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

  
    Laws of Minnesota 1993 

                        CHAPTER 326-H.F.No. 1585 
           An act relating to crime prevention; prohibiting 
          drive-by shootings, possession of dangerous weapons 
          and trespassing on school property, negligent storage 
          of firearms, and reckless discharge of firearms; 
          regulating the transfer of semiautomatic 
          military-style assault weapons; prohibiting possession 
          of a device for converting a firearm to fire at the 
          rate of a machine gun; prohibiting carrying rifles and 
          shotguns in public; increasing penalty for repeat 
          violations of pistol carry permit law; providing for 
          forfeiture of vehicles used in drive-by shootings and 
          prostitution; revising and increasing penalties for 
          stalking, harassment, and domestic abuse offenses; 
          providing for improved training, investigation and 
          enforcement of these laws; increasing penalties for 
          and making revisions to certain controlled substance 
          offenses; revising wiretap warrant law; providing for 
          sentence of life without release for first-degree 
          murder of a peace officer; increasing penalties for 
          crimes committed by groups; increasing penalties and 
          improving enforcement of arson and related crimes; 
          making certain changes to restitution and other crime 
          victim laws; revising laws relating to law enforcement 
          agencies, and state and local corrections agencies; 
          making terminology changes and technical corrections 
          related to new felony sentencing law; expanding scope 
          of sex offender registration and DNA specimen 
          provisions; requiring certain counties to establish 
          diversion programs; increasing certain surcharges and 
          fees; expanding community crime reduction grant 
          programs; appropriating money; amending Minnesota 
          Statutes 1992, sections 8.16, subdivision 1; 13.87, 
          subdivision 2; 13.99, by adding a subdivision; 16B.08, 
          subdivision 7; 144.765; 144A.04, subdivisions 4 and 6; 
          144A.11, subdivision 3a; 144B.08, subdivision 3; 
          147.09; 152.021, subdivision 3; 152.022, subdivisions 
          1 and 3; 152.023, subdivisions 2 and 3; 152.024, 
          subdivision 3; 152.025, subdivision 3; 152.026; 
          152.0971, subdivision 3, and by adding subdivisions; 
          152.0972, subdivision 1; 152.0973, subdivisions 2, 3, 
          4, and by adding subdivisions; 152.18, subdivision 1; 
          168.345, by adding a subdivision; 168.346; 169.121, 
          subdivision 3a; 169.222, subdivision 6, and by adding 
          a subdivision; 169.64, subdivision 3; 169.98, 
          subdivision 1a; 171.12, by adding a subdivision; 
          214.10, by adding subdivisions; 238.16, subdivision 2; 
          241.09; 241.26, subdivision 5; 241.67, subdivisions 1, 
          2, and by adding a subdivision; 243.166, subdivisions 
          1, 2, 3, 4, 6, and by adding subdivisions; 243.18, 
          subdivision 2, and by adding a subdivision; 243.23, 
          subdivision 3; 244.01, subdivision 8, and by adding a 
          subdivision; 244.05, subdivisions 1b, 4, 5, and by 
          adding a subdivision; 244.065; 244.101; 244.14, 
          subdivisions 2 and 3; 244.15, subdivision 1; 244.17, 
          subdivision 3; 244.171, subdivisions 3 and 4; 244.172, 
          subdivisions 1 and 2; 256.486; 260.185, subdivisions 1 
          and 1a; 260.193, subdivision 8; 260.251, subdivision 
          1; 289A.63, by adding a subdivision; 297B.10; 299A.35, 
          subdivisions 1 and 2; 299C.065, subdivision 1; 
          299C.46, by adding a subdivision; 299C.54, by adding a 
          subdivision; 299D.03, subdivision 1; 299D.06; 299F.04, 
          by adding a subdivision; 299F.811; 299F.815, 
          subdivision 1; 307.08, subdivision 2; 343.21, 
          subdivisions 9 and 10; 357.021, subdivision 2; 388.23, 
          subdivision 1; 390.11, by adding a subdivision; 
          390.32, by adding a subdivision; 401.02, subdivision 
          4; 473.386, by adding a subdivision; 480.0591, 
          subdivision 6; 480.30; 518B.01, subdivisions 2, 3, 6, 
          7, 9, and 14; 540.18, subdivision 1; 541.15; 609.02, 
          subdivision 6; 609.0341, subdivision 1; 609.035; 
          609.06; 609.101, subdivisions 1, 2, 3, 4, and by 
          adding a subdivision; 609.11; 609.13, by adding a 
          subdivision; 609.135, subdivisions 1, 1a, and 2; 
          609.1352, subdivision 1; 609.14, subdivision 1; 
          609.15, subdivision 2; 609.152, subdivision 1; 
          609.184, subdivision 2; 609.196; 609.224, subdivision 
          2, and by adding a subdivision; 609.229, subdivision 
          3; 609.251; 609.341, subdivisions 10, 17, and 19; 
          609.344, subdivision 1; 609.345, subdivision 1; 
          609.346, subdivisions 2, 2b, and 5; 609.3461, 
          subdivision 2; 609.378, subdivision 1; 609.494; 
          609.495; 609.505; 609.531; 609.5311, subdivision 3; 
          609.5312, subdivision 2, and by adding a subdivision; 
          609.5314, subdivisions 1 and 3; 609.5315, subdivisions 
          1, 2, 4, and by adding a subdivision; 609.562; 
          609.563, subdivision 1; 609.576, subdivision 1; 
          609.582, subdivision 1a; 609.585; 609.605, subdivision 
          1, and by adding a subdivision; 609.66, subdivision 
          1a, and by adding subdivisions; 609.67, subdivisions 1 
          and 2; 609.686; 609.71; 609.713, subdivision 1; 
          609.748, subdivisions 1, 2, 3, 5, 6, 8, and by adding 
          subdivisions; 609.79, subdivision 1; 609.795, 
          subdivision 1; 609.856, subdivision 1; 609.891, 
          subdivision 2; 609.902, subdivision 4; 611A.02, 
          subdivision 2; 611A.031; 611A.0315; 611A.04, 
          subdivisions 1, 1a, and 3; 611A.06, subdivision 1; 
          611A.52, subdivisions 5, 8, and 9; 611A.57, 
          subdivisions 2, 3, and 5; 611A.66; 611A.71, 
          subdivisions 1, 2, 3, and 7; 624.711; 624.712, 
          subdivisions 5, 6, and by adding subdivisions; 
          624.713; 624.7131, subdivisions 1, 4, and 10; 
          624.7132; 624.714, subdivision 1; 626.05, subdivision 
          2; 626.13; 626.556, subdivision 10; 626.8451, 
          subdivision 1a; 626A.05, subdivision 1; 626A.06, 
          subdivisions 4, 5, and 6; 626A.10, subdivision 1; 
          626A.11, subdivision 1; 628.26; 629.291, subdivision 
          1; 629.34, subdivision 1; 629.341, subdivision 1; 
          629.342, subdivision 2; 629.72; 631.046, subdivision 
          1; 631.41; and 641.14; Laws 1991, chapter 279, section 
          41; Laws 1992, chapter 571, articles 7, section 13, 
          subdivision 1; and 16, section 4; proposing coding for 
          new law in Minnesota Statutes, chapters 121; 169; 174; 
          242; 254A; 260; 401; 471; 473; 609; 611A; and 624; 
          repealing Minnesota Statutes 1992, sections 214.10, 
          subdivisions 4, 5, 6, and 7; 241.25; 241.67, 
          subdivision 5; 241.671; 243.165; 299A.325; 609.02, 
          subdivisions 12 and 13; 609.131, subdivision 1a; 
          609.605, subdivision 3; 609.746, subdivisions 2 and 3; 
          609.747; 609.79, subdivision 1a; 609.795, subdivision 
          2; 611A.57, subdivision 1; and 629.40, subdivision 5. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1 

                        SAFE STREETS AND SCHOOLS 
    Section 1.  [121.207] [REPORTS OF DANGEROUS WEAPON 
INCIDENTS IN SCHOOL ZONES.] 
    Subdivision 1.  [DEFINITIONS.] As used in this section: 
    (1) "dangerous weapon" has the meaning given it in section 
609.02, subdivision 6; 
    (2) "school" has the meaning given it in section 120.101, 
subdivision 4; and 
    (3) "school zone" has the meaning given it in section 
152.01, subdivision 14a, clauses (1) and (3). 
    Subd. 2.  [REPORTS; CONTENT.] On or before January 1, 1994, 
the commissioner of education, in consultation with the criminal 
and juvenile information policy group, shall develop a 
standardized form to be used by schools to report incidents 
involving the use or possession of a dangerous weapon in school 
zones.  The form shall include the following information: 
    (1) a description of each incident, including a description 
of the dangerous weapon involved in the incident; 
    (2) where, at what time, and under what circumstances the 
incident occurred; 
    (3) information about the offender, other than the 
offender's name, including the offender's age; whether the 
offender was a student and, if so, where the offender attended 
school; and whether the offender was under school expulsion or 
suspension at the time of the incident; 
    (4) information about the victim other than the victim's 
name, if any, including the victim's age; whether the victim was 
a student and, if so, where the victim attended school; and if 
the victim was not a student, whether the victim was employed at 
the school; 
    (5) the cost of the incident to the school and to the 
victim; and 
    (6) the action taken by the school administration to 
respond to the incident. 
    Subd. 3.  [REPORTS; FILING REQUIREMENTS.] By February 1 and 
July 1 of each year, each school shall report incidents 
involving the use or possession of a dangerous weapon in school 
zones to the commissioner of education.  The reports shall be 
made on the standardized forms developed by the commissioner 
under subdivision 2.  The commissioner shall compile the 
information it receives from the schools and report it annually 
to the commissioner of public safety, the criminal and juvenile 
information policy group, and the legislature. 
    Sec. 2.  Minnesota Statutes 1992, section 260.185, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [POSSESSION OF FIREARM OR DANGEROUS WEAPON.] If 
the child is petitioned and found delinquent by the court, and 
the court also finds that the child was in possession of a 
firearm at the time of the offense, in addition to any other 
disposition the court shall order that the firearm be 
immediately seized and shall order that the child be required to 
serve at least 100 hours of community work service unless the 
child is placed in a residential treatment program or a juvenile 
correctional facility.  If the child is petitioned and found 
delinquent by the court, and the court finds that the child was 
in possession of a dangerous weapon in a school zone, as defined 
in section 152.01, subdivision 14a, clauses (1) and (3), at the 
time of the offense, the court also shall order that the child's 
driver's license be canceled or driving privileges denied until 
the child's 18th birthday.  The court shall send a copy of its 
order to the commissioner of public safety and, upon receipt of 
the order, the commissioner is authorized to cancel the child's 
driver's license or deny the child's driving privileges without 
a hearing. 
    Sec. 3.  [471.635] [ZONING ORDINANCES.] 
    Notwithstanding section 471.633, a governmental subdivision 
may regulate by reasonable, nondiscriminatory, and nonarbitrary 
zoning ordinances, the location of businesses where firearms are 
sold by a firearms dealer. 
    Sec. 4.  Minnesota Statutes 1992, section 609.06, is 
amended to read: 
    609.06 [AUTHORIZED USE OF FORCE.] 
    Reasonable force may be used upon or toward the person of 
another without the other's consent when the following 
circumstances exist or the actor reasonably believes them to 
exist: 
    (1) When used by a public officer or one assisting a public 
officer under the public officer's direction: 
    (a) In effecting a lawful arrest; or 
    (b) In the execution of legal process; or 
    (c) In enforcing an order of the court; or 
    (d) In executing any other duty imposed upon the public 
officer by law; or 
    (2) When used by a person not a public officer in arresting 
another in the cases and in the manner provided by law and 
delivering the other to an officer competent to receive the 
other into custody; or 
    (3) When used by any person in resisting or aiding another 
to resist an offense against the person; or 
    (4) When used by any person in lawful possession of real or 
personal property, or by another assisting the person in lawful 
possession, in resisting a trespass upon or other unlawful 
interference with such property; or 
    (5) When used by any person to prevent the escape, or to 
retake following the escape, of a person lawfully held on a 
charge or conviction of a crime; or 
    (6) When used by a parent, guardian, teacher or other 
lawful custodian of a child or pupil, in the exercise of lawful 
authority, to restrain or correct such child or pupil; or 
    (7) When used by a school employee or school bus driver, in 
the exercise of lawful authority, to restrain a child or pupil, 
or to prevent bodily harm or death to another; or 
    (8) When used by a common carrier in expelling a passenger 
who refuses to obey a lawful requirement for the conduct of 
passengers and reasonable care is exercised with regard to the 
passenger's personal safety; or 
    (8) (9) When used to restrain a mentally ill or mentally 
defective person from self-injury or injury to another or when 
used by one with authority to do so to compel compliance with 
reasonable requirements for the person's control, conduct or 
treatment; or 
    (9) (10) When used by a public or private institution 
providing custody or treatment against one lawfully committed to 
it to compel compliance with reasonable requirements for the 
control, conduct or treatment of the committed person.  
    Sec. 5.  Minnesota Statutes 1992, section 609.531, is 
amended to read: 
    609.531 [FORFEITURES.] 
    Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
609.531 to 609.5317 609.5318, the following terms have the 
meanings given them.  
    (a) "Conveyance device" means a device used for 
transportation and includes, but is not limited to, a motor 
vehicle, trailer, snowmobile, airplane, and vessel and any 
equipment attached to it.  The term "conveyance device" does not 
include property which is, in fact, itself stolen or taken in 
violation of the law.  
    (b) "Weapon used" means a 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, the department of natural resources division of 
enforcement, the University of Minnesota police department, or a 
city or airport police department.  
    (f) "Designated offense" includes:  
    (1) for weapons used:  any violation of this chapter; 
    (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; 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; 609.66, subdivision 1e; 609.671, 
subdivisions 3, 4, 5, 8, and 12; 609.687; 609.821; 609.825; 
609.86; 609.88; 609.89; 609.893; 617.246; or a gross misdemeanor 
or felony violation of section 609.891 or 624.7181.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4. 
    Subd. 1a.  [CONSTRUCTION.] Sections 609.531 to 609.5317 
609.5318 must be liberally construed to carry out the following 
remedial purposes: 
    (1) to enforce the law; 
    (2) to deter crime; 
    (3) to reduce the economic incentive to engage in criminal 
enterprise; 
    (4) to increase the pecuniary loss resulting from the 
detection of criminal activity; and 
    (5) to forfeit property unlawfully used or acquired and 
divert the property to law enforcement purposes. 
    Subd. 4.  [SEIZURE.] Property subject to forfeiture under 
sections 609.531 to 609.5317 609.5318 may be seized by the 
appropriate agency upon process issued by any court having 
jurisdiction over the property.  Property may be seized without 
process if: 
    (1) the seizure is incident to a lawful arrest or a lawful 
search; 
    (2) the property subject to seizure has been the subject of 
a prior judgment in favor of the state in a criminal injunction 
or forfeiture proceeding under this chapter; or 
    (3) the appropriate agency has probable cause to believe 
that the delay occasioned by the necessity to obtain process 
would result in the removal or destruction of the property and 
that:  
    (i) the property was used or is intended to be used in 
commission of a felony; or 
    (ii) the property is dangerous to health or safety.  
    If property is seized without process under clause (3), 
subclause (i), the county attorney must institute a forfeiture 
action under section 609.5313 as soon as is reasonably possible. 
    Subd. 5.  [RIGHT TO POSSESSION VESTS IMMEDIATELY; CUSTODY 
OF SEIZED PROPERTY.] All right, title, and interest in property 
subject to forfeiture under sections 609.531 to 609.5317 
609.5318 vests in the appropriate agency upon commission of the 
act or omission giving rise to the forfeiture.  Any property 
seized under sections 609.531 to 609.5316 609.5318 is not 
subject to replevin, but is deemed to be in the custody of the 
appropriate agency subject to the orders and decrees of the 
court having jurisdiction over the forfeiture proceedings.  When 
property is so seized, the appropriate agency may:  
    (1) place the property under seal; 
    (2) remove the property to a place designated by it; 
    (3) in the case of controlled substances, require the state 
board of pharmacy to take custody of the property and remove it 
to an appropriate location for disposition in accordance with 
law; and 
    (4) take other steps reasonable and necessary to secure the 
property and prevent waste.  
    Subd. 5a.  [BOND BY OWNER FOR POSSESSION.] If the owner of 
property that has been seized under sections 609.531 to 609.5317 
609.5318 seeks possession of the property before the forfeiture 
action is determined, the owner may, subject to the approval of 
the appropriate agency, give security or post bond payable to 
the appropriate agency in an amount equal to the retail value of 
the seized property.  On posting the security or bond, the 
seized property must be returned to the owner and the forfeiture 
action shall proceed against the security as if it were the 
seized property.  This subdivision does not apply to contraband 
property.  
    Subd. 6a.  [FORFEITURE A CIVIL PROCEDURE; CONVICTION 
RESULTS IN PRESUMPTION.] (a) An action for forfeiture is a civil 
in rem action and is independent of any criminal prosecution, 
except as provided in this subdivision and section 609.5318.  
The appropriate agency handling the forfeiture has the benefit 
of the evidentiary presumption of section 609.5314, subdivision 
1, but otherwise bears the burden of proving the act or omission 
giving rise to the forfeiture by clear and convincing evidence, 
except that in cases arising under section 609.5312, the 
designated offense may only be established by a felony level 
criminal conviction.  
    (b) A court may not issue an order of forfeiture under 
section 609.5311 while the alleged owner of the property is in 
custody and related criminal proceedings are pending against the 
alleged owner.  For forfeiture of a motor vehicle, the alleged 
owner is the registered owner according to records of the 
department of public safety.  For real property, the alleged 
owner is the owner of record.  For other property, the alleged 
owner is the person notified by the prosecuting authority in 
filing the forfeiture action. 
    Sec. 6.  Minnesota Statutes 1992, section 609.5311, 
subdivision 3, is amended to read: 
    Subd. 3.  [LIMITATIONS ON FORFEITURE OF CERTAIN PROPERTY 
ASSOCIATED WITH CONTROLLED SUBSTANCES.] (a) A conveyance device 
is subject to forfeiture under this section only if the retail 
value of the controlled substance is $25 or more and the 
conveyance device is associated with a felony-level controlled 
substance crime. 
    (b) Real property is subject to forfeiture under this 
section only if the retail value of the controlled substance or 
contraband is $1,000 or more. 
    (c) Property used by any person as a common carrier in the 
transaction of business as a common carrier is subject to 
forfeiture under this section only if the owner of the property 
is a consenting party to, or is privy to, the use or intended 
use of the property as described in subdivision 2. 
    (d) Property is subject to forfeiture under this section 
only if its owner was privy to the use or intended use described 
in subdivision 2, or the unlawful use or intended use of the 
property otherwise occurred with the owner's knowledge or 
consent. 
    (e) Forfeiture under this section of a conveyance device or 
real property encumbered by a bona fide security interest is 
subject to the interest of the secured party unless the secured 
party had knowledge of or consented to the act or omission upon 
which the forfeiture is based.  A person claiming a security 
interest bears the burden of establishing that interest by clear 
and convincing evidence.  
    (f) 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:  (1) if the owner or secured party took reasonable 
steps to terminate use of the property by the offender; or (2) 
the property is real property owned by the parent of the 
offender, unless the parent actively participated in, or 
knowingly acquiesced to, a violation of chapter 152, or the real 
property constitutes proceeds derived from or traceable to a use 
described in subdivision 2. 
    Sec. 7.  Minnesota Statutes 1992, section 609.5312, 
subdivision 2, is amended to read: 
    Subd. 2.  [LIMITATIONS ON FORFEITURE OF PROPERTY ASSOCIATED 
WITH DESIGNATED OFFENSES.] (a) Property used by a 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 commission of a designated offense. 
    (b) Property is subject to forfeiture under this 
subdivision section only if the owner was privy to the act or 
omission upon which the forfeiture is based, or the act or 
omission occurred with the owner's knowledge or consent. 
    (c) Property encumbered by a bona fide security interest is 
subject to the interest of the secured party unless the 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. 
    (d) Notwithstanding paragraphs (b) and (c), property is not 
subject to forfeiture based solely on the owner's or secured 
party's knowledge of the act or omission upon which the 
forfeiture is based if the owner or secured party took 
reasonable steps to terminate use of the property by the 
offender. 
    Sec. 8.  Minnesota Statutes 1992, 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 $100 or more if possession or sale of the 
controlled substance would be a felony under chapter 152; and 
    (3) all firearms, ammunition, and firearm accessories found:
    (i) in a conveyance device used or intended for use to 
commit or facilitate the commission of a felony offense 
involving a controlled substance; 
    (ii) on or in proximity to a person from whom a felony 
amount of controlled substance is seized; or 
    (iii) on the premises where a controlled substance is 
seized and in proximity to the controlled substance, if 
possession or sale of the controlled substance would be a felony 
under chapter 152. 
    (b) A claimant of the property bears the burden to rebut 
this presumption. 
    Sec. 9.  Minnesota Statutes 1992, section 609.5314, 
subdivision 3, is amended to read: 
    Subd. 3.  [JUDICIAL DETERMINATION.] (a) Within 60 days 
following service of a notice of seizure and forfeiture under 
this section, a claimant may file a demand for a judicial 
determination of the forfeiture.  The demand must be in the form 
of a civil complaint and must be filed with the court 
administrator in the county in which the seizure occurred, 
together with proof of service of a copy of the complaint on the 
county attorney for that county, and the standard filing fee for 
civil actions unless the petitioner has the right to sue in 
forma pauperis under section 563.01.  If the value of the seized 
property is less than $500, the claimant may file an action in 
conciliation court for recovery of the seized property without 
paying the conciliation court filing fee.  No responsive 
pleading is required of the county attorney and no court fees 
may be charged for the county attorney's appearance in the 
matter.  The proceedings are governed by the rules of civil 
procedure. 
     (b) The complaint must be captioned in the name of the 
claimant as plaintiff, and the seized property as defendant, and 
must state with specificity the grounds on which the claimant 
alleges the property was improperly seized and stating the 
plaintiff's interest in the property seized.  Notwithstanding 
any law to the contrary, an action for the return of property 
seized under this section may not be maintained by or on behalf 
of any person who has been served with a notice of seizure and 
forfeiture unless the person has complied with this subdivision. 
    (c) If the claimant makes a timely demand for judicial 
determination under this subdivision, the appropriate agency 
must conduct the forfeiture under section 609.531, subdivision 
6a. 
    (d) If a demand for judicial determination of an 
administrative forfeiture is filed under this subdivision and 
the court orders the return of the seized property, the court 
shall order that filing fees be reimbursed to the person who 
filed the demand.  In addition, the court may order the payment 
of reasonable costs, expenses, and attorney fees under section 
549.21, subdivision 2.  If the court orders payment of these 
costs, they must be paid from forfeited money or proceeds from 
the sale of forfeited property from the appropriate law 
enforcement and prosecuting agencies in the same proportion as 
they would be distributed under section 609.5315, subdivision 5. 
    Sec. 10.  Minnesota Statutes 1992, section 609.5315, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DISPOSITION.] If the court finds under 
section 609.5313, or 609.5314, or 609.5318 that the property is 
subject to forfeiture, it 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. 11.  Minnesota Statutes 1992, section 609.5315, 
subdivision 2, is amended to read: 
    Subd. 2.  [DISPOSITION OF ADMINISTRATIVELY FORFEITED 
PROPERTY.] If property is forfeited administratively under 
section 609.5314 or 609.5318 and no demand for judicial 
determination is made, the appropriate agency may dispose of the 
property in any of the ways listed in subdivision 1. 
    Sec. 12.  Minnesota Statutes 1992, section 609.5315, 
subdivision 4, is amended to read: 
    Subd. 4.  [DISTRIBUTION OF PROCEEDS OF THE OFFENSE.] 
Property that consists of proceeds derived from or traced to the 
commission of a designated offense or a violation of section 
609.66, subdivision 1e, must be applied first to payment of 
seizure, storage, forfeiture, and sale expenses, and to satisfy 
valid liens against the property; and second, to any 
court-ordered restitution before being disbursed as provided 
under subdivision 5. 
    Sec. 13.  [609.5318] [FORFEITURE OF VEHICLES USED IN 
DRIVE-BY SHOOTINGS.] 
    Subdivision 1.  [MOTOR VEHICLES SUBJECT TO FORFEITURE.] A 
motor vehicle is subject to forfeiture under this section if the 
prosecutor establishes by clear and convincing evidence that the 
vehicle was used in a violation of section 609.66, subdivision 
1e.  The prosecutor need not establish that any individual was 
convicted of the violation, but a conviction of the owner for a 
violation of section 609.66, subdivision 1e, creates a 
presumption that the device was used in the violation. 
    Subd. 2.  [NOTICE.] The registered owner of the vehicle 
must be notified of the seizure and intent to forfeit the 
vehicle within seven days after the seizure.  Notice by 
certified mail to the address shown in department of public 
safety records is deemed to be sufficient notice to the 
registered owner.  Notice must be given in the manner required 
by section 609.5314, subdivision 2, paragraph (b), and must 
specify that a request for a judicial determination of the 
forfeiture must be made within 60 days following the service of 
the notice.  If related criminal proceedings are pending, the 
notice must also state that a request for a judicial 
determination of the forfeiture must be made within 60 days 
following the conclusion of those proceedings. 
    Subd. 3.  [HEARING] (a) Within 60 days following service of 
a notice of seizure and forfeiture, a claimant may demand a 
judicial determination of the forfeiture.  If a related criminal 
proceeding is pending, the 60-day period begins to run at the 
conclusion of those proceedings.  The demand must be in the form 
of a civil complaint as provided in section 609.5314, 
subdivision 3, except as otherwise provided in this section. 
    (b) If the claimant makes a timely demand for judicial 
determination under this subdivision, the appropriate agency 
must conduct the forfeiture under subdivision 4. 
    Subd. 4.  [PROCEDURE.] (a) If a judicial determination of 
the forfeiture is requested, a separate complaint must be filed 
against the vehicle, stating the specific act giving rise to the 
forfeiture and the date, time, and place of the act.  The action 
must be captioned in the name of the county attorney or the 
county attorney's designee as plaintiff and the property as 
defendant. 
    (b) If a demand for judicial determination of an 
administrative forfeiture is filed and the court orders the 
return of the seized property, the court shall order that filing 
fees be reimbursed to the person who filed the demand.  In 
addition, the court may order the payment of reasonable costs, 
expenses, attorney fees, and towing and storage fees.  If the 
court orders payment of these costs, they must be paid from 
forfeited money or proceeds from the sale of forfeited property 
from the appropriate law enforcement and prosecuting agencies in 
the same proportion as they would be distributed under section 
609.5315, subdivision 5. 
    Subd. 5.  [LIMITATIONS.] (a) A vehicle used by a 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 is a consenting party to, or is privy to, the commission 
of the act giving rise to the forfeiture. 
    (b) A vehicle is subject to forfeiture under this section 
only if the registered owner was privy to the act upon which the 
forfeiture is based, the act occurred with the owner's knowledge 
or consent, or the act occurred due to the owner's gross 
negligence in allowing another to use the vehicle. 
    (c) A vehicle encumbered by a bona fide security interest 
is subject to the interest of the secured party unless the party 
had knowledge of or consented to the act upon which the 
forfeiture is based.  A person claiming a security interest 
bears the burden of establishing that interest by clear and 
convincing evidence. 
    Sec. 14.  Minnesota Statutes 1992, section 609.605, is 
amended by adding a subdivision to read: 
    Subd. 4.  [TRESPASSES ON SCHOOL PROPERTY.] (a) It is a 
misdemeanor for a person to enter or be found in a public or 
nonpublic elementary, middle, or secondary school building 
unless the person: 
    (1) is an enrolled student in, a parent or guardian of an 
enrolled student in, or an employee of the school or school 
district; 
    (2) has permission or an invitation from a school official 
to be in the building; 
    (3) is attending a school event, class, or meeting to which 
the person, the public, or a student's family is invited; or 
    (4) has reported the person's presence in the school 
building in the manner required for visitors to the school. 
    (b) It is a misdemeanor for a person to enter or be found 
on school property within six months after being told by the 
school principal or the principal's designee to leave the 
property and not to return, unless the principal or the 
principal's designee has given the person permission to return 
to the property.  As used in this paragraph, "school property" 
has the meaning given in section 152.01, subdivision 14a, 
clauses (1) and (3). 
    (c) A school principal or a school employee designated by 
the school principal to maintain order on school property, who 
has reasonable cause to believe that a person is violating this 
subdivision may detain the person in a reasonable manner for a 
reasonable period of time pending the arrival of a peace 
officer.  A school principal or designated school employee is 
not civilly or criminally liable for any action authorized under 
this paragraph if the person's action is based on reasonable 
cause. 
    (d) A peace officer may arrest a person without a warrant 
if the officer has probable cause to believe the person violated 
this subdivision within the preceding four hours.  The arrest 
may be made even though the violation did not occur in the peace 
officer's presence. 
    Sec. 15.  Minnesota Statutes 1992, section 609.66, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
DISCHARGE.] (a) Whoever does any of the following is guilty of a 
felony and may be sentenced as provided in paragraph (b): 
    (1) sells or has in possession any device designed to 
silence or muffle the discharge of a firearm; or 
    (2) intentionally discharges a firearm under circumstances 
that endanger the safety of another; or 
    (3) recklessly discharges a firearm within a municipality. 
    (b) A person convicted under paragraph (a) may be sentenced 
as follows: 
    (1) if the act was committed in a public housing zone, as 
defined in section 152.01, subdivision 19, a school zone, as 
defined in section 152.01, subdivision 14a, or a park zone, as 
defined in section 152.01, subdivision 12a, to imprisonment for 
not more than five years or to payment of a fine of not more 
than $10,000, or both; or 
    (2) otherwise, to imprisonment for not more than two years 
or to payment of a fine of not more than $5,000, or both. 
    Sec. 16.  Minnesota Statutes 1992, section 609.66, is 
amended by adding a subdivision to read: 
    Subd. 1d.  [FELONY; POSSESSION ON SCHOOL PROPERTY.] (a) 
Whoever possesses, stores, or keeps a dangerous weapon as 
defined in section 609.02, subdivision 6, on school property is 
guilty of a felony and may be sentenced to imprisonment for not 
more than two years or to payment of a fine of not more than 
$5,000, or both. 
    (b) As used in this subdivision, "school property" means: 
    (1) a public or private elementary, middle, or secondary 
school building and its grounds, whether leased or owned by the 
school; and 
    (2) the area within a school bus when that bus is being 
used to transport one or more elementary, middle, or secondary 
school students. 
    (c) This subdivision does not apply to: 
    (1) licensed peace officers, military personnel, or 
students participating in military training, who are performing 
official duties; 
    (2) persons who carry pistols according to the terms of a 
permit; 
    (3) persons who keep or store in a motor vehicle pistols in 
accordance with sections 624.714 and 624.715 or other firearms 
in accordance with section 97B.045; 
    (4) firearm safety or marksmanship courses or activities 
conducted on school property; 
    (5) possession of dangerous weapons by a ceremonial color 
guard; 
    (6) a gun or knife show held on school property; or 
    (7) possession of dangerous weapons with written permission 
of the principal. 
    Sec. 17.  Minnesota Statutes 1992, section 609.66, is 
amended by adding a subdivision to read: 
    Subd. 1e.  [FELONY; DRIVE-BY SHOOTING.] (a) Whoever, while 
in or having just exited from a motor vehicle, recklessly 
discharges a firearm at or toward a person, another motor 
vehicle, or a building 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 $6,000, or both.  If the 
vehicle or building is occupied, the person 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) For purposes of this subdivision, "motor vehicle" has 
the meaning given in section 609.52, subdivision 1, and 
"building" has the meaning given in section 609.581, subdivision 
2. 
    Sec. 18.  [609.666] [NEGLIGENT STORAGE OF FIREARMS.] 
    Subdivision 1.  [DEFINITIONS.] For purposes of this 
section, the following words have the meanings given. 
    (a) "Firearm" means a device designed to be used as a 
weapon, from which is expelled a projectile by the force of any 
explosion or force of combustion. 
    (b) "Child" means a person under the age of 14 years. 
    (c) "Loaded" means the firearm has ammunition in the 
chamber or magazine, if the magazine is in the firearm, unless 
the firearm is incapable of being fired by a child who is likely 
to gain access to the firearm. 
    Subd. 2.  [ACCESS TO FIREARMS.] A person is guilty of a 
gross misdemeanor who negligently stores or leaves a loaded 
firearm in a location where the person knows, or reasonably 
should know, that a child is likely to gain access, unless 
reasonable action is taken to secure the firearm against access 
by the child. 
    Subd. 3.  [LIMITATIONS.] Subdivision 2 does not apply to a 
child's access to firearms that was obtained as a result of an 
unlawful entry. 
    Sec. 19.  Minnesota Statutes 1992, section 609.67, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITION DEFINITIONS.] (a) "Machine gun" 
means any firearm designed to discharge, or capable of 
discharging automatically more than once by a single function of 
the trigger.  
    (b) "Shotgun" means a weapon designed, redesigned, made or 
remade which is intended to be fired from the shoulder and uses 
the energy of the explosive in a fixed shotgun shell to fire 
through a smooth bore either a number of ball shot or a single 
projectile for each single pull of the trigger. 
    (c) "Short-barreled shotgun" means a shotgun having one or 
more barrels less than 18 inches in length and any weapon made 
from a shotgun if such weapon as modified has an overall length 
less than 26 inches. 
    (d) "Trigger activator" means a removable manual or power 
driven trigger activating device constructed and designed so 
that, when attached to a firearm, the rate at which the trigger 
may be pulled increases and the rate of fire of the firearm 
increases to that of a machine gun. 
    (e) "Machine gun conversion kit" means any part or 
combination of parts designed and intended for use in converting 
a weapon into a machine gun, and any combination of parts from 
which a machine gun can be assembled, but does not include a 
spare or replacement part for a machine gun that is possessed 
lawfully under section 609.67, subdivision 1. 
    Sec. 20.  Minnesota Statutes 1992, section 609.67, 
subdivision 2, is amended to read: 
    Subd. 2.  [ACTS PROHIBITED.] Except as otherwise provided 
herein, whoever owns, possesses, or operates a machine gun, any 
trigger activator or machine gun conversion kit, or a 
short-barreled shotgun may be sentenced to imprisonment for not 
more than five years or to payment of a fine of not more than 
$10,000, or both. 
    Sec. 21.  [609.672] [PERMISSIVE INFERENCE; FIREARMS IN 
AUTOMOBILES.] 
    The presence of a firearm in a passenger automobile permits 
the factfinder to infer knowing possession of the firearm by the 
driver or person in control of the automobile when the firearm 
was in the automobile.  The inference does not apply: 
    (1) to a 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 firearm; or 
    (3) when the firearm is concealed on the person of one of 
the occupants. 
     Sec. 22.  Minnesota Statutes 1992, section 624.711, is 
amended to read: 
    624.711 [DECLARATION OF POLICY.] 
    It is not the intent of the legislature to regulate 
shotguns, rifles and other longguns of the type commonly used 
for hunting and not defined as pistols or semiautomatic 
military-style assault weapons, or to place costs of 
administration upon those citizens who wish to possess or carry 
pistols or semiautomatic military-style assault weapons 
lawfully, or to confiscate or otherwise restrict the use of 
pistols or semiautomatic military-style assault weapons by 
law-abiding citizens. 
    Sec. 23.  Minnesota Statutes 1992, section 624.712, 
subdivision 5, is amended to read: 
    Subd. 5.  "Crime of violence" includes murder in the first, 
second, and third degrees, manslaughter in the first and second 
degrees, aiding suicide, aiding attempted suicide, felony 
violations of assault in the first, second, third, and fourth 
degrees, terroristic threats, use of drugs to injure or to 
facilitate crime, simple robbery, aggravated robbery, 
kidnapping, false imprisonment, criminal sexual conduct in the 
first, second, third, and fourth degrees, felonious theft of a 
firearm, arson in the first and second degrees, riot, burglary 
in the first, second, third, and fourth degrees, reckless use of 
a gun or dangerous weapon, intentionally pointing a gun at or 
towards a human being, setting a spring gun, and unlawfully 
owning, possessing, or operating a machine gun or short-barreled 
shotgun, and an attempt to commit any of these offenses, as each 
of those offenses is defined in chapter 609.  "Crime of 
violence" also includes felony violations of chapter 152. 
    Sec. 24.  Minnesota Statutes 1992, section 624.712, 
subdivision 6, is amended to read: 
    Subd. 6.  "Transfer" means a sale, gift, loan, assignment 
or other delivery to another, whether or not for consideration, 
of a pistol or semiautomatic military-style assault weapon or 
the frame or receiver of a pistol or semiautomatic 
military-style assault weapon. 
    Sec. 25.  Minnesota Statutes 1992, section 624.712, is 
amended by adding a subdivision to read: 
    Subd. 7.  "Semiautomatic military-style assault weapon" 
means: 
    (1) any of the following firearms: 
    (i) Avtomat Kalashnikov (AK-47) semiautomatic rifle type; 
    (ii) Beretta AR-70 and BM-59 semiautomatic rifle types; 
    (iii) Colt AR-15 semiautomatic rifle type; 
    (iv) Daewoo Max-1 and Max-2 semiautomatic rifle types; 
    (v) Famas MAS semiautomatic rifle type; 
    (vi) Fabrique Nationale FN-LAR and FN-FNC semiautomatic 
rifle types; 
    (vii) Galil semiautomatic rifle type; 
    (viii) Heckler & Koch HK-91, HK-93, and HK-94 semiautomatic 
rifle types; 
    (ix) Ingram MAC-10 and MAC-11 semiautomatic pistol and 
carbine types; 
    (x) Intratec TEC-9 semiautomatic pistol type; 
    (xi) Sigarms SIG 550SP and SIG 551SP semiautomatic rifle 
types; 
    (xii) SKS with detachable magazine semiautomatic rifle 
type; 
    (xiii) Steyr AUG semiautomatic rifle type; 
    (xiv) Street Sweeper and Striker-12 revolving-cylinder 
shotgun types; 
    (xv) USAS-12 semiautomatic shotgun type; 
    (xvi) Uzi semiautomatic pistol and carbine types; or 
    (xvii) Valmet M76 and M78 semiautomatic rifle types; 
    (2) any firearm that is another model made by the same 
manufacturer as one of the firearms listed in clause (1), and 
has the same action design as one of the listed firearms, and is 
a redesigned, renamed, or renumbered version of one of the 
firearms listed in clause (1), or has a slight modification or 
enhancement, including but not limited to a folding or 
retractable stock; adjustable sight; case deflector for 
left-handed shooters; shorter barrel; wooden, plastic, or metal 
stock; larger clip size; different caliber; or a bayonet mount; 
and 
    (3) any firearm that has been manufactured or sold by 
another company under a licensing agreement with a manufacturer 
of one of the firearms listed in clause (1) entered into after 
the effective date of this act to manufacture or sell firearms 
that are identical or nearly identical to those listed in clause 
(1), or described in clause (2), regardless of the company of 
production or country of origin. 
    The weapons listed in clause (1), except those listed in 
items (iii), (ix), (x), (xiv), and (xv), are the weapons the 
importation of which was barred by the Bureau of Alcohol, 
Tobacco, and Firearms of the United States Department of the 
Treasury in July 1989. 
    Except as otherwise specifically provided in paragraph (d), 
a firearm is not a "semiautomatic military-style assault weapon" 
if it is generally recognized as particularly suitable for or 
readily adaptable to sporting purposes under United States Code, 
title 18, section 925, paragraph (d)(3), or any regulations 
adopted pursuant to that law. 
     Sec. 26.  Minnesota Statutes 1992, section 624.712, is 
amended by adding a subdivision to read: 
    Subd. 8.  [INCLUDED WEAPONS.] By August 1, 1993, and 
annually thereafter, the superintendent of the bureau of 
criminal apprehension shall publish a current authoritative list 
of the firearms included within the definition of "semiautomatic 
military-style assault weapon" under this section.  Dealers, 
purchasers, and other persons may rely on the list in complying 
with this chapter. 
    Sec. 27.  Minnesota Statutes 1992, section 624.713, is 
amended to read: 
    624.713 [CERTAIN PERSONS NOT TO HAVE PISTOLS OR 
SEMIAUTOMATIC MILITARY-STYLE ASSAULT WEAPONS; PENALTY.] 
    Subdivision 1.  [INELIGIBLE PERSONS.] The following persons 
shall not be entitled to possess a pistol or semiautomatic 
military-style assault weapon: 
    (a) a person under the age of 18 years except that a person 
under 18 may carry or possess a pistol or semiautomatic 
military-style assault weapon (i) in the actual presence or 
under the direct supervision of the person's parent or guardian, 
(ii) for the purpose of military drill under the auspices of a 
legally recognized military organization and under competent 
supervision, (iii) for the purpose of instruction, competition, 
or target practice on a firing range approved by the chief of 
police or county sheriff in whose jurisdiction the range is 
located and under direct supervision; or (iv) if the person has 
successfully completed a course designed to teach marksmanship 
and safety with a pistol or semiautomatic military-style assault 
weapon and approved by the commissioner of natural resources; 
    (b) a person who has been convicted in this state or 
elsewhere of a crime of violence unless ten years have elapsed 
since the person has been restored to civil rights or the 
sentence has expired, whichever occurs first, and during that 
time the person has not been convicted of any other crime of 
violence.  For purposes of this section, crime of violence 
includes crimes in other states or jurisdictions which would 
have been crimes of violence as herein defined if they had been 
committed in this state; 
    (c) a person who is or has ever been confined or committed 
in Minnesota or elsewhere as a "mentally ill," "mentally 
retarded," or "mentally ill and dangerous to the public" person 
as defined in section 253B.02, to a treatment facility, unless 
the person possesses a certificate of a medical doctor or 
psychiatrist licensed in Minnesota, or other satisfactory proof 
that the person is no longer suffering from this disability; 
    (d) a person who has been convicted in Minnesota or 
elsewhere for the unlawful use, possession, or sale of a 
controlled substance other than conviction for possession of a 
small amount of marijuana, as defined in section 152.01, 
subdivision 16 of a misdemeanor or gross misdemeanor violation 
of chapter 152, or a person who is or has ever been hospitalized 
or committed for treatment for the habitual use of a controlled 
substance or marijuana, as defined in sections 152.01 and 
152.02, unless the person possesses a certificate of a medical 
doctor or psychiatrist licensed in Minnesota, or other 
satisfactory proof, that the person has not abused a controlled 
substance or marijuana during the previous two years; 
    (e) a person who has been confined or committed to a 
treatment facility in Minnesota or elsewhere as "chemically 
dependent" as defined in section 253B.02, unless the person has 
completed treatment.  Property rights may not be abated but 
access may be restricted by the courts; or 
    (f) a peace officer who is informally admitted to a 
treatment facility pursuant to section 253B.04 for chemical 
dependency, unless the officer possesses a certificate from the 
head of the treatment facility discharging or provisionally 
discharging the officer from the treatment facility.  Property 
rights may not be abated but access may be restricted by the 
courts; 
    (g) a person who has been charged with committing a crime 
of violence and has been placed in a pretrial diversion program 
by the court before disposition, until the person has completed 
the diversion program and the charge of committing the crime of 
violence has been dismissed; or 
    (h) a person who has been convicted in another state of 
committing an offense similar to the offense described in 
section 609.224 against a family or household member, unless 
three years have elapsed since the date of conviction and, 
during that time, the person has not been convicted of any other 
violation of section 609.224 or a similar law of another state. 
    A person who issues a certificate pursuant to this 
subdivision in good faith is not liable for damages resulting or 
arising from the actions or misconduct with a firearm committed 
by the individual who is the subject of the certificate. 
    Subd. 2.  [PENALTIES.] A person named in subdivision 1, 
clause (a) or (b), who possesses a pistol or semiautomatic 
military-style assault weapon is guilty of a felony.  A person 
named in any other clause of subdivision 1 who possesses a 
pistol or semiautomatic military-style assault weapon is guilty 
of a gross misdemeanor.  
    Subd. 3.  [NOTICE TO CONVICTED PERSONS.] (a) When a person 
is convicted of a crime of violence as defined in section 
624.712, subdivision 5, the court shall inform the defendant 
that the defendant is prohibited from possessing a pistol or 
semiautomatic military-style assault weapon for a period of ten 
years after the person was restored to civil rights or since the 
sentence has expired, whichever occurs first, and that it is a 
felony offense to violate this prohibition.  The failure of the 
court to provide this information to a defendant does not affect 
the applicability of the pistol or semiautomatic military-style 
assault weapon possession prohibition or the felony penalty to 
that defendant. 
    (b) When a person is charged with committing a crime of 
violence and is placed in a pretrial diversion program by the 
court before disposition, the court shall inform the defendant 
that:  (1) the defendant is prohibited from possessing a pistol 
or semiautomatic military-style assault weapon until the person 
has completed the diversion program and the charge of committing 
a crime of violence has been dismissed; (2) it is a gross 
misdemeanor offense to violate this prohibition; and (3) if the 
defendant violates this condition of participation in the 
diversion program, the charge of committing a crime of violence 
may be prosecuted.  The failure of the court to provide this 
information to a defendant does not affect the applicability of 
the pistol or semiautomatic military-style assault weapon 
possession prohibition or the gross misdemeanor penalty to that 
defendant. 
    Sec. 28.  Minnesota Statutes 1992, section 624.7131, 
subdivision 1, is amended to read: 
    Subdivision 1.  [INFORMATION.] Any person may apply for 
a pistol transferee permit by providing the following 
information in writing to the chief of police of an organized 
full time police department of the municipality in which the 
person resides or to the county sheriff if there is no such 
local chief of police: 
    (a) the name, residence, telephone number and driver's 
license number or nonqualification certificate number, if any, 
of the proposed transferee; 
    (b) the sex, date of birth, height, weight and color of 
eyes, and distinguishing physical characteristics, if any, of 
the proposed transferee; and 
    (c) a statement by the proposed transferee that the 
proposed transferee is not prohibited by section 624.713 from 
possessing a pistol or semiautomatic military-style assault 
weapon. 
    The statement shall be signed by the person applying for a 
permit.  At the time of application, the local police authority 
shall provide the applicant with a dated receipt for the 
application. 
    Sec. 29.  Minnesota Statutes 1992, section 624.7131, 
subdivision 4, is amended to read: 
    Subd. 4.  [GROUNDS FOR DISQUALIFICATION.] A determination 
by the chief of police or sheriff that the applicant is 
prohibited by section 624.713 from possessing a pistol or 
semiautomatic military-style assault weapon shall be the only 
basis for refusal to grant a transferee permit. 
    Sec. 30.  Minnesota Statutes 1992, section 624.7131, 
subdivision 10, is amended to read: 
    Subd. 10.  [TRANSFER REPORT NOT REQUIRED.] A person who 
transfers a pistol or semiautomatic military-style assault 
weapon to a licensed peace officer, as defined in section 
626.84, subdivision 1, exhibiting a valid peace officer 
identification, or to a person exhibiting a valid transferee 
permit issued pursuant to this section or a valid permit to 
carry issued pursuant to section 624.714 is not required to file 
a transfer report pursuant to section 624.7132, subdivision 1. 
    Sec. 31.  Minnesota Statutes 1992, section 624.7132, is 
amended to read: 
    624.7132 [REPORT OF TRANSFER.] 
    Subdivision 1.  [REQUIRED INFORMATION.] Except as provided 
in this section and section 624.7131, every person who agrees to 
transfer a pistol or semiautomatic military-style assault weapon 
shall report the following information in writing to the chief 
of police of the organized full-time police department of the 
municipality where the agreement is made or to the appropriate 
county sheriff if there is no such local chief of police: 
    (a) the name, residence, telephone number and driver's 
license number or nonqualification certificate number, if any, 
of the proposed transferee; 
    (b) the sex, date of birth, height, weight and color of 
eyes, and distinguishing physical characteristics, if any, of 
the proposed transferee; 
    (c) a statement by the proposed transferee that the 
transferee is not prohibited by section 624.713 from possessing 
a pistol or semiautomatic military-style assault weapon; and 
    (d) the address of the place of business of the transferor. 
    The report shall be signed by the transferor and the 
proposed transferee.  The report shall be delivered by the 
transferor to the chief of police or sheriff no later than three 
days after the date of the agreement to transfer, excluding 
weekends and legal holidays. 
    Subd. 2.  [INVESTIGATION.] Upon receipt of a transfer 
report, the chief of police or sheriff shall check criminal 
histories, records and warrant information relating to the 
proposed transferee through the Minnesota crime information 
system. 
    Subd. 3.  [NOTIFICATION.] The chief of police or sheriff 
shall notify the transferor and proposed transferee in writing 
as soon as possible if the chief or sheriff determines that the 
proposed transferee is prohibited by section 624.713 from 
possessing a pistol or semiautomatic military-style assault 
weapon.  The notification to the transferee shall specify the 
grounds for the disqualification of the proposed transferee and 
shall set forth in detail the transferee's right of appeal under 
subdivision 13. 
    Subd. 4.  [DELIVERY.] Except as otherwise provided in 
subdivision 7 or 8, no person shall deliver a pistol or 
semiautomatic military-style assault weapon to a proposed 
transferee until seven days after the date of the agreement to 
transfer as stated on the report delivered to a chief of police 
or sheriff in accordance with subdivision 1 unless the chief of 
police or sheriff waives all or a portion of the seven day 
waiting period. 
    No person shall deliver a pistol or semiautomatic 
military-style assault weapon to a proposed transferee after 
receiving a written notification that the chief of police or 
sheriff has determined that the proposed transferee is 
prohibited by section 624.713 from possessing a pistol or 
semiautomatic military-style assault weapon. 
    If the transferor makes a report of transfer and receives 
no written notification of disqualification of the proposed 
transferee within seven days of the date of the agreement to 
transfer, the pistol or semiautomatic military-style assault 
weapon may be delivered to the transferee. 
    Subd. 5.  [GROUNDS FOR DISQUALIFICATION.] A determination 
by the chief of police or sheriff that the proposed transferee 
is prohibited by section 624.713 from possessing a pistol or 
semiautomatic military-style assault weapon shall be the sole 
basis for a notification of disqualification under this section. 
    Subd. 6.  [TRANSFEREE PERMIT.] If a chief of police or 
sheriff determines that a transferee is not a person prohibited 
by section 624.713 from possessing a pistol or semiautomatic 
military-style assault weapon, the transferee may, within 30 
days after the determination, apply to that chief of police or 
sheriff for a transferee permit, and the permit shall be issued. 
    Subd. 7.  [IMMEDIATE TRANSFERS.] The chief of police or 
sheriff may waive all or a portion of the seven day waiting 
period for a transfer. 
    Subd. 8.  [REPORT NOT REQUIRED.] (1) If the proposed 
transferee presents a valid transferee permit issued under 
section 624.714, subdivision 9 624.7131 or a valid permit to 
carry issued under section 624.714, or if the transferee is a 
licensed peace officer, as defined in section 626.84, 
subdivision 1, who presents a valid peace officer photo 
identification and badge, the transferor need not file a 
transfer report. 
    (2) If the transferor makes a report of transfer and 
receives no written notification of disqualification of the 
proposed transferee within seven days of the date of the 
agreement to transfer, no report or investigation shall be 
required under this section for any additional transfers between 
that transferor and that transferee which are made within 30 
days of the date on which delivery of the first pistol or 
semiautomatic military-style assault weapon may be made under 
subdivision 4. 
    Subd. 9.  [NUMBER OF PISTOLS OR SEMIAUTOMATIC 
MILITARY-STYLE ASSAULT WEAPONS.] Any number of pistols or 
semiautomatic military-style assault weapons may be the subject 
of a single transfer agreement and report to the chief of police 
or sheriff.  Nothing in this section or section 624.7131 shall 
be construed to limit or restrict the number of pistols or 
semiautomatic military-style assault weapons a person may 
acquire. 
    Subd. 10.  [RESTRICTION ON RECORDS.] If, after a 
determination that the transferee is not a person prohibited by 
section 624.713 from possessing a pistol or semiautomatic 
military-style assault weapon, a transferee requests that no 
record be maintained of the fact of who is the transferee of a 
pistol or semiautomatic military-style assault weapon, the chief 
of police or sheriff shall sign the transfer report and return 
it to the transferee as soon as possible.  Thereafter, no 
government employee or agency shall maintain a record of the 
transfer that identifies the transferee, and the transferee 
shall retain the report of transfer. 
    Subd. 11.  [FORMS; COST.] Chiefs of police and sheriffs 
shall make transfer report forms available throughout the 
community.  There shall be no charge for forms, reports, 
investigations, notifications, waivers or any other act 
performed or materials provided by a government employee or 
agency in connection with a pistol transfer. 
    Subd. 12.  [EXCLUSIONS.] This section shall not apply to 
transfers of antique firearms as curiosities or for their 
historical significance or value, transfers to or between 
federally licensed firearms dealers, transfers by order of 
court, involuntary transfers, transfers at death or the 
following transfers: 
    (a) A transfer by a person other than a federally licensed 
firearms dealer; 
    (b) A loan to a prospective transferee if the loan is 
intended for a period of no more than one day; 
    (c) The delivery of a pistol or semiautomatic 
military-style assault weapon to a person for the purpose of 
repair, reconditioning or remodeling; 
    (d) A loan by a teacher to a student in a course designed 
to teach marksmanship or safety with a pistol and approved by 
the commissioner of natural resources; 
    (e) A loan between persons at a firearms collectors 
exhibition; 
    (f) A loan between persons lawfully engaged in hunting or 
target shooting if the loan is intended for a period of no more 
than 12 hours; 
    (g) A loan between law enforcement officers who have the 
power to make arrests other than citizen arrests; and 
    (h) A loan between employees or between the employer and an 
employee in a business if the employee is required to carry a 
pistol or semiautomatic military-style assault weapon by reason 
of employment and is the holder of a valid permit to carry a 
pistol.  
    Subd. 13.  [APPEAL.] A person aggrieved by the 
determination of a chief of police or sheriff that the person is 
prohibited by section 624.713 from possessing a pistol or 
semiautomatic military-style assault weapon may appeal the 
determination as provided in this subdivision.  In Hennepin and 
Ramsey counties the municipal court shall have jurisdiction of 
proceedings under this subdivision.  In the remaining counties 
of the state, the county court shall have jurisdiction of 
proceedings under this subdivision. 
    On review pursuant to this subdivision, the court shall be 
limited to a determination of whether the proposed transferee is 
a person prohibited from possessing a pistol or semiautomatic 
military-style assault weapon by section 624.713. 
    Subd. 14.  [TRANSFER TO UNKNOWN PARTY.] (a) No person shall 
transfer a pistol or semiautomatic military-style assault weapon 
to another who is not personally known to the transferor unless 
the proposed transferee presents evidence of identity to the 
transferor.  A person who transfers a pistol or semiautomatic 
military-style assault weapon in violation of this clause is 
guilty of a misdemeanor. 
    (b) No person who is not personally known to the transferor 
shall become a transferee of a pistol or semiautomatic 
military-style assault weapon unless the person presents 
evidence of identity to the transferor.  A person who becomes a 
transferee of a pistol or semiautomatic military-style assault 
weapon in violation of this clause is guilty of a misdemeanor. 
    Subd. 15.  [PENALTIES.] A person who does any of the 
following is guilty of a gross misdemeanor: 
    (a) Transfers a pistol or semiautomatic military-style 
assault weapon in violation of subdivisions 1 to 13; 
    (b) Transfers a pistol or semiautomatic military-style 
assault weapon to a person who has made a false statement in 
order to become a transferee, if the transferor knows or has 
reason to know the transferee has made the false statement; 
    (c) Knowingly becomes a transferee in violation of 
subdivisions 1 to 13; or 
    (d) Makes a false statement in order to become a transferee 
of a pistol or semiautomatic military-style assault weapon 
knowing or having reason to know the statement is false. 
    Subd. 16.  [LOCAL REGULATION.] This section shall be 
construed to supersede municipal or county regulation of the 
transfer of pistols. 
    Sec. 32.  Minnesota Statutes 1992, section 624.714, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PENALTY.] (a) A person, other than a law 
enforcement officer who has authority to make arrests other than 
citizens arrests, who carries, holds or possesses a pistol in a 
motor vehicle, snowmobile or boat, or on or about the person's 
clothes or the person, or otherwise in possession or control in 
a public place or public area without first having obtained a 
permit to carry the pistol is guilty of a gross misdemeanor.  A 
person who is convicted a second or subsequent time is guilty of 
a felony.  
    (b) A person who has been issued a permit and who engages 
in activities other than those for which the permit has been 
issued, is guilty of a misdemeanor. 
    Sec. 33.  [624.7162] [FIREARMS DEALERS; SAFETY 
REQUIREMENTS.] 
    Subdivision 1.  [FIREARMS DEALERS.] For purposes of this 
section, a firearms dealer is any person who is federally 
licensed to sell firearms from any location. 
    Subd. 2.  [NOTICE REQUIRED.] In each business location 
where firearms are sold by a firearms dealer, the dealer shall 
post in a conspicuous location the following warning in block 
letters not less than one inch in height:  "IT IS UNLAWFUL TO 
STORE OR LEAVE A LOADED FIREARM WHERE A CHILD CAN OBTAIN ACCESS."
    Subd. 3.  [FINE.] A person who violates the provisions of 
this section is guilty of a petty misdemeanor and may be fined 
not more than $200. 
    Sec. 34.  [624.7181] [RIFLES AND SHOTGUNS IN PUBLIC 
PLACES.] 
    Subdivision 1.  [DEFINITIONS.] For purposes of this 
section, the following terms have the meanings given them. 
    (a) "Carry" does not include: 
    (1) the carrying of a rifle or shotgun to, from, or at a 
place where firearms are repaired, bought, sold, traded, or 
displayed, or where hunting, target shooting, or other lawful 
activity involving firearms occurs, or at funerals, parades, or 
other lawful ceremonies; 
    (2) the carrying by a person of a rifle or shotgun that is 
unloaded and in a gun case expressly made to contain a firearm, 
if the case fully encloses the firearm by being zipped, snapped, 
buckled, tied, or otherwise fastened, and no portion of the 
firearm is exposed; 
    (3) the carrying of a rifle or shotgun by a person who has 
a permit under section 624.714; 
    (4) the carrying of an antique firearm as a curiosity or 
for its historical significance or value; or 
    (5) the transporting of a rifle or shotgun in compliance 
with section 97B.045. 
    (b) "Public place" means property owned, leased, or 
controlled by a governmental unit and private property that is 
regularly and frequently open to or made available for use by 
the public in sufficient numbers to give clear notice of the 
property's current dedication to public use but does not include:
a person's dwelling house or premises, the place of business 
owned or managed by the person, or land possessed by the person; 
a gun show, gun shop, or hunting or target shooting facility; or 
the woods, fields, or waters of this state where the person is 
present lawfully for the purpose of hunting or target shooting 
or other lawful activity involving firearms. 
    Subd. 2.  [GROSS MISDEMEANOR.] Whoever carries a rifle or 
shotgun on or about the person in a public place is guilty of a 
gross misdemeanor. 
    Subd. 3.  [EXCEPTIONS.] This section does not apply to 
officers, employees, or agents of law enforcement agencies or 
the armed forces of this state or the United States, or private 
detectives or protective agents, to the extent that these 
persons are authorized by law to carry firearms and are acting 
in the scope of official duties. 
    Sec. 35.  [EFFECTIVE DATE.] 
    Sections 4 to 25 and 27 to 34 are effective August 1, 1993, 
and apply to crimes committed on or after that date.  Section 25 
is effective the day following final enactment.  
    Section 3 is effective the day following final enactment 
and only applies to zoning of future sites of business locations 
where firearms are sold by a firearms dealer. 

                               ARTICLE 2 

               HARASSMENT, STALKING, AND DOMESTIC ABUSE 
    Section 1.  Minnesota Statutes 1992, section 13.99, is 
amended by adding a subdivision to read: 
    Subd. 105a.  [DATA FOR ASSESSMENT OF OFFENDERS.] Access to 
data for the purpose of a mental health assessment of a 
convicted harassment offender is governed by section 609.749, 
subdivision 6. 
    Sec. 2.  Minnesota Statutes 1992, section 168.346, is 
amended to read: 
    168.346 [PRIVACY OF NAME OR RESIDENCE ADDRESS.] 
    The registered owner of a motor vehicle may request in 
writing that the owner's residence address or name and residence 
address be classified as private data on individuals, as defined 
in section 13.02, subdivision 12.  The commissioner shall grant 
the classification upon receipt of a signed statement by the 
owner that the classification is required for the safety of the 
owner or the owner's family, if the statement also provides a 
valid, existing address where the owner consents to receive 
service of process.  The commissioner shall use the mailing 
address in place of the residence address in all documents and 
notices pertaining to the motor vehicle.  The residence 
address or name and residence address and any information 
provided in the classification request, other than the mailing 
address, are private data on individuals and may be provided to 
requesting law enforcement agencies. 
    Sec. 3.  Minnesota Statutes 1992, section 480.30, is 
amended to read: 
    480.30 [JUDICIAL TRAINING ON DOMESTIC ABUSE, HARASSMENT, 
AND STALKING.] 
    The supreme court's judicial education program on domestic 
abuse must include ongoing training for district court judges on 
domestic abuse, harassment, and stalking laws and related civil 
and criminal court issues.  The program must include education 
on the causes of family violence and culturally responsive 
approaches to serving victims.  The program must emphasize the 
need for the coordination of court and legal victim advocacy 
services and include education on domestic abuse programs and 
policies within law enforcement agencies and prosecuting 
authorities as well as the court system. 
     Sec. 4.  Minnesota Statutes 1992, section 518B.01, 
subdivision 2, is amended to read: 
    Subd. 2.  [DEFINITIONS.] As used in this section, the 
following terms shall have the meanings given them:  
    (a) "Domestic abuse" means:  (i) physical harm, bodily 
injury, assault, or the infliction of fear of imminent physical 
harm, bodily injury or assault, between family or household 
members; or (ii) terroristic threats, within the meaning of 
section 609.713, subdivision 1, or criminal sexual conduct, 
within the meaning of section 609.342, 609.343, 609.344, or 
609.345, committed against a minor family or household member by 
an adult a family or household member.  
    (b) "Family or household members" means spouses, former 
spouses, parents and children, persons related by blood, and 
persons who are presently residing together or who have resided 
together in the past, and persons who have a child in common 
regardless of whether they have been married or have lived 
together at any time.  "Family or household member" also 
includes a man and woman if the woman is pregnant and the man is 
alleged to be the father, regardless of whether they have been 
married or have lived together at any time.  Issuance of an 
order for protection on this ground does not affect a 
determination of paternity under sections 257.51 to 257.74. 
    Sec. 5.  Minnesota Statutes 1992, section 518B.01, 
subdivision 3, is amended to read: 
    Subd. 3.  [COURT JURISDICTION.] An application for relief 
under this section may be filed in the court having jurisdiction 
over dissolution actions in the county of residence of either 
party, in the county in which a pending or completed family 
court proceeding involving the parties or their minor children 
was brought, or in the county in which the alleged domestic 
abuse occurred.  In a jurisdiction which utilizes referees in 
dissolution actions, the court or judge may refer actions under 
this section to a referee to take and report the 
evidence therein in the action in the same manner and subject to 
the same limitations as is provided in section 518.13.  Actions 
under this section shall be given docket priorities by the court.
    Sec. 6.  Minnesota Statutes 1992, section 518B.01, 
subdivision 6, is amended to read: 
    Subd. 6.  [RELIEF BY THE COURT.] (a) Upon notice and 
hearing, the court may provide relief as follows: 
    (1) restrain the abusing party from committing acts of 
domestic abuse; 
    (2) exclude the abusing party from the dwelling which the 
parties share or from the residence of the petitioner; 
    (3) award temporary custody or establish temporary 
visitation with regard to minor children of the parties on a 
basis which gives primary consideration to the safety of the 
victim and the children.  Except for cases in which custody is 
contested, findings under section 257.025, 518.17, or 518.175 
are not required.  If the court finds that the safety of the 
victim or the children will be jeopardized by unsupervised or 
unrestricted visitation, the court shall condition or restrict 
visitation as to time, place, duration, or supervision, or deny 
visitation entirely, as needed to guard the safety of the victim 
and the children.  The court's decision on custody and 
visitation shall in no way delay the issuance of an order for 
protection granting other reliefs provided for in this section; 
     (4) on the same basis as is provided in chapter 518, 
establish temporary support for minor children or a spouse, and 
order the withholding of support from the income of the person 
obligated to pay the support according to chapter 518; 
     (5) provide upon request of the petitioner counseling or 
other social services for the parties, if married, or if there 
are minor children; 
    (6) order the abusing party to participate in treatment or 
counseling services; 
    (7) award temporary use and possession of property and 
restrain one or both parties from transferring, encumbering, 
concealing, or disposing of property except in the usual course 
of business or for the necessities of life, and to account to 
the court for all such transfers, encumbrances, dispositions, 
and expenditures made after the order is served or communicated 
to the party restrained in open court; 
    (8) exclude the abusing party from the place of employment 
of the petitioner, or otherwise limit access to the petitioner 
by the abusing party at the petitioner's place of employment; 
    (9) order the abusing party to pay restitution to the 
petitioner; and 
    (10) order the continuance of all currently available 
insurance coverage without change in coverage or beneficiary 
designation; and 
    (11) order, in its discretion, other relief as it deems 
necessary for the protection of a family or household member, 
including orders or directives to the sheriff or constable, as 
provided by this section. 
    (b) Any relief granted by the order for protection shall be 
for a fixed period not to exceed one year, except when the court 
determines a longer fixed period is appropriate.  
    (c) An order granting the relief authorized in paragraph 
(a), clause (1), may not be vacated or modified in a proceeding 
for dissolution of marriage or legal separation, except that the 
court may hear a motion for modification of an order for 
protection concurrently with a proceeding for dissolution of 
marriage upon notice of motion and motion.  The notice required 
by court rule shall not be waived.  If the proceedings are 
consolidated and the motion to modify is granted, a separate 
order for modification of an order for protection shall be 
issued. 
    (d) An order granting the relief authorized in paragraph 
(a), clause (2), is not voided by the admittance of the abusing 
party into the dwelling from which the abusing party is excluded.
    (e) If a proceeding for dissolution of marriage or legal 
separation is pending between the parties, the court shall 
provide a copy of the order for protection to the court with 
jurisdiction over the dissolution or separation proceeding for 
inclusion in its file. 
    (f) An order for restitution issued under this subdivision 
is enforceable as civil judgment. 
    Sec. 7.  Minnesota Statutes 1992, section 518B.01, 
subdivision 7, is amended to read: 
    Subd. 7.  [TEMPORARY ORDER.] (a) Where an application under 
this section alleges an immediate and present danger of domestic 
abuse, the court may grant an ex parte temporary order for 
protection, pending a full hearing, and granting relief as the 
court deems proper, including an order:  
    (1) restraining the abusing party from committing acts of 
domestic abuse; 
    (2) excluding any party from the dwelling they share or 
from the residence of the other except by further order of the 
court; and 
    (3) excluding the abusing party from the place of 
employment of the petitioner or otherwise limiting access to the 
petitioner by the abusing party at the petitioner's place of 
employment; and 
    (4) continuing all currently available insurance coverage 
without change in coverage or beneficiary designation. 
    (b) A finding by the court that there is a basis for 
issuing an ex parte temporary order for protection constitutes a 
finding that sufficient reasons exist not to require notice 
under applicable court rules governing applications for ex parte 
temporary relief. 
    (c) An ex parte temporary order for protection shall be 
effective for a fixed period not to exceed 14 days, except for 
good cause as provided under paragraph (d).  A full hearing, as 
provided by this section, shall be set for not later than seven 
days from the issuance of the temporary order.  The respondent 
shall be served forthwith a copy of the ex parte order along 
with a copy of the petition and notice of the date set for the 
hearing. 
    (d) When service is made by published notice, as provided 
under subdivision 5, the petitioner may apply for an extension 
of the period of the ex parte order at the same time the 
petitioner files the affidavit required under that subdivision.  
The court may extend the ex parte temporary order for an 
additional period not to exceed 14 days.  The respondent shall 
be served forthwith a copy of the modified ex parte order along 
with a copy of the notice of the new date set for the hearing. 
    Sec. 8.  Minnesota Statutes 1992, section 518B.01, 
subdivision 9, is amended to read: 
    Subd. 9.  [ASSISTANCE OF SHERIFF IN SERVICE OR EXECUTION.] 
When an order is issued under this section upon request of the 
petitioner, the court shall order the sheriff or constable to 
accompany the petitioner and assist in placing the petitioner in 
possession of the dwelling or residence, or otherwise assist in 
execution or service of the order of protection.  If the 
application for relief is brought in a county in which the 
respondent is not present, the sheriff shall forward the 
pleadings necessary for service upon the respondent to the 
sheriff of the county in which the respondent is present.  This 
transmittal must be expedited to allow for timely service. 
    Sec. 9.  Minnesota Statutes 1992, section 518B.01, 
subdivision 14, is amended to read: 
    Subd. 14.  [VIOLATION OF AN ORDER FOR PROTECTION.] (a) 
Whenever an order for protection is granted pursuant to this 
section, and the respondent or person to be restrained knows of 
the order, violation of the order for protection is a 
misdemeanor.  Upon conviction, the defendant must be sentenced 
to a minimum of three days imprisonment and must be ordered to 
participate in counseling or other appropriate programs selected 
by the court.  If the court stays imposition or execution of the 
jail sentence and the defendant refuses or fails to comply with 
the court's treatment order, the court must impose and execute 
the stayed jail sentence.  A person who violates this paragraph 
within two five years after being discharged from sentence for a 
previous conviction under this paragraph or within two five 
years after being discharged from sentence for a previous 
conviction under a similar law of another state, is guilty of a 
gross misdemeanor. Upon conviction, the defendant must be 
sentenced to a minimum of ten days imprisonment and must be 
ordered to participate in counseling or other appropriate 
programs selected by the court.  Notwithstanding section 
609.135, the court must impose and execute the minimum sentence 
provided in this paragraph for gross misdemeanor convictions. 
    (b) A peace officer shall arrest without a warrant and take 
into custody a person whom the peace officer has probable cause 
to believe has violated an order granted pursuant to this 
section restraining the person or excluding the person from the 
residence or the petitioner's place of employment, even if the 
violation of the order did not take place in the presence of the 
peace officer, if the existence of the order can be verified by 
the officer.  The person shall be held in custody for at least 
36 hours, excluding the day of arrest, Sundays, and holidays, 
unless the person is released earlier by a judge or judicial 
officer.  A peace officer acting in good faith and exercising 
due care in making an arrest pursuant to this paragraph is 
immune from civil liability that might result from the officer's 
actions. 
     (c) A violation of an order for protection shall also 
constitute contempt of court and be subject to the penalties 
therefor.  
     (d) If the court finds that the respondent has violated an 
order for protection and that there is reason to believe that 
the respondent will commit a further violation of the provisions 
of the order restraining the respondent from committing acts of 
domestic abuse or excluding the respondent from the petitioner's 
residence, the court may require the respondent to acknowledge 
an obligation to comply with the order on the record.  The court 
may require a bond sufficient to deter the respondent from 
committing further violations of the order for protection, 
considering the financial resources of the respondent, and not 
to exceed $10,000.  If the respondent refuses to comply with an 
order to acknowledge the obligation or post a bond under this 
paragraph, the court shall commit the respondent to the county 
jail during the term of the order for protection or until the 
respondent complies with the order under this paragraph.  The 
warrant must state the cause of commitment, with the sum and 
time for which any bond is required.  If an order is issued 
under this paragraph, the court may order the costs of the 
contempt action, or any part of them, to be paid by the 
respondent.  An order under this paragraph is appealable.  
    (e) Upon the filing of an affidavit by the petitioner, any 
peace officer, or an interested party designated by the court, 
alleging that the respondent has violated any order for 
protection granted pursuant to this section, the court may issue 
an order to the respondent, requiring the respondent to appear 
and show cause within 14 days why the respondent should not be 
found in contempt of court and punished therefor.  The hearing 
may be held by the court in any county in which the petitioner 
or respondent temporarily or permanently resides at the time of 
the alleged violation.  The court also may shall refer the 
violation of the order for protection to the appropriate 
prosecuting authority for possible prosecution under paragraph 
(a). 
    (f) If it is alleged that the respondent has violated an 
order for protection issued under subdivision 6 and the court 
finds that the order has expired between the time of the alleged 
violation and the court's hearing on the violation, the court 
may grant a new order for protection under subdivision 6 based 
solely on the respondent's alleged violation of the prior order, 
to be effective until the hearing on the alleged violation of 
the prior order.  If the court finds that the respondent has 
violated the prior order, the relief granted in the new order 
for protection shall be extended for a fixed period, not to 
exceed one year. 
    (g) The admittance into petitioner's dwelling of an abusing 
party excluded from the dwelling under an order for protection 
is not a violation by the petitioner of the order for protection.
    A peace officer is not liable under section 609.43, clause 
(1), for a failure to perform a duty required by paragraph (b).  
    Sec. 10.  Minnesota Statutes 1992, section 609.13, is 
amended by adding a subdivision to read: 
    Subd. 3.  [MISDEMEANORS.] If a defendant is convicted of a 
misdemeanor and is sentenced, or if the imposition of sentence 
is stayed, and the defendant is thereafter discharged without 
sentence, the conviction is deemed to be for a misdemeanor for 
purposes of determining the penalty for a subsequent offense. 
    Sec. 11.  Minnesota Statutes 1992, section 609.224, 
subdivision 2, is amended to read: 
    Subd. 2.  [GROSS MISDEMEANOR.] (a) Whoever violates the 
provisions of subdivision 1 against the same victim within five 
years of after being discharged from sentence for a previous 
conviction under subdivision 1 this section, sections 609.221 to 
609.2231, 609.342 to 609.345, or 609.713, or any similar law of 
another state, is guilty of a gross misdemeanor and may be 
sentenced to imprisonment for not more than one year or to a 
payment of a fine of not more than $3,000, or both.  Whoever 
violates the provisions of subdivision 1 against a family or 
household member as defined in section 518B.01, subdivision 2, 
within five years of after being discharged from sentence for a 
previous conviction under subdivision 1 this section or sections 
609.221 to 609.2231, 609.342 to 609.345, or 609.713 against a 
family or household member, is guilty of a gross misdemeanor and 
may be sentenced to imprisonment for not more than one year or 
to payment of a fine of not more than $3,000, or both. 
    (b) Whoever violates the provisions of subdivision 1 within 
two years of a previous conviction under subdivision 1 this 
section or sections 609.221 to 609.2231 or 609.713 is guilty of 
a gross misdemeanor and may be sentenced to imprisonment for not 
more than one year or to payment of a fine of not more than 
$3,000, or both. 
    Sec. 12.  Minnesota Statutes 1992, section 609.224, is 
amended by adding a subdivision to read: 
    Subd. 4.  [FELONY.] (a) Whoever violates the provisions of 
subdivision 1 against the same victim within five years after 
being discharged from sentence for the first of two or more 
previous convictions under this section or sections 609.221 to 
609.2231, 609.342 to 609.345, or 609.713 is guilty of a felony 
and may be sentenced to imprisonment for not more than five 
years or payment of a fine of not more than $10,000, or both. 
    (b) Whoever violates the provisions of subdivision 1 within 
three years of the first of two or more previous convictions 
under this section or sections 609.221 to 609.2231 or 609.713 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. 
    Sec. 13.  Minnesota Statutes 1992, section 609.605, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
the meanings given them for purposes of this section. 
    (i) "Premises" means real property and any appurtenant 
building or structure. 
    (ii) "Dwelling" means the building or part of a building 
used by an individual as a place of residence on either a 
full-time or a part-time basis.  A dwelling may be part of a 
multidwelling or multipurpose building, or a manufactured home 
as defined in section 168.011, subdivision 8. 
    (b) A person is guilty of a misdemeanor if the person 
intentionally: 
    (1) permits domestic animals or fowls under the actor's 
control to go on the land of another within a city; 
    (2) interferes unlawfully with a monument, sign, or pointer 
erected or marked to designate a point of a boundary, line or a 
political subdivision, or of a tract of land; 
    (3) trespasses on the premises of another and, without 
claim of right, refuses to depart from the premises on demand of 
the lawful possessor; 
    (4) occupies or enters the dwelling of another, without 
claim of right or consent of the owner or the consent of one who 
has the right to give consent, except in an emergency situation; 
    (5) enters the premises of another with intent to take or 
injure any fruit, fruit trees, or vegetables growing on the 
premises, without the permission of the owner or occupant; 
    (6) enters or is found on the premises of a public or 
private cemetery without authorization during hours the cemetery 
is posted as closed to the public; or 
    (7) returns to the property of another with the intent to 
harass, abuse, disturb, or cause distress in or threaten 
another, after being told to leave the property and not to 
return, if the actor is without claim of right to the property 
or consent of one with authority to consent. 
    Sec. 14.  Minnesota Statutes 1992, section 609.748, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITION.] As used in For the purposes 
of this section, the following terms have the meanings given 
them in this subdivision. 
    (a) "Harassment" means includes: 
    (1) repeated, intrusive, or unwanted acts, words, or 
gestures that are intended to adversely affect the safety, 
security, or privacy of another, regardless of the relationship 
between the actor and the intended target.; 
    (2) targeted residential picketing; and 
    (3) a pattern of attending public events after being 
notified that the actor's presence at the event is harassing to 
another. 
    (b) "Respondent" includes any individuals alleged to have 
engaged in harassment or organizations alleged to have sponsored 
or promoted harassment. 
    (c) "Targeted residential picketing" includes the following 
acts when committed on more than one occasion: 
    (1) marching, standing, or patrolling by one or more 
persons directed solely at a particular residential building in 
a manner that adversely affects the safety, security, or privacy 
of an occupant of the building; or 
    (2) marching, standing, or patrolling by one or more 
persons which prevents an occupant of a residential building 
from gaining access to or exiting from the property on which the 
residential building is located.  
    Sec. 15.  Minnesota Statutes 1992, section 609.748, 
subdivision 2, is amended to read: 
    Subd. 2.  [RESTRAINING ORDER; JURISDICTION.] A person who 
is a victim of harassment may seek a restraining order from the 
district court in the manner provided in this section.  The 
parent or guardian of a minor who is a victim of harassment may 
seek a restraining order from the juvenile district court on 
behalf of the minor.  
    Sec. 16.  Minnesota Statutes 1992, section 609.748, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
petition for relief must allege facts sufficient to show the 
following:  
    (1) the name of the alleged harassment victim; 
    (2) the name of the respondent; and 
    (3) that the respondent has engaged in harassment. 
The petition shall be accompanied by an affidavit made under 
oath stating the specific facts and circumstances from which 
relief is sought.  The court shall provide simplified forms and 
clerical assistance to help with the writing and filing of a 
petition under this section and shall advise the petitioner of 
the right to sue in forma pauperis under section 563.01.  Upon 
receipt of the petition, the court shall order a hearing, which 
must be held not later than 14 days from the date of the order.  
Personal service must be made upon the respondent not less than 
five days before the hearing.  If personal service cannot be 
completed in time to give the respondent the minimum notice 
required under this paragraph, the court may set a new hearing 
date. 
    (b) Notwithstanding paragraph (a), the order for a hearing 
and a temporary order issued under subdivision 4 may be served 
on the respondent by means of a one-week published notice under 
section 645.11, if: 
    (1) the petitioner files an affidavit with the court 
stating that an attempt at personal service made by a sheriff 
was unsuccessful because the respondent is avoiding service by 
concealment or otherwise; and 
    (2) a copy of the petition and order for hearing and any 
temporary restraining order has been mailed to the respondent at 
the respondent's residence or place of business, if the 
respondent is an organization, or the respondent's residence or 
place of business is not known to the petitioner. 
    Sec. 17.  Minnesota Statutes 1992, section 609.748, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [FILING FEE WAIVED.] The filing fees for a 
restraining order under this section are waived for the 
petitioner.  The court administrator and the sheriff of any 
county in this state shall perform their duties relating to 
service of process without charge to the petitioner.  The court 
shall direct payment of the reasonable costs of service of 
process if served by a private process server when the sheriff 
is unavailable or if service is made by publication, without 
requiring the petitioner to make application under section 
563.01.  The court may direct a respondent to pay to the court 
administrator the petitioner's filing fees and reasonable costs 
of service of process if the court determines that the 
respondent has the ability to pay the petitioner's fees and 
costs. 
    Sec. 18.  Minnesota Statutes 1992, section 609.748, 
subdivision 5, is amended to read: 
    Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
restraining order ordering the respondent to cease or avoid the 
harassment of another person or to have no contact with that 
person if all of the following occur:  
    (1) the petitioner has filed a petition under subdivision 
3; 
    (2) the sheriff has served respondent with a copy of the 
temporary restraining order obtained under subdivision 4, and 
with notice of the time and place of the hearing, or service has 
been made by publication under subdivision 3, paragraph (b); and 
    (3) the court finds at the hearing that there are 
reasonable grounds to believe that the respondent has engaged in 
harassment.  
A restraining order may be issued only against the respondent 
named in the petition; except that if the respondent is an 
organization, the order may be issued against and apply to all 
of the members of the organization.  Relief granted by the 
restraining order must be for a fixed period of not more than 
two years.  
    (b) An order issued under this subdivision must be 
personally served upon the respondent. 
    Sec. 19.  Minnesota Statutes 1992, section 609.748, 
subdivision 6, is amended to read: 
    Subd. 6.  [VIOLATION OF RESTRAINING ORDER.] (a) When a 
temporary restraining order or a restraining order is granted 
under this section and the respondent knows of the order, 
violation of the order is a misdemeanor.  A person is guilty of 
a gross misdemeanor who knowingly violates the order within five 
years after being discharged from sentence for a previous 
conviction under this subdivision; sections 609.221 to 609.224; 
518B.01, subdivision 14; 609.713, subdivisions 1 or 3; or 
609.749. 
    (b) A peace officer shall arrest without a warrant and take 
into custody a person whom the peace officer has probable cause 
to believe has violated an order issued under subdivision 4 or 5 
if the existence of the order can be verified by the officer.  
    (c) A violation of a temporary restraining order or 
restraining order shall also constitute contempt of court. 
    (d) Upon the filing of an affidavit by the petitioner, any 
peace officer, or an interested party designated by the court, 
alleging that the respondent has violated an order issued under 
subdivision 4 or 5, the court may issue an order to the 
respondent requiring the respondent to appear within 14 days and 
show cause why the respondent should not be held in contempt of 
court.  The court also shall refer the violation of the order to 
the appropriate prosecuting authority for possible prosecution 
under paragraph (a). 
    Sec. 20.  Minnesota Statutes 1992, section 609.748, 
subdivision 8, is amended to read: 
    Subd. 8.  [NOTICE.] An order granted under this section 
must contain a conspicuous notice to the respondent: 
    (1) of the specific conduct that will constitute a 
violation of the order; 
    (2) that violation of an order is a misdemeanor punishable 
by imprisonment for up to 90 days or a fine of up to $700, or 
both, and that a subsequent violation is a gross misdemeanor 
punishable by imprisonment for up to one year or a fine of up to 
$3,000, or both; and 
    (3) that a peace officer must arrest without warrant and 
take into custody a person if the peace officer has probable 
cause to believe the person has violated a restraining order. 
    Sec. 21.  Minnesota Statutes 1992, section 609.748, is 
amended by adding a subdivision to read: 
    Subd. 9.  [EFFECT ON LOCAL ORDINANCES.] Nothing in this 
section shall supersede or preclude the continuation or adoption 
of any local ordinance which applies to a broader scope of 
targeted residential picketing conduct than that described in 
subdivision 1. 
    Sec. 22.  [609.749] [HARASSMENT; STALKING; PENALTIES.] 
    Subdivision 1.  [DEFINITION.] As used in this section, 
"harass" means to engage in intentional conduct in a manner that:
    (1) would cause a reasonable person under the circumstances 
to feel oppressed, persecuted, or intimidated; and 
    (2) causes this reaction on the part of the victim. 
    Subd. 2.  [HARASSMENT AND STALKING CRIMES.] A person who 
harasses another by committing any of the following acts is 
guilty of a gross misdemeanor: 
    (1) directly or indirectly manifests a purpose or intent to 
injure the person, property, or rights of another by the 
commission of an unlawful act; 
    (2) stalks, follows, or pursues another; 
    (3) returns to the property of another if the actor is 
without claim of right to the property or consent of one with 
authority to consent; 
    (4) repeatedly makes telephone calls, or induces a victim 
to make telephone calls to the actor, whether or not 
conversation ensues; 
    (5) makes or causes the telephone of another repeatedly or 
continuously to ring; 
    (6) repeatedly uses the mail or delivers or causes the 
delivery of letters, telegrams, packages, or other objects; or 
    (7) engages in any other harassing conduct that interferes 
with another person or intrudes on the person's privacy or 
liberty. 
The conduct described in clauses (4) and (5) may be prosecuted 
either at the place where the call is made or where it is 
received.  The conduct described in clause (6) may be prosecuted 
either where the mail is deposited or where it is received. 
    Subd. 3.  [AGGRAVATED VIOLATIONS.] A person who commits any 
of the following acts is guilty of a felony: 
    (1) commits any offense described in subdivision 2 because 
of the victim's or another's actual or perceived race, color, 
religion, sex, sexual orientation, disability as defined in 
section 363.01, age, or national origin; 
    (2) commits any offense described in subdivision 2 by 
falsely impersonating another; 
    (3) commits any offense described in subdivision 2 and 
possesses a dangerous weapon at the time of the offense; 
    (4) commits a violation of subdivision 1 with intent to 
influence or otherwise tamper with a juror or a judicial 
proceeding or with intent to retaliate against a judicial 
officer, as defined in section 609.415, or a prosecutor, defense 
attorney, or officer of the court, because of that person's 
performance of official duties in connection with a judicial 
proceeding; or 
    (5) commits any offense described in subdivision 2 against 
a victim under the age of 18, if the actor is more than 36 
months older than the victim. 
    Subd. 4.  [SECOND OR SUBSEQUENT VIOLATIONS; FELONY.] A 
person is guilty of a felony who violates any provision of 
subdivision 2 within ten years after being discharged from 
sentence for a previous conviction under this section; sections 
609.221 to 609.224; 518B.01, subdivision 14; 609.748, 
subdivision 6; or 609.713, subdivision 1, 3, or 4. 
    Subd. 5.  [PATTERN OF HARASSING CONDUCT.] (a) A person who 
engages in a pattern of harassing conduct with respect to a 
single victim or one or more members of a single household in a 
manner that would cause a reasonable person under the 
circumstances to feel terrorized or to fear bodily harm and that 
does cause this reaction on the part of the victim, 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. 
    (b) For purposes of this subdivision, a "pattern of 
harassing conduct" means two or more acts within a five-year 
period that violate the provisions of any of the following: 
    (1) this section; 
    (2) section 609.713; 
    (3) section 609.224; 
    (4) section 518B.01, subdivision 14; 
    (5) section 609.748, subdivision 6; 
    (6) section 609.605, subdivision 1, paragraph (a), clause 
(7); 
    (7) section 609.79; or 
    (8) section 609.795. 
    Subd. 6.  [MENTAL HEALTH ASSESSMENT AND TREATMENT.] (a) 
When a person is convicted of a felony offense under this 
section, or another felony offense arising out of a charge based 
on this section, the court shall order an independent 
professional mental health assessment of the offender's need for 
mental health treatment.  The court may waive the assessment if 
an adequate assessment was conducted prior to the conviction. 
    (b) Notwithstanding section 13.42, 13.85, 144.335, or 
260.161, the assessor has access to the following private or 
confidential data on the person if access is relevant and 
necessary for the assessment: 
    (1) medical data under section 13.42; 
    (2) welfare data under section 13.46; 
    (3) corrections and detention data under section 13.85; 
    (4) health records under section 144.335; and 
    (5) juvenile court records under section 260.161. 
Data disclosed under this section may be used only for purposes 
of the assessment and may not be further disclosed to any other 
person, except as authorized by law. 
    (c) If the assessment indicates that the offender is in 
need of and amenable to mental health treatment, the court shall 
include in the sentence a requirement that the offender undergo 
treatment. 
    (d) The court shall order the offender to pay the costs of 
assessment under this subdivision unless the offender is 
indigent under section 563.01. 
    Subd. 7.  [EXCEPTION.] Conduct is not a crime under this 
section if it is performed under terms of a valid license, to 
ensure compliance with a court order, or to carry out a specific 
lawful commercial purpose or employment duty, is authorized or 
required by a valid contract, or is authorized, required, or 
protected by state or federal law or the state or federal 
constitutions.  Subdivision 2, clause (2), does not impair the 
right of any individual or group to engage in speech protected 
by the federal constitution, the state constitution, or federal 
or state law, including peaceful and lawful handbilling and 
picketing. 
    Sec. 23.  Minnesota Statutes 1992, section 609.79, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whoever, 
    (1) By means of a telephone, 
    (a) makes any comment, request, suggestion or proposal 
which is obscene, lewd, or lascivious, 
    (b) Repeatedly makes telephone calls, whether or not 
conversation ensues, with intent to abuse, threaten, or harass, 
disturb, or cause distress, 
    (c) Makes or causes the telephone of another repeatedly or 
continuously to ring, with intent to harass abuse, disturb, or 
cause distress in any person at the called number, or 
    (2) Having control of a telephone, knowingly permits it to 
be used for any purpose prohibited by this section, shall be 
guilty of a misdemeanor.  
    Sec. 24.  Minnesota Statutes 1992, section 609.795, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MISDEMEANORS.] Whoever does any of the 
following is guilty of a misdemeanor: 
    (1) knowing that the actor does not have the consent of 
either the sender or the addressee, intentionally opens any 
sealed letter, telegram, or package addressed to another; or 
    (2) knowing that a sealed letter, telegram, or package has 
been opened without the consent of either the sender or 
addressee, intentionally publishes any of the contents thereof; 
or 
    (3) with the intent to harass, abuse, or threaten, disturb, 
or cause distress, repeatedly uses the mails or delivers 
letters, telegrams, or packages. 
    Sec. 25.  Minnesota Statutes 1992, section 611A.031, is 
amended to read: 
    611A.031 [VICTIM INPUT REGARDING PRETRIAL DIVERSION.] 
    A prosecutor shall make every reasonable effort to notify 
and seek input from the victim prior to referring a person into 
a pretrial diversion program in lieu of prosecution for a 
violation of sections 609.185, 609.19, 609.195, 609.20, 609.205, 
609.221, 609.222, 609.223, 609.224, 609.24, 609.245, 609.25, 
609.255, 609.342, 609.343, 609.344, 609.345, 609.365, 609.498, 
609.561, 609.582, subdivision 1, and 609.687, 609.713, and 
609.749. 
    Sec. 26.  Minnesota Statutes 1992, section 611A.0315, is 
amended to read: 
    611A.0315 [VICTIM NOTIFICATION; DOMESTIC ASSAULT; 
HARASSMENT.] 
    Subdivision 1.  [NOTICE OF DECISION NOT TO PROSECUTE.] (a) 
A prosecutor shall make every reasonable effort to notify a 
domestic assault victim of domestic assault or harassment that 
the prosecutor has decided to decline prosecution of the case or 
to dismiss the criminal charges filed against the defendant.  
Efforts to notify the victim should include, in order of 
priority:  (1) contacting the victim or a person designated by 
the victim by telephone; and (2) contacting the victim by mail.  
If a suspect is still in custody, the notification attempt shall 
be made before the suspect is released from custody. 
    (b) Whenever a prosecutor dismisses criminal charges 
against a person accused of domestic assault or harassment, a 
record shall be made of the specific reasons for the dismissal.  
If the dismissal is due to the unavailability of the witness, 
the prosecutor shall indicate the specific reason that the 
witness is unavailable.  
    (c) Whenever a prosecutor notifies a victim of domestic 
assault or harassment under this section, the prosecutor shall 
also inform the victim of the method and benefits of seeking an 
order for protection under section 518B.01 or a restraining 
order under section 609.748 and that the victim may seek an 
order without paying a fee. 
    Subd. 2.  [DEFINITIONS.] For the purposes of this section, 
the following terms have the meanings given them. 
    (a) "Assault" has the meaning given it in section 609.02, 
subdivision 10. 
    (b) "Domestic assault" means an assault committed by the 
actor against a family or household member. 
    (c) "Family or household member" has the meaning given it 
in section 518B.01, subdivision 2. 
    (d) "Harassment" means a violation of section 609.749. 
    Sec. 27.  Minnesota Statutes 1992, section 626.8451, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [TRAINING COURSE; CRIMES OF VIOLENCE.] In 
consultation with the crime victim and witness advisory council 
and the school of law enforcement, the board shall prepare a 
training course to assist peace officers in responding to crimes 
of violence and to enhance peace officer sensitivity in 
interacting with and assisting crime victims.  For purposes of 
this course, harassment and stalking crimes are "crimes of 
violence."  The course must include information about: 
    (1) the needs of victims of these crimes and the most 
effective and sensitive way to meet those needs or arrange for 
them to be met; 
    (2) the extent and causes of crimes of violence, including 
physical and sexual abuse, physical violence, harassment and 
stalking, and neglect; 
    (3) the identification of crimes of violence and patterns 
of violent behavior; and 
    (4) culturally responsive approaches to dealing with 
victims and perpetrators of violence. 
    Sec. 28.  Minnesota Statutes 1992, section 629.34, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PEACE OFFICERS AND CONSTABLES.] (a) A 
peace officer, as defined in section 626.84, subdivision 1, 
clause (c), or a constable, as defined in section 367.40, 
subdivision 3, who is on or off duty within the jurisdiction of 
the appointing authority, or on duty outside the jurisdiction of 
the appointing authority pursuant to section 629.40, may arrest 
a person without a warrant as provided under paragraph (c). 
    (b) A part-time peace officer, as defined in section 
626.84, subdivision 1, clause (f), who is on duty within the 
jurisdiction of the appointing authority, or on duty outside the 
jurisdiction of the appointing authority pursuant to section 
629.40 may arrest a person without a warrant as provided under 
paragraph (c).  
    (c) A peace officer, constable, or part-time peace officer 
who is authorized under paragraph (a) or (b) to make an arrest 
without a warrant may do so under the following circumstances: 
    (1) when a public offense has been committed or attempted 
in the officer's or constable's presence; 
    (2) when the person arrested has committed a felony, 
although not in the officer's or constable's presence; 
    (3) when a felony has in fact been committed, and the 
officer or constable has reasonable cause for believing the 
person arrested to have committed it; 
    (4) upon a charge based upon reasonable cause of the 
commission of a felony by the person arrested; or 
    (5) under the circumstances described in clause (2), (3), 
or (4), when the offense is a gross misdemeanor violation of 
section 609.52, 609.595, 609.631, 609.749, or 609.821; or 
    (6) under circumstances described in clause (2), (3), or 
(4), when the offense is a violation of a restraining order or 
no contact order previously issued by a court. 
    (d) To make an arrest authorized under this subdivision, 
the officer or constable may break open an outer or inner door 
or window of a dwelling house if, after notice of office and 
purpose, the officer or constable is refused admittance. 
    Sec. 29.  Minnesota Statutes 1992, section 629.341, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ARREST.] Notwithstanding section 629.34 or 
any other law or rule, a peace officer may arrest a person 
anywhere without a warrant, including at the person's residence 
if the peace officer has probable cause to believe that the 
person within the preceding four hours has assaulted, threatened 
with a dangerous weapon, or placed in fear of immediate bodily 
harm the person's spouse, former spouse, or other person with 
whom the person resides or has formerly resided, or other person 
with whom the person has a child or an unborn child in common, 
regardless of whether they have been married or have lived 
together at any time.  The arrest may be made even though the 
assault did not take place in the presence of the peace officer. 
    Sec. 30.  Minnesota Statutes 1992, section 629.342, 
subdivision 2, is amended to read: 
    Subd. 2.  [POLICIES REQUIRED.] (a) By July 1, 1993, each 
law enforcement agency shall develop, adopt, and implement a 
written policy regarding arrest procedures for domestic abuse 
incidents.  In the development of a policy, each law enforcement 
agency shall consult with domestic abuse advocates, community 
organizations, and other law enforcement agencies with expertise 
in the recognition and handling of domestic abuse incidents.  
The policy shall discourage dual arrests, include consideration 
of whether one of the parties acted in self defense, and provide 
guidance to officers concerning instances in which officers 
should remain at the scene of a domestic abuse incident until 
the likelihood of further imminent violence has been eliminated. 
    (b) The bureau of criminal apprehension, the board of peace 
officer standards and training, and the battered women's 
advisory council appointed by the commissioner of corrections 
under section 611A.34, in consultation with the Minnesota chiefs 
of police association, the Minnesota sheriffs association, and 
the Minnesota police and peace officers association, shall 
develop a written model policy regarding arrest procedures for 
domestic abuse incidents for use by local law enforcement 
agencies.  Each law enforcement agency may adopt the model 
policy in lieu of developing its own policy under the provisions 
of paragraph (a). 
     (c) Local law enforcement agencies that have already 
developed a written policy regarding arrest procedures for 
domestic abuse incidents before July 1, 1992, are not required 
to develop a new policy but must review their policies and 
consider the written model policy developed under paragraph (b). 
    Sec. 31.  Minnesota Statutes 1992, section 629.72, is 
amended to read: 
    629.72 [BAIL IN CASES OF DOMESTIC ASSAULT OR HARASSMENT.] 
    Subdivision 1.  [ALLOWING DETENTION IN LIEU OF CITATION; 
RELEASE.] Notwithstanding any other law or rule, an arresting 
officer may not issue a citation in lieu of arrest and detention 
to an individual charged with harassment or charged with 
assaulting the individual's spouse or other individual with whom 
the charged person resides. 
    Notwithstanding any other law or rule, an individual who is 
arrested on a charge of harassing any person or of assaulting 
the individual's spouse or other person with whom the individual 
resides must be brought to the police station or county jail.  
The officer in charge of the police station or the county 
sheriff in charge of the jail shall issue a citation in lieu of 
continued detention unless it reasonably appears to the officer 
or sheriff that detention is necessary to prevent bodily harm to 
the arrested person or another, or there is a substantial 
likelihood the arrested person will fail to respond to a 
citation. 
    If the arrested person is not issued a citation by the 
officer in charge of the police station or the county sheriff, 
the arrested person must be brought before the nearest available 
judge of the county district court or county municipal court in 
the county in which the alleged harassment or assault took place 
without unnecessary delay as provided by court rule. 
    Subd. 2.  [JUDICIAL REVIEW; RELEASE; BAIL.] (a) The judge 
before whom the arrested person is brought shall review the 
facts surrounding the arrest and detention.  The arrested person 
must be ordered released pending trial or hearing on the 
person's personal recognizance or on an order to appear or upon 
the execution of an unsecured bond in a specified amount unless 
the judge determines that release (1) will be inimical to public 
safety, (2) will create a threat of bodily harm to the arrested 
person, the victim of the alleged harassment or assault, or 
another, or (3) will not reasonably assure the appearance of the 
arrested person at subsequent proceedings.  
    (b) If the judge determines release is not advisable, the 
judge may impose any conditions of release that will reasonably 
assure the appearance of the person for subsequent proceedings, 
or will protect the victim of the alleged harassment or assault, 
or may fix the amount of money bail without other conditions 
upon which the arrested person may obtain release.  If 
conditions of release are imposed, the judge shall issue a 
written order for conditional release.  The court administrator 
shall immediately distribute a copy of the order for conditional 
release to the agency having custody of the arrested person and 
shall provide the agency having custody of the arrested person 
with any available information on the location of the victim in 
a manner that protects the victim's safety.  Either the court or 
its designee or the agency having custody of the arrested person 
shall serve upon the defendant a copy of the order.  Failure to 
serve the arrested person with a copy of the order for 
conditional release does not invalidate the conditions of 
release. 
    (c) If the judge imposes as a condition of release a 
requirement that the person have no contact with the victim of 
the alleged harassment or assault, the judge may also, on its 
own motion or that of the prosecutor or on request of the 
victim, issue an ex parte temporary restraining order under 
section 609.748, subdivision 4, or an ex parte temporary order 
for protection under section 518B.01, subdivision 7.  
Notwithstanding section 518B.01, subdivision 7, paragraph 
(b), or 609.748, subdivision 4, paragraph (c), the temporary 
order is effective until the defendant is convicted or 
acquitted, or the charge is dismissed, provided that upon 
request the defendant is entitled to a full hearing on 
the restraining order under section 609.748, subdivision 5, or 
on the order for protection under section 518B.01.  The hearing 
must be held within seven days of the defendant's request. 
    Subd. 2a.  [ELECTRONIC MONITORING AS A CONDITION OF 
PRETRIAL RELEASE.] (a) Until the commissioner of corrections has 
adopted standards governing electronic monitoring devices used 
to protect victims of domestic abuse, the court, as a condition 
of release, may not order a person arrested for a crime 
described in section 609.135, subdivision 5a, paragraph (b), to 
use an electronic monitoring device to protect a victim's safety.
    (b) Notwithstanding paragraph (a), district courts in the 
tenth judicial district may order, as a condition of a release, 
a person arrested on a charge of a crime described in section 
609.135, subdivision 5a, paragraph (b), to use an electronic 
monitoring device to protect the victim's safety.  The courts 
shall make data on the use of electronic monitoring devices to 
protect a victim's safety in the tenth judicial district 
available to the commissioner of corrections to evaluate and to 
aid in development of standards for the use of devices to 
protect victims of domestic abuse.  
    Subd. 3.  [RELEASE.] If the arrested person is not issued a 
citation by the officer in charge of the police station or the 
county sheriff pursuant to subdivision 1, and is not brought 
before a judge within the time limits prescribed by court rule, 
the arrested person must shall be released by the arresting 
authorities, and a citation must be issued in lieu of continued 
detention. 
    Subd. 4.  [SERVICE OF RESTRAINING ORDER OR ORDER FOR 
PROTECTION.] If a restraining order is issued under section 
609.748 or an order for protection is issued under section 
518B.01 while the arrested person is still in detention, the 
order must be served upon the arrested person during detention 
if possible. 
    Subd. 5.  [VIOLATIONS OF CONDITIONS OF RELEASE.] The judge 
who released the arrested person shall issue a warrant directing 
that the person be arrested and taken immediately before the 
judge, if the judge: 
    (1) the judge receives an application alleging that the 
arrested person has violated the conditions of release; and 
    (2) the judge finds that probable cause exists to believe 
that the conditions of release have been violated. 
    Subd. 6.  [NOTICE TO VICTIM REGARDING RELEASE OF ARRESTED 
PERSON.] (a) Immediately after the issuance of a citation in 
lieu of continued detention under subdivision 1, or the entry of 
an order for release under subdivision 2, but before the 
arrested person is released, the agency having custody of the 
arrested person or its designee must make a reasonable and good 
faith effort to inform orally the alleged victim of: 
    (1) the conditions of release, if any; 
    (2) the time of release; 
    (3) the time, date, and place of the next scheduled court 
appearance of the arrested person and the victim's right to be 
present at the court appearance; and 
    (4) if the arrested person is charged with domestic 
assault, the location and telephone number of the area battered 
women's shelter as designated by the department of corrections. 
    (b) As soon as practicable after an order for conditional 
release is entered, the agency having custody of the arrested 
person or its designee must personally deliver or mail to the 
alleged victim a copy of the written order and written notice of 
the information in clauses (2) and (3). 
    Sec. 32.  [TRAINING FOR PROSECUTORS.] 
    By December 31, 1993, the county attorneys association, in 
conjunction with the attorney general's office, shall prepare 
and conduct a training course for county attorneys and city 
attorneys to familiarize them with this act and provide other 
information regarding the prosecution of harassment and stalking 
offenses.  The course may be combined with other training 
conducted by the county attorneys association or other groups. 
    Sec. 33.  [SEVERABILITY.] 
    It is the intent of the legislature that the provisions of 
this article shall be severable as provided in Minnesota 
Statutes, section 645.20. 
    Sec. 34.  [REPEALER.] 
    Minnesota Statutes 1992, sections 609.02, subdivisions 12 
and 13; 609.605, subdivision 3; 609.746, subdivisions 2 and 3; 
609.747; 609.79, subdivision 1a; and 609.795, subdivision 2, are 
repealed. 
    Sec. 35.  [EFFECTIVE DATE.] 
    Sections 1, 2, 4 to 26, 28, 29, 31, 33, and 34 are 
effective June 1, 1993, and apply to crimes committed on or 
after that date.  Sections 3, 27, and 32 are effective the day 
following final enactment.  Section 30 is effective retroactive 
to July 1, 1992. 

                                ARTICLE 3

                         CONTROLLED SUBSTANCES
    Section 1.  Minnesota Statutes 1992, section 152.022, 
subdivision 1, is amended to read: 
    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 of a total weight 
of three grams or more containing cocaine; 
    (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 other than 
cocaine; 
    (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 25 kilograms or more containing marijuana or 
Tetrahydrocannabinols; 
    (5) the person unlawfully sells any amount of a schedule I 
or II narcotic drug 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 
    (6) the person unlawfully sells any of the following in a 
school zone, a park zone, or a public housing zone: 
    (i) any amount of a schedule I or II narcotic drug, or 
lysergic acid diethylamide (LSD); 
    (ii) one or more mixtures containing methamphetamine or 
amphetamine; or 
    (iii) one or more mixtures of a total weight of five 
kilograms or more containing marijuana or Tetrahydrocannabinols. 
    Sec. 2.  Minnesota Statutes 1992, section 152.023, 
subdivision 2, is amended to read: 
    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 of 
a total weight of three grams or more containing cocaine; 
    (2) the person unlawfully possesses one or more mixtures of 
a total weight of ten grams or more containing a narcotic drug 
other than cocaine; 
    (3) 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; 
    (4) the person unlawfully possesses any amount of a 
schedule I or II narcotic drug or five or more dosage units of 
lysergic acid diethylamide (LSD) in a school zone, a park zone, 
or a public housing zone; 
    (5) the person unlawfully possesses one or more mixtures of 
a total weight of ten kilograms or more containing marijuana or 
Tetrahydrocannabinols; or 
    (6) the person unlawfully possesses one or more mixtures 
containing methamphetamine or amphetamine in a school zone, a 
park zone, or a public housing zone. 
    Sec. 3.  Minnesota Statutes 1992, section 152.0971, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [AUTHORIZED AGENT.] An "authorized agent" is an 
individual representing a business who is responsible for the 
disbursement or custody of precursor substances. 
    Sec. 4.  Minnesota Statutes 1992, section 152.0971, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [PURCHASER.] A "purchaser" is a manufacturer, 
wholesaler, retailer, or any other person in this state who 
receives or seeks to receive a precursor substance. 
    Sec. 5.  Minnesota Statutes 1992, section 152.0971, is 
amended by adding a subdivision to read: 
    Subd. 2b.  [RECEIVE.] "Receive" means to purchase, receive, 
collect, or otherwise obtain a precursor substance from a 
supplier. 
     Sec. 6.  Minnesota Statutes 1992, section 152.0971, 
subdivision 3, is amended to read: 
    Subd. 3.  [SUPPLIER.] A "supplier" is a manufacturer, 
wholesaler, retailer, or any other person in this or any other 
state who furnishes a precursor substance to another person in 
this state. 
    Sec. 7.  Minnesota Statutes 1992, section 152.0972, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PRECURSOR SUBSTANCES.] The following 
precursors of controlled substances are "precursor substances": 
    (1) phenyl-2-propanone; 
    (2) methylamine; 
    (3) ethylamine; 
    (4) d-lysergic acid; 
    (5) ergotamine tartrate; 
    (6) diethyl malonate; 
    (7) malonic acid; 
    (8) hydriodic acid; 
    (9) ethyl malonate; 
    (9) (10) barbituric acid; 
    (10) (11) piperidine; 
    (11) (12) n-acetylanthranilic acid; 
    (12) (13) pyrrolidine; 
    (13) (14) phenylacetic acid; 
    (14) (15) anthranilic acid; 
    (15) morpholine; 
    (16) ephedrine; 
    (17) pseudoephedrine; 
    (18) norpseudoephedrine; 
    (19) phenylpropanolamine; 
    (20) propionic anhydride; 
    (21) isosafrole; 
    (22) safrole; 
    (23) piperonal; 
    (24) thionylchloride; 
    (25) benzyl cyanide; 
    (26) ergonovine maleate; 
    (27) n-methylephedrine; 
    (28) n-ethylpseudoephedrine; 
    (29) n-methylpseudoephedrine; 
    (30) chloroephedrine; 
    (31) chloropseudoephedrine; and 
    (32) any substance added to this list by rule adopted by 
the state board of pharmacy. 
    Sec. 8.  Minnesota Statutes 1992, section 152.0973, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [REPORT OF PRECURSOR SUBSTANCES RECEIVED FROM 
OUT OF STATE.] A purchaser of a precursor substance from outside 
of Minnesota shall, not less than 21 days before taking 
possession of the substance, submit to the bureau of criminal 
apprehension a report of the transaction that includes the 
identification information specified in subdivision 3.  
    Sec. 9.  Minnesota Statutes 1992, section 152.0973, 
subdivision 2, is amended to read: 
    Subd. 2.  [REGULAR REPORTS.] The bureau may authorize a 
purchaser or supplier to submit the reports on a monthly basis 
with respect to repeated, regular transactions between the 
supplier and the purchaser involving the same substance if the 
superintendent of the bureau of criminal apprehension determines 
that: 
    (1) a pattern of regular supply of the precursor substance 
exists between the supplier and the purchaser of the substance; 
or 
    (2) the purchaser has established a record of utilizing the 
precursor substance for lawful purposes. 
     Sec. 10.  Minnesota Statutes 1992, section 152.0973, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [REPORT OF MISSING PRECURSOR SUBSTANCE.] A 
supplier or purchaser who discovers a discrepancy between the 
quantity of precursor substance shipped and the quantity of 
precursor substance received shall report the discrepancy to the 
bureau of criminal apprehension within three days of knowledge 
of the discrepancy.  The report must include: 
    (1) the complete name and address of the purchaser; 
    (2) the type of precursor substance missing; 
    (3) whether the precursor substance is missing due to 
theft, loss, or shipping discrepancy; 
    (4) the method of delivery used; 
    (5) the name of the common carrier or person who 
transported the substance; and 
    (6) the date of shipment. 
    Sec. 11.  Minnesota Statutes 1992, section 152.0973, 
subdivision 3, is amended to read: 
    Subd. 3.  [PROPER IDENTIFICATION.] A report submitted by a 
supplier or purchaser under this section must include: 
    (1) a the purchaser's driver's license number or state 
identification card that contains a photograph of the purchaser 
and includes the number and residential or mailing address of 
the purchaser, other than a post office box number taken from 
the purchaser's driver's license or state identification card, 
if the purchaser is not an authorized agent; 
    (2) the motor vehicle license number of any the motor 
vehicle owned or operated by the purchaser at the time of sale, 
if the purchaser is not an authorized agent; 
    (3) a complete description of how the precursor substance 
will be used, if the purchaser is not an authorized agent; 
    (4) a letter of authorization from the business for which 
the precursor substance is being furnished, including the 
business license state tax identification number and address of 
the business, a full description of how the precursor substance 
is to be used, and the signature of the authorized agent for the 
purchaser; 
    (4) (5) the signature of the supplier as a witness to the 
signature and identification of the purchaser; 
    (5) (6) the type and quantity of the precursor substance; 
and 
    (6) (7) the method of delivery used; and 
    (8) the complete name and address of the supplier. 
    Sec. 12.  Minnesota Statutes 1992, section 152.0973, 
subdivision 4, is amended to read: 
    Subd. 4.  [RETENTION OF RECORDS.] A supplier shall retain a 
copy of the report reports filed under this section subdivisions 
1, 2, and 2a for five years.  A purchaser shall retain a copy of 
reports filed under subdivisions 1a and 2a for five years. 
    Sec. 13.  Minnesota Statutes 1992, section 152.0973, is 
amended by adding a subdivision to read: 
    Subd. 5.  [INSPECTIONS.] All records relating to sections 
152.0971 to 152.0974 shall be open to inspection by the bureau 
of criminal apprehension during regular business hours. 
    Sec. 14.  Minnesota Statutes 1992, section 152.0973, is 
amended by adding a subdivision to read: 
    Subd. 6.  [PENALTIES.] (a) A person who does not submit a 
report as required by this section is guilty of a misdemeanor. 
    (b) A person who knowingly submits a report required by 
this section with false or fictitious information is guilty of a 
gross misdemeanor. 
    (c) A person who is convicted a second or subsequent time 
of violating paragraph (a) is guilty of a gross misdemeanor if 
the subsequent offense occurred after the earlier conviction. 
    Sec. 15.  [EFFECTIVE DATE.] 
    Sections 1 to 13 are effective August 1, 1993.  Section 14 
is effective August 1, 1993, and applies to crimes committed on 
or after that date. 

                               ARTICLE 4 

                             MISCELLANEOUS 
    Section 1.  Minnesota Statutes 1992, section 144.765, is 
amended to read: 
    144.765 [PATIENT'S RIGHT TO REFUSE TESTING.] 
    Upon notification of a significant exposure, the facility 
shall ask the patient to consent to blood testing to determine 
the presence of the HIV virus or the hepatitis B virus.  The 
patient shall be informed that the test results without 
personally identifying information will be reported to the 
emergency medical services personnel.  The patient shall be 
informed of the right to refuse to be tested.  If the patient 
refuses to be tested, the patient's refusal will be forwarded to 
the emergency medical services agency and to the emergency 
medical services personnel.  The right to refuse a blood test 
under the circumstances described in this section does not apply 
to a prisoner who is in the custody or under the jurisdiction of 
the commissioner of corrections or a local correctional 
authority as a result of a criminal conviction. 
    Sec. 2.  Minnesota Statutes 1992, section 169.222, 
subdivision 6, is amended to read: 
    Subd. 6.  [BICYCLE EQUIPMENT.] (a) No person shall operate 
a bicycle at nighttime unless the bicycle or its operator is 
equipped with a lamp which shall emit a white light visible from 
a distance of at least 500 feet to the front and with a red 
reflector of a type approved by the department of public safety 
which is visible from all distances from 100 feet to 600 feet to 
the rear when directly in front of lawful lower beams of head 
lamps on a motor vehicle.  No person may operate a bicycle at 
any time when there is not sufficient light to render persons 
and vehicles on the highway clearly discernible at a distance of 
500 feet ahead unless the bicycle or its operator is equipped 
with reflective surfaces that shall be visible during the hours 
of darkness from 600 feet when viewed in front of lawful lower 
beams of head lamps on a motor vehicle. 
    The reflective surfaces shall include reflective materials 
on each side of each pedal to indicate their presence from the 
front or the rear and with a minimum of 20 square inches of 
reflective material on each side of the bicycle or its 
operator.  Any bicycle equipped with side reflectors as required 
by regulations for new bicycles prescribed by the United States 
Consumer Product Safety Commission shall be considered to meet 
the requirements for side reflectorization contained in this 
subdivision. 
    A bicycle may be equipped with a rear lamp that emits a red 
flashing signal. 
    (b) No person shall operate a bicycle unless it is equipped 
with a brake which will enable the operator to make the braked 
wheels skid on dry, level, clean pavement. 
    (c) No person shall operate upon a highway any bicycle 
equipped with handlebars so raised that the operator must 
elevate the hands above the level of the shoulders in order to 
grasp the normal steering grip area. 
    (d) No person shall operate upon a highway any bicycle 
which is of such a size as to prevent the operator from stopping 
the bicycle, supporting it with at least one foot on the highway 
surface and restarting in a safe manner. 
    Sec. 3.  Minnesota Statutes 1992, section 169.64, 
subdivision 3, is amended to read: 
    Subd. 3.  [FLASHING LIGHTS.] Flashing lights are 
prohibited, except on an authorized emergency vehicle, school 
bus, bicycle as provided in section 169.222, subdivision 6, road 
maintenance equipment, tow truck or towing vehicle, service 
vehicle, farm tractors, self-propelled farm equipment or on any 
vehicle as a means of indicating a right or left turn, or the 
presence of a vehicular traffic hazard requiring unusual care in 
approaching, overtaking or passing.  All flashing warning lights 
shall be of the type authorized by section 169.59, subdivision 
4, unless otherwise permitted or required in this chapter. 
     Sec. 4.  [174.295] [ELIGIBILITY CERTIFICATION; PENALTY FOR 
FRAUDULENT STATEMENTS.] 
    Subdivision 1.  [NOTICE.] A provider of special 
transportation service, as defined in section 174.29, receiving 
financial assistance under section 174.24, shall include on the 
application form for special transportation service, and on the 
eligibility certification form if different from the application 
form, a notice of the penalty for fraudulent certification under 
subdivision 4. 
    Subd. 2.  [CERTIFIER STATEMENT.] A provider shall include 
on the application or eligibility certification form a place for 
the person certifying the applicant as eligible for special 
transportation service to sign, and the person certifying the 
applicant shall sign, stating that the certifier understands the 
penalty for fraudulent certification and that the certifier 
believes the applicant to be eligible. 
    Subd. 3.  [APPLICANT STATEMENT.] A provider shall include 
on the application form a place for the applicant to sign, and 
the applicant shall sign, stating that the applicant understands 
the penalty for fraudulent certification and that the 
information on the application is true. 
     Subd. 4.  [PENALTY.] A person is guilty of a misdemeanor if:
    (1) the person fraudulently certifies to the special 
transportation service provider that the applicant is eligible 
for special transportation service; or 
    (2) the person obtains certification for special 
transportation service by misrepresentation or fraud. 
    Sec. 5.  Minnesota Statutes 1992, section 244.05, 
subdivision 4, is amended to read: 
    Subd. 4.  [MINIMUM IMPRISONMENT, LIFE SENTENCE.] An inmate 
serving a mandatory life sentence under section 609.184 must not 
be given supervised release under this section.  An inmate 
serving a mandatory life sentence under section 609.185, clause 
(1), (3), (4), (5), or (6); or 609.346, subdivision 2a, 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 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. 6.  Minnesota Statutes 1992, 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, clause (1), (3), 
(4), (5), or (6); 609.346, subdivision 2a; or 609.385 after the 
inmate has served the minimum term of imprisonment specified in 
subdivision 4.  
     Sec. 7.  Minnesota Statutes 1992, section 289A.63, is 
amended by adding a subdivision to read: 
    Subd. 11.  [CONSOLIDATION OF VENUE.] If two or more 
offenses in this section are committed by the same person in 
more than one county, the accused may be prosecuted for all the 
offenses in any county in which one of the offenses was 
committed. 
    Sec. 8.  Minnesota Statutes 1992, section 297B.10, is 
amended to read: 
    297B.10 [PENALTIES.] 
    (1) Any person, including persons other than the purchaser, 
who prepares, completes, or submits a false or fraudulent motor 
vehicle purchaser's certificate with intent to defeat or evade 
the tax imposed under this chapter or any purchaser who fails to 
complete or submit a motor vehicle purchaser's certificate with 
intent to defeat or evade the tax or who attempts to defeat or 
evade the tax in any manner, is guilty of a gross misdemeanor 
unless the tax involved exceeds $300, in which event the person 
is guilty of a felony.  The term "person" as used in this 
section includes any officer or employee of a corporation or a 
member or employee of a partnership who as an officer, member, 
or employee is under a duty to perform the act with respect to 
which the violation occurs.  Notwithstanding the provisions of 
section 628.26 or any other provision of the criminal laws of 
this state, an indictment may be found and filed, or a complaint 
filed, upon any criminal offense specified in this section, in 
the proper court within six years after the commission of the 
offense. 
    (2) Any person who violates any of the provisions of this 
chapter, unless the violation be of the type referred to in 
clause (1), is guilty of a misdemeanor and shall be punished by 
a fine of not less than $50 nor more than $100 or by 
imprisonment in the county jail for not less than 30 days, or 
both.  
    (3) When two or more offenses in clause (1) are committed 
by the same person within six months, the offenses may be 
aggregated; further, if the offenses are committed in more than 
one county, the accused may be prosecuted for all the offenses 
aggregated under this paragraph in any county in which one of 
the offenses was committed. 
    Sec. 9.  Minnesota Statutes 1992, section 307.08, 
subdivision 2, is amended to read: 
    Subd. 2.  A person who intentionally, willfully, and 
knowingly destroys, mutilates, injures, disturbs, or removes 
human skeletal remains or human burials burial grounds, is 
guilty of a felony.  A person who intentionally, willfully, or 
knowingly removes any tombstone, monument, or structure placed 
in any public or private cemetery or unmarked human burial 
ground, or any fence, railing, or other work erected for 
protection or ornament, or any tree, shrub, or plant or grave 
goods and artifacts within the limits of the cemetery or burial 
ground, and a person who, without authority from the trustees, 
state archaeologist, or Indian affairs intertribal board, 
discharges any firearms upon or over the grounds of any public 
or private cemetery or authenticated and identified Indian 
burial ground, is guilty of a gross misdemeanor. 
    Sec. 10.  Minnesota Statutes 1992, section 343.21, 
subdivision 9, is amended to read: 
    Subd. 9.  [PENALTY.] A person who fails to comply with any 
provision of this section is guilty of a misdemeanor.  A person 
convicted of a second or subsequent violation of subdivision 1 
or 7 within five years of a previous violation of subdivision 1 
or 7 is guilty of a gross misdemeanor. 
    Sec. 11.  Minnesota Statutes 1992, section 343.21, 
subdivision 10, is amended to read: 
    Subd. 10.  [RESTRICTIONS.] If a person is convicted of 
violating this section, the court may shall require that pet or 
companion animals, as defined in section 346.36, subdivision 6, 
that have not been seized by a peace officer or agent and are in 
the custody of the person must be turned over to a peace officer 
or other appropriate officer or agent if unless the court 
determines that the person is unable or unfit able and fit to 
provide adequately for an animal.  If the evidence indicates 
lack of proper and reasonable care of an animal, the burden is 
on the person to affirmatively demonstrate by clear and 
convincing evidence that the person is able and fit to have 
custody of and provide adequately for an animal.  The court may 
limit the person's further possession or custody of pet or 
companion animals, and may impose other conditions the court 
considers appropriate, including, but not limited to: 
    (1) imposing a probation period during which the person may 
not have ownership, custody, or control of a pet or companion 
animal; 
    (2) requiring periodic visits of the person by an animal 
control officer or agent appointed pursuant to section 343.01, 
subdivision 1; 
    (3) requiring performance by the person of community 
service in a humane facility; and 
    (4) requiring the person to receive behavioral counseling. 
    Sec. 12.  Minnesota Statutes 1992, section 473.386, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [ELIGIBILITY CERTIFICATION.] The board shall 
include the notice of penalty for fraudulent certification, and 
require the person certifying the applicant to sign the 
eligibility certification form and the applicant to sign the 
application form, as provided in section 174.295. 
    Sec. 13.  Minnesota Statutes 1992, section 609.035, is 
amended to read: 
    609.035 [CRIME PUNISHABLE UNDER DIFFERENT PROVISIONS.] 
    Except as provided in sections 609.251, 609.585, 609.21, 
subdivisions 3 and 4, 609.2691, 609.486, 609.494, and 609.856, 
if a person's conduct constitutes more than one offense under 
the laws of this state, the person may be punished for only one 
of the offenses and a conviction or acquittal of any one of them 
is a bar to prosecution for any other of them.  All the 
offenses, if prosecuted, shall be included in one prosecution 
which shall be stated in separate counts. 
    Sec. 14.  Minnesota Statutes 1992, section 609.101, 
subdivision 4, is amended to read: 
    Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
any other law: 
    (1) when a court sentences a person convicted of a felony 
that is not listed in subdivision 2 or 3, it must impose a fine 
of not less than 20 percent of the maximum fine authorized by 
law nor more than the maximum fine authorized by law; and 
    (2) when a court sentences a person convicted of a gross 
misdemeanor or misdemeanor that is not listed in subdivision 2, 
it must impose a fine of not less than 20 percent of the maximum 
fine authorized by law nor more than the maximum fine authorized 
by law, unless the fine is set at a lower amount on a uniform 
fine schedule established by the conference of chief judges in 
consultation with affected state and local agencies.  This 
schedule shall be promulgated and reported to the legislature 
not later than January 1 of each year and shall become effective 
on August 1 of that year unless the legislature, by law, 
provides otherwise. 
    The court may not waive payment of the minimum fine or 
authorize payment of it in installments unless the court makes 
written findings on the record that the convicted person is 
indigent or that the fine would create undue hardship for the 
convicted person or that person's immediate family. 
    The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term of imprisonment or restitution 
imposed or ordered by the court. 
    Sec. 15.  Minnesota Statutes 1992, section 609.184, 
subdivision 2, is amended to read: 
    Subd. 2.  [LIFE WITHOUT RELEASE.] The court shall sentence 
a person to life imprisonment without possibility of release 
under the following circumstances: 
    (1) the person is convicted of first degree murder under 
section 609.185, clause (2) or (4); or 
    (2) the person is convicted of first degree murder under 
section 609.185, clause (1), (3), (4), (5), or (6), and the 
court determines on the record at the time of sentencing that 
the person has one or more previous convictions for a heinous 
crime. 
     Sec. 16.  Minnesota Statutes 1992, section 609.251, is 
amended to read: 
    609.251 [DOUBLE JEOPARDY; KIDNAPPING.] 
    Notwithstanding section 609.04, a prosecution for or 
conviction of the crime of kidnapping is not a bar to conviction 
of or punishment for any other crime committed during the time 
of the kidnapping. 
    Sec. 17.  Minnesota Statutes 1992, section 609.341, 
subdivision 10, is amended to read: 
    Subd. 10.  "Position of authority" includes but is not 
limited to any person who is a parent or acting in the place of 
a parent and charged with any of a parent's rights, duties or 
responsibilities to a child, or a person who is charged with any 
duty or responsibility for the health, welfare, or supervision 
of a child, either independently or through another, no matter 
how brief, at the time of the act.  For the purposes of 
subdivision 11, "position of authority" includes a 
psychotherapist. 
    Sec. 18.  Minnesota Statutes 1992, section 609.341, 
subdivision 17, is amended to read: 
    Subd. 17.  "Psychotherapist" means a person who is or 
purports to be a physician, psychologist, nurse, chemical 
dependency counselor, social worker, clergy, marriage and family 
therapist counselor, or other mental health service provider,; 
or any other person, whether or not licensed by the state, who 
performs or purports to perform psychotherapy. 
    Sec. 19.  Minnesota Statutes 1992, section 609.341, 
subdivision 19, is amended to read: 
    Subd. 19.  "Emotionally dependent" means that the nature of 
the patient's or former patient's emotional condition and the 
nature of the treatment provided by the psychotherapist are such 
that the psychotherapist knows or has reason to know that the 
patient or former patient is unable to withhold consent to 
sexual contact or sexual penetration by the psychotherapist. 
    Sec. 20.  Minnesota Statutes 1992, section 609.344, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CRIME DEFINED.] A person who engages in 
sexual penetration with another person is guilty of criminal 
sexual conduct in the third degree if any of the following 
circumstances exists:  
    (a) the complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant shall be a defense; 
    (b) the complainant is at least 13 but less than 16 years 
of age and the actor is more than 24 months older than the 
complainant.  In any such case it shall be an affirmative 
defense, which must be proved by a preponderance of the 
evidence, that the actor believes the complainant to be 16 years 
of age or older.  If the actor in such a case is no more than 48 
months but more than 24 months older than the complainant, the 
actor may be sentenced to imprisonment for not more than five 
years.  Consent by the complainant is not a defense; 
     (c) the actor uses force or coercion to accomplish the 
penetration; 
     (d) the actor knows or has reason to know that the 
complainant is mentally impaired, mentally incapacitated, or 
physically helpless; 
     (e) the complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit. 
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense; 
    (f) the actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual penetration.  Neither 
mistake as to the complainant's age nor consent to the act by 
the complainant is a defense; 
    (g) the actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual penetration, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the penetration; 
    (ii) the complainant suffered personal injury; or 
    (iii) the sexual abuse involved multiple acts committed 
over an extended period of time.  
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense; 
    (h) the actor is a psychotherapist and the complainant is a 
patient of the psychotherapist and the sexual penetration 
occurred: 
     (i) during the psychotherapy session; or 
     (ii) outside the psychotherapy session if an ongoing 
psychotherapist-patient relationship exists.  
     Consent by the complainant is not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or former patient is emotionally dependent upon the 
psychotherapist; 
    (j) the actor is a psychotherapist and the complainant is a 
patient or former patient and the sexual penetration occurred by 
means of therapeutic deception.  Consent by the complainant is 
not a defense; or 
    (k) the actor accomplishes the sexual penetration by means 
of deception or false representation that the penetration is for 
a bona fide medical purpose by a health care professional.  
Consent by the complainant is not a defense; or 
    (1) the actor is or purports to be a member of the clergy, 
the complainant is not married to the actor, and: 
    (i) the sexual penetration occurred during the course of a 
meeting in which the complainant sought or received religious or 
spiritual advice, aid, or comfort from the actor in private; or 
    (ii) the sexual penetration occurred during a period of 
time in which the complainant was meeting on an ongoing basis 
with the actor to seek or receive religious or spiritual advice, 
aid, or comfort in private. 
    Consent by the complainant is not a defense. 
    Sec. 21.  Minnesota Statutes 1992, section 609.345, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CRIME DEFINED.] A person who engages in 
sexual contact with another person is guilty of criminal sexual 
conduct in the fourth degree if any of the following 
circumstances exists: 
    (a) the complainant is under 13 years of age and the actor 
is no more than 36 months older than the complainant.  Neither 
mistake as to the complainant's age or consent to the act by the 
complainant is a defense.  In a prosecution under this clause, 
the state is not required to prove that the sexual contact was 
coerced; 
    (b) the complainant is at least 13 but less than 16 years 
of age and the actor is more than 48 months older than the 
complainant or in a position of authority over the complainant 
and uses this authority to cause the complainant to submit.  In 
any such case, it shall be an affirmative defense which must be 
proved by a preponderance of the evidence that the actor 
believes the complainant to be 16 years of age or older; 
    (c) the actor uses force or coercion to accomplish the 
sexual contact; 
     (d) the actor knows or has reason to know that the 
complainant is mentally impaired, mentally incapacitated, or 
physically helpless; 
     (e) the complainant is at least 16 but less than 18 years 
of age and the actor is more than 48 months older than the 
complainant and in a position of authority over the complainant, 
and uses this authority to cause the complainant to submit.  
Neither mistake as to the complainant's age nor consent to the 
act by the complainant is a defense; 
    (f) the actor has a significant relationship to the 
complainant and the complainant was at least 16 but under 18 
years of age at the time of the sexual contact.  Neither mistake 
as to the complainant's age nor consent to the act by the 
complainant is a defense; 
    (g) the actor has a significant relationship to the 
complainant, the complainant was at least 16 but under 18 years 
of age at the time of the sexual contact, and: 
    (i) the actor or an accomplice used force or coercion to 
accomplish the contact; 
    (ii) the complainant suffered personal injury; or 
    (iii) the sexual abuse involved multiple acts committed 
over an extended period of time.  
    Neither mistake as to the complainant's age nor consent to 
the act by the complainant is a defense; 
    (h) the actor is a psychotherapist and the complainant is a 
patient of the psychotherapist and the sexual contact occurred: 
    (i) during the psychotherapy session; or 
    (ii) outside the psychotherapy session if an ongoing 
psychotherapist-patient relationship exists. 
    Consent by the complainant is not a defense; 
    (i) the actor is a psychotherapist and the complainant is a 
patient or former patient of the psychotherapist and the patient 
or former patient is emotionally dependent upon the 
psychotherapist; 
    (j) the actor is a psychotherapist and the complainant is a 
patient or former patient and the sexual contact occurred by 
means of therapeutic deception.  Consent by the complainant is 
not a defense; or 
    (k) the actor accomplishes the sexual contact by means 
of deception or false representation that the contact is for a 
bona fide medical purpose by a health care professional.  
Consent by the complainant is not a defense; or 
    (1) the actor is or purports to be a member of the clergy, 
the complainant is not married to the actor, and: 
    (i) the sexual contact occurred during the course of a 
meeting in which the complainant sought or received religious or 
spiritual advice, aid, or comfort from the actor in private; or 
    (ii) the sexual contact occurred during a period of time in 
which the complainant was meeting on an ongoing basis with the 
actor to seek or receive religious or spiritual advice, aid, or 
comfort in private. 
    Consent by the complainant is not a defense. 
    Sec. 22.  Minnesota Statutes 1992, section 609.378, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PERSONS GUILTY OF NEGLECT OR 
ENDANGERMENT.] The following people are guilty of neglect or 
endangerment 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. 
    (a)  [NEGLECT.] (1) A parent, legal guardian, or caretaker 
who willfully deprives a child of necessary food, clothing, 
shelter, health care, or supervision appropriate to the child's 
age, when the parent, guardian, or caretaker is reasonably able 
to make the necessary provisions and the deprivation 
substantially harms or is likely to substantially harm the 
child's physical, mental, or emotional health is guilty of 
neglect 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 deprivation results in substantial harm 
to the child's physical, mental, or emotional health, the person 
may be sentenced to imprisonment for not more than five years or 
to payment of a fine of not more than $10,000, or both.  If a 
parent, guardian, or caretaker 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, 
this treatment or care is "health care," for purposes of this 
clause. 
    (2) A parent, legal guardian, or caretaker who knowingly 
permits the continuing physical or sexual abuse of a child is 
guilty of neglect 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.  
    (b)  [ENDANGERMENT.] A parent, legal guardian, or caretaker 
who endangers the child's person or health by: 
    (1) intentionally or recklessly causing or permitting a 
child to be placed in a situation likely to substantially harm 
the child's physical or, mental, or emotional health or cause 
the child's death; or 
    (2) knowingly causing or permitting the child to be present 
where any person is selling or possessing a controlled 
substance, as defined in section 152.01, subdivision 4, in 
violation of section 152.021, 152.022, 152.023, or 152.024; is 
guilty of child endangerment 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 endangerment results in substantial harm to the 
child's physical, mental, or emotional health, the person 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.  
    This paragraph does not prevent a parent, legal guardian, 
or caretaker from causing or permitting a child to engage in 
activities that are appropriate to the child's age, stage of 
development, and experience, or from selecting health care as 
defined in subdivision 1, paragraph (a). 
     (c)  [ENDANGERMENT BY FIREARM ACCESS.] A person who 
intentionally or recklessly causes a child under 14 years of age 
to be placed in a situation likely to substantially harm the 
child's physical health or cause the child's death as a result 
of the child's access to a loaded firearm is guilty of child 
endangerment 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 endangerment results in substantial harm to the 
child's physical health, the person 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. 
    Sec. 23.  [609.493] [SOLICITATION OF MENTALLY IMPAIRED 
PERSONS.] 
    Subdivision 1.  [CRIME.] A person is guilty of a crime and 
may be sentenced as provided in subdivision 2 if the person 
solicits a mentally impaired person to commit a criminal act.  
    Subd. 2.  [SENTENCE.] (a) A person who violates subdivision 
1 is guilty of a misdemeanor if the intended criminal act is a 
misdemeanor, and is guilty of a gross misdemeanor if the 
intended criminal act is a gross misdemeanor. 
    (b) A person who violates subdivision 1 is guilty of a 
felony if the intended criminal act is a felony, and may be 
sentenced to imprisonment for not more than one-half the 
statutory maximum term for the intended criminal act or to 
payment of a fine of not more than one-half the maximum fine for 
the intended criminal act, or both. 
    Subd. 3.  [DEFINITIONS.] As used in this section: 
    (1) "mentally impaired person" means a person who, as a 
result of inadequately developed or impaired intelligence or a 
substantial psychiatric disorder of thought or mood, lacks the 
judgment to give a reasoned consent to commit the criminal act; 
and 
    (2) "solicit" means commanding, entreating, or attempting 
to persuade a specific person. 
    Sec. 24.  Minnesota Statutes 1992, section 609.494, is 
amended to read: 
    609.494 [SOLICITATION OF JUVENILES.] 
    Subdivision 1.  [CRIME.] A person is guilty of a crime and 
may be sentenced as provided in subdivision 2 if the person is 
an adult and solicits or conspires with a minor to commit a 
criminal crime or delinquent act or is an accomplice to a minor 
in the commission of a crime or delinquent act. 
    Subd. 2.  [SENTENCE.] (a) A person who violates subdivision 
1 is guilty of a misdemeanor if the intended criminal act is a 
misdemeanor or would be a misdemeanor if committed by an adult, 
and is guilty of a gross misdemeanor if the intended criminal 
act is a gross misdemeanor or would be a gross misdemeanor if 
committed by an adult. 
    (b) A person who violates subdivision 1 is guilty of a 
felony if the intended criminal act is a felony or would be a 
felony if committed by an adult, and may be sentenced to 
imprisonment for not more than one-half the statutory maximum 
term for the intended criminal act or to payment of a fine of 
not more than one-half the maximum fine for the intended 
criminal act, or both. 
    Subd. 3.  [MULTIPLE SENTENCES.] Notwithstanding section 
609.04, a prosecution for or conviction under this section is 
not a bar to conviction of or punishment for any other crime 
committed by the defendant as part of the same conduct. 
    Subd. 4.  [CONSECUTIVE SENTENCES.] Notwithstanding any 
provision of the sentencing guidelines, the court may provide 
that a sentence imposed for a violation of this section shall 
run consecutively to any sentence imposed for the intended 
criminal act.  A decision by the court to impose consecutive 
sentences under this subdivision is not a departure from the 
sentencing guidelines. 
    Subd. 5.  [DEFINITION.] "Solicit" means commanding, 
entreating, or attempting to persuade a specific person. 
    Sec. 25.  Minnesota Statutes 1992, section 609.495, is 
amended to read: 
    609.495 [AIDING AN OFFENDER TO AVOID ARREST.] 
    Subdivision 1.  Whoever harbors, conceals, or aids another 
known by the actor to have committed a felony under the laws of 
this or another state or of the United States with intent that 
such offender shall avoid or escape from arrest, trial, 
conviction, or punishment, 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.  
    Subd. 2.  This section does not apply if the actor at the 
time of harboring, concealing, or aiding an offender in 
violation of subdivision 1, or aiding an offender in violation 
of subdivision 3, is related to the offender as spouse, parent, 
or child.  
    Subd. 3.  Whoever intentionally aids another person known 
by the actor to have committed a criminal act, by destroying or 
concealing evidence of that crime, providing false or misleading 
information about that crime, receiving the proceeds of that 
crime, or otherwise obstructing the investigation or prosecution 
of that crime is an accomplice after the fact and may be 
sentenced to not more than one-half of the statutory maximum 
sentence of imprisonment or to payment of a fine of not more 
than one-half of the maximum fine that could be imposed on the 
principal offender for the crime of violence.  For purposes of 
this subdivision, "criminal act" means an act that is a crime 
listed in section 609.11, subdivision 9, under the laws of this 
or another state, or of the United States, and also includes an 
act that would be a criminal act if committed by an adult. 
    Sec. 26.  Minnesota Statutes 1992, section 609.505, is 
amended to read: 
    609.505 [FALSELY REPORTING CRIME.] 
    Whoever informs a law enforcement officer that a crime has 
been committed, knowing that it is false and intending that the 
officer shall act in reliance upon it, is guilty of a 
misdemeanor.  A person who is convicted a second or subsequent 
time under this section is guilty of a gross misdemeanor. 
    Sec. 27.  Minnesota Statutes 1992, section 609.531, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] For the purpose of sections 
609.531 to 609.5317, 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, the department of natural resources division of 
enforcement, the University of Minnesota police department, or a 
city or airport police department.  
    (f) "Designated offense" includes:  
    (1) for weapons used:  any violation of this chapter; 
    (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; 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, 5, 8, and 
12; 609.687; 609.821; 609.825; 609.86; 609.88; 609.89; 609.893; 
617.246; or a gross misdemeanor or felony violation of section 
609.891; or any violation of section 609.324.  
    (g) "Controlled substance" has the meaning given in section 
152.01, subdivision 4. 
    Sec. 28.  Minnesota Statutes 1992, section 609.531, 
subdivision 5a, is amended to read: 
    Subd. 5a.  [BOND BY OWNER FOR POSSESSION.] (a) If the owner 
of property that has been seized under sections 609.531 to 
609.5317 seeks possession of the property before the forfeiture 
action is determined, the owner may, subject to the approval of 
the appropriate agency, give security or post bond payable to 
the appropriate agency in an amount equal to the retail value of 
the seized property.  On posting the security or bond, the 
seized property must be returned to the owner and the forfeiture 
action shall proceed against the security as if it were the 
seized property.  This subdivision does not apply to contraband 
property.  
    (b) If the owner of a motor vehicle that has been seized 
under this section seeks possession of the vehicle before the 
forfeiture action is determined, the owner may surrender the 
vehicle's certificate of title in exchange for the vehicle.  The 
motor vehicle must be returned to the owner within 24 hours if 
the owner surrenders the motor vehicle's certificate of title to 
the appropriate agency, pending resolution of the forfeiture 
action.  If the certificate is surrendered, the owner may not be 
ordered to post security or bond as a condition of release of 
the vehicle.  When a certificate of title is surrendered under 
this provision, the agency shall notify the department of public 
safety and any secured party noted on the certificate.  The 
agency shall also notify the department and the secured party 
when it returns a surrendered title to the motor vehicle owner. 
    Sec. 29.  Minnesota Statutes 1992, section 609.5312, is 
amended by adding a subdivision to read: 
    Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION 
OFFENSES.] (a) A motor vehicle is subject to forfeiture under 
this subdivision if it was used to commit or facilitate, or used 
during the commission of, a violation of section 609.324 or a 
violation of a local ordinance substantially similar to section 
609.324.  A motor vehicle is subject to forfeiture under this 
subdivision only if the offense is established by proof of a 
criminal conviction for the offense. Except as otherwise 
provided in this subdivision, a forfeiture under this 
subdivision is governed by sections 609.531, 609.5312, and 
609.5313. 
    (b) When a motor vehicle subject to forfeiture under this 
subdivision is seized in advance of a judicial forfeiture order, 
a hearing before a judge or referee must be held within 96 hours 
of the seizure.  Notice of the hearing must be given to the 
registered owner within 48 hours of the seizure.  The 
prosecuting authority shall certify to the court, at or in 
advance of the hearing, that it has filed or intends to file 
charges against the alleged violator for violating section 
609.324 or a local ordinance substantially similar to section 
609.324.  After conducting the hearing, the court shall order 
that the motor vehicle be returned to the owner if:  
    (1) the prosecutor has failed to make the certification 
required by paragraph (b); 
    (2) the owner of the motor vehicle has demonstrated to the 
court's satisfaction that the owner has a defense to the 
forfeiture, including but not limited to the defenses contained 
in subdivision 2; or 
    (3) the court determines that seizure of the vehicle 
creates or would create an undue hardship for members of the 
owner's family. 
    (d) If the defendant is acquitted or prostitution charges 
against the defendant are dismissed, neither the owner nor the 
defendant is responsible for paying any costs associated with 
the seizure or storage of the vehicle. 
    (e) A vehicle leased or rented under section 168.27, 
subdivision 4, for a period of 180 days or less is not subject 
to forfeiture under this subdivision. 
    Sec. 30.  Minnesota Statutes 1992, section 609.5315, is 
amended by adding a subdivision to read: 
    Subd. 5a.  [DISPOSITION OF CERTAIN FORFEITED PROCEEDS; 
PROSTITUTION.] The proceeds from the sale of motor vehicles 
forfeited under section 609.5312, subdivision 3, after payment 
of seizure, storage, forfeiture, and sale expenses, and 
satisfaction of valid liens against the vehicle, shall be 
distributed as follows: 
    (1) 40 percent of the proceeds must be forwarded to the 
appropriate agency for deposit as a supplement to the agency's 
operating fund or similar fund for use in law enforcement; 
    (2) 20 percent of the proceeds must be forwarded to the 
city attorney or other prosecuting agency that handled the 
forfeiture for deposit as a supplement to its operating fund or 
similar fund for prosecutorial purposes; and 
    (3) the remaining 40 percent of the proceeds must be 
forwarded to the city treasury for distribution to neighborhood 
crime prevention programs. 
    Sec. 31.  Minnesota Statutes 1992, section 609.585, is 
amended to read: 
    609.585 [DOUBLE JEOPARDY.] 
    Notwithstanding section 609.04, a prosecution for or 
conviction of the crime of burglary is not a bar to conviction 
of or punishment for any other crime committed on entering or 
while in the building entered.  
    Sec. 32.  Minnesota Statutes 1992, section 609.605, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MISDEMEANOR.] (a) The following terms have 
the meanings given them for purposes of this section. 
    (i) "Premises" means real property and any appurtenant 
building or structure. 
    (ii) "Dwelling" means the building or part of a building 
used by an individual as a place of residence on either a 
full-time or a part-time basis.  A dwelling may be part of a 
multidwelling or multipurpose building, or a manufactured home 
as defined in section 168.011, subdivision 8. 
     (iii) "Construction site" means the site of the 
construction, alteration, painting, or repair of a building or 
structure. 
    (iv) "Owner or lawful possessor," as used in clause (8), 
means the person on whose behalf a building or dwelling is being 
constructed, altered, painted, or repaired and the general 
contractor or subcontractor engaged in that work. 
    (v) "Posted," as used in clause (8), means the placement of 
a sign at least 11 inches square in a conspicuous place on the 
exterior of the building that is under construction, alteration, 
or repair, and additional signs in at least two conspicuous 
places for each ten acres being protected.  The sign must carry 
an appropriate notice and the name of the person giving the 
notice, followed by the word "owner" if the person giving the 
notice is the holder of legal title to the land on which the 
construction site is located or by the word "occupant" if the 
person giving the notice is not the holder of legal title but is 
a lawful occupant of the land. 
    (vi) "Business licensee," as used in paragraph (b), clause 
(8), includes a representative of a building trades labor or 
management organization. 
    (vii) "Building" has the meaning given in section 609.581, 
subdivision 2. 
    (b) A person is guilty of a misdemeanor if the person 
intentionally: 
    (1) permits domestic animals or fowls under the actor's 
control to go on the land of another within a city; 
    (2) interferes unlawfully with a monument, sign, or pointer 
erected or marked to designate a point of a boundary, line or a 
political subdivision, or of a tract of land; 
    (3) trespasses on the premises of another and, without 
claim of right, refuses to depart from the premises on demand of 
the lawful possessor; 
    (4) occupies or enters the dwelling or locked or posted 
building of another, without claim of right or consent of the 
owner or the consent of one who has the right to give consent, 
except in an emergency situation; 
    (5) enters the premises of another with intent to take or 
injure any fruit, fruit trees, or vegetables growing on the 
premises, without the permission of the owner or occupant; 
    (6) enters or is found on the premises of a public or 
private cemetery without authorization during hours the cemetery 
is posted as closed to the public; or 
    (7) returns to the property of another with the intent to 
harass, abuse, or threaten another, after being told to leave 
the property and not to return, if the actor is without claim of 
right to the property or consent of one with authority to 
consent; 
    (8) returns to the property of another within 30 days after 
being told to leave the property and not to return, if the actor 
is without claim of right to the property or consent of one with 
authority to consent; or 
    (9) enters the locked or posted construction site of 
another without the consent of the owner or lawful possessor, 
unless the person is a business licensee. 
    Sec. 33.  Minnesota Statutes 1992, section 609.71, is 
amended to read: 
    609.71 [RIOT.] 
    Subdivision 1.  [RIOT FIRST DEGREE.] When three or more 
persons assembled disturb the public peace by an intentional act 
or threat of unlawful force or violence to person or property 
and a death results, and one of the persons is armed with a 
dangerous weapon, that person is guilty of riot first degree and 
may be sentenced to imprisonment for not more than 20 years or 
to payment of a fine of not more than $35,000, or both. 
    Subd. 2.  [RIOT SECOND DEGREE.] When three or more persons 
assembled disturb the public peace by an intentional act or 
threat of unlawful force or violence to person or property, each 
participant who is armed with a dangerous weapon or knows that 
any other participant is armed with a dangerous weapon is guilty 
of riot second degree and may be sentenced to imprisonment for 
not more than five years or to payment of a fine of not more 
than $10,000, or both. 
    Subd. 3.  [RIOT THIRD DEGREE.] When three or more persons 
assembled disturb the public peace by an intentional act or 
threat of unlawful force or violence to person or property, each 
participant therein is guilty of riot third degree and may be 
sentenced to imprisonment for not more than one year or to 
payment of a fine of not more than $1,000, or both, or, if the 
offender, or to the offender's knowledge any other participant, 
is armed with a dangerous weapon or is disguised, to 
imprisonment for not more than five years or to payment of a 
fine of not more than $10,000, or both. 
    Sec. 34.  Minnesota Statutes 1992, section 609.713, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whoever threatens, directly or indirectly, 
to commit any crime of violence with purpose to terrorize 
another or to cause evacuation of a building, place of assembly 
or facility of public transportation or otherwise to cause 
serious public inconvenience, or in a reckless disregard of the 
risk of causing such terror or inconvenience may be sentenced to 
imprisonment for not more than five years.  As used in this 
subdivision, "crime of violence" has the meaning given "violent 
crime" in section 609.152, subdivision 1, paragraph (d). 
    Sec. 35.  Minnesota Statutes 1992, section 609.856, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ACTS CONSTITUTING.] Whoever has in 
possession or uses a radio or device capable of receiving or 
transmitting a police radio signal, message, or transmission of 
information used for law enforcement purposes, while in the 
commission of a felony or violation of section 609.487 or the 
attempt to commit a felony or violation of section 609.487, 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.  Notwithstanding section 609.04, a prosecution 
for or conviction of the crime of use or possession of a police 
radio under this section is not a bar to conviction of or 
punishment for any other crime committed while possessing or 
using the police radio by the defendant as part of the same 
conduct. 
    Sec. 36.  Minnesota Statutes 1992, 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 three years after 
the offense was reported to law enforcement authorities. 
    (d) Indictments or complaints for violation of sections 
609.342 to 609.344 if the victim was 18 years old or older 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. 
    (e) 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. 
    (f) 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. 
    (g) 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.  
    (h) 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. 
    (i) The limitations periods contained in this section shall 
exclude any period of time during which the defendant was not an 
inhabitant of or usually resident within this state. 
    Sec. 37.  Minnesota Statutes 1992, section 641.14, is 
amended to read: 
    641.14 [JAILS; SEPARATION OF PRISONERS.] 
    The sheriff of each county is responsible for the operation 
and condition of the jail.  If construction of the jail permits, 
the sheriff shall maintain strict separation of prisoners to the 
extent that separation is consistent with prisoners' security, 
safety, health, and welfare.  The sheriff shall not keep in the 
same room or section of the jail: 
    (1) a minor under 18 years old and a prisoner who is 18 
years old or older, unless the minor has been committed to the 
commissioner of corrections under section 609.105 or the minor 
has been referred for adult prosecution and the prosecuting 
authority has filed a notice of intent to prosecute the matter 
for which the minor is being held under section 260.125; and 
    (2) an insane prisoner and another prisoner; 
    (3) a prisoner awaiting trial and a prisoner who has been 
convicted of a crime; 
    (4) a prisoner awaiting trial and another prisoner awaiting 
trial, unless consistent with the safety, health, and welfare of 
both; and 
    (5) a female prisoner and a male prisoner. 
    Sec. 38.  Laws 1992, chapter 571, article 7, section 13, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERSHIP.] The supreme court shall 
conduct a study of the juvenile justice system.  To conduct the 
study, the court shall convene an advisory task force on the 
juvenile justice system, consisting of the following 20 27 
members: 
    (1) four judges appointed by the chief justice of the 
supreme court; 
    (2) two three members of the house of representatives, one 
of whom must be a member of the minority party, appointed by the 
speaker, and two three members of the senate, one of whom must 
be a member of the minority party, appointed by the subcommittee 
on committees of the senate committee on rules and 
administration; 
    (3) two professors of law appointed by the chief justice of 
the supreme court; 
    (4) the state public defender; 
    (5) one county attorney who is responsible for juvenile 
court matters, appointed by the chief justice of the supreme 
court on recommendation of the Minnesota county attorneys 
association; 
    (6) two corrections administrators appointed by the 
governor, one from a community corrections act county and one 
from a noncommunity corrections act county; 
    (7) the commissioner of human services; 
    (8) the commissioner of corrections; 
    (9) two public members appointed by the governor, one of 
whom is a victim of crime, and five public members appointed by 
the chief justice of the supreme court; and 
    (10) two law enforcement officers who are responsible for 
juvenile delinquency matters, appointed by the governor. 
    Sec. 39.  [CONFERENCE OF CHIEF JUDGES; STUDY REQUESTED.] 
    The conference of chief judges is requested to study 
whether the rules of criminal procedure should be changed to 
make the pretrial procedures for gross misdemeanor offenses the 
same as those currently applicable to misdemeanor offenses. 
    Sec. 40.  [REPEALER.] 
    Minnesota Statutes 1992, section 609.131, subdivision 1a, 
is repealed. 
    Sec. 41.  [EFFECTIVE DATE.] 
    (a) Sections 1 to 9, and 11 to 39 are effective August 1, 
1993, and apply to crimes committed on or after that date.  
Section 40 is effective retroactive to April 30, 1992, and 
applies to cases pending on or after that date. 
    (b) Section 10 is effective August 1, 1993, and applies to 
crimes committed on or after that date, but previous convictions 
occurring before that date may serve as the basis for enhancing 
penalties under section 10. 
    Sec. 42.  [APPLICATION.] 
    Section 4 applies in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington. 
    Sec. 43.  [APPLICATION.] 
    The intent of section 36 is to clarify the provisions of 
Minnesota Statutes, section 628.26. 

                               ARTICLE 5 

                   ARSON CRIMES AND RELATED OFFENSES 
    Section 1.  Minnesota Statutes 1992, section 299F.04, is 
amended by adding a subdivision to read: 
    Subd. 5.  [NOTIFICATION.] (a) As used in this subdivision, 
"chief officer" means the city fire marshal or chief officer of 
a law enforcement agency's arson investigation unit in a city of 
the first class. 
    (b) The officer making investigation of a fire resulting in 
a human death shall immediately notify either the state fire 
marshal or a chief officer.  The state fire marshal or chief 
officer may conduct an investigation to establish the origin and 
cause regarding the circumstance of the death.  If the chief 
officer undertakes the investigation, the officer shall promptly 
notify the state fire marshal of the investigation and, after 
the investigation is completed, shall forward a copy of the 
investigative report to the state fire marshal.  Unless the 
investigating officer does so, the state fire marshal or chief 
officer shall immediately notify the appropriate coroner or 
medical examiner of a human death occurring as a result of a 
fire.  The coroner or medical examiner shall perform an autopsy 
in the case of a human death as provided in section 390.11, 
subdivision 2a, or 390.32, subdivision 2a, as appropriate. 
    Sec. 2.  Minnesota Statutes 1992, section 299F.811, is 
amended to read: 
    299F.811 [POSSESSION FOR CRIMINAL PURPOSE OF EXPLOSIVE OR 
INCENDIARY DEVICE.] 
    Whoever possesses, manufactures, or transports any 
explosive compound, timing or detonating device for use with any 
explosive compound or incendiary device and either intends to 
use the explosive or device to commit a crime or knows that 
another intends to use the explosive or device to commit a crime 
is not licensed to so possess an explosive compound or device, 
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. 
    Sec. 3.  Minnesota Statutes 1992, section 299F.815, 
subdivision 1, is amended to read: 
    Subdivision 1.  [UNLAWFUL PURPOSE POSSESSION.] (a) Whoever 
shall possess, manufacture, transport, or store a chemical 
self-igniting device or a molotov cocktail with intent to use 
the same for any unlawful purpose 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) Whoever possesses, manufactures, transports, or stores 
a device or compound that, when used or mixed has the potential 
to cause an explosion, with intent to use the device or compound 
to damage property or cause injury, 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. 
    Sec. 4.  Minnesota Statutes 1992, section 390.11, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [DEATHS CAUSED BY FIRE; AUTOPSIES.] The coroner 
shall conduct an autopsy in the case of any human death reported 
to the coroner by the state fire marshal or a chief officer 
under section 299F.04, subdivision 5, and apparently caused by 
fire. 
    Sec. 5.  Minnesota Statutes 1992, section 390.32, is 
amended by adding a subdivision to read: 
    Subd. 2a.  [DEATHS CAUSED BY FIRE; AUTOPSIES.] The medical 
examiner shall conduct an autopsy in the case of any human death 
reported to the medical examiner by the state fire marshal or a 
chief officer under section 299F.04, subdivision 5, and 
apparently caused by fire. 
    Sec. 6.  Minnesota Statutes 1992, section 609.02, 
subdivision 6, is amended to read: 
    Subd. 6.  [DANGEROUS WEAPON.] "Dangerous weapon" means any 
firearm, whether loaded or unloaded, or any device designed as a 
weapon and capable of producing death or great bodily harm, or 
any combustible or flammable liquid or other device or 
instrumentality that, in the manner it is used or intended to be 
used, is calculated or likely to produce death or great bodily 
harm, or any fire that is used to produce death or great bodily 
harm. 
    As used in this subdivision, "flammable liquid" means Class 
I flammable liquids as defined in section 9.108 of the Uniform 
Fire Code any liquid having a flash point below 100 degrees 
Fahrenheit and having a vapor pressure not exceeding 40 pounds 
per square inch (absolute) at 100 degrees Fahrenheit but does 
not include intoxicating liquor as defined in section 340A.101.  
As used in this subdivision, "combustible liquid" is a liquid 
having a flash point at or above 100 degrees Fahrenheit. 
    Sec. 7.  Minnesota Statutes 1992, section 609.562, is 
amended to read: 
    609.562 [ARSON IN THE SECOND DEGREE.] 
    Whoever unlawfully by means of fire or explosives, 
intentionally destroys or damages any building not covered by 
section 609.561, no matter what its value, or any other real or 
personal property valued at more than $2,500 $1,000, whether the 
property of the actor or another, 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.  
    Sec. 8.  Minnesota Statutes 1992, section 609.563, 
subdivision 1, is amended to read: 
    Subdivision 1.  Whoever unlawfully by means of fire or 
explosives, intentionally destroys or damages any real or 
personal property may be sentenced to imprisonment for not more 
than five years or to payment of a fine of $10,000, or both, if: 
    (a) the property intended by the accused to be damaged or 
destroyed had a value of more than $300 but less 
than $2,500 $1,000; or 
    (b) property of the value of $300 or more was 
unintentionally damaged or destroyed but such damage or 
destruction could reasonably have been foreseen; or 
    (c) the property specified in clauses (a) and (b) in the 
aggregate had a value of $300 or more.  
    Sec. 9.  Minnesota Statutes 1992, section 609.576, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NEGLIGENT FIRE RESULTING IN INJURY OR 
PROPERTY DAMAGE.] 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 five years or to payment of a fine 
of not more than $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 payment of a fine of $3,000, or both, if the value of the 
property damaged is at least $300 but is less 
than $10,000 $2,500; 
    (3) to imprisonment for not less than 90 days nor more than 
three years, or to payment of a fine of not more than $5,000, or 
both, if the value of the property damaged is $10,000 $2,500 or 
more. 
    Sec. 10.  Minnesota Statutes 1992, section 609.686, is 
amended to read: 
    609.686 [FALSE FIRE ALARMS; TAMPERING WITH OR INJURING A 
FIRE ALARM SYSTEM.] 
    Subdivision 1.  [MISDEMEANOR.] Whoever intentionally gives 
a false alarm of fire, or unlawfully tampers or interferes with 
any fire alarm system, fire protection device, or the station or 
signal box of any fire alarm system or any auxiliary fire 
appliance, or unlawfully breaks, injures, defaces, or removes 
any such system, device, box or station, or unlawfully breaks, 
injures, destroys, disables, renders inoperable, or disturbs any 
of the wires, poles, or other supports and appliances connected 
with or forming a part of any fire alarm system or fire 
protection device or any auxiliary fire appliance is guilty of a 
misdemeanor. 
    Subd. 2.  [FELONY.] Whoever violates subdivision 1 by 
tampering and knows or has reason to know that the tampering 
creates the potential for bodily harm or the tampering results 
in bodily harm is guilty of a felony and may be sentenced to 
imprisonment for not more than five years or to payment of a 
fine of not more than $10,000, or both. 
    Subd. 3.  [TAMPERING.] For purpose of this section, 
tampering means to intentionally disable, alter, or change the 
fire alarm system, fire protective device, or the station or 
signal box of any fire alarm system of any auxiliary fire 
appliance, with knowledge that it will be disabled or rendered 
inoperable. 
    Sec. 11.  Minnesota Statutes 1992, section 609.902, 
subdivision 4, is amended to read: 
    Subd. 4.  [CRIMINAL ACT.] "Criminal act" means conduct 
constituting, or a conspiracy or attempt to commit, a felony 
violation of chapter 152, or a felony violation of section 
297D.09; 299F.79; 299F.80; 299F.811; 299F.815; 299F.82; 609.185; 
609.19; 609.195; 609.20; 609.205; 609.221; 609.222; 609.223; 
609.2231; 609.228; 609.235; 609.245; 609.25; 609.27; 609.322; 
609.323; 609.342; 609.343; 609.344; 609.345; 609.42; 609.48; 
609.485; 609.495; 609.496; 609.497; 609.498; 609.52, subdivision 
2, if the offense is punishable under subdivision 3, clause 
(3)(b) or clause 3(d)(v) or (vi); section 609.52, subdivision 2, 
clause (4); 609.53; 609.561; 609.562; 609.582, subdivision 1 or 
2; 609.67; 609.687; 609.713; 609.86; 624.713; or 624.74.  
"Criminal act" also includes conduct constituting, or a 
conspiracy or attempt to commit, a felony violation of section 
609.52, subdivision 2, clause (3), (4), (15), or (16) if the 
violation involves an insurance company as defined in section 
60A.02, subdivision 4, a nonprofit health service plan 
corporation regulated under chapter 62C, a health maintenance 
organization regulated under chapter 62D, or a fraternal benefit 
society regulated under chapter 64B. 
    Sec. 12.  Minnesota Statutes 1992, 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 three years after 
the offense was reported to law enforcement authorities. 
     (d) Indictments or complaints for violation of sections 
609.342 to 609.344 if the victim was 18 years old or older 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. 
     (e) 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. 
    (f) 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. 
    (g) 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.  
    (h) Indictments or complaints for violation of sections 
609.561 to 609.563, shall be found or made and filed in the 
proper court within five years after the commission of the 
offense. 
    (i) 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. 13.  [EFFECTIVE DATE.] 
    Sections 2, 3, and 6 to 12 are effective August 1, 1993, 
and apply to crimes committed on or after that date. 

                               ARTICLE 6 

                             CRIME VICTIMS 
    Section 1.  [169.042] [TOWING; NOTICE TO VICTIM OF VEHICLE 
THEFT; FEES PROHIBITED.] 
    Subdivision 1.  [NOTIFICATION.] A law enforcement agency 
shall make a reasonable and good-faith effort to notify the 
victim of a reported vehicle theft within 48 hours after the 
agency recovers the vehicle.  The notice must specify when the 
agency expects to release the vehicle to the owner and how the 
owner may pick up the vehicle. 
    Subd. 2.  [VIOLATION DISMISSAL.] A traffic violation 
citation given to the owner of the vehicle as a result of the 
vehicle theft must be dismissed if the owner presents, by mail 
or in person, a police report or other verification that the 
vehicle was stolen at the time of the violation. 
    Sec. 2.  [260.013] [SCOPE OF VICTIM RIGHTS.] 
    The rights granted to victims of crime in sections 611A.01 
to 611A.06 are applicable to adult criminal cases, juvenile 
delinquency proceedings, juvenile traffic proceedings involving 
driving under the influence of alcohol or drugs, and proceedings 
involving any other act committed by a juvenile that would be a 
crime as defined in section 609.02, if committed by an adult. 
    Sec. 3.  Minnesota Statutes 1992, section 260.193, 
subdivision 8, is amended to read: 
    Subd. 8.  If the juvenile court finds that the child is a 
juvenile major highway or water traffic offender, it may make 
any one or more of the following dispositions of the case: 
    (a) Reprimand the child and counsel with the child and the 
parents; 
    (b) Continue the case for a reasonable period under such 
conditions governing the child's use and operation of any motor 
vehicles or boat as the court may set; 
    (c) Require the child to attend a driver improvement school 
if one is available within the county; 
     (d) Recommend to the department of public safety suspension 
of the child's driver's license as provided in section 171.16; 
     (e) If the child is found to have committed two moving 
highway traffic violations or to have contributed to a highway 
accident involving death, injury, or physical damage in excess 
of $100, the court may recommend to the commissioner of public 
safety or to the licensing authority of another state the 
cancellation of the child's license until the child reaches the 
age of 18 years, and the commissioner of public safety is hereby 
authorized to cancel the license without 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, or to the licensing authority of another state, that the 
child's license be returned, and the commissioner of public 
safety is authorized to return the license; 
    (f) Place the child under the supervision of a probation 
officer in the child's own home under conditions prescribed by 
the court including reasonable rules relating to operation and 
use of motor vehicles or boats directed to the correction of the 
child's driving habits; 
    (g) If the child is found to have violated a state or local 
law or ordinance and the violation resulted in damage to the 
person or property of another, the court may order the child to 
make reasonable restitution for the damage; 
    (h) 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; 
    (h) (i) If the court finds that the child committed an 
offense described in section 169.121, the court shall order that 
a chemical use assessment be conducted and a report submitted to 
the court in the manner prescribed in section 169.126.  If the 
assessment concludes that the child meets the level of care 
criteria for placement under rules adopted under section 
254A.03, subdivision 3, the report must recommend a level of 
care for the child.  The court may require that level of care in 
its disposition order.  In addition, the court may require any 
child ordered to undergo an assessment to pay a chemical 
dependency assessment charge of $75.  The court shall forward 
the assessment charge to the commissioner of finance to be 
credited to the general fund.  The state shall reimburse 
counties for the total cost of the assessment in the manner 
provided in section 169.126, subdivision 4c. 
    Sec. 4.  Minnesota Statutes 1992, section 260.251, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CARE, EXAMINATION, OR TREATMENT.] (a) 
Except where parental rights are terminated, 
     (1) whenever legal custody of a child is transferred by the 
court to a county welfare board, or 
     (2) whenever legal custody is transferred to a person other 
than the county welfare board, but under the supervision of the 
county welfare board, 
     (3) whenever a child is given physical or mental 
examinations or treatment under order of the court, and no 
provision is otherwise made by law for payment for the care, 
examination, or treatment of the child, these costs are a charge 
upon the welfare funds of the county in which proceedings are 
held upon certification of the judge of juvenile court. 
     (b) The court shall order, and the county welfare board 
shall require, the parents or custodian of a child, while the 
child is under the age of 18, to use the total income and 
resources attributable to the child for the period of care, 
examination, or treatment, except for clothing and personal 
needs allowance as provided in section 256B.35, to reimburse the 
county for the cost of care, examination, or treatment.  Income 
and resources attributable to the child include, but are not 
limited to, social security benefits, supplemental security 
income (SSI), veterans benefits, railroad retirement benefits 
and child support.  When the child is over the age of 18, and 
continues to receive care, examination, or treatment, the court 
shall order, and the county welfare board shall require, 
reimbursement from the child for the cost of care, examination, 
or treatment from the income and resources attributable to the 
child less the clothing and personal needs allowance.  
    (c) If the income and resources attributable to the child 
are not enough to reimburse the county for the full cost of the 
care, examination, or treatment, the court shall inquire into 
the ability of the parents to support the child and, after 
giving the parents a reasonable opportunity to be heard, the 
court shall order, and the county welfare board shall require, 
the parents to contribute to the cost of care, examination, or 
treatment of the child.  Except in delinquency cases where the 
victim is a member of the child's immediate family, when 
determining the amount to be contributed by the parents, the 
court shall use a fee schedule based upon ability to pay that is 
established by the county welfare board and approved by the 
commissioner of human services.  In delinquency cases where the 
victim is a member of the child's immediate family, the court 
shall use the fee schedule, but may also take into account the 
seriousness of the offense and any expenses which the parents 
have incurred as a result of the offense.  The income of a 
stepparent who has not adopted a child shall be excluded in 
calculating the parental contribution under this section. 
     (d) The court shall order the amount of reimbursement 
attributable to the parents or custodian, or attributable to the 
child, or attributable to both sources, withheld under chapter 
518 from the income of the parents or the custodian of the 
child.  A parent or custodian who fails to pay without good 
reason may be proceeded against for contempt, or the court may 
inform the county attorney, who shall proceed to collect the 
unpaid sums, or both procedures may be used. 
     (e) If the court orders a physical or mental examination 
for a child, the examination is a medically necessary service 
for purposes of determining whether the service is covered by a 
health insurance policy, health maintenance contract, or other 
health coverage plan.  Court-ordered treatment shall be subject 
to policy, contract, or plan requirements for medical 
necessity.  Nothing in this paragraph changes or eliminates 
benefit limits, conditions of coverage, copayments or 
deductibles, provider restrictions, or other requirements in the 
policy, contract, or plan that relate to coverage of other 
medically necessary services. 
     Sec. 5.  Minnesota Statutes 1992, section 540.18, 
subdivision 1, is amended to read: 
    Subdivision 1.  The parent or guardian of the person of a 
minor who is under the age of 18 and who is living with the 
parent or guardian and who willfully or maliciously causes 
injury to any person or damage to any property is jointly and 
severally liable with such minor for such injury or damage to an 
amount not exceeding $500 $1,000, if such minor would have been 
liable for such injury or damage if the minor had been an adult. 
Nothing in this subdivision shall be construed to relieve such 
minor from personal liability for such injury or damage.  The 
liability provided in this subdivision is in addition to and not 
in lieu of any other liability which may exist at law.  Recovery 
under this section shall be limited to special damages. 
     Sec. 6.  [611A.015] [SCOPE OF VICTIM RIGHTS.] 
    The rights afforded to crime victims in sections 611A.01 to 
611A.06 are applicable to adult criminal cases, juvenile 
delinquency proceedings, juvenile traffic proceedings involving 
driving under the influence of alcohol or drugs, and proceedings 
involving any other act committed by a juvenile that would be a 
crime as defined in section 609.02, if committed by an adult. 
    Sec. 7.  Minnesota Statutes 1992, section 611A.02, 
subdivision 2, is amended to read: 
    Subd. 2.  [VICTIMS' RIGHTS.] (a) The commissioner of public 
safety, in consultation with The crime victim and witness 
advisory council, must shall develop a notice two model notices 
of the rights of crime victims.  The notice must include a form 
for the preparation of a preliminary written victim impact 
summary.  A preliminary victim impact summary is a concise 
statement of the immediate and expected damage to the victim as 
a result of the crime.  A victim desiring to file a preliminary 
victim impact summary must file the summary with the 
investigating officer no more than five days after the victim 
receives the notice from a peace officer.  If a preliminary 
victim impact statement is filed with the investigating officer, 
it must be sent to the prosecutor with other investigative 
materials.  If a prosecutor has received a preliminary victim 
impact summary, the prosecutor must present the summary to the 
court.  This subdivision does not relieve a probation officer of 
the notice requirements imposed by section 611A.037, subdivision 
2. 
    (b) The initial notice of the rights of crime victims must 
be distributed by a peace officer to each victim, as defined in 
section 611A.01, when the peace officer takes a formal statement 
from the victim.  A peace officer is not obligated to distribute 
the notice if a victim does not make a formal statement at the 
time of initial contact with the victim.  The notice must inform 
a victim of: 
    (1) the victim's right to request restitution under section 
611A.04 apply for reparations to cover losses, not including 
property losses, resulting from a violent crime and the 
telephone number to call to request an application; 
    (2) the victim's right to be notified of any plea 
negotiations under section 611A.03 request that the law 
enforcement agency withhold public access to data revealing the 
victim's identity under section 13.82, subdivision 10, paragraph 
(d); 
    (3) the victim's right to be present at sentencing, and to 
object orally or in writing to a proposed agreement or 
disposition; and additional rights of domestic abuse victims as 
described in section 629.341; 
    (4) the victim's right to be notified of the final 
disposition of the case. information on the nearest crime victim 
assistance program or resource; and 
    (5) the victim's rights, if an offender is charged, to be 
informed of and participate in the prosecution process, 
including the right to request restitution. 
    (c) A supplemental notice of the rights of crime victims 
must be distributed by the city or county attorney's office to 
each victim, within a reasonable time after the offender is 
charged or petitioned.  This notice must inform a victim of all 
the rights of crime victims under this chapter. 
    Sec. 8.  Minnesota Statutes 1992, section 611A.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REQUEST; DECISION.] (a) A victim of a 
crime has the right to receive restitution as part of the 
disposition of a criminal charge or juvenile delinquency 
proceeding against the offender if the offender is convicted or 
found delinquent.  The court, or a person or agency designated 
by the court, shall request information from the victim to 
determine the amount of restitution owed.  The court or its 
designee shall obtain the information from the victim in 
affidavit form or by other competent evidence.  Information 
submitted relating to restitution must describe the items or 
elements of loss, itemize the total dollar amounts of 
restitution claimed, and specify the reasons justifying these 
amounts, if restitution is in the form of money or property.  A 
request for restitution may include, but is not limited to, any 
out-of-pocket losses resulting from the crime, including medical 
and therapy costs, replacement of wages and services, and 
funeral expenses.  In order to be considered at the sentencing 
or dispositional hearing, all information regarding restitution 
must be received by the court administrator of the appropriate 
court and must also be provided to the offender at least three 
business days before the sentencing or dispositional 
hearing.  If the victim's noncooperation prevents the court or 
its designee from obtaining competent evidence regarding 
restitution, the court is not obligated to consider information 
regarding restitution in the sentencing or dispositional 
hearing.  The court administrator shall provide copies of this 
request to the prosecutor and the offender or the offender's 
attorney at least 24 hours before the sentencing or 
dispositional hearing.  The issue of restitution may be reserved 
or the sentencing or disposition continued if the affidavit or 
other competent evidence is not received in time.  At the 
sentencing or dispositional hearing, the court shall give the 
offender an opportunity to respond to specific items of 
restitution and their dollar amounts.  
    (b) The court may amend or issue an order of restitution 
after the sentencing or dispositional hearing if: 
    (1) the offender is on probation or supervised release; 
    (2) information regarding restitution was submitted as 
required under paragraph (a); and 
    (3) the true extent of the victim's loss was not known at 
the time of the sentencing or dispositional hearing. 
    If the court holds a hearing on the restitution request, 
the court must notify the offender, the offender's attorney, the 
victim, and the prosecutor at least five business days before 
the hearing.  The court's restitution decision is governed by 
this section and section 611A.045. 
    (c) The court shall grant or deny restitution or partial 
restitution and shall state on the record its reasons for its 
decision on restitution if information relating to restitution 
has been presented.  If the court grants partial restitution it 
shall also specify the full amount of restitution that may be 
docketed as a civil judgment under subdivision 3.  The court may 
not require that the victim waive or otherwise forfeit any 
rights or causes of action as a condition of granting 
restitution or partial restitution. 
    Sec. 9.  Minnesota Statutes 1992, section 611A.04, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [CRIME BOARD REQUEST.] The crime victims 
reparations board may request restitution on behalf of a victim 
by filing a copy of a claim for reparations submitted under 
sections 611A.52 to 611A.67, along with orders of the board, if 
any, which detail any amounts paid by the board to the victim.  
The board may file the claim payment order with the court 
administrator or with the person or agency the court has 
designated to obtain information relating to restitution.  In 
either event, the board shall submit the claim payment order not 
less than three business days before the sentencing or 
dispositional hearing.  If the board submits the claim directly 
to the court administrator, it shall also provide a copy to the 
offender.  The court administrator shall provide copies of the 
payment order to the prosecutor and the offender or the 
offender's attorney at least 24 hours before the sentencing or 
dispositional hearing.  The issue of restitution may be reserved 
or the sentencing or disposition continued if the payment order 
is not received in time.  The filing of a claim payment order 
for reparations with the court administrator shall also serve as 
a request for restitution by the victim.  The restitution 
requested by the board may be considered to be both on its own 
behalf and on behalf of the victim.  If the board has not paid 
reparations to the victim, restitution may be made directly to 
the victim.  If the board has paid reparations to the victim, 
the court shall order restitution payments to be made directly 
to the board. 
    Sec. 10.  Minnesota Statutes 1992, section 611A.04, 
subdivision 3, is amended to read: 
    Subd. 3.  [EFFECT OF ORDER FOR RESTITUTION.] An order of 
restitution may be enforced by any person named in the order to 
receive the restitution in the same manner as a judgment in a 
civil action.  Filing fees for docketing an order of restitution 
as a civil judgment are waived for any victim named in the 
restitution order.  An order of restitution shall be docketed as 
a civil judgment by the court administrator of the district 
court in the county in which the order of restitution was 
entered.  A juvenile court is not required to appoint a guardian 
ad litem for a juvenile offender before docketing a restitution 
order.  Interest shall accrue on the unpaid balance of the 
judgment as provided in section 549.09.  A decision for or 
against restitution in any criminal or juvenile proceeding is 
not a bar to any civil action by the victim or by the state 
pursuant to section 611A.61 against the offender.  The offender 
shall be given credit, in any order for judgment in favor of a 
victim in a civil action, for any restitution paid to the victim 
for the same injuries for which the judgment is awarded. 
     Sec. 11.  Minnesota Statutes 1992, section 611A.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NOTICE OF RELEASE REQUIRED.] The 
commissioner of corrections or other custodial authority shall 
make a good faith effort to notify the victim that the offender 
is to be released from imprisonment or incarceration, including 
release on extended furlough and for work release; released from 
a juvenile correctional facility; released from a facility in 
which the offender was confined due to incompetency, mental 
illness, or mental deficiency, or commitment under section 
253B.18; or transferred from one correctional facility to 
another when the correctional program involves less security to 
a minimum security setting, if the victim has mailed to the 
commissioner of corrections or to the head of the facility in 
which the offender is confined a written request for this 
notice.  The good faith effort to notify the victim must occur 
prior to the release, transfer, or change in security status.  
For a victim of a felony crime against the person for which the 
offender was sentenced to a term of imprisonment of more than 18 
months, the good faith effort to notify the victim must occur 60 
days before the offender's release, transfer, or change in to 
minimum security status. 
    Sec. 12.  Minnesota Statutes 1992, section 611A.52, 
subdivision 5, is amended to read: 
    Subd. 5.  [COLLATERAL SOURCE.] "Collateral source" means a 
source of benefits or advantages for economic loss otherwise 
reparable under sections 611A.51 to 611A.67 which the victim or 
claimant has received, or which is readily available to the 
victim, from: 
    (1) the offender; 
    (2) the government of the United States or any agency 
thereof, a state or any of its political subdivisions, or an 
instrumentality of two or more states, unless the law providing 
for the benefits or advantages makes them excess or secondary to 
benefits under sections 611A.51 to 611A.67; 
    (3) social security, medicare, and medicaid; 
    (4) state required temporary nonoccupational disability 
insurance; 
    (5) workers' compensation; 
    (6) wage continuation programs of any employer; 
    (7) proceeds of a contract of insurance payable to the 
victim for economic loss sustained because of the crime; 
    (8) a contract providing prepaid hospital and other health 
care services, or benefits for disability; or 
    (9) any private source as a voluntary donation or gift; or 
    (10) proceeds of a lawsuit brought as a result of the crime.
    The term does not include a life insurance contract. 
    Sec. 13.  Minnesota Statutes 1992, section 611A.52, 
subdivision 8, is amended to read: 
    Subd. 8.  [ECONOMIC LOSS.] "Economic loss" means actual 
economic detriment incurred as a direct result of injury or 
death.  
    (a) In the case of injury the term is limited to:  
    (1) reasonable expenses incurred for necessary medical, 
chiropractic, hospital, rehabilitative, and dental products, 
services, or accommodations, including ambulance services, 
drugs, appliances, and prosthetic devices; 
    (2) reasonable expenses associated with recreational 
therapy where a claimant has suffered amputation of a limb; 
     (3) reasonable expenses incurred for psychological or 
psychiatric products, services, or accommodations where the 
nature of the injury or the circumstances of the crime are such 
that the treatment is necessary to the rehabilitation of the 
victim, subject to the following limitations:  
     (i) if treatment is likely to continue longer than six 
months after the date the claim is filed and the cost of the 
additional treatment will exceed $1,500, or if the total cost of 
treatment in any case will exceed $4,000, the provider shall 
first submit to the board a plan which includes the measurable 
treatment goals, the estimated cost of the treatment, and the 
estimated date of completion of the treatment.  Claims submitted 
for treatment that was provided more than 30 days after the 
estimated date of completion may be paid only after advance 
approval by the board of an extension of treatment; and 
     (ii) the board may, in its discretion, elect to pay claims 
under this clause on a quarterly basis; 
     (4) loss of income that the victim would have earned had 
the victim not been injured; 
     (5) reasonable expenses incurred for substitute child care 
or household services to replace those the victim would have 
performed had the victim not been injured.  As used in this 
clause, "child care services" means services provided by 
facilities licensed under and in compliance with either 
Minnesota Rules, parts 9502.0315 to 9502.0445, or 9545.0510 to 
9545.0670, or exempted from licensing requirements pursuant to 
section 245A.03.  Licensed facilities must be paid at a rate not 
to exceed their standard rate of payment.  Facilities exempted 
from licensing requirements must be paid at a rate not to exceed 
$3 an hour per child for daytime child care or $4 an hour per 
child for evening child care; and 
     (6) reasonable expenses actually incurred to return a child 
who was a victim of a crime under section 609.25 or 609.26 to 
the child's parents or lawful custodian.  These expenses are 
limited to transportation costs, meals, and lodging from the 
time the child was located until the child was returned home.  
     (b) In the case of death the term is limited to:  
     (1) reasonable expenses actually incurred for funeral, 
burial, or cremation, not to exceed an amount to be determined 
by the board on the first day of each fiscal year; 
    (2) reasonable expenses for medical, chiropractic, 
hospital, rehabilitative, psychological and psychiatric 
services, products or accommodations which were incurred prior 
to the victim's death and for which the victim's survivors or 
estate are liable; 
    (3) loss of support, including contributions of money, 
products or goods, but excluding services which the victim would 
have supplied to dependents if the victim had lived; and 
    (4) reasonable expenses incurred for substitute child care 
and household services to replace those which the victim would 
have performed for the benefit of dependents if the victim had 
lived.  
    Claims for loss of support for minor children made under 
clause (3) must be paid for three years or until the child 
reaches 18 years old, whichever is the shorter period.  After 
three years, if the child is less younger than 18 years old a 
claim for loss of support may be resubmitted to the board, and 
the board staff shall evaluate the claim giving consideration to 
the child's financial need and to the availability of funds to 
the board.  Claims for loss of support for a spouse made under 
clause (3) shall also be reviewed at least once every three 
years.  The board staff shall evaluate the claim giving 
consideration to the spouse's financial need and to the 
availability of funds to the board.  
    Claims for substitute child care services made under clause 
(4) must be limited to the actual care that the deceased victim 
would have provided to enable surviving family members to pursue 
economic, educational, and other activities other than 
recreational activities.  
    Sec. 14.  Minnesota Statutes 1992, section 611A.52, 
subdivision 9, is amended to read: 
    Subd. 9.  [INJURY.] "Injury" means actual bodily harm 
including pregnancy and mental or nervous shock emotional trauma.
    Sec. 15.  Minnesota Statutes 1992, section 611A.57, 
subdivision 2, is amended to read: 
    Subd. 2.  The board member to whom the claim is assigned 
staff shall examine the papers filed in support of the claim and 
cause an investigation to be conducted into the validity of the 
a claim to the extent that an investigation is necessary. 
    Sec. 16.  Minnesota Statutes 1992, section 611A.57, 
subdivision 3, is amended to read: 
    Subd. 3.  [CLAIM DECISION.] The board member to whom a 
claim is assigned executive director may decide the claim in 
favor of a claimant in the amount claimed on the basis of the 
papers filed in support of it and the report of the 
investigation of such claim.  If unable to decide the claim upon 
the basis of the papers and any report of investigation, the 
board member executive director shall discuss the matter with 
other members of the board present at a board meeting.  After 
discussion the board shall vote on whether to grant or deny the 
claim or whether further investigation is necessary.  A decision 
granting or denying the claim shall then be issued by the 
executive director or the board member to whom the claim was 
assigned.  
    Sec. 17.  Minnesota Statutes 1992, section 611A.57, 
subdivision 5, is amended to read: 
    Subd. 5.  [RECONSIDERATION.] The claimant may, within 30 
days after receiving the decision of the board, apply for 
reconsideration before the entire board.  Upon request for 
reconsideration, the board shall reexamine all information filed 
by the claimant, including any new information the claimant 
provides, and all information obtained by investigation.  The 
board may also conduct additional examination into the validity 
of the claim.  Upon reconsideration, the board may affirm, 
modify, or reverse its the prior ruling.  A claimant denied 
reparations upon reconsideration is entitled to a contested case 
hearing within the meaning of chapter 14. 
    Sec. 18.  Minnesota Statutes 1992, section 611A.66, is 
amended to read: 
    611A.66 [LAW ENFORCEMENT AGENCIES; DUTY TO INFORM VICTIMS 
OF RIGHT TO FILE CLAIM.] 
    All law enforcement agencies investigating crimes shall 
provide forms to each person who may be eligible to file a claim 
pursuant to sections 611A.51 to 611A.67 and to inform them of 
their rights hereunder.  All law enforcement agencies shall 
obtain from the board and maintain a supply of all forms 
necessary for the preparation and presentation of claims victims 
with notice of their right to apply for reparations with the 
telephone number to call to request an application form.  
    Law enforcement agencies shall assist the board in 
performing its duties under sections 611A.51 to 611A.67.  Law 
enforcement agencies within ten days after receiving a request 
from the board shall supply the board with requested reports, 
notwithstanding any provisions to the contrary in chapter 13, 
and including reports otherwise maintained as confidential or 
not open to inspection under section 260.161.  All data released 
to the board retains the data classification that it had in the 
possession of the law enforcement agency. 
     Sec. 19.  Minnesota Statutes 1992, section 611A.71, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CREATION.] The Minnesota crime victim and 
witness advisory council is established and shall consist of 
15 16 members.  
    Sec. 20.  Minnesota Statutes 1992, section 611A.71, 
subdivision 2, is amended to read: 
    Subd. 2.  [MEMBERSHIP.] (a) The crime victim and witness 
advisory council shall consist of the following members, 
appointed by the commissioner of public safety after consulting 
with the commissioner of corrections:  
    (1) one district court judge appointed upon recommendation 
of the chief justice of the supreme court; 
    (2) one county attorney appointed upon recommendation of 
the Minnesota county attorneys association; 
    (3) one public defender appointed upon recommendation of 
the state public defender; 
    (4) one peace officer; 
    (5) one medical or osteopathic physician licensed to 
practice in this state; 
    (6) five members who are crime victims or crime victim 
assistance representatives; and 
    (7) three public members; and 
    (8) one member appointed on recommendation of the Minnesota 
general crime victim coalition.  
    The appointments should take into account sex, race, and 
geographic distribution.  No more than seven of the members 
appointed under this paragraph may be of one gender.  One of the 
nonlegislative members must be designated by the commissioner of 
public safety as chair of the council. 
    (b) Two members of the council shall be members of the 
legislature who have demonstrated expertise and interest in 
crime victims issues, one senator appointed under rules of the 
senate and one member of the house of representatives appointed 
under rules of the house of representatives. 
    Sec. 21.  Minnesota Statutes 1992, section 611A.71, 
subdivision 3, is amended to read: 
    Subd. 3.  [TERMS OF OFFICE.] Each appointed member must be 
appointed for a four-year term coterminous with the governor's 
term of office, and shall continue to serve during that time as 
long as the member occupies the position which made that member 
eligible for the appointment.  Each member shall continue in 
office until that member's successor is duly appointed.  Section 
15.059 governs the terms of office, filling of vacancies, and 
removal of members of the crime victim and witness advisory 
council.  Members are eligible for reappointment and appointment 
may be made to fill an unexpired term.  The members of the 
council shall elect any additional officers necessary for the 
efficient discharge of their duties.  
    Sec. 22.  Minnesota Statutes 1992, section 611A.71, 
subdivision 7, is amended to read: 
    Subd. 7.  [EXPIRATION.] The council expires as provided in 
section 15.059, subdivision 5 on June 30, 1995. 
    Sec. 23.  Minnesota Statutes 1992, section 626.556, 
subdivision 10, is amended to read: 
    Subd. 10.  [DUTIES OF LOCAL WELFARE AGENCY AND LOCAL LAW 
ENFORCEMENT AGENCY UPON RECEIPT OF A REPORT.] (a) If the report 
alleges neglect, physical abuse, or sexual abuse by a parent, 
guardian, or individual functioning within the family unit as a 
person responsible for the child's care, the local welfare 
agency shall immediately conduct an assessment and offer 
protective social services for purposes of preventing further 
abuses, safeguarding and enhancing the welfare of the abused or 
neglected minor, and preserving family life whenever possible.  
If the report alleges a violation of a criminal statute 
involving sexual abuse or physical abuse, the local law 
enforcement agency and local welfare agency shall coordinate the 
planning and execution of their respective investigation and 
assessment efforts to avoid a duplication of fact-finding 
efforts and multiple interviews.  Each agency shall prepare a 
separate report of the results of its investigation.  When 
necessary the local welfare agency shall seek authority to 
remove the child from the custody of a parent, guardian, or 
adult with whom the child is living.  In performing any of these 
duties, the local welfare agency shall maintain appropriate 
records.  
     (b) When a local agency receives a report or otherwise has 
information indicating that a child who is a client, as defined 
in section 245.91, has been the subject of physical abuse or 
neglect at an agency, facility, or program as defined in section 
245.91, it shall, in addition to its other duties under this 
section, immediately inform the ombudsman established under 
sections 245.91 to 245.97. 
    (c) Authority of the local welfare agency responsible for 
assessing the child abuse report and of the local law 
enforcement agency for investigating the alleged abuse includes, 
but is not limited to, authority to interview, without parental 
consent, the alleged victim and any other minors who currently 
reside with or who have resided with the alleged perpetrator.  
The interview may take place at school or at any facility or 
other place where the alleged victim or other minors might be 
found and or the child may be transported to, and the interview 
conducted at, a place appropriate for the interview of a child 
designated by the local welfare agency or law enforcement 
agency.  The interview may take place outside the presence of 
the perpetrator or parent, legal custodian, guardian, or school 
official.  Except as provided in this paragraph, the parent, 
legal custodian, or guardian shall be notified by the 
responsible local welfare or law enforcement agency no later 
than the conclusion of the investigation or assessment that this 
interview has occurred.  Notwithstanding rule 49.02 of the 
Minnesota rules of procedure for juvenile courts, the juvenile 
court may, after hearing on an ex parte motion by the local 
welfare agency, order that, where reasonable cause exists, the 
agency withhold notification of this interview from the parent, 
legal custodian, or guardian.  If the interview took place or is 
to take place on school property, the order shall specify that 
school officials may not disclose to the parent, legal 
custodian, or guardian the contents of the notification of 
intent to interview the child on school property, as provided 
under this paragraph, and any other related information 
regarding the interview that may be a part of the child's school 
record.  A copy of the order shall be sent by the local welfare 
or law enforcement agency to the appropriate school official. 
     (d) When the local welfare or local law enforcement agency 
determines that an interview should take place on school 
property, written notification of intent to interview the child 
on school property must be received by school officials prior to 
the interview.  The notification shall include the name of the 
child to be interviewed, the purpose of the interview, and a 
reference to the statutory authority to conduct an interview on 
school property.  For interviews conducted by the local welfare 
agency, the notification shall be signed by the chair of the 
county welfare board or the chair's designee.  The notification 
shall be private data on individuals subject to the provisions 
of this paragraph.  School officials may not disclose to the 
parent, legal custodian, or guardian the contents of the 
notification or any other related information regarding the 
interview until notified in writing by the local welfare or law 
enforcement agency that the investigation or assessment has been 
concluded.  Until that time, the local welfare or law 
enforcement agency shall be solely responsible for any 
disclosures regarding the nature of the assessment or 
investigation.  
     Except where the alleged perpetrator is believed to be a 
school official or employee, the time and place, and manner of 
the interview on school premises shall be within the discretion 
of school officials, but the local welfare or law enforcement 
agency shall have the exclusive authority to determine who may 
attend the interview.  The conditions as to time, place, and 
manner of the interview set by the school officials shall be 
reasonable and the interview shall be conducted not more than 24 
hours after the receipt of the notification unless another time 
is considered necessary by agreement between the school 
officials and the local welfare or law enforcement agency.  
Where the school fails to comply with the provisions of this 
paragraph, the juvenile court may order the school to comply.  
Every effort must be made to reduce the disruption of the 
educational program of the child, other students, or school 
staff when an interview is conducted on school premises.  
     (e) Where the perpetrator or a person responsible for the 
care of the alleged victim or other minor prevents access to the 
victim or other minor by the local welfare agency, the juvenile 
court may order the parents, legal custodian, or guardian to 
produce the alleged victim or other minor for questioning by the 
local welfare agency or the local law enforcement agency outside 
the presence of the perpetrator or any person responsible for 
the child's care at reasonable places and times as specified by 
court order.  
     (f) Before making an order under paragraph (d), the court 
shall issue an order to show cause, either upon its own motion 
or upon a verified petition, specifying the basis for the 
requested interviews and fixing the time and place of the 
hearing.  The order to show cause shall be served personally and 
shall be heard in the same manner as provided in other cases in 
the juvenile court.  The court shall consider the need for 
appointment of a guardian ad litem to protect the best interests 
of the child.  If appointed, the guardian ad litem shall be 
present at the hearing on the order to show cause.  
     (g) The commissioner, the ombudsman for mental health and 
mental retardation, the local welfare agencies responsible for 
investigating reports, and the local law enforcement agencies 
have the right to enter facilities as defined in subdivision 2 
and to inspect and copy the facility's records, including 
medical records, as part of the investigation.  Notwithstanding 
the provisions of chapter 13, they also have the right to inform 
the facility under investigation that they are conducting an 
investigation, to disclose to the facility the names of the 
individuals under investigation for abusing or neglecting a 
child, and to provide the facility with a copy of the report and 
the investigative findings. 
    Sec. 24.  Minnesota Statutes 1992, section 631.046, 
subdivision 1, is amended to read: 
    Subdivision 1.  [CHILD ABUSE AND VIOLENT CRIME CASES.] 
Notwithstanding any other law, a prosecuting witness under 18 
years of age in a case involving child abuse as defined in 
section 630.36, subdivision 2, a crime of violence, as defined 
in section 624.712, subdivision 5, or an assault under section 
609.224, may choose to have in attendance or be accompanied by a 
parent, guardian, or other supportive person, whether or not a 
witness, at the omnibus hearing or at the trial, during 
testimony of the prosecuting witness.  If the person so chosen 
is also a prosecuting witness, the prosecution shall present on 
noticed motion, evidence that the person's attendance is both 
desired by the prosecuting witness for support and will be 
helpful to the prosecuting witness.  Upon that showing the court 
shall grant the request unless information presented by the 
defendant or noticed by the court establishes that the support 
person's attendance during the testimony of the prosecuting 
witness would pose a substantial risk of influencing or 
affecting the content of that testimony. 
    Sec. 25.  [APPLICABILITY.] 
     The gender balance requirement of section 20 applies only 
to appointments made after the effective date of that section 
and does not require displacement of incumbents before the end 
of their term. 
    Sec. 26.  [REPEALER.] 
    Minnesota Statutes 1992, section 611A.57, subdivision 1, is 
repealed. 

                                ARTICLE 7

                            LAW ENFORCEMENT 
    Section 1.  Minnesota Statutes 1992, section 8.16, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY.] The attorney general, or any 
deputy, assistant, or special assistant attorney general whom 
the attorney general authorizes in writing, has the authority in 
any county of the state to subpoena and require the production 
of any records of telephone companies, cellular phone companies, 
paging companies, electric companies, gas companies, water 
utilities, chemical suppliers, hotels and motels, pawn shops, 
airlines, buses, taxis, and other entities engaged in the 
business of transporting people, and freight 
companies, self-service storage facilities, warehousing 
companies, package delivery companies, and other entities 
engaged in the businesses of transport, storage, or delivery, 
and records of the existence of safe deposit box account numbers 
and customer savings and checking account numbers maintained by 
financial institutions and safe deposit companies.  Subpoenas 
may only be issued for records that are relevant to an ongoing 
legitimate law enforcement investigation. 
    Sec. 2.  Minnesota Statutes 1992, section 169.222, is 
amended by adding a subdivision to read: 
    Subd. 11.  [PEACE OFFICERS OPERATING BICYCLES.] The 
provisions of this section governing operation of bicycles do 
not apply to bicycles operated by peace officers while 
performing their duties. 
    Sec. 3.  Minnesota Statutes 1992, section 169.98, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [VEHICLE STOPS.] Except as otherwise permitted 
under sections 221.221 and 299D.06, Only a person who is 
licensed as a peace officer, constable, or part-time peace 
officer under sections 626.84 to section 626.863 may use a motor 
vehicle governed by subdivision 1 to stop a vehicle as defined 
in section 169.01, subdivision 2.  In addition, a hazardous 
materials specialist employed by the department of 
transportation may, in the course of responding to an emergency, 
use a motor vehicle governed by subdivision 1 to stop a vehicle 
as defined in section 169.01, subdivision 2. 
    Sec. 4.  Minnesota Statutes 1992, section 214.10, is 
amended by adding a subdivision to read: 
    Subd. 10.  [RECEIPT OF COMPLAINT.] Notwithstanding the 
provisions of subdivision 1 to the contrary, when the executive 
director or any member of the board of peace officer standards 
and training produces or receives a written statement or 
complaint that alleges a violation of a statute or rule that the 
board is empowered to enforce, the executive director shall 
designate the appropriate law enforcement agency to investigate 
the complaint and shall order it to conduct an inquiry into the 
complaint's allegations.  The investigating agency must complete 
the inquiry and submit a written summary of it to the executive 
director within 30 days of the order for inquiry. 
    Sec. 5.  Minnesota Statutes 1992, section 214.10, is 
amended by adding a subdivision to read: 
    Subd. 11.  [REASONABLE GROUNDS DETERMINATION.] (a) After 
the investigation is complete, the executive director shall 
convene a three-member committee of the board to determine if 
the complaint constitutes reasonable grounds to believe that a 
violation within the board's enforcement jurisdiction has 
occurred.  At least two members of the committee must be board 
members who are peace officers.  No later than 30 days before 
the committee meets, the executive director shall give the 
licensee who is the subject of the complaint and the complainant 
written notice of the meeting.  The executive director shall 
also give the licensee a copy of the complaint.  Before making 
its determination, the committee shall give the complaining 
party and the licensee who is the subject of the complaint a 
reasonable opportunity to be heard. 
    (b) The committee shall, by majority vote, after 
considering the information supplied by the investigating agency 
and any additional information supplied by the complainant or 
the licensee who is the subject of the complaint, take one of 
the following actions: 
    (1) find that reasonable grounds exist to believe that a 
violation within the board's enforcement jurisdiction has 
occurred and order that an administrative hearing be held; 
    (2) decide that no further action is warranted; or 
    (3) continue the matter. 
    The executive director shall promptly give notice of the 
committee's action to the complainant and the licensee. 
    (c) If the committee determines that a complaint does not 
relate to matters within its enforcement jurisdiction but does 
relate to matters within another state or local agency's 
enforcement jurisdiction, it shall refer the complaint to the 
appropriate agency for disposition. 
    Sec. 6.  Minnesota Statutes 1992, section 214.10, is 
amended by adding a subdivision to read: 
    Subd. 12.  [ADMINISTRATIVE HEARING; BOARD ACTION.] (a) 
Notwithstanding the provisions of subdivision 2 to the contrary, 
an administrative hearing shall be held if ordered by the 
committee under subdivision 11, paragraph (b).  After the 
administrative hearing is held, the administrative law judge 
shall refer the matter to the full board for final action. 
    (b) Before the board meets to take action on the matter and 
the executive director must notify the complainant and the 
licensee who is the subject of the complaint.  After the board 
meets, the executive director must promptly notify these 
individuals and the chief law enforcement officer of the agency 
employing the licensee of the board's disposition. 
    Sec. 7.  Minnesota Statutes 1992, section 214.10, is 
amended by adding a subdivision to read: 
    Subd. 13.  [DEFINITION.] As used in subdivisions 10 to 12, 
"appropriate law enforcement agency" means the law enforcement 
agency assigned by the executive director and the chair of the 
committee of the board convened under subdivision 11. 
    Sec. 8.  Minnesota Statutes 1992, section 299D.03, 
subdivision 1, is amended to read: 
    Subdivision 1.  [MEMBERS.] The commissioner is hereby 
authorized to employ and designate a chief supervisor, a chief 
assistant supervisor, and such assistant supervisors, sergeants 
and officers as are provided by law, who shall comprise the 
Minnesota state patrol.  The members of the Minnesota state 
patrol shall have the power and authority: 
    (1) As peace officers to enforce the provisions of the law 
relating to the protection of and use of trunk highways. 
    (2) At all times to direct all traffic on trunk highways in 
conformance with law, and in the event of a fire or other 
emergency, or to expedite traffic or to insure safety, to direct 
traffic on other roads as conditions may require notwithstanding 
the provisions of law. 
    (3) To serve search warrants related to criminal motor 
vehicle and traffic violations and arrest warrants, and legal 
documents anywhere in the state. 
    (4) To serve orders of the commissioner of public safety or 
the commissioner's duly authorized agents issued under the 
provisions of the Drivers License Law, the Safety Responsibility 
Act, or relating to authorized brake and light testing stations, 
anywhere in the state and to take possession of any license, 
permit or certificate ordered to be surrendered. 
    (5) To inspect official brake and light adjusting stations. 
    (6) To make appearances anywhere within the state for the 
purpose of conducting traffic safety educational programs and 
school bus clinics. 
      (7) To exercise upon all trunk highways the same powers 
with respect to the enforcement of laws relating to crimes, as 
sheriffs, constables and police officers. 
      (8) To cooperate, under instructions and rules of the 
commissioner of public safety, with all sheriffs and other 
police officers anywhere in the state, provided that said 
employees shall have no power or authority in connection with 
strikes or industrial disputes. 
      (9) To assist and aid any peace officer whose life or 
safety is in jeopardy. 
      (10) As peace officers to provide security and protection 
to the governor, governor elect, either or both houses of the 
legislature, and state buildings or property in the manner and 
to the extent determined to be necessary after consultation with 
the governor, or a designee.  Pursuant to this clause, members 
of the state patrol, acting as peace officers have the same 
powers with respect to the enforcement of laws relating to 
crimes, as sheriffs, constables and police officers have within 
their respective jurisdictions. 
      (11) To inspect school buses anywhere in the state for the 
purposes of determining compliance with vehicle equipment, 
pollution control, and registration requirements. 
      (12) As peace officers to make arrests for public offenses 
committed in their presence anywhere within the state.  Persons 
arrested for violations other than traffic violations shall be 
referred forthwith to the appropriate local law enforcement 
agency for further investigation or disposition. 
     The state may contract for state patrol members to render 
the services described in this section in excess of their 
regularly scheduled duty hours and patrol members rendering such 
services shall be compensated in such amounts, manner and under 
such conditions as the agreement provides. 
     Employees thus employed and designated shall subscribe an 
oath. 
    Sec. 9.  Minnesota Statutes 1992, section 299D.06, is 
amended to read: 
    299D.06 [INSPECTIONS; WEIGHING.] 
    Personnel to enforce the laws relating to motor vehicle 
equipment, school bus equipment, drivers license, motor vehicle 
registration, motor vehicle size and weight, and motor vehicle 
petroleum tax, to enforce public utilities commission rules 
relating to motor carriers, to enforce pollution control agency 
rules relating to motor vehicle noise abatement, and to enforce 
laws relating to directing the movement of vehicles shall be 
classified employees of the commissioner of public safety 
assigned to the division of state patrol.  Employees engaged in 
these duties, while actually on the job during their working 
hours only, shall have power to issue citations in lieu of 
arrest and continued detention and to prepare notices to appear 
in court for violation of these laws and rules, in the manner 
provided in section 169.91, subdivision 3.  They shall not be 
armed and shall have none of the other powers and privileges 
reserved to peace officers. 
    Sec. 10.  Minnesota Statutes 1992, section 388.23, 
subdivision 1, is amended to read: 
    Subdivision 1.  [AUTHORITY.] The county attorney, or any 
deputy or assistant county attorney whom the county attorney 
authorizes in writing, has the authority to subpoena and require 
the production of any records of telephone companies, cellular 
phone companies, paging companies, electric companies, gas 
companies, water utilities, chemical suppliers, hotels and 
motels, pawn shops, airlines, buses, taxis, and other entities 
engaged in the business of transporting people, and freight 
companies, warehousing companies, self-service storage 
facilities, package delivery companies, and other entities 
engaged in the businesses of transport, storage, or delivery, 
and records of the existence of safe deposit box account numbers 
and customer savings and checking account numbers maintained by 
financial institutions and safe deposit companies.  Subpoenas 
may only be issued for records that are relevant to an ongoing 
legitimate law enforcement investigation. 
    Sec. 11.  [473.407] [METROPOLITAN TRANSIT COMMISSION 
POLICE.] 
    Subdivision 1.  [AUTHORIZATION.] The metropolitan transit 
commission may appoint peace officers, as defined in section 
626.84, subdivision 1, paragraph (c), and establish a law 
enforcement agency, as defined in section 626.84, subdivision 1, 
paragraph (h), known as the metropolitan transit commission 
police, to police its property and routes and to make arrests 
under sections 629.30 and 629.34.  The jurisdiction of the law 
enforcement agency is limited to offenses relating to commission 
property, equipment, employees, and passengers. 
    Subd. 2.  [LIMITATIONS.] The initial processing of a person 
arrested by the transit commission police for an offense within 
the agency's jurisdiction is the responsibility of the transit 
commission police unless otherwise directed by the law 
enforcement agency with primary jurisdiction.  A subsequent 
investigation is the responsibility of the law enforcement 
agency of the jurisdiction in which the crime was committed.  
The transit commission police are not authorized to apply for a 
search warrant as prescribed in section 626.05. 
    Subd. 3.  [POLICIES.] Before the commission begins to 
operate its law enforcement agency within a city or county with 
an existing law enforcement agency, the transit commission 
police shall develop, in conjunction with the law enforcement 
agencies, written policies that describe how the issues of joint 
jurisdiction will be resolved.  The policies must also address 
the operation of emergency vehicles by transit commission police 
responding to commission emergencies.  These policies must be 
filed with the board of peace officer standards and training by 
August 1, 1993. Revisions of any of these policies must be filed 
with the board within ten days of the effective date of the 
revision.  The commission shall train all of its peace officers 
regarding the application of these policies. 
    Subd. 4.  [CHIEF LAW ENFORCEMENT OFFICER.] The commission 
shall appoint a peace officer employed full time to be the chief 
law enforcement officer and to be responsible for the management 
of the law enforcement agency.  The person shall possess the 
necessary police and management experience and have the title of 
chief of metropolitan transit commission police services.  All 
other police management and supervisory personnel must be 
employed full time by the commission.  Supervisory personnel 
must be on duty and available any time transit commission police 
are on duty.  The commission may not hire part-time peace 
officers as defined in section 626.84, subdivision 1, paragraph 
(f), except that the commission may appoint peace officers to 
work on a part-time basis not to exceed 30 full-time equivalents.
    Subd. 5.  [EMERGENCIES.] (a) The commission shall ensure 
that all emergency vehicles used by transit commission police 
are equipped with radios capable of receiving and transmitting 
on the same frequencies utilized by the law enforcement agencies 
that have primary jurisdiction. 
    (b) When the transit commission police receive an emergency 
call they shall notify the public safety agency with primary 
jurisdiction and coordinate the appropriate response. 
    (c) Transit commission police officers shall notify the 
primary jurisdictions of their response to any emergency. 
    Subd. 6.  [COMPLIANCE.] Except as otherwise provided in 
this section, the transit commission police shall comply with 
all statutes and administrative rules relating to the operation 
and management of a law enforcement agency. 
     Sec. 12.  Minnesota Statutes 1992, section 480.0591, 
subdivision 6, is amended to read: 
    Subd. 6.  [PRESENT LAWS EFFECTIVE UNTIL MODIFIED; RIGHTS 
RESERVED.] Present statutes relating to evidence shall be 
effective until modified or superseded by court rule.  If a rule 
of evidence is promulgated which is in conflict with a statute, 
the statute shall thereafter be of no force and effect.  The 
supreme court, however, shall not have the power to promulgate 
rules of evidence which conflict, modify, or supersede the 
following statutes: 
    (a) statutes which relate to the competency of witnesses to 
testify, found in sections 595.02 to 595.025; 
    (b) statutes which establish the prima facie evidence as 
proof of a fact; 
    (c) statutes which establish a presumption or a burden of 
proof; 
    (d) statutes which relate to the admissibility of 
statistical probability evidence based on genetic or blood test 
results, found in sections 634.25 to 634.30; 
    (e) statutes which relate to the privacy of communications; 
and 
    (e) (f) statutes which relate to the admissibility of 
certain documents. 
    The legislature may enact, modify, or repeal any statute or 
modify or repeal any rule of evidence promulgated under this 
section. 
    Sec. 13.  Minnesota Statutes 1992, section 626.05, 
subdivision 2, is amended to read: 
    Subd. 2.  The term "peace officer," as used in sections 
626.04 to 626.17, means a person who is licensed as a peace 
officer in accordance with section 626.84, subdivision 1, and 
who serves as a sheriff, deputy sheriff, police officer, 
constable, conservation officer, agent of the bureau of criminal 
apprehension, agent of the division of gambling enforcement, or 
University of Minnesota peace officer, or state patrol trooper 
as authorized by section 299D.03. 
    Sec. 14.  Minnesota Statutes 1992, section 626.13, is 
amended to read: 
    626.13 [SERVICE; PERSONS MAKING.] 
    A search warrant may in all cases be served by any of the 
officers mentioned in its directions, but by no other person, 
except in aid of the officer on the officer's requiring it, the 
officer being present and acting in its execution.  If the 
warrant is to be served by an agent of the bureau of criminal 
apprehension, an agent of the division of gambling enforcement, 
a state patrol trooper, or a conservation officer, the agent, 
state patrol trooper, or conservation officer shall notify the 
chief of police of an organized full-time police department of 
the municipality or, if there is no such local chief of police, 
the sheriff or a deputy sheriff of the county in which service 
is to be made prior to execution. 
    Sec. 15.  Minnesota Statutes 1992, section 626A.05, 
subdivision 1, is amended to read: 
    Subdivision 1.  [APPLICATION FOR WARRANT.] The attorney 
general, or not more than one assistant or special assistant 
attorney general specifically designated by the attorney 
general, or a county attorney of any county, or not more than 
one assistant county attorney specifically designated by the 
county attorney, may make application as provided in section 
626A.06, to a judge of the district court, of the court of 
appeals, or of the supreme court for a warrant authorizing or 
approving the interception of wire, electronic, or oral 
communications by investigative or law enforcement officers 
having responsibility for the investigation of the offense as to 
which the application is made.  No court commissioner shall 
issue a warrant under this chapter. 
    Sec. 16.  Minnesota Statutes 1992, section 626A.06, 
subdivision 4, is amended to read: 
    Subd. 4.  [THE WARRANT.] Each warrant to intercept 
communications shall be directed to a law enforcement officer, 
commanding the officer to hold the recording of all intercepted 
communications conducted under said warrant in custody subject 
to the further order of the court issuing the warrant.  The 
warrant shall contain the grounds for its issuance with 
findings, as to the existence of the matters contained in 
subdivision 1 and shall also specify: 
    (a) the identity of the person, if known, whose 
communications are to be intercepted and recorded; 
    (b) the nature and location of the communications 
facilities as to which, or the place where, authority to 
intercept is granted, and in the case of telephone or telegraph 
communications the general designation of the particular line or 
lines involved; 
    (c) a particular description of the type of communication 
sought to be intercepted, and a statement of the particular 
offense to which it relates; 
     (d) the identity of the law enforcement office or agency 
authorized to intercept the communications, the name of the 
officer or officers thereof authorized to intercept 
communications, and of the person authorizing the application; 
     (e) the period of time during which such interception is 
authorized, including a statement as to whether or not the 
interception shall automatically terminate when the described 
communication has been first obtained; 
    (f) any other limitations on the interception of 
communications being authorized, for the protection of the 
rights of third persons; 
    (g) a statement that using, divulging, or disclosing any 
information concerning such application and warrant for 
intercepting communications is prohibited and that any violation 
is punishable by the penalties of this chapter. 
    (h) a statement that the warrant shall be executed as soon 
as practicable, shall be executed in such a way as to minimize 
the interception of communications not otherwise subject to 
interception under this chapter and must terminate upon 
attainment of the authorized objective, or in any event in ten 
30 days.  The ten-day 30-day period begins on the earlier of the 
day on which the investigative or law enforcement officer first 
begins to conduct an interception under the order or ten days 
after the order is received.  In the event the intercepted 
communication is in a code or foreign language, and an expert in 
that foreign language or code is not reasonably available during 
the interception period, minimization may be accomplished as 
soon as practicable after such interception.  
    An order authorizing the interception of a wire, oral, or 
electronic communication under this chapter must, upon request 
of the applicant, direct that a provider of wire or electronic 
communication service, landlord, custodian, or other person 
shall furnish the applicant immediately all information, 
facilities, and technical assistance necessary to accomplish the 
interception unobtrusively and with a minimum of interference 
with the services that the service provider, landlord, 
custodian, or person is according the person whose 
communications are to be intercepted.  A provider of wire or 
electronic communication service, landlord, custodian, or other 
person furnishing facilities or technical assistance must be 
compensated by the applicant for reasonable expenses incurred in 
providing the facilities or assistance. 
    Denial of an application for a warrant to intercept 
communications or of an application for renewal of such warrant 
shall be by written order that shall include a statement as to 
the offense or offenses designated in the application, the 
identity of the official applying for the warrant and the name 
of the law enforcement office or agency.  
    Sec. 17.  Minnesota Statutes 1992, section 626A.06, 
subdivision 5, is amended to read: 
    Subd. 5.  [DURATION OF WARRANT.] No warrant entered under 
this section may authorize or approve the interception of any 
wire, electronic, or oral communication for any period longer 
than is necessary to achieve the objective of the authorization, 
nor in any event longer than ten 30 days.  
    The effective period of any warrant for intercepting 
communications shall terminate immediately when any person named 
in the warrant has been charged with an offense specified in the 
warrant.  
    Sec. 18.  Minnesota Statutes 1992, section 626A.06, 
subdivision 6, is amended to read: 
    Subd. 6.  [EXTENSIONS.] Any judge of the district court, of 
the court of appeals, or of the supreme court may grant 
extensions of a warrant, but only upon application for an 
extension made in accordance with subdivision 1 and the court 
making the findings required by subdivision 3.  The period of 
extension shall be no longer than the authorizing judge deems 
necessary to achieve the purposes for which it was granted and 
in no event for longer than ten 30 days.  In addition to 
satisfying the requirements of subdivision 1, an application for 
a renewal an extension of any warrant for intercepting 
communications shall also: 
    (a) contain a statement that all interception of 
communications under prior warrants has been in compliance with 
this chapter; 
    (b) contain a statement setting forth the results thus far 
obtained from the interception or a reasonable explanation of 
the failure to obtain results; 
    (c) state the continued existence of the matters contained 
in subdivision 1; and 
    (d) specify the facts and circumstances of the interception 
of communications under prior warrants which are relied upon by 
the applicant to show that such continued interception of 
communications is necessary and in the public interest.  
    Any application to intercept communications of a person 
previously the subject of such a warrant for any offense 
designated in a prior warrant shall constitute a renewal of such 
warrant.  
    Sec. 19.  Minnesota Statutes 1992, section 626A.10, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NOTICE OF ORDER.] Within a reasonable time 
but not later than 90 days after the termination of the period 
of a warrant or extensions thereof, the issuing or denying judge 
shall cause to be served, on the persons named in the warrant 
and the application, and such other parties to intercepted 
communications as the judge may determine that is in the 
interest of justice, an inventory which shall include notice of: 
    (1) the fact of the issuance of the warrant or the 
application; 
    (2) the date of the issuance and the period of authorized, 
approved or disapproved interception, or the denial of the 
application; and 
    (3) the fact that during the period wire, electronic, or 
oral communications were or were not intercepted.  
    On an ex parte showing to a court of competent jurisdiction 
that there is a need to continue the investigation and that the 
investigation would be harmed by service of the inventory at 
this time, service of the inventory required by this subdivision 
may be postponed for an additional 90-day period. 
    Sec. 20.  Minnesota Statutes 1992, section 626A.11, 
subdivision 1, is amended to read: 
    Subdivision 1.  [ILLEGALLY OBTAINED EVIDENCE INADMISSIBLE.] 
Evidence obtained by any act of intercepting wire, oral, or 
electronic communications, in violation of section 626A.02, and 
all evidence obtained through or resulting from information 
obtained by any such act, shall be inadmissible for any purpose 
in any action, proceeding, or hearing; provided, however, that:  
(1) any such evidence shall be admissible in any civil or 
criminal action, proceeding, or hearing against the person who 
has, or is alleged to have, violated this chapter; and (2) any 
evidence obtained by a lawfully executed warrant to intercept 
wire, oral, or electronic communications issued by a federal 
court or by a court of competent jurisdiction of another state 
shall be admissible in any civil or criminal proceeding. 
     Sec. 21.  [INSTRUCTION TO REVISOR.] 
    The revisor shall substitute the reference "473.407" for 
the reference "629.40, subdivision 5" in Minnesota Statutes, 
section 352.01, subdivision 2b, clause (34). 
    Sec. 22.  [REPEALER.] 
    Minnesota Statutes 1992, section 214.10, subdivisions 4, 5, 
6, and 7, are repealed. 
     Minnesota Statutes 1992, section 629.40, subdivision 5, is 
repealed. 
    Sec. 23.  [APPLICATION.] 
    Sections 473.407 and the repeal of section 629.40, 
subdivision 5, apply in the counties of Anoka, Carver, Dakota, 
Hennepin, Ramsey, Scott, and Washington. 

                               ARTICLE 8 

                              CORRECTIONS 
    Section 1.  Minnesota Statutes 1992, section 16B.08, 
subdivision 7, is amended to read: 
    Subd. 7.  [SPECIFIC PURCHASES.] (a) The following may be 
purchased without regard to the competitive bidding requirements 
of this chapter:  
    (1) merchandise for resale at state park refectories or 
facility operations; 
    (2) farm and garden products, which may be sold at the 
prevailing market price on the date of the sale; 
    (3) meat for other state institutions from the technical 
college maintained at Pipestone by independent school district 
No. 583; and 
    (4) furniture products and services from the Minnesota 
correctional facilities.  
    (b) Supplies, materials, equipment, and utility services 
for use by a community-based residential facility operated by 
the commissioner of human services may be purchased or rented 
without regard to the competitive bidding requirements of this 
chapter. 
    (c) Supplies, materials, or equipment to be used in the 
operation of a hospital licensed under sections 144.50 to 144.56 
that are purchased under a shared service purchasing arrangement 
whereby more than one hospital purchases supplies, materials, or 
equipment with one or more other hospitals, either through one 
of the hospitals or through another entity, may be purchased 
without regard to the competitive bidding requirements of this 
chapter if the following conditions are met: 
     (1) the hospital's governing authority authorizes the 
arrangement; 
     (2) the shared services purchasing program purchases items 
available from more than one source on the basis of competitive 
bids or competitive quotations of prices; and 
     (3) the arrangement authorizes the hospital's governing 
authority or its representatives to review the purchasing 
procedures to determine compliance with these requirements. 
     Sec. 2.  Minnesota Statutes 1992, section 147.09, is 
amended to read: 
    147.09 [EXEMPTIONS.] 
    Section 147.081 does not apply to, control, prevent or 
restrict the practice, service, or activities of:  
    (1) A person who is a commissioned medical officer of, a 
member of, or employed by, the armed forces of the United 
States, the United States Public Health Service, the Veterans 
Administration, any federal institution or any federal agency 
while engaged in the performance of official duties within this 
state, if the person is licensed elsewhere.  
    (2) A licensed physician from a state or country who is in 
actual consultation here.  
    (3) A licensed or registered physician who treats the 
physician's home state patients or other participating patients 
while the physicians and those patients are participating 
together in outdoor recreation in this state as defined by 
section 86A.03, subdivision 3.  A physician shall first register 
with the board on a form developed by the board for that 
purpose.  The board shall not be required to promulgate the 
contents of that form by rule.  No fee shall be charged for this 
registration.  
    (4) A student practicing under the direct supervision of a 
preceptor while the student is enrolled in and regularly 
attending a recognized medical school.  
     (5) A student who is in continuing training and performing 
the duties of an intern or resident or engaged in postgraduate 
work considered by the board to be the equivalent of an 
internship or residency in any hospital or institution approved 
for training by the board. 
     (6) A person employed in a scientific, sanitary, or 
teaching capacity by the state university, the state department 
of education, or by any public or private school, college, or 
other bona fide educational institution, or the state department 
of health, whose duties are entirely of a public health or 
educational character, while engaged in such duties. 
     (7) Physician's assistants registered in this state.  
     (8) A doctor of osteopathy duly licensed by the state board 
of osteopathy under Minnesota Statutes 1961, sections 148.11 to 
148.16, prior to May 1, 1963, who has not been granted a license 
to practice medicine in accordance with this chapter provided 
that the doctor confines activities within the scope of the 
license. 
     (9) Any person licensed by a health related licensing 
board, as defined in section 214.01, subdivision 2, or 
registered by the commissioner of health pursuant to section 
214.13, including psychological practitioners with respect to 
the use of hypnosis; provided that the person confines 
activities within the scope of the license.  
    (10) A person who practices ritual circumcision pursuant to 
the requirements or tenets of any established religion. 
    (11) A Christian Scientist or other person who endeavors to 
prevent or cure disease or suffering exclusively by mental or 
spiritual means or by prayer. 
    (12) A physician licensed to practice medicine in another 
state who is in this state for the sole purpose of providing 
medical services at a competitive athletic event.  The physician 
may practice medicine only on participants in the athletic 
event.  A physician shall first register with the board on a 
form developed by the board for that purpose.  The board shall 
not be required to adopt the contents of the form by rule.  The 
physician shall provide evidence satisfactory to the board of a 
current unrestricted license in another state.  The board shall 
charge a fee of $50 for the registration.  
    (13) A psychologist licensed under section 148.91 or a 
social worker licensed under section 148B.21 who uses or 
supervises the use of a penile or vaginal plethysmograph in 
assessing and treating individuals suspected of engaging in 
aberrant sexual behavior and sex offenders. 
    Sec. 3.  Minnesota Statutes 1992, section 241.09, is 
amended to read: 
    241.09 [UNCLAIMED MONEY OR PERSONAL PROPERTY OF INMATES OF 
CORRECTIONAL FACILITIES.] 
    Subdivision 1.  [MONEY.] When the chief executive officer 
of any state correctional facility under the jurisdiction of the 
commissioner of corrections obtains money belonging to inmates 
of the facility who have died, been released or escaped, and the 
chief executive officer knows no claimant or person entitled to 
it, the chief executive officer shall, if the money is unclaimed 
within two years six months, deposit it in the inmate social 
welfare fund for the benefit of the inmates of the facility.  No 
money shall be so deposited until it has remained unclaimed for 
at least two years six months.  If, at any time after the 
expiration of the two years six months, the inmate or the legal 
heirs appear and make proper proof of identity or heirship, the 
inmate or heirs are entitled to receive from the state treasurer 
any money belonging to the inmate and deposited in the inmate 
social welfare fund pursuant to this subdivision. 
    Subd. 2.  [UNCLAIMED PERSONAL PROPERTY.] When any inmate of 
a state correctional facility under the jurisdiction of the 
commissioner of corrections has died, been released or escaped 
therefrom leaving in the custody of the chief executive officer 
thereof personal property, other than money, which remains 
unclaimed for a period of two years 90 days, and the chief 
executive officer knows no person entitled to it, the chief 
executive officer or the chief executive officer's agent may 
sell or otherwise dispose of the property in the manner provided 
by law for the sale or disposition of state property.  The 
proceeds of any sale, after deduction of the costs shall be 
deposited in the inmate social welfare fund for expenditure as 
provided in subdivision 1.  Any inmate whose property has been 
sold under this subdivision, or heirs of the inmate, may file 
with, and make proof of ownership to, the chief executive 
officer of the institution who caused the sale of the property 
within two years after the sale, and, upon satisfactory proof to 
the chief executive officer, the chief executive officer shall 
certify to the state treasurer the amount received by the sale 
of such property for payment to the inmate or heirs.  No suit 
shall be brought for damages consequent to the disposal of 
personal property or use of money in accordance with this 
section against the state or any official, employee, or agent 
thereof. 
    Sec. 4.  Minnesota Statutes 1992, section 241.26, 
subdivision 5, is amended to read: 
    Subd. 5.  [EARNINGS; WORK RELEASE ACCOUNT.] The net 
earnings of each inmate participating in the work release 
program provided by this section may be collected by or 
forwarded to the commissioner of corrections for deposit to the 
account of the inmate in the work release account in the state 
treasury, or the inmate may be permitted to collect, retain, and 
expend the net earnings from the inmate's employment under rules 
established by the commissioner of corrections.  The money 
collected by or forwarded to the commissioner under the rules 
shall remain under the control of the commissioner for the sole 
benefit of the inmate.  After making deductions for the payment 
of state and local taxes, if necessary, and for repayment of 
advances and gate money as provided in section 243.24, wages 
under the control of the commissioner and wages retained by the 
inmate may be disbursed by the commissioner or expended by the 
inmate for the following purposes and in the following order:  
    (1) The cost of the inmate's keep as determined by 
subdivision 7, which money shall be deposited in the general 
fund of the state treasury if the inmate is housed in a state 
correctional facility, or shall be paid directly to the place of 
confinement as designated by the commissioner pursuant to 
subdivision 1; 
    (2) Necessary travel expense to and from work and other 
incidental expenses of the inmate; 
    (3) Support of inmate's dependents, if any; 
    (4) Court-ordered restitution, if any; 
    (5) Fines, surcharges, or other fees assessed or ordered by 
the court; 
    (6) Contribution to any programs established by law to aid 
victims of crime, provided that the contribution must not be 
more than 20 percent of the inmate's gross wages; 
    (6) (7) Restitution to the commissioner of corrections 
ordered by a prison disciplinary hearing officer for damage to 
property caused by an inmate's conduct; 
    (7) (8) After the above expenditures, the inmate shall have 
discretion to direct payment of the balance, if any, upon proper 
proof of personal legal debts; 
    (8) (9) The balance, if any, shall be disbursed to the 
inmate as provided in section 243.24, subdivision 1. 
    The commissioner may authorize the payment of court-ordered 
restitution from an inmate's wages when the restitution was 
court ordered as a sanction for the conviction of an offense 
which is not the offense of commitment, including offenses which 
occurred prior to the offense for which the inmate was committed 
to the commissioner.  All money in the work release account are 
appropriated annually to the commissioner of corrections for the 
purposes of the work release program. 
    Sec. 5.  Minnesota Statutes 1992, section 241.67, 
subdivision 1, is amended to read: 
    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.  Offenders who are eligible to receive treatment, 
within the limits of available funding, 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; and 
    (4) adults and juveniles who are eligible for 
community-based treatment under the sex offender treatment fund 
established in section 241.671. 
    Sec. 6.  Minnesota Statutes 1992, section 241.67, 
subdivision 2, is amended to read: 
    Subd. 2.  [TREATMENT PROGRAM STANDARDS.] (a) 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 and 
state-operated adult and juvenile sex offender treatment 
programs not operated in state or local correctional facilities. 
The rules shall require that sex offender treatment programs be 
at least four months in duration.  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).  
    (b) By July 1, 1994, the commissioner shall adopt rules 
under chapter 14 for the certification of community-based adult 
and juvenile sex offender treatment programs not operated in 
state or local correctional facilities. 
    (c) In addition to other certification requirements 
established under paragraphs paragraph (a) and (b), rules 
adopted by the commissioner must require all certified programs 
certified under this subdivision to participate in an the sex 
offender program ongoing outcome-based evaluation and quality 
management system project established by the commissioner under 
section 3. 
    Sec. 7.  Minnesota Statutes 1992, section 241.67, is 
amended by adding a subdivision to read: 
    Subd. 8.  [COMMUNITY-BASED SEX OFFENDER PROGRAM EVALUATION 
PROJECT.] (a) For the purposes of this project, a sex offender 
is an adult who has been convicted, or a juvenile who has been 
adjudicated, for a sex offense or a sex-related offense and has 
been sentenced to sex offender treatment as a condition of 
probation. 
    (b) The commissioner shall develop a long-term project to 
accomplish the following: 
    (1) provide follow-up information on each sex offender for 
a period of three years following the offender's completion of 
or termination from treatment; 
    (2) provide treatment programs in several geographical 
areas in the state; 
    (3) provide the necessary data to form the basis to 
recommend a fiscally sound plan to provide a coordinated 
statewide system of effective sex offender treatment 
programming; and 
    (4) provide an opportunity to local and regional 
governments, agencies, and programs to establish models of sex 
offender programs that are suited to the needs of that region. 
    (c) The commissioner shall provide the legislature with an 
annual report of the data collected and the status of the 
project by October 15 of each year, beginning in 1993. 
    (d) The commissioner shall establish an advisory task force 
consisting of county probation officers from community 
corrections act counties and other counties, court services 
providers, and other interested officials.  The commissioner 
shall consult with the task force concerning the establishment 
and operation of the project. 
    Sec. 8.  Minnesota Statutes 1992, section 243.23, 
subdivision 3, is amended to read: 
    Subd. 3.  [EXCEPTIONS.] Notwithstanding sections 241.26, 
subdivision 5, and 243.24, subdivision 1, the commissioner may 
promulgate rules for the disbursement of funds earned under 
subdivision 1, or other funds in an inmate account, and section 
243.88, subdivision 2,.  The commissioner shall first make 
deductions for the following expenses:  federal and state taxes; 
repayment of advances; gate money as provided in section 243.24; 
and, where applicable, mandatory savings as provided by United 
States Code, title 18, section 1761, as amended.  The 
commissioner's rules may then provide for disbursements to be 
made in the following order of priority: 
    (1) for the support of families and dependent relatives of 
the respective inmates,; 
    (2) for the payment of court-ordered restitution,; 
    (3) for payment of fines, surcharges, or other fees 
assessment or ordered by a court; 
    (4) for contribution to any programs established by law to 
aid victims of crime provided that the contribution shall not be 
more than 20 percent of an inmate's gross wages,; 
    (5) for the payment of restitution to the commissioner 
ordered by prison disciplinary hearing officers for damage to 
property caused by an inmate's conduct,; and 
    (6) for the discharge of any legal obligations arising out 
of litigation under this subdivision.  
    The commissioner may authorize the payment of court-ordered 
restitution from an inmate's wages when the restitution was 
court ordered as a sanction for the conviction of an offense 
which is not the offense of commitment, including offenses which 
occurred prior to the offense for which the inmate was committed 
to the commissioner.  An inmate of an adult correctional 
facility under the control of the commissioner is subject to 
actions for the enforcement of support obligations and 
reimbursement of any public assistance rendered the dependent 
family and relatives.  The commissioner may conditionally 
release an inmate who is a party to an action under this 
subdivision and provide for the inmate's detention in a local 
detention facility convenient to the place of the hearing when 
the inmate is not engaged in preparation and defense. 
    Sec. 9.  Minnesota Statutes 1992, section 244.05, is 
amended by adding a subdivision to read: 
    Subd. 8.  [CONDITIONAL MEDICAL RELEASE.] The commissioner 
may order that an offender be placed on conditional medical 
release before the offender's scheduled supervised release date 
or target release date if the offender suffers from a grave 
illness or medical condition and the release poses no threat to 
the public.  In making the decision to release an offender on 
this status, the commissioner must consider the offender's age 
and medical condition, the health care needs of the offender, 
the offender's custody classification and level of risk of 
violence, the appropriate level of community supervision, and 
alternative placements that may be available for the offender.  
An inmate may not be released under this provision unless the 
commissioner has determined that the inmate's health costs are 
likely to be borne by medical assistance, Medicaid, general 
assistance medical care, veteran's benefits, or by any other 
federal or state medical assistance programs or by the inmate.  
Conditional medical release is governed by provisions relating 
to supervised release except that it may be rescinded without 
hearing by the commissioner if the offender's medical condition 
improves to the extent that the continuation of the conditional 
medical release presents a more serious risk to the public. 
    Sec. 10.  Minnesota Statutes 1992, section 244.17, 
subdivision 3, is amended to read: 
    Subd. 3.  [OFFENDERS NOT ELIGIBLE.] The following offenders 
are not eligible to be placed in the challenge incarceration 
program: 
    (1) offenders who are committed to the commissioner's 
custody following a conviction for murder, manslaughter, 
criminal sexual conduct, assault, kidnapping, robbery, arson, or 
any other offense involving death or intentional personal 
injury; and 
    (2) offenders who previously were convicted within the 
preceding ten years of an offense described in clause (1) and 
were committed to the custody of the commissioner. 
    Sec. 11.  Minnesota Statutes 1992, section 244.172, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PHASE I.] Phase I of the program lasts at 
least six months.  The offender must be confined in a state 
correctional facility designated by the commissioner and must 
successfully participate in all intensive treatment, education 
and work programs required by the commissioner.  The offender 
must also submit on demand to random drug and alcohol testing at 
time intervals set by the commissioner.  For the first three 
months of phase I, the offender may not receive visitors or 
telephone calls, except under emergency 
circumstances.  Throughout phase I, the commissioner must 
severely restrict the offender's telephone and visitor 
privileges. 
    Sec. 12.  Minnesota Statutes 1992, section 244.172, 
subdivision 2, is amended to read: 
    Subd. 2.  [PHASE II.] Phase II of the program lasts at 
least six months.  The offender shall serve this phase of the 
offender's sentence in an intensive supervision and surveillance 
program established by the commissioner.  The commissioner may 
impose such requirements on the offender as are necessary to 
carry out the goals of the program.  Throughout phase II, the 
offender must be required to submit to daily drug and alcohol 
tests for the first three months; biweekly tests for the next 
two months; and weekly tests for the remainder of phase 
II randomly or for cause, on demand of the supervising agent.  
The commissioner shall also require the offender to report daily 
to a day-reporting facility designated by the commissioner.  In 
addition, if the commissioner required the offender to undergo 
acupuncture during phase I, the offender must continue to submit 
to acupuncture treatment throughout phase II, on demand of the 
supervising agent. 
    Sec. 13.  Minnesota Statutes 1992, 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 the child's 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 
245A.01 to 245A.16; or 
       (4) 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) 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 person or 
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; 609.345; 609.3451; 609.746, 
subdivision 1; 609.79; or 617.23, or another offense arising out 
of a delinquency petition based on one or more of those 
sections, 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 must be experienced in the evaluation and treatment of 
juvenile sex offenders.  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.  Notwithstanding section 13.42, 
13.85, 144.335, 260.161, or 626.556, the assessor has access to 
the following private or confidential data on the child if 
access is relevant and necessary for the assessment: 
     (1) medical data under section 13.42; 
     (2) corrections and detention data under section 13.85; 
     (3) health records under section 144.335; 
     (4) juvenile court records under section 260.161; and 
     (5) local welfare agency records under section 626.556. 
     Data disclosed under this paragraph may be used only for 
purposes of the assessment and may not be further disclosed to 
any other person, except as authorized by law. 
     If the child is found delinquent due to the commission of 
an offense that would be a felony if committed by an adult, the 
court shall make a specific finding on the record regarding the 
juvenile's mental health and chemical dependency treatment needs.
     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. 
    Sec. 14.  Minnesota Statutes 1992, section 541.15, is 
amended to read: 
    541.15 [PERIODS OF DISABILITY NOT COUNTED.] 
    (a) Except as provided in paragraph (b), any of the 
following grounds of disability, existing at the time when a 
cause of action accrued or arising anytime during the period of 
limitation, shall suspend the running of the period of 
limitation until the same is removed; provided that such period, 
except in the case of infancy, shall not be extended for more 
than five years, nor in any case for more than one year after 
the disability ceases: 
    (1) That the plaintiff is within the age of 18 years; 
    (2) The plaintiff's insanity; 
    (3) The plaintiff's imprisonment on a criminal charge, or 
under a sentence of a criminal court for a term less than the 
plaintiff's natural life; 
    (4) Is an alien and the subject or citizen of a country at 
war with the United States; 
    (5) (4) When the beginning of the action is stayed by 
injunction or by statutory prohibition.  
    If two or more disabilities shall coexist, the suspension 
shall continue until all are removed. 
    (b) In actions alleging malpractice, error, mistake, or 
failure to cure, whether based on contract or tort, against a 
health care provider, the ground of disability specified in 
paragraph (a), clause (1), suspends the period of limitation 
until the disability is removed.  The suspension may not be 
extended for more than seven years, or for more than one year 
after the disability ceases. 
     For purposes of this paragraph, health care provider means 
a physician, surgeon, dentist, or other health care professional 
or hospital, including all persons or entities providing health 
care as defined in section 145.61, subdivisions 2 and 4, or a 
certified health care professional employed by or providing 
services as an independent contractor in a hospital. 
    Sec. 15.  Minnesota Statutes 1992, section 631.41, is 
amended to read: 
    631.41 [REQUIRING THE COURT ADMINISTRATOR TO DELIVER 
TRANSCRIPT OF MINUTES OF SENTENCE TO SHERIFF.] 
    When a person convicted of an offense is sentenced to pay a 
fine or costs, or to be imprisoned in the county jail, or 
committed to the Minnesota correctional facility-Stillwater 
commissioner of corrections, the court administrator shall, as 
soon as possible, make out and deliver to the sheriff or a 
deputy a transcript from the minutes of the court of the 
conviction and sentence.  A duly certified transcript is 
sufficient authority for the sheriff to execute the sentence.  
Upon receiving the transcript, the sheriff shall execute the 
sentence. 
    Sec. 16.  [TRANSFER.] 
    Positions classified as sentencing to service crew leader 
and one sentencing to service supervisor in the department of 
natural resources are transferred to the Minnesota department of 
corrections under Minnesota Statutes, section 15.039.  Nothing 
in this section is intended to abrogate or modify any rights now 
enjoyed by affected employees under terms of an agreement 
between an exclusive bargaining representative and the state or 
one of its appointing authorities. 
    Sec. 17.  [REPEALER.] 
    Minnesota Statutes 1992, sections 241.25; 241.67, 
subdivision 5; and 241.671, are repealed. 

                                ARTICLE 9

                        NEW FELONY SENTENCING LAW
    Section 1.  Minnesota Statutes 1992, section 243.18, 
subdivision 2, is amended to read: 
    Subd. 2.  [WORK REQUIRED; GOOD TIME.] This subdivision 
applies only to inmates whose crimes were committed before 
August 1, 1993.  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. 2.  Minnesota Statutes 1992, section 243.18, is 
amended by adding a subdivision to read: 
    Subd. 3.  [WORK REQUIRED; DISCIPLINARY CONFINEMENT.] This 
subdivision applies only to inmates whose crimes were committed 
on or after August 1, 1993.  The commissioner shall impose a 
disciplinary confinement period of two days for each day on 
which a person for whom a work assignment is available 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. 3.  Minnesota Statutes 1992, section 244.01, 
subdivision 8, is amended to read: 
    Subd. 8.  "Term of imprisonment," as applied to inmates 
whose crimes were committed before August 1, 1993, is the period 
of time to for which an inmate is committed to the custody of 
the commissioner of corrections minus earned good time.  "Term 
of imprisonment," as applied to inmates whose crimes were 
committed on or after August 1, 1993, is the period of time 
which an inmate is ordered to serve in prison by the sentencing 
court, plus any disciplinary confinement period imposed by the 
commissioner under section 244.05, subdivision 1b equal to 
two-thirds of the inmate's executed sentence. 
    Sec. 4.  Minnesota Statutes 1992, section 244.01, is 
amended by adding a subdivision to read: 
    Subd. 9.  [EXECUTED SENTENCE.] "Executed sentence" means 
the total period of time for which an inmate is committed to the 
custody of the commissioner of corrections. 
    Sec. 5.  Minnesota Statutes 1992, section 244.05, 
subdivision 1b, is amended to read: 
    Subd. 1b.  [SUPERVISED RELEASE; OFFENDERS WHO COMMIT CRIMES 
ON OR AFTER AUGUST 1, 1993.] (a) Except as provided in 
subdivisions 4 and 5, every inmate sentenced to prison for a 
felony offense committed on or after August 1, 1993, shall serve 
a supervised release term upon completion of the inmate's term 
of imprisonment pronounced by the sentencing court under section 
244.101 and any disciplinary confinement period imposed by the 
commissioner due to the inmate's violation of any disciplinary 
offense rule adopted by the commissioner under paragraph (b).  
The amount of time the inmate serves on supervised release term 
shall be equal in length to the amount of time remaining in the 
inmate's imposed executed sentence after the inmate has served 
the pronounced term of imprisonment and any disciplinary 
confinement period imposed by the commissioner. 
    (b) By August 1, 1993, the commissioner shall modify the 
commissioner's existing disciplinary rules to specify 
disciplinary offenses which may result in imposition of a 
disciplinary confinement period and the length of the 
disciplinary confinement period for each disciplinary offense.  
These disciplinary offense rules may cover violation of 
institution rules, refusal to work, refusal to participate in 
treatment or other rehabilitative programs, and other matters 
determined by the commissioner.  No inmate who violates a 
disciplinary rule shall be placed on supervised release until 
the inmate has served the disciplinary confinement period or 
until the inmate is discharged or released from punitive 
segregation confinement, whichever is later.  The imposition of 
a disciplinary confinement period shall be considered to be a 
disciplinary sanction imposed upon an inmate, and the procedure 
for imposing the disciplinary confinement period and the rights 
of the inmate in the procedure shall be those in effect for the 
imposition of other disciplinary sanctions at each state 
correctional institution. 
    Sec. 6.  Minnesota Statutes 1992, section 244.101, is 
amended to read: 
    244.101 [SENTENCING OF FELONY OFFENDERS WHO COMMIT OFFENSES 
ON AND AFTER AUGUST 1, 1993.] 
    Subdivision 1.  [SENTENCING AUTHORITY EXECUTED SENTENCES.] 
When a felony offender is sentenced to a fixed executed prison 
sentence for an offense committed on or after August 1, 1993, 
the executed sentence pronounced by the court shall 
consist consists of two parts:  (1) a specified minimum term of 
imprisonment that is equal to two-thirds of the executed 
sentence; and (2) a specified maximum supervised release term 
that is one-half of the minimum term of imprisonment equal to 
one-third of the executed sentence.  The lengths of the term of 
imprisonment and the supervised release term actually served by 
an inmate are amount of time the inmate actually serves in 
prison and on supervised release is subject to the provisions of 
section 244.05, subdivision 1b. 
    Subd. 2.  [EXPLANATION OF SENTENCE.] When a court 
pronounces an executed sentence under this section, it 
shall specify explain:  (1) the total length of the executed 
sentence; (2) the amount of time the defendant will serve in 
prison; and (3) the amount of time the defendant will serve on 
supervised release, assuming the defendant commits no 
disciplinary offense in prison that may result results in the 
imposition of a disciplinary confinement period.  The court 
shall also explain that the defendant's term of imprisonment 
amount of time the defendant actually serves in prison may be 
extended by the commissioner if the defendant commits any 
disciplinary offenses in prison and that this extension could 
result in the defendant's serving the entire pronounced executed 
sentence in prison.  The court's explanation shall be included 
in the sentencing order a written summary of the sentence. 
    Subd. 3.  [NO RIGHT TO SUPERVISED RELEASE.] Notwithstanding 
the court's specification explanation of the potential length of 
a defendant's supervised release term in the sentencing order, 
the court's order explanation creates no right of a defendant to 
any specific, minimum length of a supervised release term. 
    Subd. 4.  [APPLICATION OF STATUTORY MANDATORY MINIMUM 
SENTENCES.] If the defendant is convicted of any offense for 
which a statute imposes a mandatory minimum sentence or term of 
imprisonment, the statutory mandatory minimum sentence or term 
governs the length of the entire executed sentence pronounced by 
the court under this section. 
    Sec. 7.  Minnesota Statutes 1992, section 244.14, 
subdivision 2, is amended to read: 
    Subd. 2.  [GOOD TIME NOT AVAILABLE.] An offender serving a 
sentence on intensive community supervision for a crime 
committed before August 1, 1993, does not earn good time, 
notwithstanding section 244.04. 
    Sec. 8.  Minnesota Statutes 1992, section 244.171, 
subdivision 3, is amended to read: 
    Subd. 3.  [GOOD TIME NOT AVAILABLE.] An offender in the 
challenge incarceration program whose crime was committed before 
August 1, 1993, does not earn good time during phases I and II 
of the program, notwithstanding section 244.04.  
    Sec. 9.  Minnesota Statutes 1992, section 609.346, 
subdivision 5, is amended to read: 
    Subd. 5.  [SUPERVISED CONDITIONAL RELEASE OF SEX 
OFFENDERS.] (a) Notwithstanding the statutory maximum sentence 
otherwise applicable to the offense or any provision of the 
sentencing guidelines, any person who is sentenced when a court 
sentences a person to prison for a violation of section 609.342, 
609.343, 609.344, or 609.345 must be sentenced to serve a 
supervised release term as provided in this subdivision.  The 
court shall sentence a person convicted for a violation of 
section 609.342, 609.343, 609.344, or 609.345 to serve a 
supervised release term of not less than five years., the court 
shall sentence a provide that after the person has completed the 
sentence imposed, the commissioner of corrections shall place 
the person on conditional release.  If the person was convicted 
for a violation of section 609.342, 609.343, 609.344, or 
609.345, the person shall be placed on conditional release for 
five years, minus the time the person served on supervised 
release.  If the person was convicted for a violation of one of 
those sections a second or subsequent time, or sentenced under 
subdivision 4 to a mandatory departure, to serve a supervised 
release term of not less than the person shall be placed on 
conditional release for ten years, minus the time the person 
served on supervised release. 
    (b) The commissioner of corrections shall set the level of 
supervision for offenders subject to this section based on the 
public risk presented by the offender.  The conditions of 
release may include successful completion of treatment and 
aftercare in a program approved by the commissioner, 
satisfaction of the release conditions specified in section 
244.05, subdivision 6, and any other conditions the commissioner 
considers appropriate.  If the offender fails to meet any 
condition of release, the commissioner may revoke the offender's 
conditional release and order that the offender serve the 
remaining portion of the conditional release term in prison.  
The commissioner shall not dismiss the offender from supervision 
before the conditional release term expires. 
    Conditional release under this subdivision is governed by 
provisions relating to supervised release, except as otherwise 
provided in this subdivision, section 244.04, subdivision 1, or 
244.05. 
    (c) The commissioner shall pay the cost of treatment of a 
person released under this subdivision.  This section does not 
require the commissioner to accept or retain an offender in a 
treatment program. 

                               ARTICLE 10

                                PROBATION
    Section 1.  Minnesota Statutes 1992, section 243.166, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REGISTRATION REQUIRED.] A person shall 
comply with register under this section after being released 
from prison if:  
    (1) the person was sentenced to imprisonment following a 
conviction for kidnapping under section 609.25, criminal sexual 
conduct under section 609.342, 609.343, 609.344, or 609.345, 
solicitation of children to engage in sexual conduct under 
section 609.352, use of minors in a sexual performance under 
section 617.246, or solicitation of children to practice 
prostitution under section 609.322, and the offense was 
committed against a victim who was a minor; 
    (2) the person is not now required to register under 
section 243.165; and 
    (3) ten years have not yet elapsed since the person was 
released from imprisonment charged with a felony violation of or 
attempt to violate any of the following, and convicted of that 
offense or of another offense arising out of the same set of 
circumstances: 
    (i) murder under section 609.185, clause (2); 
    (ii) kidnapping under section 609.25, involving a minor 
victim; or 
    (iii) criminal sexual conduct under section 609.342, 
subdivision 1, paragraph (a), (b), (c), (d), (e), or (f); 
609.343, subdivision 1, paragraph (a), (b), (c), (d), (e), or 
(f); 609.344, subdivision 1, paragraph (c), or (d); or 609.345, 
subdivision 1, paragraph (c), or (d); or 
    (2) the person was convicted of a predatory crime as 
defined in section 609.1352, and the offender was sentenced as a 
patterned sex offender or the court found on its own motion or 
that of the prosecutor that the crime was part of a predatory 
pattern of behavior that had criminal sexual conduct as its goal.
    Sec. 2.  Minnesota Statutes 1992, section 243.166, 
subdivision 2, is amended to read: 
    Subd. 2.  [NOTICE.] When a person who is required to 
register under this section is released sentenced, 
the commissioner of corrections court shall tell the person of 
the duty to register under section 243.165 and this section.  
The commissioner court shall require the person to read and sign 
a form stating that the duty of the person to register under 
this section has been explained.  The commissioner shall obtain 
the address where the person expects to reside upon release and 
shall report within three days the address to the bureau of 
criminal apprehension.  The commissioner shall give one copy of 
the form to the person, and shall send one copy to the bureau of 
criminal apprehension and one copy to the appropriate law 
enforcement agency having local jurisdiction where the person 
expects to reside upon release. 
    Sec. 3.  Minnesota Statutes 1992, section 243.166, 
subdivision 3, is amended to read: 
    Subd. 3.  [REGISTRATION PROCEDURE.] (a) The person shall, 
within 14 days after the end of the term of supervised release, 
register with the probation officer corrections agent as soon as 
the agent is assigned to the person at the end of that term.  
    (b) If the person changes residence address, the person 
shall give the new address to the current or last assigned 
probation officer corrections agent in writing within ten days.  
An offender is deemed to change addresses when the offender 
remains at a new address for longer than two weeks and evinces 
an intent to take up residence there.  The probation officer 
agent shall, within three business days after receipt of this 
information, forward it to the bureau of criminal apprehension.  
    Sec. 4.  Minnesota Statutes 1992, section 243.166, 
subdivision 4, is amended to read: 
    Subd. 4.  [CONTENTS OF REGISTRATION.] The registration 
provided to the probation officer corrections agent must consist 
of a statement in writing signed by the person, giving 
information required by the bureau of criminal apprehension, and 
a fingerprint card and photograph of the person if these have 
not already been obtained in connection with the offense that 
triggers registration.  Within three days, the probation officer 
corrections agent shall forward the statement, fingerprint card, 
and photograph to the bureau of criminal apprehension.  The 
bureau shall send one copy to the appropriate law enforcement 
authority that will have jurisdiction where the person will 
reside on release or discharge. 
    Sec. 5.  Minnesota Statutes 1992, section 243.166, 
subdivision 6, is amended to read: 
    Subd. 6.  [REGISTRATION PERIOD.] (a) Notwithstanding the 
provisions of section 609.165, subdivision 1, a person required 
to register under this section shall continue to comply with 
this section until ten years have elapsed since the person was 
released from imprisonment initially assigned to a corrections 
agent in connection with the offense, or until the probation, 
supervised release, or conditional release period expires, 
whichever occurs later. 
    (b) If a person required to register under this section 
fails to register following a change in address, the 
commissioner of public safety may require the person to continue 
to register for an additional period of five years. 
    Sec. 6.  Minnesota Statutes 1992, section 243.166, is 
amended by adding a subdivision to read: 
    Subd. 8.  [LAW ENFORCEMENT AUTHORITY.] For purposes of this 
section, a law enforcement authority means, with respect to a 
home rule charter or statutory city, the chief of police, and 
with respect to an unincorporated area, the sheriff of the 
county. 
    Sec. 7.  Minnesota Statutes 1992, section 243.166, is 
amended by adding a subdivision to read: 
    Subd. 9.  [PRISONERS FROM OTHER STATES.] When the state 
accepts a prisoner from another state under a reciprocal 
agreement under the interstate compact authorized by section 
243.16, the acceptance is conditional on the offender agreeing 
to register under this section when the offender is living in 
Minnesota following a term of imprisonment if any part of that 
term was served in this state. 
    Sec. 8.  Minnesota Statutes 1992, section 299C.46, is 
amended by adding a subdivision to read: 
    Subd. 5.  [DIVERSION PROGRAM DATA.] Counties operating 
diversion programs under section 11 shall supply to the bureau 
of criminal apprehension the names of and other identifying data 
specified by the bureau concerning diversion program 
participants.  Notwithstanding section 299C.11, the bureau shall 
maintain the names and data in the computerized criminal history 
system for 20 years from the date of the offense.  Data 
maintained under this subdivision are private data.  
    Sec. 9.  Minnesota Statutes 1992, section 299C.54, is 
amended by adding a subdivision to read: 
    Subd. 3a.  [COLLECTION OF DATA.] Identifying information on 
missing children entered into the NCIC computer regarding cases 
that are still active at the time the missing children bulletin 
is compiled each quarter may be included in the bulletin. 
    Sec. 10.  Minnesota Statutes 1992, section 401.02, 
subdivision 4, is amended to read: 
    Subd. 4.  [DETAINING PERSON ON CONDITIONAL RELEASE.] (a) 
Probation officers serving the district and juvenile courts of 
counties participating in the subsidy program established by 
this chapter may, without order or warrant, when it appears 
necessary to prevent escape or enforce discipline, take and 
detain a probationer, or any person on conditional release and 
bring that person before the court or the commissioner of 
corrections or a designee, whichever is appropriate, for 
disposition.  No probationer or other person on conditional 
release shall be detained more than 72 hours, exclusive of legal 
holidays, Saturdays and Sundays, pursuant to this subdivision 
without being provided with the opportunity for a hearing before 
the court or the commissioner of corrections or a designee.  
When providing supervision and other correctional services to 
persons conditionally released pursuant to sections 241.26, 
242.19, 243.05, 243.16, 244.05, and 244.065, including 
intercounty transfer of persons on conditional release, and the 
conduct of presentence investigations, participating counties 
shall comply with the policies and procedures relating thereto 
as prescribed by the commissioner of corrections.  
    (b) The written order of the chief executive officer or 
designee of a community corrections agency established under 
this chapter is sufficient authority for any peace officer or 
county probation officer to take and place in actual custody any 
person under sentence or on probation who: 
    (1) fails to report to serve a sentence at a local 
correctional facility, as defined in section 241.021, 
subdivision 1; 
    (2) fails to return from furlough or authorized temporary 
release from a local correctional facility; 
    (3) escapes from a local correctional facility; or 
    (4) absconds from court-ordered home detention. 
    (c) The written order of the chief executive officer or 
designee of a community corrections agency established under 
this chapter is sufficient authority for any peace officer or 
county probation officer to take and place in actual custody any 
person on a court authorized pretrial release who absconds from 
pretrial release or fails to abide by the conditions of pretrial 
release. 
    Sec. 11.  [401.065] [PRETRIAL DIVERSION PROGRAMS.] 
    Subdivision 1.  [DEFINITION.] As used in this section: 
    (1) "offender" means a person who: 
    (i) is charged with a felony, gross misdemeanor, or 
misdemeanor crime, other than a crime against the person, but 
who has not yet entered a plea in the proceedings; 
    (ii) has not previously been convicted as an adult in 
Minnesota or any other state of any crime against the person; 
and 
    (iii) has not previously been charged with a crime as an 
adult in Minnesota and then had charges dismissed as part of a 
diversion program, including a program that existed before July 
1, 1994; and 
    (2) "pretrial diversion" means the decision of a prosecutor 
to refer an offender to a diversion program on condition that 
the criminal charges against the offender will be dismissed 
after a specified period of time if the offender successfully 
completes the program. 
    Subd. 2.  [ESTABLISHMENT OF PROGRAM.] By July 1, 1994, 
every county attorney of a county participating in the community 
corrections act shall establish a pretrial diversion program for 
adult offenders.  If the county attorney's county participates 
in the community corrections act as part of a group of counties 
under section 401.02, the county attorney may establish a 
pretrial diversion program in conjunction with other county 
attorneys in that group of counties.  The program must be 
designed and operated to further the following goals: 
    (1) to provide eligible offenders with an alternative to 
confinement and a criminal conviction; 
    (2) to reduce the costs and caseload burdens on district 
courts and the criminal justice system; 
    (3) to minimize recidivism among diverted offenders; 
    (4) to promote the collection of restitution to the victim 
of the offender's crime; and 
    (5) to develop responsible alternatives to the criminal 
justice system for eligible offenders. 
    Subd. 3.  [PROGRAM COMPONENTS.] A diversion program 
established under this section may: 
    (1) provide screening services to the court and the 
prosecuting authorities to help identify likely candidates for 
pretrial diversion; 
    (2) establish goals for diverted offenders and monitor 
performance of these goals; 
    (3) perform chemical dependency assessments of diverted 
offenders where indicated, make appropriate referrals for 
treatment, and monitor treatment and aftercare; 
    (4) provide individual, group, and family counseling 
services; 
    (5) oversee the payment of victim restitution by diverted 
offenders; 
    (6) assist diverted offenders in identifying and contacting 
appropriate community resources; 
    (7) provide educational services to diverted offenders to 
enable them to earn a high school diploma or GED; and 
    (8) provide accurate information on how diverted offenders 
perform in the program to the court, prosecutors, defense 
attorneys, and probation officers. 
    Subd. 4.  [REPORTS.] By January 1, 1995, and biennially 
thereafter, each county attorney shall report to the department 
of corrections and the legislature on the operation of a 
pretrial diversion program required by this section.  The report 
shall include a description of the program, the number of 
offenders participating in the program, the number and 
characteristics of the offenders who successfully complete the 
program, the number and characteristics of the offenders who 
fail to complete the program, and an evaluation of the program's 
effect on the operation of the criminal justice system in the 
county. 
    Sec. 12.  Minnesota Statutes 1992, section 609.135, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [FAILURE TO PAY RESTITUTION OR FINE.] If the 
court orders payment of restitution or a fine as a condition of 
probation and if the defendant fails to pay the restitution or a 
fine in accordance with the payment schedule or structure 
established by the court or the probation officer, 
the prosecutor or the defendant's probation officer may, on the 
prosecutor's or the officer's own motion or at the request of 
the victim, ask the court to hold a hearing to determine whether 
or not the conditions of probation should be changed or 
probation should be revoked.  The defendant's probation officer 
shall ask for the hearing if the restitution or fine ordered has 
not been paid prior to 60 days before the term of probation 
expires.  The court shall schedule and hold this hearing and 
take appropriate action, including action under subdivision 2, 
paragraph (f) (g), before the defendant's term of probation 
expires. 
    Sec. 13.  Minnesota Statutes 1992, section 609.135, 
subdivision 2, is amended to read: 
    Subd. 2.  (a) If the conviction is for a felony the stay 
shall be for not more than three years or the maximum period for 
which the sentence of imprisonment might have been imposed, 
whichever is longer. 
    (b) If the conviction is for a gross misdemeanor violation 
of section 169.121 or 169.129, the stay shall be for not more 
than three years.  The court shall provide for unsupervised 
probation for the last one year of the stay unless the court 
finds that the defendant needs supervised probation for all or 
part of the last one year. 
    (c) If the conviction is for a gross misdemeanor not 
specified in paragraph (b), the stay shall be for not more than 
two years. 
    (d) If the conviction is for any misdemeanor under section 
169.121; 609.746, subdivision 1; 609.79; or 617.23; or for a 
misdemeanor under section 609.224, subdivision 1, in which the 
victim of the crime was a family or household member as defined 
in section 518B.01, the stay shall be for not more than two 
years.  The court shall provide for unsupervised probation for 
the second year of the stay unless the court finds that the 
defendant needs supervised probation for all or part of the 
second year. 
    (e) If the conviction is for a misdemeanor not specified in 
paragraph (d), the stay shall be for not more than one year.  
    (f) The defendant shall be discharged when six months after 
the term of the stay expires, unless the stay has been revoked 
or extended under paragraph (g), or the defendant has already 
been discharged. 
     (g) Notwithstanding the maximum periods specified for stays 
of sentences under paragraphs (a) to (f), a court may extend a 
defendant's term of probation for up to one year if it finds, at 
a hearing conducted under subdivision 1a, that: 
    (1) the defendant has not paid court-ordered restitution or 
a fine in accordance with the payment schedule or structure; and 
    (2) the defendant is likely to not pay the restitution or 
fine the defendant owes before the term of probation expires.  
This one-year extension of probation for failure to pay 
restitution or a fine may be extended by the court for up to one 
additional year if the court finds, at another hearing conducted 
under subdivision 1a, that the defendant still has not paid the 
court-ordered restitution or fine that the defendant owes. 
    Sec. 14.  Minnesota Statutes 1992, section 609.14, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROUNDS.] (a) When it appears that the 
defendant has violated any of the conditions of probation or 
intermediate sanction, or has otherwise been guilty of 
misconduct which warrants the imposing or execution of sentence, 
the court may without notice revoke the stay thereof and 
probation and direct that the defendant be taken into immediate 
custody. 
    (b) When it appears that the defendant violated any of the 
conditions of probation during the term of the stay, but the 
term of the stay has since expired, the defendant's probation 
officer or the prosecutor may ask the court to initiate 
probation revocation proceedings under the rules of criminal 
procedure at any time within six months after the expiration of 
the stay.  The court also may initiate proceedings under these 
circumstances on its own motion.  If proceedings are initiated 
within this six-month period, the court may conduct a revocation 
hearing and take any action authorized under rule 27.04 at any 
time during or after the six-month period. 
    Sec. 15.  Minnesota Statutes 1992, section 609.3461, is 
amended to read: 
    609.3461 [DNA ANALYSIS OF SEX OFFENDERS REQUIRED.] 
    Subdivision 1.  [UPON SENTENCING.] When a The court shall 
order an offender to provide a biological specimen for the 
purpose of DNA analysis as defined in section 299C.155 when: 
    (1) the court sentences a person convicted of charged with 
violating or attempting to violate section 609.342, 609.343, 
609.344, or 609.345, or when a who is convicted of violating one 
of those sections or of any offense arising out of the same set 
of circumstances; 
    (2) the court sentences a person as a patterned sex 
offender under section 609.1352,; or 
    (3) the juvenile court adjudicates a person a delinquent 
child who is the subject of a delinquency petition 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 
299C.155 and the delinquency adjudication is based on a 
violation of one of those sections or of any offense arising out 
of the same set of circumstances.  The biological specimen or 
the results of the analysis shall be maintained by the bureau of 
criminal apprehension as provided in section 299C.155.  
    Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
violating or attempting to violate section 609.342, 609.343, 
609.344, or 609.345, or initially charged with violating one of 
those sections and convicted of another offense arising out of 
the same set of circumstances, or sentenced as a patterned sex 
offender under section 609.1352, and committed to the custody of 
the commissioner of corrections for a term of imprisonment, or 
serving a term of imprisonment in this state under a reciprocal 
agreement although convicted in another state of an offense 
described in this subdivision or a similar law of the United 
States or any other state, 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. 
    Subd. 3.  [OFFENDERS FROM OTHER STATES.] When the state 
accepts an offender from another state under the interstate 
compact authorized by section 243.16, the acceptance is 
conditional on the offender providing a biological specimen for 
the purposes of DNA analysis as defined in section 299C.155, if 
the offender was convicted of an offense described in 
subdivision 1 or a similar law of the United States or any other 
state.  The specimen must be provided under supervision of staff 
from the department of corrections or a community corrections 
act county within 15 business days after the offender reports to 
the supervising agent.  The cost of obtaining the biological 
specimen is the responsibility of the agency providing 
supervision. 
     Sec. 16.  [PROBATION TASK FORCE.] 
    Subdivision 1.  [CONTINUATION OF TASK FORCE.] The probation 
standards task force appointed under Laws 1992, chapter 571, 
article 11, section 15, shall file the report required by this 
section. 
    Subd. 2.  [STAFF.] The commissioner of corrections shall 
make available staff as appropriate to support the work of the 
task force. 
    Subd. 3.  [REPORT.] The task force shall report to the 
legislature by October 1, 1994, concerning: 
    (1) the number of additional probation officers needed; 
    (2) the funding required to provide the necessary 
additional probation officers; 
    (3) a recommended method of funding these new positions, 
including a recommendation concerning the relative county and 
state obligations; 
    (4) recommendations as to appropriate standardized case 
definitions and reporting procedures to facilitate uniform 
reporting of the number and type of cases and offenders; 
    (5) legislative changes needed to implement objectively 
defined case classification systems; and 
    (6) any other general recommendations to improve the 
quality and administration of probation services in the state. 
    Sec. 17.  [DIVERSION PROGRAM PLANS.] 
    Each county required to establish a diversion program under 
section 11 shall prepare a plan to implement the diversion 
program and submit the plan to the state court administrator by 
January 1, 1994.  A county may prepare a joint plan with other 
counties in the same judicial district. 
    Sec. 18.  [REPEALER.] 
    Minnesota Statutes 1992, section 243.165, is repealed. 
    Sec. 19.  [EFFECTIVE DATE.] 
    Sections 12, 13, and 14, are effective August 1, 1993, and 
apply to all defendants placed on probation on or after that 
date.  Section 15, subdivision 1, is effective August 1, 1993, 
and applies to offenders sentenced or adjudicated on or after 
that date.  Sections 16 and 17 are effective the day following 
final enactment. 

                              ARTICLE 11 

               CRIMINAL AND JUVENILE JUSTICE INFORMATION 
    Section 1.  Minnesota Statutes 1992, section 13.87, 
subdivision 2, is amended to read: 
    Subd. 2.  [CLASSIFICATION.] Criminal history data 
maintained by agencies, political subdivisions and statewide 
systems are classified as private, pursuant to section 13.02, 
subdivision 12., except that data created, collected, or 
maintained by the bureau of criminal apprehension that 
identifies an individual who was convicted of a crime and the 
offense of which the individual was convicted are public data 
for 15 years following the discharge of the sentence imposed for 
the offense.  
    The bureau of criminal apprehension shall provide to the 
public at the central office of the bureau the ability to 
inspect in person, at no charge, through a computer monitor the 
criminal conviction data classified as public under this 
subdivision. 
    Sec. 2.  Minnesota Statutes 1992, section 168.345, is 
amended by adding a subdivision to read: 
    Subd. 3.  [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] The 
commissioner shall impose a surcharge of 25 cents on each fee 
charged by the commissioner under section 13.03, subdivision 3, 
for copies or electronic transmittal of public information 
concerning motor vehicle registrations.  This surcharge only 
applies to a fee imposed in responding to a request made in 
person or by mail, or to a request for transmittal through a 
computer modem.  The surcharge does not apply to the request of 
an individual for information concerning vehicles registered in 
that individual's name.  The commissioner shall forward the 
surcharges collected under this subdivision to the commissioner 
of finance on a monthly basis.  Upon receipt, the commissioner 
of finance shall credit the surcharges to the general fund. 
    Sec. 3.  Minnesota Statutes 1992, section 171.12, is 
amended by adding a subdivision to read: 
    Subd. 8.  [REQUESTS FOR INFORMATION; SURCHARGE ON FEE.] The 
commissioner shall impose a surcharge of 25 cents on each fee 
charged by the commissioner under section 13.03, subdivision 3, 
for copies or electronic transmittal of public information 
concerning driver's license and Minnesota identification card 
applicants.  This surcharge only applies to a fee imposed in 
responding to a request made in person or by mail, or to a 
request for transmittal through a computer modem.  The surcharge 
does not apply to the request of an individual for information 
concerning that individual's driver's license or Minnesota 
identification card.  The commissioner shall forward the 
surcharges collected under this subdivision to the commissioner 
of finance on a monthly basis.  Upon receipt, the commissioner 
of finance shall credit the surcharges to the general fund. 
    Sec. 4.  [AMOUNT OF INCREASE; REVISOR INSTRUCTION.] 
    (a) The surcharges imposed by sections 2 and 3 are intended 
to increase to 50 cents the 25-cent surcharges imposed by 
similar language in a bill styled as 1993 H.F. No. 1709. 
    (b) If sections 2 and 3 and 1993 H.F. No. 1709 become law, 
the revisor shall change the amount of the surcharges as listed 
in Minnesota Statutes, sections 168.345 and 171.12, to 50 cents 
in each case. 
    Sec. 5.  [EFFECTIVE DATE.] 
    Section 1 is effective June 1, 1994. 

                              ARTICLE 12 

                       CRIME PREVENTION PROGRAMS 
    Section 1.  [242.39] [JUVENILE RESTITUTION GRANT PROGRAM.] 
    Subdivision 1.  [GRANT PROGRAM.] A juvenile restitution 
grant program is established under the commissioner of 
corrections to provide and finance work for eligible juveniles.  
Juveniles eligible to participate in the program are juveniles 
who have monetary restitution obligations to victims. 
    Subd. 2.  [ADMINISTERING PROGRAM.] The department of 
corrections shall administer the grant program.  The 
commissioner shall award grants to community correction 
agencies, other state and local agencies, and nonprofit agencies 
that meet the criteria developed by the commissioner relating to 
juvenile restitution grant programs.  The criteria developed by 
the commissioner may include a requirement that the agency 
provide a match to the grant amount consisting of in-kind 
services, money, or both. 
    Subd. 3.  [COOPERATION; TYPES OF PROGRAMS.] The 
commissioner of corrections shall work with the commissioner of 
natural resources, the commissioner of jobs and training, local 
government and nonprofit agencies, educational institutions, and 
the courts to design and develop suitable juvenile restitution 
grant programs.  Programs must provide services to communities, 
including but not necessarily limited to, park maintenance, 
recycling, and other related work.  Eligible juveniles may earn 
monetary restitution on behalf of a victim or perform a service 
for the victim.  Work performed by eligible juveniles must not 
result in the displacement of currently employed full- or 
part-time workers or workers on seasonal layoff or layoff from a 
substantially equivalent position, including partial 
displacement such as reduction in hours of nonovertime work, 
wages, or other employment benefits.  Any monetary restitution 
earned by an eligible juvenile must either be forwarded to the 
victim or held in an account for the benefit of the victim. 
    Subd. 4.  [REFERRAL TO PROGRAM.] The grant program must 
provide that eligible juveniles may be referred to the program 
by a community diversion agency, a correctional or human service 
agency, or by a court order of monetary restitution. 
    Sec. 2.  [254A.18] [STATE CHEMICAL HEALTH INDEX MODEL.] 
    The commissioner of human services, in consultation with 
the chemical abuse prevention resource council, shall develop 
and test a chemical health index model to help assess the 
state's chemical health and coordinate state policy and programs 
relating to chemical abuse prevention and treatment.  The 
chemical health index model shall assess a variety of factors 
known to affect the use and abuse of chemicals in different 
parts of the state including, but not limited to, demographic 
factors, risk factors, health care utilization, drug-related 
crime, productivity, resource availability, and overall health. 
    Sec. 3.  Minnesota Statutes 1992, section 256.486, is 
amended to read: 
    256.486 [ASIAN ASIAN-AMERICAN JUVENILE CRIME INTERVENTION 
AND PREVENTION GRANT PROGRAM.] 
    Subdivision 1.  [GRANT PROGRAM.] The commissioner of human 
services shall establish a grant program for coordinated, 
family-based crime intervention and prevention services for 
Asian Asian-American youth.  The commissioners of human 
services, education, and public safety shall work together to 
coordinate grant activities. 
    Subd. 2.  [GRANT RECIPIENTS.] The commissioner shall award 
grants in amounts up to $150,000 to agencies based in the Asian 
Asian-American community that have experience providing 
coordinated, family-based community services to Asian 
Asian-American youth and families. 
    Subd. 3.  [PROJECT DESIGN.] Projects eligible for grants 
under this section must provide coordinated crime intervention, 
prevention, and educational services that include: 
    (1) education for Asian Asian-American parents, including 
parenting methods in the United States and information about the 
United States legal and educational systems; 
    (2) crime intervention and prevention programs for Asian 
Asian-American youth, including employment and career-related 
programs and guidance and counseling services; 
    (3) family-based services, including support networks, 
language classes, programs to promote parent-child 
communication, access to education and career resources, and 
conferences for Asian Asian-American children and parents; 
    (4) coordination with public and private agencies to 
improve communication between the Asian Asian-American community 
and the community at large; and 
    (5) hiring staff to implement the services in clauses (1) 
to (4). 
    Subd. 4.  [USE OF GRANT MONEY TO MATCH FEDERAL FUNDS.] 
Grant money awarded under this section may be used to satisfy 
any state or local match requirement that must be satisfied in 
order to receive federal funds. 
    Subd. 5.  [ANNUAL REPORT.] Grant recipients must report to 
the commissioner by June 30 of each year on the services and 
programs provided, expenditures of grant money, and an 
evaluation of the program's success in reducing crime among 
Asian Asian-American youth. 
    Sec. 4.  Minnesota Statutes 1992, section 299A.35, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PROGRAMS.] The commissioner shall, in 
consultation with the chemical 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) community-based programs designed to enrich the 
educational, cultural, or recreational opportunities of at-risk 
elementary or secondary school age youth, including programs 
designed to keep at-risk youth from dropping out of school and 
encourage school dropouts to return to school; 
    (5) support services for a municipal curfew enforcement 
program including, but not limited to, rent for drop-off 
centers, staff, supplies, equipment, and the referral of 
children who may be abused or neglected; and 
    (6) other community-based crime prevention programs that 
are innovative and encourage substantial involvement by members 
of the community served by the program. 
    Sec. 5.  Minnesota Statutes 1992, section 299A.35, 
subdivision 2, is amended to read: 
    Subd. 2.  [GRANT PROCEDURE.] A local unit of government or 
a nonprofit community-based entity may apply for a grant by 
submitting an application with the commissioner.  The applicant 
shall specify the following in its application: 
    (1) a description of each program for which funding is 
sought; 
    (2) 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; or any provision of chapter 152 that is punishable by a 
maximum term of imprisonment greater than ten years; and 
    (5) the number of economically disadvantaged youth in the 
geographical areas to be served by the program. 
    The commissioner shall give priority to funding programs in 
that demonstrate substantial involvement by members of the 
community served by the program and either serve 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 or serve geographical areas that have the 
largest concentrations of economically disadvantaged youth.  The 
maximum amount that may be awarded to an applicant is $50,000. 
    Sec. 6.  Minnesota Statutes 1992, section 299C.065, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GRANTS.] The commissioner of public safety 
shall make grants to local officials for the following purposes: 
    (1) the cooperative investigation of cross jurisdictional 
criminal activity relating to the possession and sale of 
controlled substances; 
    (2) receiving or selling stolen goods; 
    (3) participating in gambling activities in violation of 
section 609.76; 
    (4) violations of section 609.322, 609.323, or any other 
state or federal law prohibiting the recruitment, 
transportation, or use of juveniles for purposes of 
prostitution; and 
    (5) witness assistance services in cases involving criminal 
gang activity in violation of section 609.229, or domestic 
assault, as defined in section 611A.0315; and 
    (6) for partial reimbursement of local costs associated 
with unanticipated, intensive, long-term, multijurisdictional 
criminal investigations that exhaust available local resources. 
    Sec. 7.  Minnesota Statutes 1992, section 357.021, 
subdivision 2, is amended to read: 
    Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
collected by the court administrator shall be as follows: 
    (1) In every civil action or proceeding in said court, the 
plaintiff, petitioner, or other moving party shall pay, when the 
first paper is filed for that party in said action, a fee of 
$110. 
    The defendant or other adverse or intervening party, or any 
one or more of several defendants or other adverse or 
intervening parties appearing separately from the others, shall 
pay, when the first paper is filed for that party in said 
action, a fee of $110. 
    The party requesting a trial by jury shall pay $30. 
     The fees above stated shall be the full trial fee 
chargeable to said parties irrespective of whether trial be to 
the court alone, to the court and jury, or disposed of without 
trial, and shall include the entry of judgment in the action, 
but does not include copies or certified copies of any papers so 
filed or proceedings under chapter 103E, except the provisions 
therein as to appeals. 
     (2) Certified copy of any instrument from a civil or 
criminal proceeding, $5, plus 25 cents per page after the first 
page, and $3.50, plus 25 cents per page after the first page for 
an uncertified copy. 
     (3) Issuing a subpoena, $3 for each name. 
     (4) Issuing an execution and filing the return thereof; 
issuing a writ of attachment, injunction, habeas corpus, 
mandamus, quo warranto, certiorari, or other writs not 
specifically mentioned, $10. 
    (5) Issuing a transcript of judgment, or for filing and 
docketing a transcript of judgment from another court, $7.50. 
    (6) Filing and entering a satisfaction of judgment, partial 
satisfaction, or assignment of judgment, $5. 
    (7) Certificate as to existence or nonexistence of 
judgments docketed, $5 for each name certified to. 
    (8) Filing and indexing trade name; or recording basic 
science certificate; or recording certificate of physicians, 
osteopaths, chiropractors, veterinarians, or optometrists, $5. 
    (9) For the filing of each partial, final, or annual 
account in all trusteeships, $10. 
    (10) For the deposit of a will, $5. 
    (11) For recording notary commission, $25, of which, 
notwithstanding subdivision 1a, paragraph (b), $20 must be 
forwarded to the state treasurer to be deposited in the state 
treasury and credited to the general fund. 
    (12) When a defendant pleads guilty to or is sentenced for 
a petty misdemeanor other than a parking violation, the 
defendant shall pay a fee of $5 $11. 
    (13) Filing a motion or response to a motion for 
modification of child support, a fee fixed by rule or order of 
the supreme court.  
    (14) All other services required by law for which no fee is 
provided, such fee as compares favorably with those herein 
provided, or such as may be fixed by rule or order of the court. 
    The fees in clauses (3) and (4) need not be paid by a 
public authority or the party the public authority represents.  
    Sec. 8.  Minnesota Statutes 1992, section 609.101, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SURCHARGES AND ASSESSMENTS.] (a) When a 
court sentences a person convicted of a felony, gross 
misdemeanor, or misdemeanor, other than a petty misdemeanor such 
as a traffic or parking violation, and if the sentence does not 
include payment of a fine, the court shall impose an assessment 
of not less than $25 nor more than $50.  If the sentence for the 
felony, gross misdemeanor, or misdemeanor includes payment of a 
fine of any amount, including a fine of less than $100, the 
court shall impose a surcharge on the fine of 20 percent of the 
fine.  This section applies whether or not the person is 
sentenced to imprisonment and when the sentence is suspended.  
    (b) In addition to the assessments in paragraph (a), the 
court shall assess the following surcharges after a person is 
convicted: 
    (1) for a person charged with a felony, $25; 
    (2) for a person charged with a gross misdemeanor, $15; 
    (3) for a person charged with a misdemeanor other than a 
traffic, parking, or local ordinance violation, $10; and 
    (4) for a person charged with a local ordinance violation 
other than a parking or traffic violation, $5.  
The surcharge must be assessed for the original charge, whether 
or not it is subsequently reduced.  A person charged on more 
than one count may be assessed only one surcharge under this 
paragraph, but must be assessed for the most serious offense.  
This paragraph applies whether or not the person is sentenced to 
imprisonment and when the sentence is suspended. 
    (c) The court may not waive payment or authorize payment of 
the assessment or surcharge in installments unless it makes 
written findings on the record that the convicted person is 
indigent or that the assessment or surcharge would create undue 
hardship for the convicted person or that person's immediate 
family. 
    (d) If the court fails to waive or impose an assessment 
required by paragraph (a), the court administrator shall correct 
the record to show imposition of an assessment of $25 if the 
sentence does not include payment of a fine, or if the sentence 
includes a fine, to show an imposition of a surcharge of ten 
percent of the fine.  If the court fails to waive or impose an 
assessment required by paragraph (b), the court administrator 
shall correct the record to show imposition of the assessment 
described in paragraph (b). 
    (e) (d) Except for assessments and surcharges imposed on 
persons convicted of violations described in section 97A.065, 
subdivision 2, the court shall collect and forward to the 
commissioner of finance the total amount of the assessments or 
surcharges and the commissioner shall credit all money so 
forwarded to the general fund. 
    (f) (e) If the convicted person is sentenced to 
imprisonment, the chief executive officer of the correctional 
facility in which the convicted person is incarcerated may 
collect the assessment or surcharge from any earnings the inmate 
accrues for work performed in the correctional facility and 
forward the amount to the commissioner of finance, indicating 
the part that was imposed for violations described in section 
97A.065, subdivision 2, which must be credited to the game and 
fish fund. 
    Sec. 9.  Minnesota Statutes 1992, section 609.101, 
subdivision 2, is amended to read: 
    Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law:  
    (1) when a court sentences a person convicted of violating 
section 609.221, 609.267, or 609.342, it must impose a fine of 
not less than $500 nor more than the maximum fine authorized by 
law; 
    (2) when a court sentences a person convicted of violating 
section 609.222, 609.223, 609.2671, 609.343, 609.344, or 
609.345, it must impose a fine of not less than $300 nor more 
than the maximum fine authorized by law; and 
    (3) when a court sentences a person convicted of violating 
section 609.2231, 609.224, or 609.2672, it must impose a fine of 
not less than $100 nor more than the maximum fine authorized by 
law.  
    The court may not waive payment of the fine or authorize 
payment of it in installments unless the court makes written 
findings on the record that the convicted person is indigent or 
that the fine would create undue hardship for the convicted 
person or that person's immediate family. 
    The court shall collect the portion of the fine mandated by 
this subdivision and forward 70 percent of it to a local victim 
assistance program that provides services locally in the county 
in which the crime was committed.  The court shall forward the 
remaining 30 percent to the commissioner of finance to be 
credited to the general fund.  If more than one victim 
assistance program serves the county in which the crime was 
committed, the court may designate on a case-by-case basis which 
program will receive the fine proceeds, giving consideration to 
the nature of the crime committed, the types of victims served 
by the program, and the funding needs of the program.  If no 
victim assistance program serves that county, the court shall 
forward 100 percent of the fine proceeds to the commissioner of 
finance to be credited to the general fund.  Fine proceeds 
received by a local victim assistance program must be used to 
provide direct services to crime victims.  
    The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term of imprisonment or restitution 
imposed or ordered by the court. 
    As used in this subdivision, "victim assistance program" 
means victim witness programs within county attorney offices or 
any of the following programs:  crime victim crisis centers, 
victim-witness programs, battered women shelters and nonshelter 
programs, and sexual assault programs. 
    Sec. 10.  Minnesota Statutes 1992, section 609.101, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM FINES.] 
(a) Notwithstanding any other law, when a court sentences a 
person convicted of: 
    (1) a first degree controlled substance crime under section 
sections 152.021 to 152.025, it must impose a fine of not less 
than $2,500 20 percent of the maximum fine authorized by law nor 
more than the maximum fine authorized by law; 
    (2) a second degree controlled substance crime under 
section 152.022, it must impose a fine of not less than $1,000 
nor more than the maximum fine authorized by law; 
    (3) a third degree controlled substance crime under section 
152.023, it must impose a fine of not less than $750 nor more 
than the maximum fine authorized by law; 
    (4) a fourth degree controlled substance crime under 
section 152.024, it must impose a fine of not less than $500 nor 
more than the maximum fine authorized by law; and 
    (5) a fifth degree controlled substance violation under 
section 152.025, it must impose a fine of not less than $300 nor 
more than the maximum fine authorized by law. 
    (b) The court may not waive payment of the fine or 
authorize payment of it in installments unless the court makes 
written findings on the record that the convicted person is 
indigent or that the fine would create undue hardship for the 
convicted person or that person's immediate family. 
    (c) The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term of imprisonment or restitution 
imposed or ordered by the court. 
    (d) (c) The court shall collect the fine mandated by this 
subdivision and forward 70 percent of it to a local drug abuse 
prevention program existing or being implemented in the county 
in which the crime was committed.  The court shall forward the 
remaining 30 percent to the state treasurer to be credited to 
the general fund.  If more than one drug abuse prevention 
program serves the county in which the crime was committed, the 
court may designate on a case-by-case basis which program will 
receive the fine proceeds, giving consideration to the community 
in which the crime was committed, the funding needs of the 
program, the number of peace officers in each community 
certified to teach the program, and the number of children 
served by the program in each community.  If no drug abuse 
prevention program serves communities in that county, the court 
shall forward 100 percent of the fine proceeds to the state 
treasurer to be credited to the general fund.  
    (e) (d) The minimum fines required by this subdivision 
shall be collected as are other fines.  Fine proceeds received 
by a local drug abuse prevention program must be used to support 
that program, and may be used for salaries of peace officers 
certified to teach the program.  The drug abuse resistance 
education program must report receipt and use of money generated 
under this subdivision as prescribed by the drug abuse 
resistance education advisory council. 
    (f) (e) As used in this subdivision, "drug abuse prevention 
program" and "program" include: 
    (1) the drug abuse resistance education program described 
in sections 299A.33 and 299A.331; and 
    (2) any similar drug abuse education and prevention program 
that includes the following components: 
    (A) instruction for students enrolled in kindergarten 
through grade six that is designed to teach students to 
recognize and resist pressures to experiment with controlled 
substances and alcohol; 
    (B) provisions for parental involvement; 
    (C) classroom instruction by uniformed law enforcement 
personnel; 
    (D) the use of positive student leaders to influence 
younger students not to use drugs; and 
    (E) an emphasis on activity-oriented techniques designed to 
encourage student-generated responses to problem-solving 
situations. 
    Sec. 11.  Minnesota Statutes 1992, section 609.101, 
subdivision 4, is amended to read: 
    Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
any other law: 
    (1) when a court sentences a person convicted of a felony 
that is not listed in subdivision 2 or 3, it must impose a fine 
of not less than 20 30 percent of the maximum fine authorized by 
law nor more than the maximum fine authorized by law; and 
    (2) when a court sentences a person convicted of a gross 
misdemeanor or misdemeanor that is not listed in subdivision 2, 
it must impose a fine of not less than 20 30 percent of the 
maximum fine authorized by law nor more than the maximum fine 
authorized by law. 
    The court may not waive payment of the minimum fine or 
authorize payment of it in installments unless the court makes 
written findings on the record that the convicted person is 
indigent or that the fine would create undue hardship for the 
convicted person or that person's immediate family. 
    The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term of imprisonment or restitution 
imposed or ordered by the court. 
    The court shall collect the fines mandated in this 
subdivision and, except for fines for traffic and motor vehicle 
violations governed by section 169.871 and section 299D.03 and 
fish and game violations governed by section 97A.065, forward 20 
percent of the revenues to the state treasurer for deposit in 
the general fund. 
    Sec. 12.  Minnesota Statutes 1992, section 609.101, is 
amended by adding a subdivision to read: 
    Subd. 5.  [WAIVER PROHIBITED; INSTALLMENT PAYMENTS.] The 
court may not waive payment of the minimum fine, surcharge, or 
assessment required by this section.  The court may reduce the 
amount of the minimum fine, surcharge, or assessment if the 
court makes written findings on the record that the convicted 
person is indigent or that immediate payment of the fine, 
surcharge, or assessment would create undue hardship for the 
convicted person or that person's immediate family.  The court 
may authorize payment of the fine, surcharge, or assessment in 
installments. 
    Sec. 13.  Laws 1992, chapter 571, article 16, section 4, is 
amended to read: 
    Sec. 4.  [MULTIDISCIPLINARY PROGRAM GRANTS FOR PROFESSIONAL 
EDUCATION ABOUT VIOLENCE AND ABUSE.] 
    (a) The higher education coordinating board may award 
grants to "eligible institutions" as defined in Minnesota 
Statutes, section 136A.101, subdivision 4, to provide 
multidisciplinary training programs that provide training about: 
    (1) the extent and causes of violence and the 
identification of violence, which includes physical or sexual 
abuse or neglect, and racial or cultural violence; and 
    (2) culturally and historically sensitive approaches to 
dealing with victims and perpetrators of violence. 
    (b) The programs shall be multidisciplinary and include 
must be designed to prepare students to be teachers, child 
protection workers school administrators, law enforcement 
officers, probation officers, parole officers, lawyers, 
physicians, nurses, mental health professionals, social workers, 
guidance counselors, and all or other education, human services, 
mental health, and health care professionals who work with adult 
and child victims and perpetrators of violence and abuse. 
    Sec. 14.  [HIGHER EDUCATION GRANTS FOR COLLABORATION AMONG 
HUMAN SERVICES PROFESSIONALS.] 
    Subdivision 1.  [GRANTS.] The higher education coordinating 
board shall award grants to public post-secondary institutions 
to develop professional skills for interdisciplinary 
collaboration in providing health care, human services, and 
education.  
    Subd. 2.  [PROGRAMS AND ACTIVITIES.] Grants shall support 
the following programs and activities: 
    (1) on-campus, off-campus, and multicampus collaboration in 
training professionals who work with adults and children to 
enable higher education students to be knowledgeable about the 
roles and expertise of different professions serving the same 
clients; 
    (2) programs to teach professional education students how 
health and other human services and education can be 
restructured to coordinate programs for efficiency and better 
results; 
    (3) faculty discussion and assessment of methods to provide 
professionals with the skills needed to collaborate with staff 
from other disciplines; and 
    (4) community outreach and leadership activities to reduce 
fragmentation among public agencies and private organizations 
serving individuals and families. 
    Sec. 15.  [HIGHER EDUCATION CENTER ON VIOLENCE AND ABUSE.] 
    Subdivision 1.  [CREATION AND DESIGNATION.] The higher 
education center on violence and abuse is created.  The higher 
education center on violence and abuse shall be located at and 
managed by a public or private post-secondary institution in 
Minnesota.  The higher education coordinating board shall 
designate the location of the center following review of 
proposals from potential higher education sponsors. 
    Subd. 2.  [ADVISORY COMMITTEE.] The higher education 
coordinating board shall convene an advisory committee to 
develop specifications for the higher education center and 
review proposals from higher education institutions.  The 
advisory committee shall include representatives who are 
students in professional programs, other students, student 
affairs professionals, professional education faculty, and 
practicing professionals in the community who are involved with 
problems of violence and abuse. 
    Subd. 3.  [DUTIES.] The higher education center on violence 
and abuse shall: 
    (1) serve as a clearinghouse of information on curriculum 
models and other resources for professional education and for 
education of faculty, students, and staff about violence and 
harassment required under Laws 1992, chapter 571, article 16, 
section 1; 
    (2) sponsor conferences and research to assist higher 
education institutions in developing curricula about violence 
and abuse; 
    (3) fund pilot projects to stimulate multidisciplinary 
curricula about violence and abuse; and 
    (4) coordinate policies to ensure that professions and 
occupations with responsibilities toward victims and offenders 
have the knowledge and skills needed to prevent and respond 
appropriately to the problems of violence and abuse. 
    Subd. 4.  [PROFESSIONAL EDUCATION AND LICENSURE.] By March 
15, 1994, the center shall convene task forces for professions 
that work with victims and perpetrators of violence.  Task 
forces must be formed for the following professions:  teachers, 
school administrators, guidance counselors, law enforcement 
officers, lawyers, physicians, nurses, psychologists, and social 
workers.  Each task force must include representatives of the 
licensing agency, higher education systems offering programs in 
the profession, appropriate professional associations, students 
or recent graduates, representatives of communities served by 
the profession, and employers or experienced professionals.  The 
center must establish guidelines for the work of the task 
forces.  Each task force must review current programs, licensing 
regulations and examinations, and accreditation standards to 
identify specific needs and plans for ensuring that 
professionals are adequately prepared and updated on violence 
and abuse issues. 
    Subd. 5.  [PROGRESS REPORT.] The center shall provide a 
progress report to the legislature by March 15, 1994. 
    Sec. 16.  [INSTITUTE FOR CHILD AND ADOLESCENT SEXUAL 
HEALTH.] 
    Subdivision 1.  [PLANNING.] The interdisciplinary committee 
established in Laws 1992, chapter 571, article 1, section 28, 
shall continue planning for an institute for child and 
adolescent sexual health. 
    Subd. 2.  [SPECIFIC RECOMMENDATIONS.] (a) The committee 
shall develop specific recommendations regarding the structure, 
funding, staffing and staff qualifications, siting, and 
affiliations of the institute, and a detailed plan for long-term 
funding of the institute which shall not be a state program. 
    (b) The committee shall also clearly document and describe 
the following: 
    (1) the problems to be addressed by the institute, 
including statistical data on the extent of these problems; 
    (2) strategies already available in the professional 
literature to address these problems; 
    (3) information on which of these strategies have been 
implemented in Minnesota, including data on the availability and 
effectiveness of these strategies and gaps in the availability 
of these strategies; 
    (4) the rationale for the recommended design of the 
institute; and 
    (5) the mission of the institute, including a code of 
ethics for conducting research. 
    Subd. 3.  [REPORT.] The commissioner of health shall submit 
a report to the legislature by January 1, 1994, based on the 
recommendations of the committee. 
    Sec. 17.  [SURVEY OF INMATES.] 
    Subdivision 1.  [SURVEY REQUIRED.] The commissioner of 
corrections shall conduct a survey of inmates in the state 
correctional system who have been committed to the custody of 
the commissioner for a period of more than one year's 
incarceration.  The survey may be conducted by an outside 
party.  In surveying the inmates, the commissioner shall take 
steps to ensure that the confidentiality of responses is 
strictly maintained.  The survey shall compile information about 
each inmate concerning, but not limited to, the following: 
    (1) offense for which currently incarcerated; 
    (2) sex of inmate, place of birth, date of birth, and age 
of mother at birth; 
    (3) major caretaker during preschool years, marital status 
of family, and presence of male in household during childhood; 
    (4) number of siblings; 
    (5) attitude toward school, truancy history, and school 
suspension history; 
    (6) involvement of sibling or parent in criminal justice 
system; 
    (7) age of inmate's first involvement in criminal justice 
system, the type of offense or charge, the response of criminal 
justice system, and the type of treatment or punishment, if any; 
    (8) nature of discipline used in home; 
    (9) placement in foster care or adoption; 
    (10) childhood traumas; 
    (11) most influential adult in life; 
    (12) chemical abuse problems among adults in household 
while a child; 
    (13) inmate's chemical history, and if a problem of 
chemical abuse exists, the age of its onset; 
    (14) city, suburb, small town, or rural environment during 
childhood and state or states of residence before the age of 18; 
    (15) number of times family moved during school years; 
    (16) involvement with school or community activities; 
    (17) greatest problem as a child; 
    (18) greatest success as a child; and 
    (19) physical or sexual abuse as a child. 
    Subd. 2.  [REPORT.] By January 1, 1994, the commissioner 
shall compile the results of the survey and report them to the 
chairs of the senate committee on crime prevention and the house 
committee on judiciary.  Information concerning the identity of 
individual inmates shall not be reported. 
    Sec. 18.  Laws 1991, chapter 279, section 41, is amended to 
read: 
    Sec. 41.  [REPEALERS.] 
    (a) Minnesota Statutes 1990, sections 244.095; and 299A.29, 
subdivisions 2 and 4, are repealed. 
    (b) Minnesota Statutes 1990, section 609.101, subdivision 
3, is repealed effective July 1, 1993. 
    Sec. 19.  [REPEALER.] 
    Minnesota Statutes 1992, section 299A.325, is repealed. 

                               ARTICLE 13

                          TECHNICAL CORRECTIONS
    Section 1.  Minnesota Statutes 1992, section 144A.04, 
subdivision 4, is amended to read: 
    Subd. 4.  [CONTROLLING PERSON RESTRICTIONS.] (a) The 
controlling persons of a nursing home may not include any person 
who was a controlling person of another nursing home during any 
period of time in the previous two-year period:  
    (1) during which time of control that other nursing home 
incurred the following number of uncorrected or repeated 
violations: 
    (i) two or more uncorrected violations or one or more 
repeated violations which created an imminent risk to direct 
resident care or safety; or 
    (ii) four or more uncorrected violations or two or more 
repeated violations of any nature for which the fines are in the 
four highest daily fine categories prescribed in rule; or 
    (2) who was convicted of a felony or gross misdemeanor 
punishable by a term of imprisonment of more than 90 days that 
relates to operation of the nursing home or directly affects 
resident safety or care, during that period. 
    (b) The provisions of this subdivision shall not apply to 
any controlling person who had no legal authority to affect or 
change decisions related to the operation of the nursing home 
which incurred the uncorrected violations. 
    Sec. 2.  Minnesota Statutes 1992, section 144A.04, 
subdivision 6, is amended to read: 
    Subd. 6.  [MANAGERIAL EMPLOYEE OR LICENSED ADMINISTRATOR; 
EMPLOYMENT PROHIBITIONS.] A nursing home may not employ as a 
managerial employee or as its licensed administrator any person 
who was a managerial employee or the licensed administrator of 
another facility during any period of time in the previous 
two-year period:  
    (a) During which time of employment that other nursing home 
incurred the following number of uncorrected violations which 
were in the jurisdiction and control of the managerial employee 
or the administrator: 
    (1) two or more uncorrected violations or one or more 
repeated violations which created an imminent risk to direct 
resident care or safety; or 
    (2) four or more uncorrected violations or two or more 
repeated violations of any nature for which the fines are in the 
four highest daily fine categories prescribed in rule; or 
    (b) who was convicted of a felony or gross misdemeanor 
punishable by a term of imprisonment of more than 90 days that 
relates to operation of the nursing home or directly affects 
resident safety or care, during that period. 
    Sec. 3.  Minnesota Statutes 1992, section 144A.11, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [MANDATORY REVOCATION.] Notwithstanding the 
provisions of subdivision 3, the commissioner shall revoke a 
nursing home license if a controlling person is convicted of a 
felony or gross misdemeanor punishable by a term of imprisonment 
of more than 90 days that relates to operation of the nursing 
home or directly affects resident safety or care.  The 
commissioner shall notify the nursing home 30 days in advance of 
the date of revocation. 
    Sec. 4.  Minnesota Statutes 1992, section 144B.08, 
subdivision 3, is amended to read: 
    Subd. 3.  [MANDATORY REVOCATION OR REFUSAL TO ISSUE A 
LICENSE.] Notwithstanding subdivision 2, the commissioner shall 
revoke or refuse to issue a residential care home license if the 
applicant, licensee, or manager of the licensed home is 
convicted of a felony or gross misdemeanor that is punishable by 
a term of imprisonment of not more than 90 days and that relates 
to operation of the residential care home or directly affects 
resident safety or care.  The commissioner shall notify the 
residential care home 30 days before the date of revocation. 
    Sec. 5.  Minnesota Statutes 1992, section 152.021, 
subdivision 3, is amended to read: 
    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 committed to the commissioner of 
corrections 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. 
    (c) In a prosecution under subdivision 1 involving sales by 
the same person in two or more counties within a 90-day period, 
the person may be prosecuted for all of the sales in any county 
in which one of the sales occurred. 
    Sec. 6.  Minnesota Statutes 1992, section 152.022, 
subdivision 3, is amended to read: 
    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 committed to the commissioner of 
corrections 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.  
    (c) In a prosecution under subdivision 1 involving sales by 
the same person in two or more counties within a 90-day period, 
the person may be prosecuted for all of the sales in any county 
in which one of the sales occurred. 
    Sec. 7.  Minnesota Statutes 1992, section 152.023, 
subdivision 3, is amended to read: 
    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 committed to the commissioner of 
corrections 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. 8.  Minnesota Statutes 1992, section 152.024, 
subdivision 3, is amended to read: 
    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 committed to the commissioner of 
corrections or to a local correctional authority 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. 9.  Minnesota Statutes 1992, section 152.025, 
subdivision 3, is amended to read: 
    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 committed to the commissioner of 
corrections or to a local correctional authority 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. 10.  Minnesota Statutes 1992, section 152.026, is 
amended to read: 
    152.026 [MANDATORY SENTENCES.] 
    A defendant convicted and sentenced to a mandatory sentence 
under sections 152.021 to 152.025 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.  "Term of imprisonment" has the meaning 
given in section 244.01, subdivision 8. 
    Sec. 11.  Minnesota Statutes 1992, section 152.18, 
subdivision 1, is amended to read: 
    Subdivision 1.  If any person is found guilty of a 
violation of section 152.024, 152.025, or 152.027 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 the person, defer further proceedings and place 
the person on probation upon such reasonable conditions as it 
may require and for a period, not to exceed the maximum term of 
imprisonment sentence provided for the violation.  The court may 
give the person the opportunity to attend and participate in an 
appropriate program of education regarding the nature and 
effects of alcohol and drug abuse as a stipulation of 
probation.  Upon violation of a condition of the probation, the 
court may enter an adjudication of guilt and proceed as 
otherwise provided.  The court may, in its discretion, dismiss 
the proceedings against the person and discharge the person from 
probation before the expiration of the maximum period prescribed 
for the person's probation.  If during the period of probation 
the person does not violate any of the conditions of the 
probation, then upon expiration of the period the court shall 
discharge the person and dismiss the proceedings against that 
person.  Discharge and dismissal under this subdivision shall be 
without court adjudication of guilt, but a not public record of 
it shall be retained by the department of public safety for the 
purpose of use by the courts in determining the merits of 
subsequent proceedings against the person.  The not public 
record may also be opened only upon court order for purposes of 
a criminal investigation, prosecution, or sentencing.  Upon 
request by law enforcement, prosecution, or corrections 
authorities, the department shall notify the requesting party of 
the existence of the not public record and the right to seek a 
court order to open it pursuant to this section.  The court 
shall forward a record of any discharge and dismissal under this 
subdivision to the department of public safety who shall make 
and maintain the not public record of it as provided under this 
subdivision.  The discharge or dismissal shall not be deemed a 
conviction for purposes of disqualifications or disabilities 
imposed by law upon conviction of a crime or for any other 
purpose. 
    For purposes of this subdivision, "not public" has the 
meaning given in section 13.02, subdivision 8a.  
    Sec. 12.  Minnesota Statutes 1992, section 169.121, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [HABITUAL OFFENDER PENALTIES.] (a) If a person 
has been convicted 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 if the person is then convicted of a gross misdemeanor 
violation of this section, a violation of section 169.129, or an 
ordinance in conformity with either of them (1) once within five 
years after the first conviction or (2) two or more times within 
ten years after the first conviction, the person must be 
sentenced to a minimum of 30 days imprisonment or to eight hours 
of community work service for each day less than 30 days that 
the person is ordered to serve in jail.  Provided, that if a 
person is convicted of violating this section, section 169.129, 
or an ordinance in conformity with either of them two or more 
times within five years after the first conviction, or within 
five years after the first of two or more license revocations, 
as defined in subdivision 3, paragraph (a), clause (2), the 
person must be sentenced to a minimum of 30 days imprisonment 
and the sentence may not be waived under paragraph (b) or (c).  
Notwithstanding section 609.135, the above sentence must be 
executed, unless the court departs from the mandatory minimum 
sentence under paragraph (b) or (c). 
     (b) Prior to sentencing the prosecutor may file a motion to 
have the defendant sentenced without regard to the mandatory 
minimum sentence established by this subdivision.  The motion 
must be accompanied by a statement on the record of the reasons 
for it.  When presented with the prosecutor's motion and if it 
finds that substantial mitigating factors exist, the court shall 
sentence the defendant without regard to the mandatory minimum 
term of imprisonment sentence established by this subdivision. 
    (c) The court may, on its own motion, sentence the 
defendant without regard to the mandatory minimum term of 
imprisonment sentence established by this subdivision if it 
finds that substantial mitigating factors exist and if its 
sentencing departure is accompanied by a statement on the record 
of the reasons for it. 
    (d) The court may sentence the defendant without regard to 
the mandatory minimum term of imprisonment sentence established 
by this subdivision if the defendant is sentenced to probation 
and ordered to participate in a program established under 
section 169.1265. 
    (e) When any portion of the sentence required by this 
subdivision is not executed, the court should impose a sentence 
that is proportional to the extent of the offender's prior 
criminal and moving traffic violation record. 
    Sec. 13.  Minnesota Statutes 1992, section 238.16, 
subdivision 2, is amended to read: 
    Subd. 2.  [GROSS MISDEMEANOR.] Any person violating the 
provisions of this chapter is guilty of a gross misdemeanor.  
Any term of imprisonment sentence imposed for any violation by a 
corporation shall be served by the senior resident officer of 
the corporation. 
    Sec. 14.  Minnesota Statutes 1992, section 244.065, is 
amended to read: 
    244.065 [PRIVATE EMPLOYMENT OF INMATES OF STATE 
CORRECTIONAL INSTITUTIONS IN COMMUNITY.] 
    When consistent with the public interest and the public 
safety, the commissioner of corrections may conditionally 
release an inmate to work at paid employment, seek employment, 
or participate in a vocational training or educational program, 
as provided in section 241.26, if the inmate has served at least 
one half of the term of imprisonment as reduced by good time 
earned by the inmate.  
    Sec. 15.  Minnesota Statutes 1992, section 244.14, 
subdivision 3, is amended to read: 
    Subd. 3.  [SANCTIONS.] The commissioner shall impose severe 
and meaningful sanctions for violating the conditions of an 
intensive community supervision program.  The commissioner shall 
provide for revocation of intensive community supervision of an 
offender who:  
    (1) commits a material violation of or repeatedly fails to 
follow the rules of the program; 
    (2) commits any misdemeanor, gross misdemeanor, or felony 
offense; or 
    (3) presents a risk to the public, based on the offender's 
behavior, attitude, or abuse of alcohol or controlled substances.
The revocation of intensive community supervision is governed by 
the procedures in the commissioner's rules adopted under section 
244.05, subdivision 2. 
    An offender whose intensive community supervision is 
revoked shall be imprisoned for a time period equal to the 
offender's original term of imprisonment, but in no case for 
longer than the time remaining in the offender's sentence.  
"Original Term of imprisonment" means a time period equal to 
two-thirds of the sentence originally executed by the sentencing 
court, minus jail credit, if any.  
    Sec. 16.  Minnesota Statutes 1992, section 244.15, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DURATION.] Phase I of an intensive 
community supervision program is six months, or one-half the 
time remaining in the offender's original term of imprisonment, 
whichever is less.  Phase II lasts for at least one-third of the 
time remaining in the offender's original term of imprisonment 
at the beginning of Phase II.  Phase III lasts for at least 
one-third of the time remaining in the offender's original term 
of imprisonment at the beginning of Phase III.  Phase IV 
continues until the commissioner determines that the offender 
has successfully completed the program or until the offender's 
sentence, minus jail credit, expires, whichever occurs first.  
If an offender successfully completes the intensive community 
supervision program before the offender's sentence expires, the 
offender shall be placed on supervised release for the remainder 
of the sentence. 
    Sec. 17.  Minnesota Statutes 1992, section 244.171, 
subdivision 4, is amended to read: 
    Subd. 4.  [SANCTIONS.] The commissioner shall impose severe 
and meaningful sanctions for violating the conditions of the 
challenge incarceration program.  The commissioner shall remove 
an offender from the challenge incarceration program if the 
offender: 
    (1) commits a material violation of or repeatedly fails to 
follow the rules of the program; 
    (2) commits any misdemeanor, gross misdemeanor, or felony 
offense; or 
    (3) presents a risk to the public, based on the offender's 
behavior, attitude, or abuse of alcohol or controlled 
substances.  The removal of an offender from the challenge 
incarceration program is governed by the procedures in the 
commissioner's rules adopted under section 244.05, subdivision 2.
    An offender who is removed from the challenge incarceration 
program shall be imprisoned for a time period equal to the 
offender's original term of imprisonment, minus earned good time 
if any, but in no case for longer than the time remaining in the 
offender's sentence.  "Original Term of imprisonment" means a 
time period equal to two-thirds of the sentence originally 
executed by the sentencing court, minus jail credit, if any. 
    Sec. 18.  Minnesota Statutes 1992, section 299A.35, 
subdivision 2, is amended to read: 
    Subd. 2.  [GRANT PROCEDURE.] A local unit of government or 
a nonprofit community-based entity may apply for a grant by 
submitting an application with the commissioner.  The applicant 
shall specify the following in its application: 
    (1) a description of each program for which funding is 
sought; 
    (2) 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; or any provision of chapter 152 that is punishable by a 
maximum term of imprisonment sentence 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 $50,000. 
    Sec. 19.  Minnesota Statutes 1992, section 609.0341, 
subdivision 1, is amended to read: 
    Subdivision 1.  [GROSS MISDEMEANORS.] Any law of this state 
which provides for a maximum fine of $1,000 or for a maximum 
term sentence of imprisonment of one year or which is defined as 
a gross misdemeanor shall, on or after August 1, 1983, be deemed 
to provide for a maximum fine of $3,000 and for a maximum term 
sentence of imprisonment of one year.  
    Sec. 20.  Minnesota Statutes 1992, section 609.101, 
subdivision 2, is amended to read: 
    Subd. 2.  [MINIMUM FINES.] Notwithstanding any other law:  
    (1) when a court sentences a person convicted of violating 
section 609.221, 609.267, or 609.342, it must impose a fine of 
not less than $500 nor more than the maximum fine authorized by 
law; 
    (2) when a court sentences a person convicted of violating 
section 609.222, 609.223, 609.2671, 609.343, 609.344, or 
609.345, it must impose a fine of not less than $300 nor more 
than the maximum fine authorized by law; and 
    (3) when a court sentences a person convicted of violating 
section 609.2231, 609.224, or 609.2672, it must impose a fine of 
not less than $100 nor more than the maximum fine authorized by 
law.  
     The court may not waive payment of the fine or authorize 
payment of it in installments unless the court makes written 
findings on the record that the convicted person is indigent or 
that the fine would create undue hardship for the convicted 
person or that person's immediate family. 
     The court shall collect the portion of the fine mandated by 
this subdivision and forward 70 percent of it to a local victim 
assistance program that provides services locally in the county 
in which the crime was committed.  The court shall forward the 
remaining 30 percent to the commissioner of finance to be 
credited to the general fund.  If more than one victim 
assistance program serves the county in which the crime was 
committed, the court may designate on a case-by-case basis which 
program will receive the fine proceeds, giving consideration to 
the nature of the crime committed, the types of victims served 
by the program, and the funding needs of the program.  If no 
victim assistance program serves that county, the court shall 
forward 100 percent of the fine proceeds to the commissioner of 
finance to be credited to the general fund.  Fine proceeds 
received by a local victim assistance program must be used to 
provide direct services to crime victims.  
     The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term sentence of imprisonment or 
restitution imposed or ordered by the court. 
    As used in this subdivision, "victim assistance program" 
means victim witness programs within county attorney offices or 
any of the following programs:  crime victim crisis centers, 
victim-witness programs, battered women shelters and nonshelter 
programs, and sexual assault programs. 
    Sec. 21.  Minnesota Statutes 1992, section 609.101, 
subdivision 3, is amended to read: 
    Subd. 3.  [CONTROLLED SUBSTANCE OFFENSES; MINIMUM FINES.] 
(a) Notwithstanding any other law, when a court sentences a 
person convicted of: 
    (1) a first degree controlled substance crime under section 
152.021, it must impose a fine of not less than $2,500 nor more 
than the maximum fine authorized by law; 
    (2) a second degree controlled substance crime under 
section 152.022, it must impose a fine of not less than $1,000 
nor more than the maximum fine authorized by law; 
    (3) a third degree controlled substance crime under section 
152.023, it must impose a fine of not less than $750 nor more 
than the maximum fine authorized by law; 
    (4) a fourth degree controlled substance crime under 
section 152.024, it must impose a fine of not less than $500 nor 
more than the maximum fine authorized by law; and 
    (5) a fifth degree controlled substance violation under 
section 152.025, it must impose a fine of not less than $300 nor 
more than the maximum fine authorized by law. 
     (b) The court may not waive payment of the fine or 
authorize payment of it in installments unless the court makes 
written findings on the record that the convicted person is 
indigent or that the fine would create undue hardship for the 
convicted person or that person's immediate family. 
     (c) The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term sentence of imprisonment or 
restitution imposed or ordered by the court. 
     (d) The court shall collect the fine mandated by this 
subdivision and forward 70 percent of it to a local drug abuse 
prevention program existing or being implemented in the county 
in which the crime was committed.  The court shall forward the 
remaining 30 percent to the state treasurer to be credited to 
the general fund.  If more than one drug abuse prevention 
program serves the county in which the crime was committed, the 
court may designate on a case-by-case basis which program will 
receive the fine proceeds, giving consideration to the community 
in which the crime was committed, the funding needs of the 
program, the number of peace officers in each community 
certified to teach the program, and the number of children 
served by the program in each community.  If no drug abuse 
prevention program serves communities in that county, the court 
shall forward 100 percent of the fine proceeds to the state 
treasurer to be credited to the general fund.  
     (e) The minimum fines required by this subdivision shall be 
collected as are other fines.  Fine proceeds received by a local 
drug abuse prevention program must be used to support that 
program, and may be used for salaries of peace officers 
certified to teach the program.  The drug abuse resistance 
education program must report receipt and use of money generated 
under this subdivision as prescribed by the drug abuse 
resistance education advisory council. 
     (f) As used in this subdivision, "drug abuse prevention 
program" and "program" include: 
     (1) the drug abuse resistance education program described 
in sections 299A.33 and 299A.331; and 
     (2) any similar drug abuse education and prevention program 
that includes the following components: 
     (A) instruction for students enrolled in kindergarten 
through grade six that is designed to teach students to 
recognize and resist pressures to experiment with controlled 
substances and alcohol; 
     (B) provisions for parental involvement; 
     (C) classroom instruction by uniformed law enforcement 
personnel; 
     (D) the use of positive student leaders to influence 
younger students not to use drugs; and 
     (E) an emphasis on activity-oriented techniques designed to 
encourage student-generated responses to problem-solving 
situations. 
    Sec. 22.  Minnesota Statutes 1992, section 609.101, 
subdivision 4, is amended to read: 
    Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
any other law: 
    (1) when a court sentences a person convicted of a felony 
that is not listed in subdivision 2 or 3, it must impose a fine 
of not less than 20 percent of the maximum fine authorized by 
law nor more than the maximum fine authorized by law; and 
    (2) when a court sentences a person convicted of a gross 
misdemeanor or misdemeanor that is not listed in subdivision 2, 
it must impose a fine of not less than 20 percent of the maximum 
fine authorized by law nor more than the maximum fine authorized 
by law. 
    The court may not waive payment of the minimum fine or 
authorize payment of it in installments unless the court makes 
written findings on the record that the convicted person is 
indigent or that the fine would create undue hardship for the 
convicted person or that person's immediate family. 
    The minimum fine required by this subdivision is in 
addition to the surcharge or assessment required by subdivision 
1 and is in addition to any term sentence of imprisonment or 
restitution imposed or ordered by the court. 
    Sec. 23.  Minnesota Statutes 1992, section 609.11, is 
amended to read: 
    609.11 [MINIMUM TERMS SENTENCES OF IMPRISONMENT.] 
    Subdivision 1.  [COMMITMENTS WITHOUT MINIMUMS.] All 
commitments to the commissioner of corrections for imprisonment 
of the defendant are without minimum terms except when the 
sentence is to life imprisonment as required by law and except 
as otherwise provided in this chapter.  
    Subd. 4.  [DANGEROUS WEAPON.] Any defendant convicted of an 
offense listed in subdivision 9 in which the defendant or an 
accomplice, at the time of the offense, used, whether by 
brandishing, displaying, threatening with, or otherwise 
employing, a dangerous weapon other than a firearm, or had in 
possession a firearm, shall be committed to the commissioner of 
corrections for a mandatory minimum term of imprisonment of not 
less than one year plus one day, nor more than the maximum 
sentence provided by law.  Any defendant convicted of a second 
or subsequent offense in which the defendant or an accomplice, 
at the time of the offense, used a dangerous weapon other than a 
firearm, or had in possession a firearm, shall be committed to 
the commissioner of corrections for a mandatory minimum term of 
imprisonment of not less than three years nor more than the 
maximum sentence provided by law.  
    Subd. 5.  [FIREARM.] Any defendant convicted of an offense 
listed in subdivision 9 in which the defendant or an accomplice, 
at the time of the offense, used, whether by brandishing, 
displaying, threatening with, or otherwise employing, a firearm, 
shall be committed to the commissioner of corrections for a 
mandatory minimum term of imprisonment of not less than three 
years, nor more than the maximum sentence provided by law.  Any 
defendant convicted of a second or subsequent offense in which 
the defendant or an accomplice, at the time of the offense, used 
a firearm shall be committed to the commissioner of corrections 
for a mandatory minimum term of imprisonment of not less than 
five years, nor more than the maximum sentence provided by law.  
    Subd. 5a.  [DRUG OFFENSES.] Notwithstanding section 
609.035, whenever a defendant is subject to a mandatory minimum 
term of imprisonment sentence for a felony violation of chapter 
152 and is also subject to this section, the minimum term of 
imprisonment sentence imposed under this section shall be 
consecutive to that imposed under chapter 152. 
    Subd. 6.  [NO EARLY RELEASE.] Any defendant convicted and 
sentenced as required by this section 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 the provisions 
of sections 242.19, 243.05, 244.04, 609.12 and 609.135.  
    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.  
    Subd. 8.  [MOTION BY PROSECUTOR.] Prior to the time of 
sentencing, the prosecutor may file a motion to have the 
defendant sentenced without regard to the mandatory minimum 
terms of imprisonment sentences established by this section.  
The motion shall be accompanied by a statement on the record of 
the reasons for it.  When presented with the motion and if it 
finds substantial mitigating factors exist, the court shall 
sentence the defendant without regard to the mandatory 
minimum terms of imprisonment sentences established by this 
section.  
    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. 24.  Minnesota Statutes 1992, section 609.135, 
subdivision 1, is amended to read: 
    Subdivision 1.  [TERMS AND CONDITIONS.] Except when a 
sentence of life imprisonment is required by law, or when a 
mandatory minimum term of imprisonment sentence is required by 
section 609.11, any court may stay imposition or execution of 
sentence and (a) may order intermediate sanctions without 
placing the defendant on probation, or (b) may place the 
defendant on probation with or without supervision and on the 
terms the court prescribes, including intermediate sanctions 
when practicable.  The court may order the supervision to be 
under the probation officer of the court, or, if there is none 
and the conviction is for a felony or gross misdemeanor, by the 
commissioner of corrections, or in any case by some other 
suitable and consenting person.  No intermediate sanction may be 
ordered performed at a location that fails to observe applicable 
requirements or standards of chapter 181A or 182, or any rule 
promulgated under them.  For purposes of this subdivision, 
subdivision 6, and section 609.14, the term "intermediate 
sanctions" includes but is not limited to incarceration in a 
local jail or workhouse, home detention, electronic monitoring, 
intensive probation, sentencing to service, reporting to a day 
reporting center, chemical dependency or mental health treatment 
or counseling, restitution, fines, day-fines, community work 
service, and work in lieu of or to work off fines.  
    A court may not stay the revocation of the driver's license 
of a person convicted of violating the provisions of section 
169.121. 
    Sec. 25.  Minnesota Statutes 1992, section 609.1352, 
subdivision 1, is amended to read: 
    Subdivision 1.  [SENTENCING AUTHORITY.] A court shall 
sentence commit a person to a term of imprisonment of the 
commissioner of corrections for a period of time that is not 
less than double the presumptive sentence under the sentencing 
guidelines and not more than the statutory maximum, or if the 
statutory maximum is less than double the presumptive 
sentence, to a term of imprisonment for a period of time that is 
equal to the statutory maximum, if: 
     (1) the court is imposing an executed sentence, based on a 
sentencing guidelines presumptive imprisonment sentence or a 
dispositional departure for aggravating circumstances or a 
mandatory minimum sentence, on a person convicted of committing 
or attempting to commit a violation of section 609.342, 609.343, 
609.344, or 609.345, or on a person convicted of committing or 
attempting to commit any other crime listed in subdivision 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 unless the 
offender refuses to be examined.  The conclusion may not be 
based on testing alone.  A patterned sex offender is one whose 
criminal sexual behavior is so engrained that the risk of 
reoffending is great without intensive psychotherapeutic 
intervention or other long-term controls. 
    Sec. 26.  Minnesota Statutes 1992, section 609.15, 
subdivision 2, is amended to read: 
    Subd. 2.  [LIMIT ON TERMS SENTENCES; MISDEMEANOR AND GROSS 
MISDEMEANOR.] If the court specifies that the sentence shall run 
consecutively and all of the sentences are for misdemeanors, the 
total of the terms of imprisonment sentences shall not exceed 
one year. If all of the sentences are for gross misdemeanors, 
the total of the terms sentences shall not exceed three years. 
    Sec. 27.  Minnesota Statutes 1992, section 609.152, 
subdivision 1, is amended to read: 
    Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
the following terms have the meanings given.  
    (b) "Conviction" means any of the following accepted and 
recorded by the court:  a plea of guilty, a verdict of guilty by 
a jury, or a finding of guilty by the court.  The term includes 
a conviction by any court in Minnesota or another jurisdiction.  
    (c) "Prior conviction" means a conviction that occurred 
before the offender committed the next felony resulting in a 
conviction and before the offense for which the offender is 
being sentenced under this section. 
    (d) "Violent crime" means a violation of or an attempt or 
conspiracy to violate any of the following laws of this state or 
any similar laws of the United States or any other state:  
section 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 sentence of 15 
years or more. 
    Sec. 28.  Minnesota Statutes 1992, section 609.196, is 
amended to read: 
    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 sentence for the offense if the 
person was previously convicted of a heinous crime as defined in 
section 609.184 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. 29.  Minnesota Statutes 1992, section 609.229, 
subdivision 3, is amended to read: 
    Subd. 3.  [PENALTY.] (a) If the crime committed in 
violation of subdivision 2 is a felony, the statutory maximum 
for the crime is three years longer than the statutory maximum 
for the underlying crime. 
    (b) If the crime committed in violation of subdivision 2 is 
a misdemeanor, the person is guilty of a gross misdemeanor. 
    (c) If the crime committed in violation of subdivision 2 is 
a gross misdemeanor, the person is guilty of a felony and may be 
sentenced to a term of imprisonment of for not more than one 
year and a day or to payment of a fine of not more than $5,000, 
or both. 
    Sec. 30.  Minnesota Statutes 1992, section 609.346, 
subdivision 2, is amended to read: 
    Subd. 2.  [SUBSEQUENT SEX OFFENSE; PENALTY.] Except as 
provided in subdivision 2a or 2b, if a person is convicted under 
sections 609.342 to 609.345, within 15 years of 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 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. 31.  Minnesota Statutes 1992, section 609.346, 
subdivision 2b, is amended to read: 
    Subd. 2b.  [MANDATORY 30-YEAR SENTENCE.] (a) The court 
shall sentence commit a person to a term of the commissioner of 
corrections for not less than 30 years, notwithstanding the 
statutory maximum sentence under section 609.343, if: 
    (1) the person is convicted under section 609.342, 
subdivision 1, clause (c), (d), (e), or (f); or 609.343, 
subdivision 1, clause (c), (d), (e), or (f); and 
    (2) the court determines on the record at the time of 
sentencing that:  
    (i) the crime involved an aggravating factor that would 
provide grounds for an upward departure under the sentencing 
guidelines other than the aggravating factor applicable to 
repeat criminal sexual conduct convictions; and 
    (ii) the person has a previous sex offense conviction under 
section 609.342, 609.343, or 609.344. 
    (b) Notwithstanding sections 609.342, subdivision 3; and 
609.343, subdivision 3; and subdivision 2, the court may not 
stay imposition or execution of the sentence required by this 
subdivision. 
    Sec. 32.  Minnesota Statutes 1992, section 609.3461, 
subdivision 2, is amended to read: 
    Subd. 2.  [BEFORE RELEASE.] If a person convicted of 
violating or attempting to violate section 609.342, 609.343, 
609.344, or 609.345, or sentenced as a patterned sex offender 
under section 609.1352, 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. 33.  Minnesota Statutes 1992, section 609.582, 
subdivision 1a, is amended to read: 
    Subd. 1a.  [MANDATORY MINIMUM SENTENCE FOR BURGLARY OF 
OCCUPIED DWELLING.] A person convicted of committing burglary of 
an occupied dwelling, as defined in subdivision 1, clause (a), 
must be committed to the commissioner of corrections or county 
workhouse for a mandatory minimum term of imprisonment of not 
less than six months. 
    Sec. 34.  Minnesota Statutes 1992, section 609.891, 
subdivision 2, is amended to read: 
    Subd. 2.  [FELONY.] (a) A person who violates subdivision 1 
in a manner that creates a grave risk of causing the death of a 
person is guilty of a felony and may be sentenced to a term of 
imprisonment of for not more than ten years or to payment of a 
fine of not more than $20,000, or both. 
    (b) A person who is convicted of a second or subsequent 
gross misdemeanor violation of subdivision 1 is guilty of a 
felony and may be sentenced under paragraph (a). 
    Sec. 35.  Minnesota Statutes 1992, section 611A.06, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NOTICE OF RELEASE REQUIRED.] The 
commissioner of corrections or other custodial authority shall 
make a good faith effort to notify the victim that the offender 
is to be released from imprisonment or incarceration, including 
release on extended furlough and for work release; released from 
a juvenile correctional facility; released from a facility in 
which the offender was confined due to incompetency, mental 
illness, or mental deficiency, or commitment under section 
253B.18; or transferred from one correctional facility to 
another when the correctional program involves less security, if 
the victim has mailed to the commissioner of corrections or to 
the head of the facility in which the offender is confined a 
written request for this notice.  The good faith effort to 
notify the victim must occur prior to the release, transfer, or 
change in security status.  For a victim of a felony crime 
against the person for which the offender was sentenced to a 
term of imprisonment of for more than 18 months, the good faith 
effort to notify the victim must occur 60 days before the 
offender's release, transfer, or change in security status.  
    Sec. 36.  Minnesota Statutes 1992, section 629.291, 
subdivision 1, is amended to read: 
    Subdivision 1.  [PETITION FOR TRANSFER.] The attorney 
general of the United States, or any of the attorney general's 
assistants, or the United States attorney for the district of 
Minnesota, or any of the United States attorney's assistants, 
may file a petition with the governor requesting the state of 
Minnesota to consent to transfer an inmate, serving a term of 
imprisonment sentence in a Minnesota correctional facility for 
violation of a Minnesota criminal law, to the United States 
district court for the purpose of being tried for violation of a 
federal criminal law.  In order for a petition to be filed under 
this section, the inmate must at the time of the filing of the 
petition be under indictment in the United States district court 
for Minnesota for violation of a federal criminal law.  The 
petition must name the inmate for whom transfer is requested and 
the Minnesota correctional facility in which the inmate is 
imprisoned.  The petition must be verified and have a certified 
copy of the federal indictment attached to it.  The petitioner 
must agree in the petition to pay all expenses incurred by the 
state in transferring the inmate to the United States court for 
trial. 
    Sec. 37.  [EFFECTIVE DATE.] 
    Sections 1 to 36 are effective August 1, 1993, and apply to 
crimes committed on or after that date. 

                              ARTICLE 14 

                            APPROPRIATIONS 
    Section 1.  [APPROPRIATION.] 
   $9,345,000 is appropriated from the general fund to the 
agencies and for the purposes indicated in this article, to be 
available for the fiscal year ending June 30 in the years 
indicated. 
                                          1994           1995
Sec. 2.  DEPARTMENT OF  
EDUCATION.                 
For violence prevention education 
grants under Minnesota Statutes, 
section 126.78.  One hundred percent
of this appropriation must be paid
according to the process established
in Minnesota Statutes, section 124.195,
subdivision 9.  Up to $50,000 of this
appropriation may be used for
administration of the programs funded
in this section.                       1,500,000      1,500,000
Sec. 3.  HIGHER EDUCATION
COORDINATING BOARD
For purposes of article 12,
sections 13, 14, and 15.                 200,000        200,000
Sec. 4.  DARE ADVISORY COUNCIL
For drug abuse resistance 
education programs under Minnesota
Statutes, section 299A.331.              190,000        190,000
Sec. 5.  DEPARTMENT OF PUBLIC
SAFETY                                   950,000        950,000
(a) For community crime reduction
grants under Minnesota Statutes,
section 299A.35.  Of this appropriation,
$500,000 each year is for programs
qualifying under Minnesota Statutes,
section 299A.35, subdivision 1,
clauses (2) and (4); $100,000 each
year is for programs qualifying under
section 299A.35, subdivision 1, 
clause (3); and $100,000
each year is for programs 
qualifying under section 299A.35, 
subdivision 1, clause (5).              700,000        700,000
(b) For the costs of providing
training on and auditing of 
the BCA's criminal justice information 
systems reporting requirements.         100,000        100,000
(c) For the costs of providing
training on and auditing of the
criminal justice data communications
network criminal justice information
systems reporting requirements.         100,000        100,000
(d) For the costs of implementing
the sex offender registration 
provisions.                              50,000         50,000
Sec. 6.  DEPARTMENT OF HUMAN
SERVICES
For the Asian-American juvenile crime
prevention grant program authorized
by Minnesota Statutes, section
256.486.                                100,000        100,000
Sec. 7.  DEPARTMENT OF HEALTH
For the planning process for an
institute for child and adolescent
sexual health.                           65,000          -0-  
Sec. 8.  DEPARTMENT OF
CORRECTIONS                           1,500,000      1,600,000
(a) For the survey of inmates
required by article 12, section 17.      25,000          -0-  
(b) For the sex offender
programming project required by
article 8, section 7, to be
available until June 30, 1995.        1,175,000      1,300,000
(c) For the costs of providing
training on and auditing of criminal
justice information systems reporting 
requirements.                            50,000         50,000
(d) For the costs of the juvenile
restitution grant program.  The 
commissioner may use up to five percent 
of this appropriation for 
administrative expenses.                250,000        250,000
Sec. 9.  SUPREME COURT
For the costs of providing
training on and auditing of 
criminal justice information systems 
reporting requirements.                 100,000        100,000 
Sec. 10.  SENTENCING 
GUIDELINES COMMISSION
For the costs of providing
training on and auditing of criminal
justice information systems reporting
requirements.                            50,000         50,000
    Presented to the governor May 17, 1993 
    Signed by the governor May 20, 1993, 2:17 p.m.

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