Office of the Revisor of Statutes
Minnesota Session Laws - 2003, 1st Special Session
Key: (1) language to be deleted (2) new language
CHAPTER 2-S.F.No. 2
An act relating to criminal justice; appropriating
money for the courts, public defenders, public safety,
corrections, and other criminal justice agencies;
establishing, funding, modifying, and regulating
public safety, criminal justice, judiciary, law
enforcement, corrections, crime victims, CriMNet, and
driving while impaired policies, programs, duties,
activities, or practices; requiring studies and
reports; clarifying the reporting requirements of
predatory registration law; imposing criminal and
civil penalties; setting or increasing fines,
surcharges, and fees; amending Minnesota Statutes
2002, sections 13.87, subdivision 3; 15A.0815,
subdivision 3; 16A.151, subdivision 2; 152.021,
subdivisions 2a, 3; 169A.03, subdivision 21, by adding
a subdivision; 169A.20, subdivision 2; 169A.25,
subdivision 1; 169A.26, subdivision 1; 169A.27,
subdivision 1; 169A.275, subdivisions 3, 4, by adding
a subdivision; 169A.40, subdivision 3; 169A.44;
169A.51, subdivision 5; 169A.53, subdivision 3;
169A.54, subdivision 6; 169A.60, subdivisions 8, 13;
241.016, subdivision 1; 243.166, subdivisions 3, 4a;
243.48, subdivision 1; 243.53, subdivision 1;
260B.105, subdivisions 1, 2; 260B.143, subdivision 1;
260C.163, subdivision 5; 270A.03, subdivision 5;
271.06, subdivision 4; 299A.42; 299A.44, subdivision
1; 299A.465, subdivision 4; 299C.05; 299C.06; 299C.10,
subdivision 4, by adding a subdivision; 299C.48;
299F.46, subdivision 1, by adding subdivisions;
299M.01, by adding subdivisions; 299M.03, by adding
subdivisions; 299M.04; 299M.11, subdivisions 1, 2;
340A.301, by adding a subdivision; 357.021,
subdivisions 2, 6, 7; 357.022; 357.08; 363.073, by
adding a subdivision; 590.05; 609.101, subdivision 4;
609.105, subdivision 1, by adding subdivisions;
609.119; 609.135, subdivisions 1, 2; 609.145, by
adding a subdivision; 609.2231, by adding a
subdivision; 609.322, by adding a subdivision;
609.3241; 609.527, subdivision 3; 609.5312,
subdivisions 3, 4; 609.66, subdivision 1a, by adding a
subdivision; 609.68; 609.681; 609.748, subdivisions 3,
4, 5; 611.14; 611.17; 611.18; 611.25, subdivision 1;
611.26, subdivision 6; 611.272; 624.22, subdivision 1;
629.471, by adding a subdivision; 641.14; 641.263, by
adding a subdivision; proposing coding for new law in
Minnesota Statutes, chapters 169A; 243; 244; 256B;
299F; 609; 611A; repealing Minnesota Statutes 2002,
sections 13.855; 123B.73; 152.135, subdivision 4;
241.41; 241.42; 241.43; 241.44; 241.441; 241.45;
244.19, subdivision 3a; Laws 2002, chapter 220,
article 6, section 6.
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 named fund, to
the agencies and for the purposes specified in this act, to be
available for the fiscal years indicated for each purpose. The
figures "2003," "2004," and "2005," where used in this act, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 2003, June 30, 2004, or
June 30, 2005, respectively. The term "first year" means the
fiscal year ending June 30, 2004, and the term "second year"
means the fiscal year ending June 30, 2005.
SUMMARY BY FUND
2003 2004 2005 TOTAL
General $379,000 $ 709,621,000 $ 724,439,000 $1,434,439,000
State Government
Special Revenue 7,000 7,000 14,000
Environmental
Fund 49,000 49,000 98,000
Special Revenue
Fund 5,578,000 5,578,000 11,156,000
Trunk
Highway 361,000 361,000 722,000
TOTAL $379,000 $ 715,616,000 $ 730,434,000 $1,446,429,000
APPROPRIATIONS
Available for the Year
Ending June 30
2004 2005
Sec. 2. SUPREME COURT 38,806,000 36,439,000
[REPORT ON COURT FEES.] The state court
administrator shall review and report
back on the financial consequences of
policy changes made in the following
areas: (1) criminal and traffic
offender surcharges; (2) public
defender co-pays; and (3) the use of
revenue recapture to collect the public
defender co-pay. The report shall also
list the local governmental units that
employ administrative procedures to
collect fines for ordinance
violations. The state court
administrator must submit the report to
the chairs and ranking minority members
on the committees that have
jurisdiction over court funding by
January 15 of each year.
$5,000 each year is for a contingent
account for expenses necessary for the
normal operation of the court for which
no other reimbursement is provided.
[LEGAL SERVICES TO LOW-INCOME CLIENTS
IN FAMILY LAW MATTERS.] Of this
appropriation, $877,000 each year is to
improve the access of low-income
clients to legal representation in
family law matters. This appropriation
must be distributed under Minnesota
Statutes, section 480.242, to the
qualified legal services programs
described in Minnesota Statutes,
section 480.242, subdivision 2,
paragraph (a). Any unencumbered
balance remaining in the first year
does not cancel and is available in the
second year.
Of this appropriation, $355,000 in
fiscal year 2005 is for the
implementation of the Minnesota Child
Support Act and is contingent upon its
enactment. This is a onetime
appropriation.
Sec. 3. COURT OF APPEALS 7,898,000 7,939,000
Sec. 4. DISTRICT COURTS 175,287,000 196,633,000
The court administrator in each county
shall make all reasonable and diligent
efforts to promptly collect public
defender co-payments. If the court
administrator is unable to collect the
co-payment, the court administrator
shall timely submit a claim for revenue
recapture.
Sec. 5. TAX COURT 726,000 726,000
Sec. 6. UNIFORM LAWS
COMMISSION 38,000 39,000
Sec. 7. BOARD ON
JUDICIAL STANDARDS 252,000 252,000
Sec. 8. BOARD OF PUBLIC
DEFENSE 53,763,000 46,082,000
Sec. 9. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 70,065,000 70,525,000
Summary by Fund
2004 2005
General 69,013,000 69,473,000
Special Revenue 635,000 635,000
State Government
Special Revenue 7,000 7,000
Environmental 49,000 49,000
Trunk Highway 361,000 361,000
[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Emergency
Management 2,903,000 2,903,000
[EQUIPMENT; EMERGENCY RESPONSE TEAMS;
DULUTH, MOORHEAD, ST. PAUL, ROCHESTER.]
The commissioner of public safety may
not relocate or reassign to another
location or emergency response team the
equipment currently housed or stored in
or around Duluth, Moorhead, St. Paul,
or Rochester and intended for use by
the emergency response teams
responsible for responding to incidents
in and around Duluth, Moorhead, St.
Paul, or Rochester.
Summary by Fund
General 2,854,000 2,854,000
Environmental 49,000 49,000
[NONPROFIT AND FAITH-BASED
ORGANIZATIONS; ANTI-TERRORISM GRANTS.]
Notwithstanding any law to the
contrary, nonprofit and faith-based
organizations may apply for and receive
any funds or grants, whether federal or
state, made available for
anti-terrorism efforts that are not
distributed or encumbered for
distribution to public safety entities
within a year of receipt by the
department of public safety. These
organizations must be considered under
the same criteria applicable to any
other eligible entity and must be given
equal consideration.
$430,000 is canceled from the fiscal
year 2003 appropriation for terrorism
response-related equipment in Laws
2003, chapter 401, article 2, section
1, subdivision 2.
Subd. 3. Criminal
Apprehension 36,207,000 36,874,000
Summary by Fund
General 35,204,000 35,871,000
Special Revenue 635,000 635,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 361,000 361,000
$1,066,000 the first year and $546,000
the second year are to enable the
bureau of criminal apprehension to
establish and maintain an Internet Web
site containing public criminal history
data. This is a onetime appropriation
and does not become part of the base.
If the appropriation for the first year
if not sufficient, the appropriation
for the second year is available for
use in the first year. $28,000 is
added to the base for fiscal year 2006
and $28,000 is added to the base for
fiscal year 2007 for ongoing support
and maintenance of the Web site.
[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL
ACTIVITY.] $135,000 each year from the
bureau of criminal apprehension account
in the special revenue fund is for
grants to local officials for the
cooperative investigation of
cross-jurisdictional criminal
activity. Any unencumbered balance
remaining in the first year does not
cancel but is available for the second
year.
[LABORATORY ACTIVITIES.] $500,000 the
first year and $500,000 the second year
from the bureau of criminal
apprehension account in the special
revenue fund are appropriated for
laboratory activities.
[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $361,000
the first year and $361,000 the second
year are appropriated from the trunk
highway fund for laboratory analysis
related to driving while impaired cases.
[CRIMNET.] The commissioner of public
safety shall develop a plan for using
the base funds appropriated for the
CriMNet policy group, the CriMNet
backbone, and CriMNet suspense file
reductions to further completion of the
CriMNet program. The commissioner
shall consult with the criminal and
juvenile justice information policy
group and other interested parties on
the development of this plan.
Subd. 4. Fire Marshal 2,430,000 2,444,000
Subd. 5. Alcohol and
Gambling Enforcement 1,622,000 1,622,000
Subd. 6. Crime Victims Services
Center 24,839,000 24,623,000
Of this appropriation, $945,000 the
first year and $945,000 the second year
are for the abused children program.
The office of justice programs must
convene a focus group in every judicial
district to assess crime victim needs
and program effectiveness. The office
must convene focus groups on a biennial
basis in order to ensure ongoing,
broad-based stakeholder and public
input.
Subd. 7. Law Enforcement and
Community Grants 2,064,000 2,059,000
The base for this program shall be
$2,054,000 for fiscal year 2006 and
$2,049,000 for fiscal year 2007.
[GANG STRIKE FORCE.] By January 15,
2004, the commissioner of public safety
must submit a report on a plan to
combine the gang strike force and the
narcotics task force to the senate and
house chairs of committees with
jurisdiction over criminal justice.
[JUVENILE ASSESSMENT ACCOUNT.] The
balance of the funds in the juvenile
assessment account in the special
revenue fund is transferred to the
state fire marshal hotel inspection
dedicated special revenue account on
July 1, 2003.
[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant programs.
The office of drug policy and violence
prevention must give priority to
programs dealing with school truancy
and after-school activity.
Sec. 10. PEACE OFFICERS STANDARDS
BOARD (POST) 3,943,000 3,943,000
This appropriation is from the peace
officers training account in the
special revenue fund. Any receipts
credited to that account in the first
year in excess of $3,943,000 must be
transferred and credited to the general
fund. Any receipts credited to that
account in the second year in excess of
$3,943,000 must be transferred and
credited to the general fund.
Sec. 11. PRIVATE DETECTIVE BOARD 126,000 126,000
Sec. 12. HUMAN RIGHTS 3,520,000 3,490,000
Sec. 13. CORRECTIONS
Subdivision 1. Total
Appropriation 359,600,000 363,804,000
Summary by Fund
General Fund 358,600,000 362,804,000
Special Revenue 1,000,000 1,000,000
The amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
[FEASIBILITY OF DOUBLE BUNKING AT LOCAL
JAILS.] The commissioner of corrections
must work with the Minnesota Sheriff's
Association, the Association of
Minnesota Counties, and Community
Corrections Act counties to review
capacities at local jail facilities and
to determine the feasibility of
increasing capacity by double bunking
inmates.
Subd. 2. Correctional
Institutions 237,309,000 240,427,000
Summary by Fund
General Fund 236,679,000 239,797,000
Special Revenue 630,000 630,000
[CONTRACT FOR BEDS AT RUSH CITY.] If
the commissioner contracts with other
states, local units of government, or
the federal government to rent beds in
the Rush City correctional facility,
the commissioner shall charge a per
diem under the contract, to the extent
possible, that is equal to or greater
than the per diem cost of housing
Minnesota inmates in the facility. The
per diem cost for housing inmates of
other states, local units of
government, or the federal government
at this facility shall be based on the
assumption that the facility is at or
near capacity.
The commissioner may use the per diem
appropriation, up to $300,000, for the
pre-design of the renovation and 1,161
bed expansion at the Minnesota
Correctional Facility-Faribault. By
January 15, 2004, the commissioner of
corrections shall report to the chairs
and ranking members of the legislative
committees having jurisdiction over
corrections and capital investment on
the pre-design. Notwithstanding any
laws to the contrary, the commissioner
may use the remaining per diem
appropriation to operate the state
correctional system.
Subd. 3. Juvenile Services 13,035,000 13,035,000
Subd. 4. Community Services 94,359,000 95,445,000
Summary by Fund
General Fund 94,239,000 95,325,000
Special Revenue 120,000 120,000
[MILLE LACS COUNTY PROBATION SERVICES.]
$373,000 the first year and $373,000
the second year are for an increase in
probation services provided to Mille
Lacs County. It is anticipated that
the county will reimburse the state for
these costs and that these proceeds
will be deposited in the general fund.
[BELTRAMI COUNTY PROBATION SERVICES.]
$61,000 the first year and $61,000 the
second year are for an increase in
probation support services provided to
Beltrami County. It is anticipated
that the county will reimburse the
state for these costs and that these
proceeds will be deposited in the
general fund.
$1,207,000 each year is appropriated to
the commissioner of corrections for
costs associated with the housing and
care of short-term offenders. The
commissioner may use up to 20 percent
of the total amount of the
appropriation for inpatient medical
care for short-term offenders with less
than six months to serve as affected by
the changes made to Minnesota Statutes,
section 609.105, in this act. The
commissioner shall establish and
implement policy governing the
admission, housing, medical care, and
release of this population. All funds
remaining at the end of the fiscal year
not expended for inpatient medical care
shall be added to and distributed with
the housing funds. These funds shall
be distributed proportionately based on
the total number of days short-term
offenders are placed locally, not to
exceed $70 per day. Short-term
offenders may be housed in a state
correctional facility at the discretion
of the commissioner. The department of
corrections is exempt from the state
contracting process for the purposes of
the changes made to Minnesota Statutes,
section 609.105, in this act.
Subd. 5. Operations Support 14,897,000 14,897,000
Summary by Fund
General Fund 14,647,000 14,647,000
Special Revenue 250,000 250,000
Sec. 14. SENTENCING GUIDELINES 436,000 436,000
[REPORT ON DRUG OFFENDER SENTENCING.]
The sentencing guidelines commission,
in consultation with the commissioner
of corrections, shall prepare a report
and make recommendations regarding the
following drug offender sentencing
issues:
(1) the evolution of Minnesota's drug
sentencing laws, the annual proportion
and number of prisoners incarcerated
for drug crimes in Minnesota state
prisons, the annual cost of
incarcerating drug offenders in
Minnesota state prisons, the
effectiveness of drug courts, and
current programs that employ
alternatives to incarceration for drug
offenders in Minnesota state prisons;
(2) the average and the range of
criminal history scores for each level
of drug offender currently incarcerated
in Minnesota state prisons;
(3) the proportionality of Minnesota's
drug sentencing provisions when
compared to sentencing provisions for
other crimes in Minnesota;
(4) the proportionality of Minnesota's
drug sentencing provisions when
compared to other states' drug
sentencing provisions;
(5) the type and quantity of Minnesota
correctional resources that are
dedicated to all drug offenders;
(6) the projected annual cost to the
department of corrections of
incarcerating all drug offenders in
state prisons over the next ten years;
(7) the cost savings to the department
of corrections by not incarcerating
nonviolent drug offenders and sending
them to noncustodial drug treatment
instead providing that the length of
their sentence is not reduced; and
(8) the recidivism rate for drug
offenders, in Minnesota and other
states, who are sent to noncustodial
drug treatment rather than
incarceration.
The sentencing guidelines commission
must present the report and
recommendations to the chairs and
ranking minority members of the house
and senate committees having
jurisdiction over criminal justice
policy and financing by January 15,
2004.
Sec. 15. DEPARTMENT OF
HUMAN SERVICES 1,156,000 ..,...,...
Of this appropriation, $770,000 in
fiscal year 2004 is for the
implementation of the Minnesota Child
Support Act and is contingent upon its
enactment. This is a onetime
appropriation.
Of this appropriation, $386,000 is for
costs associated with the alternative
placement of offenders with serious and
persistent mental illness initiative
contained in article 5.
Sec. 16. DEFICIENCY
APPROPRIATION
FISCAL YEAR 2003
General 35,000
[SPECIAL HEARING COSTS.] This
appropriation for fiscal year 2003 is
added to the appropriation in Laws
2001, First Special Session chapter 8,
article 4, section 5, to the board on
judicial standards and is to fund costs
of a public hearing for a judge. This
appropriation is available the day
following final enactment and is
available until June 30, 2003.
Sec. 17. SUNSET OF UNCODIFIED
LANGUAGE
All uncodified language contained in
this article expires on June 30, 2005,
unless a different expiration date is
explicit.
ARTICLE 2
COURT POLICY
Section 1. Minnesota Statutes 2002, section 271.06,
subdivision 4, is amended to read:
Subd. 4. [APPEAL FEE.] At the time of filing the notice of
appeal the appellant shall pay to the court administrator of the
tax court an appeal fee equal to the fee provided for civil
actions in the district court under section 357.021, subdivision
2, clause (1); except that no appeal fee shall be required of
the commissioner of revenue, the attorney general, the state or
any of its political subdivisions. In small claims division,
the appeal fee shall be $25 $150. The provisions of chapter
563, providing for proceedings in forma pauperis, shall also
apply for appeals to the tax court.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 2. Minnesota Statutes 2002, section 357.021,
subdivision 2, is amended to read:
Subd. 2. [FEE AMOUNTS.] The fees to be charged and
collected by the court administrator shall be as follows:
(1) In every civil action or proceeding in said court,
including any case arising under the tax laws of the state that
could be transferred or appealed to the tax court, the
plaintiff, petitioner, or other moving party shall pay, when the
first paper is filed for that party in said action, a fee of
$135 $235.
The defendant or other adverse or intervening party, or any
one or more of several defendants or other adverse or
intervening parties appearing separately from the others, shall
pay, when the first paper is filed for that party in said
action, a fee of $135 $235.
The party requesting a trial by jury shall pay $75.
The fees above stated shall be the full trial fee
chargeable to said parties irrespective of whether trial be to
the court alone, to the court and jury, or disposed of without
trial, and shall include the entry of judgment in the action,
but does not include copies or certified copies of any papers so
filed or proceedings under chapter 103E, except the provisions
therein as to appeals.
(2) Certified copy of any instrument from a civil or
criminal proceeding, $10, and $5 for an uncertified copy.
(3) Issuing a subpoena, $3 $12 for each name.
(4) Filing a motion or response to a motion in civil,
family, excluding child support, and guardianship cases, $55.
(5) Issuing an execution and filing the return thereof;
issuing a writ of attachment, injunction, habeas corpus,
mandamus, quo warranto, certiorari, or other writs not
specifically mentioned, $10 $40.
(5) (6) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $7.50 $30.
(6) (7) Filing and entering a satisfaction of judgment,
partial satisfaction, or assignment of judgment, $5.
(7) (8) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(8) (9) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(9) (10) For the filing of each partial, final, or annual
account in all trusteeships, $10 $40.
(10) (11) For the deposit of a will, $5 $20.
(11) (12) For recording notary commission, $25 $100, of
which, notwithstanding subdivision 1a, paragraph (b), $20 $80
must be forwarded to the state treasurer to be deposited in the
state treasury and credited to the general fund.
(12) (13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the supreme court.
(13) (14) All other services required by law for which no
fee is provided, such fee as compares favorably with those
herein provided, or such as may be fixed by rule or order of the
court.
(14) (15) In addition to any other filing fees under this
chapter, a surcharge in the amount of $75 must be assessed in
accordance with section 259.52, subdivision 14, for each
adoption petition filed in district court to fund the fathers'
adoption registry under section 259.52.
The fees in clauses (3) and (4) (5) need not be paid by a
public authority or the party the public authority represents.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 3. Minnesota Statutes 2002, section 357.022, is
amended to read:
357.022 [CONCILIATION COURT FEE.]
The court administrator in every county shall charge and
collect a filing fee of $25 where the amount demanded is less
than $2,000 and $35 where the amount demanded is $2,000 or more
$50 from every plaintiff and from every defendant when the first
paper for that party is filed in any conciliation court action.
This section does not apply to conciliation court actions filed
by the state. The court administrator shall transmit the fees
monthly to the state treasurer for deposit in the state treasury
and credit to the general fund.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 4. Minnesota Statutes 2002, section 357.08, is
amended to read:
357.08 [PAID BY APPELLANT IN APPEAL.]
There shall be paid to the clerk of the appellate courts by
the appellant, or moving party or person requiring the service,
in all cases of appeal, certiorari, habeas corpus, mandamus,
injunction, prohibition, or other original proceeding, when
initially filed with the clerk of the appellate courts, the sum
of $250 $500 to the clerk of the appellate courts. An
additional filing fee of $100 shall be required for a petition
for accelerated review by the supreme court. A filing fee
of $250 $500 shall be paid to the clerk of the appellate courts
upon the filing of a petition for review from a decision of the
court of appeals. A filing fee of $250 $500 shall be paid to
the clerk of the appellate courts upon the filing of a petition
for permission to appeal. A filing fee of $100 shall be paid to
the clerk of the appellate courts upon the filing by a
respondent of a notice of review. The clerk shall transmit the
fees to the state treasurer for deposit in the state treasury
and credit to the general fund.
The clerk shall not file any paper, issue any writ or
certificate, or perform any service enumerated herein, until the
payment has been made for it. The clerk shall pay the sum into
the state treasury as provided for by section 15A.01.
The charges provided for shall not apply to disbarment
proceedings, nor to an action or proceeding by the state taken
solely in the public interest, where the state is the appellant
or moving party, nor to copies of the opinions of the court
furnished by the clerk to the parties before judgment, or
furnished to the district judge whose decision is under review,
or to such law library associations in counties having a
population exceeding 50,000, as the court may direct.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 5. Minnesota Statutes 2002, section 363.073, is
amended by adding a subdivision to read:
Subd. 1a. [FILING FEE; ACCOUNT; APPROPRIATION.] The
commissioner shall collect a $75 fee for each certificate of
compliance issued by the commissioner or the commissioner's
designated agent. The proceeds of the fee must be deposited in
a human rights fee special revenue account. Money in the
account is appropriated to the commissioner to fund the cost of
issuing certificates and investigating grievances.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 6. Minnesota Statutes 2002, section 609.101,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM FINES; OTHER CRIMES.] Notwithstanding
any other law:
(1) when a court sentences a person convicted of a felony
that is not listed in subdivision 2 or 3, it must impose a fine
of not less than 30 percent of the maximum fine authorized by
law nor more than the maximum fine authorized by law; and
(2) when a court sentences a person convicted of a gross
misdemeanor or misdemeanor that is not listed in subdivision 2,
it must impose a fine of not less than 30 percent of the maximum
fine authorized by law nor more than the maximum fine authorized
by law, unless the fine is set at a lower amount on a uniform
fine schedule established by the conference of chief judges in
consultation with affected state and local agencies. This
schedule shall be promulgated not later than January September 1
of each year and shall become effective on August January 1 of
that the next year unless the legislature, by law, provides
otherwise.
The minimum fine required by this subdivision is in
addition to the surcharge or assessment required by section
357.021, subdivision 6, and is in addition to any sentence of
imprisonment or restitution imposed or ordered by the court.
The court shall collect the fines mandated in this
subdivision and, except for fines for traffic and motor vehicle
violations governed by section 169.871 and section 299D.03 and
fish and game violations governed by section 97A.065, forward 20
percent of the revenues to the state treasurer for deposit in
the general fund.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
ARTICLE 3
PUBLIC DEFENSE
Section 1. Minnesota Statutes 2002, section 270A.03,
subdivision 5, is amended to read:
Subd. 5. [DEBT.] "Debt" means a legal obligation of a
natural person to pay a fixed and certain amount of money, which
equals or exceeds $25 and which is due and payable to a claimant
agency. The term includes criminal fines imposed under section
609.10 or 609.125 and restitution. The term also includes the
co-payment for the appointment of a district public defender
imposed under section 611.17, paragraph (c). A debt may arise
under a contractual or statutory obligation, a court order, or
other legal obligation, but need not have been reduced to
judgment.
A debt includes any legal obligation of a current recipient
of assistance which is based on overpayment of an assistance
grant where that payment is based on a client waiver or an
administrative or judicial finding of an intentional program
violation; or where the debt is owed to a program wherein the
debtor is not a client at the time notification is provided to
initiate recovery under this chapter and the debtor is not a
current recipient of food stamps, transitional child care, or
transitional medical assistance.
A debt does not include any legal obligation to pay a
claimant agency for medical care, including hospitalization if
the income of the debtor at the time when the medical care was
rendered does not exceed the following amount:
(1) for an unmarried debtor, an income of $8,800 or less;
(2) for a debtor with one dependent, an income of $11,270
or less;
(3) for a debtor with two dependents, an income of $13,330
or less;
(4) for a debtor with three dependents, an income of
$15,120 or less;
(5) for a debtor with four dependents, an income of $15,950
or less; and
(6) for a debtor with five or more dependents, an income of
$16,630 or less.
The income amounts in this subdivision shall be adjusted
for inflation for debts incurred in calendar years 2001 and
thereafter. The dollar amount of each income level that applied
to debts incurred in the prior year shall be increased in the
same manner as provided in section 1(f) of the Internal Revenue
Code of 1986, as amended through December 31, 2000, except that
for the purposes of this subdivision the percentage increase
shall be determined from the year starting September 1, 1999,
and ending August 31, 2000, as the base year for adjusting for
inflation for debts incurred after December 31, 2000.
Debt also includes an agreement to pay a MinnesotaCare
premium, regardless of the dollar amount of the premium
authorized under section 256L.15, subdivision 1a.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
and applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2002, section 590.05, is
amended to read:
590.05 [INDIGENT PETITIONERS.]
A person financially unable to obtain counsel who desires
to pursue the remedy provided in section 590.01 may apply for
representation by the state public defender. The state public
defender shall represent such person under the applicable
provisions of sections 611.14 to 611.27, if the person has not
already had a direct appeal of the conviction. If, however, the
person pled guilty and received a presumptive sentence or a
downward departure in sentence, and the state public defender
reviewed the person's case and determined that there was no
basis for an appeal of the conviction or of the sentence, then
the state public defender may decline to represent the person in
a postconviction remedy case. The state public defender may
represent, without charge, all other persons pursuing a
postconviction remedy under section 590.01, who are financially
unable to obtain counsel.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 3. Minnesota Statutes 2002, section 611.14, is
amended to read:
611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.]
The following persons who are financially unable to obtain
counsel are entitled to be represented by a public defender:
(1) a person charged with a felony, gross misdemeanor, or
misdemeanor including a person charged under sections 629.01 to
629.29;
(2) a person appealing from a conviction of a felony or
gross misdemeanor, or a person convicted of a felony or gross
misdemeanor, who is pursuing a postconviction proceeding and who
has not already had a direct appeal of the conviction, but if
the person pled guilty and received a presumptive sentence or a
downward departure in sentence, and the state public defender
reviewed the person's case and determined that there was no
basis for an appeal of the conviction or of the sentence, then
the state public defender may decline to represent the person in
a postconviction remedy case;
(3) a person who is entitled to be represented by counsel
under section 609.14, subdivision 2; or
(4) a minor ten years of age or older who is entitled to be
represented by counsel under section 260B.163, subdivision 4, or
260C.163, subdivision 3.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 4. Minnesota Statutes 2002, section 611.17, is
amended to read:
611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.]
Subdivision 1. [STANDARDS FOR DISTRICT PUBLIC DEFENSE
ELIGIBILITY.] (a) Each judicial district must screen
requests under paragraph (b) for representation by the district
public defender. A defendant is financially unable to obtain
counsel if:
(1) the defendant, or any dependent of the defendant who
resides in the same household as the defendant, receives
means-tested governmental benefits; or
(2) the defendant, through any combination of liquid assets
and current income, would be unable to pay the reasonable costs
charged by private counsel in that judicial district for a
defense of the same matter.
(b) Upon a request for the appointment of counsel, the
court shall make appropriate inquiry into the financial
circumstances of the applicant, who shall submit a financial
statement under oath or affirmation setting forth the
applicant's assets and liabilities, including the value of any
real property owned by the applicant, whether homestead or
otherwise, less the amount of any encumbrances on the real
property, the source or sources of income, and any other
information required by the court. The applicant shall be under
a continuing duty while represented by a public defender to
disclose any changes in the applicant's financial circumstances
that might be relevant to the applicant's eligibility for a
public defender. The state public defender shall furnish
appropriate forms for the financial statements. The forms must
contain conspicuous notice of the applicant's continuing duty to
disclose to the court changes in the applicant's financial
circumstances. The forms must also contain conspicuous notice
of the applicant's obligation to make a co-payment for the
services of the district public defender, as specified under
paragraph (c). The information contained in the statement shall
be confidential and for the exclusive use of the court and the
public defender appointed by the court to represent the
applicant except for any prosecution under section 609.48. A
refusal to execute the financial statement or produce financial
records constitutes a waiver of the right to the appointment of
a public defender. The court shall not appoint a district
public defender to a defendant who is financially able to retain
private counsel but refuses to do so.
An inquiry to determine financial eligibility of a
defendant for the appointment of the district public defender
shall be made whenever possible prior to the court appearance
and by such persons as the court may direct. This inquiry may
be combined with the pre-release investigation provided for in
Minnesota Rule of Criminal Procedure 6.02, subdivision 3. In no
case shall the district public defender be required to perform
this inquiry or investigate the defendant's assets or
eligibility. The court has the sole duty to conduct a financial
inquiry. The inquiry must include the following:
(1) the liquidity of real estate assets, including the
defendant's homestead;
(2) any assets that can be readily converted to cash or
used to secure a debt;
(3) the determination of whether the transfer of an asset
is voidable as a fraudulent conveyance; and
(4) the value of all property transfers occurring on or
after the date of the alleged offense. The burden is on the
accused to show that he or she is financially unable to afford
counsel. Defendants who fail to provide information necessary
to determine eligibility shall be deemed ineligible. The court
must not appoint the district public defender as advisory
counsel.
(c) Upon disposition of the case appointment of the public
defender, an individual who has received receives public
defender services shall be obligated to pay to the court a $28
co-payment for representation provided by a public defender,
unless the co-payment is, or has been, waived by the court. The
co-payment shall be according to the following schedule:
(1) if the person was charged with a felony, $200;
(2) if the person was charged with a gross misdemeanor,
$100; or
(3) if the person was charged with a misdemeanor, $50.
If the person is a child and was appointed counsel under
the provisions of section 260B.163, subdivision 4, the parents
of the child shall pay to the court a co-payment of $100. If
the person is a parent of a child and the parent was appointed
counsel under the provisions of section 260C.163, subdivision 3,
the parent shall pay to the court a co-payment of $200.
The co-payment shall be deposited in the state general
fund. If a term of probation is imposed as a part of an
offender's sentence, the co-payment required by this section
must not be made a condition of probation. The co-payment
required by this section is a civil obligation and must not be
made a condition of a criminal sentence. Collection of the
co-payment may be made through the provisions of chapter 270A,
the Revenue Recapture Act.
(d) All public defender co-pay revenue collected under
paragraph (c) and revenues less statutory fees collected under
chapter 270A shall be deposited in the public defender co-pay
account in the special revenue fund.
The first $2,740,000 deposited in the public defender
co-pay account must be transferred to the general fund. This is
not an annual transfer. Receipts in excess of the first
$2,740,000 are appropriated to the board of public defense for
public defender services.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
and applies to crimes committed on or after that date.
Sec. 5. Minnesota Statutes 2002, section 611.18, is
amended to read:
611.18 [APPOINTMENT OF PUBLIC DEFENDER.]
If it appears to a court that a person requesting the
appointment of counsel satisfies the requirements of this
chapter, the court shall order the appropriate public defender
to represent the person at all further stages of the proceeding
through appeal, if any. For a person appealing from a
conviction, or a person pursuing a postconviction proceeding and
who has not already had a direct appeal of the
conviction, according to the standards of sections 611.14 and
611.25, subdivision 1, paragraph (a), clause (2), the state
public defender shall be appointed. For a person covered by
section 611.14, clause (1), a district public defender shall be
appointed to represent that person. If (a) conflicting
interests exist, (b) the district public defender for any other
reason is unable to act, or (c) the interests of justice
require, the state public defender may be ordered to represent a
person. When the state public defender is directed by a court
to represent a defendant or other person, the state public
defender may assign the representation to any district public
defender. If at any stage of the proceedings, including an
appeal, the court finds that the defendant is financially unable
to pay counsel whom the defendant had retained, the court may
appoint the appropriate public defender to represent the
defendant, as provided in this section. Prior to any court
appearance, a public defender may represent a person accused of
violating the law, who appears to be financially unable to
obtain counsel, and shall continue to represent the person
unless it is subsequently determined that the person is
financially able to obtain counsel. The representation may be
made available at the discretion of the public defender, upon
the request of the person or someone on the person's behalf.
Any law enforcement officer may notify the public defender of
the arrest of any such person.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 6. Minnesota Statutes 2002, section 611.25,
subdivision 1, is amended to read:
Subdivision 1. [REPRESENTATION.] (a) The state public
defender shall represent, without charge:
(1) a defendant or other person appealing from a conviction
of a felony or gross misdemeanor;
(2) a person convicted of a felony or gross misdemeanor who
is pursuing a postconviction proceeding and who has not already
had a direct appeal of the conviction, but if the person pled
guilty and received a presumptive sentence or a downward
departure in sentence, and the state public defender reviewed
the person's case and determined that there was no basis for an
appeal of the conviction or of the sentence, then the state
public defender may decline to represent the person in a
postconviction remedy case; and
(3) a child who is appealing from a delinquency
adjudication or from an extended jurisdiction juvenile
conviction.
(b) The state public defender may represent, without
charge, all other persons pursuing a postconviction remedy under
section 590.01, who are financially unable to obtain counsel.
(c) The state public defender shall represent any other
person, who is financially unable to obtain counsel, when
directed to do so by the supreme court or the court of appeals,
except that the state public defender shall not represent a
person in any action or proceeding in which a party is seeking a
monetary judgment, recovery or award. When requested by a
district public defender or appointed counsel, the state public
defender may assist the district public defender, appointed
counsel, or an organization designated in section 611.216 in the
performance of duties, including trial representation in matters
involving legal conflicts of interest or other special
circumstances, and assistance with legal research and brief
preparation. When the state public defender is directed by a
court to represent a defendant or other person, the state public
defender may assign the representation to any district public
defender.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 7. Minnesota Statutes 2002, section 611.26,
subdivision 6, is amended to read:
Subd. 6. [PERSONS DEFENDED.] The district public defender
shall represent, without charge, a defendant charged with a
felony, a gross misdemeanor, or misdemeanor when so directed by
the district court. The district public defender shall also
represent a minor ten years of age or older in the juvenile
court when so directed by the juvenile court. The district
public defender must not serve as advisory counsel. The
juvenile court may not order the district public defender to
represent a minor who is under the age of ten years, to serve as
a guardian ad litem, or to represent a guardian ad litem.
Sec. 8. Minnesota Statutes 2002, section 611.272, is
amended to read:
611.272 [ACCESS TO GOVERNMENT DATA.]
The district public defender, the state public defender, or
an attorney working for a public defense corporation under
section 611.216 has access to the criminal justice data
communications network described in section 299C.46, as provided
in this section. Access to data under this section is limited
to data regarding the public defender's own client as necessary
to prepare criminal cases in which the public defender has been
appointed, including, but not limited to, criminal history data
under section 13.87; juvenile offender data under section
299C.095; warrant information data under section 299C.115;
incarceration data under section 299C.14; conditional release
data under section 299C.147; and diversion program data under
section 299C.46, subdivision 5. The public defender does not
have access to law enforcement active investigative data under
section 13.82, subdivision 7; data protected under section
13.82, subdivision 17; or confidential arrest warrant indices
data under section 13.82, subdivision 19. The public defender
has access to the data at no charge, except for the monthly
network access charge under section 299C.46, subdivision 3,
paragraph (b), and a reasonable installation charge for a
terminal. Notwithstanding section 13.87, subdivision 3,;
299C.46, subdivision 3, paragraph (b); 299C.48, or any other law
to the contrary, there shall be no charge to public defenders
for Internet access to public criminal history data the criminal
justice data communications network.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
ARTICLE 4
PUBLIC SAFETY
Section 1. Minnesota Statutes 2002, section 13.87,
subdivision 3, is amended to read:
Subd. 3. [INTERNET ACCESS.] (a) The bureau of criminal
apprehension shall establish and maintain an Internet Web site
containing public criminal history data by July 1, 2004.
(b) Notwithstanding section 13.03, subdivision 3, paragraph
(a), the bureau of criminal apprehension may charge a fee for
Internet access to public criminal history data provided through
August 1, 2003 2005. The fee may not exceed $5 per inquiry or
the amount needed to recoup the actual cost of implementing and
providing Internet access, whichever is less. Fees collected
must be deposited in the general fund as a nondedicated receipt.
(b) (c) The Web site must include a notice to the subject
of data of the right to contest the accuracy or completeness of
data, as provided under section 13.04, subdivision 4, and
provide a telephone number and address that the subject may
contact for further information on this process.
(c) (d) The Web site must include the effective date of
data that is posted.
(d) (e) The Web site must include a description of the
types of criminal history data not available on the site,
including arrest data, juvenile data, criminal history data from
other states, federal data, data on convictions where 15 years
have elapsed since discharge of the sentence, and other data
that are not accessible to the public.
(e) (f) A person who intends to access the Web site to
obtain information regarding an applicant for employment,
housing, or credit should must disclose to the applicant the
intention to do so. The Web site must include a notice that a
person obtaining such access should must notify the applicant
that when a background check using this Web site may be has been
conducted. This paragraph does not create a civil cause of
action on behalf of the data subject.
(g) This subdivision does not create a civil cause of
action on behalf of the data subject.
(h) This subdivision expires July 31, 2007.
Sec. 2. Minnesota Statutes 2002, section 299A.42, is
amended to read:
299A.42 [PUBLIC SAFETY OFFICER'S BENEFIT ACCOUNT.]
The public safety officer's benefit account is created in
the state treasury. Money in the account consists of money
transferred and appropriated to that account. Money in the
account that is not expended in the fiscal year in which it is
transferred or appropriated does not revert to the general fund
until claims for reimbursement under section 299A.465 that are
submitted in that fiscal year are either paid or denied.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2002, section 299A.44,
subdivision 1, is amended to read:
Subdivision 1. [PAYMENT REQUIRED.] (a) On certification to
the governor by the commissioner of public safety that a public
safety officer employed within this state has been killed in the
line of duty, leaving a spouse or one or more eligible
dependents, the commissioner of finance shall pay $100,000 from
the public safety officer's benefit account, as follows:
(1) if there is no dependent child, to the spouse;
(2) if there is no spouse, to the dependent child or
children in equal shares;
(3) if there are both a spouse and one or more dependent
children, one-half to the spouse and one-half to the child or
children, in equal shares;
(4) if there is no surviving spouse or dependent child or
children, to the parent or parents dependent for support on the
decedent, in equal shares; or
(5) if there is no surviving spouse, dependent child, or
dependent parent, then no payment may be made from the public
safety officer's benefit fund to the public safety officer's
estate.
(b) If there are both a spouse and one or more dependent
children under age 18, the spouse, at the spouse's discretion,
may spend a maximum of one-third of a child's share on medical
or dental treatment for the child or the child's education.
Expenditures under this paragraph on behalf of a child do not
diminish the shares of any other children. In addition, a
spouse, at the spouse's discretion, may expend money from a
child's share to pay state and federal taxes on any interest
accrued on the share.
[EFFECTIVE DATE.] This section is effective retroactively
from July 1, 2002.
Sec. 4. Minnesota Statutes 2002, section 299A.465,
subdivision 4, is amended to read:
Subd. 4. [PUBLIC EMPLOYER REIMBURSEMENT.] A public
employer subject to this section may annually apply to the
commissioner of public safety for reimbursement to help defray a
portion of its costs of complying with this section.
Applications must be submitted by August 1 for claims relating
to the preceding fiscal year. The commissioner shall provide
reimbursement to the public employer out of the public safety
officer's benefit account. Reimbursement may be less than the
total claim and may be prorated based on the number of eligible
peace officers, firefighters, and qualifying dependents. An
individual share must not exceed the actual cost to a public
employer to provide coverage for an individual under this
section.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. Minnesota Statutes 2002, section 299C.05, is
amended to read:
299C.05 [DIVISION OF CRIMINAL STATISTICS.]
There is hereby established within the bureau a division of
criminal statistics, and the superintendent, within the limits
of membership herein prescribed, shall appoint a qualified
statistician and one assistant to be in charge thereof. It
shall be the duty of this division to collect, and preserve as a
record of the bureau, information concerning the number and
nature of offenses known to have been committed in the state, of
the legal steps taken in connection therewith from the inception
of the complaint to the final discharge of the defendant, and
such other information as may be useful in the study of crime
and the administration of justice. The information so collected
and preserved shall include such data as may be requested by the
United States department of justice, at Washington, under its
national system of crime reporting. To the extent possible, the
superintendent must utilize a nationally recognized system or
standard approved by the Federal Bureau of Investigation to
collect and preserve crime data.
[EFFECTIVE DATE.] This section is effective August 1, 2003.
Sec. 6. Minnesota Statutes 2002, section 299C.06, is
amended to read:
299C.06 [DIVISION POWERS AND DUTIES; COOPERATION.]
It shall be the duty of all sheriffs, chiefs of police,
city marshals, constables, prison wardens, superintendents of
insane hospitals, reformatories and correctional schools,
probation and parole officers, school attendance officers,
coroners, county attorneys, court clerks, the commissioner of
public safety, the commissioner of transportation, and the state
fire marshal to furnish to the division statistics and
information regarding the number of crimes reported and
discovered, arrests made, complaints, informations, and
indictments, filed and the disposition made of same, pleas,
convictions, acquittals, probations granted or denied,
conditional release information, receipts, transfers, and
discharges to and from prisons, reformatories, correctional
schools, and other institutions, paroles granted and revoked,
commutation of sentences and pardons granted and rescinded, and
all other data useful in determining the cause and amount of
crime in this state and to form a basis for the study of crime,
police methods, court procedure, and penal problems. Such
statistics and information shall be furnished upon the request
of the division and upon such forms as may be prescribed and
furnished by it. Unless otherwise required or permitted by the
superintendent of the bureau of criminal apprehension, an agency
or person furnishing information under this section must utilize
a nationally recognized system or standard approved by the
Federal Bureau of Investigation for reporting statistics and
information. The division shall have the power to inspect and
prescribe the form and substance of the records kept by those
officials from which the information is so furnished.
[EFFECTIVE DATE.] This section is effective August 1, 2003.
Sec. 7. Minnesota Statutes 2002, section 299C.10,
subdivision 4, is amended to read:
Subd. 4. [FEE FOR BACKGROUND CHECK; ACCOUNT;
APPROPRIATION.] The superintendent shall collect a fee in an
amount to cover the expense for each background check provided
for a purpose not directly related to the criminal justice
system or required by section 624.7131, 624.7132, or 624.714.
The proceeds of the fee must be deposited in a special account.
Money in the account is annually appropriated to the
commissioner to maintain and improve the quality of the criminal
record system in Minnesota. The superintendent shall collect an
additional handling fee of $7 for FBI background fingerprint
checks.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 8. Minnesota Statutes 2002, section 299C.10, is
amended by adding a subdivision to read:
Subd. 5. [FEE FOR TAKING FINGERPRINTS; ACCOUNT
APPROPRIATION.] The superintendent may charge a fee of $10 to
take fingerprints for the public when required by an employer or
government entity for either employment or licensing. No fee
will be charged when there is a question whether the person is
the subject of a criminal history record. The proceeds of the
fee must be deposited in an account in the special revenue
fund. Money in the account is annually appropriated to the
commissioner to maintain and improve the quality of the criminal
record system in Minnesota.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 9. Minnesota Statutes 2002, section 299C.48, is
amended to read:
299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING
APPROPRIATION.]
(a) An agency authorized under section 299C.46, subdivision
3, may connect with and participate in the criminal justice data
communications network upon approval of the commissioner of
public safety; provided, that the agency shall first agree to
pay installation charges as may be necessary for connection and
monthly operational charges as may be established by the
commissioner of public safety. Before participation by a
criminal justice agency may be approved, the agency must have
executed an agreement with the commissioner providing for
security of network facilities and restrictions on access to
data supplied to and received through the network.
(b) In addition to any fee otherwise authorized, the
commissioner of public safety shall impose a fee for providing
secure dial-up or Internet access for criminal justice agencies
and noncriminal justice agencies. The following monthly fees
apply:
(1) criminal justice agency accessing via Internet, $15;
(2) criminal justice agency accessing via dial-up, $35;
(3) noncriminal justice agency accessing via Internet, $35;
and
(4) noncriminal justice agency accessing via dial-up, $35.
(c) The installation and monthly operational charges
collected by the commissioner of public safety under paragraph
paragraphs (a) and (b) are annually appropriated to the
commissioner to administer sections 299C.46 to 299C.50.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 10. Minnesota Statutes 2002, section 299F.46,
subdivision 1, is amended to read:
Subdivision 1. [HOTEL INSPECTION.] (a) It shall be the
duty of the commissioner of public safety to inspect, or cause
to be inspected, at least once every three years, every hotel in
this state; and, for that purpose, the commissioner, or the
commissioner's deputies, or designated alternates or agents
shall have the right to enter or have access thereto at any
reasonable hour; and, when, upon such inspection, it shall be
found that the hotel so inspected does not conform to or is not
being operated in accordance with the provisions of sections
157.011 and 157.15 to 157.22, in so far as the same relate to
fire prevention or fire protection of hotels, or the rules
promulgated thereunder, or is being maintained or operated in
such manner as to violate the Uniform Fire Code Minnesota State
Fire Code promulgated pursuant to section 299F.011 or any other
law of this state relating to fire prevention and fire
protection of hotels, the commissioner and the deputies or
designated alternates or agents shall report such a situation to
the hotel inspector who shall proceed as provided for in chapter
157.
(b) The word "hotel", as used in this subdivision, has the
meaning given in section 299F.391.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 11. Minnesota Statutes 2002, section 299F.46, is
amended by adding a subdivision to read:
Subd. 3. [INSPECTION FEES.] (a) For each hotel required to
have a fire inspection according to subdivision 1, the
commissioner of public safety may charge each hotel a triennial
inspection fee of $435 and a per room charge of $5 for one to 18
units; $6 for 19 to 35 units; $7 for 36 to 100 units, and $8 for
100 or more units. The fee includes one follow-up inspection.
The commissioner shall charge each resort a triennial inspection
fee of $435 and a per room charge of $5 for one to 10 units; $6
for 11 to 25 units; and $7 for 26 or more units.
The commissioner shall charge a fee of $225 for each
additional follow-up inspection for hotels and resorts,
conducted in each three-year cycle that is necessary to bring
the hotel or resort into compliance with the state fire code.
(b) Nothing in this subdivision prevents the designated
agent from continuing to charge an inspection fee or from
establishing a new inspection fee.
(c) Hotels and motels with fewer than 35 rooms and resorts
classified as 1c under section 273.13 are exempt from the fee
requirements of this subdivision.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 12. Minnesota Statutes 2002, section 299F.46, is
amended by adding a subdivision to read:
Subd. 4. [SPECIAL ACCOUNT.] Money received by the state
fire marshal division for this program must be deposited in the
state treasury and credited to a state fire marshal hotel
inspection dedicated account in the special revenue fund. All
money in the state fire marshal hotel inspection dedicated
account is annually appropriated to the commissioner of public
safety to operate and administer this program.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 13. [299F.47] [PUBLIC SCHOOL INSPECTIONS.]
Subdivision 1. [INSPECTION REQUIRED.] The state fire
marshal shall develop a plan to inspect once every three years
every public school facility used for educational purposes. The
state fire marshal shall charge school districts $0.014 per
square foot for each school building inspected. These rates
shall include two follow-up inspections or on-site
consultations. If additional follow-up inspections or
consultations are needed, the state fire marshal shall charge
$0.005 per square foot for each additional follow-up inspection
to each applicable building in which a follow-up inspection is
needed.
Subd. 2. [CHARTER SCHOOLS.] The state fire marshal shall
charge charter schools $100 for each school building inspected.
This rate shall include two follow-up inspections or on-site
consultations. If additional follow-up inspections or
consultations are needed, the state fire marshal shall charge
$50 for each additional follow-up inspection to each applicable
building in which a follow-up inspection is needed.
Subd. 3. [SPECIAL ACCOUNT.] Money received by the state
fire marshal division for this program must be deposited in the
state treasury and credited to a state fire marshal school
inspection dedicated account in the special revenue fund. All
money in the state fire marshal school inspection account is
annually appropriated to the commissioner of public safety for
purposes of operating and administering this program.
Subd. 4. [LOCAL INSPECTIONS.] If inspections of public
school buildings and charter schools were conducted by local
units of government between January 1, 1987, and January 1,
1990, then inspections may continue to be provided by the local
unit of government.
Subd. 5. [VARIANCE.] Notwithstanding section 299F.011,
subdivisions 5a and 5b, a variance from the code must be
approved by the state fire marshal before taking effect.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 14. Minnesota Statutes 2002, section 299M.01, is
amended by adding a subdivision to read:
Subd. 8a. [MULTIPURPOSE POTABLE WATER PIPING SYSTEM
CONTRACTOR.] "Multipurpose potable water piping system
contractor" means a person who contracts to sell, design,
install, modify, or inspect a multipurpose potable water piping
system, its parts, or related equipment.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 15. Minnesota Statutes 2002, section 299M.01, is
amended by adding a subdivision to read:
Subd. 8b. [MULTIPURPOSE POTABLE WATER PIPING
SYSTEM.] "Multipurpose potable water piping system" means a
potable water piping system that is intended to serve both
domestic and fire protection needs throughout a one- or
two-family dwelling unit. No person may install a multipurpose
potable water piping system unless that person is licensed
pursuant to section 326.40 and is certified pursuant to section
299M.03.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 16. Minnesota Statutes 2002, section 299M.01, is
amended by adding a subdivision to read:
Subd. 8c. [MULTIPURPOSE POTABLE WATER PIPING SYSTEM
INSTALLER.] "Multipurpose potable water piping system installer"
means a person who is certified as competent to engage in
installing, connecting, altering, repairing, or adding to a
residential multipurpose potable water piping system in a one-
or two-family dwelling unit.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 17. Minnesota Statutes 2002, section 299M.03, is
amended by adding a subdivision to read:
Subd. 1a. [MULTIPURPOSE POTABLE WATER PIPING SYSTEM
CONTRACTOR LICENSE.] Except for residential installations by the
owner-occupant of a one- or two-family dwelling, a person may
not sell, design, install, modify, or inspect a multipurpose
potable water piping system, its parts, or related equipment, or
offer to do so, unless annually licensed to perform these duties
as a multipurpose potable water piping system contractor. No
license is required under this section for a person licensed as
a professional engineer under section 326.03 who is competent in
fire protection system design.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 18. Minnesota Statutes 2002, section 299M.03, is
amended by adding a subdivision to read:
Subd. 3. [MULTIPURPOSE POTABLE WATER PIPING SYSTEM
INSTALLER CERTIFICATE.] Except for residential installations by
the owner-occupant of a one- or two-family dwelling, a person
may not install, connect, alter, repair, or add to a
multipurpose potable water piping system, unless annually
certified to perform these duties as a multipurpose potable
water piping system installer. A multipurpose potable water
piping system installer certificate only allows the certificate
holder to work on one- and two-family residential units.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 19. Minnesota Statutes 2002, section 299M.03, is
amended by adding a subdivision to read:
Subd. 4. [CERTIFICATION FEE; ANNUAL APPROPRIATION.] The
state fire marshal shall charge $55 to conduct and administer
the journeyman sprinkler fitter certification process. Money
received by the state fire marshal division for the
administration of this program must be deposited in the state
treasury and credited to a state fire marshal dedicated account
in the special revenue fund. All money in the state fire
marshal account is annually appropriated to the commissioner of
public safety to administer this program.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 20. Minnesota Statutes 2002, section 299M.04, is
amended to read:
299M.04 [RULES, FEES, ORDERS, PENALTIES.]
The commissioner shall adopt permanent rules for operation
of the council; regulation by municipalities; qualifications,
examination, and licensing of fire protection contractors;
licensing of multipurpose potable water piping system
contractors; certification of multipurpose potable water piping
system installers; certification of journeyman sprinkler
fitters; registration of apprentices; and the administration and
enforcement of this chapter. Permit fees must be a percentage
of the total cost of the fire protection work.
The commissioner may issue a cease and desist order to
cease an activity considered an immediate risk to public health
or public safety. The commissioner shall adopt permanent rules
governing when an order may be issued; how long the order is
effective; notice requirements; and other procedures and
requirements necessary to implement, administer, and enforce the
provisions of this chapter.
The commissioner, in place of or in addition to licensing
sanctions allowed under this chapter, may impose a civil penalty
not greater than $1,000 for each violation of this chapter or
rule adopted under this chapter, for each day of violation. The
commissioner shall adopt permanent rules governing and
establishing procedures for implementation, administration, and
enforcement of this paragraph.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 21. Minnesota Statutes 2002, section 299M.11,
subdivision 1, is amended to read:
Subdivision 1. [LICENSING FEE.] A person required to be
licensed under section 299M.03, subdivision 1 or 1a, shall,
before receipt of the license and before causing fire
protection-related work or multipurpose potable water piping
system work to be performed, pay the commissioner an annual
license fee.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 22. Minnesota Statutes 2002, section 299M.11,
subdivision 2, is amended to read:
Subd. 2. [CERTIFICATION FEE.] Employees required to be
certified under section 299M.03, subdivision 2 or 3, shall,
before performing fire protection-related work or multipurpose
potable water piping system work, pay the commissioner an annual
certification fee.
[EFFECTIVE DATE.] This section is effective July 1, 2004.
Sec. 23. Minnesota Statutes 2002, section 340A.301, is
amended by adding a subdivision to read:
Subd. 6a. [PERMITS AND FEES.] Any person engaged in the
purchase, sale, or use for any purpose other than personal
consumption of intoxicating alcoholic beverages or ethyl alcohol
shall obtain the appropriate regulatory permit and
identification card from the commissioner as provided in this
subdivision. The fee for each permit, other than one issued to
a state or federal agency, is $35 and must be submitted together
with the appropriate application form provided by the
commissioner. Identification cards and permits must be issued
for a period coinciding with that of the appropriate state or
municipal license and are not transferable. In instances where
there is no annual license period, cards and permits expire one
year after the date of issuance. The authority to engage in the
purchase, sale, or use granted by the card or permit may be
revoked by the commissioner upon evidence of a violation by the
holder of such a card or permit of any of the provisions of
chapter 340A or any rule of the commissioner made pursuant to
law.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 24. Minnesota Statutes 2002, section 609.119, is
amended to read:
609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR
DNA TESTING.]
(a) From July 1, 2002 2003, to June 30, 2003 2005, the
court shall order an offender to provide a biological specimen
for the purpose of future DNA analysis as described in section
299C.155 when:
(1) the court sentences a person charged with committing or
attempting to commit a felony offense not described in section
609.117, subdivision 1, and the person is convicted of that
offense or of any felony offense arising out of the same set of
circumstances; or
(2) the juvenile court adjudicates a person a delinquent
child who is petitioned for committing or attempting to commit a
felony offense not described in section 609.117, subdivision 1,
and is adjudicated delinquent for that offense or any
felony-level offense arising out of the same set of
circumstances.
The biological specimen shall be maintained by the bureau of
criminal apprehension as provided in section 299C.155.
(b) From July 1, 2002 2003, to June 30, 2003 2005, the
commissioner of corrections or local corrections authority shall
order a person to provide a biological specimen for the purpose
of future DNA analysis as described in section 299C.155 before
completion of the person's term of imprisonment when the person
has not provided a biological specimen for the purpose of DNA
analysis, and the person:
(1) was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1, and was convicted of that offense or of any
felony offense arising out of the same set of circumstances; or
(2) is serving a term of imprisonment in this state under a
reciprocal agreement although convicted in another state of
committing or attempting to commit a felony offense not
described in section 609.117, subdivision 1, or of any felony
offense arising out of the same set of circumstances if the
person was initially charged with committing or attempting to
commit a felony offense not described in section 609.117,
subdivision 1.
The commissioner of corrections or local corrections authority
shall forward the sample to the bureau of criminal apprehension.
(c) From July 1, 2002 2003, to June 30, 2003 2005, when the
state accepts an offender from another state under the
interstate compact authorized by section 243.16 or 243.1605, the
acceptance is conditional on the offender providing a biological
specimen for the purposes of future DNA analysis as described in
section 299C.155, if the offender was initially charged with
committing or attempting to commit a felony offense not
described in section 609.117, subdivision 1, and was convicted
of that offense or of any felony offense arising out of the same
set of circumstances. The specimen must be provided under
supervision of staff from the department of corrections or a
Community Corrections Act county within 15 business days after
the offender reports to the supervising agent. The cost of
obtaining the biological specimen is the responsibility of the
agency providing supervision.
[EFFECTIVE DATE.] This section is effective July 1, 2003
and applies to offenders sentenced, released from incarceration,
or accepted for supervision on or after that date.
Sec. 25. Minnesota Statutes 2002, section 609.5312,
subdivision 3, is amended to read:
Subd. 3. [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.]
(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit or facilitate, or used
during the commission of, a violation of section 609.324 or a
violation of a local ordinance substantially similar to section
609.324. A motor vehicle is subject to forfeiture under this
subdivision only if the offense is established by proof of a
criminal conviction for the offense. Except as otherwise
provided in this subdivision, a forfeiture under this
subdivision is governed by sections 609.531, 609.5312, and
609.5313.
(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.324 or a local ordinance substantially similar to section
609.324. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification
required by paragraph (b);
(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or
(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.
(c) If the defendant is acquitted or prostitution charges
against the defendant are dismissed, neither the owner nor the
defendant is responsible for paying any costs associated with
the seizure or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.
(e) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon
the registered owner is made; or
(2) at the date when the registered owner has been notified
by certified mail at the address listed in the Minnesota
Department of Public Safety computerized motor vehicle
registration records.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 26. Minnesota Statutes 2002, section 609.5312,
subdivision 4, is amended to read:
Subd. 4. [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.]
(a) A motor vehicle is subject to forfeiture under this
subdivision if it was used to commit a violation of section
609.487 and endanger life or property. A motor vehicle is
subject to forfeiture under this subdivision only if the offense
is established by proof of a criminal conviction for the
offense. Except as otherwise provided in this subdivision, a
forfeiture under this subdivision is governed by sections
609.531, 609.5312, 609.5313, and 609.5315, subdivision 6.
(b) When a motor vehicle subject to forfeiture under this
subdivision is seized in advance of a judicial forfeiture order,
a hearing before a judge or referee must be held within 96 hours
of the seizure. Notice of the hearing must be given to the
registered owner within 48 hours of the seizure. The
prosecuting authority shall certify to the court, at or in
advance of the hearing, that it has filed or intends to file
charges against the alleged violator for violating section
609.487. After conducting the hearing, the court shall order
that the motor vehicle be returned to the owner if:
(1) the prosecutor has failed to make the certification
required by this paragraph;
(2) the owner of the motor vehicle has demonstrated to the
court's satisfaction that the owner has a defense to the
forfeiture, including but not limited to the defenses contained
in subdivision 2; or
(3) the court determines that seizure of the vehicle
creates or would create an undue hardship for members of the
owner's family.
(c) If the defendant is acquitted or the charges against
the defendant are dismissed, neither the owner nor the defendant
is responsible for paying any costs associated with the seizure
or storage of the vehicle.
(d) A vehicle leased or rented under section 168.27,
subdivision 4, for a period of 180 days or less is not subject
to forfeiture under this subdivision.
(e) A motor vehicle that is an off-road recreational
vehicle as defined in section 169A.03, subdivision 16, or a
motorboat as defined in section 169A.03, subdivision 13, is not
subject to paragraph (b).
(f) For purposes of this subdivision, seizure occurs either:
(1) at the date at which personal service of process upon
the registered owner is made; or
(2) at the date when the registered owner has been notified
by certified mail at the address listed in the Minnesota
Department of Public Safety computerized motor vehicle
registration records.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 27. [609.776] [INTERFERENCE WITH EMERGENCY
COMMUNICATIONS.]
Whoever, without prior authorization, broadcasts or
transmits on, interferes with, blocks, or cross-patches another
frequency onto a law enforcement, firefighting, emergency
medical services, emergency radio frequency or channel, any
assigned or alternate emergency frequency or channel, or an
official cellular telephone communication of a law enforcement
agency, a fire department, or emergency medical services
provider, knowing, or having reason to know that the act creates
a risk of obstructing, preventing, or misdirecting official law
enforcement, firefighting, or emergency medical services
communications, 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 $10,000, or both.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 28. Minnesota Statutes 2002, section 624.22,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL REQUIREMENTS; PERMIT;
INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not
prohibit the supervised display of fireworks by a statutory or
home rule charter city, fair association, amusement park, or
other organization, except that:
(1) a fireworks display may be conducted only when
supervised by an operator certified by the state fire marshal;
and
(2) a fireworks display must either be given by a
municipality or fair association within its own limits, or by
any other organization, whether public or private, only after a
permit for the display has first been secured.
(b) An application for a permit for an outdoor fireworks
display must be made in writing to the municipal clerk at least
15 days in advance of the date of the display and must list the
name of an operator who is certified by the state fire marshal
and will supervise the display. The application must be
promptly referred to the chief of the fire department, who shall
make an investigation to determine whether the operator of the
display is competent and is certified by the state fire marshal,
and whether the display is of such a character and is to be so
located, discharged, or fired that it will not be hazardous to
property or endanger any person. The fire chief shall report
the results of this investigation to the clerk. If the fire
chief reports that the operator is certified, that in the
chief's opinion the operator is competent, and that the
fireworks display as planned will conform to the safety
guidelines of the state fire marshal provided for in
paragraph (e) (f), the clerk shall issue a permit for the
display when the applicant pays a permit fee.
(c) When the supervised outdoor fireworks display for which
a permit is sought is to be held outside the limits of an
incorporated municipality, the application must be made to the
county auditor, and the auditor shall perform duties imposed by
sections 624.20 to 624.25 upon the clerk of the municipality.
When an application is made to the auditor, the county sheriff
shall perform the duties imposed on the fire chief of the
municipality by sections 624.20 to 624.25.
(d) An application for an indoor fireworks display permit
must be made in writing to the state fire marshal by the
operator of the facility in which the display is to occur at
least 15 days in advance of the date of any performance, show,
or event which will include the discharge of fireworks inside a
building or structure. The application must list the name of an
operator who is certified by the state fire marshal and will
supervise the display. The state fire marshal shall make an
investigation to determine whether the operator of the display
is competent and is properly certified and whether the display
is of such a character and is to be so located, discharged, or
fired that it will not be hazardous to property or endanger any
person. If the state fire marshal determines that the operator
is certified and competent, that the indoor fireworks display as
planned will conform to the safety guidelines provided for in
paragraph (f), and that adequate notice will be given to inform
patrons of the indoor fireworks display, the state fire marshal
shall issue a permit for the display when the applicant pays an
indoor fireworks fee of $150 and reimburses the fire marshal for
costs of inspection. Receipts from the indoor fireworks fee and
inspection reimbursements must be deposited in the general fund
as a nondedicated receipt. The state fire marshal may issue a
single permit for multiple indoor fireworks displays when all of
the displays are to take place at the same venue as part of a
series of performances by the same performer or group of
performers. A copy of the application must be promptly conveyed
to the chief of the local fire department, who shall make
appropriate preparations to ensure public safety in the vicinity
of the display. The operator of a facility where an indoor
fireworks display occurs must provide notice in a prominent
place as approved by the state fire marshal to inform patrons
attending a performance when indoor fireworks will be part of
that performance. The state fire marshal may grant a local fire
chief the authority to issue permits for indoor fireworks
displays. Before issuing a permit, a local fire chief must make
the determinations required in this paragraph.
(e) After a permit has been granted under either paragraph
(b) or (d), sales, possession, use and distribution of fireworks
for a display are lawful for that purpose only. A permit is not
transferable.
(e) (f) The state fire marshal shall adopt and disseminate
to political subdivisions rules establishing guidelines on
fireworks display safety that are consistent with sections
624.20 to 624.25 and the most recent editions of the Minnesota
Uniform Fire Code and the National Fire Protection Association
Standards, to insure that fireworks displays are given safely.
In the guidelines, the state fire marshal shall allow political
subdivisions to exempt the use of relatively safe fireworks for
theatrical special effects, ceremonial occasions, and other
limited purposes, as determined by the state fire marshal.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 29. [PILOT PROJECT FOR ENHANCED COMMUNITY POLICING.]
Subdivision 1. [PILOT PROJECT ESTABLISHED.] The Minnesota
alternative policing strategies (MAPS) program is hereby
established for the purpose of enhancing community policing
efforts throughout the state of Minnesota.
Subd. 2. [GRANT PROGRAM.] The commissioner of public
safety shall make grants to up to six law enforcement agencies,
consisting of no more than two urban, two suburban, and two
rural law enforcement agencies, based upon applications
submitted by law enforcement agencies explaining how they will
use the grants for enhanced community policing initiatives.
Subd. 3. [ELIGIBILITY FOR GRANT PROGRAM.] (a) To be
eligible for a grant under this program, the law enforcement
agency must be located in an area with a high crime rate and
gang, drug, or prostitution activity. The agency also must:
(1) provide a detailed plan for how the agency will use the
grant to promote education and awareness in the community about
law enforcement's activities, including providing education and
training for both peace officers and the community on community
policing initiatives;
(2) agree to use a portion of the funding to hire
additional peace officers;
(3) agree to assign designated peace officers for a period
of at least one year to work exclusively in the area where the
enhanced community policing efforts will take place;
(4) provide a plan for holding community meetings at least
monthly with law enforcement, including the designated peace
officers, prosecuting authorities, judges with jurisdiction in
the area, and community members to further law enforcement
outreach efforts; and
(5) agree to implement a system in which the designated
peace officers will be responsible for as many emergency 911
calls in their area as reasonably possible, while relieving
these officers from responsibility for answering emergency 911
calls in other areas absent extremely urgent circumstances.
(b) A law enforcement agency receiving funding under
Minnesota Statutes, section 299A.62, the community-oriented
policing (COPS) program, is eligible to compete for a grant
under this section.
Subd. 4. [REPORTS.] (a) Each law enforcement agency
receiving a grant under this section shall provide a written
report to the commissioner of public safety describing how the
grant was used and evaluating the effectiveness of the enhanced
community policing provided under this grant. Each agency shall
provide its report by September 30, 2004.
(b) The commissioner of public safety shall report to the
chairs and ranking minority leaders of the house and senate
committees with jurisdiction over criminal justice policy and
funding on distribution of grants under this section. This
report also shall summarize the information provided by law
enforcement agencies under paragraph (a). This report shall be
provided by December 15, 2004.
Subd. 5. [ROLE OF DEPARTMENT.] The commissioner shall
assist applicants seeking federal community oriented policing
services (COPS) grants under this section. This assistance
shall include, but is not limited to, pursuing a waiver of the
local match requirement.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 30. [HOTEL AND RESORT FIRE SAFETY INSPECTION FEE TASK
FORCE.]
The commissioner of public safety shall appoint a task
force concerning the assessment and administration of hotel and
resort inspection fees. The task force may look at alternative
fees and payment options and report back to the chairs of the
house judiciary committee and the senate state government
operations committee on any recommendations put forth by the
task force by January 15, 2004. The task force membership shall
consist of a representative of the state fire marshal's office,
a representative of the local fire marshal's, and
representatives of the hotel, resort, restaurant, and bed and
breakfast association.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 31. [APPROPRIATION.]
$344,000 is appropriated from the general fund in fiscal
year 2003 to the commissioner of public safety for the purposes
of this article. This is a onetime appropriation.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 32. [REPEALER.]
Minnesota Statutes 2002, section 123B.73 is repealed.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
ARTICLE 5
CORRECTIONS POLICY PROVISIONS
Section 1. Minnesota Statutes 2002, section 15A.0815,
subdivision 3, is amended to read:
Subd. 3. [GROUP II SALARY LIMITS.] The salaries for
positions in this subdivision may not exceed 85 percent of the
salary of the governor:
Ombudsman for corrections;
Executive director of gambling control board;
Commissioner, iron range resources and rehabilitation
board;
Commissioner, bureau of mediation services;
Ombudsman for mental health and retardation;
Chair, metropolitan council;
Executive director of pari-mutuel racing;
Executive director, public employees retirement
association;
Commissioner, public utilities commission;
Executive director, state retirement system; and
Executive director, teachers retirement association.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 2. Minnesota Statutes 2002, section 241.016,
subdivision 1, is amended to read:
Subdivision 1. [ANNUAL BIENNIAL REPORT.] (a) The
department of corrections shall submit a performance report to
the chairs and ranking minority members of the senate and house
committees and divisions having jurisdiction over criminal
justice funding by January 15 of each year, 2005, and every
other year thereafter. The issuance and content of the report
must include the following:
(1) department strategic mission, goals, and objectives;
(2) the department-wide per diem, adult facility-specific
per diems, and an average per diem, reported in a standard
calculated method as outlined in the departmental policies and
procedures; and
(3) department annual statistics as outlined in the
departmental policies and procedures.
(b) The department shall maintain recidivism rates for
adult facilities on an annual basis. In addition, each year the
department shall, on an alternating basis, complete a recidivism
analysis of adult facilities, juvenile services, and the
community services divisions and include a three-year recidivism
analysis in the report described in paragraph (a). When
appropriate, the recidivism analysis must include education
programs, vocational programs, treatment programs, industry, and
employment.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 3. Minnesota Statutes 2002, section 243.48,
subdivision 1, is amended to read:
Subdivision 1. [GENERAL SEARCHES.] The commissioner of
corrections, the governor, lieutenant governor, members of the
legislature, and state officers, and the corrections ombudsman,
may visit the inmates at pleasure, but no other persons without
permission of the chief executive officer of the facility, under
rules prescribed by the commissioner. A moderate fee may be
required of visitors, other than those allowed to visit at
pleasure. All fees so collected shall be reported and remitted
to the state treasurer under rules as the commissioner may deem
proper, and when so remitted shall be placed to the credit of
the general fund.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 4. Minnesota Statutes 2002, section 243.53,
subdivision 1, is amended to read:
Subdivision 1. [SEPARATE CELLS.] (a) When there are
sufficient cells available, each inmate shall be confined in a
separate cell. Each inmate shall be confined in a separate cell
in institutions classified by the commissioner as custody level
five and six institutions. This requirement does not apply to
the following:
(1) geriatric dormitory-type facilities;
(2) honor dormitory-type facilities; and
(3) any other multiple occupancy facility at a custody
level five or six institution that confines inmates who could be
confined in an institution at custody level four or lower.
(b) Correctional institutions classified by the
commissioner as custody level one, two, three, or four
institutions must permit multiple occupancy, except segregation
units, to the greatest extent possible.
(c) Correctional institutions classified by the
commissioner as custody level five must permit multiple
occupancy not to exceed the limits of facility infrastructure
and programming space.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 5. [243.557] [INMATE MEALS.]
Where inmates in a state correctional facility are not
routinely absent from the facility for work or other purposes,
the commissioner must make three meals available Monday through
Friday, excluding holidays, and at least two meals available on
Saturdays, Sundays, and holidays.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 6. [256B.0596] [MENTAL HEALTH CASE MANAGEMENT.]
Counties shall contract with eligible providers willing to
provide mental health case management services under section
256B.0625, subdivision 20. In order to be eligible, in addition
to general provider requirements under this chapter, the
provider must:
(1) be willing to provide the mental health case management
services; and
(2) have a minimum of at least one contact with the client
per week.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 7. Minnesota Statutes 2002, section 609.105,
subdivision 1, is amended to read:
Subdivision 1. In a felony sentence to imprisonment, when
the remaining term of imprisonment is for more than one year 180
days or less, the defendant shall commit the defendant be
committed to the custody of the commissioner of corrections and
must serve the remaining term of imprisonment at a workhouse,
work farm, county jail, or other place authorized by law.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 8. Minnesota Statutes 2002, section 609.105, is
amended by adding a subdivision to read:
Subd. 1a. [DEFINITIONS.] (a) The terms in this subdivision
apply to this section.
(b) "Remaining term of imprisonment" as applied to inmates
whose crimes were committed before August 1, 1993, is the period
of time for which an inmate is committed to the custody of the
commissioner of corrections minus earned good time and jail
credit, if any.
(c) "Remaining term of imprisonment" as applied to inmates
whose crimes were committed on or after August 1, 1993, is the
period of time equal to two-thirds of the inmate's executed
sentence, minus jail credit, if any.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 9. Minnesota Statutes 2002, section 609.105, is
amended by adding a subdivision to read:
Subd. 1b. [SENTENCE TO MORE THAN 180 DAYS.] A felony
sentence to imprisonment when the warrant of commitment has a
remaining term of imprisonment for more than 180 days shall
commit the defendant to the custody of the commissioner of
corrections.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 10. [609.1055] [OFFENDERS WITH SERIOUS AND PERSISTENT
MENTAL ILLNESS; ALTERNATIVE PLACEMENT.]
When a court intends to commit an offender with a serious
and persistent mental illness, as defined in section 245.462,
subdivision 20, paragraph (c), to the custody of the
commissioner of corrections for imprisonment at a state
correctional facility, either when initially pronouncing a
sentence or when revoking an offender's probation, the court,
when consistent with public safety, may instead place the
offender on probation or continue the offender's probation and
require as a condition of the probation that the offender
successfully complete an appropriate supervised alternative
living program having a mental health treatment component. This
section applies only to offenders who would have a remaining
term of imprisonment after adjusting for credit for prior
imprisonment, if any, of more than one year.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 11. Minnesota Statutes 2002, section 609.145, is
amended by adding a subdivision to read:
Subd. 3. [CREDIT.] When a person is to be committed to the
commissioner, the person's probation officer must provide to the
court, prior to the sentencing hearing, the amount of time the
person has in credit for prior imprisonment. The court must
pronounce credit for prior imprisonment at the time of
sentencing.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 12. Minnesota Statutes 2002, section 641.14, is
amended to read:
641.14 [JAILS; SEPARATION OF PRISONERS.]
The sheriff of each county is responsible for the operation
and condition of the jail. If construction of the jail permits,
the sheriff may permit multiple occupancy but the sheriff shall
maintain strict separation of prisoners to the extent that
separation is consistent with prisoners' security, safety,
health, and welfare. The sheriff shall not keep in the same
room or section of the jail:
(1) a minor under 18 years old and a prisoner who is 18
years old or older, unless:
(i) the minor has been committed to the commissioner of
corrections under section 609.105;
(ii) the minor has been referred for adult prosecution and
the prosecuting authority has filed a notice of intent to
prosecute the matter for which the minor is being held under
section 260B.125; or
(iii) the minor is 16 or 17 years old and has been indicted
for murder in the first degree;
(2) a female prisoner and a male prisoner; and
(3) a minor under 18 years old and an extended jurisdiction
juvenile 18 years old or older who is alleged to have violated
the conditions of the stay of execution.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 13. Minnesota Statutes 2002, section 641.263, is
amended by adding a subdivision to read:
Subd. 5. [MULTIPLE OCCUPANCY CELLS.] If construction of
the jail permits, the board may, by resolution, authorize
multiple occupancy, but the superintendent must maintain strict
separation of prisoners to the extent that separation is
necessary to ensure prisoners' security, safety, health, and
welfare.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 14. [ALTERNATIVE LIVING PROGRAMS FOR CERTAIN
OFFENDERS WITH MENTAL ILLNESS.]
The commissioner of corrections shall cooperate with
nonprofit entities to establish supervised alternative living
programs for offenders with serious and persistent mental
illness, as defined in Minnesota Statutes, section 245.462,
subdivision 20, paragraph (c). Each program must be structured
to accommodate between eight and 13 offenders who are required
to successfully complete the program as a condition of probation.
Each program must provide a residential component and include
mental health treatment and counseling, living and employment
skills development, and supported employment. Program directors
shall report program violations by participating offenders to
the offender's correctional agent.
By January 15, 2006, the commissioners of corrections and
human services shall evaluate the alternative placements
provided to offenders with mental illness under Minnesota
Statutes, section 609.1055. The evaluation shall address the
following issues: number of offenders who obtain and maintain
employment in the community, number sentenced to prison, costs,
and other issues deemed appropriate by the commissioners. The
commissioners shall identify barriers to successful
implementation and recommend any legislative changes needed.
The evaluation and other information required under this section
must be provided to the chairs of the house of representatives
and senate finance and policy committees having jurisdiction
over corrections and human services issues by the date specified
in this section.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 15. [RULE 36, MINNESOTA RULES, PARTS 9520.0500 TO
9520.0690, LICENSURE FOR ALTERNATIVE LIVING PROGRAMS FOR CERTAIN
OFFENDERS WITH MENTAL ILLNESS.]
The commissioner of human services shall approve additional
Rule 36 licenses in order to accommodate alternative living
programs for certain offenders with mental illness if:
(1) the provider meets applicable licensing standards; and
(2) additional Rule 36 programs are necessary to meet the
demand for alternative living programs for certain offenders
with mental illness.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 16. [FINANCING FOR RULE 36 PROGRAMS FOR ALTERNATIVE
LIVING PROGRAMS FOR CERTAIN OFFENDERS WITH MENTAL ILLNESS.]
Applicants for licensure of a Rule 36 program to provide an
alternative living program for certain offenders with mental
illness must be given special consideration and priority from
the Minnesota housing finance agency, as allowed, in order to
secure home loans for an alternative living program for certain
offenders with mental illness.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 17. [CORRECTIONS OMBUDSMAN DATA.]
Prior to July 1, 2003, the corrections ombudsman must
arrange for and cooperate in the transfer or other disposition
of the ombudsman's data and the government records, as defined
in Minnesota Statutes, section 138.17, subdivision 1, as
directed or provided under Minnesota Statutes, sections 138.161
to 138.25.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. [REPEALER.]
Laws 2002, chapter 220, article 6, section 6, is repealed.
Minnesota Statutes 2002, sections 13.855; 241.41; 241.42;
241.43; 241.44; 241.441; and 241.45, are repealed.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
ARTICLE 6
PROBATION
Section 1. [244.196] [DEFINITIONS.]
Subdivision 1. [DEFINITIONS.] As used in sections 244.196
to 244.199, the following terms have the meanings given them.
Subd. 2. [PROBATION.] "Probation" has the meaning given in
section 609.02, subdivision 15.
Subd. 3. [PROBATION VIOLATION SANCTION.] "Probation
violation sanction" includes, but is not limited to, electronic
monitoring, intensive probation, sentencing to service,
reporting to a day reporting center, chemical dependency or
mental health treatment or counseling, community work service,
remote electronic alcohol monitoring, random drug testing, and
participation in an educational or restorative justice program.
A probation violation sanction does not include any type of
custodial sanction, including, but not limited to, detention and
incarceration.
Subd. 4. [SANCTIONS CONFERENCE.] "Sanctions conference"
means a voluntary conference at which the county probation
officer, offender, and, if appropriate, other interested parties
meet to discuss the probation violation sanction for the
offender's technical violation of probation.
Subd. 5. [SANCTIONS CONFERENCE FORM.] "Sanctions
conference form" means a form developed by the chief executive
officer of a local corrections agency with the approval of the
district court that explains the sanctions conference and the
offender's option to elect to participate in the sanctions
conference or to proceed to a judicial hearing.
Subd. 6. [TECHNICAL VIOLATION.] "Technical violation"
means any violation of a court order of probation, except an
allegation of a subsequent criminal act that is alleged in a
formal complaint, citation, or petition.
Sec. 2. [244.197] [INITIATION OF SANCTIONS CONFERENCE.]
Subdivision 1. [AUTHORITY.] Unless the district court
directs otherwise, a probation agency may use a sanctions
conference to address an offender's technical violation of
probation.
Subd. 2. [NOTICE OF VIOLATION.] When a probation agency
has reason to believe that an offender has committed a technical
violation of probation, the agency shall notify the offender in
writing of the specific nature of the technical violation and
the scheduling of a sanctions conference, including the date,
time, and location of the sanctions conference. The notice
shall also state that if the offender fails to appear at the
sanctions conference, the probation agency may apprehend and
detain the offender under section 244.195 and ask the court to
commence revocation proceedings under section 609.14 and rule
27.04 of the Rules of Criminal Procedure. To the extent
feasible, the sanctions conference must take place within seven
days of mailing of the notice to the offender.
Subd. 3. [SANCTIONS CONFERENCE.] At the sanctions
conference, the county probation officer shall provide the
offender with a copy of a sanctions conference form explaining
the sanctions conference and the offender's options for
proceeding. The offender must stipulate, in writing, that the
offender has received a copy of the sanctions conference form
and that the offender understands the information contained in
the form and the options available to the offender. The
offender also must declare, in writing, the offender's decision
to either participate in the sanctions conference or proceed
with a judicial hearing.
Sec. 3. [244.198] [PARTICIPATION IN SANCTIONS CONFERENCE.]
Subdivision 1. [ELECTION TO PARTICIPATE.] If the offender
elects to participate in the sanctions conference, the county
probation officer shall inform the offender, orally and in
writing, of the probation violation sanction that the county
probation officer is recommending for the technical violation of
probation. The county probation officer shall inform the
offender that the probation violation sanction becomes effective
upon confirmation by a judge of the district court.
Subd. 2. [REPORT TO DISTRICT COURT.] If the offender
elects to participate in the sanctions conference, the county
probation officer conducting the sanctions conference shall
provide a report to the district court containing:
(1) the specific nature of the technical violation of
probation;
(2) the notice provided to the offender of the technical
violation of probation and the scheduling of the sanctions
conference;
(3) a copy of the offender's signed stipulation indicating
that the offender received a copy of the sanctions conference
form and understood it;
(4) a copy of the offender's written declaration to
participate in the sanctions conference; and
(5) the recommended probation violation sanction.
The recommended probation violation sanction becomes effective
when confirmed by a judge. The order of the court shall be
proof of such confirmation.
Subd. 3. [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the
county probation officer's receipt of a confirmed order by the
judge, the county probation officer shall notify the offender
and the prosecuting authority in writing that the probation
violation sanction has been approved by the court.
(b) If the court does not confirm the recommendation of the
county probation officer, the probation violation sanction shall
not go into effect. The county probation officer shall notify
the offender that the court has not confirmed the sanction.
(c) If the court does not confirm the recommendation, the
county probation officer may ask the court to commence
revocation proceedings under section 609.14.
Subd. 4. [APPEAL.] An offender may appeal the judge's
confirmation of the probation violation sanction as provided in
rule 28.05 of the Rules of Criminal Procedure.
Sec. 4. [244.199] [ELECTION NOT TO PARTICIPATE.]
If the offender elects not to participate in the sanctions
conference, the county probation officer may ask the court to
initiate revocation proceedings or refer the matter to the
appropriate prosecuting authority for action under section
609.14. The county probation officer also may take action to
apprehend and detain the offender under section 244.195.
Sec. 5. Minnesota Statutes 2002, section 609.135,
subdivision 1, is amended to read:
Subdivision 1. [TERMS AND CONDITIONS.] (a) Except when a
sentence of life imprisonment is required by law, or when a
mandatory minimum sentence is required by section 609.11, any
court may stay imposition or execution of sentence and:
(1) may order intermediate sanctions without placing the
defendant on probation; or
(2) may place the defendant on probation with or without
supervision and on the terms the court prescribes, including
intermediate sanctions when practicable. The court may order
the supervision to be under the probation officer of the court,
or, if there is none and the conviction is for a felony or gross
misdemeanor, by the commissioner of corrections, or in any case
by some other suitable and consenting person. Unless the court
directs otherwise, state parole and probation agents and
probation officers may impose community work service for an
offender's or probation violation sanctions, consistent with
section 243.05, subdivision 1; 244.19, subdivision 3a sections
244.196 to 244.199; or 401.02, subdivision 5.
No intermediate sanction may be ordered performed at a
location that fails to observe applicable requirements or
standards of chapter 181A or 182, or any rule promulgated under
them.
(b) For purposes of this subdivision, subdivision 6, and
section 609.14, the term "intermediate sanctions" includes but
is not limited to incarceration in a local jail or workhouse,
home detention, electronic monitoring, intensive probation,
sentencing to service, reporting to a day reporting center,
chemical dependency or mental health treatment or counseling,
restitution, fines, day-fines, community work service, work
service in a restorative justice program, work in lieu of or to
work off fines and, with the victim's consent, work in lieu of
or to work off restitution.
(c) A court may not stay the revocation of the driver's
license of a person convicted of violating the provisions of
section 169A.20.
Sec. 6. [244.1995] [SANCTIONS CONFERENCE PROCEDURES.]
The chief executive officer of a local corrections agency,
with approval of the district court, shall develop procedures
for the sanctions conference identified in
sections 244.196 to 244.199, and develop a sanctions conference
form that includes notice to the offender:
(1) of the specific court-ordered condition of release that
the offender has allegedly violated, the probation officer's
authority to ask the court to revoke the offender's probation
for the technical violation, and the offender's right to elect
to participate in a sanctions conference to address the
technical violation in lieu of the probation officer asking the
court to revoke the offender's probation;
(2) that participation in the sanctions conference is in
lieu of a court hearing under section
609.14, and that, if the offender elects to participate in the
sanctions conference, the offender must admit, or agree not to
contest, the alleged technical violation and must waive the
right to contest the violation at a judicial hearing, present
evidence, call witnesses, cross-examine the state's witnesses,
and be represented by counsel;
(3) that, if the offender chooses, the offender has a right
to a hearing before the court under section
609.14, for a determination of whether the offender committed
the alleged violation, including the right to be present at the
hearing, to cross-examine witnesses, to have witnesses
subpoenaed for the offender, to have an attorney present or to
have an attorney appointed if the offender cannot afford one,
and to require the state to prove the allegations against the
offender;
(4) that if, after a hearing, the court finds the
violations have been proven, the court may continue the
sentence, subject to the same, modified, or additional
conditions, or order a sanction that may include incarceration,
additional fines, revocation of the stay of sentence, imposition
of sentence, or other sanctions;
(5) that the decision to participate in the sanctions
conference will not result in the probation officer recommending
revocation of the offender's stay of sentence, unless the
offender fails to successfully complete the probation violation
sanction;
(6) that various types of probation violation sanctions may
be imposed and that the probation violation sanctions imposed on
the offender will depend on the nature of the technical
violation, the offender's criminal history, and the offender's
level of supervision;
(7) that the probation violation sanctions supplement any
existing conditions of release; and
(8) that participation in the sanctions conference requires
completion of all probation violation sanctions imposed by the
probation agency, and that failure to successfully complete the
imposed probation violation sanctions could result in additional
sanctions or the commencement of revocation proceedings under
section 609.14.
Sec. 7. [REPEALER.]
Minnesota Statutes 2002, section 244.19, subdivision 3a, is
repealed.
Sec. 8. [EFFECTIVE DATE.]
Sections 1 to 7 are effective August 1, 2003, and apply to
technical violations of probation that occur on or after that
date.
ARTICLE 7
JUVENILE LAW POLICY
Section 1. Minnesota Statutes 2002, section 260B.105,
subdivision 1, is amended to read:
Subdivision 1. [VENUE.] Except where otherwise provided,
venue for any proceedings under section 260B.101 shall be in the
county where the child is found, or the county of the child's
residence. If delinquency, a juvenile petty offense, or a
juvenile traffic offense is alleged, proceedings shall be
brought in the county of residence or the county where the
alleged delinquency, juvenile petty offense, or juvenile traffic
offense occurred.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to offenses committed on or after that date.
Sec. 2. Minnesota Statutes 2002, section 260B.105,
subdivision 2, is amended to read:
Subd. 2. [TRANSFER.] The judge of the juvenile court may
transfer any proceedings brought under section 260B.101, to the
juvenile court of a county having venue as provided in
subdivision 1, at any stage of the proceedings and in the
following manner. When it appears that the best interests of
the child, society, or the convenience of proceedings will be
served by a transfer, the court may transfer the case to the
juvenile court of the county of the child's residence. With the
consent of the receiving court, the court may also transfer the
case to the juvenile court of the county where the child is
found or,. If delinquency, a juvenile petty offense, or a
juvenile traffic offense is alleged, to the county where the
alleged delinquency, juvenile petty offense, or juvenile traffic
offense occurred the court shall first hear the case and then
may transfer the case to the juvenile court of the county of the
child's residence for disposition after a finding or admission
of guilt. The court transfers the case by ordering a
continuance and by forwarding to the court administrator of the
appropriate juvenile court a certified copy of all papers filed,
together with an order of transfer. The judge of the receiving
court may accept the findings of the transferring court or may
direct the filing of a new petition or notice under section
260B.007, subdivision 18, or 260B.143 and hear the case anew.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to offenses committed on or after that date.
Sec. 3. Minnesota Statutes 2002, section 260B.143,
subdivision 1, is amended to read:
Subdivision 1. [NOTICE.] When a peace officer has probable
cause to believe that a child:
(1) is a juvenile petty offender; or
(2) has committed a delinquent act that would be a petty
misdemeanor or misdemeanor if committed by an adult,
the officer may issue a notice to the child to appear in
juvenile court in the county in which the child is found or in
the county of the child's residence or, in the case of a
juvenile petty offense, or a petty misdemeanor or misdemeanor
delinquent act, the county in which the offense was committed is
alleged to have committed the offense. The officer shall file a
copy of the notice to appear with the juvenile court of the
appropriate county. If a child fails to appear in response to
the notice, the court may issue a summons notifying the child of
the nature of the offense alleged and the time and place set for
the hearing. If the peace officer finds it necessary to take
the child into custody, sections 260B.175 and 260B.176 shall
apply.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to offenses committed on or after that date.
Sec. 4. Minnesota Statutes 2002, section 260C.163,
subdivision 5, is amended to read:
Subd. 5. [GUARDIAN AD LITEM.] (a) The court shall appoint
a guardian ad litem to protect the interests of the minor when
it appears, at any stage of the proceedings, that the minor is
without a parent or guardian, or that the minor's parent is a
minor or incompetent, or that the parent or guardian is
indifferent or hostile to the minor's interests, and in every
proceeding alleging a child's need for protection or services
under section 260C.007, subdivision 6, except proceedings where
the sole allegation is that the child is a runaway or habitual
truant. In any other case the court may appoint a guardian ad
litem to protect the interests of the minor when the court feels
that such an appointment is desirable. The court shall appoint
the guardian ad litem on its own motion or in the manner
provided for the appointment of a guardian ad litem in the
district court. The court may appoint separate counsel for the
guardian ad litem if necessary.
(b) A guardian ad litem shall carry out the following
responsibilities:
(1) conduct an independent investigation to determine the
facts relevant to the situation of the child and the family,
which must include, unless specifically excluded by the court,
reviewing relevant documents; meeting with and observing the
child in the home setting and considering the child's wishes, as
appropriate; and interviewing parents, caregivers, and others
with knowledge relevant to the case;
(2) advocate for the child's best interests by
participating in appropriate aspects of the case and advocating
for appropriate community services when necessary;
(3) maintain the confidentiality of information related to
a case, with the exception of sharing information as permitted
by law to promote cooperative solutions that are in the best
interests of the child;
(4) monitor the child's best interests throughout the
judicial proceeding; and
(5) present written reports on the child's best interests
that include conclusions and recommendations and the facts upon
which they are based.
(c) Except in cases where the child is alleged to have been
abused or neglected, the court may waive the appointment of a
guardian ad litem pursuant to clause (a), whenever counsel has
been appointed pursuant to subdivision 2 or is retained
otherwise, and the court is satisfied that the interests of the
minor are protected.
(d) In appointing a guardian ad litem pursuant to clause
(a), the court shall not appoint the party, or any agent or
employee thereof, filing a petition pursuant to section 260C.141.
(e) The following factors shall be considered when
appointing a guardian ad litem in a case involving an Indian or
minority child:
(1) whether a person is available who is the same racial or
ethnic heritage as the child or, if that is not possible;
(2) whether a person is available who knows and appreciates
the child's racial or ethnic heritage.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to offenses committed on or after that date.
ARTICLE 8
CRIMINAL JUSTICE
Section 1. Minnesota Statutes 2002, section 16A.151,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] (a) If a state official litigates
or settles a matter on behalf of specific injured persons or
entities, this section does not prohibit distribution of money
to the specific injured persons or entities on whose behalf the
litigation or settlement efforts were initiated. If money
recovered on behalf of injured persons or entities cannot
reasonably be distributed to those persons or entities because
they cannot readily be located or identified or because the cost
of distributing the money would outweigh the benefit to the
persons or entities, the money must be paid into the general
fund.
(b) Money recovered on behalf of a fund in the state
treasury other than the general fund may be deposited in that
fund.
(c) This section does not prohibit a state official from
distributing money to a person or entity other than the state in
litigation or potential litigation in which the state is a
defendant or potential defendant.
(d) State agencies may accept funds as directed by a
federal court for any restitution or monetary penalty under
United States Code, title 18, section 3663(a)(3) or United
States Code, title 18, section 3663A(a)(3). Funds received must
be deposited in a special revenue account and are appropriated
to the commissioner of the agency for the purpose as directed by
the federal court.
Sec. 2. Minnesota Statutes 2002, section 152.021,
subdivision 2a, is amended to read:
Subd. 2a. [MANUFACTURE CRIMES.] (a) Notwithstanding
subdivision 1, sections 152.022, subdivision 1, 152.023,
subdivision 1, and 152.024, subdivision 1, a person is guilty of
controlled substance crime in the first degree if the person
manufactures any amount of methamphetamine.
(b) Notwithstanding paragraph (a) and section 609.17, a
person is guilty of attempted manufacture of methamphetamine if
the person possesses any chemical reagents or precursors with
the intent to manufacture methamphetamine. As used in this
section, "chemical reagents or precursors" refers to one or more
of the following substances, or their salts, isomers, and salts
of isomers:
(1) ephedrine;
(2) pseudoephedrine;
(3) phenyl-2-propanone;
(4) phenylacetone;
(5) anhydrous ammonia, as defined in section 18C.005,
subdivision 1a;
(6) organic solvents;
(7) hydrochloric acid;
(8) lithium metal;
(9) sodium metal;
(10) ether;
(11) sulfuric acid;
(12) red phosphorus;
(13) iodine;
(14) sodium hydroxide;
(15) benzaldehyde;
(16) benzyl methyl ketone;
(17) benzyl cyanide;
(18) nitroethane;
(19) methylamine;
(20) phenylacetic acid;
(21) hydriodic acid; or
(22) hydriotic acid.
[EFFECTIVE DATE.] This section is effective for crimes
committed on or after August 1, 2003.
Sec. 3. Minnesota Statutes 2002, section 152.021,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) A person convicted under
subdivisions 1 to 2a, paragraph (a), may be sentenced to
imprisonment for not more than 30 years or to payment of a fine
of not more than $1,000,000, or both; a person convicted under
subdivision 2a, paragraph (b), 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.
(b) If the conviction is a subsequent controlled substance
conviction, a person convicted under subdivisions 1 to 2a,
paragraph (a), shall be committed to the commissioner of
corrections for not less than four years nor more than 40 years
and, in addition, may be sentenced to payment of a fine of not
more than $1,000,000; a person convicted under subdivision 2a,
paragraph (b), may be sentenced to imprisonment for not more
than four years or to payment of a fine of not more than $5,000,
or both.
(c) In a prosecution under subdivision 1 involving sales by
the same person in two or more counties within a 90-day period,
the person may be prosecuted for all of the sales in any county
in which one of the sales occurred.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 4. Minnesota Statutes 2002, 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 primary address, including living in another state, the
person shall give written notice of the new primary 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. A person required to
register under this section shall also give written notice to
the assigned corrections agent or to the law enforcement
authority that has jurisdiction in the area of the person's
residence that the person is no longer living or staying at an
address, immediately after the person is no longer living or
staying at that address. 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. If the person's obligation to register arose under
subdivision 1, paragraph (b), the person's registration
requirements under this section terminate when the person begins
living in the new state.
(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. A person's obligation to register under
this paragraph terminates when the person is no longer working
or attending school in Minnesota.
(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.
[EFFECTIVE DATE.] Section 4 is effective July 1, 2003, and
applies to persons released from confinement, sentenced, subject
to registration, or who commit offenses on or after that date.
Sec. 5. Minnesota Statutes 2002, section 243.166,
subdivision 4a, is amended 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
in Minnesota, including all addresses used for residential or
recreational purposes;
(3) the addresses of all Minnesota 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.
"Motor vehicle" has the meaning given "vehicle" in section
169.01, subdivision 2.
(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
any information reported under clauses (1) to (6) no longer
applies to previously reported information, the person shall
immediately inform the agent or authority that the information
is no longer valid.
[EFFECTIVE DATE.] Section 5 is effective July 1, 2003, and
applies to persons released from confinement, sentenced, subject
to registration, or who commit offenses on or after that date.
Sec. 6. Minnesota Statutes 2002, section 357.021,
subdivision 6, is amended to read:
Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.]
(a) The court shall impose and the court administrator shall
collect a $35 $60 surcharge on every person convicted of any
felony, gross misdemeanor, misdemeanor, or petty misdemeanor
offense, other than a violation of a law or ordinance relating
to vehicle parking, for which there shall be a $3 surcharge.
The surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed.
(b) If the court fails to impose a surcharge as required by
this subdivision, the court administrator shall show the
imposition of the surcharge, collect the surcharge and correct
the record.
(c) The court may not waive payment of the surcharge
required under this subdivision. Upon a showing of indigency or
undue hardship upon the convicted person or the convicted
person's immediate family, the sentencing court may authorize
payment of the surcharge in installments.
(d) The court administrator or other entity collecting a
surcharge shall forward it to the state treasurer.
(e) If the convicted person is sentenced to imprisonment
and has not paid the surcharge before the term of imprisonment
begins, the chief executive officer of the correctional facility
in which the convicted person is incarcerated shall collect the
surcharge from any earnings the inmate accrues from work
performed in the facility or while on conditional release. The
chief executive officer shall forward the amount collected to
the state treasurer.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
and applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2002, section 357.021,
subdivision 7, is amended to read:
Subd. 7. [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.]
(a) Except as provided in paragraphs (b) and (c), the state
treasurer shall disburse surcharges received under subdivision 6
and section 97A.065, subdivision 2, as follows:
(1) one percent shall be credited to the game and fish fund
to provide peace officer training for employees of the
department of natural resources who are licensed under sections
626.84 to 626.863, and who possess peace officer authority for
the purpose of enforcing game and fish laws;
(2) 39 percent shall be credited to the peace officers
training account in the special revenue fund; and
(3) 60 percent shall be credited to the general fund.
(b) The state treasurer shall credit $3 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2,
to a criminal justice special projects account in the special
revenue fund. This account is available for appropriation to
the commissioner of public safety for grants to law enforcement
agencies and for other purposes authorized by the
legislature the general fund.
(c) In addition to any amounts credited under paragraph
(a), the state treasurer shall credit $7 $32 of each surcharge
received under subdivision 6 and section 97A.065, subdivision 2,
and the $3 parking surcharge, to the general fund.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 8. Minnesota Statutes 2002, section 609.2231, is
amended by adding a subdivision to read:
Subd. 7. [COMMUNITY CRIME PREVENTION GROUP MEMBERS.] (a) A
person is guilty of a gross misdemeanor who:
(1) assaults a community crime prevention group member
while the member is engaged in neighborhood patrol;
(2) should reasonably know that the victim is a community
crime prevention group member engaged in neighborhood patrol;
and
(3) inflicts demonstrable bodily harm.
(b) As used in this subdivision, "community crime
prevention group" means a community group focused on community
safety and crime prevention that:
(1) is organized for the purpose of discussing community
safety and patrolling community neighborhoods for criminal
activity;
(2) is designated and trained by the local law enforcement
agency as a community crime prevention group; or
(3) interacts with local law enforcement regarding
community safety issues.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to crimes committed on or
after that date.
Sec. 9. Minnesota Statutes 2002, section 609.527,
subdivision 3, is amended to read:
Subd. 3. [PENALTIES.] A person who violates subdivision 2
may be sentenced as follows:
(1) if the offense involves a single direct victim and the
total, combined loss to the direct victim and any indirect
victims is $250 or less, the person may be sentenced as provided
in section 609.52, subdivision 3, clause (5);
(2) if the offense involves a single direct victim and the
total, combined loss to the direct victim and any indirect
victims is more than $250 but not more than $500, the person may
be sentenced as provided in section 609.52, subdivision 3,
clause (4);
(3) if the offense involves two or three direct victims or
the total, combined loss to the direct and indirect victims is
more than $500 but not more than $2,500, the person may be
sentenced as provided in section 609.52, subdivision 3, clause
(3); and
(4) if the offense involves four or more than three but not
more than seven direct victims, or if the total, combined loss
to the direct and indirect victims is more than $2,500, the
person may be sentenced as provided in section 609.52,
subdivision 3, clause (2); and
(5) if the offense involves eight or more direct victims,
or if the total, combined loss to the direct and indirect
victims is more than $35,000, the person may be sentenced as
provided in section 609.52, subdivision 3, clause (1).
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2002, section 609.66,
subdivision 1a, is amended to read:
Subd. 1a. [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS
DISCHARGE.] (a) Except as otherwise provided in subdivision 1h,
whoever does any of the following is guilty of a felony and may
be sentenced as provided in paragraph (b):
(1) sells or has in possession any device designed to
silence or muffle the discharge of a firearm;
(2) intentionally discharges a firearm under circumstances
that endanger the safety of another; or
(3) recklessly discharges a firearm within a municipality.
(b) A person convicted under paragraph (a) may be sentenced
as follows:
(1) if the act was a violation of paragraph (a), clause
(2), or if the act was a violation of paragraph (a), clause (1)
or (3), and was committed in a public housing zone, as defined
in section 152.01, subdivision 19, a school zone, as defined in
section 152.01, subdivision 14a, or a park zone, as defined in
section 152.01, subdivision 12a, to imprisonment for not more
than five years or to payment of a fine of not more than
$10,000, or both; or
(2) otherwise, to imprisonment for not more than two years
or to payment of a fine of not more than $5,000, or both.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 11. Minnesota Statutes 2002, section 609.66, is
amended by adding a subdivision to read:
Subd. 1h. [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT
PURPOSES.] Notwithstanding subdivision 1a, paragraph (a), clause
(1), licensed peace officers may use devices designed to silence
or muffle the discharge of a firearm for tactical emergency
response operations. Tactical emergency response operations
include execution of high risk search and arrest warrants,
incidents of terrorism, hostage rescue, and any other tactical
deployments involving high risk circumstances. The chief law
enforcement officer of a law enforcement agency that has the
need to use silencing devices must establish and enforce a
written policy governing the use of the devices.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2002, section 609.68, is
amended to read:
609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.]
Whoever unlawfully deposits garbage, rubbish, offal, or the
body of a dead animal, or other litter in or upon any public
highway, public waters or the ice thereon, shoreland areas
adjacent to rivers or streams as defined by section 103F.205,
public lands, or, without the consent of the owner, private
lands or water or ice thereon, is guilty of a petty misdemeanor.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 13. Minnesota Statutes 2002, section 609.681, is
amended to read:
609.681 [UNLAWFUL SMOKING.]
A person is guilty of a petty misdemeanor if the person
intentionally smokes in a building, area, or common carrier in
which "no smoking" notices have been prominently posted, or when
requested not to by the operator of the common carrier.
[EFFECTIVE DATE.] This section is effective August 1, 2003
and applies to crimes committed on or after that date.
Sec. 14. Minnesota Statutes 2002, section 609.748,
subdivision 3, is amended to read:
Subd. 3. [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A
petition for relief must allege facts sufficient to show the
following:
(1) the name of the alleged harassment victim;
(2) the name of the respondent; and
(3) that the respondent has engaged in harassment.
The petition shall be accompanied by an affidavit made under
oath stating the specific facts and circumstances from which
relief is sought. The court shall provide simplified forms and
clerical assistance to help with the writing and filing of a
petition under this section and shall advise the petitioner of
the right to sue in forma pauperis under section 563.01. The
court shall advise the petitioner of the right to request a
hearing. If the petitioner does not request a hearing, the
court shall advise the petitioner that the respondent may
request a hearing and that notice of the hearing date and time
will be provided to the petitioner by mail at least five days
before the hearing. Upon receipt of the petition and a request
for a hearing by the petitioner, the court shall order a
hearing, which must be held not later than 14 days from the date
of the order. Personal service must be made upon the respondent
not less than five days before the hearing. If personal service
cannot be completed in time to give the respondent the minimum
notice required under this paragraph, the court may set a new
hearing date. Nothing in this section shall be construed as
requiring a hearing on a matter that has no merit.
(b) Notwithstanding paragraph (a), the order for a hearing
and a temporary order issued under subdivision 4 may be served
on the respondent by means of a one-week published notice under
section 645.11, if:
(1) the petitioner files an affidavit with the court
stating that an attempt at personal service made by a sheriff
was unsuccessful because the respondent is avoiding service by
concealment or otherwise; and
(2) a copy of the petition and order for hearing and any
temporary restraining order has been mailed to the respondent at
the respondent's residence or place of business, if the
respondent is an organization, or the respondent's residence or
place of business is not known to the petitioner.
(c) Regardless of the method of service, if the respondent
is a juvenile, whenever possible, the court also shall have
notice of the pendency of the case and of the time and place of
the hearing served by mail at the last known address upon any
parent or guardian of the juvenile respondent who is not the
petitioner.
(d) A request for a hearing under this subdivision must be
made within 45 days of the filing or receipt of the petition.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 15. Minnesota Statutes 2002, section 609.748,
subdivision 4, is amended to read:
Subd. 4. [TEMPORARY RESTRAINING ORDER.] (a) The court may
issue a temporary restraining order ordering the respondent to
cease or avoid the harassment of another person or to have no
contact with that person if the petitioner files a petition in
compliance with subdivision 3 and if the court finds reasonable
grounds to believe that the respondent has engaged in
harassment. When a petition alleges harassment as defined by
subdivision 1, paragraph (a), clause (1), the petition must
further allege an immediate and present danger of harassment
before the court may issue a temporary restraining order under
this section.
(b) Notice need not be given to the respondent before the
court issues a temporary restraining order under this
subdivision. A copy of the restraining order must be served on
the respondent along with the order for hearing and petition, as
provided in subdivision 3. If the respondent is a juvenile,
whenever possible, a copy of the restraining order, along with
notice of the pendency of the case and the time and place of the
hearing, shall also be served by mail at the last known address
upon any parent or guardian of the juvenile respondent who is
not the petitioner. A temporary restraining order may be
entered only against the respondent named in the petition.
(c) The temporary restraining order is in effect until a
hearing is held on the issuance of a restraining order under
subdivision 5. The court shall hold the hearing on the issuance
of a restraining order within 14 days after the temporary
restraining order is issued unless (1) the time period is
extended upon written consent of the parties; or (2) the time
period is extended if the petitioner requests a hearing. The
hearing may be continued by the court for one additional 14-day
period upon a showing that the respondent has not been served
with a copy of the temporary restraining order despite the
exercise of due diligence or if service is made by published
notice under subdivision 3 and the petitioner files the
affidavit required under that subdivision.
(d) If the temporary restraining order has been issued and
the respondent requests a hearing, the hearing shall be
scheduled by the court upon receipt of the respondent's
request. Service of the notice of hearing must be made upon the
petitioner not less than five days prior to the hearing. The
court shall serve the notice of the hearing upon the petitioner
by mail in the manner provided in the rules of civil procedure
for pleadings subsequent to a complaint and motions and shall
also mail notice of the date and time of the hearing to the
respondent. In the event that service cannot be completed in
time to give the respondent or petitioner the minimum notice
required under this subdivision, the court may set a new hearing
date.
(e) A request for a hearing under this subdivision must be
made within 45 days after the temporary restraining order is
issued.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 16. Minnesota Statutes 2002, section 609.748,
subdivision 5, is amended to read:
Subd. 5. [RESTRAINING ORDER.] (a) The court may grant a
restraining order ordering the respondent to cease or avoid the
harassment of another person or to have no contact with that
person if all of the following occur:
(1) the petitioner has filed a petition under subdivision
3;
(2) the sheriff has served respondent with a copy of the
temporary restraining order obtained under subdivision 4, and
with notice of the time and place of the right to request a
hearing, or service has been made by publication under
subdivision 3, paragraph (b); and
(3) the court finds at the hearing that there are
reasonable grounds to believe that the respondent has engaged in
harassment.
A restraining order may be issued only against the respondent
named in the petition; except that if the respondent is an
organization, the order may be issued against and apply to all
of the members of the organization. Relief granted by the
restraining order must be for a fixed period of not more than
two years. When a referee presides at the hearing on the
petition, the restraining order becomes effective upon the
referee's signature.
(b) An order issued under this subdivision must be
personally served upon the respondent.
[EFFECTIVE DATE.] This section is effective July 1, 2003.
Sec. 17. [611A.0392] [NOTICE TO COMMUNITY CRIME PREVENTION
GROUP.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them.
(b) "Cities of the first class" has the meaning given in
section 410.01.
(c) "Community crime prevention group" means a community
group focused on community safety and crime prevention that:
(1) meets regularly for the purpose of discussing community
safety and patrolling community neighborhoods for criminal
activity;
(2) is previously designated by the local law enforcement
agency as a community crime prevention group; and
(3) interacts regularly with the police regarding community
safety issues.
Subd. 2. [NOTICE.] (a) A law enforcement agency that is
responsible for arresting individuals who commit crimes within
cities of the first class shall make reasonable efforts to
disclose certain information in a timely manner to the
designated leader of a community crime prevention group that has
reported criminal activity, excluding petty misdemeanors, to law
enforcement. The law enforcement agency shall make reasonable
efforts to disclose information on the final outcome of the
investigation into the criminal activity including, but not
limited to, where appropriate, the decision to arrest or not
arrest the person and whether the matter was referred to a
prosecuting authority. If the matter is referred to a
prosecuting authority, the law enforcement agency must notify
the prosecuting authority of the community crime prevention
group's request for notice under this subdivision.
(b) A prosecuting authority who is responsible for filing
charges against or prosecuting a person arrested for a criminal
offense in cities of the first class shall make reasonable
efforts to disclose certain information in a timely manner to
the designated leader of a community crime prevention group that
has reported specific criminal activity to law enforcement. The
prosecuting authority shall make reasonable efforts to disclose
information on the final outcome of the criminal proceeding that
resulted from the arrest including, but not limited to, where
appropriate, the decision to dismiss or not file charges against
the arrested person.
(c) A community crime prevention group that would like to
receive written or Internet notice under this subdivision must
request the law enforcement agency and the prosecuting authority
where the specific alleged criminal conduct occurred to provide
notice to the community crime prevention group leader. The
community crime prevention group must provide the law
enforcement agency with the name, address, and telephone number
of the community crime prevention group leader and the preferred
method of communication.
[EFFECTIVE DATE.] This section is effective July 1, 2003,
and applies to crimes committed on or after that date.
Sec. 18. [SENTENCING GUIDELINES MODIFICATIONS REQUIRED;
AGGRAVATING FACTOR; IDENTITY THEFT.]
By August 1, 2003, the sentencing guidelines commission
shall modify Minnesota Sentencing Guidelines, section II.D., by
adding to the list of the aggravating factors that may be used
as a basis for a sentencing departure, the offender's use of
another's identity without authorization to commit a crime.
This aggravating factor may not be used when the use of
another's identity is an element of the offense.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 19. [REPEALER.]
Minnesota Statutes 2002, section 152.135, subdivision 4, is
repealed.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
ARTICLE 9
DRIVING WHILE IMPAIRED PROVISIONS
Section 1. Minnesota Statutes 2002, section 169A.03,
subdivision 21, is amended to read:
Subd. 21. [PRIOR IMPAIRED DRIVING-RELATED LOSS OF
LICENSE.] (a) "Prior impaired driving-related loss of license"
includes a driver's license suspension, revocation,
cancellation, denial, or disqualification under:
(1) section 169A.31 (alcohol-related school bus or Head
Start bus driving); 169A.50 to 169A.53 (implied consent law);
169A.54 (impaired driving convictions and adjudications;
administrative penalties); 171.04 (persons not eligible for
drivers' licenses); 171.14 (cancellation); 171.16 (court may
recommend suspension); 171.165 (commercial driver's license,
disqualification); 171.17 (revocation); or 171.18 (suspension);
because of an alcohol-related incident;
(2) section 609.21 (criminal vehicular homicide and injury,
substance-related offenses), subdivision 1, clauses (2) to (6);
subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2)
to (6); subdivision 2b, clauses (2) to (6); subdivision 3,
clauses (2) to (6); or subdivision 4, clauses (2) to (6);
(3) Minnesota Statutes 1998, section 169.121 (driver under
influence of alcohol or controlled substance); 169.1211
(alcohol-related driving by commercial vehicle drivers); or
169.123 (chemical tests for intoxication); or
(4) an ordinance from this state, or a statute or ordinance
from another state, in conformity with any provision listed in
clause (1), (2), or (3).
(b) "Prior impaired driving-related loss of license" also
includes the revocation of snowmobile or all-terrain vehicle
operating privileges under section 84.911 (chemical testing), or
motorboat operating privileges under section 86B.335 (testing
for alcohol and controlled substances), for violations that
occurred on or after August 1, 1994; the revocation of
snowmobile or all-terrain vehicle operating privileges under
section 84.91 (operation of snowmobiles and all-terrain vehicles
by persons under the influence of alcohol or controlled
substances); or the revocation of motorboat operating privileges
under section 86B.331 (operation while using alcohol or drugs or
with a physical or mental disability).
(c) "Prior impaired driving-related loss of license" does
not include any license action stemming solely from a violation
of section 169A.33 (underage drinking and driving), 171.09
(conditions of a restricted license), or 340A.503 (persons under
the age of 21, illegal acts).
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 2. Minnesota Statutes 2002, section 169A.03, is
amended by adding a subdivision to read:
Subd. 5a. [CONTROL ANALYSIS.] "Control analysis" means a
procedure involving a solution that yields a predictable alcohol
concentration reading.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 3. Minnesota Statutes 2002, section 169A.20,
subdivision 2, is amended to read:
Subd. 2. [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is
a crime for any person to refuse to submit to a chemical test of
the person's blood, breath, or urine under section 169A.51
(chemical tests for intoxication), or 169A.52 (test refusal or
failure; revocation of license).
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 4. Minnesota Statutes 2002, section 169A.25,
subdivision 1, is amended to read:
Subdivision 1. [DEGREE DESCRIBED.] (a) A person who
violates section 169A.20, subdivision 1 (driving while
impaired crime), is guilty of second-degree driving while
impaired if two or more aggravating factors were present when
the violation was committed.
(b) A person who violates section 169A.20, subdivision 2
(refusal to submit to chemical test crime), is guilty of
second-degree driving while impaired if one aggravating factor
was present when the violation was committed.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 5. Minnesota Statutes 2002, section 169A.26,
subdivision 1, is amended to read:
Subdivision 1. [DEGREE DESCRIBED.] (a) A person who
violates section 169A.20, subdivision 1 (driving while
impaired crime), is guilty of third-degree driving while
impaired if one aggravating factor was present when the
violation was committed.
(b) A person who violates section 169A.20, subdivision 2
(refusal to submit to chemical test crime), is guilty of
third-degree driving while impaired.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 6. Minnesota Statutes 2002, section 169A.27,
subdivision 1, is amended to read:
Subdivision 1. [DEGREE DESCRIBED.] A person who violates
section 169A.20, subdivision 1 (driving while impaired crime),
is guilty of fourth-degree driving while impaired.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 7. Minnesota Statutes 2002, section 169A.275,
subdivision 3, is amended to read:
Subd. 3. [FOURTH OFFENSE.] (a) Unless the court commits
the person to the custody of the commissioner of corrections as
provided in section 169A.276 (mandatory penalties; felony
violations), the court shall sentence a person who is convicted
of a violation of section 169A.20 (driving while impaired)
within ten years of the first of three qualified prior impaired
driving incidents to either:
(1) a minimum of 180 days of incarceration, at least 30
days of which must be served consecutively in a local
correctional facility; or
(2) a program of intensive supervision of the type
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional
facility; or
(3) a program of staggered sentencing involving a minimum
of 180 days of incarceration, at least 30 days of which must be
served consecutively in a local correctional facility.
(b) The court may order that the person serve not more than
150 days of the minimum penalty under paragraph (a), clause (1),
on home detention or in an intensive probation program described
in section 169A.74. Notwithstanding section 609.135, the
penalties in this subdivision must be imposed and executed.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 8. Minnesota Statutes 2002, section 169A.275,
subdivision 4, is amended to read:
Subd. 4. [FIFTH OFFENSE OR MORE.] (a) Unless the court
commits the person to the custody of the commissioner of
corrections as provided in section 169A.276 (mandatory
penalties; felony violations), the court shall sentence a person
who is convicted of a violation of section 169A.20 (driving
while impaired) within ten years of the first of four or more
qualified prior impaired driving incidents to either:
(1) a minimum of one year of incarceration, at least 60
days of which must be served consecutively in a local
correctional facility; or
(2) a program of intensive supervision of the type
described in section 169A.74 (pilot programs of intensive
probation for repeat DWI offenders) that requires the person to
consecutively serve at least six days in a local correctional
facility; or
(3) a program of staggered sentencing involving a minimum
of one year of incarceration, at least 60 days of which must be
served consecutively in a local correctional facility.
(b) The court may order that the person serve the remainder
of the minimum penalty under paragraph (a), clause (1), on
intensive probation using an electronic monitoring system or, if
such a system is unavailable, on home detention.
Notwithstanding section 609.135, the penalties in this
subdivision must be imposed and executed.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 9. Minnesota Statutes 2002, section 169A.275, is
amended by adding a subdivision to read:
Subd. 6. [DEFINITIONS.] (a) For purposes of this section,
the following terms have the meanings given.
(b) "Staggered sentencing" means a sentencing procedure in
which the court sentences a person convicted of a gross
misdemeanor or felony violation of section 169A.20 (driving
while impaired) to an executed sentence of incarceration in a
local correctional facility, to be served in equal segments in
three or more consecutive years. Before reporting for any
subsequent segment of incarceration after the first segment, the
offender shall be regularly involved in a structured sobriety
group and may bring a motion before the court requesting to have
that segment of incarceration stayed. The motion must be
brought before the same judge who initially pronounced the
sentence. Before bringing the motion, the offender shall
participate for 30 days in a remote electronic
alcohol-monitoring program under the direction of the person's
probation agent. It is within the court's discretion to stay
the second or subsequent segment of remote electronic alcohol
monitoring or incarceration that has previously been ordered.
The court shall consider any alcohol-monitoring results and the
recommendation of the probation agent, together with any other
factors deemed relevant by the court, in deciding whether to
modify the sentence by ordering a stay of the next following
segment of remote electronic alcohol monitoring or incarceration
that the court had initially ordered to be executed.
(c) When the court stays a segment of incarceration that it
has previously ordered to be executed, that portion of the
sentence must be added to the total number of days the defendant
is subject to serving in custody if the person subsequently
violates any of the conditions of that stay of execution.
(d) A structured sobriety group is an organization that has
regular meetings focusing on sobriety and includes, but is not
limited to, Alcoholics Anonymous.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 10. Minnesota Statutes 2002, section 169A.40,
subdivision 3, is amended to read:
Subd. 3. [FIRST-DEGREE AND SECOND-DEGREE CERTAIN DWI
OFFENDERS; CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the
Rules of Criminal Procedure, a peace officer acting without a
warrant who has decided to proceed with the prosecution of a
person for violating section 169A.20 (driving while impaired),
shall arrest and take the person into custody, and the person
must be detained until the person's first court appearance, if
the officer has reason to believe that the violation occurred:
(1) under the circumstances described in section 169A.24
(first-degree driving while impaired) or 169A.25 (second-degree
driving while impaired).;
(2) under the circumstances described in section 169A.26
(third-degree driving while impaired) if the person is under the
age of 19;
(3) in the presence of an aggravating factor described in
section 169A.03, subdivision 3, clause (2) or (3); or
(4) while the person's driver's license or driving
privileges have been canceled under section 171.04, subdivision
1, clause (10) (persons not eligible for drivers' licenses,
inimical to public safety).
The person shall be detained until the person's first court
appearance.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 11. Minnesota Statutes 2002, section 169A.44, is
amended to read:
169A.44 [CONDITIONAL RELEASE.]
Subdivision 1. [NONFELONY VIOLATIONS.] (a) This section
subdivision applies to a person charged with:
(1) a nonfelony violation of section 169A.20 (driving while
impaired) within ten years of the first of two or more prior
impaired driving convictions;
(2) a violation of section 169A.20, if the person is under
the age of 19 years and has previously been convicted of
violating section 169A.20 or Minnesota Statutes 1998, section
169.121 (driver under the influence of alcohol or controlled
substance);
(3) a violation of section 169A.20, while the person's
driver's license or driving privileges have been canceled under
section 171.04, subdivision 1, clause (10) (persons not eligible
for drivers' licenses, inimical to public safety); or
(4) a violation of section 169A.20 by a person having an
alcohol concentration of 0.20 or more as measured at the time,
or within two hours of the time, of the offense under
circumstances described in section 169A.40, subdivision 3
(certain DWI offenders; custodial arrest).
(b) Unless maximum bail is imposed under section 629.471, a
person described in paragraph (a) may be released from detention
only if the person agrees to:
(1) abstain from alcohol; and
(2) submit to a program of electronic alcohol monitoring,
involving at least daily measurements of the person's alcohol
concentration, pending resolution of the charge.
Clause (2) applies only when electronic alcohol-monitoring
equipment is available to the court. The court shall require
partial or total reimbursement from the person for the cost of
the electronic alcohol-monitoring, to the extent the person is
able to pay.
(c) Unless maximum bail is imposed under section 629.471,
subdivision 2,
Subd. 2. [FELONY VIOLATIONS.] (a) A person charged with
violating section 169A.20 within ten years of the first of three
or more qualified prior impaired driving convictions incidents
may be released from detention only if the following conditions
are imposed in addition to the condition imposed:
(1) the conditions described in subdivision 1, paragraph
(b), if applicable, and any other conditions of release ordered
by the court:;
(1) (2) the impoundment of the registration plates of the
vehicle used to commit the violation, unless already impounded;
(2) (3) if the vehicle used to commit the violation was an
off-road recreational vehicle or a motorboat, the impoundment of
the off-road recreational vehicle or motorboat;
(3) (4) a requirement that the person report weekly to a
probation agent;
(4) (5) a requirement that the person abstain from
consumption of alcohol and controlled substances and submit to
random alcohol tests or urine analyses at least weekly; and
(5) (6) a requirement that, if convicted, the person
reimburse the court or county for the total cost of these
services; and
(7) any other conditions of release ordered by the court.
(b) In addition to setting forth conditions of release
under paragraph (a), if required by court rule, the court shall
also fix the amount of money bail without other conditions upon
which the defendant may obtain release.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 12. Minnesota Statutes 2002, section 169A.51,
subdivision 5, is amended to read:
Subd. 5. [BREATH TEST USING INFRARED BREATH-TESTING
INSTRUMENT.] (a) In the case of a breath test administered using
an infrared breath-testing instrument, the test must consist of
analyses in the following sequence: one adequate breath-sample
analysis, one calibration standard control analysis, and a
second, adequate breath-sample analysis.
(b) In the case of a test administered using an infrared
breath-testing instrument, a sample is adequate if the
instrument analyzes the sample and does not indicate the sample
is deficient.
(c) For purposes of section 169A.52 (revocation of license
for test failure or refusal), when a test is administered using
an infrared breath-testing instrument, failure of a person to
provide two separate, adequate breath samples in the proper
sequence constitutes a refusal.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 13. Minnesota Statutes 2002, section 169A.53,
subdivision 3, is amended to read:
Subd. 3. [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial
review hearing under this section must be before a district
judge in any county in the judicial district where the alleged
offense occurred. The hearing is to the court and may be
conducted at the same time and in the same manner as hearings
upon pretrial motions in the criminal prosecution under section
169A.20 (driving while impaired), if any. The hearing must be
recorded. The commissioner shall appear and be represented by
the attorney general or through the prosecuting authority for
the jurisdiction involved. The hearing must be held at the
earliest practicable date, and in any event no later than 60
days following the filing of the petition for review. The
judicial district administrator shall establish procedures to
ensure efficient compliance with this subdivision. To
accomplish this, the administrator may, whenever possible,
consolidate and transfer review hearings among the locations
within the judicial district where terms of district court are
held.
(b) The scope of the hearing is limited to the issues in
clauses (1) to (10):
(1) Did the peace officer have probable cause to believe
the person was driving, operating, or in physical control of a
motor vehicle or commercial motor vehicle in violation of
section 169A.20 (driving while impaired)?
(2) Was the person lawfully placed under arrest for
violation of section 169A.20?
(3) Was the person involved in a motor vehicle accident or
collision resulting in property damage, personal injury, or
death?
(4) Did the person refuse to take a screening test provided
for by section 169A.41 (preliminary screening test)?
(5) If the screening test was administered, did the test
indicate an alcohol concentration of 0.10 or more?
(6) At the time of the request for the test, did the peace
officer inform the person of the person's rights and the
consequences of taking or refusing the test as required by
section 169A.51, subdivision 2?
(7) Did the person refuse to permit the test?
(8) If a test was taken by a person driving, operating, or
in physical control of a motor vehicle, did the test results
indicate at the time of testing:
(i) an alcohol concentration of 0.10 or more; or
(ii) the presence of a controlled substance listed in
schedule I or II, other than marijuana or tetrahydrocannabinols?
(9) If a test was taken by a person driving, operating, or
in physical control of a commercial motor vehicle, did the test
results indicate an alcohol concentration of 0.04 or more at the
time of testing?
(10) Was the testing method used valid and reliable and
were the test results accurately evaluated?
(c) It is an affirmative defense for the petitioner to
prove that, at the time of the refusal, the petitioner's refusal
to permit the test was based upon reasonable grounds.
(d) Certified or otherwise authenticated copies of
laboratory or medical personnel reports, records, documents,
licenses, and certificates are admissible as substantive
evidence.
(e) The court shall order that the revocation or
disqualification be either rescinded or sustained and forward
the order to the commissioner. The court shall file its order
within 14 days following the hearing. If the revocation or
disqualification is sustained, the court shall also forward the
person's driver's license or permit to the commissioner for
further action by the commissioner if the license or permit is
not already in the commissioner's possession.
(f) Any party aggrieved by the decision of the reviewing
court may appeal the decision as provided in the rules of
appellate procedure.
(g) The civil hearing under this section shall not give
rise to an estoppel on any issues arising from the same set of
circumstances in any criminal prosecution.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 14. Minnesota Statutes 2002, section 169A.54,
subdivision 6, is amended to read:
Subd. 6. [APPLICABILITY OF IMPLIED CONSENT REVOCATION.]
(a) Any person whose license has been revoked pursuant to
section 169A.52 (license revocation for test failure or refusal)
as the result of the same incident, and who does not have a
qualified prior impaired driving incident, is subject to the
mandatory revocation provisions of subdivision 1, clause (1) or
(2), in lieu of the mandatory revocation provisions of section
169A.52.
(b) Paragraph (a) does not apply to:
(1) a person whose license has been revoked under
subdivision 2 (driving while impaired by person under age
21); or
(2) a person whose driver's license has been revoked for,
or who is charged with violating, a violation of section 169A.20
(driving while impaired) with the an aggravating factor of
having an alcohol concentration of 0.20 or more as measured at
the time, or within two hours of the time, of the offense, and
the person is convicted of that offense or any other offense
described in section 169A.20 arising out of the same set of
circumstances; or
(3) a person charged with violating section 169A.20
(driving while impaired) with the aggravating factor of having a
child under the age of 16 in the vehicle and the child is more
than 36 months younger than the offender, and the person is
convicted of that offense or any other offense described in
section 169A.20 arising out of the same set of
circumstances described in section 169A.03, subdivision 3,
clause (2) or (3).
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 15. Minnesota Statutes 2002, section 169A.60,
subdivision 8, is amended to read:
Subd. 8. [REISSUANCE OF REGISTRATION PLATES.] (a) The
commissioner shall rescind the impoundment order of a person
subject to an order under this section, other than the violator,
if:
(1) the violator had a valid driver's license on the date
of the plate impoundment violation and the person files with the
commissioner an acceptable sworn statement containing the
following information:
(i) that the person is the registered owner of the vehicle
from which the plates have been impounded under this section;
(ii) that the person is the current owner and possessor of
the vehicle used in the violation;
(iii) the date on which the violator obtained the vehicle
from the registered owner;
(iv) the residence addresses of the registered owner and
the violator on the date the violator obtained the vehicle from
the registered owner;
(v) that the person was not a passenger in the vehicle at
the time of the plate impoundment violation; and
(vi) that the person knows that the violator may not drive,
operate, or be in physical control of a vehicle without a valid
driver's license; or
(2) the violator did not have a valid driver's license on
the date of the plate impoundment violation and the person made
a report to law enforcement before the violation stating that
the vehicle had been taken from the person's possession or was
being used without permission.
(b) A person who has failed to make a report as provided in
paragraph (a), clause (2), may be issued special registration
plates under subdivision 13 for a period of one year from the
effective date of the impoundment order. At the next
registration renewal Following this period, the person may apply
for regular registration plates.
(c) If the order is rescinded, the owner shall receive new
registration plates at no cost, if the plates were seized and
destroyed.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 16. Minnesota Statutes 2002, section 169A.60,
subdivision 13, is amended to read:
Subd. 13. [SPECIAL REGISTRATION PLATES.] (a) At any time
during the effective period of an impoundment order, a violator
or registered owner may apply to the commissioner for new
registration plates, which must bear a special series of numbers
or letters so as to be readily identified by traffic law
enforcement officers. The commissioner may authorize the
issuance of special plates if:
(1) the violator has a qualified licensed driver whom the
violator must identify;
(2) the violator or registered owner has a limited license
issued under section 171.30;
(3) the registered owner is not the violator and the
registered owner has a valid or limited driver's license;
(4) a member of the registered owner's household has a
valid driver's license; or
(5) the violator has been reissued a valid driver's license.
(b) The commissioner may not issue new registration plates
for that vehicle subject to plate impoundment for a period of at
least one year from the date of the impoundment order and until
the next regularly scheduled registration date following the
impoundment period. In addition, if the owner is the violator,
new registration plates may not be issued for the vehicle unless
the person has been reissued a valid driver's license in
accordance with chapter 171.
(c) A violator may not apply for new registration plates
for a vehicle at any time before the person's driver's license
is reinstated.
(d) The commissioner may issue the special plates on
payment of a $50 fee for each vehicle for which special plates
are requested.
(e) Paragraphs (a) to (d) notwithstanding, the commissioner
must issue upon request new registration plates for a vehicle
for which the registration plates have been impounded if:
(1) the impoundment order is rescinded;
(2) the vehicle is transferred in compliance with
subdivision 14; or
(3) the vehicle is transferred to a Minnesota automobile
dealer licensed under section 168.27, a financial institution
that has submitted a repossession affidavit, or a government
agency.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 17. [169A.78] [AIDING AND ABETTING.]
Every person who commits or attempts to commit, conspires
to commit, or aids or abets in the commission of any act
declared in this chapter to be an offense, whether individually
or in connection with one or more other persons or as principal,
agent, or accessory, is guilty of that offense, and every person
who falsely, fraudulently, forcibly, or willfully induces,
causes, coerces, requires, permits, or directs another to
violate any provision of this chapter is likewise guilty of that
offense.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 18. Minnesota Statutes 2002, section 609.135,
subdivision 2, is amended to read:
Subd. 2. [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the
conviction is for a felony other than section 609.21,
subdivision 2, 2a, or 4, the stay shall be for not more than
four years or the maximum period for which the sentence of
imprisonment might have been imposed, whichever is longer.
(b) If the conviction is for a gross misdemeanor violation
of section 169A.20 or 609.21, subdivision 2b, or for a felony
described in section 609.21, subdivision 2, 2a, or 4, the stay
shall be for not more than six years. The court shall provide
for unsupervised probation for the last year of the stay unless
the court finds that the defendant needs supervised probation
for all or part of the last year.
(c) If the conviction is for a gross misdemeanor not
specified in paragraph (b), the stay shall be for not more than
two years.
(d) If the conviction is for any misdemeanor under section
169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a
misdemeanor under section 609.2242 or 609.224, subdivision 1, in
which the victim of the crime was a family or household member
as defined in section 518B.01, the stay shall be for not more
than two years. The court shall provide for unsupervised
probation for the second year of the stay unless the court finds
that the defendant needs supervised probation for all or part of
the second year.
(e) If the conviction is for a misdemeanor not specified in
paragraph (d), the stay shall be for not more than one year.
(f) The defendant shall be discharged six months after the
term of the stay expires, unless the stay has been revoked or
extended under paragraph (g), or the defendant has already been
discharged.
(g) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (f), a court may extend a
defendant's term of probation for up to one year if it finds, at
a hearing conducted under subdivision 1a, that:
(1) the defendant has not paid court-ordered restitution or
a fine in accordance with the payment schedule or structure; and
(2) the defendant is likely to not pay the restitution or
fine the defendant owes before the term of probation expires.
This one-year extension of probation for failure to pay
restitution or a fine may be extended by the court for up to one
additional year if the court finds, at another hearing conducted
under subdivision 1a, that the defendant still has not paid the
court-ordered restitution or fine that the defendant owes.
(h) Notwithstanding the maximum periods specified for stays
of sentences under paragraphs (a) to (f), a court may extend a
defendant's term of probation for up to three years if it finds,
at a hearing conducted under subdivision 1c, that:
(1) the defendant has failed to complete court-ordered
treatment successfully; and
(2) the defendant is likely not to complete court-ordered
treatment before the term of probation expires.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 19. Minnesota Statutes 2002, section 629.471, is
amended by adding a subdivision to read:
Subd. 4. [NOT APPLICABLE FOR FELONY DWI.] This section
does not apply to persons charged with a felony violation under
section 169A.20.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to violations committed on or after that date.
Sec. 20. [CLARIFYING LEGISLATIVE INTENT.]
During the year 2000 recodification of Minnesota's impaired
driving statutes, now codified in Minnesota Statutes 2002,
chapter 169A, it was the intention of the legislature to
continue the policy of accountability for previous convictions
of impaired driving-related offenses and previous impaired
driving-related driver's license actions. Specifically, it was
the intention of the legislature to count as aggravating factors
all qualified prior impaired driving incidents occurring within
the past ten years of an incident for purposes of any criminal
or civil sanctions under Minnesota Statutes 2002, chapter 169A,
whether a prior incident occurred before, during, or after 1998
or 1996. The references to "Minnesota Statutes 1998" and
"Minnesota Statutes 1996" in Minnesota Statutes 2002, section
169A.03, subdivisions 20 and 21, follow standard editorial
practice in drafting legislation and are used to refer the
reader to the most recent printing of Minnesota statutes that
contained the relevant provisions of statute as they existed
prior to recodification, and are not intended to limit the
look-back period.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
ARTICLE 10
PROSTITUTION
Section 1. Minnesota Statutes 2002, section 609.322, is
amended by adding a subdivision to read:
Subd. 1c. [AGGREGATION OF CASES.] Acts by the defendant in
violation of any one or more of the provisions in this section
within any six-month period may be aggregated and the defendant
charged accordingly in applying the provisions of this section;
provided that when two or more offenses are committed by the
same person in two or more counties, the accused may be
prosecuted in any county in which one of the offenses was
committed for all of the offenses aggregated under this
paragraph.
[EFFECTIVE DATE.] This section is effective August 1, 2003,
and applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2002, section 609.3241, is
amended to read:
609.3241 [PENALTY ASSESSMENT AUTHORIZED.]
When a court sentences an adult convicted of violating
section 609.322 or 609.324, while acting other than as a
prostitute, the court shall impose an assessment of not less
than $250 and not more than $500 for a violation of section
609.324, subdivision 2, or a misdemeanor violation of section
609.324, subdivision 3; otherwise the court shall impose an
assessment of not less than $500 and not more than $1,000. The
mandatory minimum portion of the assessment is to be used for
the purposes described in section 626.558, subdivision 2a, and
is in addition to the surcharge required by section 357.021,
subdivision 6. Any portion of the assessment imposed in excess
of the mandatory minimum amount shall be forwarded to the
general fund and is appropriated annually to the commissioner of
corrections public safety. The commissioner, with the
assistance of the general crime victims advisory council, shall
use money received under this section for grants to agencies
that provide assistance to individuals who have stopped or wish
to stop engaging in prostitution. Grant money may be used to
provide these individuals with medical care, child care,
temporary housing, and educational expenses.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. [COLLECTION OF INFORMATION AND STUDY ON CERTAIN
PROSTITUTION CASES; REPORT.]
Subdivision 1. [DEFINITIONS.] (a) The following terms have
the meanings given them.
(b) "Intermediate sanctions" has the meaning given in
Minnesota Statutes, section 609.135, subdivision 1, paragraph
(b).
(c) "Patron" has the meaning given in Minnesota Statutes,
section 609.321, subdivision 4.
(d) "Promotes the prostitution of an individual" has the
meaning given in Minnesota Statutes, section 609.321,
subdivision 7.
(e) "Prostitute" has the meaning given in Minnesota
Statutes, section 609.321, subdivision 8.
(f) "Prostitution crime" means a violation of Minnesota
Statutes, section 609.322 or 609.324.
Subd. 2. [COLLECTION OF INFORMATION.] (a) The following
attorneys or their designees and the following law enforcement
representatives or their designees shall oversee the collection
of information on the investigation and prosecution of
prostitution crimes committed within the jurisdiction of each
individual's office, commencing January 1, 2002, and ending
December 31, 2002:
(1) the Hennepin county attorney;
(2) the Minneapolis city attorney;
(3) the Ramsey county attorney;
(4) the St. Paul city attorney;
(5) the Hennepin county sheriff;
(6) the chief of police of the Minneapolis police
department;
(7) the Ramsey county sheriff; and
(8) the chief of police of the St. Paul police department.
(b) The information collected under paragraph (a) must
include:
(1) information on the neighborhood and city where the
offense was committed or allegedly committed and information on
the neighborhood and city where the offender or alleged offender
resides;
(2) the number of calls to law enforcement and the number
of complaints made directly to law enforcement regarding alleged
prostitution crimes;
(3) the number of arrests made for prostitution crimes and
a breakdown of the age, race, and gender of the individuals
arrested;
(4) the number of citations, tab charges, and complaints
issued for prostitution crimes;
(5) the types of charges filed in each case, if any,
including whether the person was acting as a patron or
prostitute, or promoting the prostitution of an individual; and
(6) the disposition of each case in which prosecution was
commenced, including the amount of any fine or penalty
assessment imposed; the incarceration imposed on the offender,
if any; the intermediate sanctions, if relevant, or conditions
of probation imposed on the offender, if any; and whether the
offender was referred to a restorative justice program,
diversion program, or alternative sentencing program.
Subd. 3. [PREPARATION OF SUMMARY AND REPORT.] The law
enforcement authorities specified in subdivision 2, paragraph
(a), shall provide the information required by subdivision 2,
paragraph (b), to the prosecuting authorities in their
jurisdictions by August 15, 2003. The prosecuting authorities
specified in subdivision 2, paragraph (a), shall cooperate in
preparing a summary of the information collected under
subdivision 2, paragraph (b), and in preparing a report for the
chairs and ranking minority leaders of the house and senate
committees and divisions with jurisdiction over criminal justice
policy and funding. The report shall be provided to the
legislature and filed in the legislative reference library no
later than December 15, 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. [REPORTS ON PENALTY ASSESSMENTS FOR PROSTITUTION
CRIMES.]
Subdivision 1. [COMMISSIONER OF PUBLIC SAFETY; REPORT.] By
December 15, 2003, the commissioner of public safety shall
submit a report to the chairs and ranking minority leaders of
the house and senate committees and divisions with jurisdiction
over criminal justice policy and funding on the amount of money
appropriated to the commissioner of public safety under
Minnesota Statutes, section 609.3241, since the beginning of
fiscal year 1998. In preparing this report, the commissioner of
public safety shall determine whether any penalty assessments
were appropriated to the commissioner of corrections during this
time and, if so, how much was appropriated. The commissioner of
corrections shall cooperate with the commissioner of public
safety in providing this information. The report also shall
contain information on the use of money appropriated during this
time period, including, but not limited to, the ways in which
the money has been used to assist individuals who have stopped
or wish to stop engaging in prostitution. The report shall be
filed with the legislative reference library no later than
December 15, 2003.
Subd. 2. [SUPREME COURT; REPORT.] By December 15, 2003,
the supreme court is requested to report to the chairs and
ranking minority leaders of the house and senate committees and
divisions with jurisdiction over criminal justice policy and
funding concerning the use of money collected since the
beginning of fiscal year 1998 from penalty assessments under
Minnesota Statutes, section 609.3241, and use for the purposes
described in Minnesota Statutes, section 626.558, subdivision
2a. The report is requested to be filed with the legislative
reference library no later than December 15, 2003.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 5. [REVISOR'S INSTRUCTION.]
In the next edition of Minnesota Statutes, the revisor
shall change the headnotes for Minnesota Statutes, section
609.324, as follows:
(1) the section headnote from "OTHER PROHIBITED ACTS" to
"OTHER PROSTITUTION CRIMES; PATRONS, PROSTITUTES, AND
INDIVIDUALS HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION;
PENALTIES";
(2) the subdivision 1 headnote from "CRIME DEFINED" to
"ENGAGING IN, HIRING, OR AGREEING TO HIRE A MINOR TO ENGAGE IN
PROSTITUTION; PENALTIES";
(3) the subdivision 1a headnote from "MINOR ENGAGED IN
PROSTITUTION" to "HOUSING AN UNRELATED MINOR ENGAGED IN
PROSTITUTION; PENALTIES";
(4) the subdivision 2 headnote from "SOLICITATION IN PUBLIC
PLACE" to "SOLICITATION OR ACCEPTANCE OF SOLICITATION TO ENGAGE
IN PROSTITUTION; PENALTY"; and
(5) the subdivision 3 headnote from "HIRE TO ENGAGE IN
PROSTITUTION" to "ENGAGING IN, HIRING, OR AGREEING TO HIRE AN
ADULT TO ENGAGE IN PROSTITUTION; PENALTIES."
Presented to the governor May 24, 2003
Signed by the governor May 28, 2003, 12:46 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes