Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2005, Regular Session
Key: (1) language to be deleted (2) new language
CHAPTER 136-H.F.No. 1
An act relating to public safety; 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, and crime victim services,
policies, programs, duties, activities, or practices;
requiring studies and reports; imposing criminal and
civil penalties; setting or increasing fines,
surcharges, and fees; implementing comprehensive sex
offender and methamphetamine policies; amending
Minnesota Statutes 2004, sections 2.722, subdivision
1; 13.6905, subdivision 17; 13.82, by adding a
subdivision; 13.871, subdivision 5; 14.03, subdivision
3; 16C.09; 43A.047; 84.362; 116L.30; 144A.135; 152.01,
subdivision 10; 152.02, subdivisions 4, 5, 6, by
adding a subdivision; 152.021, subdivisions 2a, 3;
152.027, subdivisions 1, 2; 152.135, subdivision 2;
168A.05, subdivision 3; 169.06, by adding a
subdivision; 169.71, subdivision 1; 169A.275,
subdivision 1; 169A.52, subdivision 4; 169A.53,
subdivision 3; 169A.60, subdivisions 10, 11; 169A.63,
subdivision 8; 169A.70, subdivision 3, by adding
subdivisions; 171.09; 171.20, subdivision 4; 171.26;
171.30, subdivision 2a; 214.04, subdivision 1;
216D.08, subdivisions 1, 2; 231.08, subdivision 5, as
added; 237.70, subdivision 7; 241.06; 241.67,
subdivisions 3, 7, 8; 242.195, subdivision 1;
243.1606, subdivision 1; 243.166; 243.167; 243.24,
subdivision 2; 244.04, subdivision 1; 244.05,
subdivisions 2, 4, 5, 6, 7; 244.052, subdivisions 3,
4, by adding subdivisions; 244.09, subdivisions 5, 11;
244.10, subdivision 2a, by adding subdivisions;
244.18, subdivision 2; 245C.13, subdivision 2;
245C.15, subdivision 1; 245C.17, subdivisions 1, 2, 3;
245C.22, by adding a subdivision; 245C.24, subdivision
2; 246.13; 253B.08, subdivision 1; 253B.18,
subdivisions 4a, 5, by adding a subdivision; 259.11;
259.24, subdivisions 1, 2a, 5, 6a; 260C.171, by adding
a subdivision; 260C.201, subdivision 11; 260C.212,
subdivision 4; 282.04, subdivision 2; 299A.38,
subdivisions 2, 2a, 3; 299A.465, by adding
subdivisions; 299C.03; 299C.08; 299C.093; 299C.095,
subdivision 1; 299C.10, subdivision 1, by adding a
subdivision; 299C.11; 299C.14; 299C.145, subdivision
3; 299C.155; 299C.21; 299C.65, subdivisions 1, 2, 5,
by adding a subdivision; 299F.011, subdivision 7;
299F.014; 299F.05; 299F.051, subdivision 4; 299F.06,
subdivision 1; 299F.19, subdivisions 1, 2; 299F.362,
subdivisions 3, 4; 326.3382, by adding a subdivision;
326.3384, subdivision 1; 340A.301, subdivision 6;
340A.302, subdivision 3; 340A.311; 340A.404,
subdivision 12; 340A.408, subdivision 4; 340A.414,
subdivision 6; 340A.504, subdivisions 3, 7; 343.31;
357.021, subdivisions 2, 6, 7; 357.18; 403.02,
subdivisions 7, 13, 17, by adding a subdivision;
403.025, subdivisions 3, 7; 403.05, subdivision 3;
403.07, subdivision 3; 403.08, subdivision 10; 403.11,
subdivisions 1, 3, 3a; 403.113, subdivision 1; 403.21,
subdivision 8; 403.27, subdivisions 1, 3; 403.30,
subdivision 1; 505.08, subdivision 2; 508.82; 508A.82;
515B.1-116; 518B.01, subdivision 22, by adding a
subdivision; 590.01, subdivision 1, by adding a
subdivision; 604.15, subdivision 2, by adding a
subdivision; 609.02, subdivision 16; 609.106,
subdivision 2; 609.108, subdivisions 1, 3, 4, 6, 7;
609.109, subdivisions 2, 4, 5, 6, 7; 609.1095,
subdivisions 1, 2, 4; 609.115, by adding a
subdivision; 609.117; 609.1351; 609.185; 609.2231, by
adding a subdivision; 609.2242, subdivision 3;
609.229, subdivision 3; 609.321, subdivisions 1, 7,
12, by adding subdivisions; 609.325, by adding a
subdivision; 609.341, subdivision 14, by adding a
subdivision; 609.342, subdivisions 2, 3; 609.343,
subdivisions 2, 3; 609.344, subdivisions 2, 3;
609.345, subdivisions 2, 3; 609.3452, subdivision 1;
609.347; 609.3471; 609.348; 609.353; 609.485,
subdivisions 2, 4; 609.487, by adding a subdivision;
609.50, subdivision 1; 609.505; 609.52, subdivision 2;
609.527, subdivisions 1, 3, 4, 6, by adding a
subdivision; 609.531, subdivision 1; 609.5311,
subdivisions 2, 3; 609.5312, subdivisions 1, 3, 4, by
adding a subdivision; 609.5314, subdivision 1;
609.5315, subdivision 1, by adding a subdivision;
609.5317, subdivision 1; 609.5318, subdivision 1;
609.605, subdivisions 1, 4; 609.746, subdivision 1;
609.748, subdivisions 2, 3a, by adding a subdivision;
609.749, subdivision 2; 609.763, subdivision 3;
609.79, subdivision 2; 609.795, by adding a
subdivision; 609A.02, subdivision 3; 609A.03,
subdivision 7; 611.272; 611A.01; 611A.036; 611A.19;
611A.53, subdivision 1b; 617.81, subdivision 4;
617.85; 624.22, subdivision 1; 626.04; 626.556,
subdivision 3; 626.557, subdivision 14; 628.26;
631.045; 631.425, subdivision 4; 641.21; proposing
coding for new law in Minnesota Statutes, chapters 35;
152; 171; 237; 241; 244; 260C; 299A; 299C; 357; 403;
446A; 590; 609; 611; 629; repealing Minnesota Statutes
2004, sections 18C.005, subdivisions 1a, 35a; 18C.201,
subdivisions 6, 7; 18D.331, subdivision 5; 69.011,
subdivision 5; 243.162; 243.166, subdivisions 1, 8;
244.10, subdivisions 2a, 3; 246.017, subdivision 1;
299A.64; 299A.65; 299A.66; 299A.68; 299C.65,
subdivisions 3, 4, 6, 7, 8, 8a, 9; 299F.011,
subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361;
299F.451; 299F.452; 386.30; 403.30, subdivision 3;
609.108, subdivision 2; 609.109, subdivision 7;
609.119; 609.725; 624.04; Laws 2004, chapter 283,
section 14.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
ARTICLE 1
PUBLIC SAFETY APPROPRIATIONS
Section 1. [PUBLIC SAFETY 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 article, to
be available for the fiscal years indicated for each purpose.
The figures "2006" and "2007" where used in this article, mean
that the appropriation or appropriations listed under them are
available for the year ending June 30, 2006, or June 30, 2007,
respectively. The term "first year" means the fiscal year
ending June 30, 2006, and the term "second year" means the
fiscal year ending June 30, 2007.
SUMMARY BY FUND
2006 2007 TOTAL
General $ 835,043,000 $ 849,704,000 $1,684,747,000
State Government
Special Revenue 43,662,000 44,415,000 88,077,000
Environmental 49,000 49,000 98,000
Special Revenue 5,634,000 5,493,000 11,127,000
Trunk
Highway 392,000 362,000 754,000
Bond Proceeds 62,500,000 -0- 62,500,000
TOTAL $ 947,280,000 $ 900,023,000 $1,847,303,000
APPROPRIATIONS
Available for the Year
Ending June 30
2006 2007
Sec. 2. SUPREME COURT
Subdivision 1. Total
Appropriations $ 42,196,000 $ 42,171,000
Subd. 2. Supreme Court Operations 29,876,000 29,851,000
[JUDICIAL SALARIES.] Effective July 1,
2005, and July 1, 2006, the salaries of
judges of the Supreme Court, Court of
Appeals, and district court are
increased by 1.5 percent.
[CONTINGENT ACCOUNT.] $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.
[CHIPS WORKING GROUP.] The state court
administrator shall convene a working
group of stakeholders interested in and
knowledgeable about issues related to
the representation of children and
adults in CHIPS proceedings. The state
court administrator shall ensure broad
representation in the group so that it
includes members from diverse parts of
the state and sufficient representation
of all stakeholder groups on the
issue. At a minimum, the working group
shall study and make recommendations on
the appropriate assignment and use of
limited public defender resources and
ways to minimize CHIPS proceedings
through early intervention initiatives
such as family group conferencing,
mediation, and other innovative
strategies. By January 15, 2006, the
state court administrator shall report
the working group's findings and
recommendations to the chairs and
ranking minority members of the senate
and house committees and divisions
having jurisdiction over criminal
justice and civil law policy and
funding.
Subd. 3. Civil Legal Services 12,320,000 12,320,000
[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.
Sec. 3. COURT OF APPEALS 8,189,000 8,189,000
Sec. 4. TRIAL COURTS 231,039,000 231,386,000
[SPECIALTY COURTS; REPORT.] $250,000
each year is to develop or expand
specialty courts such as drug courts
and mental health courts.
By January 15, 2008, the state court
administrator shall report to the
chairs and ranking minority members of
the senate and house committees and
divisions having jurisdiction over
criminal justice policy and funding on
how this money was used.
Sec. 5. TAX COURT 726,000 726,000
Sec. 6. UNIFORM LAWS COMMISSION 51,000 45,000
[DUES OWED.] $12,000 the first year and
$6,000 the second year are for national
conference dues.
Sec. 7. BOARD ON JUDICIAL
STANDARDS 277,000 277,000
[SPECIAL HEARINGS.] $25,000 each year
is for special hearings. This money
may not be used for operating costs.
This is a onetime appropriation.
Sec. 8. BOARD OF PUBLIC DEFENSE 60,703,000 61,801,000
Sec. 9. PUBLIC SAFETY
Subdivision 1. Total
Appropriation 188,774,000 126,747,000
Summary by Fund
General 81,581,000 81,332,000
Special Revenue 590,000 589,000
State Government
Special Revenue 43,662,000 44,415,000
Environmental 49,000 49,000
Trunk Highway 392,000 362,000
Bond Proceeds 62,500,000 -0-
[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 2,594,000 2,594,000
Summary by Fund
General 2,545,000 2,545,000
Environmental 49,000 49,000
[NONPROFIT AND FAITH-BASED
ORGANIZATIONS; ANTITERRORISM GRANTS.]
Unless otherwise prohibited by statute,
regulation, or other requirement,
nonprofit and faith-based organizations
may apply for and receive any funds or
grants, whether federal or state, made
available for antiterrorism 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.
Subd. 3. Criminal
Apprehension 40,328,000 40,367,000
Summary by Fund
General 39,520,000 39,560,000
Special Revenue 440,000 439,000
State Government
Special Revenue 7,000 7,000
Trunk Highway 361,000 361,000
[AGENCY CUT, DISTRIBUTION.] The general
fund appropriation includes a reduction
of $245,000 the first year and $250,000
the second year. This reduction may be
applied to any program funded under
this section with the exception of the
Office of Justice Programs.
[COOPERATIVE INVESTIGATION OF
CROSS-JURISDICTIONAL CRIMINAL
ACTIVITY.] $94,000 the first year and
$93,000 the second year are
appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund 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.] $346,000 each
year is appropriated from the Bureau of
Criminal Apprehension account in the
special revenue fund for laboratory
activities.
[DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.]
Notwithstanding Minnesota Statutes,
section 161.20, subdivision 3, $361,000
each year is appropriated from the
trunk highway fund for laboratory
analysis related to
driving-while-impaired cases.
[DWI POLICY REFORMS.] $60,000 the first
year and $58,000 the second year are
for costs associated with DWI policy
reforms contained in article 18.
[AUTOMATED FINGERPRINT IDENTIFICATION
SYSTEM.] $1,533,000 the first year and
$2,318,000 the second year are to
replace the automated fingerprint
identification system (AFIS).
[PREDATORY OFFENDER REGISTRATION
SYSTEM.] $1,146,000 the first year and
$564,000 the second year are to upgrade
the predatory offender registration
(POR) system and to increase the
monitoring and tracking of registered
offenders who become noncompliant with
the law.
[CRIMINAL JUSTICE INFORMATION SYSTEMS
(CJIS) AUDIT TRAIL.] $374,000 the first
year and $203,000 the second year are
for the Criminal Justice Information
Systems (CJIS) audit trail.
[DNA ANALYSIS.] $757,000 the first year
and $769,000 the second year are to
fund DNA analyses of biological samples.
[LIVESCAN.] $66,000 the first year and
$69,000 the second year are to fund the
ongoing costs of Livescan.
[TEN NEW AGENTS.] $1,000,000 each year
is for ten Bureau of Criminal
Apprehension agents to be assigned
exclusively to methamphetamine
enforcement, including the
investigation of manufacturing and
distributing methamphetamine and
related violence. These appropriations
are intended to increase the current
allocation of Bureau of Criminal
Apprehension resources dedicated to
methamphetamine enforcement. Positions
funded by these appropriations may not
supplant existing agent assignments or
positions.
Subd. 4. Fire Marshal 2,845,000 2,832,000
Subd. 5. Alcohol and
Gambling Enforcement 1,772,000 1,772,000
Summary by Fund
General 1,622,000 1,622,000
Special Revenue 150,000 150,000
Subd. 6. Office of
Justice Programs 34,440,000 34,035,000
[GANG AND NARCOTICS STRIKE FORCES.]
$2,374,000 each year is for grants to
the combined operations of the Criminal
Gang Strike Force and Narcotics Task
Forces.
[CRIME VICTIM ASSISTANCE GRANTS
INCREASE.] $1,270,000 each year is to
increase funding for crime victim
assistance grants for abused children,
sexual assault victims, battered women,
and general crime victims.
[BATTERED WOMEN'S SHELTER GRANTS.]
$400,000 each year is to increase
funding for battered women's shelters
under Minnesota Statutes, section
611A.32, and for safe houses.
[METHAMPHETAMINE TREATMENT GRANTS.]
$750,000 each year is for grants to
counties for methamphetamine treatment
programs. Priority should be given to
those counties that demonstrate a
treatment approach that incorporates
best practices as defined by the
Minnesota Department of Human
Services. This is a onetime
appropriation.
[FINANCIAL CRIMES TASK FORCE.] $750,000
each year is for the Financial Crimes
Task Force. A cash or in-kind match
totalling a minimum of $250,000 is
required. Before the funds may be
allocated, a financial work plan must
be submitted to the commissioner of
public safety.
[HUMAN TRAFFICKING; ASSESSMENT, POLICY
DEVELOPMENT, AND IMPLEMENTATION.]
$50,000 each year is to conduct the
study and assessment of human
trafficking under new Minnesota
Statutes, sections 299A.78 and 299A.785.
[YOUTH INTERVENTION PROGRAMS.]
$1,452,000 each year is for youth
intervention programs currently under
Minnesota Statutes, section 116L.30,
but to be transferred to Minnesota
Statutes, section 299A.73.
[HOMELESSNESS PILOT PROJECTS.] $400,000
the first year is for the homelessness
pilot projects described in article 8,
section 27. This is a onetime
appropriation.
[ADMINISTRATION COSTS.] Up to 2.5
percent of the grant funds appropriated
in this subdivision may be used to
administer the grant programs.
Subd. 7. 911 Emergency
Services/ARMER
43,655,000 44,408,000
This appropriation is from the state
government special revenue fund for 911
emergency telecommunications services.
[PRIOR 911 OBLIGATIONS.] $3,442,000 the
first year and $3,064,000 the second
year are to fund a deficiency due to
prior year obligations under Minnesota
Statutes, section 403.11, that were
estimated in the December 2004 911 fund
statement to be $6,504,700 on July 1,
2005. "Prior year obligations" means
reimbursable costs under Minnesota
Statutes, section 403.11, subdivision
1, incurred under the terms and
conditions of a contract with the state
for a fiscal year preceding fiscal year
2004, that have been certified in a
timely manner in accordance with
Minnesota Statutes, section 403.11,
subdivision 3a, and that are not barred
by statute of limitation or other
defense. The appropriations needed for
this purpose are estimated to be none
in fiscal year 2008 and thereafter.
[PUBLIC SAFETY ANSWERING POINTS.]
$13,640,000 the first year and
$13,664,000 the second year are to be
distributed as provided in Minnesota
Statutes, section 403.113, subdivision
2. This appropriation may only be used
for public safety answering points that
have implemented phase two wireless
enhanced 911 service or whose
governmental agency has made a binding
commitment to the commissioner of
public safety to implement phase two
wireless enhanced 911 service by
January 1, 2008. If revenue to the
account is insufficient to support all
appropriations from the account for a
fiscal year, this appropriation takes
priority over other appropriations,
except the open appropriation in
Minnesota Statutes, section 403.30,
subdivision 1, for debt service on
bonds previously sold.
[MEDICAL RESOURCE COMMUNICATION
CENTERS.] $682,000 the first year and
$683,000 the second year are for grants
to the Minnesota Emergency Medical
Services Regulatory Board for the Metro
East and Metro West Medical Resource
Communication Centers that were in
operation before January 1, 2000.
[800 MEGAHERTZ DEBT SERVICE.]
$6,138,000 the first year and
$6,149,000 the second year are to the
commissioner of finance to pay debt
service on revenue bonds issued under
Minnesota Statutes, section 403.275.
Any portion of this appropriation not
needed to pay debt service in a fiscal
year may be used by the commissioner of
public safety to pay cash for any of
the capital improvements for which bond
proceeds have been appropriated in
subdivision 8.
[METROPOLITAN COUNCIL DEBT SERVICE.]
$1,405,000 the first year and
$1,410,000 the second year are to the
commissioner of finance for payment to
the Metropolitan Council for debt
service on bonds issued under Minnesota
Statutes, section 403.27.
[800 MEGAHERTZ IMPROVEMENTS.]
$1,323,000 each year is for the
Statewide Radio Board for costs of
design, construction, maintenance of,
and improvements to those elements of
the first, second, and third phases
that support mutual aid communications
and emergency medical services, and for
recurring charges for leased sites and
equipment for those elements of the
first, second, and third phases that
support mutual aid and emergency
medical communication services.
Subd. 8. 800 MHz Public Safety
Radio and Communication System 62,500,000
The appropriations in this subdivision
are from the 911 revenue bond proceeds
account for the purposes indicated, to
be available until the project is
completed or abandoned, subject to
Minnesota Statutes, section 16A.642.
(a) Phase 2 Subsystems 8,000,000
To the commissioner of public safety
for a grant to the Metropolitan
Emergency Services Board to pay up to
50 percent of the cost to a local
government unit of building a subsystem
as part of the second phase of the
public safety radio and communication
system plan under Minnesota Statutes,
section 403.36.
(b) Phase 3 System Backbone 45,000,000
To the commissioner of transportation
to construct the system backbone in the
third phase of the public safety radio
and communication system plan under
Minnesota Statutes, section 403.36.
(c) Phase 3 Subsystems 9,500,000
To the commissioner of public safety to
reimburse local units of government for
up to 50 percent of the cost of
building a subsystem of the public
safety radio and communication system
established under Minnesota Statutes,
section 403.36, in the southeast
district of the State Patrol and the
counties of Benton, Sherburne, Stearns,
and Wright.
(d) Bond Sale Authorization
To provide the money appropriated in
this subdivision, the commissioner of
finance shall sell and issue bonds of
the state in an amount up to
$62,500,000 in the manner, upon the
terms, and with the effect prescribed
by Minnesota Statutes, section 403.275.
Subd. 9. Administration 609,000 738,000
[PUBLIC SAFETY OFFICERS' HEALTH
INSURANCE.] $609,000 the first year and
$738,000 the second year are for public
safety officers' health insurance. The
base for fiscal year 2008 is $885,000
and for fiscal year 2009 is $1,053,000.
Subd. 10. Driver and Vehicle
Services 31,000 1,000
[GASOLINE THEFT.] This appropriation is
from the trunk highway fund for costs
associated with suspending licenses of
persons under new section 171.175 for
gasoline theft.
Sec. 10. PEACE OFFICER
STANDARDS AND TRAINING BOARD (POST) 4,154,000 4,014,000
[EXCESS AMOUNTS TRANSFERRED.] This
appropriation is from the peace officer
training account in the special revenue
fund. Any new receipts credited to
that account in the first year in
excess of $4,154,000 must be
transferred and credited to the general
fund. Any new receipts credited to
that account in the second year in
excess of $4,014,000 must be
transferred and credited to the general
fund.
[TECHNOLOGY IMPROVEMENTS.] $140,000 the
first year is for technology
improvements.
[PEACE OFFICER TRAINING REIMBURSEMENT.]
$2,909,000 each year is for
reimbursements to local governments for
peace officer training costs.
Sec. 11. BOARD OF PRIVATE DETECTIVE
AND PROTECTIVE AGENT SERVICES 126,000 126,000
Sec. 12. HUMAN RIGHTS 3,490,000 3,490,000
Sec. 13. DEPARTMENT OF CORRECTIONS
Subdivision 1. Total
Appropriation 407,085,000 420,588,000
Summary by Fund
General Fund 406,195,000 419,698,000
Special Revenue 890,000 890,000
[APPROPRIATIONS FOR PROGRAMS.] The
amounts that may be spent from this
appropriation for each program are
specified in the following subdivisions.
Subd. 2. Correctional
Institutions 288,296,000 301,986,000
Summary by Fund
General Fund 287,716,000 301,406,000
Special Revenue 580,000 580,000
[CONTRACTS 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.
Notwithstanding any law to the
contrary, the commissioner may use per
diems collected under contracts for
beds at MCF-Rush City to operate the
state correctional system.
[LEVEL III OFFENDER TRACKING AND
APPREHENSION.] $70,000 each year is to
track and apprehend level III predatory
offenders.
[SEX OFFENDER TREATMENT AND
TRANSITIONAL SERVICES.] $1,500,000 each
year is for sex offender treatment and
transitional services.
[HEALTH SERVICES.] $3,085,000 the first
year and $3,086,000 the second year are
for increased funding for health
services.
[CHEMICAL DEPENDENCY TREATMENT.]
$1,000,000 each year is for increased
funding for chemical dependency
treatment programs.
[WORKING GROUP ON INMATE LABOR;
REPORT.] The commissioner of
corrections and the commissioner of the
Minnesota Housing Finance Agency shall
convene a working group to study the
feasibility of using inmate labor to
build low-income housing manufactured
at MCF-Faribault. The working group
shall consist of: the chief executive
officer of MINNCOR Industries;
representatives from the Builders
Association of America, Minnesota
AFL-CIO, Association of Minnesota
Counties, Minnesota Manufactured
Housing Association, Habitat for
Humanity, and Minnesota Housing
Partnership, selected by those
organizations; and any other
individuals deemed appropriate by the
commissioners.
By January 15, 2006, the working group
shall report its findings and
recommendations to the chairs and
ranking minority members of the senate
and house of representatives committees
and divisions having jurisdiction over
criminal justice and jobs, housing, and
community development policy and
funding.
Subd. 3. Community Services 103,556,000 103,369,000
Summary by Fund
General Fund 103,456,000 103,269,000
Special Revenue 100,000 100,000
[SHORT-TERM OFFENDERS.] $1,207,000 each
year is 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 2003. 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 Minnesota Statutes,
section 609.105, as amended by Laws
2003, First Special Session chapter 2,
article 5, sections 7 to 9.
[GPS MONITORING OF SEX OFFENDERS.]
$500,000 the first year and $162,000
the second year are for the acquisition
and service of bracelets equipped with
tracking devices designed to track and
monitor the movement and location of
criminal offenders. The commissioner
shall use the bracelets to monitor
high-risk sex offenders who are on
supervised release, conditional
release, parole, or probation to help
ensure that the offenders do not
violate conditions of their release or
probation.
[END OF CONFINEMENT REVIEWS.] $94,000
each year is for end of confinement
reviews.
[COMMUNITY SURVEILLANCE AND
SUPERVISION.] $1,370,000 each year is
to provide housing options to maximize
community surveillance and supervision.
[INCREASE IN INTENSIVE SUPERVISED
RELEASE SERVICES.] $1,800,000 each year
is to increase intensive supervised
release services.
[SEX OFFENDER ASSESSMENT
REIMBURSEMENTS.] $350,000 each year is
to provide grants to counties for
reimbursements for sex offender
assessments as required under Minnesota
Statutes, section 609.3452, subdivision
1, which is being renumbered as section
609.3457.
[SEX OFFENDER TREATMENT AND
POLYGRAPHS.] $1,250,000 each year is to
provide treatment for sex offenders on
community supervision and to pay for
polygraph testing.
[INCREASED SUPERVISION OF SEX
OFFENDERS, DOMESTIC VIOLENCE OFFENDERS,
AND OTHER VIOLENT OFFENDERS.]
$1,500,000 each year is for the
increased supervision of sex offenders
and other violent offenders, including
those convicted of domestic abuse.
These appropriations may not be used to
supplant existing state or county
probation officer positions.
The commissioner shall distribute
$1,050,000 in grants each year to
Community Corrections Act counties and
$450,000 each year to the Department of
Corrections Probation and Supervised
Release Unit. The commissioner shall
distribute the funds to the Community
Corrections Act counties according to
the formula contained in Minnesota
Statutes, section 401.10.
Prior to the distribution of these
funds, each Community Corrections Act
jurisdiction and the Department of
Corrections Probation and Supervised
Release Unit shall submit to the
commissioner an analysis of need along
with a plan to meet their needs and
reduce the number of sex offenders and
other violent offenders, including
domestic abuse offenders, on probation
officer caseloads.
[COUNTY PROBATION OFFICERS.] $500,000
each year is to increase county
probation officer reimbursements.
[INTENSIVE SUPERVISION AND AFTERCARE
FOR CONTROLLED SUBSTANCES OFFENDERS;
REPORT.] $600,000 each year is for
intensive supervision and aftercare
services for controlled substances
offenders released from prison under
Minnesota Statutes, section 244.055.
These appropriations are not added to
the department's base budget. By
January 15, 2008, the commissioner
shall report to the chairs and ranking
minority members of the senate and
house of representatives committees and
divisions having jurisdiction over
criminal justice policy and funding on
how this appropriation was spent.
[REPORT ON ELECTRONIC MONITORING OF SEX
OFFENDERS.] By March 1, 2006, the
commissioner shall report to the chairs
and ranking minority members of the
senate and house of representatives
committees and divisions having
jurisdiction over criminal justice
policy and funding on implementing an
electronic monitoring system for sex
offenders who are under community
supervision. The report must address
the following:
(1) the advantages and disadvantages in
implementing this system, including the
impact on public safety;
(2) the types of sex offenders who
should be subject to the monitoring;
(3) the time period that offenders
should be subject to the monitoring;
(4) the financial costs associated with
the monitoring and who should be
responsible for these costs; and
(5) the technology available for the
monitoring.
Subd. 4. Operations Support 15,233,000 15,233,000
General Fund 15,023,000 15,023,000
Special Revenue 210,000 210,000
[AGENCY CUT, DISTRIBUTION.] The general
fund appropriation includes a reduction
of $375,000 the first year and $325,000
the second year. This reduction may be
applied to any program funded under
this section.
[REPORT ON CONDITIONAL RELEASE OF
CONTROLLED SUBSTANCE OFFENDERS.]
$50,000 the first year is for the
commissioner to contract with an
organization to evaluate the
conditional release of nonviolent
controlled substance offender program
described in Minnesota Statutes,
section 244.055. To the degree
feasible, the evaluation must address
the recidivism rates of offenders
released under the program. The
commissioner shall determine other
issues to be addressed in the
evaluation. By January 15, 2008, the
commissioner shall forward the
completed evaluation to the chairs and
ranking minority members of the senate
and house of representatives committees
and divisions having jurisdiction over
criminal justice policy and funding.
Sec. 14. SENTENCING GUIDELINES 463,000 463,000
Sec. 15. BOARD OF VETERINARY
MEDICINE 7,000 -0-
[METHAMPHETAMINE STUDY.] This
appropriation is for the study on
animal products that may be used in the
manufacture of methamphetamine
described in article 7, section 20.
ARTICLE 2
SEX OFFENDERS:
MANDATORY LIFE SENTENCES FOR CERTAIN EGREGIOUS AND
REPEAT SEX OFFENSES; CONDITIONAL RELEASE;
OTHER SENTENCING CHANGES
Section 1. Minnesota Statutes 2004, section 244.04,
subdivision 1, is amended to read:
Subdivision 1. [REDUCTION OF SENTENCE; INMATES SENTENCED
FOR CRIMES COMMITTED BEFORE 1993.] Notwithstanding the
provisions of section 609.11, subdivision 6, and section
609.109, subdivision 1, the term of imprisonment of any inmate
sentenced to a presumptive fixed sentence after May 1, 1980, and
whose crime was committed before August 1, 1993, shall be
reduced in duration by one day for each two days during which
the inmate violates none of the disciplinary offense rules
promulgated by the commissioner. The reduction shall accrue to
the period of supervised release to be served by the inmate,
except that the period of supervised release for a sex offender
sentenced and conditionally released by the commissioner under
section 609.108, subdivision 5, 609.3455 is governed by that
provision.
Except as otherwise provided in subdivision 2, if an inmate
whose crime was committed before August 1, 1993, violates a
disciplinary offense rule promulgated by the commissioner, good
time earned prior to the violation may not be taken away, but
the inmate may be required to serve an appropriate portion of
the term of imprisonment after the violation without earning
good time.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2004, section 244.05,
subdivision 2, is amended to read:
Subd. 2. [RULES.] The commissioner of corrections shall
adopt by rule standards and procedures for the revocation of
supervised or conditional release, and shall specify the period
of revocation for each violation of supervised release.
Procedures for the revocation of supervised release shall
provide due process of law for the inmate.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 3. Minnesota Statutes 2004, section 244.05,
subdivision 4, is amended to read:
Subd. 4. [MINIMUM IMPRISONMENT, LIFE SENTENCE.] (a) An
inmate serving a mandatory life sentence under section
609.106 or 609.3455, subdivision 2, must not be given supervised
release under this section.
(b) An inmate serving a mandatory life sentence under
section 609.185, clause (1), (3), (5), or (6); or 609.109,
subdivision 2a 3, must not be given supervised release under
this section without having served a minimum term of 30 years.
(c) An inmate serving a mandatory life sentence under
section 609.385 must not be given supervised release under this
section without having served a minimum term of imprisonment of
17 years.
(d) An inmate serving a mandatory life sentence under
section 609.3455, subdivision 3 or 4, must not be given
supervised release under this section without having served the
minimum term of imprisonment specified by the court in its
sentence.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 4. Minnesota Statutes 2004, section 244.05,
subdivision 5, is amended to read:
Subd. 5. [SUPERVISED RELEASE, LIFE SENTENCE.] (a) The
commissioner of corrections may, under rules promulgated by the
commissioner, give supervised release to an inmate serving a
mandatory life sentence under section 609.185, clause (1), (3),
(5), or (6); 609.109, subdivision 2a 3; 609.3455, subdivision 3
or 4; or 609.385 after the inmate has served the minimum term of
imprisonment specified in subdivision 4.
(b) The commissioner shall require the preparation of a
community investigation report and shall consider the findings
of the report when making a supervised release decision under
this subdivision. The report shall reflect the sentiment of the
various elements of the community toward the inmate, both at the
time of the offense and at the present time. The report shall
include the views of the sentencing judge, the prosecutor, any
law enforcement personnel who may have been involved in the
case, and any successors to these individuals who may have
information relevant to the supervised release decision. The
report shall also include the views of the victim and the
victim's family unless the victim or the victim's family chooses
not to participate.
(c) The commissioner shall make reasonable efforts to
notify the victim, in advance, of the time and place of the
inmate's supervised release review hearing. The victim has a
right to submit an oral or written statement at the review
hearing. The statement may summarize the harm suffered by the
victim as a result of the crime and give the victim's
recommendation on whether the inmate should be given supervised
release at this time. The commissioner must consider the
victim's statement when making the supervised release decision.
(d) When considering whether to give supervised release to
an inmate serving a life sentence under section 609.3455,
subdivision 3 or 4, the commissioner shall consider, at a
minimum, the following: the risk the inmate poses to the
community if released, the inmate's progress in treatment, the
inmate's behavior while incarcerated, psychological or other
diagnostic evaluations of the inmate, the inmate's criminal
history, and any other relevant conduct of the inmate while
incarcerated or before incarceration. The commissioner may not
give supervised release to the inmate unless:
(1) while in prison:
(i) the inmate has successfully completed appropriate sex
offender treatment;
(ii) the inmate has been assessed for chemical dependency
needs and, if appropriate, has successfully completed chemical
dependency treatment; and
(iii) the inmate has been assessed for mental health needs
and, if appropriate, has successfully completed mental health
treatment; and
(2) a comprehensive individual release plan is in place for
the inmate that ensures that, after release, the inmate will
have suitable housing and receive appropriate aftercare and
community-based treatment. The comprehensive plan also must
include a postprison employment or education plan for the inmate.
(e) As used in this subdivision, "victim" means the
individual who suffered harm as a result of the inmate's crime
or, if the individual is deceased, the deceased's surviving
spouse or next of kin.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 5. Minnesota Statutes 2004, section 609.106,
subdivision 2, is amended to read:
Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence
a person to life imprisonment without possibility of release
under the following circumstances:
(1) the person is convicted of first degree murder under
section 609.185, paragraph (a), clause (1), (2), (4), or (7);
(2) the person is convicted of committing first degree
murder in the course of a kidnapping under section 609.185,
clause (3); or
(3) the person is convicted of first degree murder under
section 609.185, clause (1), (3), (5), or (6), and the court
determines on the record at the time of sentencing that the
person has one or more previous convictions for a heinous crime.
Sec. 6. Minnesota Statutes 2004, section 609.108,
subdivision 1, is amended to read:
Subdivision 1. [MANDATORY INCREASED SENTENCE.] (a) A court
shall commit a person to the commissioner of corrections for a
period of time that is not less than double the presumptive
sentence under the Sentencing Guidelines and not more than the
statutory maximum, or if the statutory maximum is less than
double the presumptive sentence, for a period of time that is
equal to the statutory maximum, if:
(1) the court is imposing an executed sentence, based on a
Sentencing Guidelines presumptive imprisonment sentence or a
dispositional departure for aggravating circumstances or a
mandatory minimum sentence, on a person convicted of committing
or attempting to commit a violation of section 609.342, 609.343,
609.344, or 609.345, or on a person convicted of committing or
attempting to commit any other crime listed in subdivision 3 if
it reasonably appears to the court that the crime was motivated
by the offender's sexual impulses or was part of a predatory
pattern of behavior that had criminal sexual conduct as its goal
609.3453;
(2) the court finds factfinder determines that the offender
is a danger to public safety; and
(3) the court finds factfinder determines that the offender
needs long-term treatment or supervision offender's criminal
sexual behavior is so engrained that the risk of reoffending is
great without intensive psychotherapeutic intervention or other
long-term treatment or supervision extending beyond the
presumptive term of imprisonment and supervised release. The
finding must be based on a professional assessment by an
examiner experienced in evaluating sex offenders that concludes
that the offender is a patterned sex offender. The assessment
must contain the facts upon which the conclusion is based, with
reference to the offense history of the offender or the severity
of the current offense, the social history of the offender, and
the results of an examination of the offender's mental status
unless the offender refuses to be examined. The conclusion may
not be based on testing alone. A patterned sex offender is one
whose criminal sexual behavior is so engrained that the risk of
reoffending is great without intensive psychotherapeutic
intervention or other long-term controls.
(b) The court shall consider imposing a sentence under this
section whenever a person is convicted of violating section
609.342 or 609.343.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2004, section 609.108,
subdivision 3, is amended to read:
Subd. 3. [PREDATORY CRIME.] A predatory crime is a felony
violation of section 609.185, 609.19, 609.195, 609.20, 609.205,
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255,
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561,
or 609.582, subdivision 1. As used in this section, "predatory
crime" has the meaning given in section 609.341, subdivision 22.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2004, section 609.108,
subdivision 4, is amended to read:
Subd. 4. [DANGER TO PUBLIC SAFETY.] The court shall base
its finding factfinder shall base its determination that the
offender is a danger to public safety on any of the following
factors:
(1) the crime involved an aggravating factor that would
justify a durational departure from the presumptive sentence
under the Sentencing Guidelines;
(2) the offender previously committed or attempted to
commit a predatory crime or a violation of section 609.224 or
609.2242, including:
(i) an offense committed as a juvenile that would have been
a predatory crime or a violation of section 609.224 or 609.2242
if committed by an adult; or
(ii) a violation or attempted violation of a similar law of
any other state or the United States; or
(3) the offender planned or prepared for the crime prior to
its commission.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2004, section 609.108,
subdivision 6, is amended to read:
Subd. 6. [CONDITIONAL RELEASE.] At the time of sentencing
under subdivision 1, the court shall provide that after the
offender has completed the sentence imposed, less any good time
earned by an offender whose crime was committed before August 1,
1993, the commissioner of corrections shall place the offender
on conditional release for the remainder of the statutory
maximum period, or for ten years, whichever is longer. The
terms of conditional release are governed by section 609.3455.
The conditions of release may include successful completion
of treatment and aftercare in a program approved by the
commissioner, satisfaction of the release conditions specified
in section 244.05, subdivision 6, and any other conditions the
commissioner considers appropriate. Before the offender is
released, the commissioner shall notify the sentencing court,
the prosecutor in the jurisdiction where the offender was
sentenced, and the victim of the offender's crime, where
available, of the terms of the offender's conditional release.
If the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve all or a part of the remaining
portion of the conditional release term in prison. The
commissioner shall not dismiss the offender from supervision
before the conditional release term expires.
Conditional release granted under this subdivision is
governed by provisions relating to supervised release, except as
otherwise provided in this subdivision, section 244.04,
subdivision 1, or 244.05.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2004, section 609.341,
subdivision 14, is amended to read:
Subd. 14. [COERCION.] "Coercion" means the use by the
actor of words or circumstances that cause the complainant
reasonably to fear that the actor will inflict bodily harm upon,
or hold in confinement, the complainant or another, or force the
use by the actor of confinement, or superior size or strength,
against the complainant that causes the complainant to submit to
sexual penetration or contact, but against the complainant's
will. Proof of coercion does not require proof of a specific
act or threat.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 11. Minnesota Statutes 2004, section 609.341, is
amended by adding a subdivision to read:
Subd. 22. [PREDATORY CRIME.] "Predatory crime" means a
felony violation of section 609.185 (first-degree murder),
609.19 (second-degree murder), 609.195 (third-degree murder),
609.20 (first-degree manslaughter), 609.205 (second-degree
manslaughter), 609.221 (first-degree assault), 609.222
(second-degree assault), 609.223 (third-degree assault), 609.24
(simple robbery), 609.245 (aggravated robbery), 609.25
(kidnapping), 609.255 (false imprisonment), 609.498 (tampering
with a witness), 609.561 (first-degree arson), or 609.582,
subdivision 1 (first-degree burglary).
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2004, section 609.342,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] (a) Except as otherwise provided in
section 609.109 or 609.3455, a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
30 years or to a payment of a fine of not more than $40,000, or
both.
(b) Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 144 months must be imposed on an
offender convicted of violating this section. Sentencing a
person in a manner other than that described in this paragraph
is a departure from the Sentencing Guidelines.
(c) A person convicted under this section is also subject
to conditional release under section 609.3455.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 13. Minnesota Statutes 2004, section 609.342,
subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment is required
under section 609.109 or 609.3455, if a person is convicted
under subdivision 1, clause (g), the court may stay imposition
or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or
the family unit; and
(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 14. Minnesota Statutes 2004, section 609.343,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] (a) Except as otherwise provided in
section 609.109 or 609.3455, a person convicted under
subdivision 1 may be sentenced to imprisonment for not more than
25 years or to a payment of a fine of not more than $35,000, or
both.
(b) Unless a longer mandatory minimum sentence is otherwise
required by law or the Sentencing Guidelines provide for a
longer presumptive executed sentence, the court shall presume
that an executed sentence of 90 months must be imposed on an
offender convicted of violating subdivision 1, clause (c), (d),
(e), (f), or (h). Sentencing a person in a manner other than
that described in this paragraph is a departure from the
Sentencing Guidelines.
(c) A person convicted under this section is also subject
to conditional release under section 609.3455.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 15. Minnesota Statutes 2004, section 609.343,
subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment is required
under section 609.109 or 609.3455, if a person is convicted
under subdivision 1, clause (g), the court may stay imposition
or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or
the family unit; and
(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 16. Minnesota Statutes 2004, section 609.344,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] Except as otherwise provided in
section 609.3455, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than 15 years or to a
payment of a fine of not more than $30,000, or both. A person
convicted under this section is also subject to conditional
release under section 609.3455.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 17. Minnesota Statutes 2004, section 609.344,
subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment is required
under section 609.109 or 609.3455, if a person is convicted
under subdivision 1, clause (f), the court may stay imposition
or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or
the family unit; and
(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 18. Minnesota Statutes 2004, section 609.345,
subdivision 2, is amended to read:
Subd. 2. [PENALTY.] Except as otherwise provided in
section 609.3455, a person convicted under subdivision 1 may be
sentenced to imprisonment for not more than ten years or to a
payment of a fine of not more than $20,000, or both. A person
convicted under this section is also subject to conditional
release under section 609.3455.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 19. Minnesota Statutes 2004, section 609.345,
subdivision 3, is amended to read:
Subd. 3. [STAY.] Except when imprisonment is required
under section 609.109 or 609.3455, if a person is convicted
under subdivision 1, clause (f), the court may stay imposition
or execution of the sentence if it finds that:
(a) a stay is in the best interest of the complainant or
the family unit; and
(b) a professional assessment indicates that the offender
has been accepted by and can respond to a treatment program.
If the court stays imposition or execution of sentence, it
shall include the following as conditions of probation:
(1) incarceration in a local jail or workhouse;
(2) a requirement that the offender complete a treatment
program; and
(3) a requirement that the offender have no unsupervised
contact with the complainant until the offender has successfully
completed the treatment program unless approved by the treatment
program and the supervising correctional agent.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 20. [609.3453] [CRIMINAL SEXUAL PREDATORY CONDUCT.]
Subdivision 1. [CRIME DEFINED.] A person is guilty of
criminal sexual predatory conduct if the person commits a
predatory crime that was motivated by the offender's sexual
impulses or was part of a predatory pattern of behavior that had
criminal sexual conduct as its goal.
Subd. 2. [PENALTY.] (a) Except as provided in section
609.3455, the statutory maximum sentence for a violation of
subdivision 1 is: (1) 25 percent longer than for the underlying
predatory crime; or (2) 50 percent longer than for the
underlying predatory crime, if the violation is committed by a
person with a previous sex offense conviction, as defined in
section 609.3455, subdivision 1.
(b) In addition to the sentence imposed under paragraph
(a), the person may also be sentenced to the payment of a fine
of not more than $20,000.
(c) A person convicted under this section is also subject
to conditional release under section 609.3455.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 21. [609.3455] [DANGEROUS SEX OFFENDERS; LIFE
SENTENCES; CONDITIONAL RELEASE.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given.
(b) "Conviction" includes a conviction as an extended
jurisdiction juvenile under section 260B.130 for a violation of,
or an attempt to violate, section 609.342, 609.343, 609.344, or
609.3453, if the adult sentence has been executed.
(c) "Extreme inhumane conditions" mean situations where,
either before or after the sexual penetration or sexual contact,
the offender knowingly causes or permits the complainant to be
placed in a situation likely to cause the complainant severe
ongoing mental, emotional, or psychological harm, or causes the
complainant's death.
(d) A "heinous element" includes:
(1) the offender tortured the complainant;
(2) the offender intentionally inflicted great bodily harm
upon the complainant;
(3) the offender intentionally mutilated the complainant;
(4) the offender exposed the complainant to extreme
inhumane conditions;
(5) the offender was armed with a dangerous weapon or any
article used or fashioned in a manner to lead the complainant to
reasonably believe it to be a dangerous weapon and used or
threatened to use the weapon or article to cause the complainant
to submit;
(6) the offense involved sexual penetration or sexual
contact with more than one victim;
(7) the offense involved more than one perpetrator engaging
in sexual penetration or sexual contact with the complainant; or
(8) the offender, without the complainant's consent,
removed the complainant from one place to another and did not
release the complainant in a safe place.
(e) "Mutilation" means the intentional infliction of
physical abuse designed to cause serious permanent disfigurement
or permanent or protracted loss or impairment of the functions
of any bodily member or organ, where the offender relishes the
infliction of the abuse, evidencing debasement or perversion.
(f) A conviction is considered a "previous sex offense
conviction" if the offender was convicted and sentenced for a
sex offense before the commission of the present offense.
(g) A conviction is considered a "prior sex offense
conviction" if the offender was convicted of committing a sex
offense before the offender has been convicted of the present
offense, regardless of whether the offender was convicted for
the first offense before the commission of the present offense,
and the convictions involved separate behavioral incidents.
(h) "Sex offense" means any violation of, or attempt to
violate, section 609.342, 609.343, 609.344, 609.345, 609.3451,
609.3453, or any similar statute of the United States, this
state, or any other state.
(i) "Torture" means the intentional infliction of extreme
mental anguish, or extreme psychological or physical abuse, when
committed in an especially depraved manner.
(j) An offender has "two previous sex offense convictions"
only if the offender was convicted and sentenced for a sex
offense committed after the offender was earlier convicted and
sentenced for a sex offense and both convictions preceded the
commission of the present offense of conviction.
Subd. 2. [MANDATORY LIFE SENTENCE WITHOUT RELEASE FOR
PARTICULARLY EGREGIOUS FIRST-TIME AND REPEAT OFFENDERS.] (a)
Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, the court shall sentence a person
convicted under section 609.342, subdivision 1, paragraph (c),
(d), (e), (f), or (h); or 609.343, subdivision 1, paragraph (c),
(d), (e), (f), or (h), to life without the possibility of
release if:
(1) the factfinder determines that two or more heinous
elements exist; or
(2) the person has a previous sex offense conviction for a
violation of section 609.342, 609.343, or 609.344, and the fact
finder determines that a heinous element exists for the present
offense.
(b) A factfinder may not consider a heinous element if it
is an element of the underlying specified violation of section
609.342 or 609.343. In addition, when determining whether two
or more heinous elements exist, the factfinder may not use the
same underlying facts to support a determination that more than
one element exists.
Subd. 3. [MANDATORY LIFE SENTENCE FOR EGREGIOUS FIRST-TIME
OFFENDERS.] (a) Notwithstanding the statutory maximum penalty
otherwise applicable to the offense, the court shall sentence a
person to imprisonment for life if the person is convicted under
section 609.342, subdivision 1, paragraph (c), (d), (e), (f), or
(h), or 609.343, subdivision 1, paragraph (c), (d), (e), (f), or
(h); and the factfinder determines that a heinous element exists.
(b) The factfinder may not consider a heinous element if it
is an element of the underlying specified violation of section
609.342 or 609.343.
Subd. 4. [MANDATORY LIFE SENTENCE; REPEAT OFFENDERS.] (a)
Notwithstanding the statutory maximum penalty otherwise
applicable to the offense, the court shall sentence a person to
imprisonment for life if the person is convicted of violating
section 609.342, 609.343, 609.344, 609.345, or 609.3453 and:
(1) the person has two previous sex offense convictions;
(2) the person has a previous sex offense conviction and:
(i) the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under
the sentencing guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure
from the sentencing guidelines for the previous sex offense
conviction; or
(iii) the person was sentenced under section 609.108 for
the previous sex offense conviction; or
(3) the person has two prior sex offense convictions, the
prior convictions and present offense involved at least three
separate victims, and:
(i) the present offense involved an aggravating factor that
would provide grounds for an upward durational departure under
the sentencing guidelines other than the aggravating factor
applicable to repeat criminal sexual conduct convictions;
(ii) the person received an upward durational departure
from the sentencing guidelines for one of the prior sex offense
convictions; or
(iii) the person was sentenced under section 609.108 for
one of the prior sex offense convictions.
(b) Notwithstanding paragraph (a), a court may not sentence
a person to imprisonment for life for a violation of section
609.345, unless the person's previous or prior sex offense
convictions that are being used as the basis for the sentence
are for violations of section 609.342, 609.343, 609.344, or
609.3453, or any similar statute of the United States, this
state, or any other state.
Subd. 5. [LIFE SENTENCES; MINIMUM TERM OF
IMPRISONMENT.] At the time of sentencing under subdivision 3 or
4, the court shall specify a minimum term of imprisonment, based
on the sentencing guidelines or any applicable mandatory minimum
sentence, that must be served before the offender may be
considered for supervised release.
Subd. 6. [MANDATORY TEN-YEAR CONDITIONAL RELEASE TERM.]
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense and unless a longer conditional
release term is required in subdivision 7, when a court commits
an offender to the custody of the commissioner of corrections
for a violation of section 609.342, 609.343, 609.344, 609.345,
or 609.3453, the court shall provide that, after the offender
has completed the sentence imposed, the commissioner shall place
the offender on conditional release for ten years, minus the
time the offender served on supervised release.
Subd. 7. [MANDATORY LIFETIME CONDITIONAL RELEASE TERM.] (a)
When a court sentences an offender under subdivision 3 or 4, the
court shall provide that, if the offender is released from
prison, the commissioner of corrections shall place the offender
on conditional release for the remainder of the offender's life.
(b) Notwithstanding the statutory maximum sentence
otherwise applicable to the offense, when the court commits an
offender to the custody of the commissioner of corrections for a
violation of section 609.342, 609.343, 609.344, 609.345, or
609.3453, and the offender has a previous or prior sex offense
conviction, the court shall provide that, after the offender has
completed the sentence imposed, the commissioner shall place the
offender on conditional release for the remainder of the
offender's life.
(c) Notwithstanding paragraph (b), an offender may not be
placed on lifetime conditional release for a violation of
section 609.345, unless the offender's previous or prior sex
offense conviction is for a violation of section 609.342,
609.343, 609.344, or 609.3453, or any similar statute of the
United States, this state, or any other state.
Subd. 8. [TERMS OF CONDITIONAL RELEASE; APPLICABLE TO ALL
SEX OFFENDERS.] (a) The provisions of this subdivision relating
to conditional release apply to all sex offenders sentenced to
prison for a violation of section 609.342, 609.343, 609.344,
609.345, or 609.3453. Except as provided in this subdivision,
conditional release of sex offenders is governed by provisions
relating to supervised release. The commissioner of corrections
may not dismiss an offender on conditional release from
supervision until the offender's conditional release term
expires.
(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. Before the
offender is placed on conditional release, the commissioner
shall notify the sentencing court and the prosecutor in the
jurisdiction where the offender was sentenced of the terms of
the offender's conditional release. The commissioner also shall
make reasonable efforts to notify the victim of the offender's
crime of the terms of the offender's conditional release. If
the offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve all or a part of the remaining
portion of the conditional release term in prison.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 22. [SENTENCING GUIDELINES, MODIFICATIONS.]
(a) By January 15, 2006, the Sentencing Guidelines
Commission shall propose to the legislature modifications to the
sentencing guidelines, including the guidelines grid, regarding
sex offenders. When proposing the modifications, the commission
must propose a separate sex offender grid based on the
sentencing changes made in this act relating to sex offenders.
(b) Modifications proposed by the commission under this
section take effect August 1, 2006, unless the legislature by
law provides otherwise.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 23. [REPEALER.]
Minnesota Statutes 2004, sections 609.108, subdivision 2;
and 609.109, subdivision 7, are repealed.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
ARTICLE 3
SEX OFFENDERS: PREDATORY OFFENDER REGISTRATION;
COMMUNITY NOTIFICATION; MISCELLANEOUS PROVISIONS
Section 1. Minnesota Statutes 2004, section 13.82, is
amended by adding a subdivision to read:
Subd. 28. [DISCLOSURE OF PREDATORY OFFENDER REGISTRANT
STATUS.] Law enforcement agency disclosure to health facilities
of the registrant status of a registered predatory offender is
governed by section 244.052.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 144A.135, is
amended to read:
144A.135 [TRANSFER AND DISCHARGE APPEALS.]
(a) The commissioner shall establish a mechanism for
hearing appeals on transfers and discharges of residents by
nursing homes or boarding care homes licensed by the
commissioner. The commissioner may adopt permanent rules to
implement this section.
(b) Until federal regulations are adopted under sections
1819(f)(3) and 1919(f)(3) of the Social Security Act that govern
appeals of the discharges or transfers of residents from nursing
homes and boarding care homes certified for participation in
Medicare or medical assistance, the commissioner shall provide
hearings under sections 14.57 to 14.62 and the rules adopted by
the Office of Administrative Hearings governing contested
cases. To appeal the discharge or transfer, or notification of
an intended discharge or transfer, a resident or the resident's
representative must request a hearing in writing no later than
30 days after receiving written notice, which conforms to state
and federal law, of the intended discharge or transfer.
(c) Hearings under this section shall be held no later than
14 days after receipt of the request for hearing, unless
impractical to do so or unless the parties agree otherwise.
Hearings shall be held in the facility in which the resident
resides, unless impractical to do so or unless the parties agree
otherwise.
(d) A resident who timely appeals a notice of discharge or
transfer, and who resides in a certified nursing home or
boarding care home, may not be discharged or transferred by the
nursing home or boarding care home until resolution of the
appeal. The commissioner can order the facility to readmit the
resident if the discharge or transfer was in violation of state
or federal law. If the resident is required to be hospitalized
for medical necessity before resolution of the appeal, the
facility shall readmit the resident unless the resident's
attending physician documents, in writing, why the resident's
specific health care needs cannot be met in the facility.
(e) The commissioner and Office of Administrative Hearings
shall conduct the hearings in compliance with the federal
regulations described in paragraph (b), when adopted.
(f) Nothing in this section limits the right of a resident
or the resident's representative to request or receive
assistance from the Office of Ombudsman for Older Minnesotans or
the Office of Health Facility Complaints with respect to an
intended discharge or transfer.
(g) A person required to inform a health care facility of
the person's status as a registered predatory offender under
section 243.166, subdivision 4b, who knowingly fails to do so
shall be deemed to have endangered the safety of individuals in
the facility under Code of Federal Regulations, chapter 42,
section 483.12. Notwithstanding paragraph (d), any appeal of
the notice and discharge shall not constitute a stay of the
discharge.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 3. Minnesota Statutes 2004, section 241.06, is
amended to read:
241.06 [RECORD OF INMATES; DEPARTMENT OF CORRECTIONS.]
Subdivision 1. [GENERAL.] The commissioner of corrections
shall keep in the commissioner's office, accessible only by the
commissioner's consent or on the order of a judge or court of
record, a record showing the residence, sex, age, nativity,
occupation, civil condition, and date of entrance or commitment
of every person, inmate, or convict in the facilities under the
commissioner's exclusive control, the date of discharge and
whether such discharge was final, the condition of such person
when the person left the facility, and the date and cause of all
deaths. The records shall state every transfer from one
facility to another, naming each. This information shall be
furnished to the commissioner of corrections by each facility,
with such other obtainable facts as the commissioner may from
time to time require. The chief executive officer of each such
facility, within ten days after the commitment or entrance
thereto of a person, inmate, or convict, shall cause a true copy
of the entrance record to be forwarded to the commissioner of
corrections. When a person, inmate, or convict leaves, is
discharged or transferred, or dies in any facility, the chief
executive officer, or other person in charge shall inform the
commissioner of corrections within ten days thereafter on forms
furnished by the commissioner.
The commissioner of corrections may authorize the chief
executive officer of any facility under the commissioner's
control to release to probation officers, local social services
agencies or other specifically designated interested persons or
agencies any information regarding any person, inmate, or
convict thereat, if, in the opinion of the commissioner, it will
be for the benefit of the person, inmate, or convict.
Subd. 2. [SEX OFFENDER INFORMATION PROVIDED TO SUPERVISING
CORRECTIONS AGENCY.] When an offender who is required to
register as a predatory offender under section 243.166 is being
released from prison, the commissioner shall provide to the
corrections agency that will supervise the offender, the
offender's prison records relating to psychological assessments,
medical and mental health issues, and treatment.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 4. Minnesota Statutes 2004, section 241.67,
subdivision 3, is amended to read:
Subd. 3. [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE
COMMISSIONER.] (a) The commissioner shall provide for a range of
sex offender programs, including intensive sex offender
programs, within the state adult correctional facility system.
Participation in any program is subject to the rules and
regulations of the Department of Corrections. Nothing in this
section requires the commissioner to accept or retain an
offender in a program if the offender is determined by prison
professionals as unamenable to programming within the prison
system or if the offender refuses or fails to comply with the
program's requirements. Nothing in this section creates a right
of an offender to treatment.
(b) The commissioner shall develop a plan to provide for
residential and outpatient sex offender programming and
aftercare when required for conditional release under section
609.108 or as a condition of supervised release. The plan may
include co-payments from the offender, third-party payers, local
agencies, or other funding sources as they are identified.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 5. Minnesota Statutes 2004, section 241.67,
subdivision 7, is amended to read:
Subd. 7. [FUNDING PRIORITY; PROGRAM EFFECTIVENESS.] (a)
Unless otherwise directed by the terms of a particular
appropriations provision, the commissioner shall give priority
to the funding of juvenile sex offender programs over the
funding of adult sex offender programs.
(b) Every county or private sex offender program that seeks
new or continued state funding or reimbursement shall provide
the commissioner with any information relating to the program's
effectiveness that the commissioner considers necessary. The
commissioner shall deny state funding or reimbursement to any
county or private program that fails to provide this information
or that appears to be an ineffective program.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 6. Minnesota Statutes 2004, section 241.67,
subdivision 8, is amended to read:
Subd. 8. [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION
PROJECT.] (a) For the purposes of this project subdivision, a
sex offender is an adult who has been convicted, or a juvenile
who has been adjudicated, for a sex offense or a sex-related
offense which would require registration under section 243.166.
(b) The commissioner shall develop a long-term project to
accomplish the following:
(1) provide collect follow-up information on each sex
offender for a period of three years following the offender's
completion of or termination from treatment for the purpose of
providing periodic reports to the legislature;
(2) provide treatment programs in several geographical
areas in the state;
(3) provide the necessary data to form the basis to
recommend a fiscally sound plan to provide a coordinated
statewide system of effective sex offender treatment
programming; and
(4) provide an opportunity to local and regional
governments, agencies, and programs to establish models of sex
offender programs that are suited to the needs of that region.
(c) The commissioner shall establish an advisory task force
consisting of county probation officers from Community
Corrections Act counties and other counties, court services
providers, and other interested officials. The commissioner
shall consult with the task force concerning the establishment
and operation of the project on how best to implement the
requirements of this subdivision.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 7. Minnesota Statutes 2004, section 242.195,
subdivision 1, is amended to read:
Subdivision 1. [SEX OFFENDER PROGRAMS.] (a) The
commissioner of corrections shall develop a plan to provide for
a range of sex offender programs, including intensive sex
offender programs, for juveniles within state juvenile
correctional facilities and through purchase of service from
county and private residential and outpatient juvenile sex
offender programs. The plan may include co-payments from the
offenders, third-party payers, local agencies, and other funding
sources as they are identified.
(b) The commissioner shall establish and operate a
residential sex offender program at one of the state juvenile
correctional facilities. The program must be structured to
address both the therapeutic and disciplinary needs of juvenile
sex offenders. The program must afford long-term residential
treatment for a range of juveniles who have committed sex
offenses and have failed other treatment programs or are not
likely to benefit from an outpatient or a community-based
residential treatment program.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 8. Minnesota Statutes 2004, section 243.166, is
amended to read:
243.166 [REGISTRATION OF PREDATORY OFFENDERS.]
Subdivision 1. [REGISTRATION REQUIRED.] (a) A person shall
register under this section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate any of the following, and
convicted of or adjudicated delinquent for that offense or
another offense arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2); or
(ii) kidnapping under section 609.25; or
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; or 609.3451, subdivision 3; or
(iv) indecent exposure under section 617.23, subdivision 3;
or
(2) the person was charged with or petitioned for falsely
imprisoning a minor in violation of section 609.255, subdivision
2; soliciting a minor to engage in prostitution in violation of
section 609.322 or 609.324; soliciting a minor to engage in
sexual conduct in violation of section 609.352; using a minor in
a sexual performance in violation of section 617.246; or
possessing pornographic work involving a minor in violation of
section 617.247, and convicted of or adjudicated delinquent for
that offense or another offense arising out of the same set of
circumstances; or
(3) the person was convicted of a predatory crime as
defined in section 609.108, and the offender was sentenced as a
patterned sex offender or the court found on its own motion or
that of the prosecutor that the crime was part of a predatory
pattern of behavior that had criminal sexual conduct as its
goal; or
(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
(2) the person enters the state to reside, or to work or
attend school; and
(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person must
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
For purposes of this paragraph:
(i) "school" includes any public or private educational
institution, including any secondary school, trade or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time
basis; and
(ii) "work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
Subd. 1a. [DEFINITIONS.] (a) As used in this section,
unless the context clearly indicates otherwise, the following
terms have the meanings given them.
(b) "Bureau" means the Bureau of Criminal Apprehension.
(c) "Dwelling" means the building where the person lives
under a formal or informal agreement to do so.
(d) "Incarceration" and "confinement" do not include
electronic home monitoring.
(e) "Law enforcement authority" or "authority" means, with
respect to a home rule charter or statutory city, the chief of
police, and with respect to an unincorporated area, the county
sheriff.
(f) "Motor vehicle" has the meaning given in section
169.01, subdivision 2.
(g) "Primary address" means the mailing address of the
person's dwelling. If the mailing address is different from the
actual location of the dwelling, primary address also includes
the physical location of the dwelling described with as much
specificity as possible.
(h) "School" includes any public or private educational
institution, including any secondary school, trade, or
professional institution, or institution of higher education,
that the person is enrolled in on a full-time or part-time basis.
(i) "Secondary address" means the mailing address of any
place where the person regularly or occasionally stays overnight
when not staying at the person's primary address. If the
mailing address is different from the actual location of the
place, secondary address also includes the physical location of
the place described with as much specificity as possible.
(j) "Treatment facility" means a residential facility, as
defined in section 244.052, subdivision 1, and residential
chemical dependency treatment programs and halfway houses
licensed under chapter 245A, including, but not limited to,
those facilities directly or indirectly assisted by any
department or agency of the United States.
(k) "Work" includes employment that is full time or part
time for a period of time exceeding 14 days or for an aggregate
period of time exceeding 30 days during any calendar year,
whether financially compensated, volunteered, or for the purpose
of government or educational benefit.
Subd. 1b. [REGISTRATION REQUIRED.] (a) A person shall
register under this section if:
(1) the person was charged with or petitioned for a felony
violation of or attempt to violate, or aiding, abetting, or
conspiracy to commit, any of the following, and convicted of or
adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances:
(i) murder under section 609.185, clause (2);
(ii) kidnapping under section 609.25;
(iii) criminal sexual conduct under section 609.342;
609.343; 609.344; 609.345; 609.3451, subdivision 3; or 609.3453;
or
(iv) indecent exposure under section 617.23, subdivision 3;
(2) the person was charged with or petitioned for a
violation of, or attempt to violate, or aiding, abetting, or
conspiracy to commit false imprisonment in violation of section
609.255, subdivision 2; soliciting a minor to engage in
prostitution in violation of section 609.322 or 609.324;
soliciting a minor to engage in sexual conduct in violation of
section 609.352; using a minor in a sexual performance in
violation of section 617.246; or possessing pornographic work
involving a minor in violation of section 617.247, and convicted
of or adjudicated delinquent for that offense or another offense
arising out of the same set of circumstances;
(3) the person was sentenced as a patterned sex offender
under section 609.108; or
(4) the person was convicted of or adjudicated delinquent
for, including pursuant to a court martial, violating a law of
the United States, including the Uniform Code of Military
Justice, similar to the offenses described in clause (1), (2),
or (3).
(b) A person also shall register under this section if:
(1) the person was convicted of or adjudicated delinquent
in another state for an offense that would be a violation of a
law described in paragraph (a) if committed in this state;
(2) the person enters this state to reside, work, or attend
school, or enters this state and remains for 14 days or longer;
and
(3) ten years have not elapsed since the person was
released from confinement or, if the person was not confined,
since the person was convicted of or adjudicated delinquent for
the offense that triggers registration, unless the person is
subject to lifetime registration, in which case the person shall
register for life regardless of when the person was released
from confinement, convicted, or adjudicated delinquent.
(c) A person also shall register under this section if the
person was committed pursuant to a court commitment order under
section 253B.185 or Minnesota Statutes 1992, section 526.10, or
a similar law of another state or the United States, regardless
of whether the person was convicted of any offense.
(d) A person also shall register under this section if:
(1) the person was charged with or petitioned for a felony
violation or attempt to violate any of the offenses listed in
paragraph (a), clause (1), or a similar law of another state or
the United States, or the person was charged with or petitioned
for a violation of any of the offenses listed in paragraph (a),
clause (2), or a similar law of another state or the United
States;
(2) the person was found not guilty by reason of mental
illness or mental deficiency after a trial for that offense, or
found guilty but mentally ill after a trial for that offense, in
states with a guilty but mentally ill verdict; and
(3) the person was committed pursuant to a court commitment
order under section 253B.18 or a similar law of another state or
the United States.
Subd. 2. [NOTICE.] When a person who is required to
register under subdivision 1 1b, paragraph (a), is sentenced or
becomes subject to a juvenile court disposition order, the court
shall tell the person of the duty to register under this section
and that, if the person fails to comply with the registration
requirements, information about the offender may be made
available to the public through electronic, computerized, or
other accessible means. The court may not modify the person's
duty to register in the pronounced sentence or disposition
order. The court shall require the person to read and sign a
form stating that the duty of the person to register under this
section has been explained. The court shall forward the signed
sex offender registration form, the complaint, and sentencing
documents to the bureau of Criminal Apprehension. If a person
required to register under subdivision 1 1b, paragraph (a), was
not notified by the court of the registration requirement at the
time of sentencing or disposition, the assigned corrections
agent shall notify the person of the requirements of this
section. When a person who is required to register under
subdivision 1 1b, paragraph (c) or (d), is released from
commitment, the treatment facility shall notify the person of
the requirements of this section. The treatment facility shall
also obtain the registration information required under this
section and forward it to the bureau of Criminal Apprehension.
Subd. 3. [REGISTRATION PROCEDURE.] (a) Except as provided
in subdivision 3a, 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 authority that has jurisdiction in the area
of the person's residence primary address.
(b) Except as provided in subdivision 3a, 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 primary address 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 after the person
begins living in the new state and the bureau has confirmed the
address in the other state through the annual verification
process on at least one occasion.
(c) A person required to register under subdivision 1 1b,
paragraph (b), because the person is working or attending school
in Minnesota shall register with the law enforcement
agency authority 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 shall 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 primary address shall notify the person of
this requirement.
Subd. 3a. [REGISTRATION PROCEDURE WHEN PERSON LACKS
PRIMARY ADDRESS.] (a) If a person leaves a primary address and
does not have a new primary address, the person shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours of the time the
person no longer has a primary address.
(b) A person who lacks a primary address shall register
with the law enforcement authority that has jurisdiction in the
area where the person is staying within 24 hours after entering
the jurisdiction. Each time a person who lacks a primary
address moves to a new jurisdiction without acquiring a new
primary address, the person shall register with the law
enforcement authority that has jurisdiction in the area where
the person is staying within 24 hours after entering the
jurisdiction.
(c) Upon registering under this subdivision, the person
shall provide the law enforcement authority with all of the
information the individual is required to provide under
subdivision 4a. However, instead of reporting the person's
primary address, the person shall describe the location of where
the person is staying with as much specificity as possible.
(d) Except as otherwise provided in paragraph (e), if a
person continues to lack a primary address, the person shall
report in person on a weekly basis to the law enforcement
authority with jurisdiction in the area where the person is
staying. This weekly report shall occur between the hours of
9:00 a.m. and 5:00 p.m. The person is not required to provide
the registration information required under subdivision 4a each
time the offender reports to an authority, but the person shall
inform the authority of changes to any information provided
under this subdivision or subdivision 4a and shall otherwise
comply with this subdivision.
(e) If the law enforcement authority determines that it is
impractical, due to the person's unique circumstances, to
require a person lacking a primary address to report weekly and
in person as required under paragraph (d), the authority may
authorize the person to follow an alternative reporting
procedure. The authority shall consult with the person's
corrections agent, if the person has one, in establishing the
specific criteria of this alternative procedure, subject to the
following requirements:
(1) the authority shall document, in the person's
registration record, the specific reasons why the weekly
in-person reporting process is impractical for the person to
follow;
(2) the authority shall explain how the alternative
reporting procedure furthers the public safety objectives of
this section;
(3) the authority shall require the person lacking a
primary address to report in person at least monthly to the
authority or the person's corrections agent and shall specify
the location where the person shall report. If the authority
determines it would be more practical and would further public
safety for the person to report to another law enforcement
authority with jurisdiction where the person is staying, it may,
after consulting with the other law enforcement authority,
include this requirement in the person's alternative reporting
process;
(4) the authority shall require the person to comply with
the weekly, in-person reporting process required under paragraph
(d), if the person moves to a new area where this process would
be practical;
(5) the authority shall require the person to report any
changes to the registration information provided under
subdivision 4a and to comply with the periodic registration
requirements specified under paragraph (f); and
(6) the authority shall require the person to comply with
the requirements of subdivision 3, paragraphs (b) and (c), if
the person moves to a primary address.
(f) If a person continues to lack a primary address and
continues to report to the same law enforcement authority, the
person shall provide the authority with all of the information
the individual is required to provide under this subdivision and
subdivision 4a at least annually, unless the person is required
to register under subdivision 1b, paragraph (c), following
commitment pursuant to a court commitment under section 253B.185
or a similar law of another state or the United States. If the
person is required to register under subdivision 1b, paragraph
(c), the person shall provide the law enforcement authority with
all of the information the individual is required to report
under this subdivision and subdivision 4a at least once every
three months.
(g) A law enforcement authority receiving information under
this subdivision shall forward registration information and
changes to that information to the bureau within two business
days of receipt of the information.
(h) For purposes of this subdivision, a person who fails to
report a primary address will be deemed to be a person who lacks
a primary address, and the person shall comply with the
requirements for a person who lacks a primary address.
Subd. 4. [CONTENTS OF REGISTRATION.] (a) The registration
provided to the corrections agent or law enforcement authority,
must consist of a statement in writing signed by the person,
giving information required by the bureau of Criminal
Apprehension, a fingerprint card, and photograph of the person
taken at the time of the person's release from incarceration or,
if the person was not incarcerated, at the time the person
initially registered under this section. The registration
information also must include a written consent form signed by
the person allowing a treatment facility or residential housing
unit or shelter to release information to a law enforcement
officer about the person's admission to, or residence in, a
treatment facility or residential housing unit or shelter.
Registration information on adults and juveniles may be
maintained together notwithstanding section 260B.171,
subdivision 3.
(b) For persons required to register under subdivision 1
1b, paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, in addition to other information
required by this section, the registration provided to the
corrections agent or law enforcement authority must include the
person's offense history and documentation of treatment received
during the person's commitment. This documentation shall be is
limited to a statement of how far the person progressed in
treatment during commitment.
(c) Within three days of receipt, the corrections agent or
law enforcement authority shall forward the registration
information to the bureau of Criminal Apprehension. The bureau
shall ascertain whether the person has registered with the law
enforcement authority where the person resides in the area of
the person's primary address, if any, or if the person lacks a
primary address, where the person is staying, as required by
subdivision 3a. If the person has not registered with the law
enforcement authority, the bureau shall send one copy to that
authority.
(d) The corrections agent or law enforcement authority may
require that a person required to register under this section
appear before the agent or authority to be photographed. The
agent or authority shall forward the photograph to the bureau of
Criminal Apprehension.
The agent or authority shall require a person required to
register under this section who is classified as a level III
offender under section 244.052 to appear before the agent or
authority at least every six months to be photographed.
(e) During the period a person is required to register
under this section, the following shall provisions apply:
(1) Except for persons registering under subdivision 3a,
the bureau of Criminal Apprehension shall mail a verification
form to the last reported address of the person's residence last
reported primary address. This verification form shall must
provide notice to the offender that, if the offender does not
return the verification form as required, information about the
offender may be made available to the public through electronic,
computerized, or other accessible means. For persons who are
registered under subdivision 3a, the bureau shall mail an annual
verification form to the law enforcement authority where the
offender most recently reported. The authority shall provide
the verification form to the person at the next weekly meeting
and ensure that the person completes and signs the form and
returns it to the bureau.
(2) The person shall mail the signed verification form back
to the bureau of Criminal Apprehension within ten days after
receipt of the form, stating on the form the current and last
address of the person's residence and the other information
required under subdivision 4a.
(3) In addition to the requirements listed in this section,
a person who is assigned to risk level II or III under section
244.052, and who is no longer under correctional supervision for
a registration offense, or a failure to register offense, but
who resides, works, or attends school in Minnesota, shall have
an annual in-person contact with a law enforcement authority as
provided in this section. If the person resides in Minnesota,
the annual in-person contact shall be with the law enforcement
authority that has jurisdiction over the person's primary
address or, if the person has no address, the location where the
person is staying. If the person does not reside in Minnesota
but works or attends school in this state, the person shall have
an annual in-person contact with the law enforcement authority
or authorities with jurisdiction over the person's school or
workplace. During the month of the person's birth date, the
person shall report to the authority to verify the accuracy of
the registration information and to be photographed. Within
three days of this contact, the authority shall enter
information as required by the bureau into the predatory
offender registration database and submit an updated photograph
of the person to the bureau's predatory offender registration
unit.
(4) If the person fails to mail the completed and signed
verification form to the bureau of Criminal Apprehension within
ten days after receipt of the form, or if the person fails to
report to the law enforcement authority during the month of the
person's birth date, the person shall be is in violation of this
section.
(5) For any person who fails to mail the completed and
signed verification form to the bureau within ten days after
receipt of the form and who has been determined to be a risk
level III offender under section 244.052, the bureau shall
immediately investigate and notify local law enforcement
authorities to investigate the person's location and to ensure
compliance with this section. The bureau also shall immediately
give notice of the person's violation of this section to the law
enforcement authority having jurisdiction over the person's last
registered address or addresses.
For persons required to register under subdivision 1 1b,
paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States, the bureau shall comply with clause
(1) at least four times each year. For persons who, under
section 244.052, are assigned to risk level III and who are no
longer under correctional supervision for a registration offense
or a failure to register offense, the bureau shall comply with
clause (1) at least two times each year. For all other persons
required to register under this section, the bureau shall comply
with clause (1) each year within 30 days of the anniversary date
of the person's initial registration.
(f) When sending out a verification form, the bureau of
Criminal Apprehension must shall determine whether the person to
whom the verification form is being sent has signed a written
consent form as provided for in paragraph (a). If the person
has not signed such a consent form, the bureau of Criminal
Apprehension must shall send a written consent form to the
person along with the verification form. A person who receives
this written consent form must shall sign and return it to the
bureau of Criminal Apprehension at the same time as the
verification form.
(g) For the purposes of this subdivision, "treatment
facility" means a residential facility, as defined in section
244.052, subdivision 1, and residential chemical dependency
treatment programs and halfway houses licensed under chapter
245A, including, but not limited to, those facilities directly
or indirectly assisted by any department or agency of the United
States.
Subd. 4a. [INFORMATION REQUIRED TO BE PROVIDED.] (a) As
used in this section:
(1) "motor vehicle" has the meaning given "vehicle" in
section 169.01, subdivision 2;
(2) "primary residence" means any place where the person
resides longer than 14 days or that is deemed a primary
residence by a person's corrections agent, if one is assigned to
the person; and
(3) "secondary residence" means any place where the person
regularly stays overnight when not staying at the person's
primary residence, and includes, but is not limited to:
(i) the person's parent's home if the person is a student
and stays at the home at times when the person is not staying at
school, including during the summer; and
(ii) the home of someone with whom the person has a minor
child in common where the child's custody is shared.
(b) 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 address;
(2) the addresses of all of the person's secondary
residences addresses 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 schools where the
person resides while attending school is enrolled; and
(6) the year, model, make, license plate number, and color
of all motor vehicles owned or regularly driven by the person.
(c) (b) The person shall report to the agent or authority
the information required to be provided under paragraph (b) (a),
clauses (2) to (6), within five days of the date the clause
becomes applicable. If because of a change in circumstances any
information reported under paragraph (b) (a), clauses (1) to
(6), no longer applies, the person shall immediately inform the
agent or authority that the information is no longer valid. If
the person leaves a primary address and does not have a new
primary address, the person shall register as provided in
subdivision 3a.
Subd. 4b. [HEALTH CARE FACILITY; NOTICE OF STATUS.] (a) As
used in paragraphs (b) and (c), "health care facility" means a
hospital or other entity licensed under sections 144.50 to
144.58, a nursing home licensed to serve adults under section
144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed
under chapter 245A. As used in paragraph (d), "health care
facility" means a nursing home licensed to serve adults under
section 144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed
under chapter 245A.
(b) Upon admittance to a health care facility, a person
required to register under this section shall disclose to:
(1) the health care facility employee processing the
admission the person's status as a registered predatory offender
under this section; and
(2) the person's corrections agent, or if the person does
not have an assigned corrections agent, the law enforcement
authority with whom the person is currently required to
register, that inpatient admission has occurred.
(c) A law enforcement authority or corrections agent who
receives notice under paragraph (b) or who knows that a person
required to register under this section has been admitted and is
receiving health care at a health care facility shall notify the
administrator of the facility.
(d) A health care facility that receives notice under this
subdivision that a predatory offender has been admitted to the
facility shall notify other patients at the facility of this
fact. If the facility determines that notice to a patient is
not appropriate given the patient's medical, emotional, or
mental status, the facility shall notify the patient's next of
kin or emergency contact.
Subd. 5. [CRIMINAL PENALTY.] (a) A person required to
register under this section who knowingly violates any of its
provisions or intentionally provides false information to a
corrections agent, law enforcement authority, or the bureau of
Criminal Apprehension is guilty of a felony and may be sentenced
to imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
(b) Except as provided in paragraph (c), a person convicted
of violating paragraph (a) shall be committed to the custody of
the commissioner of corrections for not less than a year and a
day, nor more than five years.
(c) A person convicted of violating paragraph (a), who has
previously been convicted of or adjudicated delinquent for
violating this section or a similar statute of another state or
the United States, shall be committed to the custody of the
commissioner of corrections for not less than two years, nor
more than five years.
(d) Prior to the time of sentencing, the prosecutor may
file a motion to have the person sentenced without regard to the
mandatory minimum sentence established by this subdivision. The
motion shall must be accompanied by a statement on the record of
the reasons for it. When presented with the motion, or on its
own motion, the court may sentence the person without regard to
the mandatory minimum sentence if the court finds substantial
and compelling reasons to do so. Sentencing a person in the
manner described in this paragraph is a departure from the
Sentencing Guidelines.
(e) A person convicted and sentenced as required by this
subdivision is not eligible for probation, parole, discharge,
work release, conditional release, or supervised release, until
that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 241.26,
242.19, 243.05, 244.04, 609.12, and 609.135.
Subd. 5a. [TEN-YEAR CONDITIONAL RELEASE FOR VIOLATIONS
COMMITTED BY LEVEL III OFFENDERS.] Notwithstanding the statutory
maximum sentence otherwise applicable to the offense or any
provision of the sentencing guidelines, when a court commits a
person to the custody of the commissioner of corrections for
violating subdivision 5 and, at the time of the violation, the
person was assigned to risk level III under section 244.052, the
court shall provide that after the person has completed the
sentence imposed, the commissioner shall place the person on
conditional release for ten years. The terms of conditional
release are governed by section 609.3455, subdivision 8.
Subd. 6. [REGISTRATION PERIOD.] (a) Notwithstanding the
provisions of section 609.165, subdivision 1, and except as
provided in paragraphs (b), (c), and (d), a person required to
register under this section shall continue to comply with this
section until ten years have elapsed since the person initially
registered in connection with the offense, or until the
probation, supervised release, or conditional release period
expires, whichever occurs later. For a person required to
register under this section who is committed under section
253B.18 or 253B.185, the ten-year registration period does not
include the period of commitment.
(b) If a person required to register under this section
fails to register following a change in residence provide the
person's primary address as required by subdivision 3, paragraph
(b), fails to comply with the requirements of subdivision 3a,
fails to provide information as required by subdivision 4a, or
fails to return the verification form referenced in subdivision
4 within ten days, the commissioner of public safety may require
the person to continue to register for an additional period of
five years. This five-year period is added to the end of the
offender's registration period.
(c) If a person required to register under this section is
subsequently incarcerated following a conviction for a new
offense or following a revocation of probation, supervised
release, or conditional release for that any offense, or a
conviction for any new offense, the person shall continue to
register until ten years have elapsed since the person was last
released from incarceration or until the person's probation,
supervised release, or conditional release period expires,
whichever occurs later.
(d) A person shall continue to comply with this section for
the life of that person:
(1) if the person is convicted of or adjudicated delinquent
for any offense for which registration is required under
subdivision 1 1b, or any offense from another state or any
federal offense similar to the offenses described in subdivision
1 1b, and the person has a prior conviction or adjudication for
an offense for which registration was or would have been
required under subdivision 1 1b, or an offense from another
state or a federal offense similar to an offense described in
subdivision 1 1b;
(2) if the person is required to register based upon a
conviction or delinquency adjudication for an offense under
section 609.185, clause (2), or a similar statute from another
state or the United States;
(3) if the person is required to register based upon a
conviction for an offense under section 609.342, subdivision 1,
paragraph (a), (c), (d), (e), (f), or (h); 609.343, subdivision
1, paragraph (a), (c), (d), (e), (f), or (h); 609.344,
subdivision 1, paragraph (a), (c), or (g); or 609.345,
subdivision 1, paragraph (a), (c), or (g); or a statute from
another state or the United States similar to the offenses
described in this clause; or
(4) if the person is required to register under subdivision
1 1b, paragraph (c), following commitment pursuant to a court
commitment under section 253B.185 or a similar law of another
state or the United States.
Subd. 7. [USE OF INFORMATION.] Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
information provided under this section is private data on
individuals under section 13.02, subdivision 12. The
information may be used only for law enforcement purposes.
Subd. 7a. [AVAILABILITY OF INFORMATION ON OFFENDERS WHO
ARE OUT OF COMPLIANCE WITH REGISTRATION LAW.] (a) The bureau of
Criminal Apprehension may make information available to the
public about offenders who are 16 years of age or older and who
are out of compliance with this section for 30 days or longer
for failure to provide the address of the offenders' primary or
secondary residences addresses. This information may be made
available to the public through electronic, computerized, or
other accessible means. The amount and type of information made
available shall be is limited to the information necessary for
the public to assist law enforcement in locating the offender.
(b) An offender who comes into compliance with this section
after the bureau of Criminal Apprehension discloses information
about the offender to the public may send a written request to
the bureau requesting the bureau to treat information about the
offender as private data, consistent with subdivision 7. The
bureau shall review the request and promptly take reasonable
action to treat the data as private, if the offender has
complied with the requirement that the offender provide the
addresses of the offender's primary and secondary residences
addresses, or promptly notify the offender that the information
will continue to be treated as public information and the
reasons for the bureau's decision.
(c) If an offender believes the information made public
about the offender is inaccurate or incomplete, the offender may
challenge the data under section 13.04, subdivision 4.
(d) The bureau of Criminal Apprehension is immune from any
civil or criminal liability that might otherwise arise, based on
the accuracy or completeness of any information made public
under this subdivision, if the bureau acts in good faith.
Subd. 8. [LAW ENFORCEMENT AUTHORITY.] For purposes of this
section, a law enforcement authority means, with respect to a
home rule charter or statutory city, the chief of police, and
with respect to an unincorporated area, the sheriff of the
county.
Subd. 9. [OFFENDERS FROM OTHER STATES.] (a) When the state
accepts an offender from another state under a reciprocal
agreement under the interstate compact authorized by section
243.16, the interstate compact authorized by section 243.1605,
or under any authorized interstate agreement, the acceptance is
conditional on the offender agreeing to register under this
section when the offender is living in Minnesota.
(b) The Bureau of Criminal Apprehension shall notify the
commissioner of corrections:
(1) when the bureau receives notice from a local law
enforcement authority that a person from another state who is
subject to this section has registered with the authority,
unless the bureau previously received information about the
offender from the commissioner of corrections;
(2) when a registration authority, corrections agent, or
law enforcement agency in another state notifies the bureau that
a person from another state who is subject to this section is
moving to Minnesota; and
(3) when the bureau learns that a person from another state
is in Minnesota and allegedly in violation of subdivision 5 for
failure to register.
(c) When a local law enforcement agency notifies the bureau
of an out-of-state offender's registration, the agency shall
provide the bureau with information on whether the person is
subject to community notification in another state and the risk
level the person was assigned, if any.
(d) The bureau must forward all information it receives
regarding offenders covered under this subdivision from sources
other than the commissioner of corrections to the commissioner.
(e) When the bureau receives information directly from a
registration authority, corrections agent, or law enforcement
agency in another state that a person who may be subject to this
section is moving to Minnesota, the bureau must ask whether the
person entering the state is subject to community notification
in another state and the risk level the person has been
assigned, if any.
(f) When the bureau learns that a person subject to this
section intends to move into Minnesota from another state or has
moved into Minnesota from another state, the bureau shall notify
the law enforcement authority with jurisdiction in the area of
the person's primary address and provide all information
concerning the person that is available to the bureau.
(g) The commissioner of corrections must determine the
parole, supervised release, or conditional release status of
persons who are referred to the commissioner under this
subdivision. If the commissioner determines that a person is
subject to parole, supervised release, or conditional release in
another state and is not registered in Minnesota under the
applicable interstate compact, the commissioner shall inform the
local law enforcement agency that the person is in violation of
section 243.161. If the person is not subject to supervised
release, the commissioner shall notify the bureau and the local
law enforcement agency of the person's status.
Subd. 10. [VENUE; AGGREGATION.] (a) A violation of this
section may be prosecuted in any jurisdiction where an offense
takes place. However, the prosecutorial agency in the
jurisdiction where the person last registered a primary address
is initially responsible to review the case for prosecution.
(b) When a person commits two or more offenses in two or
more counties, the accused may be prosecuted for all of the
offenses in any county in which one of the offenses was
committed.
Subd. 11. [CERTIFIED COPIES AS EVIDENCE.] Certified copies
of predatory offender registration records are admissible as
substantive evidence when necessary to prove the commission of a
violation of this section.
[EFFECTIVE DATE.] Except as otherwise provided, the
provisions of this section are effective the day following final
enactment and apply to persons subject to predatory offender
registration on or after that date. Subdivision 4, paragraph
(e), clause (3), is effective December 1, 2005. Subdivision 4b
is effective August 1, 2005, and applies to persons subject to
predatory offender registration on or after that date.
Subdivision 5a is effective August 1, 2005, and applies to
crimes committed on or after that date. Subdivision 6,
paragraph (c), is effective August 1, 2005, and applies to any
offense, revocation of probation, supervised release, or
conditional release that occurs on or after that date.
Subdivision 9 is effective July 1, 2005.
Sec. 9. Minnesota Statutes 2004, section 243.167, is
amended to read:
243.167 [REGISTRATION UNDER THE PREDATORY OFFENDER
REGISTRATION LAW FOR OTHER OFFENSES.]
Subdivision 1. [DEFINITION.] As used in this section,
"crime against the person" means a violation of any of the
following or a similar law of another state or of the United
States: section 609.165; 609.185; 609.19; 609.195; 609.20;
609.205; 609.221; 609.222; 609.223; 609.2231; 609.224,
subdivision 2 or 4; 609.2242, subdivision 2 or 4; 609.235;
609.245, subdivision 1; 609.25; 609.255; 609.3451, subdivision
2; 609.498, subdivision 1; 609.582, subdivision 1; or 617.23,
subdivision 2; or any felony-level violation of section 609.229;
609.377; 609.749; or 624.713.
Subd. 2. [WHEN REQUIRED.] (a) In addition to the
requirements of section 243.166, a person also shall register
under section 243.166 if:
(1) the person is convicted of a crime against the person;
and
(2) the person was previously convicted of or adjudicated
delinquent for an offense listed in section 243.166, subdivision
1, paragraph (a), but was not required to register for the
offense because the registration requirements of that section
did not apply to the person at the time the offense was
committed or at the time the person was released from
imprisonment.
(b) A person who was previously required to register under
section 243.166 in any state and who has completed the
registration requirements of that section state shall again
register under section 243.166 if the person commits a crime
against the person.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2004, section 244.05,
subdivision 6, is amended to read:
Subd. 6. [INTENSIVE SUPERVISED RELEASE.] The commissioner
may order that an inmate be placed on intensive supervised
release for all or part of the inmate's supervised release or
parole term if the commissioner determines that the action will
further the goals described in section 244.14, subdivision 1,
clauses (2), (3), and (4). In addition, the commissioner may
order that an inmate be placed on intensive supervised release
for all of the inmate's conditional or supervised release term
if the inmate was convicted of a sex offense under sections
section 609.342 to, 609.343, 609.344, 609.345, or 609.3453 or
was sentenced under the provisions of section 609.108. The
commissioner shall order that all level III predatory offenders
be placed on intensive supervised release for the entire
supervised release, conditional release, or parole term. The
commissioner may impose appropriate conditions of release on the
inmate including but not limited to unannounced searches of the
inmate's person, vehicle, or premises by an intensive
supervision agent; compliance with court-ordered restitution, if
any; random drug testing; house arrest; daily curfews; frequent
face-to-face contacts with an assigned intensive supervision
agent; work, education, or treatment requirements; and
electronic surveillance. In addition, any sex offender placed
on intensive supervised release may be ordered to participate in
an appropriate sex offender program as a condition of release.
If the inmate violates the conditions of the intensive
supervised release, the commissioner shall impose sanctions as
provided in subdivision 3 and section 609.108 609.3455.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 11. Minnesota Statutes 2004, section 244.05,
subdivision 7, is amended to read:
Subd. 7. [SEX OFFENDERS; CIVIL COMMITMENT DETERMINATION.]
(a) Before the commissioner releases from prison any inmate
convicted under sections section 609.342 to, 609.343, 609.344,
609.345, or 609.3453, or sentenced as a patterned offender under
section 609.108, and determined by the commissioner to be in a
high risk category, the commissioner shall make a preliminary
determination whether, in the commissioner's opinion, a petition
under section 253B.185 may be appropriate. The commissioner's
opinion must be based on a recommendation of a Department of
Corrections screening committee and a legal review and
recommendation from independent counsel knowledgeable in the
legal requirements of the civil commitment process. The
commissioner may retain a retired judge or other attorney to
serve as independent counsel.
(b) In making this decision, the commissioner shall have
access to the following data only for the purposes of the
assessment and referral decision:
(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;
(2) private and confidential court services data under
section 13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
(c) If the commissioner determines that a petition may be
appropriate, the commissioner shall forward this determination,
along with a summary of the reasons for the determination, to
the county attorney in the county where the inmate was convicted
no later than 12 months before the inmate's release date. If
the inmate is received for incarceration with fewer than 12
months remaining in the inmate's term of imprisonment, or if the
commissioner receives additional information less than 12 months
before release which that makes the inmate's case appropriate
for referral, the commissioner shall forward the determination
as soon as is practicable. Upon receiving the commissioner's
preliminary determination, the county attorney shall proceed in
the manner provided in section 253B.185. The commissioner shall
release to the county attorney all requested documentation
maintained by the department.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 12. Minnesota Statutes 2004, section 244.052,
subdivision 3, is amended to read:
Subd. 3. [END-OF-CONFINEMENT REVIEW COMMITTEE.] (a) The
commissioner of corrections shall establish and administer
end-of-confinement review committees at each state correctional
facility and at each state treatment facility where predatory
offenders are confined. The committees shall assess on a
case-by-case basis the public risk posed by predatory offenders
who are about to be released from confinement.
(b) Each committee shall be a standing committee and shall
consist of the following members appointed by the commissioner:
(1) the chief executive officer or head of the correctional
or treatment facility where the offender is currently confined,
or that person's designee;
(2) a law enforcement officer;
(3) a treatment professional who is trained in the
assessment of sex offenders;
(4) a caseworker experienced in supervising sex offenders;
and
(5) a victim's services professional.
Members of the committee, other than the facility's chief
executive officer or head, shall be appointed by the
commissioner to two-year terms. The chief executive officer or
head of the facility or designee shall act as chair of the
committee and shall use the facility's staff, as needed, to
administer the committee, obtain necessary information from
outside sources, and prepare risk assessment reports on
offenders.
(c) The committee shall have access to the following data
on a predatory offender only for the purposes of its assessment
and to defend the committee's risk assessment determination upon
administrative review under this section:
(1) private medical data under section 13.384 or 144.335,
or welfare data under section 13.46 that relate to medical
treatment of the offender;
(2) private and confidential court services data under
section 13.84;
(3) private and confidential corrections data under section
13.85; and
(4) private criminal history data under section 13.87.
Data collected and maintained by the committee under this
paragraph may not be disclosed outside the committee, except as
provided under section 13.05, subdivision 3 or 4. The predatory
offender has access to data on the offender collected and
maintained by the committee, unless the data are confidential
data received under this paragraph.
(d)(i) Except as otherwise provided in item items (ii),
(iii), and (iv), at least 90 days before a predatory offender is
to be released from confinement, the commissioner of corrections
shall convene the appropriate end-of-confinement review
committee for the purpose of assessing the risk presented by the
offender and determining the risk level to which the offender
shall be assigned under paragraph (e). The offender and the law
enforcement agency that was responsible for the charge resulting
in confinement shall be notified of the time and place of the
committee's meeting. The offender has a right to be present and
be heard at the meeting. The law enforcement agency may provide
material in writing that is relevant to the offender's risk
level to the chair of the committee. The committee shall use
the risk factors described in paragraph (g) and the risk
assessment scale developed under subdivision 2 to determine the
offender's risk assessment score and risk level. Offenders
scheduled for release from confinement shall be assessed by the
committee established at the facility from which the offender is
to be released.
(ii) If an offender is received for confinement in a
facility with less than 90 days remaining in the offender's term
of confinement, the offender's risk shall be assessed at the
first regularly scheduled end of confinement review committee
that convenes after the appropriate documentation for the risk
assessment is assembled by the committee. The commissioner
shall make reasonable efforts to ensure that offender's risk is
assessed and a risk level is assigned or reassigned at least 30
days before the offender's release date.
(iii) If the offender is subject to a mandatory life
sentence under section 609.3455, subdivision 3 or 4, the
commissioner of corrections shall convene the appropriate
end-of-confinement review committee at least nine months before
the offender's minimum term of imprisonment has been served. If
the offender is received for confinement in a facility with less
than nine months remaining before the offender's minimum term of
imprisonment has been served, the committee shall conform its
procedures to those outlined in item (ii) to the extent
practicable.
(iv) If the offender is granted supervised release, the
commissioner of corrections shall notify the appropriate
end-of-confinement review committee that it needs to review the
offender's previously determined risk level at its next
regularly scheduled meeting. The commissioner shall make
reasonable efforts to ensure that the offender's earlier risk
level determination is reviewed and the risk level is confirmed
or reassigned at least 60 days before the offender's release
date. The committee shall give the report to the offender and
to the law enforcement agency at least 60 days before an
offender is released from confinement.
(e) The committee shall assign to risk level I a predatory
offender whose risk assessment score indicates a low risk of
reoffense. The committee shall assign to risk level II an
offender whose risk assessment score indicates a moderate risk
of reoffense. The committee shall assign to risk level III an
offender whose risk assessment score indicates a high risk of
reoffense.
(f) Before the predatory offender is released from
confinement, the committee shall prepare a risk assessment
report which specifies the risk level to which the offender has
been assigned and the reasons underlying the committee's risk
assessment decision. Except for an offender subject to a
mandatory life sentence under section 609.3455, subdivision 3 or
4, who has not been granted supervised release, the committee
shall give the report to the offender and to the law enforcement
agency at least 60 days before an offender is released from
confinement. If the offender is subject to a mandatory life
sentence and has not yet served the entire minimum term of
imprisonment, the committee shall give the report to the
offender and to the commissioner at least six months before the
offender is first eligible for release. If the risk assessment
is performed under the circumstances described in paragraph (d),
item (ii), the report shall be given to the offender and the law
enforcement agency as soon as it is available. The committee
also shall inform the offender of the availability of review
under subdivision 6.
(g) As used in this subdivision, "risk factors" includes,
but is not limited to, the following factors:
(1) the seriousness of the offense should the offender
reoffend. This factor includes consideration of the following:
(i) the degree of likely force or harm;
(ii) the degree of likely physical contact; and
(iii) the age of the likely victim;
(2) the offender's prior offense history. This factor
includes consideration of the following:
(i) the relationship of prior victims to the offender;
(ii) the number of prior offenses or victims;
(iii) the duration of the offender's prior offense history;
(iv) the length of time since the offender's last prior
offense while the offender was at risk to commit offenses; and
(v) the offender's prior history of other antisocial acts;
(3) the offender's characteristics. This factor includes
consideration of the following:
(i) the offender's response to prior treatment efforts; and
(ii) the offender's history of substance abuse;
(4) the availability of community supports to the offender.
This factor includes consideration of the following:
(i) the availability and likelihood that the offender will
be involved in therapeutic treatment;
(ii) the availability of residential supports to the
offender, such as a stable and supervised living arrangement in
an appropriate location;
(iii) the offender's familial and social relationships,
including the nature and length of these relationships and the
level of support that the offender may receive from these
persons; and
(iv) the offender's lack of education or employment
stability;
(5) whether the offender has indicated or credible evidence
in the record indicates that the offender will reoffend if
released into the community; and
(6) whether the offender demonstrates a physical condition
that minimizes the risk of reoffense, including but not limited
to, advanced age or a debilitating illness or physical condition.
(h) Upon the request of the law enforcement agency or the
offender's corrections agent, the commissioner may reconvene the
end-of-confinement review committee for the purpose of
reassessing the risk level to which an offender has been
assigned under paragraph (e). In a request for a reassessment,
the law enforcement agency which was responsible for the charge
resulting in confinement or agent shall list the facts and
circumstances arising after the initial assignment or facts and
circumstances known to law enforcement or the agent but not
considered by the committee under paragraph (e) which support
the request for a reassessment. The request for reassessment by
the law enforcement agency must occur within 30 days of receipt
of the report indicating the offender's risk level assignment.
The offender's corrections agent, in consultation with the chief
law enforcement officer in the area where the offender resides
or intends to reside, may request a review of a risk level at
any time if substantial evidence exists that the offender's risk
level should be reviewed by an end-of-confinement review
committee. This evidence includes, but is not limited to,
evidence of treatment failures or completions, evidence of
exceptional crime-free community adjustment or lack of
appropriate adjustment, evidence of substantial community need
to know more about the offender or mitigating circumstances that
would narrow the proposed scope of notification, or other
practical situations articulated and based in evidence of the
offender's behavior while under supervision. Upon review of the
request, the end-of-confinement review committee may reassign an
offender to a different risk level. If the offender is
reassigned to a higher risk level, the offender has the right to
seek review of the committee's determination under subdivision 6.
(i) An offender may request the end-of-confinement review
committee to reassess the offender's assigned risk level after
three years have elapsed since the committee's initial risk
assessment and may renew the request once every two years
following subsequent denials. In a request for reassessment,
the offender shall list the facts and circumstances which
demonstrate that the offender no longer poses the same degree of
risk to the community. In order for a request for a risk level
reduction to be granted, the offender must demonstrate full
compliance with supervised release conditions, completion of
required post-release treatment programming, and full compliance
with all registration requirements as detailed in section
243.166. The offender must also not have been convicted of any
felony, gross misdemeanor, or misdemeanor offenses subsequent to
the assignment of the original risk level. The committee shall
follow the process outlined in paragraphs (a) to (c) in the
reassessment. An offender who is incarcerated may not request a
reassessment under this paragraph.
(j) Offenders returned to prison as release violators shall
not have a right to a subsequent risk reassessment by the
end-of-confinement review committee unless substantial evidence
indicates that the offender's risk to the public has increased.
(k) The commissioner shall establish an end-of-confinement
review committee to assign a risk level to offenders who are
released from a federal correctional facility in Minnesota or
another state and who intend to reside in Minnesota, and to
offenders accepted from another state under a reciprocal
agreement for parole supervision under the interstate compact
authorized by section 243.16. The committee shall make
reasonable efforts to conform to the same timelines as applied
to Minnesota cases. Offenders accepted from another state under
a reciprocal agreement for probation supervision are not
assigned a risk level, but are considered downward dispositional
departures. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a. The policies and procedures of
the committee for federal offenders and interstate compact cases
must be in accordance with all requirements as set forth in this
section, unless restrictions caused by the nature of federal or
interstate transfers prevents such conformance.
(l) If the committee assigns a predatory offender to risk
level III, the committee shall determine whether residency
restrictions shall be included in the conditions of the
offender's release based on the offender's pattern of offending
behavior.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
Sec. 13. Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:
Subd. 3a. [OFFENDERS FROM OTHER STATES AND OFFENDERS
RELEASED FROM FEDERAL FACILITIES.] (a) Except as provided in
paragraph (b), the commissioner shall establish an
end-of-confinement review committee to assign a risk level:
(1) to offenders who are released from a federal
correctional facility in Minnesota or a federal correctional
facility in another state and who intend to reside in Minnesota;
(2) to offenders who are accepted from another state under
the interstate compact authorized by section 243.16 or 243.1605
or any other authorized interstate agreement; and
(3) to offenders who are referred to the committee by local
law enforcement agencies under paragraph (f).
(b) This subdivision does not require the commissioner to
convene an end-of-confinement review committee for a person
coming into Minnesota who is subject to probation under another
state's law. The probation or court services officer and law
enforcement officer shall manage such cases in accordance with
section 244.10, subdivision 2a.
(c) The committee shall make reasonable efforts to conform
to the same timelines applied to offenders released from a
Minnesota correctional facility and shall collect all relevant
information and records on offenders assessed and assigned a
risk level under this subdivision. However, for offenders who
were assigned the most serious risk level by another state, the
committee must act promptly to collect the information required
under this paragraph.
The end-of-confinement review committee must proceed in
accordance with all requirements set forth in this section and
follow all policies and procedures applied to offenders released
from a Minnesota correctional facility in reviewing information
and assessing the risk level of offenders covered by this
subdivision, unless restrictions caused by the nature of federal
or interstate transfers prevent such conformance. All of the
provisions of this section apply to offenders who are assessed
and assigned a risk level under this subdivision.
(d) If a local law enforcement agency learns or suspects
that a person who is subject to this section is living in
Minnesota and a risk level has not been assigned to the person
under this section, the law enforcement agency shall provide
this information to the Bureau of Criminal Apprehension and the
commissioner of corrections within three business days.
(e) If the commissioner receives reliable information from
a local law enforcement agency or the bureau that a person
subject to this section is living in Minnesota and a local law
enforcement agency so requests, the commissioner must determine
if the person was assigned a risk level under a law comparable
to this section. If the commissioner determines that the law is
comparable and public safety warrants, the commissioner, within
three business days of receiving a request, shall notify the
local law enforcement agency that it may, in consultation with
the department, proceed with notification under subdivision 4
based on the person's out-of-state risk level. However, if the
commissioner concludes that the offender is from a state with a
risk level assessment law that is not comparable to this
section, the extent of the notification may not exceed that of a
risk level II offender under subdivision 4, paragraph (b),
unless the requirements of paragraph (f) have been met. If an
assessment is requested from the end-of-confinement review
committee under paragraph (f), the local law enforcement agency
may continue to disclose information under subdivision 4 until
the committee assigns the person a risk level. After the
committee assigns a risk level to an offender pursuant to a
request made under paragraph (f), the information disclosed by
law enforcement shall be consistent with the risk level assigned
by the end-of-confinement review committee. The commissioner of
corrections, in consultation with legal advisers, shall
determine whether the law of another state is comparable to this
section.
(f) If the local law enforcement agency wants to make a
broader disclosure than is authorized under paragraph (e), the
law enforcement agency may request that an end-of-confinement
review committee assign a risk level to the offender. The local
law enforcement agency shall provide to the committee all
information concerning the offender's criminal history, the risk
the offender poses to the community, and other relevant
information. The department shall attempt to obtain other
information relevant to determining which risk level to assign
the offender. The committee shall promptly assign a risk level
to an offender referred to the committee under this paragraph.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to persons subject to community notification on or
after that date.
Sec. 14. Minnesota Statutes 2004, section 244.052,
subdivision 4, is amended to read:
Subd. 4. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF
INFORMATION TO PUBLIC.] (a) The law enforcement agency in the
area where the predatory offender resides, expects to reside, is
employed, or is regularly found, shall disclose to the public
any information regarding the offender contained in the report
forwarded to the agency under subdivision 3, paragraph (f), that
is relevant and necessary to protect the public and to
counteract the offender's dangerousness, consistent with the
guidelines in paragraph (b). The extent of the information
disclosed and the community to whom disclosure is made must
relate to the level of danger posed by the offender, to the
offender's pattern of offending behavior, and to the need of
community members for information to enhance their individual
and collective safety.
(b) The law enforcement agency shall employ the following
guidelines in determining the scope of disclosure made under
this subdivision:
(1) if the offender is assigned to risk level I, the agency
may maintain information regarding the offender within the
agency and may disclose it to other law enforcement agencies.
Additionally, the agency may disclose the information to any
victims of or witnesses to the offense committed by the
offender. The agency shall disclose the information to victims
of the offense committed by the offender who have requested
disclosure and to adult members of the offender's immediate
household;
(2) if the offender is assigned to risk level II, the
agency also may disclose the information to agencies and groups
that the offender is likely to encounter for the purpose of
securing those institutions and protecting individuals in their
care while they are on or near the premises of the institution.
These agencies and groups include the staff members of public
and private educational institutions, day care establishments,
and establishments and organizations that primarily serve
individuals likely to be victimized by the offender. The agency
also may disclose the information to individuals the agency
believes are likely to be victimized by the offender. The
agency's belief shall be based on the offender's pattern of
offending or victim preference as documented in the information
provided by the department of corrections or human services;
(3) if the offender is assigned to risk level III, the
agency shall disclose the information to the persons and
entities described in clauses (1) and (2) and to other members
of the community whom the offender is likely to encounter,
unless the law enforcement agency determines that public safety
would be compromised by the disclosure or that a more limited
disclosure is necessary to protect the identity of the victim.
Notwithstanding the assignment of a predatory offender to
risk level II or III, a law enforcement agency may not make the
disclosures permitted or required by clause (2) or (3), if: the
offender is placed or resides in a residential facility.
However, if an offender is placed or resides in a residential
facility, the offender and the head of the facility shall
designate the offender's likely residence upon release from the
facility and the head of the facility shall notify the
commissioner of corrections or the commissioner of human
services of the offender's likely residence at least 14 days
before the offender's scheduled release date. The commissioner
shall give this information to the law enforcement agency having
jurisdiction over the offender's likely residence. The head of
the residential facility also shall notify the commissioner of
corrections or human services within 48 hours after finalizing
the offender's approved relocation plan to a permanent
residence. Within five days after receiving this notification,
the appropriate commissioner shall give to the appropriate law
enforcement agency all relevant information the commissioner has
concerning the offender, including information on the risk
factors in the offender's history and the risk level to which
the offender was assigned. After receiving this information,
the law enforcement agency shall make the disclosures permitted
or required by clause (2) or (3), as appropriate.
(c) As used in paragraph (b), clauses (2) and (3), "likely
to encounter" means that:
(1) the organizations or community members are in a
location or in close proximity to a location where the offender
lives or is employed, or which the offender visits or is likely
to visit on a regular basis, other than the location of the
offender's outpatient treatment program; and
(2) the types of interaction which ordinarily occur at that
location and other circumstances indicate that contact with the
offender is reasonably certain.
(d) A law enforcement agency or official who discloses
information under this subdivision shall make a good faith
effort to make the notification within 14 days of receipt of a
confirmed address from the Department of Corrections indicating
that the offender will be, or has been, released from
confinement, or accepted for supervision, or has moved to a new
address and will reside at the address indicated. If a change
occurs in the release plan, this notification provision does not
require an extension of the release date.
(e) A law enforcement agency or official who discloses
information under this subdivision shall not disclose the
identity or any identifying characteristics of the victims of or
witnesses to the offender's offenses.
(f) A law enforcement agency shall continue to disclose
information on an offender as required by this subdivision for
as long as the offender is required to register under section
243.166. This requirement on a law enforcement agency to
continue to disclose information also applies to an offender who
lacks a primary address and is registering under section
243.166, subdivision 3a.
(g) A law enforcement agency that is disclosing information
on an offender assigned to risk level III to the public under
this subdivision shall inform the commissioner of corrections
what information is being disclosed and forward this information
to the commissioner within two days of the agency's
determination. The commissioner shall post this information on
the Internet as required in subdivision 4b.
(h) A city council may adopt a policy that addresses when
information disclosed under this subdivision must be presented
in languages in addition to English. The policy may address
when information must be presented orally, in writing, or both
in additional languages by the law enforcement agency disclosing
the information. The policy may provide for different
approaches based on the prevalence of non-English languages in
different neighborhoods.
(i) An offender who is the subject of a community
notification meeting held pursuant to this section may not
attend the meeting.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to persons subject to
community notification on or after that date.
Sec. 15. Minnesota Statutes 2004, section 244.052, is
amended by adding a subdivision to read:
Subd. 4c. [LAW ENFORCEMENT AGENCY; DISCLOSURE OF
INFORMATION TO A HEALTH CARE FACILITY.] (a) The law enforcement
agency in the area where a health care facility is located shall
disclose the registrant status of any predatory offender
registered under section 243.166 to the health care facility if
the registered offender is receiving inpatient care in that
facility.
(b) As used in this section, "health care facility" means a
hospital or other entity licensed under sections 144.50 to
144.58, a nursing home licensed to serve adults under section
144A.02, or a group residential housing facility or an
intermediate care facility for the mentally retarded licensed
under chapter 245A.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. [244.056] [PREDATORY OFFENDER SEEKING HOUSING IN
JURISDICTION OF DIFFERENT CORRECTIONS AGENCY.]
If a corrections agency supervising an offender who is
required to register as a predatory offender under section
243.166 and who is classified by the department as a public risk
monitoring case has knowledge that the offender is seeking
housing arrangements in a location under the jurisdiction of
another corrections agency, the agency shall notify the other
agency of this and initiate a supervision transfer request.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 17. [244.057] [PLACEMENT OF PREDATORY OFFENDER IN
HOUSEHOLD WITH CHILDREN.]
A corrections agency supervising an offender required to
register as a predatory offender under section 243.166 shall
notify the appropriate child protection agency before
authorizing the offender to live in a household where children
are residing.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 18. Minnesota Statutes 2004, section 244.10,
subdivision 2a, is amended to read:
Subd. 2a. [NOTICE OF INFORMATION REGARDING PREDATORY
OFFENDERS.] (a) Subject to paragraph (b), in any case in which a
person is convicted of an offense and the presumptive sentence
under the Sentencing Guidelines is commitment to the custody of
the commissioner of corrections, if the court grants a
dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is
assigned to supervise the offender shall provide in writing to
the following the fact that the offender is on probation and the
terms and conditions of probation:
(1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and
(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.
The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender. The law enforcement officer, in
consultation with the offender's probation officer, also may
disclose the information to individuals the officer believes are
likely to be victimized by the offender. The officer's belief
shall be based on the offender's pattern of offending or victim
preference as documented in the information provided by the
Department of Corrections or Department of Human Services.
The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 245A.02, subdivision 14, or 241.021, if the facility
staff is trained in the supervision of sex offenders.
(b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.
(c) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.
(d) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to offenders entering the state, released from
confinement, subject to community notification, or sentenced on
or after that date.
Sec. 19. Minnesota Statutes 2004, section 253B.18,
subdivision 5, is amended to read:
Subd. 5. [PETITION; NOTICE OF HEARING; ATTENDANCE; ORDER.]
(a) A petition for an order of transfer, discharge, provisional
discharge, or revocation of provisional discharge shall be filed
with the commissioner and may be filed by the patient or by the
head of the treatment facility. A patient may not petition the
special review board for six months following commitment under
subdivision 3 or following the final disposition of any previous
petition and subsequent appeal by the patient. The medical
director may petition at any time.
(b) Fourteen days prior to the hearing, the committing
court, the county attorney of the county of commitment, the
designated agency, interested person, the petitioner, and the
petitioner's counsel shall be given written notice by the
commissioner of the time and place of the hearing before the
special review board. Only those entitled to statutory notice
of the hearing or those administratively required to attend may
be present at the hearing. The patient may designate interested
persons to receive notice by providing the names and addresses
to the commissioner at least 21 days before the hearing. The
board shall provide the commissioner with written findings of
fact and recommendations within 21 days of the hearing. The
commissioner shall issue an order no later than 14 days after
receiving the recommendation of the special review board. A
copy of the order shall be sent by certified mail to every
person entitled to statutory notice of the hearing within five
days after it is signed. No order by the commissioner shall be
effective sooner than 30 days after the order is signed, unless
the county attorney, the patient, and the commissioner agree
that it may become effective sooner.
(c) The special review board shall hold a hearing on each
petition prior to making its recommendation to the
commissioner. The special review board proceedings are not
contested cases as defined in chapter 14. Any person or agency
receiving notice that submits documentary evidence to the
special review board prior to the hearing shall also provide
copies to the patient, the patient's counsel, the county
attorney of the county of commitment, the case manager, and the
commissioner.
(d) Prior to the final decision by the commissioner, the
special review board may be reconvened to consider events or
circumstances that occurred subsequent to the hearing.
(e) In making their recommendations and order, the special
review board and commissioner must consider any statements
received from victims under subdivision 5a.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 20. Minnesota Statutes 2004, section 253B.18, is
amended by adding a subdivision to read:
Subd. 5a. [VICTIM NOTIFICATION OF PETITION AND RELEASE;
RIGHT TO SUBMIT STATEMENT.] (a) As used in this subdivision:
(1) "crime" has the meaning given to "violent crime" in
section 609.1095, and includes criminal sexual conduct in the
fifth degree and offenses within the definition of "crime
against the person" in section 253B.02, subdivision 4a, and also
includes offenses listed in section 253B.02, subdivision 7a,
paragraph (b), regardless of whether they are sexually
motivated;
(2) "victim" means a person who has incurred loss or harm
as a result of a crime the behavior for which forms the basis
for a commitment under this section or section 253B.185; and
(3) "convicted" and "conviction" have the meanings given in
section 609.02, subdivision 5, and also include juvenile court
adjudications, findings under Minnesota Rules of Criminal
Procedure, Rule 20.02, that the elements of a crime have been
proved, and findings in commitment cases under this section or
section 253B.185 that an act or acts constituting a crime
occurred.
(b) A county attorney who files a petition to commit a
person under this section or section 253B.185 shall make a
reasonable effort to provide prompt notice of filing the
petition to any victim of a crime for which the person was
convicted. In addition, the county attorney shall make a
reasonable effort to promptly notify the victim of the
resolution of the petition.
(c) Before provisionally discharging, discharging, granting
pass-eligible status, approving a pass plan, or otherwise
permanently or temporarily releasing a person committed under
this section or section 253B.185 from a treatment facility, the
head of the treatment facility shall make a reasonable effort to
notify any victim of a crime for which the person was convicted
that the person may be discharged or released and that the
victim has a right to submit a written statement regarding
decisions of the medical director, special review board, or
commissioner with respect to the person. To the extent
possible, the notice must be provided at least 14 days before
any special review board hearing or before a determination on a
pass plan.
(d) This subdivision applies only to victims who have
requested notification by contacting, in writing, the county
attorney in the county where the conviction for the crime
occurred. A county attorney who receives a request for
notification under this paragraph shall promptly forward the
request to the commissioner of human services.
(e) The rights under this subdivision are in addition to
rights available to a victim under chapter 611A. This provision
does not give a victim all the rights of a "notified person" or
a person "entitled to statutory notice" under subdivision 4a,
4b, or 5.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 21. Minnesota Statutes 2004, section 609.108,
subdivision 7, is amended to read:
Subd. 7. [COMMISSIONER OF CORRECTIONS.] The commissioner
shall develop a plan to pay the cost of treatment of a person
released under subdivision 6. The plan may include co-payments
from offenders, third-party payers, local agencies, or other
funding sources as they are identified. This section does not
require the commissioner to accept or retain an offender in a
treatment program.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 22. Minnesota Statutes 2004, section 609.109,
subdivision 7, is amended to read:
Subd. 7. [CONDITIONAL RELEASE OF SEX OFFENDERS.] (a)
Notwithstanding the statutory maximum sentence otherwise
applicable to the offense or any provision of the Sentencing
Guidelines, when a court sentences a person to prison for a
violation of section 609.342, 609.343, 609.344, or 609.345, the
court shall provide that after the person has completed the
sentence imposed, the commissioner of corrections shall place
the person on conditional release. If the person was convicted
for a violation of section 609.342, 609.343, 609.344, or
609.345, the person shall be placed on conditional release for
five years, minus the time the person served on supervised
release. If the person was convicted for a violation of one of
those sections after a previous sex offense conviction as
defined in subdivision 5, or sentenced under subdivision 6 to a
mandatory departure, the person shall be placed on conditional
release for ten years, minus the time the person served on
supervised release.
(b) The conditions of release may include successful
completion of treatment and aftercare in a program approved by
the commissioner, satisfaction of the release conditions
specified in section 244.05, subdivision 6, and any other
conditions the commissioner considers appropriate. If the
offender fails to meet any condition of release, the
commissioner may revoke the offender's conditional release and
order that the offender serve the remaining portion of the
conditional release term in prison. The commissioner shall not
dismiss the offender from supervision before the conditional
release term expires.
Conditional release under this subdivision is governed by
provisions relating to supervised release, except as otherwise
provided in this subdivision, section 244.04, subdivision 1, or
244.05.
(c) The commissioner shall develop a plan to pay the cost
of treatment of a person released under this subdivision. The
plan may include co-payments from offenders, third-party payers,
local agencies, and other funding sources as they are
identified. This section does not require the commissioner to
accept or retain an offender in a treatment program.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 23. Minnesota Statutes 2004, section 609.3452,
subdivision 1, is amended to read:
Subdivision 1. [ASSESSMENT REQUIRED.] When a person is
convicted of a sex offense, the court shall order an independent
professional assessment of the offender's need for sex offender
treatment to be completed before sentencing. The court may
waive the assessment if: (1) the Sentencing Guidelines provide
a presumptive prison sentence for the offender, or (2) an
adequate assessment was conducted prior to the conviction. An
assessor providing an assessment for the court must be
experienced in the evaluation and treatment of sex offenders.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 24. [609.3456] [USE OF POLYGRAPHS FOR SEX OFFENDERS
ON PROBATION OR CONDITIONAL RELEASE.]
(a) A court may order as an intermediate sanction under
section 609.135 and the commissioner of corrections may order as
a condition of release under section 244.05 or 609.3455 that an
offender under supervision for a sex offense submit to
polygraphic examinations to ensure compliance with the terms of
probation or conditions of release.
(b) The court or commissioner may order the offender to pay
all or a portion of the costs of the examinations. The fee may
be waived if the offender is indigent or if payment would result
in an economic hardship to the offender's immediate family.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 25. Minnesota Statutes 2004, section 626.556,
subdivision 3, is amended to read:
Subd. 3. [PERSONS MANDATED TO REPORT.] (a) A person who
knows or has reason to believe a child is being neglected or
physically or sexually abused, as defined in subdivision 2, or
has been neglected or physically or sexually abused within the
preceding three years, shall immediately report the information
to the local welfare agency, agency responsible for assessing or
investigating the report, police department, or the county
sheriff if the person is:
(1) a professional or professional's delegate who is
engaged in the practice of the healing arts, social services,
hospital administration, psychological or psychiatric treatment,
child care, education, correctional supervision, or law
enforcement; or
(2) employed as a member of the clergy and received the
information while engaged in ministerial duties, provided that a
member of the clergy is not required by this subdivision to
report information that is otherwise privileged under section
595.02, subdivision 1, paragraph (c).
The police department or the county sheriff, upon receiving
a report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency, or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing. The
county sheriff and the head of every local welfare agency,
agency responsible for assessing or investigating reports, and
police department shall each designate a person within their
agency, department, or office who is responsible for ensuring
that the notification duties of this paragraph and paragraph (b)
are carried out. Nothing in this subdivision shall be construed
to require more than one report from any institution, facility,
school, or agency.
(b) Any person may voluntarily report to the local welfare
agency, agency responsible for assessing or investigating the
report, police department, or the county sheriff if the person
knows, has reason to believe, or suspects a child is being or
has been neglected or subjected to physical or sexual abuse.
The police department or the county sheriff, upon receiving a
report, shall immediately notify the local welfare agency or
agency responsible for assessing or investigating the report,
orally and in writing. The local welfare agency or agency
responsible for assessing or investigating the report, upon
receiving a report, shall immediately notify the local police
department or the county sheriff orally and in writing.
(c) A person mandated to report physical or sexual child
abuse or neglect occurring within a licensed facility shall
report the information to the agency responsible for licensing
the facility under sections 144.50 to 144.58; 241.021; 245A.01
to 245A.16; or chapter 245B; or a nonlicensed personal care
provider organization as defined in sections 256B.04,
subdivision 16; and 256B.0625, subdivision 19. A health or
corrections agency receiving a report may request the local
welfare agency to provide assistance pursuant to subdivisions
10, 10a, and 10b. A board or other entity whose licensees
perform work within a school facility, upon receiving a
complaint of alleged maltreatment, shall provide information
about the circumstances of the alleged maltreatment to the
commissioner of education. Section 13.03, subdivision 4,
applies to data received by the commissioner of education from a
licensing entity.
(d) Any person mandated to report shall receive a summary
of the disposition of any report made by that reporter,
including whether the case has been opened for child protection
or other services, or if a referral has been made to a community
organization, unless release would be detrimental to the best
interests of the child. Any person who is not mandated to
report shall, upon request to the local welfare agency, receive
a concise summary of the disposition of any report made by that
reporter, unless release would be detrimental to the best
interests of the child.
(e) For purposes of this subdivision, "immediately" means
as soon as possible but in no event longer than 24 hours.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 26. [PROTOCOL ON USE OF POLYGRAPHS.]
By September 1, 2005, the state court administrator, in
consultation with the Conference of Chief Judges, is requested
to develop a protocol for the use of polygraphic examinations
for sex offenders placed on probation under Minnesota Statutes,
section 609.3456. This protocol shall be distributed to judges
across the state.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 27. [SUPREME COURT STUDY ON SEXUALLY DANGEROUS PERSON
AND SEXUAL PSYCHOPATHIC PERSONALITY CIVIL COMMITMENTS.]
Subdivision 1. [ESTABLISHMENT.] The Supreme Court is
requested to study the following related to the civil commitment
of sexually dangerous persons and sexual psychopathic
personalities under Minnesota Statutes, section 253B.185:
(1) the development and use of a statewide panel of defense
attorneys to represent those persons after a commitment petition
is filed; and
(2) the development and use of a statewide panel of judges
to hear these petitions.
Subd. 2. [REPORT.] The Supreme Court shall report its
findings and recommendations to the chairs and ranking minority
members of the house of representatives and senate committees
and divisions having jurisdiction over criminal justice and
civil law policy and funding by February 1, 2006.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 28. [WORKING GROUP ON SEX OFFENDER MANAGEMENT.]
Subdivision 1. [WORKING GROUP ESTABLISHED.] The
commissioner of corrections shall convene a working group of
individuals knowledgeable in the supervision and treatment of
sex offenders. The group must include individuals from both
inside and outside of the Department of Corrections. The
commissioner shall ensure broad representation in the group,
including representatives from all three probation systems and
from diverse parts of the state. The working group shall study
and make recommendations on the issues listed in this section.
To the degree feasible, the group shall consider how these
issues are addressed in other states.
Subd. 2. [ISSUES TO BE STUDIED.] The working group shall
review and make recommendations on:
(1) statewide standards regarding the minimum frequency of
in-person contacts between sex offenders and their correctional
agents, including, but not limited to, home visits;
(2) a model set of special conditions of sex offender
supervision that can be used by courts and corrections agencies
throughout Minnesota;
(3) statewide standards regarding the documentation by
correctional agents of their supervision activities;
(4) standards to provide corrections agencies with guidance
regarding sex offender assessment practices;
(5) policies that encourage sentencing conditions and
prison release plans to clearly distinguish between sex offender
treatment programs and other types of programs and services and
to clearly specify which type of program the offender is
required to complete;
(6) ways to improve the Department of Corrections' prison
release planning practices for sex offenders, including sex
offenders with chemical dependency needs or mental health needs;
(7) methods and timetables for periodic external reviews of
sex offender supervision practices;
(8) statewide standards for the use of polygraphs by
corrections agencies and sex offender treatment programs;
(9) statewide standards specifying basic program elements
for community-based sex offender treatment programs, including,
but not limited to, staff qualifications, case planning, use of
polygraphs, and progress reports prepared for supervising
agencies;
(10) a statewide protocol on the sharing of sex offender
information between corrections agencies and child protection
agencies in situations where offenders are placed in households
where children reside;
(11) best practices for supervising sex offenders such as
intensive supervised release, specialized caseloads, and other
innovative methods, ideal caseload sizes for supervising agents,
and methods to implement this in a manner that does not
negatively impact the supervision of other types of offenders;
and
(12) any other issues related to sex offender treatment and
management that the working group deems appropriate.
Subd. 3. [REVIEW OF NEW LAWS.] The working group shall
also review the provisions of any laws enacted in 2005 relating
to sex offender supervision and treatment. The group shall make
recommendations on whether any changes to these provisions
should be considered by the legislature.
Subd. 4. [REPORTS.] By February 15, 2006, the working
group shall submit a progress report and by February 15, 2007,
the working group shall submit its recommendations to the chairs
and ranking minority members of the senate and house committees
having jurisdiction over criminal justice policy.
Subd. 5. [POLICIES REQUIRED.] After considering the
recommendations of the working group, the commissioner of
corrections may implement policies and standards relating to the
issues described in subdivision 2 over which the commissioner
has jurisdiction.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 29. [PRISON-BASED SEX OFFENDER TREATMENT PROGRAMS;
REPORT.]
By February 15, 2006, the commissioner of corrections shall
report to the chairs and ranking minority members of the senate
and house committees having jurisdiction over criminal justice
policy on prison-based sex offender treatment programs. The
report must:
(1) examine options for increasing the number of inmates
participating in these programs;
(2) examine funding for these programs;
(3) examine options for treating inmates who have limited
periods of time remaining in their terms of imprisonment;
(4) examine the merits and limitations of extending an
inmate's term of imprisonment for refusing to participate in
treatment; and
(5) examine any other related issues deemed relevant by the
commissioner.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 30. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall change all references to
Minnesota Statutes, section 243.166, subdivision 1, in Minnesota
Statutes to section 243.166. In addition, the revisor shall
make other technical changes necessitated by this article.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 31. [REPEALER.]
Minnesota Statutes 2004, section 243.166, subdivisions 1
and 8, are repealed.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
ARTICLE 4
SEX OFFENDERS:
TECHNICAL AND CONFORMING CHANGES
Section 1. Minnesota Statutes 2004, section 13.871,
subdivision 5, is amended to read:
Subd. 5. [CRIME VICTIMS.] (a) [CRIME VICTIM NOTICE OF
RELEASE.] Data on crime victims who request notice of an
offender's release are classified under section 611A.06.
(b) [SEX OFFENDER HIV TESTS.] Results of HIV tests of sex
offenders under section 611A.19, subdivision 2, are classified
under that section.
(c) [BATTERED WOMEN.] Data on battered women maintained by
grantees for emergency shelter and support services for battered
women are governed by section 611A.32, subdivision 5.
(d) [VICTIMS OF DOMESTIC ABUSE.] Data on battered women and
victims of domestic abuse maintained by grantees and recipients
of per diem payments for emergency shelter for battered women
and support services for battered women and victims of domestic
abuse are governed by sections 611A.32, subdivision 5, and
611A.371, subdivision 3.
(e) [PERSONAL HISTORY; INTERNAL AUDITING.] Certain personal
history and internal auditing data is classified by section
611A.46.
(f) [CRIME VICTIM CLAIMS FOR REPARATIONS.] Claims and
supporting documents filed by crime victims seeking reparations
are classified under section 611A.57, subdivision 6.
(g) [CRIME VICTIM OVERSIGHT ACT.] Data maintained by the
commissioner of public safety under the Crime Victim Oversight
Act are classified under section 611A.74, subdivision 2.
(h) [VICTIM IDENTITY DATA.] Data relating to the identity
of the victims of certain criminal sexual conduct is governed by
section 609.3471.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 14.03,
subdivision 3, is amended to read:
Subd. 3. [RULEMAKING PROCEDURES.] (a) The definition of a
rule in section 14.02, subdivision 4, does not include:
(1) rules concerning only the internal management of the
agency or other agencies that do not directly affect the rights
of or procedures available to the public;
(2) an application deadline on a form; and the remainder of
a form and instructions for use of the form to the extent that
they do not impose substantive requirements other than
requirements contained in statute or rule;
(3) the curriculum adopted by an agency to implement a
statute or rule permitting or mandating minimum educational
requirements for persons regulated by an agency, provided the
topic areas to be covered by the minimum educational
requirements are specified in statute or rule;
(4) procedures for sharing data among government agencies,
provided these procedures are consistent with chapter 13 and
other law governing data practices.
(b) The definition of a rule in section 14.02, subdivision
4, does not include:
(1) rules of the commissioner of corrections relating to
the release, placement, term, and supervision of inmates serving
a supervised release or conditional release term, the internal
management of institutions under the commissioner's control, and
rules adopted under section 609.105 governing the inmates of
those institutions;
(2) rules relating to weight limitations on the use of
highways when the substance of the rules is indicated to the
public by means of signs;
(3) opinions of the attorney general;
(4) the data element dictionary and the annual data
acquisition calendar of the Department of Education to the
extent provided by section 125B.07;
(5) the occupational safety and health standards provided
in section 182.655;
(6) revenue notices and tax information bulletins of the
commissioner of revenue;
(7) uniform conveyancing forms adopted by the commissioner
of commerce under section 507.09; or
(8) the interpretive guidelines developed by the
commissioner of human services to the extent provided in chapter
245A.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 3. Minnesota Statutes 2004, section 609.109,
subdivision 2, is amended to read:
Subd. 2. [PRESUMPTIVE EXECUTED SENTENCE.] Except as
provided in subdivision 3 or 4, if a person is convicted under
sections 609.342 to 609.345 609.3453, within 15 years of a
previous sex offense conviction, the court shall commit the
defendant to the commissioner of corrections for not less than
three years, nor more than the maximum sentence provided by law
for the offense for which convicted, notwithstanding the
provisions of sections 242.19, 243.05, 609.11, 609.12, and
609.135. The court may stay the execution of the sentence
imposed under this subdivision only if it finds that a
professional assessment indicates the offender is accepted by
and can respond to treatment at a long-term inpatient program
exclusively treating sex offenders and approved by the
commissioner of corrections. If the court stays the execution
of a sentence, it shall include the following as conditions of
probation:
(1) incarceration in a local jail or workhouse; and
(2) a requirement that the offender successfully complete
the treatment program and aftercare as directed by the court.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 4. Minnesota Statutes 2004, section 609.109,
subdivision 5, is amended to read:
Subd. 5. [PREVIOUS SEX OFFENSE CONVICTIONS.] For the
purposes of this section, a conviction is considered a previous
sex offense conviction if the person was convicted of a sex
offense before the commission of the present offense of
conviction. A person has two previous sex offense convictions
only if the person was convicted and sentenced for a sex offense
committed after the person was earlier convicted and sentenced
for a sex offense, both convictions preceded the commission of
the present offense of conviction, and 15 years have not elapsed
since the person was discharged from the sentence imposed for
the second conviction. A "sex offense" is a violation of
sections 609.342 to 609.345 609.3453 or any similar statute of
the United States, this state, or any other state.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 5. Minnesota Statutes 2004, section 609.1351, is
amended to read:
609.1351 [PETITION FOR CIVIL COMMITMENT.]
When a court sentences a person under section 609.108,
609.342, 609.343, 609.344, or 609.345, or 609.3453, the court
shall make a preliminary determination whether in the court's
opinion a petition under section 253B.185 may be appropriate and
include the determination as part of the sentencing order. If
the court determines that a petition may be appropriate, the
court shall forward its preliminary determination along with
supporting documentation to the county attorney.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 6. Minnesota Statutes 2004, section 609.347, is
amended to read:
609.347 [EVIDENCE IN CRIMINAL SEXUAL CONDUCT CASES.]
Subdivision 1. In a prosecution under sections 609.109 or,
609.342 to 609.3451, or 609.3453, the testimony of a victim need
not be corroborated.
Subd. 2. In a prosecution under sections 609.109 or,
609.342 to 609.3451, or 609.3453, there is no need to show that
the victim resisted the accused.
Subd. 3. In a prosecution under sections 609.109, 609.342
to 609.3451, 609.3453, or 609.365, evidence of the victim's
previous sexual conduct shall not be admitted nor shall any
reference to such conduct be made in the presence of the jury,
except by court order under the procedure provided in
subdivision 4. The evidence can be admitted only if the
probative value of the evidence is not substantially outweighed
by its inflammatory or prejudicial nature and only in the
circumstances set out in paragraphs (a) and (b). For the
evidence to be admissible under paragraph (a), subsection (i),
the judge must find by a preponderance of the evidence that the
facts set out in the accused's offer of proof are true. For the
evidence to be admissible under paragraph (a), subsection (ii)
or paragraph (b), the judge must find that the evidence is
sufficient to support a finding that the facts set out in the
accused's offer of proof are true, as provided under Rule 901 of
the Rules of Evidence.
(a) When consent of the victim is a defense in the case,
the following evidence is admissible:
(i) evidence of the victim's previous sexual conduct
tending to establish a common scheme or plan of similar sexual
conduct under circumstances similar to the case at issue. In
order to find a common scheme or plan, the judge must find that
the victim made prior allegations of sexual assault which were
fabricated; and
(ii) evidence of the victim's previous sexual conduct with
the accused.
(b) When the prosecution's case includes evidence of semen,
pregnancy, or disease at the time of the incident or, in the
case of pregnancy, between the time of the incident and trial,
evidence of specific instances of the victim's previous sexual
conduct is admissible solely to show the source of the semen,
pregnancy, or disease.
Subd. 4. The accused may not offer evidence described in
subdivision 3 except pursuant to the following procedure:
(a) A motion shall be made by the accused at least three
business days prior to trial, unless later for good cause shown,
setting out with particularity the offer of proof of the
evidence that the accused intends to offer, relative to the
previous sexual conduct of the victim;
(b) If the court deems the offer of proof sufficient, the
court shall order a hearing out of the presence of the jury, if
any, and in such hearing shall allow the accused to make a full
presentation of the offer of proof;
(c) At the conclusion of the hearing, if the court finds
that the evidence proposed to be offered by the accused
regarding the previous sexual conduct of the victim is
admissible under subdivision 3 and that its probative value is
not substantially outweighed by its inflammatory or prejudicial
nature, the court shall make an order stating the extent to
which evidence is admissible. The accused may then offer
evidence pursuant to the order of the court;
(d) If new information is discovered after the date of the
hearing or during the course of trial, which may make evidence
described in subdivision 3 admissible, the accused may make an
offer of proof pursuant to clause (a) and the court shall order
an in camera hearing to determine whether the proposed evidence
is admissible by the standards herein.
Subd. 5. In a prosecution under sections 609.109 or,
609.342 to 609.3451, or 609.3453, the court shall not instruct
the jury to the effect that:
(a) It may be inferred that a victim who has previously
consented to sexual intercourse with persons other than the
accused would be therefore more likely to consent to sexual
intercourse again; or
(b) The victim's previous or subsequent sexual conduct in
and of itself may be considered in determining the credibility
of the victim; or
(c) Criminal sexual conduct is a crime easily charged by a
victim but very difficult to disprove by an accused because of
the heinous nature of the crime; or
(d) The jury should scrutinize the testimony of the victim
any more closely than it should scrutinize the testimony of any
witness in any felony prosecution.
Subd. 6. (a) In a prosecution under sections 609.109 or,
609.342 to 609.3451, or 609.3453, involving a psychotherapist
and patient, evidence of the patient's personal or medical
history is not admissible except when:
(1) the accused requests a hearing at least three business
days prior to trial and makes an offer of proof of the relevancy
of the history; and
(2) the court finds that the history is relevant and that
the probative value of the history outweighs its prejudicial
value.
(b) The court shall allow the admission only of specific
information or examples of conduct of the victim that are
determined by the court to be relevant. The court's order shall
detail the information or conduct that is admissible and no
other evidence of the history may be introduced.
(c) Violation of the terms of the order is grounds for
mistrial but does not prevent the retrial of the accused.
Subd. 7. [EFFECT OF STATUTE ON RULES.] Rule 412 of the
Rules of Evidence is superseded to the extent of its conflict
with this section.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2004, section 609.3471, is
amended to read:
609.3471 [RECORDS PERTAINING TO VICTIM IDENTITY
CONFIDENTIAL.]
Notwithstanding any provision of law to the contrary, no
data contained in records or reports relating to petitions,
complaints, or indictments issued pursuant to section 609.342;,
609.343;, 609.344; or, 609.345, or 609.3453, which
specifically identifies a victim who is a minor shall be
accessible to the public, except by order of the court. Nothing
in this section authorizes denial of access to any other data
contained in the records or reports, including the identity of
the defendant.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2004, section 609.348, is
amended to read:
609.348 [MEDICAL PURPOSES; EXCLUSION.]
Sections 609.109 and, 609.342 to 609.3451, and 609.3453 do
not apply to sexual penetration or sexual contact when done for
a bona fide medical purpose.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2004, section 609.353, is
amended to read:
609.353 [JURISDICTION.]
A violation or attempted violation of section 609.342,
609.343, 609.344, 609.345, 609.3451, 609.3453, or 609.352 may be
prosecuted in any jurisdiction in which the violation originates
or terminates.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2004, section 631.045, is
amended to read:
631.045 [EXCLUDING SPECTATORS FROM THE COURTROOM.]
At the trial of a complaint or indictment for a violation
of sections 609.109, 609.341 to 609.3451, 609.3453, or 617.246,
subdivision 2, when a minor under 18 years of age is the person
upon, with, or against whom the crime is alleged to have been
committed, the judge may exclude the public from the courtroom
during the victim's testimony or during all or part of the
remainder of the trial upon a showing that closure is necessary
to protect a witness or ensure fairness in the trial. The judge
shall give the prosecutor, defendant and members of the public
the opportunity to object to the closure before a closure order.
The judge shall specify the reasons for closure in an order
closing all or part of the trial. Upon closure the judge shall
only admit persons who have a direct interest in the case.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 11. [REVISOR INSTRUCTION.]
(a) The revisor of statutes shall renumber Minnesota
Statutes, section 609.3452, as Minnesota Statutes, section
609.3457, and correct cross-references. In addition, the
revisor shall delete the reference in Minnesota Statutes,
section 13.871, subdivision 3, paragraph (d), to Minnesota
Statutes, section 609.3452, and insert a reference to Minnesota
Statutes, section 609.3457. The revisor shall include a
notation in Minnesota Statutes to inform readers of the statutes
of the renumbering of Minnesota Statutes, section 609.3457.
(b) In addition to the specific changes described in
paragraph (a), the revisor of statutes shall make other
technical changes necessitated by this act.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
ARTICLE 5
HUMAN SERVICES ACCESS TO PREDATORY OFFENDER REGISTRY
Section 1. Minnesota Statutes 2004, section 243.166,
subdivision 7, is amended to read:
Subd. 7. [USE OF INFORMATION DATA.] Except as otherwise
provided in subdivision 7a or sections 244.052 and 299C.093, the
information data provided under this section is private data on
individuals under section 13.02, subdivision 12. The
information data may be used only for law enforcement and
corrections purposes. State-operated services, as defined in
section 246.014, are also authorized to have access to the data
for the purposes described in section 246.13, subdivision 2,
paragraph (c).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 246.13, is
amended to read:
246.13 [RECORD RECORDS OF PATIENTS AND RESIDENTS
IN RECEIVING STATE-OPERATED SERVICES.]
Subdivision 1. [POWERS, DUTIES, AND AUTHORITY OF
COMMISSIONER.] (a) The commissioner of human services' office
shall have, accessible only by consent of the commissioner or on
the order of a judge or court of record, a record showing the
residence, sex, age, nativity, occupation, civil condition, and
date of entrance or commitment of every person, in the
state-operated services facilities as defined under section
246.014 under exclusive control of the commissioner; the date of
discharge and whether such discharge was final; the condition of
the person when the person left the state-operated services
facility; the vulnerable adult abuse prevention associated with
the person; and the date and cause of all deaths. The record
shall state every transfer from one state-operated services
facility to another, naming each state-operated services
facility. This information shall be furnished to the
commissioner of human services by each public agency, along with
other obtainable facts as the commissioner may require. When a
patient or resident in a state-operated services facility is
discharged, transferred, or dies, the head of the state-operated
services facility or designee shall inform the commissioner of
human services of these events within ten days on forms
furnished by the commissioner.
(b) The commissioner of human services shall cause to be
devised, installed, and operated an adequate system of records
and statistics which shall consist of all basic record forms,
including patient personal records and medical record forms, and
the manner of their use shall be precisely uniform throughout
all state-operated services facilities.
Subd. 2. [DEFINITIONS; RISK ASSESSMENT AND MANAGEMENT.] (a)
As used in this section:
(1) "appropriate and necessary medical and other records"
includes patient medical records and other protected health
information as defined by Code of Federal Regulations, title 45,
section 164.501, relating to a patient in a state-operated
services facility including, but not limited to, the patient's
treatment plan and abuse prevention plan that is pertinent to
the patient's ongoing care, treatment, or placement in a
community-based treatment facility or a health care facility
that is not operated by state-operated services, and includes
information describing the level of risk posed by a patient when
the patient enters such a facility;
(2) "community-based treatment" means the community support
services listed in section 253B.02, subdivision 4b;
(3) "criminal history data" means those data maintained by
the Departments of Corrections and Public Safety and by the
supervisory authorities listed in section 13.84, subdivision 1,
that relate to an individual's criminal history or propensity
for violence; including data in the Corrections Offender
Management System (COMS) and Statewide Supervision System (S3)
maintained by the Department of Corrections; the Criminal
Justice Information System (CJIS) and the Predatory Offender
Registration (POR) system maintained by the Department of Public
Safety; and the CriMNet system;
(4) "designated agency" means the agency defined in section
253B.02, subdivision 5;
(5) "law enforcement agency" means the law enforcement
agency having primary jurisdiction over the location where the
offender expects to reside upon release;
(6) "predatory offender" and "offender" mean a person who
is required to register as a predatory offender under section
243.166; and
(7) "treatment facility" means a facility as defined in
section 253B.02, subdivision 19.
(b) To promote public safety and for the purposes and
subject to the requirements of paragraph (c), the commissioner
or the commissioner's designee shall have access to, and may
review and disclose, medical and criminal history data as
provided by this section.
(c) The commissioner or the commissioner's designee shall
disseminate data to designated treatment facility staff, special
review board members, and end-of-confinement review committee
members in accordance with Minnesota Rules, part 1205.0400, to:
(1) determine whether a patient is required under state law
to register as a predatory offender according to section
243.166;
(2) facilitate and expedite the responsibilities of the
special review board and end-of-confinement review committees by
corrections institutions and state treatment facilities;
(3) prepare, amend, or revise the abuse prevention plans
required under section 626.557, subdivision 14, and individual
patient treatment plans required under section 253B.03,
subdivision 7;
(4) facilitate changes of custody and transfers of
individuals between the Department of Corrections and the
Department of Human Services; and
(5) facilitate the exchange of data between the Department
of Corrections, the Department of Human Services, and any of the
supervisory authorities listed in section 13.84, regarding an
individual under the authority of one or more of these entities.
(d) If approved by the United States Department of Justice,
the commissioner may have access to national criminal history
information, through the Department of Public Safety, in support
of the law enforcement function described in paragraph (c). If
approval of the United States Department of Justice is not
obtained by the commissioner before July 1, 2007, the
authorization in this paragraph sunsets on that date.
Subd. 3. [COMMUNITY-BASED TREATMENT AND MEDICAL
TREATMENT.] (a) When a patient under the care and supervision of
state-operated services is released to a community-based
treatment facility or facility that provides health care
services, state-operated services may disclose all appropriate
and necessary health and other information relating to the
patient.
(b) The information that must be provided to the designated
agency, community-based treatment facility, or facility that
provides health care services includes, but is not limited to,
the patient's abuse prevention plan required under section
626.557, subdivision 14, paragraph (b).
Subd. 4. [PREDATORY OFFENDER REGISTRATION
NOTIFICATION.] (a) When a state-operated facility determines
that a patient is required under section 243.166, subdivision 1,
to register as a predatory offender or, under section 243.166,
subdivision 4a, to provide notice of a change in status, the
facility shall provide written notice to the patient of the
requirement.
(b) If the patient refuses, is unable, or lacks capacity to
comply with the requirement described in paragraph (a) within
five days after receiving the notification of the duty to
comply, state-operated services staff shall obtain and disclose
the necessary data to complete the registration form or change
of status notification for the patient. The treatment facility
shall also forward the registration or change of status data
that it completes to the Bureau of Criminal Apprehension and, as
applicable, the patient's corrections agent and the law
enforcement agency in the community in which the patient
currently resides. If, after providing notification, the
patient refuses to comply with the requirements described in
paragraph (a), the treatment facility shall also notify the
county attorney in the county in which the patient is currently
residing of the refusal.
(c) The duties of state-operated services described in this
subdivision do not relieve the patient of the ongoing individual
duty to comply with the requirements of section 243.166.
Subd. 5. [LIMITATIONS ON USE OF BLOODBORNE PATHOGEN TEST
RESULTS.] Sections 246.71, 246.711, 246.712, 246.713, 246.714,
246.715, 246.716, 246.717, 246.718, 246.719, 246.72, 246.721,
and 246.722 apply to state-operated services facilities.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 3. Minnesota Statutes 2004, section 253B.18,
subdivision 4a, is amended to read:
Subd. 4a. [RELEASE ON PASS; NOTIFICATION.] A patient who
has been committed as a person who is mentally ill and dangerous
and who is confined at a secure treatment facility or has been
transferred out of a state-operated services facility according
to section 253B.18, subdivision 6, shall not be released on a
pass unless the pass is part of a pass plan that has been
approved by the medical director of the secure treatment
facility. The pass plan must have a specific therapeutic
purpose consistent with the treatment plan, must be established
for a specific period of time, and must have specific levels of
liberty delineated. The county case manager must be invited to
participate in the development of the pass plan. At least ten
days prior to a determination on the plan, the medical director
shall notify the designated agency, the committing court, the
county attorney of the county of commitment, an interested
person, the local law enforcement agency where the facility is
located, the local law enforcement agency in the location where
the pass is to occur, the petitioner, and the petitioner's
counsel of the plan, the nature of the passes proposed, and
their right to object to the plan. If any notified person
objects prior to the proposed date of implementation, the person
shall have an opportunity to appear, personally or in writing,
before the medical director, within ten days of the objection,
to present grounds for opposing the plan. The pass plan shall
not be implemented until the objecting person has been furnished
that opportunity. Nothing in this subdivision shall be
construed to give a patient an affirmative right to a pass plan.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 4. Minnesota Statutes 2004, section 299C.093, is
amended to read:
299C.093 [DATABASE OF REGISTERED PREDATORY OFFENDERS.]
The superintendent of the Bureau of Criminal Apprehension
shall maintain a computerized data system relating to
individuals required to register as predatory offenders under
section 243.166. To the degree feasible, the system must
include the information data required to be provided under
section 243.166, subdivisions 4 and 4a, and indicate the time
period that the person is required to register. The
superintendent shall maintain this information data in a manner
that ensures that it is readily available to law enforcement
agencies. This information data is private data on individuals
under section 13.02, subdivision 12, but may be used for law
enforcement and corrections purposes. State-operated services,
as defined in section 246.014, are also authorized to have
access to the data for the purposes described in section 246.13,
subdivision 2, paragraph (c).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 5. Minnesota Statutes 2004, section 626.557,
subdivision 14, is amended to read:
Subd. 14. [ABUSE PREVENTION PLANS.] (a) Each facility,
except home health agencies and personal care attendant services
providers, shall establish and enforce an ongoing written abuse
prevention plan. The plan shall contain an assessment of the
physical plant, its environment, and its population identifying
factors which may encourage or permit abuse, and a statement of
specific measures to be taken to minimize the risk of abuse.
The plan shall comply with any rules governing the plan
promulgated by the licensing agency.
(b) Each facility, including a home health care agency and
personal care attendant services providers, shall develop an
individual abuse prevention plan for each vulnerable adult
residing there or receiving services from them. The plan shall
contain an individualized assessment of: (1) the person's
susceptibility to abuse by other individuals, including other
vulnerable adults,; (2) the person's risk of abusing other
vulnerable adults; and a statement (3) statements of the
specific measures to be taken to minimize the risk of abuse to
that person and other vulnerable adults. For the purposes of
this clause paragraph, the term "abuse" includes self-abuse.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 6. [REPEALER.]
Minnesota Statutes 2004, section 246.017, subdivision 1, is
repealed.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
ARTICLE 6
HUMAN SERVICES BACKGROUND STUDIES
Section 1. Minnesota Statutes 2004, section 245C.13,
subdivision 2, is amended to read:
Subd. 2. [DIRECT CONTACT PENDING COMPLETION OF BACKGROUND
STUDY.] Unless otherwise specified, the subject of a background
study may have direct contact with persons served by a program
after the background study form is mailed or submitted to the
commissioner pending notification of the study results under
section 245C.17. The subject of a background study may not
perform any activity requiring a background study under
paragraph (b) until the commissioner has issued one of the
notices under paragraph (a).
(a) Notices from the commissioner required prior to
activity under paragraph (b) include:
(1) a notice of the study results under section 245C.17
stating that:
(i) the individual is not disqualified; or
(ii) more time is needed to complete the study but the
individual is not required to be removed from direct contact or
access to people receiving services prior to completion of the
study as provided under section 245A.17, paragraph (c);
(2) a notice that a disqualification has been set aside
under section 245C.23; or
(3) a notice that a variance has been granted related to
the individual under section 245C.30.
(b) Activities prohibited prior to receipt of notice under
paragraph (a) include:
(1) being issued a license;
(2) living in the household where the licensed program will
be provided;
(3) providing direct contact services to persons served by
a program unless the subject is under continuous direct
supervision; or
(4) having access to persons receiving services if the
background study was completed under section 144.057,
subdivision 1, or 245C.03, subdivision 1, paragraph (a), clause
(2), (5), or (6), unless the subject is under continuous direct
supervision.
Sec. 2. Minnesota Statutes 2004, section 245C.15,
subdivision 1, is amended to read:
Subdivision 1. [PERMANENT DISQUALIFICATION.] (a) An
individual is disqualified under section 245C.14 if: (1)
regardless of how much time has passed since the discharge of
the sentence imposed for the offense; and (2) unless otherwise
specified, regardless of the level of the conviction, the
individual is convicted of any of the following offenses:
sections 609.185 (murder in the first degree); 609.19 (murder in
the second degree); 609.195 (murder in the third degree); 609.20
(manslaughter in the first degree); 609.205 (manslaughter in the
second degree); 609.221 or 609.222 (assault in the first or
second degree); a felony offense under sections 609.2242 and
609.2243 (domestic assault), spousal abuse, child abuse or
neglect, or a crime against children; 609.228 (great bodily harm
caused by distribution of drugs); 609.245 (aggravated robbery);
609.25 (kidnapping); 609.2661 (murder of an unborn child in the
first degree); 609.2662 (murder of an unborn child in the second
degree); 609.2663 (murder of an unborn child in the third
degree); 609.322 (solicitation, inducement, and promotion of
prostitution); a felony offense under 609.324, subdivision 1
(other prohibited acts); 609.342 (criminal sexual conduct in the
first degree); 609.343 (criminal sexual conduct in the second
degree); 609.344 (criminal sexual conduct in the third degree);
609.345 (criminal sexual conduct in the fourth degree); 609.3451
(criminal sexual conduct in the fifth degree); 609.3453
(criminal sexual predatory conduct); 609.352 (solicitation of
children to engage in sexual conduct); 609.365 (incest); a
felony offense under 609.377 (malicious punishment of a child);
a felony offense under 609.378 (neglect or endangerment of a
child); 609.561 (arson in the first degree); 609.66, subdivision
1e (drive-by shooting); 609.749, subdivision 3, 4, or 5
(felony-level harassment; stalking); 609.855, subdivision 5
(shooting at or in a public transit vehicle or facility);
617.246 (use of minors in sexual performance prohibited); or
617.247 (possession of pictorial representations of minors). An
individual also is disqualified under section 245C.14 regardless
of how much time has passed since the involuntary termination of
the individual's parental rights under section 260C.301.
(b) An individual's attempt or conspiracy to commit any of
the offenses listed in paragraph (a), as each of these offenses
is defined in Minnesota Statutes, permanently disqualifies the
individual under section 245C.14.
(c) An individual's offense in any other state or country,
where the elements of the offense are substantially similar to
any of the offenses listed in paragraph (a), permanently
disqualifies the individual under section 245C.14.
Sec. 3. Minnesota Statutes 2004, section 245C.17,
subdivision 1, is amended to read:
Subdivision 1. [TIME FRAME FOR NOTICE OF STUDY RESULTS.]
(a) Within 15 working days after the commissioner's receipt of
the background study form, the commissioner shall notify the
individual who is the subject of the study in writing or by
electronic transmission of the results of the study or that more
time is needed to complete the study.
(b) Within 15 working days after the commissioner's receipt
of the background study form submitted on paper, the
commissioner shall notify the applicant, license holder, or
other entity as provided in this chapter in writing or by
electronic transmission of the results of the study or that more
time is needed to complete the study.
(c) Within three days after the commissioner's receipt of a
request for a background study submitted through the
commissioner's online system, the commissioner shall provide an
electronic notification to the applicant, license holder, or
other entity as provided in this chapter. The electronic
notification shall disclose the results of the study or that
more time is needed to complete the study.
(d) When the commissioner has completed a prior background
study on an individual that resulted in an order for immediate
removal and more time is necessary to complete a subsequent
study, the notice that more time is needed that is issued under
paragraphs (a), (b), and (c) shall include an order for
immediate removal of the individual from any position allowing
direct contact with or access to people receiving services
pending completion of the background study.
Sec. 4. Minnesota Statutes 2004, section 245C.17,
subdivision 2, is amended to read:
Subd. 2. [DISQUALIFICATION NOTICE SENT TO SUBJECT.] (a) If
the information in the study indicates the individual is
disqualified from direct contact with, or from access to,
persons served by the program, the commissioner shall disclose
to the individual studied:
(1) the information causing disqualification;
(2) instructions on how to request a reconsideration of the
disqualification; and
(3) an explanation of any restrictions on the
commissioner's discretion to set aside the disqualification
under section 245C.24, when applicable to the individual;
(4) a statement indicating that if the individual's
disqualification is set aside or the facility is granted a
variance under section 245C.30, the individual's identity and
the reason for the individual's disqualification will become
public data under section 245C.22, subdivision 7, when
applicable to the individual; and
(5) the commissioner's determination of the individual's
immediate risk of harm under section 245C.16.
(b) If the commissioner determines under section 245C.16
that an individual poses an imminent risk of harm to persons
served by the program where the individual will have direct
contact, the commissioner's notice must include an explanation
of the basis of this determination.
(c) If the commissioner determines under section 245C.16
that an individual studied does not pose a risk of harm that
requires continuous, direct supervision, the commissioner shall
only notify the individual of the disqualification immediate
removal, the individual shall be informed of the conditions
under which the agency that initiated the background study may
allow the individual to provide direct contact services as
provided under subdivision 3.
Sec. 5. Minnesota Statutes 2004, section 245C.17,
subdivision 3, is amended to read:
Subd. 3. [DISQUALIFICATION NOTICE SENT TO APPLICANT,
LICENSE HOLDER, OR OTHER ENTITY.] (a) The commissioner shall
notify an applicant, license holder, or other entity as provided
in this chapter who is not the subject of the study:
(1) that the commissioner has found information that
disqualifies the individual studied from direct contact with, or
from access to, persons served by the program; and
(2) the commissioner's determination of the individual's
risk of harm under section 245C.16.
(b) If the commissioner determines under section 245C.16
that an individual studied poses an imminent risk of harm to
persons served by the program where the individual studied will
have direct contact, the commissioner shall order the license
holder to immediately remove the individual studied from direct
contact.
(c) If the commissioner determines under section 245C.16
that an individual studied poses a risk of harm that requires
continuous, direct supervision, the commissioner shall order the
applicant, license holder, or other entities as provided in this
chapter to:
(1) immediately remove the individual studied from direct
contact services; or
(2) before allowing the disqualified individual to provide
direct contact services, the applicant, license holder, or other
entity, as provided in this chapter, must:
(i) obtain from the disqualified individual a copy of the
individual's notice of disqualification from the commissioner
that explains the reason for disqualification;
(ii) assure ensure that the individual studied is under
continuous, direct supervision when providing direct contact
services during the period in which the individual may request a
reconsideration of the disqualification under section 245C.21;
and
(iii) ensure that the disqualified individual requests
reconsideration within 30 days of receipt of the notice of
disqualification.
(d) If the commissioner determines under section 245C.16
that an individual studied does not pose a risk of harm that
requires continuous, direct supervision, the commissioner shall
send the license holder a notice that more time is needed to
complete the individual's background study order the applicant,
license holder, or other entities as provided in this chapter to:
(1) immediately remove the individual studied from direct
contact services; or
(2) before allowing the disqualified individual to provide
direct contact services, the applicant, license holder, or other
entity as provided in this chapter must:
(i) obtain from the disqualified individual a copy of the
individual's notice of disqualification from the commissioner
that explains the reason for disqualification; and
(ii) ensure that the disqualified individual requests
reconsideration within 15 days of receipt of the notice of
disqualification.
(e) The commissioner shall not notify the applicant,
license holder, or other entity as provided in this chapter of
the information contained in the subject's background study
unless:
(1) the basis for the disqualification is failure to
cooperate with the background study or substantiated
maltreatment under section 626.556 or 626.557;
(2) the Data Practices Act under chapter 13 provides for
release of the information; or
(3) the individual studied authorizes the release of the
information.
Sec. 6. Minnesota Statutes 2004, section 245C.22, is
amended by adding a subdivision to read:
Subd. 7. [CLASSIFICATION OF CERTAIN DATA AS PUBLIC OR
PRIVATE.] (a) Notwithstanding section 13.46, upon setting aside
a disqualification under this section, the identity of the
disqualified individual who received the set aside and the
individual's disqualifying characteristics are public data if
the set aside was:
(1) for any disqualifying characteristic under section
245C.15, when the set aside relates to a child care center or a
family child care provider licensed under chapter 245A; or
(2) for a disqualifying characteristic under section
245C.15, subdivision 2.
(b) Notwithstanding section 13.46, upon granting a variance
to a license holder under section 245C.30, the identity of the
disqualified individual who is the subject of the variance, the
individual's disqualifying characteristics under section
245C.15, and the terms of the variance are public data, when the
variance:
(1) is issued to a child care center or a family child care
provider licensed under chapter 245A; or
(2) relates to an individual with a disqualifying
characteristic under section 245C.15, subdivision 2.
(c) The identity of a disqualified individual and the
reason for disqualification remain private data when:
(1) a disqualification is not set aside and no variance is
granted;
(2) the data are not public under paragraph (a) or (b); or
(3) the disqualification is rescinded because the
information relied upon to disqualify the individual is
incorrect.
(d) Licensed family day care providers and child care
centers must notify parents considering enrollment of a child or
parents of a child attending the family day care or child care
center if the program employs or has living in the home any
individual who is the subject of either a set aside or variance.
Sec. 7. Minnesota Statutes 2004, section 245C.24,
subdivision 2, is amended to read:
Subd. 2. [PERMANENT BAR TO SET ASIDE OF A
DISQUALIFICATION.] The commissioner may not set aside the
disqualification of an individual in connection with a
license to provide family child care for children, foster care
for children in the provider's home, or foster care or day care
services for adults in the provider's home, issued or in
application status under chapter 245A, regardless of how much
time has passed, if the provider was disqualified for a crime or
conduct listed in section 245C.15, subdivision 1.
ARTICLE 7
METHAMPHETAMINE PROVISIONS
Section 1. [35.051] [EPHEDRINE AND PSEUDOEPHEDRINE
PRODUCTS.]
Subdivision 1. [PRESCRIPTION REQUIRED.] Drugs and products
for any species of animal that contain ephedrine or
pseudoephedrine require a written prescription from a
veterinarian to be sold or distributed for lay use.
Subd. 2. [SALE AND PURCHASE RESTRICTIONS.] A drug or
product for any species of animal containing ephedrine or
pseudoephedrine may only be dispensed, sold, or distributed by a
veterinarian or a veterinary assistant under the supervision or
direction of a veterinarian. A person who is not a veterinarian
may not purchase a drug or product for animal consumption
containing ephedrine or pseudoephedrine without a prescription.
[EFFECTIVE DATE.] This section is effective on the 30th day
following final enactment, and applies to crimes committed on or
after that date.
Sec. 2. Minnesota Statutes 2004, section 152.01,
subdivision 10, is amended to read:
Subd. 10. [NARCOTIC DRUG.] "Narcotic drug" means any of
the following, whether produced directly or indirectly by
extraction from substances of vegetable origin, or independently
by means of chemical synthesis, or by a combination of
extraction and chemical synthesis:
(1) opium, coca leaves, and opiates, and methamphetamine;
(2) a compound, manufacture, salt, derivative, or
preparation of opium, coca leaves, or opiates, or
methamphetamine;
(3) a substance, and any compound, manufacture, salt,
derivative, or preparation thereof, which is chemically
identical with any of the substances referred to in clauses (1)
and (2), except that the words "narcotic drug" as used in this
chapter shall not include decocainized coca leaves or extracts
of coca leaves, which extracts do not contain cocaine or
ecgonine.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 3. Minnesota Statutes 2004, section 152.02,
subdivision 6, is amended to read:
Subd. 6. [SCHEDULE V; RESTRICTIONS ON METHAMPHETAMINE
PRECURSOR DRUGS.] (a) As used in this subdivision, the following
terms have the meanings given:
(1) "methamphetamine precursor drug" means any compound,
mixture, or preparation intended for human consumption
containing ephedrine or pseudoephedrine as its sole active
ingredient or as one of its active ingredients; and
(2) "over-the-counter sale" means a retail sale of a drug
or product but does not include the sale of a drug or product
pursuant to the terms of a valid prescription.
(b) The following items are listed in Schedule V:
(1) any compound, mixture, or preparation containing any of
the following limited quantities of narcotic drugs, which shall
include one or more nonnarcotic active medicinal ingredients in
sufficient proportion to confer upon the compound, mixture or
preparation valuable medicinal qualities other than those
possessed by the narcotic drug alone;:
(1) (i) not more than 100 milligrams of dihydrocodeine per
100 milliliters or per 100 grams.;
(2) (ii) not more than 100 milligrams of ethylmorphine per
100 milliliters or per 100 grams.;
(3) (iii) not more than 2.5 milligrams of diphenoxylate and
not less than 25 micrograms of atropine sulfate per dosage
unit.; or
(4) (iv) not more than 15 milligrams of anhydrous morphine
per 100 milliliters or per 100 grams; and
(2) any compound, mixture, or preparation containing
ephedrine or pseudoephedrine as its sole active ingredient or as
one of its active ingredients.
(c) No person may sell in a single over-the-counter sale
more than two packages of a methamphetamine precursor drug or a
combination of methamphetamine precursor drugs or any
combination of packages exceeding a total weight of six grams.
(d) Over-the-counter sales of methamphetamine precursor
drugs are limited to:
(1) packages containing not more than a total of three
grams of one or more methamphetamine precursor drugs, calculated
in terms of ephedrine base or pseudoephedrine base; or
(2) for nonliquid products, sales in blister packs, where
each blister contains not more than two dosage units, or, if the
use of blister packs is not technically feasible, sales in unit
dose packets or pouches.
(e) A business establishment that offers for sale
methamphetamine precursor drugs in an over-the-counter sale
shall ensure that all packages of the drugs are displayed behind
a checkout counter where the public is not permitted and are
offered for sale only by a licensed pharmacist, a registered
pharmacy technician, or a pharmacy clerk. The establishment
shall ensure that the person making the sale requires the buyer:
(1) to provide photographic identification showing the
buyer's date of birth; and
(2) to sign a written or electronic document detailing the
date of the sale, the name of the buyer, and the amount of the
drug sold. Nothing in this paragraph requires the buyer to
obtain a prescription for the drug's purchase.
(f) No person may acquire through over-the-counter sales
more than six grams of methamphetamine precursor drugs within a
30-day period.
(g) No person may sell in an over-the-counter sale a
methamphetamine precursor drug to a person under the age of 18
years. It is an affirmative defense to a charge under this
paragraph if the defendant proves by a preponderance of the
evidence that the defendant reasonably and in good faith relied
on proof of age as described in section 340A.503, subdivision 6.
(h) A person who knowingly violates paragraph (c), (d),
(e), (f), or (g) is guilty of a misdemeanor and may be sentenced
to imprisonment for not more than 90 days, or to payment of a
fine of not more than $1,000, or both.
(i) An owner, operator, supervisor, or manager of a
business establishment that offers for sale methamphetamine
precursor drugs whose employee or agent is convicted of or
charged with violating paragraph (c), (d), (e), (f), or (g) is
not subject to the criminal penalties for violating any of those
paragraphs if the person:
(1) did not have prior knowledge of, participate in, or
direct the employee or agent to commit the violation; and
(2) documents that an employee training program was in
place to provide the employee or agent with information on the
state and federal laws and regulations regarding methamphetamine
precursor drugs.
(j) Any person employed by a business establishment that
offers for sale methamphetamine precursor drugs who sells such a
drug to any person in a suspicious transaction shall report the
transaction to the owner, supervisor, or manager of the
establishment. The owner, supervisor, or manager may report the
transaction to local law enforcement. A person who reports
information under this subdivision in good faith is immune from
civil liability relating to the report.
(k) Paragraphs (c) to (j) do not apply to:
(1) pediatric products labeled pursuant to federal
regulation primarily intended for administration to children
under 12 years of age according to label instructions;
(2) methamphetamine precursor drugs that are certified by
the Board of Pharmacy as being manufactured in a manner that
prevents the drug from being used to manufacture
methamphetamine;
(3) methamphetamine precursor drugs in gel capsule or
liquid form; or
(4) compounds, mixtures, or preparations in powder form
where pseudoephedrine constitutes less than one percent of its
total weight and is not its sole active ingredient.
(l) The Board of Pharmacy, in consultation with the
Department of Public Safety, shall certify methamphetamine
precursor drugs that meet the requirements of paragraph (k),
clause (2), and publish an annual listing of these drugs.
(m) Wholesale drug distributors licensed and regulated by
the Board of Pharmacy pursuant to sections 151.42 to 151.51 and
registered with and regulated by the United States Drug
Enforcement Administration are exempt from the methamphetamine
precursor drug storage requirements of this section.
(n) This section preempts all local ordinances or
regulations governing the sale by a business establishment of
over-the-counter products containing ephedrine or
pseudoephedrine. All ordinances enacted prior to the effective
date of this act are void.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to crimes committed on or after that date.
Sec. 4. Minnesota Statutes 2004, section 152.02, is
amended by adding a subdivision to read:
Subd. 8a. [METHAMPHETAMINE PRECURSORS.] The State Board of
Pharmacy may, by order, require that non-prescription ephedrine
or pseudophedrine products sold in gel capsule or liquid form be
subject to the sale restrictions established in subdivision 6
for methamphetamine precursor drugs, if the board concludes that
ephedrine or pseudophedrine products in gel capsule or liquid
form can be used to manufacture methamphetamine. In assessing
the need for an order under this subdivision, the board shall
consult at least annually with the advisory council on
controlled substances, the commissioner of public safety, and
the commissioner of health.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 5. Minnesota Statutes 2004, section 152.021,
subdivision 2a, is amended to read:
Subd. 2a. [METHAMPHETAMINE MANUFACTURE CRIMES CRIME;
POSSESSION OF SUBSTANCES WITH INTENT TO MANUFACTURE
METHAMPHETAMINE CRIME.] (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 a
crime 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 includes any of the following substances, or any
similar substances that can be used to manufacture
methamphetamine, or their the salts, isomers, and salts of
isomers of a listed or similar substance:
(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 August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 6. Minnesota Statutes 2004, 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 ten years or to payment of a fine of not
more than $5,000 $20,000, 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 15 years or to payment of a fine of not more than
$5,000 $30,000, 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, 2005,
and applies to crimes committed on or after that date.
Sec. 7. Minnesota Statutes 2004, section 152.027,
subdivision 1, is amended to read:
Subdivision 1. [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.]
Except as provided in section 152.02, subdivision 6, a person
who unlawfully sells one or more mixtures containing a
controlled substance classified in schedule V may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2004, section 152.027,
subdivision 2, is amended to read:
Subd. 2. [POSSESSION OF SCHEDULE V CONTROLLED SUBSTANCE.]
Except as provided in section 152.02, subdivision 6, a person
who unlawfully possesses one or more mixtures containing a
controlled substance classified in schedule V may be sentenced
to imprisonment for not more than one year or to payment of a
fine of not more than $3,000, or both. The court may order that
a person who is convicted under this subdivision and placed on
probation be required to take part in a drug education program
as specified by the court.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to crimes committed on or after that date.
Sec. 9. [152.0275] [CERTAIN CONTROLLED SUBSTANCE OFFENSES;
RESTITUTION; PROHIBITIONS ON PROPERTY USE; NOTICE PROVISIONS.]
Subdivision 1. [RESTITUTION.] (a) As used in this
subdivision:
(1) "clandestine lab site" means any structure or
conveyance or outdoor location occupied or affected by
conditions or chemicals typically associated with the
manufacturing of methamphetamine;
(2) "emergency response" includes, but is not limited to,
removing and collecting evidence, securing the site, removal,
remediation, and hazardous chemical assessment or inspection of
the site where the relevant offense or offenses took place,
regardless of whether these actions are performed by the public
entities themselves or by private contractors paid by the public
entities, or the property owner;
(3) "remediation" means proper cleanup, treatment, or
containment of hazardous substances or methamphetamine at or in
a clandestine lab site, and may include demolition or disposal
of structures or other property when an assessment so indicates;
and
(4) "removal" means the removal from the clandestine lab
site of precursor or waste chemicals, chemical containers, or
equipment associated with the manufacture, packaging, or storage
of illegal drugs.
(b) A court may require a person convicted of manufacturing
or attempting to manufacture a controlled substance or of an
illegal activity involving a precursor substance, where the
response to the crime involved an emergency response, to pay
restitution to all public entities that participated in the
response. The restitution ordered may cover the reasonable
costs of their participation in the response.
(c) In addition to the restitution authorized in paragraph
(b), a court may require a person convicted of manufacturing or
attempting to manufacture a controlled substance or of illegal
activity involving a precursor substance to pay restitution to a
property owner who incurred removal or remediation costs because
of the crime.
Subd. 2. [PROPERTY-RELATED PROHIBITIONS; NOTICE; WEB
SITE.] (a) As used in this subdivision:
(1) "clandestine lab site" has the meaning given in
subdivision 1, paragraph (a);
(2) "property" means publicly or privately owned real
property including buildings and other structures, motor
vehicles as defined in section 609.487, subdivision 2a, public
waters, and public rights-of-way;
(3) "remediation" has the meaning given in subdivision 1,
paragraph (a); and
(4) "removal" has the meaning given in subdivision 1,
paragraph (a).
(b) A peace officer who arrests a person at a clandestine
lab site shall notify the appropriate county or local health
department, state duty officer, and child protection services of
the arrest and the location of the site.
(c) A county or local health department or sheriff shall
order that any property or portion of a property that has been
found to be a clandestine lab site and contaminated by
substances, chemicals, or items of any kind used in the
manufacture of methamphetamine or any part of the manufacturing
process, or the by-products or degradates of manufacturing
methamphetamine be prohibited from being occupied or used until
it has been assessed and remediated as provided in the
Department of Health's clandestine drug labs general cleanup
guidelines. The remediation shall be accomplished by a
contractor who will make the verification required under
paragraph (e).
(d) Unless clearly inapplicable, the procedures specified
in chapter 145A and any related rules adopted under that chapter
addressing the enforcement of public health laws, the removal
and abatement of public health nuisances, and the remedies
available to property owners or occupants apply to this
subdivision.
(e) Upon the proper removal and remediation of any property
used as a clandestine lab site, the contractor shall verify to
the property owner and the applicable authority that issued the
order under paragraph (c) that the work was completed according
to the Department of Health's clandestine drug labs general
cleanup guidelines and best practices. The contractor shall
provide the verification to the property owner and the
applicable authority within five days from the completion of the
remediation. Following this, the applicable authority shall
vacate its order.
(f) If a contractor issues a verification and the property
was not remediated according to the Department of Health's
clandestine drug labs general cleanup guidelines, the contractor
is liable to the property owner for the additional costs
relating to the proper remediation of the property according to
the guidelines and for reasonable attorney fees for collection
of costs by the property owner. An action under this paragraph
must be commenced within six years from the date on which the
verification was issued by the contractor.
(g) If the applicable authority determines under paragraph
(c) that a motor vehicle has been contaminated by substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine and
if the authority is able to obtain the certificate of title for
the motor vehicle, the authority shall notify the registrar of
motor vehicles of this fact and in addition, forward the
certificate of title to the registrar. The authority shall also
notify the registrar when it vacates its order under paragraph
(e).
(h) The applicable authority issuing an order under
paragraph (c) shall record with the county recorder or registrar
of titles of the county where the clandestine lab is located an
affidavit containing the name of the owner, a legal description
of the property where the clandestine lab was located, and a map
drawn from available information showing the boundary of the
property and the location of the contaminated area on the
property that is prohibited from being occupied or used that
discloses to any potential transferee:
(1) that the property, or portion of the property, was the
site of a clandestine lab;
(2) the location, condition, and circumstances of the
clandestine lab, to the full extent known or reasonably
ascertainable; and
(3) that the use of the property or some portion of it may
be restricted as provided by paragraph (c).
If an inaccurate drawing or description is filed, the authority,
on request of the owner or another interested person, shall file
a supplemental affidavit with a corrected drawing or description.
If the authority vacates its order under paragraph (e), the
authority shall record an affidavit that contains the recording
information of the above affidavit and states that the order is
vacated. Upon filing the affidavit vacating the order, the
affidavit and the affidavit filed under this paragraph, together
with the information set forth in the affidavits, cease to
constitute either actual or constructive notice.
(i) If proper removal and remediation has occurred on the
property, an interested party may record an affidavit indicating
that this has occurred. Upon filing the affidavit described in
this paragraph, the affidavit and the affidavit filed under
paragraph (g), together with the information set forth in the
affidavits, cease to constitute either actual or constructive
notice. Failure to record an affidavit under this section does
not affect or prevent any transfer of ownership of the property.
(j) The county recorder or registrar of titles must record
all affidavits presented under paragraph (g) or (h) in a manner
that assures their disclosure in the ordinary course of a title
search of the subject property.
(k) The commissioner of health shall post on the Internet
contact information for each local community health services
administrator.
(l) Each local community health services administrator
shall maintain information related to property within the
administrator's jurisdiction that is currently or was previously
subject to an order issued under paragraph (c). The information
maintained must include the name of the owner, the location of
the property, the extent of the contamination, the status of the
removal and remediation work on the property, and whether the
order has been vacated. The administrator shall make this
information available to the public either upon request or by
other means.
(m) Before signing an agreement to sell or transfer real
property, the seller or transferor must disclose in writing to
the buyer or transferee if, to the seller's or transferor's
knowledge, methamphetamine production has occurred on the
property. If methamphetamine production has occurred on the
property, the disclosure shall include a statement to the buyer
or transferee informing the buyer or transferee:
(1) whether an order has been issued on the property as
described in paragraph (c);
(2) whether any orders issued against the property under
paragraph (c) have been vacated under paragraph (i); or
(3) if there was no order issued against the property and
the seller or transferor is aware that methamphetamine
production has occurred on the property, the status of removal
and remediation on the property.
(n) Unless the buyer or transferee and seller or transferor
agree to the contrary in writing before the closing of the sale,
a seller or transferor who fails to disclose, to the best of
their knowledge, at the time of sale any of the facts required,
and who knew or had reason to know of methamphetamine production
on the property, is liable to the buyer or transferee for:
(1) costs relating to remediation of the property according
to the Department of Health's clandestine drug labs general
cleanup guidelines and best practices; and
(2) reasonable attorney fees for collection of costs from
the seller or transferor.
An action under this paragraph must be commenced within six
years after the date on which the buyer or transferee closed the
purchase or transfer of the real property where the
methamphetamine production occurred.
(o) This section preempts all local ordinances relating to
the sale or transfer of real property designated as a
clandestine lab site.
[EFFECTIVE DATE.] This section is effective January 1,
2006, and applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2004, section 152.135,
subdivision 2, is amended to read:
Subd. 2. [EXCEPTIONS.] (a) A drug product containing
ephedrine, its salts, optical isomers, and salts of optical
isomers is exempt from subdivision 1 if the drug product:
(1) may be lawfully sold over the counter without a
prescription under the federal Food, Drug, and Cosmetic Act,
United States Code, title 21, section 321, et seq.;
(2) is labeled and marketed in a manner consistent with the
pertinent OTC Tentative Final or Final Monograph;
(3) is manufactured and distributed for legitimate
medicinal use in a manner that reduces or eliminates the
likelihood of abuse;
(4) is not marketed, advertised, or labeled for the
indication of stimulation, mental alertness, weight loss, muscle
enhancement, appetite control, or energy; and
(5) is in solid oral dosage forms, including soft gelatin
caplets, that combine 400 milligrams of guaifenesin and 25
milligrams of ephedrine per dose, according to label
instructions; or is an anorectal preparation containing not more
than five percent ephedrine; and
(6) is sold in a manner that does not conflict with section
152.02, subdivision 6.
(b) Subdivisions 1 and 3 shall not apply to products
containing ephedra or ma huang and lawfully marketed as dietary
supplements under federal law.
[EFFECTIVE DATE.] This section is effective on the 30th day
following final enactment, and applies to crimes committed on or
after that date.
Sec. 11. [152.136] [ANHYDROUS AMMONIA; PROHIBITED CONDUCT;
CRIMINAL PENALTIES; CIVIL LIABILITY.]
Subdivision 1. [DEFINITIONS.] As used in this section,
"tamper" means action taken by a person not authorized to take
that action by law or by the owner or authorized custodian of an
anhydrous ammonia container or of equipment where anhydrous
ammonia is used, stored, distributed, or transported.
Subd. 2. [PROHIBITED CONDUCT.] (a) A person may not:
(1) steal or unlawfully take or carry away any amount of
anhydrous ammonia;
(2) purchase, possess, transfer, or distribute any amount
of anhydrous ammonia, knowing, or having reason to know, that it
will be used to unlawfully manufacture a controlled substance;
(3) place, have placed, or possess anhydrous ammonia in a
container that is not designed, constructed, maintained, and
authorized to contain or transport anhydrous ammonia;
(4) transport anhydrous ammonia in a container that is not
designed, constructed, maintained, and authorized to transport
anhydrous ammonia;
(5) use, deliver, receive, sell, or transport a container
designed and constructed to contain anhydrous ammonia without
the express consent of the owner or authorized custodian of the
container; or
(6) tamper with any equipment or facility used to contain,
store, or transport anhydrous ammonia.
(b) For the purposes of this subdivision, containers
designed and constructed for the storage and transport of
anhydrous ammonia are described in rules adopted under section
18C.121, subdivision 1, or in Code of Federal Regulations, title
49.
Subd. 3. [NO CAUSE OF ACTION.] (a) Except as provided in
paragraph (b), a person tampering with anhydrous ammonia
containers or equipment under subdivision 2 shall have no cause
of action for damages arising out of the tampering against:
(1) the owner or lawful custodian of the container or
equipment;
(2) a person responsible for the installation or
maintenance of the container or equipment; or
(3) a person lawfully selling or offering for sale the
anhydrous ammonia.
(b) Paragraph (a) does not apply to a cause of action
against a person who unlawfully obtained the anhydrous ammonia
or anhydrous ammonia container or who possesses the anhydrous
ammonia or anhydrous ammonia container for any unlawful purpose.
Subd. 4. [CRIMINAL PENALTY.] A person who knowingly
violates subdivision 2 is guilty of a felony and may be
sentenced to imprisonment for not more than five years or to
payment of a fine of not more than $50,000, or both.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 12. [152.137] [METHAMPHETAMINE-RELATED CRIMES
INVOLVING CHILDREN AND VULNERABLE ADULTS.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given.
(b) "Chemical substance" means a substance intended to be
used as a precursor in the manufacture of methamphetamine or any
other chemical intended to be used in the manufacture of
methamphetamine.
(c) "Child" means any person under the age of 18 years.
(d) "Methamphetamine paraphernalia" means all equipment,
products, and materials of any kind that are used, intended for
use, or designed for use in manufacturing, injecting, ingesting,
inhaling, or otherwise introducing methamphetamine into the
human body.
(e) "Methamphetamine waste products" means substances,
chemicals, or items of any kind used in the manufacture of
methamphetamine or any part of the manufacturing process, or the
by-products or degradates of manufacturing methamphetamine.
(f) "Vulnerable adult" has the meaning given in section
609.232, subdivision 11.
Subd. 2. [PROHIBITED CONDUCT.] (a) No person may knowingly
engage in any of the following activities in the presence of a
child or vulnerable adult; in the residence of a child or a
vulnerable adult; in a building, structure, conveyance, or
outdoor location where a child or vulnerable adult might
reasonably be expected to be present; in a room offered to the
public for overnight accommodation; or in any multiple unit
residential building:
(1) manufacturing or attempting to manufacture
methamphetamine;
(2) storing any chemical substance;
(3) storing any methamphetamine waste products; or
(4) storing any methamphetamine paraphernalia.
(b) No person may knowingly cause or permit a child or
vulnerable adult to inhale, be exposed to, have contact with, or
ingest methamphetamine, a chemical substance, or methamphetamine
paraphernalia.
Subd. 3. [CRIMINAL PENALTY.] A person who violates
subdivision 2 is guilty of a felony and may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
Subd. 4. [MULTIPLE SENTENCES.] Notwithstanding sections
609.035 and 609.04, a prosecution for or conviction under this
section is not a bar to conviction of or punishment for any
other crime committed by the defendant as part of the same
conduct.
Subd. 5. [PROTECTIVE CUSTODY.] A peace officer may take
any child present in an area where any of the activities
described in subdivision 2, paragraph (a), clauses (1) to (4),
are taking place into protective custody in accordance with
section 260C.175, subdivision 1, paragraph (b), clause (2). A
child taken into protective custody under this subdivision shall
be provided health screening to assess potential health concerns
related to methamphetamine as provided in section 260C.188. A
child not taken into protective custody under this subdivision
but who is known to have been exposed to methamphetamine shall
be offered health screening for potential health concerns
related to methamphetamine as provided in section 260C.188.
Subd. 6. [REPORTING MALTREATMENT OF VULNERABLE ADULT.] (a)
A peace officer shall make a report of suspected maltreatment of
a vulnerable adult if the vulnerable adult is present in an area
where any of the activities described in subdivision 2,
paragraph (a), clauses (1) to (4), are taking place, and the
peace officer has reason to believe the vulnerable adult
inhaled, was exposed to, had contact with, or ingested
methamphetamine, a chemical substance, or methamphetamine
paraphernalia. The peace officer shall immediately report to
the county common entry point as described in section 626.557,
subdivision 9b.
(b) As required in section 626.557, subdivision 9b, law
enforcement is the primary agency to conduct investigations of
any incident when there is reason to believe a crime has been
committed. Law enforcement shall initiate a response
immediately. If the common entry point notified a county agency
for adult protective services, law enforcement shall cooperate
with that county agency when both agencies are involved and
shall exchange data to the extent authorized in section 626.557,
subdivision 12b, paragraph (g). County adult protection shall
initiate a response immediately.
(c) The county social services agency shall immediately
respond as required in section 626.557, subdivision 10, upon
receipt of a report from the common entry point staff.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 13. Minnesota Statutes 2004, section 168A.05,
subdivision 3, is amended to read:
Subd. 3. [CONTENT OF CERTIFICATE.] Each certificate of
title issued by the department shall contain:
(1) the date issued;
(2) the first, middle, and last names, the dates of birth,
and addresses of all owners who are natural persons, the full
names and addresses of all other owners;
(3) the names and addresses of any secured parties in the
order of priority as shown on the application, or if the
application is based on a certificate of title, as shown on the
certificate, or as otherwise determined by the department;
(4) any liens filed pursuant to a court order or by a
public agency responsible for child support enforcement against
the owner;
(5) the title number assigned to the vehicle;
(6) a description of the vehicle including, so far as the
following data exists, its make, model, year, identifying
number, type of body, whether new or used, and if a new vehicle,
the date of the first sale of the vehicle for use;
(7) with respect to motor vehicles subject to the
provisions of section 325E.15, the true cumulative mileage
registered on the odometer or that the actual mileage is unknown
if the odometer reading is known by the owner to be different
from the true mileage;
(8) with respect to vehicles subject to sections 325F.6641
and 325F.6642, the appropriate term "flood damaged," "rebuilt,"
"prior salvage," or "reconstructed"; and
(9) with respect to a vehicle contaminated by
methamphetamine production, if the registrar has received the
certificate of title and notice described in section 152.0275,
subdivision 2, paragraph (g), the term "hazardous waste
contaminated vehicle"; and
(10) any other data the department prescribes.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 14. Minnesota Statutes 2004, section 260C.171, is
amended by adding a subdivision to read:
Subd. 6. [NOTICE TO SCHOOL.] (a) As used in this
subdivision, the following terms have the meanings given.
"Chemical substance," "methamphetamine paraphernalia," and
"methamphetamine waste products" have the meanings given in
section 152.137, subdivision 1. "School" means a charter school
or a school as defined in section 120A.22, subdivision 4, except
a home school.
(b) If a child has been taken into protective custody after
being found in an area where methamphetamine was being
manufactured or attempted to be manufactured or where any
chemical substances, methamphetamine paraphernalia, or
methamphetamine waste products were stored, and the child is
enrolled in school, the officer who took the child into custody
shall notify the chief administrative officer of the child's
school of this fact.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to acts occurring on or after that date.
Sec. 15. [446A.083] [METHAMPHETAMINE LABORATORY CLEANUP
REVOLVING ACCOUNT.]
Subdivision 1. [DEFINITIONS.] As used in this section:
(1) "clandestine lab site" has the meaning given in section
152.0275, subdivision 1, paragraph (a);
(2) "property" has the meaning given in section 152.0275,
subdivision 2, paragraph (a), but does not include motor
vehicles; and
(3) "remediate" has the meaning given to remediation in
section 152.0275, subdivision 1, paragraph (a).
Subd. 2. [ACCOUNT ESTABLISHED.] The authority shall
establish a methamphetamine laboratory cleanup revolving account
in the public facility authority fund to provide loans to
counties and cities to remediate clandestine lab sites. The
account must be credited with repayments.
Subd. 3. [APPLICATIONS.] Applications by a county or city
for a loan from the account must be made to the authority on the
forms prescribed by the authority. The application must
include, but is not limited to:
(1) the amount of the loan requested and the proposed use
of the loan proceeds;
(2) the source of revenues to repay the loan; and
(3) certification by the county or city that it meets the
loan eligibility requirements of subdivision 4.
Subd. 4. [LOAN ELIGIBILITY.] A county or city is eligible
for a loan under this section if the county or city:
(1) identifies a site or sites designated by a local public
health department or law enforcement as a clandestine lab site;
(2) has required the site's property owner to remediate the
site at cost, under a local public health nuisance ordinance
that addresses clandestine lab remediation;
(3) certifies that the property owner cannot pay for the
remediation immediately;
(4) certifies that the property owner has not properly
remediated the site; and
(5) issues a revenue bond, secured as provided in
subdivision 8, payable to the authority to secure the loan.
Subd. 5. [USE OF LOAN PROCEEDS; REIMBURSEMENT BY PROPERTY
OWNER.] (a) A loan recipient shall use the loan to remediate the
clandestine lab site or if this has already been done to
reimburse the applicable county or city fund for costs paid by
the recipient to remediate the clandestine lab site.
(b) A loan recipient shall seek reimbursement from the
owner of the property containing the clandestine lab site for
the costs of the remediation. In addition to other lawful means
of seeking reimbursement, the loan recipient may recover its
costs through a property tax assessment by following the
procedures specified in section 145A.08, subdivision 2,
paragraph (c).
(c) A mortgagee is not responsible for cleanup costs under
this section solely because the mortgagee becomes an owner of
real property through foreclosure of the mortgage or by receipt
of the deed to the mortgaged property in lieu of foreclosure.
Subd. 6. [AWARD AND DISBURSEMENT OF FUNDS.] The authority
shall award loans to recipients on a first-come, first-served
basis, provided that the recipient is able to comply with the
terms and conditions of the authority loan, which must be in
conformance with this section. The authority shall make a
single disbursement of the loan upon receipt of a payment
request that includes a list of remediation expenses and
evidence that a second-party sampling was undertaken to ensure
that the remediation work was successful or a guarantee that
such a sampling will be undertaken.
Subd. 7. [LOAN CONDITIONS AND TERMS.] (a) When making
loans from the revolving account, the authority shall comply
with the criteria in paragraphs (b) to (e).
(b) Loans must be made at a two percent per annum interest
rate for terms not to exceed ten years unless the recipient
requests a 20-year term due to financial hardship.
(c) The annual principal and interest payments must begin
no later than one year after completion of the clean up. Loans
must be amortized no later than 20 years after completion of the
clean up.
(d) A loan recipient must identify and establish a source
of revenue for repayment of the loan and must undertake whatever
steps are necessary to collect payments within one year of
receipt of funds from the authority.
(e) The account must be credited with all payments of
principal and interest on all loans, except the costs as
permitted under section 446A.04, subdivision 5, paragraph (a).
(f) Loans must be made only to recipients with clandestine
lab ordinances that address remediation.
Subd. 8. [AUTHORITY TO INCUR DEBT.] Counties and cities
may incur debt under this section by resolution of the board or
council authorizing issuance of a revenue bond to the
authority. The county or city may secure and pay the revenue
bond only with proceeds derived from the property containing the
clandestine lab site, including assessments and charges under
section 145A.08, subdivision 2, paragraph (c), payments by the
property owner, or similar revenues.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 16. Minnesota Statutes 2004, section 609.1095,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given.
(b) "Conviction" means any of the following accepted and
recorded by the court: a plea of guilty, a verdict of guilty by
a jury, or a finding of guilty by the court. The term includes
a conviction by any court in Minnesota or another jurisdiction.
(c) "Prior conviction" means a conviction that occurred
before the offender committed the next felony resulting in a
conviction and before the offense for which the offender is
being sentenced under this section.
(d) "Violent crime" means a violation of or an attempt or
conspiracy to violate any of the following laws of this state or
any similar laws of the United States or any other state:
section sections 152.137; 609.165; 609.185; 609.19; 609.195;
609.20; 609.205; 609.21; 609.221; 609.222; 609.223; 609.228;
609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 609.2662;
609.2663; 609.2664; 609.2665; 609.267; 609.2671; 609.268;
609.342; 609.343; 609.344; 609.345; 609.498, subdivision 1;
609.561; 609.562; 609.582, subdivision 1; 609.66, subdivision
1e; 609.687; and 609.855, subdivision 5; any provision of
sections 609.229; 609.377; 609.378; 609.749; and 624.713 that is
punishable by a felony penalty; or any provision of chapter 152
that is punishable by a maximum sentence of 15 years or more.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 17. Minnesota Statutes 2004, section 617.81,
subdivision 4, is amended to read:
Subd. 4. [NOTICE.] (a) If a prosecuting attorney has
reason to believe that a nuisance is maintained or permitted in
the jurisdiction the prosecuting attorney serves, and intends to
seek abatement of the nuisance, the prosecuting attorney shall
provide the written notice described in paragraph (b), by
personal service or certified mail, return receipt requested, to
the owner and all interested parties known to the prosecuting
attorney.
(b) The written notice must:
(1) state that a nuisance as defined in subdivision 2 is
maintained or permitted in the building and must specify the
kind or kinds of nuisance being maintained or permitted;
(2) summarize the evidence that a nuisance is maintained or
permitted in the building, including the date or dates on which
nuisance-related activity or activities are alleged to have
occurred;
(3) inform the recipient that failure to abate the conduct
constituting the nuisance or to otherwise resolve the matter
with the prosecuting attorney within 30 days of service of the
notice may result in the filing of a complaint for relief in
district court that could, among other remedies, result in
enjoining the use of the building for any purpose for one year
or, in the case of a tenant, could result in cancellation of the
lease; and
(4) inform the owner of the options available under section
617.85.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to acts committed on or after that date.
Sec. 18. Minnesota Statutes 2004, section 617.85, is
amended to read:
617.85 [NUISANCE; MOTION TO CANCEL LEASE.]
Where notice is provided under section 617.81, subdivision
4, that an abatement of a nuisance is sought and the
circumstances that are the basis for the requested abatement
involved the acts of a commercial or residential tenant or
lessee of part or all of a building, the owner of the building
that is subject to the abatement proceeding may file before the
court that has jurisdiction over the abatement proceeding a
motion to cancel the lease or otherwise secure restitution of
the premises from the tenant or lessee who has maintained or
conducted the nuisance. The owner may assign to the prosecuting
attorney the right to file this motion. In addition to the
grounds provided in chapter 566, the maintaining or conducting
of a nuisance as defined in section 617.81, subdivision 2, by a
tenant or lessee, is an additional ground authorized by law for
seeking the cancellation of a lease or the restitution of the
premises. Service of motion brought under this section must be
served in a manner that is sufficient under the Rules of Civil
Procedure and chapter 566.
It is no defense to a motion under this section by the
owner or the prosecuting attorney that the lease or other
agreement controlling the tenancy or leasehold does not provide
for eviction or cancellation of the lease upon the ground
provided in this section.
Upon a finding by the court that the tenant or lessee has
maintained or conducted a nuisance in any portion of the
building, the court shall order cancellation of the lease or
tenancy and grant restitution of the premises to the owner. The
court must not order abatement of the premises if the court:
(a) cancels a lease or tenancy and grants restitution of
that portion of the premises to the owner; and
(b) further finds that the act or acts constituting the
nuisance as defined in section 617.81, subdivision 2, were
committed by the tenant or lessee whose lease or tenancy has
been canceled pursuant to this section and the tenant or lessee
was not committing the act or acts in conjunction with or under
the control of the owner.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to acts committed on or after that date.
Sec. 19. [DEVELOPMENT OF COMPUTER SYSTEM; REPORT.]
The commissioner of public safety shall study the
feasability of a centralized computer or electronic system to
enable pharmacies to carry out their duties under Minnesota
Statutes, section 152.02, subdivision 6, paragraph (e), clause
(2), electronically or by the Internet. By February 1, 2006,
the commissioner shall report its findings to the legislature.
The report may include a proposal to enable pharmacies to switch
from written logs to electronic logs that are compatible with
the proposed system, and suggested statutory changes and a cost
estimate to accomplish this.
Sec. 20. [BOARD OF VETERINARY MEDICINE REPORT, PRECURSOR
ANIMAL PRODUCTS.]
The Board of Veterinary Medicine shall study and issue a
report on animal products that may be used in the manufacture of
methamphetamine. The report must include proposals for
restricting access to such products only to legitimate users,
specifically addressing the manufacturing, wholesaling,
distributing, and retailing of precursor veterinary products.
The board shall report its findings to the chairs and ranking
minority members of the senate and house committees having
jurisdiction over criminal justice and veterinary policy by
February 1, 2006.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 21. [REVISOR'S INSTRUCTION.]
The revisor of statutes shall recodify the provisions of
Minnesota Statutes, section 152.021, subdivision 2a, paragraph
(b), and subdivision 3, as amended by this article, that relate
to the possession of chemical reagents or precursors with the
intent to manufacture methamphetamine and the penalties for
doing this into a new section of law codified as Minnesota
Statutes, section 152.0262. The revisor shall make any
necessary technical changes, including, but not limited to,
changes to statutory cross-references, to Minnesota Statutes,
section 152.021, and any other statutory sections to accomplish
this.
Sec. 22. [REPEALER.]
Minnesota Statutes 2004, sections 18C.005, subdivisions 1a
and 35a; 18C.201, subdivisions 6 and 7; and 18D.331, subdivision
5, are repealed.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
ARTICLE 8
PUBLIC SAFETY POLICY
Section 1. Minnesota Statutes 2004, section 116L.30, is
amended to read:
116L.30 [GRANTS-IN-AID TO YOUTH INTERVENTION PROGRAMS.]
Subdivision 1. [GRANTS.] The commissioner may make grants
to nonprofit agencies administering youth intervention programs
in communities where the programs are or may be established.
"Youth intervention program" means a nonresidential
community-based program providing advocacy, education,
counseling, mentoring, and referral services to youth and their
families experiencing personal, familial, school, legal, or
chemical problems with the goal of resolving the present
problems and preventing the occurrence of the problems in the
future. The intent of the youth intervention program is to
provide an ongoing stable funding source to community-based
early intervention programs for youth. Program design may be
different for the grantees depending on youth service needs of
the communities being served.
Subd. 2. [APPLICATIONS.] Applications for a grant-in-aid
shall be made by the administering agency to the commissioner.
The grant-in-aid is contingent upon the agency having
obtained from the community in which the youth intervention
program is established local matching money two times the amount
of the grant that is sought. The matching requirement is
intended to leverage the investment of state and community
dollars in supporting the efforts of the grantees to provide
early intervention services to youth and their families.
The commissioner shall provide the application form,
procedures for making application form, criteria for review of
the application, and kinds of contributions in addition to cash
that qualify as local matching money. No grant to any agency
may exceed $50,000.
Subd. 3. [GRANT ALLOCATION FORMULA.] Up to one percent of
the appropriations to the grants-in-aid to the youth
intervention program may be used for a grant to the Minnesota
Youth Intervention Programs Association for expenses in
providing collaborative training and technical assistance to
community-based grantees of the program.
Subd. 4. [ADMINISTRATIVE COSTS.] The commissioner may use
up to two percent of the biennial appropriation for
grants-in-aid to the youth intervention program to pay costs
incurred by the department in administering the youth
intervention program.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 169.71,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITIONS GENERALLY; EXCEPTIONS.] No (a)
A person shall not drive or operate any motor vehicle with:
(1) a windshield cracked or discolored to an extent to
limit or obstruct proper vision, or, except for law enforcement
vehicles, with;
(2) any objects suspended between the driver and the
windshield, other than sun visors and rear vision rearview
mirrors, and electronic toll collection devices; or with
(3) any sign, poster, or other nontransparent material upon
the front windshield, sidewings, or side or rear windows of such
the vehicle, other than a certificate or other paper required to
be so displayed by law, or authorized by the state director of
the Division of Emergency Management, or the commissioner of
public safety.
(b) Paragraph (a), clauses (2) and (3), do not apply to law
enforcement vehicles.
(c) Paragraph (a), clause (2), does not apply to authorized
emergency vehicles.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 3. Minnesota Statutes 2004, section 214.04,
subdivision 1, is amended to read:
Subdivision 1. [SERVICES PROVIDED.] (a) The commissioner
of administration with respect to the Board of Electricity,; the
commissioner of education with respect to the Board of
Teaching,; the commissioner of public safety with respect to the
Board of Private Detective and Protective Agent Services, and;
the panel established pursuant to section 299A.465, subdivision
7; the Board of Peace Officer Standards and Training,; and the
commissioner of revenue with respect to the Board of Assessors,
shall provide suitable offices and other space, joint conference
and hearing facilities, examination rooms, and the following
administrative support services: purchasing service, accounting
service, advisory personnel services, consulting services
relating to evaluation procedures and techniques, data
processing, duplicating, mailing services, automated printing of
license renewals, and such other similar services of a
housekeeping nature as are generally available to other agencies
of state government. Investigative services shall be provided
the boards by employees of the Office of Attorney General. The
commissioner of health with respect to the health-related
licensing boards shall provide mailing and office supply
services and may provide other facilities and services listed in
this subdivision at a central location upon request of the
health-related licensing boards. The commissioner of commerce
with respect to the remaining non-health-related licensing
boards shall provide the above facilities and services at a
central location for the remaining non-health-related licensing
boards. The legal and investigative services for the boards
shall be provided by employees of the attorney general assigned
to the departments servicing the boards. Notwithstanding the
foregoing, the attorney general shall not be precluded by this
section from assigning other attorneys to service a board if
necessary in order to insure competent and consistent legal
representation. Persons providing legal and investigative
services shall to the extent practicable provide the services on
a regular basis to the same board or boards.
(b) The requirements in paragraph (a) with respect to the
panel established in section 299A.465, subdivision 7, expire
July 1, 2008.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. Minnesota Statutes 2004, section 216D.08,
subdivision 1, is amended to read:
Subdivision 1. [PENALTY PENALTIES.] A person who is
engaged in excavation for remuneration or an operator other than
an operator subject to section 299F.59, subdivision 1, who
violates sections 216D.01 to 216D.07 is subject to a civil
penalty to be imposed by the commissioner not to exceed $1,000
for each violation per day of violation. An operator subject to
section 299F.59, subdivision 1, who violates sections 216D.01 to
216D.07 is subject to a civil penalty to be imposed under
section 299F.60. The district court may hear, try, and
determine actions commenced under this section. Trials under
this section must be to the court sitting without a jury. If
the fine exceeds the maximum limit for conciliation court, the
person appealing the fine may request the commissioner to
conduct an administrative hearing under chapter 14.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 5. Minnesota Statutes 2004, section 216D.08,
subdivision 2, is amended to read:
Subd. 2. [SETTLEMENT.] The commissioner may negotiate a
compromise settlement of a civil penalty. In determining the
amount of the penalty, or the amount of the compromise
settlement, the commissioner shall consider the appropriateness
of the penalty to the size of the business of the person
charged, the gravity of the violation, and the good faith of the
person charged in attempting to achieve compliance, after
notification of a violation. Unless the commissioner chooses to
proceed in district court under subdivision 1, the contested
case and judicial review provisions of chapter 14 apply to the
orders of the commissioner imposing a penalty under sections
216D.01 to 216D.07. The amount of the penalty, when finally
determined, may be deducted from sums owing by the state of
Minnesota to the person charged.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 6. Minnesota Statutes 2004, section 259.11, is
amended to read:
259.11 [ORDER; FILING COPIES.]
(a) Upon meeting the requirements of section 259.10, the
court shall grant the application unless: (1) it finds that
there is an intent to defraud or mislead; (2) section 259.13
prohibits granting the name change; or (3) in the case of the
change of a minor child's name, the court finds that such name
change is not in the best interests of the child. The court
shall set forth in the order the name and age of the applicant's
spouse and each child of the applicant, if any, and shall state
a description of the lands, if any, in which the applicant and
the spouse and children, if any, claim to have an interest. The
court administrator shall file such order, and record the same
in the judgment book. If lands be described therein, a
certified copy of the order shall be filed for record, by the
applicant, with the county recorder of each county wherein any
of the same are situated. Before doing so the court
administrator shall present the same to the county auditor who
shall enter the change of name in the auditor's official records
and note upon the instrument, over an official signature, the
words "change of name recorded." Any such order shall not be
filed, nor any certified copy thereof be issued, until the
applicant shall have paid to the county recorder and court
administrator the fee required by law. No application shall be
denied on the basis of the marital status of the applicant.
(b) When a person applies for a name change, the court
shall determine whether the person has been convicted of a
felony a criminal history in this or any other state. The court
may conduct a search of national records through the Federal
Bureau of Investigation by submitting a set of fingerprints and
the appropriate fee to the Bureau of Criminal Apprehension. If
so it is determined that the person has a criminal history in
this or any other state, the court shall, within ten days after
the name change application is granted, report the name change
to the Bureau of Criminal Apprehension. The person whose name
is changed shall also report the change to the Bureau of
Criminal Apprehension within ten days. The court granting the
name change application must explain this reporting duty in its
order. Any person required to report the person's name change
to the Bureau of Criminal Apprehension who fails to report the
name change as required under this paragraph is guilty of a
gross misdemeanor.
(c) Paragraph (b) does not apply to either:
(1) a request for a name change as part of an application
for a marriage license under section 517.08; or
(2) a request for a name change in conjunction with a
marriage dissolution under section 518.27.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 7. Minnesota Statutes 2004, section 299A.465, is
amended by adding a subdivision to read:
Subd. 6. [DETERMINATION OF SCOPE AND DUTIES.] (a) Whenever
a peace officer or firefighter has been approved to receive a
duty-related disability pension, the officer or firefighter may
apply to the panel established in subdivision 7 for a
determination of whether or not the officer or firefighter meets
the requirements in subdivision 1, paragraph (a), clause (2).
In making this decision, the panel shall determine whether or
not the officer's or firefighter's occupational duties or
professional responsibilities put the officer or firefighter at
risk for the type of illness or injury actually sustained. A
final determination by the panel is binding on the applicant and
the employer, subject to any right of judicial review.
Applications must be made within 90 days of receipt of approval
of a duty-related pension and must be acted upon by the panel
within 90 days of receipt. Applications that are not acted upon
within 90 days of receipt by the panel are approved.
Applications and supporting documents are private data.
(b) This subdivision expires July 1, 2008.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to duty-related pension approvals made on or after
that date.
Sec. 8. Minnesota Statutes 2004, section 299A.465, is
amended by adding a subdivision to read:
Subd. 7. [COURSE AND SCOPE OF DUTIES PANEL.] (a) A panel
is established for the purpose set forth in subdivision 6,
composed of the following seven members:
(1) two members recommended by the Minnesota League of
Cities or a successor;
(2) one member recommended by the Association of Minnesota
Counties or a successor;
(3) two members recommended by the Minnesota Police and
Peace Officers Association or a successor;
(4) one member recommended by the Minnesota Professional
Firefighters Association or a successor; and
(5) one nonorganizational member recommended by the six
organizational members.
(b) Recommendations must be forwarded to the commissioner
of public safety who shall appoint the recommended members after
determining that they were properly recommended. Members shall
serve for two years or until their successors have been seated.
No member may serve more than three consecutive terms.
Vacancies on the panel must be filled by recommendation by the
organization whose representative's seat has been vacated. A
vacancy of the nonorganizational seat must be filled by the
recommendation of the panel. Vacancies may be declared by the
panel in cases of resignation or when a member misses three or
more consecutive meetings, or by a nominating organization when
its nominee is no longer a member in good standing of the
organization, an employee of the organization, or an employee of
a member in good standing of the organization. A member
appointed because of a vacancy shall serve until the expiration
of the vacated term.
(c) Panel members shall be reimbursed for expenses related
to their duties according to section 15.059, subdivision 3,
paragraph (a), but shall not receive compensation or per diem
payments. The panel's proceedings and determinations constitute
a quasi-judicial process and its operation must comply with
chapter 14. Membership on the panel does not constitute holding
a public office and members of the panel are not required to
take and file oaths of office or submit a public official's bond
before serving on the panel. No member of the panel may be
disqualified from holding any public office or employment by
reason of being appointed to the panel. Members of the panel
and staff or consultants working with the panel are covered by
the immunity provision in section 214.34, subdivision 2. The
panel shall elect a chair and adopt rules of order. The panel
shall convene no later than July 1, 2005.
(d) This subdivision expires July 1, 2008.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Minnesota Statutes 2004, section 299C.095,
subdivision 1, is amended to read:
Subdivision 1. [ACCESS TO DATA ON JUVENILES.] (a) The
bureau shall administer and maintain the computerized juvenile
history record system based on sections 260B.171 and 260C.171
and other statutes requiring the reporting of data on
juveniles. The data in the system are private data as defined
in section 13.02, subdivision 12, but are accessible to criminal
justice agencies as defined in section 13.02, subdivision 3a, to
all trial courts and appellate courts, to a person who has
access to the juvenile court records as provided in sections
260B.171 and 260C.171 or under court rule, to public defenders
as provided in section 611.272, and to criminal justice agencies
in other states in the conduct of their official duties.
(b) Except for access authorized under paragraph (a), the
bureau shall only disseminate a juvenile adjudication history
record in connection with a background check required by statute
or rule and performed on a licensee, license applicant, or
employment applicant or performed under section 299C.62 or
624.713. If the background check is performed under section
299C.62, juvenile adjudication history disseminated under this
paragraph is limited to offenses that would constitute a
background check crime as defined in section 299C.61,
subdivision 2. A consent for release of information from an
individual who is the subject of a juvenile adjudication history
is not effective and the bureau shall not release a juvenile
adjudication history record and shall not release information in
a manner that reveals the existence of the record. Data
maintained under section 243.166, released in conjunction with a
background check, regardless of the age of the offender at the
time of the offense, does not constitute releasing information
in a manner that reveals the existence of a juvenile
adjudication history.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 10. Minnesota Statutes 2004, section 299C.11, is
amended to read:
299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]
(a) Each sheriff and chief of police shall furnish the
bureau, upon such form as the superintendent shall prescribe,
with such finger and thumb prints, photographs, distinctive
physical mark identification data, information on known aliases
and street names, and other identification data as may be
requested or required by the superintendent of the bureau, which
must be taken under the provisions of section 299C.10. In
addition, sheriffs and chiefs of police shall furnish this
identification data to the bureau for individuals found to have
been convicted of a felony, gross misdemeanor, or targeted
misdemeanor, within the ten years immediately preceding their
arrest. When the bureau learns that an individual who is the
subject of a background check has used, or is using, identifying
information, including, but not limited to, name and date of
birth, other than those listed on the criminal history, the
bureau may add the new identifying information to the criminal
history when supported by fingerprints.
(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of
probable cause; or
(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.
Where these conditions are met, the bureau or agency shall, upon
demand, return to the arrested person finger and thumb prints,
photographs, distinctive physical mark identification data,
information on known aliases and street names, and other
identification data, and all copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data, and all copies and
duplicates of them if the arrested person has not been convicted
of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such
determination.
(d) DNA samples and DNA records of the arrested person
shall not be returned, sealed, or destroyed as to a charge
supported by probable cause.
(e) For purposes of this section:
(1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:
(i) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or chapter 609A;
(ii) the arrested person's successful completion of a
diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under section 638.02; and
(2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 11. Minnesota Statutes 2004, section 326.3382, is
amended by adding a subdivision to read:
Subd. 5. [SPECIAL PROTECTIVE AGENT CLASSIFICATION.] The
board shall establish a special protective agent license
classification that provides that a person described in section
326.338, subdivision 4, clause (4), who is otherwise qualified
under this section need not meet the requirements of subdivision
2, paragraph (c).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 12. Minnesota Statutes 2004, section 340A.301,
subdivision 6, is amended to read:
Subd. 6. [FEES.] The annual fees for licenses under this
section are as follows:
(a) Manufacturers (except as provided
in clauses (b) and (c)) $15,000 $30,000
Duplicates $ 3,000
(b) Manufacturers of wines of not more
than 25 percent alcohol by volume $ 500
(c) Brewers other than those described
in clauses (d) and (i) $ 2,500 4,000
(d) Brewers who also hold one or more
retail on-sale licenses and who
manufacture fewer than 3,500 barrels
of malt liquor in a year, at any one
licensed premises, using only wort produced
in Minnesota, the entire
production of which is solely
for consumption on tap on the
licensed premises or for off-sale
from that licensed premises.
A brewer licensed
under this clause must obtain a separate
license for each licensed premises where
the brewer brews malt liquor. A brewer
licensed under this clause may not be
licensed as an importer under this chapter $ 500
(e) Wholesalers (except as provided in
clauses (f), (g), and (h)) $15,000
Duplicates $ 3,000
(f) Wholesalers of wines of not more
than 25 percent alcohol by volume $ 2,000 3,750
(g) Wholesalers of intoxicating
malt liquor $ 600 1,000
Duplicates $ 25
(h) Wholesalers of 3.2 percent
malt liquor $ 10
(i) Brewers who manufacture fewer than
2,000 barrels of malt liquor in a year $ 150
If a business licensed under this section is destroyed, or
damaged to the extent that it cannot be carried on, or if it
ceases because of the death or illness of the licensee, the
commissioner may refund the license fee for the balance of the
license period to the licensee or to the licensee's estate.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 13. Minnesota Statutes 2004, section 340A.302,
subdivision 3, is amended to read:
Subd. 3. [FEES.] Annual fees for licenses under this
section, which must accompany the application, are as follows:
Importers of distilled spirits, wine,
or ethyl alcohol $420
Importers of malt liquor $800
$1,600
If an application is denied, $100 of the fee shall be
retained by the commissioner to cover costs of investigation.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 14. Minnesota Statutes 2004, section 340A.311, is
amended to read:
340A.311 [BRAND REGISTRATION.]
(a) A brand of intoxicating liquor or 3.2 percent malt
liquor may not be manufactured, imported into, or sold in the
state unless the brand label has been registered with and
approved by the commissioner. A brand registration must be
renewed every three years in order to remain in effect. The fee
for an initial brand registration is $30 $40. The fee for brand
registration renewal is $20 $30. The brand label of a brand of
intoxicating liquor or 3.2 percent malt liquor for which the
brand registration has expired, is conclusively deemed abandoned
by the manufacturer or importer.
(b) In this section "brand" and "brand label" include
trademarks and designs used in connection with labels.
(c) The label of any brand of wine or intoxicating or
nonintoxicating malt beverage may be registered only by the
brand owner or authorized agent. No such brand may be imported
into the state for sale without the consent of the brand owner
or authorized agent. This section does not limit the provisions
of section 340A.307.
(d) The commissioner shall refuse to register a malt liquor
brand label, and shall revoke the registration of a malt liquor
brand label already registered, if the brand label states or
implies in a false or misleading manner a connection with an
actual living or dead American Indian leader. This paragraph
does not apply to a brand label registered for the first time in
Minnesota before January 1, 1992.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 15. Minnesota Statutes 2004, section 340A.404,
subdivision 12, is amended to read:
Subd. 12. [CATERER'S PERMIT.] The commissioner may issue a
caterer's permit to a restaurant that holds an on-sale
intoxicating liquor license issued by any municipality. The
holder of a caterer's permit may sell intoxicating liquor as an
incidental part of a food service that serves prepared meals at
a place other than the premises for which the holder's on-sale
intoxicating liquor license is issued.
(a) A caterer's permit is auxiliary to the primary on-sale
license held by the licensee.
(b) The restrictions and regulations which apply to the
sale of intoxicating liquor on the licensed premises also apply
to the sale under the authority of a caterer's permit, and any
act that is prohibited on the licensed premises is also
prohibited when the licensee is operating other than on the
licensed premises under a caterer's permit.
(c) Any act, which if done on the licensed premises would
be grounds for cancellation or suspension of the on-sale
licensee, is grounds for cancellation of both the on-sale
license and the caterer's permit if done when the permittee is
operating away from the licensed premises under the authority of
the caterer's permit.
(d) The permittee shall notify prior to any catered event:
(1) the police chief of the city where the event will take
place, if the event will take place within the corporate limits
of a city; or
(2) the county sheriff of the county where the event will
take place, if the event will be outside the corporate limits of
any city.
(e) If the primary license ceases to be valid for any
reason, the caterer's permit ceases to be valid.
(f) Permits issued under this subdivision are subject to
all laws and ordinances governing the sale of intoxicating
liquor except those laws and ordinances which by their nature
are not applicable.
(g) The annual state fee for a caterer's permit
is $200 $300.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 16. Minnesota Statutes 2004, section 340A.408,
subdivision 4, is amended to read:
Subd. 4. [LAKE SUPERIOR, ST. CROIX RIVER, AND MISSISSIPPI
RIVER TOUR BOATS; COMMON CARRIERS.] (a) The annual license fee
for licensing of Lake Superior, St. Croix River, and Mississippi
River tour boats under section 340A.404, subdivision 8, shall be
$1,000 $1,500. The commissioner shall transmit one-half of this
fee to the governing body of the city that is the home port of
the tour boat or to the county in which the home port is located
if the home port is outside a city.
(b) The annual license fee for common carriers licensed
under section 340A.407 is:
(1) $50 for 3.2 percent malt liquor, and $20 for a
duplicate license; and
(2) $200 $250 for intoxicating liquor, and $20 $30 for a
duplicate license.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 17. Minnesota Statutes 2004, section 340A.414,
subdivision 6, is amended to read:
Subd. 6. [PERMIT FEES.] The annual fee for issuance of a
permit under this section is $150 $250. The governing body of a
city or county where the establishment is located may impose an
additional fee of not more than $300.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 18. Minnesota Statutes 2004, section 340A.504,
subdivision 3, is amended to read:
Subd. 3. [INTOXICATING LIQUOR; SUNDAY SALES; ON-SALE.] (a)
A restaurant, club, bowling center, or hotel with a seating
capacity for at least 30 persons and which holds an on-sale
intoxicating liquor license may sell intoxicating liquor for
consumption on the premises in conjunction with the sale of food
between the hours of 12:00 noon on Sundays and 2:00 a.m. on
Mondays.
(b) The governing body of a municipality may after one
public hearing by ordinance permit a restaurant, hotel, bowling
center, or club to sell alcoholic beverages for consumption on
the premises in conjunction with the sale of food between the
hours of 10:00 a.m. on Sundays and 2:00 a.m. on Mondays,
provided that the licensee is in conformance with the Minnesota
Clean Air Act.
(c) An establishment serving intoxicating liquor on Sundays
must obtain a Sunday license. The license must be issued by the
governing body of the municipality for a period of one year, and
the fee for the license may not exceed $200.
(d) A city may issue a Sunday intoxicating liquor license
only if authorized to do so by the voters of the city voting on
the question at a general or special election. A county may
issue a Sunday intoxicating liquor license in a town only if
authorized to do so by the voters of the town as provided in
paragraph (e). A county may issue a Sunday intoxicating liquor
license in unorganized territory only if authorized to do so by
the voters of the election precinct that contains the licensed
premises, voting on the question at a general or special
election.
(e) An election conducted in a town on the question of the
issuance by the county of Sunday sales licenses to
establishments located in the town must be held on the day of
the annual election of town officers.
(f) Voter approval is not required for licenses issued by
the Metropolitan Airports Commission or common carrier licenses
issued by the commissioner. Common carriers serving
intoxicating liquor on Sunday must obtain a Sunday license from
the commissioner at an annual fee of $50 $75, plus $20 $30 for
each duplicate.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 19. Minnesota Statutes 2004, section 340A.504,
subdivision 7, is amended to read:
Subd. 7. [SALES AFTER 1:00 A.M.; PERMIT FEE.] (a) No
licensee may sell intoxicating liquor or 3.2 percent malt liquor
on-sale between the hours of 1:00 a.m. and 2:00 a.m. unless the
licensee has obtained a permit from the commissioner.
Application for the permit must be on a form the commissioner
prescribes. Permits are effective for one year from date of
issuance. For retailers of intoxicating liquor, the fee for the
permit is based on the licensee's gross receipts from on-sales
of alcoholic beverages in the 12 months prior to the month in
which the permit is issued, and is at the following rates:
(1) up to $100,000 in gross receipts, $200 $300;
(2) over $100,000 but not over $500,000 in gross receipts,
$500 $750; and
(3) over $500,000 in gross receipts, $600 $1,000.
For a licensed retailer of intoxicating liquor who did not sell
intoxicating liquor at on-sale for a full 12 months prior to the
month in which the permit is issued, the fee is $200. For a
retailer of 3.2 percent malt liquor, the fee is $200.
(b) The commissioner shall deposit all permit fees received
under this subdivision in the alcohol enforcement account in the
special revenue fund.
(c) Notwithstanding any law to the contrary, the
commissioner of revenue may furnish to the commissioner the
information necessary to administer and enforce this subdivision.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 20. Minnesota Statutes 2004, section 518B.01, is
amended by adding a subdivision to read:
Subd. 23. [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a)
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable
time off from work to obtain or attempt to obtain relief under
this chapter. Except in cases of imminent danger to the health
or safety of the employee or the employee's child, or unless
impracticable, an employee who is absent from the workplace
shall give 48 hours' advance notice to the employer. Upon
request of the employer, the employee shall provide verification
that supports the employee's reason for being absent from the
workplace. All information related to the employee's leave
pursuant to this section shall be kept confidential by the
employer.
(b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In
addition, the court shall order the employer to pay back wages
and offer job reinstatement to any employee discharged from
employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a
civil action for recovery of damages, together with costs and
disbursements, including reasonable attorney's fees, and may
receive such injunctive and other equitable relief, including
reinstatement, as determined by the court.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 21. Minnesota Statutes 2004, section 609.748, is
amended by adding a subdivision to read:
Subd. 10. [PROHIBITION AGAINST EMPLOYER RETALIATION.] (a)
An employer shall not discharge, discipline, threaten, otherwise
discriminate against, or penalize an employee regarding the
employee's compensation, terms, conditions, location, or
privileges of employment, because the employee took reasonable
time off from work to obtain or attempt to obtain relief under
this section. Except in cases of imminent danger to the health
or safety of the employee or the employee's child, or unless
impracticable, an employee who is absent from the workplace
shall give 48 hours' advance notice to the employer. Upon
request of the employer, the employee shall provide verification
that supports the employee's reason for being absent from the
workplace. All information related to the employee's leave
pursuant to this section shall be kept confidential by the
employer.
(b) An employer who violates paragraph (a) is guilty of a
misdemeanor and may be punished for contempt of court. In
addition, the court shall order the employer to pay back wages
and offer job reinstatement to any employee discharged from
employment in violation of paragraph (a).
(c) In addition to any remedies otherwise provided by law,
an employee injured by a violation of paragraph (a) may bring a
civil action for recovery of damages, together with costs and
disbursements, including reasonable attorney's fees, and may
receive such injunctive and other equitable relief, including
reinstatement, as determined by the court.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 22. Minnesota Statutes 2004, section 611A.01, is
amended to read:
611A.01 [DEFINITIONS.]
For the purposes of sections 611A.01 to 611A.06:
(a) "crime" means conduct that is prohibited by local
ordinance and results in bodily harm to an individual; or
conduct that is included within the definition of "crime" in
section 609.02, subdivision 1, or would be included within that
definition but for the fact that (i) the person engaging in the
conduct lacked capacity to commit the crime under the laws of
this state, or (ii) the act was alleged or found to have been
committed by a juvenile;
(b) "victim" means a natural person who incurs loss or harm
as a result of a crime, including a good faith effort to prevent
a crime, and for purposes of sections 611A.04 and 611A.045, also
includes (i) a corporation that incurs loss or harm as a result
of a crime, (ii) a government entity that incurs loss or harm as
a result of a crime, and (iii) any other entity authorized to
receive restitution under section 609.10 or 609.125. If the
victim is a natural person and is deceased, "victim" means the
deceased's surviving spouse or next of kin The term "victim"
includes the family members, guardian, or custodian of a minor,
incompetent, incapacitated, or deceased person. In a case where
the prosecutor finds that the number of family members makes it
impracticable to accord all of the family members the rights
described in sections 611A.02 to 611A.0395, the prosecutor shall
establish a reasonable procedure to give effect to those
rights. The procedure may not limit the number of victim impact
statements submitted to the court under section 611A.038. The
term "victim" does not include the person charged with or
alleged to have committed the crime; and
(c) "juvenile" has the same meaning as given to the term
"child" in section 260B.007, subdivision 3.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 23. Minnesota Statutes 2004, section 611A.036, is
amended to read:
611A.036 [PROHIBITION AGAINST EMPLOYER RETALIATION.]
Subdivision 1. [VICTIM OR WITNESS.] An employer or
employer's agent who threatens to discharge or discipline must
allow a victim or witness, or who discharges, disciplines, or
causes a victim or witness to be discharged from employment or
disciplined because the victim or the witness who is subpoenaed
or requested by the prosecutor to attend court for the purpose
of giving testimony, is guilty of a misdemeanor and may be
punished for contempt of court. In addition, the court shall
order the employer to offer job reinstatement to any victim or
witness discharged from employment in violation of this section,
and to pay the victim or witness back wages as
appropriate reasonable time off from work to attend criminal
proceedings related to the victim's case.
Subd. 2. [VICTIM'S SPOUSE OR NEXT OF KIN.] An employer
must allow a victim of a heinous crime, as well as the victim's
spouse or next of kin, reasonable time off from work to attend
criminal proceedings related to the victim's case.
Subd. 3. [PROHIBITED ACTS.] An employer shall not
discharge, discipline, threaten, otherwise discriminate against,
or penalize an employee regarding the employee's compensation,
terms, conditions, location, or privileges of employment,
because the employee took reasonable time off from work to
attend a criminal proceeding pursuant to this section.
Subd. 4. [VERIFICATION; CONFIDENTIALITY.] An employee who
is absent from the workplace shall give 48 hours' advance notice
to the employer, unless impracticable or an emergency prevents
the employee from doing so. Upon request of the employer, the
employee shall provide verification that supports the employee's
reason for being absent from the workplace. All information
related to the employee's leave pursuant to this section shall
be kept confidential by the employer.
Subd. 5. [PENALTY.] An employer who violates this section
is guilty of a misdemeanor and may be punished for contempt of
court. In addition, the court shall order the employer to offer
job reinstatement to any employee discharged from employment in
violation of this section, and to pay the employee back wages as
appropriate.
Subd. 6. [CIVIL ACTION.] In addition to any remedies
otherwise provided by law, an employee injured by a violation of
this section may bring a civil action for recovery for damages,
together with costs and disbursements, including reasonable
attorney's fees, and may receive such injunctive and other
equitable relief, including reinstatement, as determined by the
court.
Subd. 7. [DEFINITION.] As used in this section, "heinous
crime" means:
(1) a violation or attempted violation of section 609.185
or 609.19;
(2) a violation of section 609.195 or 609.221; or
(3) a violation of section 609.342, 609.343, or 609.344, if
the offense was committed with force or violence or if the
complainant was a minor at the time of the offense.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 24. Minnesota Statutes 2004, section 611A.19, is
amended to read:
611A.19 [TESTING OF SEX OFFENDER FOR HUMAN IMMUNODEFICIENCY
VIRUS.]
Subdivision 1. [TESTING ON REQUEST OF VICTIM.] (a) Upon
the request or with the consent of the victim, the prosecutor
shall make a motion in camera and the sentencing court shall
issue an order requiring an adult convicted of or a juvenile
adjudicated delinquent for violating section 609.342 (criminal
sexual conduct in the first degree), 609.343 (criminal sexual
conduct in the second degree), 609.344 (criminal sexual conduct
in the third degree), 609.345 (criminal sexual conduct in the
fourth degree), or any other violent crime, as defined in
section 609.1095, to submit to testing to determine the presence
of human immunodeficiency virus (HIV) antibody if:
(1) the crime involved sexual penetration, however slight,
as defined in section 609.341, subdivision 12; or
(2) evidence exists that the broken skin or mucous membrane
of the victim was exposed to or had contact with the offender's
semen or blood during the commission of the crime in a manner
which has been demonstrated epidemiologically to transmit the
human immunodeficiency virus (HIV).
(b) When the court orders an offender to submit to testing
under paragraph (a), the court shall order that the test be
performed by an appropriate health professional who is trained
to provide the counseling described in section 144.7414, and
that no reference to the test, the motion requesting the test,
the test order, or the test results may appear in the criminal
record or be maintained in any record of the court or court
services, except in the medical record maintained by the
Department of Corrections.
(c) The order shall include the name and contact
information of the victim's choice of health care provider.
Subd. 2. [DISCLOSURE OF TEST RESULTS.] The date and
results of a test performed under subdivision 1 are private data
as defined in section 13.02, subdivision 12, when maintained by
a person subject to chapter 13, or may be released only with the
subject's consent, if maintained by a person not subject to
chapter 13. The results are available, on request, to the
victim or, if the victim is a minor, to the victim's parent or
guardian and positive test results shall be reported to the
commissioner of health. Unless the subject of the test is an
inmate at a state correctional facility, any test results given
to a victim or victim's parent or guardian shall be provided by
a health professional who is trained to provide the counseling
described in section 144.7414. If the subject of the test is an
inmate at a state correctional facility, test results shall be
given by the Department of Corrections' medical director to the
victim's health care provider who shall give the results to the
victim or victim's parent or guardian. Data regarding
administration and results of the test are not accessible to any
other person for any purpose and shall not be maintained in any
record of the court or court services or any other record.
After the test results are given to the victim or the victim's
parent or guardian, data on the test must be removed from any
medical data or health records maintained under section 13.384
or 144.335 and destroyed, except for those medical records
maintained by the Department of Corrections.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 25. Minnesota Statutes 2004, section 611A.53,
subdivision 1b, is amended to read:
Subd. 1b. [MINNESOTA RESIDENTS INJURED ELSEWHERE.] (a) A
Minnesota resident who is the victim of a crime committed
outside the geographical boundaries of this state but who
otherwise meets the requirements of this section shall have the
same rights under this chapter as if the crime had occurred
within this state upon a showing that the state, territory, or
United States possession, country, or political subdivision of a
country in which the crime occurred does not have a crime victim
reparations law covering the resident's injury or death.
(b) Notwithstanding paragraph (a), a Minnesota resident who
is the victim of a crime involving international terrorism who
otherwise meets the requirements of this section has the same
rights under this chapter as if the crime had occurred within
this state regardless of where the crime occurred or whether the
jurisdiction has a crime victims reparations law.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to those seeking reparations on or after that date.
Sec. 26. [SPECIAL REVENUE SPENDING AUTHORIZATION FROM
CRIMINAL JUSTICE SPECIAL PROJECTS ACCOUNT.]
Remaining balances in the special revenue fund from
spending authorized by Laws 2001, First Special Session chapter
8, article 7, section 14, subdivision 1, for which spending
authorization ended June 30, 2003, under Laws 2001, First
Special Session, chapter 8, article 7, section 14, subdivision
3, are transferred to the general fund.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 27. [HOMELESSNESS PILOT PROJECTS; GRANTS.]
Subdivision 1. [GRANTS.] The commissioner of public
safety, in consultation with the director of ending long-term
homelessness, the Ending Long-Term Homelessness Advisory
Council, and the Department of Human Services Office of Economic
Opportunity, shall award grants to organizations that provide
homeless outreach and a bridge to stable housing and services
for the homeless. At a minimum, the commissioner shall award
grants to qualified applicants in Hennepin County, Ramsey
County, and one county outside the seven-county metropolitan
area. An entity outside the seven-county metropolitan area
receiving a grant under this section shall provide a 25 percent
match. An entity within the seven-county metropolitan area
receiving a grant under this section shall provide a 50 percent
match. Grants must be used for homelessness pilot projects of a
two-year duration that reduce recidivism and promote stronger
communities through street and shelter outreach to connect
people experiencing homelessness to housing and services.
Subd. 2. [APPLICATIONS.] An applicant for a grant under
subdivision 1 must establish that:
(1) the applicant is experienced in homeless outreach
services and will have staff qualified to work with people with
serious mental illness, chemical dependency, and other factors
contributing to homelessness;
(2) the applicant employs outreach staff who are trained
and qualified to work with racially and culturally diverse
populations;
(3) outreach services will be targeted to, but not limited
to, people experiencing long-term homelessness, and people who
have had repeated interactions with law enforcement;
(4) outreach services will provide intervention strategies
linking people to housing and services as an alternative to
arrest;
(5) the applicant has a plan to connect people experiencing
homelessness to services for which they may be eligible such as
supplemental security income, veterans benefits, health care,
housing assistance, and long-term support programs for those
with serious mental illness;
(6) the applicant's project will promote community
collaboration with local law enforcement, local and county
governments, social services providers, mental health crisis
providers, and other community organizations to address
homelessness;
(7) the applicant has a plan to leverage resources from the
entities listed in clause (6) and other private sources to
accomplish the goal of moving people into housing and services;
and
(8) the applicant has a plan for evaluation of the
applicant's pilot project that is designed to measure the
program's effectiveness in connecting people experiencing
homelessness to housing and services and reducing the use of
public safety and corrections resources.
Subd. 3. [ANNUAL REPORT.] Grant recipients shall report to
the commissioner by June 30, 2006, and June 30, 2007, on the
services provided, expenditures of grant money, and an
evaluation of the program's success in: (1) connecting
individuals experiencing homelessness to housing and services;
and (2) reducing the use of public safety and corrections
resources. The commissioner shall submit reports to the chairs
and ranking minority members of the house of representatives and
senate committees having jurisdiction over public safety and
health and human services by November 1, 2006, and November 1,
2007. The commissioner's reports must explain how the grant
proceeds were used and evaluate the effectiveness of the pilot
projects funded by the grants.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 28. [TRANSFER OF RESPONSIBILITIES.]
The responsibility of the Department of Employment and
Economic Development for the youth intervention program is
transferred to the Department of Public Safety.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 29. [REVISOR INSTRUCTION.]
The revisor of statutes shall renumber Minnesota Statutes,
section 116L.30 as section 299A.73. The revisor shall also make
necessary cross-reference changes consistent with the
renumbering.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
ARTICLE 9
FIRE MARSHAL
Section 1. Minnesota Statutes 2004, section 84.362, is
amended to read:
84.362 [REMOVAL OF STRUCTURES.]
Until after the sale of any parcel of tax-forfeited land,
whether classified as agricultural or nonagricultural hereunder,
the county auditor may, with the approval of the commissioner,
provide:
(1) for the sale or demolition of any structure located
thereon, which on the land that has been determined by the
county board to be within the purview of section 299F.10,
especially liable to fire or so situated as to endanger life or
limb or other buildings or property in the vicinity because of
age, dilapidated condition, defective chimney, defective
electric wiring, any gas connection, heating apparatus, or other
defect; and
(2) for the sale of salvage material, if any, therefrom.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 231.08,
subdivision 5, as added by Laws 2005, chapter 92, section 3, is
amended to read:
Subd. 5. [FIRE PROTECTION.] All warehouses must be
protected against fire by an automatic device or fire
extinguishers in accordance with the State Fire Code.
Sec. 3. Minnesota Statutes 2004, section 282.04,
subdivision 2, is amended to read:
Subd. 2. [RIGHTS BEFORE SALE; IMPROVEMENTS, INSURANCE,
DEMOLITION.] (a) Before the sale of a parcel of forfeited land
the county auditor may, with the approval of the county board of
commissioners, provide for the repair and improvement of any
building or structure located upon the parcel, and may provide
for maintenance of tax-forfeited lands, if it is determined by
the county board that such repairs, improvements, or maintenance
are necessary for the operation, use, preservation, and safety
of the building or structure.
(b) If so authorized by the county board, the county
auditor may insure the building or structure against loss or
damage resulting from fire or windstorm, may purchase workers'
compensation insurance to insure the county against claims for
injury to the persons employed in the building or structure by
the county, and may insure the county, its officers and
employees against claims for injuries to persons or property
because of the management, use, or operation of the building or
structure.
(c) The county auditor may, with the approval of the county
board, provide:
(1) for the demolition of the building or structure, which
has been determined by the county board to be within the purview
of section 299F.10, especially liable to fire or so situated as
to endanger life or limb or other buildings or property in the
vicinity because of age, dilapidated condition, defective
chimney, defective electric wiring, any gas connection, heating
apparatus, or other defect; and
(2) for the sale of salvaged materials from the building or
structure.
(d) The county auditor, with the approval of the county
board, may provide for the sale of abandoned personal property.
The sale may be made by the sheriff using the procedures for the
sale of abandoned property in section 345.15 or by the county
auditor using the procedures for the sale of abandoned property
in section 504B.271. The net proceeds from any sale of the
personal property, salvaged materials, timber or other products,
or leases made under this law must be deposited in the forfeited
tax sale fund and must be distributed in the same manner as if
the parcel had been sold.
(e) The county auditor, with the approval of the county
board, may provide for the demolition of any structure on
tax-forfeited lands, if in the opinion of the county board, the
county auditor, and the land commissioner, if there is one, the
sale of the land with the structure on it, or the continued
existence of the structure by reason of age, dilapidated
condition or excessive size as compared with nearby structures,
will result in a material lessening of net tax capacities of
real estate in the vicinity of the tax-forfeited lands, or if
the demolition of the structure or structures will aid in
disposing of the tax-forfeited property.
(f) Before the sale of a parcel of forfeited land located
in an urban area, the county auditor may with the approval of
the county board provide for the grading of the land by filling
or the removal of any surplus material from it. If the physical
condition of forfeited lands is such that a reasonable grading
of the lands is necessary for the protection and preservation of
the property of any adjoining owner, the adjoining property
owner or owners may apply to the county board to have the
grading done. If, after considering the application, the county
board believes that the grading will enhance the value of the
forfeited lands commensurate with the cost involved, it may
approve it, and the work must be performed under the supervision
of the county or city engineer, as the case may be, and the
expense paid from the forfeited tax sale fund.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 4. Minnesota Statutes 2004, section 299F.011,
subdivision 7, is amended to read:
Subd. 7. [FEES.] A fee of $100 shall be charged by The
state fire marshal shall charge a fee of $100 for each plan
review involving:
(1) flammable liquids under Minnesota Rules, part
7510.3650;
(2) motor vehicle fuel-dispensing stations under Minnesota
Rules, part 7510.3610; or
(3) liquefied petroleum gases under Minnesota Rules, part
7510.3670.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 5. Minnesota Statutes 2004, section 299F.014, is
amended to read:
299F.014 [RULES FOR CERTAIN PETROLEUM STORAGE TANKS; TANK
VEHICLE PARKING.]
(a) Any rule of the commissioner of public safety that
adopts provisions of the Uniform State Fire Code relating to
aboveground tanks for petroleum storage that are not used for
dispensing to the public is superseded by Minnesota Rules,
chapter 7151, in regard to: secondary containment, substance
transfer areas, tank and piping standards, overfill protection,
corrosion protection, leak detection, labeling, monitoring,
maintenance, record keeping, and decommissioning. If Minnesota
Rules, chapter 7151, does not address an issue relating to
aboveground tanks for petroleum storage that are not used for
dispensing to the public, any applicable provision of the
Uniform State Fire Code, 1997 Edition, shall apply applies.
(b) A motorized tank vehicle used to transport petroleum
products may be parked within 500 feet of a residence if the
vehicle is parked at an aboveground tank facility used for
dispensing petroleum into cargo tanks for sale at another
location.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 6. Minnesota Statutes 2004, section 299F.05, is
amended to read:
299F.05 [LAW ENFORCEMENT POWERS; INFORMATION SYSTEM.]
Subdivision 1. [INVESTIGATION, ARREST, AND PROSECUTION.]
The state fire marshal, On determining that reasonable grounds
exist to believe that a violation of sections 609.561 to 609.576
has occurred, or reasonable grounds to believe that some other
crime has occurred in connection with a fire investigated
pursuant to section 299F.04, the state fire marshal shall so
inform the superintendent of the Bureau of Criminal
Apprehension. The superintendent law enforcement authority
having jurisdiction, who shall cooperate with the fire marshal
and local fire officials in further investigating the reported
incident in a manner which that may include supervising and
directing the subsequent criminal investigation, and taking the
testimony on oath of all persons supposed to be cognizant of any
facts relating to the matter under investigation. If the
superintendent believes On determining that there is evidence
sufficient to charge any person with a violation of sections
609.561 to 609.576, or of any other crime in connection with an
investigated fire, the superintendent authority having
jurisdiction shall arrest or cause have the person to be
arrested and charged with the offense and furnish to the proper
prosecuting attorney all relevant evidence, together with the
copy of all names of witnesses and all the information obtained
by the superintendent authority or the state fire marshal,
including a copy of all pertinent and material testimony taken
in the case.
Subd. 2. [INFORMATION SYSTEM.] The state fire marshal and
the superintendent of the Bureau of Criminal Apprehension shall
maintain a record of arrests, charges filed, and final
disposition of all fires reported and investigated under
sections 299F.04 and 299F.05. For this purpose, the Department
of Public Safety shall implement a single reporting system shall
be implemented by the Department of Public Safety utilizing the
systems operated by the fire marshal and the bureau. The system
shall must be operated in such a way as to minimize duplication
and discrepancies in reported figures.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 7. Minnesota Statutes 2004, section 299F.051,
subdivision 4, is amended to read:
Subd. 4. [COOPERATIVE INVESTIGATION; REIMBURSEMENT.] The
state fire marshal and the superintendent of the Bureau of
Criminal Apprehension shall encourage the cooperation of local
firefighters and peace officers in the investigation of
violations of sections 609.561 to 609.576 or other crimes
associated with reported fires in all appropriate ways,
including providing reimbursement to political subdivisions at a
rate not to exceed 50 percent of the salaries of peace officers
and firefighters for time spent in attending fire investigation
training courses offered by the arson training unit. Volunteer
firefighters from a political subdivision shall be reimbursed at
the rate of $35 per day plus expenses incurred in attending fire
investigation training courses offered by the arson training
unit. Reimbursement shall be made only in the event that both a
peace officer and a firefighter from the same political
subdivision attend the same training course. The reimbursement
shall be subject to the limitation of funds appropriated and
available for expenditure. The state fire marshal and the
superintendent also shall encourage local firefighters and peace
officers to seek assistance from the arson strike force
established in section 299F.058.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 8. Minnesota Statutes 2004, section 299F.06,
subdivision 1, is amended to read:
Subdivision 1. [SUMMON WITNESSES; PRODUCE DOCUMENTARY
EVIDENCE.] (a) In order to establish if reasonable grounds exist
to believe that a violation of sections 609.561 to 609.576, has
occurred, or to determine compliance with the Uniform State Fire
Code or corrective orders issued thereunder under that code, the
state fire marshal and the staff designated by the state fire
marshal shall have the power, in any county of the state to, may
summon and compel the attendance of witnesses to testify before
the state fire marshal, chief assistant fire marshal, or deputy
state fire marshals, and may require the production of any book,
paper, or document deemed pertinent. The state fire marshal may
also designate certain individuals from fire departments in
cities of the first class and cities of the second class as
having the powers set forth in this paragraph. These designated
individuals may only exercise their powers in a manner
prescribed by the state fire marshal. "Fire department" has the
meaning given in section 299F.092, subdivision 6. "Cities of
the first class" and "cities of the second class" have the
meanings given in section 410.01.
(b) A summons issued under this subdivision shall must be
served in the same manner and have has the same effect as
subpoenas a subpoena issued from a district courts court. All
witnesses shall must receive the same compensation as is paid to
witnesses in district courts, which shall must be paid out of
the fire marshal fund upon vouchers a voucher certificate signed
by the state fire marshal, chief assistant fire marshal, or
deputy fire marshal before whom any witnesses shall have
attended and this officer shall, at the close of the
investigation wherein in which the witness was subpoenaed,
certify to the attendance and mileage of the witness, which.
This certificate shall must be filed in the Office of the State
Fire Marshal. All investigations held by or under the direction
of the state fire marshal, or any subordinate, may, in the state
fire marshal's discretion, be private and persons other than
those required to be present by the provisions of this chapter
may be excluded from the place where the investigation is held,
and witnesses may be kept separate and apart from each other and
not allowed to communicate with each other until they have been
examined.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 9. Minnesota Statutes 2004, section 299F.19,
subdivision 1, is amended to read:
Subdivision 1. [RULES.] The commissioner of public safety
shall adopt rules for the safekeeping, storage, handling, use,
or other disposition of flammable liquids, flammable gases,
blasting agents, and explosives. Loads carried in or on
vehicles transporting such these products upon public highways
within this state shall be are governed by the uniform vehicle
size and weights provisions in sections 169.80 to 169.88 and the
transportation of hazardous materials provisions of section
221.033. The rules for flammable liquids and flammable gases
shall be distinguished from each other and from the rules
covering other materials subject to regulation under this
subdivision.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 10. Minnesota Statutes 2004, section 299F.19,
subdivision 2, is amended to read:
Subd. 2. [BLASTING AGENT DEFINED; EXPLOSIVES CLASSIFIED.]
(a) For the purposes of this section, and the rules adopted
pursuant thereto, the term to this section:
(a) "Blasting agent" means any material or mixture,
consisting of a fuel and oxidizer, intended for blasting, not
otherwise classified as an explosive and in which none of the
ingredients is classified as an explosive,; providing that, the
finished product, as mixed and packaged for use or shipment,
cannot be detonated by means of a number 8 test blasting cap
when unconfined. The term "Blasting agent" does not include
flammable liquids or flammable gases.
(b) For the purposes of this section, and the rules adopted
pursuant thereto, "Explosive" means any chemical compound,
mixture, or device, the primary or common purpose of which is to
function by explosion. The term includes, but is not limited
to, dynamite, black powder, pellet powder, initiating
explosives, detonators, safety fuses, squibs, detonating cord,
igniter cord, igniters, display fireworks, and class 1.3G
fireworks (formerly classified as Class B special fireworks).
"Explosive" includes any material determined to be within the
scope of United States Code, title 18, chapter 40, and also
includes any material classified as an explosive other than
consumer fireworks, 1.4G (Class C, Common), by the hazardous
materials regulations of the United States Department of
Transportation (DOTn) in Code of Federal Regulations, title 49.
(c) Explosives are divided into three classes four
categories and are defined as follows:
(1) class A explosives: possessing detonating or otherwise
maximum hazard, such as dynamite, nitroglycerin, picric acid,
lead azide, fulminate of mercury, blasting caps, and detonating
primers;
(2) class B explosives: possessing flammable hazard, such
as propellant explosives (including some smokeless powders),
black powder, photographic flash powders, and some special
fireworks;
(3) class C explosives: includes certain types of
manufactured articles which contain class A, or class B
explosives, or both, as components but in restricted quantities.
The term explosive or explosives means any chemical compound,
mixture or device, the primary or common purpose of which is to
function by explosion; that is, with substantially instantaneous
release of gas and heat, unless such compound, mixture, or
device is otherwise specifically classified by the United States
Department of Transportation. The term explosives includes all
material which is classified as class A, class B, and class C
explosives by the United States Department of Transportation,
and includes, but is not limited to dynamite, black powder,
pellet powder, initiating explosives, blasting caps, electric
blasting caps, safety fuse, fuse lighters, fuse igniters,
squibs, cordeau detonate fuse, instantaneous fuse, igniter cord,
igniters, and some special fireworks. Commercial explosives are
those explosives which are intended to be used in commercial or
industrial operation. The term explosives does not include
flammable liquids or flammable gases.
(1) High explosive: explosive material, such as dynamite,
that can be caused to detonate by means of a number eight test
blasting cap when unconfined.
(2) Low explosive: explosive material that will burn or
deflagrate when ignited, characterized by a rate of reaction
that is less than the speed of sound, including, but not limited
to, black powder, safety fuse, igniters, igniter cord, fuse
lighters, class 1.3G fireworks (formerly classified as Class B
special fireworks), and class 1.3C propellants.
(3) Mass-detonating explosives: division 1.1, 1.2, and 1.5
explosives alone or in combination, or loaded into various types
of ammunition or containers, most of which can be expected to
explode virtually instantaneously when a small portion is
subjected to fire, severe concussion, impact, the impulse of an
initiating agent, or the effect of a considerable discharge of
energy from without. Materials that react in this manner
represent a mass explosion hazard. Such an explosive will
normally cause severe structural damage to adjacent objects.
Explosive propagation could occur immediately to other items of
ammunition and explosives stored sufficiently close to and not
adequately protected from the initially exploding pile with a
time interval short enough so that two or more quantities must
be considered as one for quantity-distance purposes.
(4) United Nations/United States Department of
Transportation (UN/DOTn) Class 1 explosives: the hazard class
of explosives that further defines and categorizes explosives
under the current system applied by DOTn for all explosive
materials into further divisions as follows, with the letter G
identifying the material as a pyrotechnic substance or article
containing a pyrotechnic substance and similar materials:
(i) Division 1.1 explosives have a mass explosion hazard.
A mass explosion is one that affects almost the entire load
instantaneously.
(ii) Division 1.2 explosives have a projection hazard but
not a mass explosion hazard.
(iii) Division 1.3 explosives have a fire hazard and either
a minor blast hazard or a minor projection hazard or both, but
not a mass explosion hazard.
(iv) Division 1.4 explosives pose a minor explosion
hazard. The explosive effects are largely confined to the
package and no projection of fragments of appreciable size or
range is to be expected. An external fire must not cause
virtually instantaneous explosion of almost the entire contents
of the package.
(v) Division 1.5 explosives are very insensitive and are
comprised of substances that have a mass explosion hazard, but
are so insensitive that there is very little probability of
initiation or of transition from burning to detonation under
normal conditions of transport.
(vi) Division 1.6 explosives are extremely insensitive and
do not have a mass explosion hazard, comprised of articles that
contain only extremely insensitive detonating substances and
that demonstrate a negligible probability of accidental
initiation or propagation.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 11. Minnesota Statutes 2004, section 299F.362,
subdivision 3, is amended to read:
Subd. 3. [SMOKE DETECTOR FOR ANY DWELLING.] Every dwelling
unit within a dwelling shall must be provided with a smoke
detector meeting the requirements of Underwriters Laboratories,
Inc., or approved by the International Conference of Building
Officials the State Fire Code. The detector shall must be
mounted in accordance with the rules regarding smoke detector
location promulgated adopted under the provisions of subdivision
2. When actuated, the detector shall must provide an alarm in
the dwelling unit.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 12. Minnesota Statutes 2004, section 299F.362,
subdivision 4, is amended to read:
Subd. 4. [SMOKE DETECTOR FOR APARTMENT, LODGING HOUSE, OR
HOTEL.] Every dwelling unit within an apartment house and every
guest room in a lodging house or hotel used for sleeping
purposes shall must be provided with a smoke detector conforming
to the requirements of Underwriters Laboratories, Inc., or
approved by the International Conference of Building
Officials the State Fire Code. In dwelling units, detectors
shall must be mounted in accordance with the rules regarding
smoke detector location promulgated adopted under the provisions
of subdivision 2. When actuated, the detector shall must
provide an alarm in the dwelling unit or guest room.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 13. Minnesota Statutes 2004, 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
(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.
(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 edition of the
Minnesota Uniform State 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 July 1, 2005.
Sec. 14. [INSTRUCTION TO REVISOR.]
The revisor of statutes shall change the terms "Minnesota
Uniform Fire Code" and "Uniform Fire Code" to "State Fire Code"
where found in Minnesota Statutes, sections 16B.61, subdivision
2; 126C.10, subdivision 14; 136F.61; 245A.151; 299F.011,
subdivisions 1, 4, 4b, 4c, 5, and 6; 299F.013; 299F.015,
subdivision 1; 299F.06, subdivision 1; 299F.092, subdivision 6;
299F.093, subdivision 1; 299F.362, subdivision 6; 299F.391,
subdivisions 2 and 3; 299M.12; 414.0325, subdivision 5; and
462.3585.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 15. [REPEALER.]
Minnesota Statutes 2004, sections 69.011, subdivision 5;
299F.011, subdivision 4c; 299F.015; 299F.10; 299F.11; 299F.12;
299F.13; 299F.14; 299F.15; 299F.16; 299F.17; 299F.361; 299F.451;
and 299F.452, are repealed.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
ARTICLE 10
911 EMERGENCY TELECOMMUNICATIONS SERVICES
Section 1. [237.491] [COMBINED PER NUMBER FEE.]
Subdivision 1. [DEFINITIONS.] (a) The definitions in this
subdivision apply to this section.
(b) "911 emergency and public safety communications program"
means the program governed by chapter 403.
(c) "Minnesota telephone number" means a ten-digit
telephone number being used to connect to the public switched
telephone network and starting with area code 218, 320, 507,
612, 651, 763, or 952, or any subsequent area code assigned to
this state.
(d) "Service provider" means a provider doing business in
this state who provides real time, two-way voice service with a
Minnesota telephone number.
(e) "Telecommunications access Minnesota program" means the
program governed by sections 237.50 to 237.55.
(f) "Telephone assistance program" means the program
governed by sections 237.69 to 237.711.
Subd. 2. [PER NUMBER FEE.] (a) By January 15, 2006, the
commissioner of commerce shall report to the legislature and to
the senate Committee on Jobs, Energy, and Community Development
and the house Committee on Regulated Industries, recommendations
for the amount of and method for assessing a fee that would
apply to each service provider based upon the number of
Minnesota telephone numbers in use by current customers of the
service provider. The fee would be set at a level calculated to
generate only the amount of revenue necessary to fund:
(1) the telephone assistance program and the
telecommunications access Minnesota program at the levels
established by the commission under sections 237.52, subdivision
2, and 237.70; and
(2) the 911 emergency and public safety communications
program at the levels appropriated by law to the commissioner of
public safety and the commissioner of finance for purposes of
sections 403.11, 403.113, 403.27, 403.30, and 403.31 for each
fiscal year.
(b) The recommendations must include any changes to
Minnesota Statutes necessary to establish the procedures whereby
each service provider, to the extent allowed under federal law,
would collect and remit the fee proceeds to the commissioner of
revenue. The commissioner of revenue would allocate the fee
proceeds to the three funding areas in paragraph (a) and credit
the allocations to the appropriate accounts.
(c) The recommendations must be designed to allow the
combined per telephone number fee to be collected beginning July
1, 2006. The per access line fee used to collect revenues to
support the TAP, TAM, and 911 programs remains in effect until
the statutory changes necessary to implement the per telephone
number fee have been enacted into law and taken effect.
(d) As part of the process of developing the
recommendations and preparing the report to the legislature
required under paragraph (a), the commissioner of commerce must,
at a minimum, consult regularly with the Departments of Public
Safety, Finance, and Administration, the Public Utilities
Commission, service providers, the chairs and ranking minority
members of the senate and house committees, subcommittees, and
divisions having jurisdiction over telecommunications and public
safety, and other affected parties.
Sec. 2. Minnesota Statutes 2004, section 237.70,
subdivision 7, is amended to read:
Subd. 7. [APPLICATION, NOTICE, FINANCIAL ADMINISTRATION,
COMPLAINT INVESTIGATION.] The telephone assistance plan must be
administered jointly by the commission, the Department of
Commerce, and the local service providers in accordance with the
following guidelines:
(a) The commission and the Department of Commerce shall
develop an application form that must be completed by the
subscriber for the purpose of certifying eligibility for
telephone assistance plan credits to the local service
provider. The application must contain the applicant's Social
Security number. Applicants who refuse to provide a Social
Security number will be denied telephone assistance plan
credits. The application form must also include a statement
that the applicant household is currently eligible for one of
the programs that confers eligibility for the federal Lifeline
Program. The application must be signed by the applicant,
certifying, under penalty of perjury, that the information
provided by the applicant is true.
(b) Each local service provider shall annually mail a
notice of the availability of the telephone assistance plan to
each residential subscriber in a regular billing and shall mail
the application form to customers when requested.
The notice must state the following:
YOU MAY BE ELIGIBLE FOR ASSISTANCE IN PAYING YOUR TELEPHONE
BILL IF YOU RECEIVE BENEFITS FROM CERTAIN LOW-INCOME ASSISTANCE
PROGRAMS. FOR MORE INFORMATION OR AN APPLICATION FORM PLEASE
CONTACT .........
(c) An application may be made by the subscriber, the
subscriber's spouse, or a person authorized by the subscriber to
act on the subscriber's behalf. On completing the application
certifying that the statutory criteria for eligibility are
satisfied, the applicant must return the application to the
subscriber's local service provider. On receiving a completed
application from an applicant, the subscriber's local service
provider shall provide telephone assistance plan credits against
monthly charges in the earliest possible month following receipt
of the application. The applicant must receive telephone
assistance plan credits until the earliest possible month
following the service provider's receipt of information that the
applicant is ineligible.
If the telephone assistance plan credit is not itemized on the
subscriber's monthly charges bill for local telephone service,
the local service provider must notify the subscriber of the
approval for the telephone assistance plan credit.
(d) The commission shall serve as the coordinator of the
telephone assistance plan and be reimbursed for its
administrative expenses from the surcharge revenue pool. As the
coordinator, the commission shall:
(1) establish a uniform statewide surcharge in accordance
with subdivision 6;
(2) establish a uniform statewide level of telephone
assistance plan credit that each local service provider shall
extend to each eligible household in its service area;
(3) require each local service provider to account to the
commission on a periodic basis for surcharge revenues collected
by the provider, expenses incurred by the provider, not to
include expenses of collecting surcharges, and credits extended
by the provider under the telephone assistance plan;
(4) require each local service provider to remit surcharge
revenues to the Department of Administration Public Safety for
deposit in the fund; and
(5) remit to each local service provider from the surcharge
revenue pool the amount necessary to compensate the provider for
expenses, not including expenses of collecting the surcharges,
and telephone assistance plan credits. When it appears that the
revenue generated by the maximum surcharge permitted under
subdivision 6 will be inadequate to fund any particular
established level of telephone assistance plan credits, the
commission shall reduce the credits to a level that can be
adequately funded by the maximum surcharge. Similarly, the
commission may increase the level of the telephone assistance
plan credit that is available or reduce the surcharge to a level
and for a period of time that will prevent an unreasonable
overcollection of surcharge revenues.
(e) Each local service provider shall maintain adequate
records of surcharge revenues, expenses, and credits related to
the telephone assistance plan and shall, as part of its annual
report or separately, provide the commission and the Department
of Commerce with a financial report of its experience under the
telephone assistance plan for the previous year. That report
must also be adequate to satisfy the reporting requirements of
the federal matching plan.
(f) The Department of Commerce shall investigate complaints
against local service providers with regard to the telephone
assistance plan and shall report the results of its
investigation to the commission.
Sec. 3. Minnesota Statutes 2004, section 403.02,
subdivision 7, is amended to read:
Subd. 7. [AUTOMATIC LOCATION IDENTIFICATION.] "Automatic
location identification" means the process of electronically
identifying and displaying on a special viewing screen the name
of the subscriber and the location, where available, of the
calling telephone number to a person answering a 911 emergency
call.
Sec. 4. Minnesota Statutes 2004, section 403.02,
subdivision 13, is amended to read:
Subd. 13. [ENHANCED 911 SERVICE.] "Enhanced 911 service"
means the use of selective routing, automatic location
identification, or local location identification as part of
local 911 service provided by an enhanced 911 system consisting
of a common 911 network and database and customer data and
network components connecting to the common 911 network and
database.
Sec. 5. Minnesota Statutes 2004, section 403.02,
subdivision 17, is amended to read:
Subd. 17. [911 SERVICE.] "911 service" means a
telecommunications service that automatically connects a person
dialing the digits 911 to an established public safety answering
point. 911 service includes:
(1) equipment for connecting and outswitching 911 calls
within a telephone central office, trunking facilities from the
central office to a public safety answering point customer data
and network components connecting to the common 911 network and
database;
(2) common 911 network and database equipment, as
appropriate, for automatically selectively routing 911 calls in
situations where one telephone central office serves more than
one to the public safety answering point serving the caller's
jurisdiction; and
(3) provision of automatic location identification if the
public safety answering point has the capability of providing
that service.
Sec. 6. Minnesota Statutes 2004, section 403.02, is
amended by adding a subdivision to read:
Subd. 17a. [911 EMERGENCY TELECOMMUNICATIONS SERVICE
PROVIDER.] "911 emergency telecommunications service provider"
means a telecommunications service provider or other entity,
determined by the commissioner to be capable of providing
effective and efficient components of the 911 system, that
provides all or portions of the network and database for
automatically selectively routing 911 calls to the public safety
answering point serving the caller's jurisdiction.
Sec. 7. Minnesota Statutes 2004, section 403.025,
subdivision 3, is amended to read:
Subd. 3. [WIRE-LINE CONNECTED TELECOMMUNICATIONS SERVICE
PROVIDER REQUIREMENTS.] Every owner and operator of a
wire-line or wireless circuit switched or packet-based
telecommunications system connected to the public switched
telephone network shall design and maintain the system to dial
the 911 number without charge to the caller.
Sec. 8. Minnesota Statutes 2004, section 403.025,
subdivision 7, is amended to read:
Subd. 7. [CONTRACTUAL REQUIREMENTS.] (a) The state,
together with the county or other governmental agencies
operating public safety answering points, shall contract with
the appropriate wire-line telecommunications service
providers or other entities determined by the commissioner to be
capable of providing effective and efficient components of the
911 system for the operation, maintenance, enhancement, and
expansion of the 911 system.
(b) The state shall contract with the appropriate wireless
telecommunications service providers for maintaining, enhancing,
and expanding the 911 system.
(c) The contract language or subsequent amendments to the
contract must include a description of the services to be
furnished by wireless and wire-line telecommunications service
providers to the county or other governmental agencies operating
public safety answering points, as well as compensation based on
the effective tariff or price list approved by the Public
Utilities Commission. The contract language or subsequent
amendments must include the terms of compensation based on the
effective tariff or price list filed with the Public Utilities
Commission or the prices agreed to by the parties.
(d) The contract language or subsequent amendments to
contracts between the parties must contain a provision for
resolving disputes.
Sec. 9. Minnesota Statutes 2004, section 403.05,
subdivision 3, is amended to read:
Subd. 3. [AGREEMENTS FOR SERVICE.] Each county and any
other governmental agency shall contract with the state and
wire-line telecommunications service providers or other entities
determined by the commissioner to be capable of providing
effective and efficient components of the 911 system for the
recurring and nonrecurring costs associated with operating and
maintaining 911 emergency communications systems.
Sec. 10. Minnesota Statutes 2004, section 403.07,
subdivision 3, is amended to read:
Subd. 3. [DATABASE.] In 911 systems that have been
approved by the commissioner for a local location identification
database, each wire-line telecommunications service provider
shall provide current customer names, service addresses, and
telephone numbers to each public safety answering point within
the 911 system and shall update the information according to a
schedule prescribed by the county 911 plan. Information
provided under this subdivision must be provided in accordance
with the transactional record disclosure requirements of the
federal Electronic Communications Privacy Act of 1986 1932,
United States Code, title 18 47, section 2703 222,
subsection (c), paragraph (1), subparagraph (B)(iv) (g).
Sec. 11. Minnesota Statutes 2004, section 403.08,
subdivision 10, is amended to read:
Subd. 10. [PLAN INTEGRATION.] Counties shall incorporate
the statewide design when modifying county 911 plans to provide
for integrating wireless 911 service into existing county 911
systems. The commissioner shall contract with the involved
wireless service providers and 911 emergency telecommunications
service providers to integrate cellular and other wireless
services into existing 911 systems where feasible.
Sec. 12. Minnesota Statutes 2004, section 403.11,
subdivision 1, is amended to read:
Subdivision 1. [EMERGENCY TELECOMMUNICATIONS SERVICE FEE;
ACCOUNT.] (a) Each customer of a wireless or wire-line switched
or packet-based telecommunications service provider connected to
the public switched telephone network that furnishes service
capable of originating a 911 emergency telephone call is
assessed a fee based upon the number of wired or wireless
telephone lines, or their equivalent, to cover the costs of
ongoing maintenance and related improvements for trunking and
central office switching equipment for 911 emergency
telecommunications service, plus administrative and staffing
costs of the commissioner related to managing the 911 emergency
telecommunications service program. Recurring charges by a
wire-line telecommunications service provider for updating the
information required by section 403.07, subdivision 3, must be
paid by the commissioner if the wire-line telecommunications
service provider is included in an approved 911 plan and the
charges are made pursuant to tariff, price list, or contract.
The fee assessed under this section must also be used for the
purpose of offsetting the costs, including administrative and
staffing costs, incurred by the State Patrol Division of the
Department of Public Safety in handling 911 emergency calls made
from wireless phones.
(b) Money remaining in the 911 emergency telecommunications
service account after all other obligations are paid must not
cancel and is carried forward to subsequent years and may be
appropriated from time to time to the commissioner to provide
financial assistance to counties for the improvement of local
emergency telecommunications services. The improvements may
include providing access to 911 service for telecommunications
service subscribers currently without access and upgrading
existing 911 service to include automatic number identification,
local location identification, automatic location
identification, and other improvements specified in revised
county 911 plans approved by the commissioner.
(c) The fee may not be less than eight cents nor more than
40 65 cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
Public Utilities Commission for access charge purposes and
including wireless telecommunications services. With the
approval of the commissioner of finance, the commissioner of
public safety shall establish the amount of the fee within the
limits specified and inform the companies and carriers of the
amount to be collected. When the revenue bonds authorized under
section 403.27, subdivision 1, have been fully paid or defeased,
the commissioner shall reduce the fee to reflect that debt
service on the bonds is no longer needed. The commissioner
shall provide companies and carriers a minimum of 45 days'
notice of each fee change. The fee must be the same for all
customers.
(d) The fee must be collected by each wireless or wire-line
telecommunications service provider subject to the fee. Fees
are payable to and must be submitted to the commissioner monthly
before the 25th of each month following the month of collection,
except that fees may be submitted quarterly if less than $250 a
month is due, or annually if less than $25 a month is due.
Receipts must be deposited in the state treasury and credited to
a 911 emergency telecommunications service account in the
special revenue fund. The money in the account may only be used
for 911 telecommunications services.
(e) This subdivision does not apply to customers of
interexchange carriers.
(f) The installation and recurring charges for integrating
wireless 911 calls into enhanced 911 systems must be paid by the
commissioner if the 911 service provider is included in the
statewide design plan and the charges are made pursuant to
tariff, price list, or contract.
Sec. 13. Minnesota Statutes 2004, section 403.11,
subdivision 3, is amended to read:
Subd. 3. [METHOD OF PAYMENT.] (a) Any wireless or
wire-line telecommunications service provider incurring
reimbursable costs under subdivision 1 shall submit an invoice
itemizing rate elements by county or service area to the
commissioner for 911 services furnished under tariff, price
list, or contract. Any wireless or wire-line telecommunications
service provider is eligible to receive payment for 911 services
rendered according to the terms and conditions specified in the
contract. Competitive local exchange carriers holding
certificates of authority from the Public Utilities Commission
are eligible to receive payment for recurring 911 services
provided after July 1, 2001. The commissioner shall pay the
invoice within 30 days following receipt of the invoice unless
the commissioner notifies the service provider that the
commissioner disputes the invoice.
(b) The commissioner shall estimate the amount required to
reimburse 911 emergency telecommunications service providers and
wireless and wire-line telecommunications service providers for
the state's obligations under subdivision 1 and the governor
shall include the estimated amount in the biennial budget
request.
Sec. 14. Minnesota Statutes 2004, section 403.11,
subdivision 3a, is amended to read:
Subd. 3a. [TIMELY CERTIFICATION.] A certification must be
submitted to the commissioner no later than two years one year
after commencing a new or additional eligible 911 service. Any
wireless or wire-line telecommunications service provider
incurring reimbursable costs under this section at any time
before January 1, 2003, may certify those costs for payment to
the commissioner according to this section for a period of 90
days after January 1, 2003. During this period, the
commissioner shall reimburse any wireless or wire-line
telecommunications service provider for approved, certified
costs without regard to any contrary provision of this
subdivision Each applicable contract must provide that, if
certified expenses under the contract deviate from estimates in
the contract by more than ten percent, the commissioner may
reduce the level of service without incurring any termination
fees.
Sec. 15. Minnesota Statutes 2004, section 403.113,
subdivision 1, is amended to read:
Subdivision 1. [FEE.] (a) Each customer receiving service
from a wireless or wire-line switched or packet-based
telecommunications service provider connected to the public
telephone network that furnishes service capable of originating
a 911 emergency telephone call is assessed a fee to fund
implementation, operation, maintenance, enhancement, and
expansion of enhanced 911 service, including acquisition of
necessary equipment and the costs of the commissioner to
administer the program. The actual fee assessed under section
403.11 and the enhanced 911 service fee must be collected as one
amount and may not exceed the amount specified in section
403.11, subdivision 1, paragraph (c).
(b) The enhanced 911 service fee must be collected and
deposited in the same manner as the fee in section 403.11 and
used solely for the purposes of paragraph (a) and subdivision 3.
(c) The commissioner, in consultation with counties and 911
system users, shall determine the amount of the enhanced 911
service fee. The fee must include at least ten cents per month
to be distributed under subdivision 2. The commissioner shall
inform wireless and wire-line telecommunications service
providers that provide service capable of originating a 911
emergency telephone call of the total amount of the 911 service
fees in the same manner as provided in section 403.11.
Sec. 16. Minnesota Statutes 2004, section 403.21,
subdivision 8, is amended to read:
Subd. 8. [SUBSYSTEMS.] "Subsystems" or "public safety
radio subsystems" means systems identified in the plan or a plan
developed under section 403.36 as subsystems interconnected by
the system backbone in subsequent phases and operated by the
Metropolitan Radio Board, a regional radio board, or local
government units for their own internal operations.
Sec. 17. Minnesota Statutes 2004, section 403.27,
subdivision 1, is amended to read:
Subdivision 1. [AUTHORIZATION.] (a) After consulting with
the commissioner of finance, the council, if requested by a vote
of at least two-thirds of all of the members of the Metropolitan
Radio Board, may, by resolution, authorize the issuance of its
revenue bonds for any of the following purposes to:
(1) provide funds for regionwide mutual aid and emergency
medical services communications;
(2) provide funds for the elements of the first phase of
the regionwide public safety radio communication system that the
board determines are of regionwide benefit and support mutual
aid and emergency medical services communication including, but
not limited to, costs of master controllers of the backbone;
(3) provide money for the second phase of the public safety
radio communication system;
(4) to the extent money is available after meeting the
needs described in clauses (1) to (3), provide money to
reimburse local units of government for amounts expended for
capital improvements to the first phase system previously paid
for by the local government units; or
(5) refund bonds issued under this section.
(b) After consulting with the commissioner of finance, the
council, if requested by a vote of at least two-thirds of all of
the members of the Statewide Radio Board, may, by resolution,
authorize the issuance of its revenue bonds to provide money for
the third phase of the public safety radio communication system.
Sec. 18. Minnesota Statutes 2004, section 403.27,
subdivision 3, is amended to read:
Subd. 3. [LIMITATIONS.] (a) The principal amount of the
bonds issued pursuant to subdivision 1, exclusive of any
original issue discount, shall not exceed the amount of
$10,000,000 plus the amount the council determines necessary to
pay the costs of issuance, fund reserves, debt service, and pay
for any bond insurance or other credit enhancement.
(b) In addition to the amount authorized under paragraph
(a), the council may issue bonds under subdivision 1 in a
principal amount of $3,306,300, plus the amount the council
determines necessary to pay the cost of issuance, fund reserves,
debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
may not be used to finance portable or subscriber radio sets.
(c) In addition to the amount authorized under paragraphs
(a) and (b), the council may issue bonds under subdivision 1 in
a principal amount of $18,000,000, plus the amount the council
determines necessary to pay the costs of issuance, fund
reserves, debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
must be used to pay up to 50 percent of the cost to a local
government unit of building a subsystem and may not be used to
finance portable or subscriber radio sets. The bond proceeds
may be used to make improvements to an existing 800 MHz radio
system that will interoperate with the regionwide public safety
radio communication system, provided that the improvements
conform to the board's plan and technical standards. The
council must time the sale and issuance of the bonds so that the
debt service on the bonds can be covered by the additional
revenue that will become available in the fiscal year ending
June 30, 2005, generated under section 403.11 and appropriated
under section 403.30.
(d) In addition to the amount authorized under paragraphs
(a) to (c), the council may issue bonds under subdivision 1 in a
principal amount of up to $27,000,000, plus the amount the
council determines necessary to pay the costs of issuance, fund
reserves, debt service, and any bond insurance or other credit
enhancement. The proceeds of bonds issued under this paragraph
are appropriated to the commissioner of public safety for phase
three of the public safety radio communication system. In
anticipation of the receipt by the commissioner of public safety
of the bond proceeds, the Metropolitan Radio Board may advance
money from its operating appropriation to the commissioner of
public safety to pay for design and preliminary engineering for
phase three. The commissioner of public safety must return
these amounts to the Metropolitan Radio Board when the bond
proceeds are received.
Sec. 19. [403.275] [STATE 911 REVENUE BONDS.]
Subdivision 1. [BONDING AUTHORITY.] (a) The commissioner
of finance, if requested by a vote of at least two-thirds of all
the members of the Statewide Radio Board, shall sell and issue
state revenue bonds for the following purposes:
(1) to pay the costs of the statewide public safety radio
communication system backbone identified in the plan under
section 403.36 and those elements that the Statewide Radio Board
determines are of regional or statewide benefit and support
mutual aid and emergency medical services communication,
including, but not limited to, costs of master controllers of
the backbone;
(2) to pay the costs of issuance, debt service, and bond
insurance or other credit enhancements, and to fund reserves;
and
(3) to refund bonds issued under this section.
(b) The amount of bonds that may be issued for the purposes
of clause (1) will be set from time to time by law; the amount
of bonds that may be issued for the purposes of clauses (2) and
(3) is not limited.
(c) The bond proceeds may be used to to pay up to 50
percent of the cost to a local government unit of building a
subsystem. The bond proceeds may be used to make improvements
to an existing 800 MHz radio system that will interoperate with
the regionwide public safety radio communication system,
provided that the improvements conform to the Statewide Radio
Board's plan and technical standards. The bond proceeds may not
be used to pay for portable or subscriber radio sets.
Subd. 2. [PROCEDURE.] (a) The commissioner may sell and
issue the bonds on the terms and conditions the commissioner
determines to be in the best interests of the state. The bonds
may be sold at public or private sale. The commissioner may
enter any agreements or pledges the commissioner determines
necessary or useful to sell the bonds that are not inconsistent
with sections 403.21 to 403.40. Sections 16A.672 to 16A.675
apply to the bonds. The proceeds of the bonds issued under this
section must be credited to a special 911 revenue bond proceeds
account in the state treasury.
(b) Before the proceeds are received in the 911 revenue
bond proceeds account, the commissioner of finance may transfer
to the account from the 911 emergency telecommunications service
account amounts not exceeding the expected proceeds from the
next bond sale. The commissioner of finance shall return these
amounts to the 911 emergency telecommunications service account
by transferring proceeds when received. The amounts of these
transfers are appropriated from the 911 emergency
telecommunications service account and from the 911 revenue bond
proceeds account.
Subd. 3. [REVENUE SOURCES.] The debt service on the bonds
is payable only from the following sources:
(1) revenue credited to the 911 emergency
telecommunications service account from the fee imposed and
collected under section 237.491 or 403.11, subdivision 1, or
from any other source; and
(2) other revenues pledged to the payment of the bonds.
Subd. 4. [REFUNDING BONDS.] The commissioner may issue
bonds to refund outstanding bonds issued under subdivision 1,
including the payment of any redemption premiums on the bonds
and any interest accrued or to accrue to the first redemption
date after delivery of the refunding bonds. The proceeds of the
refunding bonds may, in the discretion of the commissioner, be
applied to the purchases or payment at maturity of the bonds to
be refunded, or the redemption of the outstanding bonds on the
first redemption date after delivery of the refunding bonds and
may, until so used, be placed in escrow to be applied to the
purchase, retirement, or redemption. Refunding bonds issued
under this subdivision must be issued and secured in the manner
provided by the commissioner.
Subd. 5. [NOT A GENERAL OR MORAL OBLIGATION.] Bonds issued
under this section are not public debt, and the full faith,
credit, and taxing powers of the state are not pledged for their
payment. The bonds may not be paid, directly in whole or in
part from a tax of statewide application on any class of
property, income, transaction, or privilege. Payment of the
bonds is limited to the revenues explicitly authorized to be
pledged under this section. The state neither makes nor has a
moral obligation to pay the bonds if the pledged revenues and
other legal security for them is insufficient.
Subd. 6. [TRUSTEE.] The commissioner may contract with and
appoint a trustee for bond holders. The trustee has the powers
and authority vested in it by the commissioner under the bond
and trust indentures.
Subd. 7. [PLEDGES.] Any pledge made by the commissioner is
valid and binding from the time the pledge is made. The money
or property pledged and later received by the commissioner is
immediately subject to the lien of the pledge without any
physical delivery of the property or money or further act, and
the lien of any pledge is valid and binding as against all
parties having claims of any kind in tort, contract, or
otherwise against the commissioner, whether or not those parties
have notice of the lien or pledge. Neither the order nor any
other instrument by which a pledge is created need be recorded.
Subd. 8. [BONDS; PURCHASE AND CANCELLATION.] The
commissioner, subject to agreements with bondholders that may
then exist, may, out of any money available for the purpose,
purchase bonds of the commissioner at a price not exceeding (1)
if the bonds are then redeemable, the redemption price then
applicable plus accrued interest to the next interest payment
date thereon, or (2) if the bonds are not redeemable, the
redemption price applicable on the first date after the purchase
upon which the bonds become subject to redemption plus accrued
interest to that date.
Subd. 9. [STATE PLEDGE AGAINST IMPAIRMENT OF CONTRACTS.]
The state pledges and agrees with the holders of any bonds that
the state will not limit or alter the rights vested in the
commissioner to fulfill the terms of any agreements made with
the bondholders, or in any way impair the rights and remedies of
the holders until the bonds, together with interest on them,
with interest on any unpaid installments of interest, and all
costs and expenses in connection with any action or proceeding
by or on behalf of the bondholders, are fully met and
discharged. The commissioner may include this pledge and
agreement of the state in any agreement with the holders of
bonds issued under this section.
Sec. 20. Minnesota Statutes 2004, section 403.30,
subdivision 1, is amended to read:
Subdivision 1. [STANDING APPROPRIATION; COSTS COVERED.]
For each fiscal year beginning with the fiscal year commencing
July 1, 1997, The amount necessary to pay the following debt
service costs and reserves for bonds issued by the Metropolitan
Council under section 403.27 or by the commissioner of finance
under section 403.275 is appropriated to the commissioner of
public safety from the 911 emergency telecommunications service
account established under section 403.11:
(1) debt service costs and reserves for bonds issued
pursuant to section 403.27;
(2) repayment of the right-of-way acquisition loans;
(3) costs of design, construction, maintenance of, and
improvements to those elements of the first, second, and third
phases that support mutual aid communications and emergency
medical services;
(4) recurring charges for leased sites and equipment for
those elements of the first, second, and third phases that
support mutual aid and emergency medical communication services;
or
(5) aid to local units of government for sites and
equipment in support of mutual aid and emergency medical
communications services to the commissioner of finance. The
commissioner of finance shall transmit the necessary amounts to
the Metropolitan Council as requested by the council.
This appropriation shall be used to pay annual debt service
costs and reserves for bonds issued pursuant to section
403.27 or 403.275 prior to use of fee money to pay other
costs eligible under this subdivision. In no event shall the
appropriation for each fiscal year exceed an amount equal to
four cents a month for each customer access line or other basic
access service, including trunk equivalents as designated by the
Public Utilities Commission for access charge purposes and
including cellular and other nonwire access services, in the
fiscal year. Beginning July 1, 2004, this amount will increase
to 13 cents a month or to support other appropriations.
Sec. 21. [REPEALER.]
Minnesota Statutes 2004, section 403.30, subdivision 3, is
repealed.
Sec. 22. [EFFECTIVE DATE.]
Sections 1 to 21 are effective the day following final
enactment and apply to contracts entered into on or after that
date. Notwithstanding Minnesota Statutes, section 403.11,
subdivision 1, as amended by this act, a fee change under that
subdivision in calendar year 2005 may become effective after a
minimum of 30 days' notice.
ARTICLE 11
LAW ENFORCEMENT POLICY
Section 1. Minnesota Statutes 2004, section 299A.38,
subdivision 2, is amended to read:
Subd. 2. [STATE AND LOCAL REIMBURSEMENT.] Peace officers
and heads of local law enforcement agencies who buy vests for
the use of peace officer employees may apply to the commissioner
for reimbursement of funds spent to buy vests. On approving an
application for reimbursement, the commissioner shall pay the
applicant an amount equal to the lesser of one-half of the
vest's purchase price or $300 $600, as adjusted according to
subdivision 2a. The political subdivision that employs the
peace officer shall pay at least the lesser of one-half of the
vest's purchase price or $300 $600, as adjusted according to
subdivision 2a. The political subdivision may not deduct or pay
its share of the vest's cost from any clothing, maintenance, or
similar allowance otherwise provided to the peace officer by the
law enforcement agency.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 2. Minnesota Statutes 2004, section 299A.38,
subdivision 2a, is amended to read:
Subd. 2a. [ADJUSTMENT OF REIMBURSEMENT AMOUNT.] On October
1, 1997 2006, the commissioner of public safety shall adjust
the $300 $600 reimbursement amounts specified in subdivision 2,
and in each subsequent year, on October 1, the commissioner
shall adjust the reimbursement amount applicable immediately
preceding that October 1 date. The adjusted rate must reflect
the annual percentage change in the Consumer Price Index for all
urban consumers, published by the federal Bureau of Labor
Statistics, occurring in the one-year period ending on the
preceding June 1.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 3. Minnesota Statutes 2004, section 299A.38,
subdivision 3, is amended to read:
Subd. 3. [ELIGIBILITY REQUIREMENTS.] (a) Only vests that
either meet or exceed the requirements of standard 0101.03 of
the National Institute of Justice or that meet or exceed the
requirements of that standard, except wet armor conditioning,
are eligible for reimbursement.
(b) Eligibility for reimbursement is limited to vests
bought after December 31, 1986, by or for peace officers (1) who
did not own a vest meeting the requirements of paragraph (a)
before the purchase, or (2) who owned a vest that was at least
six five years old.
(c) The requirement set forth in paragraph (b), clauses (1)
and (2), shall not apply to any peace officer who purchases a
vest constructed from a zylon-based material, provided that the
peace officer provides proof of purchase or possession of the
vest prior to July 1, 2005.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 4. [299A.641] [GANG AND DRUG OVERSIGHT COUNCIL.]
Subdivision 1. [OVERSIGHT COUNCIL ESTABLISHED.] The Gang
and Drug Oversight Council is established to provide guidance
related to the investigation and prosecution of gang and drug
crime.
Subd. 2. [MEMBERSHIP.] The oversight council shall consist
of the following individuals or their designees:
(1) the director of the office of special investigations,
as the representative of the commissioner of corrections;
(2) the superintendent of the Bureau of Criminal
Apprehension as the representative of the commissioner of public
safety;
(3) the attorney general;
(4) eight chiefs of police, selected by the Minnesota
Chiefs of Police Association, two of which must be selected from
cities with populations greater than 200,000;
(5) eight sheriffs, selected by the Minnesota Sheriffs
Association to represent each district, two of which must be
selected from counties with populations greater than 500,000;
(6) the United States attorney for the district of
Minnesota;
(7) two county attorneys, selected by the Minnesota County
Attorneys Association;
(8) a command-level representative of a gang strike force;
(9) a representative from a drug task force, selected by
the Minnesota State Association of Narcotics Investigators;
(10) a representative from the United States Drug
Enforcement Administration;
(11) a representative from the United States Bureau of
Alcohol, Tobacco, and Firearms;
(12) a representative from the Federal Bureau of
Investigation;
(13) a tribal peace officer, selected by the Minnesota
Tribal Law Enforcement Association; and
(14) two additional members who may be selected by the
oversight council.
The oversight council may adopt procedures to govern its conduct
as necessary and may select a chair from among its members.
Subd. 3. [OVERSIGHT COUNCIL'S DUTIES.] The oversight
council shall develop an overall strategy to ameliorate the harm
caused to the public by gang and drug crime within the state of
Minnesota. This strategy may include the development of
protocols and procedures to investigate gang and drug crime and
a structure for best addressing these issues in a
multijurisdictional manner. Additionally, the oversight council
shall:
(1) identify and recommend a candidate or candidates for
statewide coordinator to the commissioner of public safety;
(2) establish multijurisdictional task forces and strike
forces to combat gang and drug crime, to include a metro gang
strike force;
(3) assist the Department of Public Safety in developing an
objective grant review application process that is free from
conflicts of interest;
(4) make funding recommendations to the commissioner of
public safety on grants to support efforts to combat gang and
drug crime;
(5) assist in developing a process to collect and share
information to improve the investigation and prosecution of drug
offenses;
(6) develop and approve an operational budget for the
office of the statewide coordinator and the oversight council;
and
(7) adopt criteria and identifying characteristics for use
in determining whether individuals are or may be members of
gangs involved in criminal activity.
Subd. 4. [STATEWIDE COORDINATOR.] The current gang strike
force commander shall serve as a transition coordinator until
July 1, 2006, at which time the commissioner of public safety
shall appoint a statewide coordinator as recommended by the
oversight council. The coordinator serving in the unclassified
service shall:
(1) coordinate and monitor all multijurisdictional gang and
drug enforcement activities;
(2) facilitate local efforts and ensure statewide
coordination with efforts to combat gang and drug crime;
(3) facilitate training for personnel;
(4) monitor compliance with investigative protocols; and
(5) implement an outcome evaluation and data quality
control process.
Subd. 5. [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All
participating law enforcement officers must be licensed peace
officers as defined in section 626.84, subdivision 1, or
qualified federal law enforcement officers as defined in section
626.8453. Participating officers remain employees of the same
entity that employed them before joining any multijurisdictional
entity established under this section. Participating officers
are not employees of the state.
Subd. 6. [JURISDICTION AND POWERS.] Law enforcement
officers participating in any multijurisdictional entity
established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff.
Subd. 7. [GRANTS AUTHORIZED.] The commissioner of public
safety, upon recommendation of the council, may make grants to
state and local units of government to combat gang and drug
crime.
Subd. 8. [OVERSIGHT COUNCIL IS PERMANENT.] Notwithstanding
section 15.059, this section does not expire.
Subd. 9. [FUNDING.] Participating agencies may accept
lawful grants or contributions from any federal source or legal
business or entity.
Subd. 10. [ROLE OF THE ATTORNEY GENERAL.] The attorney
general or a designee shall generally advise on any matters that
the oversight council deems appropriate.
Subd. 11. [ATTORNEY GENERAL; COMMUNITY LIAISON.] (a) The
attorney general or a designee shall serve as a liaison between
the oversight council and the councils created in sections
3.922, 3.9223, 3.9225, and 3.9226. The attorney general or
designee will be responsible for:
(1) informing the councils of the plans, activities, and
decisions and hearing their reactions to those plans,
activities, and decisions; and
(2) providing the oversight council with the councils'
position on the oversight council's plan, activities, and
decisions.
(b) In no event is the oversight council required to
disclose the names of individuals identified by it to the
councils referenced in this subdivision.
(c) Nothing in this subdivision changes the data
classification of any data held by the oversight council.
Subd. 12. [REQUIRED REPORT.] By February 1 of each year,
the council shall report to the chairs of the senate and house
of representatives committees and divisions having jurisdiction
over criminal justice policy and funding on the activities of
the council and any strike or task forces. This annual report
shall include:
(1) a description of the council's goals for the previous
year and for the coming year;
(2) a description of the outcomes the council achieved or
did not achieve during the preceding year and a description of
the outcomes the council will seek to achieve during the coming
year; and
(3) any legislative recommendations the council has
including, where necessary, a description of the specific
legislation needed to implement the recommendations.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 5. [299A.681] [MINNESOTA FINANCIAL CRIMES OVERSIGHT
COUNCIL AND TASK FORCE.]
Subdivision 1. [OVERSIGHT COUNCIL.] The Minnesota
Financial Crimes Oversight Council shall provide guidance
related to the investigation and prosecution of identity theft
and financial crime.
Subd. 2. [MEMBERSHIP.] The oversight council consists of
the following individuals, or their designees:
(1) the commissioner of public safety;
(2) the attorney general;
(3) two chiefs of police, selected by the Minnesota Chiefs
of Police Association from police departments that participate
in the Minnesota Financial Crimes Task Force;
(4) two sheriffs, selected by the Minnesota Sheriffs
Association from sheriff departments that participate in the
task force;
(5) the United States attorney for the district of
Minnesota;
(6) a county attorney, selected by the Minnesota County
Attorneys Association;
(7) a representative from the United States Postal
Inspector's Office, selected by the oversight council;
(8) a representative from a not-for-profit retail merchants
industry, selected by the oversight council;
(9) a representative from a not-for-profit banking and
credit union industry, selected by the oversight council;
(10) a representative from a not-for-profit association
representing senior citizens, selected by the oversight council;
(11) the statewide commander of the task force;
(12) a representative from the Board of Public Defense,
selected by the board; and
(13) two additional members selected by the oversight
council.
The oversight council may adopt procedures to govern its conduct
and shall select a chair from among its members.
Subd. 3. [DUTIES.] The oversight council shall develop an
overall strategy to ameliorate the harm caused to the public by
identity theft and financial crime within Minnesota. The
strategy may include the development of protocols and procedures
to investigate financial crimes and a structure for best
addressing these issues in a multijurisdictional manner.
Additionally, the oversight council shall:
(1) establish a multijurisdictional statewide Minnesota
Financial Crimes Task Force to investigate major financial
crimes;
(2) select a statewide commander of the task force who
serves at the pleasure of the oversight council;
(3) assist the Department of Public Safety in developing an
objective grant review application process that is free from
conflicts of interest;
(4) make funding recommendations to the commissioner of
public safety on grants to support efforts to combat identity
theft and financial crime;
(5) assist law enforcement agencies and victims in
developing a process to collect and share information to improve
the investigation and prosecution of identity theft and
financial crime;
(6) develop and approve an operational budget for the
office of the statewide commander and the oversight council; and
(7) enter into any contracts necessary to establish and
maintain a relationship with retailers, financial institutions,
and other businesses to deal effectively with identity theft and
financial crime.
The task force described in clause (1) may consist of members
from local law enforcement agencies, federal law enforcement
agencies, state and federal prosecutors' offices, the Board of
Public Defense, and representatives from elderly victims,
retail, financial institutions, and not-for-profit organizations.
Subd. 4. [STATEWIDE COMMANDER.] (a) The Minnesota
Financial Crimes Task Force commander under Minnesota Statutes
2004, section 299A.68, shall oversee the transition of that task
force into the task force described in subdivision 3 and remain
in place as its commander until July 1, 2008. On that date, the
commissioner of public safety shall appoint as statewide
commander the individual selected by the oversight council under
subdivision 3.
(b) The commander shall:
(1) coordinate and monitor all multijurisdictional identity
theft and financial crime enforcement activities;
(2) facilitate local efforts and ensure statewide
coordination with efforts to combat identity theft and financial
crime;
(3) facilitate training for law enforcement and other
personnel;
(4) monitor compliance with investigative protocols;
(5) implement an outcome evaluation and data quality
control process;
(6) be responsible for the selection and for cause removal
of assigned task force investigators who are designated
participants under a memorandum of understanding or who receive
grant funding;
(7) provide supervision of assigned task force
investigators;
(8) submit a task force operational budget to the oversight
council for approval; and
(9) submit quarterly task force activity reports to the
oversight council.
Subd. 5. [PARTICIPATING OFFICERS; EMPLOYMENT STATUS.] All
law enforcement officers selected to participate in the task
force must be licensed peace officers as defined in section
626.84, subdivision 1, or qualified federal law enforcement
officers as defined in section 626.8453. Participating officers
remain employees of the same entity that employed them before
joining any multijurisdictional entity established under this
section. Participating officers are not employees of the state.
Subd. 6. [JURISDICTION AND POWERS.] Law enforcement
officers participating in any multijurisdictional entity
established under this section have statewide jurisdiction to
conduct criminal investigations and have the same powers of
arrest as those possessed by a sheriff. The task force shall
retain from its predecessor the assigned originating reporting
number for case reporting purposes.
Subd. 7. [GRANTS AUTHORIZED.] The commissioner of public
safety, upon recommendation of the oversight council, shall make
grants to state and local units of government to combat identity
theft and financial crime. The commander, as funding permits,
may prepare a budget to establish four regional districts and
funding grant allocations programs outside the counties of
Hennepin, Ramsey, Anoka, Washington, and Dakota. The budget
must be reviewed and approved by the oversight council and
recommended to the commissioner to support these efforts.
Subd. 8. [VICTIMS ASSISTANCE PROGRAM.] (a) The oversight
council may establish a victims' assistance program to assist
victims of economic crimes and provide prevention and awareness
programs. The oversight council may retain the services of
not-for-profit organizations to assist in the development and
delivery systems in aiding victims of financial crime. The
program may not provide any financial assistance to victims, but
may assist victims in obtaining police assistance and advise
victims in how to protect personal accounts and identities.
Services may include a victim toll-free telephone number, fax
number, Web site, Monday through Friday telephone service,
e-mail response, and interfaces to other helpful Web sites.
Victims' information compiled are governed under chapter 13.
(b) The oversight council may post or communicate through
public service announcements in newspapers, radio, television,
cable access, billboards, Internet, Web sites, and other normal
advertising channels, a financial reward of up to $2,000 for
tips leading to the apprehension and successful prosecution of
individuals committing economic crime. All rewards must meet
the oversight council's standards. The release of funds must be
made to an individual whose information leads to the
apprehension and prosecution of offenders committing economic or
financial crimes against citizens or businesses in Minnesota.
All rewards paid to an individual must be reported to the
Department of Revenue along with the individual's Social
Security number.
Subd. 9. [OVERSIGHT COUNCIL AND TASK FORCE IS PERMANENT.]
Notwithstanding section 15.059, this section does not expire.
Subd. 10. [FUNDING.] The oversight council may accept
lawful grants and in-kind contributions from any federal, state,
or local source or legal business or individual not funded by
this section for general operation support, including personnel
costs. These grants or in-kind contributions are not to be
directed toward the case of a particular victim or business.
The oversight council's fiscal agent shall handle all funds
approved by the oversight council, including in-kind
contributions.
Subd. 11. [FORFEITURE.] Property seized by the task force
is subject to forfeiture pursuant to sections 609.531, 609.5312,
609.5313, and 609.5315 if ownership cannot be established. The
council shall receive the proceeds from the sale of all property
properly seized and forfeited.
Subd. 12. [TRANSFER EQUIPMENT FROM CURRENT TASK
FORCE.] All equipment possessed by the task force described in
Minnesota Statutes 2004, section 299A.68, is transferred to the
oversight council for use by the task force described in this
section.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 6. [299A.78] [STATEWIDE HUMAN TRAFFICKING
ASSESSMENT.]
Subdivision 1. [DEFINITIONS.] For purposes of sections
299A.78 to 299A.785, the following definitions apply:
(a) "Commissioner" means the commissioner of the Department
of Public Safety.
(b) "Nongovernmental organizations" means nonprofit,
nongovernmental organizations that provide legal, social, or
other community services.
(c) "Blackmail" has the meaning given in section 609.281,
subdivision 2.
(d) "Debt bondage" has the meaning given in section
609.281, subdivision 3.
(e) "Forced labor or services" has the meaning given in
section 609.281, subdivision 4.
(f) "Labor trafficking" has the meaning given in section
609.281, subdivision 5.
(g) "Labor trafficking victim" has the meaning given in
section 609.281, subdivision 6.
(h) "Sex trafficking" has the meaning given in section
609.321, subdivision 7a.
(i) "Sex trafficking victim" has the meaning given in
section 609.321, subdivision 7b.
(j) "Trafficking" includes "labor trafficking" and "sex
trafficking."
(k) "Trafficking victim" includes "labor trafficking
victim" and "sex trafficking victim."
Subd. 2. [GENERAL DUTIES.] The commissioner of public
safety, in cooperation with local authorities, shall collect,
share, and compile trafficking data among government agencies to
assess the nature and extent of trafficking in Minnesota.
Subd. 3. [OUTSIDE SERVICES.] As provided for in section
15.061, the commissioner of public safety may contract with
professional or technical services in connection with the duties
to be performed under section 299A.785. The commissioner may
also contract with other outside organizations to assist with
the duties to be performed under section 299A.785.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 7. [299A.785] [TRAFFICKING STUDY.]
Subdivision 1. [INFORMATION TO BE COLLECTED.] The
commissioner shall elicit the cooperation and assistance of
government agencies and nongovernmental organizations as
appropriate to assist in the collection of trafficking data.
The commissioner shall direct the appropriate authorities in
each agency and organization to make best efforts to collect
information relevant to tracking progress on trafficking. The
information to be collected may include, but is not limited to:
(1) the numbers of arrests, prosecutions, and successful
convictions of traffickers and those committing trafficking
related crimes, including, but not limited to, the following
offenses: 609.27 (coercion); 609.282 (labor trafficking);
609.283 (unlawful conduct with respect to documents in
furtherance of labor or sex trafficking); 609.321 (promotion of
prostitution); 609.322 (solicitation of prostitution); 609.324
(other prostitution crimes); 609.33 (disorderly house); 609.352
(solicitation of a child); and 617.245 and 617.246 (use of
minors in sexual performance);
(2) statistics on the number of trafficking victims,
including demographics, method of recruitment, and method of
discovery;
(3) trafficking routes and patterns, states or country of
origin, transit states or countries;
(4) method of transportation, motor vehicles, aircraft,
watercraft, or by foot if any transportation took place; and
(5) social factors that contribute to and foster
trafficking, especially trafficking of women and children.
Subd. 2. [REPORT AND ANNUAL PUBLICATION.] (a) By September
1, 2006, the commissioner of public safety shall report to the
chairs of the senate and house of representatives committees and
divisions having jurisdiction over criminal justice policy and
funding a summary of its findings. This report shall include,
to the extent possible, the information to be collected in
subdivision 1 and any other information the commissioner finds
relevant to the issue of trafficking in Minnesota.
(b) The commissioner shall gather, compile, and publish
annually statistical data on the extent and nature of
trafficking in Minnesota. This annual publication shall be
available to the public and include, to the extent possible, the
information to be collected in subdivision 1 and any other
information the commissioner finds relevant to the issue of
trafficking in Minnesota.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 8. Minnesota Statutes 2004, section 299C.10,
subdivision 1, is amended to read:
Subdivision 1. [REQUIRED FINGERPRINTING.] (a) Sheriffs,
peace officers, and community corrections agencies operating
secure juvenile detention facilities shall take or cause to be
taken immediately finger and thumb prints, photographs,
distinctive physical mark identification data, information on
any known aliases or street names, and other identification data
requested or required by the superintendent of the bureau, of
the following:
(1) persons arrested for, appearing in court on a charge
of, or convicted of a felony, gross misdemeanor, or targeted
misdemeanor;
(2) juveniles arrested for, appearing in court on a charge
of, adjudicated delinquent for, or alleged to have committed
felonies or gross misdemeanors as distinguished from those
committed by adult offenders;
(3) persons reasonably believed by the arresting officer to
be fugitives from justice;
(4) persons in whose possession, when arrested, are found
concealed firearms or other dangerous weapons, burglar tools or
outfits, high-power explosives, or articles, machines, or
appliances usable for an unlawful purpose and reasonably
believed by the arresting officer to be intended for such
purposes; and
(5) juveniles referred by a law enforcement agency to a
diversion program for a felony or gross misdemeanor offense; and
(6) persons currently involved in the criminal justice
process, on probation, on parole, or in custody for the offenses
in suspense whom the superintendent of the bureau identifies as
being the subject of a court disposition record which cannot be
linked to an arrest record, and whose fingerprints are necessary
in order to maintain and ensure the accuracy of the bureau's
criminal history files, to reduce the number of suspense files,
or to comply with the mandates of section 299C.111, relating to
the reduction of the number of suspense files. This duty to
obtain fingerprints for the offenses in suspense at the request
of the bureau shall include the requirement that fingerprints be
taken in post-arrest interviews; while making court appearances;
while in custody; or while on any form of probation, diversion,
or supervised release.
(b) Unless the superintendent of the bureau requires a
shorter period, within 24 hours the fingerprint records and
other identification data specified under paragraph (a) must be
forwarded to the bureau on such forms and in such manner as may
be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers and their
agents, employees, and subordinates, shall attempt to ensure
that the required identification data is taken on a person
described in paragraph (a). Law enforcement may take
fingerprints of an individual who is presently on probation.
(d) For purposes of this section, a targeted misdemeanor is
a misdemeanor violation of section 169A.20 (driving while
impaired), 518B.01 (order for protection violation), 609.224
(fifth degree assault), 609.2242 (domestic assault), 609.746
(interference with privacy), 609.748 (harassment or restraining
order violation), or 617.23 (indecent exposure).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 9. Minnesota Statutes 2004, section 299C.10, is
amended by adding a subdivision to read:
Subd. 1a. [COURT DISPOSITION RECORD IN SUSPENSE;
FINGERPRINTING.] The superintendent of the bureau shall inform a
prosecuting authority that a person prosecuted by that authority
is the subject of a court disposition record in suspense which
requires fingerprinting under this section. Upon being notified
by the superintendent or otherwise learning of the suspense
status of a court disposition record, any prosecuting authority
may bring a motion in district court to compel the taking of the
person's fingerprints upon a showing to the court that the
person is the subject of the court disposition record in
suspense.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 10. Minnesota Statutes 2004, section 299C.14, is
amended to read:
299C.14 [INFORMATION ON RELEASED PRISONER.]
It shall be the duty of the officials having charge of the
penal institutions of the state or the release of prisoners
therefrom to furnish to the bureau, as the superintendent may
require, finger and thumb prints, photographs, distinctive
physical mark identification data, other identification data,
modus operandi reports, and criminal records of prisoners
heretofore, now, or hereafter confined in such penal
institutions, together with the period of their service and the
time, terms, and conditions of their discharge. This duty to
furnish information includes, but is not limited to, requests
for fingerprints as the superintendent of the bureau deems
necessary to maintain and ensure the accuracy of the bureau's
criminal history files, to reduce the number of suspense files,
or to comply with the mandates of section 299C.111 relating to
the reduction of the number of suspense files where a
disposition record is received that cannot be linked to an
arrest record.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 11. Minnesota Statutes 2004, section 299C.145,
subdivision 3, is amended to read:
Subd. 3. [AUTHORITY TO ENTER OR RETRIEVE DATA.] Only law
enforcement criminal justice agencies, as defined in section
299C.46, subdivision 2, may submit data to and obtain data from
the distinctive physical mark identification system.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 12. Minnesota Statutes 2004, section 299C.65,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP, DUTIES.] (a) The Criminal and
Juvenile Justice Information Policy Group consists of the
commissioner of corrections, the commissioner of public safety,
the commissioner of administration, the commissioner of finance,
and four members of the judicial branch appointed by the chief
justice of the Supreme Court, and the chair and first vice chair
of the Criminal and Juvenile Justice Information Task Force.
The policy group may appoint additional, nonvoting members as
necessary from time to time.
(b) The commissioner of public safety is designated as the
chair of the policy group. The commissioner and the policy
group have overall responsibility for the successful completion
of statewide criminal justice information system integration
(CriMNet). The policy group may hire a program manager an
executive director to manage the CriMNet projects and to be
responsible for the day-to-day operations of CriMNet. The
executive director shall serve at the pleasure of the policy
group in unclassified service. The policy group must ensure
that generally accepted project management techniques are
utilized for each CriMNet project, including:
(1) clear sponsorship;
(2) scope management;
(3) project planning, control, and execution;
(4) continuous risk assessment and mitigation;
(5) cost management;
(6) quality management reviews;
(7) communications management; and
(8) proven methodology; and
(9) education and training.
(c) Products and services for CriMNet project management,
system design, implementation, and application hosting must be
acquired using an appropriate procurement process, which
includes:
(1) a determination of required products and services;
(2) a request for proposal development and identification
of potential sources;
(3) competitive bid solicitation, evaluation, and
selection; and
(4) contract administration and close-out.
(d) The policy group shall study and make recommendations
to the governor, the Supreme Court, and the legislature on:
(1) a framework for integrated criminal justice information
systems, including the development and maintenance of a
community data model for state, county, and local criminal
justice information;
(2) the responsibilities of each entity within the criminal
and juvenile justice systems concerning the collection,
maintenance, dissemination, and sharing of criminal justice
information with one another;
(3) actions necessary to ensure that information maintained
in the criminal justice information systems is accurate and
up-to-date;
(4) the development of an information system containing
criminal justice information on gross misdemeanor-level and
felony-level juvenile offenders that is part of the integrated
criminal justice information system framework;
(5) the development of an information system containing
criminal justice information on misdemeanor arrests,
prosecutions, and convictions that is part of the integrated
criminal justice information system framework;
(6) comprehensive training programs and requirements for
all individuals in criminal justice agencies to ensure the
quality and accuracy of information in those systems;
(7) continuing education requirements for individuals in
criminal justice agencies who are responsible for the
collection, maintenance, dissemination, and sharing of criminal
justice data;
(8) a periodic audit process to ensure the quality and
accuracy of information contained in the criminal justice
information systems;
(9) the equipment, training, and funding needs of the state
and local agencies that participate in the criminal justice
information systems;
(10) the impact of integrated criminal justice information
systems on individual privacy rights;
(11) the impact of proposed legislation on the criminal
justice system, including any fiscal impact, need for training,
changes in information systems, and changes in processes;
(12) the collection of data on race and ethnicity in
criminal justice information systems;
(13) the development of a tracking system for domestic
abuse orders for protection;
(14) processes for expungement, correction of inaccurate
records, destruction of records, and other matters relating to
the privacy interests of individuals; and
(15) the development of a database for extended
jurisdiction juvenile records and whether the records should be
public or private and how long they should be retained.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 13. Minnesota Statutes 2004, section 299C.65,
subdivision 2, is amended to read:
Subd. 2. [REPORT, TASK FORCE.] (a) The policy group shall
file an annual report with the governor, Supreme Court, and
chairs and ranking minority members of the senate and house
committees and divisions with jurisdiction over criminal justice
funding and policy by December 1 of each year.
(b) The report must make recommendations concerning any
legislative changes or appropriations that are needed to ensure
that the criminal justice information systems operate accurately
and efficiently. To assist them in developing their
recommendations, The policy group shall appoint a task force
consisting to assist them in their duties. The task force shall
monitor, review, and report to the policy group on
CriMNet-related projects and provide oversight to ongoing
operations as directed by the policy group. The task force
shall consist of its members or their designees and the
following additional members:
(1) the director of the Office of Strategic and Long-Range
Planning;
(2) two sheriffs recommended by the Minnesota Sheriffs
Association;
(3) (2) two police chiefs recommended by the Minnesota
Chiefs of Police Association;
(4) (3) two county attorneys recommended by the Minnesota
County Attorneys Association;
(5) (4) two city attorneys recommended by the Minnesota
League of Cities;
(6) (5) two public defenders appointed by the Board of
Public Defense;
(7) (6) two district judges appointed by the Conference of
Chief Judges, one of whom is currently assigned to the juvenile
court;
(8) (7) two community corrections administrators
recommended by the Minnesota Association of Counties, one of
whom represents a community corrections act county;
(9) (8) two probation officers;
(10) (9) four public members, one of whom has been a victim
of crime, and two who are representatives of the private
business community who have expertise in integrated information
systems;
(11) (10) two court administrators;
(12) (11) one member of the house of representatives
appointed by the speaker of the house;
(13) (12) one member of the senate appointed by the
majority leader;
(14) (13) the attorney general or a designee;
(15) the commissioner of administration or a designee;
(16) (14) an individual two individuals recommended by the
Minnesota League of Cities, one of whom works or resides in
greater Minnesota and one of whom works or resides in the seven
county metropolitan area; and
(17) (15) an individual two individuals recommended by the
Minnesota Association of Counties, one of whom works or resides
in greater Minnesota and one of whom works or resides in the
seven county metropolitan area;
(16) the director of the Sentencing Guidelines Commission;
(17) one member appointed by the commissioner of public
safety;
(18) one member appointed by the commissioner of
corrections;
(19) one member appointed by the commissioner of
administration; and
(20) one member appointed by the chief justice of the
Supreme Court.
In making these appointments, the appointing authority shall
select members with expertise in integrated data systems or best
practices.
(c) The commissioner of public safety may appoint
additional, nonvoting members to the task force as necessary
from time to time.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 14. Minnesota Statutes 2004, section 299C.65, is
amended by adding a subdivision to read:
Subd. 3a. [REPORT.] The policy group, with the assistance
of the task force, shall file an annual report with the
governor, Supreme Court, and chairs and ranking minority members
of the senate and house committees and divisions with
jurisdiction over criminal justice funding and policy by January
15 of each year. The report must provide the following:
(1) status and review of current integration efforts and
projects;
(2) recommendations concerning any legislative changes or
appropriations that are needed to ensure that the criminal
justice information systems operate accurately and efficiently;
and
(3) summary of the activities of the policy group and task
force.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 15. Minnesota Statutes 2004, section 299C.65,
subdivision 5, is amended to read:
Subd. 5. [REVIEW OF FUNDING AND GRANT REQUESTS.] (a) The
Criminal and Juvenile Justice Information Policy Group shall
review the funding requests for criminal justice information
systems from state, county, and municipal government agencies.
The policy group shall review the requests for compatibility to
statewide criminal justice information system standards. The
review shall be forwarded to the chairs and ranking minority
members of the house and senate committees and divisions with
jurisdiction over criminal justice funding and policy.
(b) The policy group shall also review funding requests for
criminal justice information systems grants to be made by the
commissioner of public safety as provided in this section.
Within the limits of available appropriations, the commissioner
of public safety shall make grants for projects that have been
approved by the policy group. CriMNet program office, in
consultation with the Criminal and Juvenile Justice Information
Task Force and with the approval of the policy group, shall
create the requirements for any grant request and determine the
integration priorities for the grant period. The CriMNet
program office shall also review the requests submitted for
compatibility to statewide criminal justice information systems
standards.
(c) If a funding request is for development of a
comprehensive criminal justice information integration plan, the
policy group shall ensure that the request contains the
components specified in subdivision 6. If a funding request is
for implementation of a plan or other criminal justice
information systems project, the policy group shall ensure that:
(1) the government agency has adopted a comprehensive plan
that complies with subdivision 6;
(2) the request contains the components specified in
subdivision 7; and
(3) the request demonstrates that it is consistent with the
government agency's comprehensive plan. The task force shall
review funding requests for criminal justice information systems
grants and make recommendations to the policy group. The policy
group shall review the recommendations of the task force and
shall make a final recommendation for criminal justice
information systems grants to be made by the commissioner of
public safety. Within the limits of available state
appropriations and federal grants, the commissioner of public
safety shall make grants for projects that have been recommended
by the policy group.
(d) The policy group may approve grants only if the
applicant provides an appropriate share of matching funds as
determined by the policy group to help pay up to one-half of the
costs of the grant request. The matching requirement must be
constant for all counties. The policy group shall adopt
policies concerning the use of in-kind resources to satisfy the
match requirement and the sources from which matching funds may
be obtained. Local operational or technology staffing costs may
be considered as meeting this match requirement. Each grant
recipient shall certify to the policy group that it has not
reduced funds from local, county, federal, or other sources
which, in the absence of the grant, would have been made
available to the grant recipient to improve or integrate
criminal justice technology.
(e) All grant recipients shall submit to the CriMNet
program office all requested documentation including grant
status, financial reports, and a final report evaluating how the
grant funds improved the agency's criminal justice integration
priorities. The CriMNet program office shall establish the
recipient's reporting dates at the time funds are awarded.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 16. Minnesota Statutes 2004, section 326.3384,
subdivision 1, is amended to read:
Subdivision 1. [PROHIBITION.] No license holder or
employee of a license holder shall, in a manner that implies
that the person is an employee or agent of a governmental
agency, display on a badge, identification card, emblem,
vehicle, uniform, stationery, or in advertising for private
detective or protective agent services:
(1) the words "public safety," "police," "constable,"
"highway patrol," "state patrol," "sheriff," "trooper," or "law
enforcement"; or
(2) the name of a municipality, county, state, or of the
United States, or any governmental subdivision thereof.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 17. [629.406] [MAINTENANCE OF BOOKING RECORDINGS.]
When a law enforcement agency elects to produce an
electronic recording of any portion of the arrest, booking, or
testing process in connection with the arrest of a person, the
agency must maintain the recording for a minimum of 30 days
after the date the person was booked.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 18. [REPEALER.]
(a) Minnesota Statutes 2004, sections 299A.64; 299A.65; and
299A.66, are repealed.
(b) Minnesota Statutes 2004, sections 299A.68; and 299C.65,
subdivisions 3, 4, 6, 7, 8, 8a, and 9, are repealed.
[EFFECTIVE DATE.] Paragraph (a) is effective January 1,
2006. Paragraph (b) is effective July 1, 2005.
ARTICLE 12
DNA COLLECTION
Section 1. Minnesota Statutes 2004, section 13.6905,
subdivision 17, is amended to read:
Subd. 17. [DNA EVIDENCE.] DNA identification data
maintained by the Bureau of Criminal Apprehension are governed
by section sections 299C.11 and 299C.155.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 299C.03, is
amended to read:
299C.03 [SUPERINTENDENT; RULES.]
The superintendent, with the approval of the commissioner
of public safety, from time to time, shall make such rules and
adopt such measures as the superintendent deems necessary,
within the provisions and limitations of sections 299C.03 to
299C.08, 299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and
299C.21, to secure the efficient operation of the bureau. The
bureau shall cooperate with the respective sheriffs, constables,
marshals, police, and other peace officers of the state in the
detection of crime and the apprehension of criminals throughout
the state, and shall have the power to conduct such
investigations as the superintendent, with the approval of the
commissioner of public safety, may deem necessary to secure
evidence which may be essential to the apprehension and
conviction of alleged violators of the criminal laws of the
state. The various members of the bureau shall have and may
exercise throughout the state the same powers of arrest
possessed by a sheriff, but they shall not be employed to render
police service in connection with strikes and other industrial
disputes.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 3. Minnesota Statutes 2004, section 299C.08, is
amended to read:
299C.08 [OATH OF SUPERINTENDENT AND EMPLOYEES.]
The superintendent and each employee in the bureau whom the
superintendent shall designate, before entering upon the
performance of duties under sections 299C.03 to 299C.08,
299C.10, 299C.105, 299C.11, 299C.17, 299C.18, and 299C.21, shall
take the usual oath.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 4. [299C.105] [DNA DATA REQUIRED.]
Subdivision 1. [REQUIRED COLLECTION OF BIOLOGICAL SPECIMEN
FOR DNA TESTING.] (a) Sheriffs, peace officers, and community
corrections agencies operating secure juvenile detention
facilities shall take or cause to be taken biological specimens
for the purpose of DNA analysis as defined in section 299C.155,
of the following:
(1) persons who have appeared in court and have had a
judicial probable cause determination on a charge of committing,
or persons having been convicted of or attempting to commit, any
of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) persons sentenced as patterned sex offenders under
section 609.108; or
(3) juveniles who have appeared in court and have had a
judicial probable cause determination on a charge of committing,
or juveniles having been adjudicated delinquent for committing
or attempting to commit, any of the following:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, 609.3451, subdivision 3, or 609.3453;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3.
(b) Unless the superintendent of the bureau requires a
shorter period, within 72 hours the biological specimen required
under paragraph (a) must be forwarded to the bureau in such a
manner as may be prescribed by the superintendent.
(c) Prosecutors, courts, and probation officers shall
attempt to ensure that the biological specimen is taken on a
person described in paragraph (a).
Subd. 2. [LAW ENFORCEMENT TRAINING; DUTIES.] (a) The
persons who collect the biological specimens required under
subdivision 1 must be trained to bureau-established standards in
the proper method of collecting and transmitting biological
specimens.
(b) A law enforcement officer who seeks to collect a
biological specimen from a juvenile pursuant to subdivision 1
must notify the juvenile's parent or guardian prior to
collecting the biological specimen.
Subd. 3. [BUREAU DUTY.] (a) The bureau shall destroy the
biological specimen and return all records to a person who
submitted a biological specimen under subdivision 1 but who was
found not guilty of a felony. Upon the request of a person who
submitted a biological specimen under subdivision 1 but where
the charge against the person was later dismissed, the bureau
shall destroy the person's biological specimen and return all
records to the individual.
(b) If the bureau destroys a biological specimen under
paragraph (a), the bureau shall also remove the person's
information from the bureau's combined DNA index system and
return all related records, and all copies or duplicates of them.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to persons arrested on or after that date.
Sec. 5. Minnesota Statutes 2004, section 299C.11, is
amended to read:
299C.11 [IDENTIFICATION DATA FURNISHED TO BUREAU.]
Subdivision 1. [IDENTIFICATION DATA OTHER THAN DNA.] (a)
Each sheriff and chief of police shall furnish the bureau, upon
such form as the superintendent shall prescribe, with such
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data as may be requested or
required by the superintendent of the bureau, which must be
taken under the provisions of section 299C.10. In addition,
sheriffs and chiefs of police shall furnish this identification
data to the bureau for individuals found to have been convicted
of a felony, gross misdemeanor, or targeted misdemeanor, within
the ten years immediately preceding their arrest.
(b) No petition under chapter 609A is required if the
person has not been convicted of any felony or gross
misdemeanor, either within or without the state, within the
period of ten years immediately preceding the determination of
all pending criminal actions or proceedings in favor of the
arrested person, and either of the following occurred:
(1) all charges were dismissed prior to a determination of
probable cause; or
(2) the prosecuting authority declined to file any charges
and a grand jury did not return an indictment.
Where these conditions are met, the bureau or agency shall, upon
demand, return to the arrested person finger and thumb prints,
photographs, distinctive physical mark identification data,
information on known aliases and street names, and other
identification data, and all copies and duplicates of them.
(c) Except as otherwise provided in paragraph (b), upon the
determination of all pending criminal actions or proceedings in
favor of the arrested person, and the granting of the petition
of the arrested person under chapter 609A, the bureau shall seal
finger and thumb prints, photographs, distinctive physical mark
identification data, information on known aliases and street
names, and other identification data, and all copies and
duplicates of them if the arrested person has not been convicted
of any felony or gross misdemeanor, either within or without the
state, within the period of ten years immediately preceding such
determination.
(d) Subd. 2. [DNA SAMPLES; LAW ENFORCEMENT DUTIES.] (a)
Each sheriff and chief of police shall furnish the bureau, in
such form as the superintendent shall prescribe, with the
biological specimens required to be taken under section 299C.105.
(b) DNA samples and DNA records of the arrested person
obtained through authority other than section 299C.105 shall not
be returned, sealed, or destroyed as to a charge supported by
probable cause.
(e) Subd. 3. [DEFINITIONS.] For purposes of this section:
(1) "determination of all pending criminal actions or
proceedings in favor of the arrested person" does not include:
(i) the sealing of a criminal record pursuant to section
152.18, subdivision 1, 242.31, or chapter 609A;
(ii) the arrested person's successful completion of a
diversion program;
(iii) an order of discharge under section 609.165; or
(iv) a pardon granted under section 638.02; and
(2) "targeted misdemeanor" has the meaning given in section
299C.10, subdivision 1.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to offenders arrested on or after that date.
Sec. 6. Minnesota Statutes 2004, section 299C.155, is
amended to read:
299C.155 [STANDARDIZED EVIDENCE COLLECTION; DNA ANALYSIS.]
Subdivision 1. [DEFINITION.] As used in this section, "DNA
analysis" means the process through which deoxyribonucleic acid
(DNA) in a human biological specimen is analyzed and compared
with DNA from another human biological specimen for
identification purposes.
Subd. 2. [UNIFORM EVIDENCE COLLECTION.] The bureau shall
develop uniform procedures and protocols for collecting evidence
in cases of alleged or suspected criminal sexual conduct,
including procedures and protocols for the collection and
preservation of human biological specimens for DNA analysis. Law
enforcement agencies and medical personnel who conduct
evidentiary exams shall use the uniform procedures and protocols
in their investigation of criminal sexual conduct offenses. The
uniform procedures and protocols developed under this
subdivision are not subject to the rulemaking provisions of
chapter 14.
Subd. 3. [DNA ANALYSIS AND DATA BANK.] The bureau shall
adopt uniform procedures and protocols to maintain, preserve,
and analyze human biological specimens for DNA. The bureau
shall establish a centralized system to cross-reference data
obtained from DNA analysis. Data contained on the bureau's
centralized system is private data on individuals, as that term
is defined in section 13.02. The bureau's centralized system
may only be accessed by authorized law enforcement personnel and
used solely for law enforcement identification purposes. The
remedies in section 13.08 apply to a violation of this
subdivision. The uniform procedures and protocols developed
under this subdivision are not subject to the rulemaking
provisions of chapter 14.
Subd. 4. [RECORD.] The bureau shall perform DNA analysis
and make data obtained available to law enforcement officials in
connection with criminal investigations in which human
biological specimens have been recovered. Upon request, the
bureau shall also make the data available to the prosecutor and
the subject of the data in any subsequent criminal prosecution
of the subject. The results of the bureau's DNA analysis and
related records are private data on individuals, as that term is
defined in section 13.02, and may only be used for law
enforcement identification purposes. The remedies in section
13.08 apply to a violation of this subdivision.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 7. Minnesota Statutes 2004, section 299C.21, is
amended to read:
299C.21 [PENALTY ON LOCAL OFFICER REFUSING INFORMATION.]
If any public official charged with the duty of furnishing
to the bureau fingerprint records, biological specimens,
reports, or other information required by sections 299C.06,
299C.10, 299C.105, 299C.11, 299C.17, shall neglect or refuse to
comply with such requirement, the bureau, in writing, shall
notify the state, county, or city officer charged with the
issuance of a warrant for the payment of the salary of such
official. Upon the receipt of the notice the state, county, or
city official shall withhold the issuance of a warrant for the
payment of the salary or other compensation accruing to such
officer for the period of 30 days thereafter until notified by
the bureau that such suspension has been released by the
performance of the required duty.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 8. [590.10] [PRESERVATION OF EVIDENCE.]
Subdivision 1. [PRESERVATION.] Notwithstanding any other
provision of law, all appropriate governmental entities shall
retain any biological evidence relating to the identification of
a defendant used to secure a conviction in a criminal case until
expiration of sentence unless earlier disposition is authorized
by court order after notice to the defendant and defense
counsel. No order for earlier disposition of this evidence
shall be issued if the defendant or defense counsel objects.
The governmental entity need retain only the portion of
such evidence as was used to obtain an accurate biological
sample used to obtain a conviction. If the size of the
biological sample requires that it be consumed in analysis, the
Minnesota Rules of Criminal Procedure shall apply. If evidence
is intentionally destroyed after the filing of a petition under
section 590.01, subdivision 1a, the court may impose appropriate
sanctions on the responsible party or parties.
Subd. 2. [DEFINITION.] For purposes of this section,
"biological evidence" means:
(1) the samples obtained in a sexual assault examination
kit; or
(2) any item that contains blood, semen, hair, saliva,
skin, tissue, or other identifiable biological material present
on physical evidence or preserved on a slide or swab if such
evidence relates to the identification of the defendant.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 9. Minnesota Statutes 2004, section 609.117, is
amended to read:
609.117 [DNA ANALYSIS OF CERTAIN OFFENDERS REQUIRED.]
Subdivision 1. [UPON SENTENCING.] If an offender has not
already done so, the court shall order an offender to provide a
biological specimen for the purpose of DNA analysis as defined
in section 299C.155 when:
(1) the court sentences a person charged with violating or
attempting to violate any of the following, committing or
attempting to commit a felony offense and the person is
convicted of that offense or of any offense arising out of the
same set of circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
(2) the court sentences a person as a patterned sex
offender under section 609.108; or
(3) (2) the juvenile court adjudicates a person a
delinquent child who is the subject of a delinquency petition
for violating or attempting to violate any of the following, and
the delinquency adjudication is based on a violation of one of
those sections or of any offense arising out of the same set of
circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision
3 petitioned for committing or attempting to commit a felony
offense and is adjudicated delinquent for that offense or any
offense arising out of the same set of circumstances.
The biological specimen or the results of the analysis shall be
maintained by the Bureau of Criminal Apprehension as provided in
section 299C.155.
Subd. 2. [BEFORE RELEASE.] The commissioner of corrections
or local corrections authority shall order a person to provide a
biological specimen for the purpose of DNA analysis 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) is currently serving a term of imprisonment for or has
a past conviction for violating or attempting to violate any of
the following or a similar law of another state or the United
States or was initially charged with violating one of the
following sections or a similar law of another state or the
United States and committing or attempting to commit a felony
offense and was convicted of another that offense or of any
offense arising out of the same set of circumstances:
(i) murder under section 609.185, 609.19, or 609.195;
(ii) manslaughter under section 609.20 or 609.205;
(iii) assault under section 609.221, 609.222, or 609.223;
(iv) robbery under section 609.24 or aggravated robbery
under section 609.245;
(v) kidnapping under section 609.25;
(vi) false imprisonment under section 609.255;
(vii) criminal sexual conduct under section 609.342,
609.343, 609.344, 609.345, or 609.3451, subdivision 3;
(viii) incest under section 609.365;
(ix) burglary under section 609.582, subdivision 1; or
(x) indecent exposure under section 617.23, subdivision 3;
or
(2) was sentenced as a patterned sex offender under section
609.108, and committed to the custody of the commissioner of
corrections, or the person has a past felony conviction in this
or any other state; or
(3) (2) is serving a term of imprisonment in this state
under a reciprocal agreement although convicted in another state
of an offense described in this subdivision or a similar law of
the United States or any other state committing or attempting to
commit a felony offense or of any offense arising out of the
same set of circumstances if the person was initially charged
with committing or attempting to commit a felony offense. The
commissioner of corrections or local corrections authority shall
forward the sample to the Bureau of Criminal Apprehension.
Subd. 3. [OFFENDERS FROM OTHER STATES.] When the state
accepts an offender from another state under the interstate
compact authorized by section 243.16, the acceptance is
conditional on the offender providing a biological specimen for
the purposes of DNA analysis as defined in section 299C.155, if
the offender was convicted of an offense described in
subdivision 1 or a similar law of the United States or any other
state initially charged with committing or attempting to commit
a felony offense and was convicted of that offense or of any
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, 2005,
and applies to offenders sentenced, released from incarceration,
or accepted for supervision on or after that date.
Sec. 10. Minnesota Statutes 2004, section 609A.02,
subdivision 3, is amended to read:
Subd. 3. [CERTAIN CRIMINAL PROCEEDINGS NOT RESULTING IN A
CONVICTION.] A petition may be filed under section 609A.03 to
seal all records relating to an arrest, indictment or
information, trial, or verdict if the records are not subject to
section 299C.11, subdivision 1, paragraph (b), and if all
pending actions or proceedings were resolved in favor of the
petitioner. For purposes of this chapter, a verdict of not
guilty by reason of mental illness is not a resolution in favor
of the petitioner.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 11. Minnesota Statutes 2004, section 609A.03,
subdivision 7, is amended to read:
Subd. 7. [LIMITATIONS OF ORDER.] (a) Upon issuance of an
expungement order related to a charge supported by probable
cause, the DNA samples and DNA records held by the Bureau of
Criminal Apprehension and collected under authority other than
section 299C.105, shall not be sealed, returned to the subject
of the record, or destroyed.
(b) Notwithstanding the issuance of an expungement order:
(1) an expunged record may be opened for purposes of a
criminal investigation, prosecution, or sentencing, upon an ex
parte court order; and
(2) an expunged record of a conviction may be opened for
purposes of evaluating a prospective employee in a criminal
justice agency without a court order.
Upon request by law enforcement, prosecution, or
corrections authorities, an agency or jurisdiction subject to an
expungement order shall inform the requester of the existence of
a sealed record and of the right to obtain access to it as
provided by this paragraph. For purposes of this section, a
"criminal justice agency" means courts or a government agency
that performs the administration of criminal justice under
statutory authority.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 12. [REPEALER.]
Minnesota Statutes 2004, section 609.119, is repealed.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
ARTICLE 13
CORRECTIONS
Section 1. Minnesota Statutes 2004, section 16C.09, is
amended to read:
16C.09 [PROCEDURE FOR SERVICE CONTRACTS.]
(a) Before entering into or approving a service contract,
the commissioner must determine, at least, that:
(1) no current state employee is able and available to
perform the services called for by the contract;
(2) the work to be performed under the contract is
necessary to the agency's achievement of its statutory
responsibilities and there is statutory authority to enter into
the contract;
(3) the contract will not establish an employment
relationship between the state or the agency and any persons
performing under the contract;
(4) the contractor and agents are not employees of the
state;
(5) the contracting agency has specified a satisfactory
method of evaluating and using the results of the work to be
performed; and
(6) the combined contract and amendments will not exceed
five years without specific, written approval by the
commissioner according to established policy, procedures, and
standards, or unless otherwise provided for by law. The term of
the original contract must not exceed two years, unless the
commissioner determines that a longer duration is in the best
interest of the state.
(b) For purposes of paragraph (a), clause (1), employees
are available if qualified and:
(1) are already doing the work in question; or
(2) are on layoff status in classes that can do the work in
question.
An employee is not available if the employee is doing other
work, is retired, or has decided not to do the work in question.
(c) This section does not apply to an agency's use of
inmates pursuant to sections 241.20 to 241.23 or to an agency's
use of persons required by a court to provide:
(1) community service; or
(2) conservation or maintenance services on lands under the
jurisdiction and control of the state.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 43A.047, is
amended to read:
43A.047 [CONTRACTED SERVICES.]
(a) Executive agencies, including the Minnesota State
Colleges and Universities system, must demonstrate that they
cannot use available staff before hiring outside consultants or
services. If use of consultants is necessary, agencies are
encouraged to negotiate contracts that will involve permanent
staff, so as to upgrade and maximize training of state employees.
(b) If agencies reduce operating budgets, agencies must
give priority to reducing spending on professional and technical
service contracts before laying off permanent employees.
(c) This section does not apply to an agency's use of
inmates pursuant to sections 241.20 to 241.23 or to an agency's
use of persons required by a court to provide:
(1) community service; or
(2) conservation or maintenance services on lands under the
jurisdiction and control of the state.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 3. [241.026] [CORRECTIONAL OFFICERS DISCIPLINE
PROCEDURES.]
Subdivision 1. [DEFINITIONS.] (a) For purposes of this
section, the terms defined in this subdivision have the meanings
given them.
(b) "Correctional officer" and "officer" mean a person
employed by the state, a state correctional facility, or a local
correctional or detention facility in a security capacity.
(c) "Formal statement" means the questioning of an officer
in the course of obtaining a recorded, stenographic, or signed
statement to be used as evidence in a disciplinary proceeding
against the officer.
Subd. 2. [APPLICABILITY.] The procedures and provisions of
this section apply to state and local correctional authorities.
Subd. 3. [GOVERNING FORMAL STATEMENT PROCEDURES.] The
formal statement of an officer must be taken according to
subdivision 4.
Subd. 4. [PLACE OF FORMAL STATEMENT.] The formal statement
must be taken at a facility of the employing or investigating
agency or at a place agreed to by the investigating individual
and the investigated officer.
Subd. 5. [ADMISSIONS.] Before an officer's formal
statement is taken, the officer shall be advised in writing or
on the record that admissions made in the course of the formal
statement may be used as evidence of misconduct or as a basis
for discipline.
Subd. 6. [DISCLOSURE OF FINANCIAL RECORDS.] No employer
may require an officer to produce or disclose the officer's
personal financial records except pursuant to a valid search
warrant or subpoena.
Subd. 7. [RELEASE OF PHOTOGRAPHS.] No state or local
correctional facility or governmental unit may publicly release
photographs of an officer without the written permission of the
officer, except that the facility or unit may display a
photograph of an officer to a prospective witness as part of an
agency or unit investigation.
Subd. 8. [DISCIPLINARY LETTER.] No disciplinary letter or
reprimand may be included in an officer's personnel record
unless the officer has been given a copy of the letter or
reprimand.
Subd. 9. [RETALIATORY ACTION PROHIBITED.] No officer may
be discharged, disciplined, or threatened with discharge or
discipline as retaliation for or solely by reason of the
officer's exercise of the rights provided by this section.
Subd. 10. [RIGHTS NOT REDUCED.] The rights of officers
provided by this section are in addition to and do not diminish
the rights and privileges of officers that are provided under an
applicable collective bargaining agreement or any other
applicable law.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 4. Minnesota Statutes 2004, section 243.1606,
subdivision 1, is amended to read:
Subdivision 1. [MEMBERSHIP.] The Advisory Council on
Interstate Adult Offender Supervision consists of the following
individuals or their designees:
(1) the governor;
(2) the chief justice of the Supreme Court;
(3) two senators, one from the majority and the other from
the minority party, selected by the Subcommittee on Committees
of the senate Committee on Rules and Administration;
(4) two representatives, one from the majority and the
other from the minority party, selected by the house speaker;
(5) the compact administrator, selected as provided in
section 243.1607; and
(6) the executive director of the Center for Crime Victim
Services; and
(7) other members as appointed by the commissioner of
corrections.
The council may elect a chair from among its members.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 5. Minnesota Statutes 2004, section 243.24,
subdivision 2, is amended to read:
Subd. 2. [CHIEF EXECUTIVE OFFICER TO INCREASE FUND TO
$100.] If the fund standing to the credit of the prisoner on the
prisoner's leaving the facility by discharge, supervised
release, or on parole be less than $100, the warden or chief
executive officer is directed to pay out of the current expense
fund of the facility sufficient funds to make the total of said
earnings the sum of $100. Offenders who have previously
received the $100 upon their initial release from incarceration
will not receive the $100 on any second or subsequent release
from incarceration for that offense. Offenders who were
sentenced as short-term offenders under section 609.105 shall
not receive gate money.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 6. [244.055] [CONDITIONAL RELEASE OF NONVIOLENT
CONTROLLED SUBSTANCE OFFENDERS; OPPORTUNITY FOR DRUG TREATMENT.]
Subdivision 1. [CONDITIONAL RELEASE AUTHORITY.] The
commissioner of corrections has the authority to release
offenders committed to the commissioner's custody who meet the
requirements of this section and of any rules adopted by the
commissioner.
Subd. 2. [CONDITIONAL RELEASE OF CERTAIN NONVIOLENT
CONTROLLED SUBSTANCE OFFENDERS.] An offender who has been
committed to the commissioner's custody may petition the
commissioner for conditional release from prison before the
offender's scheduled supervised release date or target release
date if:
(1) the offender is serving a sentence for violating
section 152.021, subdivision 2 or 2a; 152.022, subdivision 2;
152.023; 152.024; or 152.025;
(2) the offender committed the crime as a result of a
controlled substance addiction, and not primarily for profit;
(3) the offender has served at least 36 months or one-half
of the offender's term of imprisonment, whichever is less;
(4) the offender successfully completed a chemical
dependency treatment program of the type described in this
section while in prison;
(5) the offender has not previously been conditionally
released under this section; and
(6) the offender has not within the past ten years been
convicted or adjudicated delinquent for a violent crime as
defined in section 609.1095 other than the current conviction
for the controlled substance offense.
Subd. 3. [OFFER OF CHEMICAL DEPENDENCY TREATMENT.] The
commissioner shall offer all offenders meeting the criteria
described in subdivision 2, clauses (1), (2), (5), and (6), the
opportunity to begin a suitable chemical dependency treatment
program of the type described in this section within 160 days
after the offender's term of imprisonment begins or as soon
after 160 days as possible.
Subd. 4. [CHEMICAL DEPENDENCY TREATMENT PROGRAM
COMPONENTS.] (a) The chemical dependency treatment program
described in subdivisions 2 and 3 must:
(1) contain a highly structured daily schedule for the
offender;
(2) contain individualized educational programs designed to
improve the basic educational skills of the offender and to
provide vocational training, if appropriate;
(3) contain programs designed to promote the offender's
self-worth and the offender's acceptance of responsibility for
the consequences of the offender's own decisions;
(4) be licensed by the Department of Human Services and
designed to serve the inmate population; and
(5) require that each offender submit to a chemical use
assessment and that the offender receive the appropriate level
of treatment as indicated by the assessment.
(b) The commissioner shall expel from the chemical
dependency treatment program, any offender who:
(1) commits a material violation of, or repeatedly fails to
follow the rules of the program;
(2) commits any criminal offense while in the program; or
(3) presents any risk to other inmates based on the
offender's behavior or attitude.
Subd. 5. [ADDITIONAL REQUIREMENTS.] To be eligible for
release under this section, an offender shall sign a written
contract with the commissioner agreeing to comply with the
requirements of this section and the conditions imposed by the
commissioner. In addition to other items, the contract must
specifically refer to the term of imprisonment extension in
subdivision 6. In addition, the offender shall agree to submit
to random drug and alcohol tests and electronic or home
monitoring as determined by the commissioner or the offender's
supervising agent. The commissioner may impose additional
requirements on the offender that are necessary to carry out the
goals of this section.
Subd. 6. [EXTENSION OF TERM OF IMPRISONMENT FOR OFFENDERS
WHO FAIL IN TREATMENT.] When an offender fails to successfully
complete the chemical dependency treatment program under this
section, the commissioner shall add the time that the offender
was participating in the program to the offender's term of
imprisonment. However, the offender's term of imprisonment may
not be extended beyond the offender's executed sentence.
Subd. 7. [RELEASE PROCEDURES.] The commissioner may deny
conditional release to an offender under this section if the
commissioner determines that the offender's release may
reasonably pose a danger to the public or an individual. In
making this determination, the commissioner shall follow the
procedures contained in section 244.05, subdivision 5, and the
rules adopted by the commissioner under that subdivision. The
commissioner shall consider whether the offender was involved in
criminal gang activity during the offender's prison term. The
commissioner shall also consider the offender's custody
classification and level of risk of violence and the
availability of appropriate community supervision for the
offender. Conditional release granted under this section
continues until the offender's sentence expires, unless release
is rescinded under subdivision 8. The commissioner may not
grant conditional release unless a release plan is in place for
the offender that addresses, at a minimum, plans for aftercare,
community-based chemical dependency treatment, gaining
employment, and securing housing.
Subd. 8. [CONDITIONAL RELEASE.] The conditions of release
granted under this section are governed by the statutes and
rules governing supervised release under this chapter, except
that release may be rescinded without hearing by the
commissioner if the commissioner determines that continuation of
the conditional release poses a danger to the public or to an
individual. If the commissioner rescinds an offender's
conditional release, the offender shall be returned to prison
and shall serve the remaining portion of the offender's sentence.
Subd. 9. [OFFENDERS SERVING OTHER SENTENCES.] An offender
who is serving both a sentence for an offense described in
subdivision 2 and an offense not described in subdivision 2, is
not eligible for release under this section unless the offender
has completed the offender's full term of imprisonment for the
other offense.
Subd. 10. [NOTICE.] Upon receiving an offender's petition
for release under subdivision 2, the commissioner shall notify
the prosecuting authority responsible for the offender's
conviction and the sentencing court. The commissioner shall
give the authority and court a reasonable opportunity to comment
on the offender's potential release. This subdivision applies
only to offenders sentenced before July 1, 2005.
Subd. 11. [SUNSET.] This section expires July 1, 2007.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to persons in prison on or after that date.
Sec. 7. Minnesota Statutes 2004, section 244.18,
subdivision 2, is amended to read:
Subd. 2. [LOCAL CORRECTIONAL FEES.] A local correctional
agency may establish a schedule of local correctional fees to
charge persons convicted of a crime and under the supervision
and control of the local correctional agency to defray costs
associated with correctional services. The local correctional
fees on the schedule must be reasonably related to defendants'
abilities to pay and the actual cost of correctional services.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 8. Minnesota Statutes 2004, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5318, the following terms have the meanings given
them.
(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess
under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Park District park
rangers, the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, the
Department of Corrections' Fugitive Apprehension Unit, or a city
or airport police department.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter,
chapter 152, or chapter 624;
(2) for driver's license or identification card
transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.322;
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e),
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487;
609.52; 609.525; 609.527; 609.528; 609.53; 609.54; 609.551;
609.561; 609.562; 609.563; 609.582; 609.59; 609.595; 609.631;
609.66, subdivision 1e; 609.671, subdivisions 3, 4, 5, 8, and
12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893;
609.895; 617.246; or a gross misdemeanor or felony violation of
section 609.891 or 624.7181; or any violation of section 609.324.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 9. Minnesota Statutes 2004, section 609.5311,
subdivision 2, is amended to read:
Subd. 2. [ASSOCIATED PROPERTY.] (a) All property, real and
personal, that has been used, or is intended for use, or has in
any way facilitated, in whole or in part, the manufacturing,
compounding, processing, delivering, importing, cultivating,
exporting, transporting, or exchanging of contraband or a
controlled substance that has not been lawfully manufactured,
distributed, dispensed, and acquired is subject to forfeiture
under this section, except as provided in subdivision 3.
(b) The Department of Corrections' Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture under paragraph (a).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 10. Minnesota Statutes 2004, section 609.5311,
subdivision 3, is amended to read:
Subd. 3. [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY
ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device
is subject to forfeiture under this section only if the retail
value of the controlled substance is $25 or more and the
conveyance device is associated with a felony-level controlled
substance crime.
(b) Real property is subject to forfeiture under this
section only if the retail value of the controlled substance or
contraband is $1,000 or more.
(c) Property used by any person as a common carrier in the
transaction of business as a common carrier is subject to
forfeiture under this section only if the owner of the property
is a consenting party to, or is privy to, the use or intended
use of the property as described in subdivision 2.
(d) Property is subject to forfeiture under this section
only if its owner was privy to the use or intended use described
in subdivision 2, or the unlawful use or intended use of the
property otherwise occurred with the owner's knowledge or
consent.
(e) Forfeiture under this section of a conveyance device or
real property encumbered by a bona fide security interest is
subject to the interest of the secured party unless the secured
party had knowledge of or consented to the act or omission upon
which the forfeiture is based. A person claiming a security
interest bears the burden of establishing that interest by clear
and convincing evidence.
(f) Forfeiture under this section of real property is
subject to the interests of a good faith purchaser for value
unless the purchaser had knowledge of or consented to the act or
omission upon which the forfeiture is based.
(g) Notwithstanding paragraphs (d), (e), and (f), property
is not subject to forfeiture based solely on the owner's or
secured party's knowledge of the unlawful use or intended use of
the property if: (1) the owner or secured party took reasonable
steps to terminate use of the property by the offender; or (2)
the property is real property owned by the parent of the
offender, unless the parent actively participated in, or
knowingly acquiesced to, a violation of chapter 152, or the real
property constitutes proceeds derived from or traceable to a use
described in subdivision 2.
(h) The Department of Correction's Fugitive Apprehension
Unit shall not seize a conveyance device or real property, for
the purposes of forfeiture under paragraphs (a) to (g).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 11. Minnesota Statutes 2004, section 609.5312,
subdivision 1, is amended to read:
Subdivision 1. [PROPERTY SUBJECT TO FORFEITURE.] (a) All
personal property is subject to forfeiture if it was used or
intended for use to commit or facilitate the commission of a
designated offense. All money and other property, real and
personal, that represent proceeds of a designated offense, and
all contraband property, are subject to forfeiture, except as
provided in this section.
(b) The Department of Corrections' Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture under paragraph (a).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 12. Minnesota Statutes 2004, 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.
(f) The Department of Corrections' Fugitive Apprehension
Unit shall not participate in paragraphs (a) to (e).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 13. Minnesota Statutes 2004, 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.
(g) The Department of Corrections' Fugitive Apprehension
Unit shall not seize a motor vehicle for the purposes of
forfeiture under paragraphs (a) to (f).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 14. Minnesota Statutes 2004, section 609.5314,
subdivision 1, is amended to read:
Subdivision 1. [PROPERTY SUBJECT TO ADMINISTRATIVE
FORFEITURE; PRESUMPTION.] (a) The following are presumed to be
subject to administrative forfeiture under this section:
(1) all money, precious metals, and precious stones found
in proximity to:
(i) controlled substances;
(ii) forfeitable drug manufacturing or distributing
equipment or devices; or
(iii) forfeitable records of manufacture or distribution of
controlled substances;
(2) all conveyance devices containing controlled substances
with a retail value of $100 or more if possession or sale of the
controlled substance would be a felony under chapter 152; and
(3) all firearms, ammunition, and firearm accessories found:
(i) in a conveyance device used or intended for use to
commit or facilitate the commission of a felony offense
involving a controlled substance;
(ii) on or in proximity to a person from whom a felony
amount of controlled substance is seized; or
(iii) on the premises where a controlled substance is
seized and in proximity to the controlled substance, if
possession or sale of the controlled substance would be a felony
under chapter 152.
(4) The Department of Corrections' Fugitive Apprehension
Unit shall not seize items listed in clauses (2) and (3) for the
purposes of forfeiture.
(b) A claimant of the property bears the burden to rebut
this presumption.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 15. Minnesota Statutes 2004, section 609.5317,
subdivision 1, is amended to read:
Subdivision 1. [RENTAL PROPERTY.] (a) When contraband or a
controlled substance manufactured, distributed, or acquired in
violation of chapter 152 is seized on residential rental
property incident to a lawful search or arrest, the county
attorney shall give the notice required by this subdivision to
(1) the landlord of the property or the fee owner identified in
the records of the county assessor, and (2) the agent authorized
by the owner to accept service pursuant to section 504B.181.
The notice is not required during an ongoing investigation. The
notice shall state what has been seized and specify the
applicable duties and penalties under this subdivision. The
notice shall state that the landlord who chooses to assign the
right to bring an eviction action retains all rights and duties,
including removal of a tenant's personal property following
issuance of the writ of restitution and delivery of the writ to
the sheriff for execution. The notice shall also state that the
landlord may contact the county attorney if threatened by the
tenant. Notice shall be sent by certified letter, return
receipt requested, within 30 days of the seizure. If receipt is
not returned, notice shall be given in the manner provided by
law for service of summons in a civil action.
(b) Within 15 days after notice of the first occurrence,
the landlord shall bring, or assign to the county attorney of
the county in which the real property is located, the right to
bring an eviction action against the tenant. The assignment
must be in writing on a form prepared by the county attorney.
Should the landlord choose to assign the right to bring an
eviction action, the assignment shall be limited to those rights
and duties up to and including delivery of the writ of
restitution to the sheriff for execution.
(c) Upon notice of a second occurrence on any residential
rental property owned by the same landlord in the same county
and involving the same tenant, and within one year after notice
of the first occurrence, the property is subject to forfeiture
under sections 609.531, 609.5311, 609.5313, and 609.5315, unless
an eviction action has been commenced as provided in paragraph
(b) or the right to bring an eviction action was assigned to the
county attorney as provided in paragraph (b). If the right has
been assigned and not previously exercised, or if the county
attorney requests an assignment and the landlord makes an
assignment, the county attorney may bring an eviction action
rather than an action for forfeiture.
(d) The Department of Corrections' Fugitive Apprehension
Unit shall not seize real property for the purposes of
forfeiture as described in paragraphs (a) to (c).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 16. Minnesota Statutes 2004, section 609.5318,
subdivision 1, is amended to read:
Subdivision 1. [MOTOR VEHICLES SUBJECT TO FORFEITURE.] (a)
A motor vehicle is subject to forfeiture under this section if
the prosecutor establishes by clear and convincing evidence that
the vehicle was used in a violation of section 609.66,
subdivision 1e. The prosecutor need not establish that any
individual was convicted of the violation, but a conviction of
the owner for a violation of section 609.66, subdivision 1e,
creates a presumption that the vehicle was used in the violation.
(b) The Department of Corrections' Fugitive Apprehension
Unit shall not seize a motor vehicle for the purposes of
forfeiture under paragraph (a).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 17. Minnesota Statutes 2004, section 631.425,
subdivision 4, is amended to read:
Subd. 4. [CONFINEMENT WHEN NOT EMPLOYED.] Unless the court
otherwise directs, the sheriff or local correctional agency may
electronically monitor or confine in jail each inmate must be
confined in jail during the time the inmate is not employed, or,
if the inmate is employed, between the times of employment. The
sheriff may not electronically monitor an offender who is
sentenced for an offense within the definition of domestic abuse
under section 518B.01, subdivision 2, unless the court directs
otherwise. The sheriff may assess the cost of electronic
monitoring on the offender.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 18. Minnesota Statutes 2004, section 641.21, is
amended to read:
641.21 [JAIL, ADVICE AS TO CONSTRUCTION.]
When any county board determines to purchase, lease or
erect a new jail, or to repair an existing one at an expense of
more than $5,000 $15,000, it shall pass a resolution to that
effect, and transmit a copy thereof to the commissioner of
corrections, who, within 30 days thereafter, shall transmit to
that county board the advice and suggestions in reference to the
purchase, lease or construction thereof as the commissioner
deems proper.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 19. [MCF-FARIBAULT DEDICATION OF SPACE.]
While planning, designing, and constructing new facilities
on the campus of the Minnesota Correctional Facility in
Faribault, the commissioner of corrections shall designate a
space on the campus sufficient in size to build one additional
prison building. This space must be preserved and designated
for the benefit of Rice County for the future construction of a
county correctional facility.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and expires on July 1, 2015.
Sec. 20. [REPEALER.]
Minnesota Statutes 2004, section 243.162, is repealed.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
ARTICLE 14
COURTS AND PUBLIC DEFENDER
Section 1. Minnesota Statutes 2004, section 2.722,
subdivision 1, is amended to read:
Subdivision 1. [DESCRIPTION.] Effective July 1, 1959, the
state is divided into ten judicial districts composed of the
following named counties, respectively, in each of which
districts judges shall be chosen as hereinafter specified:
1. Goodhue, Dakota, Carver, Le Sueur, McLeod, Scott, and
Sibley; 33 judges; and four permanent chambers shall be
maintained in Red Wing, Hastings, Shakopee, and Glencoe and one
other shall be maintained at the place designated by the chief
judge of the district;
2. Ramsey; 26 judges;
3. Wabasha, Winona, Houston, Rice, Olmsted, Dodge, Steele,
Waseca, Freeborn, Mower, and Fillmore; 23 judges; and permanent
chambers shall be maintained in Faribault, Albert Lea, Austin,
Rochester, and Winona;
4. Hennepin; 60 judges;
5. Blue Earth, Watonwan, Lyon, Redwood, Brown, Nicollet,
Lincoln, Cottonwood, Murray, Nobles, Pipestone, Rock, Faribault,
Martin, and Jackson; 16 judges; and permanent chambers shall be
maintained in Marshall, Windom, Fairmont, New Ulm, and Mankato;
6. Carlton, St. Louis, Lake, and Cook; 15 judges;
7. Benton, Douglas, Mille Lacs, Morrison, Otter Tail,
Stearns, Todd, Clay, Becker, and Wadena; 25 27 judges; and
permanent chambers shall be maintained in Moorhead, Fergus
Falls, Little Falls, and St. Cloud;
8. Chippewa, Kandiyohi, Lac qui Parle, Meeker, Renville,
Swift, Yellow Medicine, Big Stone, Grant, Pope, Stevens,
Traverse, and Wilkin; 11 judges; and permanent chambers shall be
maintained in Morris, Montevideo, and Willmar;
9. Norman, Polk, Marshall, Kittson, Red Lake, Roseau,
Mahnomen, Pennington, Aitkin, Itasca, Crow Wing, Hubbard,
Beltrami, Lake of the Woods, Clearwater, Cass and Koochiching;
22 judges; and permanent chambers shall be maintained in
Crookston, Thief River Falls, Bemidji, Brainerd, Grand Rapids,
and International Falls; and
10. Anoka, Isanti, Wright, Sherburne, Kanabec, Pine,
Chisago, and Washington; 41 43 judges; and permanent chambers
shall be maintained in Anoka, Stillwater, and other places
designated by the chief judge of the district.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 2. Minnesota Statutes 2004, section 253B.08,
subdivision 1, is amended to read:
Subdivision 1. [TIME FOR COMMITMENT HEARING.] The hearing
on the commitment petition shall be held within 14 days from the
date of the filing of the petition, except that the hearing on a
commitment petition pursuant to section 253B.185 shall be held
within 90 days from the date of the filing of the petition. For
good cause shown, the court may extend the time of hearing up to
an additional 30 days. The proceeding shall be dismissed if the
proposed patient has not had a hearing on a commitment petition
within the allowed time. The proposed patient, or the head of
the treatment facility in which the person is held, may demand
in writing at any time that the hearing be held immediately.
Unless the hearing is held within five days of the date of the
demand, exclusive of Saturdays, Sundays and legal holidays, the
petition shall be automatically discharged if the patient is
being held in a treatment facility pursuant to court order. For
good cause shown, the court may extend the time of hearing on
the demand for an additional ten days.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 3. Minnesota Statutes 2004, 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
$235 $240.
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 $235 $240.
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, $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, $40.
(6) Issuing a transcript of judgment, or for filing and
docketing a transcript of judgment from another court, $30.
(7) Filing and entering a satisfaction of judgment, partial
satisfaction, or assignment of judgment, $5.
(8) Certificate as to existence or nonexistence of
judgments docketed, $5 for each name certified to.
(9) Filing and indexing trade name; or recording basic
science certificate; or recording certificate of physicians,
osteopaths, chiropractors, veterinarians, or optometrists, $5.
(10) For the filing of each partial, final, or annual
account in all trusteeships, $40.
(11) For the deposit of a will, $20.
(12) For recording notary commission, $100, of which,
notwithstanding subdivision 1a, paragraph (b), $80 must be
forwarded to the commissioner of finance to be deposited in the
state treasury and credited to the general fund.
(13) Filing a motion or response to a motion for
modification of child support, a fee fixed by rule or order of
the Supreme Court.
(14) All other services required by law for which no fee is
provided, such fee as compares favorably with those herein
provided, or such as may be fixed by rule or order of the court.
(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 (5) need not be paid by a
public authority or the party the public authority represents.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 4. Minnesota Statutes 2004, section 357.021,
subdivision 6, is amended to read:
Subd. 6. [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.]
(a) Except as provided in this paragraph, the court shall impose
and the court administrator shall collect a $60 $72 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 $4 surcharge. In the Second Judicial
District, the court shall impose, and the court administrator
shall collect, an additional $1 surcharge on every person
convicted of any felony, gross misdemeanor, misdemeanor, or
petty misdemeanor offense, other than including a violation of a
law or ordinance relating to vehicle parking, if the Ramsey
County Board of Commissioners authorizes the $1 surcharge. The
surcharge shall be imposed whether or not the person is
sentenced to imprisonment or the sentence is stayed. The
surcharge shall not be imposed when a person is convicted of a
petty misdemeanor for which no fine is imposed.
(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 commissioner of finance.
(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 commissioner of finance.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 5. Minnesota Statutes 2004, section 357.021,
subdivision 7, is amended to read:
Subd. 7. [DISBURSEMENT OF SURCHARGES BY COMMISSIONER OF
FINANCE.] (a) Except as provided in paragraphs (b), (c), and
(d), the commissioner of finance 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 commissioner of finance shall credit $3 of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, to the general fund.
(c) In addition to any amounts credited under paragraph
(a), the commissioner of finance shall credit $32 $44 of each
surcharge received under subdivision 6 and section 97A.065,
subdivision 2, and the $3 $4 parking surcharge, to the general
fund.
(d) If the Ramsey County Board of Commissioners authorizes
imposition of the additional $1 surcharge provided for in
subdivision 6, paragraph (a), the court administrator in the
Second Judicial District shall withhold $1 from each surcharge
collected under subdivision 6. The court administrator must use
the withheld funds solely to fund the petty misdemeanor
diversion program administered by the Ramsey County Violations
Bureau. The court administrator must transfer any unencumbered
portion of the funds received under this subdivision to the
commissioner of finance for distribution according to paragraphs
(a) to (c) transmit the surcharge to the commissioner of finance.
The $1 special surcharge is deposited in a Ramsey County
surcharge account in the special revenue fund and amounts in the
account are appropriated to the trial courts for the
administration of the petty misdemeanor diversion program
operated by the Second Judicial District Ramsey County
Violations Bureau.
[EFFECTIVE DATE.] The changes to paragraph (c) are
effective July 1, 2005. The changes to paragraph (d) are
effective either the day after the governing body of Ramsey
County authorizes imposition of the surcharge, or July 1, 2005,
whichever is the later date, and applies to convictions on or
after that date.
Sec. 6. Minnesota Statutes 2004, section 357.18, is
amended to read:
357.18 [COUNTY RECORDER.]
Subdivision 1. [COUNTY RECORDER FEES.] The fees to be
charged by the county recorder shall be as follows and not
exceed the following:
(1) for indexing and recording any deed or other instrument
$1 for each page of an instrument, with a minimum fee of $15 a
fee of $46; $10.50 shall be paid to the state treasury and
credited to the general fund; $10 shall be deposited in the
technology fund pursuant to subdivision 3; and $25.50 to the
county general fund;
(2) for documents containing multiple assignments, partial
releases or satisfactions $10 for each document number or book
and page cited a fee of $40; if the document cites more than
four recorded instruments, an additional fee of $10 for each
additional instrument cited over the first four citations;
(3) for certified copies of any records or papers, $1 for
each page of an instrument with a minimum fee of $5 $10;
(4) for a noncertified copy of any instrument or writing on
file or recorded in the office of the county recorder, or any
specified page or part of it, an amount as determined by the
county board for each page or fraction of a page specified. If
computer or microfilm printers are used to reproduce the
instrument or writing, a like amount per image;
(5) for an abstract of title, the fees shall be determined
by resolution of the county board duly adopted upon the
recommendation of the county recorder, and the fees shall not
exceed $5 $10 for every entry, $50 $100 for abstract
certificate, $1 per page for each exhibit included within an
abstract as a part of an abstract entry, and $2 $5 per name for
each required name search certification;
(5) (6) for a copy of an official plat filed pursuant to
section 505.08, the fee shall be $9.50 $10 and an additional 50
cents $5 shall be charged for the certification of each plat;
(6) (7) for filing an amended floor plan in accordance with
chapter 515, an amended condominium plat in accordance with
chapter 515A, or a common interest community plat or amendment
complying with section 515B.2-110, subsection (c), the fee shall
be 50 cents per apartment or unit with a minimum fee of $30 $50;
(7) (8) for a copy of a floor plan filed pursuant to
chapter 515, a copy of a condominium plat filed in accordance
with chapter 515A, or a copy of a common interest community plat
complying with section 515B.2-110, subsection (c), the fee shall
be $1 for each page of the floor plan, condominium plat or
common interest community plat with a minimum fee of $10;
(9) for recording any plat, a fee of $56, of which $10.50
must be paid to the state treasury and credited to the general
fund, $10 must be deposited in the technology fund pursuant to
subdivision 3, and $35.50 must be deposited in the county
general fund; and
(10) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a county recorder shall return
it marked "copy" or "duplicate," showing the recording date and,
if available, the document number assigned to the original.
Subd. 1a. [ABSTRACTING SERVICE FEES.] Fees fixed by or
established pursuant to subdivision 1 shall be the maximum fee
charged in all counties where the county recorder performs
abstracting services and shall be charged by persons authorized
to perform abstracting services in county buildings pursuant to
section 386.18.
Subd. 2. [FEES FOR RECORDING INSTRUMENTS IN COUNTY
RECORDER OFFICE.] Notwithstanding the provisions of any general
or special law to the contrary, the fees prescribed by this
section shall govern the filing or recording of all instruments
in the office of the county recorder established fees pursuant
to subdivision 1 shall be the fee charged in all counties for
the specified service, other than Uniform Commercial Code
documents, and documents filed or recorded pursuant to sections
270.69, subdivision 2, paragraph (c), 272.481 to 272.488,
277.20, and 386.77.
Subd. 3. [SURCHARGE.] In addition to the fees imposed in
subdivision 1, a $4.50 surcharge shall be collected: on each
fee charged under subdivision 1, clauses (1) and (6), and for
each abstract certificate under subdivision 1, clause (4).
Fifty cents of each surcharge shall be retained by the county to
cover its administrative costs and $4 shall be paid to the state
treasury and credited to the general fund.
Subd. 4. [EQUIPMENT TECHNOLOGY FUND.] $1 of each The $10
fee collected under subdivision 1, clause (1), shall be
deposited in an equipment a technology fund to for obtaining,
maintaining, and updating current technology and equipment to
provide services from the record system. The fund shall be
disbursed at the county recorder's discretion to provide modern
information services from the records system. The fund is a
supplemental fund and shall not be construed to diminish the
duty of the county governing body to furnish funding for
expenses and personnel necessary in the performance of the
duties of the office pursuant to section 386.015, subdivision 6,
paragraph (a), clause (2), and to comply with the requirements
of section 357.182.
Subd. 5. [VARIANCE FROM STANDARDS.] A document that does
not should conform to the standards in section 507.093,
paragraph (a), shall not be recorded except upon payment of an
additional fee of $10 per document but should not be rejected
unless the document is not legible or cannot be archived. This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks contained in the book of forms on file in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.
Subd. 6. [REGISTRAR OF TITLES' FEES.] The fees to be
charged by the registrar of titles are in sections 508.82 and
508A.82.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 7. [357.182] [COUNTY FEES AND RECORDING STANDARDS FOR
THE RECORDING OF REAL ESTATE DOCUMENTS.]
Subdivision 1. [APPLICATION.] Unless otherwise specified
in this section and notwithstanding any other law to the
contrary, effective August 1, 2005, this section applies to each
county in Minnesota. Documents presented for recording within
60 days after the effective date of this section and that are
acknowledged, sworn to before a notary, or certified before the
effective date of this section must not be rejected for failure
to include the new filing fee.
Subd. 2. [FEE RESTRICTIONS.] Notwithstanding any local law
or ordinance to the contrary, no county may charge or collect
any fee, special or otherwise, or however described, other than
a fee denominated or prescribed by state law, for any service,
task, or step performed by any county officer or employee in
connection with the receipt, recording, and return of any
recordable instrument by the county recorder or registrar of
titles, whether received by mail, in person, or by electronic
delivery, including, but not limited to, opening mail; handling,
transferring, or transporting the instrument; certifying no
delinquent property taxes; payment of state deed tax, mortgage
registry tax, or conservation fee; recording of approved plats,
subdivision splits, or combinations; or any other prerequisites
to recording, and returning the instrument by regular mail or in
person to the person identified in the instrument for that
purpose.
Subd. 3. [RECORDING REQUIREMENTS.] Each county recorder
and registrar of titles shall, within 15 business days after any
instrument in recordable form accompanied by payment of
applicable fees by customary means is delivered to the county
for recording or is otherwise received by the county recorder or
registrar of titles for that purpose, record and index the
instrument in the manner provided by law and return it by
regular mail or in person to the person identified in the
instrument for that purpose, if the instrument does not require
certification of no-delinquent taxes, payment of state deed tax,
mortgage registry tax, or conservation fee. Each county must
establish a policy for the timely handling of instruments that
require certification of no-delinquent taxes, payment of state
deed tax, mortgage registry tax, or conservation fee and that
policy may allow up to an additional five business days at the
request of the office or offices responsible to complete the
payment and certification process.
For calendar years 2009 and 2010, the maximum time allowed
for completion of the recording process for documents presented
in recordable form will be 15 business days.
For calendar year 2011 and thereafter, the maximum time
allowed for completion of the recording process for documents
presented in recordable form will be ten business days.
Instruments recorded electronically must be returned no
later than five business days after receipt by the county in a
recordable format.
Subd. 4. [COMPLIANCE WITH RECORDING REQUIREMENTS.] For
calendar year 2007, a county is in compliance with the recording
requirements prescribed by subdivision 3 if at least 60 percent
of all recordable instruments described in subdivision 3 and
received by the county in that year are recorded and returned
within the time limits prescribed in subdivision 3. In calendar
year 2008, at least 70 percent of all recordable instruments
must be recorded and returned in compliance with the recording
requirements; for calendar year 2009, at least 80 percent of all
recordable instruments must be recorded and returned in
compliance with the recording requirements; and for calendar
year 2010 and later years, at least 90 percent of all recordable
instruments must be recorded and returned in compliance with the
recording requirements.
Subd. 5. [TEMPORARY SUSPENSION OF COMPLIANCE WITH
RECORDING REQUIREMENTS.] Compliance with the requirements of
subdivision 4 may be suspended for up to six months when a
county undertakes material enhancements to its systems for
receipt, handling, paying of deed and mortgage tax and
conservation fees, recording, indexing, certification, and
return of instruments. The six-month suspension may be extended
for up to an additional six months if a county board finds by
resolution that the additional time is necessary because of the
difficulties of implementing the enhancement.
Subd. 6. [CERTIFICATION OF COMPLIANCE WITH RECORDING
REQUIREMENTS.] Effective beginning in 2007 for the 2008 county
budget and in each year thereafter, the county recorder and
registrar of titles for each county shall file with the county
commissioners, as part of their budget request, a report that
establishes the status for the previous year of their compliance
with the requirements established in subdivision 3. If the
office has not achieved compliance with the recording
requirements, the report must include an explanation of the
failure to comply, recommendations by the recorder or registrar
to cure the noncompliance and to prevent a reoccurrence, and a
proposal identifying actions, deadlines, and funding necessary
to bring the county into compliance.
Subd. 7. [RESTRICTION ON USE OF RECORDING
FEES.] Notwithstanding any law to the contrary, for county
budgets adopted after January 1, 2006, each county shall
segregate the additional unallocated fee authorized by sections
357.18, 508.82, and 508A.82 from the application of the
provisions of chapters 386, 507, 508, and 508A, in an
appropriate account. This money is available as authorized by
the Board of County Commissioners for supporting enhancements to
the recording process, including electronic recording, to fund
compliance efforts specified in subdivision 5 and for use in
undertaking data integration and aggregation projects. Money
remains in the account until expended for any of the authorized
purposes set forth in this subdivision. This money must not be
used to supplant the normal operating expenses for the office of
county recorder or registrar of titles.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 8. Minnesota Statutes 2004, section 505.08,
subdivision 2, is amended to read:
Subd. 2. [PUBLIC CERTIFIED COPIES.] The copies of the
official plat or of the exact reproducible copy shall be
compared and certified to by the county recorder in the manner
in which certified copies of records are issued in the
recorder's office, and the copy thereof shall be bound in a
proper volume for the use of the general public and anyone shall
have access to and may inspect such certified copy at their
pleasure. When the plat includes both registered and
nonregistered land two copies thereof shall be so certified and
bound, one for such general public use in each of the offices of
the county recorder and registrar of titles; provided, however,
that only one such copy so certified and bound shall be provided
for general public use in those counties wherein the office
quarters of the county recorder and registrar of titles are one
and the same. When the copy, or any part thereof, shall become
unintelligible from use or wear or otherwise, at the request of
the county recorder it shall be the duty of the county surveyor
to make a reproduction copy of the official plat, or the exact
transparent reproducible copy under the direct supervision of
the county recorder, who shall compare the copy, certify that it
is a correct copy thereof, by proper certificate as above set
forth, and it shall be bound in the volume, and under the page,
and in the place of the discarded copy. In counties not having
a county surveyor the county recorder shall employ a licensed
land surveyor to make such reproduction copy, at the expense of
the county. The county recorder shall receive as a fee for
filing these plats, as aforesaid described, 50 cents per lot,
but shall receive not less than $30 for any plat filed in the
recorder's office pursuant to section 357.18, subdivision 1.
Reproductions from the exact transparent reproducible copy shall
be available to any person upon request and the cost of such
reproductions shall be paid by the person making such request.
If a copy of the official plat is requested the county recorder
shall prepare it and duly certify that it is a copy of the
official plat and the cost of such copy shall be paid by the
person making such request.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 9. Minnesota Statutes 2004, section 508.82, is
amended to read:
508.82 [REGISTRAR'S REGISTRAR OF TITLES' FEES.]
Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid
to charged by the registrar of titles shall be as follows and
not exceed the following:
(1) of the fees provided herein, five percent $1.50 of the
fees collected under clauses (3), (5), (11), (13), (4), (10),
(12), (14), (16), and (17), for filing or memorializing shall be
paid to the commissioner of finance state treasury pursuant to
section 508.75 and credited to the general fund; plus a $4.50
surcharge shall be charged and collected in addition to the
total fees charged for each transaction under clauses (2), (3),
(5), (11), (13), (14), (16), and (17), with 50 cents of this
surcharge to be retained by the county to cover its
administrative costs, and $4 to be paid to the state treasury
and credited to the general fund;
(2) for registering a first certificate of title, including
issuing a copy of it, $30 $46. Pursuant to clause (1),
distribution of this fee is as follows:
(i) $10.50 shall be paid to the state treasury and credited
to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $25.50 shall be deposited in the county general fund;
(3) for registering each instrument transferring the fee
simple title for which a new certificate of title is issued and
for the registration of the new certificate of title, including
a copy of it, $30 $46. Pursuant to clause (1), distribution of
this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(4) for issuance of a CECT pursuant to section 508.351,
$15;
(5) for the entry of each memorial on a
certificate, $15 $46. For multiple certificate entries, $20
thereafter. Pursuant to clause (1), distribution of this fee is
as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund;
and
(iv) $20 shall be deposited in the county general fund for
each multiple entry used;
(6) (5) for issuing each residue certificate, $20 $40;
(7) (6) for exchange certificates, $10 $20 for each
certificate canceled and $10 $20 for each new certificate
issued;
(8) (7) for each certificate showing condition of the
register, $10 $50;
(9) (8) for any certified copy of any instrument or writing
on file or recorded in the registrar's registrar of titles'
office, the same fees allowed by law to county recorders for
like services $10;
(10) (9) for a noncertified copy of any certificate of
title, other than the copies issued under clauses (2) and (3),
any instrument or writing on file or recorded in the office of
the registrar of titles, or any specified page or part of it, an
amount as determined by the county board for each page or
fraction of a page specified. If computer or microfilm printers
are used to reproduce the instrument or writing, a like amount
per image;
(10) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a registrar of titles shall
return it marked "copy" or "duplicate," showing the recording
date and, if available, the document number assigned to the
original;
(11) for filing two copies of any plat in the office of the
registrar, $30 $56. Pursuant to clause (1), distribution of
this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
(12) for any other service under this chapter, such fee as
the court shall determine;
(13) for filing an amendment to a declaration in
accordance with chapter 515, $10 $46 for each certificate upon
which the document is registered and $30 for multiple
certificate entries, $20 thereafter; $56 for an amended floor
plan filed in accordance with chapter 515;. Pursuant to clause
(1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
amendment to a declaration;
(iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
(v) $34 shall be deposited in the county general fund for
an amended floor plan;
(14) for issuance of a CECT pursuant to section 508.351,
$40;
(14) (15) for filing an amendment to a common interest
community declaration and plat or amendment complying with
section 515B.2-110, subsection (c), $10 $46 for each certificate
upon which the document is registered and $30 for multiple
certificate entries, $20 thereafter and $56 for the filing of
the condominium or common interest community plat or amendment.
Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
the filing of an amendment complying with section 515B.2-110,
subsection (c);
(iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
(v) $34 shall be deposited in the county general fund for
the filing of a condominium or CIC plat or amendment;
(15) (16) for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan or
common interest community plat with a minimum fee of $10;
(16) (17) for the filing of a certified copy of a plat of
the survey pursuant to section 508.23 or 508.671, $10 $46.
Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(17) (18) for filing a registered land survey in triplicate
in accordance with section 508.47, subdivision 4, $30 $56.
Pursuant to clause (1), distribution of this fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
and
(18) (19) for furnishing a certified copy of a registered
land survey in accordance with section 508.47, subdivision
4, $10 $15.
Subd. 1a. [FEES FOR RECORDING INSTRUMENTS WITH REGISTRAR
OF TITLES' OFFICE.] Notwithstanding the provisions of any
general or special law to the contrary, and pursuant to section
357.182, the established fees pursuant to subdivision 1 shall be
the fee charged in all counties for the specified service, other
than Uniform Commercial Code documents and documents filed or
recorded pursuant to sections 270.69, subdivision 2, paragraph
(c); 272.481 to 272.488; 277.20; and 386.77.
Subd. 2. [VARIANCE FROM STANDARDS.] A document that does
not should conform to the standards in section 507.093,
paragraph (a), shall not be filed except upon payment of an
additional fee of $10 per document but should not be rejected
unless the document is not legible or cannot be archived. This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks contained in the book of forms on file in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 10. Minnesota Statutes 2004, section 508A.82, is
amended to read:
508A.82 [REGISTRAR'S REGISTRAR OF TITLES' FEES.]
Subdivision 1. [STANDARD DOCUMENTS.] The fees to be paid
to charged by the registrar of titles shall be as follows and
not exceed the following:
(1) of the fees provided herein, five percent $1.50 of the
fees collected under clauses (3), (5), (11), (13), (14) (15),
and (17), (18) for filing or memorializing shall be paid to the
commissioner of finance state treasury pursuant to section
508.75 and credited to the general fund; plus a $4.50 surcharge
shall be charged and collected in addition to the total fees
charged for each transaction under clauses (2), (3), (5), (11),
(13), (14), and (17), with 50 cents of this surcharge to be
retained by the county to cover its administrative costs, and $4
to be paid to the state treasury and credited to the general
fund;
(2) for registering a first CPT, including issuing a copy
of it, $30; $46. Pursuant to clause (1), distribution of the
fee is as follows:
(i) $10.50 shall be paid to the state treasury and credited
to the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $25.50 shall be deposited in the county general fund;
(3) for registering each instrument transferring the fee
simple title for which a new CPT is issued and for the
registration of the new CPT, including a copy of it, $30; $46.
Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $24 shall be deposited in the county general fund;
(4) for issuance of a CECT pursuant to section 508A.351,
$15;
(5) for the entry of each memorial on a CPT, $15; $46; for
multiple certificate entries, $20 thereafter. Pursuant to
clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund;
and
(iv) $20 shall be deposited in the county general fund for
each multiple entry used;
(6) for issuing each residue CPT, $20 $40;
(7) for exchange CPTs or combined certificates of title,
$10 $20 for each CPT and certificate of title canceled and
$10 $20 for each new CPT or combined certificate of title
issued;
(8) for each CPT showing condition of the
register, $10 $50;
(9) for any certified copy of any instrument or writing on
file or recorded in the registrar's registrar of titles' office,
the same fees allowed by law to county recorders for like
services $10;
(10) for a noncertified copy of any CPT, other than the
copies issued under clauses (2) and (3), any instrument or
writing on file or recorded in the office of the registrar of
titles, or any specified page or part of it, an amount as
determined by the county board for each page or fraction of a
page specified. If computer or microfilm printers are used to
reproduce the instrument or writing, a like amount per image;
(11) for a noncertified copy of any document submitted for
recording, if the original document is accompanied by a copy or
duplicate original, $2. Upon receipt of the copy or duplicate
original and payment of the fee, a registrar of titles shall
return it marked "copy" or "duplicate," showing the recording
date and, if available, the document number assigned to the
original;
(12) for filing two copies of any plat in the office of the
registrar, $30; $56. Pursuant to clause (1), distribution of
the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
(12) (13) for any other service under sections 508A.01 to
508A.85, the fee the court shall determine;
(13) (14) for filing an amendment to a declaration in
accordance with chapter 515, $10 $46 for each certificate upon
which the document is registered and $30 for multiple
certificate entries, $20 thereafter; $56 for an amended floor
plan filed in accordance with chapter 515;. Pursuant to clause
(1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
amendment to a declaration;
(iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
(v) $34 shall be deposited in the county general fund for
an amended floor plan;
(14) (15) for issuance of a CECT pursuant to section
508.351, $40;
(16) for filing an amendment to a common interest community
declaration and plat or amendment complying with section
515B.2-110, subsection (c), and issuing a CECT if
required, $10 $46 for each certificate upon which the document
is registered and $30 for multiple certificate entries, $20
thereafter; $56 for the filing of the condominium or common
interest community plat or amendment;. Pursuant to clause (1),
distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3;
(iii) $24 shall be deposited in the county general fund for
the filing of an amendment complying with section 515B.2-110,
subsection (c);
(iv) $20 shall be deposited in the county general fund for
each multiple entry used; and
(v) $34 shall be deposited in the county general fund for
the filing of a condominium or CIC plat or amendment;
(15) (17) for a copy of a condominium floor plan filed in
accordance with chapter 515, or a copy of a common interest
community plat complying with section 515B.2-110, subsection
(c), the fee shall be $1 for each page of the floor plan, or
common interest community plat with a minimum fee of $10;
(16) (18) in counties in which the compensation of the
examiner of titles is paid in the same manner as the
compensation of other county employees, for each parcel of land
contained in the application for a CPT, as the number of parcels
is determined by the examiner, a fee which is reasonable and
which reflects the actual cost to the county, established by the
board of county commissioners of the county in which the land is
located;
(17) (19) for filing a registered land survey in triplicate
in accordance with section 508A.47, subdivision 4, $30; and $56.
Pursuant to clause (1), distribution of the fee is as follows:
(i) $12 shall be paid to the state treasury and credited to
the general fund;
(ii) $10 shall be deposited in the technology fund pursuant
to section 357.18, subdivision 3; and
(iii) $34 shall be deposited in the county general fund;
and
(18) (20) for furnishing a certified copy of a registered
land survey in accordance with section 508A.47, subdivision
4, $10 $15.
Subd. 1a. [FEES TO RECORD INSTRUMENTS WITH REGISTRAR OF
TITLES.] Notwithstanding any special law to the contrary, and
pursuant to section 357.182, the established fees pursuant to
subdivision 1 shall be the fee charged in all counties for the
specified service, other than Uniform Commercial Code documents,
and documents filed or recorded pursuant to sections 270.69,
subdivision 2, paragraph (c); 272.481 to 272.488; 277.20; and
386.77.
Subd. 2. [VARIANCE FROM STANDARDS.] A document that does
not should conform to the standards in section 507.093,
paragraph (a), shall not be filed except upon payment of an
additional fee of $10 per document but should not be rejected
unless the document is not legible or cannot be archived. This
subdivision applies only to documents dated after July 31, 1997,
and does not apply to Minnesota uniform conveyancing
blanks contained in the book of forms on file in the office of
the commissioner of commerce provided for under section 507.09,
certified copies, or any other form provided for under Minnesota
Statutes.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 11. Minnesota Statutes 2004, section 515B.1-116, is
amended to read:
515B.1-116 [RECORDING.]
(a) A declaration, bylaws, any amendment to a declaration
or bylaws, and any other instrument affecting a common interest
community shall be entitled to be recorded. In those counties
which have a tract index, the county recorder shall enter the
declaration in the tract index for each unit affected. The
registrar of titles shall file the declaration in accordance
with section 508.351 or 508A.351.
(b) The recording officer shall upon request promptly
assign a number (CIC number) to a common interest community to
be formed or to a common interest community resulting from the
merger of two or more common interest communities.
(c) Documents recorded pursuant to this chapter shall in
the case of registered land be filed, and references to the
recording of documents shall mean filed in the case of
registered land.
(d) Subject to any specific requirements of this chapter,
if a recorded document relating to a common interest community
purports to require a certain vote or signatures approving any
restatement or amendment of the document by a certain number or
percentage of unit owners or secured parties, and if the
amendment or restatement is to be recorded pursuant to this
chapter, an affidavit of the president or secretary of the
association stating that the required vote or signatures have
been obtained shall be attached to the document to be recorded
and shall constitute prima facie evidence of the representations
contained therein.
(e) If a common interest community is located on registered
land, the recording fee for any document affecting two or more
units shall be the then-current fee for registering the document
on the certificates of title for the first ten affected
certificates and one-third of the then-current fee for each
additional affected certificate $40 for the first ten affected
certificates and $10 for each additional affected certificate.
This provision shall not apply to recording fees for deeds of
conveyance, with the exception of deeds given pursuant to
sections 515B.2-119 and 515B.3-112.
(f) Except as permitted under this subsection, a recording
officer shall not file or record a declaration creating a new
common interest community, unless the county treasurer has
certified that the property taxes payable in the current year
for the real estate included in the proposed common interest
community have been paid. This certification is in addition to
the certification for delinquent taxes required by section
272.12. In the case of preexisting common interest communities,
the recording officer shall accept, file, and record the
following instruments, without requiring a certification as to
the current or delinquent taxes on any of the units in the
common interest community: (i) a declaration subjecting the
common interest community to this chapter; (ii) a declaration
changing the form of a common interest community pursuant to
section 515B.2-123; or (iii) an amendment to or restatement of
the declaration, bylaws, or CIC plat. In order for an
instrument to be accepted and recorded under the preceding
sentence, the instrument must not create or change unit or
common area boundaries.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 12. Minnesota Statutes 2004, section 590.01,
subdivision 1, is amended to read:
Subdivision 1. [PETITION.] Except at a time when direct
appellate relief is available, a person convicted of a crime,
who claims that:
(1) the conviction obtained or the sentence or other
disposition made violated the person's rights under the
Constitution or laws of the United States or of the state; or
(2) scientific evidence not available at trial, obtained
pursuant to a motion granted under subdivision 1a, establishes
the petitioner's actual innocence;
may commence a proceeding to secure relief by filing a petition
in the district court in the county in which the conviction was
had to vacate and set aside the judgment and to discharge the
petitioner or to resentence the petitioner or grant a new trial
or correct the sentence or make other disposition as may be
appropriate. A petition for postconviction relief after a
direct appeal has been completed may not be based on grounds
that could have been raised on direct appeal of the conviction
or sentence. Nothing contained herein shall prevent the Supreme
Court or the Court of Appeals, upon application by a party, from
granting a stay of a case on appeal for the purpose of allowing
an appellant to apply to the district court for an evidentiary
hearing under the provisions of this chapter. The proceeding
shall conform with sections 590.01 to 590.06.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 13. Minnesota Statutes 2004, section 590.01, is
amended by adding a subdivision to read:
Subd. 4. [TIME LIMIT.] (a) No petition for postconviction
relief may be filed more than two years after the later of:
(1) the entry of judgment of conviction or sentence if no
direct appeal is filed; or
(2) an appellate court's disposition of petitioner's direct
appeal.
(b) Notwithstanding paragraph (a), a court may hear a
petition for postconviction relief if:
(1) the petitioner establishes that a physical disability
or mental disease precluded a timely assertion of the claim;
(2) the petitioner alleges the existence of newly
discovered evidence, including scientific evidence, that could
not have been ascertained by the exercise of due diligence by
the petitioner or petitioner's attorney within the two-year time
period for filing a postconviction petition, and the evidence is
not cumulative to evidence presented at trial, is not for
impeachment purposes, and establishes by a clear and convincing
standard that the petitioner is innocent of the offense or
offenses for which the petitioner was convicted;
(3) the petitioner asserts a new interpretation of federal
or state constitutional or statutory law by either the United
States Supreme Court or a Minnesota appellate court and the
petitioner establishes that this interpretation is retroactively
applicable to the petitioner's case;
(4) the petition is brought pursuant to subdivision 3; or
(5) the petitioner establishes to the satisfaction of the
court that the petition is not frivolous and is in the interests
of justice.
(c) Any petition invoking an exception provided in
paragraph (b) must be filed within two years of the date the
claim arises.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Any person whose conviction became final before August 1, 2005,
shall have two years after the effective date of this act to
file a petition for postconviction relief.
Sec. 14. Minnesota Statutes 2004, section 609.115, is
amended by adding a subdivision to read:
Subd. 2a. [SENTENCING WORKSHEET; SENTENCING GUIDELINES
COMMISSION.] If the defendant has been convicted of a felony,
including a felony for which a mandatory life sentence is
required by law, the court shall cause a sentencing worksheet as
provided in subdivision 1 to be completed and forwarded to the
Sentencing Guidelines Commission.
For the purpose of this section, "mandatory life sentence"
means a sentence under section 609.106, subdivision 2; 609.109,
subdivision 3; 609.185; 609.3455; or 609.385, subdivision 2, and
governed by section 244.05.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 15. Minnesota Statutes 2004, 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 as follows:
(1) access to data about witnesses in a criminal case shall
be limited to records of criminal convictions; and
(2) access to data regarding the public defender's own
client which includes, but is 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 has access to data under this section,
whether accessed via CriMNet or other methods. 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;
or data systems maintained by a prosecuting attorney. 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 the criminal justice
data communications network.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 16. [611.273] [SURPLUS PROPERTY.]
Notwithstanding the provisions of Minnesota Statutes,
sections 15.054 and 16C.23, the Board of Public Defense, in its
sole discretion, may provide surplus computers to its part-time
employees for their use.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 17. Minnesota Statutes 2004, section 626.04, is
amended to read:
626.04 [PROPERTY; SEIZURE, KEEPING, AND DISPOSAL.]
(a) When any officer seizes, with or without warrant, any
property or thing, it shall be safely kept by direction of the
court as long as necessary for the purpose of being produced as
evidence on any trial. If the owner of the property makes a
written request to the seizing officer's agency for return of
the property, and the property has not been returned within 48
hours of the request, excluding Saturday, Sunday, or legal
holidays, the person whose property has been seized may file a
petition for the return of the property in the district court in
the district in which the property was seized. The court
administrator shall provide a form for use as a petition under
this section. A filing fee, equal to the civil motion filing
fee, shall be required for filing the petition. The district
court shall send a copy of the petition to the agency acting as
custodian of the property with at least ten days notice of a
hearing date. A hearing on the petition shall be held within 30
days of filing unless good cause is shown for an extension of
time. The determination of the petition must be without jury
trial and by a simple and informal procedure. At the hearing,
the court may receive relevant evidence on any issue of fact
necessary to the decision on the petition without regard to
whether the evidence would be admissible under the Minnesota
Rules of Evidence. The court shall allow if requested, or on
its own motion may require, the custodian or the custodian's
designee to summarize the status and progress of an ongoing
investigation that led to the seizure. Any such summary shall
be done ex parte and only the custodian, the custodian's
designee, and their attorneys may be present with the court and
court staff. The court shall seal the ex parte record. After a
hearing, the court shall not order the return if it finds that:
(1) the property is being held in good faith as potential
evidence in any matter, charged or uncharged;
(2) the property may be subject to forfeiture proceedings;
(3) the property is contraband or may contain contraband;
or
(4) the property is subject to other lawful retention.
(b) The court shall make findings on each of these issues
as part of its order. If the property is ordered returned, the
petitioner shall not be liable for any storage costs incurred
from the date the petition was filed. If the petition is
denied, the court may award reasonable costs and attorney fees.
After the trial for which the property was being held as
potential evidence, and the expiration date for all associated
appeals, the property or thing shall, unless otherwise subject
to lawful detention, be returned to its owner or any other
person entitled to possess it. Any property or thing seized may
be destroyed or otherwise disposed of under the direction of the
court. Any money found in gambling devices when seized shall be
paid into the county treasury. If the gambling devices are
seized by a police officer of a municipality, the money shall be
paid into the treasury of the municipality.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to property seized on or after that date.
Sec. 18. [COLLATERAL SANCTIONS CROSS-REFERENCES; CREATION
OF A NEW CHAPTER.]
Subdivision 1. [DEFINITIONS.] For purposes of this section:
(1) "automatically" means either by operation of law or by
the mandated action of a designated official or agency; and
(2) "collateral sanction" means a legal penalty,
disability, or disadvantage, however denominated, that is
imposed on a person automatically when that person is convicted
of or found to have committed a crime, even if the sanction is
not included in the sentence. Collateral sanction does not
include:
(i) a direct consequence of the crime such as a criminal
fine, restitution, or incarceration; or
(ii) a requirement imposed by the sentencing court or other
designated official or agency that the convicted person provide
a biological specimen for DNA analysis, provide fingerprints, or
submit to any form of assessment or testing.
Subd. 2. [REVISOR INSTRUCTION.] The revisor of statutes
shall create a new chapter in Minnesota Statutes that contains
cross-references to Minnesota laws imposing collateral
sanctions. The revisor shall create a structure within this new
chapter that categorizes these laws in a useful way to users and
provides them with quick access to the cross-referenced laws.
The revisor may consider, but is not limited to, using the
following categories in the new chapter:
(1) collateral sanctions relating to employment and
occupational licensing;
(2) collateral sanctions relating to driving and motor
vehicles;
(3) collateral sanctions relating to public safety;
(4) collateral sanctions relating to eligibility for
services and benefits;
(5) collateral sanctions relating to property rights;
(6) collateral sanctions relating to civil rights and
remedies; and
(7) collateral sanctions relating to recreational
activities.
If possible, the revisor shall locate the new chapter in
proximity to Minnesota Statutes, chapter 609, the Minnesota
Criminal Code.
Subd. 3. [CAUTIONARY LANGUAGE.] The revisor shall include
appropriate cautionary language at the beginning of the new
chapter that notifies users of the following types of issues:
(1) that the list of collateral sanctions laws contained in
the chapter is intended to be comprehensive but is not
necessarily complete;
(2) that the inclusion or exclusion of a collateral
sanction in the chapter is not intended to have any substantive
legal effect;
(3) that the cross-references used in the chapter are
intended solely to indicate the contents of the cross-referenced
section or subdivision and are not part of the cross-referenced
statute;
(4) that the cross-references are not substantive and may
not be used to construe or limit the meaning of any statutory
language; and
(5) that users must consult the language of each
cross-referenced law to fully understand the scope and effect of
the collateral sanction it imposes.
Subd. 4. [CONSULTATION WITH LEGISLATORS AND LEGISLATIVE
STAFF.] The revisor shall consult with legislative staff and the
chairs and ranking minority members of the senate and house
committees having jurisdiction over criminal justice matters to
identify laws that impose collateral sanctions and develop the
appropriate categories and cross-references to use in the new
chapter.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 19. [REPORT OF COLLATERAL SANCTIONS LAWS.]
Each state or local governmental agency having
responsibility to impose a collateral sanction shall prepare a
list that identifies all of the collateral sanctions within the
authority's statutory jurisdiction. The agency shall submit the
list to the Office of the Revisor of Statutes no later than
September 1, 2005. State and local agencies covered by this
section include, but are not limited to, state agencies, the
judiciary, the state Public Defender's Office, the Attorney
General's Office, and county attorneys.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 20. [RAMSEY COUNTY COURT COMMISSIONER.]
The chief justice of the Supreme Court may assign a retired
court commissioner to act in Ramsey County as a commissioner of
the district court. The commissioner may perform duties
assigned by the chief judge of the judicial district with the
powers provided by Minnesota Statutes, section 489.02. This
section expires December 31, 2025.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 21. [REPEALER.]
Minnesota Statutes 2004, sections 386.30 and 624.04, are
repealed.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
ARTICLE 15
CHILD PROTECTION
Section 1. Minnesota Statutes 2004, section 259.24,
subdivision 1, is amended to read:
Subdivision 1. [EXCEPTIONS.] No child shall be adopted
without the consent of the child's parents and the child's
guardian, if there be one, except in the following instances:
(a) Consent shall not be required of a parent not entitled
to notice of the proceedings.
(b) Consent shall not be required of a parent who has
abandoned the child, or of a parent who has lost custody of the
child through a divorce decree or a decree of dissolution, and
upon whom notice has been served as required by section 259.49.
(c) Consent shall not be required of a parent whose
parental rights to the child have been terminated by a juvenile
court or who has lost custody of a child through a final
commitment of the juvenile court or through a decree in a prior
adoption proceeding.
(d) If there be no parent or guardian qualified to consent
to the adoption, the consent may shall be given by the
commissioner. After the court accepts a parent's consent to the
adoption under section 260C.201, subdivision 11, consent by the
commissioner or commissioner's delegate is also necessary.
Agreement to the identified prospective adoptive parent by the
responsible social services agency under section 260C.201,
subdivision 11, does not constitute the required consent.
(e) The commissioner or agency having authority to place a
child for adoption pursuant to section 259.25, subdivision 1,
shall have the exclusive right to consent to the adoption of
such child. The commissioner or agency shall make every effort
to place siblings together for adoption. Notwithstanding any
rule to the contrary, the commissioner may delegate the right to
consent to the adoption or separation of siblings, if it is in
the child's best interest, to a local social services agency.
Sec. 2. Minnesota Statutes 2004, section 259.24,
subdivision 2a, is amended to read:
Subd. 2a. [TIME OF CONSENT; NOTICE OF INTENT TO CONSENT TO
ADOPTION.] (a) Not sooner than 72 hours after the birth of a
child and not later than 60 days after the child's placement in
a prospective adoptive home, a person whose consent is required
under this section shall execute a consent.
(b) Unless all birth parents from whom consent is required
under this section are involved in making the adoptive placement
and intend to consent to the adoption, a birth parent who
intends to execute a consent to an adoption must give notice to
the child's other birth parent of the intent to consent to the
adoption prior to or within 72 hours following the placement of
the child, if the other birth parent's consent to the adoption
is required under subdivision 1. The birth parent who receives
notice shall have 60 days after the placement of the child to
either consent or refuse to consent to the adoption. If the
birth parent who receives notice fails to take either of these
actions, that parent shall be deemed to have irrevocably
consented to the child's adoption. The notice provisions of
chapter 260C and the rules of juvenile protection procedure
shall apply to both parents when the consent to adopt is
executed under section 260C.201, subdivision 11.
(c) When notice is required under this subdivision, it
shall be provided to the other birth parent according to the
Rules of Civil Procedure for service of a summons and complaint.
Sec. 3. Minnesota Statutes 2004, section 259.24,
subdivision 5, is amended to read:
Subd. 5. [EXECUTION.] All consents to an adoption shall be
in writing, executed before two competent witnesses, and
acknowledged by the consenting party. In addition, all consents
to an adoption, except those by the commissioner, the
commissioner's agent, a licensed child-placing agency, an adult
adoptee, or the child's parent in a petition for adoption by a
stepparent, shall be executed before a representative of the
commissioner, the commissioner's agent, or a licensed
child-placing agency. All consents by a parent:
(1) shall contain notice to the parent of the substance of
subdivision 6a, providing for the right to withdraw
consent unless the parent will not have the right to withdraw
consent because consent was executed under section 260C.201,
subdivision 11, following proper notice that consent given under
that provision is irrevocable upon acceptance by the court as
provided in subdivision 6a; and
(2) shall contain the following written notice in all
capital letters at least one-eighth inch high:
"This agency will submit your consent to adoption to the
court. The consent itself does not terminate your parental
rights. Parental rights to a child may be terminated only by an
adoption decree or by a court order terminating parental
rights. Unless the child is adopted or your parental rights are
terminated, you may be asked to support the child."
Consents shall be filed in the adoption proceedings at any
time before the matter is heard provided, however, that a
consent executed and acknowledged outside of this state, either
in accordance with the law of this state or in accordance with
the law of the place where executed, is valid.
Sec. 4. Minnesota Statutes 2004, section 259.24,
subdivision 6a, is amended to read:
Subd. 6a. [WITHDRAWAL OF CONSENT.] Except for consents
executed under section 260C.201, subdivision 11, a parent's
consent to adoption may be withdrawn for any reason within ten
working days after the consent is executed and acknowledged.
Written notification of withdrawal of consent must be received
by the agency to which the child was surrendered no later than
the tenth working day after the consent is executed and
acknowledged. On the day following the tenth working day after
execution and acknowledgment, the consent shall become
irrevocable, except upon order of a court of competent
jurisdiction after written findings that consent was obtained by
fraud. A consent to adopt executed under section 260C.201,
subdivision 11, is irrevocable upon proper notice to both
parents of the effect of a consent to adopt and acceptance by
the court, except upon order of the same court after written
findings that the consent was obtained by fraud. In proceedings
to determine the existence of fraud, the adoptive parents and
the child shall be made parties. The proceedings shall be
conducted to preserve the confidentiality of the adoption
process. There shall be no presumption in the proceedings
favoring the birth parents over the adoptive parents.
Sec. 5. Minnesota Statutes 2004, section 260C.201,
subdivision 11, is amended to read:
Subd. 11. [REVIEW OF COURT-ORDERED PLACEMENTS; PERMANENT
PLACEMENT DETERMINATION.] (a) This subdivision and subdivision
11a do not apply in cases where the child is in placement due
solely to the child's developmental disability or emotional
disturbance, where legal custody has not been transferred to the
responsible social services agency, and where the court finds
compelling reasons under section 260C.007, subdivision 8, to
continue the child in foster care past the time periods
specified in this subdivision. Foster care placements of
children due solely to their disability are governed by section
260C.141, subdivision 2b. In all other cases where the child is
in foster care or in the care of a noncustodial parent under
subdivision 1, the court shall conduct a hearing to determine
the permanent status of a child not later than 12 months after
the child is placed in foster care or in the care of a
noncustodial parent.
For purposes of this subdivision, the date of the child's
placement in foster care is the earlier of the first
court-ordered placement or 60 days after the date on which the
child has been voluntarily placed in foster care by the child's
parent or guardian. For purposes of this subdivision, time
spent by a child under the protective supervision of the
responsible social services agency in the home of a noncustodial
parent pursuant to an order under subdivision 1 counts towards
the requirement of a permanency hearing under this subdivision
or subdivision 11a.
For purposes of this subdivision, 12 months is calculated
as follows:
(1) during the pendency of a petition alleging that a child
is in need of protection or services, all time periods when a
child is placed in foster care or in the home of a noncustodial
parent are cumulated;
(2) if a child has been placed in foster care within the
previous five years under one or more previous petitions, the
lengths of all prior time periods when the child was placed in
foster care within the previous five years are cumulated. If a
child under this clause has been in foster care for 12 months or
more, the court, if it is in the best interests of the child and
for compelling reasons, may extend the total time the child may
continue out of the home under the current petition up to an
additional six months before making a permanency determination.
(b) Unless the responsible social services agency
recommends return of the child to the custodial parent or
parents, not later than 30 days prior to this hearing, the
responsible social services agency shall file pleadings in
juvenile court to establish the basis for the juvenile court to
order permanent placement of the child according to paragraph
(d). Notice of the hearing and copies of the pleadings must be
provided pursuant to section 260C.152. If a termination of
parental rights petition is filed before the date required for
the permanency planning determination and there is a trial under
section 260C.163 scheduled on that petition within 90 days of
the filing of the petition, no hearing need be conducted under
this subdivision.
(c) At the conclusion of the hearing, the court shall order
the child returned to the care of the parent or guardian from
whom the child was removed or order a permanent placement in the
child's best interests. The "best interests of the child" means
all relevant factors to be considered and evaluated. Transfer
of permanent legal and physical custody, termination of parental
rights, or guardianship and legal custody to the commissioner
through a consent to adopt are preferred permanency options for
a child who cannot return home.
(d) If the child is not returned to the home, the court
must order one of the following dispositions:
(1) permanent legal and physical custody to a relative in
the best interests of the child according to the following
conditions:
(i) an order for transfer of permanent legal and physical
custody to a relative shall only be made after the court has
reviewed the suitability of the prospective legal and physical
custodian;
(ii) in transferring permanent legal and physical custody
to a relative, the juvenile court shall follow the standards
applicable under this chapter and chapter 260, and the
procedures set out in the juvenile court rules;
(iii) an order establishing permanent legal and physical
custody under this subdivision must be filed with the family
court;
(iv) a transfer of legal and physical custody includes
responsibility for the protection, education, care, and control
of the child and decision making on behalf of the child;
(v) the social services agency may bring a petition or
motion naming a fit and willing relative as a proposed permanent
legal and physical custodian. The commissioner of human
services shall annually prepare for counties information that
must be given to proposed custodians about their legal rights
and obligations as custodians together with information on
financial and medical benefits for which the child is eligible;
and
(vi) the juvenile court may maintain jurisdiction over the
responsible social services agency, the parents or guardian of
the child, the child, and the permanent legal and physical
custodian for purposes of ensuring appropriate services are
delivered to the child and permanent legal custodian or for the
purpose of ensuring conditions ordered by the court related to
the care and custody of the child are met;
(2) termination of parental rights according to the
following conditions:
(i) unless the social services agency has already filed a
petition for termination of parental rights under section
260C.307, the court may order such a petition filed and all the
requirements of sections 260C.301 to 260C.328 remain applicable;
and
(ii) an adoption completed subsequent to a determination
under this subdivision may include an agreement for
communication or contact under section 259.58;
(3) long-term foster care according to the following
conditions:
(i) the court may order a child into long-term foster care
only if it finds compelling reasons that neither an award of
permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;
and
(ii) further, the court may only order long-term foster
care for the child under this section if it finds the following:
(A) the child has reached age 12 and reasonable efforts by
the responsible social services agency have failed to locate an
adoptive family for the child; or
(B) the child is a sibling of a child described in subitem
(A) and the siblings have a significant positive relationship
and are ordered into the same long-term foster care home;
(4) foster care for a specified period of time according to
the following conditions:
(i) foster care for a specified period of time may be
ordered only if:
(A) the sole basis for an adjudication that the child is in
need of protection or services is the child's behavior;
(B) the court finds that foster care for a specified period
of time is in the best interests of the child; and
(C) the court finds compelling reasons that neither an
award of permanent legal and physical custody to a relative, nor
termination of parental rights is in the child's best interests;
(ii) the order does not specify that the child continue in
foster care for any period exceeding one year; or
(5) guardianship and legal custody to the commissioner of
human services under the following procedures and conditions:
(i) there is an identified prospective adoptive home that
has agreed to adopt the child and agreed to by the responsible
social services agency having legal custody of the child
pursuant to court order under this section and the court accepts
the parent's voluntary consent to adopt under section 259.24;
(ii) if the court accepts a consent to adopt in lieu of
ordering one of the other enumerated permanency dispositions,
the court must review the matter at least every 90 days. The
review will address the reasonable efforts of the agency to
achieve a finalized adoption;
(iii) a consent to adopt under this clause vests all legal
authority regarding the child, including guardianship and legal
custody of the child, with the commissioner of human services as
if the child were a state ward after termination of parental
rights;
(iv) the court must forward a copy of the consent to adopt,
together with a certified copy of the order transferring
guardianship and legal custody to the commissioner, to the
commissioner; and
(v) if an adoption is not finalized by the identified
prospective adoptive parent within 12 months of the execution of
the consent to adopt under this clause, the commissioner of
human services or the commissioner's delegate shall pursue
adoptive placement in another home unless the commissioner
certifies that the failure to finalize is not due to either an
action or a failure to act by the prospective adoptive parent;
and
(vi) notwithstanding item (v), the commissioner of human
services or the commissioner's designee must pursue adoptive
placement in another home as soon as the commissioner or
commissioner's designee determines that finalization of the
adoption with the identified prospective adoptive parent is not
possible, that the identified prospective adoptive parent is not
willing to adopt the child, that the identified prospective
adoptive parent is not cooperative in completing the steps
necessary to finalize the adoption, or upon the commissioner's
determination to withhold consent to the adoption.
(e) In ordering a permanent placement of a child, the court
must be governed by the best interests of the child, including a
review of the relationship between the child and relatives and
the child and other important persons with whom the child has
resided or had significant contact.
(f) Once a permanent placement determination has been made
and permanent placement has been established, further court
reviews are necessary if:
(1) the placement is long-term foster care or foster care
for a specified period of time;
(2) the court orders further hearings because it has
retained jurisdiction of a transfer of permanent legal and
physical custody matter;
(3) an adoption has not yet been finalized; or
(4) there is a disruption of the permanent or long-term
placement.
(g) Court reviews of an order for long-term foster care,
whether under this section or section 260C.317, subdivision 3,
paragraph (d), or foster care for a specified period of time
must be conducted at least yearly and must review the child's
out-of-home placement plan and the reasonable efforts of the
agency to:
(1) identify a specific long-term foster home for the child
or a specific foster home for the time the child is specified to
be out of the care of the parent, if one has not already been
identified;
(2) support continued placement of the child in the
identified home, if one has been identified;
(3) ensure appropriate services are provided to the child
during the period of long-term foster care or foster care for a
specified period of time;
(4) plan for the child's independence upon the child's
leaving long-term foster care living as required under section
260C.212, subdivision 1; and
(5) where placement is for a specified period of time, a
plan for the safe return of the child to the care of the parent.
(h) An order under this subdivision must include the
following detailed findings:
(1) how the child's best interests are served by the order;
(2) the nature and extent of the responsible social service
agency's reasonable efforts, or, in the case of an Indian child,
active efforts to reunify the child with the parent or parents;
(3) the parent's or parents' efforts and ability to use
services to correct the conditions which led to the out-of-home
placement; and
(4) whether the conditions which led to the out-of-home
placement have been corrected so that the child can return home.
(i) An order for permanent legal and physical custody of a
child may be modified under sections 518.18 and 518.185. The
social services agency is a party to the proceeding and must
receive notice. A parent may only seek modification of an order
for long-term foster care upon motion and a showing by the
parent of a substantial change in the parent's circumstances
such that the parent could provide appropriate care for the
child and that removal of the child from the child's permanent
placement and the return to the parent's care would be in the
best interest of the child.
(j) The court shall issue an order required under this
section within 15 days of the close of the proceedings. The
court may extend issuing the order an additional 15 days when
necessary in the interests of justice and the best interests of
the child.
Sec. 6. [260C.209] [BACKGROUND CHECKS.]
Subdivision 1. [SUBJECTS.] The responsible social services
agency must conduct a background check under this section of the
following:
(1) a noncustodial parent or nonadjudicated parent who is
being assessed for purposes of providing day-to-day care of a
child temporarily or permanently under section 260C.212,
subdivision 4, and any member of the parent's household who is
over the age of 13 when there is a reasonable cause to believe
that the parent or household member over age 13 has a criminal
history or a history of maltreatment of a child or vulnerable
adult which would endanger the child's health, safety, or
welfare;
(2) an individual whose suitability for relative placement
under section 260C.212, subdivision 5, is being determined, and
any member of the relative's household who is over the age of 13
when: (i) the relative must be licensed for foster care; or (ii)
the agency must conduct a background study under section 259.53,
subdivision 2; or (iii) the agency has reasonable cause to
believe the relative or household member over the age of 13 has
a criminal history which would not make transfer of permanent
legal and physical custody to the relative under section
260C.201, subdivision 11, in the child's best interest; and
(3) a parent, following an out-of-home placement, when the
responsible social service agency has reasonable cause to
believe that the parent has been convicted of a crime directly
related to the parent's capacity to maintain the child's health,
safety, or welfare; or the parent is the subject of an open
investigation of, or has been the subject of a substantiated
allegation of, child or vulnerable-adult maltreatment within the
past ten years.
"Reasonable cause" means that the agency has received
information or a report from the subject or a third person that
creates an articulable suspicion that the individual has a
history that may pose a risk to the health, safety, or welfare
of the child. The information or report must be specific to the
potential subject of the background check and shall not be based
on the race, religion, ethnic background, age, class, or
lifestyle of the potential subject.
Subd. 2. [GENERAL PROCEDURES.] (a) When conducting a
background check under subdivision 1, the agency may require the
individual being assessed to provide sufficient information to
ensure an accurate assessment under this section, including:
(1) the individual's first, middle, and last name and all
other names by which the individual has been known;
(2) home address, zip code, city, county, and state of
residence for the past ten years;
(3) sex;
(4) date of birth; and
(5) driver's license number or state identification number.
(b) When notified by the responsible social services agency
that it is conducting an assessment under this section, the
Bureau of Criminal Apprehension, commissioners of health and
human services, law enforcement, and county agencies must
provide the responsible social services agency or county
attorney with the following information on the individual being
assessed: criminal history data, reports about the maltreatment
of adults substantiated under section 626.557, and reports of
maltreatment of minors substantiated under section 626.556.
Subd. 3. [MULTISTATE INFORMATION.] (a) For any assessment
completed under this section, if the responsible social services
agency has reasonable cause to believe that the individual is a
multistate offender, the individual must provide the responsible
social services agency or the county attorney with a set of
classifiable fingerprints obtained from an authorized law
enforcement agency. The responsible social services agency or
county attorney may obtain criminal history data from the
National Criminal Records Repository by submitting the
fingerprints to the Bureau of Criminal Apprehension.
(b) For purposes of this subdivision, the responsible
social services agency has reasonable cause when, but not
limited to:
(1) information from the Bureau of Criminal Apprehension
indicates that the individual is a multistate offender;
(2) information from the Bureau of Criminal Apprehension
indicates that multistate offender status is undetermined;
(3) the social services agency has received a report from
the individual or a third party indicating that the individual
has a criminal history in a jurisdiction other than Minnesota;
or
(4) the individual is or has been a resident of a state
other than Minnesota at any time during the prior ten years.
Subd. 4. [NOTICE UPON RECEIPT.] The responsible social
services agency must provide the subject of the background study
with the results of the study under this section within 15
business days of receipt or at least 15 days prior to the
hearing at which the results will be presented, whichever comes
first. The subject may provide written information to the
agency that the results are incorrect and may provide additional
or clarifying information to the agency and to the court through
a party to the proceeding. This provision does not apply to any
background study conducted under chapters 245A and 245C.
Sec. 7. Minnesota Statutes 2004, section 260C.212,
subdivision 4, is amended to read:
Subd. 4. [RESPONSIBLE SOCIAL SERVICE AGENCY'S DUTIES FOR
CHILDREN IN PLACEMENT.] (a) When a child is in placement, the
responsible social services agency shall make diligent efforts
to identify, locate, and, where appropriate, offer services to
both parents of the child.
(1) If The responsible social services agency shall assess
whether a noncustodial or nonadjudicated parent is willing and
capable of providing for the day-to-day care of the child
temporarily or permanently. An assessment under this clause may
include, but is not limited to, obtaining information under
section 260C.209. If after assessment, the responsible social
services agency determines that a noncustodial or nonadjudicated
parent is willing and capable of providing day-to-day care of
the child, the responsible social services agency may seek
authority from the custodial parent or the court to have that
parent assume day-to-day care of the child. If a parent is not
an adjudicated parent, the responsible social services agency
shall require the nonadjudicated parent to cooperate with
paternity establishment procedures as part of the case plan.
(2) If, after assessment, the responsible social services
agency determines that the child cannot be in the day-to-day
care of either parent, the agency shall:
(i) prepare an out-of-home placement plan addressing the
conditions that each parent must meet before the child can be in
that parent's day-to-day care; and
(ii) provide a parent who is the subject of a background
study under section 260C.209 15 days' notice that it intends to
use the study to recommend against putting the child with that
parent, as well as the notice provided in section 260C.209,
subdivision 4, and the court shall afford the parent an
opportunity to be heard concerning the study.
The results of a background study of a noncustodial parent
shall not be used by the agency to determine that the parent is
incapable of providing day-to-day care of the child unless the
agency reasonably believes that placement of the child into the
home of that parent would endanger the child's health, safety,
or welfare.
(3) If, after the provision of services following an
out-of-home placement plan under this section, the child cannot
return to the care of the parent from whom the child was removed
or who had legal custody at the time the child was placed in
foster care, the agency may petition on behalf of a noncustodial
parent to establish legal custody with that parent under section
260C.201, subdivision 11. If paternity has not already been
established, it may be established in the same proceeding in the
manner provided for under chapter 257.
(4) The responsible social services agency may be relieved
of the requirement to locate and offer services to both parents
by the juvenile court upon a finding of good cause after the
filing of a petition under section 260C.141.
(b) The responsible social services agency shall give
notice to the parent or parents or guardian of each child in a
residential facility, other than a child in placement due solely
to that child's developmental disability or emotional
disturbance, of the following information:
(1) that residential care of the child may result in
termination of parental rights or an order permanently placing
the child out of the custody of the parent, but only after
notice and a hearing as required under chapter 260C and the
juvenile court rules;
(2) time limits on the length of placement and of
reunification services, including the date on which the child is
expected to be returned to and safely maintained in the home of
the parent or parents or placed for adoption or otherwise
permanently removed from the care of the parent by court order;
(3) the nature of the services available to the parent;
(4) the consequences to the parent and the child if the
parent fails or is unable to use services to correct the
circumstances that led to the child's placement;
(5) the first consideration for placement with relatives;
(6) the benefit to the child in getting the child out of
residential care as soon as possible, preferably by returning
the child home, but if that is not possible, through a permanent
legal placement of the child away from the parent;
(7) when safe for the child, the benefits to the child and
the parent of maintaining visitation with the child as soon as
possible in the course of the case and, in any event, according
to the visitation plan under this section; and
(8) the financial responsibilities and obligations, if any,
of the parent or parents for the support of the child during the
period the child is in the residential facility.
(c) The responsible social services agency shall inform a
parent considering voluntary placement of a child who is not
developmentally disabled or emotionally disturbed of the
following information:
(1) the parent and the child each has a right to separate
legal counsel before signing a voluntary placement agreement,
but not to counsel appointed at public expense;
(2) the parent is not required to agree to the voluntary
placement, and a parent who enters a voluntary placement
agreement may at any time request that the agency return the
child. If the parent so requests, the child must be returned
within 24 hours of the receipt of the request;
(3) evidence gathered during the time the child is
voluntarily placed may be used at a later time as the basis for
a petition alleging that the child is in need of protection or
services or as the basis for a petition seeking termination of
parental rights or other permanent placement of the child away
from the parent;
(4) if the responsible social services agency files a
petition alleging that the child is in need of protection or
services or a petition seeking the termination of parental
rights or other permanent placement of the child away from the
parent, the parent would have the right to appointment of
separate legal counsel and the child would have a right to the
appointment of counsel and a guardian ad litem as provided by
law, and that counsel will be appointed at public expense if
they are unable to afford counsel; and
(5) the timelines and procedures for review of voluntary
placements under subdivision 3, and the effect the time spent in
voluntary placement on the scheduling of a permanent placement
determination hearing under section 260C.201, subdivision 11.
(d) When an agency accepts a child for placement, the
agency shall determine whether the child has had a physical
examination by or under the direction of a licensed physician
within the 12 months immediately preceding the date when the
child came into the agency's care. If there is documentation
that the child has had an examination within the last 12 months,
the agency is responsible for seeing that the child has another
physical examination within one year of the documented
examination and annually in subsequent years. If the agency
determines that the child has not had a physical examination
within the 12 months immediately preceding placement, the agency
shall ensure that the child has an examination within 30 days of
coming into the agency's care and once a year in subsequent
years.
ARTICLE 16
CRIMINAL SENTENCING POLICY
Section 1. Minnesota Statutes 2004, section 244.09,
subdivision 5, is amended to read:
Subd. 5. [PROMULGATION OF SENTENCING GUIDELINES.] The
commission shall promulgate Sentencing Guidelines for the
district court. The guidelines shall be based on reasonable
offense and offender characteristics. The guidelines
promulgated by the commission shall be advisory to the district
court and shall establish:
(1) The circumstances under which imprisonment of an
offender is proper; and
(2) A presumptive, fixed sentence for offenders for whom
imprisonment is proper, based on each appropriate combination of
reasonable offense and offender characteristics. The guidelines
may shall provide for an increase or of 20 percent and a
decrease of up to 15 percent in the presumptive, fixed sentence.
The Sentencing Guidelines promulgated by the commission may
also establish appropriate sanctions for offenders for whom
imprisonment is not proper. Any guidelines promulgated by the
commission establishing sanctions for offenders for whom
imprisonment is not proper shall make specific reference to
noninstitutional sanctions, including but not limited to the
following: payment of fines, day fines, restitution, community
work orders, work release programs in local facilities,
community based residential and nonresidential programs,
incarceration in a local correctional facility, and probation
and the conditions thereof.
Although the Sentencing Guidelines are advisory to the
district court, the court shall follow the procedures of the
guidelines when it pronounces sentence in a proceeding to which
the guidelines apply by operation of statute. Sentencing
pursuant to the Sentencing Guidelines is not a right that
accrues to a person convicted of a felony; it is a procedure
based on state public policy to maintain uniformity,
proportionality, rationality, and predictability in sentencing.
In establishing and modifying the Sentencing Guidelines,
the primary consideration of the commission shall be public
safety. The commission shall also consider current sentencing
and release practices; correctional resources, including but not
limited to the capacities of local and state correctional
facilities; and the long-term negative impact of the crime on
the community.
The provisions of sections 14.001 to 14.69 do not apply to
the promulgation of the Sentencing Guidelines, and the
Sentencing Guidelines, including severity levels and criminal
history scores, are not subject to review by the legislative
commission to review administrative rules. However, the
commission shall adopt rules pursuant to sections 14.001 to
14.69 which establish procedures for the promulgation of the
Sentencing Guidelines, including procedures for the promulgation
of severity levels and criminal history scores, and these rules
shall be subject to review by the legislative coordinating
commission.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2004, section 244.09,
subdivision 11, is amended to read:
Subd. 11. [MODIFICATION.] The commission shall meet as
necessary for the purpose of modifying and improving the
guidelines. Any modification which amends the Sentencing
Guidelines grid, including severity levels and criminal history
scores, or which would result in the reduction of any sentence
or in the early release of any inmate, with the exception of a
modification mandated or authorized by the legislature or
relating to a crime created or amended by the legislature in the
preceding session, shall be submitted to the legislature by
January 1 15 of any year in which the commission wishes to make
the change and shall be effective on August 1 of that year,
unless the legislature by law provides otherwise. All other
modifications shall take effect according to the procedural
rules of the commission. On or before January 1 15 of each
year, the commission shall submit a written report to the
committees of the senate and the house of representatives with
jurisdiction over criminal justice policy that identifies and
explains all modifications made during the preceding 12 months
and all proposed modifications that are being submitted to the
legislature that year.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to reports submitted on or after that date.
Sec. 3. Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:
Subd. 4. [AGGRAVATED DEPARTURES.] In bringing a motion for
an aggravated sentence, the state is not limited to factors
specified in the Sentencing Guidelines provided the state
provides reasonable notice to the defendant and the district
court prior to sentencing of the factors on which the state
intends to rely.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to sentencing hearings,
resentencing hearings, and sentencing departures sought on or
after that date. This section expires February 1, 2007.
Sec. 4. Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:
Subd. 5. [PROCEDURES IN CASES WHERE STATE INTENDS TO SEEK
AN AGGRAVATED DEPARTURE.] (a) When the prosecutor provides
reasonable notice under subdivision 4, the district court shall
allow the state to prove beyond a reasonable doubt to a jury of
12 members the factors in support of the state's request for an
aggravated departure from the Sentencing Guidelines as provided
in paragraph (b) or (c).
(b) The district court shall allow a unitary trial and
final argument to a jury regarding both evidence in support of
the elements of the offense and evidence in support of
aggravating factors when the evidence in support of the
aggravating factors:
(1) would be admissible as part of the trial on the
elements of the offense; or
(2) would not result in unfair prejudice to the defendant.
The existence of each aggravating factor shall be
determined by use of a special verdict form.
Upon the request of the prosecutor, the court shall allow
bifurcated argument and jury deliberations.
(c) The district court shall bifurcate the proceedings to
allow for the production of evidence, argument, and
deliberations on the existence of factors in support of an
aggravated departure after the return of a guilty verdict when
the evidence in support of an aggravated departure:
(1) includes evidence that is otherwise inadmissible at a
trial on the elements of the offense; and
(2) would result in unfair prejudice to the defendant.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to sentencing hearings,
resentencing hearings, and sentencing departures sought on or
after that date. This section expires February 1, 2007.
Sec. 5. Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:
Subd. 6. [DEFENDANTS TO PRESENT EVIDENCE AND ARGUMENT.] In
either a unitary or bifurcated trial under subdivision 5, a
defendant shall be allowed to present evidence and argument to
the jury or factfinder regarding whether facts exist that would
justify an aggravated durational departure. A defendant is not
allowed to present evidence or argument to the jury or
factfinder regarding facts in support of a mitigated departure
during the trial, but may present evidence and argument in
support of a mitigated departure to the judge as factfinder
during a sentencing hearing.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to sentencing hearings,
resentencing hearings, and sentencing departures sought on or
after that date. This section expires February 1, 2007.
Sec. 6. Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:
Subd. 7. [WAIVER OF JURY DETERMINATION.] The defendant may
waive the right to a jury determination of whether facts exist
that would justify an aggravated sentence. Upon receipt of a
waiver of a jury trial on this issue, the district court shall
determine beyond a reasonable doubt whether the factors in
support of the state's motion for aggravated departure exist.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to sentencing hearings,
resentencing hearings, and sentencing departures sought on or
after that date. This section expires February 1, 2007.
Sec. 7. Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:
Subd. 8. [NOTICE OF INFORMATION REGARDING PREDATORY
OFFENDERS.] (a) Subject to paragraph (b), in any case in which a
person is convicted of an offense and the presumptive sentence
under the Sentencing Guidelines is commitment to the custody of
the commissioner of corrections, if the court grants a
dispositional departure and stays imposition or execution of
sentence, the probation or court services officer who is
assigned to supervise the offender shall provide in writing to
the following the fact that the offender is on probation and the
terms and conditions of probation:
(1) a victim of and any witnesses to the offense committed
by the offender, if the victim or the witness has requested
notice; and
(2) the chief law enforcement officer in the area where the
offender resides or intends to reside.
The law enforcement officer, in consultation with the
offender's probation officer, may provide all or part of this
information to any of the following agencies or groups the
offender is likely to encounter: public and private educational
institutions, day care establishments, and establishments or
organizations that primarily serve individuals likely to be
victimized by the offender.
The probation officer is not required under this
subdivision to provide any notice while the offender is placed
or resides in a residential facility that is licensed under
section 241.021 or 245A.02, subdivision 14, if the facility
staff is trained in the supervision of sex offenders.
(b) Paragraph (a) applies only to offenders required to
register under section 243.166, as a result of the conviction.
(c) The notice authorized by paragraph (a) shall be limited
to data classified as public under section 13.84, subdivision 6,
unless the offender provides informed consent to authorize the
release of nonpublic data or unless a court order authorizes the
release of nonpublic data.
(d) Nothing in this subdivision shall be interpreted to
impose a duty on any person to use any information regarding an
offender about whom notification is made under this subdivision.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 8. Minnesota Statutes 2004, section 244.10, is
amended by adding a subdivision to read:
Subd. 9. [COMPUTATION OF CRIMINAL HISTORY SCORE.] If the
defendant contests the existence of or factual basis for a prior
conviction in the calculation of the defendant's criminal
history score, proof of it is established by competent and
reliable evidence, including a certified court record of the
conviction.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2004, section 609.109,
subdivision 4, is amended to read:
Subd. 4. [MANDATORY 30-YEAR SENTENCE.] (a) The court shall
commit a person to the commissioner of corrections for not less
than 30 years, notwithstanding the statutory maximum sentence
under section 609.343, if:
(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); or 609.343,
subdivision 1, clause (c), (d), (e), or (f); and
(2) the court factfinder determines on the record at the
time of sentencing that:
(i) the crime involved an aggravating factor that would
provide grounds for an upward departure under the Sentencing
Guidelines other than the aggravating factor applicable to
repeat criminal sexual conduct convictions; and
(ii) the person has a previous sex offense conviction under
section 609.342, 609.343, or 609.344.
(b) Notwithstanding subdivision 2 and sections 609.342,
subdivision 3; and 609.343, subdivision 3, the court may not
stay imposition or execution of the sentence required by this
subdivision.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2004, section 609.109,
subdivision 6, is amended to read:
Subd. 6. [MINIMUM DEPARTURE FOR SEX OFFENDERS.] The court
shall sentence a person to at least twice the presumptive
sentence recommended by the Sentencing Guidelines if:
(1) the person is convicted under section 609.342,
subdivision 1, clause (c), (d), (e), or (f); 609.343,
subdivision 1, clause (c), (d), (e), or (f); or 609.344,
subdivision 1, clause (c) or (d); and
(2) the court factfinder determines on the record at the
time of sentencing that the crime involved an aggravating factor
that would provide grounds for an upward departure under the
Sentencing Guidelines.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 11. Minnesota Statutes 2004, section 609.1095,
subdivision 2, is amended to read:
Subd. 2. [INCREASED SENTENCES FOR DANGEROUS OFFENDER WHO
COMMITS A THIRD VIOLENT CRIME.] Whenever a person is convicted
of a violent crime that is a felony, and the judge is imposing
an executed sentence based on a Sentencing Guidelines
presumptive imprisonment sentence, the judge may impose an
aggravated durational departure from the presumptive
imprisonment sentence up to the statutory maximum sentence if
the offender was at least 18 years old at the time the felony
was committed, and:
(1) the court determines on the record at the time of
sentencing that the offender has two or more prior convictions
for violent crimes; and
(2) the court finds factfinder determines that the offender
is a danger to public safety and specifies on the record the
basis for the finding, which may include:. The factfinder may
base its determination that the offender is a danger to public
safety on the following factors:
(i) the offender's past criminal behavior, such as the
offender's high frequency rate of criminal activity or juvenile
adjudications, or long involvement in criminal activity
including juvenile adjudications; or
(ii) the fact that the present offense of conviction
involved an aggravating factor that would justify a durational
departure under the Sentencing Guidelines.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2004, section 609.1095,
subdivision 4, is amended to read:
Subd. 4. [INCREASED SENTENCE FOR OFFENDER WHO COMMITS A
SIXTH FELONY.] Whenever a person is convicted of a felony, and
the judge is imposing an executed sentence based on a Sentencing
Guidelines presumptive imprisonment sentence, the judge may
impose an aggravated durational departure from the presumptive
sentence up to the statutory maximum sentence if the judge finds
and specifies on the record factfinder determines that the
offender has five or more prior felony convictions and that the
present offense is a felony that was committed as part of a
pattern of criminal conduct.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 13. [REVISOR INSTRUCTION.]
The revisor of statutes is instructed to include a
reference next to the repealer of Minnesota Statutes, section
244.10, subdivisions 2a and 3, to inform the reader that the
subdivisions have been renumbered and to include the new
subdivision numbers.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 14. [CERTAIN MINNESOTA SENTENCING GUIDELINES
COMMISSION RECOMMENDATIONS ADOPTED; OTHERS REJECTED.]
The following modifications proposed by the Minnesota
Sentencing Guidelines Commission in its January 2005 report to
the legislature are adopted and take effect on August 1, 2005:
(1) those described as A. and B. in "I. Modifications
Related to Blakely Decision" on pages 11 to 17 of the report;
and
(2) those described as "II. Other Adopted Modifications"
on page 19 of the report.
The following modifications are rejected and do not go into
effect:
(1) those described as C. in "I. Modifications Related to
Blakely Decision" on pages 17 and 18 of the report; and
(2) those described as "III. Adopted Modifications Related
to Sex Offenses" on pages 20 to 42 of the report.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 15. [INSTRUCTION TO SENTENCING GUIDELINES
COMMISSION.]
The Sentencing Guidelines Commission shall make changes to
the sentencing range within individual cells in the sentencing
grid consistent with the changes made in section 1.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. [REPEALER.]
Minnesota Statutes 2004, section 244.10, subdivisions 2a
and 3, are repealed.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
ARTICLE 17
GENERAL CRIMINAL PROVISIONS
Section 1. Minnesota Statutes 2004, section 152.02,
subdivision 4, is amended to read:
Subd. 4. [SCHEDULE III.] The following items are listed in
Schedule III:
(1) Any material, compound, mixture, or preparation which
contains any quantity of Amphetamine, its salts, optical
isomers, and salts of its optical isomers; Phenmetrazine and its
salts; Methamphetamine, its salts, isomers, and salts of
isomers; Methylphenidate; and which is required by federal law
to be labeled with the symbol prescribed by 21 Code of Federal
Regulations Section 1302.03 and in effect on February 1, 1976
designating that the drug is listed as a Schedule III controlled
substance under federal law.
(2) Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
potential for abuse associated with a depressant effect on the
central nervous system:
(a) Any compound, mixture, or preparation containing
amobarbital, secobarbital, pentobarbital or any salt thereof and
one or more other active medicinal ingredients which are not
listed in any schedule.
(b) Any suppository dosage form containing amobarbital,
secobarbital, pentobarbital, or any salt of any of these drugs
and approved by the food and drug administration for marketing
only as a suppository.
(c) Any substance which contains any quantity of a
derivative of barbituric acid, or any salt of a derivative of
barbituric acid, except those substances which are specifically
listed in other schedules: Chlorhexadol; Glutethimide; Lysergic
acid; Lysergic acid amide; Methyprylon; Sulfondiethylmethane;
Sulfonethylmethane; Sulfonmethane.
(d) Gamma hydroxybutyrate, any salt, compound, derivative,
or preparation of gamma hydroxybutyrate, including any isomers,
esters, and ethers and salts of isomers, esters, and ethers of
gamma hydroxybutyrate whenever the existence of such isomers,
esters, and salts is possible within the specific chemical
designation.
(3) Any material, compound, mixture, or preparation which
contains any quantity of the following substances having a
potential for abuse associated with a stimulant effect on the
central nervous system:
(a) Benzphetamine
(b) Chlorphentermine
(c) Clortermine
(d) Mazindol
(e) Phendimetrazine.
(4) Nalorphine.
(5) Any material, compound, mixture, or preparation
containing limited quantities of any of the following narcotic
drugs, or any salts thereof:
(a) Not more than 1.80 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
an equal or greater quantity of an isoquinoline alkaloid of
opium.
(b) Not more than 1.80 grams of codeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(c) Not more than 300 milligrams of dihydrocodeinone per
100 milliliters or not more than 15 milligrams per dosage unit,
with a fourfold or greater quantity of an isoquinoline alkaloid
of opium.
(d) Not more than 300 milligrams of dihydrocodeinone per
100 milliliters or not more than 15 milligrams per dosage unit,
with one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(e) Not more than 1.80 grams of dihydrocodeine per 100
milliliters or not more than 90 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(f) Not more than 300 milligrams of ethylmorphine per 100
milliliters or not more than 15 milligrams per dosage unit, with
one or more active, nonnarcotic ingredients in recognized
therapeutic amounts.
(g) Not more than 500 milligrams of opium per 100
milliliters or per 100 grams, or not more than 25 milligrams per
dosage unit, with one or more active, nonnarcotic ingredients in
recognized therapeutic amounts.
(h) Not more than 50 milligrams of morphine per 100
milliliters or per 100 grams with one or more active,
nonnarcotic ingredients in recognized therapeutic amounts.
(6) Anabolic steroids, which, for purposes of this
subdivision, means any drug or hormonal substance, chemically
and pharmacologically related to testosterone, other than
estrogens, progestins, corticosteroids, and
dehydroepiandrosterone, and includes: androstanediol;
androstanedione; androstenediol; androstenedione; bolasterone;
boldenone; calusterone; chlorotestosterone; chorionic
gonadotropin; clostebol; dehydrochloromethyltestosterone;
(triangle)1-dihydrotestosterone; 4-dihydrotestosterone;
drostanolone; ethylestrenol; fluoxymesterone; formebolone;
furazabol; human growth hormones;
13b-ethyl-17a-hydroxygon-4-en-3-one; 4-hydroxytestosterone;
4-hydroxy-19-nortestosterone; mestanolone; mesterolone;
methandienone; methandranone; methandriol; methandrostenolone;
methenolone; 17a-methyl-3b, 17b-dihydroxy-5a-androstane;
17a-methyl-3a, 17b-dihydroxy-5a-androstane; 17a-methyl-3b,
17b-dihydroxyandrost-4-ene; 17a-methyl-4-hydroxynandrolone;
methyldienolone; methyltrienolone; methyltestosterone;
mibolerone; 17a-methyl-(triangle)1-dihydrotestosterone;
nandrolone; nandrolone phenpropionate; norandrostenediol;
norandrostenedione; norbolethone; norclostebol; norethandrolone;
normethandrolone; oxandrolone; oxymesterone; oxymetholone;
stanolone; stanozolol; stenbolone; testolactone; testosterone;
testosterone propionate; tetrahydrogestrinone; trenbolone; and
any salt, ester, or ether of a drug or substance described in
this paragraph. Anabolic steroids are not included if they
are: (i) expressly intended for administration through implants
to cattle or other nonhuman species; and (ii) approved by the
United States Food and Drug Administration for that use.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2004, section 152.02,
subdivision 5, is amended to read:
Subd. 5. [SCHEDULE IV.] (a) The following items are listed
in Schedule IV: Anabolic substances; Barbital; Butorphanol;
Carisoprodol; Chloral betaine; Chloral hydrate;
Chlordiazepoxide; Clonazepam; Clorazepate; Diazepam;
Diethylpropion; Ethchlorvynol; Ethinamate; Fenfluramine;
Flurazepam; Mebutamate; Methohexital; Meprobamate except when in
combination with the following drugs in the following or lower
concentrations: conjugated estrogens, 0.4 mg; tridihexethyl
chloride, 25mg; pentaerythritol tetranitrate, 20 mg;
Methylphenobarbital; Oxazepam; Paraldehyde; Pemoline;
Petrichloral; Phenobarbital; and Phentermine.
(b) For purposes of this subdivision, "anabolic substances"
means the naturally occurring androgens or derivatives of
androstane (androsterone and testosterone); testosterone and its
esters, including, but not limited to, testosterone propionate,
and its derivatives, including, but not limited to,
methyltestosterone and growth hormones, except that anabolic
substances are not included if they are: (1) expressly intended
for administration through implants to cattle or other nonhuman
species; and (2) approved by the United States Food and Drug
Administration for that use.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 3. [171.175] [SUSPENSION; THEFT OF GASOLINE OFFENSE.]
Subdivision 1. [THEFT OF GASOLINE.] The commissioner of
public safety shall suspend for 30 days the license of any
person convicted or juvenile adjudicated delinquent for theft of
gasoline under section 609.52, subdivision 2, clause (1).
Subd. 2. [DEFINITION.] For the purposes of this section,
"gasoline" has the meaning given it in section 296A.01,
subdivision 23.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 4. Minnesota Statutes 2004, section 343.31, is
amended to read:
343.31 [ANIMAL FIGHTS PROHIBITED AND POSSESSION OF FIGHTING
ANIMALS.]
Subdivision 1. [PENALTY FOR ANIMAL FIGHTING; ATTENDING
ANIMAL FIGHT.] Any A person who:
(1) promotes or, engages in, or is employed at in the
activity of cockfighting, dogfighting, or violent pitting of one
domestic animal against another of the same or a different kind;
or
(2) receives money for the admission of any a person to any
a place used, or about to be used, for that activity; or
(3) willfully permits any a person to enter or use for that
activity premises of which the permitter is the owner, agent, or
occupant; or
(4) uses, trains, or possesses a dog or other animal for
the purpose of participating in, engaging in, or promoting that
activity
is guilty of a felony. Any A person who purchases a ticket of
admission or otherwise gains admission to that activity is
guilty of a misdemeanor.
Subd. 2. [PRESUMPTION OF TRAINING A FIGHTING DOG.] There
is a rebuttable presumption that a dog has been trained or is
being trained to fight if:
(1) the dog exhibits fresh wounds, scarring, or other
indications that the dog has been or will be used for fighting;
and
(2) the person possesses training apparatus, paraphernalia,
or drugs known to be used to prepare dogs to be fought.
This presumption may be rebutted by a preponderance of the
evidence.
Subd. 3. [PRESUMPTION OF TRAINING FIGHTING BIRDS.] There
is a rebuttable presumption that a bird has been trained or is
being trained to fight if:
(1) the bird exhibits fresh wounds, scarring, or other
indications that the bird has been or will be used for fighting;
or
(2) the person possesses training apparatus, paraphernalia,
or drugs known to be used to prepare birds to be fought.
This presumption may be rebutted by a preponderance of the
evidence.
Subd. 4. [PEACE OFFICER DUTIES.] Animals described in
subdivisions 2 and 3 are dangerous weapons and constitute an
immediate danger to the safety of humans. A peace officer or
animal control authority may remove, shelter, and care for an
animal found in the circumstances described in subdivision 2 or
3. If necessary, a peace officer or animal control authority
may deliver the animal to another person to be sheltered and
cared for. In all cases, the peace officer or animal control
authority must immediately notify the owner, if known, as
provided in subdivision 5. The peace officer, animal control
authority, or other person assuming care of the animal shall
have a lien on it for the actual cost of care and keeping of the
animal. If the owner or custodian is unknown and cannot by
reasonable effort be ascertained, or does not, within ten days
after notice, redeem the animal by paying the expenses
authorized by this subdivision, the animal may be disposed of as
provided in subdivision 5.
Subd. 5. [DISPOSITION.] (a) An animal taken into custody
under subdivision 4 may be humanely disposed of at the
discretion of the jurisdiction having custody of the animal ten
days after the animal is taken into custody, if the procedures
in paragraph (c) are followed.
(b) The owner of an animal taken into custody under
subdivision 4 may prevent disposition of the animal by posting
security in an amount sufficient to provide for the actual costs
of care and keeping of the animal. The security must be posted
within ten days of the seizure inclusive of the date of the
seizure. If, however, a hearing is scheduled within ten days of
the seizure, the security amount must be posted prior to the
hearing.
(c)(1) The authority taking custody of an animal under
subdivision 4 must give notice of this section by delivering or
mailing it to the owner of the animal, posting a copy of it at
the place where the animal is taken into custody, or delivering
it to a person residing on the property and telephoning, if
possible. The notice must include:
(i) a description of the animal seized; the authority and
purpose for the seizure; the time, place, and circumstances
under which the animal was seized; and the location, address,
and telephone number of a contact person who knows where the
animal is kept;
(ii) a statement that the owner of the animal may post
security to prevent disposition of the animal and may request a
hearing concerning the seizure and impoundment and that failure
to do so within ten days of the date of the notice will result
in disposition of the animal; and
(iii) a statement that all actual costs of the care,
keeping, and disposal of the animal are the responsibility of
the owner of the animal, except to the extent that a court or
hearing officer finds that the seizure or impoundment was not
substantially justified by law. The notice must also include a
form that can be used by a person claiming an interest in the
animal for requesting a hearing.
(2) The owner may request a hearing within ten days of the
date of the seizure. If requested, a hearing must be held
within five business days of the request to determine the
validity of the impoundment. The municipality taking custody of
the animal or the municipality from which the animal was seized
may either (i) authorize a licensed veterinarian with no
financial interest in the matter or professional association
with either party, or (ii) use the services of a hearing officer
to conduct the hearing. An owner may appeal the hearing
officer's decision to the district court within five days of the
notice of the decision.
(3) The judge or hearing officer may authorize the return
of the animal if the judge or hearing officer finds that (i) the
animal is physically fit; (ii) the person claiming an interest
in the animal can and will provide the care required by law for
the animal; and (iii) the animal has not been used for violent
pitting or fighting.
(4) The person claiming an interest in the animal is liable
for all actual costs of care, keeping, and disposal of the
animal, except to the extent that a court or hearing officer
finds that the seizure or impoundment was not substantially
justified by law. The costs must be paid in full or a mutually
satisfactory arrangement for payment must be made between the
municipality and the person claiming an interest in the animal
before the return of the animal to the person.
Subd. 6. [PHOTOGRAPHS.] (a) Photographs of animals seized
during an investigation are competent evidence if the
photographs are admissible into evidence under all the rules of
law governing the admissibility of photographs into evidence. A
satisfactorily identified photographic record is as admissible
in evidence as the animal itself.
(b) A photograph must be accompanied by a written
description of the animals seized, the name of the owner of the
animals seized, the date of the photograph, and the name,
address, organization, and signature of the photographer.
Subd. 7. [VETERINARY INVESTIGATIVE REPORT.] (a) A report
completed by a Minnesota licensed veterinarian following an
examination of an animal seized during an investigation is
competent evidence. A satisfactorily identified veterinary
investigative report is as admissible in evidence as the animal
itself.
(b) The veterinary investigative report may contain a
written description of the animal seized, the medical evaluation
of the physical findings, the prognosis for recovery, and the
date of the examination and must contain the name, address,
veterinary clinic, and signature of the veterinarian performing
the examination.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 5. Minnesota Statutes 2004, section 518B.01,
subdivision 22, is amended to read:
Subd. 22. [VIOLATION OF A DOMESTIC ABUSE NO CONTACT
ORDER.] (a) A domestic abuse no contact order is an order issued
by a court against a defendant in a criminal proceeding for:
(1) domestic abuse;
(2) harassment or stalking charged under section 609.749
and committed against a family or household member;
(3) violation of an order for protection charged under
subdivision 14; or
(4) violation of a prior domestic abuse no contact order
charged under this subdivision.
It includes pretrial orders before final disposition of the case
and probationary orders after sentencing.
(b) A person who knows of the existence of a domestic abuse
no contact order issued against the person and violates the
order is guilty of a misdemeanor.
(c) A peace officer shall arrest without a warrant and take
into custody a person whom the peace officer has probable cause
to believe has violated a domestic abuse no contact order, even
if the violation of the order did not take place in the presence
of the peace officer, if the existence of the order can be
verified by the officer. The person shall be held in custody
for at least 36 hours, excluding the day of arrest, Sundays, and
holidays, unless the person is released earlier by a judge or
judicial officer. A peace officer acting in good faith and
exercising due care in making an arrest pursuant to this
paragraph is immune from civil liability that might result from
the officer's actions.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 6. Minnesota Statutes 2004, section 604.15,
subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING.] (a) The owner of a vehicle
that receives motor fuel that was not paid for is liable to the
retailer for the price of the motor fuel received and a service
charge of up to $20, or the actual costs of collection not to
exceed $30. This charge may be imposed immediately upon the
mailing of the notice under subdivision 3, if notice of the
service charge was conspicuously displayed on the premises from
which the motor fuel was received. The notice must include a
statement that additional civil penalties will be imposed if
payment is not received within 30 days. Only one service charge
may be imposed under this paragraph for each incident. If a law
enforcement agency obtains payment for the motor fuel on behalf
of the retailer, the service charge may be retained by the law
enforcement agency for its expenses.
(b) If the price of the motor fuel received is not paid
within 30 days after the retailer has mailed notice under
subdivision 3, the owner is liable to the retailer for the price
of the motor fuel received, the service charge as provided in
paragraph (a), plus a civil penalty not to exceed $100 or the
price of the motor fuel, whichever is greater. In determining
the amount of the penalty, the court shall consider the amount
of the fuel taken and the reason for the nonpayment. The
retailer shall also be entitled to:
(1) interest at the legal rate for judgments under section
549.09 from the date of nonpayment; and
(2) reasonable attorney fees, but not to exceed $500.
The civil penalty may not be imposed until 30 days after
the mailing of the notice under subdivision 3.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and applies to acts committed on or after that date.
Sec. 7. Minnesota Statutes 2004, section 604.15, is
amended by adding a subdivision to read:
Subd. 5. [NOT A BAR TO CRIMINAL LIABILITY.] Civil
liability under this section does not preclude criminal
liability under applicable law.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 8. Minnesota Statutes 2004, section 609.02,
subdivision 16, is amended to read:
Subd. 16. [QUALIFIED DOMESTIC VIOLENCE-RELATED OFFENSE.]
"Qualified domestic violence-related offense" includes the
following offenses: sections 518B.01, subdivision 14 (violation
of domestic abuse order for protection); 609.221 (first-degree
assault); 609.222 (second-degree assault); 609.223 (third-degree
assault); 609.2231 (fourth-degree assault); 609.224
(fifth-degree assault); 609.2242 (domestic assault); 609.2247
(domestic assault by strangulation); 609.342 (first-degree
criminal sexual conduct); 609.343 (second-degree criminal sexual
conduct); 609.344 (third-degree criminal sexual conduct);
609.345 (fourth-degree criminal sexual conduct); 609.377
(malicious punishment of a child); 609.713 (terroristic
threats); 609.748, subdivision 6 (violation of harassment
restraining order); and 609.749 (harassment/stalking); and
similar laws of other states, the United States, the District of
Columbia, tribal lands, and United States territories.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 9. Minnesota Statutes 2004, section 609.106,
subdivision 2, is amended to read:
Subd. 2. [LIFE WITHOUT RELEASE.] The court shall sentence
a person to life imprisonment without possibility of release
under the following circumstances:
(1) the person is convicted of first degree murder under
section 609.185, paragraph (a), clause (1), (2), (4), or (7);
(2) the person is convicted of committing first degree
murder in the course of a kidnapping under section 609.185,
clause (3); or
(3) the person is convicted of first degree murder under
section 609.185, clause (1), (3), (5), or (6), and the court
determines on the record at the time of sentencing that the
person has one or more previous convictions for a heinous crime.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 10. Minnesota Statutes 2004, section 609.185, is
amended to read:
609.185 [MURDER IN THE FIRST DEGREE.]
(a) Whoever does any of the following is guilty of murder
in the first degree and shall be sentenced to imprisonment for
life:
(1) causes the death of a human being with premeditation
and with intent to effect the death of the person or of another;
(2) causes the death of a human being while committing or
attempting to commit criminal sexual conduct in the first or
second degree with force or violence, either upon or affecting
the person or another;
(3) causes the death of a human being with intent to effect
the death of the person or another, while committing or
attempting to commit burglary, aggravated robbery, kidnapping,
arson in the first or second degree, a drive-by shooting,
tampering with a witness in the first degree, escape from
custody, or any felony violation of chapter 152 involving the
unlawful sale of a controlled substance;
(4) causes the death of a peace officer or a guard employed
at a Minnesota state or local correctional facility, with intent
to effect the death of that person or another, while the peace
officer or guard is engaged in the performance of official
duties;
(5) causes the death of a minor while committing child
abuse, when the perpetrator has engaged in a past pattern of
child abuse upon the a child and the death occurs under
circumstances manifesting an extreme indifference to human life;
(6) causes the death of a human being while committing
domestic abuse, when the perpetrator has engaged in a past
pattern of domestic abuse upon the victim or upon another family
or household member and the death occurs under circumstances
manifesting an extreme indifference to human life; or
(7) causes the death of a human being while committing,
conspiring to commit, or attempting to commit a felony crime to
further terrorism and the death occurs under circumstances
manifesting an extreme indifference to human life.
(b) For purposes of paragraph (a), clause (5), "child abuse"
means an act committed against a minor victim that constitutes a
violation of the following laws of this state or any similar
laws of the United States or any other state: section 609.221;
609.222; 609.223; 609.224; 609.2242; 609.342; 609.343; 609.344;
609.345; 609.377; 609.378; or 609.713.
(c) For purposes of paragraph (a), clause (6), "domestic
abuse" means an act that:
(1) constitutes a violation of section 609.221, 609.222,
609.223, 609.224, 609.2242, 609.342, 609.343, 609.344, 609.345,
609.713, or any similar laws of the United States or any other
state; and
(2) is committed against the victim who is a family or
household member as defined in section 518B.01, subdivision 2,
paragraph (b).
(d) For purposes of paragraph (a), clause (7), "further
terrorism" has the meaning given in section 609.714, subdivision
1.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to crimes committed on or
after that date.
Sec. 11. Minnesota Statutes 2004, section 609.2231, is
amended by adding a subdivision to read:
Subd. 3a. [SECURE TREATMENT FACILITY PERSONNEL.] (a) As
used in this subdivision, "secure treatment facility" has the
meaning given in section 253B.02, subdivision 18a.
(b) Whoever, while committed under section 253B.185 or
Minnesota Statutes 1992, section 526.10, commits either of the
following acts against an employee or other individual who
provides care or treatment at a secure treatment facility while
the person is engaged in the performance of a duty imposed by
law, policy, or rule is guilty of a felony and may be sentenced
to imprisonment for not more than two years or to payment of a
fine of not more than $4,000, or both:
(1) assaults the person and inflicts demonstrable bodily
harm; or
(2) intentionally throws or otherwise transfers bodily
fluids or feces at or onto the person.
(c) The court shall commit a person convicted of violating
paragraph (b) to the custody of the commissioner of corrections
for not less than a year and a day. The court may not, on its
own motion or the prosecutor's motion, sentence a person without
regard to this paragraph. A person convicted and sentenced as
required by this paragraph is not eligible for probation,
parole, discharge, work release, or supervised release, until
that person has served the full term of imprisonment as provided
by law, notwithstanding the provisions of sections 241.26,
242.19, 243.05, 244.04, 609.12, and 609.135.
(d) Notwithstanding the statutory maximum sentence provided
in paragraph (b), when a court sentences a person to the custody
of the commissioner of corrections for a violation of paragraph
(b), the court shall provide that after the person has completed
the sentence imposed, the commissioner shall place the person on
conditional release for five years. The terms of conditional
release are governed by sections 244.05 and 609.109.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 12. Minnesota Statutes 2004, section 609.2242,
subdivision 3, is amended to read:
Subd. 3. [DOMESTIC ASSAULTS; FIREARMS.] (a) When a person
is convicted of a violation of this section or section 609.221,
609.222, 609.223, or 609.224, or 609.2247, the court shall
determine and make written findings on the record as to whether:
(1) the assault was committed against a family or household
member, as defined in section 518B.01, subdivision 2;
(2) the defendant owns or possesses a firearm; and
(3) the firearm was used in any way during the commission
of the assault.
(b) If the court determines that the assault was of a
family or household member, and that the offender owns or
possesses a firearm and used it in any way during the commission
of the assault, it shall order that the firearm be summarily
forfeited under section 609.5316, subdivision 3.
(c) When a person is convicted of assaulting a family or
household member and is determined by the court to have used a
firearm in any way during commission of the assault, the court
may order that the person is prohibited from possessing any type
of firearm for any period longer than three years or for the
remainder of the person's life. A person who violates this
paragraph is guilty of a gross misdemeanor. At the time of the
conviction, the court shall inform the defendant whether and for
how long the defendant is prohibited from possessing a firearm
and that it is a gross misdemeanor to violate this paragraph.
The failure of the court to provide this information to a
defendant does not affect the applicability of the firearm
possession prohibition or the gross misdemeanor penalty to that
defendant.
(d) Except as otherwise provided in paragraph (c), when a
person is convicted of a violation of this section or section
609.224 and the court determines that the victim was a family or
household member, the court shall inform the defendant that the
defendant is prohibited from possessing a pistol for three years
from the date of conviction and that it is a gross misdemeanor
offense to violate this prohibition. The failure of the court
to provide this information to a defendant does not affect the
applicability of the pistol possession prohibition or the gross
misdemeanor penalty to that defendant.
(e) Except as otherwise provided in paragraph (c), a person
is not entitled to possess a pistol if the person has been
convicted after August 1, 1992, of domestic assault under this
section or assault in the fifth degree under section 609.224 and
the assault victim was a family or household member as defined
in section 518B.01, subdivision 2, unless three years have
elapsed from the date of conviction and, during that time, the
person has not been convicted of any other violation of this
section or section 609.224. Property rights may not be abated
but access may be restricted by the courts. A person who
possesses a pistol in violation of this paragraph is guilty of a
gross misdemeanor.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 13. [609.2247] [DOMESTIC ASSAULT BY STRANGULATION.]
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given.
(b) "Family or household members" has the meaning given in
section 518B.01, subdivision 2.
(c) "Strangulation" means intentionally impeding normal
breathing or circulation of the blood by applying pressure on
the throat or neck or by blocking the nose or mouth of another
person.
Subd. 2. [CRIME.] Unless a greater penalty is provided
elsewhere, whoever assaults a family or household member by
strangulation is guilty of a felony and may be sentenced to
imprisonment for not more than three years or to payment of a
fine of not more than $5,000, or both.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 14. Minnesota Statutes 2004, section 609.229,
subdivision 3, is amended to read:
Subd. 3. [PENALTY.] (a) If the crime committed in
violation of subdivision 2 is a felony, the statutory maximum
for the crime is five years longer than the statutory maximum
for the underlying crime. If the crime committed in violation
of subdivision 2 is a felony, and the victim of the crime is a
child under the age of 18 years, the statutory maximum for the
crime is ten years longer than the statutory maximum for the
underlying crime.
(b) If the crime committed in violation of subdivision 2 is
a misdemeanor, the person is guilty of a gross misdemeanor.
(c) If the crime committed in violation of subdivision 2 is
a gross misdemeanor, the person is guilty of a felony and may be
sentenced to imprisonment for not more than three years or to
payment of a fine of not more than $15,000, or both.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 15. [609.281] [DEFINITIONS.]
Subdivision 1. [GENERALLY.] As used in sections 609.281 to
609.284, the following terms have the meanings given.
Subd. 2. [BLACKMAIL.] "Blackmail" means a threat to expose
any fact or alleged fact tending to cause shame or to subject
any person to hatred, contempt, or ridicule.
Subd. 3. [DEBT BONDAGE.] "Debt bondage" means the status
or condition of a debtor arising from a pledge by the debtor of
the debtor's personal services or those of a person under the
debtor's control as a security for debt, if the value of those
services as reasonably assessed is not applied toward the
liquidation of the debt or the length and nature of those
services are not respectively limited and defined.
Subd. 4. [FORCED LABOR OR SERVICES.] "Forced labor or
services" means labor or services that are performed or provided
by another person and are obtained or maintained through an
actor's:
(1) threat, either implicit or explicit, scheme, plan, or
pattern, or other action intended to cause a person to believe
that, if the person did not perform or provide the labor or
services, that person or another person would suffer bodily harm
or physical restraint;
(2) physically restraining or threatening to physically
restrain a person;
(3) abuse or threatened abuse of the legal process;
(4) knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
other immigration document, or any other actual or purported
government identification document, of another person; or
(5) use of blackmail.
Subd. 5. [LABOR TRAFFICKING.] "Labor trafficking" means
the recruitment, transportation, transfer, harboring,
enticement, provision, obtaining, or receipt of a person by any
means, whether a United States citizen or foreign national, for
the purpose of:
(1) debt bondage or forced labor or services;
(2) slavery or practices similar to slavery; or
(3) the removal of organs through the use of coercion or
intimidation.
Subd. 6. [LABOR TRAFFICKING VICTIM.] "Labor trafficking
victim" means a person subjected to the practices in subdivision
5.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 16. [609.282] [LABOR TRAFFICKING.]
Whoever knowingly engages in the labor trafficking of
another is guilty of a crime and may be sentenced to
imprisonment for not more than 15 years or to payment of a fine
of not more than $30,000, or both. In a prosecution under this
section the consent or age of the victim is not a defense.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 17. [609.283] [UNLAWFUL CONDUCT WITH RESPECT TO
DOCUMENTS IN FURTHERANCE OF LABOR OR SEX TRAFFICKING.]
Unless the person's conduct constitutes a violation of
section 609.282, a person who knowingly destroys, conceals,
removes, confiscates, or possesses any actual or purported
passport or other immigration document, or any other actual or
purported government identification document, of another person:
(1) in the course of a violation of section 609.282 or
609.322;
(2) with intent to violate section 609.282 or 609.322; or
(3) to prevent or restrict or to attempt to prevent or
restrict, without lawful authority, a person's liberty to move
or travel, in order to maintain the labor or services of that
person, when the person is or has been a victim of a violation
of section 609.282 or 609.322;
is guilty of a crime and may be sentenced to imprisonment for
not more than five years or to payment of a fine of not more
than $10,000, or both. In a prosecution under this section the
consent or age of the victim is not a defense.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 18. [609.284] [LABOR OR SEX TRAFFICKING CRIMES;
DEFENSES; CIVIL LIABILITY; CORPORATE LIABILITY.]
Subdivision 1. [CONSENT OR AGE OF VICTIM NOT A
DEFENSE.] In an action under this section the consent or age of
the victim is not a defense.
Subd. 2. [CIVIL LIABILITY.] A labor trafficking victim may
bring a cause of action against a person who violates section
609.282 or 609.283. The court may award damages, including
punitive damages, reasonable attorney fees, and other litigation
costs reasonably incurred by the victim. This remedy is in
addition to potential criminal liability.
Subd. 3. [CORPORATE LIABILITY.] If a corporation or other
business enterprise is convicted of violating section 609.282,
609.283, or 609.322, in addition to the criminal penalties
described in those sections and other remedies provided
elsewhere in law, the court may, when appropriate:
(1) order its dissolution or reorganization;
(2) order the suspension or revocation of any license,
permit, or prior approval granted to it by a state agency; or
(3) order the surrender of its charter if it is organized
under Minnesota law or the revocation of its certificate to
conduct business in Minnesota if it is not organized under
Minnesota law.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 19. Minnesota Statutes 2004, section 609.321,
subdivision 1, is amended to read:
Subdivision 1. [SCOPE.] For the purposes of sections
609.321 to 609.324 609.325, the following terms have the
meanings given.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 20. Minnesota Statutes 2004, section 609.321,
subdivision 7, is amended to read:
Subd. 7. [PROMOTES THE PROSTITUTION OF AN INDIVIDUAL.]
"Promotes the prostitution of an individual" means any of the
following wherein the person knowingly:
(1) solicits or procures patrons for a prostitute; or
(2) provides, leases or otherwise permits premises or
facilities owned or controlled by the person to aid the
prostitution of an individual; or
(3) owns, manages, supervises, controls, keeps or operates,
either alone or with others, a place of prostitution to aid the
prostitution of an individual; or
(4) owns, manages, supervises, controls, operates,
institutes, aids or facilitates, either alone or with others, a
business of prostitution to aid the prostitution of an
individual; or
(5) admits a patron to a place of prostitution to aid the
prostitution of an individual; or
(6) transports an individual from one point within this
state to another point either within or without this state, or
brings an individual into this state to aid the prostitution of
the individual; or
(7) engages in the sex trafficking of an individual.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 21. Minnesota Statutes 2004, section 609.321, is
amended by adding a subdivision to read:
Subd. 7a. [SEX TRAFFICKING.] "Sex trafficking" means
receiving, recruiting, enticing, harboring, providing, or
obtaining by any means an individual to aid in the prostitution
of the individual.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 22. Minnesota Statutes 2004, section 609.321, is
amended by adding a subdivision to read:
Subd. 7b. [SEX TRAFFICKING VICTIM.] "Sex trafficking
victim" means a person subjected to the practices in subdivision
7a.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 23. Minnesota Statutes 2004, section 609.321,
subdivision 12, is amended to read:
Subd. 12. [PUBLIC PLACE.] A "public place" means a public
street or sidewalk, a pedestrian skyway system as defined in
section 469.125, subdivision 4, a hotel, motel, or other place
of public accommodation, or a place licensed to sell
intoxicating liquor, wine, nonintoxicating malt beverages, or
food, or a motor vehicle located on a public street, alley, or
parking lot ordinarily used by or available to the public though
not used as a matter of right and a driveway connecting such a
parking lot with a street or highway.
[EFFECTIVE DATE.] This section is effective the day
following final enactment and applies to crimes committed on or
after that date.
Sec. 24. [609.3243] [LOITERING WITH INTENT TO PARTICIPATE
IN PROSTITUTION.]
A person who loiters in a public place with intent to
participate in prostitution is guilty of a misdemeanor.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 25. Minnesota Statutes 2004, section 609.325, is
amended by adding a subdivision to read:
Subd. 4. [AFFIRMATIVE DEFENSE.] It is an affirmative
defense to a charge under section 609.324 if the defendant
proves by a preponderance of the evidence that the defendant is
a labor trafficking victim, as defined in section 609.281, or a
sex trafficking victim, as defined in section 609.321, and that
the defendant committed the act only under compulsion by another
who by explicit or implicit threats created a reasonable
apprehension in the mind of the defendant that if the defendant
did not commit the act, the person would inflict bodily harm
upon the defendant.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 26. Minnesota Statutes 2004, section 609.485,
subdivision 2, is amended to read:
Subd. 2. [ACTS PROHIBITED.] Whoever does any of the
following may be sentenced as provided in subdivision 4:
(1) escapes while held pursuant to a lawful arrest, in
lawful custody on a charge or conviction of a crime, or while
held in lawful custody on an allegation or adjudication of a
delinquent act;
(2) transfers to another, who is in lawful custody on a
charge or conviction of a crime, or introduces into an
institution in which the latter is confined, anything usable in
making such escape, with intent that it shall be so used;
(3) having another in lawful custody on a charge or
conviction of a crime, intentionally permits the other to
escape;
(4) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
after a finding of not guilty by reason of mental illness or
mental deficiency of a crime against the person, as defined in
section 253B.02, subdivision 4a. Notwithstanding section
609.17, no person may be charged with or convicted of an attempt
to commit a violation of this clause; or
(5) escapes while in a facility designated under section
253B.18, subdivision 1, pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10; or
(6) escapes while on pass status or provisional discharge
according to section 253B.18.
For purposes of clause (1), "escapes while held in lawful
custody" includes absconding from electronic monitoring or
absconding after removing an electronic monitoring device from
the person's body.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 27. Minnesota Statutes 2004, section 609.485,
subdivision 4, is amended to read:
Subd. 4. [SENTENCE.] (a) Except as otherwise provided in
subdivision 3a, whoever violates this section may be sentenced
as follows:
(1) if the person who escapes is in lawful custody for a
felony, to imprisonment for not more than five years or to
payment of a fine of not more than $10,000, or both;
(2) if the person who escapes is in lawful custody after a
finding of not guilty by reason of mental illness or mental
deficiency of a crime against the person, as defined in section
253B.02, subdivision 4a, or pursuant to a court commitment order
under section 253B.185 or Minnesota Statutes 1992, section
526.10, to imprisonment for not more than one year and one day
or to payment of a fine of not more than $3,000, or both; or
(3) if the person who escapes is in lawful custody for a
gross misdemeanor or misdemeanor, or if the person who escapes
is in lawful custody on an allegation or adjudication of a
delinquent act, to imprisonment for not more than one year or to
payment of a fine of not more than $3,000, or both; or
(4) if the person who escapes is under civil commitment
under sections 253B.18 and 253B.185, to imprisonment for not
more than one year and one day or to payment of a fine of not
more than $3,000, or both.
(b) If the escape was a violation of subdivision 2, clause
(1), (2), or (3), and was effected by violence or threat of
violence against a person, the sentence may be increased to not
more than twice those permitted in paragraph (a), clauses (1)
and (3).
(c) Unless a concurrent term is specified by the court, a
sentence under this section shall be consecutive to any sentence
previously imposed or which may be imposed for any crime or
offense for which the person was in custody when the person
escaped.
(d) Notwithstanding paragraph (c), if a person who was
committed to the commissioner of corrections under section
260B.198 escapes from the custody of the commissioner while 18
years of age, the person's sentence under this section shall
commence on the person's 19th birthday or on the person's date
of discharge by the commissioner of corrections, whichever
occurs first. However, if the person described in this clause
is convicted under this section after becoming 19 years old and
after having been discharged by the commissioner, the person's
sentence shall commence upon imposition by the sentencing court.
(e) Notwithstanding paragraph (c), if a person who is in
lawful custody on an allegation or adjudication of a delinquent
act while 18 years of age escapes from a local juvenile
correctional facility, the person's sentence under this section
begins on the person's 19th birthday or on the person's date of
discharge from the jurisdiction of the juvenile court, whichever
occurs first. However, if the person described in this
paragraph is convicted after becoming 19 years old and after
discharge from the jurisdiction of the juvenile court, the
person's sentence begins upon imposition by the sentencing court.
(f) Notwithstanding paragraph (a), any person who escapes
or absconds from electronic monitoring or removes an electric
monitoring device from the person's body is guilty of a crime
and shall be sentenced to imprisonment for not more than one
year or to a payment of a fine of not more than $3,000, or
both. A person in lawful custody for a violation of section
609.185, 609.19, 609.195, 609.20, 609.205, 609.21, 609.221,
609.222, 609.223, 609.2231, 609.342, 609.343, 609.344, 609.345,
or 609.3451 who escapes or absconds from electronic monitoring
or removes an electronic monitoring device while under sentence
may be sentenced to imprisonment for not more than five years or
to a payment of a fine of not more than $10,000, or both.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 28. Minnesota Statutes 2004, section 609.487, is
amended by adding a subdivision to read:
Subd. 6. [FLEEING, OTHER THAN VEHICLE.] Whoever, for the
purpose of avoiding arrest, detention, or investigation, or in
order to conceal or destroy potential evidence related to the
commission of a crime, attempts to evade or elude a peace
officer, who is acting in the lawful discharge of an official
duty, by means of running, hiding, or by any other means except
fleeing in a motor vehicle, is guilty of a misdemeanor.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 29. Minnesota Statutes 2004, section 609.50,
subdivision 1, is amended to read:
Subdivision 1. [CRIME.] Whoever intentionally does any of
the following may be sentenced as provided in subdivision 2:
(1) obstructs, hinders, or prevents the lawful execution of
any legal process, civil or criminal, or apprehension of another
on a charge or conviction of a criminal offense;
(2) obstructs, resists, or interferes with a peace officer
while the officer is engaged in the performance of official
duties;
(3) interferes with or obstructs the prevention or
extinguishing of a fire, or disobeys the lawful order of a
firefighter present at the fire while the firefighter is engaged
in the performance of official duties; or
(4) interferes with or obstructs a member of an ambulance
service personnel crew, as defined in section 144E.001,
subdivision 3a, who is providing, or attempting to provide,
emergency care; or
(5) by force or threat of force endeavors to obstruct any
employee of the Department of Revenue while the employee is
lawfully engaged in the performance of official duties for the
purpose of deterring or interfering with the performance of
those duties.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 30. Minnesota Statutes 2004, section 609.505, is
amended to read:
609.505 [FALSELY REPORTING CRIME.]
Subdivision 1. [FALSE REPORTING.] Whoever informs a law
enforcement officer that a crime has been committed or otherwise
provides information to an on-duty peace officer, knowing that
the person is a peace officer, regarding the conduct of others,
knowing that it is false and intending that the officer shall
act in reliance upon it, is guilty of a misdemeanor. A person
who is convicted a second or subsequent time under this section
is guilty of a gross misdemeanor.
Subd. 2. [REPORTING POLICE MISCONDUCT.] (a) Whoever
informs, or causes information to be communicated to, a peace
officer, whose responsibilities include investigating or
reporting police misconduct, that a peace officer, as defined in
section 626.84, subdivision 1, paragraph (c), has committed an
act of police misconduct, knowing that the information is false,
is guilty of a crime and may be sentenced as follows:
(1) up to the maximum provided for a misdemeanor if the
false information does not allege a criminal act; or
(2) up to the maximum provided for a gross misdemeanor if
the false information alleges a criminal act.
(b) The court shall order any person convicted of a
violation of this subdivision to make full restitution of all
reasonable expenses incurred in the investigation of the false
allegation unless the court makes a specific written finding
that restitution would be inappropriate under the
circumstances. A restitution award may not exceed $3,000.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 31. Minnesota Statutes 2004, section 609.52,
subdivision 2, is amended to read:
Subd. 2. [ACTS CONSTITUTING THEFT.] Whoever does any of
the following commits theft and may be sentenced as provided in
subdivision 3:
(1) intentionally and without claim of right takes, uses,
transfers, conceals or retains possession of movable property of
another without the other's consent and with intent to deprive
the owner permanently of possession of the property; or
(2) with or without having a legal interest in movable
property, intentionally and without consent, takes the property
out of the possession of a pledgee or other person having a
superior right of possession, with intent thereby to deprive the
pledgee or other person permanently of the possession of the
property; or
(3) obtains for the actor or another the possession,
custody, or title to property of or performance of services by a
third person by intentionally deceiving the third person with a
false representation which is known to be false, made with
intent to defraud, and which does defraud the person to whom it
is made. "False representation" includes without limitation:
(i) the issuance of a check, draft, or order for the
payment of money, except a forged check as defined in section
609.631, or the delivery of property knowing that the actor is
not entitled to draw upon the drawee therefor or to order the
payment or delivery thereof; or
(ii) a promise made with intent not to perform. Failure to
perform is not evidence of intent not to perform unless
corroborated by other substantial evidence; or
(iii) the preparation or filing of a claim for
reimbursement, a rate application, or a cost report used to
establish a rate or claim for payment for medical care provided
to a recipient of medical assistance under chapter 256B, which
intentionally and falsely states the costs of or actual services
provided by a vendor of medical care; or
(iv) the preparation or filing of a claim for reimbursement
for providing treatment or supplies required to be furnished to
an employee under section 176.135 which intentionally and
falsely states the costs of or actual treatment or supplies
provided; or
(v) the preparation or filing of a claim for reimbursement
for providing treatment or supplies required to be furnished to
an employee under section 176.135 for treatment or supplies that
the provider knew were medically unnecessary, inappropriate, or
excessive; or
(4) by swindling, whether by artifice, trick, device, or
any other means, obtains property or services from another
person; or
(5) intentionally commits any of the acts listed in this
subdivision but with intent to exercise temporary control only
and:
(i) the control exercised manifests an indifference to the
rights of the owner or the restoration of the property to the
owner; or
(ii) the actor pledges or otherwise attempts to subject the
property to an adverse claim; or
(iii) the actor intends to restore the property only on
condition that the owner pay a reward or buy back or make other
compensation; or
(6) finds lost property and, knowing or having reasonable
means of ascertaining the true owner, appropriates it to the
finder's own use or to that of another not entitled thereto
without first having made reasonable effort to find the owner
and offer and surrender the property to the owner; or
(7) intentionally obtains property or services, offered
upon the deposit of a sum of money or tokens in a coin or token
operated machine or other receptacle, without making the
required deposit or otherwise obtaining the consent of the
owner; or
(8) intentionally and without claim of right converts any
article representing a trade secret, knowing it to be such, to
the actor's own use or that of another person or makes a copy of
an article representing a trade secret, knowing it to be such,
and intentionally and without claim of right converts the same
to the actor's own use or that of another person. It shall be a
complete defense to any prosecution under this clause for the
defendant to show that information comprising the trade secret
was rightfully known or available to the defendant from a source
other than the owner of the trade secret; or
(9) leases or rents personal property under a written
instrument and who:
(i) with intent to place the property beyond the control of
the lessor conceals or aids or abets the concealment of the
property or any part thereof; or
(ii) sells, conveys, or encumbers the property or any part
thereof without the written consent of the lessor, without
informing the person to whom the lessee sells, conveys, or
encumbers that the same is subject to such lease or rental
contract with intent to deprive the lessor of possession
thereof; or
(iii) does not return the property to the lessor at the end
of the lease or rental term, plus agreed upon extensions, with
intent to wrongfully deprive the lessor of possession of the
property; or
(iv) returns the property to the lessor at the end of the
lease or rental term, plus agreed upon extensions, but does not
pay the lease or rental charges agreed upon in the written
instrument, with intent to wrongfully deprive the lessor of the
agreed upon charges.
For the purposes of items (iii) and (iv), the value of the
property must be at least $100.
Evidence that a lessee used a false, fictitious, or not current
name, address, or place of employment in obtaining the property
or fails or refuses to return the property or pay the rental
contract charges to lessor within five days after written demand
for the return has been served personally in the manner provided
for service of process of a civil action or sent by certified
mail to the last known address of the lessee, whichever shall
occur later, shall be evidence of intent to violate this
clause. Service by certified mail shall be deemed to be
complete upon deposit in the United States mail of such demand,
postpaid and addressed to the person at the address for the
person set forth in the lease or rental agreement, or, in the
absence of the address, to the person's last known place of
residence; or
(10) alters, removes, or obliterates numbers or symbols
placed on movable property for purpose of identification by the
owner or person who has legal custody or right to possession
thereof with the intent to prevent identification, if the person
who alters, removes, or obliterates the numbers or symbols is
not the owner and does not have the permission of the owner to
make the alteration, removal, or obliteration; or
(11) with the intent to prevent the identification of
property involved, so as to deprive the rightful owner of
possession thereof, alters or removes any permanent serial
number, permanent distinguishing number or manufacturer's
identification number on personal property or possesses, sells
or buys any personal property knowing or having reason to know
that the permanent serial number, permanent distinguishing
number or manufacturer's identification number has been removed
or altered; or
(12) intentionally deprives another of a lawful charge for
cable television service by:
(i) making or using or attempting to make or use an
unauthorized external connection outside the individual dwelling
unit whether physical, electrical, acoustical, inductive, or
other connection; or by
(ii) attaching any unauthorized device to any cable, wire,
microwave, or other component of a licensed cable communications
system as defined in chapter 238. Nothing herein shall be
construed to prohibit the electronic video rerecording of
program material transmitted on the cable communications system
by a subscriber for fair use as defined by Public Law 94-553,
section 107; or
(13) except as provided in paragraphs (12) and (14),
obtains the services of another with the intention of receiving
those services without making the agreed or reasonably expected
payment of money or other consideration; or
(14) intentionally deprives another of a lawful charge for
telecommunications service by:
(i) making, using, or attempting to make or use an
unauthorized connection whether physical, electrical, by wire,
microwave, radio, or other means to a component of a local
telecommunication system as provided in chapter 237; or
(ii) attaching an unauthorized device to a cable, wire,
microwave, radio, or other component of a local
telecommunication system as provided in chapter 237.
The existence of an unauthorized connection is prima facie
evidence that the occupier of the premises:
(i) made or was aware of the connection; and
(ii) was aware that the connection was unauthorized; or
(15) with intent to defraud, diverts corporate property
other than in accordance with general business purposes or for
purposes other than those specified in the corporation's
articles of incorporation; or
(16) with intent to defraud, authorizes or causes a
corporation to make a distribution in violation of section
302A.551, or any other state law in conformity with it; or
(17) takes or drives a motor vehicle without the consent of
the owner or an authorized agent of the owner, knowing or having
reason to know that the owner or an authorized agent of the
owner did not give consent.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 32. Minnesota Statutes 2004, section 609.527,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] (a) As used in this section,
the following terms have the meanings given them in this
subdivision.
(b) "Direct victim" means any person or entity described in
section 611A.01, paragraph (b), whose identity has been
transferred, used, or possessed in violation of this section.
(c) "False pretense" means any false, fictitious,
misleading, or fraudulent information or pretense or pretext
depicting or including or deceptively similar to the name, logo,
Web site address, e-mail address, postal address, telephone
number, or any other identifying information of a for-profit or
not-for-profit business or organization or of a government
agency, to which the user has no legitimate claim of right.
(d) "Identity" means any name, number, or data transmission
that may be used, alone or in conjunction with any other
information, to identify a specific individual or entity,
including any of the following:
(1) a name, Social Security number, date of birth, official
government-issued driver's license or identification number,
government passport number, or employer or taxpayer
identification number;
(2) unique electronic identification number, address,
account number, or routing code; or
(3) telecommunication identification information or access
device.
(d) (e) "Indirect victim" means any person or entity
described in section 611A.01, paragraph (b), other than a direct
victim.
(e) (f) "Loss" means value obtained, as defined in section
609.52, subdivision 1, clause (3), and expenses incurred by a
direct or indirect victim as a result of a violation of this
section.
(f) (g) "Unlawful activity" means:
(1) any felony violation of the laws of this state or any
felony violation of a similar law of another state or the United
States; and
(2) any nonfelony violation of the laws of this state
involving theft, theft by swindle, forgery, fraud, or giving
false information to a public official, or any nonfelony
violation of a similar law of another state or the United States.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 33. Minnesota Statutes 2004, 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);
(4) if the offense involves 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,; or if the offense is related to
possession or distribution of pornographic work in violation of
section 617.246 or 617.247; the person may be sentenced as
provided in section 609.52, subdivision 3, clause (1).
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 34. Minnesota Statutes 2004, section 609.527,
subdivision 4, is amended to read:
Subd. 4. [RESTITUTION; ITEMS PROVIDED TO VICTIM.] (a) A
direct or indirect victim of an identity theft crime shall be
considered a victim for all purposes, including any rights that
accrue under chapter 611A and rights to court-ordered
restitution.
(b) The court shall order a person convicted of violating
subdivision 2 to pay restitution of not less than $1,000 to each
direct victim of the offense.
(c) Upon the written request of a direct victim or the
prosecutor setting forth with specificity the facts and
circumstances of the offense in a proposed order, the court
shall provide to the victim, without cost, a certified copy of
the complaint filed in the matter, the judgment of conviction,
and an order setting forth the facts and circumstances of the
offense.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 35. Minnesota Statutes 2004, section 609.527, is
amended by adding a subdivision to read:
Subd. 5a. [CRIME OF ELECTRONIC USE OF FALSE PRETENSE TO
OBTAIN IDENTITY.] (a) A person who, with intent to obtain the
identity of another, uses a false pretense in an e-mail to
another person or in a Web page, electronic communication,
advertisement, or any other communication on the Internet, is
guilty of a crime.
(b) Whoever commits such offense may be sentenced to
imprisonment for not more than five years or to payment of a
fine of not more than $10,000, or both.
(c) In a prosecution under this subdivision, it is not a
defense that:
(1) the person committing the offense did not obtain the
identity of another;
(2) the person committing the offense did not use the
identity; or
(3) the offense did not result in financial loss or any
other loss to any person.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 36. Minnesota Statutes 2004, section 609.527,
subdivision 6, is amended to read:
Subd. 6. [VENUE.] Notwithstanding anything to the contrary
in section 627.01, an offense committed under subdivision 2 or
5a may be prosecuted in:
(1) the county where the offense occurred; or
(2) the county of residence or place of business of the
direct victim or indirect victim; or
(3) in the case of a violation of subdivision 5a, the
county of residence of the person whose identity was obtained or
sought.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 37. Minnesota Statutes 2004, section 609.531,
subdivision 1, is amended to read:
Subdivision 1. [DEFINITIONS.] For the purpose of sections
609.531 to 609.5318, the following terms have the meanings given
them.
(a) "Conveyance device" means a device used for
transportation and includes, but is not limited to, a motor
vehicle, trailer, snowmobile, airplane, and vessel and any
equipment attached to it. The term "conveyance device" does not
include property which is, in fact, itself stolen or taken in
violation of the law.
(b) "Weapon used" means a dangerous weapon as defined under
section 609.02, subdivision 6, that the actor used or had in
possession in furtherance of a crime.
(c) "Property" means property as defined in section 609.52,
subdivision 1, clause (1).
(d) "Contraband" means property which is illegal to possess
under Minnesota law.
(e) "Appropriate agency" means the Bureau of Criminal
Apprehension, the Minnesota Division of Driver and Vehicle
Services, the Minnesota State Patrol, a county sheriff's
department, the Suburban Hennepin Regional Park District park
rangers, the Department of Natural Resources Division of
Enforcement, the University of Minnesota Police Department, or a
city or airport police department.
(f) "Designated offense" includes:
(1) for weapons used: any violation of this chapter,
chapter 152, or chapter 624;
(2) for driver's license or identification card
transactions: any violation of section 171.22; and
(3) for all other purposes: a felony violation of, or a
felony-level attempt or conspiracy to violate, section 325E.17;
325E.18; 609.185; 609.19; 609.195; 609.21; 609.221; 609.222;
609.223; 609.2231; 609.24; 609.245; 609.25; 609.255; 609.282;
609.283; 609.322; 609.342, subdivision 1, clauses (a) to (f);
609.343, subdivision 1, clauses (a) to (f); 609.344, subdivision
1, clauses (a) to (e), and (h) to (j); 609.345, subdivision 1,
clauses (a) to (e), and (h) to (j); 609.352; 609.42; 609.425;
609.466; 609.485; 609.487; 609.52; 609.525; 609.527; 609.528;
609.53; 609.54; 609.551; 609.561; 609.562; 609.563; 609.582;
609.59; 609.595; 609.631; 609.66, subdivision 1e; 609.671,
subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825;
609.86; 609.88; 609.89; 609.893; 609.895; 617.246; 617.247; or a
gross misdemeanor or felony violation of section 609.891 or
624.7181; or any violation of section 609.324.
(g) "Controlled substance" has the meaning given in section
152.01, subdivision 4.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 38. Minnesota Statutes 2004, section 609.5312, is
amended by adding a subdivision to read:
Subd. 1a. [COMPUTERS AND RELATED PROPERTY SUBJECT TO
FORFEITURE.] (a) As used in this subdivision, "property" has the
meaning given in section 609.87, subdivision 6.
(b) When a computer or a component part of a computer is
used or intended for use to commit or facilitate the commission
of a designated offense, the computer and all software, data,
and other property contained in the computer are subject to
forfeiture unless prohibited by the Privacy Protection Act,
United States Code, title 42, sections 2000aa to 2000aa-12, or
other state or federal law.
(c) Regardless of whether a forfeiture action is initiated
following the lawful seizure of a computer and related property,
if the appropriate agency returns hardware, software, data, or
other property to the owner, the agency may charge the owner for
the cost of separating contraband from the computer or other
property returned, including salary and contract costs. The
agency may not charge these costs to an owner of a computer or
related property who was not privy to the act or omission upon
which the seizure was based, or who did not have knowledge of or
consent to the act or omission, if the owner:
(1) requests from the agency copies of specified legitimate
data files and provides sufficient storage media; or
(2) requests the return of a computer or other property
less data storage devices on which contraband resides.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 39. Minnesota Statutes 2004, section 609.5315,
subdivision 1, is amended to read:
Subdivision 1. [DISPOSITION.] (a) Subject to paragraph
(b), if the court finds under section 609.5313, 609.5314, or
609.5318 that the property is subject to forfeiture, it shall
order the appropriate agency to do one of the following:
(1) unless a different disposition is provided under clause
(3) or (4), either destroy firearms, ammunition, and firearm
accessories that the agency decides not to use for law
enforcement purposes under clause (8), or sell them to federally
licensed firearms dealers, as defined in section 624.7161,
subdivision 1, and distribute the proceeds under subdivision
5 or 5b;
(2) sell property that is not required to be destroyed by
law and is not harmful to the public and distribute the proceeds
under subdivision 5 or 5b;
(3) sell antique firearms, as defined in section 624.712,
subdivision 3, to the public and distribute the proceeds under
subdivision 5 or 5b;
(4) destroy or use for law enforcement purposes
semiautomatic military-style assault weapons, as defined in
section 624.712, subdivision 7;
(5) take custody of the property and remove it for
disposition in accordance with law;
(6) forward the property to the federal drug enforcement
administration;
(7) disburse money as provided under subdivision 5 or 5b;
or
(8) keep property other than money for official use by the
agency and the prosecuting agency.
(b) Notwithstanding paragraph (a), the Hennepin or Ramsey
county sheriff may not sell firearms, ammunition, or firearms
accessories if the policy is disapproved by the applicable
county board.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 40. Minnesota Statutes 2004, section 609.5315, is
amended by adding a subdivision to read:
Subd. 5b. [DISPOSITION OF CERTAIN FORFEITED PROCEEDS;
TRAFFICKING OF PERSONS; REPORT REQUIRED.] (a) For forfeitures
resulting from violations of section 609.282, 609.283, or
609.322, the money or proceeds from the sale of forfeited
property, after payment of seizure, storage, forfeiture, and
sale expenses, and satisfaction of valid liens against the
property, must be distributed as follows:
(1) 40 percent of the proceeds must be forwarded to the
appropriate agency for deposit as a supplement to the agency's
operating fund or similar fund for use in law enforcement;
(2) 20 percent of the proceeds must be forwarded to the
county attorney or other prosecuting agency that handled the
forfeiture for deposit as a supplement to its operating fund or
similar fund for prosecutorial purposes; and
(3) the remaining 40 percent of the proceeds must be
forwarded to the commissioner of public safety and are
appropriated to the commissioner for distribution to crime
victims services organizations that provide services to victims
of trafficking offenses.
(b) By February 15 of each year, the commissioner of public
safety shall report to the chairs and ranking minority members
of the senate and house committees or divisions having
jurisdiction over criminal justice funding on the money
collected under paragraph (a), clause (3). The report must
indicate the following relating to the preceding calendar year:
(1) the amount of money appropriated to the commissioner;
(2) how the money was distributed by the commissioner; and
(3) what the organizations that received the money did with
it.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 41. Minnesota Statutes 2004, section 609.605,
subdivision 1, is amended to read:
Subdivision 1. [MISDEMEANOR.] (a) The following terms have
the meanings given them for purposes of this section.
(i) "Premises" means real property and any appurtenant
building or structure.
(ii) "Dwelling" means the building or part of a building
used by an individual as a place of residence on either a
full-time or a part-time basis. A dwelling may be part of a
multidwelling or multipurpose building, or a manufactured home
as defined in section 168.011, subdivision 8.
(iii) "Construction site" means the site of the
construction, alteration, painting, or repair of a building or
structure.
(iv) "Owner or lawful possessor," as used in paragraph (b),
clause (9), means the person on whose behalf a building or
dwelling is being constructed, altered, painted, or repaired and
the general contractor or subcontractor engaged in that work.
(v) "Posted," as used:
(A) in clause (9), means the placement of a sign at least
11 inches square in a conspicuous place on the exterior of the
building that is under construction, alteration, or repair, and
additional signs in at least two conspicuous places for each ten
acres being protected. The sign must carry an appropriate
notice and the name of the person giving the notice, followed by
the word "owner" if the person giving the notice is the holder
of legal title to the land on which the construction site is
located or by the word "occupant" if the person giving the
notice is not the holder of legal title but is a lawful occupant
of the land; and
(B) in clause (10), means the placement of signs that:
(I) state "no trespassing" or similar terms;
(II) display letters at least two inches high;
(III) state that Minnesota law prohibits trespassing on the
property; and
(IV) are posted in a conspicuous place and at intervals of
500 feet or less.
(vi) "Business licensee," as used in paragraph (b), clause
(9), includes a representative of a building trades labor or
management organization.
(vii) "Building" has the meaning given in section 609.581,
subdivision 2.
(b) A person is guilty of a misdemeanor if the person
intentionally:
(1) permits domestic animals or fowls under the actor's
control to go on the land of another within a city;
(2) interferes unlawfully with a monument, sign, or pointer
erected or marked to designate a point of a boundary, line or a
political subdivision, or of a tract of land;
(3) trespasses on the premises of another and, without
claim of right, refuses to depart from the premises on demand of
the lawful possessor;
(4) occupies or enters the dwelling or locked or posted
building of another, without claim of right or consent of the
owner or the consent of one who has the right to give consent,
except in an emergency situation;
(5) enters the premises of another with intent to take or
injure any fruit, fruit trees, or vegetables growing on the
premises, without the permission of the owner or occupant;
(6) enters or is found on the premises of a public or
private cemetery without authorization during hours the cemetery
is posted as closed to the public;
(7) returns to the property of another with the intent to
abuse, disturb, or cause distress in or threaten another, after
being told to leave the property and not to return, if the actor
is without claim of right to the property or consent of one with
authority to consent;
(8) returns to the property of another within 30 days one
year after being told to leave the property and not to return,
if the actor is without claim of right to the property or
consent of one with authority to consent; or
(9) enters the locked or posted construction site of
another without the consent of the owner or lawful possessor,
unless the person is a business licensee; or
(10) enters the locked or posted aggregate mining site of
another without the consent of the owner or lawful possessor,
unless the person is a business licensee.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 42. Minnesota Statutes 2004, section 609.605,
subdivision 4, is amended to read:
Subd. 4. [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a
misdemeanor for a person to enter or be found in a public or
nonpublic elementary, middle, or secondary school building
unless the person:
(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;
(2) has permission or an invitation from a school official
to be in the building;
(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or
(4) has reported the person's presence in the school
building in the manner required for visitors to the school.
(b) It is a misdemeanor for a person to be on the roof of a
public or nonpublic elementary, middle, or secondary school
building unless the person has permission from a school official
to be on the roof of the building.
(c) It is a gross misdemeanor for a group of three or more
persons to enter or be found in a public or nonpublic
elementary, middle, or secondary school building unless one of
the persons:
(1) is an enrolled student in, a parent or guardian of an
enrolled student in, or an employee of the school or school
district;
(2) has permission or an invitation from a school official
to be in the building;
(3) is attending a school event, class, or meeting to which
the person, the public, or a student's family is invited; or
(4) has reported the person's presence in the school
building in the manner required for visitors to the school.
(c) (d) It is a misdemeanor for a person to enter or be
found on school property within six months one year after being
told by the school principal or the principal's designee to
leave the property and not to return, unless the principal or
the principal's designee has given the person permission to
return to the property. As used in this paragraph, "school
property" has the meaning given in section 152.01, subdivision
14a, clauses (1) and (3).
(d) (e) A school principal or a school employee designated
by the school principal to maintain order on school property,
who has reasonable cause to believe that a person is violating
this subdivision may detain the person in a reasonable manner
for a reasonable period of time pending the arrival of a peace
officer. A school principal or designated school employee is
not civilly or criminally liable for any action authorized under
this paragraph if the person's action is based on reasonable
cause.
(e) (f) A peace officer may arrest a person without a
warrant if the officer has probable cause to believe the person
violated this subdivision within the preceding four hours. The
arrest may be made even though the violation did not occur in
the peace officer's presence.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 43. Minnesota Statutes 2004, section 609.746,
subdivision 1, is amended to read:
Subdivision 1. [SURREPTITIOUS INTRUSION; OBSERVATION
DEVICE.] (a) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously gazes, stares, or peeps in the window
or any other aperture of a house or place of dwelling of
another; and
(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.
(b) A person is guilty of a gross misdemeanor who:
(1) enters upon another's property;
(2) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or any other aperture of a
house or place of dwelling of another; and
(3) does so with intent to intrude upon or interfere with
the privacy of a member of the household.
(c) A person is guilty of a gross misdemeanor who:
(1) surreptitiously gazes, stares, or peeps in the window
or other aperture of a sleeping room in a hotel, as defined in
section 327.70, subdivision 3, a tanning booth, or other place
where a reasonable person would have an expectation of privacy
and has exposed or is likely to expose their intimate parts, as
defined in section 609.341, subdivision 5, or the clothing
covering the immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.
(d) A person is guilty of a gross misdemeanor who:
(1) surreptitiously installs or uses any device for
observing, photographing, recording, amplifying, or broadcasting
sounds or events through the window or other aperture of a
sleeping room in a hotel, as defined in section 327.70,
subdivision 3, a tanning booth, or other place where a
reasonable person would have an expectation of privacy and has
exposed or is likely to expose their intimate parts, as defined
in section 609.341, subdivision 5, or the clothing covering the
immediate area of the intimate parts; and
(2) does so with intent to intrude upon or interfere with
the privacy of the occupant.
(e) A person is guilty of a gross misdemeanor felony and
may be sentenced to imprisonment for not more than two years or
to payment of a fine of not more than $5,000, or both, if the
person:
(1) violates this subdivision after a previous conviction
under this subdivision or section 609.749; or
(2) violates this subdivision against a minor under the age
of 16 18, knowing or having reason to know that the minor is
present.
(f) Paragraphs (b) and (d) do not apply to law enforcement
officers or corrections investigators, or to those acting under
their direction, while engaged in the performance of their
lawful duties. Paragraphs (c) and (d) do not apply to conduct
in: (1) a medical facility; or (2) a commercial establishment
if the owner of the establishment has posted conspicuous signs
warning that the premises are under surveillance by the owner or
the owner's employees.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 44. Minnesota Statutes 2004, section 609.748,
subdivision 2, is amended to read:
Subd. 2. [RESTRAINING ORDER; JURISDICTION.] A person who
is a victim of harassment may seek a restraining order from the
district court in the manner provided in this section. The
parent or, guardian, or stepparent of a minor who is a victim of
harassment may seek a restraining order from the district court
on behalf of the minor.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 45. Minnesota Statutes 2004, section 609.748,
subdivision 3a, is amended to read:
Subd. 3a. [FILING FEE; COST OF SERVICE.] The filing fees
for a restraining order under this section are waived for the
petitioner if the petition alleges acts that would constitute a
violation of section 609.749, subdivision 2 or 3, or sections
609.342 to 609.3451. The court administrator and the sheriff of
any county in this state shall perform their duties relating to
service of process without charge to the petitioner. The court
shall direct payment of the reasonable costs of service of
process if served by a private process server when the sheriff
is unavailable or if service is made by publication. The court
may direct a respondent to pay to the court administrator the
petitioner's filing fees and reasonable costs of service of
process if the court determines that the respondent has the
ability to pay the petitioner's fees and costs.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 46. Minnesota Statutes 2004, section 609.749,
subdivision 2, is amended to read:
Subd. 2. [HARASSMENT AND STALKING CRIMES.] (a) A person
who harasses another by committing any of the following acts is
guilty of a gross misdemeanor:
(1) directly or indirectly manifests a purpose or intent to
injure the person, property, or rights of another by the
commission of an unlawful act;
(2) stalks, follows, monitors, or pursues another, whether
in person or through technological or other means;
(3) returns to the property of another if the actor is
without claim of right to the property or consent of one with
authority to consent;
(4) repeatedly makes telephone calls, or induces a victim
to make telephone calls to the actor, whether or not
conversation ensues;
(5) makes or causes the telephone of another repeatedly or
continuously to ring;
(6) repeatedly mails or delivers or causes the delivery by
any means, including electronically, of letters, telegrams,
messages, packages, or other objects; or
(7) knowingly makes false allegations against a peace
officer concerning the officer's performance of official duties
with intent to influence or tamper with the officer's
performance of official duties.
(b) The conduct described in paragraph (a), clauses (4) and
(5), may be prosecuted at the place where any call is either
made or received or, additionally in the case of wireless or
electronic communication, where the actor or victim resides.
The conduct described in paragraph (a), clause (2), may be
prosecuted where the actor or victim resides. The conduct
described in paragraph (a), clause (6), may be prosecuted where
any letter, telegram, message, package, or other object is
either sent or received or, additionally in the case of wireless
or electronic communication, where the actor or victim resides.
(c) A peace officer may not make a warrantless, custodial
arrest of any person for a violation of paragraph (a), clause
(7).
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 47. Minnesota Statutes 2004, section 609.763,
subdivision 3, is amended to read:
Subd. 3. [AGGREGATION; JURISDICTION.] In a prosecution
under this section, the dollar amounts obtained involved in
violation of subdivision 1 within any 12-month period may be
aggregated and the defendant charged accordingly. When two or
more offenses are committed by the same person in two or more
counties, the defendant may be prosecuted in any county in which
one of the offenses was committed for all of the offenses
aggregated under this subdivision.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 48. Minnesota Statutes 2004, section 609.79,
subdivision 2, is amended to read:
Subd. 2. [VENUE.] The offense may be prosecuted either at
the place where the call is made or where it is received or,
additionally in the case of wireless or electronic
communication, where the sender or receiver resides.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 49. Minnesota Statutes 2004, section 609.795, is
amended by adding a subdivision to read:
Subd. 3. [VENUE.] The offense may be prosecuted either at
the place where the letter, telegram, or package is sent or
received or, alternatively in the case of wireless electronic
communication, where the sender or receiver resides.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 50. [609.849] [RAILROAD THAT OBSTRUCTS TREATMENT OF
AN INJURED WORKER.]
(a) It shall be unlawful for a railroad or person employed
by a railroad negligently or intentionally to:
(1) deny, delay, or interfere with medical treatment or
first aid treatment to an employee of a railroad who has been
injured during employment; or
(2) discipline, harass, or intimidate an employee to
discourage the employee from receiving medical attention or
threaten to discipline an employee who has been injured during
employment for requesting medical treatment or first aid
treatment.
(b) Nothing in this section shall deny a railroad company
or railroad employee from making a reasonable inquiry of an
injured employee about the circumstance of an injury in order to
gather information necessary to identify a safety hazard.
(c) It is not a violation under this section for a railroad
company or railroad employee to enforce safety regulations.
(d) A railroad or a person convicted of a violation of
paragraph (a), clause (1) or (2), is guilty of a gross
misdemeanor and may be sentenced to imprisonment for not more
than one year or to payment of a fine of not more than $3,000,
or both.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 51. [609.896] [CRIMINAL USE OF REAL PROPERTY.]
Subdivision 1. [DEFINITIONS.] For the purposes of this
section, the following terms have the meanings given them.
(a) "Audiovisual recording function" means the capability
of a device to record or transmit a motion picture or any part
of a motion picture by means of any technology now known or
later developed.
(b) "Convicted" includes a conviction for a similar offense
under the law of another state or the federal government.
(c) "Motion picture theater" means a movie theater,
screening room, or other venue when used primarily for the
exhibition of a motion picture.
Subd. 2. [CRIME.] (a) Any person in a motion picture
theater while a motion picture is being exhibited who knowingly
operates an audiovisual recording function of a device without
the consent of the owner or lessee of the motion picture theater
is guilty of criminal use of real property.
(b) If a person is convicted of a first offense, it is a
misdemeanor.
(c) If a person is convicted of a second offense, it is a
gross misdemeanor.
(d) If a person is convicted of a third or subsequent
offense, it is a felony and the person may be sentenced to
imprisonment for not more than two years or to payment of a fine
of not more than $4,000, or both.
Subd. 3. [DETAINING SUSPECTS.] An owner or lessee of a
motion picture theater is a merchant for purposes of section
629.366.
Subd. 4. [EXCEPTION.] This section does not prevent any
lawfully authorized investigative, law enforcement protective,
or intelligence gathering employee or agent of the state or
federal government from operating any audiovisual recording
device in a motion picture theater where a motion picture is
being exhibited, as part of lawfully authorized investigative,
law enforcement protective, or intelligence gathering activities.
Subd. 5. [NOT PRECLUDE ALTERNATIVE PROSECUTION.] Nothing
in this section prevents prosecution under any other provision
of law.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 52. Minnesota Statutes 2004, section 628.26, is
amended to read:
628.26 [LIMITATIONS.]
(a) Indictments or complaints for any crime resulting in
the death of the victim may be found or made at any time after
the death of the person killed.
(b) Indictments or complaints for a violation of section
609.25 may be found or made at any time after the commission of
the offense.
(c) Indictments or complaints for violation of section
609.282 may be found or made at any time after the commission of
the offense if the victim was under the age of 18 at the time of
the offense.
(d) Indictments or complaints for violation of section
609.282 where the victim was 18 years of age or older at the
time of the offense, or 609.42, subdivision 1, clause (1) or
(2), shall be found or made and filed in the proper court within
six years after the commission of the offense.
(d) (e) Indictments or complaints for violation of sections
609.342 to 609.345 if the victim was under the age of 18 years
at the time the offense was committed, shall be found or made
and filed in the proper court within nine years after the
commission of the offense or, if the victim failed to report the
offense within this limitation period, within three years after
the offense was reported to law enforcement authorities.
(e) (f) Notwithstanding the limitations in paragraph
(d) (e), indictments or complaints for violation of sections
609.342 to 609.344 may be found or made and filed in the proper
court at any time after commission of the offense, if physical
evidence is collected and preserved that is capable of being
tested for its DNA characteristics. If this evidence is not
collected and preserved and the victim was 18 years old or older
at the time of the offense, the prosecution must be commenced
within nine years after the commission of the offense.
(f) (g) Indictments or complaints for violation of sections
609.466 and 609.52, subdivision 2, clause (3), item (iii), shall
be found or made and filed in the proper court within six years
after the commission of the offense.
(g) (h) Indictments or complaints for violation of section
609.52, subdivision 2, clause (3), items (i) and (ii), (4),
(15), or (16), 609.631, or 609.821, where the value of the
property or services stolen is more than $35,000, shall be found
or made and filed in the proper court within five years after
the commission of the offense.
(h) (i) Except for violations relating to false material
statements, representations or omissions, indictments or
complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the
commission of the offense.
(i) (j) Indictments or complaints for violation of sections
609.561 to 609.563, shall be found or made and filed in the
proper court within five years after the commission of the
offense.
(j) (k) In all other cases, indictments or complaints shall
be found or made and filed in the proper court within three
years after the commission of the offense.
(k) (l) The limitations periods contained in this section
shall exclude any period of time during which the defendant was
not an inhabitant of or usually resident within this state.
(l) (m) The limitations periods contained in this section
for an offense shall not include any period during which the
alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
(m) (n) The limitations periods contained in this section
shall not include any period of time during which physical
evidence relating to the offense was undergoing DNA analysis, as
defined in section 299C.155, unless the defendant demonstrates
that the prosecuting or law enforcement agency purposefully
delayed the DNA analysis process in order to gain an unfair
advantage.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 53. [REPEALER.]
Minnesota Statutes 2004, section 609.725, is repealed.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
ARTICLE 18
DWI AND TRAFFIC SAFETY POLICY
Section 1. Minnesota Statutes 2004, section 169.06, is
amended by adding a subdivision to read:
Subd. 5b. [POSSESSION OF OVERRIDE DEVICE.] (a) For
purposes of this subdivision, "traffic signal-override device"
means a device located in a motor vehicle that permits
activation of a traffic signal-override system described in
subdivision 5a.
(b) No person may operate a motor vehicle that contains a
traffic signal-override device, other than:
(1) an authorized emergency vehicle described in section
169.01, subdivision 5, clause (1), (2), or (3);
(2) a vehicle, including a rail vehicle, engaged in
providing bus rapid transit service or light rail transit
service;
(3) a signal maintenance vehicle of a road authority; or
(4) a vehicle authorized to contain such a device by order
of the commissioner of public safety.
(c) No person may possess a traffic signal-override device,
other than:
(1) a person authorized to operate a vehicle described in
paragraph (b), clauses (1) and (2), but only for use in that
vehicle;
(2) a person authorized by a road authority to perform
signal maintenance, while engaged in such maintenance; or
(3) a person authorized by order of the commissioner of
public safety to possess a traffic signal-override device, but
only to the extent authorized in the order.
(d) A violation of this subdivision is a misdemeanor.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 2. Minnesota Statutes 2004, section 169A.275,
subdivision 1, is amended to read:
Subdivision 1. [SECOND OFFENSE.] (a) The court shall
sentence a person who is convicted of a violation of section
169A.20 (driving while impaired) within ten years of a qualified
prior impaired driving incident to either:
(1) a minimum of 30 days of incarceration, at least 48
hours of which must be served consecutively in a local
correctional facility; or
(2) eight hours of community work service for each day less
than 30 days that the person is ordered to serve in a local
correctional facility.
Notwithstanding section 609.135 (stay of imposition or execution
of sentence), the penalties in this paragraph must be executed,
unless the court departs from the mandatory minimum sentence
under paragraph (b) or (c).
(b) Prior to sentencing, the prosecutor may file a motion
to have a defendant described in paragraph (a) sentenced without
regard to the mandatory minimum sentence established by that
paragraph. The motion must be accompanied by a statement on the
record of the reasons for it. When presented with the
prosecutor's motion and if it finds that substantial mitigating
factors exist, the court shall sentence the defendant without
regard to the mandatory minimum sentence established by
paragraph (a).
(c) The court may, on its own motion, sentence a defendant
described in paragraph (a) without regard to the mandatory
minimum sentence established by that paragraph if it finds that
substantial mitigating factors exist and if its sentencing
departure is accompanied by a statement on the record of the
reasons for it. The court also may sentence the defendant
without regard to the mandatory minimum sentence established by
paragraph (a) if the defendant is sentenced to probation and
ordered to participate in a program established under section
169A.74 (pilot programs of intensive probation for repeat DWI
offenders).
(d) When any portion of the sentence required by paragraph
(a) is not executed, the court should impose a sentence that is
proportional to the extent of the offender's prior criminal and
moving traffic violation record. Any sentence required under
paragraph (a) must include a mandatory sentence that is not
subject to suspension or a stay of imposition or execution, and
that includes incarceration for not less than 48 consecutive
hours or at least 80 hours of community work service.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to crimes committed on or after that date.
Sec. 3. Minnesota Statutes 2004, section 169A.52,
subdivision 4, is amended to read:
Subd. 4. [TEST FAILURE; LICENSE REVOCATION.] (a) Upon
certification by the peace officer that there existed probable
cause to believe the person had been driving, operating, or in
physical control of a motor vehicle in violation of section
169A.20 (driving while impaired) and that the person submitted
to a test and the test results indicate an alcohol concentration
of 0.08 or more or the presence of a controlled substance listed
in schedule I or II, other than marijuana or
tetrahydrocannabinols, then the commissioner shall revoke the
person's license or permit to drive, or nonresident operating
privilege:
(1) for a period of 90 days;
(2) if the person is under the age of 21 years, for a
period of six months;
(3) for a person with a qualified prior impaired driving
incident within the past ten years, for a period of 180 days; or
(4) if the test results indicate an alcohol concentration
of 0.20 or more, for twice the applicable period in clauses (1)
to (3).
(b) On certification by the peace officer that there
existed probable cause to believe the person had been driving,
operating, or in physical control of a commercial motor vehicle
with any presence of alcohol and that the person submitted to a
test and the test results indicated an alcohol concentration of
0.04 or more, the commissioner shall disqualify the person from
operating a commercial motor vehicle under section 171.165
(commercial driver's license disqualification).
(c) If the test is of a person's blood or urine by a
laboratory operated by the Bureau of Criminal Apprehension, or
authorized by the bureau to conduct the analysis of a blood or
urine sample, the laboratory may directly certify to the
commissioner the test results, and the peace officer shall
certify to the commissioner that there existed probable cause to
believe the person had been driving, operating, or in physical
control of a motor vehicle in violation of section 169A.20 and
that the person submitted to a test. Upon receipt of both
certifications, the commissioner shall undertake the license
actions described in paragraphs (a) and (b).
[EFFECTIVE DATE.] This section is effective August 1, 2006,
and applies to blood and urine test samples analyzed on or after
that date.
Sec. 4. Minnesota Statutes 2004, section 169A.53,
subdivision 3, is amended to read:
Subd. 3. [JUDICIAL 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 0.08 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 0.08 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 the day
following final enactment.
Sec. 5. Minnesota Statutes 2004, section 169A.60,
subdivision 10, is amended to read:
Subd. 10. [PETITION FOR JUDICIAL REVIEW.] (a) Within 30
days following receipt of a notice and order of impoundment
under this section, a person may petition the court for review.
The petition must include proof of service of a copy of the
petition on the commissioner. The petition must include the
petitioner's date of birth, driver's license number, and date of
the plate impoundment violation, as well as the name of the
violator and the law enforcement agency that issued the plate
impoundment order. The petition must state with specificity the
grounds upon which the petitioner seeks rescission of the order
for impoundment. The petition may be combined with any petition
filed under section 169A.53 (administrative and judicial review
of license revocation).
(b) Except as otherwise provided in this section, the
judicial review and hearing are governed by section 169A.53 and
must take place at the same time as any judicial review of the
person's license revocation under section 169A.53. The filing
of the petition does not stay the impoundment order. The
reviewing court may order a stay of the balance of the
impoundment period if the hearing has not been conducted within
60 days after filing of the petition upon terms the court deems
proper. The court shall order either that the impoundment be
rescinded or sustained, and forward the order to the
commissioner. The court shall file its order within 14 days
following the hearing.
(c) In addition to the issues described in section 169A.53,
subdivision 3 (judicial review of license revocation), the scope
of a hearing under this subdivision is limited to:
(1) whether the violator owns, is the registered owner of,
possesses, or has access to the vehicle used in the plate
impoundment violation;
(2) whether a member of the violator's household has a
valid driver's license, the violator or registered owner has a
limited license issued under section 171.30, the registered
owner is not the violator, and the registered owner has a valid
or limited driver's license, or a member of the registered
owner's household has a valid driver's license; and
(3) if the impoundment is based on a plate impoundment
violation described in subdivision 1, paragraph (c) (d), clause
(3) or (4), whether the peace officer had probable cause to
believe the violator committed the plate impoundment violation
and whether the evidence demonstrates that the plate impoundment
violation occurred; and
(2) for all other cases, whether the peace officer had
probable cause to believe the violator committed the plate
impoundment violation.
(d) In a hearing under this subdivision, the following
records are admissible in evidence:
(1) certified copies of the violator's driving record; and
(2) certified copies of vehicle registration records
bearing the violator's name.
[EFFECTIVE DATE.] This section is effective August 1, 2005.
Sec. 6. Minnesota Statutes 2004, section 169A.60,
subdivision 11, is amended to read:
Subd. 11. [RESCISSION OF REVOCATION; AND DISMISSAL OR
ACQUITTAL; NEW PLATES.] If:
(1) the driver's license revocation that is the basis for
an impoundment order is rescinded; and
(2) the charges for the plate impoundment violation have
been dismissed with prejudice; or
(3) the violator has been acquitted of the plate
impoundment violation;
then the registrar of motor vehicles shall issue new
registration plates for the vehicle at no cost, when the
registrar receives an application that includes a copy of the
order rescinding the driver's license revocation, and either the
order dismissing the charges, or the judgment of acquittal.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 7. Minnesota Statutes 2004, section 169A.63,
subdivision 8, is amended to read:
Subd. 8. [ADMINISTRATIVE FORFEITURE PROCEDURE.] (a) A
motor vehicle used to commit a designated offense or used in
conduct resulting in a designated license revocation is subject
to administrative forfeiture under this subdivision.
(b) When a motor vehicle is seized under subdivision 2, or
within a reasonable time after seizure, the appropriate agency
shall serve the driver or operator of the vehicle with a notice
of the seizure and intent to forfeit the vehicle. Additionally,
when a motor vehicle is seized under subdivision 2, or within a
reasonable time after that, all persons known to have an
ownership, possessory, or security interest in the vehicle must
be notified of the seizure and the intent to forfeit the
vehicle. For those vehicles required to be registered under
chapter 168, the notification to a person known to have a
security interest in the vehicle is required only if the vehicle
is registered under chapter 168 and the interest is listed on
the vehicle's title. Notice mailed by certified mail to the
address shown in Department of Public Safety records is
sufficient notice to the registered owner of the vehicle. For
motor vehicles not required to be registered under chapter 168,
notice mailed by certified mail to the address shown in the
applicable filing or registration for the vehicle is sufficient
notice to a person known to have an ownership, possessory, or
security interest in the vehicle. Otherwise, notice may be
given in the manner provided by law for service of a summons in
a civil action.
(c) The notice must be in writing and contain:
(1) a description of the vehicle seized;
(2) the date of seizure; and
(3) notice of the right to obtain judicial review of the
forfeiture and of the procedure for obtaining that judicial
review, printed in English, Hmong, and Spanish. Substantially
the following language must appear conspicuously: "IF YOU DO
NOT DEMAND JUDICIAL REVIEW EXACTLY AS PRESCRIBED IN MINNESOTA
STATUTES, SECTION 169A.63, SUBDIVISION 8, YOU LOSE THE RIGHT TO
A JUDICIAL DETERMINATION OF THIS FORFEITURE AND YOU LOSE ANY
RIGHT YOU MAY HAVE TO THE ABOVE-DESCRIBED PROPERTY. YOU MAY NOT
HAVE TO PAY THE FILING FEE FOR THE DEMAND IF DETERMINED YOU ARE
UNABLE TO AFFORD THE FEE. IF THE PROPERTY IS WORTH $7,500 OR
LESS, YOU MAY FILE YOUR CLAIM IN CONCILIATION COURT. YOU DO NOT
HAVE TO PAY THE CONCILIATION COURT FILING FEE IF THE PROPERTY IS
WORTH LESS THAN $500."
(d) Within 30 days following service of a notice of seizure
and forfeiture under this subdivision, a claimant may file a
demand for a judicial determination of the forfeiture. The
demand must be in the form of a civil complaint and must be
filed with the court administrator in the county in which the
seizure occurred, together with proof of service of a copy of
the complaint on the prosecuting authority having jurisdiction
over the forfeiture, and the appropriate agency that initiated
the forfeiture, including the standard filing fee for civil
actions unless the petitioner has the right to sue in forma
pauperis under section 563.01. If the value of the seized
property is $7,500 or less, the claimant may file an action in
conciliation court for recovery of the seized vehicle. A copy
of the conciliation court statement of claim must be served
personally or by mail on the prosecuting authority having
jurisdiction over the forfeiture, as well as on the appropriate
agency that initiated the forfeiture, within 30 days following
service of the notice of seizure and forfeiture under this
subdivision. If the value of the seized property is less than
$500, the claimant does not have to pay the conciliation court
filing fee.
No responsive pleading is required of the prosecuting
authority and no court fees may be charged for the prosecuting
authority's appearance in the matter. The prosecuting authority
may appear for the appropriate agency. Pleadings, filings, and
methods of service are governed by the Rules of Civil Procedure.
(e) The complaint must be captioned in the name of the
claimant as plaintiff and the seized vehicle as defendant, and
must state with specificity the grounds on which the claimant
alleges the vehicle was improperly seized, the claimant's
interest in the vehicle seized, and any affirmative defenses the
claimant may have. Notwithstanding any law to the contrary, an
action for the return of a vehicle seized under this section may
not be maintained by or on behalf of any person who has been
served with a notice of seizure and forfeiture unless the person
has complied with this subdivision.
(f) If the claimant makes a timely demand for a judicial
determination under this subdivision, the forfeiture proceedings
must be conducted as provided under subdivision 9.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to forfeiture actions initiated on or after that
date.
Sec. 8. Minnesota Statutes 2004, section 169A.70,
subdivision 3, is amended to read:
Subd. 3. [ASSESSMENT REPORT.] (a) The assessment report
must be on a form prescribed by the commissioner and shall
contain an evaluation of the convicted defendant concerning the
defendant's prior traffic and criminal record, characteristics
and history of alcohol and chemical use problems, and
amenability to rehabilitation through the alcohol safety
program. The report is classified as private data on
individuals as defined in section 13.02, subdivision 12.
(b) The assessment report must include:
(1) a diagnosis of the nature of the offender's chemical
and alcohol involvement;
(2) an assessment of the severity level of the involvement;
(3) a recommended level of care for the offender in
accordance with the criteria contained in rules adopted by the
commissioner of human services under section 254A.03,
subdivision 3 (chemical dependency treatment rules);
(4) an assessment of the offender's placement needs;
(2) (5) recommendations for other appropriate remedial
action or care, including aftercare services in section 254B.01,
subdivision 3, that may consist of educational programs,
one-on-one counseling, a program or type of treatment that
addresses mental health concerns, or a combination of them; or
and
(3) (6) a specific explanation why no level of care or
action was recommended, if applicable.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
Sec. 9. Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:
Subd. 6. [METHOD OF ASSESSMENT.] (a) As used in this
subdivision, "collateral contact" means an oral or written
communication initiated by an assessor for the purpose of
gathering information from an individual or agency, other than
the offender, to verify or supplement information provided by
the offender during an assessment under this section. The term
includes contacts with family members and criminal justice
agencies.
(b) An assessment conducted under this section must include
at least one personal interview with the offender designed to
make a determination about the extent of the offender's past and
present chemical and alcohol use or abuse. It must also include
collateral contacts and a review of relevant records or reports
regarding the offender including, but not limited to, police
reports, arrest reports, driving records, chemical testing
records, and test refusal records. If the offender has a
probation officer, the officer must be the subject of a
collateral contact under this subdivision. If an assessor is
unable to make collateral contacts, the assessor shall specify
why collateral contacts were not made.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
Sec. 10. Minnesota Statutes 2004, section 169A.70, is
amended by adding a subdivision to read:
Subd. 7. [PRECONVICTION ASSESSMENT.] (a) The court may not
accept a chemical use assessment conducted before conviction as
a substitute for the assessment required by this section unless
the court ensures that the preconviction assessment meets the
standards described in this section.
(b) If the commissioner of public safety is making a
decision regarding reinstating a person's driver's license based
on a chemical use assessment, the commissioner shall ensure that
the assessment meets the standards described in this section.
[EFFECTIVE DATE.] This section is effective August 1, 2005,
and applies to chemical use assessments made on or after that
date.
Sec. 11. Minnesota Statutes 2004, section 171.09, is
amended to read:
171.09 [DRIVING RESTRICTIONS; AUTHORITY, VIOLATIONS.]
Subdivision 1. [AUTHORITY; VIOLATIONS.] (a) The
commissioner shall have the authority, when good cause appears,
to impose restrictions suitable to the licensee's driving
ability or such other restrictions applicable to the licensee as
the commissioner may determine to be appropriate to assure the
safe operation of a motor vehicle by the licensee. The
commissioner may, upon receiving satisfactory evidence of any
violation of the restrictions of the license, suspend or revoke
the license. A license suspension under this section is subject
to section 171.18, subdivisions 2 and 3.
(b) A person who drives, operates, or is in physical
control of a motor vehicle while in violation of the
restrictions imposed in a restricted driver's license issued to
that person under paragraph (a) is guilty of a crime as follows:
(1) if the restriction relates to the possession or
consumption of alcohol or controlled substances, the person is
guilty of a gross misdemeanor; or
(2) if the restriction relates to another matter, the
person is guilty of a misdemeanor.
Subd. 2. [NO-ALCOHOL RESTRICTION.] (a) Upon proper
application by a person having a valid driver's license
containing the restriction that the person must consume no
alcohol and whose driving record contains no impaired driving
incident within the past ten years, the commissioner must issue
to the person a duplicate driver's license that does not show
that restriction. Such issuance of a duplicate license does not
rescind the no-alcohol restriction on the recipient's driving
record. "Impaired driving incident" has the meaning given in
section 169A.03, subdivision 22.
(b) Upon the issuance of a duplicate license to a person
under paragraph (a), the no-alcohol restriction on the person's
driving record is classified as private data on individuals, as
defined in section 13.02, subdivision 12, but may be provided to
requesting law enforcement agencies, probation and parole
agencies, and courts.
[EFFECTIVE DATE.] This section is effective July 1, 2005,
and expires on July 1, 2006.
Sec. 12. Minnesota Statutes 2004, section 171.20,
subdivision 4, is amended to read:
Subd. 4. [REINSTATEMENT FEE.] (a) Before the license is
reinstated, (1) a person whose driver's license has been
suspended under section 171.16, subdivision subdivisions 2 and
3; 171.18, except subdivision 1, clause (10); or 171.182, or who
has been disqualified from holding a commercial driver's license
under section 171.165, and (2) a person whose driver's license
has been suspended under section 171.186 and who is not exempt
from such a fee, must pay a fee of $20.
(b) Before the license is reinstated, a person whose
license has been suspended under sections 169.791 to 169.798
must pay a $20 reinstatement fee.
(c) When fees are collected by a licensing agent appointed
under section 171.061, a handling charge is imposed in the
amount specified under section 171.061, subdivision 4. The
reinstatement fee and surcharge must be deposited in an approved
state depository as directed under section 171.061, subdivision
4.
(d) Reinstatement fees collected under paragraph (a) for
suspensions under sections 171.16, subdivision 3, and 171.18,
subdivision 1, clause (10), shall be deposited in the special
revenue fund and are appropriated to the Peace Officer Standards
and Training Board for peace officer training reimbursement to
local units of government.
(e) A suspension may be rescinded without fee for good
cause.
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 13. Minnesota Statutes 2004, section 171.26, is
amended to read:
171.26 [MONEY CREDITED TO FUNDS.]
All money received under this chapter must be paid into the
state treasury and credited to the trunk highway fund, except as
provided in sections 171.06, subdivision 2a; 171.07, subdivision
11, paragraph (g); 171.12, subdivision 8; 171.20, subdivision 4,
paragraph (d); and 171.29, subdivision 2, paragraph (b).
[EFFECTIVE DATE.] This section is effective July 1, 2005.
Sec. 14. Minnesota Statutes 2004, section 171.30,
subdivision 2a, is amended to read:
Subd. 2a. [OTHER WAITING PERIODS.] Notwithstanding
subdivision 2, a limited license shall not be issued for a
period of:
(1) 15 days, to a person whose license or privilege has
been revoked or suspended for a violation of section 169A.20,
sections 169A.50 to 169A.53, or a statute or ordinance from
another state in conformity with either of those sections;
(2) 90 days, to a person who submitted to testing under
sections 169A.50 to 169A.53 if the person's license or privilege
has been revoked or suspended for a second violation within ten
years or a third or subsequent violation of section 169A.20,
sections 169A.50 to 169A.53, or a statute or ordinance from
another state in conformity with either of those sections;
(3) 180 days, to a person who refused testing under
sections 169A.50 to 169A.53 if the person's license or privilege
has been revoked or suspended for a second violation within ten
years or a third or subsequent violation of sections 169A.20,
169A.50 to 169A.53, or a statute or ordinance from another state
in conformity with either of those sections; or
(4) one year, to a person whose license or privilege has
been revoked or suspended for committing manslaughter resulting
from the operation of a motor vehicle, committing criminal
vehicular homicide or injury under section 609.21, or violating
a statute or ordinance from another state in conformity with
either of those offenses.
Sec. 15. [STATEWIDE DWI TASK FORCE STUDY; DRIVER'S LICENSE
SANCTIONS.]
The Statewide DWI Task Force is requested to review and
make recommendations on issues related to the "no-alcohol"
restriction on a driver's license, commonly known as the
"B-Card" license, including whether the restriction should be
removed after a ten-year or greater period of compliance,
whether the restrictions should remain on the driver's record
but not on the actual driver's license, and any other related
issues. The task force may consult with knowledgeable parties
when conducting the review. If the DWI Task Force completes the
review, it is requested to submit its recommendations to the
chairs and ranking minority members of the senate and house
committees having jurisdiction over criminal justice policy by
January 15, 2006.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Sec. 16. [REPEALER.]
Laws 2004, chapter 283, section 14, is repealed.
[EFFECTIVE DATE.] This section is effective the day
following final enactment.
Presented to the governor May 31, 2005
Signed by the governor June 2, 2005, 3:20 p.m.
Official Publication of the State of Minnesota
Revisor of Statutes