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Minnesota Legislature

Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 311-H.F.No. 2688 
                  An act relating to crime prevention; making numerous 
                  changes to the predatory offender registration law 
                  including lengthening the registration period for 
                  certain offenders, requiring additional offenders to 
                  register, requiring that additional information be 
                  reported, authorizing disclosure of information about 
                  offenders, and increasing the criminal penalty for 
                  predatory offenders who fail to comply with the law 
                  and imposing a mandatory minimum prison sentence on 
                  those offenders; requiring the bureau of criminal 
                  apprehension to maintain a computerized database for 
                  predatory offenders; expanding and clarifying the 
                  scope of the community notification law; requiring 
                  that certain information regarding level III predatory 
                  offenders be posted on the Internet; placing 
                  restrictions on persons with felony convictions who 
                  are seeking name changes; clarifying that harassment 
                  crimes prohibit harassment by electronic means; 
                  modifying the expungement law; expanding the 
                  solicitation of a child to engage in sexual conduct 
                  crime; authorizing the prosecution of certain sex 
                  offenses in the jurisdiction where they originate or 
                  terminate; eliminating the statute of limitations for 
                  certain offenses; making certain data about sex 
                  offenders available to law enforcement; changing the 
                  membership of the criminal and juvenile justice 
                  information policy group; authorizing the purchase and 
                  distribution of criminal justice technology 
                  infrastructure improvements; increasing the 
                  presumptive sentence for first degree criminal sexual 
                  conduct; requiring reports; imposing criminal 
                  penalties; appropriating money; amending Minnesota 
                  Statutes 1998, sections 13.54, subdivision 6; 243.166, 
                  subdivisions 3, 5, 7, and by adding subdivisions; 
                  244.052, as amended; 244.10, subdivision 2a; 259.11; 
                  299C.65, subdivision 1, and by adding a subdivision; 
                  517.08, subdivisions 1a and 1b; 518.27; 609.035, by 
                  adding a subdivision; 609.342, subdivision 2; 609.352, 
                  subdivisions 1 and 2; 609.749, subdivision 2; 609.795, 
                  subdivision 1; 609A.03; and 628.26; Minnesota Statutes 
                  1999 Supplement, sections 13.46, subdivision 2; 
                  243.166, subdivisions 1, 2, 4, and 6; and 299C.65, 
                  subdivisions 2 and 8; proposing coding for new law in 
                  Minnesota Statutes, chapters 176; 243; 259; 299C; and 
                  609. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                                 APPROPRIATIONS 
        Section 1.  [CRIMINAL JUSTICE 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 fiscal year 2001. 
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                Ending June 30, 2001 
        Sec. 2.  CORRECTIONS                     -0-         $5,162,000
        $1,000,000 is to increase the number of 
        probation officers managing intensive 
        supervised release caseloads.  The 
        commissioner shall distribute these 
        funds proportionately based on current 
        unmet needs including areas of the 
        state that are not currently served by 
        an intensive supervised release 
        caseload. 
        $4,000,000 is for enhanced supervision 
        of adult felony sex offenders by 
        employing additional probation officers 
        to reduce the caseloads of probation 
        officers supervising sex offenders on 
        probation or supervised release.  The 
        commissioner shall determine statewide 
        eligibility for these funds according 
        to the formula contained in Minnesota 
        Statutes, section 401.10.  Each 
        Community Corrections Act jurisdiction 
        and the department's probation and 
        supervised release unit shall submit to 
        the commissioner an analysis of need 
        along with a plan to meet these needs 
        and reduce adult felony sex offender 
        caseloads.  Upon approval of the plans, 
        the non-Community Corrections Act 
        portion of these funds shall be 
        appropriated to the department and the 
        distribution shall be based on 
        statewide need.  The Community 
        Corrections Act funds shall be 
        disbursed as grants to each Community 
        Corrections Act jurisdiction.  These 
        appropriations may not be used to 
        supplant existing state or county 
        probation officer positions. 
        $162,000 is for costs associated with 
        complying with Minnesota Statutes, 
        section 244.052. 
        Sec. 3.  PUBLIC SAFETY                                9,659,000
        Subdivision  1.  General
        $7,388,000 is for criminal justice 
        technology infrastructure improvements 
        under Minnesota Statutes, section 
        299C.65, subdivision 8a, for the 
        purchase and distribution of: 
        (1) electronic fingerprint capture 
        technology; 
        (2) electronic photographic 
        identification technology; and 
        (3) additional bandwidth to transfer 
        and access electronic photographic 
        identification data and electronic 
        fingerprint data to the state's central 
        database. 
        Upon approval of the policy group, the 
        commissioner may use up to 7.5 percent 
        of this appropriation to implement this 
        subdivision. 
        $1,000,000 is for grants to government 
        agencies to transfer and access data 
        from the agencies to the statewide hot 
        file probation and pretrial release 
        data system.  The criminal and juvenile 
        justice information policy group shall 
        review grant applications and the 
        commissioner shall make the grants 
        approved by the policy group within the 
        limits of the appropriation.  Up to 
        $200,000 of this appropriation may be 
        used for grants to pay the costs of 
        developing or implementing a criminal 
        justice information integration plan as 
        described in Minnesota Statutes, 
        section 299C.65, subdivisions 5, 6, and 
        7.  
        The appropriations in this subdivision 
        are not subject to the requirements of 
        Minnesota Statutes, section 299C.65, 
        subdivision 8. 
        Subd. 2.  Criminal Apprehension
        $80,000 is for a technology systems 
        position. 
        $50,000 is for a criminal justice 
        information systems training position. 
        $234,000 is for three additional 
        criminal assessment unit agents. 
        $160,000 is for three criminal 
        intelligence analyst positions. 
        $200,000 is for five clerical positions.
        $547,000 is for costs related to 
        interfacing the state system with the 
        national sex offender registry, 
        software development and 
        implementation, a system design 
        consultant, office supplies and 
        expenses, and sex offender registration 
        costs.  Positions funded by this 
        appropriation may not supplant existing 
        services. 
        The superintendent of the bureau of 
        criminal apprehension shall transfer 
        two agents from the gang strike force 
        to perform general investigative duties 
        within the bureau, decreasing the gang 
        strike force's complement by two 
        positions. 
        Sec. 4.  SENTENCING GUIDELINES
        COMMISSION                                              100,000
        This appropriation is to establish a 
        pilot project in Ramsey county to use 
        the statewide statute table to ensure 
        accurate and uniform charging on 
        criminal complaints.  
        Sec. 5.  SUPREME COURT                                3,512,000
        This appropriation is to begin 
        redevelopment of the court information 
        system to be used by all counties to 
        integrate court information with other 
        criminal justice information.  This 
        money may not be used by the supreme 
        court for any other purpose. 

                                   ARTICLE 2
                      PREDATORY OFFENDER REGISTRATION AND 
                       COMMUNITY NOTIFICATION PROVISIONS 
           Section 1.  Minnesota Statutes 1999 Supplement, section 
        243.166, subdivision 1, is amended to read: 
           Subdivision 1.  [REGISTRATION REQUIRED.] (a) 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 
        another offense arising out of the same set of circumstances: 
           (i) murder under section 609.185, clause (2); or 
           (ii) kidnapping under section 609.25; or 
           (iii) criminal sexual conduct under section 609.342; 
        609.343; 609.344; 609.345; or 609.3451, subdivision 3; or 
           (iv) indecent exposure under section 617.23, subdivision 3; 
        or 
           (2) the person was charged with or petitioned for falsely 
        imprisoning a minor in violation of section 609.255, subdivision 
        2; soliciting a minor to engage in prostitution in violation of 
        section 609.322 or 609.324; soliciting a minor to engage in 
        sexual conduct in violation of section 609.352; using a minor in 
        a sexual performance in violation of section 617.246; or 
        possessing pictorial representations of minors in violation of 
        section 617.247, and convicted of or adjudicated delinquent for 
        that offense or another offense arising out of the same set of 
        circumstances; or 
           (3) the person was convicted of a predatory crime as 
        defined in section 609.108, 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; or 
           (4) the person was convicted of or adjudicated delinquent 
        for, including pursuant to a court martial, violating a law of 
        the United States, including the Uniform Code of Military 
        Justice, similar to the offenses described in clause (1), (2), 
        or (3). 
           (b) A person also shall register under this section if: 
           (1) the person was convicted of or adjudicated delinquent 
        in another state for an offense that would be a violation of a 
        law described in paragraph (a) if committed in this state; 
           (2) the person enters the state as required in subdivision 
        3, paragraph (b) to reside, or to work or attend school; and 
           (3) ten years have not elapsed since the person was 
        released from confinement or, if the person was not confined, 
        since the person was convicted of or adjudicated delinquent for 
        the offense that triggers registration.  
        For purposes of this paragraph: 
           (i) "school" includes any public or private educational 
        institution, including any secondary school, trade or 
        professional institution, or institution of higher education, 
        that the person is enrolled in on a full-time or part-time 
        basis; and 
           (ii) "work" includes employment that is full-time or 
        part-time for a period of time exceeding 14 days or for an 
        aggregate period of time exceeding 30 days during any calendar 
        year, whether financially compensated, volunteered, or for the 
        purpose of government or educational benefit. 
           (c) A person also shall register under this section if the 
        person was committed pursuant to a court commitment order under 
        section 253B.185 or Minnesota Statutes 1992, section 526.10, or 
        a similar law of another state or the United States, regardless 
        of whether the person was convicted of any offense. 
           (d) A person also shall register under this section if: 
           (1) the person was charged with or petitioned for a felony 
        violation or attempt to violate any of the offenses listed in 
        paragraph (a), clause (1), or a similar law of another state or 
        federal jurisdiction the United States, or the person was 
        charged with or petitioned for a violation of any of the 
        offenses listed in paragraph (a), clause (2), or a similar law 
        of another state or federal jurisdiction the United States; 
           (2) the person was found not guilty by reason of mental 
        illness or mental deficiency after a trial for that offense, or 
        found guilty but mentally ill after a trial for that offense, in 
        states with a guilty but mentally ill verdict; and 
           (3) the person was committed pursuant to a court commitment 
        order under section 253B.18 or a similar law of another state or 
        federal jurisdiction the United States. 
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        243.166, subdivision 2, is amended to read: 
           Subd. 2.  [NOTICE.] When a person who is required to 
        register under subdivision 1, paragraph (a), is sentenced or 
        becomes subject to a juvenile court disposition order, the court 
        shall tell the person of the duty to register under this section 
        and that, if the person fails to comply with the registration 
        requirements, information about the offender may be made 
        available to the public through electronic, computerized, or 
        other accessible means.  The court may not modify the person's 
        duty to register in the pronounced sentence or disposition 
        order.  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.  The court shall forward the signed 
        sex offender registration form, the complaint, and sentencing 
        documents to the bureau of criminal apprehension.  If a person 
        required to register under subdivision 1, paragraph (a), was not 
        notified by the court of the registration requirement at the 
        time of sentencing or disposition, the assigned corrections 
        agent shall notify the person of the requirements of this 
        section.  When a person who is required to register under 
        subdivision 1, paragraph (c) or (d), is released from 
        commitment, the treatment facility shall notify the person of 
        the requirements of this section.  The treatment facility shall 
        also obtain the registration information required under this 
        section and forward it to the bureau of criminal apprehension. 
           Sec. 3.  Minnesota Statutes 1998, section 243.166, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
        to register under this section shall register with the 
        corrections agent as soon as the agent is assigned to the 
        person.  If the person does not have an assigned corrections 
        agent or is unable to locate the assigned corrections agent, the 
        person shall register with the law enforcement agency that has 
        jurisdiction in the area of the person's residence. 
           (b) At least five days before the person starts living at a 
        new address, including living in another state, the person shall 
        give written notice of the new living address to the assigned 
        corrections agent or to the law enforcement authority with which 
        the person currently is registered.  If the person will be 
        living in a new state and that state has a registration 
        requirement, the person shall also give written notice of the 
        new address to the designated registration agency in the new 
        state.  The corrections agent or law enforcement authority 
        shall, within two business days after receipt of this 
        information, forward it to the bureau of criminal apprehension.  
        The bureau of criminal apprehension shall, if it has not already 
        been done, notify the law enforcement authority having primary 
        jurisdiction in the community where the person will live of the 
        new address.  If the person is leaving the state, the bureau of 
        criminal apprehension shall notify the registration authority in 
        the new state of the new address. 
           (c) A person required to register under subdivision 1, 
        paragraph (b), because the person is working or attending school 
        in Minnesota shall register with the law enforcement agency that 
        has jurisdiction in the area where the person works or attends 
        school.  In addition to other information required by this 
        section, the person shall provide the address of the school or 
        of the location where the person is employed.  A person must 
        comply with this paragraph within five days of beginning 
        employment or school. 
           (d) A person required to register under this section who 
        works or attends school outside of Minnesota shall register as a 
        predatory offender in the state where the person works or 
        attends school.  The person's corrections agent, or if the 
        person does not have an assigned corrections agent, the law 
        enforcement authority that has jurisdiction in the area of the 
        person's residence shall notify the person of this requirement. 
           Sec. 4.  Minnesota Statutes 1999 Supplement, section 
        243.166, subdivision 4, is amended to read: 
           Subd. 4.  [CONTENTS OF REGISTRATION.] (a) The registration 
        provided to the corrections agent or law enforcement authority, 
        must consist of a statement in writing signed by the person, 
        giving information required by the bureau of criminal 
        apprehension, a fingerprint card, and photograph of the person 
        taken at the time of the person's release from incarceration or, 
        if the person was not incarcerated, at the time the person 
        initially registered under this section.  The registration 
        information also must include a written consent form signed by 
        the person allowing a treatment facility to release information 
        to a law enforcement officer about the person's admission to, or 
        residence in, a treatment facility.  Registration information on 
        adults and juveniles may be maintained together notwithstanding 
        section 260B.171, subdivision 3.  
           (b) For persons required to register under subdivision 1, 
        paragraph (c), following commitment pursuant to a court 
        commitment under section 253B.185 or a similar law of another 
        state or the United States, in addition to other information 
        required by this section, the registration provided to the 
        corrections agent or law enforcement authority must include the 
        person's offense history and documentation of treatment received 
        during the person's commitment.  This documentation shall be 
        limited to a statement of how far the person progressed in 
        treatment during commitment. 
           (c) Within three days of receipt, the corrections agent or 
        law enforcement authority shall forward the statement, 
        fingerprint card, and photograph registration information to the 
        bureau of criminal apprehension.  The bureau shall ascertain 
        whether the person has registered with the law enforcement 
        authority where the person resides.  If the person has not 
        registered with the law enforcement authority, the bureau shall 
        send one copy to that authority.  
           (d) The corrections agent or law enforcement authority may 
        require that a person required to register under this section 
        appear before the agent or authority to be photographed.  The 
        agent or authority shall forward the photograph to the bureau of 
        criminal apprehension. 
           (c) (e) During the period a person is required to register 
        under this section, the following shall apply: 
           (1) Each year, within 30 days of the anniversary date of 
        the person's initial registration, The bureau of criminal 
        apprehension shall mail a verification form to the last reported 
        address of the person person's residence.  This verification 
        form shall provide notice to the offender that, if the offender 
        does not return the verification form as required, information 
        about the offender may be made available to the public through 
        electronic, computerized, or other accessible means. 
           (2) The person shall mail the signed verification form back 
        to the bureau of criminal apprehension within ten days after 
        receipt of the form, stating on the form the current and last 
        address of the person person's residence and the other 
        information required under subdivision 4a. 
           (3) If the person fails to mail the completed and signed 
        verification form to the bureau of criminal apprehension within 
        ten days after receipt of the form, the person shall be in 
        violation of this section. 
        For persons required to register under subdivision 1, paragraph 
        (c), following commitment pursuant to a court commitment under 
        section 253B.185 or a similar law of another state or the United 
        States, the bureau shall comply with clause (1) at least four 
        times each year.  For all other persons required to register 
        under this section, the bureau shall comply with clause (1) each 
        year within 30 days of the anniversary date of the person's 
        initial registration. 
           (f) When sending out a verification form, the bureau of 
        criminal apprehension must determine whether the person to whom 
        the verification form is being sent has signed a written consent 
        form as provided for in paragraph (a).  If the person has not 
        signed such a consent form, the bureau of criminal apprehension 
        must send a written consent form to the person along with the 
        verification form.  A person who receives this written consent 
        form must sign and return it to the bureau of criminal 
        apprehension at the same time as the verification form. 
           (g) For the purposes of this subdivision, "treatment 
        facility" means a residential facility, as defined in section 
        244.052, subdivision 1, and residential chemical dependency 
        treatment programs and halfway houses licensed under chapter 
        245A, including, but not limited to, those facilities directly 
        or indirectly assisted by any department or agency of the United 
        States. 
           Sec. 5.  Minnesota Statutes 1998, section 243.166, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 
        person required to register under this section shall provide to 
        the corrections agent or law enforcement authority the following 
        information: 
           (1) the address of the person's primary residence; 
           (2) the addresses of all the person's secondary residences, 
        including all addresses used for residential or recreational 
        purposes; 
           (3) the addresses of all property owned, leased, or rented 
        by the person; 
           (4) the addresses of all locations where the person is 
        employed; 
           (5) the addresses of all residences where the person 
        resides while attending school; and 
           (6) the year, model, make, license plate number, and color 
        of all motor vehicles owned or regularly driven by the person. 
           (b) The person shall report to the agent or authority the 
        information required to be provided under paragraph (a), clauses 
        (2) to (6), within five days of the date the clause becomes 
        applicable.  If because of a change in circumstances a clause no 
        longer applies to previously reported information, the person 
        shall immediately inform the agent or authority that the 
        information is no longer valid. 
           Sec. 6.  Minnesota Statutes 1998, section 243.166, 
        subdivision 5, is amended to read: 
           Subd. 5.  [CRIMINAL PENALTY.] (a) A person required to 
        register under this section who knowingly violates any of its 
        provisions or intentionally provides false information to a 
        corrections agent, law enforcement authority, or the bureau of 
        criminal apprehension is guilty of a gross misdemeanor.  A 
        person convicted of or adjudicated delinquent for violating this 
        section who previously has been convicted under this section 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. 
           (b) Except as provided in paragraph (c), a person convicted 
        of violating paragraph (a) shall be committed to the custody of 
        the commissioner of corrections for not less than a year and a 
        day, nor more than five years. 
           (c) A person convicted of violating paragraph (a), who has 
        previously been convicted of or adjudicated delinquent for 
        violating this section, shall be committed to the custody of the 
        commissioner of corrections for not less than two years, nor 
        more than five years. 
           (d) Prior to the time of sentencing, the prosecutor may 
        file a motion to have the person sentenced without regard to the 
        mandatory minimum sentence established by this subdivision.  The 
        motion shall be accompanied by a statement on the record of the 
        reasons for it.  When presented with the motion, or on its own 
        motion, the court may sentence the person without regard to the 
        mandatory minimum sentence if the court finds substantial and 
        compelling reasons to do so.  Sentencing a person in the manner 
        described in this paragraph is a departure from the sentencing 
        guidelines. 
           (e) A person convicted and sentenced as required by this 
        subdivision is not eligible for probation, parole, discharge, 
        work release, or supervised release, until that person has 
        served the full term of imprisonment as provided by law, 
        notwithstanding the provisions of sections 241.26, 242.19, 
        243.05, 244.04, 609.12, and 609.135. 
           Sec. 7.  Minnesota Statutes 1999 Supplement, section 
        243.166, subdivision 6, is amended to read: 
           Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
        provisions of section 609.165, subdivision 1, and except as 
        provided in paragraphs (b), (c), and (d), a person required to 
        register under this section shall continue to comply with this 
        section until ten years have elapsed since the person initially 
        registered in connection with the offense, or until the 
        probation, supervised release, or conditional release period 
        expires, whichever occurs later.  For a person required to 
        register under this section who is committed under section 
        253B.18 or 253B.185, the ten-year registration period does not 
        include the period of commitment. 
           (b) If a person required to register under this section 
        fails to register following a change in residence, the 
        commissioner of public safety may require the person to continue 
        to register for an additional period of five years.  
           (c) If a person required to register under this section is 
        subsequently incarcerated following a revocation of probation, 
        supervised release, or conditional release for that offense, or 
        a conviction for any new offense, the person shall continue to 
        register until ten years have elapsed since the person was last 
        released from incarceration or until the person's probation, 
        supervised release, or conditional release period expires, 
        whichever occurs later. 
           (d) A person shall continue to comply with this section for 
        the life of that person:  
           (1) if the person is convicted of or adjudicated delinquent 
        for any offense for which registration is required under 
        subdivision 1, or any offense from another state or any federal 
        offense similar to the offenses described in subdivision 1, and 
        the person has a prior conviction or adjudication for an offense 
        for which registration was required under subdivision 1, or an 
        offense from another state or a federal offense similar to an 
        offense described in subdivision 1; 
           (2) if the person is required to register based upon a 
        conviction or delinquency adjudication for an offense under 
        section 609.185, clause (2); 609.342, subdivision 1, paragraph 
        (a), (c), (d), (e), (f), or (h); 609.343, subdivision 1, 
        paragraph (a), (c), (d), (e), (f), or (h); 609.344, subdivision 
        1, paragraph (a), (c), or (g); or 609.345, subdivision 1, 
        paragraph (a), (c), or (g); or a statute from another state or 
        the United States similar to the offenses described in this 
        clause; or 
           (3) if the person is required to register under subdivision 
        1, paragraph (c), following commitment pursuant to a court 
        commitment under section 253B.185 or a similar law of another 
        state or the United States. 
           Sec. 8.  Minnesota Statutes 1998, section 243.166, 
        subdivision 7, is amended to read: 
           Subd. 7.  [USE OF INFORMATION.] Except as otherwise 
        provided in section subdivision 7a or sections 244.052 and 
        299C.093, the information provided under this section is private 
        data on individuals under section 13.01 13.02, subdivision 12.  
        The information may be used only for law enforcement purposes.  
           Sec. 9.  Minnesota Statutes 1998, section 243.166, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [AVAILABILITY OF INFORMATION ON OFFENDERS WHO 
        ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of 
        criminal apprehension may make information available to the 
        public about offenders who are 16 years of age or older and who 
        are out of compliance with this section for 30 days or longer 
        for failure to provide the address of the offenders' primary or 
        secondary residences.  This information may be made available to 
        the public through electronic, computerized, or other accessible 
        means.  The amount and type of information made available shall 
        be limited to the information necessary for the public to assist 
        law enforcement in locating the offender. 
           (b) An offender who comes into compliance with this section 
        after the bureau of criminal apprehension discloses information 
        about the offender to the public may send a written request to 
        the bureau requesting the bureau to treat information about the 
        offender as private data, consistent with subdivision 7.  The 
        bureau shall review the request and promptly take reasonable 
        action to treat the data as private, if the offender has 
        complied with the requirement that the offender provide the 
        addresses of the offender's primary and secondary residences, or 
        promptly notify the offender that the information will continue 
        to be treated as public information and the reasons for the 
        bureau's decision. 
           (c) If an offender believes the information made public 
        about the offender is inaccurate or incomplete, the offender may 
        challenge the data under section 13.04, subdivision 4. 
           (d) The bureau of criminal apprehension is immune from any 
        civil or criminal liability that might otherwise arise, based on 
        the accuracy or completeness of any information made public 
        under this subdivision, if the bureau acts in good faith. 
           Sec. 10.  Minnesota Statutes 1998, section 243.166, is 
        amended by adding a subdivision to read: 
           Subd. 10.  [APPLICATION.] (a) All provisions of this 
        section shall apply to a predatory offender convicted of or 
        adjudicated delinquent for an offense described in subdivision 1 
        that requires registration if the offender is incarcerated or on 
        any form of supervision for that offense as of the effective 
        date of this subdivision, regardless of the date of the 
        predatory offender's conviction or delinquency adjudication. 
           (b) Paragraph (a) does not change the obligation of any 
        offender to register who began to register under this section 
        before the effective date of this subdivision. 
           Sec. 11.  [243.167] [REGISTRATION UNDER THE PREDATORY 
        OFFENDER REGISTRATION LAW FOR OTHER OFFENSES.] 
           Subdivision 1.  [DEFINITION.] As used in this section, 
        "crime against the person" means a violation of any of the 
        following:  section 609.165; 609.185; 609.19; 609.195; 609.20; 
        609.205; 609.221; 609.222; 609.223; 609.224, subdivision 2; 
        609.2242, subdivision 2 or 4; 609.235; 609.245, subdivision 1; 
        609.25; 609.255; 609.3451, subdivision 2; 609.498, subdivision 
        1; 609.582, subdivision 1; or 617.23, subdivision 2; or any 
        felony-level violation of section 609.229; 609.377; 609.749; or 
        624.713. 
           Subd. 2.  [WHEN REQUIRED.] (a) In addition to the 
        requirements of section 243.166, a person also shall register 
        under section 243.166 if: 
           (1) the person is convicted of a crime against the person; 
        and 
           (2) the person was previously convicted of or adjudicated 
        delinquent for an offense listed in section 243.166, subdivision 
        1, paragraph (a), but was not required to register for the 
        offense because the registration requirements of that section 
        did not apply to the person at the time the offense was 
        committed or at the time the person was released from 
        imprisonment. 
           (b) A person who was previously required to register under 
        section 243.166 and who has completed the registration 
        requirements of that section shall again register under section 
        243.166 if the person commits a crime against the person. 
           Sec. 12.  Minnesota Statutes 1998, section 244.052, as 
        amended by Laws 1999, chapters 86, article 1, section 82; 216, 
        article 6, sections 2, 3, 4, and 5; and 233, sections 4 and 5, 
        is amended to read: 
           244.052 [SEX PREDATORY OFFENDERS; NOTICE.] 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (1) "confinement" means confinement in a state correctional 
        facility or a state treatment facility; 
           (2) "law enforcement agency" means the law enforcement 
        agency having primary jurisdiction over the location where the 
        offender expects to reside upon release; 
           (3) "residential facility" means a facility that is 
        licensed as a residential program, as defined in section 
        245A.02, subdivision 14, by the commissioner of human services 
        under chapter 245A, or the commissioner of corrections under 
        section 241.021, whose staff are trained in the supervision of 
        sex offenders; and 
           (4) "sex predatory offender" and "offender" mean a person 
        who has been: 
           (i) convicted of an offense for which registration under 
        section 243.166 is required; 
           (ii) committed pursuant to a court commitment order under 
        section 253B.185 or Minnesota Statutes 1992, section 526.10, 
        regardless of whether the person was convicted of any offense; 
        or 
           (iii) committed pursuant to a court commitment order under 
        section 253B.18, under the circumstances described in section 
        243.166, subdivision 1, paragraph (d) is required to register as 
        a predatory offender under section 243.166.  However, the terms 
        do not include persons required to register based solely on a 
        delinquency adjudication. 
           Subd. 2.  [RISK ASSESSMENT SCALE.] By January 1, 1997, the 
        commissioner of corrections shall develop a risk assessment 
        scale which assigns weights to the various risk factors listed 
        in subdivision 3, paragraph (g), and specifies the risk level to 
        which offenders with various risk assessment scores shall be 
        assigned.  In developing this scale, the commissioner shall 
        consult with county attorneys, treatment professionals, law 
        enforcement officials, and probation officers. 
           Subd. 3.  [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The 
        commissioner of corrections shall establish and administer 
        end-of-confinement review committees at each state correctional 
        facility and at each state treatment facility where sex 
        predatory offenders are confined.  The committees shall assess 
        on a case-by-case basis the public risk posed by sex predatory 
        offenders who are about to be released from confinement. 
           (b) Each committee shall be a standing committee and shall 
        consist of the following members appointed by the commissioner: 
           (1) the chief executive officer or head of the correctional 
        or treatment facility where the offender is currently confined, 
        or that person's designee; 
           (2) a law enforcement officer; 
           (3) a treatment professional who is trained in the 
        assessment of sex offenders; 
           (4) a caseworker experienced in supervising sex offenders; 
        and 
           (5) a victim's services professional. 
           Members of the committee, other than the facility's chief 
        executive officer or head, shall be appointed by the 
        commissioner to two-year terms.  The chief executive officer or 
        head of the facility or designee shall act as chair of the 
        committee and shall use the facility's staff, as needed, to 
        administer the committee, obtain necessary information from 
        outside sources, and prepare risk assessment reports on 
        offenders. 
           (c) The committee shall have access to the following data 
        on a sex predatory offender only for the purposes of its 
        assessment and to defend the committee's risk assessment 
        determination upon administrative review under this section: 
           (1) private medical data under section 13.42 or 144.335, or 
        welfare data under section 13.46 that relate to medical 
        treatment of the offender; 
           (2) private and confidential court services data under 
        section 13.84; 
           (3) private and confidential corrections data under section 
        13.85; and 
           (4) private criminal history data under section 13.87. 
           Data collected and maintained by the committee under this 
        paragraph may not be disclosed outside the committee, except as 
        provided under section 13.05, subdivision 3 or 4.  The sex 
        predatory offender has access to data on the offender collected 
        and maintained by the committee, unless the data are 
        confidential data received under this paragraph. 
           (d)(i) Except as otherwise provided in item (ii), at least 
        90 days before a sex predatory offender is to be released from 
        confinement, the commissioner of corrections shall convene the 
        appropriate end-of-confinement review committee for the purpose 
        of assessing the risk presented by the offender and determining 
        the risk level to which the offender shall be assigned under 
        paragraph (e).  The offender and the law enforcement agency that 
        was responsible for the charge resulting in confinement shall be 
        notified of the time and place of the committee's meeting.  The 
        offender has a right to be present and be heard at the meeting.  
        The law enforcement agency may provide material in writing that 
        is relevant to the offender's risk level to the chair of the 
        committee.  The committee shall use the risk factors described 
        in paragraph (g) and the risk assessment scale developed under 
        subdivision 2 to determine the offender's risk assessment score 
        and risk level.  Offenders scheduled for release from 
        confinement shall be assessed by the committee established at 
        the facility from which the offender is to be released.  
           (ii) If an offender is received for confinement in a 
        facility with less than 90 days remaining in the offender's term 
        of confinement, the offender's risk shall be assessed at the 
        first regularly scheduled end of confinement review committee 
        that convenes after the appropriate documentation for the risk 
        assessment is assembled by the committee.  The commissioner 
        shall make reasonable efforts to ensure that offender's risk is 
        assessed and a risk level is assigned or reassigned at least 30 
        days before the offender's release date. 
           (e) The committee shall assign to risk level I a sex 
        predatory offender whose risk assessment score indicates a low 
        risk of reoffense.  The committee shall assign to risk level II 
        an offender whose risk assessment score indicates a moderate 
        risk of reoffense.  The committee shall assign to risk level III 
        an offender whose risk assessment score indicates a high risk of 
        reoffense. 
           (f) Before the sex predatory offender is released from 
        confinement, the committee shall prepare a risk assessment 
        report which specifies the risk level to which the offender has 
        been assigned and the reasons underlying the committee's risk 
        assessment decision.  The committee shall give the report to the 
        offender and to the law enforcement agency at least 60 days 
        before an offender is released from confinement.  If the risk 
        assessment is performed under the circumstances described in 
        paragraph (d), item (ii), the report shall be given to the 
        offender and the law enforcement agency as soon as it is 
        available.  The committee also shall inform the offender of the 
        availability of review under subdivision 6. 
           (g) As used in this subdivision, "risk factors" includes, 
        but is not limited to, the following factors: 
           (1) the seriousness of the offense should the offender 
        reoffend.  This factor includes consideration of the following:  
           (i) the degree of likely force or harm; 
           (ii) the degree of likely physical contact; and 
           (iii) the age of the likely victim; 
           (2) the offender's prior offense history.  This factor 
        includes consideration of the following: 
           (i) the relationship of prior victims to the offender; 
           (ii) the number of prior offenses or victims; 
           (iii) the duration of the offender's prior offense history; 
           (iv) the length of time since the offender's last prior 
        offense while the offender was at risk to commit offenses; and 
           (v) the offender's prior history of other antisocial acts; 
           (3) the offender's characteristics.  This factor includes 
        consideration of the following:  
           (i) the offender's response to prior treatment efforts; and 
           (ii) the offender's history of substance abuse; 
           (4) the availability of community supports to the offender. 
        This factor includes consideration of the following: 
           (i) the availability and likelihood that the offender will 
        be involved in therapeutic treatment; 
           (ii) the availability of residential supports to the 
        offender, such as a stable and supervised living arrangement in 
        an appropriate location; 
           (iii) the offender's familial and social relationships, 
        including the nature and length of these relationships and the 
        level of support that the offender may receive from these 
        persons; and 
           (iv) the offender's lack of education or employment 
        stability; 
           (5) whether the offender has indicated or credible evidence 
        in the record indicates that the offender will reoffend if 
        released into the community; and 
           (6) whether the offender demonstrates a physical condition 
        that minimizes the risk of reoffense, including but not limited 
        to, advanced age or a debilitating illness or physical condition.
           (h) Upon the request of the law enforcement agency or the 
        offender's corrections agent, the commissioner may reconvene the 
        end-of-confinement review committee for the purpose of 
        reassessing the risk level to which an offender has been 
        assigned under paragraph (e).  In a request for a reassessment, 
        the law enforcement agency which was responsible for the charge 
        resulting in confinement or agent shall list the facts and 
        circumstances arising after the initial assignment or facts and 
        circumstances known to law enforcement or the agent but not 
        considered by the committee under paragraph (e) which support 
        the request for a reassessment.  The request for reassessment 
        must occur within 30 days of receipt of the report indicating 
        the offender's risk level assignment.  Upon review of the 
        request, the end-of-confinement review committee may reassign an 
        offender to a different risk level.  If the offender is 
        reassigned to a higher risk level, the offender has the right to 
        seek review of the committee's determination under subdivision 6.
           (i) An offender may request the end-of-confinement review 
        committee to reassess the offender's assigned risk level after 
        two three years have elapsed since the committee's initial risk 
        assessment and may renew the request once every two years 
        following subsequent denials.  In a request for reassessment, 
        the offender shall list the facts and circumstances which 
        demonstrate that the offender no longer poses the same degree of 
        risk to the community.  The committee shall follow the process 
        outlined in paragraphs (a) to (e), and (g) in the reassessment.  
        An offender who is incarcerated may not request a reassessment 
        under this paragraph. 
           (j) The commissioner shall establish an end-of-confinement 
        review committee to assign a risk level to offenders who are 
        released from a federal correctional facility in Minnesota or 
        another state and who intend to reside in Minnesota, and to 
        offenders accepted from another state under a reciprocal 
        agreement for parole supervision under the interstate compact 
        authorized by section 243.16.  The committee shall make 
        reasonable efforts to conform to the same timelines as applied 
        to Minnesota cases.  Offenders accepted from another state under 
        a reciprocal agreement for probation supervision are not 
        assigned a risk level, but are considered downward dispositional 
        departures.  The probation or court services officer and law 
        enforcement officer shall manage such cases in accordance with 
        section 244.10, subdivision 2a.  The policies and procedures of 
        the committee for federal offenders and interstate compact cases 
        must be in accordance with all requirements as set forth in this 
        section, unless restrictions caused by the nature of federal or 
        interstate transfers prevents such conformance. 
           (k) If the committee assigns a sex predatory offender to 
        risk level III, the committee shall determine whether residency 
        restrictions shall be included in the conditions of the 
        offender's release based on the offender's pattern of offending 
        behavior. 
           Subd. 4.  [LAW ENFORCEMENT AGENCY; DISCLOSURE OF 
        INFORMATION TO PUBLIC.] (a) The law enforcement agency in the 
        area where the sex predatory offender resides, expects to 
        reside, is employed, or is regularly found, shall disclose to 
        the public any information regarding the offender contained in 
        the report forwarded to the agency under subdivision 3, 
        paragraph (f), that is relevant and necessary to protect the 
        public and to counteract the offender's dangerousness, 
        consistent with the guidelines in paragraph (b).  The extent of 
        the information disclosed and the community to whom disclosure 
        is made must relate to the level of danger posed by the 
        offender, to the offender's pattern of offending behavior, and 
        to the need of community members for information to enhance 
        their individual and collective safety. 
           (b) The law enforcement agency shall employ the following 
        guidelines in determining the scope of disclosure made under 
        this subdivision: 
           (1) if the offender is assigned to risk level I, the agency 
        may maintain information regarding the offender within the 
        agency and may disclose it to other law enforcement agencies.  
        Additionally, the agency may disclose the information to any 
        victims of or witnesses to the offense committed by the 
        offender. The agency shall disclose the information to victims 
        of the offense committed by the offender who have requested 
        disclosure; 
           (2) if the offender is assigned to risk level II, the 
        agency also may disclose the information to agencies and groups 
        that the offender is likely to encounter for the purpose of 
        securing those institutions and protecting individuals in their 
        care while they are on or near the premises of the institution.  
        These agencies and groups include the staff members of public 
        and private educational institutions, day care establishments, 
        and establishments and organizations that primarily serve 
        individuals likely to be victimized by the offender.  The agency 
        also may disclose the information to individuals the agency 
        believes are likely to be victimized by the offender.  The 
        agency's belief shall be based on the offender's pattern of 
        offending or victim preference as documented in the information 
        provided by the department of corrections or human services; 
           (3) if the offender is assigned to risk level III, the 
        agency shall disclose the information to the persons and 
        entities described in clauses (1) and (2) and to other members 
        of the community whom the offender is likely to encounter, 
        unless the law enforcement agency determines that public safety 
        would be compromised by the disclosure or that a more limited 
        disclosure is necessary to protect the identity of the victim. 
           Notwithstanding the assignment of a sex predatory offender 
        to risk level II or III, a law enforcement agency may not make 
        the disclosures permitted or required by clause (2) or (3), if:  
        the offender is placed or resides in a residential facility.  
        However, if an offender is placed or resides in a residential 
        facility, the offender and the head of the facility shall 
        designate the offender's likely residence upon release from the 
        facility and the head of the facility shall notify the 
        commissioner of corrections or the commissioner of human 
        services of the offender's likely residence at least 14 days 
        before the offender's scheduled release date.  The commissioner 
        shall give this information to the law enforcement agency having 
        jurisdiction over the offender's likely residence.  The head of 
        the residential facility also shall notify the commissioner of 
        corrections or human services within 48 hours after finalizing 
        the offender's approved relocation plan to a permanent 
        residence.  Within five days after receiving this notification, 
        the appropriate commissioner shall give to the appropriate law 
        enforcement agency all relevant information the commissioner has 
        concerning the offender, including information on the risk 
        factors in the offender's history and the risk level to which 
        the offender was assigned.  After receiving this information, 
        the law enforcement agency shall make the disclosures permitted 
        or required by clause (2) or (3), as appropriate. 
           (c) As used in paragraph (b), clauses (2) and (3), "likely 
        to encounter" means that:  
           (1) the organizations or community members are in a 
        location or in close proximity to a location where the offender 
        lives or is employed, or which the offender visits or is likely 
        to visit on a regular basis, other than the location of the 
        offender's outpatient treatment program; and 
           (2) the types of interaction which ordinarily occur at that 
        location and other circumstances indicate that contact with the 
        offender is reasonably certain. 
           (d) A law enforcement agency or official who discloses 
        information under this subdivision shall make a good faith 
        effort to make the notification within 14 days of receipt of a 
        confirmed address from the department of corrections indicating 
        that the offender will be, or has been, released from 
        confinement, or accepted for supervision, or has moved to a new 
        address and will reside at the address indicated.  If a change 
        occurs in the release plan, this notification provision does not 
        require an extension of the release date.  
           (e) A law enforcement agency or official who discloses 
        information under this subdivision shall not disclose the 
        identity or any identifying characteristics of the victims of or 
        witnesses to the offender's offenses. 
           (f) A law enforcement agency shall continue to disclose 
        information on an offender as required by this subdivision for 
        as long as the offender is required to register under section 
        243.166. 
           (g) A law enforcement agency that is disclosing information 
        on an offender assigned to risk level III to the public under 
        this subdivision shall inform the commissioner of corrections 
        what information is being disclosed and forward this information 
        to the commissioner within two days of the agency's 
        determination.  The commissioner shall post this information on 
        the Internet as required in subdivision 4b. 
           Subd. 4a.  [LEVEL III OFFENDERS; LOCATION OF RESIDENCE.] 
        When an offender assigned to risk level III is released from 
        confinement or a residential facility to reside in the community 
        or changes residence while on supervised or conditional release, 
        the agency responsible for the offender's supervision shall take 
        into consideration the proximity of the offender's residence to 
        that of other level III offenders and, to the greatest extent 
        feasible, shall mitigate the concentration of level III 
        offenders. 
           Subd. 4b.  [LEVEL III OFFENDERS; MANDATORY POSTING OF 
        INFORMATION ON INTERNET.] The commissioner of corrections shall 
        create and maintain an Internet Web site and post on the site 
        the information about offenders assigned to risk level III 
        forwarded by law enforcement agencies under subdivision 4, 
        paragraph (g).  This information must be updated in a timely 
        manner to account for changes in the offender's address and 
        maintained for the period of time that the offender remains 
        subject to community notification as a level III offender. 
           Subd. 5.  [RELEVANT INFORMATION PROVIDED TO LAW 
        ENFORCEMENT.] At least 60 days before a sex predatory offender 
        is released from confinement, the department of corrections or 
        the department of human services, in the case of a person who 
        was committed under section 253B.185 or Minnesota Statutes 1992, 
        section 526.10, shall give to the law enforcement agency that 
        investigated the offender's crime of conviction or, where 
        relevant, the law enforcement agency having primary jurisdiction 
        where the offender was committed, all relevant information that 
        the departments have concerning the offender, including 
        information on risk factors in the offender's history.  Within 
        five days after receiving the offender's approved release plan 
        from the hearings and release unit, the appropriate department 
        shall give to the law enforcement agency having primary 
        jurisdiction where the offender plans to reside all relevant 
        information the department has concerning the offender, 
        including information on risk factors in the offender's history 
        and the risk level to which the offender was assigned.  If the 
        offender's risk level was assigned under the circumstances 
        described in subdivision 3, paragraph (d), item (ii), the 
        appropriate department shall give the law enforcement agency all 
        relevant information that the department has concerning the 
        offender, including information on the risk factors in the 
        offender's history and the offender's risk level within five 
        days of the risk level assignment or reassignment. 
           Subd. 6.  [ADMINISTRATIVE REVIEW.] (a) An offender assigned 
        or reassigned to risk level II or III under subdivision 3, 
        paragraph (e) or (h), has the right to seek administrative 
        review of an end-of-confinement review committee's risk 
        assessment determination.  The offender must exercise this right 
        within 14 days of receiving notice of the committee's decision 
        by notifying the chair of the committee.  Upon receiving the 
        request for administrative review, the chair shall notify:  (1) 
        the offender; (2) the victim or victims of the offender's 
        offense who have requested disclosure or their designee; (3) the 
        law enforcement agency that investigated the offender's crime of 
        conviction or, where relevant, the law enforcement agency having 
        primary jurisdiction where the offender was committed; (4) the 
        law enforcement agency having jurisdiction where the offender 
        expects to reside, providing that the release plan has been 
        approved by the hearings and release unit of the department of 
        corrections; and (5) any other individuals the chair may 
        select.  The notice shall state the time and place of the 
        hearing.  A request for a review hearing shall not interfere 
        with or delay the notification process under subdivision 4 or 5, 
        unless the administrative law judge orders otherwise for good 
        cause shown. 
           (b) An offender who requests a review hearing must be given 
        a reasonable opportunity to prepare for the hearing.  The review 
        hearing shall be conducted on the record before an 
        administrative law judge.  The review hearing shall be conducted 
        at the correctional facility in which the offender is currently 
        confined.  If the offender no longer is incarcerated, the 
        administrative law judge shall determine the place where the 
        review hearing will be conducted.  The offender has the burden 
        of proof to show, by a preponderance of the evidence, that the 
        end-of-confinement review committee's risk assessment 
        determination was erroneous.  The attorney general or a designee 
        shall defend the end-of-confinement review committee's 
        determination.  The offender has the right to be present and be 
        represented by counsel at the hearing, to present evidence in 
        support of the offender's position, to call supporting witnesses 
        and to cross-examine witnesses testifying in support of the 
        committee's determination.  Counsel for indigent offenders shall 
        be provided by the Legal Advocacy Project of the state public 
        defender's office.  
           (c) After the hearing is concluded, the administrative law 
        judge shall decide whether the end-of-confinement review 
        committee's risk assessment determination was erroneous and, 
        based on this decision, shall either uphold or modify the review 
        committee's determination.  The judge's decision shall be in 
        writing and shall include the judge's reasons for the decision.  
        The judge's decision shall be final and a copy of it shall be 
        given to the offender, the victim, the law enforcement agency, 
        and the chair of the end-of-confinement review committee. 
           (d) The review hearing is subject to the contested case 
        provisions of chapter 14. 
           (e) The administrative law judge may seal any portion of 
        the record of the administrative review hearing to the extent 
        necessary to protect the identity of a victim of or witness to 
        the offender's offense. 
           Subd. 7.  [IMMUNITY FROM LIABILITY.] (a) A state or local 
        agency or official, or a private organization or individual 
        authorized to act on behalf of a state or local agency or 
        official, is not civilly or criminally liable for disclosing or 
        failing to disclose information as permitted by this section.  
           (b) A state or local agency or official, or a private 
        organization or individual authorized to act on behalf of a 
        state or local agency or official, is not civilly liable for 
        failing to disclose information under this section. 
           (c) A state or local agency or official, or a private 
        organization or individual authorized to act on behalf of a 
        state or local agency or official, is not civilly liable for 
        disclosing information as permitted by this section.  However, 
        this paragraph applies only to disclosure of information that is 
        consistent with the offender's conviction history.  It does not 
        apply to disclosure of information relating to conduct for which 
        the offender was not convicted. 
           Subd. 8.  [LIMITATION ON SCOPE.] Nothing in this section 
        imposes a duty upon a person licensed under chapter 82, or an 
        employee of the person, to disclose information regarding an 
        offender who is required to register under section 243.166, or 
        about whom notification is made under this section. 
           Sec. 13.  Minnesota Statutes 1998, section 244.10, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [NOTICE OF INFORMATION REGARDING SEX PREDATORY 
        OFFENDERS.] (a) Subject to paragraph (b), in any case in which a 
        person is convicted of an offense which requires registration 
        under section 243.166, subdivision 1, and the presumptive 
        sentence under the sentencing guidelines is commitment to the 
        custody of the commissioner of corrections, if the court grants 
        a dispositional departure and stays imposition or execution of 
        sentence, the probation or court services officer who is 
        assigned to supervise the offender shall provide in writing to 
        the following the fact that the offender is on probation and the 
        terms and conditions of probation: 
           (1) a victim of and any witnesses to the offense committed 
        by the offender, if the victim or the witness has requested 
        notice; and 
           (2) the chief law enforcement officer in the area where the 
        offender resides or intends to reside. 
           The law enforcement officer, in consultation with the 
        offender's probation officer, may provide all or part of this 
        information to any of the following agencies or groups the 
        offender is likely to encounter:  public and private educational 
        institutions, day care establishments, and establishments or 
        organizations that primarily serve individuals likely to be 
        victimized by the offender. 
           The probation officer is not required under this 
        subdivision to provide any notice while the offender is placed 
        or resides in a residential facility that is licensed under 
        section 245A.02, subdivision 14, or 241.021, if the facility 
        staff is trained in the supervision of sex offenders. 
           (b) Paragraph (a) applies only to offenders required to 
        register under section 243.166, as a result of the conviction. 
           (c) The notice authorized by paragraph (a) shall be limited 
        to data classified as public under section 13.84, subdivision 6, 
        unless the offender provides informed consent to authorize the 
        release of nonpublic data or unless a court order authorizes the 
        release of nonpublic data. 
           (c) (d) Nothing in this subdivision shall be interpreted to 
        impose a duty on any person to use any information regarding an 
        offender about whom notification is made under this subdivision. 
           Sec. 14.  [299C.093] [DATABASE OF REGISTERED PREDATORY 
        OFFENDERS.] 
           The superintendent of the bureau of criminal apprehension 
        shall maintain a computerized data system relating to 
        individuals required to register as predatory offenders under 
        section 243.166.  To the degree feasible, the system must 
        include the information required to be provided under section 
        243.166, subdivisions 4 and 4a, and indicate the time period 
        that the person is required to register.  The superintendent 
        shall maintain this information in a manner that ensures that it 
        is readily available to law enforcement agencies.  This 
        information is private data on individuals under section 13.02, 
        subdivision 12, but may be used for law enforcement and 
        corrections purposes. 
           Sec. 15.  [REPORT.] 
           By January 15, 2001, the superintendent of the bureau of 
        criminal apprehension shall report to the chairs of the senate 
        and house of representatives committees and divisions having 
        jurisdiction over criminal justice funding.  The report must 
        specify how the money appropriated in this act was spent and how 
        the policy changes made in this act relating to the bureau were 
        implemented. 
           Sec. 16.  [EFFECTIVE DATES.] 
           (a) Section 10 is effective the day following final 
        enactment. 
           (b) Section 6 is effective August 1, 2000, and applies to 
        crimes committed on or after that date.  However, a conviction 
        or adjudication for violating Minnesota Statutes, section 
        243.166, occurring before August 1, 2000, shall be considered a 
        prior conviction or adjudication under Minnesota Statutes, 
        section 243.166, subdivision 5, paragraph (c). 
           (c) The provisions of section 7 that pertain to lifetime 
        registration are effective August 1, 2000, and apply to persons 
        who commit offenses requiring lifetime registration on or after 
        that date. 
           (d) Sections 2 and 9 and the provisions of sections 4 and 8 
        that pertain to making information available to the public 
        through electronic, computerized, or other accessible means are 
        effective August 1, 2000, and apply to offenders who are out of 
        compliance with Minnesota Statutes, section 243.166, on or after 
        that date. 
           (e) The provisions of section 12 that pertain to posting 
        information on the Internet are effective August 1, 2000, and 
        apply to offenders classified at risk level III and subject to 
        community notification under Minnesota Statutes, section 
        244.052, on or after that date. 
           (f) Section 13 and the remaining provisions of section 12 
        are effective August 1, 2000, and apply to persons released from 
        confinement or sentenced on or after that date. 
           (g) Sections 14 and 15 and the remaining provisions of 
        section 8 are effective August 1, 2000. 
           (h) Sections 1, 3, and 5, and the remaining provisions of 
        sections 4 and 7 are effective August 1, 2000, and apply to 
        persons released from confinement, sentenced, subject to 
        registration, or who commit offenses on or after that date. 

                                   ARTICLE 3
                             NAME CHANGE PROVISIONS 
           Section 1.  Minnesota Statutes 1998, section 259.11, is 
        amended to read: 
           259.11 [ORDER; FILING COPIES.] 
           (a) Upon meeting the requirements of section 259.10, the 
        court shall grant the application unless:  (1) it finds that 
        there is an intent to defraud or mislead; (2) section 259.13 
        prohibits granting the name change; or (3) in the case of the 
        change of a minor child's name, the court finds that such name 
        change is not in the best interests of the child.  The court 
        shall set forth in the order the name and age of the applicant's 
        spouse and each child of the applicant, if any, and shall state 
        a description of the lands, if any, in which the applicant and 
        the spouse and children, if any, claim to have an interest.  The 
        court administrator shall file such order, and record the same 
        in the judgment book.  If lands be described therein, a 
        certified copy of the order shall be filed for record, by the 
        applicant, with the county recorder of each county wherein any 
        of the same are situated.  Before doing so the court 
        administrator shall present the same to the county auditor who 
        shall enter the change of name in the auditor's official records 
        and note upon the instrument, over an official signature, the 
        words "change of name recorded."  Any such order shall not be 
        filed, nor any certified copy thereof be issued, until the 
        applicant shall have paid to the county recorder and court 
        administrator the fee required by law.  No application shall be 
        denied on the basis of the marital status of the applicant. 
           (b) When a person applies for a name change, the court 
        shall determine whether the person has been convicted of a 
        felony in this or any other state.  If so, the court shall, 
        within ten days after the name change application is granted, 
        report the name change to the bureau of criminal apprehension.  
        The person whose name is changed shall also report the change to 
        the bureau of criminal apprehension within ten days.  The court 
        granting the name change application must explain this reporting 
        duty in its order.  Any person required to report the person's 
        name change to the bureau of criminal apprehension who fails to 
        report the name change as required under this paragraph is 
        guilty of a gross misdemeanor. 
           Sec. 2.  [259.115] [CRIMINAL PENALTIES.] 
           A person who has a felony conviction under Minnesota law or 
        the law of another state or federal jurisdiction and who does 
        any of the following is guilty of a gross misdemeanor: 
           (1) upon marriage, uses a different surname from that used 
        before marriage without complying with section 259.13; 
           (2) upon marriage dissolution or legal separation, uses a 
        different surname from that used during marriage without 
        complying with section 259.13; or 
           (3) with the intent to defraud or mislead, or to cause 
        injury to or harass another, uses a different name without 
        complying with section 259.13. 
           Sec. 3.  [259.13] [PERSONS WITH FELONY CONVICTION; NAME 
        CHANGES.] 
           Subdivision 1.  [PROCEDURE FOR SEEKING NAME CHANGE.] (a) A 
        person with a felony conviction under Minnesota law or the law 
        of another state or federal jurisdiction shall serve a notice of 
        application for a name change on the prosecuting authority that 
        obtained the conviction against the person when seeking a name 
        change through one of the following procedures: 
           (1) an application for a name change under section 259.10; 
           (2) a request for a name change as part of an application 
        for a marriage license under section 517.08; or 
           (3) a request for a name change in conjunction with a 
        marriage dissolution under section 518.27. 
        If the conviction is from another state or federal jurisdiction, 
        notice of application must also be served on the attorney 
        general. 
           (b) A person who seeks a name change under section 259.10 
        or 518.27 shall file proof of service with the court as part of 
        the name change request.  A person who seeks a name change under 
        section 517.08 shall file proof of service with the county as 
        part of the application for a marriage license. 
           (c) The name change request may not be granted during the 
        30-day period provided for in subdivision 2 or, if an objection 
        is filed under subdivision 2, until satisfaction of the 
        requirements in subdivision 3 or 4.  Nothing in this section 
        shall delay the granting of a marriage license under section 
        517.08, which may be granted without the name change. 
           Subd. 2.  [OBJECTION BY PROSECUTING AUTHORITY.] At any time 
        within 30 days from the date of service of the notice of 
        application for a name change under this section, the 
        prosecuting authority or the attorney general may file an 
        objection to the application for a name change.  The objection 
        may be made on the basis that the request aims to defraud or 
        mislead, is not made in good faith, will cause injury to a 
        person, or will compromise public safety.  If an objection to 
        the application for a name change is filed within this time 
        period, the court may not grant the name change request, and the 
        county may not allow the name change as part of a marriage 
        license. 
           Subd. 3.  [MOTION TO GRANT NAME CHANGE REQUEST.] A person 
        who seeks a name change may contest the prosecuting authority's 
        or attorney general's objection by filing a motion with the 
        court for an order permitting the requested name change.  Except 
        as provided in subdivision 4, no name change shall be granted 
        unless the person requesting it proves by clear and convincing 
        evidence that the request is not based upon an intent to defraud 
        or mislead, is made in good faith, will not cause injury to a 
        person, and will not compromise public safety. 
           Subd. 4.  [CONSTITUTIONAL RIGHT TO NAME CHANGE.] The court 
        shall grant a name change if failure to allow it would infringe 
        on a constitutional right of the person. 
           Subd. 5.  [COSTS.] A person seeking a name change under 
        this section may proceed in forma pauperis only when the failure 
        to allow the name change would infringe upon a constitutional 
        right. 
           Subd. 6.  [CRIMINAL PENALTY.] A person who knowingly 
        violates this section is guilty of a gross misdemeanor. 
           Sec. 4.  Minnesota Statutes 1998, section 517.08, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  Application for a marriage license shall be made 
        upon a form provided for the purpose and shall contain the 
        following information: 
           (1) the full names of the parties and the sex of each 
        party; 
           (2) their post office addresses and county and state of 
        residence; 
           (3) their full ages; 
           (4) if either party has previously been married, the 
        party's married name, and the date, place and court in which the 
        marriage was dissolved or annulled or the date and place of 
        death of the former spouse; 
           (5) if either party is a minor, the name and address of the 
        minor's parents or guardian; 
           (6) whether the parties are related to each other, and, if 
        so, their relationship; 
           (7) the name and date of birth of any child of which both 
        parties are parents, born before the making of the application, 
        unless their parental rights and the parent and child 
        relationship with respect to the child have been terminated; 
           (8) address of the bride and groom after the marriage to 
        which the court administrator shall send a certified copy of the 
        marriage certificate; and 
           (9) the full names the parties will have after marriage and 
        the parties' social security numbers.  The social security 
        numbers must be collected for the application but must not 
        appear on the marriage license; 
           (10) if one or both of the parties to the marriage license 
        has a felony conviction under Minnesota law or the law of 
        another state or federal jurisdiction, the parties shall provide 
        to the county proof of service upon the prosecuting authority 
        and, if applicable, the attorney general, as required by section 
        259.13; and 
           (11) notice that a party who has a felony conviction under 
        Minnesota law or the law of another state or federal 
        jurisdiction may not use a different surname after marriage 
        except as authorized by section 259.13, and that doing so is a 
        gross misdemeanor. 
           Sec. 5.  Minnesota Statutes 1998, section 517.08, 
        subdivision 1b, is amended to read: 
           Subd. 1b.  [TERM OF LICENSE; FEE.] (a) The court 
        administrator shall examine upon oath the party applying for a 
        license relative to the legality of the contemplated marriage.  
        If at the expiration of a five-day period, on being satisfied 
        that there is no legal impediment to it, including the 
        restriction contained in section 259.13, the court administrator 
        shall issue the license, containing the full names of the 
        parties before and after marriage, and county and state of 
        residence, with the district court seal attached, and make a 
        record of the date of issuance.  The license shall be valid for 
        a period of six months.  In case of emergency or extraordinary 
        circumstances, a judge of the district court of the county in 
        which the application is made, may authorize the license to be 
        issued at any time before the expiration of the five days.  The 
        court administrator shall collect from the applicant a fee of 
        $70 for administering the oath, issuing, recording, and filing 
        all papers required, and preparing and transmitting to the state 
        registrar of vital statistics the reports of marriage required 
        by this section.  If the license should not be used within the 
        period of six months due to illness or other extenuating 
        circumstances, it may be surrendered to the court administrator 
        for cancellation, and in that case a new license shall issue 
        upon request of the parties of the original license without 
        fee.  A court administrator who knowingly issues or signs a 
        marriage license in any manner other than as provided in this 
        section shall pay to the parties aggrieved an amount not to 
        exceed $1,000. 
           (b) If section 259.13 applies to the request for a marriage 
        license, the court administrator shall grant the marriage 
        license without the requested name change.  Alternatively, the 
        court administrator may delay the granting of the marriage 
        license until the party with the conviction: 
           (1) certifies under oath that 30 days have passed since 
        service of the notice for a name change upon the prosecuting 
        authority and, if applicable, the attorney general and no 
        objection has been filed under section 259.13; or 
           (2) provides a certified copy of the court order granting 
        it.  The parties seeking the marriage license shall have the 
        right to choose to have the license granted without the name 
        change or to delay its granting pending further action on the 
        name change request. 
           Sec. 6.  Minnesota Statutes 1998, section 518.27, is 
        amended to read: 
           518.27 [NAME OF PARTY.] 
           Except as provided in section 259.13, in the final decree 
        of dissolution or legal separation the court shall, if requested 
        by a party, change the name of that party to another name as the 
        party requests.  The court shall grant a request unless it finds 
        that there is an intent to defraud or mislead, unless the name 
        change is subject to section 259.13, in which case the 
        requirements of that section apply.  The court shall notify the 
        parties that use of a different surname after dissolution or 
        legal separation without complying with section 259.13, if 
        applicable, is a gross misdemeanor.  The party's new name shall 
        be so designated in the final decree.  
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 are effective August 1, 2000, and apply to 
        proceedings for a name change commenced and crimes committed on 
        or after that date. 

                                   ARTICLE 4
                      CRIMINAL AND EXPUNGEMENT PROVISIONS 
           Section 1.  Minnesota Statutes 1998, section 609.035, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [EXCEPTION; CRIMINAL SEXUAL CONDUCT 
        OFFENSES.] Notwithstanding subdivision 1, a prosecution or 
        conviction for committing a violation of sections 609.342 to 
        609.345 with force or violence is not a bar to conviction of or 
        punishment for any other crime committed by the defendant as 
        part of the same conduct.  If an offender is punished for more 
        than one crime as authorized by this subdivision and the court 
        imposes consecutive sentences for the crimes, the consecutive 
        sentences are not a departure from the sentencing guidelines. 
           Sec. 2.  Minnesota Statutes 1998, section 609.342, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PENALTY.] (a) Except as otherwise provided in 
        section 609.109, a person convicted under subdivision 1 may be 
        sentenced to imprisonment for not more than 30 years or to a 
        payment of a fine of not more than $40,000, or both. 
           (b) Unless a longer mandatory minimum sentence is otherwise 
        required by law or the sentencing guidelines provide for a 
        longer presumptive executed sentence, the court shall presume 
        that an executed sentence of 144 months must be imposed on an 
        offender convicted of violating this section.  Sentencing a 
        person in a manner other than that described in this paragraph 
        is a departure from the sentencing guidelines. 
           Sec. 3.  Minnesota Statutes 1998, section 609.352, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] As used in this section: 
           (a) "child" means a person under the age of 15 years of age 
        or younger; 
           (b) "sexual conduct" means sexual contact of the 
        individual's primary genital area, sexual penetration as defined 
        in section 609.341, or sexual performance as defined in section 
        617.246; and 
           (c) "solicit" means commanding, entreating, or attempting 
        to persuade a specific person in person, by telephone, by 
        letter, or by computerized or other electronic means. 
           Sec. 4.  Minnesota Statutes 1998, section 609.352, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PROHIBITED ACT.] A person 18 years of age or 
        older who solicits a child or someone the person reasonably 
        believes is a child to engage in sexual conduct with intent to 
        engage in sexual conduct is guilty of a felony and may be 
        sentenced to imprisonment for not more than three years, or to 
        payment of a fine of not more than $5,000, or both. 
           Sec. 5.  [609.353] [JURISDICTION.] 
           A violation or attempted violation of section 609.342, 
        609.343, 609.344, 609.345, 609.3451, or 609.352 may be 
        prosecuted in any jurisdiction in which the violation originates 
        or terminates. 
           Sec. 6.  Minnesota Statutes 1998, section 609.749, 
        subdivision 2, is amended to read: 
           Subd. 2.  [HARASSMENT AND STALKING CRIMES.] (a) A person 
        who harasses another by committing any of the following acts is 
        guilty of a gross misdemeanor: 
           (1) directly or indirectly manifests a purpose or intent to 
        injure the person, property, or rights of another by the 
        commission of an unlawful act; 
           (2) stalks, follows, or pursues another; 
           (3) returns to the property of another if the actor is 
        without claim of right to the property or consent of one with 
        authority to consent; 
           (4) repeatedly makes telephone calls, or induces a victim 
        to make telephone calls to the actor, whether or not 
        conversation ensues; 
           (5) makes or causes the telephone of another repeatedly or 
        continuously to ring; 
           (6) repeatedly mails or delivers or causes the delivery by 
        any means, including electronically, of letters, telegrams, 
        messages, packages, or other objects; or 
           (7) knowingly makes false allegations against a peace 
        officer concerning the officer's performance of official duties 
        with intent to influence or tamper with the officer's 
        performance of official duties. 
           (b) The conduct described in paragraph (a), clauses (4) and 
        (5), may be prosecuted at the place where any call is either 
        made or received.  The conduct described in paragraph (a), 
        clause (6), may be prosecuted where any letter, telegram, 
        message, package, or other object is either sent or received. 
           (c) A peace officer may not make a warrantless, custodial 
        arrest of any person for a violation of paragraph (a), clause 
        (7). 
           Sec. 7.  Minnesota Statutes 1998, section 609.795, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MISDEMEANORS.] Whoever does any of the 
        following is guilty of a misdemeanor: 
           (1) knowing that the actor does not have the consent of 
        either the sender or the addressee, intentionally opens any 
        sealed letter, telegram, or package addressed to another; or 
           (2) knowing that a sealed letter, telegram, or package has 
        been opened without the consent of either the sender or 
        addressee, intentionally publishes any of the contents thereof; 
        or 
           (3) with the intent to abuse, disturb, or cause distress, 
        repeatedly uses the mails or delivers or causes the delivery by 
        any means, including electronically, of letters, telegrams, or 
        packages. 
           Sec. 8.  Minnesota Statutes 1998, section 609A.03, is 
        amended to read: 
           609A.03 [PETITION TO EXPUNGE CRIMINAL RECORDS.] 
           Subdivision 1.  [PETITION; FILING FEE.] An individual who 
        is the subject of a criminal record who is seeking the 
        expungement of the record shall file a petition under this 
        section and pay a filing fee in the amount required under 
        section 357.021, subdivision 2, clause (1).  The filing fee may 
        be waived in cases of indigency and shall be waived in the cases 
        described in section 609A.02, subdivision 3.  
           Subd. 2.  [CONTENTS OF PETITION.] A petition for 
        expungement shall be signed under oath by the petitioner and 
        shall state the following: 
           (1) the petitioner's full name and all other legal names or 
        aliases by which the petitioner has been known at any time; 
           (2) the petitioner's date of birth; 
           (3) all of the petitioner's addresses from the date of the 
        offense or alleged offense in connection with which an 
        expungement order is sought, to the date of the petition; 
           (4) why expungement is sought, if it is for employment or 
        licensure purposes, the statutory or other legal authority under 
        which it is sought, and why it should be granted; 
           (5) the details of the offense or arrest for which 
        expungement is sought, including date and jurisdiction of the 
        occurrence, court file number, and date of conviction or of 
        dismissal; 
           (6) in the case of a conviction, what steps the petitioner 
        has taken since the time of the offense toward personal 
        rehabilitation, including treatment, work, or other personal 
        history that demonstrates rehabilitation; 
           (7) petitioner's criminal conviction record indicating all 
        convictions for misdemeanors, gross misdemeanors, or felonies in 
        this state, and for all comparable convictions in any other 
        state, federal court, or foreign country, whether the 
        convictions occurred before or after the arrest or conviction 
        for which expungement is sought; 
           (8) petitioner's criminal charges record indicating all 
        prior and pending criminal charges against the petitioner in 
        this state or another jurisdiction, including all criminal 
        charges that have been continued for dismissal or stayed for 
        adjudication, or have been the subject of pretrial diversion; 
        and 
           (9) all prior requests by the petitioner, whether for the 
        present offense or for any other offenses, in this state or any 
        other state or federal court, for pardon, return of arrest 
        records, or expungement or sealing of a criminal record, whether 
        granted or not, and all stays of adjudication or imposition of 
        sentence involving the petitioner. 
           Subd. 3.  [SERVICE OF PETITION AND PROPOSED ORDER.] The 
        petition for expungement and a proposed expungement order shall 
        be served by mail on the state and local government agencies and 
        jurisdictions whose records would be affected by the proposed 
        order.  Service shall also be made by mail on the attorney for 
        each agency and jurisdiction. 
           Subd. 4.  [HEARING.] A hearing on the petition shall be 
        held no sooner than 60 days after service of the petition.  
           Subd. 5.  [NATURE OF REMEDY; STANDARD; FIREARMS 
        RESTRICTION.] (a) Except as otherwise provided by paragraph (b), 
        expungement of a criminal record is an extraordinary remedy to 
        be granted only upon clear and convincing evidence that it would 
        yield a benefit to the petitioner commensurate with the 
        disadvantages to the public and public safety of: 
           (1) sealing the record; and 
           (2) burdening the court and public authorities to issue, 
        enforce, and monitor an expungement order. 
           (b) Except as otherwise provided by this paragraph, if the 
        petitioner is petitioning for the sealing of a criminal record 
        under section 609A.02, subdivision 3, the court shall grant the 
        petition to seal the record unless the agency or jurisdiction 
        whose records would be affected establishes by clear and 
        convincing evidence that the interests of the public and public 
        safety outweigh the disadvantages to the petitioner of not 
        sealing the record.  If a petitioner was found not guilty by 
        reason of mental illness, the court shall grant the petition to 
        seal the record unless the agency or jurisdiction whose records 
        would be affected establishes by a preponderance of the evidence 
        that the interests of the public and public safety outweigh the 
        disadvantages to the petitioner of not sealing the record.  
           (c) If the court issues an expungement order it may require 
        that the criminal record shall be sealed, the existence of the 
        record shall not be revealed, and the record should not be 
        opened except as required under subdivision 7.  Records shall 
        must not be destroyed or returned to the subject of the record.  
           (d) An order expunging the record of a conviction for a 
        crime of violence as defined in section 624.712, subdivision 5, 
        must provide that the person is not entitled to ship, transport, 
        possess, or receive a firearm until ten years have elapsed since 
        the order was entered and during that time the person was not 
        convicted of any other crime of violence.  Any person whose 
        record of conviction is expunged under this section and who 
        thereafter receives a relief of disability under United States 
        Code, title 18, section 925, is not subject to the restriction 
        in this paragraph.  
           Subd. 5a.  [ORDER CONCERNING CRIMES OF VIOLENCE.] An order 
        expunging the record of a conviction for a crime of violence as 
        defined in section 624.712, subdivision 5, must provide that the 
        person is not entitled to ship, transport, possess, or receive a 
        firearm until ten years have elapsed since the order was entered 
        and during that time the person was not convicted of any other 
        crime of violence.  Any person whose record of conviction is 
        expunged under this section and who thereafter receives a relief 
        of disability under United States Code, title 18, section 925, 
        is not subject to the restriction in this subdivision. 
           Subd. 6.  [ORDER CONCERNING CONTROLLED SUBSTANCE OFFENSES.] 
        If the court orders the sealing of the record of proceedings 
        under section 152.18, the effect of the order shall be to 
        restore the person, in the contemplation of the law, to the 
        status the person occupied before the arrest, indictment, or 
        information.  The person shall not be held guilty of perjury or 
        otherwise of giving a false statement if the person fails to 
        acknowledge the arrest, indictment, information, or trial in 
        response to any inquiry made for any purpose. 
           Subd. 7.  [LIMITATIONS OF ORDER.] (a) Upon issuance of an 
        expungement order related to a charge supported by probable 
        cause, the DNA samples and DNA records held by the bureau of 
        criminal apprehension shall not be sealed, returned to the 
        subject of the record, or destroyed. 
           (b) Notwithstanding the issuance of an expungement order: 
           (1) an expunged record may be opened for purposes of a 
        criminal investigation, prosecution, or sentencing, upon an ex 
        parte court order; and 
           (2) an expunged record of a conviction may be opened for 
        purposes of evaluating a prospective employee in a criminal 
        justice agency without a court order. 
           Upon request by law enforcement, prosecution, or 
        corrections authorities, an agency or jurisdiction subject to an 
        expungement order shall inform the requester of the existence of 
        a sealed record and of the right to obtain access to it as 
        provided by this paragraph.  For purposes of this section, a 
        "criminal justice agency" means courts or a government agency 
        that performs the administration of criminal justice under 
        statutory authority.  
           Subd. 8.  [STAY OF ORDER; APPEAL DISTRIBUTION OF 
        EXPUNGEMENT ORDERS.] An expungement order shall be automatically 
        stayed for 60 days after filing of the order and, if the order 
        is appealed, during the appeal period.  A person or an agency or 
        jurisdiction whose records would be affected by the order may 
        appeal the order within 60 days of service of notice of filing 
        of the order.  An agency or jurisdiction or officials or 
        employees thereof need not file a cost bond or supersedeas bond 
        in order to further stay the proceedings or file an appeal. The 
        court administrator shall send a copy of an expungement order to 
        each agency and jurisdiction whose records are affected by the 
        terms of the order. 
           Subd. 9.  [DISTRIBUTION OF EXPUNGEMENT ORDERS STAY OF 
        ORDER; APPEAL.] If an expungement order is issued, the court 
        administrator shall send a copy of it to each agency and 
        jurisdiction whose records are affected by the terms of the 
        order. An expungement order shall be stayed automatically for 60 
        days after the order is filed and, if the order is appealed, 
        during the appeal period.  A person or an agency or jurisdiction 
        whose records would be affected by the order may appeal the 
        order within 60 days of service of notice of filing of the order.
        An agency or jurisdiction or its officials or employees need not 
        file a cost bond or supersedeas bond in order to further stay 
        the proceedings or file an appeal. 
           Sec. 9.  Minnesota Statutes 1998, section 628.26, is 
        amended to read: 
           628.26 [LIMITATIONS.] 
           (a) Indictments or complaints for murder any crime 
        resulting in the death of the victim may be found or made at any 
        time after the death of the person killed.  
           (b) Indictments or complaints for a violation of section 
        609.25 may be found or made at any time after the commission of 
        the offense. 
           (b) (c) 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) (d) 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 nine 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) (e) Notwithstanding the limitations in paragraph (c), 
        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 may be found or made and filed in 
        the proper court at any time after commission of the offense, if 
        physical evidence is collected and preserved that is capable of 
        being tested for its DNA characteristics.  If this evidence is 
        not collected and preserved and the victim was 18 years old or 
        older at the time of the offense, the prosecution must be 
        commenced within nine years after the commission of the offense. 
           (e) (f) Indictments or complaints for violation of sections 
        609.466 and 609.52, subdivision 2, clause (3)(c), item (iii), 
        shall be found or made and filed in the proper court within six 
        years after the commission of the offense. 
           (f) (g) Indictments or complaints for violation of section 
        609.52, subdivision 2, clause (3), items (a) and (b) (i) and 
        (ii), (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) (h) 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) (i) 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) (j) 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) (k) 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) (l) 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. 
           (1) (m) The limitations periods contained in this section 
        shall not include any period of time during which physical 
        evidence relating to the offense was undergoing DNA analysis, as 
        defined in section 299C.155, unless the defendant demonstrates 
        that the prosecuting or law enforcement agency purposefully 
        delayed the DNA analysis process in order to gain an unfair 
        advantage. 
           Sec. 10.  [EFFECTIVE DATES.] 
           Sections 1 to 5, 7, and 8 are effective August 1, 2000, and 
        apply to crimes committed and expungement petitions filed on or 
        after that date.  Section 6 is effective the day following final 
        enactment and applies to crimes committed on or after that 
        date.  Section 9 is effective August 1, 2000, and applies to 
        crimes committed on or after that date and to crimes committed 
        before that date if the limitation period for the crime did not 
        expire before August 1, 2000. 

                                   ARTICLE 5
                          CRIMINAL JUSTICE INFORMATION
                     TECHNOLOGY AND INTEGRATION PROVISIONS
           Section 1.  Minnesota Statutes 1998, section 299C.65, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [MEMBERSHIP, DUTIES.] (a) The criminal and 
        juvenile justice information policy group consists of the chair 
        of the sentencing guidelines commission, the commissioner of 
        corrections, the commissioner of public safety, the commissioner 
        of administration, the commissioner of finance, and the state 
        court administrator four members of the judicial branch 
        appointed by the chief justice of the supreme court. 
           (b) The policy group shall study and make recommendations 
        to the governor, the supreme court, and the legislature on:  
           (1) a framework for integrated criminal justice information 
        systems, including the development and maintenance of a 
        community data model for state, county, and local criminal 
        justice information; 
           (2) the responsibilities of each entity within the criminal 
        and juvenile justice systems concerning the collection, 
        maintenance, dissemination, and sharing of criminal justice 
        information with one another; 
           (3) actions necessary to ensure that information maintained 
        in the criminal justice information systems is accurate and 
        up-to-date; 
           (4) the development of an information system containing 
        criminal justice information on gross misdemeanor-level and 
        felony-level juvenile offenders that is part of the integrated 
        criminal justice information system framework; 
           (5) the development of an information system containing 
        criminal justice information on misdemeanor arrests, 
        prosecutions, and convictions that is part of the integrated 
        criminal justice information system framework; 
           (6) comprehensive training programs and requirements for 
        all individuals in criminal justice agencies to ensure the 
        quality and accuracy of information in those systems; 
           (7) continuing education requirements for individuals in 
        criminal justice agencies who are responsible for the 
        collection, maintenance, dissemination, and sharing of criminal 
        justice data; 
           (8) a periodic audit process to ensure the quality and 
        accuracy of information contained in the criminal justice 
        information systems; 
           (9) the equipment, training, and funding needs of the state 
        and local agencies that participate in the criminal justice 
        information systems; 
           (10) the impact of integrated criminal justice information 
        systems on individual privacy rights; 
           (11) the impact of proposed legislation on the criminal 
        justice system, including any fiscal impact, need for training, 
        changes in information systems, and changes in processes; 
           (12) the collection of data on race and ethnicity in 
        criminal justice information systems; 
           (13) the development of a tracking system for domestic 
        abuse orders for protection; 
           (14) processes for expungement, correction of inaccurate 
        records, destruction of records, and other matters relating to 
        the privacy interests of individuals; and 
           (15) the development of a database for extended 
        jurisdiction juvenile records and whether the records should be 
        public or private and how long they should be retained.  
           Sec. 2.  Minnesota Statutes 1999 Supplement, section 
        299C.65, subdivision 2, is amended to read: 
           Subd. 2.  [REPORT, TASK FORCE.] The policy group shall file 
        an annual report with the governor, supreme court, and chairs 
        and ranking minority members of the senate and house committees 
        and divisions with jurisdiction over criminal justice funding 
        and policy by December 1 of each even-numbered year.  
           The report must make recommendations concerning any 
        legislative changes or appropriations that are needed to ensure 
        that the criminal justice information systems operate accurately 
        and efficiently.  To assist them in developing their 
        recommendations, the chair, the commissioners, and the 
        administrator policy group shall appoint a task force consisting 
        of the its members of the criminal and juvenile justice 
        information policy group or their designees and the following 
        additional members:  
           (1) the director of the office of strategic and long-range 
        planning; 
           (2) two sheriffs recommended by the Minnesota sheriffs 
        association; 
           (3) two police chiefs recommended by the Minnesota chiefs 
        of police association; 
           (4) two county attorneys recommended by the Minnesota 
        county attorneys association; 
           (5) two city attorneys recommended by the Minnesota league 
        of cities; 
           (6) two public defenders appointed by the board of public 
        defense; 
           (7) two district judges appointed by the conference of 
        chief judges, one of whom is currently assigned to the juvenile 
        court; 
           (8) two community corrections administrators recommended by 
        the Minnesota association of counties, one of whom represents a 
        community corrections act county; 
           (9) two probation officers; 
           (10) four public members, one of whom has been a victim of 
        crime, and two who are representatives of the private business 
        community who have expertise in integrated information systems; 
           (11) two court administrators; 
           (12) one member of the house of representatives appointed 
        by the speaker of the house; 
           (13) one member of the senate appointed by the majority 
        leader; 
           (14) the attorney general or a designee; 
           (15) the commissioner of administration or a designee; 
           (16) an individual recommended by the Minnesota league of 
        cities; and 
           (17) an individual recommended by the Minnesota association 
        of counties. 
        In making these appointments, the appointing authority shall 
        select members with expertise in integrated data systems or best 
        practices.  
           Sec. 3.  Minnesota Statutes 1999 Supplement, section 
        299C.65, subdivision 8, is amended to read: 
           Subd. 8.  [LOCAL MATCH.] (a) The policy group may approve 
        grants only if the applicant provides an appropriate share of 
        matching funds as determined by the policy group to help pay up 
        to one-half of the costs of developing or implementing the 
        integration plan.  The matching requirement must be a constant 
        for all counties.  The policy group shall adopt policies 
        concerning the use of in-kind resources to satisfy a portion of 
        the match requirement and the sources from which matching funds 
        may be obtained.  Local operational or technology staffing costs 
        may be considered as meeting this match requirement.  
           (b) The policy group shall consult with the task force when 
        carrying out its powers and duties under paragraph (a). 
           (c) Each grant recipient shall certify to the policy group 
        that it has not reduced funds from local, county, federal, or 
        other sources which, in the absence of the grant, would have 
        been made available to the grant recipient to improve or 
        integrate criminal justice technology. 
           Sec. 4.  Minnesota Statutes 1998, section 299C.65, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [CRIMINAL JUSTICE TECHNOLOGY INFRASTRUCTURE 
        IMPROVEMENTS.] (a) Within 30 days of the submission of the 
        Hennepin county integration plan funded by a grant under Laws 
        1999, chapter 216, article 1, section 7, subdivision 6, or 
        September 1, 2000, whichever is earlier, the policy group shall: 
           (1) assess the needs of state, county, and municipal 
        government agencies for electronic fingerprint capture 
        technology, electronic photographic identification technology, 
        and additional bandwidth to transfer and access the data from 
        electronic fingerprint capture technology and electronic 
        photographic identification technology to the state's central 
        database; and 
           (2) choose locations and agencies to receive this 
        technology. 
           (b) Within the limits of available appropriations, the 
        commissioner of public safety shall purchase and distribute the 
        technology infrastructure improvements as directed by the policy 
        group.  The commissioner shall begin the purchasing process 
        within 30 days of receiving notice of the policy group's 
        decisions.  The commissioner shall distribute the improvements 
        as soon as practicable after beginning the purchasing process. 
           (c) If feasible, the policy group shall direct the 
        commissioner to distribute the technology infrastructure 
        improvements described in this subdivision in 100 locations.  
        However, no more than 30 percent of the improvements may be 
        distributed in one county. 
           Sec. 5.  [REPORTS REQUIRED.] 
           Subdivision 1.  [PUBLIC SAFETY.] By January 15, 2001, the 
        commissioner of public safety shall report to the chairs and 
        ranking minority members of the senate and house committees and 
        divisions having jurisdiction over criminal justice policy and 
        funding on the grants made and the technology infrastructure 
        improvements distributed under article 1, section 3, subdivision 
        1.  The report must specify the amount spent on the improvements 
        or grants, how the improvements or grants were distributed, and 
        what the effects of the improvements or grants have been. 
           Subd. 2.  [SUPREME COURT.] By January 15, 2001, the chief 
        justice of the supreme court is requested to report to the 
        chairs and ranking minority members of the senate and house 
        committees and divisions having jurisdiction over criminal 
        justice policy and funding on the redevelopment of the court 
        information system funded under article 1, section 5.  The 
        report must specify how the appropriation was spent and what the 
        results have been. 
           Subd. 3.  [SENTENCING GUIDELINES COMMISSION.] By January 
        15, 2001, the executive director of the sentencing guidelines 
        commission shall report to the chairs and ranking minority 
        members of the senate and house committees and divisions having 
        jurisdiction over criminal justice policy and funding on the 
        results of the pilot project funded under article 1, section 4. 
           Sec. 6.  [PROPOSED EFFECTIVENESS MEASUREMENT STANDARDS AND 
        SANCTIONS; REPORT REQUIRED.] 
           (a) The criminal and juvenile justice information policy 
        group, in consultation with the task force described in 
        Minnesota Statutes, section 299C.65, subdivision 2, shall 
        develop recommended standards to measure the effectiveness of 
        the use of the technology infrastructure improvements described 
        in Minnesota Statutes, section 299C.65, subdivision 8a, and the 
        improvements made to the court information system funded by 
        state appropriations.  The standards must be based on objective 
        factors that can indicate whether the improvements have actually 
        increased the effectiveness of the receiving agency's or court's 
        system, and if so to what degree. 
           (b) The policy group, in consultation with the task force, 
        shall also recommend appropriate sanctions for the court or an 
        agency that receives the technology improvements but does not 
        meet the recommended effectiveness standards. 
           (c) By January 15, 2001, the policy group shall report the 
        recommended standards and sanctions to the chairs and ranking 
        minority members of the senate and house committees and 
        divisions having jurisdiction over criminal justice funding. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 are effective the day following final 
        enactment. 

                                   ARTICLE 6
                           DATA PRACTICES PROVISIONS
           Section 1.  Minnesota Statutes 1999 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) according to section 13.05; 
           (2) according to court order; 
           (3) according 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, 
        social security numbers, income, addresses, and other data as 
        required, upon request by the department of revenue to 
        administer the property tax refund law, supplemental housing 
        allowance, early refund of refundable tax credits, and the 
        income tax.  "Refundable tax credits" means the dependent care 
        credit under section 290.067, the Minnesota working family 
        credit under section 290.0671, the property tax refund under 
        section 290A.04, and, if the required federal waiver or waivers 
        are granted, the federal earned income tax credit under section 
        32 of the Internal Revenue Code; 
           (9) between the department of human services, the 
        department of children, families, and learning, and the 
        department of economic security for the purpose of monitoring 
        the eligibility of the data subject for reemployment 
        compensation, for any employment or training program 
        administered, supervised, or certified by that agency, for the 
        purpose of administering any rehabilitation program or child 
        care assistance program, whether alone or in conjunction with 
        the welfare system, or to monitor and evaluate the Minnesota 
        family investment program by exchanging data on recipients and 
        former recipients of food stamps, cash assistance under chapter 
        256, 256D, 256J, or 256K, child care assistance under chapter 
        119B, or medical programs under chapter 256B, 256D, or 256L; 
           (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 programs as defined in 
        section 245A.02 may be disclosed to the protection and advocacy 
        system established in this state according 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 
        services office 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 Minnesota family investment 
        program participant may be disclosed to law enforcement officers 
        who provide the name of the participant and notify the agency 
        that: 
           (i) the participant: 
           (A) is a fugitive felon fleeing to avoid prosecution, or 
        custody or confinement after conviction, for a crime or attempt 
        to commit a crime that is a felony under the laws of the 
        jurisdiction from which the individual is fleeing; or 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; 
           (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; 
           (16) the current address of a recipient of general 
        assistance 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; 
           (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, according to Code of Federal Regulations, title 
        7, section 272.1(c); 
           (18) the address, social security number, and, if 
        available, photograph of any member of a household receiving 
        food stamps shall be made available, on request, to a local, 
        state, or federal law enforcement officer if the officer 
        furnishes the agency with the name of the member and notifies 
        the agency that:  
           (i) the member: 
           (A) is fleeing to avoid prosecution, or custody or 
        confinement after conviction, for a crime or attempt to commit a 
        crime that is a felony in the jurisdiction the member is 
        fleeing; 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; or 
           (C) has information that is necessary for the officer to 
        conduct an official duty related to conduct described in subitem 
        (A) or (B); 
           (ii) locating or apprehending the member is within the 
        officer's official duties; and 
           (iii) the request is made in writing and in the proper 
        exercise of the officer's official duty; 
           (19) the current address of a recipient of Minnesota family 
        investment program, general assistance, general assistance 
        medical care, or food stamps may be disclosed to law enforcement 
        officers who, in writing, provide the name of the recipient and 
        notify the agency that the recipient is a person required to 
        register under section 243.166, but is not residing at the 
        address at which the recipient is registered under section 
        243.166; 
           (20) certain information regarding child support obligors 
        who are in arrears may be made public according to section 
        518.575; 
           (20) (21) data on child support payments made by a child 
        support obligor and data on the distribution of those payments 
        excluding identifying information on obligees may be disclosed 
        to all obligees to whom the obligor owes support, and data on 
        the enforcement actions undertaken by the public authority, the 
        status of those actions, and data on the income of the obligor 
        or obligee may be disclosed to the other party; 
           (21) (22) data in the work reporting system may be 
        disclosed under section 256.998, subdivision 7; 
           (22) (23) to the department of children, families, and 
        learning for the purpose of matching department of children, 
        families, and learning student data with public assistance data 
        to determine students eligible for free and reduced price meals, 
        meal supplements, and free milk according to United States Code, 
        title 42, sections 1758, 1761, 1766, 1766a, 1772, and 1773; to 
        allocate federal and state funds that are distributed based on 
        income of the student's family; and to verify receipt of energy 
        assistance for the telephone assistance plan; 
           (23) (24) the current address and telephone number of 
        program recipients and emergency contacts may be released to the 
        commissioner of health or a local board of health as defined in 
        section 145A.02, subdivision 2, when the commissioner or local 
        board of health has reason to believe that a program recipient 
        is a disease case, carrier, suspect case, or at risk of illness, 
        and the data are necessary to locate the person; 
           (24) (25) to other state agencies, statewide systems, and 
        political subdivisions of this state, including the attorney 
        general, and agencies of other states, interstate information 
        networks, federal agencies, and other entities as required by 
        federal regulation or law for the administration of the child 
        support enforcement program; 
           (25) (26) to personnel of public assistance programs as 
        defined in section 256.741, for access to the child support 
        system database for the purpose of administration, including 
        monitoring and evaluation of those public assistance programs; 
           (26) (27) to monitor and evaluate the Minnesota family 
        investment program by exchanging data between the departments of 
        human services and children, families, and learning, on 
        recipients and former recipients of food stamps, cash assistance 
        under chapter 256, 256D, 256J, or 256K, child care assistance 
        under chapter 119B, or medical programs under chapter 256B, 
        256D, or 256L; or 
           (27) (28) to evaluate child support program performance and 
        to identify and prevent fraud in the child support program by 
        exchanging data between the department of human services, 
        department of revenue under section 270B.14, subdivision 1, 
        paragraphs (a) and (b), without regard to the limitation of use 
        in paragraph (c), department of health, department of economic 
        security, and other state agencies as is reasonably necessary to 
        perform these functions.  
           (b) Information on persons who have been treated for drug 
        or alcohol abuse may only be disclosed according to 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), (16), (17), or (18), 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).  
           For the purposes of this subdivision, a request will be 
        deemed to be made in writing if made through a computer 
        interface system. 
           Sec. 2.  Minnesota Statutes 1998, section 13.54, 
        subdivision 6, is amended to read: 
           Subd. 6.  [LAW ENFORCEMENT ACCESS TO CERTAIN DATA.] A 
        public housing agency that enters a contract for assistance 
        under United States Code, title 42, sections 1437 to 1440, shall 
        furnish a local, state, or federal law enforcement officer, upon 
        the officer's request, with the current address, social security 
        number, and photograph, if available, of a recipient of 
        assistance under United States Code, title 42, sections 1437 to 
        1440, if the officer: 
           (1) provides the name of the recipient to the housing 
        agency; and 
           (2) notifies the agency that: 
           (i) the recipient: 
           (A) is fleeing to avoid prosecution, or custody or 
        confinement after conviction, under the laws of the jurisdiction 
        from which the individual is fleeing, for a crime which is a 
        felony under the laws of that jurisdiction; 
           (B) is violating a condition of probation or parole imposed 
        under state or federal law; or 
           (C) is a person required to register under section 243.166 
        and is not residing at the address at which the person is 
        registered under section 243.166; or 
           (D) has information necessary for the officer to conduct 
        the officer's official duties; 
           (ii) the location or apprehension of the individual is 
        within the officer's official duties; and 
           (iii) the request is made in writing and in the proper 
        exercise of the officer's official duties. 
           Sec. 3.  [176.862] [DISCLOSURE TO LAW ENFORCEMENT.] 
           The commissioner must disclose the current address of an 
        employee collected or maintained under this chapter to law 
        enforcement officers who provide the name of the employee and 
        notify the commissioner that the employee is a person required 
        to register under section 243.166 and is not residing at the 
        address at which the employee is registered under section 
        243.166. 
           Presented to the governor March 30, 2000 
           Signed by the governor April 3, 2000, 1:55 p.m.