Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1994, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 636-H.F.No. 2351
An act relating to crime and crime prevention;
appropriating money for the attorney general, public
defense, courts, corrections, criminal justice, and
crime prevention and education programs; increasing
penalties for a variety of violent crimes; requiring
certain dangerous repeat offenders to serve mandatory
minimum sentences; increasing regulation of and
penalties for unlawful possession or use of firearms
and other dangerous weapons; expanding the forfeiture
law's definition of "weapon used"; requiring the
destruction of forfeited weapons used, firearms,
ammunition, and firearm accessories; increasing the
maximum fine applicable to petty misdemeanor traffic
violations; requiring the sentencing guidelines
commission to study the guidelines and related
statutes; providing for access to and sharing of
government data relating to criminal investigations;
improving law enforcement investigations of reports of
missing and endangered children; providing a number of
new investigative tools for law enforcement agencies;
regulating explosives and blasting agents; modifying
programs in state and local correctional facilities;
increasing crime victim rights and protections;
authorizing additional district court judgeships;
increasing court witness fees; requiring a study of
civil commitment laws; completing the state takeover
of public defender services; authorizing a variety of
crime prevention programs; amending Minnesota Statutes
1992, sections 2.722, subdivision 1; 8.06; 13.32, by
adding a subdivision; 13.99, subdivision 79; 84.9691;
144.125; 145A.05, by adding a subdivision; 169.89,
subdivision 2; 171.18, subdivision 1; 171.22,
subdivision 2; 219.383, subdivision 4; 241.021,
subdivision 2; 241.26, subdivision 7; 243.05,
subdivision 1, and by adding subdivisions; 243.166,
subdivision 5; 243.18, subdivision 1; 243.23,
subdivision 2; 243.24, subdivision 1; 244.09,
subdivision 11, and by adding a subdivision; 244.12,
subdivisions 1 and 2; 244.13, subdivisions 1 and 3;
244.15, subdivision 4; 244.172, subdivision 3;
244.173; 253B.19, subdivision 2; 260.132, by adding a
subdivision; 260.161, subdivision 2, and by adding
subdivisions; 260.165, subdivision 1; 299A.31;
299A.32, subdivision 3; 299A.34, subdivisions 1 and 2;
299A.35, subdivision 3; 299A.36; 299A.38, subdivision
3; 299C.065, as amended; 299C.11; 299C.14; 299C.52,
subdivision 1; 299C.53, subdivision 1, and by adding a
subdivision; 299D.07; 299F.72, subdivision 2, and by
adding subdivisions; 299F.73; 299F.74; 299F.75;
299F.77; 299F.78, subdivision 1; 299F.79; 299F.80;
299F.82; 299F.83; 357.22; 357.241; 357.242; 383B.225,
subdivision 6; 388.051, by adding a subdivision;
477A.012, by adding subdivisions; 484.74, subdivision
4; 485.06; 487.25, by adding a subdivision; 494.05;
508.11; 600.23, subdivision 1; 609.0331; 609.0332;
609.115, subdivision 1; 609.152, by adding a
subdivision; 609.165, by adding a subdivision;
609.185; 609.223, by adding a subdivision; 609.2231,
subdivision 2; 609.224, subdivision 3; 609.245;
609.25, subdivision 2; 609.26, subdivisions 1 and 6;
609.28; 609.3241; 609.325, subdivision 2; 609.341,
subdivisions 4, 9, 11, and 12; 609.342, subdivision 1;
609.377; 609.485, subdivisions 2 and 4; 609.506, by
adding a subdivision; 609.52, subdivision 3; 609.5315,
subdivisions 3, 6, and by adding a subdivision;
609.5316, subdivisions 1 and 3; 609.561, by adding a
subdivision; 609.611; 609.66, subdivisions 1b, 1c, and
by adding subdivisions; 609.713, subdivision 3;
609.72, subdivision 1; 609.746, subdivision 1;
609.855; 609.87, by adding a subdivision; 609.88,
subdivision 1; 609.89, subdivision 1; 611.21; 611.26,
subdivisions 4 and 6; 611A.036; 611A.045, subdivision
3; 611A.19; 611A.53, subdivision 2; 617.23; 624.21;
624.712, by adding subdivisions; 624.7131, subdivision
2; 624.714, subdivisions 3, 4, and 6; 624.731,
subdivisions 4 and 8; 626.556, subdivisions 3a, 6, and
10e; 626.557, subdivisions 2, 10a, and 12; 626.76;
626.846, subdivision 6; 626A.05, subdivision 2;
629.471; 629.73; 631.021; 631.425, subdivision 6;
642.09; Minnesota Statutes 1993 Supplement, sections
8.15; 13.46, subdivision 2; 13.82, subdivision 10;
171.24; 241.021, subdivision 1; 242.51; 243.166,
subdivisions 1, 2, and 9; 243.18, subdivision 2;
244.05, subdivision 5; 260.161, subdivision 3;
299A.35, subdivision 1; 299C.10, subdivision 1;
357.021, subdivision 2; 357.24; 388.23, subdivision 1;
401.13; 480.30; 518B.01, subdivisions 6 and 14;
593.48; 609.11, subdivisions 4, 5, 8, and by adding a
subdivision; 609.1352, subdivision 1; 609.14,
subdivision 1; 609.344, subdivision 1; 609.345,
subdivision 1; 609.531, subdivision 1; 609.5315,
subdivisions 1 and 2; 609.685, subdivision 3; 609.713,
subdivision 1; 609.748, subdivision 5; 609.902,
subdivision 4; 611.17; 611.20, subdivision 2; 611.27,
subdivision 4; 611A.04, subdivision 1; 611A.06,
subdivision 1; 611A.52, subdivision 8; 624.712,
subdivision 5; 624.713, subdivision 1, and by adding a
subdivision; 624.7131, subdivisions 1 and 10;
624.7132, subdivisions 1, 2, 4, 8, 12, and 14;
624.7181; 626.556, subdivision 2; 626.861, subdivision
4; and 628.26; Laws 1993, chapter 146, article 2,
section 32; proposing coding for new law in Minnesota
Statutes, chapters 126; 144; 241; 242; 245; 253B;
299C; 299F; 609; 611A; 624; 626; and 629; repealing
Minnesota Statutes 1992, sections 8.34, subdivision 2;
152.01, subdivision 17; 299F.71; 299F.72, subdivisions
3 and 4; 299F.78, subdivision 2; 299F.815, subdivision
2; 609.0332, subdivision 2; 609.855, subdivision 4;
and 629.69; Minnesota Statutes 1993 Supplement,
sections 243.18, subdivision 3; 299F.811; 299F.815,
subdivision 1; and 624.7132, subdivision 7.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
APPROPRIATIONS
Section 1. [CRIMINAL JUSTICE AND CRIME PREVENTION;
APPROPRIATIONS.]
The sums shown in the columns marked "APPROPRIATIONS" are
appropriated from the general fund, or another fund named, to
the agencies and for the purposes specified in this article, to
be available for the fiscal years indicated for each purpose.
The figures "1994" and "1995," where used in this article, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 1994, or June 30, 1995,
respectively. They are added to the appropriations for the
fiscal years ending June 30, 1994, and June 30, 1995, in Laws
1993, chapter 146, articles 2 and 3, or another named law.
SUMMARY BY FUND
1994 1995 TOTAL
General Fund Total $ 1,549,000 $ 35,164,000 $ 36,713,000
APPROPRIATIONS
Available for the Year
Ending June 30
1994 1995
Sec. 2. ATTORNEY GENERAL $ -0- $ 230,000
This appropriation is for four attorney
positions for purposes of the merger of
the public higher education systems.
This appropriation shall not be
included in the budget base for the
1996-1997 biennium.
For the 1996-1997 detailed operating
budget submitted to the legislature,
the department of finance, in
consultation with the attorney
general's office and the agencies
covered by article 10 shall make the
proper base adjustments to the budgets
of each agency in order to implement
the funding changes that result from
article 10.
Sec. 3. BOARD OF PUBLIC DEFENSE -0- 4,368,000
$4,368,000 is for the purpose of
completing the assumption by the state
of the costs of public defense
services. This appropriation is for
the period January 1, 1995, to June 30,
1995, and shall be annualized for the
1996-1997 biennium. This appropriation
may be used to fund no more than one
dispositional advisor in each judicial
district.
Of this appropriation, the board may
use up to $23,000 for the purpose of
replacing discontinued federal funding,
and up to $5,000 for a criminal trial
certification program for defense
attorneys and prosecutors regarding
misdemeanor, gross misdemeanor, and
felony criminal cases. The board shall
develop the trial certification program
in conjunction with the Minnesota state
bar association and shall submit it to
the Minnesota board of legal
certification for approval.
Sec. 4. BOARD OF PEACE OFFICER
OFFICER STANDARDS AND TRAINING -0- 25,000
This appropriation is for developing a
model policy for child abduction
investigations. The appropriation
shall not be included in the budget
base for the 1996-1997 biennium.
Sec. 5. CORRECTIONS 1,549,000 21,348,000
Subdivision 1. Correctional
Institutions
1,549,000 18,059,000
$2,480,000 is for 116 correctional
positions at MCF-Oak Park Heights,
MCF-St. Cloud, and MCF-Stillwater to be
phased in between July 1, 1994, and
June 30, 1995. The appropriation must
be used to add the positions according
to the plans agreed to by corrections
department management and union
officials at the three facilities.
$9,000,000 is to provide for additional
operating expenses associated with the
conversion of the Lino Lakes
correctional facility to a central
adult reception center and expansion of
male bed capacity at the facility,
including 230 beds for chemical
dependency treatment; and $5,478,000 is
to provide for additional operating
expenses associated with expansion of
adult male bed capacity at the
Faribault correctional facility upon
the transfer of buildings from the
department of human services to the
department of corrections.
Notwithstanding any law to the
contrary, the commissioner of human
services may transfer any building or
buildings on the Faribault regional
treatment center campus to the
department of corrections upon a
determination that the building or
buildings are no longer needed for
residential treatment services programs.
$2,250,000 is for additional salary
obligations.
$400,000 is to provide for special
medical care costs for
correctional inmates.
Subd. 2. Community Services
-0- 2,914,000
$400,000 is for two pilot programs in
Hennepin and Ramsey counties to provide
transitional programming and intensive
surveillance and supervision for
offenders who have just been released
from prison on supervised release. The
pilot programs shall be designed to
improve offender accountability for
observing the conditions of supervised
release, to reduce recidivism, and to
reduce the risk these offenders may
pose to public safety.
The pilot programs shall include a
research component designed to answer
the following questions, at a minimum:
(a) Did the higher level of
supervision, surveillance, and control
provided under the pilot programs
increase the number of offenders who
successfully complied with the
conditions of supervised release as
compared to offenders who did not
participate in the programs?
(b) Over the longer term, were there
fewer felony-level crimes committed by
the offenders who participated in the
pilot programs as compared to offenders
who did not participate in the programs?
$400,000 is for the process of
selecting and developing two work and
learn sites.\H* (The preceding paragraph\h
\Hbeginning "$400,000" was vetoed by the\h
\Hgovernor.)\h
$1,500,000 is for probation services
statewide.
$174,000 is for a grant to the joint
community corrections program of Dodge,
Fillmore, and Olmsted counties to
provide alternative programming for
offenders who are presumptive
commitments to state prison.
$440,000 is for reimbursements to
counties for pretrial bail evaluation
services.
Subd. 3. Management Services
-0- 300,000
$100,000 is for mini-grants to programs
for juvenile female offenders.\H* (The\h
\Hpreceding paragraph beginning\h
\H"$100,000" was vetoed by the governor.)\h
$200,000 is for domestic abuse advocacy
services in judicial assignment
districts not currently receiving
grants from the department.
These appropriations shall not be
included in the budget base for the
1996-1997 biennium.
Subd. 4. Federal Revenue Study
The commissioner of finance shall
convene a working group composed of
representatives of the departments of
corrections and human services, the
association of Minnesota counties, and
the Minnesota association of community
corrections act counties to develop
state budget options for state fiscal
years 1996 and 1997 which will maximize
use of federal revenue or grant revenue
for medical or other treatment of
inmates in correctional facilities and
for the treatment of juveniles
adjudicated delinquent. The working
group shall examine a wide range of
federal and state revenue sources
including, but not limited to,
AFDC-Emergency Assistance available
under Title IV-A of the Social Security
Act; AFDC-Foster Care payments
available under Title IV-E of the
Social Security Act; General Assistance
Medical Care (GAMC); and Medical
Assistance (MA); available under Title
XIX of the Social Security Act.
Subd. 5. Prairie Correctional
Facility Study
-0- 75,000
To the commissioner of corrections, to
study the feasibility of purchasing the
Prairie correctional facility in the
city of Appleton as a medium security
correctional facility. The study must
address at least the following: the
availability of the facility; the
purchase price of the facility;
suitability of the facility for state
use; capital and other improvements
needed, and their cost, in order to
ensure that the facility meets
applicable state and federal standards;
and operating costs of the facility.
The commissioner of administration
shall provide assistance to the
commissioner of corrections as needed.
The study must be reported by February
1, 1995, to the chairs of the senate
crime prevention and house judiciary
committees, the chairs of the senate
crime prevention and house judiciary
finance divisions, and the chairs of
the senate finance and house ways and
means committees.
If the facility becomes available when
the legislature is not in session, the
governor, after consulting with the
legislative advisory commission under
Minnesota Statutes, section 3.30, may
direct the commissioner to enter into
agreements concerning the facility.
Subd. 6. Corrections Pension Plan
The commissioners of corrections and
human services shall meet with
representatives of special teachers,
nursing, direct care, support, trades,
and other professional correctional
personnel to develop a budget plan for
bringing employees who spend over 50
percent of their time in direct contact
with inmates into the corrections
pension plan. This plan shall be
submitted to the chair of the
legislative commission on pensions and
retirement and the chairs of the senate
crime prevention finance division and
the house judiciary finance division by
December 1, 1994.
Subd. 7. Juvenile Female Offenders
The commissioner of corrections shall
collaborate with the commissioners of
human services, health, jobs and
training, planning, education, public
safety, and with representatives of the
private sector to develop a
comprehensive continuum of care to
address the gender-specific needs of
juvenile female offenders.
Sec. 6. CORRECTIONS OMBUDSMAN -0- 67,000
Sec. 7. COUNCIL ON AFFAIRS
OF SPANISH-SPEAKING PEOPLE -0- 50,000
$50,000 is appropriated from the
general fund to the council on the
affairs of Spanish-speaking people to
interview school district officials,
and identify and interview
Chicano/Latino student drop-outs and
their parents, by population subgroups
in selected Minnesota school districts,
to identify the causes and factors
which lead Chicano/Latino students to
leave school before completing the
requirements to receive the diploma.
The council shall make recommendations
to the chairs of the senate crime
prevention committee and the house of
representatives judiciary committee by
January 15, 1995. The council must
consult with the state board of
education in conducting this study.
This appropriation shall not be
included in the budget base for the
1996-1997 biennium.
Sec. 8. DISTRICT COURTS -0- 3,450,000
$3,420,000 is for human resources
enhancements, including two new
district court judgeships beginning
October 1, 1994, and two new district
court judgeships beginning March 1,
1995; jury service enhancements phased
in after January 1, 1995; new judge
orientation; and training for judges on
the handling of child abduction cases.
This appropriation shall be annualized
for the 1996-1997 biennium. The supreme
court, in consultation with the state
court administrator, shall determine
the order in which these judgeships
shall be created in the districts in
which they are authorized. The court
reporter positions funded by this
appropriation may be stenographic or
electronic at the option of the
appointing judge in accordance with
Minnesota Statutes, section 486.01.
Sufficient funds must be allocated for
that purpose within the constraints of
each judicial district budget.
$30,000 is for training for judicial
district coordinating councils on the
dynamics of sexual assault and on model
programs for handling sexual assault
cases.
Sec. 9. EDUCATION -0- 100,000\H*\h
\H(The appropriation of "100,000" was vetoed by the governor.)\h
$50,000 is to implement community-based
truancy action projects. The project
must provide a one-to-one funding
match. Funds shall not be used to
replace existing funding, but may be
used to supplement it. This
appropriation is available until
expended.\H* (The preceding paragraph\h
\Hbeginning "$50,000" was vetoed by the\h
\Hgovernor.)\h
$50,000 is for awarding male
responsibility and fathering program
grants. This appropriation is
available until June 30, 1996. The
grant recipient must match $1 of state
money with at least 50 cents of
nonstate money or in-kind
contributions. The commissioner shall
give greater consideration to awarding
a grant to those programs with a
greater nonstate match.\H* (The preceding\h
\Hparagraph beginning "$50,000" was\h
\Hvetoed by the governor.)\h
The appropriations in this section
shall not be included in the budget
base for the 1996-1997 biennium.
Sec. 10. HEALTH -0- 230,000
These appropriations shall not be
included in the budget base for the
1996-1997 biennium.
(a) Pilot Projects
$150,000 is for the institute for child
and adolescent sexual health to conduct
pilot projects.
(b) Teen Pregnancy Reduction
$80,000 is to develop, in consultation
with the commissioner of education and
a representative from Minnesota
planning, a program to reduce teen
pregnancy modeled after the education
now and babies later (ENABL) program in
California.
Sec. 11. HUMAN SERVICES -0- 150,000
$100,000 is for incentive grants to
communities opting to include the Home
Instruction Program for Preschool
Youngsters (HIPPY) program as part of
their family service collaborative
efforts. Of this amount, the
commissioner shall allocate $25,000 to
the Center for Asian-Pacific Islanders
for its child care and parenting
program. If the Center for
Asian-Pacific Islanders does not apply
for or utilize the $25,000 by September
30, 1994, the money shall be available
for funding an alternative HIPPY site.
$50,000 is to implement the
CHIPS-delinquent intervention
demonstration project and to prepare
the required report.
The appropriations in this section
shall not be included in the budget
base for the 1996-1997 biennium.
Sec. 12. JOBS AND TRAINING -0- 1,850,000
$1,825,000 is for the Minnesota youth
program for summer youth employment.
This appropriation shall not be added
to the budget base for the 1996-1997
biennium.
$25,000 is for a juvenile match, to be
used to maximize the federal funds
available for juvenile justice programs
that target at-risk youth.
Sec. 13. PUBLIC SAFETY -0- 2,011,000
Subdivision 1. Administration and
Related Services
-0- 1,151,000
$200,000 is to fund neighborhood block
clubs and community-oriented policing
efforts. This appropriation shall not
be added to the budget base for the
1996-1997 biennium.
$100,000 is for the crime information
reward fund. This appropriation shall
not be added to the budget base for the
1996-1997 biennium.\H* (The preceding\h
\Hparagraph beginning "$100,000" was\h
\Hvetoed by the governor.)\h
$275,000 is to develop the criminal
alert network plan; to conduct a pilot
crime-fax project to test the
usefulness of broadcast fax for crime
alert and crime prevention
communications to private businesses
and other entities; to evaluate the
appropriateness of using various
existing state computer networks and
the INTERNET as an alert network to
disseminate information about crime and
criminal suspects; and for a network
coordinator position to facilitate the
development of the plan, the crime-fax
pilot project and the evaluation of the
networks for use as a crime alert
network.
$15,000 is to distribute a manual on
child abduction investigations. This
appropriation shall not be added to the
budget base for the 1996-1997 biennium.
$200,000 is to make grants to local law
enforcement jurisdictions to develop
three truancy service centers.
Applicants must provide a one-to-one
funding match. If the commissioner has
received applications from fewer than
three counties by the application
deadline, the commissioner may make
unallocated funds from this
appropriation available to an approved
grantee that can provide the required
one-to-one funding match for the
additional funds. This appropriation
is available until expended. This
appropriation shall not be added to the
budget base for the 1996-1997
biennium.\H* (The preceding paragraph\h
\Hbeginning "$200,000" was vetoed by the\h
\Hgovernor.)\h
$100,000 is to implement intensive
neglect intervention projects.
Applicants must provide a one-to-one
funding match. Funds shall not be used
to replace existing funding for
services to children. This
appropriation is available until
expended. This appropriation shall not
be added to the budget base for the
1996-1997 biennium.\H* (The preceding\h
\Hparagraph beginning "$100,000" was\h
\Hvetoed by the governor.)\h
$25,000 is for a grant to the Nett Lake
community crime and drug prevention
program. This appropriation shall not
be added to the budget base for the
1996-1997 biennium.\H* (The preceding\h
\Hparagraph beginning "$25,000" was\h
\Hvetoed by the governor.)\h
$56,000 is for a grant to the Region
Nine development commission for grants
to community-based early intervention
and prevention projects. This
appropriation shall not be added to the
budget base for the 1996-1997
biennium.\H* (The preceding paragraph\h
\Hbeginning "$56,000" was vetoed by the\h
\Hgovernor.)\h
$10,000 is for the violence prevention
study and report conducted by the
chemical abuse and violence prevention
council. The council may use part of
this appropriation to hire up to one
staff position. This appropriation
shall not be added to the budget base
for the 1996-1997 biennium.\H* (The\h
\Hpreceding paragraph beginning "$10,000"\h
\Hwas vetoed by the governor.)\h
$50,000 is for a grant to fund the
activities of a statewide youth safety
initiative coordinated by the Minnesota
student safety program. This
appropriation shall not be added to the
budget base for the 1996-1997
biennium.\H* (The preceding paragraph\h
\Hbeginning "$50,000" was vetoed by the\h
\Hgovernor.)\h
$100,000 is for the commissioner of
public safety, in cooperation with the
criminal and juvenile justice
information policy group, to study the
feasibility and cost of developing,
establishing, and operating a
centralized system for tracking and
integrating information regarding the
arrest, prosecution, conviction,
sentencing, treatment, and driver's
license records of persons who commit
alcohol-related driving offenses. On
or before February 1, 1995, the
commissioner shall submit a report to
the legislature containing the
commissioner's findings and
recommendations. This appropriation
shall not be added to the budget base
for the 1996-1997 biennium.
$20,000 is for an independent
evaluation of the intensive probation
grant program established under
Minnesota Statutes, section 169.1265.
This appropriation shall not be added
to the budget base for the 1996-1997
biennium.
Notwithstanding any other provision of
law, during the biennium ending June
30, 1995, the commissioner of public
safety may transfer up to $75,000 in
unencumbered funds from the
department's appropriation to the board
of peace officer standards and training
for payment of legal fees. The board
must not rescind or otherwise change
the action of its executive committee
on April 26, 1994, concerning the
transfer of funds from its
reimbursement accounts to cover its
operating deficits. It is not the
legislature's intent, by this
provision, to take a position regarding
the merits of any pending litigation
concerning the board.
Subd. 2. Criminal Apprehension
-0- 580,000
$170,000 is to reimburse local law
enforcement agencies for a portion of
the costs they incur in conducting
background checks and issuing permits
under Minnesota Statutes, sections
624.7131 and 624.7132. Within the
limits of this appropriation, the
department shall reimburse local law
enforcement agencies up to $10 per
firearms background check, based on
satisfactory invoices submitted by the
local agency.\H* (The preceding paragraph\h
\Hbeginning "$170,000" was vetoed by the\h
\Hgovernor.)\h
$120,000 is to supplement current
funding for drug abuse resistance
education training programs.
$40,000 is to fund the gang resistance
education training pilot program.\H* (The\h
\Hpreceding paragraph beginning "$40,000"\h
\Hwas vetoed by the governor.)\h
$50,000 is to establish and maintain
the distinctive physical mark
identification system.\H* (The preceding\h
\Hparagraph beginning "$50,000" was\h
\Hvetoed by the governor.)\h
$200,000 is for the fund established by
Minnesota Statutes, section 299C.065.\H*\h
\H(The preceding paragraph beginning\h
\H"$200,000" was vetoed by the governor.)\h
Subd. 3. Crime Victim Services
-0- $280,000
$180,000 is for payment of crime victim
reparations.
$100,000 is for the operation of the
crime victim ombudsman. This
appropriation shall not be added to the
budget base for the 1996-1997 biennium.
Subd. 4. Transfer of
unexpended funds
The commissioner may use unexpended
funds appropriated under this section
for the purchase of polymerase chain
reaction DNA analysis kits.
Sec. 14. SUPREME COURT -0- 285,000
$10,000 is for training judges in
handling child and adolescent sexual
abuse cases.
$75,000 is to conduct the civil
commitment study.
$100,000 is to the state court
administrator for the establishment of
a statewide judicial interpreter
certification and training program.
Interpreters, translators, non-English
speaking persons, persons for whom
English is a second language, and other
interested members of the public, must
have an opportunity to assist in the
development of the certification
program criteria.
$100,000 is for the remote electronic
alcohol monitoring pilot program. The
supreme court shall seek additional
funding for the program from outside
sources, and shall scale the program to
the available funding resources. This
appropriation shall not be added to the
budget base for the 1996-1997
biennium.\H* (The preceding paragraph\h
\Hbeginning "$100,000" was vetoed by the\h
\Hgovernor.)\h
"Breath analyzer unit" means a device
that performs breath alcohol testing
and is connected to a remote electronic
alcohol monitoring system.
"Remote electronic alcohol monitoring
system" means a system that
electronically monitors the alcohol
concentration of individuals in their
homes to ensure compliance with
court-ordered conditions of pretrial
release, supervised release, or
probation.
The state court administrator, in
cooperation with the conference of
chief judges and the commissioner of
corrections, shall establish a
three-year pilot program to evaluate
the effectiveness of using breath
analyzer units to monitor DWI offenders
who are ordered to abstain from alcohol
use as a condition of pretrial release,
probation, or supervised release. The
pilot program shall include procedures
which ensure that violators of this
condition of release receive swift
consequences for the violation.
The state court administrator shall
select at least two judicial districts
to participate in the pilot program.
Offenders who are ordered to use a
breath analyzer unit shall also be
ordered to pay the per diem cost of the
monitoring unless the offender is
indigent. The state court
administrator shall reimburse the
judicial districts for any costs they
incur in participating in the pilot
program.
After three years, the state court
administrator shall evaluate the
program's effectiveness and shall
report the results of this evaluation
to the conference of chief judges and
the legislature.
Sec. 15. PRODUCTIVE DAY
INITIATIVE PROGRAMS -0- 1,000,000
Subdivision 1. Amounts
Of this amount, the following amounts
are appropriated to the counties named
in this section to develop and
implement the productive day initiative
programs.
Subd. 2. Hennepin County
-0- 500,000
Of this amount, up to $90,000 shall be
spent to administer the Northwest Law
Enforcement Project.
Subd. 3. Ramsey County
-0- 250,000
Subd. 4. St. Louis County
-0- 250,000\H*\h
\H(Section 15 was vetoed by the governor.)\h
Sec. 16. TRANSFERS
Subdivision 1. General Procedure
If the appropriation in this article to
an agency in the executive branch is
specified by program, the agency may
transfer unencumbered balances among
the programs specified in that section
after getting the approval of the
commissioner of finance. The
commissioner shall not approve a
transfer unless the commissioner
believes that it will carry out the
intent of the legislature. The
transfer must be reported immediately
to the committee on finance of the
senate and the committee on ways and
means of the house of representatives.
If the appropriation in this article to
an agency in the executive branch is
specified by activity, the agency may
transfer unencumbered balances among
the activities specified in that
section using the same procedure as for
transfers among programs.
Subd. 2. Transfer Prohibited
If an amount is specified in this
article for an item within an activity,
that amount must not be transferred or
used for any other purpose.
Sec. 17. UNCODIFIED LANGUAGE
All uncodified language contained in
this article expires on June 30, 1995,
unless a different expiration is
explicit.
ARTICLE 2
GENERAL CRIME PROVISIONS
Section 1. Minnesota Statutes 1992, section 84.9691, is
amended to read:
84.9691 [RULEMAKING.]
(a) The commissioner of natural resources may adopt
emergency and permanent rules restricting the introduction,
propagation, use, possession, and spread of ecologically harmful
exotic species in the state, as outlined in section 84.967. The
emergency rulemaking authority granted in this paragraph expires
July 1, 1994.
(b) The commissioner shall adopt rules to identify bodies
of water with limited infestation of Eurasian water milfoil.
The areas that are infested shall be marked and prohibited for
use.
(c) A violation of a rule adopted under this section is a
misdemeanor.
Sec. 2. Minnesota Statutes 1992, section 144.125, is
amended to read:
144.125 [TESTS OF INFANTS FOR INBORN METABOLIC ERRORS.]
It is the duty of (1) the administrative officer or other
person in charge of each institution caring for infants 28 days
or less of age and (2) the person required in pursuance of the
provisions of section 144.215, to register the birth of a child,
to cause to have administered to every infant or child in its
care tests for hemoglobinopathy, phenylketonuria, and other
inborn errors of metabolism in accordance with rules prescribed
by the state commissioner of health. In determining which tests
must be administered, the commissioner shall take into
consideration the adequacy of laboratory methods to detect the
inborn metabolic error, the ability to treat or prevent medical
conditions caused by the inborn metabolic error, and the
severity of the medical conditions caused by the inborn
metabolic error. Testing and the recording and reporting of the
results of the tests shall be performed at the times and in the
manner prescribed by the commissioner of health. This section
does not apply to an infant whose parents object on the grounds
that the tests and treatment conflict with their religious
tenets and practices. The commissioner shall charge laboratory
service fees for conducting the tests of infants for inborn
metabolic errors so that the total of fees collected will
approximate the costs of conducting the tests. Costs associated
with capital expenditures and the development of new procedures
may be prorated over a three-year period when calculating the
amount of the fees.
Sec. 3. Minnesota Statutes 1992, section 169.89,
subdivision 2, is amended to read:
Subd. 2. [PENALTY; JURY TRIAL.] A person charged with a
petty misdemeanor is not entitled to a jury trial but shall be
tried by a judge without a jury. If convicted, the person is
not subject to imprisonment but shall be punished by a fine of
not more than $100 $200.
Sec. 4. Minnesota Statutes 1992, section 171.18,
subdivision 1, is amended to read:
Subdivision 1. [OFFENSES.] The commissioner may suspend
the license of a driver without preliminary hearing upon a
showing by department records or other sufficient evidence that
the licensee:
(1) has committed an offense for which mandatory revocation
of license is required upon conviction;
(2) has been convicted by a court for violating a provision
of chapter 169 or an ordinance regulating traffic and department
records show that the violation contributed in causing an
accident resulting in the death or personal injury of another,
or serious property damage;
(3) is an habitually reckless or negligent driver of a
motor vehicle;
(4) is an habitual violator of the traffic laws;
(5) is incompetent to drive a motor vehicle as determined
in a judicial proceeding;
(6) has permitted an unlawful or fraudulent use of the
license;
(7) has committed an offense in another state that, if
committed in this state, would be grounds for suspension;
(8) has committed a violation of section 169.444,
subdivision 2, paragraph (a);
(9) has committed a violation of section 171.22, except
that the commissioner may not suspend a person's driver's
license based solely on the fact that the person possessed a
fictitious or fraudulently altered Minnesota identification
card;
(10) has failed to appear in court as provided in section
169.92, subdivision 4; or
(11) has failed to report a medical condition that, if
reported, would have resulted in cancellation of driving
privileges.
However, an action taken by the commissioner under clause
(2) or (5) must conform to the recommendation of the court when
made in connection with the prosecution of the licensee.
Sec. 5. Minnesota Statutes 1992, section 171.22,
subdivision 2, is amended to read:
Subd. 2. [PENALTIES.] Any person who violates subdivision
1, clause (7) or (8) or (9), is guilty of a gross misdemeanor.
Any person who violates any other provision of subdivision 1 is
guilty of a misdemeanor.
Sec. 6. Minnesota Statutes 1993 Supplement, section
171.24, is amended to read:
171.24 [VIOLATIONS; DRIVING WITHOUT VALID LICENSE.]
(a) Subdivision 1. [DRIVING AFTER SUSPENSION.] Except as
otherwise provided in paragraph (c) subdivision 5, any a person
whose is guilty of a misdemeanor if:
(1) the person's driver's license or driving privilege has
been canceled, suspended, or revoked and who;
(2) the person has been given notice of, or reasonably
should know of the revocation, suspension, or cancellation,; and
who
(3) the person disobeys such the order by operating
anywhere in this state any motor vehicle, the operation of which
requires a driver's license, while such the person's license or
privilege is canceled, suspended, or revoked is guilty of a
misdemeanor.
(b) Subd. 2. [DRIVING AFTER REVOCATION.] A person is
guilty of a misdemeanor if:
(1) the person's driver's license or driving privilege has
been revoked;
(2) the person has been given notice of or reasonably
should know of the revocation; and
(3) the person disobeys the order by operating in this
state any motor vehicle, the operation of which requires a
driver's license, while the person's license or privilege is
revoked.
Subd. 3. [DRIVING AFTER CANCELLATION.] A person is guilty
of a misdemeanor if:
(1) the person's driver's license or driving privilege has
been canceled;
(2) the person has been given notice of or reasonably
should know of the cancellation; and
(3) the person disobeys the order by operating in this
state any motor vehicle, the operation of which requires a
driver's license, while the person's license or privilege is
canceled.
Subd. 4. [DRIVING AFTER DISQUALIFICATION.] Any A person
who is guilty of a misdemeanor if the person:
(1) has been disqualified from holding a commercial
driver's license or been denied the privilege to operate a
commercial motor vehicle, who;
(2) has been given notice of or reasonably should know of
the disqualification,; and who
(3) disobeys the order by operating in this state a
commercial motor vehicle while the person is disqualified to
hold the license or privilege, is guilty of a misdemeanor.
(c) Subd. 5. [GROSS MISDEMEANOR.] A person is guilty of a
gross misdemeanor if:
(1) the person's driver's license or driving privileges
privilege has been canceled or denied under section 171.04,
subdivision 1, clause (8), and;
(2) the person has been given notice of or reasonably
should know of the cancellation or denial; and
(2) (3) the person disobeys the order by operating in this
state any motor vehicle, the operation of which requires a
driver's license, while the person's license or privilege is
canceled or denied.
Subd. 6. [SUFFICIENCY OF NOTICE.] (a) Notice of
revocation, suspension, cancellation, or disqualification is
sufficient if personally served, or if mailed by first class
mail to the person's last known address or to the address listed
on the person's driver's license. Notice is also sufficient if
the person was informed that revocation, suspension,
cancellation, or disqualification would be imposed upon a
condition occurring or failing to occur, and where the condition
has in fact occurred or failed to occur.
(b) It is not a defense that a person failed to file a
change of address with the post office, or failed to notify the
department of public safety of a change of name or address as
required under section 171.11.
Sec. 7. Minnesota Statutes 1992, section 219.383,
subdivision 4, is amended to read:
Subd. 4. [PENALTY.] A railway corporation violating this
section is guilty of a petty misdemeanor and upon conviction is
liable for a fine of not less than $25 nor more than $200. A
corporation that commits a second or subsequent violation of
this section is guilty of a misdemeanor.
Sec. 8. Minnesota Statutes 1992, section 383B.225,
subdivision 6, is amended to read:
Subd. 6. [INVESTIGATION PROCEDURE.] (a) Upon notification
of the death of any person, as provided in subdivision 5, the
county medical examiner or a designee may proceed to the body,
take charge of it, and order, when necessary, that there be no
interference with the body or the scene of death. Any person
violating the order of the examiner is guilty of a misdemeanor.
The examiner or the examiner's designee shall make inquiry
regarding the cause and manner of death and prepare written
findings together with the report of death and its
circumstances, which shall be filed in the office of the
examiner. When it appears that death may have resulted from a
criminal act and that further investigation is advisable, a copy
of the report shall be transmitted to the county attorney. The
examiner may take possession of all property of the deceased,
mark it for identification, and make an inventory. The examiner
shall take possession of all articles useful in establishing the
cause of death, mark them for identification and retain them
securely until they are no longer needed for evidence or
investigation. The examiner shall release any property or
articles needed for any criminal investigation to law
enforcement officers conducting the investigation. When a
reasonable basis exists for not releasing property or articles
to law enforcement officers, the examiner shall consult with the
county attorney. If the county attorney determines that a
reasonable basis exists for not releasing the property or
articles, the examiner may retain them. The property or
articles shall be returned immediately upon completion of the
investigation. When the property or articles are no longer
needed for the investigation or as evidence, the examiner shall
release the property or articles to the person or persons
entitled to them. Notwithstanding any other law to the
contrary, when personal property of a decedent has come into the
possession of the examiner, and is not used for a criminal
investigation or as evidence, and has not been otherwise
released as provided in this subdivision, the name of the
decedent shall be filed with the probate court, together with a
copy of the inventory of the decedent's property. At that time,
an examination of the records of the probate court shall be made
to determine whether a will has been admitted to probate or an
administration has been commenced. Property of a nominal value,
including wearing apparel, may be released to the spouse or any
blood relative of the decedent or to the person accepting
financial responsibility for burial of the decedent. If
property has not been released by the examiner and no will has
been admitted to probate or administration commenced within six
months after death, the examiner shall sell the property at a
public auction upon notice and in a manner as the probate court
may direct; except that the examiner shall cause to be destroyed
any firearm or other weapon that is not released to or claimed
by a decedent's spouse or blood relative. If the name of the
decedent is not known, the examiner shall inventory the property
of the decedent and after six months may sell the property at a
public auction. The examiner shall be allowed reasonable
expenses for the care and sale of the property and shall deposit
the net proceeds of the sale with the county administrator, or
the administrator's designee, in the name of the decedent, if
known. If the decedent is not known, the examiner shall
establish a means of identifying the property of the decedent
with the unknown decedent and shall deposit the net proceeds of
the sale with the county administrator, or a designee, so, that,
if the unknown decedent's identity is established within six
years, the proceeds can be properly distributed. In either
case, duplicate receipts shall be provided to the examiner, one
of which shall be filed with the court, the other of which shall
be retained in the office of the examiner. If a representative
shall qualify within six years from the time of deposit, the
county administrator, or a designee, shall pay the amount of the
deposit to the representative upon order of the court. If no
order is made within six years, the proceeds of the sale shall
become a part of the general revenue of the county.
(b) For the purposes of this section, health-related
records or data on a decedent, except health data defined in
section 13.38, whose death is being investigated under this
section, whether the records or data are recorded or unrecorded,
including but not limited to those concerning medical, surgical,
psychiatric, psychological, or any other consultation,
diagnosis, or treatment, including medical imaging, shall be
made promptly available to the medical examiner, upon the
medical examiner's written request, by a person having custody
of, possession of, access to, or knowledge of the records or
data. The medical examiner shall pay the reasonable costs of
copies of records or data provided to the medical examiner under
this section. Data collected or created pursuant to this
subdivision relating to any psychiatric, psychological, or
mental health consultation with, diagnosis of, or treatment of
the decedent whose death is being investigated shall remain
confidential or protected nonpublic data, except that the
medical examiner's report may contain a summary of such data.
Sec. 9. Minnesota Statutes 1992, section 388.051, is
amended by adding a subdivision to read:
Subd. 3. [CHARGING AND PLEA NEGOTIATION POLICIES AND
PRACTICES; WRITTEN GUIDELINES REQUIRED.] (a) On or before
January 1, 1995, each county attorney shall adopt written
guidelines governing the county attorney's charging and plea
negotiation policies and practices. The guidelines shall
address, but need not be limited to, the following matters:
(1) the circumstances under which plea negotiation
agreements are permissible;
(2) the factors that are considered in making charging
decisions and formulating plea agreements; and
(3) the extent to which input from other persons concerned
with a prosecution, such as victims and law enforcement
officers, is considered in formulating plea agreements.
(b) Plea negotiation policies and procedures adopted under
this subdivision are public data, as defined in section 13.02.
Sec. 10. Minnesota Statutes 1993 Supplement, 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, insurance
records relating to the monetary payment or settlement of
claims, and wage and employment records of an applicant or
recipient of public assistance who is the subject of a welfare
fraud investigation relating to eligibility information for
public assistance programs. Subpoenas may only be issued for
records that are relevant to an ongoing legitimate law
enforcement investigation or welfare fraud investigation and
there is probable cause that a crime has been
committed. Administrative subpoenas may only be issued in
welfare fraud cases if there is probable cause to believe a
crime has been committed. This provision applies only to the
records of business entities and does not extend to private
individuals or their dwellings. Subpoenas may only be served by
peace officers as defined by section 626.84, subdivision 1,
paragraph (c).
Sec. 11. Minnesota Statutes 1993 Supplement, 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) exclude the abusing party from a reasonable area
surrounding the dwelling or residence, which area shall be
described specifically in the order;
(4) 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) (5) 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) (6) provide upon request of the petitioner counseling
or other social services for the parties, if married, or if
there are minor children;
(6) (7) order the abusing party to participate in treatment
or counseling services;
(7) (8) 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) (9) 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) (10) order the abusing party to pay restitution to the
petitioner;
(10) (11) order the continuance of all currently available
insurance coverage without change in coverage or beneficiary
designation; and
(11) (12) 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. When a referee
presides at the hearing on the petition, the order granting
relief becomes effective upon the referee's signature.
(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. 12. Minnesota Statutes 1993 Supplement, 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 is guilty of a gross
misdemeanor who violates this paragraph during the time period
between a previous conviction under this paragraph; sections
609.221 to 609.224; 609.713, subdivisions 1 or 3; 609.748,
subdivision 6; 609.749; or a similar law of another state and
the end of the five years following discharge from sentence for
that conviction. 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 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. 13. Minnesota Statutes 1992, section 609.0331, is
amended to read:
609.0331 [INCREASED MAXIMUM PENALTIES FOR PETTY
MISDEMEANORS.]
Except as provided in this section, A law of this state
that provides, on or after August 1, 1987, for a maximum penalty
of $100 for a petty misdemeanor is considered to provide for a
maximum fine of $200. However, a petty misdemeanor under
chapter 168 or 169 remains subject to a maximum fine of $100,
except that a violation of chapter 168 or 169 that was
originally charged as a misdemeanor and is being treated as a
petty misdemeanor under section 609.131 or the rules of criminal
procedure is subject to a maximum fine of $200.
Sec. 14. Minnesota Statutes 1992, section 609.0332, is
amended to read:
609.0332 [INCREASED MAXIMUM PENALTY FOR PETTY MISDEMEANOR
ORDINANCE VIOLATIONS.]
Subdivision 1. [INCREASED FINE.] From August 1, 1987, if a
state law or municipal charter sets a limit of $100 or less on
the fines that a statutory or home rule charter city, town,
county, or other political subdivision may prescribe for an
ordinance violation that is defined as a petty misdemeanor, that
law or charter is considered to provide that the political
subdivision has the power to prescribe a maximum fine of $200
for the petty misdemeanor violation.
Subd. 2. [EXCEPTION.] Notwithstanding subdivision 1, no
fine of more than $100 may be imposed for a petty misdemeanor
ordinance violation which conforms in substantial part to a
petty misdemeanor provision contained in section 152.027,
subdivision 4, or chapter 168 or 169.
Sec. 15. [609.132] [CONTINUANCE FOR DISMISSAL.]
The decision to offer or agree to a continuance of a
criminal prosecution is an exercise of prosecutorial discretion
resting solely with the prosecuting attorney.
Sec. 16. Minnesota Statutes 1993 Supplement, section
609.1352, subdivision 1, is amended to read:
Subdivision 1. [SENTENCING AUTHORITY.] (a) A court shall
commit a person to 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, 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.
(b) The court shall consider imposing a sentence under this
section whenever a person is convicted of violating section
609.342 or 609.343.
Sec. 17. Minnesota Statutes 1993 Supplement, 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 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.
(c) Notwithstanding the provisions of section 609.135 or
any law to the contrary, after proceedings to revoke the stay
have been initiated by a court order revoking the stay and
directing either that the defendant be taken into custody or
that a summons be issued in accordance with paragraph (a), the
proceedings to revoke the stay may be concluded and the summary
hearing provided by subdivision 2 may be conducted after the
expiration of the stay or after the six month period set forth
in paragraph (b) of this section. The proceedings to revoke the
stay shall not be dismissed on the basis that the summary
hearing is conducted after the term of the stay or after the six
month period. The ability or inability to locate or apprehend
the defendant prior to the expiration of the stay or during or
after the six month period shall not preclude the court from
conducting the summary hearing unless the defendant demonstrates
that the delay was purposefully caused by the state in order to
gain an unfair advantage.
Sec. 18. Minnesota Statutes 1992, section 609.152, is
amended by adding a subdivision to read:
Subd. 2a. [DANGEROUS REPEAT OFFENDERS; MANDATORY MINIMUM
SENTENCE.] Unless a longer mandatory minimum sentence is
otherwise required by law or the court imposes a longer
aggravated durational departure under subdivision 2, a person
who is convicted of a violent crime that is a felony must be
committed to the commissioner of corrections for a mandatory
sentence of at least the length of the presumptive sentence
under the sentencing guidelines if the court determines on the
record at the time of sentencing that the person has two or more
prior felony convictions for violent crimes. The court shall
impose and execute the prison sentence regardless of whether the
guidelines presume an executed prison sentence. For purposes of
this subdivision, "violent crime" does not include a violation
of section 152.023 or 152.024. Any person convicted and
sentenced as required by this subdivision is not eligible for
probation, parole, discharge, or work release, until that person
has served the full term of imprisonment as provided by law,
notwithstanding sections 241.26, 242.19, 243.05, 244.04, 609.12,
and 609.135.
Sec. 19. Minnesota Statutes 1992, section 609.185, is
amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
Whoever does any of the following is guilty of murder in
the first degree and shall be sentenced to imprisonment for life:
(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, tampering with a witness in
the first degree, escape from custody, or any felony violation
of chapter 152 involving the unlawful sale of a controlled
substance;
(4) causes the death of a peace officer or a guard employed
at a Minnesota state or local correctional facility, with intent
to effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties;
(5) causes the death of a minor under circumstances other
than those described in clause (1) or (2) while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon the child and the death occurs under
circumstances manifesting an extreme indifference to human life;
or
(6) causes the death of a human being under circumstances
other than those described in clause (1), (2), or (5) while
committing domestic abuse, when the perpetrator has engaged in a
past pattern of domestic abuse upon the victim and the death
occurs under circumstances manifesting an extreme indifference
to human life.
For purposes of clause (5), "child abuse" means an act
committed against a minor victim that constitutes a violation of
the following laws of this state or any similar laws of the
United States or any other state: section 609.221,; 609.222,;
609.223,; 609.224,; 609.342,; 609.343,; 609.344,;
609.345,; 609.377,; 609.378,; or 609.713.
For purposes of clause (6), "domestic abuse" means an act
that:
(1) constitutes a violation of section 609.221, 609.222,
609.223, 609.224, 609.342, 609.343, 609.344; 609.345, or
609.713, or any similar laws of the United States or any other
state; and
(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).
Sec. 20. Minnesota Statutes 1992, section 609.223, is
amended by adding a subdivision to read:
Subd. 3. [FELONY; VICTIM UNDER FOUR.] Whoever assaults a
victim under the age of four, and causes bodily harm to the
child's head, eyes, or neck, or otherwise causes multiple
bruises to the body, 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. 21. Minnesota Statutes 1992, section 609.2231,
subdivision 2, is amended to read:
Subd. 2. [FIREFIGHTERS AND EMERGENCY MEDICAL PERSONNEL.]
Whoever assaults any of the following persons and inflicts
demonstrable bodily harm is guilty of a gross misdemeanor:
(1) a member of a municipal or volunteer fire department or
emergency medical services personnel unit in the performance of
the member's duties, or assaults;
(2) a physician, nurse, or other person providing health
care services in a hospital emergency department; or
(3) an employee of the department of natural resources who
is engaged in forest fire activities, and inflicts demonstrable
bodily harm is guilty of a gross misdemeanor.
Sec. 22. [609.2245] [FEMALE GENITAL MUTILATION;
PENALTIES.]
Subdivision 1. [CRIME.] Except as otherwise permitted in
subdivision 2, whoever knowingly circumcises, excises, or
infibulates, in whole or in part, the labia majora, labia
minora, or clitoris of another is guilty of a felony. Consent
to the procedure by a minor on whom it is performed or by the
minor's parent is not a defense to a violation of this
subdivision.
Subd. 2. [PERMITTED ACTIVITIES.] A surgical procedure is
not a violation of subdivision 1 if the procedure:
(1) is necessary to the health of the person on whom it is
performed and is performed by a physician licensed under chapter
147 or a physician in training under the supervision of a
licensed physician; or
(2) is performed on a person who is in labor or who has
just given birth and is performed for medical purposes connected
with that labor or birth by a physician licensed under chapter
147 or a physician in training under the supervision of a
licensed physician.
Sec. 23. Minnesota Statutes 1992, section 609.245, is
amended to read:
609.245 [AGGRAVATED ROBBERY.]
Subdivision 1. [FIRST DEGREE.] Whoever, while committing a
robbery, is armed with a dangerous weapon or any article used or
fashioned in a manner to lead the victim to reasonably believe
it to be a dangerous weapon, or inflicts bodily harm upon
another, is guilty of aggravated robbery in the 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. [SECOND DEGREE.] Whoever, while committing a
robbery, implies, by word or act, possession of a dangerous
weapon, is guilty of aggravated robbery in the second degree and
may be sentenced to imprisonment for not more than 15 years or
to payment of a fine of not more than $30,000, or both.
Sec. 24. Minnesota Statutes 1992, section 609.25,
subdivision 2, is amended to read:
Subd. 2. [SENTENCE.] Whoever violates subdivision 1 may be
sentenced as follows:
(1) If the victim is released in a safe place without great
bodily harm, to imprisonment for not more than 20 years or to
payment of a fine of not more than $35,000, or both; or
(2) If the victim is not released in a safe place, or if
the victim suffers great bodily harm during the course of the
kidnapping, or if the person kidnapped is under the age of 16,
to imprisonment for not more than 40 years or to payment of a
fine of not more than $50,000, or both.
Sec. 25. Minnesota Statutes 1992, section 609.26,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITED ACTS.] Whoever intentionally
does any of the following acts may be charged with a felony and,
upon conviction, may be sentenced as provided in subdivision 6:
(1) conceals a minor child from the child's parent where
the action manifests an intent substantially to deprive that
parent of parental rights or conceals a minor child from another
person having the right to visitation or custody where the
action manifests an intent to substantially deprive that person
of rights to visitation or custody;
(2) takes, obtains, retains, or fails to return a minor
child in violation of a court order which has transferred legal
custody under chapter 260 to the commissioner of human services,
a child placing agency, or the county welfare board;
(3) takes, obtains, retains, or fails to return a minor
child from or to the parent in violation of a court order, where
the action manifests an intent substantially to deprive that
parent of rights to visitation or custody;
(4) takes, obtains, retains, or fails to return a minor
child from or to a parent after commencement of an action
relating to child visitation or custody but prior to the
issuance of an order determining custody or visitation rights,
where the action manifests an intent substantially to deprive
that parent of parental rights; or
(5) retains a child in this state with the knowledge that
the child was removed from another state in violation of any of
the above provisions;
(6) refuses to return a minor child to a parent or lawful
custodian, and is at least 18 years old and more than 24 months
older than the child;
(7) causes or contributes to a child being a habitual
truant as defined in section 260.015, subdivision 19, and is at
least 18 years old and more than 24 months older than the child;
(8) causes or contributes to a child being a runaway as
defined in section 260.015, subdivision 20, and is at least 18
years old and more than 24 months older than the child; or
(9) is at least 18 years old and resides with a minor under
the age of 16 without the consent of the minor's parent or
lawful custodian.
Sec. 26. Minnesota Statutes 1992, section 609.26,
subdivision 6, is amended to read:
Subd. 6. [PENALTY.] (a) Except as otherwise provided in
paragraph (b) and subdivision 5, whoever violates this section
may be sentenced as follows:
(1) to imprisonment for not more than two years or to
payment of a fine of not more than $4,000, or both; or
(2) to imprisonment for not more than four years or to
payment of a fine of not more than $8,000, or both, if the court
finds that:
(i) the defendant committed the violation while possessing
a dangerous weapon or caused substantial bodily harm to effect
the taking;
(ii) the defendant abused or neglected the child during the
concealment, detention, or removal of the child;
(iii) the defendant inflicted or threatened to inflict
physical harm on a parent or lawful custodian of the child or on
the child with intent to cause the parent or lawful custodian to
discontinue criminal prosecution;
(iv) the defendant demanded payment in exchange for return
of the child or demanded to be relieved of the financial or
legal obligation to support the child in exchange for return of
the child; or
(v) the defendant has previously been convicted under this
section or a similar statute of another jurisdiction.
(b) A violation of subdivision 1, clause (7), is a gross
misdemeanor. The county attorney shall prosecute violations of
subdivision 1, clause (7).
Sec. 27. Minnesota Statutes 1992, section 609.28, is
amended to read:
609.28 [INTERFERING WITH RELIGIOUS OBSERVANCE.]
Subdivision 1. [INTERFERENCE.] Whoever, by threats or
violence, intentionally prevents another person from performing
any lawful act enjoined upon or recommended to the person by the
religion which the person professes is guilty of a misdemeanor.
Subd. 2. [PHYSICAL INTERFERENCE PROHIBITED.] A person is
guilty of a gross misdemeanor who intentionally and physically
obstructs any individual's access to or egress from a religious
establishment. This subdivision does not apply to the exclusion
of a person from the establishment at the request of an official
of the religious organization.
Subd. 3. [DEFINITION.] For purposes of subdivision 2, a
"religious establishment" is a building used for worship
services by a religious organization and clearly identified as
such by a posted sign or other means.
Sec. 28. Minnesota Statutes 1992, section 609.3241, is
amended to read:
609.3241 [PENALTY ASSESSMENT AUTHORIZED.]
In any county that has established a multidisciplinary
child protection team pursuant to section 626.558, When a court
sentences an adult convicted of violating section 609.322,
609.323, or 609.324, while acting other than as a prostitute,
the court shall impose an assessment of not less than $250 and
not more than $500 for a violation of section 609.324,
subdivision 2, or a misdemeanor violation of section 609.324,
subdivision 3; otherwise the court shall impose an assessment of
not less than $500 and not more than $1,000. The mandatory
minimum portion of the assessment is to be used for the purposes
described in section 626.558, subdivision 2a, and is in addition
to the assessment or surcharge required by section 609.101. Any
portion of the assessment imposed in excess of the mandatory
minimum amount shall be forwarded to the general fund and is
appropriated annually to the commissioner of corrections. The
commissioner, with the assistance of the general crime victims
advisory council, shall use money received under this section
for grants to agencies that provide assistance to individuals
who have stopped or wish to stop engaging in prostitution.
Grant money may be used to provide these individuals with
medical care, child care, temporary housing, and educational
expenses.
Sec. 29. Minnesota Statutes 1992, section 609.325,
subdivision 2, is amended to read:
Subd. 2. Consent or mistake as to age shall be no defense
to prosecutions under section 609.322 or, 609.323, or 609.324.
Sec. 30. Minnesota Statutes 1992, section 609.341,
subdivision 4, is amended to read:
Subd. 4. (a) "Consent" means a voluntary uncoerced
manifestation of a present agreement to perform a particular
sexual act with the actor words or overt actions by a person
indicating a freely given present agreement to perform a
particular sexual act with the actor. Consent does not mean the
existence of a prior or current social relationship between the
actor and the complainant or that the complainant failed to
resist a particular sexual act.
(b) A person who is mentally incapacitated or physically
helpless as defined by this section cannot consent to a sexual
act.
(c) Corroboration of the victim's testimony is not required
to show lack of consent.
Sec. 31. Minnesota Statutes 1992, section 609.341,
subdivision 9, is amended to read:
Subd. 9. "Physically helpless" means that a person is (a)
asleep or not conscious, (b) unable to withhold consent or to
withdraw consent because of a physical condition, or (c) unable
to communicate nonconsent and the condition is known or
reasonably should have been known to the actor.
Sec. 32. Minnesota Statutes 1992, section 609.341,
subdivision 11, is amended to read:
Subd. 11. (a) "Sexual contact," for the purposes of
sections 609.343, subdivision 1, clauses (a) to (f), and
609.345, subdivision 1, clauses (a) to (e), and (h) to (k),
includes any of the following acts committed without the
complainant's consent, except in those cases where consent is
not a defense, and committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts, or
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts effected by coercion
or the use of a position of authority, or by inducement if the
complainant is under 13 years of age or mentally impaired, or
(iii) the touching by another of the complainant's intimate
parts effected by coercion or the use of a position of
authority, or
(iv) in any of the cases above, the touching of the
clothing covering the immediate area of the intimate parts.
(b) "Sexual contact," for the purposes of sections 609.343,
subdivision 1, clauses (g) and (h), and 609.345, subdivision 1,
clauses (f) and (g), includes any of the following acts
committed with sexual or aggressive intent:
(i) the intentional touching by the actor of the
complainant's intimate parts;
(ii) the touching by the complainant of the actor's, the
complainant's, or another's intimate parts;
(iii) the touching by another of the complainant's intimate
parts; or
(iv) in any of the cases listed above, touching of the
clothing covering the immediate area of the intimate parts.
(c) "Sexual contact with a person under 13" means the
intentional touching of the complainant's bare genitals or anal
opening by the actor's bare genitals or anal opening with sexual
or aggressive intent or the touching by the complainant's bare
genitals or anal opening of the actor's or another's bare
genitals or anal opening with sexual or aggressive intent.
Sec. 33. Minnesota Statutes 1992, section 609.341,
subdivision 12, is amended to read:
Subd. 12. "Sexual penetration" means any of the following
acts committed without the complainant's consent, except in
those cases where consent is not a defense, whether or not
emission of semen occurs:
(1) sexual intercourse, cunnilingus, fellatio, or anal
intercourse,; or
(2) any intrusion however slight into the genital or anal
openings:
(i) of the complainant's body of by any part of the actor's
body or any object used by the actor for this purpose, where the
act is committed without the complainant's consent, except in
those cases where consent is not a defense. Emission of semen
is not necessary.;
(ii) of the complainant's body by any part of the body of
the complainant, by any part of the body of another person, or
by any object used by the complainant or another person for this
purpose, when effected by coercion or the use of a position of
authority, or by inducement if the child is under 13 years of
age or mentally impaired; or
(iii) of the body of the actor or another person by any
part of the body of the complainant or by any object used by the
complainant for this purpose, when effected by coercion or the
use of a position of authority, or by inducement if the child is
under 13 years of age or mentally impaired.
Sec. 34. Minnesota Statutes 1992, section 609.342,
subdivision 1, is amended to read:
Subdivision 1. [CRIME DEFINED.] A person who engages in
sexual penetration with another person, or in sexual contact
with a person under 13 as defined in section 609.341,
subdivision 11, paragraph (c), is guilty of criminal sexual
conduct in the first degree if any of the following
circumstances exists:
(a) the complainant is under 13 years of age and the actor
is more than 36 months older than the complainant. Neither
mistake as to the complainant's age nor consent to the act by
the complainant is a defense;
(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 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;
(c) circumstances existing at the time of the act cause the
complainant to have a reasonable fear of imminent great bodily
harm to the complainant or another;
(d) the actor is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;
(e) the actor causes personal injury to the complainant,
and either of the following circumstances exist:
(i) the actor uses force or coercion to accomplish sexual
penetration; or
(ii) the actor knows or has reason to know that the
complainant is mentally impaired, mentally incapacitated, or
physically helpless;
(f) the actor is aided or abetted by one or more
accomplices within the meaning of section 609.05, and either of
the following circumstances exists:
(i) an accomplice uses force or coercion to cause the
complainant to submit; or
(ii) an accomplice is armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant
reasonably to believe it to be a dangerous weapon and uses or
threatens to use the weapon or article to cause the complainant
to submit;
(g) the actor has a significant relationship to the
complainant and the complainant was under 16 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; or
(h) the actor has a significant relationship to the
complainant, the complainant was under 16 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.
Sec. 35. Minnesota Statutes 1993 Supplement, 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 or induce 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
former patient of the psychotherapist and the 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;
(k) the actor accomplishes the sexual penetration by means
of deception or false representation that the penetration is for
a bona fide medical purpose. 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. 36. Minnesota Statutes 1993 Supplement, 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. Consent by the complainant to the act is not a defense.
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 or induce 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
former patient of the psychotherapist and the 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;
(k) the actor accomplishes the sexual contact by means of
deception or false representation that the contact is for a bona
fide medical purpose. 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. 37. Minnesota Statutes 1992, section 609.377, is
amended to read:
609.377 [MALICIOUS PUNISHMENT OF A CHILD.]
A parent, legal guardian, or caretaker who, by an
intentional act or a series of intentional acts with respect to
a child, evidences unreasonable force or cruel discipline that
is excessive under the circumstances is guilty of malicious
punishment of a child and may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than
$3,000, or both. If the punishment results in substantial
bodily harm, that person may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more
than $10,000, or both. If the punishment results in great
bodily harm, that person 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. If the punishment is to a child under the age
of four and causes bodily harm to the head, eyes, neck, or
otherwise causes multiple bruises to the body, the person may be
sentenced to imprisonment for not more than five years or a fine
of $10,000, or both.
Sec. 38. Minnesota Statutes 1992, section 609.485,
subdivision 2, is amended to read:
Subd. 2. [ACTS PROHIBITED.] Whoever does any of the
following may be sentenced as provided in subdivision 4:
(1) escapes while held in lawful custody on a charge or
conviction of a crime, or while held in lawful custody on an
allegation or adjudication of a delinquent act while 18 years of
age;
(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an
institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;
(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to
escape; or
(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
after a finding of not guilty by reason of mental illness or
mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt
to commit a violation of this clause.
For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from
the person's body.
Sec. 39. Minnesota Statutes 1992, section 609.485,
subdivision 4, is amended to read:
Subd. 4. [SENTENCE.] (a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:
(1) if the person who escapes is in lawful custody on a
charge or conviction of a felony, to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both.;
(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, to imprisonment for not more than one
year and one day or to payment of a fine of not more than
$3,000, or both.; or
(3) if such charge or conviction is for a gross misdemeanor
or misdemeanor, or if the person who escapes is in lawful
custody on an allegation or adjudication of a delinquent act
while 18 years of age, to imprisonment for not more than one
year or to payment of a fine of not more than $3,000, or both.
(4) If such charge or conviction is for a misdemeanor, to
imprisonment for not more than 90 days or to payment of a fine
of not more than $700, or both.
(5) (b) If the escape was a violation of subdivision 2,
clause (1), (2), or (3), and was effected by violence or threat
of violence against a person, the sentence may be increased to
not more than twice those permitted in paragraph (a), clauses
(1), and (3), and (4).
(6) (c) Unless a concurrent term is specified by the court,
a sentence under this section shall be consecutive to any
sentence previously imposed or which may be imposed for any
crime or offense for which the person was in custody when the
person escaped.
(7) (d) Notwithstanding clause (6) paragraph (c), if a
person who was committed to the commissioner of corrections
under section 260.185 escapes from the custody of the
commissioner while 18 years of age, the person's sentence under
this section shall commence on the person's 19th birthday or on
the person's date of discharge by the commissioner of
corrections, whichever occurs first. However, if the person
described in this clause is convicted under this section after
becoming 19 years old and after having been discharged by the
commissioner, the person's sentence shall commence upon
imposition by the sentencing court.
(8) (e) Notwithstanding clause (6) paragraph (c), if a
person who is in lawful custody on an allegation or adjudication
of a delinquent act while 18 years of age escapes from a local
juvenile correctional facility, the person's sentence under this
section begins on the person's 19th birthday or on the person's
date of discharge from the jurisdiction of the juvenile court,
whichever occurs first. However, if the person described in
this clause paragraph is convicted after becoming 19 years old
and after discharge from the jurisdiction of the juvenile court,
the person's sentence begins upon imposition by the sentencing
court.
Sec. 40. Minnesota Statutes 1992, section 609.506, is
amended by adding a subdivision to read:
Subd. 3. [GROSS MISDEMEANOR.] Whoever in any criminal
proceeding with intent to obstruct justice gives a fictitious
name, other than a nickname, or gives a false date of birth to a
court official is guilty of a misdemeanor. Whoever in any
criminal proceeding with intent to obstruct justice gives the
name and date of birth of another person to a court official is
guilty of a gross misdemeanor. "Court official" includes a
judge, referee, court administrator, or any employee of the
court.
Sec. 41. Minnesota Statutes 1992, section 609.52,
subdivision 3, is amended to read:
Subd. 3. [SENTENCE.] Whoever commits theft may be
sentenced as follows:
(1) to imprisonment for not more than 20 years or to
payment of a fine of not more than $100,000, or both, if the
property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a
violation of subdivision 2, clause (3), (4), (15), or (16); or
(2) to imprisonment for not more than ten years or to
payment of a fine of not more than $20,000, or both, if the
value of the property or services stolen exceeds $2,500, or if
the property stolen was an article representing a trade secret,
an explosive or incendiary device, or a controlled substance
listed in schedule I or II pursuant to section 152.02 with the
exception of marijuana; or
(3) to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both, if:
(a) the value of the property or services stolen is more
than $500 but not more than $2,500; or
(b) the property stolen was a controlled substance listed
in schedule III, IV, or V pursuant to section 152.02; or
(c) the value of the property or services stolen is more
than $200 but not more than $500 and the person has been
convicted within the preceding five years for an offense under
this section, section 256.98; 268.18, subdivision 3; 609.24;
609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625;
609.63; 609.631; or 609.821, or a statute from another state in
conformity with any of those sections, and the person received a
felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to
which a plea was entered would allow imposition of a felony or
gross misdemeanor sentence; or
(d) the value of the property or services stolen is not
more than $500, and any of the following circumstances exist:
(i) the property is taken from the person of another or
from a corpse, or grave or coffin containing a corpse; or
(ii) the property is a record of a court or officer, or a
writing, instrument or record kept, filed or deposited according
to law with or in the keeping of any public officer or office;
or
(iii) the property is taken from a burning, abandoned, or
vacant building or upon its removal therefrom, or from an area
of destruction caused by civil disaster, riot, bombing, or the
proximity of battle; or
(iv) the property consists of public funds belonging to the
state or to any political subdivision or agency thereof; or
(v) the property stolen is a motor vehicle; or
(4) to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the value
of the property or services stolen is more than $200 but not
more than $500; or
(5) in all other cases where the value of the property or
services stolen is $200 or less, to imprisonment for not more
than 90 days or to payment of a fine of not more than $700, or
both, provided, however, in any prosecution under subdivision 2,
clauses (1), (2), (3), (4), and (13), the value of the money or
property or services received by the defendant in violation of
any one or more of the above provisions within any six-month
period may be aggregated and the defendant charged accordingly
in applying the provisions of this subdivision; provided that
when two or more offenses are committed by the same person in
two or more counties, the accused may be prosecuted in any
county in which one of the offenses was committed for all of the
offenses aggregated under this paragraph.
Sec. 42. Minnesota Statutes 1992, section 609.561, is
amended by adding a subdivision to read:
Subd. 3. Whoever unlawfully by means of fire or
explosives, intentionally destroys or damages any building not
included in subdivision 1, whether the property of the actor or
another, commits arson in the first degree if a combustible or
flammable liquid is used to start or accelerate the fire may be
sentenced to imprisonment for not more than 20 years or a fine
of not more than $20,000, or both.
As used in this subdivision, "flammable liquid" means 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" means a liquid having a
flash point at or above 100 degrees Fahrenheit.
Sec. 43. Minnesota Statutes 1992, section 609.611, is
amended to read:
609.611 [DEFRAUDING INSURER.]
Subdivision 1. [DEFRAUD; DAMAGES OR CONCEALS PROPERTY.]
Whoever with intent to injure or defraud an insurer, damages,
removes, or conceals any property real or personal, whether the
actor's own or that of another, which is at the time insured by
any person, firm, or corporation against loss or damage;
(a) May be sentenced to imprisonment for not more than
three years or to payment of fine of not more than $5,000, or
both if the value insured for is less than $20,000; or
(b) May be sentenced to imprisonment for not more than five
years or to payment of fine of not more than $10,000, or both if
the value insured for is $20,000 or greater;
(c) Proof that the actor recovered or attempted to recover
on a policy of insurance by reason of the fire alleged loss is
relevant but not essential to establish the actor's intent to
defraud the insurer.
Subd. 2. [DEFRAUD; FALSE LOSS CLAIM.] Whoever
intentionally makes a claim to an insurance company that
personal property was lost, stolen, damaged, destroyed,
misplaced, or disappeared, knowing the claim to be false may be
sentenced as provided in section 609.52, subdivision 3. The
applicable statute of limitations provision under section 628.26
shall not begin to run until the insurance company or law
enforcement agency is aware of the fraud, but in no event may
the prosecution be commenced later than seven years after the
claim was made.
Sec. 44. Minnesota Statutes 1993 Supplement, section
609.685, subdivision 3, is amended to read:
Subd. 3. [PETTY MISDEMEANOR.] Whoever possesses, smokes,
chews, or otherwise ingests, purchases, or attempts to purchase
tobacco or tobacco related devices and is under the age of 18
years is guilty of a petty misdemeanor. This subdivision does
not apply to a person under the age of 18 years who purchases or
attempts to purchase tobacco or tobacco related devices while
under the direct supervision of a responsible adult for
training, education, research, or enforcement purposes.
Sec. 45. Minnesota Statutes 1993 Supplement, 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,
vehicle 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. 46. Minnesota Statutes 1992, section 609.72,
subdivision 1, is amended to read:
Subdivision 1. Whoever does any of the following in a
public or private place, including on a school bus, knowing, or
having reasonable grounds to know that it will, or will tend to,
alarm, anger or disturb others or provoke an assault or breach
of the peace, is guilty of disorderly conduct, which is a
misdemeanor:
(1) Engages in brawling or fighting; or
(2) Disturbs an assembly or meeting, not unlawful in its
character; or
(3) Engages in offensive, obscene, abusive, boisterous, or
noisy conduct or in offensive, obscene, or abusive language
tending reasonably to arouse alarm, anger, or resentment in
others.
A person does not violate this section if the person's
disorderly conduct was caused by an epileptic seizure.
Sec. 47. Minnesota Statutes 1992, section 609.746,
subdivision 1, is amended to read:
Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION
DEVICE.] (a) A person is guilty of a misdemeanor who:
(1) enters upon another's property and;
(2) surreptitiously gazes, stares, or peeps in the
window or any other aperture of a house or place of dwelling of
another; and
(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household is guilty of a
misdemeanor.
(b) A person is guilty of a misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or any other aperture of a
house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.
(c) A person is guilty of a gross misdemeanor if the person
violates this subdivision after a previous conviction under this
subdivision or section 609.749.
(d) Paragraph (b) does not apply to law enforcement
officers or corrections investigators, or to those acting under
their direction, while engaged in the performance of their
lawful duties.
Sec. 48. Minnesota Statutes 1993 Supplement, 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. When a referee presides at the hearing on the
petition, the restraining order becomes effective upon the
referee's signature.
(b) An order issued under this subdivision must be
personally served upon the respondent.
Sec. 49. Minnesota Statutes 1992, section 609.855, is
amended to read:
609.855 [CRIMES AGAINST INVOLVING TRANSIT PROVIDERS AND
OPERATORS; SHOOTING AT TRANSIT VEHICLE.]
Subdivision 1. [UNLAWFULLY OBTAINING SERVICES;
MISDEMEANOR.] Whoever A person is guilty of a misdemeanor who
intentionally obtains or attempts to obtain service from a
provider of regular route public transit as defined in section
174.22, subdivision 8, service or from a public conveyance,
without making paying the required fare deposit or otherwise
obtaining the consent of the transit operator or other an
authorized transit representative is guilty of unlawfully
obtaining services and may be sentenced as provided in
subdivision 4.
Subd. 2. [UNLAWFUL INTERFERENCE WITH TRANSIT OPERATOR.]
(a) Whoever intentionally commits an act that unreasonably
interferes with or obstructs, or tends to interfere with or
obstruct, the operation of a transit vehicle is guilty of
unlawful interference with a transit operator and may be
sentenced as provided in subdivision 4 paragraph (c).
(b) An act that is committed on a transit vehicle that
distracts the driver from the safe operation of the vehicle or
that endangers passengers is a violation of this subdivision if
an authorized transit representative has clearly warned the
person once to stop the act.
(c) A person who violates this subdivision may be sentenced
as follows:
(1) to imprisonment for not more than three years or to
payment of a fine of not more than $5,000, or both, if the
violation was accompanied by force or violence or a
communication of a threat of force or violence; or
(2) to imprisonment for not more than 90 days or to payment
of a fine of not more than $700, or both, if the violation was
not accompanied by force or violence or a communication of a
threat of force or violence.
Subd. 3. [PROHIBITED ACTIVITIES; MISDEMEANOR.] (a) Whoever
A person is guilty of a misdemeanor who, while riding in a
vehicle providing regular route public transit service:
(1) operates a radio, television, tape player, electronic
musical instrument, or other electronic device, other than a
watch, which amplifies music, unless the sound emanates only
from earphones or headphones and except that vehicle operators
may operate electronic equipment for official business;
(2) smokes or carries lighted smoking paraphernalia;
(3) consumes food or beverages, except when authorized by
the operator or other official of the transit system;
(4) throws or deposits litter; or
(5) carries or is in control of an animal without the
operator's consent; or
(6) acts in any other manner which disturbs the peace and
quiet of another person;
is guilty of disruptive behavior and may be sentenced as
provided in subdivision 4.
(b) A person is guilty of a violation of this subdivision
only if the person continues to act in violation of this
subdivision after being warned once by an authorized transit
representative to stop the conduct.
Subd. 4. [PENALTY.] Whoever violates subdivision 1, 2, or
3 may be sentenced as follows:
(a) to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both, if the
violation was accompanied by force or violence or a
communication of a threat of force or violence; or
(b) to imprisonment for not more than 90 days or to payment
of a fine of not more than $700, or both, if the violation was
not accompanied by force or violence or a communication of a
threat of force or violence.
Subd. 5. [SHOOTING AT PUBLIC TRANSIT VEHICLE OR FACILITY.]
Whoever recklessly discharges a firearm at any portion of a
public transit vehicle or facility 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
transit vehicle or facility 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.
Subd. 6. [RESTRAINING ORDERS.] (a) At the sentencing on a
violation of this section, the district court shall consider the
extent to which the person's conduct has negatively disrupted
the delivery of transit services or has affected the utilization
of public transit services by others. The district court may,
in its discretion, include as part of any sentence for a
violation of this section, an order restraining the person from
using public transit vehicles and facilities for a fixed period,
not to exceed two years or any term of probation, whichever is
longer.
(b) The district court administrator shall forward copies
of any orders, and any subsequent orders of the court rescinding
or modifying the original order, promptly to the operator of the
transit system on which the offense took place.
(c) A person who violates an order issued under this
subdivision is guilty of a gross misdemeanor.
Sec. 50. Minnesota Statutes 1992, section 609.87, is
amended by adding a subdivision to read:
Subd. 2a. [AUTHORIZATION.] "Authorization" means with the
permission of the owner of the computer, computer system,
computer network, computer software, or other property.
Authorization may be limited by the owner by: (1) giving the
user actual notice orally or in writing; (2) posting a written
notice in a prominent location adjacent to the computer being
used; or (3) using a notice displayed on or announced by the
computer being used.
Sec. 51. Minnesota Statutes 1992, section 609.88,
subdivision 1, is amended to read:
Subdivision 1. [ACTS.] Whoever does any of the following
is guilty of computer damage and may be sentenced as provided in
subdivision 2:
(a) Intentionally and without authorization damages or
destroys any computer, computer system, computer network,
computer software, or any other property specifically defined in
section 609.87, subdivision 6;
(b) Intentionally and without authorization and or with
intent to injure or defraud alters any computer, computer
system, computer network, computer software, or any other
property specifically defined in section 609.87, subdivision 6;
or
(c) Distributes a destructive computer program, without
authorization and with intent to damage or destroy any computer,
computer system, computer network, computer software, or any
other property specifically defined in section 609.87,
subdivision 6.
Sec. 52. Minnesota Statutes 1992, section 609.89,
subdivision 1, is amended to read:
Subdivision 1. [ACTS.] Whoever does any of the following
is guilty of computer theft and may be sentenced as provided in
subdivision 2:
(a) Intentionally and without authorization or claim of
right accesses or causes to be accessed any computer, computer
system, computer network or any part thereof for the purpose of
obtaining services or property; or
(b) Intentionally and without claim of right, and with
intent to permanently deprive the owner of use or possession,
takes, transfers, conceals or retains possession of any
computer, computer system, or any computer software or data
contained in a computer, computer system, or computer network.
Sec. 53. [609.8911] [REPORTING VIOLATIONS.]
A person who has reason to believe that any provision of
section 609.88, 609.89, or 609.891 is being or has been violated
shall report the suspected violation to the prosecuting
authority in the county in which all or part of the suspected
violation occurred. A person who makes a report under this
section is immune from any criminal or civil liability that
otherwise might result from the person's action, if the person
is acting in good faith.
Sec. 54. Minnesota Statutes 1992, section 617.23, is
amended to read:
617.23 [INDECENT EXPOSURE; PENALTIES.]
Every person who shall willfully and lewdly expose the
person's body, or the private parts thereof, in any public
place, or in any place where others are present, or shall
procure another to expose private parts, and every person who
shall be guilty of any open or gross lewdness or lascivious
behavior, or any public indecency other than hereinbefore
specified, shall be guilty of a misdemeanor, and punished by a
fine of not less than $5, or by imprisonment in a county jail
for not less than ten days.
Every person committing the offense herein set forth, after
having once been convicted of such an offense in this state,
shall be guilty of a gross misdemeanor.
A person is guilty of a gross misdemeanor if the person
violates this section after having been previously convicted of
violating this section, sections 609.342 to 609.3451, or a
statute from another state in conformity with any of those
sections.
Sec. 55. Minnesota Statutes 1992, section 624.731,
subdivision 4, is amended to read:
Subd. 4. [PROHIBITED USE.] (a) No person shall knowingly,
or with reason to know, use tear gas, a tear gas compound, an
authorized tear gas compound, or an electronic incapacitation
device on or against a peace officer who is in the performance
of duties.
(b) No person shall use tear gas, a tear gas compound, an
authorized tear gas compound, or an electronic incapacitation
device except as authorized in subdivision 2 or 6.
(c) Tear gas, a tear gas compound, or an electronic
incapacitation device shall legally constitute a weapon when it
is used in the commission of a crime.
(d) No person shall use tear gas or a tear gas compound in
an immobilizing concentration against another person, except as
otherwise permitted by subdivision 2.
Sec. 56. Minnesota Statutes 1992, section 624.731,
subdivision 8, is amended to read:
Subd. 8. [PENALTIES.] (a) The following violations of this
section shall be considered a felony:
(1) The possession or use of tear gas, a tear gas compound,
an authorized tear gas compound, or an electronic incapacitation
device by a person specified in subdivision 3, clause
paragraph (b).
(2) Knowingly selling or furnishing of tear gas, a tear gas
compound, an authorized tear gas compound, or an electronic
incapacitation device to a person specified in subdivision 3,
clause paragraph (b).
(3) The use of an electronic incapacitation device as
prohibited in subdivision 4, clause paragraph (a).
(4) The use of tear gas or a tear gas compound as
prohibited in subdivision 4, paragraph (d).
(b) The following violation of this section shall be
considered a gross misdemeanor and shall be punished by not less
than 90 days in jail: The prohibited use of tear gas, a tear
gas compound, or an authorized tear gas compound as specified in
subdivision 4, clause paragraph (a).
(c) The following violations of this section shall be
considered a misdemeanor:
(1) The possession or use of tear gas, a tear gas compound,
an authorized tear gas compound, or an electronic incapacitation
device which fails to meet the requirements of subdivision 2 by
any person except as allowed by subdivision 6.
(2) The possession or use of an authorized tear gas
compound or an electronic incapacitation device by a person
specified in subdivision 3, clause paragraph (a) or (c).
(3) The use of tear gas, a tear gas compound, an authorized
tear gas compound, or an electronic incapacitation device except
as allowed by subdivision 2 or 6.
(4) Knowingly selling or furnishing an authorized tear gas
compound or an electronic incapacitation device to a person
specified in subdivision 3, clause paragraph (a) or (c).
(5) Selling or furnishing of tear gas or a tear gas
compound other than an authorized tear gas compound to any
person except as allowed by subdivision 6.
(6) Selling or furnishing of an authorized tear gas
compound or an electronic incapacitation device on premises
where intoxicating liquor is sold on an on-sale or off-sale
basis or where 3.2 percent malt liquor is sold on an on-sale
basis.
(7) Selling an authorized tear gas compound or an
electronic incapacitation device in violation of local licensing
requirements.
Sec. 57. Minnesota Statutes 1993 Supplement, section
626.556, subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
content indicates otherwise:
(a) "Sexual abuse" means the subjection of a child by a
person responsible for the child's care, by a person who has a
significant relationship to the child, as defined in section
609.341, or by a person in a position of authority, as defined
in section 609.341, subdivision 10, to any act which constitutes
a violation of section 609.342, 609.343, 609.344, or 609.345.
Sexual abuse also includes any act which involves a minor which
constitutes a violation of sections 609.321 to 609.324 or
617.246. Sexual abuse includes threatened sexual abuse.
(b) "Person responsible for the child's care" means (1) an
individual functioning within the family unit and having
responsibilities for the care of the child such as a parent,
guardian, or other person having similar care responsibilities,
or (2) an individual functioning outside the family unit and
having responsibilities for the care of the child such as a
teacher, school administrator, or other lawful custodian of a
child having either full-time or short-term care
responsibilities including, but not limited to, day care,
babysitting whether paid or unpaid, counseling, teaching, and
coaching.
(c) "Neglect" means failure by a person responsible for a
child's care to supply a child with necessary food, clothing,
shelter or medical care when reasonably able to do so, failure
to protect a child from conditions or actions which imminently
and seriously endanger the child's physical or mental health
when reasonably able to do so, or failure to take steps to
ensure that a child is educated in accordance with state law.
Nothing in this section shall be construed to mean that a child
is neglected solely because the child's parent, guardian, or
other person responsible for the child's care in good faith
selects and depends upon spiritual means or prayer for treatment
or care of disease or remedial care of the child in lieu of
medical care; except that there is a duty a parent, guardian, or
caretaker, or a person mandated to report pursuant to
subdivision 3, has a duty to report if a lack of medical care
may cause imminent and serious danger to the child's health.
This section does not impose upon persons, not otherwise legally
responsible for providing a child with necessary food, clothing,
shelter, education, or medical care, a duty to provide that
care. Neglect includes prenatal exposure to a controlled
substance, as defined in section 253B.02, subdivision 2, used by
the mother for a nonmedical purpose, as evidenced by withdrawal
symptoms in the child at birth, results of a toxicology test
performed on the mother at delivery or the child at birth, or
medical effects or developmental delays during the child's first
year of life that medically indicate prenatal exposure to a
controlled substance. Neglect also means "medical neglect" as
defined in section 260.015, subdivision 2a, clause (5).
(d) "Physical abuse" means any physical or mental injury,
or threatened injury, inflicted by a person responsible for the
child's care on a child other than by accidental means, or any
physical or mental injury that cannot reasonably be explained by
the child's history of injuries, or any aversive and deprivation
procedures that have not been authorized under section 245.825.
(e) "Report" means any report received by the local welfare
agency, police department, or county sheriff pursuant to this
section.
(f) "Facility" means a day care facility, residential
facility, agency, hospital, sanitarium, or other facility or
institution required to be licensed pursuant to sections 144.50
to 144.58, 241.021, or 245A.01 to 245A.16.
(g) "Operator" means an operator or agency as defined in
section 245A.02.
(h) "Commissioner" means the commissioner of human services.
(i) "Assessment" includes authority to interview the child,
the person or persons responsible for the child's care, the
alleged perpetrator, and any other person with knowledge of the
abuse or neglect for the purpose of gathering the facts,
assessing the risk to the child, and formulating a plan.
(j) "Practice of social services," for the purposes of
subdivision 3, includes but is not limited to employee
assistance counseling and the provision of guardian ad litem
services.
(k) "Mental injury" means an injury to the psychological
capacity or emotional stability of a child as evidenced by an
observable or substantial impairment in the child's ability to
function within a normal range of performance and behavior with
due regard to the child's culture.
(l) "Threatened injury" means a statement, overt act,
condition, or status that represents a substantial risk of
physical or sexual abuse or mental injury.
Sec. 58. Minnesota Statutes 1992, section 626.556,
subdivision 6, is amended to read:
Subd. 6. [FAILURE TO REPORT.] A person mandated by this
section to report who knows or has reason to believe that a
child is neglected or physically or sexually abused, as defined
in subdivision 2, or has been neglected or physically or
sexually abused within the preceding three years, and fails to
report is guilty of a misdemeanor. A parent, guardian, or
caretaker who knows or reasonably should know that the child's
health is in serious danger and who fails to report as required
by subdivision 2, paragraph (c), is guilty of a gross
misdemeanor if the child suffers substantial or great bodily
harm because of the lack of medical care. If the child dies
because of the lack of medical care, the person 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 $4,000, or
both. The provision in section 609.378, subdivision 1,
paragraph (a), clause (1), providing that a parent, guardian, or
caretaker may, in good faith, select and depend on spiritual
means or prayer for treatment or care of a child, does not
exempt a parent, guardian, or caretaker from the duty to report
under this subdivision.
Sec. 59. Minnesota Statutes 1992, section 626.556,
subdivision 10e, is amended to read:
Subd. 10e. [DETERMINATIONS.] Upon the conclusion of every
assessment or investigation it conducts, the local welfare
agency shall make two determinations: first, whether
maltreatment has occurred; and second, whether child protective
services are needed.
(a) For the purposes of this subdivision, "maltreatment"
means any of the following acts or omissions committed by a
person responsible for the child's care:
(1) physical abuse as defined in subdivision 2, paragraph
(d);
(2) neglect as defined in subdivision 2, paragraph (c);
(3) sexual abuse as defined in subdivision 2, paragraph
(a); or
(4) mental injury as defined in subdivision 2, paragraph
(k).
(b) For the purposes of this subdivision, a determination
that child protective services are needed means that the local
welfare agency has documented conditions during the assessment
or investigation sufficient to cause a child protection worker,
as defined in section 626.559, subdivision 1, to conclude that a
child is at significant risk of maltreatment if protective
intervention is not provided and that the individuals
responsible for the child's care have not taken or are not
likely to take actions to protect the child from maltreatment or
risk of maltreatment.
(c) This subdivision does not mean that maltreatment has
occurred solely because the child's parent, guardian, or other
person responsible for the child's care in good faith selects
and depends upon spiritual means or prayer for treatment or care
of disease or remedial care of the child, in lieu of medical
care. However, if lack of medical care may result in imminent
and serious danger to the child's health, the local welfare
agency may ensure that necessary medical services are provided
to the child.
Sec. 60. Minnesota Statutes 1992, section 626.557,
subdivision 2, is amended to read:
Subd. 2. [DEFINITIONS.] As used in this section, the
following terms have the meanings given them unless the specific
context indicates otherwise.
(a) "Facility" means a hospital or other entity required to
be licensed pursuant to sections 144.50 to 144.58; a nursing
home required to be licensed to serve adults pursuant to section
144A.02; an agency, day care facility, or residential facility
required to be licensed to serve adults pursuant to sections
245A.01 to 245A.16; or a home care provider licensed under
section 144A.46.
(b) "Vulnerable adult" means any person 18 years of age or
older:
(1) who is a resident or inpatient of a facility;
(2) who receives services at or from a facility required to
be licensed to serve adults pursuant to sections 245A.01 to
245A.16, except a person receiving outpatient services for
treatment of chemical dependency or mental illness;
(3) who receives services from a home care provider
licensed under section 144A.46; or
(4) who, regardless of residence or type of service
received, is unable or unlikely to report abuse or neglect
without assistance because of impairment of mental or physical
function or emotional status.
"Vulnerable adult" does not include a person who is committed as
a psychopathic personality under section 526.10.
(c) "Caretaker" means an individual or facility who has
responsibility for the care of a vulnerable adult as a result of
a family relationship, or who has assumed responsibility for all
or a portion of the care of a vulnerable adult voluntarily, by
contract, or by agreement.
(d) "Abuse" means:
(1) any act which constitutes a violation under sections
609.221 to 609.223, 609.23 to 609.235, 609.322, 609.342,
609.343, 609.344, or 609.345;
(2) nontherapeutic conduct which produces or could
reasonably be expected to produce pain or injury and is not
accidental, or any repeated conduct which produces or could
reasonably be expected to produce mental or emotional distress;
(3) any sexual contact between a facility staff person and
a resident or client of that facility;
(4) the illegal use of a vulnerable adult's person or
property for another person's profit or advantage, or the breach
of a fiduciary relationship through the use of a person or a
person's property for any purpose not in the proper and lawful
execution of a trust, including but not limited to situations
where a person obtains money, property, or services from a
vulnerable adult through the use of undue influence, harassment,
duress, deception, or fraud; or
(5) any aversive and deprivation procedures that have not
been authorized under section 245.825.
(e) "Neglect" means:
(1) failure by a caretaker to supply a vulnerable adult
with necessary food, clothing, shelter, health care or
supervision;
(2) the absence or likelihood of absence of necessary food,
clothing, shelter, health care, or supervision for a vulnerable
adult; or
(3) the absence or likelihood of absence of necessary
financial management to protect a vulnerable adult against abuse
as defined in paragraph (d), clause (4). Nothing in this
section shall be construed to require a health care facility to
provide financial management or supervise financial management
for a vulnerable adult except as otherwise required by law.
(f) "Report" means any report received by a local welfare
agency, police department, county sheriff, or licensing agency
pursuant to this section.
(g) "Licensing agency" means:
(1) the commissioner of health, for facilities as defined
in clause (a) which are required to be licensed or certified by
the department of health;
(2) the commissioner of human services, for facilities
required by sections 245A.01 to 245A.16 to be licensed;
(3) any licensing board which regulates persons pursuant to
section 214.01, subdivision 2; and
(4) any agency responsible for credentialing human services
occupations.
(h) "Substantiated" means a preponderance of the evidence
shows that an act that meets the definition of abuse or neglect
occurred.
(i) "False" means a preponderance of the evidence shows
that an act that meets the definition of abuse or neglect did
not occur.
(j) "Inconclusive" means there is less than a preponderance
of evidence to show that abuse or neglect did or did not occur.
Sec. 61. Minnesota Statutes 1992, section 626.557,
subdivision 10a, is amended to read:
Subd. 10a. [NOTIFICATION OF NEGLECT OR ABUSE IN A
FACILITY.] (a) When a report is received that alleges neglect,
physical abuse, or sexual abuse of a vulnerable adult while in
the care of a facility required to be licensed under section
144A.02 or sections 245A.01 to 245A.16, the local welfare agency
investigating the report shall notify the guardian or
conservator of the person of a vulnerable adult under
guardianship or conservatorship of the person who is alleged to
have been abused or neglected. The local welfare agency shall
notify the person, if any, designated to be notified in case of
an emergency by a vulnerable adult not under guardianship or
conservatorship of the person who is alleged to have been abused
or neglected, unless consent is denied by the vulnerable adult.
The notice shall contain the following information: the name of
the facility; the fact that a report of alleged abuse or neglect
of a vulnerable adult in the facility has been received; the
nature of the alleged abuse or neglect; that the agency is
conducting an investigation; any protective or corrective
measures being taken pending the outcome of the investigation;
and that a written memorandum will be provided when the
investigation is completed.
(b) In a case of alleged neglect, physical abuse, or sexual
abuse of a vulnerable adult while in the care of a facility
required to be licensed under sections 245A.01 to 245A.16, the
local welfare agency may also provide the information in
paragraph (a) to the guardian or conservator of the person of
any other vulnerable adult in the facility who is under
guardianship or conservatorship of the person, to any other
vulnerable adult in the facility who is not under guardianship
or conservatorship of the person, and to the person, if any,
designated to be notified in case of an emergency by any other
vulnerable adult in the facility who is not under guardianship
or conservatorship of the person, unless consent is denied by
the vulnerable adult, if the investigative agency knows or has
reason to believe the alleged neglect, physical abuse, or sexual
abuse has occurred.
(c) When the investigation required under subdivision 10 is
completed, the local welfare agency shall provide a written
memorandum containing the following information to every
guardian or conservator of the person or other person notified
by the agency of the investigation under paragraph (a) or (b):
the name of the facility investigated; the nature of the alleged
neglect, physical abuse, or sexual abuse; the investigator's
name; a summary of the investigative findings; a statement of
whether the report was found to be substantiated, inconclusive,
or false as to abuse or neglect; and the protective or
corrective measures that are being or will be taken. The
memorandum shall be written in a manner that protects the
identity of the reporter and the alleged victim and shall not
contain the name or, to the extent possible, reveal the identity
of the alleged perpetrator or of those interviewed during the
investigation.
(d) In a case of neglect, physical abuse, or sexual abuse
of a vulnerable adult while in the care of a facility required
to be licensed under sections 245A.01 to 245A.16, the local
welfare agency may also provide the written memorandum to the
guardian or conservator of the person of any other vulnerable
adult in the facility who is under guardianship or
conservatorship of the person, to any other vulnerable adult in
the facility who is not under guardianship or conservatorship of
the person, and to the person, if any, designated to be notified
in case of an emergency by any other vulnerable adult in the
facility who is not under guardianship or conservatorship of the
person, unless consent is denied by the vulnerable adult, if the
report is substantiated or if the investigation is inconclusive
and the report is a second or subsequent report of neglect,
physical abuse, or sexual abuse of a vulnerable adult while in
the care of the facility.
(e) In determining whether to exercise the discretionary
authority granted under paragraphs (b) and (d), the local
welfare agency shall consider the seriousness and extent of the
alleged neglect, physical abuse, or sexual abuse and the impact
of notification on the residents of the facility. The facility
shall be notified whenever this discretion is exercised.
(f) Where federal law specifically prohibits the disclosure
of patient identifying information, the local welfare agency
shall not provide any notice under paragraph (a) or (b) or any
memorandum under paragraph (c) or (d) unless the vulnerable
adult has consented to disclosure in a manner which conforms to
federal requirements.
Sec. 62. Minnesota Statutes 1992, section 626.557,
subdivision 12, is amended to read:
Subd. 12. [RECORDS.] (a) Each licensing agency shall
maintain summary records of reports of alleged abuse or neglect
and alleged violations of the requirements of this section with
respect to facilities or persons licensed or credentialed by
that agency. As part of these records, the agency shall prepare
an investigation memorandum. Notwithstanding section 13.46,
subdivision 3, the investigation memorandum shall be accessible
to the public pursuant to section 13.03 and a copy shall be
provided to any public agency which referred the matter to the
licensing agency for investigation. It shall contain a complete
review of the agency's investigation, including but not limited
to: the name of any facility investigated; a statement of the
nature of the alleged abuse or neglect or other violation of the
requirements of this section; pertinent information obtained
from medical or other records reviewed; the investigator's name;
a summary of the investigation's findings; a statement of
whether the report was found to be substantiated, inconclusive,
or false as to abuse or neglect; and a statement of any action
taken by the agency. The investigation memorandum shall be
written in a manner which protects the identity of the reporter
and of the vulnerable adult and may not contain the name or, to
the extent possible, the identity of the alleged perpetrator or
of those interviewed during the investigation. During the
licensing agency's investigation, all data collected pursuant to
this section shall be classified as investigative data pursuant
to section 13.39. After the licensing agency's investigation is
complete, the data on individuals collected and maintained shall
be private data on individuals. All data collected pursuant to
this section shall be made available to prosecuting authorities
and law enforcement officials, local welfare agencies, and
licensing agencies investigating the alleged abuse or neglect.
The subject of the report may compel disclosure of the name of
the reporter only with the consent of the reporter or upon a
written finding by the court that the report was false and that
there is evidence that the report was made in bad faith. This
subdivision does not alter disclosure responsibilities or
obligations under the rules of criminal procedure.
(b) Notwithstanding the provisions of section 138.163:
(1) all data maintained by licensing agencies, treatment
facilities, or other public agencies which relate to reports
which, upon investigation, are found to be false may be
destroyed two years after the finding was made;
(2) all data maintained by licensing agencies, treatment
facilities, or other public agencies which relate to reports
which, upon investigation, are found to be inconclusive may be
destroyed four years after the finding was made;
(3) all data maintained by licensing agencies, treatment
facilities, or other public agencies which relate to reports
which, upon investigation, are found to be substantiated may be
destroyed seven years after the finding was made.
Sec. 63. Minnesota Statutes 1992, section 626A.05,
subdivision 2, is amended to read:
Subd. 2. [OFFENSES FOR WHICH INTERCEPTION OF WIRE OR ORAL
COMMUNICATION MAY BE AUTHORIZED.] A warrant authorizing
interception of wire, electronic, or oral communications by
investigative or law enforcement officers may only be issued
when the interception may provide evidence of the commission of,
or of an attempt or conspiracy to commit, any of the following
offenses:
(1) a felony offense involving murder, manslaughter,
assault in the first, second, and third degrees, aggravated
robbery, kidnapping, criminal sexual conduct in the first,
second, and third degrees, prostitution, bribery, perjury,
escape from custody, theft, receiving stolen property,
embezzlement, burglary in the first, second, and third degrees,
forgery, aggravated forgery, check forgery, or financial
transaction card fraud, as punishable under sections 609.185,
609.19, 609.195, 609.20, 609.221, 609.222, 609.223, 609.2231,
609.245, 609.25, 609.321 to 609.324, 609.342, 609.343, 609.344,
609.42, 609.48, 609.485, subdivision 4, paragraph (a), clause
(1), 609.52, 609.53, 609.54, 609.582, 609.625, 609.63, 609.631,
609.821, and 609.825;
(2) an offense relating to gambling or controlled
substances, as punishable under section 609.76 or chapter 152;
or
(3) an offense relating to restraint of trade defined in
section 325D.53, subdivision 1 or 2, as punishable under section
325D.56, subdivision 2.
Sec. 64. Minnesota Statutes 1993 Supplement, 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.
(j) 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.
(k) The limitations periods contained in this section for
an offense shall not include any period during which the alleged
offender participated under a written agreement in a pretrial
diversion program relating to that offense.
Sec. 65. Minnesota Statutes 1992, section 629.471, is
amended to read:
629.471 [MAXIMUM BAIL ON MISDEMEANORS; GROSS MISDEMEANORS.]
Subdivision 1. [DOUBLE THE FINE.] Except as provided in
subdivision 2 or 3, the maximum cash bail that may be required
for a person charged with a misdemeanor or gross misdemeanor
offense is double the highest cash fine that may be imposed for
that offense.
Subd. 2. [QUADRUPLE THE FINE.] For offenses under sections
169.09, 169.121, 169.129, 518B.01, 609.2231, subdivision
2, 609.224, 609.487, and 609.525, the maximum cash bail that may
be required for a person charged with a misdemeanor or gross
misdemeanor violation is quadruple the highest cash fine that
may be imposed for the offense.
Subd. 3. [SIX TIMES THE FINE.] For offenses under sections
518B.01 and 609.224, the maximum cash bail that may be required
for a person charged with a misdemeanor or gross misdemeanor
violation is six times the highest cash fine that may be imposed
for the offense.
Sec. 66. [SENTENCING GUIDELINES MODIFICATION.]
The sentencing guidelines commission shall consider ranking
conduct constituting sexual contact with a child under the age
of 13, as defined in section 32, in severity level VII of the
sentencing guidelines grid.
Sec. 67. [SENTENCING GUIDELINES COMMISSION STUDY.]
The sentencing guidelines commission shall evaluate whether
the current sentencing guidelines and related statutes are
effective in furthering the goals of protecting the public
safety and coordinating correctional resources with sentencing
policy. Based on this evaluation, the commission shall develop
and recommend options for modifying the sentencing guidelines so
as to ensure that state correctional resources are reserved for
violent offenders. These options may include, but need not be
limited to, changes to severity level rankings, criminal history
score computations, sentence durations, the grid, and other
sentencing guidelines policies.
The commission shall report to the legislature by January
1, 1995, concerning any modifications it proposes to adopt as a
result of its study. The commission's report shall explain the
rationale behind each proposed modification.
Sec. 68. [REPORT TO THE LEGISLATURE.]
By December 31, 1994, the attorney general, in cooperation
with the commissioners of health and human services, shall
provide the legislature with a detailed plan with specific law,
rule, or administrative procedure changes to implement the
recommendations of the advisory committee established under Laws
1993, chapter 338, section 11. The attorney general shall work
with that advisory committee, law enforcement agencies, and
representatives of labor organizations and professional
associations representing employees affected by the vulnerable
adults act to develop comprehensive recommendations addressing
issues in the operation of Minnesota Statutes, section 626.557,
particularly the issues which the advisory committee identified
in its February 1994 report to the governor and legislature.
Sec. 69. [REPEALER.]
Minnesota Statutes 1992, sections 152.01, subdivision 17;
609.0332, subdivision 2; and 609.855, subdivision 4, are
repealed.
Sec. 70. [EFFECTIVE DATE.]
Sections 66 to 68 are effective the day following final
enactment. Sections 2, 8, 9 to 11, 48, and 60 to 62, are
effective July 1, 1994. Sections 1, 3 to 7, 12 to 17, 19 to 21,
23 to 47, 49 to 59, 63 to 65, and 69, are effective August 1,
1994, and apply to crimes committed on or after that date.
Sections 18 and 22 are effective August 1, 1995, and apply to
crimes committed on or after that date.
ARTICLE 3
FIREARM PROVISIONS
Section 1. Minnesota Statutes 1992, section 244.09, is
amended by adding a subdivision to read:
Subd. 14. [REPORT ON MANDATORY MINIMUM SENTENCES.] The
sentencing guidelines commission shall include in its annual
report to the legislature a summary and analysis of reports
received from county attorneys under section 609.11, subdivision
10.
Sec. 2. [245.041] [PROVISION OF FIREARMS BACKGROUND CHECK
INFORMATION.]
Notwithstanding section 253B.23, subdivision 9, the
commissioner of human services shall provide commitment
information to local law enforcement agencies for the sole
purpose of facilitating a firearms background check under
section 624.7131, 624.7132, or 624.714. The information to be
provided is limited to whether the person has been committed
under chapter 253B and, if so, the type of commitment.
Sec. 3. [253B.091] [REPORTING JUDICIAL COMMITMENTS
INVOLVING PRIVATE TREATMENT PROGRAMS OR FACILITIES.]
Notwithstanding section 253B.23, subdivision 9, when a
committing court judicially commits a proposed patient to a
treatment program or facility other than a state-operated
program or facility, the court shall report the commitment to
the commissioner of human services for purposes of providing
commitment information for firearm background checks under
section 245.041.
Sec. 4. Minnesota Statutes 1992, section 487.25, is
amended by adding a subdivision to read:
Subd. 12. [ASSISTANCE OF ATTORNEY GENERAL.] An attorney
for a statutory or home rule charter city in the metropolitan
area, as defined in section 473.121, subdivision 2, may request,
and the attorney general may provide, assistance in prosecuting
nonfelony violations of section 609.66, subdivision 1; 609.666;
624.713, subdivision 2; 624.7131, subdivision 11; 624.7132,
subdivision 15; 624.714, subdivision 1 or 10; 624.7162,
subdivision 3; or 624.7181, subdivision 2.
Sec. 5. Minnesota Statutes 1993 Supplement, section
609.11, subdivision 4, is amended to read:
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 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 not less than three years nor more than the maximum sentence
provided by law.
Sec. 6. Minnesota Statutes 1993 Supplement, section
609.11, subdivision 5, is amended to read:
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, had in possession or used, whether
by brandishing, displaying, threatening with, or otherwise
employing, a firearm, shall be committed to the commissioner of
corrections for 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, had in possession or
used a firearm shall be committed to the commissioner of
corrections for not less than five years, nor more than the
maximum sentence provided by law.
Sec. 7. Minnesota Statutes 1993 Supplement, section
609.11, subdivision 8, is amended to read:
Subd. 8. [MOTION BY PROSECUTOR.] (a) Except as otherwise
provided in paragraph (b), prior to the time of sentencing, the
prosecutor may file a motion to have the defendant sentenced
without regard to the mandatory minimum 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, or
on its own motion, the court shall may sentence the defendant
without regard to the mandatory minimum sentences established by
this section if the court finds substantial and compelling
reasons to do so. A sentence imposed under this subdivision is
a departure from the sentencing guidelines.
(b) The court may not, on its own motion or the
prosecutor's motion, sentence a defendant without regard to the
mandatory minimum sentences established by this section if the
defendant previously has been convicted of an offense listed in
subdivision 9 in which the defendant used or possessed a firearm
or other dangerous weapon.
Sec. 8. Minnesota Statutes 1993 Supplement, section
609.11, is amended by adding a subdivision to read:
Subd. 10. [REPORT ON CRIMINAL CASES INVOLVING A
FIREARM.] Beginning on July 1, 1994, every county attorney shall
collect and maintain the following information on criminal
complaints and prosecutions within the county attorney's office
in which the defendant is alleged to have committed an offense
listed in subdivision 9 while possessing or using a firearm:
(1) whether the case was charged or dismissed;
(2) whether the defendant was convicted of the offense or a
lesser offense; and
(3) whether the mandatory minimum sentence required under
this section was imposed and executed or was waived by the
prosecutor or court.
No later than July 1 of each year, beginning on July 1,
1995, the county attorney shall forward this information to the
sentencing guidelines commission upon forms prescribed by the
commission.
Sec. 9. Minnesota Statutes 1992, section 609.165, is
amended by adding a subdivision to read:
Subd. 1b. [VIOLATION AND PENALTY.] (a) Any person who
ships, transports, possesses, or receives a firearm in violation
of subdivision 1a, commits 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.
(b) Nothing in this section shall be construed to bar a
conviction and sentencing for a violation of section 624.713,
subdivision 1, clause (b).
Sec. 10. Minnesota Statutes 1992, section 609.224,
subdivision 3, is amended to read:
Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person
is convicted of a violation of this section or section 609.221,
609.222, or 609.223, the court shall determine and make written
findings on the record as to whether:
(1) the assault was committed against a family or household
member, as defined in section 518B.01, subdivision 2;
(2) the defendant owns or possesses a firearm; and
(3) the firearm was used in any way during the commission
of the assault.
(b) If the court determines that the assault was of a
family or household member, and that the offender owns or
possesses a firearm and used it in any way during the commission
of the assault, it shall order the defendant to relinquish
possession of that the firearm and give it to the local law
enforcement agency. Notwithstanding section 609.531,
subdivision 1, paragraph (f), clause (1), the court shall
determine whether the firearm shall be summarily forfeited under
section 609.5316, subdivision 3, or retained by the local law
enforcement agency for a period of three years. If the owner
has not been convicted of any crime of violence as defined in
section 624.712, subdivision 5, or 609.224 against a family or
household member within that period, the law enforcement agency
shall return the firearm.
(c) When a person is convicted of assaulting a family or
household member and is determined by the court to have used a
firearm in any way during commission of the assault the court
may order that the person is prohibited from possessing any type
of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this
firearm possession prohibition is guilty of a gross
misdemeanor. At the time of the conviction, the court shall
inform the defendant whether and for how long the defendant is
prohibited from possessing a firearm and that it is a gross
misdemeanor to violate this prohibition. The failure of the
court to provide this information to a defendant does not affect
the applicability of the firearm possession prohibition or the
gross misdemeanor penalty to that defendant.
(d) Except as otherwise provided in paragraph (c), when a
person is convicted of a violation of this section and the court
determines that the victim was a family or household member, the
court shall inform the defendant that the defendant is
prohibited from possessing a pistol for a period of three years
from the date of conviction and that it is a gross misdemeanor
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 possession prohibition or the gross
misdemeanor penalty to that defendant.
(d) (e) Except as otherwise provided in paragraph (c), a
person is not entitled to possess a pistol if:
(1) the person has been convicted after August 1, 1992, of
assault in the fifth degree if the offense was committed within
three years of a previous conviction under sections 609.221 to
609.224; or
(2) the person has been convicted after August 1, 1992, of
assault in the fifth degree under section 609.224 and the
assault victim was a family or household member as defined in
section 518B.01, subdivision 2, unless three years have elapsed
from the date of conviction and, during that time, the person
has not been convicted of any other violation of section
609.224. Property rights may not be abated but access may be
restricted by the courts. A person who possesses a pistol in
violation of this subdivision paragraph is guilty of a gross
misdemeanor.
Sec. 11. Minnesota Statutes 1993 Supplement, section
609.531, subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 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 as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.
(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,
chapter 152, or chapter 624;
(2) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 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;
or any violation of section 609.324.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
Sec. 12. Minnesota Statutes 1993 Supplement, section
609.5315, subdivision 1, is amended to read:
Subdivision 1. [DISPOSITION.] If the court finds under
section 609.5313, 609.5314, or 609.5318 that the property is
subject to forfeiture, it shall order the appropriate agency to:
(1) destroy all weapons used, firearms, ammunition, and
firearm accessories that the agency decides not to use for law
enforcement purposes under clause (6), unless the agency
determines that there is good reason not to destroy a particular
item;
(2) 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) (3) take custody of the property and remove it for
disposition in accordance with law;
(3) (4) forward the property to the federal drug
enforcement administration;
(4) (5) disburse money as provided under subdivision 5; or
(5) (6) keep property other than money for official use by
the agency and the prosecuting agency.
Sec. 13. Minnesota Statutes 1993 Supplement, 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, except that
the agency must destroy all forfeited weapons used, firearms,
ammunition, and firearm accessories that the agency decides not
to use for law enforcement purposes under subdivision 1, clause
(6).
Sec. 14. Minnesota Statutes 1992, section 609.5315,
subdivision 6, is amended to read:
Subd. 6. [REPORTING REQUIREMENT.] The appropriate agency
shall provide a written record of each forfeiture incident to
the state auditor. The record shall include the amount
forfeited, date, and a brief description of the circumstances
involved. The record shall also list the number of firearms
forfeited and the make, model, and serial number of each firearm
forfeited. Reports shall be made on a monthly basis in a manner
prescribed by the state auditor. The state auditor shall report
annually to the legislature on the nature and extent of
forfeitures.
Sec. 15. Minnesota Statutes 1992, section 609.5315, is
amended by adding a subdivision to read:
Subd. 7. [FIREARMS.] The agency shall make best efforts
for a period of 90 days after the seizure of an abandoned or
stolen firearm to protect the firearm from harm and return it to
the lawful owner.
Sec. 16. Minnesota Statutes 1992, section 609.5316,
subdivision 1, is amended to read:
Subdivision 1. [CONTRABAND.] Except as otherwise provided
in this subdivision, if the property is contraband, the property
must be summarily forfeited and either destroyed or used by the
appropriate agency for law enforcement purposes. Upon summary
forfeiture, weapons used must be destroyed by the appropriate
agency unless the agency decides to use the weapons for law
enforcement purposes.
Sec. 17. Minnesota Statutes 1992, section 609.5316,
subdivision 3, is amended to read:
Subd. 3. [WEAPONS AND BULLET-RESISTANT VESTS.] Weapons
used are contraband and must be summarily forfeited to the
appropriate agency upon conviction of the weapon's owner or
possessor for a controlled substance crime or for any offense of
this chapter or chapter 624. Bullet-resistant vests, as defined
in section 609.486, worn or possessed during the commission or
attempted commission of a crime are contraband and must be
summarily forfeited to the appropriate agency upon conviction of
the owner or possessor for a controlled substance crime or for
any offense of this chapter. Notwithstanding this subdivision,
weapons used and bullet-resistant vests worn or possessed may be
forfeited without a conviction under sections 609.531 to
609.5315.
Sec. 18. Minnesota Statutes 1992, section 609.66,
subdivision 1b, is amended to read:
Subd. 1b. [FELONY; FURNISHING TO MINORS.] Whoever, in any
municipality of this state, furnishes a minor under 18 years of
age with a firearm, airgun, ammunition, or explosive without the
prior consent of the minor's parent or guardian or of the police
department of the municipality is guilty of a felony and may be
sentenced to imprisonment for not more than five ten years or to
payment of a fine of not more than $10,000 $20,000, or both.
Possession of written evidence of prior consent signed by the
minor's parent or guardian is a complete defense to a charge
under this subdivision.
Sec. 19. Minnesota Statutes 1992, section 609.66,
subdivision 1c, is amended to read:
Subd. 1c. [FELONY; FURNISHING A DANGEROUS WEAPON.] Whoever
recklessly furnishes a person with a dangerous weapon in
conscious disregard of a known substantial risk that the object
will be possessed or used in furtherance of a felony crime of
violence is guilty of a felony and may be sentenced to
imprisonment for not more than five ten years or to payment of a
fine of not more than $10,000 $20,000, or both.
Sec. 20. Minnesota Statutes 1992, section 609.66, is
amended by adding a subdivision to read:
Subd. 1f. [GROSS MISDEMEANOR; TRANSFERRING A FIREARM
WITHOUT BACKGROUND CHECK.] A person, other than a federally
licensed firearms dealer, who transfers a pistol or
semiautomatic military-style assault weapon to another without
complying with the transfer requirements of section 624.7132, is
guilty of a gross misdemeanor if the transferee possesses or
uses the weapon within one year after the transfer in
furtherance of a felony crime of violence, and if:
(1) the transferee was prohibited from possessing the
weapon under section 624.713 at the time of the transfer; or
(2) it was reasonably foreseeable at the time of the
transfer that the transferee was likely to use or possess the
weapon in furtherance of a felony crime of violence.
Sec. 21. Minnesota Statutes 1992, section 609.66, is
amended by adding a subdivision to read:
Subd. 1g. [FELONY; POSSESSION IN COURTHOUSE OR CERTAIN
STATE BUILDINGS.] (a) A person who commits either of the
following acts 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:
(1) possesses a dangerous weapon, ammunition, or explosives
within any courthouse complex; or
(2) possesses a dangerous weapon, ammunition, or explosives
in any state building within the capitol area described in
section 15.50, other than the National Guard Armory.
(b) Unless a person is otherwise prohibited or restricted
by other law to possess a dangerous weapon, this subdivision
does not apply to:
(1) licensed peace officers or military personnel who are
performing official duties;
(2) persons who carry pistols according to the terms of a
permit issued under section 624.714 and who so notify the
sheriff or the commissioner of public safety, as appropriate;
(3) persons who possess dangerous weapons for the purpose
of display as demonstrative evidence during testimony at a trial
or hearing or exhibition in compliance with advance notice and
safety guidelines set by the sheriff or the commissioner of
public safety; or
(4) persons who possess dangerous weapons in a courthouse
complex with the express consent of the county sheriff or who
possess dangerous weapons in a state building with the express
consent of the commissioner of public safety.
Sec. 22. [609.667] [FIREARMS; REMOVAL OR ALTERATION OF
SERIAL NUMBER.]
Whoever commits any of the following acts 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:
(1) obliterates, removes, changes, or alters the serial
number or other identification of a firearm;
(2) receives or possesses a firearm, the serial number or
other identification of which has been obliterated, removed,
changed, or altered; or
(3) receives or possesses a firearm that is not identified
by a serial number.
As used in this section, "serial number or other
identification" means the serial number and other information
required under United States Code, title 26, section 5842, for
the identification of firearms.
Sec. 23. Minnesota Statutes 1992, section 609.713,
subdivision 3, is amended to read:
Subd. 3. (a) Whoever displays, exhibits, brandishes, or
otherwise employs a replica firearm or a BB gun in a threatening
manner, may be sentenced to imprisonment for not more than one
year and one day or to payment of a fine of not more than
$3,000, or both, if, in doing so, the person either:
(1) causes or attempts to cause terror in another person;
or
(2) acts in reckless disregard of the risk of causing
terror in another person.
(b) For purposes of this subdivision,:
(1) "BB gun" means a device that fires or ejects a shot
measuring .18 of an inch or less in diameter; and
(2) "replica firearm" means a device or object that is not
defined as a dangerous weapon, and that is a facsimile or toy
version of, and reasonably appears to be a pistol, revolver,
shotgun, sawed-off shotgun, rifle, machine gun, rocket launcher,
or any other firearm. The term replica firearm includes, but is
not limited to, devices or objects that are designed to fire
only blanks.
Sec. 24. Minnesota Statutes 1993 Supplement, 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, assaults motivated by bias under section 609.2231,
subdivision 4, 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, 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, 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. 25. Minnesota Statutes 1992, section 624.712, is
amended by adding a subdivision to read:
Subd. 9. [BUSINESS DAY.] "Business day" means a day on
which state offices are open for normal business and excludes
weekends and legal holidays.
Sec. 26. Minnesota Statutes 1992, section 624.712, is
amended by adding a subdivision to read:
Subd. 10. [CRIME PUNISHABLE BY IMPRISONMENT FOR A TERM
EXCEEDING ONE YEAR.] "Crime punishable by imprisonment for a
term exceeding one year" does not include:
(1) any federal or state offense pertaining to antitrust
violations, unfair trade practices, restraints of trade, or
other similar offenses relating to the regulation of business
practices; or
(2) any state offense classified by the laws of this state
or any other state as a misdemeanor and punishable by a term of
imprisonment of two years or less.
What constitutes a conviction of a crime shall be
determined in accordance with the law of the jurisdiction in
which the proceedings were held. Any conviction which has been
expunged, or set aside, or for which a person has been pardoned
or has had civil rights restored shall not be considered a
conviction for purposes of this definition, unless such pardon,
expungement, or restoration of civil rights expressly provides
that the person may not ship, transport, possess, or receive
firearms.
Sec. 27. Minnesota Statutes 1993 Supplement, section
624.713, subdivision 1, is amended to read:
Subdivision 1. [INELIGIBLE PERSONS.] The following persons
shall not be entitled to possess a pistol or semiautomatic
military-style assault weapon or, except for paragraph (a), any
other firearm:
(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) except as otherwise provided in clause (i), 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, or who
has ever been found incompetent to stand trial or not guilty by
reason of mental illness, 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 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;
(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) except as otherwise provided in clause (i), a person
who has been convicted in another state of committing an offense
similar to the offense described in section 609.224, subdivision
3, 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, subdivision 3, or a similar law of another state;
(i) a person who has been convicted in this state or
elsewhere of assaulting a family or household member and who was
found by the court to have used a firearm in any way during
commission of the assault is prohibited from possessing any type
of firearm for the period determined by the sentencing court; or
(j) a person who:
(1) has been convicted in any court of a crime punishable
by imprisonment for a term exceeding one year;
(2) is a fugitive from justice as a result of having fled
from any state to avoid prosecution for a crime or to avoid
giving testimony in any criminal proceeding;
(3) is an unlawful user of any controlled substance as
defined in chapter 152;
(4) has been judicially committed to a treatment facility
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;
(5) is an alien who is illegally or unlawfully in the
United States;
(6) has been discharged from the armed forces of the United
States under dishonorable conditions; or
(7) has renounced the person's citizenship having been a
citizen of the United States.
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.
The prohibition in this subdivision relating to the
possession of firearms other than pistols and semiautomatic
military-style assault weapons does not apply retroactively to
persons who are prohibited from possessing a pistol or
semiautomatic military-style assault weapon under this
subdivision before August 1, 1994.
Sec. 28. Minnesota Statutes 1993 Supplement, section
624.713, is amended by adding a subdivision to read:
Subd. 1a. [INELIGIBLE TO RECEIVE, SHIP, TRANSPORT.] A
person presently charged with a crime punishable by imprisonment
for a term exceeding one year shall not be entitled to receive,
ship, or transport any pistol or semiautomatic military-style
assault weapon. A violation of this subdivision is a gross
misdemeanor.
Sec. 29. Minnesota Statutes 1993 Supplement, section
624.7131, subdivision 1, is amended to read:
Subdivision 1. [INFORMATION.] Any person may apply for a
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 that the proposed transferee authorizes the
release to the local police authority of commitment information
about the proposed transferee maintained by the commissioner of
human services, to the extent that the information relates to
the proposed transferee's eligibility to possess a pistol or
semiautomatic military-style assault weapon under section
624.713, subdivision 1; and
(d) 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 statements shall be signed and dated 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. The statement under clause (c)
must comply with any applicable requirements of Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to
consent to disclosure of alcohol or drug abuse patient records.
Sec. 30. Minnesota Statutes 1992, section 624.7131,
subdivision 2, is amended to read:
Subd. 2. [INVESTIGATION.] The chief of police or sheriff
shall check criminal histories, records and warrant information
relating to the applicant through the Minnesota crime
information system and the national criminal record repository
and shall make a reasonable effort to check other available
state and local record keeping systems. The chief of police or
sheriff shall obtain commitment information from the
commissioner of human services as provided in section 245.041.
Sec. 31. Minnesota Statutes 1993 Supplement, 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. 32. Minnesota Statutes 1993 Supplement, section
624.7132, subdivision 1, is amended to read:
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 proposed transferee
resides 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 that the proposed transferee authorizes the
release to the local police authority of commitment information
about the proposed transferee maintained by the commissioner of
human services, to the extent that the information relates to
the proposed transferee's eligibility to possess a pistol or
semiautomatic military-style assault weapon under section
624.713, subdivision 1;
(d) 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) (e) the address of the place of business of the
transferor.
The report shall be signed and dated 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. The statement under clause (c)
must comply with any applicable requirements of Code of Federal
Regulations, title 42, sections 2.31 to 2.35, with respect to
consent to disclosure of alcohol or drug abuse patient records.
Sec. 33. Minnesota Statutes 1993 Supplement, section
624.7132, subdivision 2, is amended to read:
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 and the national criminal record repository and shall
make a reasonable effort to check other available state and
local record keeping systems. The chief of police or sheriff
shall obtain commitment information from the commissioner of
human services as provided in section 245.041.
Sec. 34. Minnesota Statutes 1993 Supplement, section
624.7132, subdivision 4, is amended to read:
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 five business days after the date of the
agreement to transfer as stated on the report is 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. The chief of police or sheriff
may waive all or a portion of the five business day waiting
period in writing if the chief of police or sheriff finds that
the transferee requires access to a pistol or semiautomatic
military-style assault weapon because of a threat to the life of
the transferee or of any member of the household of the
transferee.
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 five business days of the date after
delivery of the agreement to transfer, the pistol or
semiautomatic military-style assault weapon may be delivered to
the transferee.
Sec. 35. Minnesota Statutes 1993 Supplement, section
624.7132, subdivision 8, is amended to read:
Subd. 8. [REPORT NOT REQUIRED.] (1) If the proposed
transferee presents a valid transferee permit issued under
section 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.
Sec. 36. Minnesota Statutes 1993 Supplement, section
624.7132, subdivision 12, is amended to read:
Subd. 12. [EXCLUSIONS.] Except as otherwise provided in
section 609.66, subdivision 1f, 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.
Sec. 37. Minnesota Statutes 1993 Supplement, section
624.7132, subdivision 14, is amended to read:
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.
(c) The evidence of identity shall contain the name,
residence address, date of birth, and photograph of the proposed
transferee; must be made or issued by or under the authority of
the United States government, a state, a political subdivision
of a state, a foreign government, a political subdivision of a
foreign government, an international governmental or an
international quasi-governmental organization; and must be of a
type commonly accepted for the purpose of identification of
individuals.
(d) A person who becomes a transferee of a pistol or
semiautomatic military-style assault weapon in violation of this
clause subdivision is guilty of a misdemeanor.
Sec. 38. Minnesota Statutes 1992, section 624.714,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS.] Applications for permits to carry
shall set forth in writing the following information:
(1) the name, residence, telephone number, and driver's
license number or nonqualification certificate number, if any,
of the applicant;
(2) the sex, date of birth, height, weight, and color of
eyes and hair, and distinguishing physical characteristics, if
any, of the applicant;
(3) a statement that the applicant authorizes the release
to the local police authority of commitment information about
the applicant maintained by the commissioner of human services,
to the extent that the information relates to the applicant's
eligibility to possess a pistol or semiautomatic military-style
assault weapon under section 624.713, subdivision 1;
(4) a statement by the applicant that the applicant is not
prohibited by section 624.713 from possessing a pistol or
semiautomatic military-style assault weapon; and
(4) (5) a recent color photograph of the applicant.
The application shall be signed and dated by the applicant. The
statement under clause (3) must comply with any applicable
requirements of Code of Federal Regulations, title 42, sections
2.31 to 2.35, with respect to consent to disclosure of alcohol
or drug abuse patient records.
Sec. 39. Minnesota Statutes 1992, section 624.714,
subdivision 4, is amended to read:
Subd. 4. [INVESTIGATION.] The application authority shall
check criminal records, histories, and warrant information on
each applicant through the Minnesota Crime Information System.
The chief of police or sheriff shall obtain commitment
information from the commissioner of human services as provided
in section 245.041.
Sec. 40. Minnesota Statutes 1992, section 624.714,
subdivision 6, is amended to read:
Subd. 6. [FAILURE TO GRANT PERMITS.] Failure of the chief
police officer or the county sheriff to deny the application or
issue a permit to carry a pistol within 21 days of the date of
application shall be deemed to be a grant thereof. The local
police authority shall provide an applicant with written
notification of a denial and the specific reason for the
denial. The permits and their renewal shall be granted free of
charge. A chief of police or a sheriff may charge a fee to
cover the cost of conducting a background check, not to exceed
$10. The permit shall specify the activities for which it shall
be valid.
Sec. 41. [624.7141] [TRANSFER TO INELIGIBLE PERSON.]
Subdivision 1. [TRANSFER PROHIBITED.] A person is guilty
of a gross misdemeanor who intentionally transfers a pistol or
semiautomatic military-style assault weapon to another if the
person knows that the transferee:
(1) has been denied a permit to carry under section 624.714
because the transferee is not eligible under section 624.713 to
possess a pistol or semiautomatic military-style assault weapon;
(2) has been found ineligible to possess a pistol or
semiautomatic military-style assault weapon by a chief of police
or sheriff as a result of an application for a transferee permit
or a transfer report; or
(3) is disqualified under section 624.713 from possessing a
pistol or semiautomatic military-style assault weapon.
Subd. 2. [FELONY.] A violation of this section is a felony
if the transferee possesses or uses the weapon within one year
after the transfer in furtherance of a felony crime of violence.
Subd. 3. [SUBSEQUENT ELIGIBILITY.] This section is not
applicable to a transfer to a person who became eligible to
possess a pistol or semiautomatic military-style assault weapon
under section 624.713 after the transfer occurred but before the
transferee used or possessed the weapon in furtherance of any
crime.
Sec. 42. Minnesota Statutes 1993 Supplement, section
624.7181, is amended to read:
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) "BB gun" means a device that fires or ejects a shot
measuring .18 of an inch or less in diameter.
(b) "Carry" does not include:
(1) the carrying of a BB gun, 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 BB gun, 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 BB gun, 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 BB gun, rifle, or shotgun in
compliance with section 97B.045.
(b) (c) "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 BB gun,
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 their official duties.
Sec. 43. [629.715] [RELEASE IN CASES INVOLVING CRIMES
AGAINST PERSONS.]
Subdivision 1. [JUDICIAL REVIEW; RELEASE; SURRENDER OF
FIREARMS.] (a) When a person is arrested for a crime against the
person, the judge before whom the arrested person is taken 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 crime, or
another, or (3) will not reasonably assure the appearance of the
arrested person at subsequent proceedings.
(b) If the judge determines release under paragraph (a) 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 crime, or may fix the amount of money bail without other
conditions upon which the arrested person may obtain release.
Subd. 2. [SURRENDER OF FIREARMS.] The judge may order as a
condition of release that the person surrender to the local law
enforcement agency all firearms, destructive devices, or
dangerous weapons owned or possessed by the person, and may not
live in a residence where others possess firearms. Any firearm,
destructive device, or dangerous weapon surrendered under this
subdivision shall be inventoried and retained, with due care to
preserve its quality and function, by the local law enforcement
agency, and must be returned to the person upon the person's
acquittal, when charges are dismissed, or if no charges are
filed. If the person is convicted, the firearm must be returned
when the court orders the return or when the person is
discharged from probation and restored to civil rights. If the
person is convicted of a designated offense as defined in
section 609.531, the firearm is subject to forfeiture as
provided under that section. This condition may be imposed in
addition to any other condition authorized by rule 6.02 of the
rules of criminal procedure.
Subd. 3. [WRITTEN ORDER.] 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.
Subd. 4. [NO CONTACT ORDER.] If the judge imposes as a
condition of release a requirement that the person have no
contact with the victim of the alleged crime, 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.
Sec. 44. [4A.06] [FIREARMS REPORT REQUIRED.]
The criminal justice statistical analysis center of the
office of strategic and long-range planning shall report to the
legislature no later than January 31 of each year on the number
of persons arrested, charged, convicted, and sentenced for
violations of each state law affecting the use or possession of
firearms. The report must include complete statistics,
including the make, model, and serial number of each firearm
involved, where that information is available, on each crime
committed affecting the use or possession of firearms and a
breakdown by county of the crimes committed.
Sec. 45. [SENTENCING GUIDELINES MODIFICATION.]
The sentencing guidelines commission shall consider
increasing the severity level ranking of the crime of theft of a
firearm. If the commission modifies the ranking, the commission
shall apply the modification to crimes committed on or after
August 1, 1994.
Sec. 46. [REPEALER.]
Minnesota Statutes 1993 Supplement, section 624.7132,
subdivision 7, is repealed.
Sec. 47. [EFFECTIVE DATE.]
Sections 1, 4, 8, 44, and 45 are effective July 1, 1994.
Sections 2, 3, 5 to 7, 9 to 11, 17 to 43, and 46 are effective
August 1, 1994, and apply to crimes committed on or after that
date. Sections 12 to 16 are effective August 1, 1994, and apply
to seizures occurring on or after that date.
ARTICLE 4
LAW ENFORCEMENT
Section 1. Minnesota Statutes 1992, section 13.32, is
amended by adding a subdivision to read:
Subd. 7. [USES OF DATA.] School officials who receive data
on juveniles, as authorized under section 260.161, may use and
share that data within the school district or educational entity
as necessary to protect persons and property or to address the
educational and other needs of students.
Sec. 2. Minnesota Statutes 1993 Supplement, section 13.46,
subdivision 2, is amended to read:
Subd. 2. [GENERAL.] (a) Unless the data is summary data or
a statute specifically provides a different classification, data
on individuals collected, maintained, used, or disseminated by
the welfare system is private data on individuals, and shall not
be disclosed except:
(1) pursuant to section 13.05;
(2) pursuant to court order;
(3) pursuant to a statute specifically authorizing access
to the private data;
(4) to an agent of the welfare system, including a law
enforcement person, attorney, or investigator acting for it in
the investigation or prosecution of a criminal or civil
proceeding relating to the administration of a program;
(5) to personnel of the welfare system who require the data
to determine eligibility, amount of assistance, and the need to
provide services of additional programs to the individual;
(6) to administer federal funds or programs;
(7) between personnel of the welfare system working in the
same program;
(8) the amounts of cash public assistance and relief paid
to welfare recipients in this state, including their names and
social security numbers, upon request by the department of
revenue to administer the property tax refund law, supplemental
housing allowance, and the income tax;
(9) to the Minnesota department of jobs and training for
the purpose of monitoring the eligibility of the data subject
for unemployment compensation, for any employment or training
program administered, supervised, or certified by that agency,
or for the purpose of administering any rehabilitation program,
whether alone or in conjunction with the welfare system, and to
verify receipt of energy assistance for the telephone assistance
plan;
(10) to appropriate parties in connection with an emergency
if knowledge of the information is necessary to protect the
health or safety of the individual or other individuals or
persons;
(11) data maintained by residential facilities as defined
in section 245A.02 may be disclosed to the protection and
advocacy system established in this state pursuant to Part C of
Public Law Number 98-527 to protect the legal and human rights
of persons with mental retardation or other related conditions
who live in residential facilities for these persons if the
protection and advocacy system receives a complaint by or on
behalf of that person and the person does not have a legal
guardian or the state or a designee of the state is the legal
guardian of the person;
(12) to the county medical examiner or the county coroner
for identifying or locating relatives or friends of a deceased
person;
(13) data on a child support obligor who makes payments to
the public agency may be disclosed to the higher education
coordinating board to the extent necessary to determine
eligibility under section 136A.121, subdivision 2, clause (5);
(14) participant social security numbers and names
collected by the telephone assistance program may be disclosed
to the department of revenue to conduct an electronic data match
with the property tax refund database to determine eligibility
under section 237.70, subdivision 4a;
(15) the current address of a recipient of aid to families
with dependent children, medical assistance, general assistance,
work readiness, or general assistance medical care may be
disclosed to law enforcement officers who provide the name and
social security number of the recipient and satisfactorily
demonstrate that: (i) the recipient is a fugitive felon,
including the grounds for this determination; (ii) the location
or apprehension of the felon is within the law enforcement
officer's official duties; and (iii) the request is made in
writing and in the proper exercise of those duties; or
(16) the current address of a recipient of general
assistance, work readiness, or general assistance medical care
may be disclosed to probation officers and corrections agents
who are supervising the recipient, and to law enforcement
officers who are investigating the recipient in connection with
a felony level offense; or
(17) information obtained from food stamp applicant or
recipient households may be disclosed to local, state, or
federal law enforcement officials, upon their written request,
for the purpose of investigating an alleged violation of the
food stamp act, in accordance with Code of Federal Regulations,
title 7, section 272.1(c).
(b) Information on persons who have been treated for drug
or alcohol abuse may only be disclosed in accordance with the
requirements of Code of Federal Regulations, title 42, sections
2.1 to 2.67.
(c) Data provided to law enforcement agencies under
paragraph (a), clause (15) or, (16);, or (17), or
paragraph (b) are investigative data and are confidential or
protected nonpublic while the investigation is active. The data
are private after the investigation becomes inactive under
section 13.82, subdivision 5, paragraph (a) or (b).
(d) Mental health data shall be treated as provided in
subdivisions 7, 8, and 9, but is not subject to the access
provisions of subdivision 10, paragraph (b).
Sec. 3. Minnesota Statutes 1993 Supplement, section 13.82,
subdivision 10, is amended to read:
Subd. 10. [PROTECTION OF IDENTITIES.] A law enforcement
agency or a law enforcement dispatching agency working under
direction of a law enforcement agency may withhold public access
to data on individuals to protect the identity of individuals in
the following circumstances:
(a) when access to the data would reveal the identity of an
undercover law enforcement officer;
(b) when access to the data would reveal the identity of a
victim of criminal sexual conduct or of a violation of section
617.246, subdivision 2;
(c) when access to the data would reveal the identity of a
paid or unpaid informant being used by the agency if the agency
reasonably determines that revealing the identity of the
informant would threaten the personal safety of the informant;
(d) when access to the data would reveal the identity of a
victim of or witness to a crime if the victim or witness
specifically requests not to be identified publicly, and the
agency reasonably determines that revealing the identity of the
victim or witness would threaten the personal safety or property
of the individual;
(e) when access to the data would reveal the identity of a
deceased person whose body was unlawfully removed from a
cemetery in which it was interred; or
(f) when access to the data would reveal the identity of a
person who placed a call to a 911 system or the identity or
telephone number of a service subscriber whose phone is used to
place a call to the 911 system and: (1) the agency determines
that revealing the identity may threaten the personal safety or
property of any person; or (2) the object of the call is to
receive help in a mental health emergency. For the purposes of
this paragraph, a voice recording of a call placed to the 911
system is deemed to reveal the identity of the caller; or
(g) when access to the data would reveal the identity of a
juvenile witness and the agency reasonably determines that the
subject matter of the investigation justifies protecting the
identity of the witness.
Data concerning individuals whose identities are protected
by this subdivision are private data about those individuals.
Law enforcement agencies shall establish procedures to acquire
the data and make the decisions necessary to protect the
identity of individuals described in clause clauses (d) and (g).
Sec. 4. Minnesota Statutes 1992, section 13.99,
subdivision 79, is amended to read:
Subd. 79. [PEACE OFFICERS, COURT SERVICES, AND CORRECTIONS
RECORDS OF JUVENILES.] Inspection and maintenance of juvenile
records held by police and the commissioner of corrections are
governed by section 260.161, subdivision 3. Disclosure to
school officials of court services data on juveniles adjudicated
delinquent is governed by section 260.161, subdivision 1b.
Sec. 5. Minnesota Statutes 1993 Supplement, section
243.166, subdivision 1, is amended to read:
Subdivision 1. [REGISTRATION REQUIRED.] A person shall
register under this section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for 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. 6. Minnesota Statutes 1993 Supplement, section
243.166, subdivision 2, is amended to read:
Subd. 2. [NOTICE.] When a person who is required to
register under this section is sentenced, the court shall tell
the person of the duty to register under this section. The
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. If a person required to register under this
section was not notified by the court of the registration
requirement at the time of sentencing, the assigned corrections
agent shall notify the person of the requirements of this
section.
Sec. 7. Minnesota Statutes 1992, section 243.166,
subdivision 5, is amended to read:
Subd. 5. [CRIMINAL PENALTY.] A person required to register
under this section who violates any of its provisions or
intentionally provides false information to a corrections agent
is guilty of a gross misdemeanor. A violation of this section
may be prosecuted either where the person resides or where the
person was last assigned to a Minnesota corrections agent.
Sec. 8. Minnesota Statutes 1993 Supplement, section
243.166, subdivision 9, is amended to read:
Subd. 9. [PRISONERS OFFENDERS FROM OTHER STATES.] When the
state accepts a prisoner an offender from another state under a
reciprocal agreement under the interstate compact authorized by
section 243.16 or under any authorized interstate agreement, 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. 9. Minnesota Statutes 1992, section 260.132, is
amended by adding a subdivision to read:
Subd. 4. [TRUANT.] When a peace officer or probation
officer has probable cause to believe that a child is currently
under age 16 and absent from school without lawful excuse, the
officer may transport the child to the child's home and deliver
the child to the custody of the child's parent or guardian,
transport the child to the child's school of enrollment and
deliver the child to the custody of a school superintendent or
teacher or transport the child to a truancy service center. For
purposes of this subdivision, a truancy service center is a
facility that receives truant students from peace officers or
probation officers and takes appropriate action including one or
more of the following:
(1) assessing the truant's attendance situation;
(2) assisting in coordinating intervention efforts where
appropriate;
(3) contacting the parents or legal guardian of the truant
and releasing the truant to the custody of the parent or
guardian; and
(4) facilitating the truant's earliest possible return to
school.
Sec. 10. Minnesota Statutes 1992, section 260.161, is
amended by adding a subdivision to read:
Subd. 1b. [DISPOSITION ORDER; COPY TO SCHOOL.] (a) If a
juvenile is enrolled in school, the juvenile's probation officer
shall transmit a copy of the court's disposition order to the
principal or chief administrative officer of the juvenile's
school if the juvenile has been adjudicated delinquent for
committing an act on the school's property or an act:
(1) that would be a violation of section 609.185
(first-degree murder); 609.19 (second-degree murder); 609.195
(third-degree murder); 609.20 (first-degree manslaughter);
609.205 (second-degree manslaughter); 609.21 (criminal vehicular
homicide and injury); 609.221 (first-degree assault); 609.222
(second-degree assault); 609.223 (third-degree assault);
609.2231 (fourth-degree assault); 609.224 (fifth-degree
assault); 609.24 (simple robbery); 609.245 (aggravated robbery);
609.25 (kidnapping); 609.255 (false imprisonment); 609.342
(first-degree criminal sexual conduct); 609.343 (second-degree
criminal sexual conduct); 609.344 (third-degree criminal sexual
conduct); 609.345 (fourth-degree criminal sexual conduct);
609.3451 (fifth-degree criminal sexual conduct); 609.498
(tampering with a witness); 609.561 (first-degree arson);
609.582, subdivision 1 or 2 (burglary); 609.713 (terroristic
threats); or 609.749 (harassment and stalking), if committed by
an adult;
(2) that would be a violation of section 152.021
(first-degree controlled substance crime); 152.022
(second-degree controlled substance crime); 152.023
(third-degree controlled substance crime); 152.024
(fourth-degree controlled substance crime); 152.025
(fifth-degree controlled substance crime); 152.0261 (importing a
controlled substance); or 152.027 (other controlled substance
offenses), if committed by an adult; or
(3) that involved the possession or use of a dangerous
weapon as defined in section 609.02, subdivision 6.
When a disposition order is transmitted under this
paragraph, the probation officer shall notify the juvenile's
parent or legal guardian that the disposition order has been
shared with the juvenile's school.
(b) The disposition order must be accompanied by a notice
to the school that the school may obtain additional information
from the juvenile's probation officer with the consent of the
juvenile or the juvenile's parents, as applicable. The
disposition order must be maintained in the student's permanent
education record but may not be released outside of the school
district or educational entity, other than to another school
district or educational entity to which the juvenile is
transferring. Notwithstanding section 138.17, the disposition
order must be destroyed when the juvenile graduates from the
school or at the end of the academic year when the juvenile
reaches age 23, whichever date is earlier.
(c) The juvenile's probation officer shall maintain a
record of disposition orders released under this subdivision and
the basis for the release.
(d) The criminal and juvenile justice information policy
group, in consultation with representatives of probation
officers and educators, shall prepare standard forms for use by
juvenile probation officers in forwarding information to schools
under this subdivision and in maintaining a record of the
information that is released.
(e) As used in this subdivision, "school" means a public or
private elementary, middle, or secondary school.
Sec. 11. Minnesota Statutes 1992, section 260.161,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC INSPECTION LIMITATIONS.] Except as
otherwise provided in this subdivision and in subdivision
1 section, and except for legal records arising from proceedings
that are public under section 260.155, subdivision 1, none of
the records of the juvenile court and none of the records
relating to an appeal from a nonpublic juvenile court
proceeding, except the written appellate opinion, shall be open
to public inspection or their contents disclosed except (a) by
order of a court or (b) as required by sections 245A.04,
611A.03, 611A.04, 611A.06, and 629.73. The records of juvenile
probation officers and county home schools are records of the
court for the purposes of this subdivision. Court services data
relating to delinquent acts that are contained in records of the
juvenile court may be released as allowed under section 13.84,
subdivision 5a. This subdivision applies to all proceedings
under this chapter, including appeals from orders of the
juvenile court, except that this subdivision does not apply to
proceedings under section 260.255, 260.261, or 260.315 when the
proceeding involves an adult defendant. The court shall
maintain the confidentiality of adoption files and records in
accordance with the provisions of laws relating to adoptions.
In juvenile court proceedings any report or social history
furnished to the court shall be open to inspection by the
attorneys of record and the guardian ad litem a reasonable time
before it is used in connection with any proceeding before the
court.
When a judge of a juvenile court, or duly authorized agent
of the court, determines under a proceeding under this chapter
that a child has violated a state or local law, ordinance, or
regulation pertaining to the operation of a motor vehicle on
streets and highways, except parking violations, the judge or
agent shall immediately report the violation to the commissioner
of public safety. The report must be made on a form provided by
the department of public safety and must contain the information
required under section 169.95.
Sec. 12. Minnesota Statutes 1993 Supplement, section
260.161, subdivision 3, is amended to read:
Subd. 3. [PEACE OFFICER RECORDS OF CHILDREN.] (a) Except
for records relating to an offense where proceedings are public
under section 260.155, subdivision 1, peace officers' records of
children who are or may be delinquent or who may be engaged in
criminal acts shall be kept separate from records of persons 18
years of age or older and are private data but shall be
disseminated: (1) by order of the juvenile court, (2) as
required by section 126.036, (3) as authorized under section
13.82, subdivision 2, (4) to the child or the child's parent or
guardian unless disclosure of a record would interfere with an
ongoing investigation, or (5) as otherwise provided in paragraph
(d) this subdivision. Except as provided in paragraph (c), no
photographs of a child taken into custody may be taken without
the consent of the juvenile court unless the child is alleged to
have violated section 169.121 or 169.129. Peace officers'
records containing data about children who are victims of crimes
or witnesses to crimes must be administered consistent with
section 13.82, subdivisions 2, 3, 4, and 10. Any person
violating any of the provisions of this subdivision shall be
guilty of a misdemeanor.
In the case of computerized records maintained about
juveniles by peace officers, the requirement of this subdivision
that records about juveniles must be kept separate from adult
records does not mean that a law enforcement agency must keep
its records concerning juveniles on a separate computer system.
Law enforcement agencies may keep juvenile records on the same
computer as adult records and may use a common index to access
both juvenile and adult records so long as the agency has in
place procedures that keep juvenile records in a separate place
in computer storage and that comply with the special data
retention and other requirements associated with protecting data
on juveniles.
(b) Nothing in this subdivision prohibits the exchange of
information by law enforcement agencies if the exchanged
information is pertinent and necessary to the requesting agency
in initiating, furthering, or completing a criminal
investigation.
(c) A photograph may be taken of a child taken into custody
pursuant to section 260.165, subdivision 1, clause (b), provided
that the photograph must be destroyed when the child reaches the
age of 19 years. The commissioner of corrections may photograph
juveniles whose legal custody is transferred to the
commissioner. Photographs of juveniles authorized by this
paragraph may be used only for institution management purposes,
case supervision by parole agents, and to assist law enforcement
agencies to apprehend juvenile offenders. The commissioner
shall maintain photographs of juveniles in the same manner as
juvenile court records and names under this section.
(d) Traffic investigation reports are open to inspection by
a person who has sustained physical harm or economic loss as a
result of the traffic accident. Identifying information on
juveniles who are parties to traffic accidents may be disclosed
as authorized under section 13.82, subdivision 4, and accident
reports required under section 169.09 may be released under
section 169.09, subdivision 13, unless the information would
identify a juvenile who was taken into custody or who is
suspected of committing an offense that would be a crime if
committed by an adult, or would associate a juvenile with the
offense, and the offense is not a minor traffic offense under
section 260.193.
(e) A law enforcement agency shall notify the principal or
chief administrative officer of a juvenile's school of an
incident occurring within the agency's jurisdiction if:
(1) the agency has probable cause to believe that the
juvenile has committed an offense that would be a crime if
committed as an adult, that the victim of the offense is a
student or staff member of the school, and that notice to the
school is reasonably necessary for the protection of the victim;
or
(2) the agency has probable cause to believe that the
juvenile has committed an offense described in subdivision 1b,
paragraph (a), clauses (1) to (3), that would be a crime if
committed by an adult.
A law enforcement agency is not required to notify the
school under this paragraph if the agency determines that notice
would jeopardize an ongoing investigation. Notwithstanding
section 138.17, data from a notice received from a law
enforcement agency under this paragraph must be destroyed when
the juvenile graduates from the school or at the end of the
academic year when the juvenile reaches age 23, whichever date
is earlier. For purposes of this paragraph, "school" means a
public or private elementary, middle, or secondary school.
(f) In any county in which the county attorney operates or
authorizes the operation of a juvenile prepetition or pretrial
diversion program, a law enforcement agency or county attorney's
office may provide the juvenile diversion program with data
concerning a juvenile who is a participant in or is being
considered for participation in the program.
(g) Upon request of a local social service agency, peace
officer records of children who are or may be delinquent or who
may be engaged in criminal acts may be disseminated to the
agency to promote the best interests of the subject of the data.
Sec. 13. Minnesota Statutes 1992, section 260.161, is
amended by adding a subdivision to read:
Subd. 5. [FURTHER RELEASE OF RECORDS.] A person who
receives access to juvenile court or peace officer records of
children that are not accessible to the public may not release
or disclose the records to any other person except as authorized
by law. This subdivision does not apply to the child who is the
subject of the records or the child's parent or guardian.
Sec. 14. Minnesota Statutes 1992, section 260.165,
subdivision 1, is amended to read:
Subdivision 1. No child may be taken into immediate
custody except:
(a) With an order issued by the court in accordance with
the provisions of section 260.135, subdivision 5, or by a
warrant issued in accordance with the provisions of section
260.145; or
(b) In accordance with the laws relating to arrests; or
(c) By a peace officer
(1) when a child has run away from a parent, guardian, or
custodian, or when the peace officer reasonably believes the
child has run away from a parent, guardian, or custodian; or
(2) when a child is found in surroundings or conditions
which endanger the child's health or welfare or which such peace
officer reasonably believes will endanger the child's health or
welfare. If an Indian child is a resident of a reservation or
is domiciled on a reservation but temporarily located off the
reservation, the taking of the child into custody under this
clause shall be consistent with the Indian Child Welfare Act of
1978, United States Code, title 25, section 1922; or
(d) By a peace officer or probation or parole officer when
it is reasonably believed that the child has violated the terms
of probation, parole, or other field supervision; or
(e) By a peace officer or probation officer under section
260.132, subdivision 4.
Sec. 15. Minnesota Statutes 1992, section 299A.34,
subdivision 1, is amended to read:
Subdivision 1. [GRANT PROGRAMS.] (a) The commissioner
shall develop grant programs to:
(1) assist law enforcement agencies in purchasing
equipment, provide undercover buy money, and pay other
nonpersonnel costs; and
(2) assist community and neighborhood organizations in
efforts to prevent or reduce criminal activities in their areas,
particularly activities involving youth and the use and sale of
drugs; and
(3) assist law enforcement agencies in efforts to target
and apprehend violent habitual criminals.
(b) The commissioner shall prescribe criteria for
eligibility and the award of grants and reporting requirements
for recipients.
Sec. 16. Minnesota Statutes 1992, section 299A.38,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY REQUIREMENTS.] (a) Only vests that
either meet or exceed the requirements of standard 0101.01
0101.03 of the National Institute of Justice in effect on
December 30, 1986, or that meet or exceed the requirements of
that standard, except wet armor conditioning, are eligible for
reimbursement.
(b) Eligibility for reimbursement is limited to vests
bought after December 31, 1986, by or for peace officers (1) who
did not own a vest meeting the requirements of paragraph (a)
before the purchase, or (2) who owned a vest that was at least
six years old.
Sec. 17. Minnesota Statutes 1992, section 299C.065, as
amended by Laws 1993, chapter 326, article 12, section 6, is
amended to read:
299C.065 [UNDERCOVER BUY FUND; WITNESS ASSISTANCE SERVICES
AND VICTIM PROTECTION.]
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,
except that the commissioner may not reimburse the costs of a
local investigation involving a child who is reported to be
missing and endangered unless the law enforcement agency
complies with section 299C.53 and the agency's own investigative
policy.
Subd. 1a. [WITNESS AND VICTIM PROTECTION FUND.] A witness
and victim protection fund is created under the administration
of the commissioner of public safety. The commissioner may make
grants to local officials to provide for the relocation or other
protection of a victim, witness, or potential witness who is
involved in a criminal prosecution and who the commissioner has
reason to believe is or is likely to be the target of a violent
crime or a violation of section 609.498 or 609.713, in
connection with that prosecution. The commissioner may award
grants for any of the following actions in connection with the
protection of a witness or victim under this subdivision:
(1) to provide suitable documents to enable the person to
establish a new identity or otherwise protect the person;
(2) to provide housing for the person;
(3) to provide for the transportation of household
furniture and other personal property to the person's new
residence;
(4) to provide the person with a payment to meet basic
living expenses for a time period the commissioner deems
necessary;
(5) to assist the person in obtaining employment; and
(6) to provide other services necessary to assist the
person in becoming self-sustaining.
Subd. 2. [APPLICATION FOR GRANT.] A county sheriff or the
chief administrative officer of a municipal police department
may apply to the commissioner of public safety for a grant for
any of the purposes described in subdivision 1, or 1a, on forms
and pursuant to procedures developed by the superintendent. For
grants under subdivision 1, the application shall describe the
type of intended criminal investigation, an estimate of the
amount of money required, and any other information the
superintendent deems necessary.
Subd. 3. [INVESTIGATION REPORT.] A report shall be made to
the commissioner at the conclusion of an investigation pursuant
to this section for which a grant was made under subdivision 1
stating: (1) the number of persons arrested, (2) the nature of
charges filed against them, (3) the nature and value of
controlled substances or contraband purchased or seized, (4) the
amount of money paid to informants during the investigation, and
(5) a separate accounting of the amount of money spent for
expenses, other than "buy money", of bureau and local law
enforcement personnel during the investigation. The
commissioner shall prepare and submit to the legislature chairs
of the committees in the senate and house of representatives
with jurisdiction over criminal justice policy by January 1 of
each year a report of investigations pursuant to this section
receiving grants under subdivision 1.
Subd. 3a. [ACCOUNTING REPORT.] The head of a law
enforcement agency that receives a grant under this section for
witness assistance services subdivision 1a shall file a report
with the commissioner at the conclusion of the case detailing
the specific purposes for which the money was spent. The
commissioner shall prepare and submit to the legislature chairs
of the committees in the senate and house of representatives
with jurisdiction over criminal justice policy by January 1 of
each year a summary report of witness assistance services
provided under this section.
Subd. 4. [DATA CLASSIFICATION.] An application to the
commissioner for money is a confidential record. Information
within investigative files that identifies or could reasonably
be used to ascertain the identity of assisted witnesses,
sources, or undercover investigators is a confidential record.
A report at the conclusion of an investigation is a public
record, except that information in a report pertaining to the
identity or location of an assisted witness is private data.
Sec. 18. [299C.066] [CRIME INFORMATION REWARD FUND.]
Subdivision 1. [FUND.] A crime information reward fund is
created as an account in the state treasury. Money appropriated
to the account is available to pay rewards as directed by the
commissioner of public safety, in consultation with the attorney
general, under this section. The attorney general shall appoint
an advisory group, in consultation with the commissioner, of
five members to assist in implementation of this section.
Subd. 2. [REWARDS.] The commissioner is authorized to pay
a reward to any person who, in response to a reward offer,
provides information leading to the arrest and conviction of a
criminal offender. The commissioner shall establish criteria
for determining the amount of the reward and the duration of the
reward offer. In no event shall a reward exceed $10,000 or a
reward offer remain open longer than ten days. The commissioner
shall select the criminal investigations for which rewards are
offered based on recommendations made by the advisory group
members or by the law enforcement agency or agencies conducting
the criminal investigation.
Sec. 19. Minnesota Statutes 1993 Supplement, section
299C.10, subdivision 1, is amended to read:
Subdivision 1. [LAW ENFORCEMENT DUTY.] It is hereby made
the duty of the sheriffs of the respective counties and of the
police officers in cities of the first, second, and third
classes, under the direction of the chiefs of police in such
cities, to take or cause to be taken immediately finger and
thumb prints, photographs, distinctive physical mark
identification data, and such other identification data as may
be requested or required by the superintendent of the bureau; of
all persons arrested for a felony, gross misdemeanor, of all
juveniles committing felonies as distinguished from those
committed by adult offenders, of all persons reasonably believed
by the arresting officer to be fugitives from justice, of all
persons in whose possession, when arrested, are found concealed
firearms or other dangerous weapons, burglar tools or outfits,
high-power explosives, or articles, machines, or appliances
usable for an unlawful purpose and reasonably believed by the
arresting officer to be intended for such purposes, and within
24 hours thereafter to forward such fingerprint records and
other identification data on such forms and in such manner as
may be prescribed by the superintendent of the bureau of
criminal apprehension.
Sec. 20. Minnesota Statutes 1992, section 299C.11, is
amended to read:
299C.11 [INFORMATION FURNISHED BY SHERIFFS AND POLICE
CHIEFS.]
The sheriff of each county and the chief of police of each
city of the first, second, and third classes shall furnish the
bureau, upon such form as the superintendent shall prescribe,
with such finger and thumb prints, photographs, distinctive
physical mark identification data, and other identification data
as may be requested or required by the superintendent of the
bureau, which may be taken under the provisions of section
299C.10, of persons who shall be convicted of a felony, gross
misdemeanor, or who shall be found to have been convicted of a
felony or gross misdemeanor, within ten years next preceding
their arrest. Upon the determination of all pending criminal
actions or proceedings in favor of the arrested person, the
arrested person shall, upon demand, have all such finger and
thumb prints, photographs, distinctive physical mark
identification data, and other identification data, and all
copies and duplicates thereof, returned, provided it is not
established that the arrested person has been convicted of any
felony, either within or without the state, within the period of
ten years immediately preceding such determination.
For purposes of this section, "determination of all pending
criminal actions or proceedings in favor of the arrested person"
does not include the sealing of a criminal record pursuant to
section 152.18, subdivision 1, 242.31, or 609.168.
Sec. 21. [299C.115] [COUNTIES TO PROVIDE WARRANT
INFORMATION TO STATE CRIMINAL JUSTICE INFORMATION SYSTEM.]
By January 1, 1996, every county shall, in the manner
provided in either clause (1) or (2), make warrant information
available to other users of the Minnesota criminal justice
information system:
(1) the county shall enter the warrant information in the
warrant file of the Minnesota criminal justice information
system; or
(2) the county, at no charge to the state, shall make the
warrant information that is maintained in the county's computer
accessible by means of a single query to the Minnesota criminal
justice information system.
As used in this section, "warrant information" means
information on all outstanding felony, gross misdemeanor, and
misdemeanor warrants for adults and juveniles that are issued
within the county.
Sec. 22. Minnesota Statutes 1992, section 299C.14, is
amended to read:
299C.14 [OFFICERS OF PENAL INSTITUTIONS TO FURNISH BUREAU
WITH DATA RELATING TO RELEASED PRISONERS.]
It shall be the duty of the officials having charge of the
penal institutions of the state or the release of prisoners
therefrom to furnish to the bureau, as the superintendent may
require, finger and thumb prints, photographs, distinctive
physical mark identification data, other identification data,
modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal
institutions, together with the period of their service and the
time, terms, and conditions of their discharge.
Sec. 23. [299C.145] [DISTINCTIVE PHYSICAL MARK
IDENTIFICATION SYSTEM; ESTABLISHMENT AND OPERATION.]
Subdivision 1. [DEFINITION.] As used in this section and
in sections 299C.10, 299C.11, and 299C.14, "distinctive physical
mark identification data" means a photograph of a brand, scar,
or tattoo, and a description of the body location where the
distinctive physical mark appears.
Subd. 2. [SYSTEM ESTABLISHMENT.] The superintendent shall
establish and maintain a system within the bureau to enable law
enforcement agencies to submit and obtain distinctive physical
mark identification data on persons who are under investigation
for criminal activity. The system shall cross reference the
distinctive physical mark identification data with the name of
the individual from whose body the distinctive physical mark
identification data was obtained. The system also shall cross
reference distinctive physical mark identification data with the
names of individuals who have been identified as having a
similar or identical distinctive physical mark in the same body
location.
Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DISTINCTIVE
PHYSICAL MARK IDENTIFICATION DATA.] Only law enforcement
agencies may submit data to and obtain data from the distinctive
physical mark identification system.
Subd. 4. [RULES.] The bureau may adopt rules to provide
for the orderly collection, entry, and retrieval of data
contained in the distinctive physical mark identification system.
Sec. 24. Minnesota Statutes 1992, section 299C.52,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] As used in sections 299C.52
to 299C.56, the following terms have the meanings given them:
(a) "Child" means any person under the age of 18 years or
any person certified or known to be mentally incompetent;
(b) "CJIS" means Minnesota criminal justice information
system;
(c) "Missing" means the status of a child after a law
enforcement agency that has received a report of a missing child
has conducted a preliminary investigation and determined that
the child cannot be located; and
(d) "NCIC" means National Crime Information Center; and
(e) "Endangered" means that a law enforcement official has
received sufficient evidence that the child is with a person who
presents a threat of immediate physical injury to the child or
physical or sexual abuse of the child.
Sec. 25. Minnesota Statutes 1992, section 299C.53,
subdivision 1, is amended to read:
Subdivision 1. [INVESTIGATION AND ENTRY OF INFORMATION.]
Upon receiving a report of a child believed to be missing, a law
enforcement agency shall conduct a preliminary investigation to
determine whether the child is missing. If the child is
initially determined to be missing and endangered, the agency
shall immediately consult the Bureau of Criminal Apprehension
during the preliminary investigation, in recognition of the fact
that the first two hours are critical. If the child is
determined to be missing, the agency shall immediately enter
identifying and descriptive information about the child through
the CJIS into the NCIC computer. Law enforcement agencies
having direct access to the CJIS and the NCIC computer shall
enter and retrieve the data directly and shall cooperate in the
entry and retrieval of data on behalf of law enforcement
agencies which do not have direct access to the systems.
Sec. 26. Minnesota Statutes 1992, section 299C.53, is
amended by adding a subdivision to read:
Subd. 3. [MISSING AND ENDANGERED CHILDREN.] If the bureau
of criminal apprehension receives a report from a law
enforcement agency indicating that a child is missing and
endangered, the superintendent may assist the law enforcement
agency in conducting the preliminary investigation, offer
resources, and assist the agency in helping implement the
investigation policy with particular attention to the need for
immediate action.
Sec. 27. Minnesota Statutes 1992, section 299D.07, is
amended to read:
299D.07 [HELICOPTERS AND FIXED WING AIRCRAFT.]
The commissioner of public safety is hereby authorized to
retain, acquire, maintain and operate helicopters and fixed wing
aircraft for the purposes of the highway patrol and the Bureau
of Criminal Apprehension and to employ state patrol officer
pilots as required.
Sec. 28. Minnesota Statutes 1993 Supplement, section
480.30, is amended to read:
480.30 [JUDICIAL TRAINING ON DOMESTIC ABUSE, HARASSMENT,
AND STALKING.]
The supreme court's judicial education program must include
ongoing training for district court judges on child and
adolescent sexual abuse, domestic abuse, harassment, and
stalking laws, and related civil and criminal court issues. The
program must include information about the specific needs of
victims. The program must include education on the causes
of sexual abuse and 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 sexual abuse and domestic
abuse programs and policies within law enforcement agencies and
prosecuting authorities as well as the court system.
Sec. 29. Minnesota Statutes 1992, section 609.5315,
subdivision 3, is amended to read:
Subd. 3. [USE BY LAW ENFORCEMENT.] (a) Property kept under
this section may be used only in the performance of official
duties of the appropriate agency or prosecuting agency and may
not be used for any other purpose. If an appropriate agency
keeps a forfeited motor vehicle for official use, it shall make
reasonable efforts to ensure that the motor vehicle is available
for use and adaptation by the agency's officers who participate
in the drug abuse resistance education program.
(b) Proceeds from the sale of property kept under this
subdivision must be disbursed as provided in subdivision 5.
Sec. 30. Minnesota Statutes 1992, section 626.556,
subdivision 3a, is amended to read:
Subd. 3a. [REPORT OF DEPRIVATION OF PARENTAL RIGHTS OR
KIDNAPPING.] A person mandated to report under subdivision 3,
who knows or has reason to know of a violation of section 609.25
or 609.26, shall report the information to the local police
department or the county sheriff. Receipt by a local welfare
agency of a report or notification of a report of a violation of
section 609.25 or 609.26 shall not be construed to invoke the
duties of subdivision 10, 10a, or 10b.
Sec. 31. Minnesota Statutes 1992, section 626.76, is
amended to read:
626.76 [RULES AND REGULATIONS; AIDING OTHER OFFICERS;
EXCHANGE PROGRAMS.]
Subdivision 1. Any appointive or elective agency or office
of peace officers as defined in subdivision 3 may establish
rules or regulations and enter into agreements with other
agencies and offices for:
(1) assisting other peace officers in the line of their
duty and within the course of their employment; and
(2) exchanging the agency's peace officers with peace
officers of another agency or office on a temporary basis.
Additionally, the agency or office may establish rules and
regulations for assisting probation, parole, and supervised
release agents who are supervising probationers, parolees, or
supervised releasees in the geographic area within the agency's
or office's jurisdiction.
Subd. 2. (a) When a peace officer gives assistance to
another peace officer, or to a parole, probation, or supervised
release agent, within the scope of the rules or regulations of
the peace officer's appointive or elected agency or office, any
such assistance shall be within the line of duty and course of
employment of the officer rendering the assistance.
(b) When a peace officer acts on behalf of another agency
or office within the scope of an exchange agreement entered into
under subdivision 1, the officer's actions are within the
officer's line of duty and course of employment to the same
extent as if the officer had acted on behalf of the officer's
employing agency.
Subd. 3. For the purposes of this section the term, "peace
officer" means any member of a police department, state patrol,
game warden service, sheriff's office, or any other law
enforcement agency, the members of which have, by law, the power
of arrest.
Subd. 4. This section shall in no way be construed as
extending or enlarging the duties or authority of any peace
officer or any other law enforcement agent as defined in
subdivision 3 except as provided in this section.
Sec. 32. [626.8454] [MANUAL AND POLICY FOR INVESTIGATING
CASES INVOLVING CHILDREN WHO ARE MISSING AND ENDANGERED.]
Subdivision 1. [MANUAL.] By July 1, 1994, the
superintendent of the bureau of criminal apprehension shall
transmit to law enforcement agencies a training and procedures
manual on child abduction investigations.
Subd. 2. [MODEL INVESTIGATION POLICY.] By June 1, 1995,
the peace officer standards and training board shall develop a
model investigation policy for cases involving children who are
missing and endangered as defined in section 299C.52. The model
policy shall describe the procedures for the handling of cases
involving children who are missing and endangered. In
developing the policy, the board shall consult with
representatives of the bureau of criminal apprehension,
Minnesota police chiefs association, Minnesota sheriff's
association, Minnesota police and peace officers association,
Minnesota association of women police, Minnesota county
attorneys association, a nonprofit foundation formed to combat
child abuse, and two representatives of victims advocacy groups
selected by the commissioner of corrections. The manual on
child abduction investigation shall serve as a basis for
defining the specific actions to be taken during the early
investigation.
Subd. 3. [LOCAL POLICY.] By August 1, 1995, each chief of
police and sheriff shall establish and implement a written
policy governing the investigation of cases involving children
who are missing and endangered as defined in section 299C.52.
The policy shall be based on the model policy developed under
subdivision 2. The policy shall include specific actions to be
taken during the initial two-hour period.
Sec. 33. Minnesota Statutes 1992, section 626.846,
subdivision 6, is amended to read:
Subd. 6. A person seeking election or appointment to the
office of sheriff, or seeking appointment to the position of
chief law enforcement officer, as defined by the rules of the
board, after June 30, 1987, must be licensed or eligible to be
licensed as a peace officer. The person shall submit proof of
peace officer licensure or eligibility as part of the
application for office. A person elected or appointed to the
office of sheriff or the position of chief law enforcement
officer shall be licensed as a peace officer during the person's
term of office or employment.
Sec. 34. Minnesota Statutes 1993 Supplement, section
626.861, subdivision 4, is amended to read:
Subd. 4. [PEACE OFFICERS TRAINING ACCOUNT.] (a) Receipts
from penalty assessments must be credited to a peace officer
training account in the special revenue fund. The peace
officers standards and training board shall make the following
allocations from appropriated funds, net of operating expenses:
(1) for fiscal year 1994:
(i) at least 25 percent for reimbursement to board-approved
skills courses; and
(ii) at least 13.5 percent for the school of law
enforcement;
(2) for fiscal year 1995:
(i) at least 17 percent to the community college system for
one-time start-up costs associated with the transition to an
integrated academic program;
(ii) at least eight percent for reimbursement to
board-approved skills courses in the technical college system;
and
(iii) at least 13.5 percent for the school of law
enforcement.
The balance in each year may be used to pay each local unit
of government an amount in proportion to the number of licensed
peace officers and constables employed, at a rate to be
determined by the board. The disbursed amount must be used
exclusively for reimbursement of the cost of in-service training
required under this chapter and chapter 214.
(b) The board must not reduce allocations to law
enforcement agencies or higher education systems or institutions
to fund legal costs or other board operating expenses not
presented in the board's biennial legislative budget request.
(c) No school in Minnesota certified by the board shall
provide a nondegree professional peace officer education program
for any state agency or local law enforcement agency after
December 31, 1994, without affirmative legislative approval.
Sec. 35. Minnesota Statutes 1992, section 629.73, is
amended to read:
629.73 [NOTICE TO SEXUAL ASSAULT CRIME VICTIM REGARDING
RELEASE OF ARRESTED OR DETAINED PERSON.]
Subdivision 1. [ORAL NOTICE.] When a person arrested or a
juvenile detained for criminal sexual conduct or attempted
criminal sexual conduct a crime of violence or an attempted
crime of violence is about to be released from pretrial
detention, the agency having custody of the arrested or detained
person or its designee shall make a reasonable and good faith
effort before release to inform orally the victim or, if the
victim is incapacitated, the same or next of kin, or if the
victim is a minor, the victim's parent or guardian of the
following matters:
(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 or detained person and, where
applicable, the victim's right to be present at the court
appearance; and
(4) the location and telephone number of the area sexual
assault program as designated by the commissioner of corrections.
Subd. 2. [WRITTEN NOTICE.] As soon as practicable after
the arrested or detained person is released, the agency having
custody of the arrested or detained person or its designee must
personally deliver or mail to the alleged victim written notice
of the information contained in subdivision 1, clauses (2) and
(3).
Sec. 36. [BUREAU OF CRIMINAL APPREHENSION; REPORT TO
LEGISLATURE REQUIRED.]
The superintendent of the Bureau of Criminal Apprehension
shall conduct a study of the mandate in Minnesota Statutes,
sections 299C.10 and 299C.11, that local law enforcement
agencies take finger and thumb prints of persons arrested for
certain crimes and forward copies of the prints to the bureau
within 24 hours. The superintendent shall determine the extent
to which law enforcement agencies comply or fail to comply with
this law and shall analyze the reasons for lack of compliance
where it exists.
By January 15, 1995, the superintendent shall submit a
report to the chair of the house judiciary committee and the
chair of the senate crime prevention committee. The report
shall contain the superintendent's findings and shall make
recommendations for improving the accuracy, comprehensiveness,
and timeliness of finger and thumb print data collection within
the criminal justice system.
Sec. 37. [CRIMINAL ALERT NETWORK.]
Subdivision 1. [PLAN.] The commissioner of public safety,
in cooperation with the commissioner of administration, shall
develop a plan for an integrated criminal alert network to
facilitate the communication of crime prevention information by
electronic means among state agencies, law enforcement
officials, and the private sector. The plan shall identify ways
to disseminate data regarding the commission of crime, including
information on missing and endangered children. In addition,
the plan shall consider methods of reducing theft and other
crime by the use of electronic transmission of information. In
developing the plan, the commissioner shall consider the
efficacy of existing means of transmitting information about
crime and evaluate the following means of information transfer:
existing state computer networks, INTERNET, and fax machines,
including broadcast fax procedures.
Subd. 2. [REPORT.] The commissioner shall report to the
legislature by January 1, 1995, concerning the details of the
plan.
Sec. 38. [GANG RESISTANCE EDUCATION TRAINING; PILOT
PROGRAMS.]
Subdivision 1. [TRAINING PROGRAM.] The Bureau of Criminal
Apprehension shall develop a pilot program to train peace
officers to teach the gang resistance education training (GREAT)
curriculum in middle schools. The training program must be
approved by the commissioner of public safety.
Subd. 2. [GRANTS.] Law enforcement agencies and school
districts may apply to the commissioner of public safety for
grants to enable peace officers to undergo the training
described in subdivision 1. Grants may be used to cover the
cost of the training as well as reimbursement for actual,
reasonable travel and living expenses incurred in connection
with the training. The commissioner shall administer the
program, shall promote it throughout the state, and is
authorized to receive money from public and private sources for
use in carrying it out.
Subd. 3. [REPORTS.] The commissioner may require grant
recipients to account to the commissioner at reasonable time
intervals regarding the use of grants and the training and
programs provided.
Subd. 4. [EVALUATION.] The commissioners of public safety
and education shall evaluate the success of the gang resistance
education training pilot program and report conclusions and
recommendations to the chairs of the house judiciary and
education committees and the senate crime prevention and
education committees by February 1, 1995.
Sec. 39. [PRETRIAL SERVICES.]
The conference of chief judges shall consider including
within the pretrial services checklist:
(1) an evaluation of the proximity of the residences of the
alleged offender and the victim, including whether the victim
and defendant cohabitate or are close neighbors if the case
involves criminal sexual conduct or domestic violence; and
(2) an attempt to contact the victim or victim's family to
verify information on which the bail decision is based.
Sec. 40. [TRAINING FOR PROSECUTORS.]
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 deal with the
prosecution of bias-motivated crimes. The course may be
combined with other training conducted by the county attorneys
association or other groups.
Sec. 41. [REPEALER.]
Minnesota Statutes 1992, section 8.34, subdivision 2, is
repealed.
Sec. 42. [EFFECTIVE DATE.]
Sections 7 and 30 are effective August 1, 1994, and apply
to crimes committed on or after that date. Sections 32, 36, and
40 are effective the day following final enactment.
ARTICLE 5
EXPLOSIVES & BLASTING AGENTS
Section 1. Minnesota Statutes 1992, section 299F.72, is
amended by adding a subdivision to read:
Subd. 1a. [BLASTING AGENT.] "Blasting agent" means any
material or mixture (1) that consists of a fuel and oxidizer,
(2) that is intended for blasting, (3) that is not otherwise
classified as an explosive, (4) in which none of the ingredients
is classified as an explosive, and (5) when a finished product,
as mixed and packaged for use or shipment, that cannot be
detonated by means of a number eight test blasting cap when
unconfined. The term does not include flammable liquids or
flammable gases.
Sec. 2. Minnesota Statutes 1992, section 299F.72, is
amended by adding a subdivision to read:
Subd. 1b. [CRIME OF VIOLENCE.] "Crime of violence" has the
meaning given in section 624.712, subdivision 5, and also
includes a domestic assault conviction when committed within the
last three years or while an order for protection is active
against the person, whichever period is longer.
Sec. 3. Minnesota Statutes 1992, section 299F.72,
subdivision 2, is amended to read:
Subd. 2. [EXPLOSIVE.] "Explosive" means any chemical
compound or, mixture, or device, the primary or common purpose
of which is to function by explosion; that is, with
substantially instantaneous release of gas and heat; but shall,
unless the compound, mixture, or device is otherwise
specifically classified by the United States Department of
Transportation. The term does not mean or include the
components for handloading rifle, pistol, and shotgun
ammunition, and/or rifle, pistol and shotgun ammunition, black
powder, smokeless powder, primers, and fuses when used for
ammunition and components for antique or replica muzzleloading
rifles, pistols, muskets, shotguns, and cannons, or when
possessed or used for rifle, pistol, and shotgun ammunition, nor
does it include fireworks as defined in section 624.20, nor
shall it include any fertilizer product possessed, used or sold
solely for a legitimate agricultural, forestry, conservation, or
horticultural purpose.
Sec. 4. Minnesota Statutes 1992, section 299F.73, is
amended to read:
299F.73 [LICENSE REQUIRED.]
Subdivision 1. [MANUFACTURE, ASSEMBLY, OR STORAGE OF
EXPLOSIVES.] No person shall manufacture, assemble, warehouse or
store explosives or blasting agents for purposes of wholesale or
retail sale, or for any other purpose other than for ultimate
consumption without being licensed to do so by the commissioner
of public safety.
Subd. 2. [APPLICATION.] In order to obtain the license
herein required such person shall make application to the
commissioner of public safety. The application shall be on forms
provided by the commissioner of public safety and shall require
such information as the commissioner deems necessary including
but not limited to the name, address, age, experience and
knowledge of the applicant in the use, handling, and storage of
explosives and explosive devices or blasting agents, and whether
the applicant is a person to whom no such license may be issued
pursuant to section 299F.77. The commissioner of public safety
may refuse to issue a license to any person who does not have
sufficient knowledge of the use, handling, or storage of
explosives or blasting agents to protect the public safety. Any
person aggrieved by the denial of a license may request a
hearing before the commissioner of public safety. The
provisions of sections 14.57 to 14.69 shall apply to such
hearing and subsequent proceedings, if any.
Sec. 5. Minnesota Statutes 1992, section 299F.74, is
amended to read:
299F.74 [PERMIT REQUIRED FOR POSSESSION OR USE.]
No person shall possess explosives or blasting agents,
unless said person shall have obtained a valid license as
provided in section 299F.73, or unless said person shall have
obtained a valid permit for the use of explosives or blasting
agents as hereinafter provided. The transportation of an
explosive or blasting agent by a common carrier for hire shall
not be deemed to be possession of an explosive or blasting agent
for purposes of this section.
Sec. 6. Minnesota Statutes 1992, section 299F.75, is
amended to read:
299F.75 [PERMIT APPLICATION.]
Subdivision 1. [REQUIREMENT.] Any person desiring to
possess explosives or blasting agents, other than a person
licensed as provided in section 299F.73, shall make application
for a permit for the use of explosives or blasting agents to the
appropriate local sheriff or chief of police of a statutory or
home rule charter city of the first, second or third class, or
such other person as is designated by the commissioner of public
safety, on a standardized form provided by the commissioner of
public safety.
Subd. 2. [CONTENTS.] The application shall require the
applicant's name, address, purpose for acquiring explosives or
blasting agents, place of intended acquisition, quantity
required, place and time of intended use, place and means of
storage until such use and whether the applicant is a person to
whom no such permit may be issued pursuant to section
299F.77. Issuing authorities may request a certificate from the
applicant regarding the applicant's knowledge in the use,
handling, and storage of explosives and blasting agents, and may
refuse to issue a permit to any person who does not have
sufficient knowledge to protect the public safety. Any person
aggrieved by the denial of a permit may request a hearing before
the commissioner of public safety. The provisions of sections
14.57 to 14.69 shall apply to such hearings and subsequent
proceedings, if any.
Subd. 3. [NOTICE.] Prior to the storage or use of
explosives or blasting agents, the applicant shall notify the
appropriate local fire official and law enforcement agency.
Sec. 7. Minnesota Statutes 1992, section 299F.77, is
amended to read:
299F.77 [ISSUANCE TO CERTAIN PERSONS PROHIBITED.]
The following persons shall not be entitled to receive an
explosives license or permit:
(a) Any person who within the past five years has been
convicted of a felony or gross misdemeanor involving moral
turpitude, is on parole or probation therefor, or is currently
under indictment for any such crime a person under the age of 18
years;
(b) Any person with mental illness or mental retardation as
defined in section 253B.02 who has been confined or committed in
Minnesota or elsewhere for mental illness or mental retardation
to any hospital, mental institution or sanitarium, or who has
been certified by a medical doctor as being mentally ill or
mentally retarded, unless in possession of a certificate of a
medical doctor or psychiatrist licensed to practice in this
state, or other satisfactory proof, that the person no longer
has this disability a person who has been convicted in this
state or elsewhere of a crime of violence, as defined in section
299F.72, subdivision 1b, unless ten years have elapsed since the
person's civil rights have been restored 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 that would have been crimes of
violence if they had been committed in this state;
(c) Any person who is or has been hospitalized or committed
for treatment for the habitual use of a narcotic drug, as
defined in section 152.01, subdivision 10 or a controlled
substance, as defined in section 152.01, subdivision 4, or who
has been certified by a medical doctor as being addicted to
narcotic drugs or depressant or stimulant drugs, unless in
possession of a certificate of a medical doctor or psychiatrist
licensed to practice in this state, or other satisfactory proof,
that the person no longer has this disability 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) Any person who by reason of the habitual and excessive
use of intoxicating liquors is incapable of self-management or
management of personal affairs and who has been confined or
committed to any hospital, or treatment facility in this state
or elsewhere as a "chemically dependent person" as defined in
section 253B.02, or who has been certified by a medical doctor
as being addicted to alcohol, unless in possession of a
certificate of a medical doctor or psychiatrist licensed to
practice in this state, or other satisfactory proof, that the
person no longer has this disability 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, or 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; and
(e) Any person under the age of 18 years 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.
Sec. 8. Minnesota Statutes 1992, section 299F.78,
subdivision 1, is amended to read:
Subdivision 1. [REQUIREMENTS TO TRANSFER TRANSFERRING
EXPLOSIVES OR BLASTING AGENTS.] No person shall transfer
explosives or blasting agents to another unless the transferee
shall display to the transferor a copy of a valid license or use
permit and proper identification, and unless said transferee
shall present to the transferor a signed standardized form
provided by the commissioner of public safety, acknowledging
receipt of the quantity of explosives or blasting agents
transferred, the identifying numbers of the same explosives, or
if none, the identifying numbers of the primary container from
which the same explosives or blasting agents were distributed,
and the serial number of the use permit displayed, which receipt
shall be kept among the transferor's records until authorized to
dispose of it by the state fire marshal.
Sec. 9. [299F.785] [BLACK POWDER.]
No person shall manufacture, assemble, warehouse, or store
black powder for purposes of wholesale or retail sale without
being licensed to do so by the commissioner of public safety.
The license shall be as prescribed by section 299F.73,
subdivision 2. Persons who purchase more than five pounds of
black powder shall provide suitable identification to the
licensee and the licensee shall record the person's name and
date of birth, date of purchase, and amount purchased.
Additional information may be required by the commissioner. The
records maintained by the licensee must be open to the
inspection of any peace officer acting in the normal course of
duties. Persons shall notify the appropriate local fire
official before storing more than five pounds of black powder.
Sec. 10. Minnesota Statutes 1992, section 299F.79, is
amended to read:
299F.79 [UNAUTHORIZED POSSESSION WITH INTENT OF COMPONENTS;
PENALTY.]
Whoever possesses one or more of the components necessary
to manufacture or assemble explosives or blasting agents, with
the intent to manufacture or assemble explosives or blasting
agents, unless said person shall have a valid license or permit
as provided by sections 299F.73 and 299F.75, may be sentenced to
imprisonment for not more than five years or payment of a fine
of not more than $10,000, or both.
Sec. 11. Minnesota Statutes 1992, section 299F.80, is
amended to read:
299F.80 [UNAUTHORIZED POSSESSION OF EXPLOSIVES WITHOUT
PERMIT OR BLASTING AGENTS; PENALTY.]
Subdivision 1. [POSSESSION WITHOUT LICENSE OR PERMIT.]
Except as provided in subdivision 2, whoever possesses
explosives or blasting agents without a valid license or permit
may be sentenced to imprisonment for not more than five years or
payment of a fine of not more than $10,000, or both.
Subd. 2. [POSSESSION FOR LEGITIMATE PURPOSES; PENALTY.]
Whoever possesses dynamite or other explosives or blasting
agents commonly used for agricultural, forestry, conservation,
industry or mining purposes, without a valid license or permit,
with intent to use the same for legitimate agricultural,
forestry, conservation, industry or mining purposes, and in only
such quantities as are reasonably necessary for such intended
use, may be sentenced to imprisonment for not more than 90 days
or to a payment of a fine of not more than $300 $700, or both.
Sec. 12. Minnesota Statutes 1992, section 299F.82, is
amended to read:
299F.82 [ILLEGAL TRANSFER.]
Subdivision 1. [PENALTY.] Except as provided in
subdivision 2, whoever illegally transfers an explosive or
blasting agent to another may be sentenced to imprisonment for
not more than five years or payment of a fine of not more than
$10,000, or both.
Subd. 2. [PENALTY; LEGITIMATE PURPOSES.] Whoever illegally
transfers dynamite or other explosives or blasting agents
commonly used for agricultural, forestry, conservation, industry
or mining purposes to another, personally known to the
transferrer transferor, in the belief that the same shall be
used for legitimate agricultural, forestry, conservation,
industry or mining purposes, and in only such quantities as are
reasonably necessary for such believed use, may be sentenced to
imprisonment for not more than 90 days or to payment of a fine
of not more than $300 $700, or both.
Sec. 13. Minnesota Statutes 1992, section 299F.83, is
amended to read:
299F.83 [NEGLIGENT DISCHARGE.]
Whoever, acting with gross disregard for human life or
property, negligently causes an explosive, explosive device, or
incendiary device, or blasting agent to be discharged may be
sentenced to imprisonment for not more than ten years or payment
of a fine of not more than $20,000, or both.
Sec. 14. [299F.831] [HANDLING WHILE INFLUENCED BY ALCOHOL
OR DRUG.]
Subdivision 1. [PROHIBITION.] A person shall not handle or
use explosives or blasting agents while under the influence of
alcohol or controlled substances as defined by section 169.121,
subdivision 1.
Subd. 2. [PENALTY.] Whoever handles or uses an explosive
or blasting agent while under the influence of alcohol or a
controlled substance is guilty of a misdemeanor and may be
sentenced to imprisonment for not more than 90 days or payment
of a fine of not more than $700, or both.
Sec. 15. [609.668] [EXPLOSIVE AND INCENDIARY DEVICES.]
Subdivision 1. [DEFINITIONS.] For purposes of this
section, the following terms have the meanings given them.
(a) "Explosive device" means a device so articulated that
an ignition by fire, friction, concussion, chemical reaction, or
detonation of any part of the device may cause such sudden
generation of highly heated gases that the resultant gaseous
pressures are capable of producing destructive effects.
Explosive devices include, but are not limited to, bombs,
grenades, rockets having a propellant charge of more than four
ounces, mines, and fireworks modified for other than their
intended purpose. The term includes devices that produce a
chemical reaction that produces gas capable of bursting its
container and producing destructive effects. The term does not
include firearms ammunition.
(b) "Incendiary device" means a device so articulated that
an ignition by fire, friction, concussion, detonation, or other
method may produce destructive effects primarily through
combustion rather than explosion. The term does not include a
manufactured device or article in common use by the general
public that is designed to produce combustion for a lawful
purpose, including but not limited to matches, lighters, flares,
or devices commercially manufactured primarily for the purpose
of illumination, heating, or cooking. The term does not include
firearms ammunition.
(c) "Crime of violence" has the meaning given in section
624.712, subdivision 5, and also includes a domestic assault
conviction when committed within the last three years or while
an order for protection is active against the person, whichever
period is longer.
Subd. 2. [POSSESSION BY CERTAIN PERSONS PROHIBITED.] The
following persons are prohibited from possessing or reporting an
explosive device or incendiary device:
(a) a person under the age of 18 years;
(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's civil rights have been restored 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 that would have
been crimes of violence 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, or 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; and
(f) a peace officer who is informally admitted to a
treatment facility under 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.
A person who in good faith issues a certificate to a person
described in this subdivision to possess or use an incendiary or
explosive device is not liable for damages resulting or arising
from the actions or misconduct with an explosive or incendiary
device committed by the individual who is the subject of the
certificate.
Subd. 3. [USES PERMITTED.] (a) The following persons may
own or possess an explosive device or incendiary device provided
that subdivision 4 is complied with:
(1) law enforcement officers for use in the course of their
duties;
(2) fire department personnel for use in the course of
their duties;
(3) corrections officers and other personnel at
correctional facilities or institutions when used for the
retention of persons convicted or accused of crime;
(4) persons possessing explosive devices or incendiary
devices that although designed as devices have been determined
by the commissioner of public safety or the commissioner's
delegate, by reason of the date of manufacture, value, design,
or other characteristics, to be a collector's item, relic,
museum piece, or specifically used in a particular vocation or
employment, such as the entertainment industry; and
(5) dealers and manufacturers who are federally licensed or
registered.
(b) Persons listed in paragraph (a) shall also comply with
the federal requirements for the registration and licensing of
destructive devices.
Subd. 4. [REPORT REQUIRED.] (a) Before owning or
possessing an explosive device or incendiary device as
authorized by subdivision 3, a person shall file a written
report with the department of public safety showing the person's
name and address; the person's title, position, and type of
employment; a description of the explosive device or incendiary
device sufficient to enable identification of the device; the
purpose for which the device will be owned or possessed; the
federal license or registration number, if appropriate; and
other information as the department may require.
(b) Before owning or possessing an explosive device or
incendiary device, a dealer or manufacturer shall file a written
report with the department of public safety showing the name and
address of the dealer or manufacturer; the federal license or
registration number, if appropriate; the general type and
disposition of the device; and other information as the
department may require.
Subd. 5. [EXCEPTIONS.] This section does not apply to:
(1) members of the armed forces of either the United States
or the state of Minnesota when for use in the course of duties;
(2) educational institutions when the devices are
manufactured or used in conjunction with an official education
course or program;
(3) propellant-actuated devices, or propellant-actuated
industrial tools manufactured, imported, or distributed for
their intended purpose;
(4) items that are neither designed or redesigned for use
as explosive devices or incendiary devices;
(5) governmental organizations using explosive devices or
incendiary devices for agricultural purposes or control of
wildlife;
(6) governmental organizations using explosive devices or
incendiary devices for official training purposes or as items
retained as evidence; or
(7) arsenals, navy yards, depots, or other establishments
owned by, or operated by or on behalf of, the United States.
Subd. 6. [ACTS PROHIBITED; PENALTIES.] (a) Except as
otherwise provided in this section, whoever possesses,
manufactures, transports, or stores an explosive device or
incendiary device in violation of this section 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) Whoever legally possesses, manufactures, transports, or
stores an explosive device or incendiary device, with intent to
use the device to damage property or cause injury, 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.
(c) Whoever, acting with gross disregard for human life or
property, negligently causes an explosive device or incendiary
device to be discharged, may be sentenced to imprisonment for
not more than 20 years or to payment of a fine of not more than
$100,000, or both.
Subd. 7. [INITIAL REPORTING.] All persons have 60 days
from the effective date of this section to report explosive
devices and incendiary devices to the department of public
safety.
Sec. 16. Minnesota Statutes 1993 Supplement, 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; 609.668, subdivision 6, paragraph (a); 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. 17. Minnesota Statutes 1992, section 624.21, is
amended to read:
624.21 [SALE, POSSESSION, AND USE OF FIREWORKS PROHIBITED.]
Except as otherwise provided in sections 624.20 to 624.25,
it shall be unlawful for any person to offer for sale, expose
for sale, sell at retail or wholesale, possess, advertise, use,
or explode any fireworks. This section shall not be construed
to prohibit the possession, use, or explosion of fireworks by an
engineer licensed pursuant to sections 326.02 and 326.03 or a
person under the engineer's direct supervision when undertaking
acoustical testing; or sales at wholesale to those persons
holding valid permits for a fireworks display from a
governmental subdivision of the state; or sales outside the
state or sales to licensed professional engineers for acoustical
testing purposes only.
Sec. 18. [REPEALER.]
Minnesota Statutes 1992, sections 299F.71; 299F.72,
subdivisions 3 and 4; 299F.78, subdivision 2; and 299F.815,
subdivision 2; Minnesota Statutes 1993 Supplement, sections
299F.811; and 299F.815, subdivision 1, are repealed.
Sec. 19. [EFFECTIVE DATE.]
Sections 1 to 18 are effective August 1, 1994, and apply to
crimes committed on or after that date.
ARTICLE 6
CORRECTIONS
Section 1. Minnesota Statutes 1993 Supplement, section
241.021, subdivision 1, is amended to read:
Subdivision 1. [SUPERVISION OVER CORRECTIONAL
INSTITUTIONS.] (1) The commissioner of corrections shall inspect
and license all correctional facilities throughout the state,
whether public or private, established and operated for the
detention and confinement of persons detained or confined
therein according to law except to the extent that they are
inspected or licensed by other state regulating agencies. The
commissioner shall promulgate pursuant to chapter 14, rules
establishing minimum standards for these facilities with respect
to their management, operation, physical condition, and the
security, safety, health, treatment, and discipline of persons
detained or confined therein. Commencing September 1, 1980, no
individual, corporation, partnership, voluntary association, or
other private organization legally responsible for the operation
of a correctional facility may operate the facility unless
licensed by the commissioner of corrections. The commissioner
shall annually review the correctional facilities described in
this subdivision at least once every biennium, except as
otherwise provided herein, to determine compliance with the
minimum standards established pursuant to this subdivision. The
commissioner shall grant a license to any facility found to
conform to minimum standards or to any facility which, in the
commissioner's judgment, is making satisfactory progress toward
substantial conformity and the interests and well-being of the
persons detained or confined therein are protected. The
commissioner may grant licensure up to two years. The
commissioner shall have access to the buildings, grounds, books,
records, staff, and to persons detained or confined in these
facilities. The commissioner may require the officers in charge
of these facilities to furnish all information and statistics
the commissioner deems necessary, at a time and place designated
by the commissioner. The commissioner may require that any or
all such information be provided through the department of
corrections detention information system.
(2) Any state agency which regulates, inspects, or licenses
certain aspects of correctional facilities shall, insofar as is
possible, ensure that the minimum standards it requires are
substantially the same as those required by other state agencies
which regulate, inspect, or license the same aspects of similar
types of correctional facilities, although at different
correctional facilities.
(3) Nothing in this section shall be construed to limit the
commissioner of corrections' authority to promulgate rules
establishing standards of eligibility for counties to receive
funds under sections 401.01 to 401.16, or to require counties to
comply with operating standards the commissioner establishes as
a condition precedent for counties to receive that funding.
(4) When the commissioner finds that any facility described
in clause (1), except foster care facilities for delinquent
children and youth as provided in subdivision 2, does not
substantially conform to the minimum standards established by
the commissioner and is not making satisfactory progress toward
substantial conformance, the commissioner shall promptly notify
the chief executive officer and the governing board of the
facility of the deficiencies and order that they be remedied
within a reasonable period of time. The commissioner may by
written order restrict the use of any facility which does not
substantially conform to minimum standards to prohibit the
detention of any person therein for more than 72 hours at one
time. When, after due notice and hearing, the commissioner
finds that any facility described in this subdivision, except
county jails and lockups as provided in sections 641.26, 642.10,
and 642.11, does not conform to minimum standards, or is not
making satisfactory progress toward substantial compliance
therewith, the commissioner may issue an order revoking the
license of that facility. After revocation of its license, that
facility shall not be used until its license is renewed. When
the commissioner is satisfied that satisfactory progress towards
substantial compliance with minimum standard is being made, the
commissioner may, at the request of the appropriate officials of
the affected facility supported by a written schedule for
compliance, grant an extension of time for a period not to
exceed one year.
(5) As used in this subdivision, "correctional facility"
means any facility, including a group home, having a residential
component, the primary purpose of which is to serve persons
placed therein by a court, court services department, parole
authority, or other correctional agency having dispositional
power over persons charged with, convicted, or adjudicated to be
guilty or delinquent.
Sec. 2. Minnesota Statutes 1992, section 241.021,
subdivision 2, is amended to read:
Subd. 2. [FOSTER CARE FACILITIES FOR DELINQUENT CHILDREN
AND YOUTH; LICENSES; SUPERVISION.] Notwithstanding any
provisions in sections 256.01, subdivision 2, clause (2),
245A.03, and 245A.04, to the contrary, the commissioner of
corrections shall pass annually on the adequacy and suitability
of review all county, municipal or other publicly established
and operated facilities for the detention, care and training of
delinquent children and youth at least once every biennium, if
such facility conforms to reasonable standards established by
the commissioner or in the commissioner's judgment is making
satisfactory progress toward substantial conformity therewith,
and the commissioner is satisfied that the interests and
well-being of children and youth received therein are protected,
the commissioner shall grant a license to the county,
municipality or agency thereof operating such facility. This
license shall remain in force one year unless sooner
revoked. The commissioner may grant licensure up to two years.
Each such facility shall cooperate with the commissioner to make
available all facts regarding its operation and services as the
commissioner requires to determine its conformance to standards
and its competence to give the services needed and which
purports to give. Every such facility as herein described is
subject to visitation and supervision by the commissioner and
shall receive from the commissioner consultation as needed to
strengthen services to the children and youth received therein.
Sec. 3. Minnesota Statutes 1992, section 241.26,
subdivision 7, is amended to read:
Subd. 7. [PAYMENT OF BOARD AND ROOM.] The commissioner
shall determine the amount to be paid for board and room by such
work placement inmate. When special circumstances warrant or
for just and reasonable cause, the commissioner may waive the
payment by the inmate of board and room charges and report such
waivers to the commissioner of finance.
Where a work placement inmate is housed in a jail or
workhouse, such board and room revenue shall be paid over to
such city or county official as provided for in subdivision 2,
provided however, that when payment of board and room has been
waived, the commissioner shall make such payments from funds
appropriated for that purpose.
Sec. 4. [241.275] [PRODUCTIVE DAY INITIATIVE PROGRAMS;
CORRECTIONAL FACILITIES; HENNEPIN, RAMSEY, AND ST. LOUIS
COUNTIES.]
Subdivision 1. [PROGRAM ESTABLISHMENT.] The counties of
Hennepin, Ramsey, and St. Louis shall each establish a
productive day initiative program in their correctional
facilities as described in this section. The productive day
program shall be designed to motivate inmates in local
correctional facilities to develop basic life and work skills
through training and education, thereby creating opportunities
for inmates on release to achieve more successful integration
into the community.
Subd. 2. [PROGRAM COMPONENTS.] The productive day
initiative programs shall include components described in
paragraphs (a) to (c).
(a) The initiative programs shall contain programs designed
to promote the inmate's self-esteem, self-discipline, and
economic self-sufficiency by providing structured training and
education with respect to basic life skills, including hygiene,
personal financial budgeting, literacy, and conflict management.
(b) The programs shall contain individualized educational,
vocational, and work programs designed to productively occupy an
inmate for at least eight hours a day.
(c) The program administrators shall develop correctional
industry programs, including marketing efforts to attract work
opportunities both inside correctional facilities and outside in
the community. Program options may include expanding and
reorganizing on-site industry programs, locating off-site
industry work areas, and community service work programs. To
develop innovative work programs, program administrators may
enlist members of the business and labor community to help
target possible productive enterprises for inmate work programs.
(d) Whenever inmates are assigned to work within the
correctional facility or with any state department or agency,
local unit of government, or other government subdivision, the
program administrator must certify to the appropriate bargaining
agent that work performed by inmates will not result in the
displacement of current employed workers or workers on seasonal
layoff or layoff from a substantially equivalent position,
including partial displacement such as reduction in hours of
work other than overtime work, wages, or other employment
benefits.
Subd. 3. [ELIGIBILITY.] The administrators of each
productive day program shall develop criteria for inmate
eligibility for the program.
Subd. 4. [EVALUATION.] The administrators of each of the
productive day initiative programs shall develop program
evaluation tools to monitor the success of the programs.
Subd. 5. [REPORT.] Hennepin, Ramsey, and St. Louis
counties shall each report results of their evaluations to the
chairs of the house judiciary finance division and the senate
crime prevention finance division by July 1, 1996.
Sec. 5. Minnesota Statutes 1993 Supplement, section
242.51, is amended to read:
242.51 [THE MINNESOTA CORRECTIONAL FACILITY-SAUK CENTRE.]
There is established the Minnesota correctional
facility-Sauk Centre at Sauk Centre, Minnesota, in which may be
placed persons committed to the commissioner of corrections by
the courts of this state who, in the opinion of the
commissioner, may benefit from the programs available thereat.
The general control and management of the facility shall be
under the commissioner of corrections.
The commissioner shall charge counties or other appropriate
jurisdictions for the actual per diem cost of confinement of
juveniles at the Minnesota correctional facility-Sauk Centre.
The commissioner shall annually determine costs making
necessary adjustments to reflect the actual costs of
confinement. All money received under this section must be
deposited to the general fund.
Sec. 6. Minnesota Statutes 1992, section 243.05,
subdivision 1, is amended to read:
Subdivision 1. [CONDITIONAL RELEASE.] The commissioner of
corrections may parole any person sentenced to confinement in
any state correctional facility for adults under the control of
the commissioner of corrections, provided that:
(a) no inmate serving a life sentence for committing murder
before May 1, 1980, other than murder committed in violation of
clause (1) of section 609.185 who has not been previously
convicted of a felony shall be paroled without having served 20
years, less the diminution that would have been allowed for good
conduct had the sentence been for 20 years;
(b) no inmate serving a life sentence for committing murder
before May 1, 1980, who has been previously convicted of a
felony or though not previously convicted of a felony is serving
a life sentence for murder in the first degree committed in
violation of clause (1) of section 609.185 shall be paroled
without having served 25 years, less the diminution which would
have been allowed for good conduct had the sentence been for 25
years;
(c) any inmate sentenced prior to September 1, 1963, who
would be eligible for parole had the inmate been sentenced after
September 1, 1963, shall be eligible for parole; and
(d) any new rule or policy or change of rule or policy
adopted by the commissioner of corrections which has the effect
of postponing eligibility for parole has prospective effect only
and applies only with respect to persons committing offenses
after the effective date of the new rule or policy or change.
Upon being paroled and released, an inmate is and remains in the
legal custody and under the control of the commissioner, subject
at any time to be returned to a facility of the department of
corrections established by law for the confinement or treatment
of convicted persons and the parole rescinded by the
commissioner. The written order of the commissioner of
corrections, is sufficient authority for any peace officer or
state parole and probation agent to retake and place in actual
custody any person on parole or supervised release, but any
state parole and probation agent may, without order of warrant,
when it appears necessary in order to prevent escape or enforce
discipline, take and detain a parolee or person on supervised
release or work release to the commissioner for action. The
written order of the commissioner of corrections is sufficient
authority for any peace officer or state parole and probation
agent to retake and place in actual custody any person on
probation under the supervision of the commissioner pursuant to
section 609.135, but any state parole and probation agent may,
without an order, when it appears necessary in order to prevent
escape or enforce discipline, retake and detain a probationer
and bring the probationer before the court for further
proceedings under section 609.14. Persons conditionally
released, and those on probation under the supervision of the
commissioner of corrections pursuant to section 609.135 may be
placed within or outside the boundaries of the state at the
discretion of the commissioner of corrections or the court, and
the limits fixed for these persons may be enlarged or reduced
according to their conduct.
Except as otherwise provided in subdivision 1b, in
considering applications for conditional release or discharge,
the commissioner is not required to hear oral argument from any
attorney or other person not connected with an adult
correctional facility of the department of corrections in favor
of or against the parole or release of any inmates, but the
commissioner may institute inquiries by correspondence, taking
testimony or otherwise, as to the previous history, physical or
mental condition, and character of the inmate, and to that end
shall have authority to require the attendance of the chief
executive officer of any state adult correctional facility and
the production of the records of these facilities, and to compel
the attendance of witnesses. The commissioner is authorized to
administer oaths to witnesses for these purposes.
Sec. 7. Minnesota Statutes 1992, section 243.05, is
amended by adding a subdivision to read:
Subd. 1a. [DETENTION OF FELONS WHO FLEE PENDING
SENTENCING.] The commissioner of corrections shall assist law
enforcement agencies in locating and taking into custody any
person who has been convicted of a felony for which a prison
sentence is presumed under the sentencing guidelines and
applicable statutes, and who absconds pending sentencing in
violation of the conditions of release imposed by the court
under rule 27.01 of the Rules of Criminal Procedure. The
written order of the commissioner of corrections is sufficient
authority for any state parole and probation agent to take the
person into custody without a warrant and to take the person
before the court without further delay.
Sec. 8. Minnesota Statutes 1992, section 243.05, is
amended by adding a subdivision to read:
Subd. 1b. [VICTIM'S RIGHTS.] (a) This subdivision applies
to parole decisions relating to inmates convicted of first
degree murder who are described in subdivision 1, clauses (a)
and (b). As used in this subdivision, "victim" means the murder
victim's surviving spouse or next of kin.
(b) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's parole review hearing. The victim has a right to
submit an oral or written statement at the review hearing. The
statement may summarize the harm suffered by the victim as a
result of the crime and give the victim's recommendation on
whether the inmate should be paroled at that time. The
commissioner must consider the victim's statement when making
the parole decision.
Sec. 9. Minnesota Statutes 1992, section 243.18,
subdivision 1, is amended to read:
Subdivision 1. [GOOD TIME REDUCTION OF SENTENCE.] Every
inmate sentenced before May 1, 1980, for any term other than
life, confined in a state adult correctional facility or on
parole therefrom, may diminish the maximum term of sentence one
day for each two days during which the inmate has not violated
any facility rule or discipline.
The commissioner of corrections, in view of the aggravated
nature and frequency of offenses, may take away any or all of
the good time previously gained, and, in consideration of
mitigating circumstances or ignorance on the part of the inmate,
may afterwards restore the inmate, in whole or in part, to the
standing the inmate possessed before such good time was taken
away.
Sec. 10. Minnesota Statutes 1993 Supplement, section
243.18, subdivision 2, is amended to read:
Subd. 2. [SANCTION FOR FAILURE TO WORK REQUIRED; GOOD
TIME.] This subdivision applies only to inmates whose crimes
were committed before August 1, 1993. All inmates are required
to work. An inmate for whom a who fails to perform an available
work assignment is available may shall be sanctioned either by
not earn earning good time under subdivision 1 or by serving a
disciplinary confinement period, as appropriate, 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. 11. Minnesota Statutes 1992, section 243.23,
subdivision 2, is amended to read:
Subd. 2. The commissioner may promulgate rules requiring
the inmates of adult correctional facilities under the
commissioner's control to pay all or a part of the cost of their
board, room, clothing, medical, dental and other correctional
services. These costs are payable from any earnings of the
inmate, including earnings from private industry established at
state correctional facilities pursuant to section 243.88. All
sums of money received pursuant to the payments made for
correctional services as authorized in this subdivision are
available for use by the commissioner during the current and
subsequent fiscal year, and are appropriated to the commissioner
of corrections for the purposes of the fund from which the
earnings were paid.
Sec. 12. Minnesota Statutes 1992, section 243.24,
subdivision 1, is amended to read:
Subdivision 1. [SOLE BENEFIT OF INMATE.] Any money arising
under section 243.23 shall be and remain under the control of
the commissioner of corrections and shall be for the sole
benefit of the inmate, unless by special order of the
commissioner of corrections it shall be used as designated in
section 243.23, subdivision subdivisions 2 and 3, or for
rendering assistance to the inmate's family or dependent
relatives, under such rules as to time, manner, and amount of
disbursements as the commissioner of corrections may prescribe.
Unless ordered disbursed as hereinbefore prescribed or for an
urgency determined in each case by the chief executive officer
of the facility, a portion of such earnings in an amount to be
determined by the commissioner shall be set aside and kept by
the facility in the public welfare fund of the state for the
benefit of the inmate and for the purpose of assisting the
inmate when leaving the facility and if released on parole said
sum to be disbursed to the inmate in such amounts and at such
times as the commissioner of corrections may authorize and on
final discharge, if any portion remains undisbursed, it shall be
transmitted to the inmate.
Sec. 13. Minnesota Statutes 1993 Supplement, section
244.05, subdivision 5, is amended to read:
Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) 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),
(5), or (6); 609.346, subdivision 2a; or 609.385 after the
inmate has served the minimum term of imprisonment specified in
subdivision 4.
(b) The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate.
(c) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.
(d) As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.
Sec. 14. Minnesota Statutes 1992, section 244.09,
subdivision 11, is amended to read:
Subd. 11. [MODIFICATION.] The commission shall meet as
necessary for the purpose of modifying and improving the
guidelines. Any modification which amends the sentencing
guidelines grid, including severity levels and criminal history
scores, or which would result in the reduction of any sentence
or in the early release of any inmate, with the exception of a
modification mandated or authorized by the legislature or
relating to a crime created or amended by the legislature in the
preceding session, shall be submitted to the legislature by
January 1 of any year in which the commission wishes to make the
change and shall be effective on August 1 of that year, unless
the legislature by law provides otherwise. All other
modifications shall take effect according to the procedural
rules of the commission. On or before January 1 of each year,
the commission shall submit a written report to the judiciary
committees of the senate and the house of representatives with
jurisdiction over criminal justice policy that identifies and
explains all modifications made during the preceding 12 months
and all proposed modifications that are being submitted to the
legislature that year.
Sec. 15. Minnesota Statutes 1992, section 244.12,
subdivision 1, is amended to read:
Subdivision 1. [GENERALLY.] The commissioner may order
that an offender who meets the eligibility requirements of
subdivisions 2 and 3 be placed on intensive community
supervision, as described in sections 244.14 and 244.15, for all
or part of the offender's sentence if the offender agrees to
participate in the program and if the commissioner notifies the
sentencing court approves in writing of the offender's
participation in the program.
Sec. 16. Minnesota Statutes 1992, section 244.12,
subdivision 2, is amended to read:
Subd. 2. [ELIGIBILITY.] The commissioner must limit the
intensive community supervision program to the following persons:
(1) offenders who are committed to the commissioner's
custody following revocation of a stayed sentence; and
(2) offenders who are committed to the commissioner's
custody for a sentence of 27 30 months or less, who did not
receive a dispositional departure under the sentencing
guidelines, and who have already served a period of
incarceration as a result of the offense for which they are
committed.
Sec. 17. Minnesota Statutes 1992, section 244.13,
subdivision 1, is amended to read:
Subdivision 1. [ESTABLISHMENT.] The commissioner of
corrections shall establish programs for those designated by the
commissioner to serve all or part of a sentence on intensive
community supervision or all or part of a supervised release or
parole term on intensive supervised release. The adoption and
modification of policies and procedures to implement sections
244.05, subdivision 6, and 244.12 to 244.15 are not subject to
the rulemaking procedures of chapter 14. The commissioner shall
locate the programs so that at least one-half of the money
appropriated for the programs in each year is used for programs
in community corrections act counties. In awarding contracts
for intensive supervision programs in community corrections act
counties, the commissioner shall give first priority to programs
that utilize county employees as intensive supervision agents
and shall give second priority to programs that utilize state
employees as intensive supervision agents. The commissioner may
award contracts to other providers in community corrections act
counties only if doing so will result in a significant cost
savings or a significant increase in the quality of services
provided, and only after notifying the chairs of the judiciary
committees in the senate and house of representatives with
jurisdiction over criminal justice policy.
Sec. 18. Minnesota Statutes 1992, section 244.13,
subdivision 3, is amended to read:
Subd. 3. [EVALUATION.] The commissioner shall develop a
system for gathering and analyzing information concerning the
value and effectiveness of the intensive community supervision
and intensive supervised release programs and shall compile a
report to the chairs of the committees in the senate and house
judiciary committees of representatives with jurisdiction over
criminal justice policy by January 1 of each odd-numbered year.
Sec. 19. Minnesota Statutes 1992, section 244.15,
subdivision 4, is amended to read:
Subd. 4. [FACE-TO-FACE CONTACTS.] (a) During phase I, the
assigned intensive supervision agent shall have at least four
face-to-face contacts with the offender each week.
(b) During phase II, two face-to-face contacts a week are
required.
(c) During phase III, one face-to-face contact a week is
required.
(d) During phase IV, two face-to-face contacts a month are
required.
(e) When an offender is an inmate of a jail or a resident
of a facility which is staffed full time, the assigned agent may
reduce face-to-face contacts to one per week during all phases.
Sec. 20. Minnesota Statutes 1992, section 244.172,
subdivision 3, is amended to read:
Subd. 3. [PHASE III.] Phase III lasts for the remainder of
the offender's sentence. During phase III, the commissioner
shall place the offender on supervised release under section
244.05. continues until the commissioner determines that the
offender has successfully completed the program or until the
offender's sentence, minus jail credit, expires, whichever comes
first. If an offender successfully completes phase III of the
challenge incarceration program before the offender's sentence
expires, the offender shall be placed on supervised release for
the remainder of the sentence. The commissioner shall set the
level of the offender's supervision based on the public risk
presented by the offender.
Sec. 21. Minnesota Statutes 1992, section 244.173, is
amended to read:
244.173 [CHALLENGE INCARCERATION PROGRAM; EVALUATION AND
REPORT.]
The commissioner shall file a report with the house and
senate judiciary committees by September 1, 1992, which sets
forth with specificity the program's design. The commissioner
shall also develop a system for gathering and analyzing
information concerning the value and effectiveness of the
challenge incarceration program. The commissioner shall report
to the legislature committees of the house of representatives
and senate with jurisdiction over criminal justice policy by
January 1, 1996, on the operation of the program.
Sec. 22. Minnesota Statutes 1992, section 299A.35,
subdivision 3, is amended to read:
Subd. 3. [REPORT.] An applicant that receives a grant
under this section shall provide the commissioner with a summary
of how the grant funds were spent and the extent to which the
objectives of the program were achieved. The commissioner shall
submit a written report to the legislature chairs of the
committees of the senate and house of representatives with
jurisdiction over criminal justice policy and funding of crime
prevention programs, by February 1 each year, based on the
information provided by applicants under this subdivision.
Sec. 23. Minnesota Statutes 1993 Supplement, section
401.13, is amended to read:
401.13 [CHARGES MADE TO COUNTIES.]
Each participating county will be charged a sum equal to
the actual per diem cost of confinement of those juveniles
committed to the commissioner after August 1, 1973, and confined
in a state correctional facility. Provided, however, that the
amount charged a participating county for the costs of
confinement shall not exceed the subsidy to which the county is
eligible. The commissioner shall annually determine costs
making necessary adjustments to reflect the actual costs of
confinement. However, in no case shall the percentage increase
in the amount charged to the counties exceed the percentage by
which the appropriation for the purposes of sections 401.01 to
401.16 was increased over the preceding biennium. The
commissioner of corrections shall bill the counties and deposit
the receipts from the counties in the general fund. All charges
shall be a charge upon the county of commitment.
Sec. 24. Minnesota Statutes 1992, section 484.74,
subdivision 4, is amended to read:
Subd. 4. [APPLICATION.] This section applies only to the
second and fourth judicial districts, which will serve as pilot
projects to evaluate the effectiveness of alternative forms of
resolving commercial and personal injury disputes. The state
court administrator shall evaluate the pilot projects and report
the findings to the chairs of the house and senate judiciary
committees by January 15, 1991, in the case of the fourth
judicial district and by January 15, 1992, in the case of the
second judicial district.
Sec. 25. Minnesota Statutes 1992, section 609.115,
subdivision 1, is amended to read:
Subdivision 1. [PRESENTENCE INVESTIGATION.] When a
defendant has been convicted of a misdemeanor or gross
misdemeanor, the court may, and when the defendant has been
convicted of a felony, the court shall, before sentence is
imposed, cause a presentence investigation and written report to
be made to the court concerning the defendant's individual
characteristics, circumstances, needs, potentialities, criminal
record and social history, the circumstances of the offense and
the harm caused by it to others and to the community. At the
request of the prosecutor in a gross misdemeanor case, the court
shall order that a presentence investigation and report be
prepared. When the crime is a felony violation of chapter 152
involving the sale or distribution of a controlled substance,
the report shall include a description of any adverse social or
economic effects the offense has had on persons who reside in
the neighborhood where the offense was committed.
The report shall also include the information relating to
crime victims required under section 611A.037, subdivision 1.
If the court directs, the report shall include an estimate of
the prospects of the defendant's rehabilitation and
recommendations as to the sentence which should be imposed. In
misdemeanor cases the report may be oral.
When a defendant has been convicted of a felony, and before
sentencing, the court shall cause a sentencing worksheet to be
completed to facilitate the application of the Minnesota
sentencing guidelines. The worksheet shall be submitted as part
of the presentence investigation report.
The investigation shall be made by a probation officer of
the court, if there is one, otherwise by the commissioner of
corrections. The officer conducting the presentence or
predispositional investigation shall make reasonable and good
faith efforts to contact the victim of that crime and to provide
that victim with the information required under section
611A.037, subdivision 2.
When a person is convicted of a felony for which the
sentencing guidelines presume that the defendant will be
committed to the commissioner of corrections under an executed
sentence and no motion for a sentencing departure has been made
by counsel, the court may, when there is no space available in
the local correctional facility, commit the defendant to the
custody of the commissioner of corrections, pending completion
of the presentence investigation and report. When a defendant
is convicted of a felony for which the sentencing guidelines do
not presume that the defendant will be committed to the
commissioner of corrections, or for which the sentencing
guidelines presume commitment to the commissioner but counsel
has moved for a sentencing departure, the court may commit the
defendant to the commissioner with the consent of the
commissioner, pending completion of the presentence
investigation and report. The commissioner county of commitment
shall return the defendant to the court when the court so orders.
Presentence investigations shall be conducted and summary
hearings held upon reports and upon the sentence to be imposed
upon the defendant in accordance with this section, section
244.10, and the rules of criminal procedure.
Sec. 26. Minnesota Statutes 1992, section 631.425,
subdivision 6, is amended to read:
Subd. 6. [REDUCTION OF SENTENCE.] The term of the inmate's
sentence may be reduced by one-fourth, if in the opinion of the
court the inmate's conduct, diligence, and general attitude
merit reduction, whether the term is part of an executed
sentence or is imposed as a condition of probation, shall, when
ten days or more, be reduced by one day for each two days
served, commencing on the day of arrival, during which the
inmate has not violated any rule or discipline of the place
within which the person is incarcerated and, if required to
labor, has labored with diligence and fidelity.
Sec. 27. Minnesota Statutes 1992, section 642.09, is
amended to read:
642.09 [INSPECTION; AGENT OF A BOARD OF HEALTH, SHERIFF.]
The agent of a board of health as authorized under section
145A.04 of every city having a lockup shall inspect the same
once a year, with reference to its sanitary condition, make a
written report thereof to the commissioner of corrections upon
blanks furnished by the commissioner, and deliver a copy of such
report to the governing body of such city. Upon filing such
report the authorized agent shall receive from the treasurer of
such municipality a fee of $5. The sheriff of any county in
which a municipality maintains a lockup shall inspect such
lockup once a year at least once every biennium with the
approval of the commissioner of corrections, with reference to
its security and administration, and make a written report
thereof to the commissioner of corrections upon blanks furnished
by the commissioner, and deliver a copy of such report to the
governing body of the municipality maintaining such lockup. The
commissioner may grant licensure up to two years.
Sec. 28. [APPLICATION.]
The intent of section 9 is to clarify the provisions of
Minnesota Statutes, section 243.18, subdivision 1.
Sec. 29. Laws 1993, chapter 146, article 2, section 32, is
amended to read:
Sec. 32. [EFFECTIVE DATE.]
Section 12 is effective the day following final enactment.
Sections 15 and 18 are effective July 1, 1994 of no effect.
Sec. 30. [INMATE MENTAL HEALTH TRAINING STUDY.]
Subdivision 1. [STUDY.] The commissioners of corrections
and human services shall convene a group to evaluate current
training programs and practices relating to appropriate
identification, care, and treatment of inmates who are mentally
ill for correctional staff who have direct contact with
inmates. The study group shall determine whether current
practices are appropriate and sufficient to help correctional
staff identify and understand mental illness and treatment
issues. By December 15, 1994, the study group shall:
(1) make a specific recommendation whether correctional
staff who have direct contact with inmates should be required to
attend continuing education on mental health issues; and
(2) develop a plan for addressing inmate mental health
issues, including early intervention.
Subd. 2. [PARTICIPANTS.] In convening the study group, the
commissioners shall include representatives of the following:
(1) the ombudsman for corrections;
(2) the ombudsman for mental health and mental retardation;
(3) mental health experts;
(4) mental health advocates;
(5) inmate advocates; and
(6) correctional officers.
Sec. 31. [INMATE HIV/AIDS TRAINING STUDY.]
Subdivision 1. [STUDY.] The commissioners of corrections
and health shall convene a group to evaluate current training
programs and practices relating to appropriate identification,
care, and treatment of inmates who are affected with HIV/AIDS
for correctional staff who have direct contact with inmates.
The study group shall determine whether current practices are
appropriate and sufficient to help correctional staff identify
and understand HIV/AIDS issues. By December 15, 1994, the study
group shall:
(1) make a specific recommendation whether correctional
staff who have direct contact with inmates should be required to
attend continuing education on HIV/AIDS issues; and
(2) develop a plan for addressing inmate HIV/AIDS issues,
including prevention and education, early intervention, health
care, release preparations, and risks of discrimination and
harassing treatment.
Subd. 2. [PARTICIPANTS.] In convening the study group, the
commissioners shall include representatives of the following:
(1) the ombudsman for corrections;
(2) HIV/AIDS advocates;
(3) inmate advocates; and
(4) correctional officers.
Sec. 32. [INMATE CONTRIBUTION TO COSTS OF CONFINEMENT.]
The commissioner of corrections shall make recommendations
concerning requiring an inmate of a correctional facility under
the commissioner's management and control who has assets
exclusive of any child support and restitution obligations or
victims' damages to contribute to the cost of the inmate's
confinement. The commissioner shall submit recommendations to
the chairs of the house of representatives judiciary committee
and the senate crime prevention committee by December 15, 1994.
Sec. 33. [INSTRUCTION TO REVISOR.]
(a) The revisor of statutes shall renumber Minnesota
Statutes 1992, section 243.18, subdivision 1 as section 244.04,
subdivision 1a; and shall change the headnote of Minnesota
Statutes 1992, section 243.18 from "DIMINUTION OF SENTENCE" to
"WORK REQUIRED."
(b) In the next and subsequent editions of Minnesota
Statutes, the revisor of statutes shall change the terms
"correctional counselor" and "correctional guard" or "guard" to
"correctional officer" wherever those terms appear in chapters
241, 243, and 244, in reference to employees of a state
correctional facility.
Sec. 34. [REPEALER.]
Minnesota Statutes 1993 Supplement, section 243.18,
subdivision 3, is repealed.
Sec. 35. [EFFECTIVE DATE.]
Sections 30 and 31 are effective the day following final
enactment.
ARTICLE 7
CRIME VICTIMS
Section 1. Minnesota Statutes 1992, section 611A.036, is
amended to read:
611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.]
An employer or employer's agent who threatens to discharge
or discipline a victim or witness, or who discharges,
disciplines, or causes a victim or witness to be discharged from
employment or disciplined because the victim or the witness is
subpoenaed or requested by the prosecutor to attend court for
the purpose of giving testimony, is guilty of a misdemeanor and
may be punished for contempt of court. In addition, the court
shall order the employer to offer job reinstatement to any
victim or witness discharged from employment in violation of
this section, and to pay the victim or witness back wages as
appropriate.
Sec. 2. [611A.0385] [SENTENCING; IMPLEMENTATION OF RIGHT
TO NOTICE OF OFFENDER RELEASE.]
At the time of sentencing or the disposition hearing in a
case in which there is an identifiable victim, the court or its
designee shall make reasonable good faith efforts to inform each
affected victim of the offender notice of release provisions of
section 611A.06. If the victim is a minor, the court or its
designee shall, if appropriate, also make reasonable good faith
efforts to inform the victim's parent or guardian of the right
to notice of release. The state court administrator, in
consultation with the commissioner of corrections, shall prepare
a form that outlines the notice of release provisions under
section 611A.06 and describes how a victim should complete and
submit a request to the commissioner of corrections or other
custodial authority to be informed of an offender's release.
The state court administrator shall make these forms available
to court administrators who shall assist the court in
disseminating right to notice of offender release information to
victims.
Sec. 3. Minnesota Statutes 1993 Supplement, 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. An actual or prospective civil action
involving the alleged crime shall not be used by the court as a
basis to deny a victim's right to obtain court ordered
restitution under this section. 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 at least three business
days before 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 dispositional hearing or hearing on the
restitution request may be continued if the victim's affidavit
or other competent evidence submitted by the victim 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 in
accordance with the procedures established in section 611A.045,
subdivision 3.
(b) The court may amend or issue an order of restitution
after the sentencing or dispositional hearing if:
(1) the offender is on probation, committed to the
commissioner of corrections, or on 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, or hearing
on the restitution request.
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. In the case of a defendant
who is on probation, the court may not refuse to enforce an
order for restitution solely on the grounds that the order has
been docketed as a civil judgment.
Sec. 4. Minnesota Statutes 1992, section 611A.045,
subdivision 3, is amended to read:
Subd. 3. [DISPUTE; EVIDENTIARY BURDEN; PROCEDURES.] At the
sentencing, dispositional hearing, or hearing on the restitution
request, the offender shall have the burden to produce evidence
if the offender intends to challenge the amount of restitution
or specific items of restitution or their dollar amounts. This
burden of production must include a detailed sworn affidavit of
the offender setting forth all challenges to the restitution or
items of restitution, and specifying all reasons justifying
dollar amounts of restitution which differ from the amounts
requested by the victim or victims. The affidavit must be
served on the prosecuting attorney and the court at least five
business days before the hearing. A dispute as to the proper
amount or type of restitution must be resolved by the court by
the preponderance of the evidence. The burden of demonstrating
the amount of loss sustained by a victim as a result of the
offense and the appropriateness of a particular type of
restitution is on the prosecution.
Sec. 5. Minnesota Statutes 1993 Supplement, 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 to a minimum security setting if the
offender's custody status is reduced, 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 offender's release, transfer, or change in
security when the offender's custody status is reduced. For a
victim of a felony crime against the person for which the
offender was sentenced to imprisonment 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 to minimum
security status.
Sec. 6. Minnesota Statutes 1992, section 611A.19, is
amended to read:
611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
VIRUS.]
Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) The
sentencing court may issue an order requiring a person convicted
of a violent crime, as defined in section 609.152, or a juvenile
adjudicated delinquent for violating section 609.342, 609.343,
609.344, or 609.345, to submit to testing to determine the
presence of human immunodeficiency virus (HIV) antibody if:
(1) the prosecutor moves for the test order in camera;
(2) the victim requests the test; and
(3) evidence exists that the broken skin or mucous membrane
of the victim was exposed to or had contact with the offender's
semen or blood during commission of the crime in a manner which
has been demonstrated epidemiologically to transmit the HIV
virus.
(b) If the court grants the prosecutor's motion, the court
shall order that the test be performed by an appropriate health
professional who is trained to provide the counseling described
in section 144.763, and that no reference to the test, the
motion requesting the test, the test order, or the test results
may appear in the criminal record or be maintained in any record
of the court or court services.
Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and
results of any a test performed under subdivision 1 are private
data as defined in section 13.02, subdivision 12, when
maintained by a person subject to chapter 13, or may be released
only with the subject's consent, if maintained by a person not
subject to chapter 13. The results are available, on request,
to the victim or, if the victim is a minor, to the victim's
parent or guardian and positive test results shall be reported
to the commissioner of health. Any test results given to a
victim or victim's parent or guardian shall be provided by a
health professional who is trained to provide the counseling
described in section 144.763. Data regarding administration and
results of the test are not accessible to any other person for
any purpose and shall not be maintained in any record of the
court or court services or any other record. After the test
results are given to the victim or the victim's parent or
guardian, data on the test must be removed from any medical data
or health records maintained under section 13.42 or 144.335 and
destroyed.
Sec. 7. Minnesota Statutes 1993 Supplement, 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, not to exceed
an amount to be set by the board, 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 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. 8. Minnesota Statutes 1992, section 611A.53,
subdivision 2, is amended to read:
Subd. 2. No reparations shall be awarded to a claimant
otherwise eligible if:
(a) the crime was not reported to the police within five 30
days of its occurrence or, if it could not reasonably have been
reported within that period, within five 30 days of the time
when a report could reasonably have been made. A victim of
criminal sexual conduct in the first, second, third, or fourth
degree who does not report the crime within five 30 days of its
occurrence is deemed to have been unable to have reported it
within that period;
(b) the victim or claimant failed or refused to cooperate
fully with the police and other law enforcement officials;
(c) the victim or claimant was the offender or an
accomplice of the offender or an award to the claimant would
unjustly benefit the offender or an accomplice;
(d) the victim or claimant was in the act of committing a
crime at the time the injury occurred;
(e) no claim was filed with the board within one year two
years of victim's injury or death; except that (1) if the
claimant was unable to file a claim within that period, then the
claim can be made within one year two years of the time when a
claim could have been filed; and (2) if the victim's injury or
death was not reasonably discoverable within one year two years
of the injury or death, then the claim can be made within one
year two years of the time when the injury or death is
reasonably discoverable. The following circumstances do not
render a claimant unable to file a claim for the purposes of
this clause: (1) lack of knowledge of the existence of the
Minnesota crime victims reparations act, (2) the failure of a
law enforcement agency to provide information or assistance to a
potential claimant under section 611A.66, (3) the incompetency
of the claimant if the claimant's affairs were being managed
during that period by a guardian, guardian ad litem,
conservator, authorized agent, or parent, or (4) the fact that
the claimant is not of the age of majority; or
(f) the claim is less than $50.
The limitations contained in clauses (a) and (e) do not
apply to victims of domestic child abuse as defined in section
260.015, subdivision 24. In those cases the one two-year
limitation period commences running with the report of the crime
to the police; provided that no claim as a result of loss due to
domestic child abuse may be paid when the claimant is 21 years
of age or older at the time the claim is filed.
ARTICLE 8
JUDICIAL PROVISIONS
Section 1. Minnesota Statutes 1992, section 2.722,
subdivision 1, is amended to read:
Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the
state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
Sibley; 27 28 judges; and four permanent chambers shall be
maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 24 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
Waseca, Freeborn, Mower, and Fillmore; 22 judges; and permanent
chambers shall be maintained in Faribault, Albert Lea, Austin,
Rochester, and Winona;
4. Hennepin; 54 57 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
Martin, and Jackson; 17 judges; and permanent chambers shall be
maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
Stearns, Todd, Clay, Becker, and Wadena; 20 22 judges; and
permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
Traverse, and Wilkin; 11 judges; and permanent chambers shall be
maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
20 judges; and permanent chambers shall be maintained in
Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls;
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
Chisago, and Washington; 32 34 judges; and permanent chambers
shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.
Sec. 2. Minnesota Statutes 1992, section 253B.19,
subdivision 2, is amended to read:
Subd. 2. [PETITION; HEARING.] The committed person or the
county attorney of the county from which a patient as mentally
ill and dangerous to the public was committed may petition the
appeal panel for a rehearing and reconsideration of a decision
by the commissioner. The petition shall be filed with the
supreme court within 30 days after the decision of the
commissioner. The supreme court shall refer the petition to the
chief judge of the appeal panel. The chief judge shall notify
the patient, the county attorney of the county of commitment,
the designated agency, the commissioner, the head of the
treatment facility, any interested person, and other persons the
chief judge designates, of the time and place of the hearing on
the petition. The notice shall be given at least 14 days prior
to the date of the hearing. The hearing shall be within 45 days
of the filing of the petition. Any person may oppose the
petition. The appeal panel may appoint examiners and may
adjourn the hearing from time to time. It shall hear and
receive all relevant testimony and evidence and make a record of
all proceedings. The patient, patient's counsel, and the county
attorney of the committing county may be present and present and
cross-examine all witnesses. The petitioning party bears the
burden of going forward with the evidence. The party opposing
discharge bears the burden of proof by clear and convincing
evidence that the respondent is in need of commitment.
Sec. 3. Minnesota Statutes 1993 Supplement, 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
$122.
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 $122.
The party requesting a trial by jury shall pay $75.
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 $10, and $3.50, plus 25 cents per page after the first
page $5 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 $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. 4. Minnesota Statutes 1992, section 357.22, is
amended to read:
357.22 [WITNESSES.]
The fees to be paid to witnesses shall be as follows:
(1) For attending in any action or proceeding in any court
or before any officer, person, or board authorized to take the
examination of witnesses, $10 $20 for each day;
(2) For travel to and from the place of attendance, to be
estimated from the witness's residence, if within the state, or
from the boundary line of the state where the witness crossed
it, if without the state, 24 28 cents per mile.
No person is obliged to attend as a witness in any civil
case unless one day's attendance and travel fees are paid or
tendered the witness in advance.
Sec. 5. Minnesota Statutes 1993 Supplement, section
357.24, is amended to read:
357.24 [CRIMINAL CASES.]
Witnesses for the state in criminal cases and witnesses
attending on behalf of any defendant represented by a public
defender or an attorney performing public defense work for a
public defense corporation under section 611.216, shall receive
the same fees for travel and attendance as provided in section
357.22. Judges also may allow like fees to witnesses attending
in behalf of any other defendant. In addition these witnesses
shall receive reasonable expenses actually incurred for meals,
loss of wages and child care, not to exceed $40 $60 per day.
When a defendant is represented by a public defender or an
attorney performing public defense work for a public defense
corporation under section 611.216, neither the defendant nor the
public defender shall be charged for any subpoena fees or for
service of subpoenas by a public official. The compensation and
reimbursement shall be paid out of the county treasury.
Sec. 6. Minnesota Statutes 1992, section 357.241, is
amended to read:
357.241 [JUVENILE COURT WITNESSES.]
Witnesses in juvenile proceedings shall receive the same
fees for travel and attendance as provided in section 357.22.
In addition these witnesses shall receive reasonable expenses
actually incurred for meals, loss of wages, and child care, not
to exceed $40 $60 per day.
Sec. 7. Minnesota Statutes 1992, section 357.242, is
amended to read:
357.242 [PARENTS OF JUVENILES.]
In any proceeding where a parent or guardian attends the
proceeding with a minor witness and the parent or guardian is
not a witness, one parent or guardian shall be compensated in
those cases where witness compensation is mandatory under
section 357.22, 357.24, or 357.241, and may be compensated at
the discretion of the judge when the minor is a witness on
behalf of a defendant in a criminal case or on behalf of a
juvenile in a juvenile court proceeding. The court shall award
no more than a combined total of $40 $60 to the parent or
guardian and the minor witness.
Sec. 8. Minnesota Statutes 1993 Supplement, section
480.30, is amended to read:
480.30 [JUDICIAL TRAINING ON DOMESTIC ABUSE, HARASSMENT,
AND STALKING.]
The supreme court's judicial education program 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. The program also must include training for
judges, judicial officers, and court services personnel on how
to assure that their bail evaluations and decisions are racially
and culturally neutral.
Sec. 9. Minnesota Statutes 1992, section 485.06, is
amended to read:
485.06 [SEARCH OF RECORDS; CERTIFICATE; PUBLIC INSPECTION.]
The court administrator, upon request of any person, shall
make search of the books and records of the court
administrator's office, and ascertain the existence, docketing,
or satisfaction of any judgment or other lien, and certify the
result of such search under the court administrator's hand and
the seal of said court, giving the name of the party against
whom any judgment or lien appears of record, the amount thereof,
and the time of its entry; and, if satisfied of its
satisfaction, and any other entries requested relative to such
judgment. The court administrator's search will be a search for
the exact match of the requested name. Nothing in this section
shall prevent attorneys or others from having access to such
books and records at all reasonable times, when no certificate
is necessary or required.
Sec. 10. Minnesota Statutes 1992, section 494.05, is
amended to read:
494.05 [GRANTS.]
Subdivision 1. [ELIGIBILITY REQUIREMENTS.] A community
dispute resolution program is not eligible for a grant under
this section unless it:
(1) complies with this chapter and the guidelines and rules
adopted under this chapter;
(2) is certified by the state court administrator under
section 494.015, subdivision 2;
(3) demonstrates that at least two-thirds one-half of its
annual budget will be derived from sources other than the state;
(4) documents evidence of support within its service area
by community organizations, administrative agencies, and
judicial and legal system representatives; and
(5) is exempt or has applied for exemption from federal
taxation under section 501(c)(3) of the Internal Revenue Code of
1986 or is administered and funded by a city, county, or court
system as a distinct, identifiable unit that has a separate and
distinguishable operating budget.
Subd. 2. [FUNDING.] Grants under this section must be used
for the costs of operating approved programs. A program is
eligible to receive a grant an amount of money equal to
one-third one-half of its estimated annual budget, but not more
than $25,000 a year.
Subd. 3. [REPORTS.] The state court administrator shall
compile a summary report of the data submitted in the previous
year and any other relevant information from other sources. The
report must be submitted to the legislature by February 1 of
each year.
Sec. 11. Minnesota Statutes 1992, section 508.11, is
amended to read:
508.11 [APPLICATION FILED WITH COURT ADMINISTRATOR; DOCKET;
ABSTRACT.]
The application shall be filed with the court
administrator, who shall docket the same in a book to be known
as the "Land Registration Docket." All orders, judgments, and
decrees of the court in the proceeding shall be minuted in such
docket. All final orders or decrees shall be recorded by the
court administrator and proper reference made thereto in such
docket. At the time of the filing of the application with the
court administrator, a copy thereof, duly certified by the court
administrator, shall be filed for record with the county
recorder, and shall be notice forever to purchasers and
encumbrancers of the pendency of the proceeding and of all
matters referred to in the court files and records pertaining to
the proceeding. The applicant shall file with the court
administrator, as soon after the filing of the application as is
practicable, an abstract of title to the land described in the
application, satisfactory to the examiner. If required so to do
by the examiner, the applicant shall likewise cause the land to
be surveyed by some competent surveyor, and file with the court
administrator a plat of the land duly certified by such surveyor.
Sec. 12. Minnesota Statutes 1993 Supplement, section
593.48, is amended to read:
593.48 [COMPENSATION OF JURORS AND TRAVEL REIMBURSEMENT.]
A juror shall be reimbursed for round-trip travel between
the juror's residence and the place of holding court and
compensated for required attendance at sessions of court and may
be reimbursed for additional day care expenses incurred as a
result of jury duty at rates determined by the supreme court. A
juror may request reimbursement for additional parking expenses
incurred as a result of jury duty, in which case the
reimbursement shall be paid and the juror's compensation for
required attendance at sessions of court shall be reduced by the
amount of the parking reimbursement. Except in the eighth
judicial district where the state shall pay directly, the
compensation and reimbursement shall be paid out of the county
treasury upon receipt of authorization to pay from the jury
commissioner. These jury costs shall be reimbursed monthly by
the supreme court upon submission of an invoice by the county
treasurer. A monthly report of payments to jurors shall be sent
to the jury commissioner within two weeks of the end of the
month in the form required by the jury commissioner.
Sec. 13. Minnesota Statutes 1992, section 600.23,
subdivision 1, is amended to read:
Subdivision 1. [DEPOSIT OF PAPERS.] Every county recorder,
and every court administrator of a court of record, upon being
paid the legal fees therefor, shall receive and deposit in the
office any instruments or papers which shall be offered for that
purpose and, if required, shall give to the person depositing
the same a receipt therefor.
Sec. 14. Minnesota Statutes 1992, section 611.21, is
amended to read:
611.21 [SERVICES OTHER THAN COUNSEL.]
(a) Counsel, whether or not appointed by the court, for a
an indigent defendant who is financially unable to obtain, or
representing a defendant who, at the outset of the prosecution,
has an annual income not greater than 125 percent of the poverty
line established under United States Code, title 42, section
9902(2), may file an ex parte application requesting
investigative, expert, or other services necessary to an
adequate defense in the case may request them in an ex parte
application. Upon finding, after appropriate inquiry in an ex
parte proceeding, that the services are necessary and that the
defendant is financially unable to obtain them, the court shall
authorize counsel to obtain the services on behalf of the
defendant. The court may establish a limit on the amount which
may be expended or promised for such services. The court may,
in the interests of justice, and upon a finding that timely
procurement of necessary services could not await prior
authorization, ratify such services after they have been
obtained, but such ratification shall be given only in unusual
situations. The court shall determine reasonable compensation
for the services and direct payment by the county in which the
prosecution originated, to the organization or person who
rendered them, upon the filing of a claim for compensation
supported by an affidavit specifying the time expended, services
rendered, and expenses incurred on behalf of the defendant, and
the compensation received in the same case or for the same
services from any other source.
(b) The compensation to be paid to a person for such
service rendered to a defendant under this section, or to be
paid to an organization for such services rendered by an
employee, may not exceed $1,000, exclusive of reimbursement for
expenses reasonably incurred, unless payment in excess of that
limit is certified by the court as necessary to provide fair
compensation for services of an unusual character or duration
and the amount of the excess payment is approved by the chief
judge of the district. The chief judge of the judicial district
may delegate approval authority to an active district judge.
(c) If the court denies authorizing counsel to obtain
services on behalf of the defendant, the court shall make
written findings of fact and conclusions of law that state the
basis for determining that counsel may not obtain services on
behalf of the defendant. When the court issues an order denying
counsel the authority to obtain services, the defendant may
appeal immediately from that order to the court of appeals and
may request an expedited hearing.
Sec. 15. [629.74] [PRETRIAL BAIL EVALUATION.]
The local corrections department or its designee shall
conduct a pretrial bail evaluation of each defendant arrested
and detained for committing a crime of violence as defined in
section 624.712, subdivision 5, a gross misdemeanor violation of
section 609.224, or a nonfelony violation of section 518B.01,
609.2231, 609.3451, 609.748, or 609.749. In cases where the
defendant requests appointed counsel, the evaluation shall
include completion of the financial statement required by
section 611.17. The local corrections department shall be
reimbursed $25 by the department of corrections for each
evaluation performed. The conference of chief judges, in
consultation with the department of corrections, shall approve
the pretrial evaluation form to be used in each county.
Sec. 16. Minnesota Statutes 1992, section 631.021, is
amended to read:
631.021 [SPEEDY CRIMINAL TRIALS; CASE DISPOSITION
OBJECTIVES.]
The judges of each judicial district must adopt and
administer rules or procedures to ensure that, on and after July
1, 1994 July 1, 1997, the following timing objectives for the
disposition of criminal cases are met by judges within the
district:
(1) 90 percent of all criminal cases must be disposed of
within 120 days;
(2) 97 percent of all criminal cases must be disposed of
within 180 days; and
(3) 99 percent of all criminal cases must be disposed of
within 365 days.
The time periods referred to in clauses (1) to (3) must be
measured from the date the criminal complaint is filed, to the
date the defendant is either found not guilty or is sentenced.
If the criminal case begins by indictment rather than by
criminal complaint, the time period must be measured from the
date the indictment is returned.
Sec. 17. [PROSECUTOR TRAINING.]
The county attorneys association, in conjunction with the
attorney general's office, shall prepare and conduct a training
course for prosecutors on how to assure that their bail
recommendations are racially and culturally neutral. The course
may be combined with other training conducted by the county
attorneys association or other groups.
Sec. 18. [COMMITMENT STUDY.]
Subdivision 1. [GENERAL; TASK FORCE.] The supreme court is
requested to conduct a study of state civil commitment laws and
procedures and related legal and treatment issues. To conduct
the study, the supreme court shall convene an advisory task
force on the commitment system, including the following:
(1) judges, county attorneys, a representative of the
attorney general's office, and attorneys who represent patients
and proposed patients;
(2) parents or other family members of patients;
(3) mental health advocates;
(4) patients or former patients;
(5) mental health service providers;
(6) representatives of state and county mental health
agencies;
(7) law enforcement; and
(8) two members of the house of representatives, one of
whom must be a member of the minority party, appointed by the
speaker, and two 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.
Members of the task force should represent a cross-section
of regions within the state. The task force shall select a
chair from among its membership, other than the members
appointed under clause (8).
Subd. 2. [SCOPE OF STUDY.] To the extent practicable, the
study should include:
(1) hearings and procedures governing administration of
neuroleptic medications;
(2) provisional discharges;
(3) monitoring of medication;
(4) mental health treatment advance declarations;
(5) relationship between the commitment act and the
psychopathic personality statute;
(6) criteria for commitments and 72-hour holds;
(7) time lines and length of commitment;
(8) impact of available resources and service delivery
systems on commitments and implementation of least restrictive
alternatives;
(9) training and expertise of professionals involved in the
commitment process;
(10) separation of functions and conflicts of interest and
related due process issues in the commitment process;
(11) rights of patients;
(12) variations in implementation and interpretation of
commitment laws around the state;
(13) vulnerable adult reporting and mental competency
issues; and
(14) any other commitment, legal, and treatment issues
identified by the task force.
The work of the task force must not duplicate but should be
coordinated with the work of the task force on sexual predators.
Subd. 3. [STAFF.] The task force may employ necessary
staff to provide legal counsel, research, and clerical
assistance.
Subd. 4. [REPORT.] The task force shall submit a written
report to the governor and the legislature by January 15, 1996,
containing its findings and recommendations. The task force
expires upon submission of its report.
Sec. 19. [RESOURCE REPORT.]
The commissioner of corrections shall evaluate existing
sexual assault victim advocacy services and estimate the need
for additional advocacy services.
Sec. 20. [TASK FORCE ON SEXUAL PREDATORS.]
There is created a 13-member task force to study issues
relating to the confinement of sexual predators, including
commitment of psychopathic personalities. The task force shall
consist of two members of the senate appointed by the majority
leader and two members of the house of representatives appointed
by the speaker. Legislative membership from each body shall
consist of one member of the democratic farmer labor party and
one member of the independent republican party. In addition,
the task force shall contain the following:
(1) four members selected by the commissioner of
corrections, including at least one representative from the law
enforcement community and one sexual assault counselor;
(2) one county attorney selected by the county attorneys
association; and
(3) four members selected by the commissioner of human
services, including the ombudsman for mental health and mental
retardation, one mental health professional, one representative
of a mental health advocacy group, and one representative from
the attorney general's office.
The task force may request research and information from the
commissioners of corrections and human services and staff
assistance as needed.
The task force shall be convened no later than August 1,
1994, and shall examine current law and practice relating to the
commitment of psychopathic personalities under Minnesota
Statutes, chapters 253B and 526. The task force shall examine
the laws of other jurisdictions and the clinical literature on
sex offender treatment and shall make recommendations on
options, both civil and criminal, for dealing with sexual
predators. The task force shall report to the chairs of the
house judiciary and senate crime prevention committees with
these recommendations by January 15, 1995.
Sec. 21. [SEXUAL ASSAULT RESPONSE COORDINATING BOARD.]
Subdivision 1. [SEXUAL ASSAULT RESPONSE COORDINATING
COUNCILS.] By October 1, 1994, the conference of chief judges
shall establish a coordinating council in each judicial district
to oversee efforts to coordinate the criminal justice system
response to sexual assault cases. Membership shall include
representation of at least the following groups:
(1) judges;
(2) county attorneys;
(3) public defenders;
(4) law enforcement;
(5) sexual assault advocacy programs;
(6) court administration;
(7) social service agencies;
(8) medical personnel; and
(9) the public.
Subd. 2. [SEXUAL ASSAULT RESPONSE COORDINATION PLAN.] Each
sexual assault coordinating council shall prepare a written
sexual assault coordination plan to implement the goal of
ensuring the appropriate response of the criminal justice system
to the handling of sexual assault cases. Each plan must address
the following issues:
(1) the roles and responsibilities of criminal justice
agencies in responding to sexual assault allegations;
(2) the needs of the victim for advocacy services in the
process;
(3) the current range of judicial sanctions imposed;
(4) the adequacy of existing services for the victim and
defendant; and
(5) the coordination of the criminal justice system
response to sexual assault cases.
Subd. 3. [REVIEW OF JUDICIAL DISTRICT SEXUAL ASSAULT
RESPONSE COORDINATING PLAN.] (a) Each judicial district shall
submit its sexual assault response coordination plan to the
conference of chief judges by October 1, 1995. The conference
shall review the plans and make recommendations it deems
appropriate. Specifically, the conference shall address the
adequacy and use of criminal justice resources to respond to
sexual assault cases.
(b) A copy of each judicial district's plan, along with the
conference of chief judges' recommendations for changes in
rules, criminal procedure, and statutes, must be filed with the
chair of the senate crime prevention committee and the chair of
the house of representatives judiciary committee by January 1,
1996.
Sec. 22. [REPEALER.]
Minnesota Statutes 1992, section 629.69, is repealed.
Sec. 23. [EFFECTIVE DATE.]
Two of the additional judgeships authorized for judicial
districts in section 1 are established effective October 1,
1994, and two of the additional judgeships are established
effective March 1, 1995.
Sections 17 to 21 are effective the day following final
enactment.
ARTICLE 9
CRIME PREVENTION
Section 1. [242.56] [WORK AND LEARN FACILITIES FOR YOUTH.]
Subdivision 1. [REQUESTS FOR PROPOSALS.] The commissioner
of corrections shall select two nonprofit organizations to
select and develop sites for work and learn facilities for
youth. The selection of organizations must be made in
consultation with the advisory group created under subdivision
3. By July 1, 1994, the commissioner shall issue a request for
proposals from nonprofit organizations to locate and develop the
facilities described in subdivisions 4 and 5. Both programs
will provide rigorous programming for youthful offenders.
Subd. 2. [ELIGIBILITY.] (a) Both programs are limited to
individuals who:
(1) are at least 14 years of age but no older than 19 at
the time of admission;
(2) have not received a high school diploma; and
(3) were adjudicated delinquent or referred by a county
social services agency.
(b) The following are not eligible:
(1) juveniles adjudicated delinquent for murder,
manslaughter, criminal sexual conduct in the first or second
degree, assault, kidnapping, robbery, arson, or any other
offense involving death or intentional personal injury; and
(2) juveniles who were adjudicated delinquent within the
preceding ten years of an offense described in clause (1) and
were committed to the custody of the commissioner.
(c) The programs may include nonoffenders selected by the
commissioner based on recommendations from social service
agencies of individuals who are at risk of incarceration.
Subd. 3. [ADVISORY GROUP.] The commissioner shall appoint
an advisory group to assist in selecting sites under this
section. The commissioner shall include among the members of
the group representatives of the following: the council on
Black Minnesotans, the council on the affairs of
Spanish-speaking people, the council on Asian-Pacific
Minnesotans, the Indian affairs council, the commissioner of
education, community corrections officials, county corrections
officials, the association of counties, and the association of
county probation officers.
Subd. 4. [METROPOLITAN WORK AND LEARN SITE.] One facility
shall be in the metropolitan area in an academy campus setting
and be administered to address the problems of high unemployment
rate among people of color, the high drop-out rate of young
people in the public school system, and overcrowded correctional
facilities. The academy shall provide the following programs:
(1) physical training;
(2) general studies;
(3) motivational and personal development;
(4) business opportunities;
(5) skills improvement; and
(6) structured residential treatment programs of individual
and group counseling.
Subd. 5. [WILDERNESS WORK AND LEARN SITE.] One facility
shall be in a wilderness setting, no more than 50 miles from the
outer boundary of the seven-county metropolitan area, located on
a site of at least 60 acres. The wilderness site shall offer a
combination of the following:
(1) group activities that develop cooperation, teamwork,
and trust in others;
(2) wilderness camping experiences that ensure that the
youth begin to build self-esteem about themselves;
(3) structured residential treatment programs of individual
and group counseling;
(4) a teaching and social reinforcement system;
(5) a point and level incentive system;
(6) vocational and academic education; and
(7) life skills training.
Subd. 6. [FAMILY SERVICES.] Both programs shall provide
family services during and after the youth's involvement,
including six months of intensive follow-up supervision of the
youth after return to the community.
Subd. 7. [EVALUATION AND REPORT.] The commissioner shall
file a report with the chairs of the senate crime prevention
committee and the house of representatives judiciary committee
by December 1, 1994, describing the sites selected and the
progress made in developing them. The commissioner shall also
develop a system for gathering and analyzing information
concerning the value and effectiveness of the work and learn
facilities. The commissioner shall report to the chairs of the
committees in the house of representatives and senate with
jurisdiction over criminal justice policy by January 1, 1999, on
the operation of the program, with a recommendation as to
whether it should be continued.
Sec. 2. Minnesota Statutes 1992, section 299A.31, is
amended to read:
299A.31 [CHEMICAL ABUSE AND VIOLENCE PREVENTION RESOURCE
COUNCIL.]
Subdivision 1. [ESTABLISHMENT; MEMBERSHIP.] A chemical
abuse and violence prevention resource council consisting of 19
members is established. The commissioners of public safety,
education, health, corrections, and human services, the director
of the office of strategic and long-range planning, and the
attorney general shall each appoint one member from among their
employees. The speaker of the house of representatives and the
subcommittee on committees of the senate shall each appoint a
legislative member. The governor shall appoint an additional
ten members who shall represent the demographic and geographic
composition of the state and, to the extent possible, shall
represent the following: public health; education including
preschool, elementary, and higher education; social services;
financial aid services; chemical dependency treatment; law
enforcement; prosecution; defense; the judiciary; corrections;
treatment research professionals; drug abuse prevention
professionals; the business sector; religious leaders;
representatives of racial and ethnic minority communities; and
other community representatives. The members shall designate
one of the governor's appointees as chair of the council.
Compensation and removal of members are governed by section
15.059.
Subd. 2. [ACCEPTANCE OF FUNDS AND DONATIONS.] The council
may accept federal money, gifts, donations, and bequests for the
purpose of performing the duties set forth in this section and
section 299A.32. The council shall use its best efforts to
solicit funds from private individuals and organizations to
match state appropriations.
Sec. 3. Minnesota Statutes 1992, section 299A.32,
subdivision 3, is amended to read:
Subd. 3. [ANNUAL REPORT.] By February 1 each year, the
council shall submit a written report to the governor and the
legislature describing its activities during the preceding year,
describing efforts that have been made to enhance and improve
utilization of existing resources and to identify deficits in
prevention efforts, and recommending appropriate changes,
including any legislative changes that it considers necessary or
advisable in the area of chemical abuse and violence prevention
policy, programs, and services.
Sec. 4. Minnesota Statutes 1992, section 299A.34,
subdivision 2, is amended to read:
Subd. 2. [SELECTION AND MONITORING.] The chemical
abuse and violence prevention resource council shall assist in
the selection and monitoring of grant recipients.
Sec. 5. Minnesota Statutes 1993 Supplement, section
299A.35, subdivision 1, is amended to read:
Subdivision 1. [PROGRAMS.] The commissioner shall, in
consultation with the chemical abuse and violence 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;
(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. 6. Minnesota Statutes 1992, section 299A.36, is
amended to read:
299A.36 [OTHER DUTIES.]
The assistant commissioner assigned to the office of drug
policy and violence prevention, in consultation with the
chemical abuse and violence prevention resource council, shall:
(1) provide information and assistance upon request to
school preassessment teams established under section 126.034 and
school and community advisory teams established under section
126.035;
(2) provide information and assistance upon request to the
state board of pharmacy with respect to the board's enforcement
of chapter 152;
(3) cooperate with and provide information and assistance
upon request to the alcohol and other drug abuse section in the
department of human services;
(4) assist in coordinating the policy of the office with
that of the narcotic enforcement unit in the bureau of criminal
apprehension; and
(5) coordinate the activities of the regional drug task
forces, provide assistance and information to them upon request,
and assist in the formation of task forces in areas of the state
in which no task force operates.
Sec. 7. [PURPOSE.]
It is well established that children who are chronically
absent from school face a bleak future in that they are at
greater risk of ending up in the delinquency system, becoming
high school dropouts, and finding themselves without the skills
necessary to have a productive work life as adults. To
effectively combat truancy and educational neglect, there needs
to be a continuum of intervention and services to support
parents and children and keep children in school. That
continuum should be characterized by progressively intrusive
intervention beginning with the strongest efforts at the school
and community level and offering access to the public agency and
court's authority when necessary.
Sec. 8. [126.25] [COMMUNITY-BASED TRUANCY ACTION
PROJECTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of
education shall establish demonstration projects to reduce
truancy rates in schools by early identification of students
with school absenteeism problems and providing appropriate
interventions based on each student's underlying issues that are
contributing to the truant behavior.
Subd. 2. [PROGRAM COMPONENTS.] (a) Projects eligible for
grants under this section shall be community-based and must
include cooperation between at least one school and one
community agency and provide coordinated intervention,
prevention, and educational services. Services may include:
(1) assessment for underlying issues that are contributing
to the child's truant behavior;
(2) referral to community-based services for the child and
family which includes, but is not limited to, individual or
family counseling, educational testing, psychological
evaluations, tutoring, mentoring, and mediation;
(3) transition services to integrate the child back into
school and to help the child succeed once there;
(4) culturally sensitive programming and staffing; and
(5) increased school response including in-school
suspension, better attendance monitoring and enforcement,
after-school study programs, and in-service training for
teachers and staff.
(b) Priority will be given to grants that include:
(1) local law enforcement;
(2) elementary and middle schools;
(3) multiple schools and multiple community agencies;
(4) parent associations; and
(5) neighborhood associations.
Subd. 3. [EVALUATION.] Grant recipients must report to the
commissioner of public safety by September 1 of each year on the
services and programs provided, the number of children served,
the average daily attendance for the school year, and the number
of habitual truancy and educational neglect petitions referred
for court intervention.
Sec. 9. [144.3872] [FEMALE GENITAL MUTILATION; EDUCATION
AND OUTREACH.]
The commissioner of health shall carry out appropriate
education, prevention, and outreach activities in communities
that traditionally practice female circumcision, excision, or
infibulation to inform people in those communities about the
health risks and emotional trauma inflicted by those practices
and to inform them and the medical community of the criminal
penalties contained in section 609.2245. The commissioner shall
work with culturally appropriate groups to obtain private funds
to help finance these prevention and outreach activities.
Sec. 10. Minnesota Statutes 1992, section 145A.05, is
amended by adding a subdivision to read:
Subd. 7a. [CURFEW.] A county board may adopt an ordinance
establishing a countywide curfew for persons under 17 years of
age.
Sec. 11. [DEMONSTRATION PROJECT; INTERVENTION WITH
CHIPS-DELINQUENTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioners of human
services and corrections shall establish a demonstration project
to develop and provide effective intervention and treatment for
children under the age of ten who are committing or have
committed unlawful acts. The commissioners may determine the
length of the demonstration project.
Subd. 2. [REPORT.] After the demonstration project has
been completed, the commissioners shall evaluate its success and
make recommendations to the legislature concerning the types of
services that should be provided to these children.
Sec. 12. [INSTITUTE FOR CHILD AND ADOLESCENT SEXUAL
HEALTH.]
Subdivision 1. [PILOT PROJECTS.] The institute of child
and adolescent sexual health established in Laws 1992, chapter
571, article 1, section 28, and Laws 1993, chapter 326, article
12, section 16, shall implement two pilot projects that examine
the relationship between violent juvenile sex offenders and the
factors that contribute to their behavior. One pilot project
must examine early protective and risk factors associated with
adolescent sex offenders in order to identify children who are
high risk to become offenders and to develop earlier
intervention strategies. The second pilot project must develop
and implement an intervention program for children identified as
high risk to become sex offenders.
Subd. 2. [FINANCIAL STATUS REPORT.] By March 15, 1995, the
institute must report to the commissioner of health the results
of grant-seeking efforts, the location of resources for
non-project-related expenses and the status and preliminary
findings of the pilot projects under subdivision 1.
Sec. 13. [MALE RESPONSIBILITY AND FATHERING GRANTS.]
Subdivision 1. [ESTABLISHMENT; PURPOSE.] A grant program
for fiscal year 1995 is established to educate young people,
particularly males ages ten to 21, on the responsibilities of
parenthood. The purpose of the program is to foster male
responsibility by encouraging youth or parenting program
providers to collaborate with school districts to attain the
outcomes in this section.
Subd. 2. [ELIGIBILITY; APPLICATION PROCESS.] (a) A youth
or parenting program provider whose purpose is to reduce teen
pregnancy or teach child development and parenting skills in
collaboration with a school district may submit an application
for a grant. The grant applicant must prepare an application in
collaboration with the advisory committee under paragraph (c).
Each grant application must describe:
(1) the program's structure and components, including
collaborative and outreach efforts;
(2) how the applicant will implement and evaluate the
program;
(3) a plan for using male instructors and mentors;
(4) the outcomes the applicant expects to attain; and
(5) a cultural diversity plan to ensure that program staff
or teachers reflect the cultural backgrounds of the population
served and that the program content is culturally sensitive.
(b) Grant recipients must, at minimum, educate young
people, particularly males ages ten to 21, about responsible
parenting and child development, responsible decision making in
relationships, and the legal implications of paternity. Grant
recipients must promote public awareness of male responsibility
issues in the collaborating school district. Grant recipients
may offer support groups, health and nutrition education, and
mentoring and peer teaching.
(c) A grant applicant must establish an advisory committee
to assist the applicant in planning and implementing a grant.
The advisory committee must include student representatives,
adult males from the community, representatives of community
organizations, teachers, parent educators, and representatives
of family social service agencies.
Subd. 3. [EXPECTED OUTCOMES.] Grant recipients shall use
the funds for programs designed to prevent teen pregnancy and to
prevent crime in the long term. Grant recipients must assist
youth to:
(1) understand the connection between sexual behavior,
adolescent pregnancy, and the roles and responsibilities of
parenting;
(2) understand the long-term responsibility of fatherhood;
(3) understand the importance of fathers in the lives of
children;
(4) acquire parenting skills and knowledge of child
development; and
(5) find community support for their roles as fathers and
nurturers of children.
Subd. 4. [GRANT AWARDS.] The commissioner shall establish
a committee to review the grant applications based on the
criteria in subdivisions 2 and 3 and the applicant's ability to
match state money and advise the commissioner. The committee
shall include teachers and representatives of community
organizations, student organizations, and education or family
social service agencies that offer parent education programs.
The commissioner shall ensure that the grants are
proportionately distributed throughout the state among school
districts with student populations of different sizes.
Subd. 5. [COOPERATIVE AGREEMENTS.] The commissioner of
education may enter into cooperative agreements with the
commissioner of human services for purposes of child support,
education and awareness, paternity education and awareness, and
gaining federal financial participation.
Subd. 6. [REPORT.] The commissioner shall report to the
legislature by January 15, 1996, on the success of grant
recipients in meeting their expected outcomes.
Sec. 14. [TRUANCY SERVICE CENTER PILOT PROJECTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of public
safety in cooperation with the commissioners of education, human
services, and corrections, shall establish three two-year
truancy service center pilot projects to:
(1) communicate a strong message about the community's
expectations of school attendance;
(2) reduce habitual truancy, school dropout, and future
delinquency by helping to link children and parents with needed
social and educational services;
(3) prevent exploitation of or harm to juveniles on the
street;
(4) help support and reinforce the responsibility of
parents for their child's school attendance;
(5) provide a mechanism for collaboration between schools,
police, parents, community-based programs, businesses, parks,
recreation departments, and community residents on truancy
prevention; and
(6) reduce the number of crimes committed by juveniles
during school hours.
The truancy service centers shall include: one center in
Hennepin county, one center in Ramsey county, and one center in
a county designated by the commissioner of public safety in
cooperation with the commissioners of education, human services,
and corrections.
Subd. 2. [BOARD.] Each center shall be governed by an
intergovernmental board including the city mayor, school
superintendent, police chief, county attorney, county board
members or their designees, and selected representatives of
community-based agencies.
Subd. 3. [TRUANT STUDENTS; ACTION.] Each truancy service
center pilot project shall receive truant students brought in by
police officers and shall take appropriate action that may
include one or more of the following:
(1) assessing the truant student's attendance situation,
including enrollment status, verification of truancy, and school
attendance history;
(2) assisting in coordinating intervention efforts where
appropriate, including checking with juvenile probation and
children and family services to determine whether an active case
is pending and facilitating transfer to an appropriate facility,
if indicated, and evaluating the need for and making referral to
a health clinic, chemical dependency treatment, protective
services, social or recreational programs, or school or
community-based services and demonstration programs described in
this section;
(3) contacting the parents or legal guardian of the truant
student and releasing the truant student to the custody of the
parents or guardian; and
(4) facilitating the juvenile's earliest possible return to
school.
Subd. 4. [PERSONS EXCLUDED FROM SERVICE CENTERS.] The
pilot truancy service centers shall not accept:
(1) juveniles arrested for criminal violations;
(2) intoxicated juveniles;
(3) ill or injured juveniles; or
(4) juveniles older than mandatory school attendance age.
Subd. 5. [EXPANSION OF SERVICES.] Truancy service centers
may expand their service capability in order to receive curfew
violators and take appropriate action including, but not limited
to, coordination of intervention efforts, contacting parents,
and developing strategies to ensure that parents assume
responsibility and are held accountable for their children's
curfew violations.
Subd. 6. [REPORT.] The commissioner of public safety, at
the end of the pilot projects, shall report findings and
recommendations to the legislature.
Sec. 15. [INTENSIVE NEGLECT INTERVENTION PROJECTS.]
Subdivision 1. [ESTABLISHMENT.] The commissioner of public
safety, in cooperation with the commissioners of education,
human services, and corrections, shall establish two-year
demonstration projects in at least two counties to address the
needs of children who are at risk of school failure,
delinquency, and mental health problems due to conditions of
chronic neglect in their homes. These projects shall be
designed to develop standards and model programming for
intervention with chronic neglect.
Subd. 2. [PROGRAM REQUIREMENTS.] Counties eligible for
grants under this section shall develop projects which include
the following:
(1) a provision for joint service delivery with community
corrections to address multiple needs of children in the family,
demonstrate improved methods of service delivery, and prevent
delinquent behavior;
(2) a provision for multidisciplinary team service delivery
that will include minimally, resources to address employment,
chemical dependency, housing, and health and educational needs;
(3) demonstration of standards including, but not limited
to, model case planning, indices of child well-being, success
measures tied to child well-being, time frames for achievement
of success measures, a scheme for progressively intrusive
intervention, and use of juvenile court intervention and
criminal court intervention; and
(4) a comprehensive review of funding and other sources
available to children under this section in order to identify
fiscal incentives and disincentives to successful service
delivery.
Subd. 3. [REPORT.] The commissioner of public safety, at
the end of the projects, shall report findings and
recommendations to the legislature on the standards and model
programming developed under the demonstration projects to guide
the redesign of service delivery for chronic neglect.
Sec. 16. [VIOLENCE PREVENTION ADVISORY TASK FORCE.]
Subdivision 1. [TASK FORCE.] The chemical abuse and
violence prevention council shall establish a violence
prevention advisory task force, consisting of representatives of
the council and representatives of:
(1) the legislative commission on children, youth, and
their families;
(2) nonprofit and community-based organizations dealing
with violence prevention and at-risk youth programs;
(3) individuals knowledgeable in crime prevention research,
family education, and child development;
(4) the demographic and geographic composition of the
state; and
(5) racial and ethnic minorities.
The task force also shall include a representative of the
law enforcement community and an education specialist who is
knowledgeable about the antiviolence curriculum. The task force
shall be chaired jointly by a member of the council and a member
of the legislative commission on children, youth, and their
families.
Subd. 2. [DUTIES.] The task force shall:
(1) define violence prevention;
(2) develop measurable violence prevention goals;
(3) inventory state violence prevention programs;
(4) develop a state violence prevention policy and funding
plan; and
(5) make recommendations for an ongoing system to evaluate
the effectiveness of violence prevention programs, and to
integrate the state violence prevention goals into the budgeting
and policy-making of state agencies and the legislature.
Subd. 3. [REPORT.] The task force shall report its
recommendations to the legislature and the chairs of the
standing committees of the senate and house of representatives
with jurisdiction over criminal justice policy by January 1,
1995.
Sec. 17. [EFFECTIVE DATE.]
Sections 1 and 16 are effective the day following final
enactment.
ARTICLE 10
ATTORNEY GENERAL
Section 1. Minnesota Statutes 1992, section 8.06, is
amended to read:
8.06 [ATTORNEY FOR STATE OFFICERS, BOARDS, OR COMMISSIONS;
EMPLOY COUNSEL.]
The attorney general shall act as the attorney for all
state officers and all boards or commissions created by law in
all matters pertaining to their official duties. When requested
by the attorney general, it shall be the duty of any county
attorney of the state to appear within the county and act as
attorney for any such board, commission, or officer in any court
of such county. The attorney general may, upon request in
writing, employ, and fix the compensation of, a special attorney
for any such board, commission, or officer when, in the attorney
general's judgment, the public welfare will be promoted
thereby. Such special attorney's fees or salary shall be paid
from the appropriation made for such board, commission, or
officer. A state agency that is current with its billings from
the attorney general for legal services may contract with the
attorney general for additional legal and investigative
services. Except as herein provided, no board, commission, or
officer shall hereafter employ any attorney at the expense of
the state.
Whenever the attorney general, the governor, and the chief
justice of the supreme court shall certify, in writing, filed in
the office of the secretary of state, that it is necessary, in
the proper conduct of the legal business of the state, either
civil or criminal, that the state employ additional counsel, the
attorney general shall thereupon be authorized to employ such
counsel and, with the governor and the chief justice, fix the
additional counsel's compensation. Except as herein stated, no
additional counsel shall be employed and the legal business of
the state shall be performed exclusively by the attorney general
and the attorney general's assistants.
Sec. 2. Minnesota Statutes 1993 Supplement, section 8.15,
is amended to read:
8.15 [ATTORNEY GENERAL COSTS.]
Subdivision 1. [FEE SCHEDULES.] The attorney general in
consultation with the commissioner of finance shall assess
executive branch agencies a fee for legal services rendered to
them, except that the attorney general may not assess the
department of human rights for legal representation on behalf of
complaining parties who have filed a charge of discrimination
with the department. The assessment against appropriations from
other than the general fund must be the full cost of providing
the services. The assessment against appropriations supported
by fees must be included in the fee calculation. The assessment
against appropriations from the general fund not supported by
fees must be one-half of the cost of providing the services. An
amount equal to the general fund receipts in the even-numbered
year of the biennium is appropriated to the attorney general for
each year of the succeeding biennium. All other receipts from
assessments must be deposited in the state treasury and credited
to the general fund. develop a fee schedule to be used by the
attorney general in developing the agreements authorized in
subdivision 3.
The attorney general in consultation with the commissioner
of finance shall assess political subdivisions fees to cover
half the cost of legal services rendered to them; except that
The attorney general may not assess a county any fee for legal
services rendered in connection with a psychopathic personality
commitment proceeding under section 526.10 for which the
attorney general assumes responsibility under section 8.01.
Subd. 2. [BIENNIAL BUDGET REQUEST.] (a) The attorney
general in consultation with the commissioner of finance shall
designate which agencies will have their legal service requests
included in the budget request of the attorney general.
(b) All other agencies, in consultation with the attorney
general and the commissioner of finance, shall include a request
for legal services in their biennial budget requests.
Subd. 3. [AGREEMENTS.] To facilitate the delivery of legal
services, the attorney general may:
(1) enter into agreements with executive branch agencies,
political subdivisions, or quasi-state agencies to provide legal
services for the benefit of the citizens of Minnesota; and
(2) in addition to funds otherwise appropriated by the
legislature, accept and spend funds received under any agreement
authorized in clause (1) for the purpose set forth in clause
(1), subject to a report of receipts to the chairs of the senate
finance committee and the house ways and means committee by
October 15 each year.
Funds received under this subdivision must be deposited in
the general fund and are appropriated to the attorney general
for the purposes set forth in this subdivision.
Subd. 4. [REPORTS.] The attorney general shall prepare an
annual expenditure report describing actual expenditures for
each agency or political subdivision receiving legal services.
The report shall describe:
(1) estimated and actual expenditures, including
expenditures authorized through agreements;
(2) the type of services provided; and
(3) major current and future legal issues.
The report shall be submitted to the chairs of the senate
finance committee and the house ways and means committee by
October 15 each year.
Sec. 3. [EFFECTIVE DATE.]
Sections 1 and 2 are effective July 1, 1995.
ARTICLE 11
PUBLIC DEFENDER
Section 1. Minnesota Statutes 1992, section 477A.012, is
amended by adding a subdivision to read:
Subd. 7. [AID OFFSET FOR 1995 PUBLIC DEFENDER COSTS.] (a)
In the case of a county located in the first, fifth, seventh,
ninth, or tenth judicial district, there shall be deducted from
the payment to the county under this section an amount equal to
the cost of public defense services in juvenile and misdemeanor
cases, to the extent those costs are assumed by the state for
the calendar year beginning on January 1, 1995.
(b) For the purpose of the aid reductions under this
section, the following amounts shall be used by the commissioner
of revenue as the cost of public defense services in juvenile
and misdemeanor cases for each county in the first, fifth,
seventh, ninth, and tenth judicial districts, during the
calendar year beginning on January 1, 1995:
COUNTY JUDICIAL DISTRICT AMOUNT
(1) Aitkin 9 $126,000
(2) Anoka 10 $634,000
(3) Becker 7 $160,000
(4) Beltrami 9 $130,000
(5) Benton 7 $ 68,000
(6) Blue Earth 5 $ 96,000
(7) Brown 5 $ 58,000
(8) Carver 1 $ 82,000
(9) Cass 9 $134,000
(10) Chisago 10 $ 66,000
(11) Clay 7 $136,000
(12) Clearwater 9 $ 24,000
(13) Cottonwood 5 $ 24,000
(14) Crow Wing 9 $128,000
(15) Dakota 1 $644,000
(16) Douglas 7 $ 84,000
(17) Faribault 5 $ 34,000
(18) Goodhue 1 $ 94,000
(19) Hubbard 9 $ 30,000
(20) Isanti 10 $ 56,000
(21) Itasca 9 $ 44,000
(22) Jackson 5 $ 30,000
(23) Kanabec 10 $ 42,000
(24) Kittson 9 $ 12,000
(25) Koochiching 9 $ 32,000
(26) Lake of the Woods 9 $ 8,000
(27) Le Sueur 1 $ 64,000
(28) Lincoln 5 $ 20,000
(29) Lyon 5 $ 58,000
(30) Mahnomen 9 $ 12,000
(31) Marshall 9 $ 28,000
(32) Martin 5 $ 74,000
(33) McLeod 1 $ 66,000
(34) Mille Lacs 7 $ 46,000
(35) Morrison 7 $ 70,000
(36) Murray 5 $ 14,000
(37) Nicollet 5 $ 86,000
(38) Nobles 5 $ 62,000
(39) Norman 9 $ 18,000
(40) Otter Tail 7 $172,000
(41) Pennington 9 $ 30,000
(42) Pine 10 $ 46,000
(43) Pipestone 5 $ 14,000
(44) Polk 9 $140,000
(45) Red Lake 9 $ 10,000
(46) Redwood 5 $ 98,000
(47) Rock 5 $ 28,000
(48) Roseau 9 $ 42,000
(49) Scott 1 $164,000
(50) Sherburne 10 $164,000
(51) Sibley 1 $ 82,000
(52) Stearns 7 $306,000
(53) Todd 7 $ 66,000
(54) Wadena 7 $ 24,000
(55) Washington 10 $282,000
(56) Watonwan 5 $ 38,000
(57) Wright 10 $118,000
(c) One-fourth of the amount specified under paragraph (b)
for each county shall be deducted from each local government aid
payment to the county under section 477A.015 in 1994, and
one-fourth of the amount computed under paragraph (b) for each
county shall be deducted from each local government aid payment
to the county under section 477A.015 in 1995. If the amount
specified under paragraph (b) exceeds the amount payable to a
county under subdivision 1, the excess shall be deducted from
the aid payable to the county under section 273.1398,
subdivision 2, and then, if necessary, from the disparity
reduction aid under section 273.1398, subdivision 3.
(d) The appropriation for the state assumption of the costs
of public defender services in juvenile and misdemeanor cases in
the first, fifth, seventh, ninth, and tenth judicial districts,
for the time period from January 1, 1995, to June 30, 1995,
shall be annualized for the 1996-1997 biennium.
(e) An amount equal to the aid reduction under this
subdivision must be transferred from the local government trust
fund to the general fund at the time when the aid would
otherwise be paid during fiscal years 1995 and 1996.
Sec. 2. Minnesota Statutes 1992, section 477A.012, is
amended by adding a subdivision to read:
Subd. 8. [PERMANENT AID OFFSETS FOR PUBLIC DEFENDER
COSTS.] The 1994 and the additional 1995 aid reductions provided
in subdivision 7 are both permanent aid reductions. The aid
reductions under Minnesota Statutes 1992, section 477A.012,
subdivision 6, repealed under 1994 H.F. No. 3209, article 3,
section 21, are also permanent aid reductions.
Sec. 3. Minnesota Statutes 1993 Supplement, section
611.17, is amended to read:
611.17 [FINANCIAL INQUIRY; STATEMENTS.]
(a) Each judicial district must screen requests under
paragraph (b).
(b) Upon a request for the appointment of counsel, the
court shall make appropriate inquiry into the financial
circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the
applicant's assets and liabilities, including the value of any
real property owned by the applicant, whether homestead or
otherwise, less the amount of any encumbrances on the real
property, the source or sources of income, and any other
information required by the court. The state public defender
shall furnish appropriate forms for the financial statements.
The information contained in the statement shall be confidential
and for the exclusive use of the court and the public defender
appointed by the court to represent the applicant except for any
prosecution under section 609.48. A refusal to execute the
financial statement or produce financial records constitutes a
waiver of the right to the appointment of a public defender.
Sec. 4. Minnesota Statutes 1993 Supplement, section
611.20, subdivision 2, is amended to read:
Subd. 2. [PARTIAL PAYMENT.] If the court determines that
the defendant is able to make partial payment, the court shall
direct the partial payments to the governmental unit responsible
for the costs of the public defender state general fund.
Payments directed by the court to the state shall be recorded by
the court administrator who shall transfer the payments to the
state treasurer.
Sec. 5. Minnesota Statutes 1992, section 611.26,
subdivision 4, is amended to read:
Subd. 4. [ASSISTANT PUBLIC DEFENDERS.] A chief district
public defender shall appoint assistants who are qualified
attorneys licensed to practice law in this state and other staff
as the chief district public defender finds prudent and
necessary subject to the standards adopted by the state public
defender. Assistant district public defenders must be appointed
to ensure broad geographic representation and caseload
distribution within the district. Each assistant district
public defender serves at the pleasure of the chief district
public defender. A chief district public defender is
authorized, subject to approval by the state board of public
defense or their designee, to hire an independent contractor to
perform the duties of an assistant public defender.
Sec. 6. Minnesota Statutes 1992, section 611.26,
subdivision 6, is amended to read:
Subd. 6. [PERSONS DEFENDED.] The district public defender
shall represent, without charge, a defendant charged with a
felony or, a gross misdemeanor, or misdemeanor when so directed
by the district court. In the second, third, fourth, sixth, and
eighth districts only, The district public defender shall also
represent a defendant charged with a misdemeanor when so
directed by the district court and shall represent a minor in
the juvenile court when so directed by the juvenile court.
Sec. 7. Minnesota Statutes 1993 Supplement, section
611.27, subdivision 4, is amended to read:
Subd. 4. [COUNTY PORTION OF COSTS.] That portion of
subdivision 1 directing counties to pay the costs of public
defense service shall not be in effect between July 1, 1993
January 1, 1995, and July 1, 1995. This subdivision only
relates to costs associated with felony and, gross misdemeanor
public defense services in all judicial districts and to,
juvenile, and misdemeanor public defense services in the second,
third, fourth, sixth, and eighth judicial
districts. Notwithstanding the provisions of this subdivision,
in the first, fifth, seventh, ninth, and tenth judicial
districts, the cost of juvenile and misdemeanor public defense
services for cases opened prior to January 1, 1995, shall remain
the responsibility of the respective counties in those
districts, even though the cost of these services may occur
after January 1, 1995.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 3, and 5 are effective July 1, 1994.
Sections 4, 6, and 7 are effective January 1, 1995.
Presented to the governor May 6, 1994
Signed by the governor May 10, 1994, 6:27 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes