have
the meanings given them for purposes of this section.
(i) "Premises" means real property and any appurtenant
building or structure.
(ii) "Dwelling" means the building or part of a building
used by an individual as a place of residence on either a
full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home
as defined in section 168.011, subdivision 8.
(iii) "Construction site" means the site of the
construction, alteration, painting, or repair of a building or
structure.
(iv) "Owner or lawful possessor," as used in clause (8),
means the person on whose behalf a building or dwelling is being
constructed, altered, painted, or repaired and the general
contractor or subcontractor engaged in that work.
(v) "Posted," as used in clause (8), means the placement of
a sign at least 11 inches square in a conspicuous place on the
exterior of the building that is under construction, alteration,
or repair, and additional signs in at least two conspicuous
places for each ten acres being protected. The sign must carry
an appropriate notice and the name of the person giving the
notice, followed by the word "owner" if the person giving the
notice is the holder of legal title to the land on which the
construction site is located or by the word "occupant" if the
person giving the notice is not the holder of legal title but is
a lawful occupant of the land.
(vi) "Business licensee," as used in paragraph (b), clause
(8), includes a representative of a building trades labor or
management organization.
(vii) "Building" has the meaning given in section 609.581,
subdivision 2.
(b) A person is guilty of a misdemeanor if the person
intentionally:
(1) permits domestic animals or fowls under the actor's
control to go on the land of another within a city;
(2) interferes unlawfully with a monument, sign, or pointer
erected or marked to designate a point of a boundary, line or a
political subdivision, or of a tract of land;
(3) trespasses on the premises of another and, without
claim of right, refuses to depart from the premises on demand of
the lawful possessor;
(4) occupies or enters the dwelling or locked or posted
building of another, without claim of right or consent of the
owner or the consent of one who has the right to give consent,
except in an emergency situation;
(5) enters the premises of another with intent to take or
injure any fruit, fruit trees, or vegetables growing on the
premises, without the permission of the owner or occupant;
(6) enters or is found on the premises of a public or
private cemetery without authorization during hours the cemetery
is posted as closed to the public; or
(7) returns to the property of another with the intent to
harass, abuse, or threaten another, after being told to leave
the property and not to return, if the actor is without claim of
right to the property or consent of one with authority to
consent;
(8) returns to the property of another within 30 days after
being told to leave the property and not to return, if the actor
is without claim of right to the property or consent of one with
authority to consent; or
(9) enters the locked or posted construction site of
another without the consent of the owner or lawful possessor,
unless the person is a business licensee.
Sec. 33. Minnesota Statutes 1992, section 609.71, is
amended to read:
609.71 [RIOT.]
Subdivision 1. [RIOT FIRST DEGREE.] When three or more
persons assembled disturb the public peace by an intentional act
or threat of unlawful force or violence to person or property
and a death results, and one of the persons is armed with a
dangerous weapon, that person is guilty of riot first degree and
may be sentenced to imprisonment for not more than 20 years or
to payment of a fine of not more than $35,000, or both.
Subd. 2. [RIOT SECOND DEGREE.] When three or more persons
assembled disturb the public peace by an intentional act or
threat of unlawful force or violence to person or property, each
participant who is armed with a dangerous weapon or knows that
any other participant is armed with a dangerous weapon is guilty
of riot second degree 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. 3. [RIOT THIRD DEGREE.] When three or more persons
assembled disturb the public peace by an intentional act or
threat of unlawful force or violence to person or property, each
participant therein is guilty of riot third degree and may be
sentenced to imprisonment for not more than one year or to
payment of a fine of not more than $1,000, or both, or, if the
offender, or to the offender's knowledge any other participant,
is armed with a dangerous weapon or is disguised, to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
Sec. 34. Minnesota Statutes 1992, section 609.713,
subdivision 1, is amended to read:
Subdivision 1. Whoever threatens, directly or indirectly,
to commit any crime of violence with purpose to terrorize
another or to cause evacuation of a building, place of assembly
or facility of public transportation or otherwise to cause
serious public inconvenience, or in a reckless disregard of the
risk of causing such terror or inconvenience may be sentenced to
imprisonment for not more than five years. As used in this
subdivision, "crime of violence" has the meaning given "violent
crime" in section 609.152, subdivision 1, paragraph (d).
Sec. 35. Minnesota Statutes 1992, section 609.856,
subdivision 1, is amended to read:
Subdivision 1. [ACTS CONSTITUTING.] Whoever has in
possession or uses a radio or device capable of receiving or
transmitting a police radio signal, message, or transmission of
information used for law enforcement purposes, while in the
commission of a felony or violation of section 609.487 or the
attempt to commit a felony or violation of section 609.487, 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. Notwithstanding section 609.04, a prosecution
for or conviction of the crime of use or possession of a police
radio under this section is not a bar to conviction of or
punishment for any other crime committed while possessing or
using the police radio by the defendant as part of the same
conduct.
Sec. 36. Minnesota Statutes 1992, 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 three years after
the offense was reported to law enforcement authorities.
(d) Indictments or complaints for violation of sections
609.342 to 609.344 if the victim was 18 years old or older 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.
(e) 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.
(f) 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.
(g) 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.
(h) 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.
(i) The limitations periods contained in this section shall
exclude any period of time during which the defendant was not an
inhabitant of or usually resident within this state.
Sec. 37. Minnesota Statutes 1992, section 641.14, is
amended to read:
641.14 [JAILS; SEPARATION OF PRISONERS.]
The sheriff of each county is responsible for the operation
and condition of the jail. If construction of the jail permits,
the sheriff shall maintain strict separation of prisoners to the
extent that separation is consistent with prisoners' security,
safety, health, and welfare. The sheriff shall not keep in the
same room or section of the jail:
(1) a minor under 18 years old and a prisoner who is 18
years old or older, unless the minor has been committed to the
commissioner of corrections under section 609.105 or the minor
has been referred for adult prosecution and the prosecuting
authority has filed a notice of intent to prosecute the matter
for which the minor is being held under section 260.125; and
(2) an insane prisoner and another prisoner;
(3) a prisoner awaiting trial and a prisoner who has been
convicted of a crime;
(4) a prisoner awaiting trial and another prisoner awaiting
trial, unless consistent with the safety, health, and welfare of
both; and
(5) a female prisoner and a male prisoner.
Sec. 38. Laws 1992, chapter 571, article 7, section 13,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The supreme court shall
conduct a study of the juvenile justice system. To conduct the
study, the court shall convene an advisory task force on the
juvenile justice system, consisting of the following 20 27
members:
(1) four judges appointed by the chief justice of the
supreme court;
(2) two three members of the house of representatives, one
of whom must be a member of the minority party, appointed by the
speaker, and two three members of the senate, one of whom must
be a member of the minority party, appointed by the subcommittee
on committees of the senate committee on rules and
administration;
(3) two professors of law appointed by the chief justice of
the supreme court;
(4) the state public defender;
(5) one county attorney who is responsible for juvenile
court matters, appointed by the chief justice of the supreme
court on recommendation of the Minnesota county attorneys
association;
(6) two corrections administrators appointed by the
governor, one from a community corrections act county and one
from a noncommunity corrections act county;
(7) the commissioner of human services;
(8) the commissioner of corrections;
(9) two public members appointed by the governor, one of
whom is a victim of crime, and five public members appointed by
the chief justice of the supreme court; and
(10) two law enforcement officers who are responsible for
juvenile delinquency matters, appointed by the governor.
Sec. 39. [CONFERENCE OF CHIEF JUDGES; STUDY REQUESTED.]
The conference of chief judges is requested to study
whether the rules of criminal procedure should be changed to
make the pretrial procedures for gross misdemeanor offenses the
same as those currently applicable to misdemeanor offenses.
Sec. 40. [REPEALER.]
Minnesota Statutes 1992, section 609.131, subdivision 1a,
is repealed.
Sec. 41. [EFFECTIVE DATE.]
(a) Sections 1 to 9, and 11 to 39 are effective August 1,
1993, and apply to crimes committed on or after that date.
Section 40 is effective retroactive to April 30, 1992, and
applies to cases pending on or after that date.
(b) Section 10 is effective August 1, 1993, and applies to
crimes committed on or after that date, but previous convictions
occurring before that date may serve as the basis for enhancing
penalties under section 10.
Sec. 42. [APPLICATION.]
Section 4 applies in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
Sec. 43. [APPLICATION.]
The intent of section 36 is to clarify the provisions of
Minnesota Statutes, section 628.26.
ARTICLE 5
ARSON CRIMES AND RELATED OFFENSES
Section 1. Minnesota Statutes 1992, section 299F.04, is
amended by adding a subdivision to read:
Subd. 5. [NOTIFICATION.] (a) As used in this subdivision,
"chief officer" means the city fire marshal or chief officer of
a law enforcement agency's arson investigation unit in a city of
the first class.
(b) The officer making investigation of a fire resulting in
a human death shall immediately notify either the state fire
marshal or a chief officer. The state fire marshal or chief
officer may conduct an investigation to establish the origin and
cause regarding the circumstance of the death. If the chief
officer undertakes the investigation, the officer shall promptly
notify the state fire marshal of the investigation and, after
the investigation is completed, shall forward a copy of the
investigative report to the state fire marshal. Unless the
investigating officer does so, the state fire marshal or chief
officer shall immediately notify the appropriate coroner or
medical examiner of a human death occurring as a result of a
fire. The coroner or medical examiner shall perform an autopsy
in the case of a human death as provided in section 390.11,
subdivision 2a, or 390.32, subdivision 2a, as appropriate.
Sec. 2. Minnesota Statutes 1992, section 299F.811, is
amended to read:
299F.811 [POSSESSION FOR CRIMINAL PURPOSE OF EXPLOSIVE OR
INCENDIARY DEVICE.]
Whoever possesses, manufactures, or transports any
explosive compound, timing or detonating device for use with any
explosive compound or incendiary device and either intends to
use the explosive or device to commit a crime or knows that
another intends to use the explosive or device to commit a crime
is not licensed to so possess an explosive compound or device,
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.
Sec. 3. Minnesota Statutes 1992, section 299F.815,
subdivision 1, is amended to read:
Subdivision 1. [UNLAWFUL PURPOSE POSSESSION.] (a) Whoever
shall possess, manufacture, transport, or store a chemical
self-igniting device or a molotov cocktail with intent to use
the same for any unlawful purpose 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) Whoever possesses, manufactures, transports, or stores
a device or compound that, when used or mixed has the potential
to cause an explosion, with intent to use the device or compound
to damage property or cause injury, 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.
Sec. 4. Minnesota Statutes 1992, section 390.11, is
amended by adding a subdivision to read:
Subd. 2a. [DEATHS CAUSED BY FIRE; AUTOPSIES.] The coroner
shall conduct an autopsy in the case of any human death reported
to the coroner by the state fire marshal or a chief officer
under section 299F.04, subdivision 5, and apparently caused by
fire.
Sec. 5. Minnesota Statutes 1992, section 390.32, is
amended by adding a subdivision to read:
Subd. 2a. [DEATHS CAUSED BY FIRE; AUTOPSIES.] The medical
examiner shall conduct an autopsy in the case of any human death
reported to the medical examiner by the state fire marshal or a
chief officer under section 299F.04, subdivision 5, and
apparently caused by fire.
Sec. 6. Minnesota Statutes 1992, section 609.02,
subdivision 6, is amended to read:
Subd. 6. [DANGEROUS WEAPON.] "Dangerous weapon" means any
firearm, whether loaded or unloaded, or any device designed as a
weapon and capable of producing death or great bodily harm, or
any combustible or flammable liquid or other device or
instrumentality that, in the manner it is used or intended to be
used, is calculated or likely to produce death or great bodily
harm, or any fire that is used to produce death or great bodily
harm.
As used in this subdivision, "flammable liquid" means Class
I flammable liquids as defined in section 9.108 of the Uniform
Fire Code any liquid having a flash point below 100 degrees
Fahrenheit and having a vapor pressure not exceeding 40 pounds
per square inch (absolute) at 100 degrees Fahrenheit but does
not include intoxicating liquor as defined in section 340A.101.
As used in this subdivision, "combustible liquid" is a liquid
having a flash point at or above 100 degrees Fahrenheit.
Sec. 7. Minnesota Statutes 1992, section 609.562, is
amended to read:
609.562 [ARSON IN THE SECOND DEGREE.]
Whoever unlawfully by means of fire or explosives,
intentionally destroys or damages any building not covered by
section 609.561, no matter what its value, or any other real or
personal property valued at more than $2,500 $1,000, whether the
property of the actor or another, 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.
Sec. 8. Minnesota Statutes 1992, section 609.563,
subdivision 1, is amended to read:
Subdivision 1. Whoever unlawfully by means of fire or
explosives, intentionally destroys or damages any real or
personal property may be sentenced to imprisonment for not more
than five years or to payment of a fine of $10,000, or both, if:
(a) the property intended by the accused to be damaged or
destroyed had a value of more than $300 but less
than $2,500 $1,000; or
(b) property of the value of $300 or more was
unintentionally damaged or destroyed but such damage or
destruction could reasonably have been foreseen; or
(c) the property specified in clauses (a) and (b) in the
aggregate had a value of $300 or more.
Sec. 9. Minnesota Statutes 1992, section 609.576,
subdivision 1, is amended to read:
Subdivision 1. [NEGLIGENT FIRE RESULTING IN INJURY OR
PROPERTY DAMAGE.] 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 five years or to payment of a fine
of not more than $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 payment of a fine of $3,000, or both, if the value of the
property damaged is at least $300 but is less
than $10,000 $2,500;
(3) to imprisonment for not less than 90 days nor more than
three years, or to payment of a fine of not more than $5,000, or
both, if the value of the property damaged is $10,000 $2,500 or
more.
Sec. 10. Minnesota Statutes 1992, section 609.686, is
amended to read:
609.686 [FALSE FIRE ALARMS; TAMPERING WITH OR INJURING A
FIRE ALARM SYSTEM.]
Subdivision 1. [MISDEMEANOR.] Whoever intentionally gives
a false alarm of fire, or unlawfully tampers or interferes with
any fire alarm system, fire protection device, or the station or
signal box of any fire alarm system or any auxiliary fire
appliance, or unlawfully breaks, injures, defaces, or removes
any such system, device, box or station, or unlawfully breaks,
injures, destroys, disables, renders inoperable, or disturbs any
of the wires, poles, or other supports and appliances connected
with or forming a part of any fire alarm system or fire
protection device or any auxiliary fire appliance is guilty of a
misdemeanor.
Subd. 2. [FELONY.] Whoever violates subdivision 1 by
tampering and knows or has reason to know that the tampering
creates the potential for bodily harm or the tampering results
in bodily harm 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. 3. [TAMPERING.] For purpose of this section,
tampering means to intentionally disable, alter, or change the
fire alarm system, fire protective device, or the station or
signal box of any fire alarm system of any auxiliary fire
appliance, with knowledge that it will be disabled or rendered
inoperable.
Sec. 11. Minnesota Statutes 1992, section 609.902,
subdivision 4, is amended to read:
Subd. 4. [CRIMINAL ACT.] "Criminal act" means conduct
constituting, or a conspiracy or attempt to commit, a felony
violation of chapter 152, or a felony violation of section
297D.09; 299F.79; 299F.80; 299F.811; 299F.815; 299F.82; 609.185;
609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223;
609.2231; 609.228; 609.235; 609.245; 609.25; 609.27; 609.322;
609.323; 609.342; 609.343; 609.344; 609.345; 609.42; 609.48;
609.485; 609.495; 609.496; 609.497; 609.498; 609.52, subdivision
2, if the offense is punishable under subdivision 3, clause
(3)(b) or clause 3(d)(v) or (vi); section 609.52, subdivision 2,
clause (4); 609.53; 609.561; 609.562; 609.582, subdivision 1 or
2; 609.67; 609.687; 609.713; 609.86; 624.713; or 624.74.
"Criminal act" also includes conduct constituting, or a
conspiracy or attempt to commit, a felony violation of section
609.52, subdivision 2, clause (3), (4), (15), or (16) if the
violation involves an insurance company as defined in section
60A.02, subdivision 4, a nonprofit health service plan
corporation regulated under chapter 62C, a health maintenance
organization regulated under chapter 62D, or a fraternal benefit
society regulated under chapter 64B.
Sec. 12. Minnesota Statutes 1992, 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 three years after
the offense was reported to law enforcement authorities.
(d) Indictments or complaints for violation of sections
609.342 to 609.344 if the victim was 18 years old or older 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.
(e) 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.
(f) 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.
(g) 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.
(h) Indictments or complaints for violation of sections
609.561 to 609.563, shall be found or made and filed in the
proper court within five years after the commission of the
offense.
(i) 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. 13. [EFFECTIVE DATE.]
Sections 2, 3, and 6 to 12 are effective August 1, 1993,
and apply to crimes committed on or after that date.
ARTICLE 6
CRIME VICTIMS
Section 1. [169.042] [TOWING; NOTICE TO VICTIM OF VEHICLE
THEFT; FEES PROHIBITED.]
Subdivision 1. [NOTIFICATION.] A law enforcement agency
shall make a reasonable and good-faith effort to notify the
victim of a reported vehicle theft within 48 hours after the
agency recovers the vehicle. The notice must specify when the
agency expects to release the vehicle to the owner and how the
owner may pick up the vehicle.
Subd. 2. [VIOLATION DISMISSAL.] A traffic violation
citation given to the owner of the vehicle as a result of the
vehicle theft must be dismissed if the owner presents, by mail
or in person, a police report or other verification that the
vehicle was stolen at the time of the violation.
Sec. 2. [260.013] [SCOPE OF VICTIM RIGHTS.]
The rights granted to victims of crime in sections 611A.01
to 611A.06 are applicable to adult criminal cases, juvenile
delinquency proceedings, juvenile traffic proceedings involving
driving under the influence of alcohol or drugs, and proceedings
involving any other act committed by a juvenile that would be a
crime as defined in section 609.02, if committed by an adult.
Sec. 3. Minnesota Statutes 1992, section 260.193,
subdivision 8, is amended to read:
Subd. 8. If the juvenile court finds that the child is a
juvenile major highway or water traffic offender, it may make
any one or more of the following dispositions of the case:
(a) Reprimand the child and counsel with the child and the
parents;
(b) Continue the case for a reasonable period under such
conditions governing the child's use and operation of any motor
vehicles or boat as the court may set;
(c) Require the child to attend a driver improvement school
if one is available within the county;
(d) Recommend to the department of public safety suspension
of the child's driver's license as provided in section 171.16;
(e) If the child is found to have committed two moving
highway traffic violations or to have contributed to a highway
accident involving death, injury, or physical damage in excess
of $100, the court may recommend to the commissioner of public
safety or to the licensing authority of another state the
cancellation of the child's license until the child reaches the
age of 18 years, and the commissioner of public safety is hereby
authorized to cancel the license without 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, or to the licensing authority of another state, that the
child's license be returned, and the commissioner of public
safety is authorized to return the license;
(f) Place the child under the supervision of a probation
officer in the child's own home under conditions prescribed by
the court including reasonable rules relating to operation and
use of motor vehicles or boats directed to the correction of the
child's driving habits;
(g) If the child is found to have violated a state or local
law or ordinance and the violation resulted in damage to the
person or property of another, the court may order the child to
make reasonable restitution for the damage;
(h) 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;
(h) (i) If the court finds that the child committed an
offense described in section 169.121, the court shall order that
a chemical use assessment be conducted and a report submitted to
the court in the manner prescribed in section 169.126. If the
assessment concludes that the child meets the level of care
criteria for placement under rules adopted under section
254A.03, subdivision 3, the report must recommend a level of
care for the child. The court may require that level of care in
its disposition order. In addition, the court may require any
child ordered to undergo an assessment to pay a chemical
dependency assessment charge of $75. The court shall forward
the assessment charge to the commissioner of finance to be
credited to the general fund. The state shall reimburse
counties for the total cost of the assessment in the manner
provided in section 169.126, subdivision 4c.
Sec. 4. Minnesota Statutes 1992, section 260.251,
subdivision 1, is amended to read:
Subdivision 1. [CARE, EXAMINATION, OR TREATMENT.] (a)
Except where parental rights are terminated,
(1) whenever legal custody of a child is transferred by the
court to a county welfare board, or
(2) whenever legal custody is transferred to a person other
than the county welfare board, but under the supervision of the
county welfare board,
(3) whenever a child is given physical or mental
examinations or treatment under order of the court, and no
provision is otherwise made by law for payment for the care,
examination, or treatment of the child, these costs are a charge
upon the welfare funds of the county in which proceedings are
held upon certification of the judge of juvenile court.
(b) The court shall order, and the county welfare board
shall require, the parents or custodian of a child, while the
child is under the age of 18, to use the total income and
resources attributable to the child for the period of care,
examination, or treatment, except for clothing and personal
needs allowance as provided in section 256B.35, to reimburse the
county for the cost of care, examination, or treatment. Income
and resources attributable to the child include, but are not
limited to, social security benefits, supplemental security
income (SSI), veterans benefits, railroad retirement benefits
and child support. When the child is over the age of 18, and
continues to receive care, examination, or treatment, the court
shall order, and the county welfare board shall require,
reimbursement from the child for the cost of care, examination,
or treatment from the income and resources attributable to the
child less the clothing and personal needs allowance.
(c) If the income and resources attributable to the child
are not enough to reimburse the county for the full cost of the
care, examination, or treatment, the court shall inquire into
the ability of the parents to support the child and, after
giving the parents a reasonable opportunity to be heard, the
court shall order, and the county welfare board shall require,
the parents to contribute to the cost of care, examination, or
treatment of the child. Except in delinquency cases where the
victim is a member of the child's immediate family, when
determining the amount to be contributed by the parents, the
court shall use a fee schedule based upon ability to pay that is
established by the county welfare board and approved by the
commissioner of human services. In delinquency cases where the
victim is a member of the child's immediate family, the court
shall use the fee schedule, but may also take into account the
seriousness of the offense and any expenses which the parents
have incurred as a result of the offense. The income of a
stepparent who has not adopted a child shall be excluded in
calculating the parental contribution under this section.
(d) The court shall order the amount of reimbursement
attributable to the parents or custodian, or attributable to the
child, or attributable to both sources, withheld under chapter
518 from the income of the parents or the custodian of the
child. A parent or custodian who fails to pay without good
reason may be proceeded against for contempt, or the court may
inform the county attorney, who shall proceed to collect the
unpaid sums, or both procedures may be used.
(e) If the court orders a physical or mental examination
for a child, the examination is a medically necessary service
for purposes of determining whether the service is covered by a
health insurance policy, health maintenance contract, or other
health coverage plan. Court-ordered treatment shall be subject
to policy, contract, or plan requirements for medical
necessity. Nothing in this paragraph changes or eliminates
benefit limits, conditions of coverage, copayments or
deductibles, provider restrictions, or other requirements in the
policy, contract, or plan that relate to coverage of other
medically necessary services.
Sec. 5. Minnesota Statutes 1992, section 540.18,
subdivision 1, is amended to read:
Subdivision 1. The parent or guardian of the person of a
minor who is under the age of 18 and who is living with the
parent or guardian and who willfully or maliciously causes
injury to any person or damage to any property is jointly and
severally liable with such minor for such injury or damage to an
amount not exceeding $500 $1,000, if such minor would have been
liable for such injury or damage if the minor had been an adult.
Nothing in this subdivision shall be construed to relieve such
minor from personal liability for such injury or damage. The
liability provided in this subdivision is in addition to and not
in lieu of any other liability which may exist at law. Recovery
under this section shall be limited to special damages.
Sec. 6. [611A.015] [SCOPE OF VICTIM RIGHTS.]
The rights afforded to crime victims in sections 611A.01 to
611A.06 are applicable to adult criminal cases, juvenile
delinquency proceedings, juvenile traffic proceedings involving
driving under the influence of alcohol or drugs, and proceedings
involving any other act committed by a juvenile that would be a
crime as defined in section 609.02, if committed by an adult.
Sec. 7. Minnesota Statutes 1992, section 611A.02,
subdivision 2, is amended to read:
Subd. 2. [VICTIMS' RIGHTS.] (a) The commissioner of public
safety, in consultation with The crime victim and witness
advisory council, must shall develop a notice two model notices
of the rights of crime victims. The notice must include a form
for the preparation of a preliminary written victim impact
summary. A preliminary victim impact summary is a concise
statement of the immediate and expected damage to the victim as
a result of the crime. A victim desiring to file a preliminary
victim impact summary must file the summary with the
investigating officer no more than five days after the victim
receives the notice from a peace officer. If a preliminary
victim impact statement is filed with the investigating officer,
it must be sent to the prosecutor with other investigative
materials. If a prosecutor has received a preliminary victim
impact summary, the prosecutor must present the summary to the
court. This subdivision does not relieve a probation officer of
the notice requirements imposed by section 611A.037, subdivision
2.
(b) The initial notice of the rights of crime victims must
be distributed by a peace officer to each victim, as defined in
section 611A.01, when the peace officer takes a formal statement
from the victim. A peace officer is not obligated to distribute
the notice if a victim does not make a formal statement at the
time of initial contact with the victim. The notice must inform
a victim of:
(1) the victim's right to request restitution under section
611A.04 apply for reparations to cover losses, not including
property losses, resulting from a violent crime and the
telephone number to call to request an application;
(2) the victim's right to be notified of any plea
negotiations under section 611A.03 request that the law
enforcement agency withhold public access to data revealing the
victim's identity under section 13.82, subdivision 10, paragraph
(d);
(3) the victim's right to be present at sentencing, and to
object orally or in writing to a proposed agreement or
disposition; and additional rights of domestic abuse victims as
described in section 629.341;
(4) the victim's right to be notified of the final
disposition of the case. information on the nearest crime victim
assistance program or resource; and
(5) the victim's rights, if an offender is charged, to be
informed of and participate in the prosecution process,
including the right to request restitution.
(c) A supplemental notice of the rights of crime victims
must be distributed by the city or county attorney's office to
each victim, within a reasonable time after the offender is
charged or petitioned. This notice must inform a victim of all
the rights of crime victims under this chapter.
Sec. 8. Minnesota Statutes 1992, section 611A.04,
subdivision 1, is amended to read:
Subdivision 1. [REQUEST; DECISION.] (a) A victim of a
crime has the right to receive restitution as part of the
disposition of a criminal charge or juvenile delinquency
proceeding against the offender if the offender is convicted or
found delinquent. The court, or a person or agency designated
by the court, shall request information from the victim to
determine the amount of restitution owed. The court or its
designee shall obtain the information from the victim in
affidavit form or by other competent evidence. Information
submitted relating to restitution must describe the items or
elements of loss, itemize the total dollar amounts of
restitution claimed, and specify the reasons justifying these
amounts, if restitution is in the form of money or property. A
request for restitution may include, but is not limited to, any
out-of-pocket losses resulting from the crime, including medical
and therapy costs, replacement of wages and services, and
funeral expenses. In order to be considered at the sentencing
or dispositional hearing, all information regarding restitution
must be received by the court administrator of the appropriate
court and must also be provided to the offender at least three
business days before the sentencing or dispositional
hearing. If the victim's noncooperation prevents the court or
its designee from obtaining competent evidence regarding
restitution, the court is not obligated to consider information
regarding restitution in the sentencing or dispositional
hearing. The court administrator shall provide copies of this
request to the prosecutor and the offender or the offender's
attorney at least 24 hours before the sentencing or
dispositional hearing. The issue of restitution may be reserved
or the sentencing or disposition continued if the affidavit or
other competent evidence is not received in time. At the
sentencing or dispositional hearing, the court shall give the
offender an opportunity to respond to specific items of
restitution and their dollar amounts.
(b) The court may amend or issue an order of restitution
after the sentencing or dispositional hearing if:
(1) the offender is on probation or supervised release;
(2) information regarding restitution was submitted as
required under paragraph (a); and
(3) the true extent of the victim's loss was not known at
the time of the sentencing or dispositional hearing.
If the court holds a hearing on the restitution request,
the court must notify the offender, the offender's attorney, the
victim, and the prosecutor at least five business days before
the hearing. The court's restitution decision is governed by
this section and section 611A.045.
(c) The court shall grant or deny restitution or partial
restitution and shall state on the record its reasons for its
decision on restitution if information relating to restitution
has been presented. If the court grants partial restitution it
shall also specify the full amount of restitution that may be
docketed as a civil judgment under subdivision 3. The court may
not require that the victim waive or otherwise forfeit any
rights or causes of action as a condition of granting
restitution or partial restitution.
Sec. 9. Minnesota Statutes 1992, section 611A.04,
subdivision 1a, is amended to read:
Subd. 1a. [CRIME BOARD REQUEST.] The crime victims
reparations board may request restitution on behalf of a victim
by filing a copy of a claim for reparations submitted under
sections 611A.52 to 611A.67, along with orders of the board, if
any, which detail any amounts paid by the board to the victim.
The board may file the claim payment order with the court
administrator or with the person or agency the court has
designated to obtain information relating to restitution. In
either event, the board shall submit the claim payment order not
less than three business days before the sentencing or
dispositional hearing. If the board submits the claim directly
to the court administrator, it shall also provide a copy to the
offender. The court administrator shall provide copies of the
payment order to the prosecutor and the offender or the
offender's attorney at least 24 hours before the sentencing or
dispositional hearing. The issue of restitution may be reserved
or the sentencing or disposition continued if the payment order
is not received in time. The filing of a claim payment order
for reparations with the court administrator shall also serve as
a request for restitution by the victim. The restitution
requested by the board may be considered to be both on its own
behalf and on behalf of the victim. If the board has not paid
reparations to the victim, restitution may be made directly to
the victim. If the board has paid reparations to the victim,
the court shall order restitution payments to be made directly
to the board.
Sec. 10. Minnesota Statutes 1992, section 611A.04,
subdivision 3, is amended to read:
Subd. 3. [EFFECT OF ORDER FOR RESTITUTION.] An order of
restitution may be enforced by any person named in the order to
receive the restitution in the same manner as a judgment in a
civil action. Filing fees for docketing an order of restitution
as a civil judgment are waived for any victim named in the
restitution order. An order of restitution shall be docketed as
a civil judgment by the court administrator of the district
court in the county in which the order of restitution was
entered. A juvenile court is not required to appoint a guardian
ad litem for a juvenile offender before docketing a restitution
order. Interest shall accrue on the unpaid balance of the
judgment as provided in section 549.09. A decision for or
against restitution in any criminal or juvenile proceeding is
not a bar to any civil action by the victim or by the state
pursuant to section 611A.61 against the offender. The offender
shall be given credit, in any order for judgment in favor of a
victim in a civil action, for any restitution paid to the victim
for the same injuries for which the judgment is awarded.
Sec. 11. Minnesota Statutes 1992, section 611A.06,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF RELEASE REQUIRED.] The
commissioner of corrections or other custodial authority shall
make a good faith effort to notify the victim that the offender
is to be released from imprisonment or incarceration, including
release on extended furlough and for work release; released from
a juvenile correctional facility; released from a facility in
which the offender was confined due to incompetency, mental
illness, or mental deficiency, or commitment under section
253B.18; or transferred from one correctional facility to
another when the correctional program involves less security to
a minimum security setting, if the victim has mailed to the
commissioner of corrections or to the head of the facility in
which the offender is confined a written request for this
notice. The good faith effort to notify the victim must occur
prior to the release, transfer, or change in security status.
For a victim of a felony crime against the person for which the
offender was sentenced to a term of imprisonment of more than 18
months, the good faith effort to notify the victim must occur 60
days before the offender's release, transfer, or change in to
minimum security status.
Sec. 12. Minnesota Statutes 1992, section 611A.52,
subdivision 5, is amended to read:
Subd. 5. [COLLATERAL SOURCE.] "Collateral source" means a
source of benefits or advantages for economic loss otherwise
reparable under sections 611A.51 to 611A.67 which the victim or
claimant has received, or which is readily available to the
victim, from:
(1) the offender;
(2) the government of the United States or any agency
thereof, a state or any of its political subdivisions, or an
instrumentality of two or more states, unless the law providing
for the benefits or advantages makes them excess or secondary to
benefits under sections 611A.51 to 611A.67;
(3) social security, medicare, and medicaid;
(4) state required temporary nonoccupational disability
insurance;
(5) workers' compensation;
(6) wage continuation programs of any employer;
(7) proceeds of a contract of insurance payable to the
victim for economic loss sustained because of the crime;
(8) a contract providing prepaid hospital and other health
care services, or benefits for disability; or
(9) any private source as a voluntary donation or gift; or
(10) proceeds of a lawsuit brought as a result of the crime.
The term does not include a life insurance contract.
Sec. 13. Minnesota Statutes 1992, section 611A.52,
subdivision 8, is amended to read:
Subd. 8. [ECONOMIC LOSS.] "Economic loss" means actual
economic detriment incurred as a direct result of injury or
death.
(a) In the case of injury the term is limited to:
(1) reasonable expenses incurred for necessary medical,
chiropractic, hospital, rehabilitative, and dental products,
services, or accommodations, including ambulance services,
drugs, appliances, and prosthetic devices;
(2) reasonable expenses associated with recreational
therapy where a claimant has suffered amputation of a limb;
(3) reasonable expenses incurred for psychological or
psychiatric products, services, or accommodations where the
nature of the injury or the circumstances of the crime are such
that the treatment is necessary to the rehabilitation of the
victim, subject to the following limitations:
(i) if treatment is likely to continue longer than six
months after the date the claim is filed and the cost of the
additional treatment will exceed $1,500, or if the total cost of
treatment in any case will exceed $4,000, the provider shall
first submit to the board a plan which includes the measurable
treatment goals, the estimated cost of the treatment, and the
estimated date of completion of the treatment. Claims submitted
for treatment that was provided more than 30 days after the
estimated date of completion may be paid only after advance
approval by the board of an extension of treatment; and
(ii) the board may, in its discretion, elect to pay claims
under this clause on a quarterly basis;
(4) loss of income that the victim would have earned had
the victim not been injured;
(5) reasonable expenses incurred for substitute child care
or household services to replace those the victim would have
performed had the victim not been injured. As used in this
clause, "child care services" means services provided by
facilities licensed under and in compliance with either
Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to
9545.0670, or exempted from licensing requirements pursuant to
section 245A.03. Licensed facilities must be paid at a rate not
to exceed their standard rate of payment. Facilities exempted
from licensing requirements must be paid at a rate not to exceed
$3 an hour per child for daytime child care or $4 an hour per
child for evening child care; and
(6) reasonable expenses actually incurred to return a child
who was a victim of a crime under section 609.25 or 609.26 to
the child's parents or lawful custodian. These expenses are
limited to transportation costs, meals, and lodging from the
time the child was located until the child was returned home.
(b) In the case of death the term is limited to:
(1) reasonable expenses actually incurred for funeral,
burial, or cremation, not to exceed an amount to be determined
by the board on the first day of each fiscal year;
(2) reasonable expenses for medical, chiropractic,
hospital, rehabilitative, psychological and psychiatric
services, products or accommodations which were incurred prior
to the victim's death and for which the victim's survivors or
estate are liable;
(3) loss of support, including contributions of money,
products or goods, but excluding services which the victim would
have supplied to dependents if the victim had lived; and
(4) reasonable expenses incurred for substitute child care
and household services to replace those which the victim would
have performed for the benefit of dependents if the victim had
lived.
Claims for loss of support for minor children made under
clause (3) must be paid for three years or until the child
reaches 18 years old, whichever is the shorter period. After
three years, if the child is less younger than 18 years old a
claim for loss of support may be resubmitted to the board, and
the board staff shall evaluate the claim giving consideration to
the child's financial need and to the availability of funds to
the board. Claims for loss of support for a spouse made under
clause (3) shall also be reviewed at least once every three
years. The board staff shall evaluate the claim giving
consideration to the spouse's financial need and to the
availability of funds to the board.
Claims for substitute child care services made under clause
(4) must be limited to the actual care that the deceased victim
would have provided to enable surviving family members to pursue
economic, educational, and other activities other than
recreational activities.
Sec. 14. Minnesota Statutes 1992, section 611A.52,
subdivision 9, is amended to read:
Subd. 9. [INJURY.] "Injury" means actual bodily harm
including pregnancy and mental or nervous shock emotional trauma.
Sec. 15. Minnesota Statutes 1992, section 611A.57,
subdivision 2, is amended to read:
Subd. 2. The board member to whom the claim is assigned
staff shall examine the papers filed in support of the claim and
cause an investigation to be conducted into the validity of the
a claim to the extent that an investigation is necessary.
Sec. 16. Minnesota Statutes 1992, section 611A.57,
subdivision 3, is amended to read:
Subd. 3. [CLAIM DECISION.] The board member to whom a
claim is assigned executive director may decide the claim in
favor of a claimant in the amount claimed on the basis of the
papers filed in support of it and the report of the
investigation of such claim. If unable to decide the claim upon
the basis of the papers and any report of investigation, the
board member executive director shall discuss the matter with
other members of the board present at a board meeting. After
discussion the board shall vote on whether to grant or deny the
claim or whether further investigation is necessary. A decision
granting or denying the claim shall then be issued by the
executive director or the board member to whom the claim was
assigned.
Sec. 17. Minnesota Statutes 1992, section 611A.57,
subdivision 5, is amended to read:
Subd. 5. [RECONSIDERATION.] The claimant may, within 30
days after receiving the decision of the board, apply for
reconsideration before the entire board. Upon request for
reconsideration, the board shall reexamine all information filed
by the claimant, including any new information the claimant
provides, and all information obtained by investigation. The
board may also conduct additional examination into the validity
of the claim. Upon reconsideration, the board may affirm,
modify, or reverse its the prior ruling. A claimant denied
reparations upon reconsideration is entitled to a contested case
hearing within the meaning of chapter 14.
Sec. 18. Minnesota Statutes 1992, section 611A.66, is
amended to read:
611A.66 [LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS
OF RIGHT TO FILE CLAIM.]
All law enforcement agencies investigating crimes shall
provide forms to each person who may be eligible to file a claim
pursuant to sections 611A.51 to 611A.67 and to inform them of
their rights hereunder. All law enforcement agencies shall
obtain from the board and maintain a supply of all forms
necessary for the preparation and presentation of claims victims
with notice of their right to apply for reparations with the
telephone number to call to request an application form.
Law enforcement agencies shall assist the board in
performing its duties under sections 611A.51 to 611A.67. Law
enforcement agencies within ten days after receiving a request
from the board shall supply the board with requested reports,
notwithstanding any provisions to the contrary in chapter 13,
and including reports otherwise maintained as confidential or
not open to inspection under section 260.161. All data released
to the board retains the data classification that it had in the
possession of the law enforcement agency.
Sec. 19. Minnesota Statutes 1992, section 611A.71,
subdivision 1, is amended to read:
Subdivision 1. [CREATION.] The Minnesota crime victim and
witness advisory council is established and shall consist of
15 16 members.
Sec. 20. Minnesota Statutes 1992, section 611A.71,
subdivision 2, is amended to read:
Subd. 2. [MEMBERSHIP.] (a) The crime victim and witness
advisory council shall consist of the following members,
appointed by the commissioner of public safety after consulting
with the commissioner of corrections:
(1) one district court judge appointed upon recommendation
of the chief justice of the supreme court;
(2) one county attorney appointed upon recommendation of
the Minnesota county attorneys association;
(3) one public defender appointed upon recommendation of
the state public defender;
(4) one peace officer;
(5) one medical or osteopathic physician licensed to
practice in this state;
(6) five members who are crime victims or crime victim
assistance representatives; and
(7) three public members; and
(8) one member appointed on recommendation of the Minnesota
general crime victim coalition.
The appointments should take into account sex, race, and
geographic distribution. No more than seven of the members
appointed under this paragraph may be of one gender. One of the
nonlegislative members must be designated by the commissioner of
public safety as chair of the council.
(b) Two members of the council shall be members of the
legislature who have demonstrated expertise and interest in
crime victims issues, one senator appointed under rules of the
senate and one member of the house of representatives appointed
under rules of the house of representatives.
Sec. 21. Minnesota Statutes 1992, section 611A.71,
subdivision 3, is amended to read:
Subd. 3. [TERMS OF OFFICE.] Each appointed member must be
appointed for a four-year term coterminous with the governor's
term of office, and shall continue to serve during that time as
long as the member occupies the position which made that member
eligible for the appointment. Each member shall continue in
office until that member's successor is duly appointed. Section
15.059 governs the terms of office, filling of vacancies, and
removal of members of the crime victim and witness advisory
council. Members are eligible for reappointment and appointment
may be made to fill an unexpired term. The members of the
council shall elect any additional officers necessary for the
efficient discharge of their duties.
Sec. 22. Minnesota Statutes 1992, section 611A.71,
subdivision 7, is amended to read:
Subd. 7. [EXPIRATION.] The council expires as provided in
section 15.059, subdivision 5 on June 30, 1995.
Sec. 23. Minnesota Statutes 1992, section 626.556,
subdivision 10, is amended to read:
Subd. 10. [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW
ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report
alleges neglect, physical abuse, or sexual abuse by a parent,
guardian, or individual functioning within the family unit as a
person responsible for the child's care, the local welfare
agency shall immediately conduct an assessment and offer
protective social services for purposes of preventing further
abuses, safeguarding and enhancing the welfare of the abused or
neglected minor, and preserving family life whenever possible.
If the report alleges a violation of a criminal statute
involving sexual abuse or physical abuse, the local law
enforcement agency and local welfare agency shall coordinate the
planning and execution of their respective investigation and
assessment efforts to avoid a duplication of fact-finding
efforts and multiple interviews. Each agency shall prepare a
separate report of the results of its investigation. When
necessary the local welfare agency shall seek authority to
remove the child from the custody of a parent, guardian, or
adult with whom the child is living. In performing any of these
duties, the local welfare agency shall maintain appropriate
records.
(b) When a local agency receives a report or otherwise has
information indicating that a child who is a client, as defined
in section 245.91, has been the subject of physical abuse or
neglect at an agency, facility, or program as defined in section
245.91, it shall, in addition to its other duties under this
section, immediately inform the ombudsman established under
sections 245.91 to 245.97.
(c) Authority of the local welfare agency responsible for
assessing the child abuse report and of the local law
enforcement agency for investigating the alleged abuse includes,
but is not limited to, authority to interview, without parental
consent, the alleged victim and any other minors who currently
reside with or who have resided with the alleged perpetrator.
The interview may take place at school or at any facility or
other place where the alleged victim or other minors might be
found and or the child may be transported to, and the interview
conducted at, a place appropriate for the interview of a child
designated by the local welfare agency or law enforcement
agency. The interview may take place outside the presence of
the perpetrator or parent, legal custodian, guardian, or school
official. Except as provided in this paragraph, the parent,
legal custodian, or guardian shall be notified by the
responsible local welfare or law enforcement agency no later
than the conclusion of the investigation or assessment that this
interview has occurred. Notwithstanding rule 49.02 of the
Minnesota rules of procedure for juvenile courts, the juvenile
court may, after hearing on an ex parte motion by the local
welfare agency, order that, where reasonable cause exists, the
agency withhold notification of this interview from the parent,
legal custodian, or guardian. If the interview took place or is
to take place on school property, the order shall specify that
school officials may not disclose to the parent, legal
custodian, or guardian the contents of the notification of
intent to interview the child on school property, as provided
under this paragraph, and any other related information
regarding the interview that may be a part of the child's school
record. A copy of the order shall be sent by the local welfare
or law enforcement agency to the appropriate school official.
(d) When the local welfare or local law enforcement agency
determines that an interview should take place on school
property, written notification of intent to interview the child
on school property must be received by school officials prior to
the interview. The notification shall include the name of the
child to be interviewed, the purpose of the interview, and a
reference to the statutory authority to conduct an interview on
school property. For interviews conducted by the local welfare
agency, the notification shall be signed by the chair of the
county welfare board or the chair's designee. The notification
shall be private data on individuals subject to the provisions
of this paragraph. School officials may not disclose to the
parent, legal custodian, or guardian the contents of the
notification or any other related information regarding the
interview until notified in writing by the local welfare or law
enforcement agency that the investigation or assessment has been
concluded. Until that time, the local welfare or law
enforcement agency shall be solely responsible for any
disclosures regarding the nature of the assessment or
investigation.
Except where the alleged perpetrator is believed to be a
school official or employee, the time and place, and manner of
the interview on school premises shall be within the discretion
of school officials, but the local welfare or law enforcement
agency shall have the exclusive authority to determine who may
attend the interview. The conditions as to time, place, and
manner of the interview set by the school officials shall be
reasonable and the interview shall be conducted not more than 24
hours after the receipt of the notification unless another time
is considered necessary by agreement between the school
officials and the local welfare or law enforcement agency.
Where the school fails to comply with the provisions of this
paragraph, the juvenile court may order the school to comply.
Every effort must be made to reduce the disruption of the
educational program of the child, other students, or school
staff when an interview is conducted on school premises.
(e) Where the perpetrator or a person responsible for the
care of the alleged victim or other minor prevents access to the
victim or other minor by the local welfare agency, the juvenile
court may order the parents, legal custodian, or guardian to
produce the alleged victim or other minor for questioning by the
local welfare agency or the local law enforcement agency outside
the presence of the perpetrator or any person responsible for
the child's care at reasonable places and times as specified by
court order.
(f) Before making an order under paragraph (d), the court
shall issue an order to show cause, either upon its own motion
or upon a verified petition, specifying the basis for the
requested interviews and fixing the time and place of the
hearing. The order to show cause shall be served personally and
shall be heard in the same manner as provided in other cases in
the juvenile court. The court shall consider the need for
appointment of a guardian ad litem to protect the best interests
of the child. If appointed, the guardian ad litem shall be
present at the hearing on the order to show cause.
(g) The commissioner, the ombudsman for mental health and
mental retardation, the local welfare agencies responsible for
investigating reports, and the local law enforcement agencies
have the right to enter facilities as defined in subdivision 2
and to inspect and copy the facility's records, including
medical records, as part of the investigation. Notwithstanding
the provisions of chapter 13, they also have the right to inform
the facility under investigation that they are conducting an
investigation, to disclose to the facility the names of the
individuals under investigation for abusing or neglecting a
child, and to provide the facility with a copy of the report and
the investigative findings.
Sec. 24. Minnesota Statutes 1992, section 631.046,
subdivision 1, is amended to read:
Subdivision 1. [CHILD ABUSE AND VIOLENT CRIME CASES.]
Notwithstanding any other law, a prosecuting witness under 18
years of age in a case involving child abuse as defined in
section 630.36, subdivision 2, a crime of violence, as defined
in section 624.712, subdivision 5, or an assault under section
609.224, may choose to have in attendance or be accompanied by a
parent, guardian, or other supportive person, whether or not a
witness, at the omnibus hearing or at the trial, during
testimony of the prosecuting witness. If the person so chosen
is also a prosecuting witness, the prosecution shall present on
noticed motion, evidence that the person's attendance is both
desired by the prosecuting witness for support and will be
helpful to the prosecuting witness. Upon that showing the court
shall grant the request unless information presented by the
defendant or noticed by the court establishes that the support
person's attendance during the testimony of the prosecuting
witness would pose a substantial risk of influencing or
affecting the content of that testimony.
Sec. 25. [APPLICABILITY.]
The gender balance requirement of section 20 applies only
to appointments made after the effective date of that section
and does not require displacement of incumbents before the end
of their term.
Sec. 26. [REPEALER.]
Minnesota Statutes 1992, section 611A.57, subdivision 1, is
repealed.
ARTICLE 7
LAW ENFORCEMENT
Section 1. Minnesota Statutes 1992, section 8.16,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The attorney general, or any
deputy, assistant, or special assistant attorney general whom
the attorney general authorizes in writing, has the authority in
any county of the state to subpoena and require the production
of any records of telephone companies, cellular phone companies,
paging companies, electric companies, gas companies, water
utilities, chemical suppliers, hotels and motels, pawn shops,
airlines, buses, taxis, and other entities engaged in the
business of transporting people, and freight
companies, self-service storage facilities, warehousing
companies, package delivery companies, and other entities
engaged in the businesses of transport, storage, or delivery,
and records of the existence of safe deposit box account numbers
and customer savings and checking account numbers maintained by
financial institutions and safe deposit companies. Subpoenas
may only be issued for records that are relevant to an ongoing
legitimate law enforcement investigation.
Sec. 2. Minnesota Statutes 1992, section 169.222, is
amended by adding a subdivision to read:
Subd. 11. [PEACE OFFICERS OPERATING BICYCLES.] The
provisions of this section governing operation of bicycles do
not apply to bicycles operated by peace officers while
performing their duties.
Sec. 3. Minnesota Statutes 1992, section 169.98,
subdivision 1a, is amended to read:
Subd. 1a. [VEHICLE STOPS.] Except as otherwise permitted
under sections 221.221 and 299D.06, Only a person who is
licensed as a peace officer, constable, or part-time peace
officer under sections 626.84 to section 626.863 may use a motor
vehicle governed by subdivision 1 to stop a vehicle as defined
in section 169.01, subdivision 2. In addition, a hazardous
materials specialist employed by the department of
transportation may, in the course of responding to an emergency,
use a motor vehicle governed by subdivision 1 to stop a vehicle
as defined in section 169.01, subdivision 2.
Sec. 4. Minnesota Statutes 1992, section 214.10, is
amended by adding a subdivision to read:
Subd. 10. [RECEIPT OF COMPLAINT.] Notwithstanding the
provisions of subdivision 1 to the contrary, when the executive
director or any member of the board of peace officer standards
and training produces or receives a written statement or
complaint that alleges a violation of a statute or rule that the
board is empowered to enforce, the executive director shall
designate the appropriate law enforcement agency to investigate
the complaint and shall order it to conduct an inquiry into the
complaint's allegations. The investigating agency must complete
the inquiry and submit a written summary of it to the executive
director within 30 days of the order for inquiry.
Sec. 5. Minnesota Statutes 1992, section 214.10, is
amended by adding a subdivision to read:
Subd. 11. [REASONABLE GROUNDS DETERMINATION.] (a) After
the investigation is complete, the executive director shall
convene a three-member committee of the board to determine if
the complaint constitutes reasonable grounds to believe that a
violation within the board's enforcement jurisdiction has
occurred. At least two members of the committee must be board
members who are peace officers. No later than 30 days before
the committee meets, the executive director shall give the
licensee who is the subject of the complaint and the complainant
written notice of the meeting. The executive director shall
also give the licensee a copy of the complaint. Before making
its determination, the committee shall give the complaining
party and the licensee who is the subject of the complaint a
reasonable opportunity to be heard.
(b) The committee shall, by majority vote, after
considering the information supplied by the investigating agency
and any additional information supplied by the complainant or
the licensee who is the subject of the complaint, take one of
the following actions:
(1) find that reasonable grounds exist to believe that a
violation within the board's enforcement jurisdiction has
occurred and order that an administrative hearing be held;
(2) decide that no further action is warranted; or
(3) continue the matter.
The executive director shall promptly give notice of the
committee's action to the complainant and the licensee.
(c) If the committee determines that a complaint does not
relate to matters within its enforcement jurisdiction but does
relate to matters within another state or local agency's
enforcement jurisdiction, it shall refer the complaint to the
appropriate agency for disposition.
Sec. 6. Minnesota Statutes 1992, section 214.10, is
amended by adding a subdivision to read:
Subd. 12. [ADMINISTRATIVE HEARING; BOARD ACTION.] (a)
Notwithstanding the provisions of subdivision 2 to the contrary,
an administrative hearing shall be held if ordered by the
committee under subdivision 11, paragraph (b). After the
administrative hearing is held, the administrative law judge
shall refer the matter to the full board for final action.
(b) Before the board meets to take action on the matter and
the executive director must notify the complainant and the
licensee who is the subject of the complaint. After the board
meets, the executive director must promptly notify these
individuals and the chief law enforcement officer of the agency
employing the licensee of the board's disposition.
Sec. 7. Minnesota Statutes 1992, section 214.10, is
amended by adding a subdivision to read:
Subd. 13. [DEFINITION.] As used in subdivisions 10 to 12,
"appropriate law enforcement agency" means the law enforcement
agency assigned by the executive director and the chair of the
committee of the board convened under subdivision 11.
Sec. 8. Minnesota Statutes 1992, section 299D.03,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERS.] The commissioner is hereby
authorized to employ and designate a chief supervisor, a chief
assistant supervisor, and such assistant supervisors, sergeants
and officers as are provided by law, who shall comprise the
Minnesota state patrol. The members of the Minnesota state
patrol shall have the power and authority:
(1) As peace officers to enforce the provisions of the law
relating to the protection of and use of trunk highways.
(2) At all times to direct all traffic on trunk highways in
conformance with law, and in the event of a fire or other
emergency, or to expedite traffic or to insure safety, to direct
traffic on other roads as conditions may require notwithstanding
the provisions of law.
(3) To serve search warrants related to criminal motor
vehicle and traffic violations and arrest warrants, and legal
documents anywhere in the state.
(4) To serve orders of the commissioner of public safety or
the commissioner's duly authorized agents issued under the
provisions of the Drivers License Law, the Safety Responsibility
Act, or relating to authorized brake and light testing stations,
anywhere in the state and to take possession of any license,
permit or certificate ordered to be surrendered.
(5) To inspect official brake and light adjusting stations.
(6) To make appearances anywhere within the state for the
purpose of conducting traffic safety educational programs and
school bus clinics.
(7) To exercise upon all trunk highways the same powers
with respect to the enforcement of laws relating to crimes, as
sheriffs, constables and police officers.
(8) To cooperate, under instructions and rules of the
commissioner of public safety, with all sheriffs and other
police officers anywhere in the state, provided that said
employees shall have no power or authority in connection with
strikes or industrial disputes.
(9) To assist and aid any peace officer whose life or
safety is in jeopardy.
(10) As peace officers to provide security and protection
to the governor, governor elect, either or both houses of the
legislature, and state buildings or property in the manner and
to the extent determined to be necessary after consultation with
the governor, or a designee. Pursuant to this clause, members
of the state patrol, acting as peace officers have the same
powers with respect to the enforcement of laws relating to
crimes, as sheriffs, constables and police officers have within
their respective jurisdictions.
(11) To inspect school buses anywhere in the state for the
purposes of determining compliance with vehicle equipment,
pollution control, and registration requirements.
(12) As peace officers to make arrests for public offenses
committed in their presence anywhere within the state. Persons
arrested for violations other than traffic violations shall be
referred forthwith to the appropriate local law enforcement
agency for further investigation or disposition.
The state may contract for state patrol members to render
the services described in this section in excess of their
regularly scheduled duty hours and patrol members rendering such
services shall be compensated in such amounts, manner and under
such conditions as the agreement provides.
Employees thus employed and designated shall subscribe an
oath.
Sec. 9. Minnesota Statutes 1992, section 299D.06, is
amended to read:
299D.06 [INSPECTIONS; WEIGHING.]
Personnel to enforce the laws relating to motor vehicle
equipment, school bus equipment, drivers license, motor vehicle
registration, motor vehicle size and weight, and motor vehicle
petroleum tax, to enforce public utilities commission rules
relating to motor carriers, to enforce pollution control agency
rules relating to motor vehicle noise abatement, and to enforce
laws relating to directing the movement of vehicles shall be
classified employees of the commissioner of public safety
assigned to the division of state patrol. Employees engaged in
these duties, while actually on the job during their working
hours only, shall have power to issue citations in lieu of
arrest and continued detention and to prepare notices to appear
in court for violation of these laws and rules, in the manner
provided in section 169.91, subdivision 3. They shall not be
armed and shall have none of the other powers and privileges
reserved to peace officers.
Sec. 10. Minnesota Statutes 1992, section 388.23,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORITY.] The county attorney, or any
deputy or assistant county attorney whom the county attorney
authorizes in writing, has the authority to subpoena and require
the production of any records of telephone companies, cellular
phone companies, paging companies, electric companies, gas
companies, water utilities, chemical suppliers, hotels and
motels, pawn shops, airlines, buses, taxis, and other entities
engaged in the business of transporting people, and freight
companies, warehousing companies, self-service storage
facilities, package delivery companies, and other entities
engaged in the businesses of transport, storage, or delivery,
and records of the existence of safe deposit box account numbers
and customer savings and checking account numbers maintained by
financial institutions and safe deposit companies. Subpoenas
may only be issued for records that are relevant to an ongoing
legitimate law enforcement investigation.
Sec. 11. [473.407] [METROPOLITAN TRANSIT COMMISSION
POLICE.]
Subdivision 1. [AUTHORIZATION.] The metropolitan transit
commission may appoint peace officers, as defined in section
626.84, subdivision 1, paragraph (c), and establish a law
enforcement agency, as defined in section 626.84, subdivision 1,
paragraph (h), known as the metropolitan transit commission
police, to police its property and routes and to make arrests
under sections 629.30 and 629.34. The jurisdiction of the law
enforcement agency is limited to offenses relating to commission
property, equipment, employees, and passengers.
Subd. 2. [LIMITATIONS.] The initial processing of a person
arrested by the transit commission police for an offense within
the agency's jurisdiction is the responsibility of the transit
commission police unless otherwise directed by the law
enforcement agency with primary jurisdiction. A subsequent
investigation is the responsibility of the law enforcement
agency of the jurisdiction in which the crime was committed.
The transit commission police are not authorized to apply for a
search warrant as prescribed in section 626.05.
Subd. 3. [POLICIES.] Before the commission begins to
operate its law enforcement agency within a city or county with
an existing law enforcement agency, the transit commission
police shall develop, in conjunction with the law enforcement
agencies, written policies that describe how the issues of joint
jurisdiction will be resolved. The policies must also address
the operation of emergency vehicles by transit commission police
responding to commission emergencies. These policies must be
filed with the board of peace officer standards and training by
August 1, 1993. Revisions of any of these policies must be filed
with the board within ten days of the effective date of the
revision. The commission shall train all of its peace officers
regarding the application of these policies.
Subd. 4. [CHIEF LAW ENFORCEMENT OFFICER.] The commission
shall appoint a peace officer employed full time to be the chief
law enforcement officer and to be responsible for the management
of the law enforcement agency. The person shall possess the
necessary police and management experience and have the title of
chief of metropolitan transit commission police services. All
other police management and supervisory personnel must be
employed full time by the commission. Supervisory personnel
must be on duty and available any time transit commission police
are on duty. The commission may not hire part-time peace
officers as defined in section 626.84, subdivision 1, paragraph
(f), except that the commission may appoint peace officers to
work on a part-time basis not to exceed 30 full-time equivalents.
Subd. 5. [EMERGENCIES.] (a) The commission shall ensure
that all emergency vehicles used by transit commission police
are equipped with radios capable of receiving and transmitting
on the same frequencies utilized by the law enforcement agencies
that have primary jurisdiction.
(b) When the transit commission police receive an emergency
call they shall notify the public safety agency with primary
jurisdiction and coordinate the appropriate response.
(c) Transit commission police officers shall notify the
primary jurisdictions of their response to any emergency.
Subd. 6. [COMPLIANCE.] Except as otherwise provided in
this section, the transit commission police shall comply with
all statutes and administrative rules relating to the operation
and management of a law enforcement agency.
Sec. 12. Minnesota Statutes 1992, section 480.0591,
subdivision 6, is amended to read:
Subd. 6. [PRESENT LAWS EFFECTIVE UNTIL MODIFIED; RIGHTS
RESERVED.] Present statutes relating to evidence shall be
effective until modified or superseded by court rule. If a rule
of evidence is promulgated which is in conflict with a statute,
the statute shall thereafter be of no force and effect. The
supreme court, however, shall not have the power to promulgate
rules of evidence which conflict, modify, or supersede the
following statutes:
(a) statutes which relate to the competency of witnesses to
testify, found in sections 595.02 to 595.025;
(b) statutes which establish the prima facie evidence as
proof of a fact;
(c) statutes which establish a presumption or a burden of
proof;
(d) statutes which relate to the admissibility of
statistical probability evidence based on genetic or blood test
results, found in sections 634.25 to 634.30;
(e) statutes which relate to the privacy of communications;
and
(e) (f) statutes which relate to the admissibility of
certain documents.
The legislature may enact, modify, or repeal any statute or
modify or repeal any rule of evidence promulgated under this
section.
Sec. 13. Minnesota Statutes 1992, section 626.05,
subdivision 2, is amended to read:
Subd. 2. The term "peace officer," as used in sections
626.04 to 626.17, means a person who is licensed as a peace
officer in accordance with section 626.84, subdivision 1, and
who serves as a sheriff, deputy sheriff, police officer,
constable, conservation officer, agent of the bureau of criminal
apprehension, agent of the division of gambling enforcement, or
University of Minnesota peace officer, or state patrol trooper
as authorized by section 299D.03.
Sec. 14. Minnesota Statutes 1992, section 626.13, is
amended to read:
626.13 [SERVICE; PERSONS MAKING.]
A search warrant may in all cases be served by any of the
officers mentioned in its directions, but by no other person,
except in aid of the officer on the officer's requiring it, the
officer being present and acting in its execution. If the
warrant is to be served by an agent of the bureau of criminal
apprehension, an agent of the division of gambling enforcement,
a state patrol trooper, or a conservation officer, the agent,
state patrol trooper, or conservation officer shall notify the
chief of police of an organized full-time police department of
the municipality or, if there is no such local chief of police,
the sheriff or a deputy sheriff of the county in which service
is to be made prior to execution.
Sec. 15. Minnesota Statutes 1992, section 626A.05,
subdivision 1, is amended to read:
Subdivision 1. [APPLICATION FOR WARRANT.] The attorney
general, or not more than one assistant or special assistant
attorney general specifically designated by the attorney
general, or a county attorney of any county, or not more than
one assistant county attorney specifically designated by the
county attorney, may make application as provided in section
626A.06, to a judge of the district court, of the court of
appeals, or of the supreme court for a warrant authorizing or
approving the interception of wire, electronic, or oral
communications by investigative or law enforcement officers
having responsibility for the investigation of the offense as to
which the application is made. No court commissioner shall
issue a warrant under this chapter.
Sec. 16. Minnesota Statutes 1992, section 626A.06,
subdivision 4, is amended to read:
Subd. 4. [THE WARRANT.] Each warrant to intercept
communications shall be directed to a law enforcement officer,
commanding the officer to hold the recording of all intercepted
communications conducted under said warrant in custody subject
to the further order of the court issuing the warrant. The
warrant shall contain the grounds for its issuance with
findings, as to the existence of the matters contained in
subdivision 1 and shall also specify:
(a) the identity of the person, if known, whose
communications are to be intercepted and recorded;
(b) the nature and location of the communications
facilities as to which, or the place where, authority to
intercept is granted, and in the case of telephone or telegraph
communications the general designation of the particular line or
lines involved;
(c) a particular description of the type of communication
sought to be intercepted, and a statement of the particular
offense to which it relates;
(d) the identity of the law enforcement office or agency
authorized to intercept the communications, the name of the
officer or officers thereof authorized to intercept
communications, and of the person authorizing the application;
(e) the period of time during which such interception is
authorized, including a statement as to whether or not the
interception shall automatically terminate when the described
communication has been first obtained;
(f) any other limitations on the interception of
communications being authorized, for the protection of the
rights of third persons;
(g) a statement that using, divulging, or disclosing any
information concerning such application and warrant for
intercepting communications is prohibited and that any violation
is punishable by the penalties of this chapter.
(h) a statement that the warrant shall be executed as soon
as practicable, shall be executed in such a way as to minimize
the interception of communications not otherwise subject to
interception under this chapter and must terminate upon
attainment of the authorized objective, or in any event in ten
30 days. The ten-day 30-day period begins on the earlier of the
day on which the investigative or law enforcement officer first
begins to conduct an interception under the order or ten days
after the order is received. In the event the intercepted
communication is in a code or foreign language, and an expert in
that foreign language or code is not reasonably available during
the interception period, minimization may be accomplished as
soon as practicable after such interception.
An order authorizing the interception of a wire, oral, or
electronic communication under this chapter must, upon request
of the applicant, direct that a provider of wire or electronic
communication service, landlord, custodian, or other person
shall furnish the applicant immediately all information,
facilities, and technical assistance necessary to accomplish the
interception unobtrusively and with a minimum of interference
with the services that the service provider, landlord,
custodian, or person is according the person whose
communications are to be intercepted. A provider of wire or
electronic communication service, landlord, custodian, or other
person furnishing facilities or technical assistance must be
compensated by the applicant for reasonable expenses incurred in
providing the facilities or assistance.
Denial of an application for a warrant to intercept
communications or of an application for renewal of such warrant
shall be by written order that shall include a statement as to
the offense or offenses designated in the application, the
identity of the official applying for the warrant and the name
of the law enforcement office or agency.
Sec. 17. Minnesota Statutes 1992, section 626A.06,
subdivision 5, is amended to read:
Subd. 5. [DURATION OF WARRANT.] No warrant entered under
this section may authorize or approve the interception of any
wire, electronic, or oral communication for any period longer
than is necessary to achieve the objective of the authorization,
nor in any event longer than ten 30 days.
The effective period of any warrant for intercepting
communications shall terminate immediately when any person named
in the warrant has been charged with an offense specified in the
warrant.
Sec. 18. Minnesota Statutes 1992, section 626A.06,
subdivision 6, is amended to read:
Subd. 6. [EXTENSIONS.] Any judge of the district court, of
the court of appeals, or of the supreme court may grant
extensions of a warrant, but only upon application for an
extension made in accordance with subdivision 1 and the court
making the findings required by subdivision 3. The period of
extension shall be no longer than the authorizing judge deems
necessary to achieve the purposes for which it was granted and
in no event for longer than ten 30 days. In addition to
satisfying the requirements of subdivision 1, an application for
a renewal an extension of any warrant for intercepting
communications shall also:
(a) contain a statement that all interception of
communications under prior warrants has been in compliance with
this chapter;
(b) contain a statement setting forth the results thus far
obtained from the interception or a reasonable explanation of
the failure to obtain results;
(c) state the continued existence of the matters contained
in subdivision 1; and
(d) specify the facts and circumstances of the interception
of communications under prior warrants which are relied upon by
the applicant to show that such continued interception of
communications is necessary and in the public interest.
Any application to intercept communications of a person
previously the subject of such a warrant for any offense
designated in a prior warrant shall constitute a renewal of such
warrant.
Sec. 19. Minnesota Statutes 1992, section 626A.10,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF ORDER.] Within a reasonable time
but not later than 90 days after the termination of the period
of a warrant or extensions thereof, the issuing or denying judge
shall cause to be served, on the persons named in the warrant
and the application, and such other parties to intercepted
communications as the judge may determine that is in the
interest of justice, an inventory which shall include notice of:
(1) the fact of the issuance of the warrant or the
application;
(2) the date of the issuance and the period of authorized,
approved or disapproved interception, or the denial of the
application; and
(3) the fact that during the period wire, electronic, or
oral communications were or were not intercepted.
On an ex parte showing to a court of competent jurisdiction
that there is a need to continue the investigation and that the
investigation would be harmed by service of the inventory at
this time, service of the inventory required by this subdivision
may be postponed for an additional 90-day period.
Sec. 20. Minnesota Statutes 1992, section 626A.11,
subdivision 1, is amended to read:
Subdivision 1. [ILLEGALLY OBTAINED EVIDENCE INADMISSIBLE.]
Evidence obtained by any act of intercepting wire, oral, or
electronic communications, in violation of section 626A.02, and
all evidence obtained through or resulting from information
obtained by any such act, shall be inadmissible for any purpose
in any action, proceeding, or hearing; provided, however, that:
(1) any such evidence shall be admissible in any civil or
criminal action, proceeding, or hearing against the person who
has, or is alleged to have, violated this chapter; and (2) any
evidence obtained by a lawfully executed warrant to intercept
wire, oral, or electronic communications issued by a federal
court or by a court of competent jurisdiction of another state
shall be admissible in any civil or criminal proceeding.
Sec. 21. [INSTRUCTION TO REVISOR.]
The revisor shall substitute the reference "473.407" for
the reference "629.40, subdivision 5" in Minnesota Statutes,
section 352.01, subdivision 2b, clause (34).
Sec. 22. [REPEALER.]
Minnesota Statutes 1992, section 214.10, subdivisions 4, 5,
6, and 7, are repealed.
Minnesota Statutes 1992, section 629.40, subdivision 5, is
repealed.
Sec. 23. [APPLICATION.]
Sections 473.407 and the repeal of section 629.40,
subdivision 5, apply in the counties of Anoka, Carver, Dakota,
Hennepin, Ramsey, Scott, and Washington.
ARTICLE 8
CORRECTIONS
Section 1. Minnesota Statutes 1992, section 16B.08,
subdivision 7, is amended to read:
Subd. 7. [SPECIFIC PURCHASES.] (a) The following may be
purchased without regard to the competitive bidding requirements
of this chapter:
(1) merchandise for resale at state park refectories or
facility operations;
(2) farm and garden products, which may be sold at the
prevailing market price on the date of the sale;
(3) meat for other state institutions from the technical
college maintained at Pipestone by independent school district
No. 583; and
(4) furniture products and services from the Minnesota
correctional facilities.
(b) Supplies, materials, equipment, and utility services
for use by a community-based residential facility operated by
the commissioner of human services may be purchased or rented
without regard to the competitive bidding requirements of this
chapter.
(c) Supplies, materials, or equipment to be used in the
operation of a hospital licensed under sections 144.50 to 144.56
that are purchased under a shared service purchasing arrangement
whereby more than one hospital purchases supplies, materials, or
equipment with one or more other hospitals, either through one
of the hospitals or through another entity, may be purchased
without regard to the competitive bidding requirements of this
chapter if the following conditions are met:
(1) the hospital's governing authority authorizes the
arrangement;
(2) the shared services purchasing program purchases items
available from more than one source on the basis of competitive
bids or competitive quotations of prices; and
(3) the arrangement authorizes the hospital's governing
authority or its representatives to review the purchasing
procedures to determine compliance with these requirements.
Sec. 2. Minnesota Statutes 1992, section 147.09, is
amended to read:
147.09 [EXEMPTIONS.]
Section 147.081 does not apply to, control, prevent or
restrict the practice, service, or activities of:
(1) A person who is a commissioned medical officer of, a
member of, or employed by, the armed forces of the United
States, the United States Public Health Service, the Veterans
Administration, any federal institution or any federal agency
while engaged in the performance of official duties within this
state, if the person is licensed elsewhere.
(2) A licensed physician from a state or country who is in
actual consultation here.
(3) A licensed or registered physician who treats the
physician's home state patients or other participating patients
while the physicians and those patients are participating
together in outdoor recreation in this state as defined by
section 86A.03, subdivision 3. A physician shall first register
with the board on a form developed by the board for that
purpose. The board shall not be required to promulgate the
contents of that form by rule. No fee shall be charged for this
registration.
(4) A student practicing under the direct supervision of a
preceptor while the student is enrolled in and regularly
attending a recognized medical school.
(5) A student who is in continuing training and performing
the duties of an intern or resident or engaged in postgraduate
work considered by the board to be the equivalent of an
internship or residency in any hospital or institution approved
for training by the board.
(6) A person employed in a scientific, sanitary, or
teaching capacity by the state university, the state department
of education, or by any public or private school, college, or
other bona fide educational institution, or the state department
of health, whose duties are entirely of a public health or
educational character, while engaged in such duties.
(7) Physician's assistants registered in this state.
(8) A doctor of osteopathy duly licensed by the state board
of osteopathy under Minnesota Statutes 1961, sections 148.11 to
148.16, prior to May 1, 1963, who has not been granted a license
to practice medicine in accordance with this chapter provided
that the doctor confines activities within the scope of the
license.
(9) Any person licensed by a health related licensing
board, as defined in section 214.01, subdivision 2, or
registered by the commissioner of health pursuant to section
214.13, including psychological practitioners with respect to
the use of hypnosis; provided that the person confines
activities within the scope of the license.
(10) A person who practices ritual circumcision pursuant to
the requirements or tenets of any established religion.
(11) A Christian Scientist or other person who endeavors to
prevent or cure disease or suffering exclusively by mental or
spiritual means or by prayer.
(12) A physician licensed to practice medicine in another
state who is in this state for the sole purpose of providing
medical services at a competitive athletic event. The physician
may practice medicine only on participants in the athletic
event. A physician shall first register with the board on a
form developed by the board for that purpose. The board shall
not be required to adopt the contents of the form by rule. The
physician shall provide evidence satisfactory to the board of a
current unrestricted license in another state. The board shall
charge a fee of $50 for the registration.
(13) A psychologist licensed under section 148.91 or a
social worker licensed under section 148B.21 who uses or
supervises the use of a penile or vaginal plethysmograph in
assessing and treating individuals suspected of engaging in
aberrant sexual behavior and sex offenders.
Sec. 3. Minnesota Statutes 1992, section 241.09, is
amended to read:
241.09 [UNCLAIMED MONEY OR PERSONAL PROPERTY OF INMATES OF
CORRECTIONAL FACILITIES.]
Subdivision 1. [MONEY.] When the chief executive officer
of any state correctional facility under the jurisdiction of the
commissioner of corrections obtains money belonging to inmates
of the facility who have died, been released or escaped, and the
chief executive officer knows no claimant or person entitled to
it, the chief executive officer shall, if the money is unclaimed
within two years six months, deposit it in the inmate social
welfare fund for the benefit of the inmates of the facility. No
money shall be so deposited until it has remained unclaimed for
at least two years six months. If, at any time after the
expiration of the two years six months, the inmate or the legal
heirs appear and make proper proof of identity or heirship, the
inmate or heirs are entitled to receive from the state treasurer
any money belonging to the inmate and deposited in the inmate
social welfare fund pursuant to this subdivision.
Subd. 2. [UNCLAIMED PERSONAL PROPERTY.] When any inmate of
a state correctional facility under the jurisdiction of the
commissioner of corrections has died, been released or escaped
therefrom leaving in the custody of the chief executive officer
thereof personal property, other than money, which remains
unclaimed for a period of two years 90 days, and the chief
executive officer knows no person entitled to it, the chief
executive officer or the chief executive officer's agent may
sell or otherwise dispose of the property in the manner provided
by law for the sale or disposition of state property. The
proceeds of any sale, after deduction of the costs shall be
deposited in the inmate social welfare fund for expenditure as
provided in subdivision 1. Any inmate whose property has been
sold under this subdivision, or heirs of the inmate, may file
with, and make proof of ownership to, the chief executive
officer of the institution who caused the sale of the property
within two years after the sale, and, upon satisfactory proof to
the chief executive officer, the chief executive officer shall
certify to the state treasurer the amount received by the sale
of such property for payment to the inmate or heirs. No suit
shall be brought for damages consequent to the disposal of
personal property or use of money in accordance with this
section against the state or any official, employee, or agent
thereof.
Sec. 4. Minnesota Statutes 1992, section 241.26,
subdivision 5, is amended to read:
Subd. 5. [EARNINGS; WORK RELEASE ACCOUNT.] The net
earnings of each inmate participating in the work release
program provided by this section may be collected by or
forwarded to the commissioner of corrections for deposit to the
account of the inmate in the work release account in the state
treasury, or the inmate may be permitted to collect, retain, and
expend the net earnings from the inmate's employment under rules
established by the commissioner of corrections. The money
collected by or forwarded to the commissioner under the rules
shall remain under the control of the commissioner for the sole
benefit of the inmate. After making deductions for the payment
of state and local taxes, if necessary, and for repayment of
advances and gate money as provided in section 243.24, wages
under the control of the commissioner and wages retained by the
inmate may be disbursed by the commissioner or expended by the
inmate for the following purposes and in the following order:
(1) The cost of the inmate's keep as determined by
subdivision 7, which money shall be deposited in the general
fund of the state treasury if the inmate is housed in a state
correctional facility, or shall be paid directly to the place of
confinement as designated by the commissioner pursuant to
subdivision 1;
(2) Necessary travel expense to and from work and other
incidental expenses of the inmate;
(3) Support of inmate's dependents, if any;
(4) Court-ordered restitution, if any;
(5) Fines, surcharges, or other fees assessed or ordered by
the court;
(6) Contribution to any programs established by law to aid
victims of crime, provided that the contribution must not be
more than 20 percent of the inmate's gross wages;
(6) (7) Restitution to the commissioner of corrections
ordered by a prison disciplinary hearing officer for damage to
property caused by an inmate's conduct;
(7) (8) After the above expenditures, the inmate shall have
discretion to direct payment of the balance, if any, upon proper
proof of personal legal debts;
(8) (9) The balance, if any, shall be disbursed to the
inmate as provided in section 243.24, subdivision 1.
The commissioner may authorize the payment of court-ordered
restitution from an inmate's wages when the restitution was
court ordered as a sanction for the conviction of an offense
which is not the offense of commitment, including offenses which
occurred prior to the offense for which the inmate was committed
to the commissioner. All money in the work release account are
appropriated annually to the commissioner of corrections for the
purposes of the work release program.
Sec. 5. Minnesota Statutes 1992, section 241.67,
subdivision 1, is amended to read:
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. Offenders who are eligible to receive treatment,
within the limits of available funding, 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; and
(4) adults and juveniles who are eligible for
community-based treatment under the sex offender treatment fund
established in section 241.671.
Sec. 6. Minnesota Statutes 1992, section 241.67,
subdivision 2, is amended to read:
Subd. 2. [TREATMENT PROGRAM STANDARDS.] (a) 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 and
state-operated adult and juvenile sex offender treatment
programs not operated in state or local correctional facilities.
The rules shall require that sex offender treatment programs be
at least four months in duration. 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).
(b) By July 1, 1994, the commissioner shall adopt rules
under chapter 14 for the certification of community-based adult
and juvenile sex offender treatment programs not operated in
state or local correctional facilities.
(c) In addition to other certification requirements
established under paragraphs paragraph (a) and (b), rules
adopted by the commissioner must require all certified programs
certified under this subdivision to participate in an the sex
offender program ongoing outcome-based evaluation and quality
management system project established by the commissioner under
section 3.
Sec. 7. Minnesota Statutes 1992, section 241.67, is
amended by adding a subdivision to read:
Subd. 8. [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION
PROJECT.] (a) For the purposes of this project, a sex offender
is an adult who has been convicted, or a juvenile who has been
adjudicated, for a sex offense or a sex-related offense and has
been sentenced to sex offender treatment as a condition of
probation.
(b) The commissioner shall develop a long-term project to
accomplish the following:
(1) provide follow-up information on each sex offender for
a period of three years following the offender's completion of
or termination from treatment;
(2) provide treatment programs in several geographical
areas in the state;
(3) provide the necessary data to form the basis to
recommend a fiscally sound plan to provide a coordinated
statewide system of effective sex offender treatment
programming; and
(4) provide an opportunity to local and regional
governments, agencies, and programs to establish models of sex
offender programs that are suited to the needs of that region.
(c) The commissioner shall provide the legislature with an
annual report of the data collected and the status of the
project by October 15 of each year, beginning in 1993.
(d) The commissioner shall establish an advisory task force
consisting of county probation officers from community
corrections act counties and other counties, court services
providers, and other interested officials. The commissioner
shall consult with the task force concerning the establishment
and operation of the project.
Sec. 8. Minnesota Statutes 1992, section 243.23,
subdivision 3, is amended to read:
Subd. 3. [EXCEPTIONS.] Notwithstanding sections 241.26,
subdivision 5, and 243.24, subdivision 1, the commissioner may
promulgate rules for the disbursement of funds earned under
subdivision 1, or other funds in an inmate account, and section
243.88, subdivision 2,. The commissioner shall first make
deductions for the following expenses: federal and state taxes;
repayment of advances; gate money as provided in section 243.24;
and, where applicable, mandatory savings as provided by United
States Code, title 18, section 1761, as amended. The
commissioner's rules may then provide for disbursements to be
made in the following order of priority:
(1) for the support of families and dependent relatives of
the respective inmates,;
(2) for the payment of court-ordered restitution,;
(3) for payment of fines, surcharges, or other fees
assessment or ordered by a court;
(4) for contribution to any programs established by law to
aid victims of crime provided that the contribution shall not be
more than 20 percent of an inmate's gross wages,;
(5) for the payment of restitution to the commissioner
ordered by prison disciplinary hearing officers for damage to
property caused by an inmate's conduct,; and
(6) for the discharge of any legal obligations arising out
of litigation under this subdivision.
The commissioner may authorize the payment of court-ordered
restitution from an inmate's wages when the restitution was
court ordered as a sanction for the conviction of an offense
which is not the offense of commitment, including offenses which
occurred prior to the offense for which the inmate was committed
to the commissioner. An inmate of an adult correctional
facility under the control of the commissioner is subject to
actions for the enforcement of support obligations and
reimbursement of any public assistance rendered the dependent
family and relatives. The commissioner may conditionally
release an inmate who is a party to an action under this
subdivision and provide for the inmate's detention in a local
detention facility convenient to the place of the hearing when
the inmate is not engaged in preparation and defense.
Sec. 9. Minnesota Statutes 1992, section 244.05, is
amended by adding a subdivision to read:
Subd. 8. [CONDITIONAL MEDICAL RELEASE.] The commissioner
may order that an offender be placed on conditional medical
release before the offender's scheduled supervised release date
or target release date if the offender suffers from a grave
illness or medical condition and the release poses no threat to
the public. In making the decision to release an offender on
this status, the commissioner must consider the offender's age
and medical condition, the health care needs of the offender,
the offender's custody classification and level of risk of
violence, the appropriate level of community supervision, and
alternative placements that may be available for the offender.
An inmate may not be released under this provision unless the
commissioner has determined that the inmate's health costs are
likely to be borne by medical assistance, Medicaid, general
assistance medical care, veteran's benefits, or by any other
federal or state medical assistance programs or by the inmate.
Conditional medical release is governed by provisions relating
to supervised release except that it may be rescinded without
hearing by the commissioner if the offender's medical condition
improves to the extent that the continuation of the conditional
medical release presents a more serious risk to the public.
Sec. 10. Minnesota Statutes 1992, section 244.17,
subdivision 3, is amended to read:
Subd. 3. [OFFENDERS NOT ELIGIBLE.] The following offenders
are not eligible to be placed in the challenge incarceration
program:
(1) offenders who are committed to the commissioner's
custody following a conviction for murder, manslaughter,
criminal sexual conduct, assault, kidnapping, robbery, arson, or
any other offense involving death or intentional personal
injury; and
(2) offenders who previously were convicted within the
preceding ten years of an offense described in clause (1) and
were committed to the custody of the commissioner.
Sec. 11. Minnesota Statutes 1992, section 244.172,
subdivision 1, is amended to read:
Subdivision 1. [PHASE I.] Phase I of the program lasts at
least six months. The offender must be confined in a state
correctional facility designated by the commissioner and must
successfully participate in all intensive treatment, education
and work programs required by the commissioner. The offender
must also submit on demand to random drug and alcohol testing at
time intervals set by the commissioner. For the first three
months of phase I, the offender may not receive visitors or
telephone calls, except under emergency
circumstances. Throughout phase I, the commissioner must
severely restrict the offender's telephone and visitor
privileges.
Sec. 12. Minnesota Statutes 1992, section 244.172,
subdivision 2, is amended to read:
Subd. 2. [PHASE II.] Phase II of the program lasts at
least six months. The offender shall serve this phase of the
offender's sentence in an intensive supervision and surveillance
program established by the commissioner. The commissioner may
impose such requirements on the offender as are necessary to
carry out the goals of the program. Throughout phase II, the
offender must be required to submit to daily drug and alcohol
tests for the first three months; biweekly tests for the next
two months; and weekly tests for the remainder of phase
II randomly or for cause, on demand of the supervising agent.
The commissioner shall also require the offender to report daily
to a day-reporting facility designated by the commissioner. In
addition, if the commissioner required the offender to undergo
acupuncture during phase I, the offender must continue to submit
to acupuncture treatment throughout phase II, on demand of the
supervising agent.
Sec. 13. Minnesota Statutes 1992, 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 the child's 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
245A.01 to 245A.16; or
(4) 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) 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 person or
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; 609.345; 609.3451; 609.746,
subdivision 1; 609.79; or 617.23, or another offense arising out
of a delinquency petition based on one or more of those
sections, 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 must be experienced in the evaluation and treatment of
juvenile sex offenders. 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. Notwithstanding section 13.42,
13.85, 144.335, 260.161, or 626.556, the assessor has access to
the following private or confidential data on the child if
access is relevant and necessary for the assessment:
(1) medical data under section 13.42;
(2) corrections and detention data under section 13.85;
(3) health records under section 144.335;
(4) juvenile court records under section 260.161; and
(5) local welfare agency records under section 626.556.
Data disclosed under this paragraph may be used only for
purposes of the assessment and may not be further disclosed to
any other person, except as authorized by law.
If the child is found delinquent due to the commission of
an offense that would be a felony if committed by an adult, the
court shall make a specific finding on the record regarding the
juvenile's mental health and chemical dependency treatment needs.
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.
Sec. 14. Minnesota Statutes 1992, section 541.15, is
amended to read:
541.15 [PERIODS OF DISABILITY NOT COUNTED.]
(a) Except as provided in paragraph (b), any of the
following grounds of disability, existing at the time when a
cause of action accrued or arising anytime during the period of
limitation, shall suspend the running of the period of
limitation until the same is removed; provided that such period,
except in the case of infancy, shall not be extended for more
than five years, nor in any case for more than one year after
the disability ceases:
(1) That the plaintiff is within the age of 18 years;
(2) The plaintiff's insanity;
(3) The plaintiff's imprisonment on a criminal charge, or
under a sentence of a criminal court for a term less than the
plaintiff's natural life;
(4) Is an alien and the subject or citizen of a country at
war with the United States;
(5) (4) When the beginning of the action is stayed by
injunction or by statutory prohibition.
If two or more disabilities shall coexist, the suspension
shall continue until all are removed.
(b) In actions alleging malpractice, error, mistake, or
failure to cure, whether based on contract or tort, against a
health care provider, the ground of disability specified in
paragraph (a), clause (1), suspends the period of limitation
until the disability is removed. The suspension may not be
extended for more than seven years, or for more than one year
after the disability ceases.
For purposes of this paragraph, health care provider means
a physician, surgeon, dentist, or other health care professional
or hospital, including all persons or entities providing health
care as defined in section 145.61, subdivisions 2 and 4, or a
certified health care professional employed by or providing
services as an independent contractor in a hospital.
Sec. 15. Minnesota Statutes 1992, section 631.41, is
amended to read:
631.41 [REQUIRING THE COURT ADMINISTRATOR TO DELIVER
TRANSCRIPT OF MINUTES OF SENTENCE TO SHERIFF.]
When a person convicted of an offense is sentenced to pay a
fine or costs, or to be imprisoned in the county jail, or
committed to the Minnesota correctional facility-Stillwater
commissioner of corrections, the court administrator shall, as
soon as possible, make out and deliver to the sheriff or a
deputy a transcript from the minutes of the court of the
conviction and sentence. A duly certified transcript is
sufficient authority for the sheriff to execute the sentence.
Upon receiving the transcript, the sheriff shall execute the
sentence.
Sec. 16. [TRANSFER.]
Positions classified as sentencing to service crew leader
and one sentencing to service supervisor in the department of
natural resources are transferred to the Minnesota department of
corrections under Minnesota Statutes, section 15.039. Nothing
in this section is intended to abrogate or modify any rights now
enjoyed by affected employees under terms of an agreement
between an exclusive bargaining representative and the state or
one of its appointing authorities.
Sec. 17. [REPEALER.]
Minnesota Statutes 1992, sections 241.25; 241.67,
subdivision 5; and 241.671, are repealed.
ARTICLE 9
NEW FELONY SENTENCING LAW
Section 1. Minnesota Statutes 1992, section 243.18,
subdivision 2, is amended to read:
Subd. 2. [WORK REQUIRED; GOOD TIME.] This subdivision
applies only to inmates whose crimes were committed before
August 1, 1993. 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. 2. Minnesota Statutes 1992, section 243.18, is
amended by adding a subdivision to read:
Subd. 3. [WORK REQUIRED; DISCIPLINARY CONFINEMENT.] This
subdivision applies only to inmates whose crimes were committed
on or after August 1, 1993. The commissioner shall impose a
disciplinary confinement period of two days for each day on
which a person for whom a work assignment is available 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. 3. Minnesota Statutes 1992, section 244.01,
subdivision 8, is amended to read:
Subd. 8. "Term of imprisonment," as applied to inmates
whose crimes were committed before August 1, 1993, is the period
of time to for which an inmate is committed to the custody of
the commissioner of corrections minus earned good time. "Term
of imprisonment," as applied to inmates whose crimes were
committed on or after August 1, 1993, is the period of time
which an inmate is ordered to serve in prison by the sentencing
court, plus any disciplinary confinement period imposed by the
commissioner under section 244.05, subdivision 1b equal to
two-thirds of the inmate's executed sentence.
Sec. 4. Minnesota Statutes 1992, section 244.01, is
amended by adding a subdivision to read:
Subd. 9. [EXECUTED SENTENCE.] "Executed sentence" means
the total period of time for which an inmate is committed to the
custody of the commissioner of corrections.
Sec. 5. Minnesota Statutes 1992, section 244.05,
subdivision 1b, is amended to read:
Subd. 1b. [SUPERVISED RELEASE; OFFENDERS WHO COMMIT CRIMES
ON OR AFTER AUGUST 1, 1993.] (a) Except as provided in
subdivisions 4 and 5, every inmate sentenced to prison for a
felony offense committed on or after August 1, 1993, shall serve
a supervised release term upon completion of the inmate's term
of imprisonment pronounced by the sentencing court under section
244.101 and any disciplinary confinement period imposed by the
commissioner due to the inmate's violation of any disciplinary
offense rule adopted by the commissioner under paragraph (b).
The amount of time the inmate serves on supervised release term
shall be equal in length to the amount of time remaining in the
inmate's imposed executed sentence after the inmate has served
the pronounced term of imprisonment and any disciplinary
confinement period imposed by the commissioner.
(b) By August 1, 1993, the commissioner shall modify the
commissioner's existing disciplinary rules to specify
disciplinary offenses which may result in imposition of a
disciplinary confinement period and the length of the
disciplinary confinement period for each disciplinary offense.
These disciplinary offense rules may cover violation of
institution rules, refusal to work, refusal to participate in
treatment or other rehabilitative programs, and other matters
determined by the commissioner. No inmate who violates a
disciplinary rule shall be placed on supervised release until
the inmate has served the disciplinary confinement period or
until the inmate is discharged or released from punitive
segregation confinement, whichever is later. The imposition of
a disciplinary confinement period shall be considered to be a
disciplinary sanction imposed upon an inmate, and the procedure
for imposing the disciplinary confinement period and the rights
of the inmate in the procedure shall be those in effect for the
imposition of other disciplinary sanctions at each state
correctional institution.
Sec. 6. Minnesota Statutes 1992, section 244.101, is
amended to read:
244.101 [SENTENCING OF FELONY OFFENDERS WHO COMMIT OFFENSES
ON AND AFTER AUGUST 1, 1993.]
Subdivision 1. [SENTENCING AUTHORITY EXECUTED SENTENCES.]
When a felony offender is sentenced to a fixed executed prison
sentence for an offense committed on or after August 1, 1993,
the executed sentence pronounced by the court shall
consist consists of two parts: (1) a specified minimum term of
imprisonment that is equal to two-thirds of the executed
sentence; and (2) a specified maximum supervised release term
that is one-half of the minimum term of imprisonment equal to
one-third of the executed sentence. The lengths of the term of
imprisonment and the supervised release term actually served by
an inmate are amount of time the inmate actually serves in
prison and on supervised release is subject to the provisions of
section 244.05, subdivision 1b.
Subd. 2. [EXPLANATION OF SENTENCE.] When a court
pronounces an executed sentence under this section, it
shall specify explain: (1) the total length of the executed
sentence; (2) the amount of time the defendant will serve in
prison; and (3) the amount of time the defendant will serve on
supervised release, assuming the defendant commits no
disciplinary offense in prison that may result results in the
imposition of a disciplinary confinement period. The court
shall also explain that the defendant's term of imprisonment
amount of time the defendant actually serves in prison may be
extended by the commissioner if the defendant commits any
disciplinary offenses in prison and that this extension could
result in the defendant's serving the entire pronounced executed
sentence in prison. The court's explanation shall be included
in the sentencing order a written summary of the sentence.
Subd. 3. [NO RIGHT TO SUPERVISED RELEASE.] Notwithstanding
the court's specification explanation of the potential length of
a defendant's supervised release term in the sentencing order,
the court's order explanation creates no right of a defendant to
any specific, minimum length of a supervised release term.
Subd. 4. [APPLICATION OF STATUTORY MANDATORY MINIMUM
SENTENCES.] If the defendant is convicted of any offense for
which a statute imposes a mandatory minimum sentence or term of
imprisonment, the statutory mandatory minimum sentence or term
governs the length of the entire executed sentence pronounced by
the court under this section.
Sec. 7. Minnesota Statutes 1992, section 244.14,
subdivision 2, is amended to read:
Subd. 2. [GOOD TIME NOT AVAILABLE.] An offender serving a
sentence on intensive community supervision for a crime
committed before August 1, 1993, does not earn good time,
notwithstanding section 244.04.
Sec. 8. Minnesota Statutes 1992, section 244.171,
subdivision 3, is amended to read:
Subd. 3. [GOOD TIME NOT AVAILABLE.] An offender in the
challenge incarceration program whose crime was committed before
August 1, 1993, does not earn good time during phases I and II
of the program, notwithstanding section 244.04.
Sec. 9. Minnesota Statutes 1992, section 609.346,
subdivision 5, is amended to read:
Subd. 5. [SUPERVISED CONDITIONAL RELEASE OF SEX
OFFENDERS.] (a) Notwithstanding the statutory maximum sentence
otherwise applicable to the offense or any provision of the
sentencing guidelines, any person who is sentenced when a court
sentences a person to prison for a violation of section 609.342,
609.343, 609.344, or 609.345 must be sentenced to serve a
supervised release term as provided in this subdivision. The
court shall sentence a person convicted for a violation of
section 609.342, 609.343, 609.344, or 609.345 to serve a
supervised release term of not less than five years., the court
shall sentence a provide that after the person has completed the
sentence imposed, the commissioner of corrections shall place
the person on conditional release. If the person was convicted
for a violation of section 609.342, 609.343, 609.344, or
609.345, the person shall be placed on conditional release for
five years, minus the time the person served on supervised
release. If the person was convicted for a violation of one of
those sections a second or subsequent time, or sentenced under
subdivision 4 to a mandatory departure, to serve a supervised
release term of not less than the person shall be placed on
conditional release for ten years, minus the time the person
served on supervised release.
(b) The commissioner of corrections shall set the level of
supervision for offenders subject to this section based on the
public risk presented by the offender. The conditions of
release may include successful completion of treatment and
aftercare in a program approved by the commissioner,
satisfaction of the release conditions specified in section
244.05, subdivision 6, and any other conditions the commissioner
considers appropriate. If the offender fails to meet any
condition of release, the commissioner may revoke the offender's
conditional release and order that the offender serve the
remaining portion of the conditional release term in prison.
The commissioner shall not dismiss the offender from supervision
before the conditional release term expires.
Conditional release 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.
(c) The commissioner shall pay the cost of treatment of a
person released under this subdivision. This section does not
require the commissioner to accept or retain an offender in a
treatment program.
ARTICLE 10
PROBATION
Section 1. Minnesota Statutes 1992, section 243.166,
subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REQUIRED.] A person shall
comply with register under this section after being released
from prison if:
(1) the person was sentenced to imprisonment following a
conviction for kidnapping under section 609.25, criminal sexual
conduct under section 609.342, 609.343, 609.344, or 609.345,
solicitation of children to engage in sexual conduct under
section 609.352, use of minors in a sexual performance under
section 617.246, or solicitation of children to practice
prostitution under section 609.322, and the offense was
committed against a victim who was a minor;
(2) the person is not now required to register under
section 243.165; and
(3) ten years have not yet elapsed since the person was
released from imprisonment charged with a felony violation of or
attempt to violate any of the following, and convicted of that
offense or of another offense arising out of the same set of
circumstances:
(i) murder under section 609.185, clause (2);
(ii) kidnapping under section 609.25, involving a minor
victim; or
(iii) criminal sexual conduct under section 609.342,
subdivision 1, paragraph (a), (b), (c), (d), (e), or (f);
609.343, subdivision 1, paragraph (a), (b), (c), (d), (e), or
(f); 609.344, subdivision 1, paragraph (c), or (d); or 609.345,
subdivision 1, paragraph (c), or (d); or
(2) the person was convicted of a predatory crime as
defined in section 609.1352, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal.
Sec. 2. Minnesota Statutes 1992, section 243.166,
subdivision 2, is amended to read:
Subd. 2. [NOTICE.] When a person who is required to
register under this section is released sentenced,
the commissioner of corrections court shall tell the person of
the duty to register under section 243.165 and this section.
The commissioner court shall require the person to read and sign
a form stating that the duty of the person to register under
this section has been explained. The commissioner shall obtain
the address where the person expects to reside upon release and
shall report within three days the address to the bureau of
criminal apprehension. The commissioner shall give one copy of
the form to the person, and shall send one copy to the bureau of
criminal apprehension and one copy to the appropriate law
enforcement agency having local jurisdiction where the person
expects to reside upon release.
Sec. 3. Minnesota Statutes 1992, section 243.166,
subdivision 3, is amended to read:
Subd. 3. [REGISTRATION PROCEDURE.] (a) The person shall,
within 14 days after the end of the term of supervised release,
register with the probation officer corrections agent as soon as
the agent is assigned to the person at the end of that term.
(b) If the person changes residence address, the person
shall give the new address to the current or last assigned
probation officer corrections agent in writing within ten days.
An offender is deemed to change addresses when the offender
remains at a new address for longer than two weeks and evinces
an intent to take up residence there. The probation officer
agent shall, within three business days after receipt of this
information, forward it to the bureau of criminal apprehension.
Sec. 4. Minnesota Statutes 1992, section 243.166,
subdivision 4, is amended to read:
Subd. 4. [CONTENTS OF REGISTRATION.] The registration
provided to the probation officer corrections agent must consist
of a statement in writing signed by the person, giving
information required by the bureau of criminal apprehension, and
a fingerprint card and photograph of the person if these have
not already been obtained in connection with the offense that
triggers registration. Within three days, the probation officer
corrections agent shall forward the statement, fingerprint card,
and photograph to the bureau of criminal apprehension. The
bureau shall send one copy to the appropriate law enforcement
authority that will have jurisdiction where the person will
reside on release or discharge.
Sec. 5. Minnesota Statutes 1992, section 243.166,
subdivision 6, is amended to read:
Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
provisions of section 609.165, subdivision 1, a person required
to register under this section shall continue to comply with
this section until ten years have elapsed since the person was
released from imprisonment initially assigned to a corrections
agent in connection with the offense, or until the probation,
supervised release, or conditional release period expires,
whichever occurs later.
(b) If a person required to register under this section
fails to register following a change in address, the
commissioner of public safety may require the person to continue
to register for an additional period of five years.
Sec. 6. Minnesota Statutes 1992, section 243.166, is
amended by adding a subdivision to read:
Subd. 8. [LAW ENFORCEMENT AUTHORITY.] For purposes of this
section, a 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.
Sec. 7. Minnesota Statutes 1992, section 243.166, is
amended by adding a subdivision to read:
Subd. 9. [PRISONERS FROM OTHER STATES.] When the state
accepts a prisoner from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16, the acceptance is conditional on the offender agreeing
to register under this section when the offender is living in
Minnesota following a term of imprisonment if any part of that
term was served in this state.
Sec. 8. Minnesota Statutes 1992, section 299C.46, is
amended by adding a subdivision to read:
Subd. 5. [DIVERSION PROGRAM DATA.] Counties operating
diversion programs under section 11 shall supply to the bureau
of criminal apprehension the names of and other identifying data
specified by the bureau concerning diversion program
participants. Notwithstanding section 299C.11, the bureau shall
maintain the names and data in the computerized criminal history
system for 20 years from the date of the offense. Data
maintained under this subdivision are private data.
Sec. 9. Minnesota Statutes 1992, section 299C.54, is
amended by adding a subdivision to read:
Subd. 3a. [COLLECTION OF DATA.] Identifying information on
missing children entered into the NCIC computer regarding cases
that are still active at the time the missing children bulletin
is compiled each quarter may be included in the bulletin.
Sec. 10. Minnesota Statutes 1992, section 401.02,
subdivision 4, is amended to read:
Subd. 4. [DETAINING PERSON ON CONDITIONAL RELEASE.] (a)
Probation officers serving the district and juvenile courts of
counties participating in the subsidy program established by
this chapter may, without order or warrant, when it appears
necessary to prevent escape or enforce discipline, take and
detain a probationer, or any person on conditional release and
bring that person before the court or the commissioner of
corrections or a designee, whichever is appropriate, for
disposition. No probationer or other person on conditional
release shall be detained more than 72 hours, exclusive of legal
holidays, Saturdays and Sundays, pursuant to this subdivision
without being provided with the opportunity for a hearing before
the court or the commissioner of corrections or a designee.
When providing supervision and other correctional services to
persons conditionally released pursuant to sections 241.26,
242.19, 243.05, 243.16, 244.05, and 244.065, including
intercounty transfer of persons on conditional release, and the
conduct of presentence investigations, participating counties
shall comply with the policies and procedures relating thereto
as prescribed by the commissioner of corrections.
(b) The written order of the chief executive officer or
designee of a community corrections agency established under
this chapter is sufficient authority for any peace officer or
county probation officer to take and place in actual custody any
person under sentence or on probation who:
(1) fails to report to serve a sentence at a local
correctional facility, as defined in section 241.021,
subdivision 1;
(2) fails to return from furlough or authorized temporary
release from a local correctional facility;
(3) escapes from a local correctional facility; or
(4) absconds from court-ordered home detention.
(c) The written order of the chief executive officer or
designee of a community corrections agency established under
this chapter is sufficient authority for any peace officer or
county probation officer to take and place in actual custody any
person on a court authorized pretrial release who absconds from
pretrial release or fails to abide by the conditions of pretrial
release.
Sec. 11. [401.065] [PRETRIAL DIVERSION PROGRAMS.]
Subdivision 1. [DEFINITION.] As used in this section:
(1) "offender" means a person who:
(i) is charged with a felony, gross misdemeanor, or
misdemeanor crime, other than a crime against the person, but
who has not yet entered a plea in the proceedings;
(ii) has not previously been convicted as an adult in
Minnesota or any other state of any crime against the person;
and
(iii) has not previously been charged with a crime as an
adult in Minnesota and then had charges dismissed as part of a
diversion program, including a program that existed before July
1, 1994; and
(2) "pretrial diversion" means the decision of a prosecutor
to refer an offender to a diversion program on condition that
the criminal charges against the offender will be dismissed
after a specified period of time if the offender successfully
completes the program.
Subd. 2. [ESTABLISHMENT OF PROGRAM.] By July 1, 1994,
every county attorney of a county participating in the community
corrections act shall establish a pretrial diversion program for
adult offenders. If the county attorney's county participates
in the community corrections act as part of a group of counties
under section 401.02, the county attorney may establish a
pretrial diversion program in conjunction with other county
attorneys in that group of counties. The program must be
designed and operated to further the following goals:
(1) to provide eligible offenders with an alternative to
confinement and a criminal conviction;
(2) to reduce the costs and caseload burdens on district
courts and the criminal justice system;
(3) to minimize recidivism among diverted offenders;
(4) to promote the collection of restitution to the victim
of the offender's crime; and
(5) to develop responsible alternatives to the criminal
justice system for eligible offenders.
Subd. 3. [PROGRAM COMPONENTS.] A diversion program
established under this section may:
(1) provide screening services to the court and the
prosecuting authorities to help identify likely candidates for
pretrial diversion;
(2) establish goals for diverted offenders and monitor
performance of these goals;
(3) perform chemical dependency assessments of diverted
offenders where indicated, make appropriate referrals for
treatment, and monitor treatment and aftercare;
(4) provide individual, group, and family counseling
services;
(5) oversee the payment of victim restitution by diverted
offenders;
(6) assist diverted offenders in identifying and contacting
appropriate community resources;
(7) provide educational services to diverted offenders to
enable them to earn a high school diploma or GED; and
(8) provide accurate information on how diverted offenders
perform in the program to the court, prosecutors, defense
attorneys, and probation officers.
Subd. 4. [REPORTS.] By January 1, 1995, and biennially
thereafter, each county attorney shall report to the department
of corrections and the legislature on the operation of a
pretrial diversion program required by this section. The report
shall include a description of the program, the number of
offenders participating in the program, the number and
characteristics of the offenders who successfully complete the
program, the number and characteristics of the offenders who
fail to complete the program, and an evaluation of the program's
effect on the operation of the criminal justice system in the
county.
Sec. 12. Minnesota Statutes 1992, section 609.135,
subdivision 1a, is amended to read:
Subd. 1a. [FAILURE TO PAY RESTITUTION OR FINE.] If the
court orders payment of restitution or a fine as a condition of
probation and if the defendant fails to pay the restitution or a
fine in accordance with the payment schedule or structure
established by the court or the probation officer,
the prosecutor or the defendant's probation officer may, on the
prosecutor's or 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 or fine 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) (g), before the defendant's term of probation
expires.
Sec. 13. Minnesota Statutes 1992, section 609.135,
subdivision 2, is amended to read:
Subd. 2. (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.
(b) If the conviction is for a gross misdemeanor violation
of section 169.121 or 169.129, the stay shall be for not more
than three years. The court shall provide for unsupervised
probation for the last one year of the stay unless the court
finds that the defendant needs supervised probation for all or
part of the last one year.
(c) If the conviction is for a gross misdemeanor not
specified in paragraph (b), the stay shall be for not more than
two years.
(d) If the conviction is for any misdemeanor under section
169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a
misdemeanor under section 609.224, subdivision 1, in which the
victim of the crime was a family or household member as defined
in section 518B.01, 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.
(e) If the conviction is for a misdemeanor not specified in
paragraph (d), the stay shall be for not more than one year.
(f) The defendant shall be discharged when six months after
the term of the stay expires, unless the stay has been revoked
or extended under paragraph (g), or the defendant has already
been discharged.
(g) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (f), 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 or
a fine in accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution or
fine the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay
restitution or a fine 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 or fine that the defendant owes.
Sec. 14. Minnesota Statutes 1992, section 609.14,
subdivision 1, is amended to read:
Subdivision 1. [GROUNDS.] (a) When it appears that the
defendant has violated any of the conditions of probation or
intermediate sanction, or has otherwise been guilty of
misconduct which warrants the imposing or execution of sentence,
the court may without notice revoke the stay thereof and
probation and direct that the defendant be taken into immediate
custody.
(b) When it appears that the defendant violated any of the
conditions of probation during the term of the stay, but the
term of the stay has since expired, the defendant's probation
officer or the prosecutor may ask the court to initiate
probation revocation proceedings under the rules of criminal
procedure at any time within six months after the expiration of
the stay. The court also may initiate proceedings under these
circumstances on its own motion. If proceedings are initiated
within this six-month period, the court may conduct a revocation
hearing and take any action authorized under rule 27.04 at any
time during or after the six-month period.
Sec. 15. Minnesota Statutes 1992, section 609.3461, is
amended to read:
609.3461 [DNA ANALYSIS OF SEX OFFENDERS REQUIRED.]
Subdivision 1. [UPON SENTENCING.] When a The court shall
order an offender to provide a biological specimen for the
purpose of DNA analysis as defined in section 299C.155 when:
(1) the court sentences a person convicted of charged with
violating or attempting to violate section 609.342, 609.343,
609.344, or 609.345, or when a who is convicted of violating one
of those sections or of any offense arising out of the same set
of circumstances;
(2) the court sentences a person as a patterned sex
offender under section 609.1352,; or
(3) the juvenile court adjudicates a person a delinquent
child who is the subject of a delinquency petition 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
299C.155 and the delinquency adjudication is based on a
violation of one of those sections or of any offense arising out
of the same set of circumstances. The biological specimen or
the results of the analysis shall be maintained by the bureau of
criminal apprehension as provided in section 299C.155.
Subd. 2. [BEFORE RELEASE.] If a person convicted of
violating or attempting to violate section 609.342, 609.343,
609.344, or 609.345, or initially charged with violating one of
those sections and convicted of another offense arising out of
the same set of circumstances, or sentenced as a patterned sex
offender under section 609.1352, and committed to the custody of
the commissioner of corrections for a term of imprisonment, or
serving a term of imprisonment in this state under a reciprocal
agreement although convicted in another state of an offense
described in this subdivision or a similar law of the United
States or any other state, 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.
Subd. 3. [OFFENDERS FROM OTHER STATES.] When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16, the acceptance is
conditional on the offender providing a biological specimen for
the purposes of DNA analysis as defined in section 299C.155, if
the offender was convicted of an offense described in
subdivision 1 or a similar law of the United States or any other
state. The specimen must be provided under supervision of staff
from the department of corrections or a community corrections
act county within 15 business days after the offender reports to
the supervising agent. The cost of obtaining the biological
specimen is the responsibility of the agency providing
supervision.
Sec. 16. [PROBATION TASK FORCE.]
Subdivision 1. [CONTINUATION OF TASK FORCE.] The probation
standards task force appointed under Laws 1992, chapter 571,
article 11, section 15, shall file the report required by this
section.
Subd. 2. [STAFF.] The commissioner of corrections shall
make available staff as appropriate to support the work of the
task force.
Subd. 3. [REPORT.] The task force shall report to the
legislature by October 1, 1994, concerning:
(1) the number of additional probation officers needed;
(2) the funding required to provide the necessary
additional probation officers;
(3) a recommended method of funding these new positions,
including a recommendation concerning the relative county and
state obligations;
(4) recommendations as to appropriate standardized case
definitions and reporting procedures to facilitate uniform
reporting of the number and type of cases and offenders;
(5) legislative changes needed to implement objectively
defined case classification systems; and
(6) any other general recommendations to improve the
quality and administration of probation services in the state.
Sec. 17. [DIVERSION PROGRAM PLANS.]
Each county required to establish a diversion program under
section 11 shall prepare a plan to implement the diversion
program and submit the plan to the state court administrator by
January 1, 1994. A county may prepare a joint plan with other
counties in the same judicial district.
Sec. 18. [REPEALER.]
Minnesota Statutes 1992, section 243.165, is repealed.
Sec. 19. [EFFECTIVE DATE.]
Sections 12, 13, and 14, are effective August 1, 1993, and
apply to all defendants placed on probation on or after that
date. Section 15, subdivision 1, is effective August 1, 1993,
and applies to offenders sentenced or adjudicated on or after
that date. Sections 16 and 17 are effective the day following
final enactment.
ARTICLE 11
CRIMINAL AND JUVENILE JUSTICE INFORMATION
Section 1. Minnesota Statutes 1992, section 13.87,
subdivision 2, is amended to read:
Subd. 2. [CLASSIFICATION.] Criminal history data
maintained by agencies, political subdivisions and statewide
systems are classified as private, pursuant to section 13.02,
subdivision 12., except that data created, collected, or
maintained by the bureau of criminal apprehension that
identifies an individual who was convicted of a crime and the
offense of which the individual was convicted are public data
for 15 years following the discharge of the sentence imposed for
the offense.
The bureau of criminal apprehension shall provide to the
public at the central office of the bureau the ability to
inspect in person, at no charge, through a computer monitor the
criminal conviction data classified as public under this
subdivision.
Sec. 2. Minnesota Statutes 1992, section 168.345, is
amended by adding a subdivision to read:
Subd. 3. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] The
commissioner shall impose a surcharge of 25 cents on each fee
charged by the commissioner under section 13.03, subdivision 3,
for copies or electronic transmittal of public information
concerning motor vehicle registrations. This surcharge only
applies to a fee imposed in responding to a request made in
person or by mail, or to a request for transmittal through a
computer modem. The surcharge does not apply to the request of
an individual for information concerning vehicles registered in
that individual's name. The commissioner shall forward the
surcharges collected under this subdivision to the commissioner
of finance on a monthly basis. Upon receipt, the commissioner
of finance shall credit the surcharges to the general fund.
Sec. 3. Minnesota Statutes 1992, section 171.12, is
amended by adding a subdivision to read:
Subd. 8. [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] The
commissioner shall impose a surcharge of 25 cents on each fee
charged by the commissioner under section 13.03, subdivision 3,
for copies or electronic transmittal of public information
concerning driver's license and Minnesota identification card
applicants. This surcharge only applies to a fee imposed in
responding to a request made in person or by mail, or to a
request for transmittal through a computer modem. The surcharge
does not apply to the request of an individual for information
concerning that individual's driver's license or Minnesota
identification card. The commissioner shall forward the
surcharges collected under this subdivision to the commissioner
of finance on a monthly basis. Upon receipt, the commissioner
of finance shall credit the surcharges to the general fund.
Sec. 4. [AMOUNT OF INCREASE; REVISOR INSTRUCTION.]
(a) The surcharges imposed by sections 2 and 3 are intended
to increase to 50 cents the 25-cent surcharges imposed by
similar language in a bill styled as 1993 H.F. No. 1709.
(b) If sections 2 and 3 and 1993 H.F. No. 1709 become law,
the revisor shall change the amount of the surcharges as listed
in Minnesota Statutes, sections 168.345 and 171.12, to 50 cents
in each case.
Sec. 5. [EFFECTIVE DATE.]
Section 1 is effective June 1, 1994.
ARTICLE 12
CRIME PREVENTION PROGRAMS
Section 1. [242.39] [JUVENILE RESTITUTION GRANT PROGRAM.]
Subdivision 1. [GRANT PROGRAM.] A juvenile restitution
grant program is established under the commissioner of
corrections to provide and finance work for eligible juveniles.
Juveniles eligible to participate in the program are juveniles
who have monetary restitution obligations to victims.
Subd. 2. [ADMINISTERING PROGRAM.] The department of
corrections shall administer the grant program. The
commissioner shall award grants to community correction
agencies, other state and local agencies, and nonprofit agencies
that meet the criteria developed by the commissioner relating to
juvenile restitution grant programs. The criteria developed by
the commissioner may include a requirement that the agency
provide a match to the grant amount consisting of in-kind
services, money, or both.
Subd. 3. [COOPERATION; TYPES OF PROGRAMS.] The
commissioner of corrections shall work with the commissioner of
natural resources, the commissioner of jobs and training, local
government and nonprofit agencies, educational institutions, and
the courts to design and develop suitable juvenile restitution
grant programs. Programs must provide services to communities,
including but not necessarily limited to, park maintenance,
recycling, and other related work. Eligible juveniles may earn
monetary restitution on behalf of a victim or perform a service
for the victim. Work performed by eligible juveniles must not
result in the displacement of currently employed full- or
part-time workers or workers on seasonal layoff or layoff from a
substantially equivalent position, including partial
displacement such as reduction in hours of nonovertime work,
wages, or other employment benefits. Any monetary restitution
earned by an eligible juvenile must either be forwarded to the
victim or held in an account for the benefit of the victim.
Subd. 4. [REFERRAL TO PROGRAM.] The grant program must
provide that eligible juveniles may be referred to the program
by a community diversion agency, a correctional or human service
agency, or by a court order of monetary restitution.
Sec. 2. [254A.18] [STATE CHEMICAL HEALTH INDEX MODEL.]
The commissioner of human services, in consultation with
the chemical abuse prevention resource council, shall develop
and test a chemical health index model to help assess the
state's chemical health and coordinate state policy and programs
relating to chemical abuse prevention and treatment. The
chemical health index model shall assess a variety of factors
known to affect the use and abuse of chemicals in different
parts of the state including, but not limited to, demographic
factors, risk factors, health care utilization, drug-related
crime, productivity, resource availability, and overall health.
Sec. 3. Minnesota Statutes 1992, section 256.486, is
amended to read:
256.486 [ASIAN ASIAN-AMERICAN JUVENILE CRIME INTERVENTION
AND PREVENTION GRANT PROGRAM.]
Subdivision 1. [GRANT PROGRAM.] The commissioner of human
services shall establish a grant program for coordinated,
family-based crime intervention and prevention services for
Asian Asian-American youth. The commissioners of human
services, education, and public safety shall work together to
coordinate grant activities.
Subd. 2. [GRANT RECIPIENTS.] The commissioner shall award
grants in amounts up to $150,000 to agencies based in the Asian
Asian-American community that have experience providing
coordinated, family-based community services to Asian
Asian-American youth and families.
Subd. 3. [PROJECT DESIGN.] Projects eligible for grants
under this section must provide coordinated crime intervention,
prevention, and educational services that include:
(1) education for Asian Asian-American parents, including
parenting methods in the United States and information about the
United States legal and educational systems;
(2) crime intervention and prevention programs for Asian
Asian-American youth, including employment and career-related
programs and guidance and counseling services;
(3) family-based services, including support networks,
language classes, programs to promote parent-child
communication, access to education and career resources, and
conferences for Asian Asian-American children and parents;
(4) coordination with public and private agencies to
improve communication between the Asian Asian-American community
and the community at large; and
(5) hiring staff to implement the services in clauses (1)
to (4).
Subd. 4. [USE OF GRANT MONEY TO MATCH FEDERAL FUNDS.]
Grant money awarded under this section may be used to satisfy
any state or local match requirement that must be satisfied in
order to receive federal funds.
Subd. 5. [ANNUAL REPORT.] Grant recipients must report to
the commissioner by June 30 of each year on the services and
programs provided, expenditures of grant money, and an
evaluation of the program's success in reducing crime among
Asian Asian-American youth.
Sec. 4. Minnesota Statutes 1992, section 299A.35,
subdivision 1, is amended to read:
Subdivision 1. [PROGRAMS.] The commissioner shall, in
consultation with the 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) community-based programs designed to enrich the
educational, cultural, or recreational opportunities of at-risk
elementary or secondary school age youth, including programs
designed to keep at-risk youth from dropping out of school and
encourage school dropouts to return to school;
(5) support services for a municipal curfew enforcement
program including, but not limited to, rent for drop-off
centers, staff, supplies, equipment, and the referral of
children who may be abused or neglected; and
(6) other community-based crime prevention programs that
are innovative and encourage substantial involvement by members
of the community served by the program.
Sec. 5. Minnesota Statutes 1992, section 299A.35,
subdivision 2, is amended to read:
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; or any provision of chapter 152 that is punishable by a
maximum term of imprisonment greater than ten years; and
(5) the number of economically disadvantaged youth in the
geographical areas to be served by the program.
The commissioner shall give priority to funding programs in
that demonstrate substantial involvement by members of the
community served by the program and either serve 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 or serve geographical areas that have the
largest concentrations of economically disadvantaged youth. The
maximum amount that may be awarded to an applicant is $50,000.
Sec. 6. Minnesota Statutes 1992, section 299C.065,
subdivision 1, is amended to read:
Subdivision 1. [GRANTS.] 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 609.229, or domestic
assault, as defined in section 611A.0315; and
(6) for partial reimbursement of local costs associated
with unanticipated, intensive, long-term, multijurisdictional
criminal investigations that exhaust available local resources.
Sec. 7. Minnesota Statutes 1992, section 357.021,
subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$110.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $110.
The party requesting a trial by jury shall pay $30.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $5, plus 25 cents per page after the first
page, and $3.50, plus 25 cents per page after the first page for
an uncertified copy.
(3) Issuing a subpoena, $3 for each name.
(4) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10.
(5) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50.
(6) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(7) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(9) For the filing of each partial, final, or annual
account in all trusteeships, $10.
(10) For the deposit of a will, $5.
(11) For recording notary commission, $25, of which,
notwithstanding subdivision 1a, paragraph (b), $20 must be
forwarded to the state treasurer to be deposited in the state
treasury and credited to the general fund.
(12) When a defendant pleads guilty to or is sentenced for
a petty misdemeanor other than a parking violation, the
defendant shall pay a fee of $5 $11.
(13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(14) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
The fees in clauses (3) and (4) need not be paid by a
public authority or the party the public authority represents.
Sec. 8. Minnesota Statutes 1992, section 609.101,
subdivision 1, is amended to read:
Subdivision 1. [SURCHARGES AND ASSESSMENTS.] (a) When a
court sentences a person convicted of a felony, gross
misdemeanor, or misdemeanor, other than a petty misdemeanor such
as a traffic or parking violation, and if the sentence does not
include payment of a fine, the court shall impose an assessment
of not less than $25 nor more than $50. If the sentence for the
felony, gross misdemeanor, or misdemeanor includes payment of a
fine of any amount, including a fine of less than $100, the
court shall impose a surcharge on the fine of 20 percent of the
fine. This section applies whether or not the person is
sentenced to imprisonment and when the sentence is suspended.
(b) In addition to the assessments in paragraph (a), the
court shall assess the following surcharges after a person is
convicted:
(1) for a person charged with a felony, $25;
(2) for a person charged with a gross misdemeanor, $15;
(3) for a person charged with a misdemeanor other than a
traffic, parking, or local ordinance violation, $10; and
(4) for a person charged with a local ordinance violation
other than a parking or traffic violation, $5.
The surcharge must be assessed for the original charge, whether
or not it is subsequently reduced. A person charged on more
than one count may be assessed only one surcharge under this
paragraph, but must be assessed for the most serious offense.
This paragraph applies whether or not the person is sentenced to
imprisonment and when the sentence is suspended.
(c) The court may not waive payment or authorize payment of
the assessment or surcharge in installments unless it makes
written findings on the record that the convicted person is
indigent or that the assessment or surcharge would create undue
hardship for the convicted person or that person's immediate
family.
(d) If the court fails to waive or impose an assessment
required by paragraph (a), the court administrator shall correct
the record to show imposition of an assessment of $25 if the
sentence does not include payment of a fine, or if the sentence
includes a fine, to show an imposition of a surcharge of ten
percent of the fine. If the court fails to waive or impose an
assessment required by paragraph (b), the court administrator
shall correct the record to show imposition of the assessment
described in paragraph (b).
(e) (d) Except for assessments and surcharges imposed on
persons convicted of violations described in section 97A.065,
subdivision 2, the court shall collect and forward to the
commissioner of finance the total amount of the assessments or
surcharges and the commissioner shall credit all money so
forwarded to the general fund.
(f) (e) If the convicted person is sentenced to
imprisonment, the chief executive officer of the correctional
facility in which the convicted person is incarcerated may
collect the assessment or surcharge from any earnings the inmate
accrues for work performed in the correctional facility and
forward the amount to the commissioner of finance, indicating
the part that was imposed for violations described in section
97A.065, subdivision 2, which must be credited to the game and
fish fund.
Sec. 9. Minnesota Statutes 1992, section 609.101,
subdivision 2, is amended to read:
Subd. 2. [MINIMUM FINES.] Notwithstanding any other law:
(1) when a court sentences a person convicted of violating
section 609.221, 609.267, or 609.342, it must impose a fine of
not less than $500 nor more than the maximum fine authorized by
law;
(2) when a court sentences a person convicted of violating
section 609.222, 609.223, 609.2671, 609.343, 609.344, or
609.345, it must impose a fine of not less than $300 nor more
than the maximum fine authorized by law; and
(3) when a court sentences a person convicted of violating
section 609.2231, 609.224, or 609.2672, it must impose a fine of
not less than $100 nor more than the maximum fine authorized by
law.
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.
The court shall collect the portion of the fine mandated by
this subdivision and forward 70 percent of it to a local victim
assistance program that provides services locally in the county
in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be
credited to the general fund. If more than one victim
assistance 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 nature of the crime committed, the types of victims served
by the program, and the funding needs of the program. If no
victim assistance program serves that county, the court shall
forward 100 percent of the fine proceeds to the commissioner of
finance to be credited to the general fund. Fine proceeds
received by a local victim assistance program must be used to
provide direct services to crime victims.
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.
As used in this subdivision, "victim assistance program"
means victim witness programs within county attorney offices or
any of the following programs: crime victim crisis centers,
victim-witness programs, battered women shelters and nonshelter
programs, and sexual assault programs.
Sec. 10. Minnesota Statutes 1992, section 609.101,
subdivision 3, is amended 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
sections 152.021 to 152.025, it must impose a fine of not less
than $2,500 20 percent of the maximum fine authorized by law 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) (c) 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) (d) 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) (e) 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. 11. Minnesota Statutes 1992, section 609.101,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding
any other law:
(1) when a court sentences a person convicted of a felony
that is not listed in subdivision 2 or 3, it must impose a fine
of not less than 20 30 percent of the maximum fine authorized by
law nor more than the maximum fine authorized by law; and
(2) when a court sentences a person convicted of a gross
misdemeanor or misdemeanor that is not listed in subdivision 2,
it must impose a fine of not less than 20 30 percent of the
maximum fine authorized by law nor more than the maximum fine
authorized by law.
The court may not waive payment of the minimum 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.
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.
The court shall collect the fines mandated in this
subdivision and, except for fines for traffic and motor vehicle
violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20
percent of the revenues to the state treasurer for deposit in
the general fund.
Sec. 12. Minnesota Statutes 1992, section 609.101, is
amended by adding a subdivision to read:
Subd. 5. [WAIVER PROHIBITED; INSTALLMENT PAYMENTS.] The
court may not waive payment of the minimum fine, surcharge, or
assessment required by this section. The court may reduce the
amount of the minimum fine, surcharge, or assessment if the
court makes written findings on the record that the convicted
person is indigent or that immediate payment of the fine,
surcharge, or assessment would create undue hardship for the
convicted person or that person's immediate family. The court
may authorize payment of the fine, surcharge, or assessment in
installments.
Sec. 13. Laws 1992, chapter 571, article 16, section 4, is
amended to read:
Sec. 4. [MULTIDISCIPLINARY PROGRAM GRANTS FOR PROFESSIONAL
EDUCATION ABOUT VIOLENCE AND ABUSE.]
(a) The higher education coordinating board may award
grants to "eligible institutions" as defined in Minnesota
Statutes, section 136A.101, subdivision 4, to provide
multidisciplinary training programs that provide training about:
(1) the extent and causes of violence and the
identification of violence, which includes physical or sexual
abuse or neglect, and racial or cultural violence; and
(2) culturally and historically sensitive approaches to
dealing with victims and perpetrators of violence.
(b) The programs shall be multidisciplinary and include
must be designed to prepare students to be teachers, child
protection workers school administrators, law enforcement
officers, probation officers, parole officers, lawyers,
physicians, nurses, mental health professionals, social workers,
guidance counselors, and all or other education, human services,
mental health, and health care professionals who work with adult
and child victims and perpetrators of violence and abuse.
Sec. 14. [HIGHER EDUCATION GRANTS FOR COLLABORATION AMONG
HUMAN SERVICES PROFESSIONALS.]
Subdivision 1. [GRANTS.] The higher education coordinating
board shall award grants to public post-secondary institutions
to develop professional skills for interdisciplinary
collaboration in providing health care, human services, and
education.
Subd. 2. [PROGRAMS AND ACTIVITIES.] Grants shall support
the following programs and activities:
(1) on-campus, off-campus, and multicampus collaboration in
training professionals who work with adults and children to
enable higher education students to be knowledgeable about the
roles and expertise of different professions serving the same
clients;
(2) programs to teach professional education students how
health and other human services and education can be
restructured to coordinate programs for efficiency and better
results;
(3) faculty discussion and assessment of methods to provide
professionals with the skills needed to collaborate with staff
from other disciplines; and
(4) community outreach and leadership activities to reduce
fragmentation among public agencies and private organizations
serving individuals and families.
Sec. 15. [HIGHER EDUCATION CENTER ON VIOLENCE AND ABUSE.]
Subdivision 1. [CREATION AND DESIGNATION.] The higher
education center on violence and abuse is created. The higher
education center on violence and abuse shall be located at and
managed by a public or private post-secondary institution in
Minnesota. The higher education coordinating board shall
designate the location of the center following review of
proposals from potential higher education sponsors.
Subd. 2. [ADVISORY COMMITTEE.] The higher education
coordinating board shall convene an advisory committee to
develop specifications for the higher education center and
review proposals from higher education institutions. The
advisory committee shall include representatives who are
students in professional programs, other students, student
affairs professionals, professional education faculty, and
practicing professionals in the community who are involved with
problems of violence and abuse.
Subd. 3. [DUTIES.] The higher education center on violence
and abuse shall:
(1) serve as a clearinghouse of information on curriculum
models and other resources for professional education and for
education of faculty, students, and staff about violence and
harassment required under Laws 1992, chapter 571, article 16,
section 1;
(2) sponsor conferences and research to assist higher
education institutions in developing curricula about violence
and abuse;
(3) fund pilot projects to stimulate multidisciplinary
curricula about violence and abuse; and
(4) coordinate policies to ensure that professions and
occupations with responsibilities toward victims and offenders
have the knowledge and skills needed to prevent and respond
appropriately to the problems of violence and abuse.
Subd. 4. [PROFESSIONAL EDUCATION AND LICENSURE.] By March
15, 1994, the center shall convene task forces for professions
that work with victims and perpetrators of violence. Task
forces must be formed for the following professions: teachers,
school administrators, guidance counselors, law enforcement
officers, lawyers, physicians, nurses, psychologists, and social
workers. Each task force must include representatives of the
licensing agency, higher education systems offering programs in
the profession, appropriate professional associations, students
or recent graduates, representatives of communities served by
the profession, and employers or experienced professionals. The
center must establish guidelines for the work of the task
forces. Each task force must review current programs, licensing
regulations and examinations, and accreditation standards to
identify specific needs and plans for ensuring that
professionals are adequately prepared and updated on violence
and abuse issues.
Subd. 5. [PROGRESS REPORT.] The center shall provide a
progress report to the legislature by March 15, 1994.
Sec. 16. [INSTITUTE FOR CHILD AND ADOLESCENT SEXUAL
HEALTH.]
Subdivision 1. [PLANNING.] The interdisciplinary committee
established in Laws 1992, chapter 571, article 1, section 28,
shall continue planning for an institute for child and
adolescent sexual health.
Subd. 2. [SPECIFIC RECOMMENDATIONS.] (a) The committee
shall develop specific recommendations regarding the structure,
funding, staffing and staff qualifications, siting, and
affiliations of the institute, and a detailed plan for long-term
funding of the institute which shall not be a state program.
(b) The committee shall also clearly document and describe
the following:
(1) the problems to be addressed by the institute,
including statistical data on the extent of these problems;
(2) strategies already available in the professional
literature to address these problems;
(3) information on which of these strategies have been
implemented in Minnesota, including data on the availability and
effectiveness of these strategies and gaps in the availability
of these strategies;
(4) the rationale for the recommended design of the
institute; and
(5) the mission of the institute, including a code of
ethics for conducting research.
Subd. 3. [REPORT.] The commissioner of health shall submit
a report to the legislature by January 1, 1994, based on the
recommendations of the committee.
Sec. 17. [SURVEY OF INMATES.]
Subdivision 1. [SURVEY REQUIRED.] The commissioner of
corrections shall conduct a survey of inmates in the state
correctional system who have been committed to the custody of
the commissioner for a period of more than one year's
incarceration. The survey may be conducted by an outside
party. In surveying the inmates, the commissioner shall take
steps to ensure that the confidentiality of responses is
strictly maintained. The survey shall compile information about
each inmate concerning, but not limited to, the following:
(1) offense for which currently incarcerated;
(2) sex of inmate, place of birth, date of birth, and age
of mother at birth;
(3) major caretaker during preschool years, marital status
of family, and presence of male in household during childhood;
(4) number of siblings;
(5) attitude toward school, truancy history, and school
suspension history;
(6) involvement of sibling or parent in criminal justice
system;
(7) age of inmate's first involvement in criminal justice
system, the type of offense or charge, the response of criminal
justice system, and the type of treatment or punishment, if any;
(8) nature of discipline used in home;
(9) placement in foster care or adoption;
(10) childhood traumas;
(11) most influential adult in life;
(12) chemical abuse problems among adults in household
while a child;
(13) inmate's chemical history, and if a problem of
chemical abuse exists, the age of its onset;
(14) city, suburb, small town, or rural environment during
childhood and state or states of residence before the age of 18;
(15) number of times family moved during school years;
(16) involvement with school or community activities;
(17) greatest problem as a child;
(18) greatest success as a child; and
(19) physical or sexual abuse as a child.
Subd. 2. [REPORT.] By January 1, 1994, the commissioner
shall compile the results of the survey and report them to the
chairs of the senate committee on crime prevention and the house
committee on judiciary. Information concerning the identity of
individual inmates shall not be reported.
Sec. 18. Laws 1991, chapter 279, section 41, is amended to
read:
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. 19. [REPEALER.]
Minnesota Statutes 1992, section 299A.325, is repealed.
ARTICLE 13
TECHNICAL CORRECTIONS
Section 1. Minnesota Statutes 1992, section 144A.04,
subdivision 4, is amended to read:
Subd. 4. [CONTROLLING PERSON RESTRICTIONS.] (a) The
controlling persons of a nursing home may not include any person
who was a controlling person of another nursing home during any
period of time in the previous two-year period:
(1) during which time of control that other nursing home
incurred the following number of uncorrected or repeated
violations:
(i) two or more uncorrected violations or one or more
repeated violations which created an imminent risk to direct
resident care or safety; or
(ii) four or more uncorrected violations or two or more
repeated violations of any nature for which the fines are in the
four highest daily fine categories prescribed in rule; or
(2) who was convicted of a felony or gross misdemeanor
punishable by a term of imprisonment of more than 90 days that
relates to operation of the nursing home or directly affects
resident safety or care, during that period.
(b) The provisions of this subdivision shall not apply to
any controlling person who had no legal authority to affect or
change decisions related to the operation of the nursing home
which incurred the uncorrected violations.
Sec. 2. Minnesota Statutes 1992, section 144A.04,
subdivision 6, is amended to read:
Subd. 6. [MANAGERIAL EMPLOYEE OR LICENSED ADMINISTRATOR;
EMPLOYMENT PROHIBITIONS.] A nursing home may not employ as a
managerial employee or as its licensed administrator any person
who was a managerial employee or the licensed administrator of
another facility during any period of time in the previous
two-year period:
(a) During which time of employment that other nursing home
incurred the following number of uncorrected violations which
were in the jurisdiction and control of the managerial employee
or the administrator:
(1) two or more uncorrected violations or one or more
repeated violations which created an imminent risk to direct
resident care or safety; or
(2) four or more uncorrected violations or two or more
repeated violations of any nature for which the fines are in the
four highest daily fine categories prescribed in rule; or
(b) who was convicted of a felony or gross misdemeanor
punishable by a term of imprisonment of more than 90 days that
relates to operation of the nursing home or directly affects
resident safety or care, during that period.
Sec. 3. Minnesota Statutes 1992, section 144A.11,
subdivision 3a, is amended to read:
Subd. 3a. [MANDATORY REVOCATION.] Notwithstanding the
provisions of subdivision 3, the commissioner shall revoke a
nursing home license if a controlling person is convicted of a
felony or gross misdemeanor punishable by a term of imprisonment
of more than 90 days that relates to operation of the nursing
home or directly affects resident safety or care. The
commissioner shall notify the nursing home 30 days in advance of
the date of revocation.
Sec. 4. Minnesota Statutes 1992, section 144B.08,
subdivision 3, is amended to read:
Subd. 3. [MANDATORY REVOCATION OR REFUSAL TO ISSUE A
LICENSE.] Notwithstanding subdivision 2, the commissioner shall
revoke or refuse to issue a residential care home license if the
applicant, licensee, or manager of the licensed home is
convicted of a felony or gross misdemeanor that is punishable by
a term of imprisonment of not more than 90 days and that relates
to operation of the residential care home or directly affects
resident safety or care. The commissioner shall notify the
residential care home 30 days before the date of revocation.
Sec. 5. Minnesota Statutes 1992, section 152.021,
subdivision 3, is amended to read:
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 committed to the commissioner of
corrections 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.
(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.
Sec. 6. Minnesota Statutes 1992, section 152.022,
subdivision 3, is amended to read:
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 committed to the commissioner of
corrections 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.
(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.
Sec. 7. Minnesota Statutes 1992, section 152.023,
subdivision 3, is amended to read:
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 committed to the commissioner of
corrections 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. 8. Minnesota Statutes 1992, section 152.024,
subdivision 3, is amended to read:
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 committed to the commissioner of
corrections or to a local correctional authority 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. 9. Minnesota Statutes 1992, section 152.025,
subdivision 3, is amended to read:
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 committed to the commissioner of
corrections or to a local correctional authority 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. 10. Minnesota Statutes 1992, section 152.026, is
amended to read:
152.026 [MANDATORY SENTENCES.]
A defendant convicted and sentenced to a mandatory sentence
under sections 152.021 to 152.025 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. "Term of imprisonment" has the meaning
given in section 244.01, subdivision 8.
Sec. 11. Minnesota Statutes 1992, section 152.18,
subdivision 1, is amended to read:
Subdivision 1. If any person is found guilty of a
violation of section 152.024, 152.025, or 152.027 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 the 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 sentence provided for the 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 the person and discharge the person from
probation before the expiration of the maximum period prescribed
for the person's probation. If during the period of probation
the person does not violate any of the conditions of the
probation, then upon expiration of the period the court shall
discharge the person and dismiss the proceedings against that
person. Discharge and dismissal under this subdivision shall be
without court adjudication of guilt, but a not public record of
it shall be retained by the department of public safety for the
purpose of use by the courts in determining the merits of
subsequent proceedings against the person. The not public
record may also be opened only upon court order for purposes of
a criminal investigation, prosecution, or sentencing. Upon
request by law enforcement, prosecution, or corrections
authorities, the department shall notify the requesting party of
the existence of the not public record and the right to seek a
court order to open it pursuant to this section. The court
shall forward a record of any discharge and dismissal under this
subdivision to the department of public safety who shall make
and maintain the not public record of it as provided under this
subdivision. The 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.
For purposes of this subdivision, "not public" has the
meaning given in section 13.02, subdivision 8a.
Sec. 12. Minnesota Statutes 1992, section 169.121,
subdivision 3a, is amended to read:
Subd. 3a. [HABITUAL OFFENDER PENALTIES.] (a) If a person
has been convicted 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 if the person is then convicted of a gross misdemeanor
violation of this section, a violation of section 169.129, or an
ordinance in conformity with either of them (1) once within five
years after the first conviction or (2) two or more times within
ten years after the first conviction, the person must be
sentenced to a minimum of 30 days imprisonment or to eight hours
of community work service for each day less than 30 days that
the person is ordered to serve in jail. Provided, that if a
person is convicted of violating this section, section 169.129,
or an ordinance in conformity with either of them two or more
times within five years after the first conviction, or within
five years after the first of two or more license revocations,
as defined in subdivision 3, paragraph (a), clause (2), the
person must be sentenced to a minimum of 30 days imprisonment
and the sentence may not be waived under paragraph (b) or (c).
Notwithstanding section 609.135, the above sentence must be
executed, unless the court departs from the mandatory minimum
sentence under paragraph (b) or (c).
(b) Prior to sentencing the prosecutor may file a motion to
have the defendant sentenced without regard to the mandatory
minimum sentence established by this subdivision. The motion
must be accompanied by a statement on the record of the reasons
for it. When presented with the prosecutor's motion and if it
finds that substantial mitigating factors exist, the court shall
sentence the defendant without regard to the mandatory minimum
term of imprisonment sentence established by this subdivision.
(c) The court may, on its own motion, sentence the
defendant without regard to the mandatory minimum term of
imprisonment sentence established by this subdivision if it
finds that substantial mitigating factors exist and if its
sentencing departure is accompanied by a statement on the record
of the reasons for it.
(d) The court may sentence the defendant without regard to
the mandatory minimum term of imprisonment sentence established
by this subdivision if the defendant is sentenced to probation
and ordered to participate in a program established under
section 169.1265.
(e) When any portion of the sentence required by this
subdivision is not executed, the court should impose a sentence
that is proportional to the extent of the offender's prior
criminal and moving traffic violation record.
Sec. 13. Minnesota Statutes 1992, section 238.16,
subdivision 2, is amended to read:
Subd. 2. [GROSS MISDEMEANOR.] Any person violating the
provisions of this chapter is guilty of a gross misdemeanor.
Any term of imprisonment sentence imposed for any violation by a
corporation shall be served by the senior resident officer of
the corporation.
Sec. 14. Minnesota Statutes 1992, section 244.065, is
amended to read:
244.065 [PRIVATE EMPLOYMENT OF INMATES OF STATE
CORRECTIONAL INSTITUTIONS IN COMMUNITY.]
When consistent with the public interest and the public
safety, the commissioner of corrections may conditionally
release an inmate to work at paid employment, seek employment,
or participate in a vocational training or educational program,
as provided in section 241.26, if the inmate has served at least
one half of the term of imprisonment as reduced by good time
earned by the inmate.
Sec. 15. Minnesota Statutes 1992, section 244.14,
subdivision 3, is amended to read:
Subd. 3. [SANCTIONS.] The commissioner shall impose severe
and meaningful sanctions for violating the conditions of an
intensive community supervision program. The commissioner shall
provide for revocation of intensive community supervision of an
offender who:
(1) commits a material violation of or repeatedly fails to
follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony
offense; or
(3) presents a risk to the public, based on the offender's
behavior, attitude, or abuse of alcohol or controlled substances.
The revocation of intensive community supervision is governed by
the procedures in the commissioner's rules adopted under section
244.05, subdivision 2.
An offender whose intensive community supervision is
revoked shall be imprisoned for a time period equal to the
offender's original term of imprisonment, but in no case for
longer than the time remaining in the offender's sentence.
"Original Term of imprisonment" means a time period equal to
two-thirds of the sentence originally executed by the sentencing
court, minus jail credit, if any.
Sec. 16. Minnesota Statutes 1992, section 244.15,
subdivision 1, is amended to read:
Subdivision 1. [DURATION.] Phase I of an intensive
community supervision program is six months, or one-half the
time remaining in the offender's original term of imprisonment,
whichever is less. Phase II lasts for at least one-third of the
time remaining in the offender's original term of imprisonment
at the beginning of Phase II. Phase III lasts for at least
one-third of the time remaining in the offender's original term
of imprisonment at the beginning of Phase III. Phase IV
continues until the commissioner determines that the offender
has successfully completed the program or until the offender's
sentence, minus jail credit, expires, whichever occurs first.
If an offender successfully completes the intensive community
supervision program before the offender's sentence expires, the
offender shall be placed on supervised release for the remainder
of the sentence.
Sec. 17. Minnesota Statutes 1992, section 244.171,
subdivision 4, is amended to read:
Subd. 4. [SANCTIONS.] The commissioner shall impose severe
and meaningful sanctions for violating the conditions of the
challenge incarceration program. The commissioner shall remove
an offender from the challenge incarceration program if the
offender:
(1) commits a material violation of or repeatedly fails to
follow the rules of the program;
(2) commits any misdemeanor, gross misdemeanor, or felony
offense; or
(3) presents a risk to the public, based on the offender's
behavior, attitude, or abuse of alcohol or controlled
substances. The removal of an offender from the challenge
incarceration program is governed by the procedures in the
commissioner's rules adopted under section 244.05, subdivision 2.
An offender who is removed from the challenge incarceration
program shall be imprisoned for a time period equal to the
offender's original term of imprisonment, minus earned good time
if any, but in no case for longer than the time remaining in the
offender's sentence. "Original Term of imprisonment" means a
time period equal to two-thirds of the sentence originally
executed by the sentencing court, minus jail credit, if any.
Sec. 18. Minnesota Statutes 1992, section 299A.35,
subdivision 2, is amended to read:
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; or any provision of chapter 152 that is punishable by a
maximum term of imprisonment sentence 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.
Sec. 19. Minnesota Statutes 1992, section 609.0341,
subdivision 1, is amended to read:
Subdivision 1. [GROSS MISDEMEANORS.] Any law of this state
which provides for a maximum fine of $1,000 or for a maximum
term sentence of imprisonment of one year or which is defined as
a gross misdemeanor shall, on or after August 1, 1983, be deemed
to provide for a maximum fine of $3,000 and for a maximum term
sentence of imprisonment of one year.
Sec. 20. Minnesota Statutes 1992, section 609.101,
subdivision 2, is amended to read:
Subd. 2. [MINIMUM FINES.] Notwithstanding any other law:
(1) when a court sentences a person convicted of violating
section 609.221, 609.267, or 609.342, it must impose a fine of
not less than $500 nor more than the maximum fine authorized by
law;
(2) when a court sentences a person convicted of violating
section 609.222, 609.223, 609.2671, 609.343, 609.344, or
609.345, it must impose a fine of not less than $300 nor more
than the maximum fine authorized by law; and
(3) when a court sentences a person convicted of violating
section 609.2231, 609.224, or 609.2672, it must impose a fine of
not less than $100 nor more than the maximum fine authorized by
law.
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.
The court shall collect the portion of the fine mandated by
this subdivision and forward 70 percent of it to a local victim
assistance program that provides services locally in the county
in which the crime was committed. The court shall forward the
remaining 30 percent to the commissioner of finance to be
credited to the general fund. If more than one victim
assistance 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 nature of the crime committed, the types of victims served
by the program, and the funding needs of the program. If no
victim assistance program serves that county, the court shall
forward 100 percent of the fine proceeds to the commissioner of
finance to be credited to the general fund. Fine proceeds
received by a local victim assistance program must be used to
provide direct services to crime victims.
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 sentence of imprisonment or
restitution imposed or ordered by the court.
As used in this subdivision, "victim assistance program"
means victim witness programs within county attorney offices or
any of the following programs: crime victim crisis centers,
victim-witness programs, battered women shelters and nonshelter
programs, and sexual assault programs.
Sec. 21. Minnesota Statutes 1992, section 609.101,
subdivision 3, is amended 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 sentence 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. 22. Minnesota Statutes 1992, section 609.101,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding
any other law:
(1) when a court sentences a person convicted of a felony
that is not listed in subdivision 2 or 3, it must impose a fine
of not less than 20 percent of the maximum fine authorized by
law nor more than the maximum fine authorized by law; and
(2) when a court sentences a person convicted of a gross
misdemeanor or misdemeanor that is not listed in subdivision 2,
it must impose a fine of not less than 20 percent of the maximum
fine authorized by law nor more than the maximum fine authorized
by law.
The court may not waive payment of the minimum 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.
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 sentence of imprisonment or
restitution imposed or ordered by the court.
Sec. 23. Minnesota Statutes 1992, section 609.11, is
amended to read:
609.11 [MINIMUM TERMS SENTENCES OF IMPRISONMENT.]
Subdivision 1. [COMMITMENTS WITHOUT MINIMUMS.] All
commitments to the commissioner of corrections for imprisonment
of the defendant are without minimum terms except when the
sentence is to life imprisonment as required by law and except
as otherwise provided in this chapter.
Subd. 4. [DANGEROUS WEAPON.] Any defendant convicted of an
offense listed in subdivision 9 in which the defendant or an
accomplice, at the time of the offense, used, whether by
brandishing, displaying, threatening with, or otherwise
employing, a dangerous weapon other than a firearm, or had in
possession a firearm, shall be committed to the commissioner of
corrections for a mandatory minimum term of imprisonment of not
less than one year plus one day, nor more than the maximum
sentence provided by law. Any defendant convicted of a second
or subsequent offense in which the defendant or an accomplice,
at the time of the offense, used a dangerous weapon other than a
firearm, or had in possession a firearm, shall be committed to
the commissioner of corrections for a mandatory minimum term of
imprisonment of not less than three years nor more than the
maximum sentence provided by law.
Subd. 5. [FIREARM.] Any defendant convicted of an offense
listed in subdivision 9 in which the defendant or an accomplice,
at the time of the offense, used, whether by brandishing,
displaying, threatening with, or otherwise employing, a firearm,
shall be committed to the commissioner of corrections for a
mandatory minimum term of imprisonment of not less than three
years, nor more than the maximum sentence provided by law. Any
defendant convicted of a second or subsequent offense in which
the defendant or an accomplice, at the time of the offense, used
a firearm shall be committed to the commissioner of corrections
for a mandatory minimum term of imprisonment of not less than
five years, nor more than the maximum sentence provided by law.
Subd. 5a. [DRUG OFFENSES.] Notwithstanding section
609.035, whenever a defendant is subject to a mandatory minimum
term of imprisonment sentence for a felony violation of chapter
152 and is also subject to this section, the minimum term of
imprisonment sentence imposed under this section shall be
consecutive to that imposed under chapter 152.
Subd. 6. [NO EARLY RELEASE.] Any defendant convicted and
sentenced as required by this section 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 the provisions
of sections 242.19, 243.05, 244.04, 609.12 and 609.135.
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.
Subd. 8. [MOTION BY PROSECUTOR.] Prior to the time of
sentencing, the prosecutor may file a motion to have the
defendant sentenced without regard to the mandatory minimum
terms of imprisonment sentences established by this section.
The motion shall be accompanied by a statement on the record of
the reasons for it. When presented with the motion and if it
finds substantial mitigating factors exist, the court shall
sentence the defendant without regard to the mandatory
minimum terms of imprisonment sentences established by this
section.
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. 24. Minnesota Statutes 1992, section 609.135,
subdivision 1, is amended to read:
Subdivision 1. [TERMS AND CONDITIONS.] Except when a
sentence of life imprisonment is required by law, or when a
mandatory minimum term of imprisonment sentence is required by
section 609.11, any court may stay imposition or execution of
sentence and (a) may order intermediate sanctions without
placing the defendant on probation, or (b) may place the
defendant on probation with or without supervision and on the
terms the court prescribes, including intermediate sanctions
when practicable. The court may order the supervision to be
under the probation officer of the court, or, if there is none
and the conviction is for a felony or gross misdemeanor, by the
commissioner of corrections, or in any case by some other
suitable and consenting person. No intermediate sanction may be
ordered performed at a location that fails to observe applicable
requirements or standards of chapter 181A or 182, or any rule
promulgated under them. For purposes of this subdivision,
subdivision 6, and section 609.14, the term "intermediate
sanctions" includes but is not limited to incarceration in a
local jail or workhouse, home detention, electronic monitoring,
intensive probation, sentencing to service, reporting to a day
reporting center, chemical dependency or mental health treatment
or counseling, restitution, fines, day-fines, community work
service, and work in lieu of or to work off fines.
A court may not stay the revocation of the driver's license
of a person convicted of violating the provisions of section
169.121.
Sec. 25. Minnesota Statutes 1992, section 609.1352,
subdivision 1, is amended to read:
Subdivision 1. [SENTENCING AUTHORITY.] A court shall
sentence commit a person to a term of imprisonment of the
commissioner of corrections for a period of time that is 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 for a period of time that is
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 unless the
offender refuses to be examined. 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.
Sec. 26. Minnesota Statutes 1992, section 609.15,
subdivision 2, is amended to read:
Subd. 2. [LIMIT ON TERMS SENTENCES; MISDEMEANOR AND GROSS
MISDEMEANOR.] If the court specifies that the sentence shall run
consecutively and all of the sentences are for misdemeanors, the
total of the terms of imprisonment sentences shall not exceed
one year. If all of the sentences are for gross misdemeanors,
the total of the terms sentences shall not exceed three years.
Sec. 27. Minnesota Statutes 1992, section 609.152,
subdivision 1, is amended to read:
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 sentence of 15
years or more.
Sec. 28. Minnesota Statutes 1992, section 609.196, is
amended to read:
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 sentence for the offense if the
person was previously convicted of a heinous crime as defined in
section 609.184 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. 29. Minnesota Statutes 1992, section 609.229,
subdivision 3, is amended to read:
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 for not more than one
year and a day or to payment of a fine of not more than $5,000,
or both.
Sec. 30. Minnesota Statutes 1992, section 609.346,
subdivision 2, is amended to read:
Subd. 2. [SUBSEQUENT SEX OFFENSE; PENALTY.] Except as
provided in subdivision 2a or 2b, if a person is convicted under
sections 609.342 to 609.345, within 15 years of 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 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. 31. Minnesota Statutes 1992, section 609.346,
subdivision 2b, is amended to read:
Subd. 2b. [MANDATORY 30-YEAR SENTENCE.] (a) The court
shall sentence commit a person to a term of the commissioner of
corrections for not less than 30 years, notwithstanding the
statutory maximum sentence under section 609.343, if:
(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); or 609.343,
subdivision 1, clause (c), (d), (e), or (f); and
(2) the court determines on the record at the time of
sentencing that:
(i) the crime involved an aggravating factor that would
provide grounds for an upward departure under the sentencing
guidelines other than the aggravating factor applicable to
repeat criminal sexual conduct convictions; and
(ii) the person has a previous sex offense conviction 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 or execution of the sentence required by this
subdivision.
Sec. 32. Minnesota Statutes 1992, section 609.3461,
subdivision 2, is amended to read:
Subd. 2. [BEFORE RELEASE.] If a person convicted of
violating or attempting to violate section 609.342, 609.343,
609.344, or 609.345, or sentenced as a patterned sex offender
under section 609.1352, 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. 33. Minnesota Statutes 1992, section 609.582,
subdivision 1a, is amended to read:
Subd. 1a. [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF
OCCUPIED DWELLING.] A person convicted of committing burglary of
an occupied dwelling, as defined in subdivision 1, clause (a),
must be committed to the commissioner of corrections or county
workhouse for a mandatory minimum term of imprisonment of not
less than six months.
Sec. 34. Minnesota Statutes 1992, section 609.891,
subdivision 2, is amended to read:
Subd. 2. [FELONY.] (a) A person who violates subdivision 1
in a manner that creates a grave risk of causing the death of a
person is guilty of a felony and may be sentenced to a term of
imprisonment of for not more than ten years or to payment of a
fine of not more than $20,000, or both.
(b) A person who is convicted of a second or subsequent
gross misdemeanor violation of subdivision 1 is guilty of a
felony and may be sentenced under paragraph (a).
Sec. 35. Minnesota Statutes 1992, section 611A.06,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE OF RELEASE REQUIRED.] The
commissioner of corrections or other custodial authority shall
make a good faith effort to notify the victim that the offender
is to be released from imprisonment or incarceration, including
release on extended furlough and for work release; released from
a juvenile correctional facility; released from a facility in
which the offender was confined due to incompetency, mental
illness, or mental deficiency, or commitment under section
253B.18; or transferred from one correctional facility to
another when the correctional program involves less security, if
the victim has mailed to the commissioner of corrections or to
the head of the facility in which the offender is confined a
written request for this notice. The good faith effort to
notify the victim must occur prior to the release, transfer, or
change in security status. For a victim of a felony crime
against the person for which the offender was sentenced to a
term of imprisonment of for more than 18 months, the good faith
effort to notify the victim must occur 60 days before the
offender's release, transfer, or change in security status.
Sec. 36. Minnesota Statutes 1992, section 629.291,
subdivision 1, is amended to read:
Subdivision 1. [PETITION FOR TRANSFER.] The attorney
general of the United States, or any of the attorney general's
assistants, or the United States attorney for the district of
Minnesota, or any of the United States attorney's assistants,
may file a petition with the governor requesting the state of
Minnesota to consent to transfer an inmate, serving a term of
imprisonment sentence in a Minnesota correctional facility for
violation of a Minnesota criminal law, to the United States
district court for the purpose of being tried for violation of a
federal criminal law. In order for a petition to be filed under
this section, the inmate must at the time of the filing of the
petition be under indictment in the United States district court
for Minnesota for violation of a federal criminal law. The
petition must name the inmate for whom transfer is requested and
the Minnesota correctional facility in which the inmate is
imprisoned. The petition must be verified and have a certified
copy of the federal indictment attached to it. The petitioner
must agree in the petition to pay all expenses incurred by the
state in transferring the inmate to the United States court for
trial.
Sec. 37. [EFFECTIVE DATE.]
Sections 1 to 36 are effective August 1, 1993, and apply to
crimes committed on or after that date.
ARTICLE 14
APPROPRIATIONS
Section 1. [APPROPRIATION.]
$9,345,000 is appropriated from the general fund to the
agencies and for the purposes indicated in this article, to be
available for the fiscal year ending June 30 in the years
indicated.
1994 1995
Sec. 2. DEPARTMENT OF
EDUCATION.
For violence prevention education
grants under Minnesota Statutes,
section 126.78. One hundred percent
of this appropriation must be paid
according to the process established
in Minnesota Statutes, section 124.195,
subdivision 9. Up to $50,000 of this
appropriation may be used for
administration of the programs funded
in this section. 1,500,000 1,500,000
Sec. 3. HIGHER EDUCATION
COORDINATING BOARD
For purposes of article 12,
sections 13, 14, and 15. 200,000 200,000
Sec. 4. DARE ADVISORY COUNCIL
For drug abuse resistance
education programs under Minnesota
Statutes, section 299A.331. 190,000 190,000
Sec. 5. DEPARTMENT OF PUBLIC
SAFETY 950,000 950,000
(a) For community crime reduction
grants under Minnesota Statutes,
section 299A.35. Of this appropriation,
$500,000 each year is for programs
qualifying under Minnesota Statutes,
section 299A.35, subdivision 1,
clauses (2) and (4); $100,000 each
year is for programs qualifying under
section 299A.35, subdivision 1,
clause (3); and $100,000
each year is for programs
qualifying under section 299A.35,
subdivision 1, clause (5). 700,000 700,000
(b) For the costs of providing
training on and auditing of
the BCA's criminal justice information
systems reporting requirements. 100,000 100,000
(c) For the costs of providing
training on and auditing of the
criminal justice data communications
network criminal justice information
systems reporting requirements. 100,000 100,000
(d) For the costs of implementing
the sex offender registration
provisions. 50,000 50,000
Sec. 6. DEPARTMENT OF HUMAN
SERVICES
For the Asian-American juvenile crime
prevention grant program authorized
by Minnesota Statutes, section
256.486. 100,000 100,000
Sec. 7. DEPARTMENT OF HEALTH
For the planning process for an
institute for child and adolescent
sexual health. 65,000 -0-
Sec. 8. DEPARTMENT OF
CORRECTIONS 1,500,000 1,600,000
(a) For the survey of inmates
required by article 12, section 17. 25,000 -0-
(b) For the sex offender
programming project required by
article 8, section 7, to be
available until June 30, 1995. 1,175,000 1,300,000
(c) For the costs of providing
training on and auditing of criminal
justice information systems reporting
requirements. 50,000 50,000
(d) For the costs of the juvenile
restitution grant program. The
commissioner may use up to five percent
of this appropriation for
administrative expenses. 250,000 250,000
Sec. 9. SUPREME COURT
For the costs of providing
training on and auditing of
criminal justice information systems
reporting requirements. 100,000 100,000
Sec. 10. SENTENCING
GUIDELINES COMMISSION
For the costs of providing
training on and auditing of criminal
justice information systems reporting
requirements. 50,000 50,000
Presented to the governor May 17, 1993
Signed by the governor May 20, 1993, 2:17 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes