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

CHAPTER 52--S.F.No. 2909

An act

relating to state government; providing law for judiciary, public safety, crime, sentencing, evidence, courts, law enforcement, firearms, controlled substances, corrections, clemency, expungement, rehabilitation and reinvestment, civil law, community supervision, supervised release, and human rights; providing for rulemaking; providing for reports; providing for criminal and civil penalties; appropriating money for judiciary, Guardian ad Litem Board, Uniform Laws Commission, Board on Judicial Standards, human rights, sentencing guidelines, public safety, fire marshal, Office of Justice programs, emergency communication, Peace Officer Standards and Training Board, Private Detective Board, corrections, Ombudsperson for Corrections, Board of Public Defense, juvenile justice, and law enforcement education and training;

amending Minnesota Statutes 2022, sections 13.072, subdivision 1; 13.32, subdivisions 3, 5; 13.643, subdivision 6; 13.72, subdivision 19, by adding a subdivision; 13.825, subdivisions 2, 3; 13.871, subdivisions 8, 14; 13A.02, subdivisions 1, 2; 15.0597, subdivisions 1, 4, 5, 6; 51A.14; 82B.195, subdivision 3; 121A.28; 144.6586, subdivision 2; 145.4712; 145A.061, subdivision 3; 146A.08, subdivision 1; 151.01, by adding a subdivision; 151.40, subdivisions 1, 2; 152.01, subdivisions 12a, 18, by adding a subdivision; 152.02, subdivisions 2, 3, 5, 6; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivision 2; 152.025, subdivision 2; 152.093; 152.18, subdivision 1; 152.205; 168B.07, subdivision 3, by adding subdivisions; 169A.276, subdivision 1; 169A.40, subdivision 3; 169A.41, subdivisions 1, 2; 169A.44; 169A.60, subdivision 2; 169A.63, subdivision 8; 171.306, by adding a subdivision; 181.981, subdivision 1; 214.10, subdivision 10; 241.01, subdivision 3a; 241.021, subdivisions 1d, 2a, 2b, by adding a subdivision; 241.025, subdivisions 1, 2, 3; 241.90; 242.18; 243.05, subdivision 1; 243.1606; 243.166, subdivision 1b; 243.58; 244.03; 244.05, subdivisions 1b, 3, 4, 5, 6, 8, by adding subdivisions; 244.0513, subdivisions 2, 4; 244.09, subdivisions 2, 3, by adding a subdivision; 244.101, subdivision 1; 244.17, subdivision 3; 244.171, subdivision 4; 244.172, subdivision 1; 244.18; 244.19; 244.195; 244.197; 244.198; 244.199; 244.1995; 244.20; 244.21; 244.24; 245C.08, subdivisions 1, 2; 245C.15, subdivisions 1, 2, 4a; 245C.24, subdivision 3; 245I.12, subdivision 1; 253B.02, subdivision 4e; 253D.02, subdivision 8; 256I.04, subdivision 2g; 259.11; 259.13, subdivisions 1, 5; 260.515; 260B.171, subdivision 3; 260B.176, by adding a subdivision; 297I.06, subdivision 1; 299A.296; 299A.38; 299A.41, subdivisions 3, 4, by adding a subdivision; 299A.48; 299A.49; 299A.50; 299A.51; 299A.52; 299A.642, subdivision 15; 299A.73, by adding a subdivision; 299A.783, subdivision 1; 299A.85, subdivision 6; 299C.063; 299C.10, subdivision 1; 299C.105, subdivision 1; 299C.106, subdivision 3; 299C.11, subdivisions 1, 3; 299C.111; 299C.17; 299C.46, subdivision 1; 299C.53, subdivision 3; 299C.65, subdivisions 1a, 3a; 299C.67, subdivision 2; 299F.362; 299F.46, subdivision 1; 299F.50, by adding subdivisions; 299F.51, subdivisions 1, 2, 5, by adding a subdivision; 325F.70, by adding a subdivision; 325F.992, subdivision 3; 326.32, subdivision 10; 326.3311; 326.336, subdivision 2; 326.3361, subdivision 2; 326.3381, subdivision 3; 326.3387, subdivision 1; 336.9-601; 351.01, subdivision 2; 357.021, subdivision 2; 363A.02, subdivision 1; 363A.03, subdivisions 23, 44, by adding a subdivision; 363A.04; 363A.06, subdivision 1; 363A.07, subdivision 2; 363A.08, subdivisions 1, 2, 3, 4, by adding a subdivision; 363A.09, subdivisions 1, 2, 3, 4; 363A.11, subdivisions 1, 2; 363A.12, subdivision 1; 363A.13, subdivisions 1, 2, 3, 4; 363A.15; 363A.16, subdivision 1; 363A.17; 363A.21, subdivision 1; 364.021; 364.06, subdivision 1; 401.01; 401.02; 401.025; 401.03; 401.04; 401.05, subdivision 1; 401.06; 401.08; 401.09; 401.10; 401.11; 401.12; 401.14; 401.15; 401.16; 473.387, subdivision 4; 484.014, subdivisions 2, 3; 484.85; 504B.135; 504B.161, subdivision 1; 504B.171, by adding a subdivision; 504B.172; 504B.178, subdivision 4; 504B.211, subdivisions 2, 6; 504B.285, subdivision 5; 504B.291, subdivision 1; 504B.301; 504B.321; 504B.331; 504B.335; 504B.345, subdivision 1, by adding a subdivision; 504B.361, subdivision 1; 504B.371, subdivisions 3, 4, 5, 7; 504B.375, subdivision 1; 504B.381, subdivisions 1, 5, by adding a subdivision; 507.07; 508.52; 517.04; 517.08, subdivisions 1a, 1b; 518.191, subdivisions 1, 3; 541.023, subdivision 6; 550.365, subdivision 2; 559.209, subdivision 2; 573.01; 573.02, subdivisions 1, 2; 582.039, subdivision 2; 583.25; 583.26, subdivision 2; 600.23; 609.02, subdivisions 2, 16; 609.03; 609.05, by adding a subdivision; 609.066, subdivision 2; 609.102; 609.105, subdivisions 1, 3; 609.1055; 609.106, subdivision 2, by adding a subdivision; 609.1095, subdivision 1; 609.11, subdivision 9; 609.135, subdivisions 1a, 1c, 2; 609.14, subdivision 1, by adding a subdivision; 609.185; 609.2231, subdivision 4; 609.2233; 609.25, subdivision 2; 609.2661; 609.269; 609.341, subdivision 22; 609.3455, subdivisions 2, 5; 609.35; 609.52, subdivision 3; 609.526, subdivision 2; 609.527, subdivision 1, by adding a subdivision; 609.531, subdivision 1; 609.5314, subdivision 3; 609.582, subdivisions 3, 4; 609.595, subdivisions 1a, 2; 609.631, subdivision 4; 609.632, subdivision 4; 609.67, subdivisions 1, 2; 609.746, subdivision 1; 609.749, subdivision 3; 609.78, subdivision 2a; 609.821, subdivision 3; 609.87, by adding a subdivision; 609.89; 609A.01; 609A.02, subdivision 3; 609A.03, subdivisions 5, 7a, 9; 609B.161; 611.215, subdivision 1; 611.23; 611.58, as amended; 611A.03, subdivision 1; 611A.031; 611A.033; 611A.036, subdivision 7; 611A.039, subdivision 1; 611A.08, subdivision 6; 611A.211, subdivision 1; 611A.31, subdivisions 2, 3, by adding a subdivision; 611A.32; 611A.51; 611A.52, subdivisions 3, 4, 5; 611A.53; 611A.54; 611A.55; 611A.56; 611A.57, subdivisions 5, 6; 611A.60; 611A.61; 611A.612; 611A.66; 611A.68, subdivisions 2a, 4, 4b, 4c; 617.22; 617.26; 624.712, subdivision 5; 624.713, subdivision 1; 624.7131; 624.7132; 626.14, subdivisions 2, 3, by adding a subdivision; 626.15; 626.21; 626.5531, subdivision 1; 626.843, by adding a subdivision; 626.8432, subdivision 1; 626.8451, subdivision 1; 626.8452, by adding subdivisions; 626.8457, by adding subdivisions; 626.8469, subdivision 1; 626.8473, subdivision 3; 626.87, subdivisions 2, 3, 5, by adding a subdivision; 626.89, subdivision 17; 626.90, subdivision 2; 626.91, subdivisions 2, 4; 626.92, subdivisions 2, 3; 626.93, subdivisions 3, 4; 626A.05, subdivision 2; 626A.35, by adding a subdivision; 628.26; 629.292, subdivision 2; 629.341, subdivisions 3, 4; 629.361; 629.72, subdivision 6; 638.01; 641.15, subdivision 2; 641.155; Laws 1961, chapter 108, section 1, as amended; Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3; Laws 2022, chapter 99, article 1, section 50; article 3, section 1, as amended; proposing coding for new law in Minnesota Statutes, chapters 13; 145; 241; 243; 244; 259; 260C; 299A; 299C; 401; 484; 504B; 573; 609; 609A; 624; 626; 638; 641; repealing Minnesota Statutes 2022, sections 152.092; 241.272; 244.14; 244.15; 244.196; 244.22; 244.32; 299C.80, subdivision 7; 346.02; 363A.20, subdivision 3; 363A.27; 401.07; 504B.305; 504B.341; 518B.02, subdivision 3; 582.14; 609.293, subdivisions 1, 5; 609.34; 609.36; 617.20; 617.201; 617.202; 617.21; 617.28; 617.29; 626.93, subdivision 7; 638.02; 638.03; 638.04; 638.05; 638.06; 638.07; 638.075; 638.08.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

ARTICLE 1

JUDICIARY APPROPRIATIONS

Section 1.

new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium" is fiscal years 2024 and 2025. new text end

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2024 new text end new text begin 2025 new text end

Sec. 2.

new text begin SUPREME COURT new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 80,141,000 new text end new text begin $ new text end new text begin 82,624,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin Supreme Court Operations new text end

new text begin 46,581,000 new text end new text begin 49,064,000 new text end

new text begin (a) new text end new text begin Contingent Account new text end

new text begin $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. new text end

new text begin (b) Justices' Compensation new text end

new text begin Justices' compensation is increased by eight percent in the first year and four percent in the second year. new text end

new text begin Subd. 3. new text end

new text begin Civil Legal Services new text end

new text begin 33,560,000 new text end new text begin 33,560,000 new text end

new text begin The general fund base is $34,167,000 beginning in fiscal year 2026. new text end

new text begin Legal Services to Low-Income Clients in Family Law Matters new text end

new text begin $1,017,000 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 program 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. new text end

Sec. 3.

new text begin COURT OF APPEALS new text end

new text begin $ new text end new text begin 14,559,000 new text end new text begin $ new text end new text begin 15,259,000 new text end

new text begin Judges' Compensation new text end

new text begin Judges' compensation is increased by eight percent in the first year and four percent in the second year. new text end

Sec. 4.

new text begin DISTRICT COURTS new text end

new text begin $ new text end new text begin 370,910,000 new text end new text begin $ new text end new text begin 381,590,000 new text end

new text begin (a) Judges' Compensation new text end

new text begin Judges' compensation is increased by eight percent in the first year and four percent in the second year. new text end

new text begin (b) Court Case Backlog new text end

new text begin $4,200,000 the first year is to address the court case backlog. new text end

new text begin (c) Mandated Psychological Services new text end

new text begin $1,500,000 each year is for mandated psychological services. This is a onetime appropriation. new text end

new text begin (d) New Treatment Courts new text end

new text begin $422,000 each year is to fund four new treatment courts. new text end

new text begin (e) Courtroom Technology Enhancements new text end

new text begin $7,400,000 the first year is for courtroom technology enhancements. new text end

new text begin (f) Law Clerk Salary new text end

new text begin $2,033,000 each year is to increase district court law clerks' salaries. Notwithstanding Minnesota Statutes, section 16A.285, the court must not transfer this appropriation. new text end

new text begin (g) Interpreter Pay new text end

new text begin $200,000 each year is to fund the increase in the hourly fee paid to contract interpreters. new text end

new text begin (h) Extreme Risk Protection Orders new text end

new text begin $91,000 the first year and $182,000 the second year are to implement the provisions of article 14. new text end

Sec. 5.

new text begin GUARDIAN AD LITEM BOARD new text end

new text begin $ new text end new text begin 24,358,000 new text end new text begin $ new text end new text begin 25,620,000 new text end

Sec. 6.

new text begin TAX COURT new text end

new text begin $ new text end new text begin 2,133,000 new text end new text begin $ new text end new text begin 2,268,000 new text end

Sec. 7.

new text begin UNIFORM LAWS COMMISSION new text end

new text begin $ new text end new text begin 115,000 new text end new text begin $ new text end new text begin 115,000 new text end

Sec. 8.

new text begin BOARD ON JUDICIAL STANDARDS new text end

new text begin $ new text end new text begin 655,000 new text end new text begin $ new text end new text begin 645,000 new text end

new text begin (a) Availability of Appropriation new text end

new text begin If the appropriation for either year is insufficient, the appropriation for the other fiscal year is available. new text end

new text begin (b) Major Disciplinary Actions new text end

new text begin $125,000 each year is for special investigative and hearing costs for major disciplinary actions undertaken by the board. This appropriation does not cancel. Any unencumbered and unspent balances remain available for these expenditures through June 30, 2027. new text end

Sec. 9.

new text begin BOARD OF PUBLIC DEFENSE new text end

new text begin $ new text end new text begin 154,884,000 new text end new text begin $ new text end new text begin 164,360,000 new text end

Sec. 10.

new text begin HUMAN RIGHTS new text end

new text begin $ new text end new text begin 8,048,000 new text end new text begin $ new text end new text begin 8,429,000 new text end

new text begin The general fund base is $8,909,000 beginning in fiscal year 2026. new text end

new text begin (a) Civil Rights Enforcement new text end

new text begin $1,500,000 each year is for increased civil rights enforcement. The base for this appropriation is $2,000,000 in fiscal year 2026 and thereafter. new text end

new text begin (b) Mediator Payments new text end

new text begin $20,000 each year is to fund payments to mediators. This appropriation is onetime and is available through June 30, 2027. new text end

new text begin (c) Report on Civil Rights Trends new text end

new text begin $395,000 the first year and $250,000 the second year are to analyze and report on civil rights trends in Minnesota. new text end

Sec. 11.

new text begin OFFICE OF APPELLATE COUNSEL AND TRAINING new text end

new text begin $ new text end new text begin 659,000 new text end new text begin $ new text end new text begin 1,560,000 new text end

new text begin Establishment and Operations new text end

new text begin $659,000 the first year and $1,560,000 the second year are for establishment and operation of the Statewide Office of Appellate Counsel and Training as described in Minnesota Statutes, section 260C.419, and to provide support for the State Board of Appellate Counsel and Training. new text end

Sec. 12.

new text begin DEPARTMENT OF HUMAN SERVICES new text end

new text begin $ new text end new text begin 1,500,000 new text end new text begin $ new text end new text begin -0- new text end

new text begin Child Advocacy Center new text end

new text begin $1,500,000 the first year is for a grant to First Witness Child Advocacy Center for the acquisition and improvement of properties located at 1402, 1406, and 1412 East 2nd Street in the city of Duluth. This appropriation includes money for demolition of the building located at 1412 East 2nd Street and construction of a parking lot, and for renovation, furnishing, and equipping of the buildings located at 1402 and 1406 East 2nd Street as a training center and a child advocacy center. These funds are available until June 30, 2027. new text end

Sec. 13.

Minnesota Statutes 2022, section 611.58, as amended by Laws 2023, chapter 14, section 34, is amended to read:

611.58 COMPETENCY ATTAINMENT CURRICULUM AND CERTIFICATION.

Subdivision 1.

Curriculum.

(a) By deleted text begin Januarydeleted text end new text begin Octobernew text end 1, 2023, the board must recommend a competency attainment curriculum to educate and assist defendants found incompetent in attaining the ability to:

(1) rationally consult with counsel;

(2) understand the proceedings; and

(3) participate in the defense.

(b) The curriculum must be flexible enough to be delivered in community and correctional settings by individuals with various levels of education and qualifications, including but not limited to professionals in criminal justice, health care, mental health care, and social services. The board must review and update the curriculum as needed.

Subd. 2.

Certification and distribution.

By deleted text begin Januarydeleted text end new text begin Octobernew text end 1, 2023, the board must develop a process for certifying individuals to deliver the competency attainment curriculum and make the curriculum available to every competency attainment program and forensic navigator in the state. Each competency attainment program in the state must use the competency attainment curriculum under this section as the foundation for delivering competency attainment education and must not substantially alter the content.

Sec. 14.

Laws 2022, chapter 99, article 1, section 50, is amended to read:

Sec. 50.

EFFECTIVE DATE.

Sections 26 to 37 are effective deleted text begin Julydeleted text end new text begin Aprilnew text end 1, deleted text begin 2023deleted text end new text begin 2024new text end , and apply to competency determinations initiated on or after that date.

Sec. 15.

Laws 2022, chapter 99, article 3, section 1, as amended by Laws 2023, chapter 14, section 36, is amended to read:

Section 1.

APPROPRIATION BASE ESTABLISHED; COMPETENCY ATTAINMENT.

Subdivision 1.

Department of Corrections.

The general fund appropriation base for the commissioner of corrections is $202,000 in fiscal year 2024 and $202,000 in fiscal year 2025 for correctional facilities inspectors.

Subd. 2.

District courts.

The general fund appropriation base for the district courts is deleted text begin $5,042,000deleted text end new text begin $1,500,000new text end in fiscal year 2024 and $5,042,000 in fiscal year 2025 for costs associated with additional competency examination costs.

Subd. 3.

State Competency Attainment Board.

The general fund appropriation base for the State Competency Attainment Board is deleted text begin $11,350,000deleted text end new text begin $3,515,000new text end in fiscal year 2024 and $10,900,000 in fiscal year 2025 for staffing and other costs needed to establish and perform the duties of the State Competency Attainment Board, including providing educational services necessary to assist defendants in attaining competency, or contracting or partnering with other organizations to provide those services.

ARTICLE 2

PUBLIC SAFETY APPROPRIATIONS

Section 1.

new text begin APPROPRIATIONS. new text end

new text begin The sums shown in the columns marked "Appropriations" are appropriated to the agencies and for the purposes specified in this article. The appropriations are from the general fund, or another named fund, and are available for the fiscal years indicated for each purpose. The figures "2024" and "2025" used in this article mean that the appropriations listed under them are available for the fiscal year ending June 30, 2024, or June 30, 2025, respectively. "The first year" is fiscal year 2024. "The second year" is fiscal year 2025. "The biennium" is fiscal years 2024 and 2025. Appropriations for the fiscal year ending June 30, 2023, are effective the day following final enactment. new text end

new text begin APPROPRIATIONS new text end
new text begin Available for the Year new text end
new text begin Ending June 30 new text end
new text begin 2023 new text end new text begin 2024 new text end new text begin 2025 new text end

Sec. 2.

new text begin SENTENCING GUIDELINES new text end

new text begin $ new text end new text begin 1,549,000 new text end new text begin $ new text end new text begin 1,488,000 new text end

new text begin (a) Analysis of Sentencing-Related Data new text end

new text begin $125,000 the first year and $124,000 the second year are to expand analysis of sentencing-related data. new text end

new text begin (b) Small Agency Resource Team (SmART) new text end

new text begin $50,000 each year is for the commission's accounting, budgeting, and human resources to be provided by the Department of Administration's small agency resource team. new text end

new text begin (c) Court Information System Integration new text end

new text begin $340,000 the first year and $348,000 the second year are to fully integrate the Sentencing Guidelines information systems with the Minnesota Criminal Information System (MNCIS). The base for this appropriation is $78,000 beginning in fiscal year 2026. new text end

new text begin (d) Comprehensive Review of the Guidelines new text end

new text begin $243,000 the first year and $147,000 the second year are to begin a comprehensive review of the Sentencing Guidelines. This is a onetime appropriation. new text end

Sec. 3.

new text begin PUBLIC SAFETY new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 1,000,000 new text end new text begin $ new text end new text begin 333,079,000 new text end new text begin $ new text end new text begin 292,622,000 new text end
new text begin Appropriations by Fund new text end
new text begin 2023 new text end new text begin 2024 new text end new text begin 2025 new text end
new text begin General new text end new text begin 1,000,000 new text end new text begin 235,025,000 new text end new text begin 201,039,000 new text end
new text begin Special Revenue new text end new text begin 20,074,000 new text end new text begin 20,327,000 new text end
new text begin State Government Special Revenue new text end new text begin 103,000 new text end new text begin 103,000 new text end
new text begin Environmental new text end new text begin 119,000 new text end new text begin 127,000 new text end
new text begin Trunk Highway new text end new text begin 2,429,000 new text end new text begin 2,429,000 new text end
new text begin 911 Fund new text end new text begin 75,329,000 new text end new text begin 68,597,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin Public Safety Administration new text end

new text begin 1,000,000 new text end new text begin 2,250,000 new text end new text begin 2,000,000 new text end

new text begin (a) Public Safety Officer Survivor Benefits new text end

new text begin $1,000,000 in fiscal year 2023, $1,000,000 in fiscal year 2024, and $1,000,000 in fiscal year 2025 are for payment of public safety officer survivor benefits under Minnesota Statutes, section 299A.44. If the appropriation for either year is insufficient, the appropriation for the other year is available. new text end

new text begin (b) Soft Body Armor Reimbursements new text end

new text begin $1,000,000 each year is for increases in the base appropriation for soft body armor reimbursements under Minnesota Statutes, section 299A.38. This is a onetime appropriation. new text end

new text begin (c) Firearm Storage Grants new text end

new text begin $250,000 the first year is for grants to local or state law enforcement agencies to support the safe and secure storage of firearms owned by persons subject to extreme risk protection orders. The commissioner must apply for a grant from the Byrne State Crisis Intervention Program to supplement the funds appropriated by the legislature for implementation of Minnesota Statutes, sections 624.7171 to 624.7178 and 626.8481. Of the federal funds received, the commissioner must dedicate at least an amount that is equal to this appropriation to fund safe and secure firearms storage grants provided for under this paragraph. new text end

new text begin Subd. 3. new text end

new text begin Emergency Management new text end

new text begin 7,330,000 new text end new text begin 4,417,000 new text end
new text begin Appropriations by Fund new text end
new text begin General new text end new text begin 7,211,000 new text end new text begin 4,290,000 new text end
new text begin Environmental new text end new text begin 119,000 new text end new text begin 127,000 new text end

new text begin (a) Supplemental Nonprofit Security Grants new text end

new text begin $250,000 each year is for supplemental nonprofit security grants under this paragraph. This appropriation is onetime. new text end

new text begin Nonprofit organizations whose applications for funding through the Federal Emergency Management Agency's nonprofit security grant program have been approved by the Division of Homeland Security and Emergency Management are eligible for grants under this paragraph. No additional application shall be required for grants under this paragraph, and an application for a grant from the federal program is also an application for funding from the state supplemental program. new text end

new text begin Eligible organizations may receive grants of up to $75,000, except that the total received by any individual from both the federal nonprofit security grant program and the state supplemental nonprofit security grant program shall not exceed $75,000. Grants shall be awarded in an order consistent with the ranking given to applicants for the federal nonprofit security grant program. No grants under the state supplemental nonprofit security grant program shall be awarded until the announcement of the recipients and the amount of the grants awarded under the federal nonprofit security grant program. This is a onetime appropriation. new text end

new text begin (b) Emergency Preparedness Staff new text end

new text begin $550,000 each year is for additional emergency preparedness staff members. new text end

new text begin (c) Lake Superior Chippewa Tribal Emergency Management Coordinator new text end

new text begin $145,000 each year is for a grant to the Grand Portage Band of Lake Superior Chippewa to establish and maintain a Tribal emergency management coordinator under Minnesota Statutes, section 12.25. new text end

new text begin (d) Grand Portage Band of Lake Superior Chippewa Tribe Coast Guard Services new text end

new text begin $3,000,000 the first year is for a grant to the Grand Portage Band of Lake Superior Chippewa to purchase equipment and fund a position for coast guard services off the north shore of Lake Superior. new text end

new text begin Subd. 4. new text end

new text begin Criminal Apprehension new text end

new text begin 123,122,000 new text end new text begin 106,870,000 new text end
new text begin Appropriations by Fund new text end
new text begin General new text end new text begin 120,686,000 new text end new text begin 104,434,000 new text end
new text begin State Government Special Revenue new text end new text begin 7,000 new text end new text begin 7,000 new text end
new text begin Trunk Highway new text end new text begin 2,429,000 new text end new text begin 2,429,000 new text end

new text begin The annual base from the general fund is $104,303,000 beginning in fiscal year 2026. new text end

new text begin (a) new text end new text begin DWI Lab Analysis; Trunk Highway Fund new text end

new text begin Notwithstanding Minnesota Statutes, section 161.20, subdivision 3, $2,429,000 the first year and $2,429,000 the second year are from the trunk highway fund for staff and operating costs for laboratory analysis related to driving-while-impaired cases. new text end

new text begin (b) Use of Force Investigations new text end

new text begin $4,419,000 each year is for operation of the independent Use of Force Investigations Unit pursuant to Minnesota Statutes, section 299C.80. new text end

new text begin (c) FBI Compliance, Critical IT Infrastructure, and Cybersecurity Upgrades new text end

new text begin $10,550,000 the first year and $2,737,000 the second year are for cybersecurity investments, critical infrastructure upgrades, and Federal Bureau of Investigation audit compliance. This appropriation is available through June 30, 2027. new text end

new text begin (d) Expungement-Related Costs new text end

new text begin $3,737,000 the first year and $190,000 the second year are for costs associated with the changes to expungement law made in this act. new text end

new text begin (e) Violent Crime Reduction Strategy new text end

new text begin $9,325,000 each year is for violent crime reduction, including forensics, and analytical and operational support. new text end

new text begin (f) Investigative Partnerships new text end

new text begin $6,000,000 the first year is to fund partnerships among local, state, and federal agencies. This appropriation is available until June 30, 2027. new text end

new text begin (g) Firearm Eligibility Background Checks new text end

new text begin $70,000 the first year is to purchase and integrate information technology hardware and software necessary to process additional firearms eligibility background checks. new text end

new text begin (h) Human Trafficking Task Force new text end

new text begin $1,800,000 each year is for staff and operating costs to support the Bureau of Criminal Apprehension-led Minnesota Human Trafficking Investigator's Task Force. new text end

new text begin (i) Report on Fusion Center Activities new text end

new text begin $115,000 each year is for the report required under Minnesota Statutes, section 299C.055. This is a onetime appropriation. new text end

new text begin (j) Decrease Forensic Evidence Turnaround new text end

new text begin $4,500,000 the first year and $3,500,000 the second year are to decrease turnaround times for forensic processing of evidence in criminal investigations for state and local law enforcement partners. new text end

new text begin Additional staff and supplies funded under this provision are intended, among other purposes, to reduce the backlog in sexual assault examination kit testing, to prevent the development of any future backlogs in testing sexual assault examination kits, and to provide survivors access to the status of the testing of their exam kits via the relevant exam testing tracking systems. By January 1, 2025, and each year thereafter, the commissioner must submit a report to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over public safety finance and policy on the use of these funds in the previous fiscal year. The report must: (1) include the data necessary to understand sexual assault examination kit testing times; and (2) identify the barriers to testing all sexual assault examination kits within 90 days of receipt by the laboratory in the preceding year and in the upcoming year. new text end

new text begin Subd. 5. new text end

new text begin Fire Marshal new text end

new text begin 17,013,000 new text end new text begin 17,272,000 new text end
new text begin Appropriations by Fund new text end
new text begin General new text end new text begin 4,184,000 new text end new text begin 4,190,000 new text end
new text begin Special Revenue new text end new text begin 12,829,000 new text end new text begin 13,082,000 new text end

new text begin The special revenue fund appropriation is from the fire safety account in the special revenue fund and is for activities under Minnesota Statutes, section 299F.012. The base appropriation for this account is $13,182,000 in fiscal year 2026 and $13,082,000 in fiscal year 2027. new text end

new text begin (a) Hazardous Materials and Emergency Response Teams new text end

new text begin $1,695,000 the first year and $1,595,000 the second year are from the fire safety account for hazardous materials and emergency response teams. The base for these purposes is $1,695,000 in the first year of future biennia and $1,595,000 in the second year of future biennia. new text end

new text begin (b) Bomb Squad Reimbursements new text end

new text begin $250,000 from the fire safety account and $50,000 from the general fund each year are for reimbursements to local governments for bomb squad services. new text end

new text begin (c) Nonresponsible Party Reimbursements new text end

new text begin $750,000 each year from the fire safety account is for nonresponsible party hazardous material and bomb squad incident reimbursements. Money appropriated for this purpose is available for one year. new text end

new text begin (d) Hometown Heroes Assistance Program new text end

new text begin $4,000,000 each year from the general fund is for grants to the Minnesota Firefighter Initiative to fund the hometown heroes assistance program established in Minnesota Statutes, section 299A.477. new text end

new text begin Subd. 6. new text end

new text begin Firefighter Training and Education Board new text end

new text begin 7,175,000 new text end new text begin 7,175,000 new text end
new text begin Appropriations by Fund new text end
new text begin Special Revenue new text end new text begin 7,175,000 new text end new text begin 7,175,000 new text end

new text begin The special revenue fund appropriation is from the fire safety account in the special revenue fund and is for activities under Minnesota Statutes, section 299F.012. new text end

new text begin (a) Firefighter Training and Education new text end

new text begin $5,500,000 each year from the fire safety account is for firefighter training and education. new text end

new text begin (b) Task Force 1 new text end

new text begin $1,125,000 each year is for the Minnesota Task Force 1. new text end

new text begin (c) Task Force 2 new text end

new text begin $200,000 each year is for Minnesota Task Force 2. new text end

new text begin (d) Air Rescue new text end

new text begin $350,000 each year is for the Minnesota Air Rescue Team. new text end

new text begin (e) Unappropriated Revenue new text end

new text begin Any additional unappropriated money collected in fiscal year 2023 is appropriated to the commissioner of public safety for the purposes of Minnesota Statutes, section 299F.012. The commissioner may transfer appropriations and base amounts between activities in this subdivision. new text end

new text begin Subd. 7. new text end

new text begin Alcohol and Gambling Enforcement new text end

new text begin 4,102,000 new text end new text begin 3,857,000 new text end
new text begin Appropriations by Fund new text end
new text begin General new text end new text begin 4,032,000 new text end new text begin 3,787,000 new text end
new text begin Special Revenue new text end new text begin 70,000 new text end new text begin 70,000 new text end

new text begin (a) $70,000 each year is from the lawful gambling regulation account in the special revenue fund. new text end

new text begin (b) $600,000 the first year and $100,000 the second year are for enforcement information technology improvements. new text end

new text begin Subd. 8. new text end

new text begin Office of Justice Programs new text end

new text begin 94,758,000 new text end new text begin 80,434,000 new text end
new text begin Appropriations by Fund new text end
new text begin General new text end new text begin 94,662,000 new text end new text begin 80,338,000 new text end
new text begin State Government Special Revenue new text end new text begin 96,000 new text end new text begin 96,000 new text end

new text begin (a) Domestic and Sexual Violence Housing new text end

new text begin $1,500,000 each year is to establish a Domestic Violence Housing First grant program to provide resources for survivors of violence to access safe and stable housing and for staff to provide mobile advocacy and expertise in housing resources in their community and a Minnesota Domestic and Sexual Violence Transitional Housing program to develop and support medium to long term transitional housing for survivors of domestic and sexual violence with supportive services. The base for this appropriation is $1,000,000 beginning in fiscal year 2026. new text end

new text begin (b) Federal Victims of Crime Funding Gap new text end

new text begin $11,000,000 each year is to fund services for victims of domestic violence, sexual assault, child abuse, and other crimes. This is a onetime appropriation. new text end

new text begin (c) Office for Missing and Murdered Black Women and Girls new text end

new text begin $1,248,000 each year is to establish and maintain the Minnesota Office for Missing and Murdered Black Women and Girls. new text end

new text begin (d) Increased Staffing new text end

new text begin $667,000 the first year and $1,334,000 the second year are to increase staffing in the Office of Justice Programs for grant monitoring and compliance; provide training and technical assistance to grantees and potential grantees; conduct community outreach and engagement to improve the experiences and outcomes of applicants, grant recipients, and crime victims throughout Minnesota; expand the Minnesota Statistical Analysis Center; and increase staffing for the crime victim reimbursement program and the Crime Victim Justice Unit. new text end

new text begin (e) Office of Restorative Practices new text end

new text begin $500,000 each year is to establish and maintain the Office of Restorative Practices. new text end

new text begin (f) Crossover and Dual-Status Youth Model Grants new text end

new text begin $1,000,000 each year is to provide grants to local units of government to initiate or expand crossover youth practices model and dual-status youth programs that provide services for youth who are involved with or at risk of becoming involved with both the child welfare and juvenile justice systems, in accordance with the Robert F. Kennedy National Resource Center for Juvenile Justice model. This is a onetime appropriation. new text end

new text begin (g) Restorative Practices Initiatives Grants new text end

new text begin $4,000,000 each year is for grants to establish and support restorative practices initiatives pursuant to Minnesota Statutes, section 299A.95, subdivision 6. The base for this appropriation is $2,500,000 beginning in fiscal year 2026. new text end

new text begin (h) Ramsey County Youth Treatment Homes Acquisition and Betterment new text end

new text begin $5,000,000 the first year is for a grant to Ramsey County to establish, with input from community stakeholders, including impacted youth and families, up to seven intensive trauma-informed therapeutic treatment homes in Ramsey County that are licensed by the Department of Human Services, that are culturally specific, that are community-based, and that can be secured. These residential spaces must provide intensive treatment and intentional healing for youth as ordered by the court as part of the disposition of a case in juvenile court. new text end

new text begin (i) Ramsey County Violence Prevention new text end

new text begin $5,000,000 the first year is for a grant to Ramsey County to award grants to develop new and further enhance existing community-based organizational support through violence prevention and community wellness grants. Grantees must use the money to create family support groups and resources to support families during the time a young person is placed out of home following a juvenile delinquency adjudication and support the family through the period of postplacement reentry; create community-based respite options for conflict or crisis de-escalation to prevent incarceration or further systems involvement for families; or establish additional meaningful employment opportunities for systems-involved youth. This appropriation is available through June 30, 2027. new text end

new text begin (j) Office for Missing and Murdered Indigenous Relatives new text end

new text begin $274,000 each year is for increased staff and operating costs of the Office for Missing and Murdered Indigenous Relatives, the Missing and Murdered Indigenous Relatives Advisory Board, and the Gaagige-Mikwendaagoziwag reward advisory group. new text end

new text begin (k) Youth Intervention Programs new text end

new text begin $3,525,000 the first year and $3,526,000 the second year are for youth intervention programs under Minnesota Statutes, section 299A.73. The base for this appropriation is $3,526,000 in fiscal year 2026 and $3,525,000 in fiscal year 2027. new text end

new text begin (l) Community Crime Intervention and Prevention Grants new text end

new text begin $750,000 each year is for community crime intervention and prevention program grants, authorized under Minnesota Statutes, section 299A.296. This is a onetime appropriation. new text end

new text begin (m) Resources for Victims of Crime new text end

new text begin $1,000,000 each year is for general crime victim grants to meet the needs of victims of crime not covered by domestic violence, sexual assault, or child abuse services. This is a onetime appropriation. new text end

new text begin (n) Prosecutor Training new text end

new text begin $100,000 each year is for a grant to the Minnesota County Attorneys Association to be used for prosecutorial and law enforcement training, including trial school training and train-the-trainer courses. All training funded with grant proceeds must contain blocks of instruction on racial disparities in the criminal justice system, collateral consequences to criminal convictions, and trauma-informed responses to victims. This is a onetime appropriation. new text end

new text begin The Minnesota County Attorneys Association must report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on the training provided with grant proceeds, including a description of each training and the number of prosecutors and law enforcement officers who received training. The report is due by February 15, 2025. The report may include trainings scheduled to be completed after the date of submission with an estimate of expected participants. new text end

new text begin (o) Minnesota Heals new text end

new text begin $500,000 each year is for the Minnesota Heals grant program. This is a onetime appropriation. new text end

new text begin (p) Sexual Assault Exam Costs new text end

new text begin $3,967,000 the first year and $3,767,000 the second year are to reimburse qualified health care providers for the expenses associated with medical examinations administered to victims of criminal sexual conduct as required under Minnesota Statutes, section 609.35. The base for this appropriation is $3,771,000 in fiscal year 2026 and $3,776,000 in fiscal year 2027. new text end

new text begin (q) First Responder Mental Health Curriculum new text end

new text begin $75,000 each year is for a grant to the Adler graduate school. The grantee must use the grant to develop a curriculum for a 24-week certificate to train licensed therapists to understand the nuances, culture, and stressors of the work environments of first responders to allow those therapists to provide effective treatment to first responders in distress. The grantee must collaborate with first responders who are familiar with the psychological, cultural, and professional issues of their field to develop the curriculum and promote it upon completion. new text end

new text begin The grantee may provide the program online. new text end

new text begin The grantee must seek to recruit additional participants from outside the 11-county metropolitan area. new text end

new text begin The grantee must create a resource directory to provide law enforcement agencies with names of counselors who complete the program and other resources to support law enforcement professionals with overall wellness. The grantee shall collaborate with the Department of Public Safety and law enforcement organizations to promote the directory. This is a onetime appropriation. new text end

new text begin (r) Pathways to Policing new text end

new text begin $400,000 each year is for reimbursement grants to state and local law enforcement agencies that operate pathway to policing programs. Applicants for reimbursement grants may receive up to 50 percent of the cost of compensating and training program participants. Reimbursement grants shall be proportionally allocated based on the number of grant applications approved by the commissioner. This is a onetime appropriation. new text end

new text begin (s) Direct Assistance to Crime Victim Survivors new text end

new text begin $5,000,000 each year is to provide grants for direct services and advocacy for victims of sexual assault, general crime, domestic violence, and child abuse. Funding must support the direct needs of organizations serving victims of crime by providing: direct client assistance to crime victims; competitive wages for direct service staff; hotel stays and other housing-related supports and services; culturally responsive programming; prevention programming, including domestic abuse transformation and restorative justice programming; and for other needs of organizations and crime victim survivors. Services funded must include services for victims of crime in underserved communities most impacted by violence and reflect the ethnic, racial, economic, cultural, and geographic diversity of the state. The office shall prioritize culturally specific programs, or organizations led and staffed by persons of color that primarily serve communities of color, when allocating funds. new text end

new text begin (t) Racially Diverse Youth new text end

new text begin $250,000 each year is for grants to organizations to address racial disparity of youth using shelter services in the Rochester and St. Cloud regional areas. Of this amount, $125,000 each year is to address this issue in the Rochester area and $125,000 each year is to address this issue in the St. Cloud area. A grant recipient shall establish and operate a pilot program connected to shelter services to engage in community intervention outreach, mobile case management, family reunification, aftercare, and follow up when family members are released from shelter services. A pilot program must specifically address the high number of racially diverse youth that enter shelters in the regions. This is a onetime appropriation. new text end

new text begin (u) Violence Prevention Project Research Center new text end

new text begin $500,000 each year is for a grant to the Violence Prevention Project Research Center, operating as a 501(c)(3) organization, for research focused on reducing violence in society that uses data and analysis to improve criminal justice-related policy and practice in Minnesota. Research must place an emphasis on issues related to deaths and injuries involving firearms. This is a onetime appropriation. new text end

new text begin Beginning January 15, 2025, the Violence Prevention Project Research Center must submit an annual report to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety policy and finance on its work and findings. The report must include a description of the data reviewed, an analysis of that data, and recommendations to improve criminal justice-related policy and practice in Minnesota with specific recommendations to address deaths and injuries involving firearms. new text end

new text begin (v) Report on Approaches to Address Illicit Drug Use in Minnesota new text end

new text begin $118,000 each year is to enter into an agreement with Rise Research LLC for a study and set of reports on illicit drug use in Minnesota describing current responses to that use, reviewing alternative approaches utilized in other jurisdictions, and making policy and funding recommendations for a holistic and effective response to illicit drug use and the illicit drug trade. The agreement must establish a budget and schedule with clear deliverables. This appropriation is onetime. new text end

new text begin The study must include a review of current policies, practices, and funding; identification of alternative approaches utilized effectively in other jurisdictions; and policy and funding recommendations for a response to illicit drug use and the illicit drug trade that reduces and, where possible, prevents harm and expands individual and community health, safety, and autonomy. Recommendations must consider impacts on public safety, racial equity, accessibility of health and ancillary supportive social services, and the intersections between drug policy and mental health, housing and homelessness, overdose and infectious disease, child welfare, and employment. new text end

new text begin Rise Research may subcontract and coordinate with other organizations or individuals to conduct research, provide analysis, and prepare the reports required by this section. new text end

new text begin Rise Research shall submit reports to the chairs and ranking minority members of the legislative committees with jurisdiction over public safety finance and policy, human services finance and policy, health finance and policy, and judiciary finance and policy. Rise Research shall submit an initial report by February 15, 2024, and a final report by March 1, 2025. new text end

new text begin (w) Legal Representation for Children new text end

new text begin $150,000 each year is for a grant to an organization that provides legal representation for children in need of protection or services and children in out-of-home placement. The grant is contingent upon a match in an equal amount from nonstate funds. The match may be in kind, including the value of volunteer attorney time, in cash, or a combination of the two. These appropriations are in addition to any other appropriations for the legal representation of children. This appropriation is onetime. new text end

new text begin (x) Pretrial Release Study and Report new text end

new text begin $250,000 each year are for a grant to the Minnesota Justice Research Center to study and report on pretrial release practices in Minnesota and other jurisdictions, including but not limited to the use of bail as a condition of pretrial release. This appropriation is onetime. new text end

new text begin (y) Intensive Comprehensive Peace Officer Education and Training Program new text end

new text begin $5,000,000 the first year is to implement the intensive comprehensive peace officer education and training program described in Minnesota Statutes, section 626.8516. This appropriation is available through June 30, 2027. new text end

new text begin (z) Youth Services Office new text end

new text begin $250,000 each year is to operate the Youth Services Office. new text end

new text begin Subd. 9. new text end

new text begin Emergency Communication Networks new text end

new text begin 77,329,000 new text end new text begin 70,597,000 new text end
new text begin Appropriations by Fund new text end
new text begin General new text end new text begin 2,000,000 new text end new text begin 2,000,000 new text end
new text begin 911 Fund new text end new text begin 75,329,000 new text end new text begin 68,597,000 new text end

new text begin This appropriation is from the state government special revenue fund for 911 emergency telecommunications services unless otherwise indicated. new text end

new text begin (a) Public Safety Answering Points new text end

new text begin $28,011,000 the first year and $28,011,000 the second year shall be distributed as provided under Minnesota Statutes, section 403.113, subdivision 2. new text end

new text begin (b) Transition to Next Generation 911 new text end

new text begin $7,000,000 the first year is to support Public Safety Answering Points' transition to Next Generation 911. Funds may be used for planning, cybersecurity, GIS data collection and maintenance, 911 call processing equipment, and new Public Safety Answering Point technology to improve service delivery. Funds shall be distributed by October 1, 2023, as provided in Minnesota Statutes, section 403.113, subdivision 2. Funds are available until June 30, 2025, and any unspent funds must be returned to the 911 emergency telecommunications service account. This is a onetime appropriation. new text end

new text begin Each eligible entity receiving these funds must provide a detailed report on how the funds were used to the commissioner of public safety by August 1, 2025. new text end

new text begin (c) ARMER State Backbone Operating Costs new text end

new text begin $10,116,000 the first year and $10,384,000 the second year are transferred to the commissioner of transportation for costs of maintaining and operating the statewide radio system backbone. new text end

new text begin (d) Statewide Emergency Communications Board new text end

new text begin $1,000,000 each year is to the Statewide Emergency Communications Board. Funds may be used for operating costs, to provide competitive grants to local units of government to fund enhancements to a communication system, technology, or support activity that directly provides the ability to deliver the 911 call between the entry point to the 911 system and the first responder, and to further the strategic goals set forth by the SECB Statewide Communication Interoperability Plan. new text end

new text begin (e) Statewide Public Safety Radio Communication System Equipment Grants new text end

new text begin $2,000,000 each year from the general fund is for grants to local units of government, federally recognized Tribal entities, and state agencies participating in the statewide Allied Radio Matrix for Emergency Response (ARMER) public safety radio communication system established under Minnesota Statutes, section 403.36, subdivision 1e. The grants must be used to purchase or upgrade portable radios, mobile radios, and related equipment that is interoperable with the ARMER system. Each local government unit may receive only one grant. The grant is contingent upon a match of at least five percent from nonstate funds. The director of the Department of Public Safety Emergency Communication Networks division, in consultation with the Statewide Emergency Communications Board, must administer the grant program. This appropriation is available until June 30, 2026. This is a onetime appropriation. new text end

Sec. 4.

new text begin PEACE OFFICER STANDARDS AND TRAINING (POST) BOARD new text end

new text begin $ new text end new text begin 12,863,000 new text end new text begin $ new text end new text begin 12,717,000 new text end

new text begin (a) Peace Officer Training Reimbursements new text end

new text begin $2,949,000 each year is for reimbursements to local governments for peace officer training costs. new text end

new text begin (b) Additional Staff new text end

new text begin $1,027,000 the first year and $1,028,000 the second year are for additional staff and equipment. The base for this appropriation is $1,011,000 beginning in fiscal year 2026. new text end

new text begin (c) Additional Office Space new text end

new text begin $228,000 the first year and $30,000 the second year are for additional office space. new text end

Sec. 5.

new text begin PRIVATE DETECTIVE BOARD new text end

new text begin $ new text end new text begin 758,000 new text end new text begin $ new text end new text begin 688,000 new text end

Sec. 6.

new text begin CORRECTIONS new text end

new text begin Subdivision 1. new text end

new text begin Total Appropriation new text end

new text begin $ new text end new text begin 12,643,000 new text end new text begin $ new text end new text begin 797,937,000 new text end new text begin $ new text end new text begin 826,661,000 new text end

new text begin The amounts that may be spent for each purpose are specified in the following subdivisions. new text end

new text begin Subd. 2. new text end

new text begin Incarceration and Prerelease Services new text end

new text begin $ new text end new text begin 12,643,000 new text end new text begin $ new text end new text begin 534,412,000 new text end new text begin $ new text end new text begin 561,421,000 new text end

new text begin (a) Operating Deficiency new text end

new text begin $12,643,000 in fiscal year 2023 is to meet financial obligations in fiscal year 2023. This is a onetime appropriation. new text end

new text begin (b) Body-worn Camera Program new text end

new text begin $1,000,000 each year is to create a body-worn camera program for corrections officers and intensive supervised release agents. This appropriation is onetime. new text end

new text begin (c) ARMER Radio System new text end

new text begin $1,500,000 each year is to upgrade and maintain the ARMER radio system within correctional facilities. This is a onetime appropriation. new text end

new text begin (d) Prison Rape Elimination Act new text end

new text begin $500,000 each year is for Prison Rape Elimination Act (PREA) compliance. new text end

new text begin (e) State Corrections Safety and Security new text end

new text begin $1,932,000 each year is for state corrections safety and security investments. The base for this appropriation is $2,625,000 beginning in fiscal year 2026. new text end

new text begin (f) Health Services new text end

new text begin $2,750,000 each year is for increased health care services. The base for this appropriation is $3,400,000 beginning in fiscal year 2026. new text end

new text begin (g) Educational Programming and Support Services new text end

new text begin $5,600,000 the first year and $4,000,000 the second year are for educational programming and support services. The base for this purpose is $2,000,000 beginning in fiscal year 2026. new text end

new text begin (h) Family Support Unit new text end

new text begin $480,000 each year is for a family support unit. new text end

new text begin (i) Inmate Phone Calls new text end

new text begin $3,100,000 each year is to provide voice communication services for incarcerated persons under Minnesota Statutes, section 241.252. Any unencumbered balance remaining at the end of the first year may be carried forward into the second year. If this appropriation is greater than the cost of providing voice communication services, remaining funds must be used to offset the cost of other communication services. new text end

new text begin (j) Virtual Court Coordination new text end

new text begin $500,000 each year is for virtual court coordination and modernization. new text end

new text begin (k) Supportive Arts for Incarcerated Persons new text end

new text begin $425,000 the first year is for supportive arts for incarcerated persons grants as provided for in section 17. Of this amount, up to ten percent is for administration, including facility space, access, liaison, and monitoring. Any unencumbered balance remaining at the end of the first year does not cancel but is available for this purpose in the second year. new text end

new text begin (l) Successful Re-entry new text end

new text begin $375,000 the first year and $875,000 the second year are for reentry initiatives, including a culturally specific release program for Native American incarcerated individuals. new text end

new text begin (m) Evidence-based Correctional Practices Unit new text end

new text begin $750,000 each year is to establish and maintain a unit to direct and oversee the use of evidence-based correctional practices across the department and supervision delivery systems. new text end

new text begin (n) Interstate Compact for Adult Supervision; Transfer Expense Reimbursement new text end

new text begin $250,000 each year is for reimbursements under Minnesota Statutes, section 243.1609. This is a onetime appropriation. new text end

new text begin (o) Task Force on Aiding and Abetting Felony Murder new text end

new text begin $25,000 the first year is for costs associated with the revival of the task force on aiding and abetting felony murder. new text end

new text begin (p) Incarceration and Prerelease Services Base Budget new text end

new text begin The base for incarceration and prerelease services is $552,775,000 in fiscal year 2026 and $553,043,000 in fiscal year 2027. new text end

new text begin Subd. 3. new text end

new text begin Community Supervision and Postrelease Services new text end

new text begin 189,939,000 new text end new text begin 190,953,000 new text end

new text begin (a) Community Supervision Funding new text end

new text begin $143,378,000 each year is for community supervision services. This appropriation shall be distributed according to the community supervision formula in Minnesota Statutes, section 401.10. new text end

new text begin (b) Tribal Nation Supervision new text end

new text begin $2,750,000 each year is for Tribal Nations to provide supervision or supportive services pursuant to Minnesota Statutes, section 401.10. new text end

new text begin (c) Postrelease Sex Offender Program new text end

new text begin $1,915,000 each year is for postrelease sex offender treatment services and initiatives. new text end

new text begin (d) Community Supervision Advisory Committee new text end

new text begin $75,000 the first year is to fund the community supervision advisory committee under Minnesota Statutes, section 401.17. new text end

new text begin (e) Regional and County Jails Study and Report new text end

new text begin $150,000 the first year is to fund the commissioner's study and report on the consolidation or merger of county jails and alternatives to incarceration for persons experiencing mental health disorders. new text end

new text begin (f) Work Release Programs new text end

new text begin $500,000 each year is for work release programs. new text end

new text begin (g) County Discharge Plans new text end

new text begin $80,000 each year is to develop model discharge plans pursuant to Minnesota Statutes, section 641.155. This appropriation is onetime. new text end

new text begin (h) Housing Initiatives new text end

new text begin $2,130,000 each year is for housing initiatives to support stable housing of incarcerated individuals upon release. The base for this purpose beginning in fiscal year 2026 is $1,685,000. Of this amount: new text end

new text begin (1) $1,000,000 each year is for housing stabilization prerelease services and program evaluation. The base for this purpose beginning in fiscal year 2026 is $760,000; new text end

new text begin (2) $500,000 each year is for rental assistance for incarcerated individuals approaching release, on supervised release, or on probation who are at risk of homelessness; new text end

new text begin (3) $405,000 each year is for culturally responsive trauma-informed transitional housing. The base for this purpose beginning in fiscal year 2026 is $200,000; and new text end

new text begin (4) $225,000 each year is for housing coordination activities. new text end

new text begin (i) Community Supervision and Postrelease Services Base Budget new text end

new text begin The base for community supervision and postrelease services is $189,272,000 in fiscal year 2026 and $189,172,000 in fiscal year 2027. new text end

new text begin (j) Naloxone new text end

new text begin $2,000 each year is to purchase naloxone for supervised release agents to use to respond to overdoses. new text end

new text begin Subd. 4. new text end

new text begin Organizational, Regulatory, and Administrative Services new text end

new text begin 73,586,000 new text end new text begin 74,287,000 new text end

new text begin (a) Public Safety Data Infrastructure new text end

new text begin $22,914,000 the first year and $22,915,000 the second year are for technology modernization and the development of an information-sharing and data-technology infrastructure. The base for this purpose is $4,097,000 beginning in fiscal year 2026. Any unspent funds from the current biennium do not cancel and are available in the next biennium. new text end

new text begin (b) Supervised Release Board new text end

new text begin $40,000 each year is to establish and operate the supervised release board pursuant to Minnesota Statutes, section 244.049. new text end

new text begin (c) Recruitment and Retention new text end

new text begin $3,200,000 the first year and $400,000 the second year are for recruitment and retention initiatives. Of this amount, $2,800,000 the first year is for staff recruitment, professional development, conflict resolution, and staff wellness, and to contract with community collaborative partners who specialize in trauma recovery. new text end

new text begin (d) Clemency Review Commission new text end

new text begin $986,000 each year is for the clemency review commission described in Minnesota Statutes, section 638.09. Of this amount, $200,000 each year is for grants to support outreach and clemency application assistance. new text end

new text begin (e) Accountability and Transparency new text end

new text begin $1,000,000 each year is for accountability and transparency initiatives. The base for this appropriation is $1,480,000 beginning in fiscal year 2026. new text end

new text begin (f) Organizational, Regulatory, and Administrative Services Base Budget new text end

new text begin The base for organizational, regulatory, and administrative services is $55,849,000 in fiscal year 2026 and $55,649,000 in fiscal year 2027. new text end

Sec. 7.

new text begin OMBUDSPERSON FOR CORRECTIONS new text end

new text begin $ new text end new text begin 1,105,000 new text end new text begin $ new text end new text begin 1,099,000 new text end

Sec. 8.

new text begin BOARD OF TRUSTEES OF THE MINNESOTA STATE COLLEGES AND UNIVERSITIES new text end

new text begin $ new text end new text begin 500,000 new text end new text begin $ new text end new text begin 500,000 new text end

new text begin $500,000 each year is for transfer to Metropolitan State University. Of this amount, $280,000 each year is to provide juvenile justice services and resources, including the Juvenile Detention Alternatives Initiative, to Minnesota counties and federally recognized Tribes and $220,000 each year is for funding to local units of government, federally recognized Tribes, and agencies to support local Juvenile Detention Alternatives Initiatives, including but not limited to Alternatives to Detention. The unencumbered balance in the first year of the biennium does not cancel but is available throughout the biennium. new text end

Sec. 9.

new text begin DEPARTMENT OF NATURAL RESOURCES new text end

new text begin $ new text end new text begin 73,000 new text end new text begin $ new text end new text begin 9,000 new text end

new text begin $73,000 the first year and $9,000 the second year are to provide naloxone and training in the use of naloxone to conservation officers. new text end

Sec. 10.

Laws 2021, First Special Session chapter 11, article 1, section 15, subdivision 3, is amended to read:

Subd. 3.

Peace Officer Training Assistance

Philando Castile Memorial Training Fund $6,000,000 each year is to support and strengthen law enforcement training and implement best practices. This funding shall be named the "Philando Castile Memorial Training Fund."new text begin These funds may only be used to reimburse costs related to training courses that qualify for reimbursement under Minnesota Statutes, sections 626.8452 (use of force), 626.8469 (training in crisis response, conflict management, and cultural diversity), and 626.8474 (autism training).new text end

Each sponsor of a training course is required to include the following in the sponsor's application for approval submitted to the board: course goals and objectives; a course outline including at a minimum a timeline and teaching hours for all courses; instructor qualificationsdeleted text begin , including skills and concepts such as crisis intervention, de-escalation, and cultural competency that are relevant to the course provideddeleted text end ; and a plan for learning assessments of the course and documenting the assessments to the board during review. Upon completion of each course, instructors must submit student evaluations of the instructor's teaching to the sponsor.

The board shall keep records of the applications of all approved and denied courses. All continuing education courses shall be reviewed after the first year. The board must set a timetable for recurring review after the first year. For each review, the sponsor must submit its learning assessments to the board to show that the course is teaching the learning outcomes that were approved by the board.

A list of licensees who successfully complete the course shall be maintained by the sponsor and transmitted to the board following the presentation of the course and the completed student evaluations of the instructors. Evaluations are available to chief law enforcement officers. The board shall establish a data retention schedule for the information collected in this section.

Each year, if funds are available after reimbursing all eligible requests for courses approved by the board under this subdivision, the board may use the funds to reimburse law enforcement agencies for other board-approved law enforcement training courses. The base for this activity is $0 in fiscal year 2026 and thereafter.

Sec. 11.

new text begin GAAGIGE-MIKWENDAAGOZIWAG REWARD ACCOUNT; TRANSFER. new text end

new text begin $250,000 in fiscal year 2024 is transferred from the general fund to the Gaagige-Mikwendaagoziwag reward account in the special revenue fund. new text end

Sec. 12.

new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION ACCOUNT; TRANSFER. new text end

new text begin $70,000,000 in fiscal year 2024 is transferred from the general fund to the community crime and violence prevention account in the special revenue fund. new text end

Sec. 13.

new text begin COMMUNITY CRIME AND VIOLENCE PREVENTION GRANTS; SPECIAL REVENUE ACCOUNT; APPROPRIATION. new text end

new text begin The community crime and violence prevention account is created in the special revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise provided to the account. Of the amount in the account, up to $14,000,000 each year is appropriated to the commissioner of public safety for purposes specified in Minnesota Statutes, section 299A.296. new text end

Sec. 14.

new text begin CRISIS RESPONSE ACCOUNT; TRANSFER. new text end

new text begin $10,000,000 in fiscal year 2024 is transferred from the general fund to the crisis response account in the special revenue fund. Any balance in the account on June 30, 2028, cancels to the general fund. new text end

Sec. 15.

new text begin CRISIS RESPONSE GRANTS; SPECIAL REVENUE ACCOUNT; APPROPRIATION. new text end

new text begin The crisis response account is created in the special revenue fund consisting of money deposited, donated, allotted, transferred, or otherwise provided to the account. Of the amount in the account, up to $2,000,000 in each of fiscal years 2024, 2025, 2026, 2027, and 2028 are appropriated to the commissioner of public safety for grants administered by the Office of Justice Programs to be awarded to local law enforcement agencies and local governments to maintain or expand crisis response teams in which social workers or mental health providers are sent as first responders when calls for service indicate that an individual is having a mental health crisis. new text end

new text begin new text end

Sec. 16.

new text begin PRETRIAL RELEASE STUDY AND REPORT. new text end

new text begin (a) Pursuant to the terms of a grant, the Minnesota Justice Research Center shall study and report on pretrial release practices in Minnesota and other jurisdictions. new text end

new text begin (b) The Minnesota Justice Research Center shall examine pretrial release practices in Minnesota and community perspectives about those practices; conduct a robust study of pretrial release practices in other jurisdictions to identify effective approaches to pretrial release that use identified best practices; provide analysis and recommendations describing if, and how, practices in other jurisdictions could be adopted and implemented in Minnesota, including but not limited to analysis addressing how changes would impact public safety, appearance rates, treatment of defendants with different financial means, disparities in pretrial detention, and community perspectives about pretrial release; and make recommendations for policy changes for consideration by the legislature. new text end

new text begin (c) By February 15, 2024, the Minnesota Justice Research Center must provide a preliminary report to the legislative committees and divisions with jurisdiction over public safety finance and policy including a summary of the preliminary findings, any legislative proposals to improve the ability of the Minnesota Justice Research Center to complete its work, and any proposals for legislation related to pretrial release. The Minnesota Justice Research Center shall submit a final report to the legislative committees and divisions with jurisdiction over public safety finance and policy by February 15, 2025. The final report shall include a description of the Minnesota Justice Research Center's work, findings, and any legislative proposals. new text end

Sec. 17.

new text begin SUPPORTIVE ARTS GRANT PROGRAM. new text end

new text begin (a) The commissioner of corrections shall establish a supportive arts grant program to award grants to nonprofit organizations to provide supportive arts programs to incarcerated persons and persons on supervised release. The supportive arts programs must use the arts, including but not limited to visual art, poetry, literature, theater, dance, and music, to address the supportive, therapeutic, and rehabilitative needs of incarcerated persons and persons on supervised release and promote a safer correctional facility environment and community environment. The commissioner may not require incarcerated persons and persons on supervised release to participate in a supportive arts program provided in a correctional facility or community under a grant. new text end

new text begin (b) Applicants for grants under this section must submit an application in the form and manner established by the commissioner. The applicants must describe the arts program to be offered; how the program is supportive, therapeutic, and rehabilitative for incarcerated persons and persons on supervised release; and the use of the grant funds. new text end

new text begin (c) Organizations are not required to apply for or receive grant funds under this section in order to be eligible to provide supportive arts programming inside the correctional facilities. new text end

new text begin (d) By March 1 of each year, the commissioner shall report to the chairs and ranking members of the legislative committees and divisions having jurisdiction over criminal justice finance and policy on the implementation, use, and administration of the grant program established under this section. At a minimum, the report must provide: new text end

new text begin (1) the names of the organizations receiving grants; new text end

new text begin (2) the total number of individuals served by all grant recipients, disaggregated by race, ethnicity, and gender; new text end

new text begin (3) the names of the correctional facilities and communities where incarcerated persons and persons on supervised release are participating in supportive arts programs offered under this section; new text end

new text begin (4) the total amount of money awarded in grants and the total amount remaining to be awarded, if any; new text end

new text begin (5) the amount of money granted to each recipient; new text end

new text begin (6) a description of the program, mission, goals, and objectives by the organization using the money; and new text end

new text begin (7) a description of and measures of success, either qualitative or quantitative. new text end

Sec. 18.

new text begin APPROPRIATIONS GIVEN EFFECT ONCE. new text end

new text begin If an appropriation or transfer in this act is enacted more than once during the 2023 regular session, the appropriation or transfer must be given effect only once. new text end

ARTICLE 3

JUDICIARY POLICY

Section 1.

new text begin [260C.419] STATEWIDE OFFICE OF APPELLATE COUNSEL AND TRAINING. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the meanings given. new text end

new text begin (b) "Board" means the State Board of Appellate Counsel and Training. new text end

new text begin (c) "Juvenile protection matter" means any of the following: new text end

new text begin (1) child in need of protection or services matters as defined in section 260C.007, subdivision 6, including habitual truant and runaway matters; new text end

new text begin (2) neglected and in foster care matters as defined in section 260C.007, subdivision 24; new text end

new text begin (3) review of voluntary foster care matters as defined in section 260C.141, subdivision 2; new text end

new text begin (4) review of out-of-home placement matters as defined in section 260C.212; new text end

new text begin (5) termination of parental rights matters as defined in sections 260C.301 to 260C.328; and new text end

new text begin (6) permanent placement matters as defined in sections 260C.503 to 260C.521, including matters involving termination of parental rights, guardianship to the commissioner of human services, transfer of permanent legal and physical custody to a relative, permanent custody to the agency, temporary legal custody to the agency, and matters involving voluntary placement pursuant to section 260D.07. new text end

new text begin (d) "Office" means the Statewide Office of Appellate Counsel and Training. new text end

new text begin Subd. 2. new text end

new text begin Statewide Office of Appellate Counsel and Training; establishment. new text end

new text begin (a) The Statewide Office of Appellate Counsel and Training is established as an independent state office. The office shall be responsible for: new text end

new text begin (1) establishing and maintaining a system for providing appellate representation to parents in juvenile protection matters, as provided in section 260C.163, subdivision 3, paragraph (c), and in Tribal court jurisdictions; new text end

new text begin (2) providing training to all parent attorneys practicing in the state on topics relevant to their practice and establishing practice standards and training requirements for parent attorneys practicing in the state; and new text end

new text begin (3) collaborating with the Minnesota Department of Human Services to coordinate and secure federal Title IV-E support for counties and Tribes interested in accessing federal funding. new text end

new text begin (b) The office shall be governed by a board as provided in subdivision 3. new text end

new text begin Subd. 3. new text end

new text begin State Board of Appellate Counsel and Training; structure; membership. new text end

new text begin (a) The State Board of Appellate Counsel and Training is established to direct the Statewide Office of Appellate Counsel and Training. The board shall consist of seven members, including: new text end

new text begin (1) four public members appointed by the governor; and new text end

new text begin (2) three members appointed by the supreme court, at least one of whom must have experience representing parents in juvenile court and who include two attorneys admitted to practice law in the state and one public member. new text end

new text begin (b) The appointing authorities may not appoint any of the following to be a member of the board: new text end

new text begin (1) a person who is a judge; new text end

new text begin (2) a person who is a registered lobbyist; new text end

new text begin (3) a person serving as a guardian ad litem or counsel for a guardian ad litem; new text end

new text begin (4) a person who serves as counsel for children in juvenile court; new text end

new text begin (5) a person under contract with or employed by the Department of Human Services or a county department of human or social services; or new text end

new text begin (6) a current city or county attorney or assistant city or county attorney. new text end

new text begin (c) All members shall demonstrate an interest in maintaining a high quality, independent appellate defense system for parents in juvenile protection proceedings who are unable to obtain adequate representation, a robust program for parent attorneys in Minnesota, and an efficient coordination effort, in collaboration with the Department of Human Services, to secure and utilize Title IV-E funding. At least one member of the board appointed by the governor must be a representative from a federally recognized Indian Tribe. No more than five members of the board may belong to the same political party. At least three members of the board shall be from judicial districts other than the First, Second, Fourth, and Tenth Judicial Districts. To the extent practicable, the membership of the board must include persons with disabilities, reflect the ethnic diversity of the state, take into consideration race and gender, and include persons from throughout the state. The members shall be well acquainted with representing parents in district court and appellate proceedings related to child protection matters as well as the law that affect a parent attorney's work, including chapter 260C, the Rules of Juvenile Protection Procedure, the Rules of Civil Appellate Procedure, the Indian Child Welfare Act, and the Minnesota Indian Family Preservation Act. The terms, compensation, and removal of members shall be as provided in section 15.0575. The members shall elect a chair from among the membership and the chair shall serve a term of two years. new text end

new text begin Subd. 4. new text end

new text begin Head appellate counsel for parents; assistant and contracted attorneys; other employees. new text end

new text begin (a) Beginning January 1, 2024, and for every four years after that date, the board shall appoint a head appellate counsel in charge of executing the responsibilities of the office who shall provide for sufficient appellate counsel for parents and other personnel necessary to discharge the functions of the office. The head appellate counsel shall serve a four-year term and may be removed only for cause upon the order of the board. The head appellate counsel shall be a full-time qualified attorney, licensed to practice law in this state, and serve in the unclassified service of the state. Vacancies of the office shall be filled by the appointing authority for the unexpired term. The head appellate counsel shall devote full time to the performance of duties and shall not engage in the general practice of law. The compensation of the head appellate counsel shall be set by the board and shall be commensurate with county attorneys in the state. new text end

new text begin (b) Consistent with the decisions of the board, the head appellate counsel shall employ assistants or hire independent contractors to serve as appellate counsel for parents. Each assistant appellate counsel and independent contractor serves at the pleasure of the head appellate counsel. The compensation of assistant appellate counsel and independent contractors shall be set by the board and shall be commensurate with county attorneys in the state. new text end

new text begin (c) A person serving as appellate counsel shall be a qualified attorney licensed to practice law in this state. A person serving as appellate counsel practicing in Tribal court shall be a licensed attorney qualified to practice law in Tribal courts in the state. Assistant appellate counsel and contracted appellate counsel may engage in the general practice of law where not employed or contracted to provide services on a full-time basis. new text end

new text begin (d) The head appellate counsel shall, consistent with the responsibilities under subdivision 2, employ or hire the following: new text end

new text begin (1) one managing appellate attorney; new text end

new text begin (2) two staff attorneys; new text end

new text begin (3) one director of training; new text end

new text begin (4) one program administrator to support Title IV-E reimbursement in collaboration with the Department of Human Services; and new text end

new text begin (5) one office administrator. new text end

new text begin (e) Each employee identified in paragraph (d) serves at the pleasure of the head appellate counsel. The compensation of each employee shall be set by the board and shall be commensurate with county attorneys in the state. new text end

new text begin (f) Any person serving as managing appellate attorney, staff attorney, and director of training shall be a qualified attorney licensed to practice law in the state. new text end

new text begin (g) A person serving as the program administrator and office administrator must be chosen solely on the basis of training, experience, and qualifications. new text end

new text begin Subd. 5. new text end

new text begin Duties and responsibilities. new text end

new text begin (a) The board shall work cooperatively with the head appellate counsel to govern the office and provide fiscal oversight. new text end

new text begin (b) The board shall approve and recommend to the legislature a budget for the board, the office, and any programs operated by that office. new text end

new text begin (c) The board shall establish procedures for distribution of funding under this section to the office and any programs operated by that office. new text end

new text begin (d) The head appellate counsel with the approval of the board shall establish appellate program standards, administrative policies, procedures, and rules consistent with statute, rules of court, and laws that affect appellate counsel's work. The standards must include but are not limited to: new text end

new text begin (1) standards needed to maintain and operate an appellate counsel for parents program, including requirements regarding the qualifications, training, and size of the legal and supporting staff for an appellate counsel program; new text end

new text begin (2) standards for appellate counsel caseloads; new text end

new text begin (3) standards and procedures for the eligibility of appointment, assessment, and collection of the costs for legal representation provided by appellate counsel; new text end

new text begin (4) standards for contracts between contracted appellate counsel and the state appellate counsel program for the legal representation of indigent persons; new text end

new text begin (5) standards prescribing minimum qualifications of counsel appointed under the board's authority or by the courts; and new text end

new text begin (6) standards ensuring the independent, competent, and efficient representation of clients whose cases present conflicts of interest. new text end

new text begin (e) The head appellate counsel, with approval of the board, shall establish training program standards and processes and procedures necessary to carry out the office's responsibilities for statewide training of parent attorneys, including but not limited to establishing uniform practice standards and training requirements for all parent attorneys practicing in the state. new text end

new text begin (f) The head appellate counsel and the program administrator with approval of the board shall establish processes and procedures for collaborating with the Department of Human Services to secure and utilize Title IV-E funds and communicating with counties and Tribes and any other processes and procedures necessary to carry out the office's responsibilities. new text end

new text begin (g) The board may: new text end

new text begin (1) propose statutory changes to the legislature and rule changes to the supreme court that are in the best interests of the operation of the appellate counsel for parents program; and new text end

new text begin (2) require the reporting of statistical data, budget information, and other cost factors by the appellate counsel for parents program. new text end

new text begin Subd. 6. new text end

new text begin Limitation. new text end

new text begin In no event shall the board or its members interfere with the discretion, judgment, or zealous advocacy of counsel in their handling of individual cases as a part of the judicial branch of government. new text end

new text begin Subd. 7. new text end

new text begin Budget; county and Tribe use. new text end

new text begin The establishment of the office and its employees and support staff and the board shall be funded by the state of Minnesota. Minnesota counties and Tribes may utilize this office to provide appellate representation to indigent parents in their jurisdiction who are seeking an appeal and for assistance in securing Title IV-E funding through collaboration with the Department of Human Services. new text end

new text begin Subd. 8. new text end

new text begin Collection of costs; appropriation. new text end

new text begin If any of the costs provided by appellate counsel are assessed and collected or otherwise reimbursed from any source, the State Board of Appellate Counsel and Training shall deposit payments in a separate account established in the special revenue fund. The amount credited to this account is appropriated to the State Board of Appellate Counsel and Training. The balance of this account does not cancel but is available until expended. new text end

Sec. 2.

Minnesota Statutes 2022, 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 $285, except in marriage dissolution actions the fee is $315.

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 $285, except in marriage dissolution actions the fee is $315. This subdivision does not apply to the filing of an Application for Discharge of Judgment. Section 548.181 applies to an Application for Discharge of Judgment.

The party requesting a trial by jury shall pay $100.

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, $14deleted text begin , and $8 for an uncertified copydeleted text end .

(3) Issuing a subpoena, $16 for each name.

(4) Filing a motion or response to a motion in civil, family, excluding child support, and guardianship cases, $75.

(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, $55.

(6) Issuing a transcript of judgment, or for filing and docketing a transcript of judgment from another court, $40.

(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, osteopathic physicians, chiropractors, veterinarians, or optometrists, $5.

(10) For the filing of each partial, final, or annual account in all trusteeships, $55.

(11) For the deposit of a will, $27.

(12) For recording notary commission, $20.

(13) Filing a motion or response to a motion for modification of child support, a fee of $50.

(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. new text begin No fee may be charged to view or download a publicly available instrument from a civil or criminal proceeding or for an uncertified copy of that instrument.new text end

Sec. 3.

Minnesota Statutes 2022, section 363A.06, subdivision 1, is amended to read:

Subdivision 1.

Formulation of policies.

(a) The commissioner shall formulate policies to effectuate the purposes of this chapter and shall do the following:

(1) exercise leadership under the direction of the governor in the development of human rights policies and programs, and make recommendations to the governor and the legislature for their consideration and implementation;

(2) establish and maintain a principal office in St. Paul, and any other necessary branch offices at any location within the state;

(3) meet and function at any place within the state;

(4) employ attorneys, clerks, and other employees and agents as the commissioner may deem necessary and prescribe their duties;

(5) to the extent permitted by federal law and regulation, utilize the records of the Department of Employment and Economic Development of the state when necessary to effectuate the purposes of this chapter;

(6) obtain upon request and utilize the services of all state governmental departments and agencies;

(7) adopt suitable rules for effectuating the purposes of this chapter;

(8) issue complaints, receive and investigate charges alleging unfair discriminatory practices, and determine whether or not probable cause exists for hearing;

(9) subpoena witnesses, administer oaths, take testimony, and require the production for examination of any books or papers relative to any matter under investigation or in question as the commissioner deems appropriate to carry out the purposes of this chapter;

(10) attempt, by means of education, conference, conciliation, and persuasion to eliminate unfair discriminatory practices as being contrary to the public policy of the state;

(11) develop and conduct programs of formal and informal education designed to eliminate discrimination and intergroup conflict by use of educational techniques and programs the commissioner deems necessary;

(12) make a written report of the activities of the commissioner to the governor each year;

(13) accept gifts, bequests, grants, or other payments public and private to help finance the activities of the department;

(14) create such local and statewide advisory committees as will in the commissioner's judgment aid in effectuating the purposes of the Department of Human Rights;

(15) develop such programs as will aid in determining the compliance throughout the state with the provisions of this chapter, and in the furtherance of such duties, conduct research and study discriminatory practices based upon race, color, creed, religion, national origin, sex, age, disability, marital status, status with regard to public assistance, familial status, sexual orientation, or other factors and develop accurate data on the nature and extent of discrimination and other matters as they may affect housing, employment, public accommodations, schools, and other areas of public life;

(16) develop and disseminate technical assistance to persons subject to the provisions of this chapter, and to agencies and officers of governmental and private agencies;

(17) provide staff services to such advisory committees as may be created in aid of the functions of the Department of Human Rights;

(18) make grants in aid to the extent that appropriations are made available for that purpose in aid of carrying out duties and responsibilities; deleted text begin anddeleted text end

(19) cooperate and consult with the commissioner of labor and industry regarding the investigation of violations of, and resolution of complaints regarding section 363A.08, subdivision 7deleted text begin .deleted text end new text begin ; andnew text end

new text begin (20) analyze civil rights trends pursuant to this chapter, including information compiled from community organizations that work directly with historically marginalized communities, and prepare a report each biennium that recommends policy and system changes to reduce and prevent further civil rights incidents across Minnesota. The report shall be provided to the chairs and ranking minority members of the house of representatives and senate committees with jurisdiction over the Department of Human Rights. This report must also be posted on the Department of Human Rights' public website and shared with community organizations that work with historically marginalized communities. new text end

In performing these duties, the commissioner shall give priority to those duties in clauses (8), (9), and (10) and to the duties in section 363A.36.

(b) All gifts, bequests, grants, or other payments, public and private, accepted under paragraph (a), clause (13), must be deposited in the state treasury and credited to a special account. Money in the account is appropriated to the commissioner of human rights to help finance activities of the department.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, and the commissioner must provide the first report by February 1, 2025. new text end

Sec. 4.

Minnesota Statutes 2022, section 484.85, is amended to read:

484.85 DISPOSITION OF FINES, FEES, AND OTHER MONEY; ACCOUNTS; RAMSEY COUNTY DISTRICT COURT.

(a) In all cases prosecuted in Ramsey County District Court by an attorney for a municipality or subdivision of government within Ramsey County for violation of a statute; an ordinance; or a charter provision, rule, or regulation of a city; all fines, penalties, and forfeitures collected by the court administrator shall be deposited in the state treasury and distributed according to this paragraph. Except where a different disposition is provided by section 299D.03, subdivision 5, or other law, on or before the last day of each month, the court shall pay over all fines, penalties, and forfeitures collected by the court administrator during the previous month as follows:

deleted text begin (1) for offenses committed within the city of St. Paul,deleted text end two-thirds paid to the treasurer of the deleted text begin city of St. Pauldeleted text end new text begin municipality or subdivision of government within Ramsey Countynew text end and one-third credited to the state general funddeleted text begin ; anddeleted text end new text begin .new text end

deleted text begin (2) for offenses committed within any other municipality or subdivision of government within Ramsey County, one-half paid to the treasurer of the municipality or subdivision of government and one-half credited to the state general fund. deleted text end

All other fines, penalties, and forfeitures collected by the district court shall be distributed by the courts as provided by law.

(b) Fines, penalties, and forfeitures shall be distributed as provided in paragraph (a) when:

(1) a city contracts with the county attorney for prosecutorial services under section 484.87, subdivision 3; or

(2) the attorney general provides assistance to the city attorney under section 484.87, subdivision 5.

Sec. 5.

Minnesota Statutes 2022, section 611.23, is amended to read:

611.23 OFFICE OF STATE PUBLIC DEFENDER; APPOINTMENT; SALARY.

The state public defender is responsible to the State Board of Public Defense. The state public defender shall supervise the operation, activities, policies, and procedures of the statewide public defender system. When requested by a district public defender or appointed counsel, the state public defender may assist the district public defender, appointed counsel, or an organization designated in section 611.216 in the performance of duties, including trial representation in matters involving legal conflicts of interest or other special circumstances, and assistance with legal research and brief preparation. The state public defender shall be appointed by the State Board of Public Defense for a term of four years, except as otherwise provided in this section, and until a successor is appointed and qualified. The state public defender shall be a full-time qualified attorney, licensed to practice law in this state, serve in the unclassified service of the state, and be removed only for cause by the appointing authority. Vacancies in the office shall be filled by the appointing authority for the unexpired term. The salary of the state public defender shall be fixed by the State Board of Public Defense deleted text begin but must not exceed the salary of a district court judgedeleted text end . Terms of the state public defender shall commence on July 1. The state public defender shall devote full time to the performance of duties and shall not engage in the general practice of law.

ARTICLE 4

GENERAL CRIMES

Section 1.

Minnesota Statutes 2022, section 243.166, subdivision 1b, is amended to read:

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, paragraph (a), 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, paragraph (b); or 609.3453;

(iv) indecent exposure under section 617.23, subdivision 3; or

(v) surreptitious intrusion under the circumstances described in section 609.746, subdivision 1, paragraph deleted text begin (f)deleted text end new text begin (h)new text end ;

(2) the person was charged with or petitioned for a violation of, or attempt to violate, or aiding, abetting, or conspiring 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) criminal abuse in violation of section 609.2325, subdivision 1, paragraph (b);

(ii) false imprisonment in violation of section 609.255, subdivision 2;

(iii) solicitation, inducement, or promotion of the prostitution of a minor or engaging in the sex trafficking of a minor in violation of section 609.322;

(iv) a prostitution offense in violation of section 609.324, subdivision 1, paragraph (a);

(v) soliciting a minor to engage in sexual conduct in violation of section 609.352, subdivision 2 or 2a, clause (1);

(vi) using a minor in a sexual performance in violation of section 617.246; or

(vii) possessing pornographic work involving a minor in violation of section 617.247;

(3) the person was sentenced as a patterned sex offender under section 609.3455, subdivision 3a; or

(4) the person was charged with or petitioned for, including pursuant to a court martial, violating a law of the United States, including the Uniform Code of Military Justice, similar to an offense or involving similar circumstances to an offense described in clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances.

(b) A person also shall register under this section if:

(1) the person was charged with or petitioned for an offense in another state similar to an offense or involving similar circumstances to an offense described in paragraph (a), clause (1), (2), or (3), and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances;

(2) the person enters this state to reside, work, or attend school, or enters this state and remains for 14 days or longer or for an aggregate period of time exceeding 30 days during any calendar year; 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 a longer registration period under the laws of another state in which the person has been convicted or adjudicated, or is subject to lifetime registration.

If a person described in this paragraph is subject to a longer registration period in another state or is subject to lifetime registration, the person shall register for that time period 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 Minnesota Statutes 2012, section 253B.185, chapter 253D, 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 2.

Minnesota Statutes 2022, section 609.02, subdivision 16, is amended to read:

Subd. 16.

Qualified domestic violence-related offense.

"Qualified domestic violence-related offense" includes a violation of or an attempt to violate sections 518B.01, subdivision 14 (violation of domestic abuse order for protection); 609.185 (first-degree murder); 609.19 (second-degree murder);new text begin 609.195, paragraph (a) (third-degree murder); 609.20, clauses (1), (2), and (5) (first-degree manslaughter); 609.205, clauses (1) and (5) (second-degree manslaughter);new text end 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); 609.2245 (female genital mutilation); 609.2247 (domestic assault by strangulation);new text begin 609.25 (kidnapping); 609.255 (false imprisonment);new text end 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); 609.3458 (sexual extortion); 609.377 (malicious punishment of a child);new text begin 609.582, subdivision 1, clause (c) (burglary in the first degree);new text end 609.713 (terroristic threats); 609.748, subdivision 6 (violation of harassment restraining order); 609.749 (harassment or stalking); 609.78, subdivision 2 (interference with an emergency call); 617.261 (nonconsensual dissemination of private sexual images); and 629.75 (violation of domestic abuse no contact order); and similar laws of other states, the United States, the District of Columbia, tribal lands, and United States territories.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 3.

Minnesota Statutes 2022, section 609.05, is amended by adding a subdivision to read:

new text begin Subd. 2a. new text end

new text begin Exception. new text end

new text begin (a) A person may not be held criminally liable for a violation of section 609.185, paragraph (a), clause (3), for a death caused by another unless the person intentionally aided, advised, hired, counseled, or conspired with or otherwise procured the other with the intent to cause the death of a human being. new text end

new text begin (b) A person may not be held criminally liable for a violation of section 609.19, subdivision 2, clause (1), for a death caused by another unless the person was a major participant in the underlying felony and acted with extreme indifference to human life. new text end

new text begin (c) As used in this subdivision, "major participant" means a person who: new text end

new text begin (1) used a deadly weapon during the commission of the underlying felony or provided a deadly weapon to another participant where it was reasonably foreseeable that the weapon would be used in the underlying felony; new text end

new text begin (2) caused substantial bodily harm to another during the commission of the underlying felony; new text end

new text begin (3) coerced or hired a participant to undertake actions in furtherance of the underlying felony that proximately caused the death, and where it was reasonably foreseeable that such actions would cause death or great bodily harm; or new text end

new text begin (4) impeded another person from preventing the death either by physical action or by threat of physical action where it was reasonably foreseeable that death or great bodily harm would result. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. The section does not apply to crimes committed before August 1, 2023. new text end

Sec. 4.

Minnesota Statutes 2022, section 609.2231, subdivision 4, is amended to read:

Subd. 4.

Assaults motivated by bias.

(a) Whoever assaults anothernew text begin in whole or in substantial partnew text end because of the victim's or another's actual or perceived race, color, new text begin ethnicity, new text end religion, sex, new text begin gender, new text end sexual orientation, new text begin gender identity, gender expression, age, national origin, or new text end disability as defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03,new text end 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.

(b) Whoever violates the provisions of paragraph (a) within five years of a previous conviction under paragraph (a) is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 5.

Minnesota Statutes 2022, section 609.2233, is amended to read:

609.2233 FELONY ASSAULT MOTIVATED BY BIAS; INCREASED STATUTORY MAXIMUM SENTENCE.

A person who violates section 609.221, 609.222, or 609.223 new text begin in whole or in substantial partnew text end because of the victim's or another person's actual or perceived race, color, new text begin ethnicity, new text end religion, sex, new text begin gender, new text end sexual orientation, new text begin gender identity, gender expression, age, national origin, or new text end disability as defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03,new text end is subject to a statutory maximum penalty of 25 percent longer than the maximum penalty otherwise applicable.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 6.

new text begin [609.247] CARJACKING. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the meanings given. new text end

new text begin (b) "Carjacking" means taking a motor vehicle from the person or in the presence of another while having knowledge of not being entitled to the motor vehicle and using or threatening the imminent use of force against any person to overcome the person's resistance or powers of resistance to, or to compel acquiescence in, the taking of the motor vehicle. new text end

new text begin (c) "Motor vehicle" has the meaning given in section 609.52, subdivision 1, clause (10). new text end

new text begin Subd. 2. new text end

new text begin First degree. new text end

new text begin Whoever, while committing a carjacking, is armed with a dangerous weapon or any article used or fashioned in a manner to lead the victim to reasonably believe it to be a dangerous weapon, or inflicts bodily harm upon another, is guilty of carjacking in the first degree and may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both. new text end

new text begin Subd. 3. new text end

new text begin Second degree. new text end

new text begin Whoever, while committing a carjacking, implies, by word or act, possession of a dangerous weapon, is guilty of carjacking in the second degree and may be sentenced to imprisonment for not more than 15 years or to payment of a fine of not more than $30,000, or both. new text end

new text begin Subd. 4. new text end

new text begin Third degree. new text end

new text begin Whoever commits carjacking under any other circumstances is guilty of carjacking in the third degree and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 7.

Minnesota Statutes 2022, section 609.25, subdivision 2, is amended to read:

Subd. 2.

Sentence.

Whoever violates subdivision 1 may be sentenced as follows:

(1) if the victim is released in a safe place without great bodily harm, to imprisonment for not more than 20 years or to payment of a fine of not more than $35,000, or both; or

(2) deleted text begin if the victim is not released in a safe place, or if the victim suffers great bodily harm during the course of the kidnapping, or if the person kidnapped is under the age of 16,deleted text end to imprisonment for not more than 40 years or to payment of a fine of not more than $50,000, or bothnew text begin if:new text end

new text begin (i) the victim is not released in a safe place; new text end

new text begin (ii) the victim suffers great bodily harm during the course of the kidnapping; or new text end

new text begin (iii) the person kidnapped is under the age of 16new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 8.

Minnesota Statutes 2022, section 609.269, is amended to read:

609.269 EXCEPTION.

Sections 609.2661 to 609.268 do not apply to deleted text begin any act described in section 145.412.deleted text end new text begin a person providing reproductive health care offered, arranged, or furnished:new text end

new text begin (1) for the purpose of terminating a pregnancy; and new text end

new text begin (2) with the consent of the pregnant individual or the pregnant individual's representative, except in a medical emergency in which consent cannot be obtained. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 9.

Minnesota Statutes 2022, section 609.52, subdivision 3, is amended to read:

Subd. 3.

Sentence.

Whoever commits theft may be sentenced as follows:

(1) to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both, if the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), (16), or (19), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or

(2) to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if the property stolen was an article representing a trade secret, an explosive or incendiary device, or a controlled substance listed in Schedule I or II pursuant to section 152.02 with the exception of marijuana; or

(3) to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if any of the following circumstances exist:

(a) the value of the property or services stolen is more than $1,000 but not more than $5,000; or

(b) the property stolen was a controlled substance listed in Schedule III, IV, or V pursuant to section 152.02; or

(c) the value of the property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for an offense under this section, section 256.98; 268.182; 609.24; 609.245;new text begin 609.522;new text end 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or

(d) the value of the property or services stolen is not more than $1,000, and any of the following circumstances exist:

(i) the property is taken from the person of another or from a corpse, or grave or coffin containing a corpse; or

(ii) the property is a record of a court or officer, or a writing, instrument or record kept, filed or deposited according to law with or in the keeping of any public officer or office; or

(iii) the property is taken from a burning, abandoned, or vacant building or upon its removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing, or the proximity of battle; or

(iv) the property consists of public funds belonging to the state or to any political subdivision or agency thereof; or

(v) the property stolen is a motor vehicle; or

(4) to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property or services stolen is more than $500 but not more than $1,000; or

(5) in all other cases where the value of the property or services stolen is $500 or less, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3), (4), (13), and (19), the value of the money or property or services received by the defendant in violation of any one or more of the above provisions within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 10.

new text begin [609.522] ORGANIZED RETAIL THEFT. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the meanings given. new text end

new text begin (b) "Pattern of retail theft" means acts committed or directed by the defendant on at least two separate occasions in the preceding six months that would constitute a violation of: new text end

new text begin (1) section 609.52, subdivision 2, paragraph (a), clauses (1), (3), and (4), involving retail merchandise; new text end

new text begin (2) section 609.521; new text end

new text begin (3) section 609.53, subdivision 1, involving retail merchandise; new text end

new text begin (4) section 609.582 when the building was a retail establishment; or new text end

new text begin (5) section 609.59. new text end

new text begin (c) "Retail establishment" means the building where a retailer sells retail merchandise. new text end

new text begin (d) "Retail merchandise" means all forms of tangible property, without limitation, held out for sale by a retailer. new text end

new text begin (e) "Retail theft enterprise" means a group of two or more individuals with a shared goal involving the unauthorized removal of retail merchandise from a retailer. Retail theft enterprise does not require the membership of the enterprise to remain the same or that the same individuals participate in each offense committed by the enterprise. new text end

new text begin (f) "Retailer" means a person or entity that sells retail merchandise. new text end

new text begin (g) "Value" means the retail market value at the time of the theft or, if the retail market value cannot be ascertained, the cost of replacement of the property within a reasonable time after the theft. new text end

new text begin Subd. 2. new text end

new text begin Organized retail theft. new text end

new text begin A person is guilty of organized retail theft if: new text end

new text begin (1) the person is employed by or associated with a retail theft enterprise; new text end

new text begin (2) the person has previously engaged in a pattern of retail theft and intentionally commits an act or directs another member of the retail theft enterprise to commit an act involving retail merchandise that would constitute a violation of: new text end

new text begin (i) section 609.52, subdivision 2, paragraph (a), clauses (1), (3), and (4); or new text end

new text begin (ii) section 609.53, subdivision 1; and new text end

new text begin (3) the person or another member of the retail theft enterprise: new text end

new text begin (i) resells or intends to resell the stolen retail merchandise; new text end

new text begin (ii) advertises or displays any item of the stolen retail merchandise for sale; or new text end

new text begin (iii) returns any item of the stolen retail merchandise to a retailer for anything of value. new text end

new text begin Subd. 3. new text end

new text begin Sentence. new text end

new text begin Whoever commits organized retail theft may be sentenced as follows: new text end

new text begin (1) to imprisonment for not more than 15 years or to payment of a fine of not more than $35,000, or both, if the value of the property stolen exceeds $5,000; new text end

new text begin (2) to imprisonment for not more than seven years or to payment of a fine of not more than $14,000, or both, if either of the following circumstances exist: new text end

new text begin (i) the value of the property stolen is more than $1,000 but not more than $5,000; or new text end

new text begin (ii) the value of the property is more than $500 but not more than $1,000 and the person commits the offense within ten years of the first of two or more convictions under this section, section 256.98; 268.182; 609.24; 609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; new text end

new text begin (3) to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both, if either of the following circumstances exist: new text end

new text begin (i) the value of the property stolen is more than $500 but not more than $1,000; or new text end

new text begin (ii) the value of the property is $500 or less and the person commits the offense within ten years of a previous conviction under this section, section 256.98; 268.182; 609.24; 609.245; 609.52; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony or gross misdemeanor sentence for the offense, or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony or gross misdemeanor sentence; or new text end

new text begin (4) to imprisonment of not more than one year or to payment of a fine of not more than $3,000, or both, if the value of the property stolen is $500 or less. new text end

new text begin Subd. 4. new text end

new text begin Aggregation. new text end

new text begin The value of the retail merchandise received by the defendant in violation of this section within any six-month period may be aggregated and the defendant charged accordingly in applying the provisions of this subdivision; provided that when two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this subdivision. new text end

new text begin Subd. 5. new text end

new text begin Enhanced penalty. new text end

new text begin If a violation of this section creates a reasonably foreseeable risk of bodily harm to another, the penalties described in subdivision 3 are enhanced as follows: new text end

new text begin (1) if the penalty 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 $5,000, or both; and new text end

new text begin (2) if the penalty is a felony, the statutory maximum sentence for the offense is 50 percent longer than for the underlying crime. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 11.

Minnesota Statutes 2022, section 609.582, subdivision 3, is amended to read:

Subd. 3.

Burglary in the third degree.

new text begin (a) Except as otherwise provided in this section, new text end whoever enters a building without consent and with intent to steal or commit any felony or gross misdemeanor while in the building, or enters a building without consent and steals or commits a felony or gross misdemeanor while in the building, either directly or as an accomplice, commits burglary in the third degree 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.

new text begin (b) Whoever enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), and steals while in the building, either directly or as an accomplice, commits burglary in the third degree 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, if: new text end

new text begin (1) the person enters the building within one year after being told to leave the building and not return; and new text end

new text begin (2) the person has been convicted within the preceding five years for an offense under this section, section 256.98, 268.182, 609.24, 609.245, 609.52, 609.522, 609.53, 609.625, 609.63, 609.631, or 609.821, or a statute from another state, the United States, or a foreign jurisdiction, in conformity with any of those sections, and the person received a felony sentence for the offense or a sentence that was stayed under section 609.135 if the offense to which a plea was entered would allow imposition of a felony sentence. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 12.

Minnesota Statutes 2022, section 609.582, subdivision 4, is amended to read:

Subd. 4.

Burglary in the fourth degree.

new text begin (a) new text end Whoever enters a building without consent and with intent to commit a misdemeanor other than to steal, or enters a building without consent and commits a misdemeanor other than to steal while in the building, either directly or as an accomplice, commits burglary in the fourth degree 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.

new text begin (b) Whoever enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), with intent to steal while in the building, or enters a building that is open to the public, other than a building identified in subdivision 2, paragraph (b), and steals while in the building, either directly or as an accomplice, commits burglary in the fourth degree and may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the person enters the building within one year after being told to leave the building and not return. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 13.

Minnesota Statutes 2022, section 609.595, subdivision 1a, is amended to read:

Subd. 1a.

Criminal damage to property in the second degree.

(a) Whoever intentionally causes damage described in subdivision 2, paragraph (a), deleted text begin because of the property owner's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origindeleted text end is guilty of a felony and may be sentenced to imprisonment for not more than one year and a day or to payment of a fine of not more than $3,000, or bothdeleted text begin .deleted text end new text begin , if the damage:new text end

new text begin (1) was committed in whole or in substantial part because of the property owner's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03; new text end

new text begin (2) was committed in whole or in substantial part because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03; or new text end

new text begin (3) was motivated in whole or in substantial part by an intent to intimidate or harm an individual or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03. new text end

(b) In any prosecution under paragraph (a), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 14.

Minnesota Statutes 2022, section 609.595, subdivision 2, is amended to read:

Subd. 2.

Criminal damage to property in the third degree.

(a) Except as otherwise provided in subdivision 1a, whoever intentionally causes damage to another person's physical property without the other person's consent may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if: (1) the damage reduces the value of the property by more than $500 but not more than $1,000 as measured by the cost of repair and replacement; or (2) the damage was to a public safety motor vehicle and the defendant knew the vehicle was a public safety motor vehicle.

(b) Whoever intentionally causes damage to another person's physical property without the other person's consent deleted text begin because of the property owner's or another's actual or perceived race, color, religion, sex, sexual orientation, disability as defined in section 363A.03, age, or national origindeleted text end may be sentenced to imprisonment for not more than one year or to payment of a fine of not more than $3,000, or both, if the damage reduces the value of the property by not more than $500deleted text begin .deleted text end new text begin and:new text end

new text begin (1) was committed in whole or in substantial part because of the property owner's or another's actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03; new text end

new text begin (2) was committed in whole or in substantial part because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03; or new text end

new text begin (3) was motivated in whole or in substantial part by an intent to intimidate or harm an individual or group of individuals because of actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03. new text end

(c) In any prosecution under paragraph (a), clause (1), the value of property damaged by the defendant in violation of that paragraph within any six-month period may be aggregated and the defendant charged accordingly in applying this section. When two or more offenses are committed by the same person in two or more counties, the accused may be prosecuted in any county in which one of the offenses was committed for all of the offenses aggregated under this paragraph.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 15.

Minnesota Statutes 2022, section 609.67, subdivision 1, is amended to read:

Subdivision 1.

Definitions.

(a) "Machine gun" means any firearm designed to discharge, or capable of discharging automatically more than once by a single function of the trigger.

(b) "Shotgun" means a weapon designed, redesigned, made or remade which is intended to be fired from the shoulder and uses the energy of the explosive in a fixed shotgun shell to fire through a smooth bore either a number of ball shot or a single projectile for each single pull of the trigger.

(c) "Short-barreled shotgun" means a shotgun having one or more barrels less than 18 inches in length and any weapon made from a shotgun if such weapon as modified has an overall length less than 26 inches.

(d) "Trigger activator" meansnew text begin :new text end

new text begin (1)new text end a removable manual or power driven trigger activating device constructed and designed so that, when attached to a firearm, the rate at which the trigger may be pulled increases and the rate of fire of the firearm increases to that of a machine gunnew text begin ; ornew text end

new text begin (2) a device that allows a semiautomatic firearm to shoot more than one shot with a single pull of the trigger or by harnessing the recoil of energy of the semiautomatic firearm to which it is affixed so that the trigger resets and continues firing without additional physical manipulation of the triggernew text end .

(e) "Machine gun conversion kit" means any part or combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled, but does not include a spare or replacement part for a machine gun that is possessed lawfully under section 609.67, subdivision 3.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to offenses that occur on or after that date. new text end

Sec. 16.

Minnesota Statutes 2022, section 609.67, subdivision 2, is amended to read:

Subd. 2.

Acts prohibited.

new text begin (a) new text end Except as otherwise provided herein, whoever owns, possesses, or operates a machine gun, new text begin or new text end any trigger activator or machine gun conversion kitdeleted text begin , or a short-barreled shotgundeleted text end may be sentenced to imprisonment for not more than deleted text begin fivedeleted text end new text begin 20new text end years or to payment of a fine of not more than deleted text begin $10,000deleted text end new text begin $35,000new text end , or both.

new text begin (b) Except as otherwise provided herein, whoever owns, possesses, or operates a short-barreled shotgun 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. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to offenses that occur on or after that date. new text end

Sec. 17.

Minnesota Statutes 2022, 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.

new text begin (e) A person is guilty of a gross misdemeanor who: new text end

new text begin (1) uses any device for photographing, recording, or broadcasting an image of an individual in a house or place of dwelling; a sleeping room of a hotel as defined in section 327.70, subdivision 3; a tanning booth; a bathroom; a locker room; a changing room; an indoor shower facility; or any place where a reasonable person would have an expectation of privacy; and new text end

new text begin (2) does so with the intent to photograph, record, or broadcast an image of the individual's intimate parts, as defined in section 609.341, subdivision 5, without the consent of the individual. new text end

new text begin (f) A person is guilty of a misdemeanor who: new text end

new text begin (1) surreptitiously installs or uses any device for observing, photographing, recording, or broadcasting an image of an individual's intimate parts, as defined in section 609.341, subdivision 5, or the clothing covering the immediate area of the intimate parts; new text end

new text begin (2) observes, photographs, or records the image under or around the individual's clothing; and new text end

new text begin (3) does so with intent to intrude upon or interfere with the privacy of the individual. new text end

deleted text begin (e)deleted text end new text begin (g)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more than two years or to payment of a fine of not more than $5,000, or both, if the person:

(1) violates deleted text begin this subdivisiondeleted text end new text begin paragraph (a), (b), (c), (d), or (e)new text end after a previous conviction under this subdivision or section 609.749; or

(2) violates deleted text begin this subdivisiondeleted text end new text begin paragraph (a), (b), (c), (d), or (e)new text end against a minor under the age of 18, knowing or having reason to know that the minor is present.

deleted text begin (f)deleted text end new text begin (h)new text end A person is guilty of a felony and may be sentenced to imprisonment for not more than four years or to payment of a fine of not more than $5,000, or both, if: (1) the person violates paragraph (b) deleted text begin ordeleted text end new text begin ,new text end (d)new text begin , or (e)new text end against a minor victim under the age of 18; (2) the person is more than 36 months older than the minor victim; (3) the person knows or has reason to know that the minor victim is present; and (4) the violation is committed with sexual intent.

new text begin (i) A person is guilty of a gross misdemeanor if the person: new text end

new text begin (1) violates paragraph (f) after a previous conviction under this subdivision or section 609.749; or new text end

new text begin (2) violates paragraph (f) against a minor under the age of 18, knowing or having reason to know that the victim is a minor. new text end

new text begin (j) A person is guilty of a felony if the person violates paragraph (f) after two or more convictions under this subdivision or section 609.749. new text end

deleted text begin (g) Paragraphsdeleted text end new text begin (k) Paragraphnew text end (b) deleted text begin anddeleted text end new text begin ,new text end (d) deleted text begin dodeleted text end new text begin , or (e) doesnew text end 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) deleted text begin anddeleted text end new text begin ,new text end (d)new text begin , and (e)new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 18.

Minnesota Statutes 2022, section 609.749, subdivision 3, is amended to read:

Subd. 3.

Aggravated violations.

(a) A person who commits any of the following acts is guilty of a felony and may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both:

(1) commits any offense described in subdivision 2 new text begin in whole or in substantial partnew text end because of the victim's or another's actual or perceived race, color, new text begin ethnicity, new text end religion, sex, new text begin gender, new text end sexual orientation, new text begin gender identity, gender expression, age, national origin, or new text end disability as defined in section 363A.03, deleted text begin age, or national origindeleted text end new text begin or because of the victim's actual or perceived association with another person or group of a certain actual or perceived race, color, ethnicity, religion, sex, gender, sexual orientation, gender identity, gender expression, age, national origin, or disability as defined in section 363A.03new text end ;

(2) commits any offense described in subdivision 2 by falsely impersonating another;

(3) commits any offense described in subdivision 2 and a dangerous weapon was used in any way in the commission of the offense;

(4) commits any offense described in subdivision 2 with intent to influence or otherwise tamper with a juror or a judicial proceeding or with intent to retaliate against a judicial officer, as defined in section 609.415, or a prosecutor, defense attorney, or officer of the court, because of that person's performance of official duties in connection with a judicial proceeding; or

(5) commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim.

(b) A person who commits any offense described in subdivision 2 against a victim under the age of 18, if the actor is more than 36 months older than the victim, and the act is committed with sexual or aggressive intent, is guilty of a felony and may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 19.

Minnesota Statutes 2022, section 609.78, subdivision 2a, is amended to read:

Subd. 2a.

Felony offense; reporting fictitious emergency resulting in serious injury.

Whoever violates subdivision 2, clause (2), is guilty of a felony and may be sentencednew text begin as follows:new text end

new text begin (1)new text end to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both, if the call triggers an emergency response and, as a result of the response, someone suffers great bodily harm or deathdeleted text begin .deleted text end new text begin ; ornew text end

new text begin (2) to imprisonment of not more than three years or to payment of a fine of not more than $10,000, or both, if the call triggers an emergency response and as a result of the response, someone suffers substantial bodily harm. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 20.

Minnesota Statutes 2022, section 617.22, is amended to read:

617.22 CONCEALING BIRTH.

deleted text begin Everydeleted text end new text begin Anynew text end person who deleted text begin shall endeavordeleted text end new text begin attemptsnew text end to conceal the birth of a child by any disposition of its dead body, deleted text begin whetherdeleted text end new text begin whennew text end the child died deleted text begin before ordeleted text end after its birth, shall be guilty of a misdemeanor. deleted text begin Every person who, having been convicted of endeavoring to conceal the stillbirth of any issue, or the death of any issue under the age of two years, shall, subsequent to that conviction, endeavor to conceal any subsequent birth or death, shall be punished by imprisonment for not more than five years.deleted text end new text begin This section does not apply to the disposition of remains resulting from an abortion or miscarriage.new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 21.

Minnesota Statutes 2022, section 617.26, is amended to read:

617.26 MAILING AND CARRYING OBSCENE MATTER.

Every person who shall deposit or cause to be deposited in any post office in the state, or place in charge of any express company or other common carrier or person for transportation, any of the articles or things specified in section deleted text begin 617.201 ordeleted text end 617.241, or any circular, book, pamphlet, advertisement or notice relating thereto, with the intent of having the same conveyed by mail, express, or in any other manner; or who shall knowingly or willfully receive the same with intent to carry or convey it, or shall knowingly carry or convey the same by express, or in any other manner except by United States mail, shall be guilty of a misdemeanor. The provisions of this section deleted text begin and section 617.201deleted text end shall not be construed to apply to an article or instrument used by physicians lawfully practicing, or by their direction or prescription, for the cure or prevention of disease.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 22.

Minnesota Statutes 2022, 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.

(e) Indictments or complaints for violation of sections 609.322, 609.342 to 609.345, and 609.3458 may be found or made at any time after the commission of the offense.

(f) Indictments or complaints for violation of sections 609.466 and 609.52, subdivision 2, paragraph (a), 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) Indictments or complaints for violation of section 609.2335, 609.52, subdivision 2, paragraph (a), 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, or for violation of section 609.527 where the offense involves eight or more direct victims or the total combined loss to the direct and indirect victims 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) 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) 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.

new text begin (j) Indictments or complaints for violation of section 609.746 shall be found or made and filed in the proper court within the later of three years after the commission of the offense or three years after the offense was reported to law enforcement authorities. new text end

deleted text begin (j)deleted text end new text begin (k)new text end 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.

deleted text begin (k)deleted text end new text begin (l)new text end 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.

deleted text begin (l)deleted text end new text begin (m)new text end 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.

deleted text begin (m)deleted text end new text begin (n)new text end 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date and to crimes committed before that date if the limitations period for the crime did not expire before August 1, 2023. new text end

Sec. 23.

new text begin TASK FORCE ON AIDING AND ABETTING FELONY MURDER. new text end

new text begin (a) Laws 2021, First Special Session chapter 11, article 2, section 53, subdivisions 2, 3, 4, and 5, are revived and reenacted on the effective date of this section to expand the focus of the task force's duties and work beyond the intersection of felony murder and aiding and abetting liability for felony murder to more generally apply to the broader issues regarding the state's felony murder doctrine and aiding and abetting liability schemes discussed in "Task Force on Aiding and Abetting Felony Murder," Report to the Minnesota Legislature, dated February 1, 2022, "The Task Force's recommendations," number 4. new text end

new text begin (b) On or before January 15, 2024, the task force shall submit a report to the chairs and ranking minority members of the house of representatives and senate committees and divisions with jurisdiction over crime and sentencing on the findings and recommendations of the task force. new text end

new text begin (c) The task force expires January 16, 2024, or the day after submitting its report under paragraph (b), whichever is earlier. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 24.

new text begin LIABILITY FOR MURDER COMMITTED BY ANOTHER; RETROACTIVE APPLICATION. new text end

new text begin Subdivision 1. new text end

new text begin Purpose. new text end

new text begin Any person convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), under the theory of liability for crimes of another and who is in the custody of the commissioner of corrections or under court supervision is entitled to petition to have the person's conviction vacated pursuant to this section. new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin As used in this section, "major participant" has the meaning given in Minnesota Statutes, section 609.05, subdivision 2a, paragraph (c). new text end

new text begin Subd. 3. new text end

new text begin Notification. new text end

new text begin (a) By December 1, 2023, the commissioner of corrections shall notify individuals convicted for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), of the right to file a preliminary application for relief if: new text end

new text begin (1) the person was convicted for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), and the person: new text end

new text begin (i) did not cause the death of a human being; and new text end

new text begin (ii) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with the intent to cause the death of a human being; or new text end

new text begin (2) the person was convicted for a violation of Minnesota Statutes, section 609.19, subdivision 2, clause (1), and the person: new text end

new text begin (i) did not cause the death of a human being; and new text end

new text begin (ii) was not a major participant in the underlying felony and did not act with extreme indifference to human life. new text end

new text begin (b) The notice shall include the address of the Ramsey County District Court court administration. new text end

new text begin (c) The commissioner of corrections may coordinate with the judicial branch to establish a standardized notification form. new text end

new text begin Subd. 4. new text end

new text begin Preliminary application. new text end

new text begin (a) An applicant shall submit a preliminary application to the Ramsey County District Court. The preliminary application must contain: new text end

new text begin (1) the applicant's name and, if different, the name under which the person was convicted; new text end

new text begin (2) the applicant's date of birth; new text end

new text begin (3) the district court case number of the case for which the person is seeking relief; new text end

new text begin (4) a statement as to whether the applicant was convicted following a trial or pursuant to a plea; new text end

new text begin (5) a statement as to whether the person filed a direct appeal from the conviction, a petition for postconviction relief, or both; new text end

new text begin (6) a brief statement, not to exceed 3,000 words, explaining why the applicant is entitled to relief under this section from a conviction for the death of a human being caused by another; and new text end

new text begin (7) the name and address of any attorney representing the applicant. new text end

new text begin (b) The preliminary application may contain: new text end

new text begin (1) the name, date of birth, and district court case number of any other person charged with, or convicted of, a crime arising from the same set of circumstances for which the applicant was convicted; and new text end

new text begin (2) a copy of a criminal complaint or indictment, or the relevant portions of a presentence investigation or life imprisonment report, describing the facts of the case for which the applicant was convicted. new text end

new text begin (c) The judicial branch may establish a standardized preliminary application form, but shall not reject a preliminary application for failure to use a standardized form. new text end

new text begin (d) Any person seeking relief under this section must submit a preliminary application no later than October 1, 2025. Submission is complete upon mailing. new text end

new text begin (e) Submission of a preliminary application shall be without costs or any fees charged to the applicant. new text end

new text begin Subd. 5. new text end

new text begin Review of preliminary application. new text end

new text begin (a) Upon receipt of a preliminary application, the court administrator of the Ramsey County District Court shall immediately direct attention of the filing thereof to the chief judge or judge acting on the chief judge's behalf who shall promptly assign the matter to a judge in said district. new text end

new text begin (b) The judicial branch may appoint a special master to review preliminary applications and may assign additional staff as needed to assist in the review of preliminary applications. new text end

new text begin (c) Within 90 days of the Ramsey County District Court receiving the preliminary application, the reviewing judge shall determine whether, in the discretion of that judge, there is a reasonable probability that the application is entitled to relief under this section. new text end

new text begin (d) In making the determination under paragraph (c), the reviewing judge shall consider the preliminary application and any materials submitted with the preliminary application and may consider relevant records in the possession of the judicial branch. new text end

new text begin (e) The court may summarily deny an application when: new text end

new text begin (1) the application does not contain the information required under subdivision 4, paragraph (a); new text end

new text begin (2) the applicant is not in the custody of the commissioner of corrections or under court supervision; new text end

new text begin (3) the applicant was not convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), for crimes committed before August 1, 2023; or new text end

new text begin (4) the issues raised in the application are not relevant to the relief available under this section or have previously been decided by the court of appeals or the supreme court in the same case. new text end

new text begin (f) The court may also summarily deny an application if the applicant has filed a second or successive preliminary application, any prior application was denied for a reason other than that it did not contain the information required under subdivision 4, paragraph (a), and: new text end

new text begin (1) the reviewing judge previously determined that there was a reasonable probability that the applicant was entitled to relief, but a court determined that the petitioner did not qualify for relief under subdivision 7; new text end

new text begin (2) a previous application was submitted by an attorney representing the applicant; or new text end

new text begin (3) the reviewing judge previously determined that there was not a reasonable probability that the applicant is entitled to relief, the second or successive preliminary application does not contain any additional information described in subdivision 4, paragraph (b), and the second or successive preliminary application was submitted by someone other than an attorney representing the applicant. new text end

new text begin (g) If the reviewing judge determines that there is a reasonable probability that the applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's attorney, if any, and the prosecutorial office responsible for prosecuting the applicant. In the event the applicant is without counsel, the reviewing judge shall send notice to the state public defender and shall advise the applicant of the referral. new text end

new text begin (h) If the reviewing judge determines that there is not a reasonable probability that the applicant is entitled to relief, the judge shall send notice to the applicant and the applicant's attorney, if any. The notice must contain a brief statement explaining the reasons the reviewing judge concluded that there is not a reasonable probability that the applicant is entitled to relief. new text end

new text begin Subd. 6. new text end

new text begin Petition for relief; hearing. new text end

new text begin (a) Unless extended for good cause, within 60 days of filing of the notice sent pursuant to subdivision 5, paragraph (g), the individual seeking relief shall file and serve a petition to vacate the conviction. The petition must be filed in the district court of the judicial district in the county where the conviction took place and must contain the information identified in subdivision 4, paragraph (a), and a statement of why the petitioner is entitled to relief. The petition may contain any other relevant information, including police reports, trial transcripts, and plea transcripts involving the petitioner or any other person investigated for, charged with, or convicted of a crime arising out of the same set of circumstances for which the petitioner was convicted. The filing of the petition and any document subsequent thereto and all proceedings thereon shall be without costs or any fees charged to the petitioner. new text end

new text begin (b) Upon filing of the petition, the prosecutor shall make a good faith and reasonable effort to notify any person determined to be a victim of the underlying offense that a petition has been filed. new text end

new text begin (c) A county attorney representing the prosecutorial office shall respond to the petition by answer or motion within 45 days after the filing of the petition pursuant to paragraph (a) unless extended for good cause. The response shall be filed with the court administrator of the district court and served on the petitioner if unrepresented or on the petitioner's attorney. The response may serve notice of the intent to support the petition or include a statement explaining why the petitioner is not entitled to relief along with any supporting documents. The filing of the response and any document subsequent thereto and all proceedings thereon shall be without costs or any fees charged to the county attorney. new text end

new text begin (d) The petitioner may file a reply to the response filed by the county attorney within 15 days after the response is filed, unless extended for good cause. new text end

new text begin (e) Within 30 days of the filing of the reply from the petition or, if no reply is filed, within 30 days of the filing of the response from the county attorney, the court shall: new text end

new text begin (1) issue an order and schedule the matter for sentencing or resentencing pursuant to subdivision 7 if the county attorney indicates an intent to support the petition; new text end

new text begin (2) issue an order denying the petition if additional information or submissions establish that there is not a reasonable probability that the applicant is entitled to relief under this section and include a memorandum identifying the additional information or submissions and explaining the reasons why the court concluded that there is not a reasonable probability that the applicant is entitled to relief; or new text end

new text begin (3) schedule the matter for a hearing and issue any appropriate order regarding submission of evidence or identification of witnesses. new text end

new text begin (f) The hearing shall be held in open court and conducted pursuant to Minnesota Statutes, section 590.04, except that the petitioner must be present at the hearing, unless excused under Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). The prosecutor shall make a good faith and reasonable effort to notify any person determined to be a victim of the hearing. new text end

new text begin Subd. 7. new text end

new text begin Determination; order; resentencing. new text end

new text begin (a) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), is entitled to relief if the petitioner shows by a preponderance of the evidence that the petitioner: new text end

new text begin (1) did not cause the death of a human being; and new text end

new text begin (2) did not intentionally aid, advise, hire, counsel, or conspire with or otherwise procure another with the intent to cause the death of a human being. new text end

new text begin (b) A petitioner who was convicted of a violation of Minnesota Statutes, section 609.19, subdivision 2, clause (1), is entitled to relief if the petitioner shows by a preponderance of the evidence that the petitioner: new text end

new text begin (1) did not cause the death of a human being; and new text end

new text begin (2) was not a major participant in the underlying felony and did not act with extreme indifference to human life. new text end

new text begin (c) If the court determines that the petitioner does not qualify for relief, the court shall issue an order denying the petition. If the court determines that the petitioner is entitled to relief, the court shall issue an order vacating the conviction for a violation of Minnesota Statutes, section 609.185, paragraph (a), clause (3), or 609.19, subdivision 2, clause (1), and either: new text end

new text begin (1) resentence the petitioner for the most serious remaining offense for which the petitioner was convicted; or new text end

new text begin (2) enter a conviction and impose a sentence for any other predicate felony arising out of the course of conduct that served as the factual basis for the conviction vacated by the court. new text end

new text begin (d) The new sentence announced by the court under this section must be for the most serious predicate felony unless the most serious remaining offense for which the petitioner was convicted is that offense or a more serious offense. new text end

new text begin (e) If, pursuant to paragraph (c), the court either resentences a petitioner or imposes a sentence, the court shall also resentence the petitioner for any other offense if the sentence was announced by a district court of the same county, the sentence was either ordered to be served consecutively to the vacated conviction or the criminal history calculation for that sentence included the vacated sentence, and the changes made pursuant to paragraph (c) would have resulted in a different criminal history score being used at the time of sentencing. new text end

new text begin (f) The court shall state in writing or on the record the reasons for its decision on the petition. new text end

new text begin (g) If the court intends to resentence a petitioner or impose a sentence on a petitioner, the court must hold the hearing at a time that allows any victim an opportunity to submit a statement consistent with Minnesota Statutes, section 611A.038. The prosecutor shall make a good faith and reasonable effort to notify any person determined to be a victim of the hearing and the right to submit or make a statement. A sentence imposed under this subdivision shall not increase the petitioner's total period of confinement or, if the petitioner was serving a stayed sentence, increase the period of supervision. The court may increase the period of confinement for a sentence that was ordered to be served consecutively to the vacated conviction based on a change in the appropriate criminal history score provided the court does not increase the petitioner's total period of confinement. A person resentenced under this paragraph is entitled to credit for time served in connection with the vacated offense. new text end

new text begin (h) Relief granted under this section shall not be treated as an exoneration for purposes of the Incarceration and Exoneration Remedies Act. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 25.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2022, sections 609.293, subdivisions 1 and 5; 609.34; 609.36; 617.20; 617.201; 617.202; 617.21; 617.28; and 617.29, new text end new text begin are repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

ARTICLE 5

PUBLIC SAFETY AND CRIME VICTIMS

Section 1.

Minnesota Statutes 2022, section 144.6586, subdivision 2, is amended to read:

Subd. 2.

Contents of notice.

The commissioners of health and public safety, in consultation with sexual assault victim advocates and health care professionals, shall develop the notice required by subdivision 1. The notice must inform the victim, at a minimum, of:

(1) the obligation under section 609.35 of the deleted text begin county where the criminal sexual conduct occurreddeleted text end new text begin statenew text end to pay for the examination performed for the purpose of gathering evidence, that payment is not contingent on the victim reporting the criminal sexual conduct to law enforcement, and that the victim may incur expenses for treatment of injuries;

(2) the victim's rights if the crime is reported to law enforcement, including the victim's right to apply for reparations under sections 611A.51 to 611A.68, information on how to apply for reparations, and information on how to obtain an order for protection or a harassment restraining order; and

(3) the opportunity under section 611A.27 to obtain status information about an unrestricted sexual assault examination kit, as defined in section 299C.106, subdivision 1, paragraph (h).

Sec. 2.

Minnesota Statutes 2022, section 145.4712, is amended to read:

145.4712 EMERGENCY CARE TO SEXUAL ASSAULT VICTIMS.

Subdivision 1.

Emergency care to female sexual assault victims.

(a) It shall be the standard of care for all hospitals new text begin and other health care providers new text end that provide emergency care to, at a minimum:

(1) provide each female sexual assault victim with medically and factually accurate and unbiased written and oral information about emergency contraception from the American College of Obstetricians and Gynecologists and distributed to all hospitals by the Department of Health;

(2) orally inform each female sexual assault victim of the option of being provided with emergency contraception at the hospitalnew text begin or other health care facilitynew text end ; and

(3) immediately provide emergency contraception to each sexual assault victim who requests it provided it is not medically contraindicated and is ordered by a legal prescriber. Emergency contraception shall be administered in accordance with current medical protocols regarding timing and dosage necessary to complete the treatment.

(b) A hospital new text begin or health care provider new text end may administer a pregnancy test. If the pregnancy test is positive, the hospital new text begin or health care provider new text end does not have to comply with the provisions in paragraph (a).

Subd. 2.

Emergency care to male and female sexual assault victims.

It shall be the standard of care for all hospitals new text begin and health care providers new text end that provide emergency care to, at a minimum:

(1) provide each sexual assault victim with factually accurate and unbiased written and oral medical information about prophylactic antibiotics for treatment of sexually transmitted deleted text begin diseasesdeleted text end new text begin infectionsnew text end ;

(2) orally inform each sexual assault victim of the option of being provided prophylactic antibiotics for treatment of sexually transmitted deleted text begin diseasesdeleted text end new text begin infectionsnew text end at the hospitalnew text begin or other health care facilitynew text end ; and

(3) immediately provide prophylactic antibiotics for treatment of sexually transmitted deleted text begin diseasesdeleted text end new text begin infectionsnew text end to each sexual assault victim who requests it, provided it is not medically contraindicated and is ordered by a legal prescriber.

Sec. 3.

Minnesota Statutes 2022, section 169A.40, subdivision 3, is amended to read:

Subd. 3.

Certain DWI offenders; custodial arrest.

new text begin (a) new text end Notwithstanding rule 6.01 of the Rules of Criminal Procedure, a peace officer acting without a warrant who has decided to proceed with the prosecution of a person for violating section 169A.20 (driving while impaired), shall arrest and take the person into custodydeleted text begin , and the person must be detained until the person's first court appearance,deleted text end if the officer has reason to believe that the violation occurred:

(1) under the circumstances described in section 169A.24 (first-degree driving while impaired) deleted text begin ordeleted text end new text begin ;new text end

new text begin (2) under the circumstances described in sectionnew text end 169A.25 (second-degree driving while impaired);

deleted text begin (2)deleted text end new text begin (3)new text end under the circumstances described in section 169A.26 (third-degree driving while impaired) if the person is under the age of 19;

deleted text begin (3)deleted text end new text begin (4)new text end in the presence of an aggravating factor described in section 169A.03, subdivision 3, clause (2) or (3); or

deleted text begin (4)deleted text end new text begin (5)new text end while the person's driver's license or driving privileges have been canceled under section 171.04, subdivision 1, clause (10) (persons not eligible for drivers' licenses, inimical to public safety).

new text begin (b) A person described in paragraph (a), clause (1) or (5), must be detained until the person's first court appearance. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 4.

Minnesota Statutes 2022, section 169A.41, subdivision 1, is amended to read:

Subdivision 1.

When authorized.

When a peace officer has reason to believe from the manner in which a person is driving, operating, controlling, or acting upon departure from a motor vehicle, or has driven, operated, or controlled a motor vehicle, that the driver may be violating or has violated section 169A.20 (driving while impaired), 169A.31 (alcohol-related school bus or Head Start bus driving), or 169A.33 (underage drinking and driving),new text begin or an alcohol-related violation of section 221.0314 or 221.605 committed by a driver of a commercial vehicle,new text end the officer may require the driver to provide a sample of the driver's breath for a preliminary screening test using a device approved by the commissioner for this purpose.

Sec. 5.

Minnesota Statutes 2022, section 169A.41, subdivision 2, is amended to read:

Subd. 2.

Use of test results.

The results of this preliminary screening test must be used for the purpose of deciding whether an arrest should be made and whether to require the tests authorized in section 169A.51 (chemical tests for intoxication), but must not be used in any court action except the following:

(1) to prove that a test was properly required of a person pursuant to section 169A.51, subdivision 1;

(2) in a civil action arising out of the operation or use of the motor vehicle;

(3) in an action for license reinstatement under section 171.19;

(4) in a prosecution for a violation of section 169A.20, subdivision 2 (driving while impaired; test refusal);

(5) in a prosecution or juvenile court proceeding concerning a violation of section 169A.33 (underage drinking and driving), or 340A.503, subdivision 1, paragraph (a), clause (2) (underage alcohol consumption);

(6) in a prosecution under section 169A.31 (alcohol-related school or Head Start bus driving), or 171.30 (limited license); deleted text begin ordeleted text end

(7) in a prosecution for a violation of a restriction on a driver's license under section 171.09, which provides that the license holder may not use or consume any amount of alcohol or a controlled substancedeleted text begin .deleted text end new text begin ; ornew text end

new text begin (8) in a prosecution for a violation of Code of Federal Regulations, title 49, part 392, as adopted in sections 221.0314, subdivision 6, and 221.605. new text end

Sec. 6.

Minnesota Statutes 2022, section 169A.44, is amended to read:

169A.44 CONDITIONAL RELEASE.

Subdivision 1.

Nonfelony violations.

(a) This subdivision applies to a person charged with a nonfelony violation of section 169A.20 (driving while impaired) under circumstances described in section 169A.40, subdivision 3 (certain DWI offenders; custodial arrest).

(b)new text begin Except as provided in subdivision 3,new text end unless maximum bail is imposed under section 629.471, a person described in paragraph (a) may be released from detention only if the person agrees to:

(1) abstain from alcohol; and

(2) submit to a program of electronic alcohol monitoring, involving at least daily measurements of the person's alcohol concentration, pending resolution of the charge.

Clause (2) applies only when electronic alcohol-monitoring equipment is available to the court. The court shall require partial or total reimbursement from the person for the cost of the electronic alcohol monitoring, to the extent the person is able to pay.

Subd. 2.

Felony violations.

(a)new text begin Except as provided in subdivision 3,new text end a person charged with violating section 169A.20 within ten years of the first of three or more qualified prior impaired driving incidents may be released from detention only if the following conditions are imposed:

(1) the conditions described in subdivision 1, paragraph (b), if applicable;

(2) the impoundment of the registration plates of the vehicle used to commit the violation, unless already impounded;

(3) if the vehicle used to commit the violation was an off-road recreational vehicle or a motorboat, the impoundment of the off-road recreational vehicle or motorboat;

(4) a requirement that the person report weekly to a probation agent;

(5) a requirement that the person abstain from consumption of alcohol and controlled substances and submit to random alcohol tests or urine analyses at least weekly;

(6) a requirement that, if convicted, the person reimburse the court or county for the total cost of these services; and

(7) any other conditions of release ordered by the court.

(b) In addition to setting forth conditions of release under paragraph (a), if required by court rule, the court shall also fix the amount of money bail without other conditions upon which the defendant may obtain release.

new text begin Subd. 3. new text end

new text begin Exception; ignition interlock program. new text end

new text begin (a) A court is not required, either when initially reviewing a person's release or when modifying the terms of the person's release, to order a person charged with violating section 169A.24 (first-degree driving while impaired), 169A.25 (second-degree driving while impaired), or 169A.26 (third-degree driving while impaired) to submit to a program of electronic alcohol monitoring under subdivision 1 or 2 if the person becomes a program participant in the ignition interlock program under section 171.306. new text end

new text begin (b) A judicial officer, county agency, or probation office may not require or suggest that the person use a particular ignition interlock vendor when complying with this subdivision but may provide the person with a list of all Minnesota vendors of certified devices. new text end

new text begin (c) Paragraph (b) does not apply in counties where a contract exists for a specific vendor to provide interlock device service for program participants who are indigent pursuant to section 171.306, subdivision 2, paragraph (b), clause (1). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 7.

Minnesota Statutes 2022, section 169A.60, subdivision 2, is amended to read:

Subd. 2.

Plate impoundment violation; impoundment order.

(a) The commissioner shall issue a registration plate impoundment order when:

(1) a person's driver's license or driving privileges are revoked for a plate impoundment violation;

(2) a person is arrested for or charged with a plate impoundment violation described in subdivision 1, paragraph (d), clause (5); or

(3) a person issued new registration plates pursuant to subdivision 13, paragraph (f), violates the terms of the ignition interlock program as described in subdivision 13, paragraph (g).

(b) The order must require the impoundment of the registration plates of the motor vehicle involved in the plate impoundment violation deleted text begin and all motor vehicles owned by, registered, or leased in the name of the violator, including motor vehicles registered jointly or leased in the name of the violator and anotherdeleted text end . The commissioner shall not issue an impoundment order for the registration plates of a rental vehicle, as defined in section 168.041, subdivision 10, or a vehicle registered in another state.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to acts occurring on or after that date. new text end

Sec. 8.

Minnesota Statutes 2022, section 171.306, is amended by adding a subdivision to read:

new text begin Subd. 9. new text end

new text begin Choice of vendor. new text end

new text begin (a) A judicial officer, county agency, or probation office may not require or suggest that a person participating in the ignition interlock program under this section use a particular ignition interlock vendor but may provide the person with a list of all Minnesota vendors of certified devices. new text end

new text begin (b) Paragraph (a) does not apply in counties where a contract exists for a specific vendor to provide interlock device service for program participants who are indigent pursuant to subdivision 2, paragraph (b), clause (1). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 9.

Minnesota Statutes 2022, section 256I.04, subdivision 2g, is amended to read:

Subd. 2g.

Crisis shelters.

Secure crisis shelters for deleted text begin battered womendeleted text end new text begin victims of domestic abusenew text end and their children designated by the Minnesota Department of deleted text begin Correctionsdeleted text end new text begin Public Safetynew text end are not eligible for housing support under this chapter.

Sec. 10.

Minnesota Statutes 2022, section 297I.06, subdivision 1, is amended to read:

Subdivision 1.

Insurance policies surcharge.

(a) Except as otherwise provided in subdivision 2, each licensed insurer engaged in writing policies of homeowner's insurance authorized in section 60A.06, subdivision 1, clause (1)(c), or commercial fire policies or commercial nonliability policies shall collect a surcharge as provided in this paragraph. deleted text begin Through June 30, 2013,deleted text end The surcharge is equal to 0.65 percent of the gross premiums and assessments, less return premiums, on direct business received by the company, or by its agents for it, for homeowner's insurance policies, commercial fire policies, and commercial nonliability insurance policies in this state. deleted text begin Beginning July 1, 2013, the surcharge is 0.5 percent.deleted text end

(b) The surcharge amount collected under paragraph (a) or subdivision 2, paragraph (b), may not be considered premium for any other purpose. The surcharge amount under paragraph (a) must be separately stated on either a billing or policy declaration or document containing similar information sent to an insured.

(c) Amounts collected by the commissioner under this section must be deposited in the fire safety account established pursuant to subdivision 3.

Sec. 11.

new text begin [299A.012] ACCEPTANCE OF PRIVATE FUNDS; APPROPRIATION. new text end

new text begin (a) The commissioner may accept donations, nonfederal grants, bequests, and other gifts of money to carry out the purposes of chapter 299A. The commissioner may not accept any contributions under this section unless the contributions can be applied to divisions and programs that are related to statutory duties of the department. Donations, nonfederal grants, bequests, or other gifts of money accepted by the commissioner must be deposited in an account in the special revenue fund and are appropriated to the commissioner for the purpose for which the money was given if the department is authorized to conduct that activity under this chapter. new text end

new text begin (b) By January 15 of each year, the commissioner shall report to the chairs and ranking minority members of the senate and house of representatives committees with jurisdiction over public safety policy and finance on the money received under this section, the sources of the money, and the specific purposes for which it was used. new text end

Sec. 12.

Minnesota Statutes 2022, section 299A.296, is amended to read:

299A.296 COMMUNITY CRIME new text begin INTERVENTION AND new text end PREVENTION PROGRAMS; GRANTS.

Subdivision 1.

Programs.

The commissioner shalldeleted text begin , in consultation with the chemical abuse and violence prevention council,deleted text end administer a grant program to fund community-based programs that deleted text begin are designed to enhance the community's sense of personal security and to assist the community in its crime control and prevention effortsdeleted text end new text begin operate crime or violence prevention and intervention programs that provide direct services to community members. Programs must be culturally competent and identify specific outcomes that can be tracked and measured to demonstrate the impact the program has on community crime and violencenew text end . Examples of qualifying programs include, but are not limited to, the following:

(1) community-based programs designed to provide services for children deleted text begin under 14 years of agedeleted text end new text begin and youthnew text end who are juvenile offenders deleted text begin or who are at risk of becoming juvenile offendersdeleted text end . The programs must give priority to:

(i) juvenile restitution;

(ii) prearrest or pretrial diversion, including through mediation;

(iii) probation innovation;

(iv) teen courts, community service; or

(v) post-incarceration alternatives to assist youth in returning to their communities;

(2) community-based programs designed to provide at-risk children and youth deleted text begin under 14 years of agedeleted text end with after-school and summer enrichment activities;

(3) community-based programs designed to discourage young people from involvement in unlawful drug or street gang activities, such as neighborhood youth centers;

(4) neighborhood block clubs and innovative community-based crime prevention programs;

(5) community- and school-based programs designed to enrich the educational, cultural, or recreational opportunities of at-risk children and youth, including programs designed to keep at-risk youth from dropping out of school and encourage school dropouts to return to school;

(6) community-based programs designed to intervene with juvenile offenders who are identified as likely to engage in repeated criminal activity in the future unless intervention is undertaken;

(7) community-based collaboratives that coordinate multiple programs and funding sources to address the needs of at-risk children and youth, including, but not limited to, collaboratives that address the continuum of services for juvenile offenders and those who are at risk of becoming juvenile offenders;

(8) programs that are proven successful at increasing the rate of school success or the rate of postsecondary education attendance for high-risk students;

(9) deleted text begin community-based programs that provide services todeleted text end homeless deleted text begin youthdeleted text end new text begin assistance programsnew text end ;

(10) programs designed to reduce truancy;

(11) other community- and school-based crime prevention programs that are innovative and encourage substantial involvement by members of the community served by the program;

(12) community-based programs that attempt to prevent and new text begin educate on the risks of sex trafficking, new text end ameliorate the effects of deleted text begin teenage prostitutiondeleted text end new text begin sex trafficking, or bothnew text end ;

(13) programs for mentoring at-risk youth, including youth at risk of gang involvement; deleted text begin anddeleted text end

(14) programs operated by community violence prevention councilsnew text begin ;new text end

new text begin (15) programs that intervene in volatile situations to mediate disputes before they become violent; and new text end

new text begin (16) programs that provide services to individuals and families harmed by gun violencenew text end .

Subd. 2.

Grant procedure.

(a) A local unit of government or a nonprofit community-based entity may apply for a grant by submitting an application with the commissioner. The applicant shall specify the following in its application:

(1) a description of each program for which funding is sought;

(2) new text begin specific new text end outcomes and performance indicators for the program;

(3) a description of the planning process that identifies local community needs, surveys existing programs, provides for coordination with existing programs, and involves all affected sectors of the community;

(4) the geographical area to be served by the program;new text begin andnew text end

(5) deleted text begin statistical information as to the number of arrests in the geographical area for violent crimes and for crimes involving Schedule I and II controlled substances. "Violent crime" includes a violation of or an attempt or conspiracy to violate any of the following laws: sections 609.185; 609.19; 609.195; 609.20; 609.205; 609.2112; 609.2113; 609.2114; 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; 609.687; or any provision of chapter 152 that is punishable by a maximum sentence greater than ten years; or Minnesota Statutes 2012, section 609.21; anddeleted text end new text begin crime data or other statistical information to demonstrate the need for the proposed services.new text end

deleted text begin (6) the number of economically disadvantaged youth in the geographical areas to be served by the program. deleted text end

(b) The commissioner shall give priority to funding community-based collaboratives, programs that demonstrate deleted text begin substantialdeleted text end involvement by members of the community served by the programnew text begin , programs that have local government or law enforcement support, community intervention and prevention programs that are reducing disparities in the communities they serve,new text end and programs that deleted text begin either serve the geographical areas that have the highest crime rates, as measured by the data supplied under paragraph (a), clause (5), or serve geographical areas that have the largest concentrations of economically disadvantaged youth. Up to 2.5 percent of the appropriation may be used by the commissioner to administer the programdeleted text end new text begin serve communities disproportionately impacted by violent crimenew text end .

Sec. 13.

Minnesota Statutes 2022, section 299A.38, is amended to read:

299A.38 SOFT BODY ARMOR REIMBURSEMENT.

Subdivision 1.

Definitions.

As used in this section:

deleted text begin (a)deleted text end new text begin (1)new text end "commissioner" means the commissioner of public safetydeleted text begin .deleted text end new text begin ;new text end

new text begin (2) "firefighter" means a volunteer, paid on-call, part-time, or career firefighter serving a general population within the boundaries of the state; new text end

deleted text begin (b)deleted text end new text begin (3)new text end "peace officer" means a person who is licensed under section 626.84, subdivision 1, paragraph (c)deleted text begin .deleted text end new text begin ;new text end

new text begin (4) "public safety officer" means a peace officer, firefighter, or qualified emergency medical service provider; new text end

new text begin (5) "qualified emergency medical service provider" means a person certified under section 144E.28 who is actively employed by a Minnesota licensed ambulance service; and new text end

deleted text begin (c)deleted text end new text begin (6)new text end "vest" means bullet-resistant soft body armor that is flexible, concealable, and custom fitted to the deleted text begin peacedeleted text end new text begin public safetynew text end officer to provide ballistic and trauma protection.

Subd. 2.

State and local reimbursement.

deleted text begin Peacedeleted text end new text begin Public safetynew text end officers and heads of deleted text begin local law enforcementdeleted text end agencies new text begin and entities new text end who buy vests for the use of deleted text begin peacedeleted text end new text begin public safetynew text end 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 $600, as adjusted according to subdivision 2a. The deleted text begin political subdivisiondeleted text end new text begin agency or entitynew text end that employs the deleted text begin peacedeleted text end new text begin public safetynew text end officer shall pay at least the lesser of one-half of the vest's purchase price or $600, as adjusted according to subdivision 2a. The deleted text begin political subdivisiondeleted text end new text begin employernew text end may not deduct or pay its share of the vest's cost from any clothing, maintenance, or similar allowance otherwise provided to the deleted text begin peacedeleted text end new text begin public safetynew text end officer by the deleted text begin law enforcement agencydeleted text end new text begin employernew text end .

Subd. 2a.

Adjustment of reimbursement amount.

On October 1, 2006, the commissioner of public safety shall adjust the $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.

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 deleted text begin peacedeleted text end new text begin public safetynew text end 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 five years old.

(c) The requirement set forth in paragraph (b), clauses (1) and (2), shall not apply to any deleted text begin peacedeleted text end new text begin public safetynew text end officer who purchases a vest constructed from a zylon-based material, provided that the deleted text begin peacedeleted text end new text begin public safetynew text end officer provides proof of purchase or possession of the vest prior to July 1, 2005.

Subd. 4.

Rules.

The commissioner may adopt rules under chapter 14 to administer this section.

Subd. 5.

Limitation of liability.

A state agency, political subdivision of the state, deleted text begin ordeleted text end state or local government employeenew text begin , or other entitynew text end that provides reimbursement for purchase of a vest under this section is not liable to a deleted text begin peacedeleted text end new text begin public safetynew text end officer or the deleted text begin peacedeleted text end new text begin public safetynew text end officer's heirs for negligence in the death of or injury to the deleted text begin peacedeleted text end new text begin public safetynew text end officer because the vest was defective or deficient.

Subd. 6.

Right to benefits unaffected.

A deleted text begin peacedeleted text end new text begin public safetynew text end officer who is reimbursed for the purchase of a vest under this section and who suffers injury or death because the officer failed to wear the vest, or because the officer wore a vest that was defective or deficient, may not lose or be denied a benefit or right, including a benefit under section 299A.44, to which the officer, or the officer's heirs, is otherwise entitled.

Sec. 14.

Minnesota Statutes 2022, section 299A.41, subdivision 3, is amended to read:

Subd. 3.

Killed in the line of duty.

new text begin (a) new text end "Killed in the line of duty" does not include deaths from natural causes, except as provided in this subdivision. In the case of a public safety officer, killed in the line of duty includes the death of a public safety officer caused by accidental means while the public safety officer is acting in the course and scope of duties as a public safety officer. Killed in the line of duty also means if a public safety officer dies as the direct and proximate result of a heart attack, stroke, or vascular rupture, that officer shall be presumed to have died as the direct and proximate result of a personal injury sustained in the line of duty if:

(1) that officer, while on duty:

(i) engaged in a situation, and that engagement involved nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, hazardous material response, emergency medical services, prison security, disaster relief, or other emergency response activity; or

(ii) participated in a training exercise, and that participation involved nonroutine stressful or strenuous physical activity;

(2) that officer died as a result of a heart attack, stroke, or vascular rupture suffered:

(i) while engaging or participating under clause (1);

(ii) while still on duty after engaging or participating under clause (1); or

(iii) not later than 24 hours after engaging or participating under clause (1); and

(3) the presumption is not overcome by competent medical evidence to the contrary.

new text begin (b) "Killed in the line of duty" also means that the officer died due to suicide: new text end

new text begin (1) secondary to a diagnosis of posttraumatic stress disorder as described in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; or new text end

new text begin (2) within 45 days of the end of exposure, while on duty, to a traumatic event. new text end

Sec. 15.

Minnesota Statutes 2022, section 299A.41, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Traumatic event. new text end

new text begin "Traumatic event" means: new text end

new text begin (1) a homicide, suicide, or the violent or gruesome death of another individual, including but not limited to a death resulting from a mass casualty event, mass fatality event, or mass shooting; new text end

new text begin (2) a harrowing circumstance posing an extraordinary and significant danger or threat to the life of or of serious bodily harm to any individual, including but not limited to a death resulting from a mass casualty event, mass fatality event, or mass shooting; or new text end

new text begin (3) an act of criminal sexual violence committed against any individual. new text end

Sec. 16.

Minnesota Statutes 2022, section 299A.48, is amended to read:

299A.48 CITATION.

Sections 299A.48 to 299A.52 and 299K.095 may be cited as the "Minnesota deleted text begin Hazardous Materialsdeleted text end new text begin Emergencynew text end Incident Response Act."

Sec. 17.

Minnesota Statutes 2022, section 299A.49, is amended to read:

299A.49 DEFINITIONS.

Subdivision 1.

Scope.

For the purposes of sections 299A.48 to 299A.52 and 299K.095, the following terms have the meanings given deleted text begin themdeleted text end .

new text begin Subd. 1a. new text end

new text begin Bomb squad. new text end

new text begin "Bomb squad" means a team trained, equipped, and authorized by the commissioner to evaluate and provide disposal operations for bombs or other similar hazardous explosives. Bomb squad includes a bomb disposal unit as defined in section 299C.063. new text end

deleted text begin Subd. 2. deleted text end

deleted text begin Chemical assessment team. deleted text end

deleted text begin "Chemical assessment team" means a team (1) trained, equipped, and authorized to evaluate and, when possible, provide simple mitigation to a hazardous materials incident and (2) required to recommend to the local incident manager the best means of controlling the hazard after consideration of life safety concerns, environmental effects, exposure hazards, quantity and type of hazardous material, availability of resources, or other relevant factors. deleted text end

Subd. 3.

Commissioner.

"Commissioner" means the commissioner of public safety.

new text begin Subd. 3a. new text end

new text begin Emergency response incident. new text end

new text begin "Emergency response incident" means any incident to which the response of a state emergency response asset is required. new text end

Subd. 4.

Hazardous materials.

"Hazardous materials" means substances or materials that, because of their chemical, physical, or biological nature, pose a potential risk to life, health, or property if they are released. "Hazardous materials" includes any substance or material in a particular form or quantity that may pose an unreasonable risk to health, safety, and property, or any substance or material in a quantity or form that may be harmful to humans, animals, crops, water systems, or other elements of the environment if accidentally or intentionally released. Hazardous substances so designated may include explosives, radioactive materials, etiologic agents, flammable liquids or solids, combustible liquids or solids, poisons, oxidizing or corrosive materials, chemical and biological substances, and toxic or flammable gases.

new text begin Subd. 4a. new text end

new text begin Hazardous materials emergency response team. new text end

new text begin "Hazardous materials emergency response team" means a team (1) trained, equipped, and authorized to evaluate and, when possible, provide practical mitigation to a hazardous materials incident and (2) required to recommend to the local incident manager the best means of controlling the hazard after consideration of life safety concerns, environmental effects, exposure hazards, quantity and type of hazardous material, availability of resources, and other relevant factors. new text end

Subd. 5.

Local unit of government.

"Local unit of government" means a county, home rule charter or statutory city, or town.

new text begin Subd. 5a. new text end

new text begin Minnesota air rescue team. new text end

new text begin "Minnesota air rescue team" means a team trained, equipped, and authorized by the commissioner to perform specialized air rescue operations. new text end

Subd. 6.

Person.

"Person" means any individual, partnership, association, public or private corporation or other entity including the United States government, any interstate body, the state, and any agency, department, or political subdivision of the state.

deleted text begin Subd. 7. deleted text end

deleted text begin Regional Hazardous materials response team. deleted text end

deleted text begin "Regional hazardous materials response team" means a team trained and equipped to respond to and mitigate a hazardous materials release. A regional hazardous materials response team may include strategically located chemical assessment teams. deleted text end

new text begin Subd. 8. new text end

new text begin State emergency response asset. new text end

new text begin "State emergency response asset" means any team or teams defined under this section. new text end

new text begin Subd. 9. new text end

new text begin Urban search and rescue team (USAR). new text end

new text begin "Urban search and rescue team" or "USAR" means a team trained and equipped to respond to and carry out rescue and recovery operations at the scene of a collapsed structure. A USAR team may include strategically located fire department assets combined under one joint powers agreement. new text end

Sec. 18.

Minnesota Statutes 2022, section 299A.50, is amended to read:

299A.50 RESPONSE PLAN.

Subdivision 1.

Elements of plan; rules.

After consultation with the commissioners of natural resources, agriculture, transportation, and the Pollution Control Agency, the state fire marshal, the Emergency Response Commission, appropriate technical emergency response representatives, and representatives of affected parties, the commissioner shall adopt rules to implement a statewide hazardous materials incident response plan. The plan must include:

(1) the locations of deleted text begin up to five regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams, based on the location of hazardous materials, response time, proximity to large population centers, and other factors;

(2) the number and qualifications of members on each team;

(3) the responsibilities of deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;

(4) equipment needed for deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;

(5) procedures for selecting and contracting with local governments or nonpublic persons to establish deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response teams;

(6) procedures for dispatching teams at the request of local governments;

(7) a fee schedule for reimbursing local governments or nonpublic persons responding to an incident; and

(8) coordination with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, and other nonpublic persons.

Subd. 2.

Contract and agreement.

The commissioner may cooperate with and enter into contracts with other state departments and agencies, local units of government, other states, Indian tribes, the federal government, or nonpublic persons to implement thenew text begin emergency incidentnew text end response plan.

Subd. 3.

Long-term oversight; transition.

When a deleted text begin regionaldeleted text end hazardous materialsnew text begin emergencynew text end response team has completed its response to an incident, the commissioner shall notify the commissioner of the Pollution Control Agency, which is responsible for assessing environmental damage caused by the incident and providing oversight of monitoring and remediation of that damage from the time the response team has completed its activities.

Sec. 19.

Minnesota Statutes 2022, section 299A.51, is amended to read:

299A.51 LIABILITY AND WORKERS' COMPENSATION.

Subdivision 1.

Liability.

During operations authorized under section 299A.50, members of a deleted text begin regional hazardous materials teamdeleted text end new text begin state emergency response assetnew text end operating outside their geographic jurisdiction are "employees of the state" as defined in section 3.736.

Subd. 2.

Workers' compensation.

During operations authorized under section 299A.50, members of a deleted text begin regional hazardous materials teamdeleted text end new text begin state emergency response assetnew text end operating outside their geographic jurisdiction are considered employees of the Department of Public Safety for purposes of chapter 176.

Subd. 3.

Limitation.

A person who provides personnel and equipment to assist at the scene of deleted text begin a hazardous materialsdeleted text end new text begin an emergencynew text end response incident outside the person's geographic jurisdiction or property, at the request of the state or a local unit of government, is not liable for any civil damages resulting from acts or omissions in providing the assistance, unless the person acts in a willful and wanton or reckless manner in providing the assistance.

Sec. 20.

Minnesota Statutes 2022, section 299A.52, is amended to read:

299A.52 RESPONSIBLE deleted text begin PERSONdeleted text end new text begin PARTYnew text end .

Subdivision 1.

Response liability.

A responsible deleted text begin persondeleted text end new text begin partynew text end , as described in section 115B.03, is liable for the reasonable and necessary costs, including legal and administrative costs, of response to deleted text begin a hazardous materialsdeleted text end new text begin an emergency responsenew text end incidentnew text begin or explosives disposal under section 299C.063new text end incurred by a deleted text begin regional hazardous materials response teamdeleted text end new text begin state emergency response assetnew text end or local unit of government. For the purposes of this section, "hazardous substance" as used in section 115B.03 means "hazardous material" as defined in section 299A.49.

Subd. 2.

Expense recovery.

The commissioner shall assess the responsible deleted text begin persondeleted text end new text begin partynew text end for deleted text begin the regional hazardous materials response teamdeleted text end new text begin an emergency response asset'snew text end costs of response. The commissioner may bring an action for recovery of unpaid costs, reasonable attorney fees, and any additional court costs. Any funds received by the commissioner under this subdivision are appropriated to the commissioner to pay for costs for which the funds were received. Any remaining funds at the end of the biennium shall be transferred to the Fire Safety Account.

Subd. 3.

Attempted avoidance of liability.

For purposes of sections 299A.48 to 299A.52 and 299K.095, a responsible deleted text begin persondeleted text end new text begin partynew text end may not avoid liability by conveying any right, title, or interest in real property or by any indemnification, hold harmless agreement, or similar agreement.

Sec. 21.

Minnesota Statutes 2022, section 299A.642, subdivision 15, is amended to read:

Subd. 15.

Required reports.

By February 1 of each year, the commissioner of public safety shall submit the following reports 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:

(1) a report containing a summary of all audits conducted on multijurisdictional entities under subdivision 4;

(2) a report on the results of audits conducted on data submitted to the criminal gang investigative data system under section 299C.091; deleted text begin anddeleted text end

(3) a report on the activities and goals of the coordinating councilnew text begin ; andnew text end

new text begin (4) a report on how funds appropriated for violent crime reduction strategies were usednew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 22.

Minnesota Statutes 2022, section 299A.73, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Report. new text end

new text begin On or before March 31 of each year, the Minnesota Youth Intervention Programs Association shall report to the chairs and ranking minority members of the committees and divisions with jurisdiction over public safety policy and finance on the implementation, use, and administration of the grant program created under this section. The report shall include information sent by agencies administering youth intervention programs to the Minnesota Youth Intervention Programs Association and the Office of Justice Programs. At a minimum, the report must identify: new text end

new text begin (1) the grant recipients; new text end

new text begin (2) the geographic location of the grant recipients; new text end

new text begin (3) the total number of individuals served by all grant recipients, disaggregated by race, ethnicity, and gender; new text end

new text begin (4) the total number of individuals served by all grant recipients who successfully completed programming, disaggregated by age, race, ethnicity, and gender; new text end

new text begin (5) the total amount of money awarded in grants and the total amount remaining to be awarded from each appropriation; new text end

new text begin (6) the amount of money granted to each recipient; new text end

new text begin (7) grantee workplan objectives; new text end

new text begin (8) how the grant was used based on grantee quarterly narrative reports and financial reports; and new text end

new text begin (9) summarized relevant youth intervention program outcome survey data measuring the developmental assets of participants, based on Search Institute's Developmental Assets Framework. new text end

Sec. 23.

Minnesota Statutes 2022, section 299A.783, subdivision 1, is amended to read:

Subdivision 1.

Antitrafficking investigation coordinator.

The commissioner of public safety must appoint a statewide antitrafficking investigation coordinator deleted text begin who shall work in the Office of Justice Programsdeleted text end . The coordinator must be a current or former law enforcement officer or prosecutor with experience investigating or prosecuting trafficking-related offenses. The coordinator must also have knowledge of services available to and Safe Harbor response for victims of sex trafficking and sexual exploitation and Minnesota's child welfare system response. The coordinator serves at the pleasure of the commissioner in the unclassified service.

Sec. 24.

Minnesota Statutes 2022, section 299A.85, subdivision 6, is amended to read:

Subd. 6.

Reports.

The office must report on measurable outcomes achieved to meet its statutory duties, along with specific objectives and outcome measures proposed for the following year. The report must include data and statistics on missing and murdered Indigenous women, children, and new text begin Two-Spirit new text end relatives in Minnesota, including names, dates of disappearance, and dates of death, to the extent the data is publicly available. new text begin The report must also identify and describe the work of any reward advisory group and itemize the expenditures of the Gaagige-Mikwendaagoziwag reward account, if any. new text end The office must submit the report by January 15 each year to the chairs and ranking minority members of the legislative committees with primary jurisdiction over public safety.

Sec. 25.

new text begin [299A.86] GAAGIGE-MIKWENDAAGOZIWAG REWARD ACCOUNT FOR INFORMATION ON MISSING AND MURDERED INDIGENOUS RELATIVES. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section: new text end

new text begin (1) "Gaagige-Mikwendaagoziwag" means "they will be remembered forever"; new text end

new text begin (2) "missing and murdered Indigenous relatives" means missing and murdered Indigenous people from or descended from a federally recognized Indian Tribe; and new text end

new text begin (3) "Two-Spirit" means cultural, spiritual, sexual, and gender identity as reflected in complex Indigenous understandings of gender roles, spirituality, and the long history of gender diversity in Indigenous cultures. new text end

new text begin Subd. 2. new text end

new text begin Account created. new text end

new text begin An account for rewards for information on missing and murdered Indigenous women, children, and Two-Spirit relatives is created in the special revenue fund. Money deposited into the account is appropriated to the commissioner of public safety to pay rewards and for the purposes provided under this section. new text end

new text begin Subd. 3. new text end

new text begin Reward. new text end

new text begin The director of the Office for Missing and Murdered Indigenous Relatives, in consultation with the Gaagige-Mikwendaagoziwag reward advisory group: new text end

new text begin (1) shall determine the eligibility criteria and procedures for granting rewards under this section; and new text end

new text begin (2) is authorized to pay a reward to any person who provides relevant information relating to a missing and murdered Indigenous woman, child, and Two-Spirit relative investigation. new text end

new text begin Subd. 4. new text end

new text begin Reward advisory group. new text end

new text begin (a) The director of the Office for Missing and Murdered Indigenous Relatives, in consultation with the stakeholder groups described in section 299A.85, subdivision 5, shall appoint an advisory group to make recommendations on: new text end

new text begin (1) paying rewards under this section; new text end

new text begin (2) supporting community-based efforts through funding community-led searches and search kits, including but not limited to global position system devices and vests; community-led communications, including but not limited to flyers, staples, and duct tape; and other justice-related expenses; new text end

new text begin (3) funding for community-led communications and outreach, including but not limited to billboards and other media-related expenses; new text end

new text begin (4) funding activities and programs to gather information on missing and murdered Indigenous women, children, and Two-Spirit relatives and to partner with and support community-led efforts; new text end

new text begin (5) developing, implementing, and coordinating prevention and awareness programming based on best practices and data-driven research; and new text end

new text begin (6) any other funding activities and needs. new text end

new text begin (b) The advisory group shall consist of the following individuals: new text end

new text begin (1) a representative from the Office for Missing and Murdered Indigenous Relatives; new text end

new text begin (2) a representative from a Tribal, statewide, or local organization that provides legal services to Indigenous women and girls; new text end

new text begin (3) a representative from a Tribal, statewide, or local organization that provides advocacy or counseling for Indigenous women and girls who have been victims of violence; new text end

new text begin (4) a representative from a Tribal, statewide, or local organization that provides services to Indigenous women and girls; new text end

new text begin (5) a Tribal peace officer who works for or resides on a federally recognized American Indian reservation in Minnesota; new text end

new text begin (6) a representative from the Minnesota Human Trafficking Task Force; and new text end

new text begin (7) a survivor or family member of a missing and murdered Indigenous woman, child, or Two-Spirit relative. new text end

new text begin (c) Members serve a term of four years. Vacancies shall be filled by the appointing authority and members may be reappointed. new text end

new text begin (d) The advisory group shall meet as necessary but at a minimum twice per year to carry out its duties. The director shall provide necessary office space and administrative support to the group. Members of the group serve without compensation but shall receive expense reimbursement as provided in section 15.059. new text end

new text begin (e) The representative from the Office for Missing and Murdered Indigenous Relatives may fully participate in the advisory group's activities but may not vote on issues before the group. new text end

new text begin Subd. 5. new text end

new text begin Advertising. new text end

new text begin The director of the Office for Missing and Murdered Indigenous Relatives, in consultation with the reward advisory group, may spend up to four percent of available funds on an advertising or public relations campaign to increase public awareness on the availability of rewards under this section. new text end

new text begin Subd. 6. new text end

new text begin Grants; donations. new text end

new text begin The director of the Office for Missing and Murdered Indigenous Relatives, in consultation with the reward advisory group, may apply for and accept grants and donations from the public and from public and private entities to implement this section. The commissioner of public safety shall deposit any grants or donations received under this subdivision into the account established under subdivision 1. new text end

new text begin Subd. 7. new text end

new text begin Expiration. new text end

new text begin Notwithstanding section 15.059, subdivision 6, the advisory group does not expire. new text end

Sec. 26.

new text begin [299A.90] OFFICE FOR MISSING AND MURDERED BLACK WOMEN AND GIRLS. new text end

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

new text begin The commissioner shall establish and maintain an office dedicated to preventing and ending the targeting of Black women and girls within the Minnesota Office of Justice Programs. new text end

new text begin Subd. 2. new text end

new text begin Director; staff. new text end

new text begin (a) The commissioner must appoint a director who is a person closely connected to the Black community and who is highly knowledgeable about criminal investigations. The commissioner is encouraged to consider candidates for appointment who are recommended by members of the Black community. new text end

new text begin (b) The director may select, appoint, and compensate out of available funds assistants and employees as necessary to discharge the office's responsibilities. new text end

new text begin (c) The director and full-time staff shall be members of the Minnesota State Retirement Association. new text end

new text begin Subd. 3. new text end

new text begin Duties. new text end

new text begin (a) The office has the following duties: new text end

new text begin (1) advocate in the legislature for legislation that will facilitate the accomplishment of mandates identified in the report of the Task Force on Missing and Murdered African American Women; new text end

new text begin (2) advocate for state agencies to take actions to facilitate the accomplishment of mandates identified in the report of the Task Force on Missing and Murdered African American Women; new text end

new text begin (3) develop recommendations for legislative and agency actions to address injustice in the criminal justice system's response to cases of missing and murdered Black women and girls; new text end

new text begin (4) facilitate research to refine the mandates in the report of the Task Force on Missing and Murdered African American Women and to assess the potential efficacy, feasibility, and impact of the recommendations; new text end

new text begin (5) collect data on missing person and homicide cases involving Black women and girls, including the total number of cases, the rate at which the cases are solved, the length of time the cases remain open, and a comparison to similar cases involving different demographic groups; new text end

new text begin (6) collect data on Amber Alerts, including the total number of Amber Alerts issued, the total number of Amber Alerts that involve Black girls, and the outcome of cases involving Amber Alerts disaggregated by the child's race and sex; new text end

new text begin (7) collect data on reports of missing Black girls, including the number classified as voluntary runaways, and a comparison to similar cases involving different demographic groups; new text end

new text begin (8) analyze and assess the intersection between cases involving missing and murdered Black women and girls and labor trafficking and sex trafficking; new text end

new text begin (9) develop recommendations for legislative, agency, and community actions to address the intersection between cases involving missing and murdered Black women and girls and labor trafficking and sex trafficking; new text end

new text begin (10) analyze and assess the intersection between cases involving murdered Black women and girls and domestic violence, including prior instances of domestic violence within the family or relationship, whether an offender had prior convictions for domestic assault or related offenses, and whether the offender used a firearm in the murder or any prior instances of domestic assault; new text end

new text begin (11) develop recommendations for legislative, agency, and community actions to address the intersection between cases involving murdered Black women and girls and domestic violence; new text end

new text begin (12) develop tools and processes to evaluate the implementation and impact of the efforts of the office; new text end

new text begin (13) track and collect Minnesota data on missing and murdered Black women and girls, and provide statistics upon public or legislative inquiry; new text end

new text begin (14) facilitate technical assistance for local and Tribal law enforcement agencies during active cases involving missing and murdered Black women and girls; new text end

new text begin (15) conduct case reviews and report on the results of case reviews for the following types of cases involving missing and murdered Black women and girls: cold cases for missing Black women and girls and death investigation review for cases of Black women and girls ruled as suicide or overdose under suspicious circumstances; new text end

new text begin (16) conduct case reviews of the prosecution and sentencing for cases where a perpetrator committed a violent or exploitative crime against a Black woman or girl. These case reviews must identify those cases where the perpetrator is a repeat offender; new text end

new text begin (17) prepare draft legislation as necessary to allow the office access to the data necessary for the office to conduct the reviews required in this section and advocate for passage of that legislation; new text end

new text begin (18) review sentencing guidelines for crimes related to missing and murdered Black women and girls, recommend changes if needed, and advocate for consistent implementation of the guidelines across Minnesota courts; new text end

new text begin (19) develop and maintain communication with relevant divisions in the Department of Public Safety, including but not limited to the Bureau of Criminal Apprehension, regarding any cases involving missing and murdered Black women and girls and on procedures for investigating cases involving missing and murdered Black women and girls; new text end

new text begin (20) consult with the Council for Minnesotans of African Heritage established in section 15.0145; and new text end

new text begin (21) coordinate, as relevant, with federal efforts, and efforts in neighboring states and Canada. new text end

new text begin (b) As used in this subdivision: new text end

new text begin (1) "labor trafficking" has the meaning given in section 609.281, subdivision 5; and new text end

new text begin (2) "sex trafficking" has the meaning given in section 609.321, subdivision 7a. new text end

new text begin Subd. 4. new text end

new text begin Coordination with other organizations. new text end

new text begin In fulfilling its duties, the office may coordinate, as useful, with stakeholder groups that were represented on the Task Force on Missing and Murdered African American Women and state agencies that are responsible for the systems that play a role in investigating, prosecuting, and adjudicating cases involving violence committed against Black women and girls; those who have a role in supporting or advocating for missing or murdered Black women and girls and the people who seek justice for them; and those who represent the interests of Black people. This includes the following entities: Minnesota Chiefs of Police Association; Minnesota Sheriffs' Association; Bureau of Criminal Apprehension; Minnesota Police and Peace Officers Association; Tribal law enforcement; Minnesota County Attorneys Association; United States Attorney's Office; juvenile courts; Minnesota Coroners' and Medical Examiners' Association; United States Coast Guard; state agencies, including the Departments of Health, Human Services, Education, Corrections, and Public Safety; service providers who offer legal services, advocacy, and other services to Black women and girls; Black women and girls who are survivors; and organizations and leadership from urban and statewide Black communities. new text end

new text begin Subd. 5. new text end

new text begin Reports. new text end

new text begin The office must report on measurable outcomes achieved to meet its statutory duties, along with specific objectives and outcome measures proposed for the following year. The report must include data and statistics on missing and murdered Black women and girls in Minnesota, including names, dates of disappearance, and dates of death, to the extent the data is publicly available. The office must submit the report by January 15 each year to the chairs and ranking minority members of the legislative committees with primary jurisdiction over public safety. new text end

new text begin Subd. 6. new text end

new text begin Acceptance of gifts and receipt of grants. new text end

new text begin (a) A missing and murdered Black women and girls account is established in the special revenue fund. Money in the account, including interest earned, is appropriated to the office for the purposes of carrying out the office's duties, including but not limited to issuing grants to community-based organizations. new text end

new text begin (b) Notwithstanding sections 16A.013 to 16A.016, the office may accept funds contributed by individuals and may apply for and receive grants from public and private entities. The funds accepted or received under this subdivision must be deposited in the missing and murdered Black women and girls account created under paragraph (a). new text end

new text begin Subd. 7. new text end

new text begin Grants to organizations. new text end

new text begin (a) The office shall issue grants to community-based organizations that provide services designed to prevent or end the targeting of Black women or girls, or to provide assistance to victims of offenses that targeted Black women or girls. new text end

new text begin (b) Grant recipients must use money to: new text end

new text begin (1) provide services designed to reduce or prevent crimes or other negative behaviors that target Black women or girls; new text end

new text begin (2) provide training to the community about how to handle situations and crimes involving the targeting of Black women and girls, including but not limited to training for law enforcement officers, county attorneys, city attorneys, judges, and other criminal justice partners; or new text end

new text begin (3) provide services to Black women and girls who are victims of crimes or other offenses, or to the family members of missing and murdered Black women and girls. new text end

new text begin (c) Applicants must apply in a form and manner established by the office. new text end

new text begin (d) Grant recipients must provide an annual report to the office that includes: new text end

new text begin (1) the services provided by the grant recipient; new text end

new text begin (2) the number of individuals served in the previous year; and new text end

new text begin (3) any other information required by the office. new text end

new text begin (e) On or before February 1 of each year, the office shall report to the legislative committees and divisions with jurisdiction over public safety on the work of grant recipients, including a description of the number of entities awarded grants, the amount of those grants, and the number of individuals served by the grantees. new text end

new text begin (f) The office may enter into agreements with the Office of Justice Programs for the administration of grants issued under this subdivision. new text end

new text begin Subd. 8. new text end

new text begin Access to data. new text end

new text begin Notwithstanding section 13.384 or 13.85, the director has access to corrections and detention data and medical data maintained by an agency and classified as private data on individuals or confidential data on individuals to the extent the data is necessary for the office to perform its duties under this section. new text end

Sec. 27.

new text begin [299A.95] OFFICE OF RESTORATIVE PRACTICES. new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "restorative practices" means a practice within a program or policy that incorporates core restorative principles, including but not limited to voluntariness, prioritization of agreement by the people closest to the harm on what is needed to repair the harm, reintegration into the community, honesty, and respect. Restorative practices include but are not limited to victim-offender conferences, family group conferences, circles, community conferences, and other similar victim-centered practices. Restorative practices funded under this statute may be used at any point including before court involvement, after court involvement, to prevent court involvement, or in conjunction with court involvement. Restorative practices are rooted in community values and create meaningful outcomes that may include but are not limited to: new text end

new text begin (1) establishing and meeting goals related to increasing connection to community, restoring relationships, and increasing empathy; considering all perspectives involved; and taking responsibility for impact of actions by all parties involved; new text end

new text begin (2) addressing the needs of those who have been harmed; new text end

new text begin (3) recognizing and addressing the underlying issues of behavior; new text end

new text begin (4) engaging with those most directly affected by an incident and including community members that reflect the diversity of the individual's environment; new text end

new text begin (5) determining the appropriate responses to specific incidents through the use of a collaborative process; new text end

new text begin (6) providing solutions and approaches that affirm and are tailored to specific cultures; and new text end

new text begin (7) implementing policies and procedures that are informed by the science of the social, emotional, and cognitive development of children. new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The Office of Restorative Practices is established within the Department of Public Safety. The Office of Restorative Practices shall have the powers and duties described in this section. new text end

new text begin Subd. 3. new text end

new text begin Department of Children, Youth, and Family; automatic transfer. new text end

new text begin In the event that a Department of Children, Youth, and Family is created as an independent agency, the Office of Restorative Practices shall be transferred to that department pursuant to section 15.039 effective six months following the effective date for legislation creating that department. new text end

new text begin Subd. 4. new text end

new text begin Director; other staff. new text end

new text begin (a) The commissioner of public safety shall appoint a director of the Office of Restorative Practices. The director should have qualifications that include or are similar to the following: new text end

new text begin (1) experience in the many facets of restorative justice and practices such as peacemaking circles, sentencing circles, community conferencing, community panels, and family group decision making; new text end

new text begin (2) experience in victim-centered and trauma-informed practices; new text end

new text begin (3) knowledge of the range of social problems that bring children and families to points of crisis such as poverty, racism, unemployment, and unequal opportunity; new text end

new text begin (4) knowledge of the many ways youth become involved in other systems such as truancy, juvenile delinquency, child protection; and new text end

new text begin (5) understanding of educational barriers. new text end

new text begin (b) The director shall hire additional staff to perform the duties of the Office of Restorative Practices. The staff shall be in the classified service of the state and their compensation shall be established pursuant to chapter 43A. new text end

new text begin Subd. 5. new text end

new text begin Duties. new text end

new text begin (a) The Office of Restorative Practices shall promote the use of restorative practices across multiple disciplines, including but not limited to: new text end

new text begin (1) pretrial diversion programs established pursuant to section 388.24; new text end

new text begin (2) delinquency, criminal justice, child welfare, and education systems; and new text end

new text begin (3) community violence prevention practices. new text end

new text begin (b) The Office of Restorative Practices shall collaborate with Tribal communities, counties, multicounty agencies, other state agencies, nonprofit agencies, and other jurisdictions, and with existing restorative practices initiatives in those jurisdictions to establish new restorative practices initiatives, support existing restorative practices initiatives, and identify effective restorative practices initiatives. new text end

new text begin (c) The Office of Restorative Practices shall encourage collaboration between jurisdictions by creating a statewide network, led by restorative practitioners, to share effective methods and practices. new text end

new text begin (d) The Office of Restorative Practices shall create a statewide directory of restorative practices initiatives. The office shall make this directory available to all restorative practices initiatives, counties, multicounty agencies, nonprofit agencies, and Tribes in order to facilitate referrals to restorative practices initiatives and programs. new text end

new text begin (e) The Office of Restorative Practices shall work throughout the state to build capacity for the use of restorative practices in all jurisdictions and shall encourage every county to have at least one available restorative practices initiative. new text end

new text begin (f) The Office of Restorative Practices shall engage restorative practitioners in discerning ways to measure the effectiveness of restorative efforts throughout the state. new text end

new text begin (g) The Office of Restorative Practices shall oversee the coordination and establishment of local restorative practices advisory committees. The office shall oversee compliance with the conditions of this funding program. If a complaint or concern about a local advisory committee or a grant recipient is received, the Office of Restorative Practices shall exercise oversight as provided in this section. new text end

new text begin (h) The Office of Restorative Practices shall provide information to local restorative practices advisory committees, or restorative practices initiatives in Tribal communities and governments, counties, multicounty agencies, other state agencies, and other jurisdictions about best practices that are developmentally tailored to youth, trauma-informed, and healing-centered, and provide technical support. Providing information includes but is not limited to sharing data on successful practices in other jurisdictions, sending notification about available training opportunities, and sharing known resources for financial support. The Office of Restorative Practices shall also provide training and technical support to local restorative practices advisory committees. Training includes but is not limited to the use and scope of restorative practices, victim-centered restorative practices, and trauma-informed care. new text end

new text begin (i) The Office of Restorative Practices shall annually establish minimum requirements for the grant application process. new text end

new text begin (j) The Office of Restorative Practices shall work with Tribes, counties, multicounty agencies, and nonprofit agencies throughout the state to educate those entities about the application process for grants and encourage applications. new text end

new text begin Subd. 6. new text end

new text begin Grants. new text end

new text begin (a) Within available appropriations, the director shall award grants to establish and support restorative practices initiatives. An approved applicant must receive a grant of up to $500,000 each year. new text end

new text begin (b) On an annual basis, the Office of Restorative Practices shall establish a minimum number of applications that must be received during the application process. If the minimum number of applications is not received, the office must reopen the application process. new text end

new text begin (c) Grants may be awarded to private and public nonprofit agencies; local units of government, including cities, counties, and townships; local educational agencies; and Tribal governments. A restorative practices advisory committee may support multiple entities applying for grants based on community needs, the number of youth and families in the jurisdiction, and the number of restorative practices available to the community. Budgets supported by grant funds can include contracts with partner agencies. new text end

new text begin (d) Applications must include the following: new text end

new text begin (1) a list of willing restorative practices advisory committee members; new text end

new text begin (2) letters of support from potential restorative practices advisory committee members; new text end

new text begin (3) a description of the planning process that includes: new text end

new text begin (i) a description of the origins of the initiative, including how the community provided input; and new text end

new text begin (ii) an estimated number of participants to be served; and new text end

new text begin (4) a formal document containing a project description that outlines the proposed goals, activities, and outcomes of the initiative including, at a minimum: new text end

new text begin (i) a description of how the initiative meets the minimum eligibility requirements of the grant; new text end

new text begin (ii) the roles and responsibilities of key staff assigned to the initiative; new text end

new text begin (iii) identification of any key partners, including a summary of the roles and responsibilities of those partners; new text end

new text begin (iv) a description of how volunteers and other community members are engaged in the initiative; and new text end

new text begin (v) a plan for evaluation and data collection. new text end

new text begin (e) In determining the appropriate amount of each grant, the Office of Restorative Practices shall consider the number of individuals likely to be served by the local restorative practices initiative. new text end

new text begin Subd. 7. new text end

new text begin Restorative practices advisory committees; membership and duties. new text end

new text begin (a) Restorative practices advisory committees must include: new text end

new text begin (1) a judge of the judicial district that will be served by the restorative practices initiative; new text end

new text begin (2) the county attorney of a county that will be served by the restorative practices initiative or a designee; new text end

new text begin (3) the chief district public defender in the district that will be served by the local restorative justice program or a designee; new text end

new text begin (4) a representative from the children's unit of a county social services agency assigned to the area that will be served by the restorative practices initiative; new text end

new text begin (5) a representative from the local probation department or community corrections agency that works with youth in the area that will be served by the restorative practices initiative; new text end

new text begin (6) a representative from a local law enforcement agency that operates in the area that will be served by the restorative practices initiative; new text end

new text begin (7) a school administrator or designee from a school or schools that operate in the area that will be served by the restorative practices initiative; new text end

new text begin (8) multiple community members that reflect the racial, socioeconomic, and other diversity of the population of a county that will be served by the local restorative justice program and the individuals most frequently involved in the truancy, juvenile offender, and juvenile safety and placement systems; new text end

new text begin (9) restorative practitioners, including restorative practitioners from within the community if available and, if not, from nearby communities; new text end

new text begin (10) parents, youth, and justice-impacted participants; and new text end

new text begin (11) at least one representative from a victims advocacy group. new text end

new text begin (b) Community members described in paragraph (a), clause (8), must make up at least one-third of the restorative practices advisory committee. new text end

new text begin (c) Community members, parents, youth, and justice-impacted participants participating in the advisory committee may receive a per diem from grant funds in the amount determined by the General Services Administration. new text end

new text begin (d) The restorative practices advisory committees must utilize restorative practices in their decision-making process and come to consensus when developing, expanding, and maintaining restorative practices criteria and referral processes for their communities. new text end

new text begin (e) Restorative practices advisory committees shall be responsible for establishing eligibility requirements for referrals to the local restorative practices initiative. Once restorative practices criteria and referral processes are developed, children, families, and cases, depending upon the point of prevention or intervention, must be referred to the local restorative practices initiatives or programs that serve the county, local community, or Tribal community where the child and family reside. new text end

new text begin (f) Referrals may be made under circumstances, including but not limited to: new text end

new text begin (1) as an alternative to arrest as outlined in section 260B.1755; new text end

new text begin (2) for a juvenile petty offense; new text end

new text begin (3) for a juvenile traffic offense; new text end

new text begin (4) for a juvenile delinquency offense, including before and after a delinquency petition has been filed; new text end

new text begin (5) for a child protection case, including before and after adjudication; new text end

new text begin (6) for a children's mental health case; new text end

new text begin (7) for a juvenile status offense, including but not limited to truancy or running away; new text end

new text begin (8) for substance use issues; new text end

new text begin (9) for situations involving transition to or from the community; and new text end

new text begin (10) through self-referral. new text end

new text begin Subd. 8. new text end

new text begin Oversight of restorative practices advisory committees. new text end

new text begin (a) Complaints by restorative practices advisory committee members, community members, restorative practices initiatives, or restorative practices practitioners regarding concerns about grant recipients may be made to the Office of Restorative Practices. new text end

new text begin (b) The Office of Restorative Practices may prescribe the methods by which complaints to the office are to be made, reviewed, and acted upon. new text end

new text begin (c) The Office of Restorative Practices shall establish and use a restorative process to respond to complaints so that grant recipients are being held to their agreed upon responsibilities and continue to meet the minimum eligibility requirements for grants to local restorative practices initiatives for the duration of the grant. new text end

new text begin Subd. 9. new text end

new text begin Report. new text end

new text begin By February 15 of each year, the director shall report to the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over public safety, human services, and education, on the work of the Office of Restorative Practices, any grants issued pursuant to this section, and the status of local restorative practices initiatives in the state that were reviewed in the previous year. new text end

Sec. 28.

new text begin [299C.055] LEGISLATIVE REPORT ON FUSION CENTER ACTIVITIES. new text end

new text begin (a) The superintendent must prepare an annual report for the public and the legislature on the Minnesota Fusion Center (MNFC) that includes general information about the MNFC; the types of activities it monitors; the scale of information it collects; the local, state, and federal agencies with which it shares information; and the quantifiable benefits it produces. None of the reporting requirements in this section supersede chapter 13 or any other state or federal law. The superintendent must report on activities for the preceding calendar year unless another time period is specified. The report must include the following information, to the extent allowed by other law: new text end

new text begin (1) the MNFC's operating budget for the current biennium, number of staff, and staff duties; new text end

new text begin (2) the number of publications generated and an overview of the type of information provided in the publications, including products such as law enforcement briefs, partner briefs, risk assessments, threat assessments, and operational reports; new text end

new text begin (3) a summary of audit findings for the MNFC and what corrective actions were taken pursuant to audits; new text end

new text begin (4) the number of data requests received by the MNFC and a general description of those requests; new text end

new text begin (5) the types of surveillance and data analysis technologies utilized by the MNFC, such as artificial intelligence or social media analysis tools; new text end

new text begin (6) a description of the commercial and governmental databases utilized by the MNFC to the extent permitted by law; new text end

new text begin (7) the number of suspicious activity reports (SARs) received and processed by the MNFC; new text end

new text begin (8) the number of SARs received and processed by the MNFC that were converted into Bureau of Criminal Apprehension case files, that were referred to the Federal Bureau of Investigation, or that were referred to local law enforcement agencies; new text end

new text begin (9) the number of SARs received and processed by the MNFC that involve an individual on the Terrorist Screening Center watchlist; new text end

new text begin (10) the number of requests for information (RFIs) that the MNFC received from law enforcement agencies and the number of responses to federal requests for RFIs; new text end

new text begin (11) the names of the federal agencies the MNFC received data from or shared data with; new text end

new text begin (12) the names of the agencies that submitted SARs; new text end

new text begin (13) a summary description of the MNFC's activities with the Joint Terrorism Task Force; and new text end

new text begin (14) the number of investigations aided by the MNFC's use of SARs and RFIs. new text end

new text begin (b) The report shall be provided to the chairs and ranking minority members of the committees of the house of representatives and senate with jurisdiction over data practices and public safety issues, and shall be posted on the MNFC website by February 15 each year beginning on February 15, 2024. new text end

Sec. 29.

Minnesota Statutes 2022, section 299C.063, is amended to read:

299C.063 BOMB DISPOSAL EXPENSE REIMBURSEMENT.

Subdivision 1.

Definitions.

The terms used in this section have the meanings given them in this subdivision:

(a) "Bomb disposal unit" means a commissioner-approved unit consisting of persons who are trained and equipped to dispose of or neutralize bombs or other similar hazardous explosives and who are employed by a municipality.

(b) "Commissioner" means the commissioner of public safety.

deleted text begin (c) "Municipality" has the meaning given it in section 466.01. deleted text end

new text begin (c) "Explosives sweep" means a detailed scanning service used in corporate office buildings, shipping hangars, event stadiums, transportation hubs, large outdoor events, and other critical facilities using ground-penetrating radar, magnetometers, metal detectors, and specially trained K-9 units to detect improvised explosive devices and explosive remnants of war, such as unexploded ordnance and abandoned ordnance. new text end

(d) "Hazardous explosives" means explosives as defined in section 299F.72, subdivision 2, explosive devices and incendiary devices as defined in section 609.668, subdivision 1, and all materials subject to regulation under United States Code, title 18, chapter 40.

new text begin (e) "Municipality" has the meaning given in section 466.01. new text end

Subd. 2.

Expense reimbursement.

new text begin (a) new text end The commissioner may reimburse bomb disposal units for reasonable expenses incurrednew text begin :new text end

new text begin (1)new text end to dispose of or neutralize bombs or other similar hazardous explosives for their employer-municipality or for another municipality outside the jurisdiction of the employer-municipality but within the state. Reimbursement is limited to the extent of appropriated fundsdeleted text begin .deleted text end new text begin ;new text end

new text begin (2) to use the services of police explosive detection K-9 assets; new text end

new text begin (3) for dignitary explosive sweeps; new text end

new text begin (4) for explosive sweeps at large state events; new text end

new text begin (5) to provide for explosive security at large state events; and new text end

new text begin (6) for large-scale scheduled public events. new text end

new text begin (b) Reimbursement for expenses under this subdivision is limited to the extent of appropriated funds. new text end

Subd. 3.

Agreements.

The commissioner may enter into contracts or agreements with bomb disposal units to implement and administer this section.

new text begin Subd. 4. new text end

new text begin Public event agreements. new text end

new text begin The commissioner may enter into contracts with public event organizers, as defined in section 299A.52, for costs associated with explosive sweeps conducted by state bomb disposal units. new text end

Sec. 30.

new text begin [299C.092] QUESTIONED IDENTITY PROCESS. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this subdivision have the meanings given. new text end

new text begin (b) "Bureau" means the Bureau of Criminal Apprehension. new text end

new text begin (c) "Questioned identity" means an individual's identity that is associated with another person's records when the individual's identity is used by an offender in interactions with law enforcement or the offender has the same name which can lead to difficulties differentiating the individual from the offender. new text end

new text begin Subd. 2. new text end

new text begin Process. new text end

new text begin (a) When an individual is the subject of questioned identity, the individual may request a review by the bureau through its questioned identity process. Individuals must contact the bureau and provide the following: new text end

new text begin (1) documentation of the individual's identity through a government-issued photo identification; new text end

new text begin (2) documents or information that lead the individual to believe that the individual is the subject of questioned identity; and new text end

new text begin (3) fingerprints for identification verification purposes. new text end

new text begin (b) If the bureau is able to confirm that the individual is the subject of questioned identity, the bureau shall provide documentation to the individual indicating that the individual has been through the bureau's questioned identity process. new text end

new text begin (c) The bureau shall denote any aliases determined to be questioned identities in the criminal history system under section 299C.09 and shall work with other state and local agencies to denote aliases in arrest warrants. new text end

new text begin (d) The bureau shall attach a photo of the offender to arrest warrants in the bureau's warrant file if a photo is available. new text end

new text begin (e) Notwithstanding section 13.87, subdivision 1, paragraph (b), the bureau, in consultation with reporting criminal justice agencies, may remove an alias from a criminal history record when it determines doing so will not negatively impact a criminal justice agency's ability to identify the offender in the future. Some considerations in making the determination include but are not limited to time elapsed since the alias name was last used, frequency with which the alias was used, current incarceration status of the offender, whether it is or was the offender's name, and whether the offender is living or deceased. new text end

new text begin (f) Law enforcement must take into account the presence of documentation from the bureau or another law enforcement agency confirming a questioned identity when considering whether an individual has a warrant under section 299C.115 and may contact the bureau or the issuing law enforcement agency to confirm authenticity of the documentation provided by an individual. new text end

Sec. 31.

Minnesota Statutes 2022, section 299C.106, subdivision 3, is amended to read:

Subd. 3.

Submission and storage of sexual assault examination kits.

(a) Within 60 days of receiving an unrestricted sexual assault examination kit, a law enforcement agency shall submit the kit for testing to a forensic laboratory. The testing laboratory shall return unrestricted sexual assault examination kits to the submitting agency for storage after testing is complete. The submitting agency must store unrestricted sexual assault examination kits indefinitely.

(b) Within 60 days of a hospital preparing a restricted sexual assault examination kit or a law enforcement agency receiving a restricted sexual assault examination kit from a hospital, the hospital or the agency shall submit the kit to the Bureau of Criminal Apprehension. The bureau shall store all restricted sexual assault examination kits collected by hospitals or law enforcement agencies in the state. The bureau shall retain a restricted sexual assault examination kit for at least 30 months from the date the bureau receives the kit.

new text begin (c) Beginning July 1, 2024, the receiving forensic laboratory must strive to test the sexual assault examination kit within 90 days of receipt from a hospital or law enforcement agency. Sexual assault examination kits shall be prioritized for testing along with other violent crimes. Upon completion of testing, the forensic laboratory must update the kit-tracking database to indicate that testing is complete. The forensic laboratory must notify the submitting agency when any kit is not tested within 90 days and provide an estimated time frame for testing completion. new text end

new text begin (d) Paragraph (c) sunsets June 30, 2029. new text end

Sec. 32.

Minnesota Statutes 2022, section 299C.46, subdivision 1, is amended to read:

Subdivision 1.

Establishment.

The commissioner of public safety shall establish a criminal justice data communications network that will provide secure access to systems and services available from or through the Bureau of Criminal Apprehension. new text begin The Bureau of Criminal Apprehension may approve additional criminal justice uses by authorized agencies to access necessary systems or services not from or through the bureau. new text end The commissioner of public safety is authorized to lease or purchase facilities and equipment as may be necessary to establish and maintain the data communications network.

Sec. 33.

Minnesota Statutes 2022, section 299C.53, subdivision 3, is amended to read:

Subd. 3.

Missing and endangered persons.

new text begin The Bureau of Criminal Apprehension must operate a missing person alert program. new text end If the Bureau of Criminal Apprehension receives a report from a law enforcement agency indicating that a person is missing and endangered, the superintendentnew text begin must originate an alert. The superintendentnew text end may assist the law enforcement agency in conducting the preliminary investigation, offer resources, and assist the agency in helping implement the investigation policy with particular attention to the need for immediate action. The law enforcement agency shall promptly notify all appropriate law enforcement agencies in the state new text begin and is required to issue a missing person alert utilizing the Crime Alert Network as prescribed in section 299A.61 new text end and, if deemed appropriate, law enforcement agencies in adjacent states or jurisdictions of any information that may aid in the prompt location and safe return of a missing and endangered person.new text begin The superintendent shall provide guidance on issuing alerts using this system and provide the system for law enforcement agencies to issue these alerts. The Bureau of Criminal Apprehension may provide assistance to agencies in issuing missing person alerts as required by this section.new text end

Sec. 34.

Minnesota Statutes 2022, section 299C.65, subdivision 1a, is amended to read:

Subd. 1a.

Membership; duties.

(a) The Criminal and Juvenile Justice Information new text begin and Bureau of Criminal Apprehension new text end Advisory Group consists of the following members:

(1) the commissioner of corrections or designee;

(2) the commissioner of public safety or designee;

(3) the state chief information officer or designee;

(4) three members of the judicial branch appointed by the chief justice of the supreme court;

(5) the commissioner of administration or designee;

(6) the state court administrator or designee;

(7) two members appointed by the Minnesota Sheriffs Association, at least one of whom must be a sheriff;

(8) two members appointed by the Minnesota Chiefs of Police Association, at least one of whom must be a chief of police;

(9) two members appointed by the Minnesota County Attorneys Association, at least one of whom must be a county attorney;

(10) two members appointed by the League of Minnesota Cities representing the interests of city attorneys, at least one of whom must be a city attorney;

(11) two members appointed by the Board of Public Defense, at least one of whom must be a public defender;

(12) two corrections administrators appointed by the Association of Minnesota Counties representing the interests of local corrections, at least one of whom represents a Community Corrections Act county;

(13) two probation officers appointed by the commissioner of corrections in consultation with the president of the Minnesota Association of Community Corrections Act Counties and the president of the Minnesota Association of County Probation Officers;

(14) four public members appointed by the governor representing both metropolitan and greater Minnesota for a term of four years using the process described in section 15.059, one of whom represents the interests of victims, and one of whom represents the private business community who has expertise in integrated information systems and who, for the purposes of meetings of the advisory group, may be compensated pursuant to section 15.059;

(15) two members appointed by the Minnesota Association for Court Management, at least one of whom must be a court administrator;

(16) one member of the house of representatives appointed by the speaker of the house, or an alternate who is also a member of the house of representatives, appointed by the speaker of the house;

(17) one member of the senate appointed by the majority leader, or an alternate who is also a member of the senate, appointed by the majority leader of the senate;

(18) one member appointed by the attorney general;

(19) two members appointed by the League of Minnesota Cities, one of whom works or resides in greater Minnesota and one of whom works or resides in the seven-county metropolitan area, and at least one of whom is an elected official;

(20) two members appointed by the Association of Minnesota Counties, one of whom works or resides in greater Minnesota and one of whom works or resides in the seven-county metropolitan area, and at least one of whom is an elected official; and

(21) the director of the Sentencing Guidelines Commission or a designee.

(b) The chair, first vice-chair, and second vice-chair shall be elected by the advisory group.

(c) The advisory group shall serve as the state advisory group on statewide criminal justice information policy and funding issues. The advisory group shall study and make recommendations to the governor, the supreme court, and the legislature on criminal justice information funding and policy issues such as related data practices, individual privacy rights, and data on race and ethnicity; information-sharing at the local, state, and federal levels; technology education and innovation; the impact of proposed legislation on the criminal justice system related to information systems and business processes; and data and identification standards.

new text begin (d) The advisory group shall have the additional duties of reviewing and advising the bureau superintendent on: new text end

new text begin (1) audits, accreditation reports, and internal reviews of bureau operations; new text end

new text begin (2) emerging technologies in the law enforcement and forensic science fields; new text end

new text begin (3) policies and practices that impact individual privacy interests; and new text end

new text begin (4) other programmatic and operational initiatives of the bureau at the request of the superintendent. new text end

Sec. 35.

Minnesota Statutes 2022, section 299C.65, subdivision 3a, is amended to read:

Subd. 3a.

Report.

The advisory group shall file a biennial report with the governor, supreme court, and chairs and ranking minority members of the senate and house of representatives committees and divisions with jurisdiction over criminal justice funding and policy by January 15 in each odd-numbered year. The report must provide the following:

(1) status and review of current statewide criminal justice information systems;

(2) recommendations concerning any legislative changes or appropriations that are needed to ensure that the criminal justice information systems operate accurately and efficiently; deleted text begin anddeleted text end

(3) summary of the activities of the advisory group, including any funding and grant requestsdeleted text begin .deleted text end new text begin ; andnew text end

new text begin (4) summary of any reviews conducted by the advisory group of bureau audits, reports, policies, programs, and procedures along with any recommendations provided to the bureau related to the reviews. new text end

Sec. 36.

Minnesota Statutes 2022, section 299F.362, is amended to read:

299F.362 SMOKE deleted text begin DETECTORdeleted text end new text begin ALARMnew text end ; INSTALLATION; RULES; PENALTY.

Subdivision 1.

Definitions.

For the purposes of this section, the following definitions shall apply:

(a) "Apartment house" is any building, or portion thereof, which is designed, built, rented, leased, let, or hired out to be occupied, or which is occupied as the home or residence of three or more families living independently of each other and doing their own cooking in the building, and shall include buildings containing three or more flats or apartments.

(b) "Dwelling" is any building, or any portion thereof, which is not an apartment house, lodging house, or a hotel and which contains one or two "dwelling units" which are, or are intended or designed to be, occupied for living purposes.

(c) "Dwelling unit" is a single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation, or a single unit used by one or more persons for sleeping and sanitation pursuant to a work practice or labor agreement.

(d) "Hotel" is any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests.

(e) "Lodging house" is any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise.

Subd. 2.

Rulesdeleted text begin ,deleted text end new text begin ;new text end smoke deleted text begin detectordeleted text end new text begin alarmnew text end location.

The commissioner of public safety shall promulgate rules concerning the placement of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end in dwellings, apartment houses, hotels, and lodging houses. The rules shall take into account designs of the guest rooms or dwelling units.

Subd. 3.

Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for any dwelling.

Every dwelling unit within a dwelling must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end meeting the requirements of the State Fire Code. The deleted text begin detectordeleted text end new text begin smoke alarmnew text end must be mounted in accordance with the rules regarding smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin smoke alarmnew text end must provide an alarm in the dwelling unit.

Subd. 3a.

Smoke deleted text begin detectordeleted text end new text begin alarmnew text end for new dwelling.

In construction of a new dwelling, each smoke deleted text begin detectordeleted text end new text begin alarmnew text end must be attached to a centralized power source.

Subd. 4.

Smoke deleted text begin detectordeleted text end new text begin alarmnew text end 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 must be provided with a smoke deleted text begin detectordeleted text end new text begin alarmnew text end conforming to the requirements of the State Fire Code. In dwelling units, deleted text begin detectorsdeleted text end new text begin smoke alarmsnew text end must be mounted in accordance with the rules regarding smoke deleted text begin detectordeleted text end new text begin alarmnew text end location adopted under subdivision 2. When actuated, the deleted text begin detectordeleted text end new text begin smoke alarmnew text end must provide an alarm in the dwelling unit or guest room.

Subd. 5.

Maintenance responsibilities.

For all occupancies covered by this section where the occupant is not the owner of the dwelling unit or the guest room, the owner is responsible for maintenance of the smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end . An owner may file inspection and maintenance reports with the local fire marshal for establishing evidence of inspection and maintenance of smoke deleted text begin detectorsdeleted text end new text begin alarmsnew text end .

Subd. 5a.

Inform owner; no added liability.

The occupant of a dwelling unit must inform the owner of the dwelling unit of a nonfunctioning smoke deleted text begin detectordeleted text end new text begin alarmnew text end within 24 hours of discovering that the smoke deleted text begin detectordeleted text end new text begin alarmnew text end in the dwelling unit is not functioning. If the occupant fails to inform the owner under this subdivision, the occupant's liability for damages is not greater than it otherwise would be.

Subd. 6.

Penalties.

(a) Any person who violates any provision of this section deleted text begin shall bedeleted text end new text begin isnew text end subject to the same penalty and deleted text begin thedeleted text end enforcement mechanism that is provided for violation of the State Fire Code, as specified in section 299F.011, subdivision 6.

(b) An occupant who willfully disables a smoke deleted text begin detectordeleted text end new text begin alarmnew text end or causes it to be nonfunctioning, resulting in damage or injury to persons or property, is guilty of a misdemeanor.

Subd. 7.

Local government preempted.

This section prohibits a local unit of government from adopting standards different from those provided in this section.

Subd. 9.

Local government ordinance; installation in single-family residence.

Notwithstanding subdivision 7, or other lawnew text begin to the contrarynew text end , a local governing body may adopt, by ordinance, rules for the installation of a smoke deleted text begin detectordeleted text end new text begin alarmnew text end in single-family homes in the city that are more restrictive than the standards provided by this section. Rules adopted pursuant to this subdivision may be enforced through a truth-in-housing inspection.

Subd. 10.

Public fire safety educator.

The position of Minnesota public fire safety educator is established in the Department of Public Safety.

Subd. 11.

Insurance claim.

No insurer shall deny a claim for loss or damage by fire for failure of a person to comply with this section.

Sec. 37.

Minnesota Statutes 2022, section 299F.46, subdivision 1, is amended to read:

Subdivision 1.

Hotel inspection.

(a) It shall be the duty of the commissioner of public safety to inspect, or cause to be inspected, at least once every three years, every hotel in this state; and, for that purpose, the commissioner, or the commissioner's deputies or designated alternates or agents, shall have the right to enter or have access thereto at any reasonable hour; and, when, upon such inspection, it shall be found that the hotel so inspected does not conform to or is not being operated in accordance with the provisions of sections 157.011 and 157.15 to 157.22, in so far as the same relate to fire prevention or fire protection of hotels, or the rules promulgated thereunder, or is being maintained or operated in such manner as to violate the Minnesota State Fire Code promulgated pursuant to section 326B.02, subdivision 6, new text begin 299F.51, new text end or any other law of this state relating to fire prevention and fire protection of hotels, the commissioner and the deputies or designated alternates or agents shall report such a situation to the hotel inspector who shall proceed as provided for in chapter 157.

(b) The word "hotel", as used in this subdivision, has the meaning given in section 299F.391.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 38.

Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to read:

new text begin Subd. 11. new text end

new text begin Hotel. new text end

new text begin "Hotel" means any building, or portion thereof, containing six or more guest rooms intended or designed to be used, or which are used, rented, or hired out to be occupied, or which are occupied for sleeping purposes by guests. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 39.

Minnesota Statutes 2022, section 299F.50, is amended by adding a subdivision to read:

new text begin Subd. 12. new text end

new text begin Lodging house. new text end

new text begin "Lodging house" means any building, or portion thereof, containing not more than five guest rooms which are used or are intended to be used for sleeping purposes by guests and where rent is paid in money, goods, labor, or otherwise. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 40.

Minnesota Statutes 2022, section 299F.51, subdivision 1, is amended to read:

Subdivision 1.

Generally.

new text begin (a) new text end Every deleted text begin single familydeleted text end new text begin single-familynew text end dwelling and every dwelling unit in a multifamily dwelling must have an approved and operational carbon monoxide alarm installed within ten feet of each room lawfully used for sleeping purposes.

new text begin (b) Every guest room in a hotel or lodging house must have an approved and operational carbon monoxide alarm installed in each room lawfully used for sleeping purposes. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 41.

Minnesota Statutes 2022, section 299F.51, subdivision 2, is amended to read:

Subd. 2.

Owner's duties.

new text begin (a) new text end The owner of a multifamily dwelling unit which is required to be equipped with one or more approved carbon monoxide alarms must:

(1) provide and install one approved and operational carbon monoxide alarm within ten feet of each room lawfully used for sleeping; and

(2) replace any required carbon monoxide alarm that has been stolen, removed, found missing, or rendered inoperable during a prior occupancy of the dwelling unit and which has not been replaced by the prior occupant prior to the commencement of a new occupancy of a dwelling unit.

new text begin (b) The owner of a hotel or lodging house that is required to be equipped with one or more approved carbon monoxide alarms must: new text end

new text begin (1) provide and install one approved and operational carbon monoxide alarm in each room lawfully used for sleeping; and new text end

new text begin (2) replace any required carbon monoxide alarm that has been stolen, removed, found missing, or rendered inoperable during a prior occupancy and that has not been replaced by the prior occupant prior to the commencement of a new occupancy of a hotel guest room or lodging house. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 42.

Minnesota Statutes 2022, section 299F.51, subdivision 5, is amended to read:

Subd. 5.

Exceptions; certain multifamily dwellings and state-operated facilities.

(a) In lieu of requirements of subdivision 1, multifamily dwellings may have approved and operational carbon monoxide deleted text begin alarmsdeleted text end new text begin detectorsnew text end installed between 15 and 25 feet of carbon monoxide-producing central fixtures and equipment, provided there is a centralized alarm system or other mechanism for responsible parties to hear the alarm at all times.

(b) An owner of a multifamily dwelling that contains minimal or no sources of carbon monoxide may be exempted from the requirements of subdivision 1, provided that such owner certifies to the commissioner of public safety that such multifamily dwelling poses no foreseeable carbon monoxide risk to the health and safety of the dwelling units.

(c) The requirements of this section do not apply to facilities owned or operated by the state of Minnesota.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 43.

Minnesota Statutes 2022, section 299F.51, is amended by adding a subdivision to read:

new text begin Subd. 6. new text end

new text begin Safety warning. new text end

new text begin A first violation of this section shall not result in a penalty, but is punishable by a safety warning. A second or subsequent violation is a petty misdemeanor. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2024. new text end

Sec. 44.

Minnesota Statutes 2022, section 326.32, subdivision 10, is amended to read:

Subd. 10.

License holder.

"License holder" means any individual, partnershipnew text begin as defined in section 323A.0101, clause (8),new text end or corporation licensed to perform the duties of a private detective or a protective agent.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 45.

Minnesota Statutes 2022, section 326.3381, subdivision 3, is amended to read:

Subd. 3.

Disqualification.

new text begin (a) new text end No person is qualified to hold a license who has:

(1) been convicted of (i) a felony by the courts of this or any other state or of the United States; (ii) acts which, if done in Minnesota, would be criminal sexual conduct; assault; theft; larceny; burglary; robbery; unlawful entry; extortion; defamation; buying or receiving stolen property; using, possessing, manufacturing, or carrying weapons unlawfully; using, possessing, or carrying burglary tools unlawfully; escape; possession, production, sale, or distribution of narcotics unlawfully; or (iii) in any other country of acts which, if done in Minnesota, would be a felony or would be any of the other offenses provided in this clause and for which a full pardon or similar relief has not been granted;

(2) made any false statement in an application for a license or any document required to be submitted to the board; or

(3) failed to demonstrate to the board good character, honesty, and integrity.

new text begin (b) Upon application for a license, the applicant shall submit, as part of the application, a full set of fingerprints and the applicant's written consent that their fingerprints shall be submitted to the Bureau of Criminal Apprehension (BCA) and the Federal Bureau of Investigation (FBI) to determine whether that person has a criminal record. The BCA shall promptly forward the fingerprints to the FBI and request that the FBI conduct a criminal history check of each prospective licensee. The Minnesota Board of Private Detective and Protective Agents Services shall determine if the FBI report indicates that the prospective licensee or licensee was convicted of a disqualifying offense. The submission to the FBI shall be coordinated through the BCA. The results of the criminal record check shall be provided to the board who will determine if the applicant is disqualified from holding a license under this subdivision. new text end

Sec. 46.

Minnesota Statutes 2022, section 609.35, is amended to read:

609.35 COSTS OF MEDICAL EXAMINATION.

(a) Costs incurred by a deleted text begin county, city, or privatedeleted text end hospital or other emergency medical facility or by a deleted text begin privatedeleted text end physiciannew text begin , sexual assault nurse examiner, forensic nurse, or other licensed health care providernew text end for the examination of a victim of criminal sexual conduct deleted text begin when the examination is performed for the purpose of gathering evidencedeleted text end new text begin that occurred in the statenew text end shall be paid by the deleted text begin county in which the criminal sexual conduct occurreddeleted text end new text begin statenew text end . These costs include, but are not limited to, new text begin the new text end deleted text begin fulldeleted text end cost of the deleted text begin rape kitdeleted text end new text begin medical forensicnew text end examination, associated tests new text begin and treatments new text end relating to deleted text begin the complainant'sdeleted text end sexually transmitted deleted text begin disease statusdeleted text end new text begin infectionnew text end , and pregnancy statusnew text begin , including emergency contraceptionnew text end . new text begin A hospital, emergency medical facility, or health care provider shall submit the costs for examination and any associated tests and treatment to the Office of Justice Programs for payment. Upon receipt of the costs, the commissioner shall provide payment to the facility or health care provider. Reimbursement for an examination and any associated test and treatments shall not exceed $1,400. Beginning on January 1, 2024, the maximum amount of an award shall be adjusted annually by the inflation rate.new text end

(b) Nothing in this section shall be construed to limit the duties, responsibilities, or liabilities of any insurer, whether public or private. deleted text begin However, a countydeleted text end new text begin The hospital or other licensed health care provider performing the examinationnew text end may seek insurance reimbursement from the victim's insurer only if authorized by the victim. This authorization may only be sought after the examination is performed. When seeking this authorization, the deleted text begin countydeleted text end new text begin hospital or other licensed health care providernew text end shall inform the victim that if the victim does not authorize this, the deleted text begin countydeleted text end new text begin statenew text end is required by law to pay for the examination and that the victim is in no way liable for these costs or obligated to authorize the reimbursement.

(c) The applicability of this section does not depend upon whether the victim reports the offense to law enforcement or the existence or status of any investigation or prosecution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, and applies to any examination that occurs on or after that date. new text end

Sec. 47.

Minnesota Statutes 2022, section 609.87, is amended by adding a subdivision to read:

new text begin Subd. 17. new text end

new text begin Electronic data. new text end

new text begin "Electronic data" means records or information in digital form on a computer, computer network, computer system, or in computer software that can be stored, transmitted, or processed. new text end

Sec. 48.

Minnesota Statutes 2022, section 609.89, is amended to read:

609.89 COMPUTER new text begin OR ELECTRONIC DATA new text end THEFT.

Subdivision 1.

Acts.

Whoever does any of the following is guilty of computer new text begin or electronic data new text end theft and may be sentenced as provided in subdivision 2:

deleted text begin (a)deleted text end new text begin (1)new text end intentionally and without authorization or claim of right accesses or causes to be accessed any computer, computer system, computer network or any part thereof for the purpose of obtaining services or property; deleted text begin ordeleted text end

deleted text begin (b)deleted text end new text begin (2)new text end intentionally and without claim of right, and with intent to deprive the owner of use or possession, takes, transfers, conceals or retains possession of any computer, computer system, or any computer software or data contained in a computer, computer system, or computer networkdeleted text begin .deleted text end new text begin ;new text end

new text begin (3) intentionally and without authorization or claim of right accesses or copies any computer software or electronic data and uses, alters, transfers, retains, or publishes the computer software or electronic data; or new text end

new text begin (4) intentionally retains copies of any computer software or electronic data beyond the individual's authority. new text end

Subd. 2.

Penalty.

Anyone who commits computer new text begin or electronic data new text end theft may be sentenced as follows:

deleted text begin (a)deleted text end new text begin (1)new text end to imprisonment for not more than ten years or to payment of a fine of not more than $50,000, or both, if the loss to the owner, or the owner's agent, or lessee is in excess of $2,500; deleted text begin ordeleted text end

deleted text begin (b)deleted text end new text begin (2)new text end to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, if the loss to the owner, or the owner's agent, or lessee is more than $500 but not more than $2,500; or

deleted text begin (c)deleted text end new text begin (3)new text end in all other cases to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to crimes committed on or after that date. new text end

Sec. 49.

Minnesota Statutes 2022, section 611A.033, is amended to read:

611A.033 SPEEDY TRIAL; NOTICE OF new text begin HEARINGS AND new text end SCHEDULE CHANGE.

(a) A victim has the right to request that the prosecutor make a demand under rule 11.09 of the Rules of Criminal Procedure that the trial be commenced within 60 days of the demand. The prosecutor shall make reasonable efforts to comply with the victim's request.

new text begin (b) A prosecutor shall make reasonable efforts to provide to a victim the date and time of the sentencing hearing and the hearing during which the plea is to be presented to the court. new text end

deleted text begin (b)deleted text end new text begin (c)new text end A prosecutor shall make reasonable efforts to provide advance notice of any change in the schedule of the court proceedings to a victim who has been subpoenaed or requested to testify.

deleted text begin (c)deleted text end new text begin (d)new text end In a criminal proceeding in which a vulnerable adult, as defined in section 609.232, subdivision 11, is a victim, the state may move the court for a speedy trial. The court, after consideration of the age and health of the victim, may grant a speedy trial. The motion may be filed and served with the complaint or any time after the complaint is filed and served.

Sec. 50.

Minnesota Statutes 2022, section 611A.039, subdivision 1, is amended to read:

Subdivision 1.

Notice required.

(a) Except as otherwise provided in subdivision 2, within 15 working days after a conviction, acquittal, or dismissal in a criminal case in which there is an identifiable crime victim, the prosecutor shall make reasonable good faith efforts to provide to each affected crime victim oral or written notice of the final disposition of the case and of the victim rights under section 611A.06. When the court is considering modifying the sentence for a felony or a crime of violence or an attempted crime of violence, the deleted text begin court or its designeedeleted text end new text begin prosecutornew text end shall make a reasonable and good faith effort to notify the victim of the crime. If the victim is incapacitated or deceased, notice must be given to the victim's family. If the victim is a minor, notice must be given to the victim's parent or guardian. The notice must include:

(1) the date and approximate time of the review;

(2) the location where the review will occur;

(3) the name and telephone number of a person to contact for additional information; and

(4) a statement that the victim and victim's family may provide input to the court concerning the sentence modification.

(b) The Office of Justice Programs in the Department of Public Safety shall develop and update a model notice of postconviction rights under this subdivision and section 611A.06.

(c) As used in this section, "crime of violence" has the meaning given in section 624.712, subdivision 5, and also includes violations of section 609.3458, gross misdemeanor violations of section 609.224, and nonfelony violations of sections 518B.01, 609.2231, 609.3451, 609.748, and 609.749.

Sec. 51.

Minnesota Statutes 2022, section 611A.211, subdivision 1, is amended to read:

Subdivision 1.

Grants.

The commissioner of public safety shall award grants to programs which provide support servicesnew text begin or emergency shelter and housing supports as defined by section 611A.31new text end to victims of sexual assault. The commissioner shall also award grants for training, technical assistance, and the development and implementation of education programs to increase public awareness of the causes of sexual assault, the solutions to preventing and ending sexual assault, and the problems faced by sexual assault victims.

Sec. 52.

Minnesota Statutes 2022, section 611A.31, subdivision 2, is amended to read:

Subd. 2.

deleted text begin Battered womandeleted text end new text begin Domestic abuse victimnew text end .

deleted text begin "Battered woman"deleted text end new text begin "Domestic abuse victim"new text end means a deleted text begin womandeleted text end new text begin personnew text end who is being or has been victimized by domestic abuse as defined in section 518B.01, subdivision 2.

Sec. 53.

Minnesota Statutes 2022, section 611A.31, subdivision 3, is amended to read:

Subd. 3.

Emergency shelter services.

"Emergency shelter services" include, but are not limited to, secure crisis shelters for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end and housing networks for deleted text begin battered womendeleted text end new text begin domestic abuse victimsnew text end .

Sec. 54.

Minnesota Statutes 2022, section 611A.31, is amended by adding a subdivision to read:

new text begin Subd. 3a. new text end

new text begin Housing supports. new text end

new text begin "Housing supports" means services and supports used to enable victims to secure and maintain transitional and permanent housing placement. Housing supports include but are not limited to rental assistance and financial assistance to maintain housing stability. Transitional housing placements may take place in communal living, clustered site or scattered site programs, or other transitional housing models. new text end

Sec. 55.

Minnesota Statutes 2022, section 611A.32, is amended to read:

611A.32 deleted text begin BATTERED WOMENdeleted text end new text begin DOMESTIC ABUSEnew text end PROGRAMS.

Subdivision 1.

Grants awarded.

The commissioner shall award grants to programs which provide emergency shelter services deleted text begin to battered womendeleted text end new text begin , housing supports,new text end and support services to deleted text begin battered women anddeleted text end domestic abuse victims and their children. The commissioner shall also award grants for training, technical assistance, and for the development and implementation of education programs to increase public awareness of the causes of deleted text begin batteringdeleted text end new text begin domestic abusenew text end , the solutions to preventing and ending domestic violence, and the problems faced by deleted text begin battered women anddeleted text end domestic abuse victims. Grants shall be awarded in a manner that ensures that they are equitably distributed to programs serving metropolitan and nonmetropolitan populations. deleted text begin By July 1, 1995, community-based domestic abuse advocacy and support services programs must be established in every judicial assignment district.deleted text end

Subd. 1a.

Program for American Indian deleted text begin womendeleted text end new text begin domestic abuse victimsnew text end .

The commissioner shall establish at least one program under this section to provide emergency shelter services and support services to deleted text begin battereddeleted text end American Indian deleted text begin womendeleted text end new text begin domestic abuse victims and their childrennew text end . The commissioner shall grant continuing operating expenses to the program established under this subdivision in the same manner as operating expenses are granted to programs established under subdivision 1.

Subd. 2.

Applications.

Any public or private nonprofit agency may apply to the commissioner for a grant to provide emergency shelter services deleted text begin to battered womendeleted text end ,new text begin housing supports,new text end support servicesnew text begin , and one or more of these services and supportsnew text end to domestic abuse victimsdeleted text begin , or both, to battered womendeleted text end and their children. The application shall be submitted in a form approved by the commissioner by rule adopted under chapter 14 and shall include:

(1) a proposal for the provision of emergency shelter services deleted text begin for battered womendeleted text end ,new text begin housing supports,new text end support servicesnew text begin , and one or more of these services and supportsnew text end for domestic abuse victimsdeleted text begin , or both, for battered womendeleted text end and their children;

(2) a proposed budget;

(3) the agency's overall operating budget, including documentation on the retention of financial reserves and availability of additional funding sources;

(4) evidence of an ability to integrate into the proposed program the uniform method of data collection and program evaluation established under section 611A.33;

(5) evidence of an ability to represent the interests of deleted text begin battered women anddeleted text end domestic abuse victims and their children to local law enforcement agencies and courts, county welfare agencies, and local boards or departments of health;

(6) evidence of an ability to do outreach to unserved and underserved populations and to provide culturally and linguistically appropriate services; and

(7) any other content the commissioner may require by rule adopted under chapter 14deleted text begin , after considering the recommendations of the advisory councildeleted text end .

Programs which have been approved for grants in prior years may submit materials which indicate changes in items listed in clauses (1) to (7), in order to qualify for renewal funding. Nothing in this subdivision may be construed to require programs to submit complete applications for each year of renewal funding.

Subd. 3.

Duties of grantees.

Every public or private nonprofit agency which receives a grant to provide emergency shelter services deleted text begin to battered women anddeleted text end new text begin , housing supports, ornew text end support services to deleted text begin battered women anddeleted text end domestic abuse victims shall comply with all rules of the commissioner related to the administration of the deleted text begin pilotdeleted text end programs.

Subd. 5.

Classification of data collected by grantees.

Personal history information and other information collected, used or maintained by a grantee from which the identity or location of any victim of domestic abuse may be determined is private data on individuals, as defined in section 13.02, subdivision 12, and the grantee shall maintain the data in accordance with the provisions of chapter 13.

Sec. 56.

Minnesota Statutes 2022, section 611A.51, is amended to read:

611A.51 TITLE.

Sections 611A.51 to 611A.68 shall be known as the "Minnesota Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Act."

Sec. 57.

Minnesota Statutes 2022, section 611A.52, subdivision 3, is amended to read:

Subd. 3.

Board.

"Board" means the Crime Victims deleted text begin reparationsdeleted text end new text begin Reimbursementnew text end Board established by section 611A.55.

Sec. 58.

Minnesota Statutes 2022, section 611A.52, subdivision 4, is amended to read:

Subd. 4.

Claimant.

"Claimant" means a person entitled to apply for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end pursuant to sections 611A.51 to 611A.68.

Sec. 59.

Minnesota Statutes 2022, section 611A.52, subdivision 5, is amended to read:

Subd. 5.

Collateral source.

"Collateral source" means a source of benefits or advantages for economic loss otherwise deleted text begin reparabledeleted text end new text begin reimbursablenew text end under sections 611A.51 to 611A.68 which the victim or claimant has received, or which is readily available to the victim, from:

(1) the offender;

(2) the government of the United States or any agency thereof, a state or any of its political subdivisions, or an instrumentality of two or more states, unless the law providing for the benefits or advantages makes them excess or secondary to benefits under sections 611A.51 to 611A.68;

(3) Social Security, Medicare, and Medicaid;

(4) state required temporary nonoccupational disability insurance;

(5) workers' compensation;

(6) wage continuation programs of any employer;

(7) proceeds of a contract of insurance payable to the victim for economic loss sustained because of the crime;

(8) a contract providing prepaid hospital and other health care services, or benefits for disability;

(9) any private source as a voluntary donation or gift; or

(10) proceeds of a lawsuit brought as a result of the crime.

The term does not include a life insurance contract.

Sec. 60.

Minnesota Statutes 2022, section 611A.53, is amended to read:

611A.53 deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENT new text end AWARDS PROHIBITED.

Subdivision 1.

Generally.

Except as provided in subdivisions 1a and 2, the following persons shall be entitled to deleted text begin reparationsdeleted text end new text begin reimbursementnew text end upon a showing by a preponderance of the evidence that the requirements for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end have been met:

(1) a victim who has incurred economic loss;

(2) a dependent who has incurred economic loss;

(3) the estate of a deceased victim if the estate has incurred economic loss;

(4) any other person who has incurred economic loss by purchasing any of the products, services, and accommodations described in section 611A.52, subdivision 8, for a victim;

(5) the guardian, guardian ad litem, conservator or authorized agent of any of these persons.

Subd. 1a.

Providers; limitations.

No hospital, medical organization, health care provider, or other entity that is not an individual may qualify for reparations under subdivision 1, clause (4). If a hospital, medical organization, health care provider, or other entity that is not an individual qualifies for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end under subdivision 1, clause (5), because it is a guardian, guardian ad litem, conservator, or authorized agent, any deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which it is entitled must be made payable solely or jointly to the victim, if alive, or to the victim's estate or successors, if the victim is deceased.

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, United States possession, country, or political subdivision of a country in which the crime occurred does not have a crime deleted text begin victim reparationsdeleted text end new text begin victims reimbursementnew text end 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 deleted text begin reparationsdeleted text end new text begin reimbursementnew text end law.

Subd. 2.

Limitations on awards.

No deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be awarded to a claimant otherwise eligible if:

(1) the crime was not reported to the police within 30 days of its occurrence or, if it could not reasonably have been reported within that period, within 30 days of the time when a report could reasonably have been made. A victim of criminal sexual conduct in the first, second, third, or fourth degree who does not report the crime within 30 days of its occurrence is deemed to have been unable to have reported it within that period;

(2) the victim or claimant failed or refused to cooperate fully with the police and other law enforcement officialsnew text begin . Cooperation is determined through law enforcement reports, prosecutor records, or corroboration memorialized in a signed document submitted by a victim service, counseling, or medical professional involved in the casenew text end ;

(3) the victim or claimant was the offender or an accomplice of the offender or an award to the claimant would unjustly benefit the offender or an accomplice;

(4) the victim or claimant was in the act of committing a crime at the time the injury occurred;

(5) no claim was filed with the board within three years of victim's injury or death; except that (i) if the claimant was unable to file a claim within that period, then the claim can be made within three years of the time when a claim could have been filed; and (ii) if the victim's injury or death was not reasonably discoverable within three years of the injury or death, then the claim can be made within three years of the time when the injury or death is reasonably discoverable. The following circumstances do not render a claimant unable to file a claim for the purposes of this clause: (A) lack of knowledge of the existence of the Minnesota Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Act, (B) the failure of a law enforcement agency to provide information or assistance to a potential claimant under section 611A.66, (C) the incompetency of the claimant if the claimant's affairs were being managed during that period by a guardian, guardian ad litem, conservator, authorized agent, or parent, or (D) the fact that the claimant is not of the age of majority; or

(6) the claim is less than $50.

The limitations contained in clauses (1) and (6) do not apply to victims of child abuse. In those cases the three-year limitation period commences running with the report of the crime to the police.

Sec. 61.

Minnesota Statutes 2022, section 611A.54, is amended to read:

611A.54 AMOUNT OF deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end .

deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end shall equal economic loss except that:

(1) deleted text begin reparationsdeleted text end new text begin reimbursement new text end shall be reduced to the extent that economic loss is recouped from a collateral source or collateral sources. Where compensation is readily available to a claimant from a collateral source, the claimant must take reasonable steps to recoup from the collateral source before claiming deleted text begin reparationsdeleted text end new text begin reimbursementnew text end ;

(2) deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be denied or reduced to the extent, if any, that the board deems reasonable because of the contributory misconduct of the claimant or of a victim through whom the claimant claimsnew text begin . Contributory misconduct does not include current or past affiliation with any particular groupnew text end ; and

(3) deleted text begin reparationsdeleted text end new text begin reimbursementnew text end paid to all claimants suffering economic loss as the result of the injury or death of any one victim shall not exceed $50,000.

No employer may deny an employee an award of benefits based on the employee's eligibility or potential eligibility for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end .

Sec. 62.

Minnesota Statutes 2022, section 611A.55, is amended to read:

611A.55 CRIME VICTIMS deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end BOARD.

Subdivision 1.

Creation of board.

There is created in the Department of Public Safety, for budgetary and administrative purposes, the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Board, which shall consist of five members appointed by the commissioner of public safety. One of the members shall be designated as chair by the commissioner of public safety and serve as such at the commissioner's pleasure. At least one member shall be a medical or osteopathic physician licensed to practice in this state, and at least one member shall be a victim, as defined in section 611A.01.

Subd. 2.

Membership, terms and compensation.

The membership terms, compensation, removal of members, and filling of vacancies on the board shall be as provided in section 15.0575.

Subd. 3.

Part-time service.

Members of the board shall serve part time.

Sec. 63.

Minnesota Statutes 2022, section 611A.56, is amended to read:

611A.56 POWERS AND DUTIES OF BOARD.

Subdivision 1.

Duties.

In addition to carrying out any duties specified elsewhere in sections 611A.51 to 611A.68 or in other law, the board shall:

(1) provide all claimants with an opportunity for hearing pursuant to chapter 14;

(2) adopt rules to implement and administer sections 611A.51 to 611A.68, including rules governing the method of practice and procedure before the board, prescribing the manner in which applications for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end shall be made, and providing for discovery proceedings;

(3) publicize widely the availability of deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and the method of making claims; and

(4) prepare and transmit annually to the governor and the commissioner of public safety a report of its activities including the number of claims awarded, a brief description of the facts in each case, the amount of deleted text begin reparationdeleted text end new text begin reimbursementnew text end awarded, and a statistical summary of claims and awards made and denied.

Subd. 2.

Powers.

In addition to exercising any powers specified elsewhere in sections 611A.51 to 611A.68 or other law, the board upon its own motion or the motion of a claimant or the attorney general may:

(1) issue subpoenas for the appearance of witnesses and the production of books, records, and other documents;

(2) administer oaths and affirmations and cause to be taken affidavits and depositions within and without this state;

(3) take notice of judicially cognizable facts and general, technical, and scientific facts within their specialized knowledge;

(4) order a mental or physical examination of a victim or an autopsy of a deceased victim provided that notice is given to the person to be examined and that the claimant and the attorney general receive copies of any resulting report;

(5) suspend or postpone the proceedings on a claim if a criminal prosecution arising out of the incident which is the basis of the claim has been commenced or is imminent;

(6) request from prosecuting attorneys and law enforcement officers investigations and data to enable the board to perform its duties under sections 611A.51 to 611A.68;

(7) grant emergency deleted text begin reparationsdeleted text end new text begin reimbursementnew text end pending the final determination of a claim if it is one with respect to which an award will probably be made and undue hardship will result to the claimant if immediate payment is not made; and

(8) reconsider any decision granting or denying deleted text begin reparationsdeleted text end new text begin reimbursementnew text end or determining their amount.

Sec. 64.

Minnesota Statutes 2022, section 611A.57, subdivision 5, is amended to read:

Subd. 5.

Reconsideration.

The claimant may, within 30 days after receiving the decision of the board, apply for reconsideration before the entire board. Upon request for reconsideration, the board shall reexamine all information filed by the claimant, including any new information the claimant provides, and all information obtained by investigation. The board may also conduct additional examination into the validity of the claim. Upon reconsideration, the board may affirm, modify, or reverse the prior ruling. A claimant denied deleted text begin reparationsdeleted text end new text begin reimbursementnew text end upon reconsideration is entitled to a contested case hearing within the meaning of chapter 14.

Sec. 65.

Minnesota Statutes 2022, section 611A.57, subdivision 6, is amended to read:

Subd. 6.

Data.

Claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and supporting documents and reports are investigative data and subject to the provisions of section 13.39 until the claim is paid, denied, withdrawn, or abandoned. Following the payment, denial, withdrawal, or abandonment of a claim, the claim and supporting documents and reports are private data on individuals as defined in section 13.02, subdivision 12; provided that the board may forward any deleted text begin reparationsdeleted text end new text begin reimbursementnew text end claim forms, supporting documents, and reports to local law enforcement authorities for purposes of implementing section 611A.67.

Sec. 66.

Minnesota Statutes 2022, section 611A.60, is amended to read:

611A.60 deleted text begin REPARATIONSdeleted text end new text begin REIMBURSEMENTnew text end ; HOW PAID.

deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end may be awarded in a lump sum or in installments in the discretion of the board. The amount of any emergency award shall be deducted from the final award, if a lump sum, or prorated over a period of time if the final award is made in installments. deleted text begin Reparations aredeleted text end new text begin Reimbursement is new text end exempt from execution or attachment except by persons who have supplied services, products or accommodations to the victim as a result of the injury or death which is the basis of the claim. The board, in its discretion may order that all or part of the deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded be paid directly to these suppliers.

Sec. 67.

Minnesota Statutes 2022, section 611A.61, is amended to read:

611A.61 SUBROGATION.

Subdivision 1.

Subrogation rights of state.

The state shall be subrogated, to the extent of deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded, to all the claimant's rights to recover benefits or advantages for economic loss from a source which is or, if readily available to the victim or claimant would be, a collateral source. Nothing in this section shall limit the claimant's right to bring a cause of action to recover for other damages.

Subd. 2.

Duty of claimant to assist.

A claimant who receives deleted text begin reparationsdeleted text end new text begin reimbursementnew text end must agree to assist the state in pursuing any subrogation rights arising out of the claim. The board may require a claimant to agree to represent the state's subrogation interests if the claimant brings a cause of action for damages arising out of the crime or occurrence for which the board has awarded deleted text begin reparationsdeleted text end new text begin reimbursementnew text end . An attorney who represents the state's subrogation interests pursuant to the client's agreement with the board is entitled to reasonable attorney's fees not to exceed one-third of the amount recovered on behalf of the state.

Sec. 68.

Minnesota Statutes 2022, section 611A.612, is amended to read:

611A.612 CRIME VICTIMS ACCOUNT.

A crime victim account is established as a special account in the state treasury. Amounts collected by the state under section 611A.61, paid to the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Board under section 611A.04, subdivision 1a, or amounts deposited by the court under section 611A.04, subdivision 5, shall be credited to this account. Money credited to this account is annually appropriated to the Department of Public Safety for use for crime victim deleted text begin reparationsdeleted text end new text begin reimbursementnew text end under sections 611A.51 to 611A.67.

Sec. 69.

Minnesota Statutes 2022, section 611A.66, is amended to read:

611A.66 LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS OF RIGHT TO FILE CLAIM.

All law enforcement agencies investigating crimes shall provide victims with notice of their right to apply for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end with the telephone number deleted text begin to call to requestdeleted text end new text begin and website information to obtainnew text end an application form.

Law enforcement agencies shall assist the board in performing its duties under sections 611A.51 to 611A.68. Law enforcement agencies within ten days after receiving a request from the board shall supply the board with requested reports, notwithstanding any provisions to the contrary in chapter 13, and including reports otherwise maintained as confidential or not open to inspection under section 260B.171 or 260C.171. All data released to the board retains the data classification that it had in the possession of the law enforcement agency.

Sec. 70.

Minnesota Statutes 2022, section 611A.68, subdivision 2a, is amended to read:

Subd. 2a.

Notice and payment of proceeds to board required.

A person that enters into a contract with an offender convicted in this state, and a person that enters into a contract in this state with an offender convicted in this state or elsewhere within the United States, must comply with this section if the person enters into the contract during the ten years after the offender is convicted of a crime or found not guilty by reason of insanity. If an offender is imprisoned or committed to an institution following the conviction or finding of not guilty by reason of insanity, the ten-year period begins on the date of the offender's release. A person subject to this section must notify the Crime Victims deleted text begin Reparationsdeleted text end new text begin Reimbursementnew text end Board of the existence of the contract immediately upon its formation, and pay over to the board money owed to the offender or the offender's representatives by virtue of the contract according to the following proportions:

(1) if the crime occurred in this state, the person shall pay to the board 100 percent of the money owed under the contract;

(2) if the crime occurred in another jurisdiction having a law applicable to the contract which is substantially similar to this section, this section does not apply, and the person must not pay to the board any of the money owed under the contract; and

(3) in all other cases, the person shall pay to the board that percentage of money owed under the contract which can fairly be attributed to commerce in this state with respect to the subject matter of the contract.

Sec. 71.

Minnesota Statutes 2022, section 611A.68, subdivision 4, is amended to read:

Subd. 4.

Deductions.

When the board has made deleted text begin reparationsdeleted text end new text begin reimbursementnew text end payments to or on behalf of a victim of the offender's crime pursuant to sections 611A.51 to 611A.68, it shall deduct the amount of the deleted text begin reparationsdeleted text end new text begin reimbursementnew text end award from any payment received under this section by virtue of the offender's contract unless the board has already been reimbursed for the deleted text begin reparationsdeleted text end award from another collateral source.

Sec. 72.

Minnesota Statutes 2022, section 611A.68, subdivision 4b, is amended to read:

Subd. 4b.

Claims by victims of offender's crime.

A victim of a crime committed by the offender and the estate of a deceased victim of a crime committed by the offender may submit the following claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end and damages to the board to be paid from money received by virtue of the offender's contract:

(1) claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which the victim is entitled under sections 611A.51 to 611A.68 and for which the victim has not yet received an award from the board;

(2) claims for deleted text begin reparationsdeleted text end new text begin reimbursementnew text end to which the victim would have been entitled under sections 611A.51 to 611A.68, but for the $50,000 maximum limit contained in section 611A.54, clause (3); and

(3) claims for other uncompensated damages suffered by the victim as a result of the offender's crime including, but not limited to, damages for pain and suffering.

The victim must file the claim within five years of the date on which the board received payment under this section. The board shall determine the victim's claim in accordance with the procedures contained in sections 611A.57 to 611A.63. An award made by the board under this subdivision must be paid from the money received by virtue of the offender's contract that remains after a deduction or allocation, if any, has been made under subdivision 4 or 4a.

Sec. 73.

Minnesota Statutes 2022, section 611A.68, subdivision 4c, is amended to read:

Subd. 4c.

Claims by other crime victims.

The board may use money received by virtue of an offender's contract for the purpose of paying deleted text begin reparationsdeleted text end new text begin reimbursementnew text end awarded to victims of other crimes pursuant to sections 611A.51 to 611A.68 under the following circumstances:

(1) money remain after deductions and allocations have been made under subdivisions 4 and 4a, and claims have been paid under subdivision 4b; or

(2) no claim is filed under subdivision 4b within five years of the date on which the board received payment under this section.

None of this money may be used for purposes other than deleted text begin the payment of reparationsdeleted text end new text begin reimbursementnew text end .

Sec. 74.

Minnesota Statutes 2022, section 629.341, subdivision 3, is amended to read:

Subd. 3.

Notice of rights.

The peace officer shall tell the victim whether a shelter or other services are available in the community and give the victim immediate notice of the legal rights and remedies available. The notice must include furnishing the victim a copy of the following statement:

"IF YOU ARE THE VICTIM OF DOMESTIC VIOLENCE, you can ask the city or county attorney to file a criminal complaint. You also have the right to go to court and file a petition requesting an order for protection from domestic abuse. The order could include the following:

(1) an order restraining the abuser from further acts of abuse;

(2) an order directing the abuser to leave your household;

(3) an order preventing the abuser from entering your residence, school, business, or place of employment;

(4) an order awarding you or the other parent custody of or parenting time with your minor child or children; or

(5) an order directing the abuser to pay support to you and the minor children if the abuser has a legal obligation to do so."

The notice must include the resource listing, including telephone number, for the area deleted text begin battered women'sdeleted text end new text begin program that provides services to victims of domestic abuse asnew text end shelter, deleted text begin to bedeleted text end designated by the new text begin Office of Justice Programs in the new text end Department of deleted text begin Correctionsdeleted text end new text begin Public Safetynew text end .

Sec. 75.

Minnesota Statutes 2022, section 629.341, subdivision 4, is amended to read:

Subd. 4.

Report required.

Whenever a peace officer investigates an allegation that an incident described in subdivision 1 has occurred, whether or not an arrest is made, the officer shall make a written police report of the alleged incident. The report must contain at least the following information: the name, address and telephone number of the victim, if provided by the victim, a statement as to whether an arrest occurred, the name of the arrested person, and a brief summary of the incident. Data that identify a victim who has made a request under section 13.82, subdivision 17, paragraph (d), and that are private data under that subdivision, shall be private in the report required by this section. A copy of this report must be provided upon request, at no cost, to the victim of domestic abuse, the victim's attorney, or organizations designated by the Office of Justice Programs in the Department of Public Safety deleted text begin or the commissioner of correctionsdeleted text end that are providing services to victims of domestic abuse. The officer shall submit the report to the officer's supervisor or other person to whom the employer's rules or policies require reports of similar allegations of criminal activity to be made.

Sec. 76.

Minnesota Statutes 2022, section 629.72, subdivision 6, is amended to read:

Subd. 6.

Notice; release of arrested person.

(a) Immediately after issuance of a citation in lieu of continued detention under subdivision 1, or the entry of an order for release under subdivision 2, but before the arrested person is released, the agency having custody of the arrested person or its designee must make a reasonable and good faith effort to inform orally the alleged victim, local law enforcement agencies known to be involved in the case, if different from the agency having custody, and, at the victim's request any local battered women's and domestic abuse programs established under section 611A.32 or sexual assault programs of:

(1) the conditions of release, if any;

(2) the time of release;

(3) the time, date, and place of the next scheduled court appearance of the arrested person and the victim's right to be present at the court appearance; and

(4) if the arrested person is charged with domestic abuse, the location and telephone number of the area deleted text begin battered women's shelterdeleted text end new text begin program that provides services to victims of domestic abusenew text end as designated by the Office of Justice Programs in the Department of Public Safety.

(b) As soon as practicable after an order for conditional release is entered, the agency having custody of the arrested person or its designee must personally deliver or mail to the alleged victim a copy of the written order and written notice of the information in paragraph (a), clauses (2) and (3).

(c) Data on the victim and the notice provided by the custodial authority are private data on individuals as defined in section 13.02, subdivision 12, and are accessible only to the victim.

Sec. 77.

new text begin RULES; SOFT BODY ARMOR REIMBURSEMENT. new text end

new text begin The commissioner of public safety shall amend rules adopted under Minnesota Statutes, section 299A.38, subdivision 4, to reflect the soft body armor reimbursement for public safety officers under that section. new text end

Sec. 78.

new text begin INITIAL APPOINTMENT AND FIRST MEETING FOR THE GAAGIGE-MIKWENDAAGOZIWAG REWARD ADVISORY GROUP. new text end

new text begin The director of the Office for Missing and Murdered Indigenous Relatives must appoint the first members to the Gaagige-Mikwendaagoziwag reward advisory group under Minnesota Statutes, section 299A.86, subdivision 4, by August 15, 2023, and must convene the first meeting of the group by October 1, 2023. The group must elect a chair at its first meeting. new text end

Sec. 79.

new text begin REVISOR INSTRUCTION. new text end

new text begin (a) In Minnesota Statutes, the revisor of statutes shall change "reparations," "reparable," or the same or similar terms to "reimbursement," "reimbursable," or the same or similar terms consistent with this act. The revisor shall also make other technical changes resulting from the change of term to the statutory language, sentence structure, or both, if necessary to preserve the meaning of the text. new text end

new text begin (b) The revisor of statutes shall make necessary changes to statutory cross-references to reflect the changes made to Minnesota Statutes, section 299A.38, in this act. new text end

new text begin (c) The revisor of statutes shall make necessary changes to language, grammar, and sentence structure in Minnesota Statutes sections 629.06, 629.13, and 629.14 to give effect to Laws 2023, chapters 29, sections 8, 9, and 10; and 31, sections 12, 13, and 14. new text end

Sec. 80.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2022, sections 299C.80, subdivision 7; and 518B.02, subdivision 3, new text end new text begin are repealed. new text end

ARTICLE 6

SENTENCING

Section 1.

Minnesota Statutes 2022, section 244.09, subdivision 2, is amended to read:

Subd. 2.

Members.

The Sentencing Guidelines Commission shall consist of the following:

(1) the chief justice of the supreme court or a designee;

(2) one judge of the court of appeals, appointed by the chief deleted text begin justice of the supreme courtdeleted text end new text begin judge of the appellate courtnew text end ;

(3) one district court judge appointed by the deleted text begin chief justice of the supreme courtdeleted text end new text begin Judicial Council upon recommendation of the Minnesota District Judges Associationnew text end ;

(4) one public defender appointed by the governor upon recommendation of the state public defender;

(5) one county attorney appointed by the governor upon recommendation of the board of directors of the Minnesota County Attorneys Association;

(6) the commissioner of corrections or a designee;

(7) one peace officer as defined in section 626.84 appointed by the governor;

(8) one probation officer or deleted text begin paroledeleted text end new text begin supervised releasenew text end officer appointed by the governor; deleted text begin anddeleted text end

(9) new text begin one person who works for an organization that provides treatment or rehabilitative services for individuals convicted of felony offenses appointed by the governor;new text end

new text begin (10) one person who is an academic with a background in criminal justice or corrections appointed by the governor; and new text end

new text begin (11) new text end three public members appointed by the governor, one of whom shall be a new text begin person who has been the new text end victim of a crime defined as a felonynew text begin or a victims' advocate, and one of whom shall be a person who has been formerly convicted of and discharged from a felony-level sentencenew text end .

When an appointing authority selects individuals for membership on the commission, the authority shall make reasonable efforts to appoint qualified members of protected groups, as defined in section 43A.02, subdivision 33.

One of the members shall be designated by the governor as chair of the commission.

Sec. 2.

Minnesota Statutes 2022, section 244.09, subdivision 3, is amended to read:

Subd. 3.

Appointment terms.

new text begin (a) Except as provided in paragraph (b), new text end each appointed member shall be appointed for four years and shall continue to serve during that time as long as the member occupies the position which made the member eligible for the appointment. Each member shall continue in office until a successor is duly appointed. Members shall be eligible for reappointment, and appointment may be made to fill an unexpired term.

new text begin (b) new text end The term of any member appointed or reappointed by the governor before the first Monday in January deleted text begin 1991deleted text end new text begin 2027new text end expires on that date. deleted text begin The term of any member appointed or reappointed by the governor after the first Monday in January 1991 is coterminous with the governor.deleted text end new text begin The terms of members appointed or reappointed by the governor to fill the vacancies that occur on the first Monday in January 2027 shall be staggered so that five members shall be appointed for initial terms of four years and four members shall be appointed for initial terms of two years.new text end

new text begin (c) new text end The members of the commission shall elect any additional officers necessary for the efficient discharge of their duties.

Sec. 3.

Minnesota Statutes 2022, section 244.09, is amended by adding a subdivision to read:

new text begin Subd. 15. new text end

new text begin Report on sentencing adjustments. new text end

new text begin The Sentencing Guidelines Commission shall include in its annual report to the legislature a summary and analysis of sentence adjustments issued under section 609.133. At a minimum, the summary and analysis must include information on the counties where a sentencing adjustment was granted and on the race, sex, and age of individuals who received a sentence adjustment. new text end

Sec. 4.

Minnesota Statutes 2022, section 609.02, subdivision 2, is amended to read:

Subd. 2.

Felony.

"Felony" means a crime for which a sentence of imprisonment for deleted text begin more thandeleted text end one year new text begin or more new text end may be imposed.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 5.

Minnesota Statutes 2022, section 609.03, is amended to read:

609.03 PUNISHMENT WHEN NOT OTHERWISE FIXED.

If a person is convicted of a crime for which no punishment is otherwise provided the person may be sentenced as follows:

(1) If the crime is a felony, to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both; or

(2) If the crime is a gross misdemeanor, to imprisonment for not more than deleted text begin one yeardeleted text end new text begin 364 daysnew text end or to payment of a fine of not more than $3,000, or both; or

(3) If the crime is a misdemeanor, to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both; or

(4) If the crime is other than a misdemeanor and a fine is imposed but the amount is not specified, to payment of a fine of not more than $1,000, or to imprisonment for a specified term of not more than six months if the fine is not paid.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to offenders receiving a gross misdemeanor sentence on or after that date and retroactively to offenders who received a gross misdemeanor sentence before that date. new text end

Sec. 6.

new text begin [609.0342] MAXIMUM PUNISHMENT FOR GROSS MISDEMEANORS. new text end

new text begin (a) Any law of this state that provides for a maximum sentence of imprisonment of one year or is defined as a gross misdemeanor shall be deemed to provide for a maximum fine of $3,000 and a maximum sentence of imprisonment of 364 days. new text end

new text begin (b) Any sentence of imprisonment for one year or 365 days imposed or executed before July 1, 2023, shall be deemed to be a sentence of imprisonment for 364 days. A court may at any time correct or reduce such a sentence pursuant to rule 27.03, subdivision 9, of the Rules of Criminal Procedure and shall issue a corrected sentencing order upon motion of any eligible defendant. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and applies to offenders receiving a gross misdemeanor sentence on or after that date and retroactively to offenders who received a gross misdemeanor sentence before that date. new text end

Sec. 7.

Minnesota Statutes 2022, section 609.105, subdivision 1, is amended to read:

Subdivision 1.

Sentence to deleted text begin more thandeleted text end one yearnew text begin or morenew text end .

A felony sentence to imprisonment for deleted text begin more thandeleted text end one year new text begin or more new text end shall commit the defendant to the custody of the commissioner of corrections.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 8.

Minnesota Statutes 2022, section 609.105, subdivision 3, is amended to read:

Subd. 3.

Sentence to new text begin less than new text end one year deleted text begin or lessdeleted text end .

A sentence to imprisonment for a period of new text begin less than new text end one year deleted text begin or any lesser perioddeleted text end shall be to a workhouse, work farm, county jail, or other place authorized by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 9.

Minnesota Statutes 2022, section 609.1055, is amended to read:

609.1055 OFFENDERS WITH SERIOUS AND PERSISTENT MENTAL ILLNESS; ALTERNATIVE PLACEMENT.

When a court intends to commit an offender with a serious and persistent mental illness, as defined in section 245.462, subdivision 20, paragraph (c), to the custody of the commissioner of corrections for imprisonment at a state correctional facility, either when initially pronouncing a sentence or when revoking an offender's probation, the court, when consistent with public safety, may instead place the offender on probation or continue the offender's probation and require as a condition of the probation that the offender successfully complete an appropriate supervised alternative living program having a mental health treatment component. This section applies only to offenders who would have a remaining term of imprisonment after adjusting for credit for prior imprisonment, if any, of deleted text begin more thandeleted text end one yearnew text begin or morenew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 10.

new text begin [609.133] SENTENCE ADJUSTMENT. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin As used in this section: new text end

new text begin (1) "prosecutor" means the attorney general, county attorney, or city attorney responsible for the prosecution of individuals charged with a crime; and new text end

new text begin (2) "victim" has the meaning given in section 611A.01. new text end

new text begin Subd. 2. new text end

new text begin Prosecutor-initiated sentence adjustment. new text end

new text begin The prosecutor responsible for the prosecution of an individual convicted of a crime may commence a proceeding to adjust the sentence of that individual at any time after the initial sentencing provided the prosecutor does not seek to increase the period of confinement or, if the individual is serving a stayed sentence, increase the period of supervision. new text end

new text begin Subd. 3. new text end

new text begin Review by prosecutor. new text end

new text begin (a) A prosecutor may review individual cases at the prosecutor's discretion. new text end

new text begin (b) Prior to filing a petition under this section, a prosecutor shall make a reasonable and good faith effort to seek input from any identifiable victim and shall consider the impact an adjusted sentence would have on the victim. new text end

new text begin (c) The commissioner of corrections, a supervising agent, or an offender may request that a prosecutor review an individual case. A prosecutor is not required to respond to a request. Inaction by a prosecutor shall not be considered by any court as grounds for an offender, a supervising agent, or the commissioner of corrections to petition for a sentence adjustment under this section or for a court to adjust a sentence without a petition. new text end

new text begin Subd. 4. new text end

new text begin Petition; contents; fee. new text end

new text begin (a) A prosecutor's petition for sentence adjustment shall be filed in the district court where the individual was convicted and include the following: new text end

new text begin (1) the full name of the individual on whose behalf the petition is being brought and, to the extent possible, all other legal names or aliases by which the individual has been known at any time; new text end

new text begin (2) the individual's date of birth; new text end

new text begin (3) the individual's address; new text end

new text begin (4) a brief statement of the reason the prosecutor is seeking a sentence adjustment for the individual; new text end

new text begin (5) the details of the offense for which an adjustment is sought, including: new text end

new text begin (i) the date and jurisdiction of the occurrence; new text end

new text begin (ii) either the names of any victims or that there were no identifiable victims; new text end

new text begin (iii) whether there is a current order for protection, restraining order, or other no contact order prohibiting the individual from contacting the victims or whether there has ever been a prior order for protection or restraining order prohibiting the individual from contacting the victims; new text end

new text begin (iv) the court file number; and new text end

new text begin (v) the date of conviction; new text end

new text begin (6) what steps the individual has taken since the time of the offense toward personal rehabilitation, including treatment, work, good conduct within correctional facilities, or other personal history that demonstrates rehabilitation; new text end

new text begin (7) the individual's criminal conviction record indicating all convictions for misdemeanors, gross misdemeanors, or felonies in this state, and for all comparable convictions in any other state, federal court, or foreign country, whether the convictions occurred before or after the conviction for which an adjustment is sought; new text end

new text begin (8) the individual's criminal charges record indicating all prior and pending criminal charges against the individual in this state or another jurisdiction, including all criminal charges that have been continued for dismissal, stayed for adjudication, or were the subject of pretrial diversion; and new text end

new text begin (9) to the extent known, all prior requests by the individual, whether for the present offense or for any other offenses in this state or any other state or federal court, for pardon, return of arrest records, or expungement or sealing of a criminal record, whether granted or not, and all stays of adjudication or imposition of sentence involving the petitioner. new text end

new text begin (b) The filing fee for a petition brought under this section shall be waived. new text end

new text begin Subd. 5. new text end

new text begin Service of petition. new text end

new text begin (a) The prosecutor shall serve the petition for sentence adjustment on the individual on whose behalf the petition is being brought. new text end

new text begin (b) The prosecutor shall make a good faith and reasonable effort to notify any person determined to be a victim of the offense for which adjustment is sought of the existence of a petition. Notification under this paragraph does not constitute a violation of an existing order for protection, restraining order, or other no contact order. new text end

new text begin (c) Notice to victims of the offense under this subdivision must: new text end

new text begin (1) specifically inform the victim of the right to object, orally or in writing, to the proposed adjustment of sentence; and new text end

new text begin (2) inform the victims of the right to be present and to submit an oral or written statement at the hearing described in subdivision 6. new text end

new text begin (d) If a victim notifies the prosecutor of an objection to the proposed adjustment of sentence and is not present when the court considers the sentence adjustment, the prosecutor shall make these objections known to the court. new text end

new text begin Subd. 6. new text end

new text begin Hearing. new text end

new text begin (a) The court shall hold a hearing on the petition no sooner than 60 days after service of the petition. The hearing shall be scheduled so that the parties have adequate time to prepare and present arguments regarding the issue of sentence adjustment. The parties may submit written arguments to the court prior to the date of the hearing and may make oral arguments before the court at the hearing. The individual on whose behalf the petition has been brought must be present at the hearing, unless excused under Minnesota Rules of Criminal Procedure, rule 26.03, subdivision 1, clause (3). new text end

new text begin (b) A victim of the offense for which sentence adjustment is sought has a right to submit an oral or written statement to the court at the time of the hearing describing the harm suffered by the victim as a result of the crime and the victim's recommendation on whether adjustment should be granted or denied. The judge shall consider the victim's statement when making a decision. new text end

new text begin (c) Representatives of the Department of Corrections, supervising agents, community treatment providers, and any other individual with relevant information may submit an oral or written statement to the court at the time of the hearing. new text end

new text begin Subd. 7. new text end

new text begin Nature of remedy; standard. new text end

new text begin (a) The court shall determine whether there are substantial and compelling reasons to adjust the individual's sentence. In making this determination, the court shall consider what impact, if any, a sentence adjustment would have on public safety, including whether an adjustment would promote the rehabilitation of the individual, properly reflect the severity of the underlying offense, or reduce sentencing disparities. In making this determination, the court may consider factors relating to both the offender and the offense, including but not limited to: new text end

new text begin (1) the presentence investigation report used at sentencing, if available; new text end

new text begin (2) the individual's performance on probation or supervision; new text end

new text begin (3) the individual's disciplinary record during any period of incarceration; new text end

new text begin (4) records of any rehabilitation efforts made by the individual since the date of offense and any plan to continue those efforts in the community; new text end

new text begin (5) evidence that remorse, age, diminished physical condition, or any other factor has significantly reduced the likelihood that the individual will commit a future offense; new text end

new text begin (6) the amount of time the individual has served in custody or under supervision; and new text end

new text begin (7) significant changes in law or sentencing practice since the date of offense. new text end

new text begin (b) Notwithstanding any law to the contrary, if the court determines by a preponderance of the evidence that there are substantial and compelling reasons to adjust the individual's sentence, the court may modify the sentence in any way provided the adjustment does not: new text end

new text begin (1) increase the period of confinement or, if the individual is serving a stayed sentence, increase the period of supervision; new text end

new text begin (2) reduce or eliminate the amount of court-ordered restitution; or new text end

new text begin (3) reduce or eliminate a term of conditional release required by law when a court commits an offender to the custody of the commissioner of corrections. new text end

new text begin The court may stay imposition or execution of sentence pursuant to section 609.135. new text end

new text begin (c) A sentence adjustment is not a valid basis to vacate the judgment of conviction, enter a judgment of conviction for a different offense, or impose sentence for any other offense. new text end

new text begin (d) The court shall state in writing or on the record the reasons for its decision on the petition. If the court grants a sentence adjustment, the court shall provide the information in section 244.09, subdivision 15, to the Sentencing Guidelines Commission. new text end

new text begin Subd. 8. new text end

new text begin Appeals. new text end

new text begin An order issued under this section shall not be considered a final judgment, but shall be treated as an order imposing or staying a sentence. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 11.

Minnesota Statutes 2022, section 609.135, subdivision 1a, is amended to read:

Subd. 1a.

Failure to pay restitution.

If the court orders payment of restitution as a condition of probation and if the defendant fails to pay the restitution in accordance with the payment schedule or structure established by the court or the probation officer, the prosecutor or the defendant's probation officer may, on the prosecutor's or the officer's own motion or at the request of the victim, ask the court to hold a hearing to determine whether or not the conditions of probation should be changed or probation should be revoked. The defendant's probation officer shall ask for the hearing if the restitution ordered has not been paid prior to 60 days before the term of probation expires. The court shall schedule and hold this hearing and take appropriate action, including action under subdivision 2, paragraph deleted text begin (g)deleted text end new text begin (h)new text end , before the defendant's term of probation expires.

Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104 when a defendant fails to pay court-ordered restitution.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 12.

Minnesota Statutes 2022, section 609.135, subdivision 1c, is amended to read:

Subd. 1c.

Failure to complete court-ordered treatment.

If the court orders a defendant to undergo treatment as a condition of probation and if the defendant fails to successfully complete treatment at least 60 days before the term of probation expires, the prosecutor or the defendant's probation officer may ask the court to hold a hearing to determine whether the conditions of probation should be changed or probation should be revoked. The court shall schedule and hold this hearing and take appropriate action, including action under subdivision 2, paragraph deleted text begin (h)deleted text end new text begin (i)new text end , before the defendant's term of probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 13.

Minnesota Statutes 2022, section 609.135, subdivision 2, is amended to read:

Subd. 2.

Stay of sentence maximum periods.

(a) new text begin Except as provided in paragraph (b), new text end if the conviction is for a felony deleted text begin other than section 609.2113, subdivision 1 or 2, 609.2114, subdivision 2, or section 609.3451, subdivision 1 or 1a, or Minnesota Statutes 2012, section 609.21, subdivision 1a, paragraph (b) or (c)deleted text end , the stay shall be for not more than deleted text begin fourdeleted text end new text begin fivenew text end years or the maximum period for which the sentence of imprisonment might have been imposed, whichever is deleted text begin longerdeleted text end new text begin lessnew text end .

new text begin (b) If the conviction is for a felony described in section 609.19; 609.195; 609.20; 609.2112; 609.2113, subdivision 2; 609.2662; 609.2663; 609.2664; 609.268; 609.342; 609.343; 609.344; 609.345; 609.3451; 609.3458; or 609.749, the stay shall be for not more than four years or the maximum period for which the sentence of imprisonment might have been imposed, whichever is longer. new text end

deleted text begin (b)deleted text end new text begin (c)new text end If the conviction is for a gross misdemeanor violation of section 169A.20, 609.2113, subdivision 3, or 609.3451, deleted text begin or for a felony described in section 609.2113, subdivision 1 or 2, 609.2114, subdivision 2, or 609.3451, subdivision 1 or 1a,deleted text end the stay shall be for not more than deleted text begin sixdeleted text end new text begin fournew text end years. The court shall provide for unsupervised probation for the last year of the stay unless the court finds that the defendant needs supervised probation for all or part of the last year.

deleted text begin (c)deleted text end new text begin (d)new text end If the conviction is for a gross misdemeanor not specified in paragraph deleted text begin (b)deleted text end new text begin (c)new text end , the stay shall be for not more than two years.

deleted text begin (d)deleted text end new text begin (e)new text end If the conviction is for any misdemeanor under section 169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a misdemeanor under section 609.2242 or 609.224, subdivision 1, in which the victim of the crime was a family or household member as defined in section 518B.01, the stay shall be for not more than two years. The court shall provide for unsupervised probation for the second year of the stay unless the court finds that the defendant needs supervised probation for all or part of the second year.

deleted text begin (e)deleted text end new text begin (f)new text end If the conviction is for a misdemeanor not specified in paragraph deleted text begin (d)deleted text end new text begin (e)new text end , the stay shall be for not more than one year.

deleted text begin (f)deleted text end new text begin (g)new text end The defendant shall be discharged six months after the term of the stay expires, unless the stay has been revoked or extended under paragraph deleted text begin (g)deleted text end new text begin (h)new text end , or the defendant has already been discharged.

deleted text begin (g)deleted text end new text begin (h)new text end Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to one year if it finds, at a hearing conducted under subdivision 1a, that:

(1) the defendant has not paid court-ordered restitution in accordance with the payment schedule or structure; and

(2) the defendant is likely to not pay the restitution the defendant owes before the term of probation expires.

This one-year extension of probation for failure to pay restitution may be extended by the court for up to one additional year if the court finds, at another hearing conducted under subdivision 1a, that the defendant still has not paid the court-ordered restitution that the defendant owes.

Nothing in this subdivision limits the court's ability to refer the case to collections under section 609.104.

deleted text begin (h)deleted text end new text begin (i)new text end Notwithstanding the maximum periods specified for stays of sentences under paragraphs (a) to deleted text begin (f)deleted text end new text begin (g)new text end , a court may extend a defendant's term of probation for up to three years if it finds, at a hearing conducted under subdivision 1c, that:

(1) the defendant has failed to complete court-ordered treatment successfully; and

(2) the defendant is likely not to complete court-ordered treatment before the term of probation expires.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to sentences announced on or after that date. new text end

Sec. 14.

new text begin PROBATION LIMITS; RETROACTIVE APPLICATION. new text end

new text begin (a) Any person placed on probation before August 1, 2023, is eligible for resentencing if: new text end

new text begin (1) the person was placed on probation for a gross misdemeanor or felony violation; new text end

new text begin (2) the court placed the person on probation for a length of time for a felony violation that exceeded five years or for a gross misdemeanor violation that exceeded four years; new text end

new text begin (3) under Minnesota Statutes, section 609.135, subdivision 2, the maximum length of probation the court could have ordered the person to serve on or after August 1, 2023, is less than the period imposed; and new text end

new text begin (4) the sentence of imprisonment has not been executed. new text end

new text begin (b) Eligibility for resentencing within the maximum length of probation the court could have ordered the person to serve on or after August 1, 2023, applies to each period of probation ordered by the court. Upon resentencing, periods of probation must be served consecutively if a court previously imposed consecutive periods of probation on the person. The court may not increase a previously ordered period of probation under this section or order that periods of probation be served consecutively unless the court previously imposed consecutive periods of probation. new text end

new text begin (c) Resentencing may take place without a hearing. new text end

new text begin (d) The term of the stay of probation for any person who is eligible for resentencing under paragraph (a) and who has served five or more years of probation for a felony violation or four or more years of probation for a gross misdemeanor violation as of August 1, 2023, shall be considered to have expired on October 1, 2023, unless: new text end

new text begin (1) the term of the stay of probation would have expired before that date under the original sentence; or new text end

new text begin (2) the length of probation is extended pursuant to Minnesota Statutes, section 609.135, subdivision 2, paragraph (h) or (i). new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to sentences announced before that date. new text end

Sec. 15.

new text begin SENTENCING GUIDELINES COMMISSION; MODIFICATION. new text end

new text begin The Sentencing Guidelines Commission shall modify the Sentencing Guidelines to be consistent with changes to Minnesota Statutes, section 609.135, subdivision 2, governing the maximum length of probation a court may order. new text end

Sec. 16.

new text begin REVISOR INSTRUCTION. new text end

new text begin In Minnesota Statutes, the revisor of statutes shall substitute "364 days" for "one year" consistent with the change in this act. The revisor shall also make other technical changes resulting from the change of term to the statutory language if necessary to preserve the meaning of the text. new text end

ARTICLE 7

EXPUNGEMENT

Section 1.

Minnesota Statutes 2022, section 13.871, subdivision 14, is amended to read:

Subd. 14.

Expungement petitions.

new text begin (a) new text end Provisions regarding the classification and sharing of data contained in a petition for expungement of a criminal record are included in section 609A.03.

new text begin (b) Provisions regarding the classification and sharing of data related to automatic expungements are included in sections 299C.097 and 609A.015. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 2.

Minnesota Statutes 2022, section 152.18, subdivision 1, is amended to read:

Subdivision 1.

Deferring prosecution for certain first time drug offenders.

(a) A court may defer prosecution as provided in paragraph (c) for any person found guilty, after trial or upon a plea of guilty, of a violation of section 152.023, subdivision 2, 152.024, subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3, 4, or 6, paragraph (d), for possession of a controlled substance, who:

(1) has not previously participated in or completed a diversion program authorized under section 401.065;

(2) has not previously been placed on probation without a judgment of guilty and thereafter been discharged from probation under this section; and

(3) has not been convicted of a felony violation of this chapter, including a felony-level attempt or conspiracy, or been convicted by the United States or another state of a similar offense that would have been a felony under this chapter if committed in Minnesota, unless ten years have elapsed since discharge from sentence.

(b) The court must defer prosecution as provided in paragraph (c) for any person found guilty of a violation of section 152.025, subdivision 2, who:

(1) meets the criteria listed in paragraph (a), clauses (1) to (3); and

(2) has not previously been convicted of a felony offense under any state or federal law or of a gross misdemeanor under section 152.025.

(c) In granting relief under this section, the court shall, without entering a judgment of guilty and with the consent of the person, defer further proceedings and place the person on probation upon such reasonable conditions as it may require and for a period, not to exceed the maximum sentence provided for the violation. The court may give the person the opportunity to attend and participate in an appropriate program of education regarding the nature and effects of alcohol and drug abuse as a stipulation of probation. Upon violation of a condition of the probation, the court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its discretion, dismiss the proceedings against the person and discharge the person from probation before the expiration of the maximum period prescribed for the person's probation. If during the period of probation the person does not violate any of the conditions of the probation, then upon expiration of the period the court shall discharge the person and dismiss the proceedings against that person. Discharge and dismissal under this subdivision shall be without court adjudication of guilt, but a not public record of it shall be retained by the Bureau of Criminal Apprehension for the purpose of use by the courts in determining the merits of subsequent proceedings against the person. The not public record may also be opened only upon court order for purposes of a criminal investigation, prosecution, or sentencing. new text begin Upon receipt of notice that the proceedings were dismissed, the Bureau of Criminal Apprehension shall notify the arresting or citing law enforcement agency and direct that agency to seal its records related to the charge. new text end Upon request by law enforcement, prosecution, or corrections authorities, the bureau shall notify the requesting party of the existence of the not public record and the right to seek a court order to open it pursuant to this section. The court shall forward a record of any discharge and dismissal under this subdivision to the bureau which shall make and maintain the not public record of it as provided under this subdivision. The discharge or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime or for any other purpose.

For purposes of this subdivision, "not public" has the meaning given in section 13.02, subdivision 8a.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 3.

Minnesota Statutes 2022, section 181.981, subdivision 1, is amended to read:

Subdivision 1.

Limitation on admissibility of criminal history.

Information regarding a criminal history record of an employee or former employee may not be introduced as evidence in a civil action against a private employer or its employees or agents that is based on the conduct of the employee or former employee, if:

(1) the duties of the position of employment did not expose others to a greater degree of risk than that created by the employee or former employee interacting with the public outside of the duties of the position or that might be created by being employed in general;

(2) before the occurrence of the act giving rise to the civil actiondeleted text begin ,deleted text end new text begin :new text end

new text begin (i)new text end a court order sealed any record of the criminal casenew text begin ;new text end

new text begin (ii) any record of the criminal case was sealed as the result of an automatic expungement, including but not limited to a grant of expungement made pursuant to section 609A.015;new text end or

new text begin (iii)new text end the employee or former employee received a pardon;

(3) the record is of an arrest or charge that did not result in a criminal conviction; or

(4) the action is based solely upon the employer's compliance with section 364.021.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 4.

Minnesota Statutes 2022, section 245C.08, subdivision 1, is amended to read:

Subdivision 1.

Background studies conducted by Department of Human Services.

(a) For a background study conducted by the Department of Human Services, the commissioner shall review:

(1) information related to names of substantiated perpetrators of maltreatment of vulnerable adults that has been received by the commissioner as required under section 626.557, subdivision 9c, paragraph (j);

(2) the commissioner's records relating to the maltreatment of minors in licensed programs, and from findings of maltreatment of minors as indicated through the social service information system;

(3) information from juvenile courts as required in subdivision 4 for individuals listed in section 245C.03, subdivision 1, paragraph (a), when there is reasonable cause;

(4) information from the Bureau of Criminal Apprehension, including information regarding a background study subject's registration in Minnesota as a predatory offender under section 243.166;

(5) except as provided in clause (6), information received as a result of submission of fingerprints for a national criminal history record check, as defined in section 245C.02, subdivision 13c, when the commissioner has reasonable cause for a national criminal history record check as defined under section 245C.02, subdivision 15a, or as required under section 144.057, subdivision 1, clause (2);

(6) for a background study related to a child foster family setting application for licensure, foster residence settings, children's residential facilities, a transfer of permanent legal and physical custody of a child under sections 260C.503 to 260C.515, or adoptions, and for a background study required for family child care, certified license-exempt child care, child care centers, and legal nonlicensed child care authorized under chapter 119B, the commissioner shall also review:

(i) information from the child abuse and neglect registry for any state in which the background study subject has resided for the past five years;

(ii) when the background study subject is 18 years of age or older, or a minor under section 245C.05, subdivision 5a, paragraph (c), information received following submission of fingerprints for a national criminal history record check; and

(iii) when the background study subject is 18 years of age or older or a minor under section 245C.05, subdivision 5a, paragraph (d), for licensed family child care, certified license-exempt child care, licensed child care centers, and legal nonlicensed child care authorized under chapter 119B, information obtained using non-fingerprint-based data including information from the criminal and sex offender registries for any state in which the background study subject resided for the past five years and information from the national crime information database and the national sex offender registry; and

(7) for a background study required for family child care, certified license-exempt child care centers, licensed child care centers, and legal nonlicensed child care authorized under chapter 119B, the background study shall also include, to the extent practicable, a name and date-of-birth search of the National Sex Offender Public website.

(b) Notwithstanding expungement by a court, the commissioner may consider information obtained under paragraph (a), clauses (3) and (4), unlessnew text begin :new text end

new text begin (1)new text end the commissioner received notice of the petition for expungement and the court order for expungement is directed specifically to the commissionernew text begin ; ornew text end

new text begin (2) the commissioner received notice of the expungement order issued pursuant to section 609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically to the commissionernew text end .

(c) The commissioner shall also review criminal case information received according to section 245C.04, subdivision 4a, from the Minnesota court information system that relates to individuals who have already been studied under this chapter and who remain affiliated with the agency that initiated the background study.

(d) When the commissioner has reasonable cause to believe that the identity of a background study subject is uncertain, the commissioner may require the subject to provide a set of classifiable fingerprints for purposes of completing a fingerprint-based record check with the Bureau of Criminal Apprehension. Fingerprints collected under this paragraph shall not be saved by the commissioner after they have been used to verify the identity of the background study subject against the particular criminal record in question.

(e) The commissioner may inform the entity that initiated a background study under NETStudy 2.0 of the status of processing of the subject's fingerprints.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 5.

Minnesota Statutes 2022, section 245C.08, subdivision 2, is amended to read:

Subd. 2.

Background studies conducted by a county agency for family child care.

(a) Before the implementation of NETStudy 2.0, for a background study conducted by a county agency for family child care services, the commissioner shall review:

(1) information from the county agency's record of substantiated maltreatment of adults and the maltreatment of minors;

(2) information from juvenile courts as required in subdivision 4 for:

(i) individuals listed in section 245C.03, subdivision 1, paragraph (a), who are ages 13 through 23 living in the household where the licensed services will be provided; and

(ii) any other individual listed under section 245C.03, subdivision 1, when there is reasonable cause; and

(3) information from the Bureau of Criminal Apprehension.

(b) If the individual has resided in the county for less than five years, the study shall include the records specified under paragraph (a) for the previous county or counties of residence for the past five years.

(c) Notwithstanding expungement by a court, the county agency may consider information obtained under paragraph (a), clause (3), unlessnew text begin :new text end

new text begin (1) new text end the commissioner received notice of the petition for expungement and the court order for expungement is directed specifically to the commissionernew text begin ; ornew text end

new text begin (2) the commissioner received notice of the expungement order issued pursuant to section 609A.017, 609A.025, or 609A.035, and the order for expungement is directed specifically to the commissionernew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 6.

new text begin [299C.097] DATABASE FOR IDENTIFYING INDIVIDUALS ELIGIBLE FOR EXPUNGEMENT. new text end

new text begin (a) The superintendent of the Bureau of Criminal Apprehension shall maintain a computerized data system relating to petty misdemeanor and misdemeanor offenses that may become eligible for expungement pursuant to section 609A.015 and which do not require fingerprinting pursuant to section 299C.10 and are not linked to an arrest record in the criminal history system. new text end

new text begin (b) These data are private data on individuals under section 13.02, subdivision 12. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 7.

Minnesota Statutes 2022, 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 deleted text begin fingerdeleted text end new text begin fingerprintsnew text end and deleted text begin thumb printsdeleted text end new text begin thumbprintsnew text end , 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) adults and juveniles admitted to jails or detention facilities;

(4) persons reasonably believed by the arresting officer to be fugitives from justice;

(5) 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;

(6) juveniles referred by a law enforcement agency to a diversion program for a felony or gross misdemeanor offense; and

(7) persons currently involved in the criminal justice process, on probation, on parole, or in custody for any offense 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 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 of taking the fingerprints and data, the fingerprint records and other identification data specified under paragraph (a) must be electronically entered into a bureau-managed searchable database in a 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) deleted text begin Fingerdeleted text end new text begin Fingerprintsnew text end and deleted text begin thumb printsdeleted text end new text begin thumbprintsnew text end must be obtained no later than:

(1) release from booking; or

(2) if not booked prior to acceptance of a plea of guilty or not guilty.

Prior to acceptance of a plea of guilty or not guilty, an individual's finger and thumb prints must be submitted to the Bureau of Criminal Apprehension for the offense. If finger and thumb prints have not been successfully received by the bureau, an individual may, upon order of the court, be taken into custody for no more than eight hours so that the taking of prints can be completed. Upon notice and motion of the prosecuting attorney, this time period may be extended upon a showing that additional time in custody is essential for the successful taking of prints.

(e) 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),new text begin 609.749 (obscene or harassing telephone calls),new text end 617.23 (indecent exposure), or 629.75 (domestic abuse no contact order).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to violations that occur on or after that date. new text end

Sec. 8.

Minnesota Statutes 2022, section 299C.11, subdivision 1, is amended to read:

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 deleted text begin finger and thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , 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 shall convert into an electronic format, if necessary, and enter into a bureau-managed searchable database the new identifying information when supported by fingerprints within three business days of learning the information if the information is not entered by a law enforcement agency.

(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, destroy the arrested person's deleted text begin finger and thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data, and all copies and duplicates of them.

new text begin (c) The bureau or agency shall destroy an arrested person's fingerprints and thumbprints, photographs, distinctive physical mark identification data, information on known aliases and street names, and other identification data and all copies and duplicates of them without the demand of any person or the granting of a petition under chapter 609A if: new text end

new text begin (1) the sheriff, chief of police, bureau, or other arresting agency determines that the person was arrested or identified as the result of mistaken identity before presenting information to the prosecuting authority for a charging decision; or new text end

new text begin (2) the prosecuting authority declines to file any charges or a grand jury does not return an indictment based on a determination that the person was identified or arrested as the result of mistaken identity. new text end

new text begin (d) A prosecuting authority that determines a person was arrested or identified as the result of mistaken identity and either declines to file any charges or receives notice that a grand jury did not return an indictment shall notify the bureau and the applicable sheriff, chief of police, or other arresting agency of the determination. new text end

deleted text begin (c)deleted text end new text begin (e)new text end Except as otherwise provided in paragraph (b)new text begin or (c)new text end , 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 deleted text begin finger and thumb printsdeleted text end new text begin fingerprints and thumbprintsnew text end , 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.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to determinations that a person was identified as the result of mistaken identity made on or after that date. new text end

Sec. 9.

Minnesota Statutes 2022, section 299C.111, is amended to read:

299C.111 SUSPENSE FILE REPORTING.

The superintendent shall immediately notify the appropriate entity or individual when a disposition recordnew text begin for a felony, gross misdemeanor, or targeted misdemeanornew text end is received that cannot be linked to an arrest record.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 10.

Minnesota Statutes 2022, section 299C.17, is amended to read:

299C.17 REPORT BY COURT ADMINISTRATOR.

The superintendent shall require the court administrator of every court which sentences a defendant for a felony, gross misdemeanor, deleted text begin or targeteddeleted text end misdemeanornew text begin , or petty misdemeanornew text end to electronically transmit within 24 hours of the disposition of the case a report, in a form prescribed by the superintendent providing information required by the superintendent with regard to the prosecution and disposition of criminal cases. A copy of the report shall be kept on file in the office of the court administrator.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 11.

Minnesota Statutes 2022, section 609A.01, is amended to read:

609A.01 EXPUNGEMENT OF CRIMINAL RECORDS.

This chapter provides the grounds and procedures for expungement of criminal records under section 13.82; 152.18, subdivision 1; 299C.11, where new text begin expungement is automatic under sections 609A.015, 609A.017, or 609A.035, or new text end a petition is authorized under section 609A.02, subdivision 3; or other applicable law. The remedy available is limited to a court order new text begin or grant of expungement under section 609A.015new text end sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority. Nothing in this chapter authorizes the destruction of records or their return to the subject of the records.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025. new text end

Sec. 12.

new text begin [609A.015] AUTOMATIC EXPUNGEMENT OF RECORDS. new text end

new text begin Subdivision 1. new text end

new text begin Eligibility; dismissal; exoneration. new text end

new text begin (a) A person who is the subject of a criminal record or delinquency record is eligible for a grant of expungement relief without the filing of a petition: new text end

new text begin (1) if the person was arrested and all charges were dismissed after a case was filed unless dismissal was based on a finding that the defendant was incompetent to proceed; new text end

new text begin (2) upon the dismissal and discharge of proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled substance; or new text end

new text begin (3) if all pending actions or proceedings were resolved in favor of the person. new text end

new text begin (b) For purposes of this chapter, a verdict of not guilty by reason of mental illness is not a resolution in favor of the person. For purposes of this chapter, an action or proceeding is resolved in favor of the person if the petitioner received an order under section 590.11 determining that the person is eligible for compensation based on exoneration. new text end

new text begin Subd. 2. new text end

new text begin Eligibility; diversion and stay of adjudication. new text end

new text begin A person is eligible for a grant of expungement relief if the person has successfully completed the terms of a diversion program or stay of adjudication for a qualifying offense that is not a felony and has not been petitioned or charged with a new offense, other than an offense that would be a petty misdemeanor, in Minnesota: new text end

new text begin (1) for one year immediately following completion of the diversion program or stay of adjudication; or new text end

new text begin (2) for one year immediately preceding a subsequent review performed pursuant to subdivision 5, paragraph (a). new text end

new text begin Subd. 3. new text end

new text begin Eligibility; certain criminal proceedings. new text end

new text begin (a) A person is eligible for a grant of expungement relief if the person: new text end

new text begin (1) was convicted of a qualifying offense; new text end

new text begin (2) has not been convicted of a new offense, other than an offense that would be a petty misdemeanor, in Minnesota: new text end

new text begin (i) during the applicable waiting period immediately following discharge of the disposition or sentence for the crime; or new text end

new text begin (ii) during the applicable waiting period immediately preceding a subsequent review performed pursuant to subdivision 5, paragraph (a); and new text end

new text begin (3) is not charged with an offense, other than an offense that would be a petty misdemeanor, in Minnesota at the time the person reaches the end of the applicable waiting period or at the time of a subsequent review. new text end

new text begin (b) As used in this subdivision, "qualifying offense" means a conviction for: new text end

new text begin (1) any petty misdemeanor offense other than a violation of a traffic regulation relating to the operation or parking of motor vehicles; new text end

new text begin (2) any misdemeanor offense other than: new text end

new text begin (i) section 169A.20 under the terms described in section 169A.27 (fourth-degree driving while impaired); new text end

new text begin (ii) section 518B.01, subdivision 14 (violation of an order for protection); new text end

new text begin (iii) section 609.224 (assault in the fifth degree); new text end

new text begin (iv) section 609.2242 (domestic assault); new text end

new text begin (v) section 609.748 (violation of a harassment restraining order); new text end

new text begin (vi) section 609.78 (interference with emergency call); new text end

new text begin (vii) section 609.79 (obscene or harassing phone calls); new text end

new text begin (viii) section 617.23 (indecent exposure); new text end

new text begin (ix) section 609.746 (interference with privacy); or new text end

new text begin (x) section 629.75 (violation of domestic abuse no contact order); new text end

new text begin (3) any gross misdemeanor offense other than: new text end

new text begin (i) section 169A.25 (second-degree driving while impaired); new text end

new text begin (ii) section 169A.26 (third-degree driving while impaired); new text end

new text begin (iii) section 518B.01, subdivision 14 (violation of an order for protection); new text end

new text begin (iv) section 609.2113, subdivision 3 (criminal vehicular operation); new text end

new text begin (v) section 609.2231 (assault in the fourth degree); new text end

new text begin (vi) section 609.224 (assault in the fifth degree); new text end

new text begin (vii) section 609.2242 (domestic assault); new text end

new text begin (viii) section 609.233 (criminal neglect); new text end

new text begin (ix) section 609.3451 (criminal sexual conduct in the fifth degree); new text end

new text begin (x) section 609.377 (malicious punishment of child); new text end

new text begin (xi) section 609.485 (escape from custody); new text end

new text begin (xii) section 609.498 (tampering with witness); new text end

new text begin (xiii) section 609.582, subdivision 4 (burglary in the fourth degree); new text end

new text begin (xiv) section 609.746 (interference with privacy); new text end

new text begin (xv) section 609.748 (violation of a harassment restraining order); new text end

new text begin (xvi) section 609.749 (harassment; stalking); new text end

new text begin (xvii) section 609.78 (interference with emergency call); new text end

new text begin (xviii) section 617.23 (indecent exposure); new text end

new text begin (xix) section 617.261 (nonconsensual dissemination of private sexual images); or new text end

new text begin (xx) section 629.75 (violation of domestic abuse no contact order); or new text end

new text begin (4) any felony offense listed in section 609A.02, subdivision 3, paragraph (b), other than: new text end

new text begin (i) section 152.023, subdivision 2 (possession of a controlled substance in the third degree); new text end

new text begin (ii) section 152.024, subdivision 2 (possession of a controlled substance in the fourth degree); new text end

new text begin (iii) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil commitment for mental illness); or new text end

new text begin (iv) section 609.746, subdivision 1, paragraph (e) (interference with privacy; subsequent violation or minor victim). new text end

new text begin (c) As used in this subdivision, "applicable waiting period" means: new text end

new text begin (1) if the offense was a petty misdemeanor, two years since discharge of the sentence; new text end

new text begin (2) if the offense was a misdemeanor, two years since discharge of the sentence for the crime; new text end

new text begin (3) if the offense was a gross misdemeanor, three years since discharge of the sentence for the crime; new text end

new text begin (4) if the offense was a felony violation of section 152.025, four years since the discharge of the sentence for the crime; and new text end

new text begin (5) if the offense was any other felony, five years since discharge of the sentence for the crime. new text end

new text begin (d) Felony offenses deemed to be a gross misdemeanor or misdemeanor pursuant to section 609.13, subdivision 1, remain ineligible for expungement under this section. Gross misdemeanor offenses ineligible for a grant of expungement under this section remain ineligible if deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2. new text end

new text begin Subd. 4. new text end

new text begin Notice. new text end

new text begin (a) The court shall notify a person who may become eligible for an automatic expungement under this section of that eligibility at any hearing where the court dismisses and discharges proceedings against a person under section 152.18, subdivision 1, for violation of section 152.024, 152.025, or 152.027 for possession of a controlled substance; concludes that all pending actions or proceedings were resolved in favor of the person; grants a person's placement into a diversion program; or sentences a person or otherwise imposes a consequence for a qualifying offense. new text end

new text begin (b) To the extent possible, prosecutors, defense counsel, supervising agents, and coordinators or supervisors of a diversion program shall notify a person who may become eligible for an automatic expungement under this section of that eligibility. new text end

new text begin (c) If any party gives notification under this subdivision, the notification shall inform the person that: new text end

new text begin (1) a record expunged under this section may be opened for purposes of a background study by the Department of Human Services under section 245C.08 and for purposes of a background check by the Professional Educator Licensing and Standards Board as required under section 122A.18, subdivision 8; and new text end

new text begin (2) the person can file a petition to expunge the record and request that the petition be directed to the commissioner of human services and the Professional Educator Licensing and Standards Board. new text end

new text begin Subd. 5. new text end

new text begin Bureau of Criminal Apprehension to identify eligible persons and grant expungement relief. new text end

new text begin (a) The Bureau of Criminal Apprehension shall identify any records that qualify for a grant of expungement relief pursuant to this subdivision or subdivision 1, 2, or 3. The Bureau of Criminal Apprehension shall make an initial determination of eligibility within 30 days of the end of the applicable waiting period. If a record is not eligible for a grant of expungement at the time of the initial determination, the Bureau of Criminal Apprehension shall make subsequent eligibility determinations annually until the record is eligible for a grant of expungement. new text end

new text begin (b) In making the determination under paragraph (a), the Bureau of Criminal Apprehension shall identify individuals who are the subject of relevant records through the use of fingerprints and thumbprints where fingerprints and thumbprints are available. Where fingerprints and thumbprints are not available, the Bureau of Criminal Apprehension shall identify individuals through the use of the person's name and date of birth. Records containing the same name and date of birth shall be presumed to refer to the same individual unless other evidence establishes, by a preponderance of the evidence, that they do not refer to the same individual. The Bureau of Criminal Apprehension is not required to review any other evidence in making a determination. new text end

new text begin (c) The Bureau of Criminal Apprehension shall grant expungement relief to qualifying persons and seal its own records without requiring an application, petition, or motion. Records shall be sealed 60 days after notice is sent to the judicial branch pursuant to paragraph (e) unless an order of the judicial branch prohibits sealing the records or additional information establishes that the records are not eligible for expungement. new text end

new text begin (d) Nonpublic criminal records maintained by the Bureau of Criminal Apprehension and subject to a grant of expungement relief shall display a notation stating "expungement relief granted pursuant to section 609A.015." new text end

new text begin (e) The Bureau of Criminal Apprehension shall inform the judicial branch of all cases for which expungement relief was granted pursuant to this section. Notification may be through electronic means and may be made in real time or in the form of a monthly report. Upon receipt of notice, the judicial branch shall seal all records relating to an arrest, indictment or information, trial, verdict, or dismissal and discharge for any case in which expungement relief was granted and shall issue any order deemed necessary to achieve this purpose. new text end

new text begin (f) The Bureau of Criminal Apprehension shall inform each law enforcement agency that its records may be affected by a grant of expungement relief. Notification may be through electronic means. Each notified law enforcement agency that receives a request to produce records shall first determine if the records were subject to a grant of expungement under this section. The law enforcement agency must not disclose records relating to an arrest, indictment or information, trial, verdict, or dismissal and discharge for any case in which expungement relief was granted and must maintain the data consistent with the classification in paragraph (g). This paragraph does not apply to requests from a criminal justice agency as defined in section 609A.03, subdivision 7a, paragraph (f). new text end

new text begin (g) Data on the person whose offense has been expunged under this subdivision, including any notice sent pursuant to paragraph (f), are private data on individuals as defined in section 13.02, subdivision 12. new text end

new text begin (h) The prosecuting attorney shall notify the victim that an offense qualifies for automatic expungement under this section in the manner provided in section 611A.03, subdivisions 1 and 2. new text end

new text begin (i) In any subsequent prosecution of a person granted expungement relief, the expunged criminal record may be pleaded and has the same effect as if the relief had not been granted. new text end

new text begin (j) The Bureau of Criminal Apprehension is directed to develop, modify, or update a system to provide criminal justice agencies with uniform statewide access to criminal records sealed by expungement. new text end

new text begin Subd. 6. new text end

new text begin Immunity from civil liability. new text end

new text begin Employees of the Bureau of Criminal Apprehension shall not be held civilly liable for the exercise or the failure to exercise, or the decision to exercise or the decision to decline to exercise, the powers granted by this section or for any act or omission occurring within the scope of the performance of their duties under this section. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to offenses that meet the eligibility criteria on or after that date and retroactively to offenses that met those qualifications before January 1, 2025, and are stored in the Bureau of Criminal Apprehension's criminal history system as of January 1, 2025. new text end

Sec. 13.

new text begin [609A.017] MISTAKEN IDENTITY; AUTOMATIC EXPUNGEMENT. new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) As used in this section, the following terms have the meanings given. new text end

new text begin (b) "Conviction" means a plea of guilty, a verdict of guilty by a jury, or a finding of guilty by a court. new text end

new text begin (c) "Mistaken identity" means a person was incorrectly identified as being a different person: new text end

new text begin (1) because the person's identity had been transferred, used, or possessed in violation of section 609.527; or new text end

new text begin (2) as a result of misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the crime, misinformation provided to law enforcement as to the identity of the person who committed the crime, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the crime. new text end

new text begin Subd. 2. new text end

new text begin Determination by prosecutor; notification. new text end

new text begin If, before a conviction, a prosecutor determines that a defendant was issued a citation, charged, indicted, or otherwise prosecuted as the result of mistaken identity, the prosecutor must dismiss or move to dismiss the action or proceeding and must state in writing or on the record that mistaken identity is the reason for the dismissal. new text end

new text begin Subd. 3. new text end

new text begin Order of expungement. new text end

new text begin (a) The court shall issue an order of expungement without the filing of a petition when an action or proceeding is dismissed based on a determination that a defendant was issued a citation, charged, indicted, or otherwise prosecuted as the result of mistaken identity. The order shall cite this section as the basis for the order. new text end

new text begin (b) An order issued under this section is not subject to the considerations or standards identified in section 609A.025 or 609A.03, subdivision 5, paragraph (a), (b), or (c). new text end

new text begin Subd. 4. new text end

new text begin Effect of order. new text end

new text begin (a) An order issued under this section is not subject to the limitations in section 609A.03, subdivision 7a or 9. The effect of the court order to seal the record of the proceedings shall be to restore the person, in the contemplation of the law, to the status the person occupied before the arrest, indictment, or information. The person shall not be guilty of perjury or otherwise of giving a false statement if the person fails to acknowledge the arrest, indictment, information, or trial in response to any inquiry made for any purpose. new text end

new text begin (b) A criminal justice agency may seek access to a record that was sealed under this section for purposes of determining whether the subject of the order was identified in any other action or proceeding as the result of mistaken identity or for a criminal investigation, prosecution, or sentencing involving any other person. The requesting agency must obtain an ex parte court order after stating a good-faith basis to believe that opening the record may lead to relevant information. new text end

new text begin (c) The court administrator must distribute and confirm receipt of an order issued under this section pursuant to section 609A.03, subdivision 8. new text end

new text begin (d) Data on the person whose offense has been expunged contained in a letter or other notification sent under this subdivision are private data on individuals as defined in section 13.02. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to determinations that a person was identified as the result of mistaken identity on or after that date. new text end

Sec. 14.

Minnesota Statutes 2022, section 609A.02, subdivision 3, is amended to read:

Subd. 3.

Certain criminal proceedings.

(a) 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:

(1) 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. For the purposes of this chapter, an action or proceeding is resolved in favor of the petitioner, if the petitioner received an order under section 590.11 determining that the petitioner is eligible for compensation based on exoneration;

(2) the petitioner has successfully completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication;

(3) the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a petty misdemeanor or misdemeanor new text begin or the sentence imposed was within the limits provided by law for a misdemeanornew text end and new text begin the petitionernew text end has not been convicted of a new crime for at least two years since discharge of the sentence for the crime;

(4) the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a gross misdemeanor new text begin or the sentence imposed was within the limits provided by law for a gross misdemeanornew text end and new text begin the petitionernew text end has not been convicted of a new crime for at least deleted text begin fourdeleted text end new text begin threenew text end years since discharge of the sentence for the crime; deleted text begin ordeleted text end

new text begin (5) the petitioner was convicted of a gross misdemeanor that is deemed to be for a misdemeanor pursuant to section 609.13, subdivision 2, clause (2), and has not been convicted of a new crime for at least three years since discharge of the sentence for the crime; new text end

new text begin (6) the petitioner was convicted of a felony violation of section 152.025 and has not been convicted of a new crime for at least four years since discharge of the sentence for the crime; new text end

new text begin (7) the petitioner was convicted of a felony that is deemed to be for a gross misdemeanor or misdemeanor pursuant to section 609.13, subdivision 1, clause (2), and has not been convicted of a new crime for at least five years since discharge of the sentence for the crime; or new text end

deleted text begin (5)deleted text end new text begin (8)new text end the petitioner was convicted of deleted text begin or received a stayed sentence fordeleted text end a felony violation of an offense listed in paragraph (b), and has not been convicted of a new crime for at least deleted text begin fivedeleted text end new text begin fournew text end years since discharge of the sentence for the crime.

(b) Paragraph (a), clause deleted text begin (5)deleted text end new text begin (7)new text end , applies to the following offenses:

(1) section 35.824 (altering livestock certificate);

(2) section 62A.41 (insurance regulations);

(3) section 86B.865, subdivision 1 (certification for title on watercraft);

(4) section new text begin 152.023, subdivision 2 (possession of a controlled substance in the third degree); 152.024, subdivision 2 (possession of a controlled substance in the fourth degree);new text end 152.025 (controlled substance in the fifth degree); or 152.097 (sale of simulated controlled substance);

(5) section 168A.30, subdivision 1 (certificate of title false information); or 169.09, subdivision 14, paragraph (a), clause (2) (accident resulting in great bodily harm);

(6) chapter 201; 203B; or 204C (voting violations);

(7) section 228.45; 228.47; 228.49; 228.50; or 228.51 (false bill of lading);

(8) section 256.984 (false declaration in assistance application);

(9) section 296A.23, subdivision 2 (willful evasion of fuel tax);

(10) section 297D.09, subdivision 1 (failure to affix stamp on scheduled substances);

(11) section 297G.19 (liquor taxation); or 340A.701 (unlawful acts involving liquor);

(12) section 325F.743 (precious metal dealers); or 325F.755, subdivision 7 (prize notices and solicitations);

(13) section 346.155, subdivision 10 (failure to control regulated animal);

(14) section 349.2127; or 349.22 (gambling regulations);

(15) section 588.20 (contempt);

(16) section 609.27, subdivision 1, clauses (2) to (5) (coercion);

(17) section 609.31 (leaving state to evade establishment of paternity);

(18) section 609.485, subdivision 4, paragraph (a), clause (2) or (4) (escape from civil commitment for mental illness);

(19) section 609.49 (failure to appear in court);

(20) new text begin section 609.52, subdivision 2, when sentenced pursuant to new text end section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less)deleted text begin , or other theft offense that is sentenced under this provision;deleted text end or 609.52, subdivision 3a, clause (1) (theft of $1,000 or less with risk of bodily harm)new text begin ; or any other offense sentenced pursuant to section 609.52, subdivision 3, clause (3)(a)new text end ;

new text begin (21) section 609.521 (possession of shoplifting gear); new text end

deleted text begin (21)deleted text end new text begin (22)new text end section 609.525 (bringing stolen goods into state);

deleted text begin (22)deleted text end new text begin (23)new text end section 609.526, subdivision 2, clause (2) (metal dealer receiving stolen goods);

deleted text begin (23)deleted text end new text begin (24)new text end section 609.527, subdivision 5b (possession or use of scanning device or reencoder); 609.528, subdivision 3, clause (3) (possession or sale of stolen or counterfeit check); or 609.529 (mail theft);

deleted text begin (24)deleted text end new text begin (25)new text end section 609.53 (receiving stolen goods);

deleted text begin (25)deleted text end new text begin (26)new text end section 609.535, subdivision 2a, paragraph (a), clause (1) (dishonored check over $500);

deleted text begin (26)deleted text end new text begin (27)new text end section 609.54, clause (1) (embezzlement of public funds $2,500 or less);

deleted text begin (27)deleted text end new text begin (28)new text end section 609.551 (rustling and livestock theft);

deleted text begin (28)deleted text end new text begin (29)new text end section 609.5641, subdivision 1a, paragraph (a) (wildfire arson);

deleted text begin (29)deleted text end new text begin (30)new text end section 609.576, subdivision 1, clause (3), item (iii) (negligent fires);

new text begin (31) section 609.582, subdivision 3 (burglary in the third degree); new text end

new text begin (32) section 609.59 (possession of burglary or theft tools); new text end

deleted text begin (30)deleted text end new text begin (33)new text end section 609.595, subdivision 1, clauses (3) to (5), and subdivision 1a, paragraph (a) (criminal damage to property);

deleted text begin (31)deleted text end new text begin (34)new text end section 609.597, subdivision 3, clause (3) (assaulting or harming police horse);

deleted text begin (32)deleted text end new text begin (35)new text end section 609.625 (aggravated forgery); 609.63 (forgery); 609.631, subdivision 4, clause (3)(a) (check forgery $2,500 or less); 609.635 (obtaining signature by false pretense); 609.64 (recording, filing forged instrument); or 609.645 (fraudulent statements);

deleted text begin (33)deleted text end new text begin (36)new text end section 609.65, clause (1) (false certification by notary); or 609.651, subdivision 4, paragraph (a) (lottery fraud);

deleted text begin (34)deleted text end new text begin (37)new text end section 609.652 (fraudulent driver's license and identification card);

deleted text begin (35)deleted text end new text begin (38)new text end section 609.66, subdivision 1a, paragraph (a) (discharge of firearm; silencer); or 609.66, subdivision 1b (furnishing firearm to minor);

deleted text begin (36)deleted text end new text begin (39)new text end section 609.662, subdivision 2, paragraph (b) (duty to render aid);

deleted text begin (37)deleted text end new text begin (40)new text end section 609.686, subdivision 2 (tampering with fire alarm);

deleted text begin (38)deleted text end new text begin (41)new text end section 609.746, subdivision 1, paragraph deleted text begin (e)deleted text end new text begin (g)new text end (interference with privacy; subsequent violation or minor victim);

deleted text begin (39)deleted text end new text begin (42)new text end section 609.80, subdivision 2 (interference with cable communications system);

deleted text begin (40)deleted text end new text begin (43)new text end section 609.821, subdivision 2 (financial transaction card fraud);

deleted text begin (41)deleted text end new text begin (44)new text end section 609.822 (residential mortgage fraud);

deleted text begin (42)deleted text end new text begin (45)new text end section 609.825, subdivision 2 (bribery of participant or official in contest);

deleted text begin (43)deleted text end new text begin (46)new text end section 609.855, subdivision 2, paragraph (c), clause (1) (interference with transit operator);

deleted text begin (44)deleted text end new text begin (47)new text end section 609.88 (computer damage); or 609.89 (computer theft);

deleted text begin (45)deleted text end new text begin (48)new text end section 609.893, subdivision 2 (telecommunications and information services fraud);

deleted text begin (46)deleted text end new text begin (49)new text end section 609.894, subdivision 3 or 4 (cellular counterfeiting);

deleted text begin (47)deleted text end new text begin (50)new text end section 609.895, subdivision 3, paragraph (a) or (b) (counterfeited intellectual property);

deleted text begin (48)deleted text end new text begin (51)new text end section 609.896 (movie pirating);

deleted text begin (49)deleted text end new text begin (52)new text end section 624.7132, subdivision 15, paragraph (b) (transfer pistol to minor); 624.714, subdivision 1a (pistol without permit; subsequent violation); or 624.7141, subdivision 2 (transfer of pistol to ineligible person); or

deleted text begin (50)deleted text end new text begin (53)new text end section 624.7181 (rifle or shotgun in public by minor).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023, and applies to all offenses that meet the eligibility criteria on or after that date, except the amendment to clause (41) relating to interference with privacy is effective August 1, 2023. new text end

Sec. 15.

Minnesota Statutes 2022, section 609A.03, subdivision 5, is amended to read:

Subd. 5.

Nature of remedy; standard.

(a) Except as otherwise provided by paragraph (b), expungement of a criminal record new text begin under this section new text end is an extraordinary remedy to be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of:

(1) sealing the record; and

(2) burdening the court and public authorities to issue, enforce, and monitor an expungement order.

(b) Except as otherwise provided by this paragraph, if the petitioner is petitioning for the sealing of a criminal record under section 609A.02, subdivision 3, paragraph (a), clause (1) or (2), the court shall grant the petition to seal the record unless the agency or jurisdiction whose records would be affected establishes by clear and convincing evidence that the interests of the public and public safety outweigh the disadvantages to the petitioner of not sealing the record.

(c) In making a determination under this subdivision, the court shall consider:

(1) the nature and severity of the underlying crime, the record of which would be sealed;

(2) the risk, if any, the petitioner poses to individuals or society;

(3) the length of time since the crime occurred;

(4) the steps taken by the petitioner toward rehabilitation following the crime;

(5) aggravating or mitigating factors relating to the underlying crime, including the petitioner's level of participation and context and circumstances of the underlying crime;

(6) the reasons for the expungement, including the petitioner's attempts to obtain employment, housing, or other necessities;

(7) the petitioner's criminal record;

(8) the petitioner's record of employment and community involvement;

(9) the recommendations of interested law enforcement, prosecutorial, and corrections officials;

(10) the recommendations of victims or whether victims of the underlying crime were minors;

(11) the amount, if any, of restitution outstanding, past efforts made by the petitioner toward payment, and the measures in place to help ensure completion of restitution payment after expungement of the record if granted; and

(12) other factors deemed relevant by the court.

(d) Notwithstanding section 13.82, 13.87, or any other law to the contrary, if the court issues an expungement order it may require that the criminal record be sealed, the existence of the record not be revealed, and the record not be opened except as required under subdivision 7. Records must not be destroyed or returned to the subject of the record.

(e) Information relating to a criminal history record of an employee, former employee, or tenant that has been expunged before the occurrence of the act giving rise to the civil action may not be introduced as evidence in a civil action against a private employer or landlord or its employees or agents that is based on the conduct of the employee, former employee, or tenant.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 16.

Minnesota Statutes 2022, section 609A.03, subdivision 7a, is amended to read:

Subd. 7a.

Limitations of order effective January 1, 2015, and later.

(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) except as provided in clause (2), an expunged record may be opened, used, or exchanged between criminal justice agencies without a court order for the purposes of initiating, furthering, or completing a criminal investigation or prosecution or for sentencing purposes or providing probation or other correctional services;

(2) when a criminal justice agency seeks access to a record that was sealed under section 609A.02, subdivision 3, paragraph (a), clause (1), after an acquittal or a court order dismissing for lack of probable cause, for purposes of a criminal investigation, prosecution, or sentencing, the requesting agency must obtain an ex parte court order after stating a good-faith basis to believe that opening the record may lead to relevant information;

(3) 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;

(4) an expunged record of a conviction may be opened for purposes of a background study under section 245C.08 unless the commissioner had been properly served with notice of the petition for expungement and the court order for expungement is directed specifically to the commissioner of human servicesnew text begin following proper service of a petition, or following proceedings under section 609A.025 or 609A.035 upon service of an order to the commissioner of human servicesnew text end ;

(5) an expunged record of a conviction may be opened for purposes of a background check required under section 122A.18, subdivision 8, unless the court order for expungement is directed specifically to the Professional Educator Licensing and Standards Board; deleted text begin anddeleted text end

(6) the court may order an expunged record opened upon request by the victim of the underlying offense if the court determines that the record is substantially related to a matter for which the victim is before the courtdeleted text begin .deleted text end new text begin ;new text end

new text begin (7) a prosecutor may request, and the district court shall provide, certified records of conviction for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02, 609A.025, and 609A.035, and the certified records of conviction may be disclosed and introduced in criminal court proceedings as provided by the rules of court and applicable law; and new text end

new text begin (8) the subject of an expunged record may request, and the court shall provide, certified or uncertified records of conviction for a record expunged pursuant to sections 609A.015, 609A.017, 609A.02, 609A.025, and 609A.035. new text end

(c) An agency or jurisdiction subject to an expungement order shall maintain the record in a manner that provides access to the record by a criminal justice agency under paragraph (b), clause (1) or (2), but notifies the recipient that the record has been sealed. The Bureau of Criminal Apprehension shall notify the commissioner of human services or the Professional Educator Licensing and Standards Board of the existence of a sealed record and of the right to obtain access under paragraph (b), clause (4) or (5). Upon request, the agency or jurisdiction subject to the expungement order shall provide access to the record to the commissioner of human services or the Professional Educator Licensing and Standards Board under paragraph (b), clause (4) or (5).

(d) An expunged record that is opened or exchanged under this subdivision remains subject to the expungement order in the hands of the person receiving the record.

(e) A criminal justice agency that receives an expunged record under paragraph (b), clause (1) or (2), must maintain and store the record in a manner that restricts the use of the record to the investigation, prosecution, or sentencing for which it was obtained.

(f) For purposes of this section, a "criminal justice agency" means a court or government agency that performs the administration of criminal justice under statutory authority.

(g) This subdivision applies to expungement orders subject to its limitations and effective on or after January 1, 2015new text begin , and grants of expungement relief issued on or after January 1, 2025new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 17.

Minnesota Statutes 2022, section 609A.03, subdivision 9, is amended to read:

Subd. 9.

Stay of order; appeal.

An expungement order new text begin issued under this section new text end shall be stayed automatically for 60 days after the order is filed and, if the order is appealed, during the appeal period. A person or an agency or jurisdiction whose records would be affected by the order may appeal the order within 60 days of service of notice of filing of the order. An agency or jurisdiction or its officials or employees need not file a cost bond or supersedeas bond in order to further stay the proceedings or file an appeal.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 18.

new text begin [609A.035] PARDON EXTRAORDINARY; NO PETITION REQUIRED. new text end

new text begin (a) Notwithstanding section 609A.02, if the Board of Pardons grants a pardon pursuant to section 638.17, it shall file a copy of the pardon extraordinary with the district court of the county in which the conviction occurred. new text end

new text begin (b) The district court shall issue an expungement order sealing all records wherever held relating to the arrest, indictment or information, trial, verdict, and pardon for the pardoned offense without the filing of a petition and send an expungement order to each government entity whose records are affected. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 19.

new text begin [609A.05] NO DUTY TO DISCOVER; EMPLOYERS AND LANDLORDS. new text end

new text begin A landlord or employer does not have a duty to discover or use a record that has been expunged under this chapter or other law for purposes of making a housing or employment decision. new text end

Sec. 20.

Minnesota Statutes 2022, section 611A.03, subdivision 1, is amended to read:

Subdivision 1.

Plea agreements; notification of victim.

Prior to the entry of the factual basis for a plea pursuant to a plea agreement recommendation, a prosecuting attorney shall make a reasonable and good faith effort to inform the victim of:

(1) the contents of the plea agreement recommendation, including the amount of time recommended for the defendant to serve in jail or prison if the court accepts the agreement; deleted text begin anddeleted text end

(2) the right to be present at the sentencing hearing and at the hearing during which the plea is presented to the court and to express orally or in writing, at the victim's option, any objection to the agreement or to the proposed disposition. If the victim is not present when the court considers the recommendation, but has communicated objections to the prosecuting attorney, the prosecuting attorney shall make these objections known to the courtdeleted text begin .deleted text end new text begin ; andnew text end

new text begin (3) the eligibility of the offense for automatic expungement pursuant to section 609A.015. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2025, and applies to plea agreements entered into on or after that date. new text end

ARTICLE 8

CLEMENCY REFORM

Section 1.

Minnesota Statutes 2022, section 13.871, subdivision 8, is amended to read:

Subd. 8.

deleted text begin Board of Pardonsdeleted text end new text begin Clemency Review Commissionnew text end records.

Access to deleted text begin Board of Pardonsdeleted text end records new text begin of the Clemency Review Commission new text end is governed by section deleted text begin 638.07deleted text end new text begin 638.20new text end .

Sec. 2.

Minnesota Statutes 2022, section 299C.11, subdivision 3, is amended to read:

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 deleted text begin section 638.02deleted text end new text begin chapter 638new text end ; deleted text begin anddeleted text end

new text begin (2) "mistaken identity" means the person was incorrectly identified as being a different person: new text end

new text begin (i) because the person's identity had been transferred, used, or possessed in violation of section 609.527; or new text end

new text begin (ii) as a result of misidentification by a witness or law enforcement, confusion on the part of a witness or law enforcement as to the identity of the person who committed the crime, misinformation provided to law enforcement as to the identity of the person who committed the crime, or some other mistake on the part of a witness or law enforcement as to the identity of the person who committed the crime; and new text end

deleted text begin (2)deleted text end new text begin (3)new text end "targeted misdemeanor" has the meaning given in section 299C.10, subdivision 1.

Sec. 3.

Minnesota Statutes 2022, section 638.01, is amended to read:

638.01 BOARD OF PARDONSdeleted text begin ; HOW CONSTITUTED; POWERSdeleted text end .

The Board of Pardons deleted text begin shall consistdeleted text end new text begin consistsnew text end of the governor, the chief justice of the supreme court, and the attorney general. The deleted text begin boarddeleted text end new text begin governor in conjunction with the boardnew text end may grant deleted text begin pardons and reprieves and commute the sentence of any person convicted of any offense against the laws of the state, in the manner and under the conditions and rules hereinafter prescribed, but not otherwisedeleted text end new text begin clemency according to this chapternew text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 4.

new text begin [638.011] DEFINITIONS. new text end

new text begin Subdivision 1. new text end

new text begin Scope. new text end

new text begin For purposes of this chapter, the terms defined in this section have the meanings given. new text end

new text begin Subd. 2. new text end

new text begin Board. new text end

new text begin "Board" means the Board of Pardons under section 638.01. new text end

new text begin Subd. 3. new text end

new text begin Clemency. new text end

new text begin Unless otherwise provided, "clemency" includes a pardon, commutation, and reprieve after conviction for a crime against the state except in cases of impeachment. new text end

new text begin Subd. 4. new text end

new text begin Commission. new text end

new text begin "Commission" means the Clemency Review Commission under section 638.09. new text end

new text begin Subd. 5. new text end

new text begin Department. new text end

new text begin "Department" means the Department of Corrections. new text end

new text begin Subd. 6. new text end

new text begin Waiver request. new text end

new text begin "Waiver request" means a request to waive a time restriction under sections 638.12, subdivisions 2 and 3, and 638.19, subdivision 1. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 5.

new text begin [638.09] CLEMENCY REVIEW COMMISSION. new text end

new text begin Subdivision 1. new text end

new text begin Establishment; duties. new text end

new text begin (a) The Clemency Review Commission is established to: new text end

new text begin (1) review each eligible clemency application and waiver request that it receives; new text end

new text begin (2) recommend to the board, in writing, whether to grant or deny the application or waiver request, with each member's vote reported; new text end

new text begin (3) recommend to the board, in writing, whether the board should conduct a hearing on a clemency application, with each member's vote reported; and new text end

new text begin (4) provide victim support services, assistance to applicants, and other assistance as the board requires. new text end

new text begin (b) Unless otherwise provided: new text end

new text begin (1) the commission's recommendations under this chapter are nonbinding on the governor or the board; and new text end

new text begin (2) chapter 15 applies unless otherwise inconsistent with this chapter. new text end

new text begin Subd. 2. new text end

new text begin Composition. new text end

new text begin (a) The commission consists of nine members, each serving a term coterminous with the governor. new text end

new text begin (b) The governor, the attorney general, and the chief justice of the supreme court must each appoint three members to serve on the commission and replace members when the members' terms expire. Members serve at the pleasure of their appointing authority. new text end

new text begin Subd. 3. new text end

new text begin Appointments to commission. new text end

new text begin (a) An appointing authority is encouraged to consider the following criteria when appointing a member: new text end

new text begin (1) expertise in law, corrections, victims' services, correctional supervision, mental health, and substance abuse treatment; and new text end

new text begin (2) experience addressing systemic disparities, including but not limited to disparities based on race, gender, and ability. new text end

new text begin (b) An appointing authority must seek out and encourage qualified individuals to apply to serve on the commission, including: new text end

new text begin (1) members of Indigenous communities, Black communities, and other communities of color; new text end

new text begin (2) members diverse as to gender identity; and new text end

new text begin (3) members diverse as to age and ability. new text end

new text begin (c) If there is a vacancy, the appointing authority who selected the vacating member must make an interim appointment to expire at the end of the vacating member's term. new text end

new text begin (d) A member may continue to serve until the member's successor is appointed, but a member may not serve more than eight years in total. new text end

new text begin Subd. 4. new text end

new text begin Commission; generally. new text end

new text begin (a) The commission must biennially elect one of its members as chair and one as vice-chair. The chair serves as the board's secretary. new text end

new text begin (b) Each commission member must be: new text end

new text begin (1) compensated at a rate of $150 for each day or part of the day spent on commission activities; and new text end

new text begin (2) reimbursed for all reasonable expenses actually paid or incurred by the member while performing official duties. new text end

new text begin (c) Beginning January 1, 2025, and annually thereafter, the board may set a new per diem rate for commission members, not to exceed an amount ten percent higher than the previous year's rate. new text end

new text begin Subd. 5. new text end

new text begin Executive director. new text end

new text begin (a) The board must appoint a commission executive director knowledgeable about clemency and criminal justice. The executive director serves at the pleasure of the board in the unclassified service as an executive branch employee. new text end

new text begin (b) The executive director's salary is set in accordance with section 15A.0815, subdivision 3. new text end

new text begin (c) The executive director may obtain office space and supplies and hire administrative staff necessary to carry out the commission's official functions, including providing administrative support to the board and attending board meetings. Any additional staff serve in the unclassified service at the pleasure of the executive director. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023. new text end

Sec. 6.

new text begin [638.10] CLEMENCY APPLICATION. new text end

new text begin Subdivision 1. new text end

new text begin Required contents. new text end

new text begin A clemency application must: new text end

new text begin (1) be in writing; new text end

new text begin (2) be signed under oath by the applicant; and new text end

new text begin (3) state the clemency sought, state why the clemency should be granted, and contain the following information and any additional information that the commission or board requires: new text end

new text begin (i) the applicant's name, address, and date and place of birth, and every alias by which the applicant is or has been known; new text end

new text begin (ii) the applicant's demographic information, including race, ethnicity, gender, disability status, and age, only if voluntarily reported; new text end

new text begin (iii) the applicant's convicted crime for which clemency is requested, the date and county of conviction, the sentence imposed, and the sentence's expiration or discharge date; new text end

new text begin (iv) the names of the sentencing judge, the prosecuting attorney, and any victims of the crime; new text end

new text begin (v) a brief description of the crime and the applicant's age at the time of the crime; new text end

new text begin (vi) the date and outcome of any prior clemency application, including any application submitted before July 1, 2024; new text end

new text begin (vii) to the best of the applicant's knowledge, a statement of any past criminal conviction and any pending criminal charge or investigation; new text end

new text begin (viii) for an applicant under the department's custody, a statement describing the applicant's reentry plan should clemency be granted; and new text end

new text begin (ix) an applicant statement acknowledging and consenting to the disclosure to the commission, board, and public of any private data on the applicant in the application or in any other record relating to the clemency being sought, including conviction and arrest records. new text end

new text begin Subd. 2. new text end

new text begin Required form. new text end

new text begin (a) An application must be made on a commission-approved form or forms and filed with the commission by commission-prescribed deadlines. The commission must consult with the board on the forms and deadlines. new text end

new text begin (b) The application must include language informing the applicant that the board and the commission will consider any and all past convictions and that the applicant may provide information about the convictions. new text end

new text begin Subd. 3. new text end

new text begin Reviewing application for completeness. new text end

new text begin The commission must review an application for completeness. An incomplete application must be returned to the applicant, who may then provide the missing information and resubmit the application within a commission-prescribed period. new text end

new text begin Subd. 4. new text end

new text begin Notice to applicant. new text end

new text begin After the commission's initial investigation of a clemency application, the commission must notify the applicant of the scheduled date, time, and location that the applicant must appear before the commission for a meeting under section 638.14. new text end

new text begin Subd. 5. new text end

new text begin Equal access to information. new text end

new text begin Each board and commission member must have equal access to information under this chapter that is used when making a clemency decision. new text end

Sec. 7.

new text begin [638.11] THIRD-PARTY NOTIFICATIONS. new text end

new text begin Subdivision 1. new text end

new text begin Notice to victim; victim rights. new text end

new text begin (a) After receiving a clemency application, the commission must make all reasonable efforts to locate any victim of the applicant's crime. new text end

new text begin (b) At least 30 calendar days before the commission meeting at which the application will be heard, the commission must notify any located victim of: new text end

new text begin (1) the application; new text end

new text begin (2) the meeting's scheduled date, time, and location; and new text end

new text begin (3) the victim's right to attend the meeting and submit an oral or written statement to the commission. new text end

new text begin (c) The commission must make all reasonable efforts to ensure that a victim can: new text end

new text begin (1) submit an oral or written statement; and new text end

new text begin (2) receive victim support services as necessary to help the victim submit a statement and participate in the clemency process. new text end

new text begin Subd. 2. new text end

new text begin Notice to sentencing judge and prosecuting attorney. new text end

new text begin (a) At least 60 calendar days before the commission meeting at which the application will be heard, the commission must: new text end

new text begin (1) notify the sentencing judge and prosecuting attorney, or their successors, of the application; new text end

new text begin (2) provide a copy of the application to the judge and attorney; and new text end

new text begin (3) solicit the judge's and attorney's written statements on whether to grant clemency. new text end

new text begin (b) Unless otherwise provided in this chapter, "law enforcement agency" includes the sentencing judge and prosecuting attorney or their successors. new text end

new text begin Subd. 3. new text end

new text begin Notice to public. new text end

new text begin At least 30 calendar days before the commission meeting at which the application will be heard, the commission must publish notice of an application in a qualified newspaper of general circulation in the county in which the applicant's crime occurred. new text end

Sec. 8.

new text begin [638.12] TYPES OF CLEMENCY; ELIGIBILITY AND WAIVER. new text end

new text begin Subdivision 1. new text end

new text begin Types of clemency; requirements. new text end

new text begin (a) The board may: new text end

new text begin (1) pardon a criminal conviction imposed under the laws of this state; new text end

new text begin (2) commute a criminal sentence imposed by a court of this state to time served or a lesser sentence; or new text end

new text begin (3) grant a reprieve of a sentence imposed by a court of this state. new text end

new text begin (b) A pardon, after being granted and filed with the district court of the county in which the conviction and sentence were imposed, will also seal all records wherever held related to the arrest, indictment or information, trial, verdict, and pardon. new text end

new text begin (c) A grant of clemency must be in writing and has no force or effect if the governor or a board majority duly convened opposes the clemency. Every conditional grant of clemency must state the terms and conditions upon which it was granted, and every commutation must specify the terms of the commuted sentence. new text end

new text begin (d) A granted pardon sets aside the conviction and purges the conviction from an individual's criminal record. The individual is not required