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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 197-S.F.No. 969 
                  An act relating to crimes; extending the attorney 
                  general's and county attorney's authority for 
                  administrative subpoenas; enabling peace officers to 
                  execute search warrants on foreign corporations doing 
                  business in Minnesota to search for electronic 
                  evidence; allowing Minnesota corporations engaged in 
                  electronic communication services or remote computing 
                  services to provide electronic evidence when served 
                  with search warrants issued from other jurisdictions; 
                  enhancing penalties for dissemination and possession 
                  of pornographic work involving minors; authorizing 
                  private adult correctional facilities to enforce 
                  discipline and prevent escapes if licensed by the 
                  department of corrections; amending Minnesota Statutes 
                  2000, sections 8.16, subdivision 1; 241.021, 
                  subdivision 1; 388.23, subdivision 1; 617.247, 
                  subdivisions 3 and 4; proposing coding for new law in 
                  Minnesota Statutes, chapter 626. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 8.16, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY.] The attorney general, or any 
        deputy, assistant, or special assistant attorney general whom 
        the attorney general authorizes in writing, has the authority in 
        any county of the state to subpoena and require the production 
        of any records of telephone companies, cellular phone companies, 
        paging companies, subscribers of private computer networks 
        including Internet service providers or computer bulletin board 
        systems, electric companies, gas companies, water utilities, 
        chemical suppliers, hotels and motels, pawn shops, airlines, 
        buses, taxis, and other entities engaged in the business of 
        transporting people, and freight companies, self-service storage 
        facilities, warehousing companies, package delivery companies, 
        and other entities engaged in the businesses of transport, 
        storage, or delivery, and records of the existence of safe 
        deposit box account numbers and customer savings and checking 
        account numbers maintained by financial institutions and safe 
        deposit companies.  Subpoenas may only be issued for records 
        that are relevant to an ongoing legitimate law enforcement 
        investigation. 
           Sec. 2.  Minnesota Statutes 2000, section 241.021, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SUPERVISION OVER CORRECTIONAL 
        INSTITUTIONS.] (1) The commissioner of corrections shall inspect 
        and license all correctional facilities throughout the state, 
        whether public or private, established and operated for the 
        detention and confinement of persons detained or confined 
        therein according to law except to the extent that they are 
        inspected or licensed by other state regulating agencies.  The 
        commissioner shall promulgate pursuant to chapter 14, rules 
        establishing minimum standards for these facilities with respect 
        to their management, operation, physical condition, and the 
        security, safety, health, treatment, and discipline of persons 
        detained or confined therein.  Commencing September 1, 1980, no 
        individual, corporation, partnership, voluntary association, or 
        other private organization legally responsible for the operation 
        of a correctional facility may operate the facility unless 
        licensed by the commissioner of corrections.  Private adult 
        correctional facilities shall have the authority of section 
        624.714, subdivision 13, if the department of corrections 
        licenses the facility with such authority and the facility meets 
        requirements of section 243.52.  The commissioner shall review 
        the correctional facilities described in this subdivision at 
        least once every biennium, except as otherwise provided herein, 
        to determine compliance with the minimum standards established 
        pursuant to this subdivision.  The commissioner shall grant a 
        license to any facility found to conform to minimum standards or 
        to any facility which, in the commissioner's judgment, is making 
        satisfactory progress toward substantial conformity and the 
        interests and well-being of the persons detained or confined 
        therein are protected.  The commissioner may grant licensure up 
        to two years.  The commissioner shall have access to the 
        buildings, grounds, books, records, staff, and to persons 
        detained or confined in these facilities.  The commissioner may 
        require the officers in charge of these facilities to furnish 
        all information and statistics the commissioner deems necessary, 
        at a time and place designated by the commissioner.  The 
        commissioner may require that any or all such information be 
        provided through the department of corrections detention 
        information system.  The education program offered in a 
        correctional facility for the detention or confinement of 
        juvenile offenders must be approved by the commissioner of 
        children, families, and learning before the commissioner of 
        corrections may grant a license to the facility. 
           (2) Any state agency which regulates, inspects, or licenses 
        certain aspects of correctional facilities shall, insofar as is 
        possible, ensure that the minimum standards it requires are 
        substantially the same as those required by other state agencies 
        which regulate, inspect, or license the same aspects of similar 
        types of correctional facilities, although at different 
        correctional facilities. 
           (3) Nothing in this section shall be construed to limit the 
        commissioner of corrections' authority to promulgate rules 
        establishing standards of eligibility for counties to receive 
        funds under sections 401.01 to 401.16, or to require counties to 
        comply with operating standards the commissioner establishes as 
        a condition precedent for counties to receive that funding. 
           (4) When the commissioner finds that any facility described 
        in clause (1), except foster care facilities for delinquent 
        children and youth as provided in subdivision 2, does not 
        substantially conform to the minimum standards established by 
        the commissioner and is not making satisfactory progress toward 
        substantial conformance, the commissioner shall promptly notify 
        the chief executive officer and the governing board of the 
        facility of the deficiencies and order that they be remedied 
        within a reasonable period of time.  The commissioner may by 
        written order restrict the use of any facility which does not 
        substantially conform to minimum standards to prohibit the 
        detention of any person therein for more than 72 hours at one 
        time.  When, after due notice and hearing, the commissioner 
        finds that any facility described in this subdivision, except 
        county jails and lockups as provided in sections 641.26, 642.10, 
        and 642.11, does not conform to minimum standards, or is not 
        making satisfactory progress toward substantial compliance 
        therewith, the commissioner may issue an order revoking the 
        license of that facility.  After revocation of its license, that 
        facility shall not be used until its license is renewed.  When 
        the commissioner is satisfied that satisfactory progress towards 
        substantial compliance with minimum standard is being made, the 
        commissioner may, at the request of the appropriate officials of 
        the affected facility supported by a written schedule for 
        compliance, grant an extension of time for a period not to 
        exceed one year. 
           (5) As used in this subdivision, "correctional facility" 
        means any facility, including a group home, having a residential 
        component, the primary purpose of which is to serve persons 
        placed therein by a court, court services department, parole 
        authority, or other correctional agency having dispositional 
        power over persons charged with, convicted, or adjudicated to be 
        guilty or delinquent. 
           Sec. 3.  Minnesota Statutes 2000, section 388.23, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [AUTHORITY.] The county attorney, or any 
        deputy or assistant county attorney whom the county attorney 
        authorizes in writing, has the authority to subpoena and require 
        the production of any records of telephone companies, cellular 
        phone companies, paging companies, the names and addresses of 
        subscribers of private computer networks including Internet 
        service providers or computer bulletin board systems, electric 
        companies, gas companies, water utilities, chemical suppliers, 
        hotels and motels, pawn shops, airlines, buses, taxis, and other 
        entities engaged in the business of transporting people, and 
        freight companies, warehousing companies, self-service storage 
        facilities, package delivery companies, and other entities 
        engaged in the businesses of transport, storage, or delivery, 
        and records of the existence of safe deposit box account numbers 
        and customer savings and checking account numbers maintained by 
        financial institutions and safe deposit companies, insurance 
        records relating to the monetary payment or settlement of 
        claims, and wage and employment records of an applicant or 
        recipient of public assistance who is the subject of a welfare 
        fraud investigation relating to eligibility information for 
        public assistance programs.  Subpoenas may only be issued for 
        records that are relevant to an ongoing legitimate law 
        enforcement investigation.  Administrative subpoenas may only be 
        issued in welfare fraud cases if there is probable cause to 
        believe a crime has been committed.  This provision applies only 
        to the records of business entities and does not extend to 
        private individuals or their dwellings. 
           Sec. 4.  Minnesota Statutes 2000, section 617.247, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DISSEMINATION PROHIBITED.] (a) A person who 
        disseminates pornographic work to an adult or a minor, knowing 
        or with reason to know its content and character, is guilty of a 
        felony and may be sentenced to imprisonment for not more than 
        five seven years and a fine of not more than $10,000 for a first 
        offense and for not more than ten 15 years and a fine of not 
        more than $20,000 for a second or subsequent offense. 
           (b) Unless a longer statutory maximum period is specified 
        in paragraph (a), a person who violates paragraph (a) is guilty 
        of a felony and may be sentenced to imprisonment for not more 
        than ten years if the violation occurs when the person is a 
        registered predatory offender under section 243.166. 
           Sec. 5.  Minnesota Statutes 2000, section 617.247, 
        subdivision 4, is amended to read: 
           Subd. 4.  [POSSESSION PROHIBITED.] (a) A person who 
        possesses a pornographic work or a computer disk or computer or 
        other electronic, magnetic, or optical storage system or a 
        storage system of any other type, containing a pornographic 
        work, knowing or with reason to know its content and character, 
        is guilty of a felony and may be sentenced to imprisonment for 
        not more than three five years and a fine of not more than 
        $5,000 for a first offense and for not more than five ten years 
        and a fine of not more than $10,000 for a second or subsequent 
        offense. 
           (b) A person who violates paragraph (a) is guilty of a 
        felony and may be sentenced to imprisonment for not more than 
        ten years if the violation occurs when the person is a 
        registered predatory offender under section 243.166.  
           Sec. 6.  [626.18] [SEARCH WARRANTS RELATING TO ELECTRONIC 
        COMMUNICATION SERVICES AND REMOTE COMPUTING SERVICES.] 
           Subdivision 1.  [DEFINITIONS.] The definitions in this 
        subdivision apply to this section. 
           (a) The terms "electronic communication services" and 
        "remote computing services" shall be construed in accordance 
        with United States Code, title 18, sections 2701 to 2711, as 
        amended through March 1, 2001.  This section does not apply to 
        corporations that do not provide those services to the general 
        public.  
           (b) An "adverse result" occurs when notification of the 
        existence of a search warrant results in: 
           (1) danger to the life or physical safety of an individual; 
           (2) a flight from prosecution; 
           (3) the destruction of or tampering with evidence; 
           (4) the intimidation of potential witnesses; or 
           (5) serious jeopardy to an investigation or undue delay of 
        a trial. 
           (c) "Applicant" means a peace officer as defined in section 
        626.05, to whom a search warrant is issued pursuant to chapter 
        626. 
           (d) "Minnesota corporation" refers to any corporation or 
        other entity that is subject to section 5.25, excluding foreign 
        corporations. 
           (e) A "foreign corporation" is considered to be doing 
        business in Minnesota if it makes a contract or engages in a 
        terms of service agreement with a resident of Minnesota to be 
        performed in whole or in part by either party in Minnesota.  The 
        making of the contract or terms of service agreement is 
        considered to be the agreement of the foreign corporation that 
        any administrative subpoena or search warrant properly served on 
        it has the same legal force and effect as if served personally 
        on it within the state of Minnesota. 
           (f) "Properly served" means that a search warrant has been 
        delivered by hand, or in a manner reasonably allowing for proof 
        of delivery if delivered by United States mail, overnight 
        delivery service, or facsimile to a person or entity listed in 
        section 5.25 or covered by this statute. 
           Subd. 2.  [APPLICATION.] (a) The following provisions shall 
        apply to any search warrant issued under this chapter allowing a 
        search for records that are in the actual or constructive 
        possession of a foreign corporation that provides electronic 
        communication services or remote computing services to the 
        general public, where those records would reveal the identity of 
        the customers using those services; data stored by, or on behalf 
        of, the customer; the customer's usage of those services; the 
        recipient or destination of communications sent to or from those 
        customers; or the content of those communications. 
           (b) When properly served with a search warrant issued by 
        the Minnesota court, a foreign corporation subject to this 
        section shall provide to the applicant all records sought 
        pursuant to that warrant within eight business days of receipt, 
        including those records maintained or located outside this state.
           (c) Where the applicant makes a showing and the judge finds 
        that failure to produce records within less than eight business 
        days would cause an adverse result, the warrant may require 
        production of records within less than eight business days.  A 
        court may reasonably extend the time required for production of 
        the records upon finding that the foreign corporation has shown 
        good cause for that extension and that an extension of time 
        would not cause an adverse result. 
           (d) A foreign corporation seeking to quash the warrant must 
        seek relief from the court that issued the warrant within the 
        time required for production of records under this section.  The 
        issuing court shall hear and decide that motion no later than 
        eight court days after the motion is filed. 
           (e) The foreign corporation shall verify the authenticity 
        of records that it produces by providing a written affidavit or 
        statement to that effect. 
           Subd. 3.  [WARRANT OF ANOTHER STATE.] A Minnesota 
        corporation that provides electronic communication services or 
        remote computing services to the general public, when served 
        with a warrant issued by another state to produce records that 
        would reveal the identity of the customers using those services; 
        data stored by, or on behalf of, the customer; the customer's 
        usage of those services; the recipient or destination of 
        communications sent to or from those customers; or the content 
        of those communications, shall produce those records as if that 
        warrant had been issued by a Minnesota court. 
           Subd. 4.  [IMMUNITY.] No cause of action shall lie against 
        any foreign or Minnesota corporation subject to this section, 
        its officers, employees, agents, or other specified persons for 
        providing records, information, facilities, or assistance in 
        accordance with the terms of a warrant issued pursuant to this 
        chapter. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Sections 1 to 6 are effective August 1, 2001.  Sections 4 
        and 5 apply to crimes committed on or after that date. 
           Presented to the governor May 25, 2001 
           Signed by the governor May 29, 2001, 11:32 a.m.