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1989 Minnesota Session Laws

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

  

                         Laws of Minnesota 1989 

                         CHAPTER 290-H.F.No. 59 
           An act relating to crime; authorizing bonding for 
          capital improvements; increasing penalties for 
          controlled substance offenses; increasing penalties 
          for murder and criminal sexual conduct; permitting 
          courts to sentence dangerous offenders and career 
          criminals to longer periods of incarceration; denying 
          release to certain heinous murderers; increasing 
          minimum parole eligibility date for persons serving a 
          life sentence for first degree murder; increasing 
          statutory maximum sentences for the crimes of failure 
          to report an accident, failure to use a drug stamp, 
          possessing explosives, restraint of trade, 
          manslaughter in the second degree, criminal vehicular 
          operation, assault, child abuse, parental kidnapping, 
          manslaughter of an unborn child, assault of an unborn 
          child, criminal sexual conduct in the fourth degree, 
          perjury, fleeing a peace officer, negligently causing 
          a fire, and bribery; making it a crime for a repeat 
          DWI violator to refuse a breath test; permitting 
          courts to sentence dangerous or patterned sex 
          offenders to longer periods of incarceration and 
          supervision; imposing a mandatory sentence for third 
          criminal sexual conduct conviction; extending the 
          statute of limitations for criminal sexual conduct; 
          providing for sex offender treatment programs; 
          creating a permissible inference that occupants of a 
          room and drivers of automobiles knowingly possess 
          controlled substances found there; lowering threshold 
          for forfeiture of vehicles and real estate in 
          connection with a controlled substance offense; 
          requiring courts to order forfeiture of property 
          subject to forfeiture; imposing a gross misdemeanor 
          penalty for selling tobacco to a minor; establishing 
          an office of drug policy in the department of public 
          safety; requiring testing for and reporting of 
          prenatal exposure to controlled substances; providing 
          for coordination of drug programs; providing for the 
          admissibility of DNA evidence; providing access to 
          certain data; expanding the theft statute to include 
          unauthorized use of a motor vehicle; authorizing a 
          community resources program; authorizing establishing 
          multidisciplinary chemical abuse prevention teams; 
          appropriating money; amending Minnesota Statutes 1988, 
          sections 14.02, subdivision 4; 152.01, subdivision 7, 
          and by adding subdivisions; 152.096, subdivision 1; 
          152.097, by adding a subdivision; 152.151; 152.18, 
          subdivision 1; 152.20; 152.21, subdivision 6; 169.09, 
          subdivision 14; 169.121, subdivisions 1, 1a, 3, and 
          3b; 169.123, subdivision 2; 169.126, subdivision 4; 
          243.05, subdivision 1; 243.18; 243.55, subdivision 1; 
          244.04, subdivision 1; 244.05, subdivisions 1, 2, 3, 
          4, and 5; 244.09, subdivision 5; 253B.02, subdivisions 
          2 and 10; 260.125, subdivision 3; 260.185, subdivision 
          1; 297D.09, subdivision 1a; 299F.80, subdivision 1; 
          325D.56, subdivision 2; 340A.701; 340A.702; 364.09; 
          388.14; 526.10; 609.11, subdivisions 7 and 9; 609.185; 
          609.205; 609.21; 609.221; 609.222; 609.223; 609.2231, 
          subdivision 1; 609.255, subdivision 3; 609.26, 
          subdivisions 1 and 6; 609.2665; 609.267; 609.323, 
          subdivision 1; 609.341, subdivision 11; 609.342, 
          subdivision 2; 609.343, subdivision 2; 609.344, 
          subdivision 2; 609.345, subdivision 2; 609.346, 
          subdivisions 2 and 3, and by adding a subdivision; 
          609.377; 609.445; 609.48, subdivision 4; 609.487, 
          subdivision 4; 609.52; 609.53, subdivisions 1 and 4; 
          609.531, subdivision 1; 609.5311, subdivision 3; 
          609.5314, subdivision 1; 609.5315, subdivision 1; 
          609.576; 609.62, subdivision 2; 609.631, subdivision 
          2; 609.685, subdivision 2, and by adding a 
          subdivision; 609.86, subdivision 3; 611A.038; 624.701; 
          626.52, subdivision 3; 626.556, subdivision 2; and 
          628.26; Laws 1989, chapter 5, section 3; proposing 
          coding for new law in Minnesota Statutes, chapters 
          121; 152; 241; 242; 243; 244; 299A; 299C; 299F; 609; 
          626; and 634; repealing Minnesota Statutes 1988, 
          sections 152.09; 152.15, subdivisions 1, 2, 2a, 2b, 3, 
          4a, and 5; 609.53, subdivisions 1a, 3, and 3a; and 
          609.55 as amended. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 

                             APPROPRIATIONS 
    Section 1.  [BOND SALE; APPROPRIATION FOR CAPITAL 
IMPROVEMENT.] 
    Subdivision 1.  [APPROPRIATION; BOND SALE.] $10,755,000 is 
appropriated from the state building fund to the department of 
administration to convert portions of the regional treatment 
center at Faribault for use as a medium security correctional 
facility for adult males.  
    To provide the money appropriated by this section from the 
state building fund, the commissioner of finance on request of 
the governor shall sell and issue bonds of the state in an 
amount up to $10,755,000 in the manner, upon the terms, and with 
the effect prescribed by Minnesota Statutes, sections 16A.631 to 
16A.675, and by the Minnesota Constitution, article XI, sections 
4 to 7. 
    Subd. 2.  [DEBT SERVICE.] The commissioner of finance shall 
schedule the sale of state general obligation bonds authorized 
to be issued under this section so that, during the biennium 
ending June 30, 1991, no more than $1,553,000 will need to be 
transferred from the general fund to the state bond fund to pay 
principal and interest due and to become due on them, in 
addition to limits in other law placed on debt service on state 
general obligation bonds for the biennium or either fiscal year 
of it.  The commissioner shall adjust the amount of bonds 
scheduled to be sold so as to remain within the limit set by 
this section.  The amount needed to make the debt service 
payments is appropriated from the general fund as provided in 
Minnesota Statutes, section 16A.641. 
    Sec. 2.  [CRIME AND CORRECTIONS; APPROPRIATIONS.] 
    The sums shown in the columns marked "APPROPRIATIONS" are 
appropriated from the general fund, or any other fund named, to 
the agencies and for the purposes specified in the following 
sections of this act, to be available for the fiscal years 
indicated for each purpose.  The figures "1990" and "1991," 
where used in this act, mean that the appropriation or 
appropriations listed under them are available for the year 
ending June 30, 1990, or June 30, 1991, respectively. 

                            SUMMARY BY FUND 
                           1990           1991          TOTAL
General                $31,265,000    $28,499,000    $59,764,000
                                             APPROPRIATIONS
                                         Available for the Year
                                             Ending June 30,
                                           1990          1991
    Sec. 3.  COMMISSIONER OF CORRECTIONS 
    Subdivision 1.  Appropriation by Fund 
     General Fund                       $22,647,000  $26,251,000
 The amounts that may be spent from the 
appropriations for each program and 
activity are more specifically 
described in the following subdivisions.
     Subd. 2.  Correctional 
Institutions                             14,470,000   16,519,000
 Of this amount $5,713,000 in fiscal 
year 1990 and $9,337,000 in fiscal year 
1991 are to pay operating costs of the 
facility at Faribault.  The 
department's complement is increased by 
up to 245 positions in both years of 
the biennium. 
 Of this amount $1,957,000 is to pay 
start-up costs associated with 
conversion of portions of the regional 
treatment center at Faribault to a 
medium-security correctional facility. 
 Of this amount, $63,000 in fiscal year 
1990 and $332,000 in fiscal year 1991 
are to establish and operate two 
additional sex offender programs within 
state correctional facilities.  The 
department's complement is increased by 
one position in 1990 and up to eight 
positions in 1991. 
 Any unexpended money in the fiscal year 
1990 appropriation for conversion and 
operation of the facility at Faribault 
is available in fiscal year 1991. 
 During the biennium ending June 30, 
1991, the commissioner shall give 
preference in recruiting, training, and 
hiring to employees of the department 
of human services whose positions are 
eliminated by implementation of the 
regional treatment center restructuring 
plan when filling correctional facility 
positions located on regional treatment 
center campuses. 
 Agreements between the commissioner of 
corrections and the commissioner of 
human services concerning operation of 
a correctional facility on a campus of 
a regional treatment center shall 
include provisions for operation of the 
kitchen and laundry facilities by the 
commissioner of human services.  The 
department of human services shall 
operate the kitchen and laundry 
facilities until the department of 
human services has completed its 
restructuring plan at the regional 
treatment center. 
 Rogers Hall at Faribault regional 
treatment center may be used by the 
department of human services for 
developmentally disabled persons and 
may not be used by the department of 
corrections until the legislature 
specifically authorizes another use for 
the building. 
 The commissioner may enter into 
agreements with the appropriate 
officials of any state, political 
subdivision, or the United States, for 
housing prisoners in Minnesota 
correctional facilities.  Money 
received under the agreements is 
appropriated to the commissioner for 
correctional purposes. 
     Subd. 3.  Community Services         7,734,000    9,020,000
Of this amount, $40,000 each year is 
for the West Central Juvenile Center, 
$50,000 in 1990 and $100,000 in 1991 is 
for the Central Juvenile Center, and 
$5,000 each year is for the Leech Lake 
Youth Center for grants under Minnesota 
Statutes, section 241.022. 
 Of this amount, $75,000 in each year is 
to be used as a grant to an existing 
statewide coalition of sexual assault 
programs, providers, and agencies.  
Grant money may be used to promote the 
availability of services to all sexual 
assault victims throughout the state; 
to educate the general public and 
professionals in related fields about 
victimization issues through programs, 
publications, and the media; to provide 
training on issues of common concern to 
sexual assault service programs through 
conferences, workshops, and forums; and 
to offer an opportunity for providers, 
programs, and agencies to share 
expertise, experience, and knowledge 
about sexual assault issues. 
 Of this amount, $75,000 in 1990 is a 
one-time appropriation to the St. Louis 
County Task Force on Children and Youth 
to conduct a study with the following 
objectives:  to examine and identify 
causes of problems faced by children 
and youth in St. Louis County; to 
identify resources and gaps in services 
in the existing service system for 
children and youth; to make 
recommendations regarding possible 
prevention and early intervention 
initiatives; to improve coordination 
efforts among agencies, organizations, 
and systems serving youth in St. Louis 
County; and to contribute to greater 
public awareness and recognition of the 
needs, problems, and concerns of 
children and youth. 
 Of this amount, $150,000 in each year 
is for residential and outpatient sex 
offender treatment and after care when 
required for conditional release or as 
a condition of supervised release. 
 Of this amount, $1,000,000 in 1991 is 
for juvenile and adult sex offender 
treatment pilot programs. 
 The commissioner may transfer 
unencumbered grant money to fund the 
department's fiscal year 1989 general 
fund shortage. 
     Subd. 4.  Management Services          443,000      712,000
     Sec. 4.  SENTENCING GUIDELINES 
COMMISSION                                   20,000       38,000
 Of this amount, $38,000 in 1991 is to 
study the mandatory minimum sentencing 
law.  The commission shall submit a 
report to the legislature by February 
1, 1991, summarizing its findings and 
recommending any changes necessary to 
improve the mandatory minimum 
sentencing law. 
 Of this amount, $20,000 in 1990 is for 
the local correctional resource data 
collection study. 
     Sec. 5.  COMMISSIONER OF STATE 
PLANNING                                  7,129,000            0
 This appropriation is for the community 
resources program.  Any unencumbered 
balance remaining in the first year 
does not cancel but is available for 
the second year. 
     Sec. 6.  COMMISSIONER OF PUBLIC 
SAFETY                                    1,169,000    1,610,000
 Of this amount, $419,000 in 1990 and 
$860,000 in 1991 is appropriated to the 
bureau of criminal apprehension to 
establish and operate a laboratory to 
perform DNA analysis and to establish a 
system for collecting and maintaining 
DNA analysis data and human biological 
specimens.  The staff complement of the 
bureau is increased by up to ten 
positions. 
 Of this amount, $100,000 in each year 
is to be used for grants to establish 
community crime reduction pilot 
projects.  
 Of this amount, $125,000 in each year 
is for community drug prevention and 
education grants, and $25,000 in each 
year is for multidisciplinary chemical 
abuse prevention teams.  
 Of this amount, $175,000 in each year 
is appropriated to the bureau of 
criminal apprehension for the drug 
abuse resistance education training 
program.  The staff complement is 
increased by up to three positions. 
 Of this amount, $175,000 in each year 
is for the office of drug policy and 
the drug abuse prevention resource 
council.  The staff complement of the 
office of drug policy is not more than 
two positions.  The staff complement of 
the council is not more than three 
positions. 
 Of this amount, $150,000 in each year 
is for the soft body armor 
reimbursement program. 
     Sec. 7.  COMMISSIONER OF HUMAN 
SERVICES                                    300,000      600,000
 This appropriation is for grants to 
agencies providing chemical dependency 
treatment to pregnant women and mothers.

                               ARTICLE 2 

                         SENTENCING PROVISIONS 
     Section 1.  Minnesota Statutes 1988, section 14.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [RULE.] "Rule" means every agency statement of 
general applicability and future effect, including amendments, 
suspensions, and repeals of rules, adopted to implement or make 
specific the law enforced or administered by it or to govern its 
organization or procedure.  It does not include (a) rules 
concerning only the internal management of the agency or other 
agencies, and which do not directly affect the rights of or 
procedure available to the public; (b) rules of the commissioner 
of corrections relating to the placement and supervision of 
inmates serving a supervised release term, the internal 
management of institutions under the commissioner's control and 
those rules governing the inmates thereof prescribed pursuant to 
section 609.105; (c) rules of the division of game and fish 
published in accordance with section 97A.051; (d) rules relating 
to weight limitations on the use of highways when the substance 
of the rules is indicated to the public by means of signs; (e) 
opinions of the attorney general; (f) the systems architecture 
plan and long-range plan of the state education management 
information system provided by section 121.931; (g) the data 
element dictionary and the annual data acquisition calendar of 
the department of education to the extent provided by section 
121.932; (h) the occupational safety and health standards 
provided in section 182.655. 
    Sec. 2.  Minnesota Statutes 1988, section 243.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CONDITIONAL RELEASE.] The commissioner of 
corrections may parole any person sentenced to confinement in 
any state correctional facility for adults under the control of 
the commissioner of corrections, provided that:  
    (a) no inmate serving a life sentence for committing murder 
before May 1, 1980, other than murder committed in violation of 
clause (1) of section 609.185 who has not been previously 
convicted of a felony shall be paroled without having served 20 
years, less the diminution that would have been allowed for good 
conduct had the sentence been for 20 years; 
    (b) no inmate serving a life sentence for committing murder 
before May 1, 1980, who has been previously convicted of a 
felony or though not previously convicted of a felony is serving 
a life sentence for murder in the first degree committed in 
violation of clause (1) of section 609.185 shall be paroled 
without having served 25 years, less the diminution which would 
have been allowed for good conduct had the sentence been for 25 
years; 
    (c) any inmate sentenced prior to September 1, 1963 who 
would be eligible for parole had the inmate been sentenced after 
September 1, 1963, shall be eligible for parole; and 
    (d) any new rule or policy or change of rule or policy 
adopted by the commissioner of corrections which has the effect 
of postponing eligibility for parole has prospective effect only 
and applies only with respect to persons committing offenses 
after the effective date of the new rule or policy or change.  
Upon being paroled and released, an inmate is and remains in the 
legal custody and under the control of the commissioner, subject 
at any time to be returned to a facility of the department of 
corrections established by law for the confinement or treatment 
of convicted persons and the parole rescinded by the 
commissioner.  The written order of the commissioner of 
corrections, is sufficient authority for any peace officer or 
state parole and probation agent to retake and place in actual 
custody any person on parole or supervised release, but any 
state parole and probation agent may, without order of warrant, 
when it appears necessary in order to prevent escape or enforce 
discipline, take and detain a parolee or person on supervised 
release or work release to the commissioner for action.  The 
written order of the commissioner of corrections is sufficient 
authority for any peace officer or state parole and probation 
agent to retake and place in actual custody any person on 
probation under the supervision of the commissioner pursuant to 
section 609.135, but any state parole and probation agent may, 
without an order, when it appears necessary in order to prevent 
escape or enforce discipline, retake and detain a probationer 
and bring the probationer before the court for further 
proceedings under section 609.14.  Persons conditionally 
released, and those on probation under the supervision of the 
commissioner of corrections pursuant to section 609.135 may be 
placed within or outside the boundaries of the state at the 
discretion of the commissioner of corrections or the court, and 
the limits fixed for these persons may be enlarged or reduced 
according to their conduct. 
    In considering applications for conditional release or 
discharge, the commissioner is not required to hear oral 
argument from any attorney or other person not connected with an 
adult correctional facility of the department of corrections in 
favor of or against the parole or release of any inmates, but 
the commissioner may institute inquiries by correspondence, 
taking testimony or otherwise, as to the previous history, 
physical or mental condition, and character of the inmate, and 
to that end shall have authority to require the attendance of 
the chief executive officer of any state adult correctional 
facility and the production of the records of these facilities, 
and to compel the attendance of witnesses.  The commissioner is 
authorized to administer oaths to witnesses for these purposes.  
    Sec. 3.  [243.165] [NOTICE OF SEX OFFENDER'S ADDRESS.] 
    Subdivision 1.  [TERMS.] (a) For purposes of this section, 
the following terms have the meanings given. 
    (b) "Law enforcement authority" means with respect to a 
home rule charter or statutory city, the chief of police, and 
with respect to an unincorporated area, the sheriff of the 
county. 
    (c) "Sex offender" means a person who has been convicted 
and sentenced under section 12, section 609.185, clause (2), 
section 609.342, 609.343, 609.344, or 609.345 and is serving or 
is being released to serve the supervised release portion of the 
sentence imposed or is on probation for that conviction unless 
the person is placed in a residential community-based facility. 
    Subd. 2.  [LOCATION REPORT REQUIRED.] A probation officer 
shall report in writing to the appropriate law enforcement 
authority the address of a sex offender who is assigned to that 
probation officer:  
    (1) when the sex offender is released from a state 
correctional institution to serve the supervised release term or 
is released from a residential community-based facility; and 
    (2) when the sex offender changes addresses.  A sex 
offender is deemed to change addresses when the sex offender 
remains at a new address for longer than two weeks and evinces 
an intent to take up residence there. 
    Subd. 3.  [USE OF INFORMATION.] The information provided 
under this section is private data on individuals under section 
13.01, subdivision 12.  The information may be used only for law 
enforcement purposes.  When the sex offender is discharged from 
supervised release or probation, the probation officer shall 
inform all law enforcement agencies notified under this 
section.  Each agency shall then destroy the data. 
    Sec. 4.  Minnesota Statutes 1988, section 243.18, is 
amended to read: 
    243.18 [DIMINUTION OF SENTENCE.] 
    Subdivision 1.  [GOOD TIME.] Every inmate sentenced for any 
term other than life, confined in a state adult correctional 
facility or on parole therefrom, may diminish the term of 
sentence one day for each two days during which the inmate has 
not violated any facility rule or discipline. 
    The commissioner of corrections, in view of the aggravated 
nature and frequency of offenses, may take away any or all of 
the good time previously gained, and, in consideration of 
mitigating circumstances or ignorance on the part of the inmate, 
may afterwards restore the inmate, in whole or in part, to the 
standing the inmate possessed before such good time was taken 
away. 
    Subd. 2.  [WORK REQUIRED.] An inmate for whom a work 
assignment is available may not earn good time under subdivision 
1 for any day on which the inmate does not perform the work 
assignment.  The commissioner may excuse an inmate from work 
only for illness, physical disability, or to participate in an 
education or treatment program. 
    Sec. 5.  Minnesota Statutes 1988, section 244.05, 
subdivision 2, is amended to read: 
    Subd. 2.  [RULES.] The commissioner of corrections 
shall promulgate rules for the placement and supervision of 
inmates serving a supervised release term.  The rules shall also 
provide adopt by rule standards and procedures for the 
revocation of supervised release, and shall specify the period 
of revocation for each violation of supervised release. 
Procedures for the revocation of supervised release shall 
provide due process of law for the inmate. 
    Sec. 6.  Minnesota Statutes 1988, section 244.05, 
subdivision 4, is amended to read: 
    Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
serving a mandatory life sentence under section 10 must not be 
given supervised release under this section.  An inmate serving 
a mandatory life sentence for conviction of murder in the first 
degree under section 609.185 must not be given supervised 
release under this section without having served a minimum term 
of 30 years.  An inmate serving a mandatory life sentence shall 
under section 609.385 must not be given supervised release under 
this section without having served a minimum term of 
imprisonment of 17 years. 
    Sec. 7.  Minnesota Statutes 1988, section 244.05, 
subdivision 5, is amended to read: 
    Subd. 5.  [SUPERVISED RELEASE, LIFE SENTENCE.] The 
commissioner of corrections may, under rules promulgated by the 
commissioner, give supervised release to an inmate serving a 
mandatory life sentence under section 609.185 or 609.385 after 
the inmate has served the minimum term of imprisonment specified 
in subdivision 4.  
    Sec. 8.  Minnesota Statutes 1988, section 244.09, 
subdivision 5, is amended to read: 
    Subd. 5.  The commission shall, on or before January 1, 
1980, promulgate sentencing guidelines for the district court.  
The guidelines shall be based on reasonable offense and offender 
characteristics.  The guidelines promulgated by the commission 
shall be advisory to the district court and shall establish: 
    (1) The circumstances under which imprisonment of an 
offender is proper; and 
    (2) A presumptive, fixed sentence for offenders for whom 
imprisonment is proper, based on each appropriate combination of 
reasonable offense and offender characteristics.  The guidelines 
may provide for an increase or decrease of up to 15 percent in 
the presumptive, fixed sentence. 
    The sentencing guidelines promulgated by the commission may 
also establish appropriate sanctions for offenders for whom 
imprisonment is not proper.  Any guidelines promulgated by the 
commission establishing sanctions for offenders for whom 
imprisonment is not proper shall make specific reference to 
noninstitutional sanctions, including but not limited to the 
following:  payment of fines, day fines, restitution, community 
work orders, work release programs in local facilities, 
community based residential and nonresidential programs, 
incarceration in a local correctional facility, and probation 
and the conditions thereof. 
    In establishing and modifying the sentencing guidelines, 
the primary consideration of the commission shall take into 
substantial consideration be public safety.  The commission 
shall also consider current sentencing and release practices and 
correctional resources, including but not limited to the 
capacities of local and state correctional facilities. 
    The provisions of sections 14.01 to 14.69 do not apply to 
the promulgation of the sentencing guidelines, and the 
sentencing guidelines, including severity levels and criminal 
history scores, are not subject to review by the legislative 
commission to review administrative rules.  However, on or 
before January 1, 1986, the commission shall adopt rules 
pursuant to sections 14.01 to 14.69 which establish procedures 
for the promulgation of the sentencing guidelines, including 
procedures for the promulgation of severity levels and criminal 
history scores, and these rules shall be subject to review by 
the legislative commission to review administrative rules.  
    Sec. 9.  [609.152] [INCREASED SENTENCES FOR CERTAIN 
DANGEROUS AND CAREER OFFENDERS.] 
    Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
the following terms have the meanings given.  
    (b) "Conviction" means any of the following accepted and 
recorded by the court:  a plea of guilty, a verdict of guilty by 
a jury, or a finding of guilty by the court.  The term includes 
a conviction by any court in Minnesota or another jurisdiction.  
    (c) "Prior conviction" means a conviction that occurred 
before the offender committed the next felony resulting in a 
conviction and before the offense for which the offender is 
being sentenced under this section. 
    (d) "Violent crime" means a violation of or an attempt or 
conspiracy to violate any of the following laws of this state or 
any similar laws of the United States or any other state:  
section 609.185; 609.19; 609.195; 609.20; 609.205; 609.21; 
609.221; 609.222; 609.223; 609.228; 609.235; 609.24; 609.245; 
609.25; 609.255; 609.2661; 609.2662; 609.2663; 609.2664; 
609.2665; 609.267; 609.2671; 609.268; 609.342; 609.343; 609.344; 
609.345; 609.498, subdivision 1; 609.561; 609.562; 609.582, 
subdivision 1; 609.687; or any provision of chapter 152 that is 
punishable by a maximum term of imprisonment of 15 years or more.
    Subd. 2.  [INCREASED SENTENCES; DANGEROUS OFFENDERS.] 
Whenever a person is convicted of a violent crime, and the judge 
is imposing an executed sentence based on a sentencing 
guidelines presumptive imprisonment sentence, the judge may 
impose an aggravated durational departure from the presumptive 
imprisonment sentence up to the statutory maximum sentence if 
the offender was at least 18 years old at the time the felony 
was committed, and: 
    (1) the offender has two or more prior convictions for 
violent crimes; and 
    (2) the court finds that the offender is a danger to public 
safety and specifies on the record the basis for the finding, 
which may include: 
    (i) the offender's past criminal behavior, such as the 
offender's high frequency rate of criminal activity or juvenile 
adjudications, or long involvement in criminal activity 
including juvenile adjudications; or 
    (ii) the fact that the present offense of conviction 
involved an aggravating factor that would justify a durational 
departure under the sentencing guidelines. 
    Subd. 3.  [INCREASED SENTENCES; CAREER OFFENDERS.] Whenever 
a person is convicted of a felony, and the judge is imposing an 
executed sentence based on a sentencing guidelines presumptive 
imprisonment sentence, the judge may impose an aggravated 
durational departure from the presumptive sentence up to the 
statutory maximum sentence if the judge finds and specifies on 
the record that the offender has more than four prior felony 
convictions and that the present offense is a felony that was 
committed as part of a pattern of criminal conduct from which a 
substantial portion of the offender's income was derived. 
    Sec. 10.  [609.184] [HEINOUS CRIMES.] 
    Subdivision 1.  [TERMS.] (a) A "heinous crime" is a 
violation of section 609.185, 609.19, 609.195, or a violation of 
section 609.342 or 609.343, if the offense was committed with 
force or violence. 
    (b) "Previous conviction" means a conviction in Minnesota 
of a heinous crime or a conviction elsewhere for conduct that 
would have been a heinous crime under this chapter if committed 
in Minnesota.  The term includes any conviction that occurred 
before the commission of the present offense of conviction, but 
does not include a conviction if 15 years have elapsed since the 
person was discharged from the sentence imposed for the offense. 
    Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
a person to life imprisonment without possibility of release 
when the person is convicted of first degree murder under 
section 609.185 and the person has one or more previous 
convictions for a heinous crime. 
    Sec. 11.  Minnesota Statutes 1988, section 609.185, is 
amended to read: 
    609.185 [MURDER IN THE FIRST DEGREE.] 
    Whoever does any of the following is guilty of murder in 
the first degree and shall be sentenced to imprisonment for life:
    (1) causes the death of a human being with premeditation 
and with intent to effect the death of the person or of another; 
    (2) causes the death of a human being while committing or 
attempting to commit criminal sexual conduct in the first or 
second degree with force or violence, either upon or affecting 
the person or another; 
    (3) causes the death of a human being with intent to effect 
the death of the person or another, while committing or 
attempting to commit burglary, aggravated robbery, kidnapping, 
arson in the first or second degree, tampering with a witness in 
the first degree, or escape from custody, or any felony 
violation of chapter 152 involving the unlawful sale of a 
controlled substance; 
    (4) causes the death of a peace officer or a guard employed 
at a Minnesota state correctional facility, with intent to 
effect the death of that person or another, while the peace 
officer or guard is engaged in the performance of official 
duties; or 
    (5) causes the death of a minor under circumstances other 
than those described in clause (1) or (2) while committing or 
attempting to commit child abuse, when the perpetrator has 
engaged in a past pattern of child abuse upon the child and the 
death occurs under circumstances manifesting an extreme 
indifference to human life. 
    For purposes of clause (5), "child abuse" means an act 
committed against a minor victim that constitutes a violation of 
section 609.221, 609.222, 609.223, 609.224, 609.342, 609.343, 
609.344, 609.345, 609.377, or 609.378. 
    Sec. 12.  [609.196] [MANDATORY PENALTY FOR CERTAIN 
MURDERERS.] 
    When a person is convicted of violating section 609.19 or 
609.195, the court shall sentence the person to the statutory 
maximum term of imprisonment for the offense if the person was 
previously convicted of a heinous crime as defined in section 10 
and 15 years have not elapsed since the person was discharged 
from the sentence imposed for that conviction.  The court may 
not stay the imposition or execution of the sentence, 
notwithstanding section 609.135. 
    Sec. 13.  Minnesota Statutes 1988, section 609.346, 
subdivision 2, is amended to read: 
    Subd. 2.  [SUBSEQUENT SEX OFFENSE; PENALTY.] Except as 
provided in section 14, if a person is convicted of a second or 
subsequent offense under sections 609.342 to 609.345, within 15 
years of the prior a previous sex offense conviction, the court 
shall commit the defendant to the commissioner of corrections 
for imprisonment for a term of not less than three years, nor 
more than the maximum sentence provided by law for the offense 
for which convicted, notwithstanding the provisions of sections 
242.19, 243.05, 609.11, 609.12 and 609.135.  The court may stay 
the execution of the sentence imposed under this 
section subdivision only if it finds that a professional 
assessment indicates the offender is accepted by and can respond 
to treatment at a long-term inpatient program exclusively 
treating sex offenders and approved by the commissioner of 
corrections.  If the court stays the execution of a sentence, it 
shall include the following as conditions of probation:  (1) 
incarceration in a local jail or workhouse; and (2) a 
requirement that the offender successfully complete the 
treatment program and aftercare as directed by the court. 
    Sec. 14.  Minnesota Statutes 1988, section 609.346, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [MAXIMUM SENTENCE IMPOSED.] (a) The court shall 
sentence a person to a term of imprisonment of 37 years, 
notwithstanding the statutory maximum sentences under sections 
609.342 and 609.343 if: 
    (1) the person is convicted under section 609.342 or 
609.343; and 
    (2) the person has two previous sex offense convictions 
under section 609.342, 609.343, or 609.344. 
    (b) Notwithstanding sections 609.342, subdivision 3; and 
609.343, subdivision 3; and subdivision 2, the court may not 
stay imposition of the sentence required by this subdivision.  
    Sec. 15.  Minnesota Statutes 1988, section 609.346, 
subdivision 3, is amended to read: 
    Subd. 3.  [PRIOR PREVIOUS SEX OFFENSE CONVICTIONS UNDER 
SIMILAR STATUTES.] For the purposes of this section, an offense 
a conviction is considered a second or subsequent previous sex 
offense conviction if conviction of the actor for the offense 
follows or coincides with a conviction of the actor under person 
was convicted of a sex offense, before the commission of the 
present offense of conviction.  A person has two previous sex 
offense convictions only if the person was convicted and 
sentenced for a sex offense committed after the person was 
earlier convicted and sentenced for a sex offense, both 
convictions preceded the commission of the present offense of 
conviction, and 15 years have not elapsed since the person was 
discharged from the sentence imposed for the second conviction.  
A "sex offense" is a violation of sections 609.342 to 609.345 or 
under any similar statute of the United States, or this or any 
other state. 
    Sec. 16.  Minnesota Statutes 1988, section 611A.038, is 
amended to read: 
    611A.038 [RIGHT TO SUBMIT STATEMENT AT SENTENCING.] 
    Subdivision 1.  [IMPACT STATEMENT.] A victim has the right 
to submit an impact statement, either orally or in writing, to 
the court at the time of sentencing or disposition hearing.  The 
impact statement may be presented to the court orally or in 
writing, at the victim's option.  If the victim requests, the 
prosecutor must orally present the statement to the court. 
    Statements may include the following, subject to reasonable 
limitations as to time and length: 
    (1) a summary of the harm or trauma suffered by the victim 
as a result of the crime; 
    (2) a summary of the economic loss or damage suffered by 
the victim as a result of the crime; and 
    (3) a victim's reaction to the proposed sentence or 
disposition. 
    Sec. 17.  [DIRECTIVES TO GUIDELINES COMMISSION.] 
    Subdivision 1.  [INTENTIONAL SECOND DEGREE MURDER.] The 
sentencing guidelines commission shall increase the presumptive 
sentence of imprisonment for intentional second degree murder to 
306 months for an offender with a criminal history score of 
zero.  The commission shall proportionally increase the 
presumptive sentences for higher criminal history scores and for 
attempted first degree murder. 
    Subd. 2.  [UNINTENTIONAL SECOND DEGREE MURDER AND THIRD 
DEGREE MURDER.] The sentencing guidelines commission shall 
adjust the presumptive sentence of imprisonment for 
unintentional second degree murder and for third degree murder 
proportionally to reflect the increased presumptive sentence 
established under subdivision 1. 
    Sec. 18.  [EFFECTIVE DATE.] 
    Sections 6, 7, and 10 to 15 are effective August 1, 1989, 
and apply to crimes committed on or after that date.  The court 
shall consider convictions occurring before August 1, 1989, as 
prior convictions in sentencing offenders under sections 9, 10, 
and 12 to 15.  Section 9 is effective August 1, 1990, and 
applies to crimes committed on or after that date. 

                               ARTICLE 3 

                      CONTROLLED SUBSTANCE CRIMES 
    Section 1.  Minnesota Statutes 1988, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [HALLUCINOGEN.] "Hallucinogen" means any 
hallucinogen listed in section 152.02, subdivision 2, clause 
(3), or Minnesota Rules, part 6800.4210, item C, except 
marijuana and Tetrahydrocannabinols. 
    Sec. 2.  Minnesota Statutes 1988, section 152.01, 
subdivision 7, is amended to read: 
    Subd. 7. [MANUFACTURING MANUFACTURE.] "Manufacturing 
Manufacture", in places other than a pharmacy, means and 
includes the production, cultivation, quality control, and 
standardization by mechanical, physical, chemical, or 
pharmaceutical means, packing, repacking, tableting, 
encapsulating, labeling, relabeling, filling, or by other 
process, of drugs. 
    Sec. 3.  Minnesota Statutes 1988, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 9a.  [MIXTURE.] "Mixture" means a preparation, 
compound, mixture, or substance containing a controlled 
substance, regardless of purity. 
    Sec. 4.  Minnesota Statutes 1988, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 12a.  [PARK ZONE.] "Park zone" means an area 
designated as a public park by the federal government, the 
state, a local unit of government, a park district board, or a 
park and recreation board in a city of the first class.  "Park 
zone" includes the area within 300 feet or one city block, 
whichever distance is greater, of the park boundary. 
    Sec. 5.  Minnesota Statutes 1988, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 14a.  [SCHOOL ZONE.] "School zone" means:  
    (1) any property owned, leased, or controlled by a school 
district or an organization operating a nonpublic school, as 
defined in section 123.932, subdivision 3, where an elementary, 
middle, secondary school, secondary vocational center or other 
school providing educational services in grade one through grade 
12 is located, or used for educational purposes, or where 
extracurricular or cocurricular activities are regularly 
provided; 
    (2) the area surrounding school property as described in 
clause (1) to a distance of 300 feet or one city block, 
whichever distance is greater, beyond the school property; and 
    (3) the area within a school bus when that bus is being 
used to transport one or more elementary or secondary school 
students.  
    Sec. 6.  Minnesota Statutes 1988, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 15a.  [SELL.] "Sell" means to sell, give away, 
barter, deliver, exchange, distribute or dispose of to another; 
or to offer or agree to do the same; or to manufacture. 
    Sec. 7.  Minnesota Statutes 1988, section 152.01, is 
amended by adding a subdivision to read: 
    Subd. 16a.  [SUBSEQUENT CONTROLLED SUBSTANCE CONVICTION.] 
"Subsequent controlled substance conviction" means that before 
commission of the offense for which the person is convicted 
under this chapter, the person was convicted in Minnesota of a 
felony violation of this chapter or a felony-level attempt or 
conspiracy to violate this chapter, or convicted elsewhere for 
conduct that would have been a felony under this chapter if 
committed in Minnesota.  An earlier conviction is not relevant 
if ten years have elapsed since:  (1) the person was restored to 
civil rights; or (2) the sentence has expired, whichever occurs 
first. 
    Sec. 8.  [152.021] [CONTROLLED SUBSTANCE CRIME IN THE FIRST 
DEGREE.] 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the first degree if: 
    (1) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures containing ten 
grams or more of cocaine base; 
    (2) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 grams or more containing a narcotic drug; 
    (3) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 grams or more containing methamphetamine, amphetamine, 
phencyclidine, or hallucinogen or, if the controlled substance 
is packaged in dosage units, equaling 200 or more dosage units; 
or 
    (4) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 100 kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of a 
controlled substance crime in the first degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing 25 grams or more of cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of 500 grams or more containing a narcotic drug; 
    (3) the person unlawfully possesses one or more mixtures of 
a total weight of 500 grams or more containing methamphetamine, 
amphetamine, phencyclidine, or hallucinogen or, if the 
controlled substance is packaged in dosage units, equaling 500 
or more dosage units; or 
    (4) the person unlawfully possesses one or more mixtures of 
a total weight of 100 kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Subd. 3.  [PENALTY.] (a) A person convicted under 
subdivision 1 or 2 may be sentenced to imprisonment for not more 
than 30 years or to payment of a fine of not more than 
$1,000,000, or both. 
    (b) If the conviction is a subsequent controlled substance 
conviction, a person convicted under subdivision 1 or 2 shall be 
sentenced to imprisonment for not less than four years nor more 
than 40 years or to payment of a fine of not more than 
$1,000,000, or both. 
    Sec. 9.  [152.022] [CONTROLLED SUBSTANCE CRIME IN THE 
SECOND DEGREE.] 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the second degree if: 
    (1) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures containing three 
grams or more of cocaine base; 
    (2) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing a narcotic drug; 
    (3) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of ten grams or more containing methamphetamine, amphetamine, 
phencyclidine, or hallucinogen or, if the controlled substance 
is packaged in dosage units, equaling 50 or more dosage units; 
    (4) on one or more occasions within a 90-day period the 
person unlawfully sells one or more mixtures of a total weight 
of 50 kilograms or more containing marijuana or 
Tetrahydrocannabinols; or 
    (5) the person unlawfully sells any amount of a Schedule I 
or II narcotic drug, and: 
    (i) the person unlawfully sells the substance to a person 
under the age of 18, or conspires with or employs a person under 
the age of 18 to unlawfully sell the substance; or 
    (ii) the sale occurred in a school zone or a park zone. 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
controlled substance crime in the second degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing six grams or more of cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of 50 grams or more containing a narcotic drug; 
    (3) the person unlawfully possesses one or more mixtures of 
a total weight of 50 grams or more containing methamphetamine, 
amphetamine, phencyclidine, or hallucinogen or, if the 
controlled substance is packaged in dosage units, equaling 100 
or more dosage units; or 
    (4) the person unlawfully possesses one or more mixtures of 
a total weight of 50 kilograms or more containing marijuana or 
Tetrahydrocannabinols. 
    Subd. 3.  [PENALTY.] (a) A person convicted under 
subdivision 1 or 2 may be sentenced to imprisonment for not more 
than 25 years or to payment of a fine of not more than $500,000, 
or both. 
    (b) If the conviction is a subsequent controlled substance 
conviction, a person convicted under subdivision 1 or 2 shall be 
sentenced to imprisonment for not less than three years nor more 
than 40 years or to payment of a fine of not more than $500,000, 
or both.  
    Sec. 10.  [152.023] [CONTROLLED SUBSTANCE CRIME IN THE 
THIRD DEGREE.] 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the third degree if:  
    (1) the person unlawfully sells one or more mixtures 
containing a narcotic drug; 
    (2) the person unlawfully sells one or more mixtures 
containing phencyclidine or hallucinogen, it is packaged in 
dosage units, and equals ten or more dosage units; 
    (3) the person unlawfully sells one or more mixtures 
containing a controlled substance classified in Schedule I, II, 
or III, except a Schedule I or II narcotic drug, marijuana or 
Tetrahydrocannabinols, to a person under the age of 18; or 
    (4) the person conspires with or employs a person under the 
age of 18 to unlawfully sell one or more mixtures containing a 
controlled substance listed in Schedule I, II, or III, except a 
Schedule I or II narcotic drug, marijuana or 
Tetrahydrocannabinols. 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
controlled substance crime in the third degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing three grams or more of cocaine base; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of ten grams or more containing a narcotic drug; 
    (3) the person unlawfully possesses one or more mixtures 
containing a narcotic drug with the intent to sell it; 
    (4) the person unlawfully possesses one or more mixtures 
containing a narcotic drug, it is packaged in dosage units, and 
equals 50 or more dosage units; or 
    (5) the person unlawfully possesses any amount of a 
Schedule I or II narcotic drug in a school zone or a park zone. 
    Subd. 3.  [PENALTY.] (a) A person convicted under 
subdivision 1 or 2 may be sentenced to imprisonment for not more 
than 20 years or to payment of a fine of not more than $250,000, 
or both. 
    (b) If the conviction is a subsequent controlled substance 
conviction, a person convicted under subdivision 1 or 2 shall be 
sentenced to imprisonment for not less than two years nor more 
than 30 years or to payment of a fine of not more than $250,000, 
or both. 
    Sec. 11.  [152.024] [CONTROLLED SUBSTANCE CRIME IN THE 
FOURTH DEGREE.] 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the fourth degree if: 
    (1) the person unlawfully sells one or more mixtures 
containing a controlled substance classified in Schedule I, II, 
or III, except marijuana or Tetrahydrocannabinols; 
    (2) the person unlawfully sells one or more mixtures 
containing marijuana or Tetrahydrocannabinols to a person under 
the age of 18; 
    (3) the person conspires with or employs a person under the 
age of 18 to unlawfully sell one or more mixtures containing 
marijuana or Tetrahydrocannabinols; 
    (4) the person unlawfully sells one or more mixtures 
containing a controlled substance classified in Schedule IV or V 
to a person under the age of 18; or 
    (5) the person conspires with or employs a person under the 
age of 18 to unlawfully sell a controlled substance classified 
in Schedule IV or V. 
    Subd. 2.  [POSSESSION CRIMES.] A person is guilty of 
controlled substance crime in the fourth degree if:  
    (1) the person unlawfully possesses one or more mixtures 
containing phencyclidine or hallucinogen, it is packaged in 
dosage units, and equals ten or more dosage units; or 
    (2) the person unlawfully possesses one or more mixtures 
containing a controlled substance classified in Schedule I, II, 
or III, except marijuana or Tetrahydrocannabinols, with the 
intent to sell it. 
    Subd. 3.  [PENALTY.] (a) A person convicted under 
subdivision 1 or 2 may be sentenced to imprisonment for not more 
than 15 years or to payment of a fine of not more than $100,000, 
or both. 
    (b) If the conviction is a subsequent controlled substance 
conviction, a person convicted under subdivision 1 or 2 shall be 
sentenced to imprisonment for not less than one year nor more 
than 30 years or to payment of a fine of not more than $100,000, 
or both. 
    Sec. 12.  [152.025] [CONTROLLED SUBSTANCE CRIME IN THE 
FIFTH DEGREE.] 
    Subdivision 1.  [SALE CRIMES.] A person is guilty of 
controlled substance crime in the fifth degree if: 
    (1) the person unlawfully sells one or more mixtures 
containing marijuana or Tetrahydrocannabinols, except a small 
amount of marijuana for no remuneration; or 
    (2) the person unlawfully sells one or more mixtures 
containing a controlled substance classified in Schedule IV. 
    Subd. 2.  [POSSESSION AND OTHER CRIMES.] A person is guilty 
of controlled substance crime in the fifth degree if: 
    (1) the person unlawfully possesses one or more mixtures 
containing a controlled substance classified in Schedule I, II, 
III, or IV, except a small amount of marijuana; or 
    (2) the person procures, attempts to procure, possesses, or 
has control over a controlled substance by any of the following 
means: 
    (i) fraud, deceit, misrepresentation, or subterfuge; 
    (ii) using a false name or giving false credit; or 
    (iii) falsely assuming the title of, or falsely 
representing any person to be, a manufacturer, wholesaler, 
pharmacist, physician, doctor of osteopathy licensed to practice 
medicine, dentist, podiatrist, veterinarian, or other authorized 
person for the purpose of obtaining a controlled substance. 
    Subd. 3.  [PENALTY.] (a) A person convicted under 
subdivision 1 or 2 may be sentenced to imprisonment for not more 
than five years or to payment of a fine of not more than 
$10,000, or both. 
    (b) If the conviction is a subsequent controlled substance 
conviction, a person convicted under subdivision 1 or 2 shall be 
sentenced to imprisonment for not less than six months nor more 
than ten years or to payment of a fine of not more than $20,000, 
or both. 
    Sec. 13.  [152.026] [MANDATORY SENTENCES.] 
    A defendant convicted and sentenced to a mandatory sentence 
under sections 8 to 12 is not eligible for probation, parole, 
discharge, or supervised release until that person has served 
the full mandatory minimum term of imprisonment as provided by 
law, notwithstanding sections 242.19, 243.05, 609.12, and 
609.135. 
    Sec. 14.  [152.027] [OTHER CONTROLLED SUBSTANCE OFFENSES.] 
    Subdivision 1.  [SALE OF SCHEDULE V CONTROLLED SUBSTANCE.] 
A person who unlawfully sells one or more mixtures containing a 
controlled substance classified in Schedule V may be sentenced 
to imprisonment for not more than one year or to payment of a 
fine of not more than $3,000, or both. 
    Subd. 2.  [POSSESSION OF SCHEDULE V CONTROLLED 
SUBSTANCE.] A person who unlawfully possesses one or more 
mixtures containing a controlled substance classified in 
Schedule V may be sentenced to imprisonment for not more than 
one year or to payment of a fine of not more than $3,000, or 
both.  The court may order that a person who is convicted under 
this subdivision and placed on probation be required to take 
part in a drug education program as specified by the court. 
    Subd. 3.  [POSSESSION OF MARIJUANA IN A MOTOR VEHICLE.] A 
person is guilty of a misdemeanor if the person is the owner of 
a private motor vehicle, or is the driver of the motor vehicle 
if the owner is not present, and possesses on the person, or 
knowingly keeps or allows to be kept within the area of the 
vehicle normally occupied by the driver or passengers, more than 
1.4 grams of marijuana.  This area of the vehicle does not 
include the trunk of the motor vehicle if the vehicle is 
equipped with a trunk, or another area of the vehicle not 
normally occupied by the driver or passengers if the vehicle is 
not equipped with a trunk.  A utility or glove compartment is 
deemed to be within the area occupied by the driver and 
passengers. 
     Subd. 4.  [POSSESSION OR SALE OF SMALL AMOUNTS OF 
MARIJUANA.] (a) A person who unlawfully sells a small amount of 
marijuana for no remuneration, or who unlawfully possesses a 
small amount of marijuana is guilty of a petty misdemeanor 
punishable by a fine of up to $200 and participation in a drug 
education program unless the court enters a written finding that 
a drug education program is inappropriate.  The program must be 
approved by an area mental health board with a curriculum 
approved by the state alcohol and drug abuse authority. 
    (b) A person convicted of an unlawful sale under paragraph 
(a) who is subsequently convicted of an unlawful sale under 
paragraph (a) within two years is guilty of a misdemeanor and 
shall be required to participate in a chemical dependency 
evaluation and treatment if so indicated by the evaluation. 
    (c) A person who is convicted of a petty misdemeanor under 
paragraph (a) who willfully and intentionally fails to comply 
with the sentence imposed, is guilty of a misdemeanor.  
Compliance with the terms of the sentence imposed before 
conviction under this paragraph is an absolute defense. 
    Sec. 15.  [152.028] [PERMISSIVE INFERENCE OF KNOWING 
POSSESSION.] 
    Subdivision 1.  [RESIDENCES.] The presence of a controlled 
substance in open view in a room, other than a public place, 
under circumstances evincing an intent by one or more of the 
persons present to unlawfully mix, compound, package, or 
otherwise prepare for sale the controlled substance permits the 
factfinder to infer knowing possession of the controlled 
substance by each person in close proximity to the controlled 
substance when the controlled substance was found.  The 
permissive inference does not apply to any person if: 
    (1) one of them legally possesses the controlled substance; 
or 
    (2) the controlled substance is on the person of one of the 
occupants. 
    Subd. 2.  [PASSENGER AUTOMOBILES.] The presence of a 
controlled substance in a passenger automobile permits the 
factfinder to infer knowing possession of the controlled 
substance by the driver or person in control of the automobile 
when the controlled substance was in the automobile.  This 
inference may only be made if the defendant is charged with 
violating section 8, 9, or 10.  The inference does not apply: 
    (1) to a duly licensed operator of an automobile who is at 
the time operating it for hire in the lawful and proper pursuit 
of the operator's trade; 
    (2) to any person in the automobile if one of them legally 
possesses a controlled substance; or 
    (3) when the controlled substance is concealed on the 
person of one of the occupants. 
    Sec. 16.  [152.029] [PUBLIC INFORMATION: SCHOOL ZONES AND 
PARK ZONES.] 
    The attorney general shall disseminate information to the 
public relating to the penalties for committing controlled 
substance crimes in park zones and school zones.  The attorney 
general shall draft a plain language version of sections 9, 10 
and 25 that describes in a clear and coherent manner using words 
with common and everyday meanings the contents of those sections.
The attorney general shall publicize and disseminate the plain 
language version as widely as practicable, including 
distributing the version to school boards and local governments. 
    Sec. 17.  Minnesota Statutes 1988, section 152.096, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROHIBITED ACTS; PENALTIES.] Any person 
who conspires to commit any act prohibited by section 
152.09 this chapter, except possession or distribution for no 
remuneration of a small amount of marijuana as defined in 
section 152.01, subdivision 16, is guilty of a felony and upon 
conviction may be imprisoned, fined, or both, up to the maximum 
amount authorized by law for the act the person conspired to 
commit.  
    Sec. 18.  Minnesota Statutes 1988, section 152.097, is 
amended by adding a subdivision to read: 
    Subd. 4.  [PENALTY.] A person who violates this section may 
be sentenced to imprisonment for not more than three years or to 
payment of a fine of not more than $20,000, or both.  Sentencing 
for a conviction for attempting to sell, transfer, or deliver a 
noncontrolled substance in violation of this section is governed 
by section 609.17, subdivision 4. 
    Sec. 19.  Minnesota Statutes 1988, section 152.151, is 
amended to read: 
    152.151 [REPORT TO LEGISLATURE.] 
    The state alcohol and drug authority shall build into 
evaluate the drug education program required by section 152.15, 
subdivision 2, proper evaluation 14 and report directly each 
legislative session to the legislative standing committees 
having jurisdiction over the subject matter. 
    Sec. 20.  [152.152] [STAYED SENTENCE LIMITED.] 
    If a person is convicted under section 8, 9, or 10 and the 
sentencing guidelines grid calls for a presumptive prison 
sentence for the offense, the court may stay imposition or 
execution of the sentence only as provided in this section.  The 
sentence may be stayed based on amenability to probation only if 
the offender presents adequate evidence to the court that the 
offender has been accepted by, and can respond to, a treatment 
program that has been approved by the commissioner of human 
services.  The court may impose a sentence that is a mitigated 
dispositional departure on any other ground only if the court 
includes as a condition of probation incarceration in a local 
jail or workhouse. 
    Sec. 21.  Minnesota Statutes 1988, section 152.18, 
subdivision 1, is amended to read: 
    Subdivision 1.  If any person is found guilty of a 
violation of section 152.09, subdivision 1, clause (2) 11, 12, 
or 14 for possession of a controlled substance, after trial or 
upon a plea of guilty, the court may, without entering a 
judgment of guilty and with the consent of such 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 term of imprisonment provided for such 
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 such person and 
discharge the person from probation before the expiration of the 
maximum period prescribed for such person's probation.  If 
during the period of probation such person does not violate any 
of the conditions of the probation, then upon expiration of such 
period the court shall discharge such person and dismiss the 
proceedings against that person.  Discharge and dismissal 
hereunder shall be without court adjudication of guilt, but a 
nonpublic record thereof shall be retained by the department of 
public safety solely for the purpose of use by the courts in 
determining the merits of subsequent proceedings against such 
person.  The court shall forward a record of any discharge and 
dismissal hereunder to the department of public safety who shall 
make and maintain the nonpublic record thereof as hereinbefore 
provided.  Such 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. 
    Sec. 22.  Minnesota Statutes 1988, section 152.20, is 
amended to read: 
    152.20 [PENALTIES UNDER OTHER LAWS.] 
    Any penalty imposed for violation of Laws 1971, chapter 937 
this chapter is in addition to, and not in lieu of, any civil or 
administrative penalty or sanction otherwise authorized by law.  
    Sec. 23.  Minnesota Statutes 1988, section 152.21, 
subdivision 6, is amended to read: 
    Subd. 6.  [EXEMPTION FROM CRIMINAL SANCTIONS.] For the 
purposes of this section, the following are not violations 
listed in section 152.09 or 152.15 under this chapter:  
    (1) use or possession of THC, or both, by a patient in the 
research program; 
    (2) possession, prescribing use of, administering, or 
dispensing THC, or any combination of these actions, by the 
principal investigator or by any clinical investigator; and 
    (3) possession or distribution of THC, or both, by a 
pharmacy registered to handle schedule I substances which stores 
THC on behalf of the principal investigator or a clinical 
investigator.  
    THC obtained and distributed pursuant to this section is 
not subject to forfeiture under sections 609.531 to 609.5316.  
    For the purposes of this section, THC is removed from 
schedule I contained in section 152.02, subdivision 2, and 
inserted in schedule II contained in section 152.02, subdivision 
3.  
    Sec. 24.  Minnesota Statutes 1988, section 243.55, 
subdivision 1, is amended to read: 
    Subdivision 1.  Any person who brings, sends, or in any 
manner causes to be introduced into any state correctional 
facility or state hospital, or within or upon the grounds 
belonging to or land or controlled by any such facility or 
hospital, any controlled substance as defined in section 152.01, 
subdivision 4, or any firearms, weapons or explosives of any 
kind, without the consent of the chief executive officer 
thereof, shall be guilty of a felony and, upon conviction 
thereof, punished by imprisonment for a term of not less than 
three, nor more than five, ten years.  Any person who brings, 
sends, or in any manner causes to be introduced into any state 
correctional facility or within or upon the grounds belonging to 
or land controlled by the facility, any intoxicating or 
alcoholic liquor or malt beverage of any kind without the 
consent of the chief executive officer thereof, shall be guilty 
of a gross misdemeanor.  The provisions of this section shall 
not apply to physicians carrying drugs or introducing any of the 
above described liquors into such facilities for use in the 
practice of their profession; nor to sheriffs or other peace 
officers carrying revolvers or firearms as such officers in the 
discharge of duties. 
    Sec. 25.  [244.095] [SENTENCING GUIDELINES MODIFICATION; 
UPWARD DEPARTURE FOR CERTAIN DRUG OFFENSES.] 
    Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
"park zone" and "school zone" have the meanings given them in 
sections 4 and 5.  
    (b) As used in this section, "controlled substance" has the 
meaning given in section 152.01, subdivision 4, but does not 
include a narcotic drug listed in schedule I or II.  
    Subd. 2.  [AGGRAVATING FACTOR FOR DRUG OFFENSES COMMITTED 
IN PARK ZONES AND IN SCHOOL ZONES.] The commission shall modify 
the list of aggravating factors contained in the sentencing 
guidelines so as to authorize the sentencing judge to depart 
from the presumptive sentence with respect to either disposition 
or duration when the following circumstances are present: 
    (1) the defendant was convicted of unlawfully selling or 
possessing controlled substances in violation of chapter 152; 
and 
    (2) the crime was committed in a park zone or in a school 
zone. 
This aggravating factor shall not apply to a person convicted of 
unlawfully possessing controlled substances in a private 
residence located within a school zone or a park zone if no 
person under the age of 18 was present in the residence when the 
offense was committed. 
    Subd. 3.  [REPORT TO LEGISLATURE.] The commission shall 
collect data on the number and types of cases involving a 
sentencing departure based on the aggravating factor created in 
subdivision 2, and shall report its findings to the legislature 
on or before February 1, 1991. 
    Sec. 26.  Minnesota Statutes 1988, section 260.125, 
subdivision 3, is amended to read: 
    Subd. 3.  A prima facie case that the public safety is not 
served or that the child is not suitable for treatment shall 
have been established if the child was at least 16 years of age 
at the time of the alleged offense and: 
    (1) Is alleged by delinquency petition to have committed an 
aggravated felony against the person and (a) in committing the 
offense, the child acted with particular cruelty or disregard 
for the life or safety of another; or (b) the offense involved a 
high degree of sophistication or planning by the juvenile; or 
    (2) Is alleged by delinquency petition to have committed 
murder in the first degree; or 
    (3) Is alleged by delinquency petition (a) to have 
committed the delinquent act of escape from confinement to a 
state juvenile correctional facility and (b) to have committed 
an offense as part of, or subsequent to, escape from custody 
that would be a felony listed in section 609.11, subdivision 9, 
if committed by an adult; or 
    (4) Has been found by the court, pursuant to an admission 
in court or after trial, to have committed an offense within the 
preceding 24 months which would be a felony if committed by an 
adult, and is alleged by delinquency petition to have committed 
murder in the second or third degree, manslaughter in the first 
degree, criminal sexual conduct in the first degree or assault 
in the first degree; or 
     (5) Has been found by the court, pursuant to an admission 
in court or after trial, to have committed two offenses, not in 
the same behavioral incident, within the preceding 24 months 
which would be felonies if committed by an adult, and is alleged 
by delinquency petition to have committed manslaughter in the 
second degree, kidnapping, criminal sexual conduct in the second 
degree, arson in the first degree, aggravated robbery, or 
assault in the second degree; or 
     (6) Has been found by the court, pursuant to an admission 
in court or after trial, to have committed two offenses, not in 
the same behavioral incident, within the preceding 24 months, 
one or both of which would be the felony of burglary of a 
dwelling if committed by an adult, and the child is alleged by 
the delinquency petition to have committed another burglary of a 
dwelling.  For purposes of this subdivision, "dwelling" means a 
building which is, in whole or in part, usually occupied by one 
or more persons living there at night; or 
     (7) Has previously been found by the court, pursuant to an 
admission in court or after trial, to have committed three 
offenses, none in the same behavioral incident, within the 
preceding 24 months which would be felonies if committed by an 
adult, and is alleged by delinquency petition to have committed 
any felony other than those described in clause (2), (4), or 
(5); or 
    (8) Is alleged by delinquency petition to have committed an 
aggravated felony against the person, other than a violation of 
section 609.713, in furtherance of criminal activity by an 
organized gang; or 
    (9) Has previously been found by the court, pursuant to an 
admission in court or after trial, to have committed an offense 
which would be a felony if committed by an adult, and is alleged 
by delinquency petition to have committed a felony-level 
violation of chapter 152 involving the unlawful sale or 
possession of a schedule I or II controlled substance, while in 
a public park zone or a school zone as defined in sections 4 and 
5.  This clause does not apply to a juvenile alleged to have 
unlawfully possessed a controlled substance in a private 
residence located within the school zone or park zone.  
    For the purposes of this subdivision, "aggravated felony 
against the person" means a violation of any of the following 
provisions:  section 609.185; 609.19; 609.195; 609.20, 
subdivision 1 or 2; 609.221; 609.222; 609.223; 609.245; 609.25; 
609.342; 609.343; 609.344, subdivision 1, clause (c) or (d); 
609.345, subdivision 1, clause (c) or (d); 609.561; 609.582, 
subdivision 1, clause (b) or (c); or 609.713. 
    For the purposes of this subdivision, an "organized gang" 
means an association of five or more persons, with an 
established hierarchy, formed to encourage members of the 
association to perpetrate crimes or to provide support to 
members of the association who do commit crimes. 
    Sec. 27.  Minnesota Statutes 1988, section 609.11, 
subdivision 7, is amended to read: 
    Subd. 7.  [PROSECUTOR SHALL ESTABLISH.] Whenever reasonable 
grounds exist to believe that the defendant or an accomplice 
used a firearm or other dangerous weapon or had in possession a 
firearm, at the time of commission of an offense listed in 
subdivision 9, the prosecutor shall, at the time of trial or at 
the plea of guilty, present on the record all evidence tending 
to establish that fact unless it is otherwise admitted on the 
record.  The question of whether the defendant or an accomplice, 
at the time of commission of an offense listed in subdivision 9, 
used a firearm or other dangerous weapon or had in possession a 
firearm shall be determined by the court on the record at the 
time of a verdict or finding of guilt at trial or the entry of a 
plea of guilty based upon the record of the trial or the plea of 
guilty.  The court shall determine on the record at the time of 
sentencing whether the defendant has been convicted of a second 
or subsequent offense in which the defendant or an accomplice, 
at the time of commission of an offense listed in subdivision 9, 
used a firearm or other dangerous weapon or had in possession a 
firearm.  
    Sec. 28.  Minnesota Statutes 1988, section 609.11, 
subdivision 9, is amended to read: 
    Subd. 9.  [APPLICABLE OFFENSES.] The crimes for which 
mandatory minimum sentences shall be served before eligibility 
for probation, parole, or supervised release as provided in this 
section are:  murder in the first, second, or third degree; 
assault in the first, second, or third degree; burglary; 
kidnapping; false imprisonment; manslaughter in the first or 
second degree; aggravated robbery; simple robbery; criminal 
sexual conduct under the circumstances described in sections 
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
1, clauses (a) to (f); and 609.344, subdivision 1, clauses (a) 
to (e) and (h) to (j); escape from custody; arson in the first, 
second, or third degree; a felony violation of chapter 152; or 
any attempt to commit any of these offenses.  
    Sec. 29.  Minnesota Statutes 1988, section 609.531, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
609.531 to 609.5316, the following terms have the meanings given 
them.  
    (a) "Conveyance device" means a device used for 
transportation and includes, but is not limited to, a motor 
vehicle, trailer, snowmobile, airplane, and vessel and any 
equipment attached to it.  The term "conveyance device" does not 
include property which is, in fact, itself stolen or taken in 
violation of the law.  
    (b) "Weapon used" means a weapon used in the furtherance of 
a crime and defined as a dangerous weapon under section 609.02, 
subdivision 6.  
    (c) "Property" means property as defined in section 609.52, 
subdivision 1, clause (1).  
    (d) "Contraband" means property which is illegal to possess 
under Minnesota law.  
    (e) "Appropriate agency" means the bureau of criminal 
apprehension, the Minnesota state patrol, a county sheriff's 
department, the suburban Hennepin regional park district park 
rangers, or a city or airport police department.  
    (f) "Designated offense" includes:  
    (1) For weapons used:  any violation of this chapter; 
    (2) For all other purposes:  a felony violation of, or a 
felony-level attempt or conspiracy to violate, section 609.185; 
609.19; 609.195; 609.21; 609.221; 609.222; 609.223; 609.2231; 
609.24; 609.245; 609.25; 609.255; 609.322, subdivision 1 or 2; 
609.342, subdivision 1, clauses (a) to (f); 609.343, subdivision 
1, clauses (a) to (f); 609.344, subdivision 1, clauses (a) to 
(e), and (h) to (j); 609.345, subdivision 1, clauses (a) to (e), 
and (h) to (j); 609.42; 609.425; 609.466; 609.485; 609.487; 
609.52; 609.525; 609.53; 609.54; 609.551; 609.561; 609.562; 
609.563; 609.582; 609.59; 609.595; 609.631; 609.671, 
subdivisions 3, 4, and 5; 609.687; 609.821; 609.825; 609.86; 
609.88; 609.89; or 617.246.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4. 
    Sec. 30.  Minnesota Statutes 1988, section 609.5311, 
subdivision 3, is amended to read: 
    Subd. 3.  [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 
ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 
is subject to forfeiture under this section only if the retail 
value of the controlled substance is $500 $25 or more and the 
conveyance device is associated with a felony-level controlled 
substance crime. 
    (b) Real property is subject to forfeiture under this 
section only if the retail value of the controlled substance is 
$5,000 $1,000 or more. 
    (c) Property used by any person as a common carrier in the 
transaction of business as a common carrier is subject to 
forfeiture under this section only if the owner of the property 
is a consenting party to, or is privy to, the use or intended 
use of the property as described in subdivision 2. 
    (d) Property is subject to forfeiture under this section 
only if its owner was privy to the use or intended use described 
in subdivision 2, or the unlawful use or intended use of the 
property otherwise occurred with the owner's knowledge or 
consent. 
    (e) Forfeiture under this section of a conveyance device or 
real property encumbered by a bona fide security interest is 
subject to the interest of the secured party unless the secured 
party had knowledge of or consented to the act or omission upon 
which the forfeiture is based.  A person claiming a security 
interest bears the burden of establishing that interest by clear 
and convincing evidence.  
    (f) Notwithstanding paragraphs (d) and (e), property is not 
subject to forfeiture based solely on the owner's or secured 
party's knowledge of the unlawful use or intended use of the 
property if the owner or secured party took reasonable steps to 
terminate use of the property by the offender. 
    Sec. 31.  Minnesota Statutes 1988, section 609.5314, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROPERTY SUBJECT TO ADMINISTRATIVE 
FORFEITURE; PRESUMPTION.] (a) The following are presumed to be 
subject to administrative forfeiture under this section: 
    (1) all money, precious metals, and precious stones found 
in proximity to: 
    (i) controlled substances; 
    (ii) forfeitable drug manufacturing or distributing 
equipment or devices; or 
    (iii) forfeitable records of manufacture or distribution of 
controlled substances; and 
    (2) all conveyance devices containing controlled substances 
with a retail value of $500 $100 or more if possession or sale 
of the controlled substance would be a felony under chapter 152. 
    (b) A claimant of the property bears the burden to rebut 
this presumption. 
    Sec. 32.  Minnesota Statutes 1988, section 609.5315, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DISPOSITION.] If the court finds under 
section 609.5313 or 609.5314 that the property is subject to 
forfeiture, it may shall order the appropriate agency to: 
    (1) sell property that is not required to be destroyed by 
law and is not harmful to the public and distribute the proceeds 
under subdivision 5; 
    (2) take custody of the property and remove it for 
disposition in accordance with law; 
    (3) forward the property to the federal drug enforcement 
administration; 
    (4) disburse money as provided under subdivision 5; or 
    (5) keep property other than money for official use by the 
agency and the prosecuting agency. 
    Sec. 33.  Minnesota Statutes 1988, section 609.685, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [GROSS MISDEMEANOR.] (a) Whoever sells tobacco 
to a person under the age of 18 years is guilty of a gross 
misdemeanor.  
    (b) It is an affirmative defense to a charge under this 
subdivision if the defendant proves by a preponderance of the 
evidence that the defendant reasonably and in good faith relied 
on proof of age as described in section 340A.503, subdivision 6. 
    Sec. 34.  Minnesota Statutes 1988, section 609.685, 
subdivision 2, is amended to read: 
    Subd. 2.  [CRIME MISDEMEANOR.] Whoever furnishes tobacco or 
tobacco related devices to a person under the age of 18 years is 
guilty of a misdemeanor. 
    Sec. 35.  [SENTENCING GUIDELINES COMMISSION; STUDY OF 
MANDATORY MINIMUM SENTENCING LAW.] 
    The sentencing guidelines commission shall study sentencing 
practices under section 609.11 to determine the following issues:
    (1) whether prosecutors are complying with the statute's 
requirement to place on the record any evidence tending to show 
that a gun or dangerous weapon was used to commit an offense 
listed in section 609.11, subdivision 9; 
    (2) whether courts are complying with the statute's 
requirement to determine on the record the question of whether a 
gun or dangerous weapon was used to commit an offense listed in 
section 609.11, subdivision 9; 
    (3) the number of cases in which a prosecutor files a 
motion under section 609.11, subdivision 8, seeking waiver of 
the mandatory minimum sentence, the reasons given in these cases 
to support the motion, and the disposition of these motions; and 
    (4) the number of cases in which the court, on its own 
motion, sentences a defendant without regard to the mandatory 
minimum sentence, the reasons given in these cases for the 
court's departure, and the sentences pronounced by the court. 
    The commission shall submit a written report to the 
legislature on or before February 1, 1991, summarizing its 
findings on this study and recommending any changes necessary to 
improve the operation of section 609.11. 
    Sec. 36.  [LOCAL CORRECTIONAL RESOURCES; DATA COLLECTION; 
NEEDS ASSESSMENT.] 
    Subdivision 1.  [DUTIES OF THE SENTENCING GUIDELINES 
COMMISSION, COUNTIES, AND COMMISSIONER OF CORRECTIONS.] The 
sentencing guidelines commission, with the assistance of the 
supreme court, the state planning agency, corrections 
administrators, and the commissioner of corrections, shall 
determine how more detailed information can be gathered on a 
routine basis on local sentencing practices, usage of local 
correctional resources, and local alternatives to incarceration 
for convicted felons.  The corrections administrator for each 
county or group of counties participating in Minnesota Statutes, 
chapter 401, shall furnish data and information to assist the 
sentencing guidelines commission in making its determinations 
under this subdivision as the determinations pertain to the 
county or counties served by each administrator.  In a like 
manner the commissioner of corrections shall furnish pertinent 
data on those counties which do not participate in Minnesota 
Statutes, chapter 401.  
    Subd. 2.  [NONIMPRISONMENT GUIDELINES PILOT PROJECT.] The 
commissioner of corrections shall report to the sentencing 
guidelines commission on the results of its nonimprisonment 
guidelines pilot project when the project is completed.  If the 
pilot project is not completed by July 1, 1990, the commissioner 
shall provide an interim report to the commission on or before 
that date. 
    Subd. 3.  [REPORT.] The sentencing guidelines commission 
shall report to the legislature on or before February 1, 1991, 
describing what improvements have been made to address 
subdivision 1 and whether any legislative action is necessary to 
implement further improvements.  
    Sec. 37.  [REPEALER.] 
    Minnesota Statutes 1988, sections 152.09; and 152.15, 
subdivisions 1, 2, 2a, 2b, 3, 4a, and 5, are repealed. 
    Sec. 38.  [EFFECTIVE DATE.] 
    Sections 1 to 24, 26 to 32, and 37 are effective August 1, 
1989, and apply to crimes committed and violations occurring on 
or after that date.  Sections 33 and 34 are effective July 1, 
1989, and apply to crimes committed on or after that date. 

                               ARTICLE 4 

                             SEX OFFENDERS 
    Section 1.  [241.67] [SEX OFFENDER TREATMENT; PROGRAMS; 
STANDARDS; DATA.] 
    Subdivision 1.  [SEX OFFENDER TREATMENT.] A sex offender 
treatment system is established under the administration of the 
commissioner of corrections to provide and finance a range of 
sex offender treatment programs for eligible adults and 
juveniles.  Eligible offenders are: 
    (1) adults and juveniles committed to the custody of the 
commissioner; 
    (2) adult offenders for whom treatment is required by the 
court as a condition of probation; and 
    (3) juvenile offenders who have been found delinquent or 
received a stay of adjudication, for whom the juvenile court has 
ordered treatment. 
    Subd. 2.  [TREATMENT PROGRAM STANDARDS.] By July 1, 1991, 
the commissioner shall adopt rules under chapter 14 for the 
certification of adult and juvenile sex offender treatment 
programs in state and local correctional facilities.  The rules 
shall require that sex offender treatment programs be at least 
four months in duration.  After July 1, 1991, a correctional 
facility may not operate a sex offender treatment program unless 
the program has met the standards adopted by and been certified 
by the commissioner of corrections.  As used in this 
subdivision, "correctional facility" has the meaning given it in 
section 241.021, subdivision 1, clause (5).  
    Subd. 3.  [PROGRAMS FOR ADULT OFFENDERS COMMITTED TO THE 
COMMISSIONER.] (a) The commissioner shall provide for a range of 
sex offender treatment programs, including intensive sex 
offender treatment, within the state adult correctional facility 
system.  Participation in any treatment program is voluntary and 
is subject to the rules and regulations of the department of 
corrections.  Nothing in this section requires the commissioner 
to accept or retain an offender in a treatment program.  Nothing 
in this section creates a right of an offender to treatment.  
    (b) The commissioner shall provide for residential and 
outpatient sex offender treatment and aftercare when required 
for conditional release under section 12 or as a condition of 
supervised release. 
    Subd. 4.  [PROGRAMS FOR JUVENILE OFFENDERS COMMITTED TO THE 
COMMISSIONER.] The commissioner shall provide for sex offender 
treatment programs for juveniles committed to the commissioner 
by the courts under section 260.185, as provided under section 2.
    Subd. 5.  [PILOT PROGRAMS TO INCREASE ADULT AND JUVENILE 
SEX OFFENDER TREATMENT.] (a) The commissioner shall designate 
three or more pilot programs to increase sex offender treatment 
for:  
    (1) adults convicted of a violation of section 609.342, 
609.343, 609.344, 609.345, 609.3451, 609.746, 609.79, 617.23, 
617.246, or 617.247 who are sentenced by the court to 
incarceration in a local correctional facility or to sex 
offender treatment as a condition of probation; and 
    (2) juveniles found delinquent or receiving a stay of 
adjudication for a violation of one of those sections for whom 
the juvenile court has ordered sex offender treatment.  
    (b) At least one pilot program must be in the seven-county 
metropolitan area, at least one program must be outside the 
seven-county metropolitan area, at least one program must be in 
a community corrections act county, and at least one program 
must be in a noncommunity corrections act county.  
    (c) A public human services or community corrections agency 
may apply to the commissioner for a pilot program grant.  The 
application must be submitted in a form approved by the 
commissioner and must include:  
    (1) a proposal to increase treatment availability for sex 
offenders sentenced by the district court in the county; 
    (2) evidence of participation by local correctional, human 
services, court, and treatment professionals in identifying the 
current treatment funding level in the county and unmet sex 
offender treatment needs; and 
    (3) any other content the commissioner may require.  
    The commissioner may appoint an advisory task force to 
assist in the review of applications and the award of grants.  
    Subd. 6.  [SPECIALIZED CORRECTIONS AGENTS AND PROBATION 
OFFICERS; SEX OFFENDER SUPERVISION.] By January 1, 1990, the 
commissioner of corrections shall develop in-service training 
for state and local corrections agents and probation officers 
who supervise adult and juvenile sex offenders on probation or 
supervised release.  The commissioner shall make the training 
available to all current and future corrections agents and 
probation officers who supervise or will supervise sex offenders 
on probation or supervised release.  
    After January 1, 1991, a state or local corrections agent 
or probation officer may not supervise adult or juvenile sex 
offenders on probation or supervised release unless the agent or 
officer has completed the in-service sex offender supervision 
training.  The commissioner may waive this requirement if the 
corrections agent or probation officer has completed equivalent 
training as part of a post-secondary educational curriculum.  
    After January 1, 1991, when an adult sex offender is placed 
on supervised release or is sentenced to probationary 
supervision, and when a juvenile offender is found delinquent by 
the juvenile court for a sex offense and placed on probation or 
is paroled from a juvenile correctional facility, a corrections 
agent or probation officer may not be assigned to the offender 
unless the agent or officer has completed the in-service sex 
offender supervision training. 
    Sec. 2.  [242.195] [JUVENILE SEX OFFENDERS.] 
    Subdivision 1.  [TREATMENT PROGRAMS.] The commissioner of 
corrections shall provide for a range of sex offender treatment 
programs, including intensive sex offender treatment, for 
juveniles within state juvenile correctional facilities and 
through purchase of service from county and private residential 
and outpatient juvenile sex offender treatment programs.  
    Subd. 2.  [SECURE CONFINEMENT.] If a juvenile sex offender 
committed to the custody of the commissioner is in need of 
secure confinement, the commissioner shall provide for the 
appropriate level of sex offender treatment within a secure 
facility or unit in a state juvenile correctional facility.  
    Subd. 3.  [DISPOSITIONS.] When a juvenile is committed to 
the commissioner of corrections by a juvenile court, upon a 
finding of delinquency for a sex offense, the commissioner may, 
for the purposes of treatment and rehabilitation:  
    (1) order the child confined to a state juvenile 
correctional facility that provides the appropriate level of 
juvenile sex offender treatment; 
    (2) purchase sex offender treatment from a county and place 
the child in the county's qualifying juvenile correctional 
facility; 
    (3) purchase sex offender treatment from a qualifying 
private residential juvenile sex offender treatment program and 
place the child in the program; 
    (4) purchase outpatient juvenile sex offender treatment for 
the child from a qualifying county or private program and order 
the child released on parole under treatment and other 
supervisions and conditions the commissioner believes to be 
appropriate; 
    (5) order reconfinement or renewed parole, revoke or modify 
any order, or discharge the child under the procedures provided 
in section 242.19, subdivision 2, paragraphs (c), (d), and (e); 
or 
    (6) refer the child to a county welfare board or licensed 
child-placing agency for placement in foster care, or when 
appropriate, for initiation of child in need of protection or 
services proceedings under section 242.19, subdivision 2, 
paragraph (f). 
    Subd. 4.  [QUALIFYING FACILITIES; TREATMENT PROGRAMS.] The 
commissioner may not place a juvenile in a correctional facility 
under this section unless the facility has met the requirements 
of section 241.021, subdivision 2.  
    Sec. 3.  Minnesota Statutes 1988, section 244.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REDUCTION OF SENTENCE.] Notwithstanding 
the provisions of section 609.11, subdivision 6, and section 
609.346, subdivision 1, the term of imprisonment of any inmate 
sentenced to a presumptive fixed sentence after May 1, 1980, 
shall be reduced in duration by one day for each two days during 
which the inmate violates none of the disciplinary offense rules 
promulgated by the commissioner.  The reduction shall accrue to 
the period of supervised release to be served by the inmate, 
except that the period of supervised release for a sex offender 
sentenced and conditionally released by the commissioner under 
section 10, subdivision 5, is governed by that provision. 
    Except as otherwise provided in subdivision 2, if an inmate 
violates a disciplinary offense rule promulgated by the 
commissioner, good time earned prior to the violation may not be 
taken away, but the inmate may be required to serve an 
appropriate portion of the term of imprisonment after the 
violation without earning good time. 
    Sec. 4.  Minnesota Statutes 1988, section 244.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SUPERVISED RELEASE REQUIRED.] Except as 
provided in subdivisions 4 and 5, every inmate shall serve a 
supervised release term upon completion of the inmate's term of 
imprisonment as reduced by any good time earned by the inmate or 
extended by confinement in punitive segregation pursuant to 
section 244.04, subdivision 2.  Except for a sex offender 
conditionally released under section 10, subdivision 5, the 
supervised release term shall be equal to the period of good 
time the inmate has earned, and shall not exceed the length of 
time remaining in the inmate's sentence. 
    Sec. 5.  Minnesota Statutes 1988, section 244.05, 
subdivision 3, is amended to read: 
    Subd. 3.  [SANCTIONS FOR VIOLATION.] If an inmate violates 
the conditions of the inmate's supervised release imposed by the 
commissioner, the commissioner may: 
    (1) continue the inmate's supervised release term, with or 
without modifying or enlarging the conditions imposed on the 
inmate; or 
    (2) revoke the inmate's supervised release and reimprison 
the inmate for the appropriate period of time. 
    The period of time for which a supervised release may be 
revoked may not exceed the period of time remaining in the 
inmate's sentence, except that for a sex offender sentenced and 
conditionally released under section 10, subdivision 5, the 
period of time for which conditional release may be revoked may 
not exceed the balance of the original sentence imposed less 
good time earned under section 244.04, subdivision 1. 
    Sec. 6.  Minnesota Statutes 1988, section 260.185, 
subdivision 1, is amended to read: 
    Subdivision 1.  If the court finds that the child is 
delinquent, it shall enter an order making any of the following 
dispositions of the case which are deemed necessary to the 
rehabilitation of the child: 
    (a) Counsel the child or the parents, guardian, or 
custodian; 
    (b) Place the child under the supervision of a probation 
officer or other suitable person in the child's own home under 
conditions prescribed by the court including reasonable rules 
for conduct and the conduct of the child's parents, guardian, or 
custodian, designed for the physical, mental, and moral 
well-being and behavior of the child, or with the consent of the 
commissioner of corrections, in a group foster care facility 
which is under the management and supervision of said 
commissioner; 
    (c) Subject to the supervision of the court, transfer legal 
custody of the child to one of the following: 
    (1) A child placing agency; or 
    (2) The county welfare board; or 
    (3) A reputable individual of good moral character.  No 
person may receive custody of two or more unrelated children 
unless licensed as a residential facility pursuant to sections 
245.781 to 245.812; or 
    (4) Except for children found to be delinquent as defined 
in section 260.015, subdivision 5, clauses (c) and (d), A county 
home school, if the county maintains a home school or enters 
into an agreement with a county home school; or 
    (5) A county probation officer for placement in a group 
foster home established under the direction of the juvenile 
court and licensed pursuant to section 241.021; 
    (d) Except for children found to be delinquent as defined 
in section 260.015, subdivision 5, clauses (c) and (d), Transfer 
legal custody by commitment to the commissioner of corrections; 
    (e) If the child is found to have violated a state or local 
law or ordinance which has resulted in damage to the property of 
another, the court may order the child to make reasonable 
restitution for such damage; 
    (f) Require the child to pay a fine of up to $700; the 
court shall order payment of the fine in accordance with a time 
payment schedule which shall not impose an undue financial 
hardship on the child; 
     (g) If the child is in need of special treatment and care 
for reasons of physical or mental health, the court may order 
the child's parent, guardian, or custodian to provide it.  If 
the parent, guardian, or custodian fails to provide this 
treatment or care, the court may order it provided; 
     (h) If the court believes that it is in the best interests 
of the child and of public safety that the driver's license of 
the child be canceled until the child's 18th birthday, the court 
may recommend to the commissioner of public safety the 
cancellation of the child's license for any period up to the 
child's 18th birthday, and the commissioner is hereby authorized 
to cancel such license without a hearing.  At any time before 
the termination of the period of cancellation, the court may, 
for good cause, recommend to the commissioner of public safety 
that the child be authorized to apply for a new license, and the 
commissioner may so authorize. 
    If the child is petitioned and found by the court to have 
committed or attempted to commit an act in violation of section 
609.342, 609.343, 609.344, or 609.345, the court shall order an 
independent professional assessment of the child's need for sex 
offender treatment.  An assessor providing an assessment for the 
court may not have any direct or shared financial interest or 
referral relationship resulting in shared financial gain with a 
treatment provider.  If the assessment indicates that the child 
is in need of and amenable to sex offender treatment, the court 
shall include in its disposition order a requirement that the 
child undergo treatment. 
    Any order for a disposition authorized under this section 
shall contain written findings of fact to support the 
disposition ordered, and shall also set forth in writing the 
following information: 
    (a) Why the best interests of the child are served by the 
disposition ordered; and 
    (b) What alternative dispositions were considered by the 
court and why such dispositions were not appropriate in the 
instant case. 
    This subdivision applies to dispositions of juveniles found 
to be delinquent as defined in section 260.015, subdivision 5, 
clause (c) or (d)  made prior to, on, or after January 1, 1978. 
    Sec. 7.  [299C.155] [STANDARDIZED EVIDENCE COLLECTION; DNA 
ANALYSIS DATA AND RECORDS.] 
    Subdivision 1.  [DEFINITION.] As used in this section, "DNA 
analysis" means the process through which deoxyribonucleic acid 
(DNA) in a human biological specimen is analyzed and compared 
with DNA from another human biological specimen for 
identification purposes. 
    Subd. 2.  [UNIFORM EVIDENCE COLLECTION.] The bureau shall 
develop uniform procedures and protocols for collecting evidence 
in cases of alleged or suspected criminal sexual conduct, 
including procedures and protocols for the collection and 
preservation of human biological specimens for DNA analysis.  
Law enforcement agencies and medical personnel who conduct 
evidentiary exams shall use the uniform procedures and protocols 
in their investigation of criminal sexual conduct offenses. 
    Subd. 3.  [DNA ANALYSIS AND DATA BANK.] The bureau shall 
adopt uniform procedures and protocols to maintain, preserve, 
and analyze human biological specimens for DNA.  The bureau 
shall establish a centralized system to cross-reference data 
obtained from DNA analysis. 
    Subd. 4.  [RECORDS.] The bureau shall perform DNA analysis 
and make data obtained available to law enforcement officials in 
connection with criminal investigations in which human 
biological specimens have been recovered.  Upon request, the 
bureau shall also make the data available to the prosecutor and 
the subject of the data in any subsequent criminal prosecution 
of the subject. 
    Sec. 8.  Minnesota Statutes 1988, section 526.10, is 
amended to read: 
    526.10 [LAWS RELATING TO MENTALLY ILL PERSONS DANGEROUS TO 
THE PUBLIC TO APPLY TO PSYCHOPATHIC PERSONALITIES; TRANSFER TO 
CORRECTIONS.] 
    Subdivision 1.  [PROCEDURE.] Except as otherwise 
provided herein in this section or in chapter 253B, the 
provisions of chapter 253B, pertaining to persons mentally ill 
and dangerous to the public shall apply with like force and 
effect to persons having a psychopathic personality, to persons 
alleged to have such personality, and to persons found to have 
such personality, respectively.  Before such proceedings are 
instituted, the facts shall first be submitted to the county 
attorney, who, if satisfied that good cause exists therefor, 
shall prepare the petition to be executed by a person having 
knowledge of the facts and file the same with the judge of the 
probate court of the county in which the "patient," as defined 
in such statutes, has a settlement or is present.  The judge of 
probate shall thereupon follow the same procedures set forth in 
chapter 253B, for judicial commitment.  The judge may exclude 
the general public from attendance at such hearing.  If, upon 
completion of the hearing and consideration of the record, the 
court finds the proposed patient has a psychopathic personality, 
the court shall commit such person to a public hospital or a 
private hospital consenting to receive the person, subject to a 
mandatory review by the head of the hospital within 60 days from 
the date of the order as provided for in chapter 253B for 
persons found to be mentally ill and dangerous to the public.  
The patient shall thereupon be entitled to all of the rights 
provided for in chapter 253B, for persons found to be mentally 
ill and dangerous to the public, and all of the procedures 
provided for in chapter 253B, for persons found to be mentally 
ill and dangerous to the public shall apply to such 
patient except as otherwise provided in subdivision 2. 
    Subd. 2.  [TRANSFER TO CORRECTIONAL FACILITY.] Unless the 
provisions of section 9 apply, if a person has been committed 
under this section and also has been committed to the custody of 
the commissioner of corrections, the person may be transferred 
from a hospital to another facility designated by the 
commissioner of corrections as provided in section 253B.18; 
except that the special review board and the commissioner of 
human services may consider the following factors in lieu of the 
factors listed in section 253B.18, subdivision 6, to determine 
whether a transfer to the commissioner of corrections is 
appropriate: 
     (1) the person's unamenability to treatment; 
     (2) the person's unwillingness or failure to follow 
treatment recommendations; 
     (3) the person's lack of progress in treatment at the 
public or private hospital; 
    (4) the danger posed by the person to other patients or 
staff at the public or private hospital; and 
    (5) the degree of security necessary to protect the public. 
    Sec. 9.  [609.1351] [PETITION FOR CIVIL COMMITMENT.] 
    When a court sentences a person under section 10, 609.342, 
609.343, 609.344, or 609.345, the court shall make a preliminary 
determination whether in the court's opinion a petition under 
section 526.10 may be appropriate.  If the court determines that 
a petition may be appropriate, the court shall forward its 
preliminary determination along with supporting documentation to 
the county attorney.  If the person is subsequently committed 
under section 526.10, the person shall serve the sentence in a 
facility designated by the commissioner of corrections.  After 
the person has served the sentence the person shall be 
transferred to a facility designated by the commissioner of 
human services. 
    Sec. 10.  [609.1352] [PATTERNED SEX OFFENDERS; SPECIAL 
SENTENCING PROVISION.] 
    Subdivision 1.  [SENTENCING AUTHORITY.] A court may 
sentence a person to a term of imprisonment of not less than 
double the presumptive sentence under the sentencing guidelines 
and not more than the statutory maximum, or if the statutory 
maximum is less than double the presumptive sentence, to a term 
of imprisonment equal to the statutory maximum, if: 
    (1) the court is imposing an executed sentence, based on a 
sentencing guidelines presumptive imprisonment sentence or a 
dispositional departure for aggravating circumstances or a 
mandatory minimum sentence, on a person convicted of committing 
or attempting to commit a violation of section 609.342, 609.343, 
609.344, or 609.345, or on a person convicted of committing or 
attempting to commit any other crime listed in subdivision 2 if 
it reasonably appears to the court that the crime was motivated 
by the offender's sexual impulses or was part of a predatory 
pattern of behavior that had criminal sexual conduct as its 
goal; 
    (2) the court finds that the offender is a danger to public 
safety; and 
    (3) the court finds that the offender needs long-term 
treatment or supervision beyond the presumptive term of 
imprisonment and supervised release.  The finding must be based 
on a professional assessment by an examiner experienced in 
evaluating sex offenders that concludes that the offender is a 
patterned sex offender.  The assessment must contain the facts 
upon which the conclusion is based, with reference to the 
offense history of the offender or the severity of the current 
offense, the social history of the offender, and the results of 
an examination of the offender's mental status.  The conclusion 
may not be based on testing alone.  A patterned sex offender is 
one whose criminal sexual behavior is so engrained that the risk 
of reoffending is great without intensive psychotherapeutic 
intervention or other long-term controls. 
    Subd. 2.  [PREDATORY CRIME.] A predatory crime is a felony 
violation of section 609.185, 609.19, 609.195, 609.20, 609.205, 
609.221, 609.222, 609.223, 609.24, 609.245, 609.25, 609.255, 
609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 609.561, 
or 609.582, subdivision 1. 
    Subd. 3.  [DANGER TO PUBLIC SAFETY.] The court shall base 
its finding that the offender is a danger to public safety on 
either of the following factors: 
    (1) the crime involved an aggravating factor that would 
justify a durational departure from the presumptive sentence 
under the sentencing guidelines; or 
    (2) the offender previously committed or attempted to 
commit a predatory crime or a violation of section 609.224, 
including an offense committed as a juvenile that would have 
been a predatory crime or a violation of section 609.224 if 
committed by an adult. 
    Subd. 4.  [DEPARTURE FROM GUIDELINES.] A sentence imposed 
under subdivision 1 is a departure from the sentencing 
guidelines. 
    Subd. 5.  [CONDITIONAL RELEASE.] At the time of sentencing 
under subdivision 1, the court may provide that after the 
offender has completed one-half of the full pronounced sentence 
imposed, without regard to good time, the commissioner of 
corrections may place the offender on conditional release for 
the remainder of the statutory maximum period or for ten years, 
whichever is longer, if the commissioner finds that: 
    (1) the offender is amenable to treatment and has made 
sufficient progress in a sex offender treatment program 
available in prison to be released to a sex offender treatment 
program operated by the department of human services or a 
community sex offender treatment and reentry program; and 
    (2) the offender has been accepted in a program approved by 
the commissioner that provides treatment, aftercare, and phased 
reentry into the community. 
    The conditions of release must include successful 
completion of treatment and aftercare in a program approved by 
the commissioner and any other conditions the commissioner 
considers appropriate.  Before the offender is released, the 
commissioner shall notify the sentencing court, the prosecutor 
in the jurisdiction where the offender was sentenced and the 
victim of the offender's crime, where available, of the terms of 
the offender's conditional release.  Release may be revoked and 
the stayed sentence executed in its entirety less good time if 
the offender fails to meet any condition of release.  The 
commissioner shall not dismiss the offender from supervision 
before the sentence expires. 
     Conditional release granted under this subdivision is 
governed by provisions relating to supervised release, except as 
otherwise provided in this subdivision, section 244.04, 
subdivision 1, or 244.05. 
    Subd. 6.  [COMMISSIONER OF CORRECTIONS.] The commissioner 
shall pay the cost of treatment of a person released under 
subdivision 5.  This section does not require the commissioner 
to accept or retain an offender in a treatment program. 
    Sec. 11.  Minnesota Statutes 1988, section 609.341, 
subdivision 11, is amended to read: 
    Subd. 11.  (a) "Sexual contact," for the purposes of 
sections 609.343, subdivision 1, clauses (a) to (f), and 
609.345, subdivision 1, clauses (a) to (e), and (h) to (j) (k), 
includes any of the following acts committed without the 
complainant's consent, except in those cases where consent is 
not a defense, and committed with sexual or aggressive intent: 
    (i) the intentional touching by the actor of the 
complainant's intimate parts, or 
    (ii) the touching by the complainant of the actor's, the 
complainant's, or another's intimate parts effected by coercion 
or the use of a position of authority, or by inducement if the 
complainant is under 13 years of age or mentally impaired, or 
    (iii) the touching by another of the complainant's intimate 
parts effected by coercion or the use of a position of 
authority, or 
    (iv) in any of the cases above, the touching of the 
clothing covering the immediate area of the intimate parts. 
    (b) "Sexual contact," for the purposes of sections 609.343, 
subdivision 1, clauses (g) and (h), and 609.345, subdivision 1, 
clauses (f) and (g), includes any of the following acts 
committed with sexual or aggressive intent: 
    (i) the intentional touching by the actor of the 
complainant's intimate parts; 
    (ii) the touching by the complainant of the actor's, the 
complainant's, or another's intimate parts; 
    (iii) the touching by another of the complainant's intimate 
parts; or 
    (iv) in any of the cases listed above, touching of the 
clothing covering the immediate area of the intimate parts. 
    Sec. 12.  Minnesota Statutes 1988, section 609.342, 
subdivision 2, is amended to read: 
    Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
may be sentenced to imprisonment for not more than 20 25 years 
or to a payment of a fine of not more than $35,000 $40,000, or 
both. 
    Sec. 13.  Minnesota Statutes 1988, section 609.343, 
subdivision 2, is amended to read: 
    Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
may be sentenced to imprisonment for not more than 15 20 years 
or to a payment of a fine of not more than $30,000 $35,000, or 
both. 
    Sec. 14.  Minnesota Statutes 1988, section 609.344, 
subdivision 2, is amended to read: 
    Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
may be sentenced to imprisonment for not more than ten 15 years 
or to a payment of a fine of not more than $20,000 $30,000, or 
both. 
    Sec. 15.  Minnesota Statutes 1988, section 609.345, 
subdivision 2, is amended to read: 
    Subd. 2.  [PENALTY.] A person convicted under subdivision 1 
may be sentenced to imprisonment for not more than five ten 
years or to a payment of a fine of not more 
than $10,000 $20,000, or both. 
    Sec. 16.  [609.3461] [DNA ANALYSIS OF SEX OFFENDERS 
REQUIRED.] 
    When a court sentences a person convicted of violating or 
attempting to violate section 609.342, 609.343, 609.344, or 
609.345, or the juvenile court adjudicates a person a delinquent 
child for violating or attempting to violate section 609.342, 
609.343, 609.344, or 609.345, it shall order the person to 
provide a biological specimen for the purpose of DNA analysis as 
defined in section 7.  The biological specimen or the results of 
the analysis shall be maintained by the bureau of criminal 
apprehension as provided in section 7.  If a person convicted of 
violating or attempting to violate section 609.342, 609.343, 
609.344, or 609.345, and committed to the custody of the 
commissioner of corrections for a term of imprisonment has not 
provided a biological specimen for the purpose of DNA analysis, 
the commissioner of corrections or local corrections authority 
shall order the person to provide a biological specimen for the 
purpose of DNA analysis before completion of the person's term 
of imprisonment.  The commissioner of corrections or local 
corrections authority shall forward the sample to the bureau of 
criminal apprehension. 
    Sec. 17.  Minnesota Statutes 1988, section 628.26, is 
amended to read: 
    628.26 [LIMITATIONS.] 
    (a) Indictments or complaints for murder may be found or 
made at any time after the death of the person killed.  
    (b) Indictments or complaints for violation of section 
609.42, subdivision 1, clause (1) or (2), shall be found or made 
and filed in the proper court within six years after the 
commission of the offense.  
    (c) Indictments or complaints for violation of sections 
609.342 to 609.345 if the victim was under the age of 18 years 
at the time the offense was committed, shall be found or made 
and filed in the proper court within seven years after the 
commission of the offense or, if the victim failed to report the 
offense within this limitation period, within two years after 
the offense was reported to law enforcement authorities, but in 
no event may an indictment or complaint be found or made after 
the victim attains the age of 25 years.  
    (d) Indictments or complaints for violation of sections 
609.466 and 609.52, subdivision 2, clause (3)(c) 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 section 
609.52, subdivision 2, clause (3), items (a) and (b), (4), (15), 
or (16), 609.631, or 609.821, where the value of the property or 
services stolen is more than $35,000, shall be found or made and 
filed in the proper court within five years after the commission 
of the offense. 
    (f) 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.  
    (g) 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; but the time during which 
the defendant shall not be an inhabitant of, or usually resident 
within, this state, shall not constitute any part of the 
limitations imposed by this section. 
    Sec. 18.  [634.25] [ADMISSIBILITY OF RESULTS OF DNA 
ANALYSIS.] 
    In a civil or criminal trial or hearing, the results of DNA 
analysis, as defined in section 10, are admissible in evidence 
without antecedent expert testimony that DNA analysis provides a 
trustworthy and reliable method of identifying characteristics 
in an individual's genetic material upon a showing that the 
offered testimony meets the standards for admissibility set 
forth in the Rules of Evidence.  
    Sec. 19.  [634.26] [STATISTICAL PROBABILITY EVIDENCE.] 
    In a civil or criminal trial or hearing, statistical 
population frequency evidence, based on genetic or blood test 
results, is admissible to demonstrate the fraction of the 
population that would have the same combination of genetic 
markers as was found in a specific human biological specimen.  
"Genetic marker" means the various blood types or DNA types that 
an individual may possess. 
    Sec. 20.  [CHILD PROTECTION SYSTEM STUDY COMMISSION.] 
    Subdivision 1.  [MEMBERSHIP.] A child protection system 
study commission is created consisting of five members of the 
house of representatives appointed by the speaker of the house 
and five members of the senate appointed by the senate 
subcommittee on subcommittees.  The commission shall select from 
its membership a chair or co-chairs and other officers it 
considers necessary. 
    Subd. 2.  [STUDIES.] The commission shall study: 
    (1) the current structure and operation of the child 
protection system at the state and county level; 
    (2) the current operation of the child abuse reporting act, 
including whether the reporting act should be expanded to 
mandate reports of emotional harm and threatened harm, and 
whether its definitions of physical and sexual abuse should be 
expanded to include threatened harm; 
    (3) the ways in which the child protection system can 
provide more effective intervention and prevention services for 
sexually aggressive and sexually abused children; and 
    (4) other ways in which the child protection system and the 
child abuse reporting act can be improved. 
    Subd. 3.  [REPORT.] The commission shall report to the 
legislature on its findings and recommendations not later than 
February 15, 1990, and ceases to function after that date. 
    Subd. 4.  [COMPENSATION.] Members of the commission must be 
compensated in the same manner as for other legislative meetings.
    Sec. 21.  [EVALUATION OF SEX OFFENDER TREATMENT FUNDING.] 
    Subdivision 1.  [EVALUATION.] The commissioner of 
corrections and the commissioner of human services shall 
evaluate funding mechanisms for existing sex offender treatment 
programs.  The commissioners must evaluate the funding of sex 
offender treatment programs for adults and juveniles and make 
findings concerning: 
    (1) the extent to which sex offender treatment programs are 
used on a statewide basis; and 
    (2) the effectiveness and adequacy of existing funding 
mechanisms. 
    Subd. 2.  [PILOT PROGRAM EVALUATION.] The commissioner of 
corrections and the commissioner of human services shall 
evaluate the pilot programs designated under section 1, 
subdivision 5, and include an analysis of the programs in the 
report required under this section.  
    Subd. 3.  [REPORT.] The commissioner of corrections and the 
commissioner of human services shall report to the legislature 
by January 1, 1991, their findings and recommendations to 
improve funding equity and statewide availability of treatment 
programs, including recommendations to increase funding. 
     Sec. 22.  [EFFECTIVE DATE.] 
    Sections 1, 2, 7 to 9, 11, 18, and 19 are effective August 
1, 1989.  Sections 3 to 6, 10, and 12 to 15 are effective August 
1, 1989 and apply to offenses committed on or after that date, 
but a court may consider acts committed before the effective 
date in determining whether an offender is a danger to public 
safety under section 10, subdivision 3.  Section 17 is effective 
August 1, 1989, 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, 
1989.  Section 16 is effective January 1, 1990, and applies to 
persons sentenced or released from incarceration on or after 
that date. 

                               ARTICLE 5 

           PRENATAL EXPOSURE TO CERTAIN CONTROLLED SUBSTANCES 
    Section 1.  [121.883] [PROGRAM FOR PUBLIC EDUCATION 
REGARDING THE EFFECTS OF CONTROLLED SUBSTANCE AND ALCOHOL USE 
DURING PREGNANCY.] 
    Subdivision 1.  [PUBLIC EDUCATION REGARDING THE EFFECTS OF 
CONTROLLED SUBSTANCE AND ALCOHOL USE DURING PREGNANCY.] The 
commissioner of education, in consultation with the commissioner 
of health, shall assist school districts in developing and 
implementing programs to prevent and reduce the risk of harm to 
unborn children exposed to controlled substance and alcohol use 
by their mother during pregnancy.  Each district program must, 
at a minimum: 
    (1) use planning materials, guidelines, and other 
technically accurate and updated information; 
    (2) maintain a comprehensive, technically accurate, and 
updated curriculum; 
    (3) be directed at adolescents, especially those who may be 
at high risk of pregnancy coupled with controlled substance or 
alcohol use; 
    (4) provide in-service training for appropriate district 
staff; and 
    (5) collaborate with appropriate state and local agencies 
and organizations. 
    Sec. 2.  Minnesota Statutes 1988, section 253B.02, 
subdivision 2, is amended to read:  
    Subd. 2.  [CHEMICALLY DEPENDENT PERSON.] "Chemically 
dependent person" means any person (a) determined as being 
incapable of self-management or management of personal affairs 
by reason of the habitual and excessive use of alcohol or drugs; 
and (b) whose recent conduct as a result of habitual and 
excessive use of alcohol or drugs poses a substantial likelihood 
of physical harm to self or others as demonstrated by (i) a 
recent attempt or threat to physically harm self or others, (ii) 
evidence of recent serious physical problems, or (iii) a failure 
to obtain necessary food, clothing, shelter, or medical care.  
"Chemically dependent person" also means a pregnant woman who 
has engaged during the pregnancy in habitual or excessive use, 
for a nonmedical purpose, of any of the following controlled 
substances or their derivatives:  cocaine, heroin, 
phencyclidine, methamphetamine, or amphetamine. 
    Sec. 3.  Minnesota Statutes 1988, section 253B.02, 
subdivision 10, is amended to read:  
    Subd. 10.  [INTERESTED PERSON.] "Interested person" means 
an adult, including but not limited to, a public official, 
including a local welfare agency acting under section 5, and the 
legal guardian, spouse, parent, legal counsel, adult child, next 
of kin, or other person designated by a proposed patient.  
    Sec. 4.  Minnesota Statutes 1988, section 626.556, 
subdivision 2, is amended to read:  
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms have the meanings given them unless the specific 
content indicates otherwise: 
    (a) "Sexual abuse" means the subjection by a person 
responsible for the child's care, or by a person in a position 
of authority, as defined in section 609.341, subdivision 10, to 
any act which constitutes a violation of section 609.342, 
609.343, 609.344, or 609.345.  Sexual abuse also includes any 
act which involves a minor which constitutes a violation of 
sections 609.321 to 609.324 or 617.246.  
    (b) "Person responsible for the child's care" means (1) an 
individual functioning within the family unit and having 
responsibilities for the care of the child such as a parent, 
guardian, or other person having similar care responsibilities, 
or (2) an individual functioning outside the family unit and 
having responsibilities for the care of the child such as a 
teacher, school administrator, or other lawful custodian of a 
child having either full-time or short-term care 
responsibilities including, but not limited to, day care, 
babysitting whether paid or unpaid, counseling, teaching, and 
coaching.  
    (c) "Neglect" means failure by a person responsible for a 
child's care to supply a child with necessary food, clothing, 
shelter or medical care when reasonably able to do so or failure 
to protect a child from conditions or actions which imminently 
and seriously endanger the child's physical or mental health 
when reasonably able to do so.  Nothing in this section shall be 
construed to (1) mean that a child is neglected solely because 
the child's parent, guardian, or other person responsible for 
the child's care in good faith selects and depends upon 
spiritual means or prayer for treatment or care of disease or 
remedial care of the child, or (2) impose upon persons, not 
otherwise legally responsible for providing a child with 
necessary food, clothing, shelter, or medical care, a duty to 
provide that care.  "Neglect" includes prenatal exposure to a 
controlled substance, as defined in section 5, used by the 
mother for a nonmedical purpose, as evidenced by withdrawal 
symptoms in the child at birth, results of a toxicology test 
performed on the mother at delivery or the child at birth, or 
medical effects or developmental delays during the child's first 
year of life that medically indicate prenatal exposure to a 
controlled substance.  Neglect also means "medical neglect" as 
defined in section 260.015, subdivision 10 2a, clause (e) (5). 
    (d) "Physical abuse" means any physical injury inflicted by 
a person responsible for the child's care on a child other than 
by accidental means, or any physical injury that cannot 
reasonably be explained by the child's history of injuries, or 
any aversive and deprivation procedures that have not been 
authorized under section 245.825.  
    (e) "Report" means any report received by the local welfare 
agency, police department, or county sheriff pursuant to this 
section. 
    (f) "Facility" means a day care facility, residential 
facility, agency, hospital, sanitarium, or other facility or 
institution required to be licensed pursuant to sections 144.50 
to 144.58, 241.021, or 245.781 to 245.812.  
    (g) "Operator" means an operator or agency as defined in 
section 245A.02.  
    (h) "Commissioner" means the commissioner of human services.
    (i) "Assessment" includes authority to interview the child, 
the person or persons responsible for the child's care, the 
alleged perpetrator, and any other person with knowledge of the 
abuse or neglect for the purpose of gathering the facts, 
assessing the risk to the child, and formulating a plan.  
    (j) "Practice of social services," for the purposes of 
subdivision 3, includes but is not limited to employee 
assistance counseling and the provision of guardian ad litem 
services.  
    Sec. 5.  [626.5561] [REPORTING OF PRENATAL EXPOSURE TO 
CONTROLLED SUBSTANCES.] 
    Subdivision 1.  [REPORTS REQUIRED.] A person mandated to 
report under section 626.556, subdivision 3, shall immediately 
report to the local welfare agency if the person knows or has 
reason to believe that a woman is pregnant and has used a 
controlled substance for a nonmedical purpose during the 
pregnancy.  Any person may make a voluntary report if the person 
knows or has reason to believe that a woman is pregnant and has 
used a controlled substance for a nonmedical purpose during the 
pregnancy.  
    Subd. 2.  [LOCAL WELFARE AGENCY.] If the report alleges a 
pregnant woman's use of a controlled substance for a nonmedical 
purpose, the local welfare agency shall immediately conduct an 
appropriate assessment and offer services indicated under the 
circumstances.  Services offered may include, but are not 
limited to, a referral for chemical dependency assessment, a 
referral for chemical dependency treatment if recommended, and a 
referral for prenatal care.  The local welfare agency may also 
take any appropriate action under chapter 253B, including 
seeking an emergency admission under section 253B.05.  The local 
welfare agency shall seek an emergency admission under section 
253B.05 if the pregnant woman refuses recommended voluntary 
services or fails recommended treatment.  
    Subd. 3.  [RELATED PROVISIONS.] Reports under this section 
are governed by section 626.556, subdivisions 4, 4a, 5, 6, 7, 8, 
and 11.  
    Subd. 4.  [CONTROLLED SUBSTANCES.] For purposes of this 
section and section 6, "controlled substance" means a controlled 
substance classified in schedule I, II, or III under chapter 152.
    Sec. 6.  [626.5562] [TOXICOLOGY TESTS REQUIRED.] 
    Subdivision 1.  [TEST; REPORT.] A physician shall 
administer a toxicology test to a pregnant woman under the 
physician's care to determine whether there is evidence that she 
has ingested a controlled substance, if the woman has 
obstetrical complications that are a medical indication of 
possible use of a controlled substance for a nonmedical 
purpose.  If the test results are positive, the physician shall 
report the results under section 5.  A negative test result does 
not eliminate the obligation to report under section 5, if other 
evidence gives the physician reason to believe the patient has 
used a controlled substance for a nonmedical purpose. 
    Subd. 2.  [NEWBORNS.] A physician shall administer to each 
newborn infant born under the physician's care a toxicology test 
to determine whether there is evidence of prenatal exposure to a 
controlled substance, if the physician has reason to believe 
based on a medical assessment of the mother or the infant that 
the mother used a controlled substance for a nonmedical purpose 
prior to the birth.  If the test results are positive, the 
physician shall report the results as neglect under section 
626.556.  A negative test result does not eliminate the 
obligation to report under section 626.556 if other medical 
evidence of prenatal exposure to a controlled substance is 
present. 
    Subd. 3.  [REPORT TO DEPARTMENT OF HEALTH.] Physicians 
shall report to the department of health the results of tests 
performed under subdivisions 1 and 2.  A report shall be made on 
February 1 and August 1 of each year, beginning February 1, 
1990.  The reports are medical data under section 13.42. 
    Subd. 4.  [IMMUNITY FROM LIABILITY.] Any physician or other 
medical personnel administering a toxicology test to determine 
the presence of a controlled substance in a pregnant woman or in 
a child at birth or during the first month of life is immune 
from civil or criminal liability arising from administration of 
the test, if the physician ordering the test believes in good 
faith that the test is required under this section and the test 
is administered in accordance with an established protocol and 
reasonable medical practice. 
    Subd. 5.  [RELIABILITY OF TESTS.] A positive test result 
reported under this section must be obtained from a confirmatory 
test performed by a drug testing laboratory licensed by the 
department of health.  The confirmatory test must meet the 
standards established under section 181.953, subdivision 1, and 
the rules adopted under it. 

                               ARTICLE 6 

                           PENALTY INCREASES 
    Section 1.  Minnesota Statutes 1988, section 169.09, 
subdivision 14, is amended to read: 
    Subd. 14.  [PENALTIES.] (a) The driver of any vehicle who 
violates subdivision 1 or 6 and who caused the accident is 
punishable as follows:  
    (1) if the accident results in the death of any person, the 
driver 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; 
    (2) if the accident results in great bodily harm to any 
person, as defined in section 609.02, subdivision 8, the driver 
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; or 
    (3) if the accident results in substantial bodily harm to 
any person, as defined in section 609.02, subdivision 7a, the 
driver 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.  
    (b) The driver of any vehicle who violates subdivision 1 or 
6 and who did not cause the accident is punishable as follows:  
    (1) if the accident results in the death of any person, the 
driver 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; 
    (2) if the accident results in great bodily harm to any 
person, as defined in section 609.02, subdivision 8, the driver 
is guilty of a felony and may be sentenced to imprisonment for 
not more than one year and one day two years, or to payment of a 
fine of not more than $3,000 $4,000, or both; or 
    (3) if the accident results in substantial bodily harm to 
any person, as defined in section 609.02, subdivision 7a, the 
driver 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.  
    (c) The driver of any vehicle involved in an accident not 
resulting in substantial bodily harm or death who violates 
subdivision 1 or 6 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.  
    (d) Any person who violates subdivision 3, clause (b) is 
guilty of a petty misdemeanor.  
    (e) Any person who violates subdivision 2, 3, clause (a), 
4, 5, 7, 8, 10, 11, or 12 is guilty of a misdemeanor. 
    The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section shall also be responsible for 
prosecution of gross misdemeanor violations of this section. 
    Sec. 2.  Minnesota Statutes 1988, section 297D.09, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [CRIMINAL PENALTY; SALE WITHOUT AFFIXED STAMPS.] 
In addition to the tax penalty imposed, a dealer distributing or 
possessing marijuana or controlled substances without affixing 
the appropriate stamps, labels, or other indicia is guilty of a 
crime and, upon conviction, may be sentenced to imprisonment for 
not more than five seven years or to payment of a fine of not 
more than $10,000 $14,000, or both. 
    Sec. 3.  Minnesota Statutes 1988, section 299F.80, 
subdivision 1, is amended to read: 
    Subdivision 1.  Except as provided in subdivision 2, 
whoever possesses explosives without a valid license or permit 
may be sentenced to imprisonment for not more than three five 
years.  
    Sec. 4.  Minnesota Statutes 1988, section 325D.56, 
subdivision 2, is amended to read: 
    Subd. 2.  Any person who is found to have willfully 
committed any of the acts enumerated in section 325D.53 shall be 
guilty of a felony and subject to a fine of not more than 
$50,000 or imprisonment in the state penitentiary for not more 
than five seven years, or both. 
    Sec. 5.  Minnesota Statutes 1988, section 609.205, is 
amended to read: 
    609.205 [MANSLAUGHTER IN THE SECOND DEGREE.] 
    A person who causes the death of another by any of the 
following means is guilty of manslaughter in the second degree 
and may be sentenced to imprisonment for not more than seven ten 
years or to payment of a fine of not more than $14,000 $20,000, 
or both: 
    (1) by the person's culpable negligence whereby the person 
creates an unreasonable risk, and consciously takes chances of 
causing death or great bodily harm to another; or 
    (2) by shooting another with a firearm or other dangerous 
weapon as a result of negligently believing the other to be a 
deer or other animal; or 
    (3) by setting a spring gun, pit fall, deadfall, snare, or 
other like dangerous weapon or device; or 
    (4) by negligently or intentionally permitting any animal, 
known by the person to have vicious propensities or to have 
caused great or substantial bodily harm in the past, to run 
uncontrolled off the owner's premises, or negligently failing to 
keep it properly confined.  
    If proven by a preponderance of the evidence, it shall be 
an affirmative defense to criminal liability under clause (4) 
that the victim provoked the animal to cause the victim's death. 
     Sec. 6.  Minnesota Statutes 1988, section 609.21, 
subdivision 1, is amended to read: 
    Subdivision 1.  [RESULTING IN DEATH.] Whoever causes the 
death of a human being not constituting murder or manslaughter 
as a result of operating a vehicle as defined in section 169.01, 
subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more, 
is guilty of criminal vehicular operation resulting in death and 
may be sentenced to imprisonment for not more than five ten 
years or to payment of a fine of not more than $10,000 $20,000, 
or both.  
    Sec. 7.  Minnesota Statutes 1988, section 609.21, 
subdivision 2, is amended to read: 
    Subd. 2.  [RESULTING IN INJURY.] Whoever causes great 
bodily harm to another, as defined in section 609.02, 
subdivision 8, not constituting attempted murder or assault as a 
result of operating a vehicle defined in section 169.01, 
subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more, 
is guilty of criminal vehicular operation resulting in injury 
and may be sentenced to imprisonment for not more than three 
five years or the payment of a fine of not more than 
$5,000 $10,000, or both. 
    Sec. 8.  Minnesota Statutes 1988, section 609.221, is 
amended to read: 
    609.221 [ASSAULT IN THE FIRST DEGREE.] 
    Whoever assaults another and inflicts great bodily harm may 
be sentenced to imprisonment for not more than ten 20 years or 
to payment of a fine of not more than $20,000 $30,000, or both.  
    Sec. 9.  Minnesota Statutes 1988, section 609.222, is 
amended to read: 
    609.222 [ASSAULT IN THE SECOND DEGREE.] 
    Whoever assaults another with a dangerous weapon may be 
sentenced to imprisonment for not more than five seven years or 
to payment of a fine of not more than $10,000 $14,000, or both.  
    Sec. 10.  Minnesota Statutes 1988, section 609.223, is 
amended to read: 
    609.223 [ASSAULT IN THE THIRD DEGREE.] 
    Whoever assaults another and inflicts substantial bodily 
harm may be sentenced to imprisonment for not more than three 
five years or to payment of a fine of not more than 
$5,000 $10,000, or both.  
    Sec. 11.  Minnesota Statutes 1988, section 609.2231, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PEACE OFFICERS.] Whoever assaults a peace 
officer licensed under section 626.845, subdivision 1, when that 
officer is effecting a lawful arrest or executing any other duty 
imposed by law and inflicts demonstrable bodily harm is guilty 
of a felony and may be sentenced to imprisonment for not more 
than one year and a day two years or to payment of a fine of not 
more than $3,000 $4,000, or both. 
    Sec. 12.  Minnesota Statutes 1988, section 609.255, 
subdivision 3, is amended to read: 
    Subd. 3.  [UNREASONABLE RESTRAINT OF CHILDREN.] A parent, 
legal guardian, or caretaker who intentionally subjects a child 
under the age of 18 years to unreasonable physical confinement 
or restraint by means including but not limited to, tying, 
locking, caging, or chaining for a prolonged period of time and 
in a cruel manner which is excessive under the circumstances, is 
guilty of unreasonable restraint of a child 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 confinement or 
restraint results in substantial bodily harm, that person may be 
sentenced to imprisonment for not more than three five years or 
to payment of not more than $5,000 $10,000, or both.  
    Sec. 13.  Minnesota Statutes 1988, section 609.2665, is 
amended to read: 
    609.2665 [MANSLAUGHTER OF AN UNBORN CHILD IN THE SECOND 
DEGREE.] 
    A person who causes the death of an unborn child by any of 
the following means is guilty of manslaughter of an unborn child 
in the second degree and may be sentenced to imprisonment for 
not more than seven ten years or to payment of a fine of not 
more than $14,000 $20,000, or both: 
    (1) by the actor's culpable negligence whereby the actor 
creates an unreasonable risk and consciously takes chances of 
causing death or great bodily harm to an unborn child or a 
person; 
    (2) by shooting the mother of the unborn child with a 
firearm or other dangerous weapon as a result of negligently 
believing her to be a deer or other animal; 
    (3) by setting a spring gun, pit fall, deadfall, snare, or 
other like dangerous weapon or device; or 
    (4) by negligently or intentionally permitting any animal, 
known by the person to have vicious propensities or to have 
caused great or substantial bodily harm in the past, to run 
uncontrolled off the owner's premises, or negligently failing to 
keep it properly confined. 
    If proven by a preponderance of the evidence, it shall be 
an affirmative defense to criminal liability under clause (4) 
that the mother of the unborn child provoked the animal to cause 
the unborn child's death. 
    Sec. 14.  Minnesota Statutes 1988, section 609.267, is 
amended to read: 
    609.267 [ASSAULT OF AN UNBORN CHILD IN THE FIRST DEGREE.] 
    Whoever assaults a pregnant woman and inflicts great bodily 
harm on an unborn child who is subsequently born alive may be 
sentenced to imprisonment for not more than ten 15 years or to 
payment of a fine of not more than $20,000 $30,000, or both.  
    Sec. 15.  Minnesota Statutes 1988, section 609.323, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whoever, while acting other than as a 
prostitute or patron, intentionally receives profit, knowing or 
having reason to know that it is derived from the prostitution, 
or the promotion of the prostitution, of an individual under the 
age of 13 years, may be sentenced to imprisonment for not more 
than ten 15 years or to payment of a fine of not more than 
$20,000 $30,000, or both. 
    Sec. 16.  Minnesota Statutes 1988, section 609.377, is 
amended to read: 
    609.377 [MALICIOUS PUNISHMENT OF A CHILD.] 
    A parent, legal guardian, or caretaker who, by an 
intentional act or a series of intentional acts with respect to 
a child, evidences unreasonable force or cruel discipline that 
is excessive under the circumstances is guilty of malicious 
punishment of a child 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 punishment results in substantial 
bodily harm, that person may be sentenced to imprisonment for 
not more than three five years or to payment of a fine of not 
more than $5,000 $10,000, or both.  
    Sec. 17.  Minnesota Statutes 1988, section 609.445, is 
amended to read: 
    609.445 [FAILURE TO PAY OVER STATE FUNDS.] 
    Whoever receives money on behalf of or for the account of 
the state or any of its agencies or subdivisions and 
intentionally refuses or omits to pay the same to the state or 
its agency or subdivision entitled thereto, or to an officer or 
agent authorized to receive the same, may be sentenced to 
imprisonment for not more than three five years or to payment of 
a fine of not more than $5,000 $10,000, or both.  
    Sec. 18.  Minnesota Statutes 1988, section 609.48, 
subdivision 4, is amended to read: 
    Subd. 4.  [SENTENCE.] Whoever violates this section may be 
sentenced as follows: 
    (1) If the false statement was made upon the trial of a 
felony charge, or upon an application for an explosives license 
or use permit, to imprisonment for not more than five seven 
years or to payment of a fine of not more than $10,000 $14,000, 
or both; or 
    (2) In all other cases, to imprisonment for not more than 
three five years or to payment of a fine of not more than 
$5,000 $10,000, or both.  
    Sec. 19.  Minnesota Statutes 1988, section 609.487, 
subdivision 4, is amended to read: 
    Subd. 4.  [FLEEING AN OFFICER; DEATH; BODILY INJURY.] 
Whoever flees or attempts to flee by means of a motor vehicle a 
peace officer who is acting in the lawful discharge of an 
official duty, and the perpetrator knows or should reasonably 
know the same to be a peace officer, and who in the course of 
fleeing causes the death of a human being not constituting 
murder or manslaughter or any bodily injury to any person other 
than the perpetrator may be sentenced to imprisonment as follows:
    (a) If the course of fleeing results in death, to 
imprisonment for not more than ten years or to payment of a fine 
of not more than $20,000, or both; or 
    (b) If the course of fleeing results in great bodily harm, 
to imprisonment for not more than five seven years or to payment 
of a fine of not more than $10,000 $14,000, or both; or 
    (c) If the course of fleeing results in substantial bodily 
harm, to imprisonment for not more than three five years or to 
payment of a fine of not more than $5,000 $10,000, or both.  
    Sec. 20.  Minnesota Statutes 1988, section 609.576, is 
amended to read: 
    609.576 [NEGLIGENT FIRES.] 
    Whoever is culpably negligent in causing a fire to burn or 
get out of control thereby causing damage or injury to another, 
and as a result thereof: 
    (a) a human being is injured and great bodily harm 
incurred, is guilty of a crime and may be sentenced to 
imprisonment of not more than three five years or to a fine of 
not more than $5,000 $10,000, or both; or 
    (b) property of another is injured, thereby, is guilty of a 
crime and may be sentenced as follows: 
    (1) to imprisonment for not more than 90 days or to payment 
of a fine of not more than $700, or both, if the value of the 
property damage is under $300; 
    (2) to imprisonment for not more than one year, or to a 
fine of $3,000 or both, if the value of the property damaged is 
at least $300 but is less than $10,000; 
    (3) to imprisonment for not less than 90 days nor more than 
three years, or to a fine of not more than $5,000, or both, if 
the value of the property damaged is $10,000 or more. 
    Sec. 21.  Minnesota Statutes 1988, section 609.62, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACTS CONSTITUTING.] Whoever, with intent to 
defraud, does any of the following may be sentenced to 
imprisonment for not more than two three years or to payment of 
a fine of not more than $4,000 $6,000, or both: 
    (1) Conceals, removes, or transfers any personal property 
in which the actor knows that another has a security interest; 
or 
    (2) Being an obligor and knowing the location of the 
property refuses to disclose the same to an obligee entitled to 
possession thereof.  
    Sec. 22.  Minnesota Statutes 1988, section 609.86, 
subdivision 3, is amended to read: 
    Subd. 3.  [SENTENCE.] Whoever commits commercial bribery 
may be sentenced as follows:  
    (1) To imprisonment for not more than three five years or 
to payment of a fine of not more than $5,000 $10,000, or both, 
if the value of the benefit, consideration, compensation or 
reward is greater than $500; 
    (2) In all other cases where the value of the benefit, 
consideration, compensation or reward is $500 or less, to 
imprisonment for not more than 90 days or to payment of a fine 
of not more than $700; provided, however, in any prosecution of 
the value of the benefit, consideration, compensation or reward 
received by the defendant 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, or all of the offenses 
aggregated under this clause.  
    Sec. 23.  [EFFECTIVE DATE.] 
    Sections 1 to 22 are effective August 1, 1989, and apply to 
crimes committed on or after that date. 

                               ARTICLE 7 

                   MISCELLANEOUS CRIMINAL PROVISIONS 
    Section 1.  Minnesota Statutes 1988, section 340A.701, is 
amended to read: 
    340A.701 [FELONIES.] 
    Subdivision 1.  [UNLAWFUL ACTS.] It is a felony: 
    (1) to manufacture alcoholic beverages in violation of this 
chapter; 
    (2) to transport or import alcoholic beverages into the 
state in violation of this chapter for purposes of resale; or 
    (3) to sell or give away for beverage purposes poisonous 
alcohol, methyl alcohol, denatured alcohol, denaturing material, 
or any other alcoholic substance capable of causing serious 
physical or mental injuries to a person consuming it.; or 
    (4) for a person other than a licensed retailer of 
alcoholic beverages, a bottle club permit holder, a municipal 
liquor store, or an employee or agent of any of these who is 
acting within the scope of employment, to violate the provisions 
of section 340A.503, subdivision 2, clause (1), by selling 
alcoholic beverages if the underage purchaser of the alcoholic 
beverage becomes intoxicated and causes or suffers death or 
great bodily harm as a result of the intoxication. 
    Subd. 2.  [PRESUMPTIVE SENTENCE.] In determining an 
appropriate disposition for a violation of subdivision 1, clause 
(4), the court shall presume that a stay of execution with a 
90-day period of incarceration as a condition of probation shall 
be imposed unless the defendant's criminal history score 
determined according to the sentencing guidelines indicates a 
presumptive executed sentence, in which case the presumptive 
executed sentence shall be imposed unless the court departs from 
the sentencing guidelines under section 244.10.  A stay of 
imposition of sentence may be granted only if accompanied by a 
statement on the record of the reasons for it. 
    Sec. 2.  Minnesota Statutes 1988, section 340A.702, is 
amended to read: 
    340A.702 [GROSS MISDEMEANORS.] 
    It is a gross misdemeanor:  
    (1) to sell an alcoholic beverage without a license 
authorizing the sale; 
    (2) for a licensee to refuse or neglect to obey a lawful 
direction or order of the commissioner or the commissioner's 
agent, withhold information or a document the commissioner calls 
for examination, obstruct or mislead the commissioner in the 
execution of the commissioner's duties or swear falsely under 
oath; 
    (3) to violate the provisions of sections 340A.301 to 
340A.313; 
    (4) to violate the provisions of section 340A.508; 
    (5) for any person, partnership, or corporation to 
knowingly have or possess direct or indirect interest in more 
than one off-sale intoxicating liquor license in a municipality 
in violation of section 340A.412, subdivision 3; 
    (6) to sell or otherwise dispose of intoxicating liquor 
within 1,000 feet of a state hospital, training school, 
reformatory, prison, or other institution under the supervision 
and control, in whole or in part, of the commissioner of human 
services or the commissioner of corrections; 
    (7) to violate the provisions of section 340A.502; 
    (8) except as otherwise provided in section 340A.701, to 
violate the provisions of section 340A.503, subdivision 2, 
clause (1) or (3); 
    (9) to withhold any information, book, paper, or other 
thing called for by the commissioner for the purpose of an 
examination; 
    (10) to obstruct or mislead the commissioner in the 
execution of the commissioner's duties; or 
    (11) to swear falsely concerning any matter stated under 
oath. 
    Sec. 3.  Minnesota Statutes 1988, section 609.26, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROHIBITED ACTS.] Whoever intentionally 
does any of the following acts may be charged with a felony and, 
upon conviction, may be sentenced as provided in subdivision 6:  
    (1) conceals a minor child from the child's parent where 
the action manifests an intent substantially to deprive that 
parent of parental rights or conceals a minor child from another 
person having the right to visitation or custody where the 
action manifests an intent to substantially deprive that person 
of rights to visitation or custody; 
    (2) takes, obtains, retains, or fails to return a minor 
child in violation of a court order which has transferred legal 
custody under chapter 260 to the commissioner of human services, 
a child placing agency, or the county welfare board; 
    (3) takes, obtains, retains, or fails to return a minor 
child from or to the parent in violation of a court order, where 
the action manifests an intent substantially to deprive that 
parent of rights to visitation or custody; or 
    (4) takes, obtains, retains, or fails to return a minor 
child from or to a parent after commencement of an action 
relating to child visitation or custody but prior to the 
issuance of an order determining custody or visitation rights, 
where the action manifests an intent substantially to deprive 
that parent of parental rights.; or 
    (5) retains a child in this state with the knowledge that 
the child was removed from another state in violation of any of 
the above provisions.  
    Sec. 4.  Minnesota Statutes 1988, section 609.26, 
subdivision 6, is amended to read: 
    Subd. 6.  [PENALTY.] Except as otherwise provided in 
subdivision 5, whoever violates this section may be sentenced to 
imprisonment for not more than two years or to payment of a fine 
of $4,000, or both. as follows: 
    (1) to imprisonment for not more than two years or to 
payment of a fine of not more than $4,000, or both; or 
    (2) to imprisonment for not more than four years or to 
payment of a fine of not more than $8,000, or both, if the court 
finds that: 
    (i) the defendant committed the violation while possessing 
a dangerous weapon or caused substantial bodily harm to effect 
the taking; 
    (ii) the defendant abused or neglected the child during the 
concealment, detention, or removal of the child; 
    (iii) the defendant inflicted or threatened to inflict 
physical harm on a parent or lawful custodian of the child or on 
the child with intent to cause the parent or lawful custodian to 
discontinue criminal prosecution; 
    (iv) the defendant demanded payment in exchange for return 
of the child or demanded to be relieved of the financial or 
legal obligation to support the child in exchange for return of 
the child; or 
    (v) the defendant has previously been convicted under this 
section or a similar statute of another jurisdiction. 
    Sec. 5.  Minnesota Statutes 1988, section 609.52, is 
amended to read: 
    609.52 [THEFT.] 
    Subdivision 1.  [DEFINITIONS.] In this section: 
    (1) "Property" means all forms of tangible property, 
whether real or personal, without limitation including documents 
of value, electricity, gas, water, corpses, domestic animals, 
dogs, pets, fowl, and heat supplied by pipe or conduit by 
municipalities or public utility companies and articles, as 
defined in clause (4), representing trade secrets, which 
articles shall be deemed for the purposes of Extra Session Laws 
1967, chapter 15 to include any trade secret represented by the 
article. 
    (2) "Movable property" is property whose physical location 
can be changed, including without limitation things growing on, 
affixed to or found in land. 
    (3) "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, or in the case of a theft or the making of a 
copy of an article representing a trade secret, where the retail 
market value or replacement cost cannot be ascertained, any 
reasonable value representing the damage to the owner which the 
owner has suffered by reason of losing an advantage over those 
who do not know of or use the trade secret.  For a theft 
committed within the meaning of subdivision 2, clause (5), (a) 
and (b), if the property has been restored to the owner, "value" 
means the value of the use of the property or the damage which 
it sustained, whichever is greater, while the owner was deprived 
of its possession, but not exceeding the value otherwise 
provided herein. 
    (4) "Article" means any object, material, device or 
substance, including any writing, record, recording, drawing, 
sample specimen, prototype, model, photograph, microorganism, 
blueprint or map, or any copy of any of the foregoing. 
    (5) "Representing" means describing, depicting, containing, 
constituting, reflecting or recording. 
    (6) "Trade secret" means information, including a formula, 
pattern, compilation, program, device, method, technique, or 
process, that:  
    (i) derives independent economic value, actual or 
potential, from not being generally known to, and not being 
readily ascertainable by proper means by, other persons who can 
obtain economic value from its disclosure or use, and 
    (ii) is the subject of efforts that are reasonable under 
the circumstances to maintain its secrecy. 
    (7) "Copy" means any facsimile, replica, photograph or 
other reproduction of an article, and any note, drawing, or 
sketch made of or from an article while in the presence of the 
article. 
    (8) "Property of another" includes property in which the 
actor is coowner or has a lien, pledge, bailment, or lease or 
other subordinate interest, and property of a partnership of 
which the actor is a member, unless the actor and the victim are 
husband and wife.  It does not include property in which the 
actor asserts in good faith a claim as a collection fee or 
commission out of property or funds recovered, or by virtue of a 
lien, setoff, or counterclaim.  
    (9) "Services" include but are not limited to labor, 
professional services, transportation services, electronic 
computer services, the supplying of hotel accommodations, 
restaurant services, entertainment services, advertising 
services, telecommunication services, and the supplying of 
equipment for use.  
    (10) "Motor vehicle" means a self-propelled device for 
moving persons or property or pulling implements from one place 
to another, whether the device is operated on land, rails, 
water, or in the air. 
    Subd. 2.  [ACTS CONSTITUTING THEFT.] Whoever does any of 
the following commits theft and may be sentenced as provided in 
subdivision 3: 
    (1) intentionally and without claim of right takes, uses, 
transfers, conceals or retains possession of movable property of 
another without the other's consent and with intent to deprive 
the owner permanently of possession of the property; or 
    (2) having a legal interest in movable property, 
intentionally and without consent, takes the property out of the 
possession of a pledgee or other person having a superior right 
of possession, with intent thereby to deprive the pledgee or 
other person permanently of the possession of the property; or 
    (3) obtains for the actor or another the possession, 
custody or title to property of or performance of services by a 
third person by intentionally deceiving the third person with a 
false representation which is known to be false, made with 
intent to defraud, and which does defraud the person to whom it 
is made.  "False representation" includes without limitation: 
    (a) the issuance of a check, draft, or order for the 
payment of money, except a forged check as defined in section 
609.631, or the delivery of property knowing that the actor is 
not entitled to draw upon the drawee therefor or to order the 
payment or delivery thereof; or 
     (b) a promise made with intent not to perform.  Failure to 
perform is not evidence of intent not to perform unless 
corroborated by other substantial evidence; or 
     (c) the preparation or filing of a claim for reimbursement, 
a rate application, or a cost report used to establish a rate or 
claim for payment for medical care provided to a recipient of 
medical assistance under chapter 256B, which intentionally and 
falsely states the costs of or actual services provided by a 
vendor of medical care; or 
     (4) by swindling, whether by artifice, trick, device, or 
any other means, obtains property or services from another 
person; or 
     (5) intentionally commits any of the acts listed in this 
subdivision but with intent to exercise temporary control only 
and; 
     (a) the control exercised manifests an indifference to the 
rights of the owner or the restoration of the property to the 
owner; or 
     (b) the actor pledges or otherwise attempts to subject the 
property to an adverse claim; or 
     (c) the actor intends to restore the property only on 
condition that the owner pay a reward or buy back or make other 
compensation; or 
     (6) finds lost property and, knowing or having reasonable 
means of ascertaining the true owner, appropriates it to the 
finder's own use or to that of another not entitled thereto 
without first having made reasonable effort to find the owner 
and offer and surrender the property to the owner; or 
     (7) intentionally obtains property or services, offered 
upon the deposit of a sum of money or tokens in a coin or token 
operated machine or other receptacle, without making the 
required deposit or otherwise obtaining the consent of the 
owner; or 
     (8) intentionally and without claim of right converts any 
article representing a trade secret, knowing it to be such, to 
the actor's own use or that of another person or makes a copy of 
an article representing a trade secret, knowing it to be such, 
and intentionally and without claim of right converts the same 
to the actor's own use or that of another person.  It shall be a 
complete defense to any prosecution under this clause for the 
defendant to show that information comprising the trade secret 
was rightfully known or available to the defendant from a source 
other than the owner of the trade secret; or 
     (9) leases or rents personal property under a written 
instrument and who with intent to place the property beyond the 
control of the lessor conceals or aids or abets the concealment 
of the property or any part thereof, or any lessee of the 
property who sells, conveys, or encumbers the property or any 
part thereof without the written consent of the lessor, without 
informing the person to whom the lessee sells, conveys, or 
encumbers that the same is subject to such lease and with intent 
to deprive the lessor of possession thereof.  Evidence that a 
lessee used a false or fictitious name or address in obtaining 
the property or fails or refuses to return the property to 
lessor within five days after written demand for the return has 
been served personally in the manner provided for service of 
process of a civil action or sent by certified mail to the last 
known address of the lessee, whichever shall occur later, shall 
be evidence of intent to violate this clause.  Service by 
certified mail shall be deemed to be complete upon deposit in 
the United States mail of such demand, postpaid and addressed to 
the person at the address for the person set forth in the lease 
or rental agreement, or, in the absence of the address, to the 
person's last known place of residence; or 
     (10) alters, removes, or obliterates numbers or symbols 
placed on movable property for purpose of identification by the 
owner or person who has legal custody or right to possession 
thereof with the intent to prevent identification, if the person 
who alters, removes, or obliterates the numbers or symbols is 
not the owner and does not have the permission of the owner to 
make the alteration, removal, or obliteration; or 
     (11) with the intent to prevent the identification of 
property involved, so as to deprive the rightful owner of 
possession thereof, alters or removes any permanent serial 
number, permanent distinguishing number or manufacturer's 
identification number on personal property or possesses, sells 
or buys any personal property with knowledge that the permanent 
serial number, permanent distinguishing number or manufacturer's 
identification number has been removed or altered; or 
     (12) intentionally deprives another of a lawful charge for 
cable television service by 
     (i) making or using or attempting to make or use an 
unauthorized external connection outside the individual dwelling 
unit whether physical, electrical, acoustical, inductive, or 
other connection, or by 
     (ii) attaching any unauthorized device to any cable, wire, 
microwave, or other component of a licensed cable communications 
system as defined in chapter 238.  Nothing herein shall be 
construed to prohibit the electronic video rerecording of 
program material transmitted on the cable communications system 
by a subscriber for fair use as defined by Public Law Number 
94-553, section 107; or 
     (13) except as provided in paragraphs (12) and (14), 
obtains the services of another with the intention of receiving 
those services without making the agreed or reasonably expected 
payment of money or other consideration; or 
    (14) intentionally deprives another of a lawful charge for 
telecommunications service by:  
    (i) making, using, or attempting to make or use an 
unauthorized connection whether physical, electrical, by wire, 
microwave, radio or other means to a component of a local 
telecommunication system as provided in chapter 237; or 
    (ii) attaching an unauthorized device to a cable, wire, 
microwave, radio, or other component of a local 
telecommunication system as provided in chapter 237.  
    The existence of an unauthorized connection is prima facie 
evidence that the occupier of the premises:  
    (i) made or was aware of the connection; and 
    (ii) was aware that the connection was unauthorized; or 
    (15) with intent to defraud, diverts corporate property 
other than in accordance with general business purposes or for 
purposes other than those specified in the corporation's 
articles of incorporation; or 
    (16) with intent to defraud, authorizes or causes a 
corporation to make a distribution in violation of section 
302A.551, or any other state law in conformity with it.; or 
    (17) intentionally takes or drives a motor vehicle without 
the consent of the owner or an authorized agent of the owner. 
    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 
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), or (16); 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 $2,500, or if 
the property stolen was an article representing a trade secret, 
an explosive or incendiary device, or a controlled substance 
listed in schedule 1 or 2 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: 
    (a) the value of the property or services stolen is more 
than $500 but not more than $2,500; or 
    (b) the property stolen was a controlled substance listed 
in schedule 3, 4, or 5 pursuant to section 152.02; or 
    (c) the value of the property or services stolen is more 
than $200 but not more than $500 and the person has been 
convicted within the preceding five years for an offense under 
this section, section 256.98; 268.18, subdivision 3; 609.24; 
609.245; 609.53; 609.582, subdivision 1, 2, or 3; 609.625; 
609.63; 609.631; or 609.821, or a statute from another state 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 
    (4) to imprisonment for not more than five years or to 
payment of a fine of not more than $10,000, or both, 
notwithstanding 
    (d) the value of the property or services stolen is not 
more than $200, if $500, and any of the following circumstances 
exist: 
    (a) (i) the property is taken from the person of another or 
from a corpse, or grave or coffin containing a corpse; or 
    (b) (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 
    (c) (iii) the property is taken from a burning building or 
upon its removal therefrom, or from an area of destruction 
caused by civil disaster, riot, bombing, or the proximity of 
battle; or 
    (d) (iv) the property consists of public funds belonging to 
the state or to any political subdivision or agency thereof; or 
    (e) (v) the property is a firearm; or 
    (f) (vi) the property stolen was is a motor vehicle as 
defined in section 609.55; or 
    (5) to imprisonment for not more than ten years or to 
payment of a fine of not more than $20,000, or both, if the 
property stolen is an article representing a trade secret; or if 
the property stolen is an explosive or an incendiary device; or 
    (6) (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 $200 but not 
more than $500; or 
    (7) (5) in all other cases where the value of the property 
or services stolen is $200 or less, to imprisonment for not more 
than 90 days or to payment of a fine of not more than $700, or 
both, provided, however, in any prosecution under subdivision 2, 
clauses (1), (2), (3), (4), and (13), 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. 
    Sec. 6.  [609.526] [PRECIOUS METAL DEALERS; RECEIVING 
STOLEN PROPERTY.] 
    Any precious metal dealer as defined in section 325F.731, 
subdivision 2, or any person employed by a precious metal dealer 
as defined in section 325F.731, subdivision 2, who receives, 
possesses, transfers, buys, or conceals any stolen property or 
property obtained by robbery, knowing or having reason to know 
the property was stolen or obtained by robbery, may be sentenced 
as follows: 
    (1) if the value of the property received, bought, or 
concealed is $1,000 or more, to imprisonment for not more than 
ten years or to payment of a fine of not more than $50,000, or 
both; 
    (2) if the value of the property received, bought, or 
concealed is less than $1,000 but more than $300, to 
imprisonment for not more than five years or to payment of a 
fine of not more than $40,000, or both; 
    (3) if the value of the property received, bought, or 
concealed is $300 or less, to imprisonment for not more than 90 
days or to payment of a fine of not more than $700, or both. 
    Any person convicted of violating this section a second or 
subsequent time within a period of one year may be sentenced as 
provided in clause (1). 
    Sec. 7.  Minnesota Statutes 1988, section 609.53, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PENALTY.] Except as otherwise provided in 
section 6, any person who receives, possesses, transfers, buys 
or conceals any stolen property or property obtained by robbery, 
knowing or having reason to know the property was stolen or 
obtained by robbery, may be sentenced as follows: 
    (1) if the value of the property is $1,000 or more, to 
imprisonment for not more than ten years or to payment of a fine 
of not more than $20,000, or both; 
    (2) if the value of the property is less than $1,000, but 
more than $300, to imprisonment for not more than five years or 
to payment of a fine of not more than $10,000, or both; 
    (3) if the value of the property is $300 or less, to 
imprisonment for not more than 90 days or to payment of a fine 
of not more than $700, or both; 
    (4) notwithstanding the value of the property, if the 
property is a firearm, to imprisonment for not more than five 
years or to payment of a fine of not more than $10,000, or 
both in accordance with the provisions of section 609.52, 
subdivision 3. 
    Sec. 8.  Minnesota Statutes 1988, section 609.53, 
subdivision 4, is amended to read: 
    Subd. 4.  [CIVIL ACTION; TREBLE DAMAGES.] Any person who 
has been injured by a violation of subdivisions subdivision 1 or 
3 section 6 may bring an action for three times the amount of 
actual damages, sustained by the plaintiff or $1,500, whichever 
is greater, and the costs of suit and reasonable attorney's fees.
    Sec. 9.  [609.546] [MOTOR VEHICLE TAMPERING.] 
    A person is guilty of a misdemeanor who intentionally: 
    (1) rides in or on a motor vehicle knowing that the vehicle 
was taken and is being driven by another without the owner's 
permission; or 
    (2) tampers with or enters into or on a motor vehicle 
without the owner's permission.  
    Sec. 10.  Minnesota Statutes 1988, section 609.631, 
subdivision 2, is amended to read: 
    Subd. 2.  [CHECK FORGERY; ELEMENTS.] A person who, is 
guilty of check forgery and may be sentenced under subdivision 4 
if the person, with intent to defraud, does any of the following:
    (1) falsely makes or alters a check so that it purports to 
have been made by another or by the maker under an assumed or 
fictitious name, or at another time, or with different 
provisions, or by the authority of one who did not give 
authority, is guilty of check forgery and may be sentenced as 
provided in subdivision 4; or 
    (2) falsely endorses or alters a check so that it purports 
to have been endorsed by another. 
    Sec. 11.  Minnesota Statutes 1988, section 624.701, is 
amended to read: 
    624.701 [LIQUORS IN CERTAIN BUILDINGS OR GROUNDS.] 
    Subdivision 1.  Except as otherwise provided in subdivision 
1a, any person who shall introduce upon, or have in possession 
upon, or in, introduces or possesses an alcoholic beverage, as 
defined in section 340A.101, on any school ground, or in any 
schoolhouse or school building, any alcoholic beverage as 
defined in section 340A.101, except for is guilty of a 
misdemeanor. 
    Subd. 1a.  [EXCEPTIONS.] Subdivision 1 does not apply to 
the following: 
    (1) experiments in laboratories and except for; 
    (2) those organizations who have been issued temporary 
licenses to sell nonintoxicating malt liquor pursuant to section 
340A.403, subdivision 2, and; 
    (3) any person possessing nonintoxicating malt liquor as a 
result of a purchase from those organizations holding temporary 
licenses pursuant to section 340A.403, subdivision 2, shall be 
guilty of a misdemeanor; or 
    (4) the possession or use of alcoholic beverages in an 
alcohol use awareness program that is held at a post-secondary 
school, sponsored or approved by the school, and limited to 
persons 21 years old or older.  
    Subd. 2.  Any person who except by prescription of a 
licensed physician or permission of the hospital administrator 
shall introduce upon, or have in possession upon, or in, any 
state hospital or grounds thereof under the responsibility of 
the commissioner of human services any alcoholic beverage as 
defined in section 340A.101, shall be guilty of a misdemeanor. 
    Sec. 12.  Laws 1989, chapter 5, section 3, is amended to 
read:  
    Sec. 3.  [609.396] [UNAUTHORIZED PRESENCE AT CAMP RIPLEY.] 
    Subdivision 1.  [MISDEMEANOR.] A person is guilty of a 
misdemeanor if the person intentionally and without 
authorization of the adjutant general enters or is present on 
the Camp Ripley military reservation. 
    Subd. 2.  [FELONY.] A person is guilty of a felony and may 
be sentenced to not more than five years imprisonment or to 
payment of a fine of not more than $10,000, or both, if: 
    (1) the person intentionally enters or is present without 
authorization of the adjutant general in an area at the Camp 
Ripley military reservation that is posted by order of the 
adjutant general as restricted for weapon firing or other 
hazardous military activity; and 
    (2) the person knows that doing so creates a risk of death, 
bodily harm, or serious property damage.  
    Sec. 13.  [INSTRUCTION TO REVISOR; REFERENCE CHANGE.] 
    The revisor of statutes shall change the reference to 
Minnesota Statutes, section 609.55, subdivision 1, in section 
609.605, subdivision 1, clause (10), to section 609.52, 
subdivision 1, clause (10).  
    Sec. 14.  [REPEALER.] 
    Minnesota Statutes 1988, sections 609.53, subdivisions 1a, 
3, and 3a, is repealed.  Minnesota Statutes 1988, section 
609.55, as amended by Laws 1989, chapter 5, sections 5, 6, and 
7, is repealed. 
    Sec. 15.  [EFFECTIVE DATE.] 
    Sections 1 to 14 are effective August 1, 1989, and apply to 
crimes committed on or after that date. 

                               ARTICLE 8 

                       FIRE DEPARTMENT ACCESS TO 

                         CRIMINAL HISTORY DATA 
    Section 1.  [299F.035] [FIRE DEPARTMENT ACCESS TO AND USE 
OF CRIMINAL HISTORY DATA.] 
    Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
subdivision apply to this section. 
    (b) "Criminal history data" has the meaning given in 
section 13.87. 
    (c) "Criminal justice agency" has the meaning given in 
section 299C.46, subdivision 2. 
    (d) "Fire department" has the meaning given in section 
299F.092, subdivision 6. 
    (e) "Private data" has the meaning given in section 13.02, 
subdivision 12. 
    Subd. 2.  [ACCESS TO DATA.] The superintendent of the 
bureau of criminal apprehension, in consultation with the state 
fire marshal, shall develop and implement a plan for fire 
departments to have access to criminal history data.  The plan 
must include: 
    (1) security procedures to prevent unauthorized use or 
disclosure of private data; and 
    (2) a procedure for the hiring authority in each fire 
protection agency to fingerprint job applicants, submit requests 
to the bureau of criminal apprehension, and obtain state and 
federal criminal history data reports for a nominal fee. 
    Subd. 3.  [RELATION OF CONVICTION TO FIRE 
PROTECTION.] Criminal history data may be used in assessing fire 
protection agency job applicants only if the criminal history 
data are directly related to the position of employment sought. 
    Subd. 4.  [DETERMINATION OF RELATIONSHIP.] In determining 
if criminal history data are directly related to the position of 
employment sought, the hiring authority may consider: 
    (1) the nature and seriousness of the criminal history data 
on the job applicant; 
    (2) the relationship of the criminal history data to the 
purposes of regulating the position of employment sought; and 
    (3) the relationship of the criminal history data to the 
ability, capacity, and fitness required to perform the duties 
and discharge the responsibilities of the position of employment 
sought. 
    Sec. 2.  Minnesota Statutes 1988, section 364.09, is 
amended to read: 
    364.09 [EXCEPTIONS.] 
    This chapter shall not apply to the practice of law 
enforcement, to fire protection agencies, to eligibility for a 
family day care license, a family foster care license, a home 
care provider license, or to eligibility for school bus driver 
endorsements.  Nothing in this section shall be construed to 
preclude the Minnesota police and peace officers training 
board or the state fire marshal from recommending policies set 
forth in this chapter to the attorney general for adoption in 
the attorney general's discretion to apply to law enforcement or 
fire protection agencies. 
    Sec. 3.  Minnesota Statutes 1988, section 626.52, 
subdivision 3, is amended to read: 
    Subd. 3.  [REPORTING BURNS.] A health professional 
shall immediately file a written report with the state fire 
marshal within 72 hours after being notified of a burn injury or 
wound that the professional is called upon to treat, dress, or 
bandage, if the victim has sustained second- or third-degree 
burns to five percent or more of the body, the victim has 
sustained burns to the upper respiratory tract or sustained 
laryngeal edema from inhaling superheated air, or the victim has 
sustained a burn injury or wound that may result in the victim's 
death.  The health professional shall make the initial report by 
telephoning the burn hotline in order to allow the proper law 
enforcement or other investigatory authority to be notified.  
Within 72 hours, the professional shall also file a written 
report with The state fire marshal, on a shall provide the form 
provided by the fire marshal for the report.  

                               ARTICLE 9 

                          DRUG POLICY PROGRAMS 
    Section 1.  [299A.29] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] For purposes of sections 1 
to 8, the following terms have the meanings given them in this 
section. 
    Subd. 2.  [DEMAND REDUCTION.] "Demand reduction" means an 
activity carried on by a drug program agency that is designed to 
reduce demands for drugs, including education, prevention, 
treatment, and rehabilitation programs. 
    Subd. 3.  [DRUG.] "Drug" means a controlled substance as 
defined in section 152.01, subdivision 4. 
    Subd. 4.  [DRUG PROGRAM AGENCY.] "Drug program agency" 
means an agency of the state, a political subdivision of the 
state, or the United States government that is involved in 
demand reduction or supply reduction. 
    Subd. 5.  [SUPPLY REDUCTION.] "Supply reduction" means an 
activity carried on by a drug program agency that is designed to 
reduce the supply or use of drugs, including law enforcement, 
eradication, and prosecutorial activities. 
    Sec. 2.  [299A.30] [OFFICE OF DRUG POLICY.] 
    Subdivision 1.  [OFFICE; ASSISTANT COMMISSIONER.] The 
office of drug policy is an office in the department of public 
safety headed by an assistant commissioner appointed by the 
commissioner to serve in the unclassified service.  The 
assistant commissioner may appoint other employees in the 
unclassified service.  The assistant commissioner shall 
coordinate the activities of drug program agencies and serve as 
staff to the drug abuse prevention resource council.  
    Subd. 2.  [DUTIES.] (a) The assistant commissioner shall 
gather and make available information on demand reduction and 
supply reduction throughout the state, foster cooperation among 
drug program agencies, and assist agencies and public officials 
in training and other programs designed to improve the 
effectiveness of demand reduction and supply reduction. 
    (b) The assistant commissioner shall coordinate the 
distribution of funds received by the state of Minnesota through 
the federal Anti-Drug Abuse Act.  The assistant commissioner may 
obtain technical assistance from the state planning agency to 
perform this function.  The assistant commissioner shall 
recommend to the commissioner recipients of grants under 
sections 5 and 6, after consultation with the drug abuse 
prevention resource council. 
    (c) The assistant commissioner shall: 
    (1) after consultation with all drug program agencies 
operating in the state, develop a state drug strategy 
encompassing the efforts of those agencies and taking into 
account all money available for demand reduction and supply 
reduction, from any source; 
    (2) submit the strategy to the governor and the legislature 
by January 15 of each year, along with a summary of demand 
reduction and supply reduction during the preceding calendar 
year; 
    (3) assist appropriate professional and occupational 
organizations, including organizations of law enforcement 
officers, prosecutors, and educators, in developing and 
operating informational and training programs to improve the 
effectiveness of demand reduction and supply reduction; and 
    (4) provide information and assistance to drug program 
agencies, both directly and by functioning as a clearinghouse 
for information from other drug program agencies. 
    Sec. 3.  [299A.31] [DRUG ABUSE PREVENTION RESOURCE COUNCIL; 
ESTABLISHMENT; MEMBERSHIP.] 
    Subdivision 1.  [ESTABLISHMENT; MEMBERSHIP.] A drug abuse 
prevention resource council consisting of 18 members is 
established.  The commissioners of public safety, education, 
health, human services, and the state planning agency, and the 
attorney general shall each appoint one member from among their 
employees.  The speaker of the house of representatives and the 
subcommittee on committees of the senate shall each appoint a 
legislative member.  The governor shall appoint an additional 
ten members who shall demonstrate knowledge in the area of drug 
abuse prevention, shall represent the demographic and geographic 
composition of the state and, to the extent possible, shall 
represent the following groups:  parents, educators, clergy, 
local government, racial and ethnic minority communities, 
professional providers of drug abuse prevention services, 
volunteers in private, nonprofit drug prevention programs, and 
the business community.  The members shall designate one of the 
governor's appointees as chair of the council.  Compensation and 
removal of members are governed by section 15.059.  
    Subd. 2.  [ACCEPTANCE OF FUNDS AND DONATIONS.] The council 
may accept federal money, gifts, donations, and bequests for the 
purpose of performing the duties set forth in this section and 
section 4.  The council shall use its best efforts to solicit 
funds from private individuals and organizations to match state 
appropriations. 
    Sec. 4.  [299A.32] [RESPONSIBILITIES OF THE COUNCIL.] 
    Subdivision 1.  [PURPOSE OF THE COUNCIL.] The general 
purpose of the council is to foster the coordination and 
development of a statewide drug abuse prevention policy. 
    Subd. 2.  [SPECIFIC DUTIES AND RESPONSIBILITIES.] In 
furtherance of the general purpose specified in subdivision 1, 
the council has the following duties and responsibilities:  
    (1) it shall develop a coordinated, statewide drug abuse 
prevention policy; 
    (2) it shall develop a mission statement that defines the 
roles and relationships of agencies operating within the 
continuum of chemical health care; 
    (3) it shall develop guidelines for drug abuse prevention 
program development and operation based on its research and 
program evaluation activities; 
    (4) it shall assist local governments and groups in 
planning, organizing, and establishing comprehensive, 
community-based drug abuse prevention programs and services; 
    (5) it shall coordinate and provide technical assistance to 
organizations and individuals seeking public or private funding 
for drug abuse prevention programs, and to government and 
private agencies seeking to grant funds for these purposes; 
    (6) it shall assist providers of drug abuse prevention 
services in implementing, monitoring, and evaluating new and 
existing programs and services; 
    (7) it shall provide information on and analysis of the 
relative public and private costs of drug abuse prevention, 
enforcement, intervention, and treatment efforts; and 
    (8) it shall advise the assistant commissioner of the 
office of drug policy in awarding grants and in other duties.  
    Subd. 3.  [ANNUAL REPORT.] On or before February 1, 1991, 
and each year thereafter, the council shall submit a written 
report to the legislature describing its activities during the 
preceding year, describing efforts that have been made to 
enhance and improve utilization of existing resources and to 
identify deficits in prevention efforts, and recommending 
appropriate changes, including any legislative changes that it 
considers necessary or advisable in the area of drug abuse 
prevention policy, programs, or services. 
    Sec. 5.  [299A.33] [DRUG ABUSE RESISTANCE EDUCATION 
PROGRAM.] 
    Subdivision 1.  [PROGRAM.] The drug abuse resistance 
education program assists law enforcement agencies or school 
districts by providing grants to enable peace officers to 
undergo the training described in subdivision 3.  Grants may be 
used to cover the cost of the training as well as reimbursement 
for actual, reasonable travel and living expenses incurred in 
connection with the training.  The commissioner shall administer 
the program, shall promote it throughout the state, and is 
authorized to receive money from public and private sources for 
use in carrying it out.  For purposes of this section, "law 
enforcement agency" means a police department or sheriff's 
office. 
    Subd. 2.  [GRANTS.] A law enforcement agency or a school 
district may apply to the commissioner for a grant under 
subdivision 1. 
    Subd. 3.  [TRAINING PROGRAM.] The bureau of criminal 
apprehension shall develop a program to train peace officers to 
teach a curriculum on drug abuse resistance in schools.  The 
training program must be approved by the commissioner. 
    Subd. 4.  [AVAILABILITY OF PEACE OFFICER TRAINING.] The 
training described in subdivision 3 is available on a voluntary 
basis to local law enforcement agencies and school districts.  
    Subd. 5.  [COORDINATION OF ACTIVITIES.] If the commissioner 
receives grant requests from more than one applicant for 
programs to be conducted in a single school district, the 
commissioner shall require the applicants to submit a plan for 
coordination of their training and programs. 
    Subd. 6.  [REPORTS.] The commissioner may require grant 
recipients to account to the director at reasonable time 
intervals regarding the use of the grants and the training and 
programs provided. 
    Sec. 6.  [299A.34] [LAW ENFORCEMENT AND COMMUNITY GRANTS.] 
    Subdivision 1.  [GRANT PROGRAMS.] (a) The commissioner 
shall develop grant programs to: 
    (1) assist law enforcement agencies in purchasing 
equipment, provide undercover buy money, and pay other 
nonpersonnel costs; and 
    (2) assist community and neighborhood organizations in 
efforts to prevent or reduce criminal activities in their areas, 
particularly activities involving youth and the use and sale of 
drugs.  
    (b) The commissioner shall by rule prescribe criteria for 
eligibility and the award of grants and reporting requirements 
for recipients. 
    Subd. 2.  [SELECTION AND MONITORING.] The drug abuse 
prevention resource council shall assist in the selection and 
monitoring of grant recipients. 
    Sec. 7.  [299A.35] [COMMUNITY CRIME REDUCTION PROGRAMS; 
GRANTS.] 
    Subdivision 1.  [PROGRAMS.] The commissioner shall, in 
consultation with the drug abuse prevention resource council, 
administer a grant program to fund community-based programs that 
are designed to enhance the community's sense of personal 
security and to assist the community in its crime control 
efforts.  Examples of qualifying programs include, but are not 
limited to, the following: 
    (1) programs to provide security systems for residential 
buildings serving low-income persons, elderly persons, and 
persons who have physical or mental disabilities; 
    (2) community-based programs designed to discourage young 
people from involvement in unlawful drug or street gang 
activities; 
    (3) neighborhood block clubs and innovative community-based 
crime watch programs; and 
    (4) other community-based crime prevention programs that 
are innovative and encourage substantial involvement by members 
of the community served by the program. 
    Subd. 2.  [GRANT PROCEDURE.] A local unit of government 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) the amount of funding to be provided to the program; 
    (3) the geographical area to be served by the program; and 
    (4) 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; 609.21; 609.221; 609.222; 609.223; 
609.228; 609.235; 609.24; 609.245; 609.25; 609.255; 609.2661; 
609.2662; 609.2663; 609.2664; 609.2665; 609.267; 609.2671; 
609.268; 609.342; 609.343; 609.344; 609.345; 609.498, 
subdivision 1; 609.561; 609.562; 609.582, subdivision 1; 
609.687; and any provision of chapter 152 that is punishable by 
a maximum term of imprisonment greater than ten years. 
    The commissioner shall give priority to funding programs in 
the geographical areas that have the highest crime rates, as 
measured by the data supplied under clause (4), and that 
demonstrate substantial involvement by members of the community 
served by the program.  The maximum amount that may be awarded 
to an applicant is $25,000. 
    Subd. 3.  [REPORT.] An applicant that receives a grant 
under this section shall provide the commissioner with a summary 
of how the grant funds were spent and the extent to which the 
objectives of the program were achieved.  The commissioner shall 
submit a written report with the legislature based on the 
information provided by applicants under this subdivision. 
    Sec. 8.  [299A.36] [OTHER DUTIES.] 
    The assistant commissioner assigned to the office of drug 
policy, in consultation with the drug abuse prevention resource 
council, shall: 
    (1) provide information and assistance upon request to 
school preassessment teams established under section 126.034 and 
school and community advisory teams established under section 
126.035; 
    (2) provide information and assistance upon request to the 
state board of pharmacy with respect to the board's enforcement 
of chapter 152; 
    (3) cooperate with and provide information and assistance 
upon request to the alcohol and other drug abuse section in the 
department of human services. 
    (4) assist in coordinating the policy of the office with 
that of the narcotic enforcement unit in the bureau of criminal 
apprehension; and 
    (5) coordinate the activities of the regional drug task 
forces, provide assistance and information to them upon request, 
and assist in the formation of task forces in areas of the state 
in which no task force operates. 
    Sec. 9.  [299A.37] [COOPERATION OF OTHER AGENCIES.] 
    State agencies, and agencies and governing bodies of 
political subdivisions, shall cooperate with the assistant 
commissioner assigned to the office of drug policy and shall 
provide any public information requested by the assistant 
commissioner assigned to the office of drug policy. 
    Sec. 10.  [299A.38] [SOFT BODY ARMOR REIMBURSEMENT.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section: 
    (a) "Commissioner" means the commissioner of public safety. 
    (b) "Peace officer" means a person who is licensed under 
section 626.84, subdivision 1, paragraph (c). 
    (c) "Vest" means bullet-resistant soft body armor that is 
flexible, concealable, and custom fitted to the peace officer to 
provide ballistic and trauma protection. 
    Subd. 2.  [STATE AND LOCAL REIMBURSEMENT.] Peace officers 
and heads of local law enforcement agencies who buy vests for 
the use of peace officer employees may apply to the commissioner 
for reimbursement of funds spent to buy vests.  On approving an 
application for reimbursement, the commissioner shall pay the 
applicant an amount equal to the lesser of one-third of the 
vest's purchase price or $165.  The political subdivision that 
employs the peace officer shall pay at least the lesser of 
one-third of the vest's purchase price or $165. 
    Subd. 3.  [ELIGIBILITY REQUIREMENTS.] (a) Only vests that 
either meet or exceed the requirements of standard 0101.01 of 
the National Institute of Justice in effect on December 30, 
1986, or that meet or exceed the requirements of that standard, 
except wet armor conditioning, are eligible for reimbursement. 
    (b) Eligibility for reimbursement is limited to vests 
bought after December 31, 1986, by or for peace officers (1) who 
did not own a vest meeting the requirements of paragraph (a) 
before the purchase, or (2) who owned a vest that was at least 
six years old. 
    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, or state or local government 
employee that provides reimbursement for purchase of a vest 
under this section is not liable to a peace officer or the peace 
officer's heirs for negligence in the death of or injury to the 
peace officer because the vest was defective or deficient. 
    Subd. 6.  [RIGHT TO BENEFITS UNAFFECTED.] A peace 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 176B.04, to which the 
officer, or the officer's heirs, is otherwise entitled.  
    Sec. 11.  Minnesota Statutes 1988, section 388.14, is 
amended to read: 
    388.14 [CONTINGENT FUND; EXPENSES.] 
    The county board may set apart yearly a sum, not exceeding 
$5,000 $7,500, except in counties containing cities of the first 
class, where the sum shall not exceed $7,500 $10,000, as a 
contingent fund for defraying necessary expenses not especially 
provided for by law, in preparing and trying criminal cases, 
conducting investigations by the grand jury, making 
contributions to a statewide county attorney's organization, and 
paying the necessary expenses of the county attorney incurred in 
the business of the county.  All disbursements from such fund 
shall be made upon written request of the county attorney by 
auditor's warrant, countersigned by a judge of the district 
court.  Any balance remaining at the end of the year shall be 
transferred to the revenue fund. 
    Sec. 12.  [STUDY AND REPORT.] 
    In consultation with the drug abuse prevention resource 
council, the assistant commissioner of the office of drug policy 
shall review existing drug abuse prevention programs and shall 
develop and recommend to the governor and the legislature a 
statewide drug abuse prevention policy that emphasizes local 
efforts and a coordinated approach.  The policy must seek to 
make most efficient use of available money and other resources 
and to use existing agencies or organizations whenever 
possible.  The report and recommendations must be submitted 
before January 1, 1991. 
    Sec. 13.  [TRANSFER OF DRUG PREVENTION PROGRAM.] 
    Responsibility to administer the federal Anti-Drug Abuse 
Act in Minnesota is transferred under Minnesota Statutes, 
section 15.039, from the commissioner of state planning to the 
commissioner of public safety. 
    Sec. 14.  [EFFECTIVE DATE.] 
    Sections 1 to 9 and 12 are effective the day following 
final enactment.  Section 13 is effective October 1, 1989.  

                               ARTICLE 10 

                  DRIVING WHILE INTOXICATED PROVISIONS 
    Section 1.  Minnesota Statutes 1988, section 169.121, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CRIME.] It is a misdemeanor crime for any 
person to drive, operate, or be in physical control of any motor 
vehicle within this state or upon the ice of any boundary water 
of this state: 
    (a) when the person is under the influence of alcohol; 
    (b) when the person is under the influence of a controlled 
substance, as defined in section 152.01, subdivision 4; 
    (c) when the person is under the influence of a combination 
of any two or more of the elements named in clauses (a), (b), 
and (f); 
    (d) when the person's alcohol concentration is 0.10 or 
more; 
    (e) when the person's alcohol concentration as measured 
within two hours of the time of driving is 0.10 or more; or 
    (f) when the person is knowingly under the influence of any 
chemical compound or combination of chemical compounds that is 
listed as a hazardous substance in rules adopted under section 
182.655 and that affects the nervous system, brain, or muscles 
of the person so as to substantially impair the person's ability 
to drive or operate the motor vehicle. 
    Sec. 2.  Minnesota Statutes 1988, section 169.121, 
subdivision 1a, is amended to read:  
    Subd. 1a.  [REFUSAL TO SUBMIT TO TESTING; CRIME.] It is a 
crime for any person to refuse to submit to a chemical test of 
the person's blood, breath, or urine under section 169.123 if 
the person's license has been revoked once within the past five 
years, or two or more times within the past ten years, under any 
of the following:  this section, or section 169.123, 609.21, 
subdivision 1, clause (2) or (3), 609.21, subdivision 2, clause 
(2) or (3), 609.21, subdivision 3, clause (2) or (3), or 609.21, 
subdivision 4, clause (2) or (3). 
    Subd. 1b.  [ARREST.] A peace officer may lawfully arrest a 
person for violation of subdivision 1 without a warrant upon 
probable cause, without regard to whether the violation was 
committed in the officer's presence.  
    When a peace officer has probable cause to believe that a 
person is driving or operating a motor vehicle in violation of 
subdivision 1, and before a stop or arrest can be made the 
person escapes from the geographical limits of the officer's 
jurisdiction, the officer in fresh pursuit of the person may 
stop or arrest the person in another jurisdiction within this 
state and may exercise the powers and perform the duties of a 
peace officer under sections 169.121 and 169.123.  An officer 
acting in fresh pursuit pursuant to this subdivision is serving 
in the regular line of duty as fully as though within the 
officer's jurisdiction.  
    The express grant of arrest powers in this subdivision does 
not limit the arrest powers of peace officers pursuant to 
sections 626.65 to 626.70 or section 629.40 in cases of arrests 
for violation of subdivision 1 or any other provision of law.  
     Sec. 3.  Minnesota Statutes 1988, section 169.121, 
subdivision 3, is amended to read: 
    Subd. 3.  [CRIMINAL PENALTIES.] (a) A person who violates 
this section or an ordinance in conformity with it is guilty of 
a misdemeanor. 
    The following persons are guilty of a gross misdemeanor:  
    (a) (b) A person is guilty of a gross misdemeanor who 
violates this section or an ordinance in conformity with it 
within five years of a prior impaired driving conviction under 
this section, section 169.129, an ordinance in conformity with 
either of them, or a statute or ordinance from another state in 
conformity with either of them; and 
    (b) A person who violates this section or an ordinance in 
conformity with it, or within ten years of two or more prior 
impaired driving convictions under this section, section 
169.129, an ordinance in conformity with either of them, or a 
statute or ordinance from another state in conformity with 
either of them.  For purposes of this subdivision paragraph, a 
prior impaired driving conviction is a prior conviction under 
this section, section 84.91, subdivision 1, paragraph (a), 
section 169.129, section 361.12, subdivision 1, section 609.21, 
subdivision 1, clause (2) or (3), 609.21, subdivision 2, clause 
(2) or (3), 609.21, subdivision 3, clause (2) or (3), 609.21, 
subdivision 4, clause (2) or (3), or an ordinance from this 
state, or a statute or ordinance from another state in 
conformity with any of them.  A prior impaired driving 
conviction also includes a prior juvenile adjudication under 
this section, section 169.129, an ordinance in conformity with 
either of them, or a statute or ordinance from another state in 
conformity with either of them is a prior conviction that would 
have been a prior impaired driving conviction if committed by an 
adult.  
    (c) A person who violates subdivision 1a is guilty of a 
gross misdemeanor. 
    (d) The attorney in the jurisdiction in which the violation 
occurred who is responsible for prosecution of misdemeanor 
violations of this section shall also be responsible for 
prosecution of gross misdemeanor violations of this section.  
    When an attorney responsible for prosecuting gross 
misdemeanors under this section requests criminal history 
information relating to previous prior impaired driving 
convictions under this section from a court, the court must 
furnish the information without charge. 
    Sec. 4.  Minnesota Statutes 1988, section 169.121, 
subdivision 3b, is amended to read: 
    Subd. 3b.  [HABITUAL OFFENDERS; CHEMICAL USE TREATMENT.] If 
a person has been convicted under this section subdivision 1, 
section 169.129, an ordinance in conformity with either of them, 
or a statute or ordinance from another state in conformity with 
either of them, and if the person is then convicted of violating 
this section subdivision 1, section 169.129, or an ordinance in 
conformity with either of them (1) once within five years of the 
first conviction or (2) two or more times within ten years after 
the first conviction, the court must order the person to submit 
to the level of care recommended in the chemical use assessment 
required under section 169.126. 
    If a person is convicted under section 169.121, subdivision 
1a, the court shall order the person to submit to the level of 
care recommended in the chemical use assessment required under 
section 169.126.  
    Sec. 5.  Minnesota Statutes 1988, section 169.123, 
subdivision 2, is amended to read: 
    Subd. 2.  [IMPLIED CONSENT; CONDITIONS; ELECTION AS TO TYPE 
OF TEST.] (a) Any person who drives, operates, or is in physical 
control of a motor vehicle within this state or upon the ice of 
any boundary water of this state consents, subject to the 
provisions of this section and section 169.121, to a chemical 
test of that person's blood, breath, or urine for the purpose of 
determining the presence of alcohol or a controlled substance.  
The test shall be administered at the direction of a peace 
officer.  The test may be required of a person when an officer 
has probable cause to believe the person was driving, operating, 
or in physical control of a motor vehicle in violation of 
section 169.121 and one of the following conditions exist:  (1) 
the person has been lawfully placed under arrest for violation 
of section 169.121, or an ordinance in conformity with it; or 
(2) the person has been involved in a motor vehicle accident or 
collision resulting in property damage, personal injury, or 
death; or (3) the person has refused to take the screening test 
provided for by section 169.121, subdivision 6; or (4) the 
screening test was administered and recorded an alcohol 
concentration of 0.10 or more.  
    (b) At the time a test is requested, the person shall be 
informed: 
    (1) that Minnesota law requires the person to take a test 
to determine if the person is under the influence of alcohol or 
a controlled substance; 
    (2) that if testing is refused, the person may be subject 
to criminal penalties, and the person's right to drive will be 
revoked for a minimum period of one year or, if the person is 
under the age of 18 years, for a period of one year or until the 
person reaches the age of 18 years, whichever is greater; 
    (3) that if a test is taken and the results indicate that 
the person is under the influence of alcohol or a controlled 
substance, the person will be subject to criminal penalties and 
the person's right to drive may be revoked for a minimum period 
of 90 days or, if the person is under the age of 18 years, for a 
period of six months or until the person reaches the age of 18 
years, whichever is greater; 
    (4) that after submitting to testing, the person has the 
right to consult with an attorney and to have additional tests 
made by someone of the person's own choosing; and 
    (5) that if the person refuses to take a test, the refusal 
will be offered into evidence against the person at trial. 
    (c) The peace officer who requires a test pursuant to this 
subdivision may direct whether the test shall be of blood, 
breath, or urine.  Action may be taken against a person who 
refuses to take a blood test only if an alternative test was 
offered and action may be taken against a person who refuses to 
take a urine test only if an alternative test was offered. 
    Sec. 6.  Minnesota Statutes 1988, section 169.126, 
subdivision 4, is amended to read: 
    Subd. 4.  [CHEMICAL USE ASSESSMENT.] (a) Except as 
otherwise provided in paragraph (d), when an alcohol problem 
screening shows that the defendant has an identifiable chemical 
use problem, the court shall require the defendant to undergo a 
comprehensive chemical use assessment conducted by an assessor 
qualified under rules adopted by the commissioner of human 
services under section 254A.03, subdivision 3.  Notwithstanding 
section 13.82, the assessor shall have access to any police 
reports, laboratory test results, and other law enforcement data 
relating to the current offense or previous offenses that are 
necessary to complete the evaluation.  An assessor providing a 
chemical use assessment for the court may not have any direct or 
shared financial interest or referral relationship resulting in 
shared financial gain with a treatment provider.  If an 
independent assessor is not available, the court may use the 
services of an assessor authorized to perform assessments for 
the county social services agency under a variance granted under 
rules adopted by the commissioner of human services under 
section 254A.03, subdivision 3.  An appointment for the 
defendant to undergo the chemical use assessment shall be made 
by the court, a court services probation officer, or the court 
administrator as soon as possible but in no case more than one 
week after the defendant's court appearance.  The comprehensive 
chemical use assessment must be completed no later than two 
three weeks after the appointment date defendant's court 
appearance.  If the assessment is not performed within this time 
limit, the county where the defendant is to be sentenced shall 
perform the assessment.  The county of financial responsibility 
shall be determined under chapter 256G. 
    (b) The chemical use assessment report must include a 
recommended level of care for the defendant in accordance with 
the criteria contained in rules adopted by the commissioner of 
human services under section 254A.03, subdivision 3.  
     (c) The state shall reimburse the county for the entire 
cost of each chemical use assessment and report at a rate 
established by the department of human services up to a maximum 
of $100 in each case.  The county may not be reimbursed for the 
cost of any chemical use assessment or report not completed 
within the time limit provided in this subdivision.  
Reimbursement to the county must be made from the special 
account established in subdivision 4a.  
     (d) If the preliminary alcohol problem screening is 
conducted by an assessor qualified under rules adopted by the 
commissioner of human services under section 254A.03, 
subdivision 3, consists of a comprehensive chemical use 
assessment of the defendant, and complies with the chemical use 
assessment report requirements of paragraph (b), it is a 
chemical use assessment for the purposes of this section and the 
court may not require the defendant to undergo a second chemical 
use assessment under paragraph (a).  The state shall reimburse 
counties for the cost of alcohol problem screenings that qualify 
as chemical use assessments under this paragraph in the manner 
provided in paragraph (c) in lieu of the reimbursement 
provisions of section 169.124, subdivision 3. 
    Sec. 7.  Minnesota Statutes 1988, section 609.21, is 
amended to read: 
    609.21 [CRIMINAL VEHICULAR OPERATION.] 
    Subdivision 1.  [RESULTING IN DEATH.] Whoever causes the 
death of a human being not constituting murder or manslaughter 
as a result of operating a vehicle as defined in section 169.01, 
subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more, 
is guilty of criminal vehicular operation resulting in death and 
may be sentenced to imprisonment for not more than five ten 
years or to payment of a fine of not more than $10,000 $20,000, 
or both.  
    Subd. 2.  [RESULTING IN INJURY.] Whoever causes great 
bodily harm to another, as defined in section 609.02, 
subdivision 8, not constituting attempted murder or assault as a 
result of operating a vehicle defined in section 169.01, 
subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more, 
is guilty of criminal vehicular operation resulting in injury 
and may be sentenced to imprisonment for not more than three 
five years or the payment of a fine of not more than 
$5,000 $10,000, or both. 
    Subd. 3.  [RESULTING IN DEATH TO AN UNBORN CHILD.] Whoever 
causes the death of an unborn child as a result of operating a 
vehicle defined in section 169.01, subdivision 2, or an aircraft 
or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more, is guilty of criminal vehicular 
operation resulting in death to an unborn child and may be 
sentenced to imprisonment for not more than five ten years or to 
payment of a fine of not more than $10,000 $20,000, or both.  A 
prosecution for or conviction of a crime under this subdivision 
is not a bar to conviction of or punishment for any other crime 
committed by the defendant as part of the same conduct. 
    Subd. 4.  [RESULTING IN INJURY TO UNBORN CHILD.] Whoever 
causes great bodily harm, as defined in section 609.02, 
subdivision 8, to an unborn child who is subsequently born 
alive, as a result of operating a vehicle defined in section 
169.01, subdivision 2, or an aircraft or watercraft, 
    (1) in a grossly negligent manner; 
    (2) in a negligent manner while under the influence of 
alcohol, a controlled substance, or any combination of those 
elements; or 
    (3) in a negligent manner while having an alcohol 
concentration of 0.10 or more, is guilty of criminal vehicular 
operation resulting in injury to an unborn child and may be 
sentenced to imprisonment for not more than three five years or 
to payment of a fine of not more than $5,000 $10,000, or both.  
A prosecution for or conviction of a crime under this 
subdivision is not a bar to conviction of or punishment for any 
other crime committed by the defendant as part of the same 
conduct. 
    Sec. 8.  [EFFECTIVE DATE.] 
    Sections 1 to 7 are effective August 1, 1989, and apply to 
crimes committed and violations occurring on or after that date. 

                               ARTICLE 11 

                       COMMUNITY RESOURCE PROGRAM 
    Section 1.  [DEFINITIONS.] 
    Subdivision 1.  [SCOPE.] The definitions in this section 
apply to sections 1 to 8.  
    Subd. 2.  [CITY.] "City" means a city of the first class as 
defined in section 410.01.  
    Subd. 3.  [CITY COUNCIL.] "City council" means the city 
council of a city as defined in subdivision 2.  
    Subd. 4.  [COMMUNITY RESOURCE PROGRAM.] "Community resource 
program" or "program" means a community resource program adopted 
according to section 3. 
    Subd. 5.  [TARGETED NEIGHBORHOOD.] "Targeted neighborhood" 
means an area including one or more census tracts as determined 
and measured by the Bureau of Census of the United States 
Department of Commerce that a city council determines by 
resolution meets the criteria of section 2, subdivision 2, and 
any additional area designated under section 2.  
     Subd. 6.  [ASSISTED HOUSING.] "Assisted housing" means:  
     (1) the housing is either owned or under the control of a 
housing agency and is used in a manner authorized by sections 
469.001 to 469.047; 
     (2) the housing is defined as an emergency shelter or 
transitional housing under section 272.02, clause (12) or (19); 
     (2) the housing is classified as class 5c property under 
section 273.13, subdivision 25, paragraph (c), clause (4); or 
    (4) the housing is a building that receives a low-income 
housing credit under section 242 of the Internal Revenue Code of 
1986; or which meets the requirements of that section, and was 
under construction or rehabilitation prior to May 1, 1988.  
    Sec. 2.  [DESIGNATION OF TARGETED NEIGHBORHOODS.] 
     Subdivision 1.  [CITY AUTHORITY.] A city may by resolution 
designate targeted neighborhoods within its borders after 
adopting detailed findings that the neighborhoods meet the 
eligibility requirements in subdivision 2 or 3.  
     Subd. 2.  [ELIGIBILITY REQUIREMENTS FOR TARGETED 
NEIGHBORHOODS.] An area within a city is eligible for 
designation as a targeted neighborhood if the area meets at 
least two of the following criteria:  
    (1) the area had an unemployment rate that was twice the 
unemployment rate for the Minneapolis and St. Paul standard 
metropolitan statistical area as determined by the 1980 federal 
census; 
    (2) the median household income in the area was no more 
than half the median household income for the Minneapolis and 
St. Paul standard metropolitan statistical area as determined by 
the 1980 federal census; or 
    (3) the area is characterized by residential dwelling units 
in need of substantial rehabilitation.  An area qualifies under 
this clause if 25 percent or more of the residential dwelling 
units are in substandard condition as determined by the city or 
70 percent or more of the residential dwelling units were built 
before 1940 as determined by the 1980 federal census.  
     Subd. 3.  [ADDITIONAL AREA ELIGIBLE FOR INCLUSION IN 
TARGETED NEIGHBORHOOD.] (a) The city may add to the area 
designated as a targeted neighborhood under subdivision 2 a 
contiguous area of one-half mile in all directions from the 
designated targeted neighborhood.  
    (b) Assisted housing is also considered a targeted 
neighborhood.  
    Sec. 3.  [COMMUNITY RESOURCES PROGRAMS.] 
    Subdivision 1.  [COMMUNITY RESOURCES PROGRAM; REQUIREMENT.] 
A city must prepare a comprehensive community resources 
program.  The program must describe the specific community 
resource services and means by which the city intends to pursue 
and implement the program objectives outlined in subdivision 2 
for each targeted neighborhood served under the program and the 
community initiatives program described in section 4.  
     Subd. 2.  [COMMUNITY RESOURCES PROGRAM OBJECTIVES.] A 
community resources program must address at least the following 
objectives:  
     (1) increasing community safety and reducing crime; 
    (2) enhancing family stability including school readiness; 
    (3) providing opportunities for residents to become 
self-supporting; and 
     (4) building the capacity of neighborhood-based 
organizations to create cohesiveness and stability in their 
communities.  
    Subd. 3.  [COMMUNITY PARTICIPATION.] A city must adopt a 
process to involve the residents in targeted neighborhoods in 
planning, developing, and implementing the community resource 
program.  
    Subd. 4.  [ADVISORY COMMITTEE.] The city council of a city 
requesting state financial assistance under section 5 shall 
establish an advisory council to assist the city in developing 
and implementing a community resource program.  The advisory 
committee may include, but is not limited to:  city council 
members, county commissioners, school board members, community 
service representatives, business community representatives, and 
resident representatives of targeted neighborhoods.  The city 
may designate an existing entity as the advisory committee if 
the entity meets the membership requirements outlined in this 
subdivision. 
    Subd. 5.  [PROGRAM APPROVAL.] A city may approve or modify 
a community resource program only after holding a public hearing.
Notice of the hearing must be provided in a newspaper of general 
circulation in the city and in the targeted neighborhoods not 
less than ten days nor more than 30 days before the date of the 
hearing.  In addition, the notice shall be published in the most 
widely circulated community newspaper in the targeted 
neighborhoods. 
    Sec. 4.  [COMMUNITY INITIATIVES PROGRAM.] 
    A city may establish a community initiatives program as 
part of the community resource plan.  No more than ten percent 
of the community resource money may be distributed under the 
community initiatives program.  State money used for the 
community initiatives program must be used for implementing 
activities included in the community resources program.  
Financial assistance or service contracts awarded to a single 
nonprofit organization under this subdivision are limited to 
$10,000 annually.  
    Sec. 5.  [PAYMENT AND ALLOCATION.] 
    Subdivision 1.  [PAYMENT OF STATE MONEY.] Upon receiving 
from a city the certification that a community resources program 
has been adopted or modified, the commissioner of state planning 
shall, within 30 days after receiving the certification, pay to 
the city the amount of state money identified as necessary to 
implement the community resources program.  State money may be 
paid to the city only to the extent that the appropriation limit 
for the city specified in subdivision 2 is not exceeded. 
    Subd. 2.  [ALLOCATION.] Appropriation to each city shall be 
in proportion to the city's portion of the combined population 
of the cities.  The population of each city is determined by the 
most recent estimates available to the commissioner. 
    Sec. 6.  [ELIGIBLE USES FOR COMMUNITY RESOURCE MONEY.] 
    Subdivision 1.  [ELIGIBLE USES.] The city may use up to 20 
percent of the community resource money for low-income housing 
needs and economic development in targeted neighborhoods.  Not 
more than 40 percent of this amount may be used to address 
low-income housing needs citywide. 
    If a resident of a targeted neighborhood is a recipient of 
resource services and moves to a residence in another part of 
the city, eligibility continues for the community resources 
services. 
    Subd. 2.  [WAY TO GROW.] The city of Minneapolis shall 
spend $350,000 of the funds received by the city under section 5 
on the Minneapolis way to grow program. 
    Sec. 7.  [CITY POWERS.] 
    A city may exercise any of its corporate powers in 
implementing the community resources program.  In addition to 
the authority granted by other law, a city, through a request 
for proposal process, may make grants, loans, and other forms of 
assistance to and enter into service contracts with, 
individuals, for profit and nonprofit corporations, and other 
organizations to implement a community resources program.  
    Sec. 8.  [ANNUAL REPORT.] 
    A city must provide an annual report on the status of the 
program implementation and analyze whether the intended 
objectives are being achieved.  The report should be presented 
to the commissioner and the legislature. 

                               ARTICLE 12

           MULTIDISCIPLINARY CHEMICAL ABUSE PREVENTION TEAM   
    Section 1.  [299A.40] [MULTIDISCIPLINARY CHEMICAL ABUSE 
PREVENTION TEAM.] 
    Subdivision 1.  [ESTABLISHMENT OF TEAM.] A county, a 
multicounty organization of counties formed by an agreement 
under section 471.59, or a city with a population of no more 
than 50,000, may establish a multidisciplinary chemical abuse 
prevention team.  The chemical abuse prevention team may 
include, but not be limited to, representatives of health, 
mental health, public health, law enforcement, educational, 
social service, court service, community education, religious, 
and other appropriate agencies, and parent and youth groups.  
For purposes of this section, "chemical abuse" has the meaning 
given in Minnesota Rules, part 9530.6605, subpart 6.  When 
possible the team must coordinate its activities with existing 
local groups, organizations, and teams dealing with the same 
issues the team is addressing. 
    Subd. 2.  [DUTIES OF TEAM.] (a) A multidisciplinary 
chemical abuse prevention team shall: 
    (1) assist in coordinating chemical abuse prevention and 
treatment services provided by various groups, organizations, 
and agencies in the community; 
    (2) disseminate information on the chemical abuse 
prevention and treatment services that are available within the 
community in which the team is established; 
    (3) develop and conduct educational programs on chemical 
abuse prevention for adults and youth within the community in 
which the team is established; 
    (4) conduct activities to address other high-risk behaviors 
related to chemical abuse, including, but not limited to, 
suicide, delinquency, and family violence; and 
    (5) conduct other appropriate chemical abuse prevention 
activities. 
    (b) The team, in carrying out its duties under this 
subdivision, must focus on chemical abuse issues and needs 
unique to the community in which the team is established.  In 
defining the needs and goals of the team, the team shall consult 
with the governmental body of the city or county in which the 
team is established.  When a team is established in a 
multicounty area, the team shall consult with representatives of 
the county boards of each county. 
    (c) The team, in carrying out its duties, shall comply with 
the government data practices act in chapter 13, and 
requirements for confidentiality of records under Code of 
Federal Regulations, title 42, sections 2.1 to 2.67, as amended 
through December 31, 1988, and section 254A.09. 
    Subd. 3.  [GRANTS FOR DEMONSTRATION PROGRAM.] The assistant 
commissioner of the office of drug policy may award a grant to a 
county, multicounty organization, or city, as described in 
subdivision 1, for establishing and operating a 
multidisciplinary chemical abuse prevention team.  The assistant 
commissioner may approve up to five applications for grants 
under this subdivision.  The grant funds must be used to 
establish a multidisciplinary chemical abuse prevention team to 
carry out the duties in subdivision 2. 
    Subd. 4.  [ASSISTANT COMMISSIONER; ADMINISTRATION OF 
GRANTS.] The assistant commissioner shall develop a process for 
administering grants under subdivision 3.  The process must be 
compatible with the community grant program administered by the 
state planning agency under the Drug Free Schools and 
Communities Act, Public Law Number 100-690.  The process for 
administering the grants must include establishing criteria the 
assistant commissioner shall apply in awarding grants.  The 
assistant commissioner shall issue requests for proposals for 
grants under subdivision 3.  The request must be designed to 
obtain detailed information about the applicant and other 
information the assistant commissioner considers necessary to 
evaluate and select a grant recipient.  The applicant shall 
submit a proposal for a grant on a form and in a manner 
prescribed by the assistant commissioner.  The assistant 
commissioner shall award grants under this section so that 50 
percent of the funds appropriated for the grants go to the 
metropolitan area comprised of Anoka, Carver, Dakota, Hennepin, 
Ramsey, Scott, and Washington counties, and 50 percent of the 
funds go to the area outside the metropolitan area.  The process 
for administering the grants must also include procedures for 
monitoring the recipients' use of grant funds and reporting 
requirements for grant recipients. 
    Sec. 2.  [MONITORING AND REPORT OF CHEMICAL ABUSE 
PREVENTION TEAMS.] 
    The assistant commissioner of the office of drug policy 
shall monitor the activities of teams funded under the 
demonstration program for multidisciplinary chemical abuse 
prevention teams under section 1, and report to the legislature 
on or before January 1, 1991, on the teams' operation and 
progress. 
    Presented to the governor May 30, 1989 
    Signed by the governor June 1, 1989, 11:40 p.m.

700 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., St. Paul, MN 55155 ♦ Phone: (651) 296-2868 ♦ TTY: 1-800-627-3529 ♦ Fax: (651) 296-0569