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

                              CHAPTER 2-S.F.No. 2 
                  An act relating to criminal justice; appropriating 
                  money for the courts, public defenders, public safety, 
                  corrections, and other criminal justice agencies; 
                  establishing, funding, modifying, and regulating 
                  public safety, criminal justice, judiciary, law 
                  enforcement, corrections, crime victims, CriMNet, and 
                  driving while impaired policies, programs, duties, 
                  activities, or practices; requiring studies and 
                  reports; clarifying the reporting requirements of 
                  predatory registration law; imposing criminal and 
                  civil penalties; setting or increasing fines, 
                  surcharges, and fees; amending Minnesota Statutes 
                  2002, sections 13.87, subdivision 3; 15A.0815, 
                  subdivision 3; 16A.151, subdivision 2; 152.021, 
                  subdivisions 2a, 3; 169A.03, subdivision 21, by adding 
                  a subdivision; 169A.20, subdivision 2; 169A.25, 
                  subdivision 1; 169A.26, subdivision 1; 169A.27, 
                  subdivision 1; 169A.275, subdivisions 3, 4, by adding 
                  a subdivision; 169A.40, subdivision 3; 169A.44; 
                  169A.51, subdivision 5; 169A.53, subdivision 3; 
                  169A.54, subdivision 6; 169A.60, subdivisions 8, 13; 
                  241.016, subdivision 1; 243.166, subdivisions 3, 4a; 
                  243.48, subdivision 1; 243.53, subdivision 1; 
                  260B.105, subdivisions 1, 2; 260B.143, subdivision 1; 
                  260C.163, subdivision 5; 270A.03, subdivision 5; 
                  271.06, subdivision 4; 299A.42; 299A.44, subdivision 
                  1; 299A.465, subdivision 4; 299C.05; 299C.06; 299C.10, 
                  subdivision 4, by adding a subdivision; 299C.48; 
                  299F.46, subdivision 1, by adding subdivisions; 
                  299M.01, by adding subdivisions; 299M.03, by adding 
                  subdivisions; 299M.04; 299M.11, subdivisions 1, 2; 
                  340A.301, by adding a subdivision; 357.021, 
                  subdivisions 2, 6, 7; 357.022; 357.08; 363.073, by 
                  adding a subdivision; 590.05; 609.101, subdivision 4; 
                  609.105, subdivision 1, by adding subdivisions; 
                  609.119; 609.135, subdivisions 1, 2; 609.145, by 
                  adding a subdivision; 609.2231, by adding a 
                  subdivision; 609.322, by adding a subdivision; 
                  609.3241; 609.527, subdivision 3; 609.5312, 
                  subdivisions 3, 4; 609.66, subdivision 1a, by adding a 
                  subdivision; 609.68; 609.681; 609.748, subdivisions 3, 
                  4, 5; 611.14; 611.17; 611.18; 611.25, subdivision 1; 
                  611.26, subdivision 6; 611.272; 624.22, subdivision 1; 
                  629.471, by adding a subdivision; 641.14; 641.263, by 
                  adding a subdivision; proposing coding for new law in 
                  Minnesota Statutes, chapters 169A; 243; 244; 256B; 
                  299F; 609; 611A; repealing Minnesota Statutes 2002, 
                  sections 13.855; 123B.73; 152.135, subdivision 4; 
                  241.41; 241.42; 241.43; 241.44; 241.441; 241.45; 
                  244.19, subdivision 3a; Laws 2002, chapter 220, 
                  article 6, section 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1 
                                 APPROPRIATIONS 
        Section 1.  [CRIMINAL JUSTICE APPROPRIATIONS.] 
           The sums shown in the columns marked "APPROPRIATIONS" are 
        appropriated from the general fund, or another named fund, to 
        the agencies and for the purposes specified in this act, to be 
        available for the fiscal years indicated for each purpose.  The 
        figures "2003," "2004," and "2005," where used in this act, mean 
        that the appropriation or appropriations listed under them are 
        available for the year ending June 30, 2003, June 30, 2004, or 
        June 30, 2005, respectively.  The term "first year" means the 
        fiscal year ending June 30, 2004, and the term "second year" 
        means the fiscal year ending June 30, 2005. 
                                SUMMARY BY FUND
                     2003       2004          2005           TOTAL
        General   $379,000  $ 709,621,000  $ 724,439,000 $1,434,439,000 
        State Government       
        Special Revenue             7,000          7,000         14,000 
        Environmental 
        Fund                       49,000         49,000         98,000 
        Special Revenue    
        Fund                    5,578,000      5,578,000     11,156,000 
        Trunk 
        Highway                   361,000        361,000        722,000 
        TOTAL     $379,000  $ 715,616,000  $ 730,434,000 $1,446,429,000
                                                   APPROPRIATIONS 
                                               Available for the Year 
                                                   Ending June 30 
                                                  2004         2005 
        Sec. 2.   SUPREME COURT               38,806,000     36,439,000
        [REPORT ON COURT FEES.] The state court 
        administrator shall review and report 
        back on the financial consequences of 
        policy changes made in the following 
        areas:  (1) criminal and traffic 
        offender surcharges; (2) public 
        defender co-pays; and (3) the use of 
        revenue recapture to collect the public 
        defender co-pay.  The report shall also 
        list the local governmental units that 
        employ administrative procedures to 
        collect fines for ordinance 
        violations.  The state court 
        administrator must submit the report to 
        the chairs and ranking minority members 
        on the committees that have 
        jurisdiction over court funding by 
        January 15 of each year. 
        $5,000 each year is for a contingent 
        account for expenses necessary for the 
        normal operation of the court for which 
        no other reimbursement is provided. 
        [LEGAL SERVICES TO LOW-INCOME CLIENTS 
        IN FAMILY LAW MATTERS.] Of this 
        appropriation, $877,000 each year is to 
        improve the access of low-income 
        clients to legal representation in 
        family law matters.  This appropriation 
        must be distributed under Minnesota 
        Statutes, section 480.242, to the 
        qualified legal services programs 
        described in Minnesota Statutes, 
        section 480.242, subdivision 2, 
        paragraph (a).  Any unencumbered 
        balance remaining in the first year 
        does not cancel and is available in the 
        second year. 
        Of this appropriation, $355,000 in 
        fiscal year 2005 is for the 
        implementation of the Minnesota Child 
        Support Act and is contingent upon its 
        enactment.  This is a onetime 
        appropriation. 
        Sec. 3.   COURT OF APPEALS             7,898,000      7,939,000
        Sec. 4.   DISTRICT COURTS            175,287,000    196,633,000
        The court administrator in each county 
        shall make all reasonable and diligent 
        efforts to promptly collect public 
        defender co-payments.  If the court 
        administrator is unable to collect the 
        co-payment, the court administrator 
        shall timely submit a claim for revenue 
        recapture. 
        Sec. 5.   TAX COURT                      726,000        726,000
        Sec. 6.   UNIFORM LAWS 
        COMMISSION                                38,000         39,000
        Sec. 7.   BOARD ON     
        JUDICIAL STANDARDS                       252,000        252,000
        Sec. 8.   BOARD OF PUBLIC
        DEFENSE                               53,763,000     46,082,000
        Sec. 9.  PUBLIC SAFETY 
        Subdivision 1.  Total 
        Appropriation                         70,065,000     70,525,000
                                Summary by Fund
                                  2004          2005 
        General              69,013,000    69,473,000
        Special Revenue         635,000       635,000
        State Government 
        Special Revenue           7,000         7,000
        Environmental            49,000        49,000
        Trunk Highway           361,000       361,000
        [APPROPRIATIONS FOR PROGRAMS.] The 
        amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        Subd. 2.  Emergency 
        Management                            2,903,000      2,903,000
        [EQUIPMENT; EMERGENCY RESPONSE TEAMS; 
        DULUTH, MOORHEAD, ST. PAUL, ROCHESTER.] 
        The commissioner of public safety may 
        not relocate or reassign to another 
        location or emergency response team the 
        equipment currently housed or stored in 
        or around Duluth, Moorhead, St. Paul, 
        or Rochester and intended for use by 
        the emergency response teams 
        responsible for responding to incidents 
        in and around Duluth, Moorhead, St. 
        Paul, or Rochester. 
                      Summary by Fund
        General               2,854,000     2,854,000
        Environmental            49,000        49,000
        [NONPROFIT AND FAITH-BASED 
        ORGANIZATIONS; ANTI-TERRORISM GRANTS.] 
        Notwithstanding any law to the 
        contrary, nonprofit and faith-based 
        organizations may apply for and receive 
        any funds or grants, whether federal or 
        state, made available for 
        anti-terrorism efforts that are not 
        distributed or encumbered for 
        distribution to public safety entities 
        within a year of receipt by the 
        department of public safety.  These 
        organizations must be considered under 
        the same criteria applicable to any 
        other eligible entity and must be given 
        equal consideration. 
        $430,000 is canceled from the fiscal 
        year 2003 appropriation for terrorism 
        response-related equipment in Laws 
        2003, chapter 401, article 2, section 
        1, subdivision 2. 
        Subd. 3.  Criminal 
        Apprehension                         36,207,000     36,874,000
                      Summary by Fund
        General              35,204,000    35,871,000
        Special Revenue         635,000       635,000
        State Government 
        Special Revenue           7,000         7,000
        Trunk Highway           361,000       361,000
        $1,066,000 the first year and $546,000 
        the second year are to enable the 
        bureau of criminal apprehension to 
        establish and maintain an Internet Web 
        site containing public criminal history 
        data.  This is a onetime appropriation 
        and does not become part of the base.  
        If the appropriation for the first year 
        if not sufficient, the appropriation 
        for the second year is available for 
        use in the first year.  $28,000 is 
        added to the base for fiscal year 2006 
        and $28,000 is added to the base for 
        fiscal year 2007 for ongoing support 
        and maintenance of the Web site. 
        [COOPERATIVE INVESTIGATION OF 
        CROSS-JURISDICTIONAL CRIMINAL 
        ACTIVITY.] $135,000 each year from the 
        bureau of criminal apprehension account 
        in the special revenue fund is for 
        grants to local officials for the 
        cooperative investigation of 
        cross-jurisdictional criminal 
        activity.  Any unencumbered balance 
        remaining in the first year does not 
        cancel but is available for the second 
        year. 
        [LABORATORY ACTIVITIES.] $500,000 the 
        first year and $500,000 the second year 
        from the bureau of criminal 
        apprehension account in the special 
        revenue fund are appropriated for 
        laboratory activities. 
        [DWI LAB ANALYSIS; TRUNK HIGHWAY FUND.] 
        Notwithstanding Minnesota Statutes, 
        section 161.20, subdivision 3, $361,000 
        the first year and $361,000 the second 
        year are appropriated from the trunk 
        highway fund for laboratory analysis 
        related to driving while impaired cases.
        [CRIMNET.] The commissioner of public 
        safety shall develop a plan for using 
        the base funds appropriated for the 
        CriMNet policy group, the CriMNet 
        backbone, and CriMNet suspense file 
        reductions to further completion of the 
        CriMNet program.  The commissioner 
        shall consult with the criminal and 
        juvenile justice information policy 
        group and other interested parties on 
        the development of this plan. 
        Subd. 4. Fire Marshal                 2,430,000      2,444,000 
        Subd. 5.  Alcohol and 
        Gambling Enforcement                  1,622,000      1,622,000 
        Subd. 6.  Crime Victims Services
        Center                               24,839,000     24,623,000 
        Of this appropriation, $945,000 the 
        first year and $945,000 the second year 
        are for the abused children program. 
        The office of justice programs must 
        convene a focus group in every judicial 
        district to assess crime victim needs 
        and program effectiveness.  The office 
        must convene focus groups on a biennial 
        basis in order to ensure ongoing, 
        broad-based stakeholder and public 
        input. 
        Subd. 7.  Law Enforcement and 
        Community Grants                      2,064,000      2,059,000 
        The base for this program shall be 
        $2,054,000 for fiscal year 2006 and 
        $2,049,000 for fiscal year 2007. 
        [GANG STRIKE FORCE.] By January 15, 
        2004, the commissioner of public safety 
        must submit a report on a plan to 
        combine the gang strike force and the 
        narcotics task force to the senate and 
        house chairs of committees with 
        jurisdiction over criminal justice. 
        [JUVENILE ASSESSMENT ACCOUNT.] The 
        balance of the funds in the juvenile 
        assessment account in the special 
        revenue fund is transferred to the 
        state fire marshal hotel inspection 
        dedicated special revenue account on 
        July 1, 2003. 
        [ADMINISTRATION COSTS.] Up to 2.5 
        percent of the grant funds appropriated 
        in this subdivision may be used to 
        administer the grant programs. 
        The office of drug policy and violence 
        prevention must give priority to 
        programs dealing with school truancy 
        and after-school activity. 
        Sec. 10.  PEACE OFFICERS STANDARDS
        BOARD (POST)                          3,943,000      3,943,000
        This appropriation is from the peace 
        officers training account in the 
        special revenue fund.  Any receipts 
        credited to that account in the first 
        year in excess of $3,943,000 must be 
        transferred and credited to the general 
        fund.  Any receipts credited to that 
        account in the second year in excess of 
        $3,943,000 must be transferred and 
        credited to the general fund. 
        Sec. 11.  PRIVATE DETECTIVE BOARD        126,000        126,000
        Sec. 12.  HUMAN RIGHTS                 3,520,000      3,490,000
        Sec. 13.  CORRECTIONS                                          
        Subdivision 1.  Total 
        Appropriation                        359,600,000    363,804,000
                                Summary by Fund
        General Fund        358,600,000    362,804,000
        Special Revenue       1,000,000      1,000,000
        The amounts that may be spent from this 
        appropriation for each program are 
        specified in the following subdivisions.
        [FEASIBILITY OF DOUBLE BUNKING AT LOCAL 
        JAILS.] The commissioner of corrections 
        must work with the Minnesota Sheriff's 
        Association, the Association of 
        Minnesota Counties, and Community 
        Corrections Act counties to review 
        capacities at local jail facilities and 
        to determine the feasibility of 
        increasing capacity by double bunking 
        inmates. 
        Subd. 2.  Correctional 
        Institutions                         237,309,000    240,427,000 
                                Summary by Fund 
        General Fund        236,679,000    239,797,000 
        Special Revenue         630,000        630,000 
        [CONTRACT FOR BEDS AT RUSH CITY.] If 
        the commissioner contracts with other 
        states, local units of government, or 
        the federal government to rent beds in 
        the Rush City correctional facility, 
        the commissioner shall charge a per 
        diem under the contract, to the extent 
        possible, that is equal to or greater 
        than the per diem cost of housing 
        Minnesota inmates in the facility.  The 
        per diem cost for housing inmates of 
        other states, local units of 
        government, or the federal government 
        at this facility shall be based on the 
        assumption that the facility is at or 
        near capacity.  
        The commissioner may use the per diem 
        appropriation, up to $300,000, for the 
        pre-design of the renovation and 1,161 
        bed expansion at the Minnesota 
        Correctional Facility-Faribault.  By 
        January 15, 2004, the commissioner of 
        corrections shall report to the chairs 
        and ranking members of the legislative 
        committees having jurisdiction over 
        corrections and capital investment on 
        the pre-design.  Notwithstanding any 
        laws to the contrary, the commissioner 
        may use the remaining per diem 
        appropriation to operate the state 
        correctional system. 
        Subd. 3.  Juvenile Services           13,035,000     13,035,000 
        Subd. 4.  Community Services          94,359,000     95,445,000 
                                Summary by Fund 
        General Fund         94,239,000     95,325,000
        Special Revenue         120,000        120,000
        [MILLE LACS COUNTY PROBATION SERVICES.] 
        $373,000 the first year and $373,000 
        the second year are for an increase in 
        probation services provided to Mille 
        Lacs County.  It is anticipated that 
        the county will reimburse the state for 
        these costs and that these proceeds 
        will be deposited in the general fund. 
        [BELTRAMI COUNTY PROBATION SERVICES.] 
        $61,000 the first year and $61,000 the 
        second year are for an increase in 
        probation support services provided to 
        Beltrami County.  It is anticipated 
        that the county will reimburse the 
        state for these costs and that these 
        proceeds will be deposited in the 
        general fund. 
        $1,207,000 each year is appropriated to 
        the commissioner of corrections for 
        costs associated with the housing and 
        care of short-term offenders.  The 
        commissioner may use up to 20 percent 
        of the total amount of the 
        appropriation for inpatient medical 
        care for short-term offenders with less 
        than six months to serve as affected by 
        the changes made to Minnesota Statutes, 
        section 609.105, in this act.  The 
        commissioner shall establish and 
        implement policy governing the 
        admission, housing, medical care, and 
        release of this population.  All funds 
        remaining at the end of the fiscal year 
        not expended for inpatient medical care 
        shall be added to and distributed with 
        the housing funds.  These funds shall 
        be distributed proportionately based on 
        the total number of days short-term 
        offenders are placed locally, not to 
        exceed $70 per day.  Short-term 
        offenders may be housed in a state 
        correctional facility at the discretion 
        of the commissioner.  The department of 
        corrections is exempt from the state 
        contracting process for the purposes of 
        the changes made to Minnesota Statutes, 
        section 609.105, in this act. 
        Subd. 5.  Operations Support          14,897,000     14,897,000 
                                Summary by Fund
        General Fund         14,647,000     14,647,000
        Special Revenue         250,000        250,000
        Sec. 14.  SENTENCING GUIDELINES          436,000        436,000
        [REPORT ON DRUG OFFENDER SENTENCING.] 
        The sentencing guidelines commission, 
        in consultation with the commissioner 
        of corrections, shall prepare a report 
        and make recommendations regarding the 
        following drug offender sentencing 
        issues: 
        (1) the evolution of Minnesota's drug 
        sentencing laws, the annual proportion 
        and number of prisoners incarcerated 
        for drug crimes in Minnesota state 
        prisons, the annual cost of 
        incarcerating drug offenders in 
        Minnesota state prisons, the 
        effectiveness of drug courts, and 
        current programs that employ 
        alternatives to incarceration for drug 
        offenders in Minnesota state prisons; 
        (2) the average and the range of 
        criminal history scores for each level 
        of drug offender currently incarcerated 
        in Minnesota state prisons; 
        (3) the proportionality of Minnesota's 
        drug sentencing provisions when 
        compared to sentencing provisions for 
        other crimes in Minnesota; 
        (4) the proportionality of Minnesota's 
        drug sentencing provisions when 
        compared to other states' drug 
        sentencing provisions; 
        (5) the type and quantity of Minnesota 
        correctional resources that are 
        dedicated to all drug offenders; 
        (6) the projected annual cost to the 
        department of corrections of 
        incarcerating all drug offenders in 
        state prisons over the next ten years; 
        (7) the cost savings to the department 
        of corrections by not incarcerating 
        nonviolent drug offenders and sending 
        them to noncustodial drug treatment 
        instead providing that the length of 
        their sentence is not reduced; and 
        (8) the recidivism rate for drug 
        offenders, in Minnesota and other 
        states, who are sent to noncustodial 
        drug treatment rather than 
        incarceration. 
        The sentencing guidelines commission 
        must present the report and 
        recommendations to the chairs and 
        ranking minority members of the house 
        and senate committees having 
        jurisdiction over criminal justice 
        policy and financing by January 15, 
        2004. 
        Sec. 15.  DEPARTMENT OF   
        HUMAN SERVICES                         1,156,000     ..,...,... 
        Of this appropriation, $770,000 in 
        fiscal year 2004 is for the 
        implementation of the Minnesota Child 
        Support Act and is contingent upon its 
        enactment.  This is a onetime 
        appropriation. 
        Of this appropriation, $386,000 is for 
        costs associated with the alternative 
        placement of offenders with serious and 
        persistent mental illness initiative 
        contained in article 5. 
        Sec. 16.   DEFICIENCY 
        APPROPRIATION 
         FISCAL YEAR 2003  
        General     35,000 
        [SPECIAL HEARING COSTS.] This 
        appropriation for fiscal year 2003 is 
        added to the appropriation in Laws 
        2001, First Special Session chapter 8, 
        article 4, section 5, to the board on 
        judicial standards and is to fund costs 
        of a public hearing for a judge.  This 
        appropriation is available the day 
        following final enactment and is 
        available until June 30, 2003. 
        Sec. 17.  SUNSET OF UNCODIFIED 
        LANGUAGE 
        All uncodified language contained in 
        this article expires on June 30, 2005, 
        unless a different expiration date is 
        explicit. 

                                   ARTICLE 2 
                                  COURT POLICY 
           Section 1.  Minnesota Statutes 2002, section 271.06, 
        subdivision 4, is amended to read: 
           Subd. 4.  [APPEAL FEE.] At the time of filing the notice of 
        appeal the appellant shall pay to the court administrator of the 
        tax court an appeal fee equal to the fee provided for civil 
        actions in the district court under section 357.021, subdivision 
        2, clause (1); except that no appeal fee shall be required of 
        the commissioner of revenue, the attorney general, the state or 
        any of its political subdivisions.  In small claims division, 
        the appeal fee shall be $25 $150.  The provisions of chapter 
        563, providing for proceedings in forma pauperis, shall also 
        apply for appeals to the tax court. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 2.  Minnesota Statutes 2002, section 357.021, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FEE AMOUNTS.] The fees to be charged and 
        collected by the court administrator shall be as follows: 
           (1) In every civil action or proceeding in said court, 
        including any case arising under the tax laws of the state that 
        could be transferred or appealed to the tax court, the 
        plaintiff, petitioner, or other moving party shall pay, when the 
        first paper is filed for that party in said action, a fee of 
        $135 $235. 
           The defendant or other adverse or intervening party, or any 
        one or more of several defendants or other adverse or 
        intervening parties appearing separately from the others, shall 
        pay, when the first paper is filed for that party in said 
        action, a fee of $135 $235. 
           The party requesting a trial by jury shall pay $75. 
           The fees above stated shall be the full trial fee 
        chargeable to said parties irrespective of whether trial be to 
        the court alone, to the court and jury, or disposed of without 
        trial, and shall include the entry of judgment in the action, 
        but does not include copies or certified copies of any papers so 
        filed or proceedings under chapter 103E, except the provisions 
        therein as to appeals. 
           (2) Certified copy of any instrument from a civil or 
        criminal proceeding, $10, and $5 for an uncertified copy. 
           (3) Issuing a subpoena, $3 $12 for each name. 
           (4) Filing a motion or response to a motion in civil, 
        family, excluding child support, and guardianship cases, $55.  
           (5) Issuing an execution and filing the return thereof; 
        issuing a writ of attachment, injunction, habeas corpus, 
        mandamus, quo warranto, certiorari, or other writs not 
        specifically mentioned, $10 $40. 
           (5) (6) Issuing a transcript of judgment, or for filing and 
        docketing a transcript of judgment from another court, $7.50 $30.
           (6) (7) Filing and entering a satisfaction of judgment, 
        partial satisfaction, or assignment of judgment, $5. 
           (7) (8) Certificate as to existence or nonexistence of 
        judgments docketed, $5 for each name certified to. 
           (8) (9) Filing and indexing trade name; or recording basic 
        science certificate; or recording certificate of physicians, 
        osteopaths, chiropractors, veterinarians, or optometrists, $5. 
           (9) (10) For the filing of each partial, final, or annual 
        account in all trusteeships, $10 $40. 
           (10) (11) For the deposit of a will, $5 $20. 
           (11) (12) For recording notary commission, $25 $100, of 
        which, notwithstanding subdivision 1a, paragraph (b), $20 $80 
        must be forwarded to the state treasurer to be deposited in the 
        state treasury and credited to the general fund. 
           (12) (13) Filing a motion or response to a motion for 
        modification of child support, a fee fixed by rule or order of 
        the supreme court.  
           (13) (14) All other services required by law for which no 
        fee is provided, such fee as compares favorably with those 
        herein provided, or such as may be fixed by rule or order of the 
        court. 
           (14) (15) In addition to any other filing fees under this 
        chapter, a surcharge in the amount of $75 must be assessed in 
        accordance with section 259.52, subdivision 14, for each 
        adoption petition filed in district court to fund the fathers' 
        adoption registry under section 259.52. 
           The fees in clauses (3) and (4) (5) need not be paid by a 
        public authority or the party the public authority represents. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 3.  Minnesota Statutes 2002, section 357.022, is 
        amended to read: 
           357.022 [CONCILIATION COURT FEE.] 
           The court administrator in every county shall charge and 
        collect a filing fee of $25 where the amount demanded is less 
        than $2,000 and $35 where the amount demanded is $2,000 or more 
        $50 from every plaintiff and from every defendant when the first 
        paper for that party is filed in any conciliation court action.  
        This section does not apply to conciliation court actions filed 
        by the state.  The court administrator shall transmit the fees 
        monthly to the state treasurer for deposit in the state treasury 
        and credit to the general fund. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 4.  Minnesota Statutes 2002, section 357.08, is 
        amended to read: 
           357.08 [PAID BY APPELLANT IN APPEAL.] 
           There shall be paid to the clerk of the appellate courts by 
        the appellant, or moving party or person requiring the service, 
        in all cases of appeal, certiorari, habeas corpus, mandamus, 
        injunction, prohibition, or other original proceeding, when 
        initially filed with the clerk of the appellate courts, the sum 
        of $250 $500 to the clerk of the appellate courts.  An 
        additional filing fee of $100 shall be required for a petition 
        for accelerated review by the supreme court.  A filing fee 
        of $250 $500 shall be paid to the clerk of the appellate courts 
        upon the filing of a petition for review from a decision of the 
        court of appeals.  A filing fee of $250 $500 shall be paid to 
        the clerk of the appellate courts upon the filing of a petition 
        for permission to appeal.  A filing fee of $100 shall be paid to 
        the clerk of the appellate courts upon the filing by a 
        respondent of a notice of review.  The clerk shall transmit the 
        fees to the state treasurer for deposit in the state treasury 
        and credit to the general fund.  
           The clerk shall not file any paper, issue any writ or 
        certificate, or perform any service enumerated herein, until the 
        payment has been made for it.  The clerk shall pay the sum into 
        the state treasury as provided for by section 15A.01.  
           The charges provided for shall not apply to disbarment 
        proceedings, nor to an action or proceeding by the state taken 
        solely in the public interest, where the state is the appellant 
        or moving party, nor to copies of the opinions of the court 
        furnished by the clerk to the parties before judgment, or 
        furnished to the district judge whose decision is under review, 
        or to such law library associations in counties having a 
        population exceeding 50,000, as the court may direct. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 5.  Minnesota Statutes 2002, section 363.073, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [FILING FEE; ACCOUNT; APPROPRIATION.] The 
        commissioner shall collect a $75 fee for each certificate of 
        compliance issued by the commissioner or the commissioner's 
        designated agent.  The proceeds of the fee must be deposited in 
        a human rights fee special revenue account.  Money in the 
        account is appropriated to the commissioner to fund the cost of 
        issuing certificates and investigating grievances. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 6.  Minnesota Statutes 2002, section 609.101, 
        subdivision 4, is amended to read: 
           Subd. 4.  [MINIMUM FINES; OTHER CRIMES.] Notwithstanding 
        any other law: 
           (1) when a court sentences a person convicted of a felony 
        that is not listed in subdivision 2 or 3, it must impose a fine 
        of not less than 30 percent of the maximum fine authorized by 
        law nor more than the maximum fine authorized by law; and 
           (2) when a court sentences a person convicted of a gross 
        misdemeanor or misdemeanor that is not listed in subdivision 2, 
        it must impose a fine of not less than 30 percent of the maximum 
        fine authorized by law nor more than the maximum fine authorized 
        by law, unless the fine is set at a lower amount on a uniform 
        fine schedule established by the conference of chief judges in 
        consultation with affected state and local agencies.  This 
        schedule shall be promulgated not later than January September 1 
        of each year and shall become effective on August January 1 of 
        that the next year unless the legislature, by law, provides 
        otherwise. 
           The minimum fine required by this subdivision is in 
        addition to the surcharge or assessment required by section 
        357.021, subdivision 6, and is in addition to any sentence of 
        imprisonment or restitution imposed or ordered by the court. 
           The court shall collect the fines mandated in this 
        subdivision and, except for fines for traffic and motor vehicle 
        violations governed by section 169.871 and section 299D.03 and 
        fish and game violations governed by section 97A.065, forward 20 
        percent of the revenues to the state treasurer for deposit in 
        the general fund. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 

                                   ARTICLE 3 
                                 PUBLIC DEFENSE
           Section 1.  Minnesota Statutes 2002, section 270A.03, 
        subdivision 5, is amended to read: 
           Subd. 5.  [DEBT.] "Debt" means a legal obligation of a 
        natural person to pay a fixed and certain amount of money, which 
        equals or exceeds $25 and which is due and payable to a claimant 
        agency.  The term includes criminal fines imposed under section 
        609.10 or 609.125 and restitution.  The term also includes the 
        co-payment for the appointment of a district public defender 
        imposed under section 611.17, paragraph (c).  A debt may arise 
        under a contractual or statutory obligation, a court order, or 
        other legal obligation, but need not have been reduced to 
        judgment.  
           A debt includes any legal obligation of a current recipient 
        of assistance which is based on overpayment of an assistance 
        grant where that payment is based on a client waiver or an 
        administrative or judicial finding of an intentional program 
        violation; or where the debt is owed to a program wherein the 
        debtor is not a client at the time notification is provided to 
        initiate recovery under this chapter and the debtor is not a 
        current recipient of food stamps, transitional child care, or 
        transitional medical assistance. 
           A debt does not include any legal obligation to pay a 
        claimant agency for medical care, including hospitalization if 
        the income of the debtor at the time when the medical care was 
        rendered does not exceed the following amount: 
           (1) for an unmarried debtor, an income of $8,800 or less; 
           (2) for a debtor with one dependent, an income of $11,270 
        or less; 
           (3) for a debtor with two dependents, an income of $13,330 
        or less; 
           (4) for a debtor with three dependents, an income of 
        $15,120 or less; 
           (5) for a debtor with four dependents, an income of $15,950 
        or less; and 
           (6) for a debtor with five or more dependents, an income of 
        $16,630 or less.  
           The income amounts in this subdivision shall be adjusted 
        for inflation for debts incurred in calendar years 2001 and 
        thereafter.  The dollar amount of each income level that applied 
        to debts incurred in the prior year shall be increased in the 
        same manner as provided in section 1(f) of the Internal Revenue 
        Code of 1986, as amended through December 31, 2000, except that 
        for the purposes of this subdivision the percentage increase 
        shall be determined from the year starting September 1, 1999, 
        and ending August 31, 2000, as the base year for adjusting for 
        inflation for debts incurred after December 31, 2000. 
           Debt also includes an agreement to pay a MinnesotaCare 
        premium, regardless of the dollar amount of the premium 
        authorized under section 256L.15, subdivision 1a. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 2.  Minnesota Statutes 2002, section 590.05, is 
        amended to read: 
           590.05 [INDIGENT PETITIONERS.] 
           A person financially unable to obtain counsel who desires 
        to pursue the remedy provided in section 590.01 may apply for 
        representation by the state public defender.  The state public 
        defender shall represent such person under the applicable 
        provisions of sections 611.14 to 611.27, if the person has not 
        already had a direct appeal of the conviction.  If, however, the 
        person pled guilty and received a presumptive sentence or a 
        downward departure in sentence, and the state public defender 
        reviewed the person's case and determined that there was no 
        basis for an appeal of the conviction or of the sentence, then 
        the state public defender may decline to represent the person in 
        a postconviction remedy case.  The state public defender may 
        represent, without charge, all other persons pursuing a 
        postconviction remedy under section 590.01, who are financially 
        unable to obtain counsel.  
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 3.  Minnesota Statutes 2002, section 611.14, is 
        amended to read: 
           611.14 [RIGHT TO REPRESENTATION BY PUBLIC DEFENDER.] 
           The following persons who are financially unable to obtain 
        counsel are entitled to be represented by a public defender: 
           (1) a person charged with a felony, gross misdemeanor, or 
        misdemeanor including a person charged under sections 629.01 to 
        629.29; 
           (2) a person appealing from a conviction of a felony or 
        gross misdemeanor, or a person convicted of a felony or gross 
        misdemeanor, who is pursuing a postconviction proceeding and who 
        has not already had a direct appeal of the conviction, but if 
        the person pled guilty and received a presumptive sentence or a 
        downward departure in sentence, and the state public defender 
        reviewed the person's case and determined that there was no 
        basis for an appeal of the conviction or of the sentence, then 
        the state public defender may decline to represent the person in 
        a postconviction remedy case; 
           (3) a person who is entitled to be represented by counsel 
        under section 609.14, subdivision 2; or 
           (4) a minor ten years of age or older who is entitled to be 
        represented by counsel under section 260B.163, subdivision 4, or 
        260C.163, subdivision 3. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 4.  Minnesota Statutes 2002, section 611.17, is 
        amended to read: 
           611.17 [FINANCIAL INQUIRY; STATEMENTS; CO-PAYMENT.] 
           Subdivision 1.  [STANDARDS FOR DISTRICT PUBLIC DEFENSE 
        ELIGIBILITY.] (a) Each judicial district must screen 
        requests under paragraph (b) for representation by the district 
        public defender.  A defendant is financially unable to obtain 
        counsel if: 
           (1) the defendant, or any dependent of the defendant who 
        resides in the same household as the defendant, receives 
        means-tested governmental benefits; or 
           (2) the defendant, through any combination of liquid assets 
        and current income, would be unable to pay the reasonable costs 
        charged by private counsel in that judicial district for a 
        defense of the same matter. 
           (b) Upon a request for the appointment of counsel, the 
        court shall make appropriate inquiry into the financial 
        circumstances of the applicant, who shall submit a financial 
        statement under oath or affirmation setting forth the 
        applicant's assets and liabilities, including the value of any 
        real property owned by the applicant, whether homestead or 
        otherwise, less the amount of any encumbrances on the real 
        property, the source or sources of income, and any other 
        information required by the court.  The applicant shall be under 
        a continuing duty while represented by a public defender to 
        disclose any changes in the applicant's financial circumstances 
        that might be relevant to the applicant's eligibility for a 
        public defender.  The state public defender shall furnish 
        appropriate forms for the financial statements.  The forms must 
        contain conspicuous notice of the applicant's continuing duty to 
        disclose to the court changes in the applicant's financial 
        circumstances.  The forms must also contain conspicuous notice 
        of the applicant's obligation to make a co-payment for the 
        services of the district public defender, as specified under 
        paragraph (c).  The information contained in the statement shall 
        be confidential and for the exclusive use of the court and the 
        public defender appointed by the court to represent the 
        applicant except for any prosecution under section 609.48.  A 
        refusal to execute the financial statement or produce financial 
        records constitutes a waiver of the right to the appointment of 
        a public defender.  The court shall not appoint a district 
        public defender to a defendant who is financially able to retain 
        private counsel but refuses to do so. 
           An inquiry to determine financial eligibility of a 
        defendant for the appointment of the district public defender 
        shall be made whenever possible prior to the court appearance 
        and by such persons as the court may direct.  This inquiry may 
        be combined with the pre-release investigation provided for in 
        Minnesota Rule of Criminal Procedure 6.02, subdivision 3.  In no 
        case shall the district public defender be required to perform 
        this inquiry or investigate the defendant's assets or 
        eligibility.  The court has the sole duty to conduct a financial 
        inquiry.  The inquiry must include the following: 
           (1) the liquidity of real estate assets, including the 
        defendant's homestead; 
           (2) any assets that can be readily converted to cash or 
        used to secure a debt; 
           (3) the determination of whether the transfer of an asset 
        is voidable as a fraudulent conveyance; and 
           (4) the value of all property transfers occurring on or 
        after the date of the alleged offense.  The burden is on the 
        accused to show that he or she is financially unable to afford 
        counsel.  Defendants who fail to provide information necessary 
        to determine eligibility shall be deemed ineligible.  The court 
        must not appoint the district public defender as advisory 
        counsel. 
           (c) Upon disposition of the case appointment of the public 
        defender, an individual who has received receives public 
        defender services shall be obligated to pay to the court a $28 
        co-payment for representation provided by a public defender, 
        unless the co-payment is, or has been, waived by the court.  The 
        co-payment shall be according to the following schedule: 
           (1) if the person was charged with a felony, $200; 
           (2) if the person was charged with a gross misdemeanor, 
        $100; or 
           (3) if the person was charged with a misdemeanor, $50. 
           If the person is a child and was appointed counsel under 
        the provisions of section 260B.163, subdivision 4, the parents 
        of the child shall pay to the court a co-payment of $100.  If 
        the person is a parent of a child and the parent was appointed 
        counsel under the provisions of section 260C.163, subdivision 3, 
        the parent shall pay to the court a co-payment of $200. 
           The co-payment shall be deposited in the state general 
        fund.  If a term of probation is imposed as a part of an 
        offender's sentence, the co-payment required by this section 
        must not be made a condition of probation.  The co-payment 
        required by this section is a civil obligation and must not be 
        made a condition of a criminal sentence.  Collection of the 
        co-payment may be made through the provisions of chapter 270A, 
        the Revenue Recapture Act. 
           (d) All public defender co-pay revenue collected under 
        paragraph (c) and revenues less statutory fees collected under 
        chapter 270A shall be deposited in the public defender co-pay 
        account in the special revenue fund. 
           The first $2,740,000 deposited in the public defender 
        co-pay account must be transferred to the general fund.  This is 
        not an annual transfer.  Receipts in excess of the first 
        $2,740,000 are appropriated to the board of public defense for 
        public defender services. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 5.  Minnesota Statutes 2002, section 611.18, is 
        amended to read: 
           611.18 [APPOINTMENT OF PUBLIC DEFENDER.] 
           If it appears to a court that a person requesting the 
        appointment of counsel satisfies the requirements of this 
        chapter, the court shall order the appropriate public defender 
        to represent the person at all further stages of the proceeding 
        through appeal, if any.  For a person appealing from a 
        conviction, or a person pursuing a postconviction proceeding and 
        who has not already had a direct appeal of the 
        conviction, according to the standards of sections 611.14 and 
        611.25, subdivision 1, paragraph (a), clause (2), the state 
        public defender shall be appointed.  For a person covered by 
        section 611.14, clause (1), a district public defender shall be 
        appointed to represent that person.  If (a) conflicting 
        interests exist, (b) the district public defender for any other 
        reason is unable to act, or (c) the interests of justice 
        require, the state public defender may be ordered to represent a 
        person.  When the state public defender is directed by a court 
        to represent a defendant or other person, the state public 
        defender may assign the representation to any district public 
        defender.  If at any stage of the proceedings, including an 
        appeal, the court finds that the defendant is financially unable 
        to pay counsel whom the defendant had retained, the court may 
        appoint the appropriate public defender to represent the 
        defendant, as provided in this section.  Prior to any court 
        appearance, a public defender may represent a person accused of 
        violating the law, who appears to be financially unable to 
        obtain counsel, and shall continue to represent the person 
        unless it is subsequently determined that the person is 
        financially able to obtain counsel.  The representation may be 
        made available at the discretion of the public defender, upon 
        the request of the person or someone on the person's behalf.  
        Any law enforcement officer may notify the public defender of 
        the arrest of any such person. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 6.  Minnesota Statutes 2002, section 611.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REPRESENTATION.] (a) The state public 
        defender shall represent, without charge: 
           (1) a defendant or other person appealing from a conviction 
        of a felony or gross misdemeanor; 
           (2) a person convicted of a felony or gross misdemeanor who 
        is pursuing a postconviction proceeding and who has not already 
        had a direct appeal of the conviction, but if the person pled 
        guilty and received a presumptive sentence or a downward 
        departure in sentence, and the state public defender reviewed 
        the person's case and determined that there was no basis for an 
        appeal of the conviction or of the sentence, then the state 
        public defender may decline to represent the person in a 
        postconviction remedy case; and 
           (3) a child who is appealing from a delinquency 
        adjudication or from an extended jurisdiction juvenile 
        conviction. 
           (b) The state public defender may represent, without 
        charge, all other persons pursuing a postconviction remedy under 
        section 590.01, who are financially unable to obtain counsel.  
           (c) The state public defender shall represent any other 
        person, who is financially unable to obtain counsel, when 
        directed to do so by the supreme court or the court of appeals, 
        except that the state public defender shall not represent a 
        person in any action or proceeding in which a party is seeking a 
        monetary judgment, recovery or award.  When requested by a 
        district public defender or appointed counsel, the state public 
        defender may assist the district public defender, appointed 
        counsel, or an organization designated in section 611.216 in the 
        performance of duties, including trial representation in matters 
        involving legal conflicts of interest or other special 
        circumstances, and assistance with legal research and brief 
        preparation.  When the state public defender is directed by a 
        court to represent a defendant or other person, the state public 
        defender may assign the representation to any district public 
        defender. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 7.  Minnesota Statutes 2002, section 611.26, 
        subdivision 6, is amended to read: 
           Subd. 6.  [PERSONS DEFENDED.] The district public defender 
        shall represent, without charge, a defendant charged with a 
        felony, a gross misdemeanor, or misdemeanor when so directed by 
        the district court.  The district public defender shall also 
        represent a minor ten years of age or older in the juvenile 
        court when so directed by the juvenile court.  The district 
        public defender must not serve as advisory counsel.  The 
        juvenile court may not order the district public defender to 
        represent a minor who is under the age of ten years, to serve as 
        a guardian ad litem, or to represent a guardian ad litem. 
           Sec. 8.  Minnesota Statutes 2002, section 611.272, is 
        amended to read: 
           611.272 [ACCESS TO GOVERNMENT DATA.] 
           The district public defender, the state public defender, or 
        an attorney working for a public defense corporation under 
        section 611.216 has access to the criminal justice data 
        communications network described in section 299C.46, as provided 
        in this section.  Access to data under this section is limited 
        to data regarding the public defender's own client as necessary 
        to prepare criminal cases in which the public defender has been 
        appointed, including, but not limited to, criminal history data 
        under section 13.87; juvenile offender data under section 
        299C.095; warrant information data under section 299C.115; 
        incarceration data under section 299C.14; conditional release 
        data under section 299C.147; and diversion program data under 
        section 299C.46, subdivision 5.  The public defender does not 
        have access to law enforcement active investigative data under 
        section 13.82, subdivision 7; data protected under section 
        13.82, subdivision 17; or confidential arrest warrant indices 
        data under section 13.82, subdivision 19.  The public defender 
        has access to the data at no charge, except for the monthly 
        network access charge under section 299C.46, subdivision 3, 
        paragraph (b), and a reasonable installation charge for a 
        terminal.  Notwithstanding section 13.87, subdivision 3,; 
        299C.46, subdivision 3, paragraph (b); 299C.48, or any other law 
        to the contrary, there shall be no charge to public defenders 
        for Internet access to public criminal history data the criminal 
        justice data communications network. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 

                                   ARTICLE 4 
                                  PUBLIC SAFETY 
           Section 1.  Minnesota Statutes 2002, section 13.87, 
        subdivision 3, is amended to read: 
           Subd. 3.  [INTERNET ACCESS.] (a) The bureau of criminal 
        apprehension shall establish and maintain an Internet Web site 
        containing public criminal history data by July 1, 2004.  
           (b) Notwithstanding section 13.03, subdivision 3, paragraph 
        (a), the bureau of criminal apprehension may charge a fee for 
        Internet access to public criminal history data provided through 
        August 1, 2003 2005.  The fee may not exceed $5 per inquiry or 
        the amount needed to recoup the actual cost of implementing and 
        providing Internet access, whichever is less.  Fees collected 
        must be deposited in the general fund as a nondedicated receipt. 
           (b) (c) The Web site must include a notice to the subject 
        of data of the right to contest the accuracy or completeness of 
        data, as provided under section 13.04, subdivision 4, and 
        provide a telephone number and address that the subject may 
        contact for further information on this process.  
           (c) (d) The Web site must include the effective date of 
        data that is posted.  
           (d) (e) The Web site must include a description of the 
        types of criminal history data not available on the site, 
        including arrest data, juvenile data, criminal history data from 
        other states, federal data, data on convictions where 15 years 
        have elapsed since discharge of the sentence, and other data 
        that are not accessible to the public. 
           (e) (f) A person who intends to access the Web site to 
        obtain information regarding an applicant for employment, 
        housing, or credit should must disclose to the applicant the 
        intention to do so.  The Web site must include a notice that a 
        person obtaining such access should must notify the applicant 
        that when a background check using this Web site may be has been 
        conducted.  This paragraph does not create a civil cause of 
        action on behalf of the data subject. 
           (g) This subdivision does not create a civil cause of 
        action on behalf of the data subject. 
           (h) This subdivision expires July 31, 2007. 
           Sec. 2.  Minnesota Statutes 2002, section 299A.42, is 
        amended to read: 
           299A.42 [PUBLIC SAFETY OFFICER'S BENEFIT ACCOUNT.] 
           The public safety officer's benefit account is created in 
        the state treasury.  Money in the account consists of money 
        transferred and appropriated to that account.  Money in the 
        account that is not expended in the fiscal year in which it is 
        transferred or appropriated does not revert to the general fund 
        until claims for reimbursement under section 299A.465 that are 
        submitted in that fiscal year are either paid or denied. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 3.  Minnesota Statutes 2002, section 299A.44, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [PAYMENT REQUIRED.] (a) On certification to 
        the governor by the commissioner of public safety that a public 
        safety officer employed within this state has been killed in the 
        line of duty, leaving a spouse or one or more eligible 
        dependents, the commissioner of finance shall pay $100,000 from 
        the public safety officer's benefit account, as follows: 
           (1) if there is no dependent child, to the spouse; 
           (2) if there is no spouse, to the dependent child or 
        children in equal shares; 
           (3) if there are both a spouse and one or more dependent 
        children, one-half to the spouse and one-half to the child or 
        children, in equal shares; 
           (4) if there is no surviving spouse or dependent child or 
        children, to the parent or parents dependent for support on the 
        decedent, in equal shares; or 
           (5) if there is no surviving spouse, dependent child, or 
        dependent parent, then no payment may be made from the public 
        safety officer's benefit fund to the public safety officer's 
        estate.  
           (b) If there are both a spouse and one or more dependent 
        children under age 18, the spouse, at the spouse's discretion, 
        may spend a maximum of one-third of a child's share on medical 
        or dental treatment for the child or the child's education.  
        Expenditures under this paragraph on behalf of a child do not 
        diminish the shares of any other children.  In addition, a 
        spouse, at the spouse's discretion, may expend money from a 
        child's share to pay state and federal taxes on any interest 
        accrued on the share. 
           [EFFECTIVE DATE.] This section is effective retroactively 
        from July 1, 2002. 
           Sec. 4.  Minnesota Statutes 2002, section 299A.465, 
        subdivision 4, is amended to read: 
           Subd. 4.  [PUBLIC EMPLOYER REIMBURSEMENT.] A public 
        employer subject to this section may annually apply to the 
        commissioner of public safety for reimbursement to help defray a 
        portion of its costs of complying with this section.  
        Applications must be submitted by August 1 for claims relating 
        to the preceding fiscal year.  The commissioner shall provide 
        reimbursement to the public employer out of the public safety 
        officer's benefit account.  Reimbursement may be less than the 
        total claim and may be prorated based on the number of eligible 
        peace officers, firefighters, and qualifying dependents.  An 
        individual share must not exceed the actual cost to a public 
        employer to provide coverage for an individual under this 
        section. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 5.  Minnesota Statutes 2002, section 299C.05, is 
        amended to read: 
           299C.05 [DIVISION OF CRIMINAL STATISTICS.] 
           There is hereby established within the bureau a division of 
        criminal statistics, and the superintendent, within the limits 
        of membership herein prescribed, shall appoint a qualified 
        statistician and one assistant to be in charge thereof.  It 
        shall be the duty of this division to collect, and preserve as a 
        record of the bureau, information concerning the number and 
        nature of offenses known to have been committed in the state, of 
        the legal steps taken in connection therewith from the inception 
        of the complaint to the final discharge of the defendant, and 
        such other information as may be useful in the study of crime 
        and the administration of justice.  The information so collected 
        and preserved shall include such data as may be requested by the 
        United States department of justice, at Washington, under its 
        national system of crime reporting.  To the extent possible, the 
        superintendent must utilize a nationally recognized system or 
        standard approved by the Federal Bureau of Investigation to 
        collect and preserve crime data. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003. 
           Sec. 6.  Minnesota Statutes 2002, section 299C.06, is 
        amended to read: 
           299C.06 [DIVISION POWERS AND DUTIES; COOPERATION.] 
           It shall be the duty of all sheriffs, chiefs of police, 
        city marshals, constables, prison wardens, superintendents of 
        insane hospitals, reformatories and correctional schools, 
        probation and parole officers, school attendance officers, 
        coroners, county attorneys, court clerks, the commissioner of 
        public safety, the commissioner of transportation, and the state 
        fire marshal to furnish to the division statistics and 
        information regarding the number of crimes reported and 
        discovered, arrests made, complaints, informations, and 
        indictments, filed and the disposition made of same, pleas, 
        convictions, acquittals, probations granted or denied, 
        conditional release information, receipts, transfers, and 
        discharges to and from prisons, reformatories, correctional 
        schools, and other institutions, paroles granted and revoked, 
        commutation of sentences and pardons granted and rescinded, and 
        all other data useful in determining the cause and amount of 
        crime in this state and to form a basis for the study of crime, 
        police methods, court procedure, and penal problems. Such 
        statistics and information shall be furnished upon the request 
        of the division and upon such forms as may be prescribed and 
        furnished by it.  Unless otherwise required or permitted by the 
        superintendent of the bureau of criminal apprehension, an agency 
        or person furnishing information under this section must utilize 
        a nationally recognized system or standard approved by the 
        Federal Bureau of Investigation for reporting statistics and 
        information.  The division shall have the power to inspect and 
        prescribe the form and substance of the records kept by those 
        officials from which the information is so furnished. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003. 
           Sec. 7.  Minnesota Statutes 2002, section 299C.10, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FEE FOR BACKGROUND CHECK; ACCOUNT; 
        APPROPRIATION.] The superintendent shall collect a fee in an 
        amount to cover the expense for each background check provided 
        for a purpose not directly related to the criminal justice 
        system or required by section 624.7131, 624.7132, or 624.714.  
        The proceeds of the fee must be deposited in a special account.  
        Money in the account is annually appropriated to the 
        commissioner to maintain and improve the quality of the criminal 
        record system in Minnesota.  The superintendent shall collect an 
        additional handling fee of $7 for FBI background fingerprint 
        checks. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 8.  Minnesota Statutes 2002, section 299C.10, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [FEE FOR TAKING FINGERPRINTS; ACCOUNT 
        APPROPRIATION.] The superintendent may charge a fee of $10 to 
        take fingerprints for the public when required by an employer or 
        government entity for either employment or licensing.  No fee 
        will be charged when there is a question whether the person is 
        the subject of a criminal history record.  The proceeds of the 
        fee must be deposited in an account in the special revenue 
        fund.  Money in the account is annually appropriated to the 
        commissioner to maintain and improve the quality of the criminal 
        record system in Minnesota. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 9.  Minnesota Statutes 2002, section 299C.48, is 
        amended to read: 
           299C.48 [CONNECTION BY AUTHORIZED AGENCY; STANDING 
        APPROPRIATION.] 
           (a) An agency authorized under section 299C.46, subdivision 
        3, may connect with and participate in the criminal justice data 
        communications network upon approval of the commissioner of 
        public safety; provided, that the agency shall first agree to 
        pay installation charges as may be necessary for connection and 
        monthly operational charges as may be established by the 
        commissioner of public safety.  Before participation by a 
        criminal justice agency may be approved, the agency must have 
        executed an agreement with the commissioner providing for 
        security of network facilities and restrictions on access to 
        data supplied to and received through the network. 
           (b) In addition to any fee otherwise authorized, the 
        commissioner of public safety shall impose a fee for providing 
        secure dial-up or Internet access for criminal justice agencies 
        and noncriminal justice agencies.  The following monthly fees 
        apply: 
           (1) criminal justice agency accessing via Internet, $15; 
           (2) criminal justice agency accessing via dial-up, $35; 
           (3) noncriminal justice agency accessing via Internet, $35; 
        and 
           (4) noncriminal justice agency accessing via dial-up, $35. 
           (c) The installation and monthly operational charges 
        collected by the commissioner of public safety under paragraph 
        paragraphs (a) and (b) are annually appropriated to the 
        commissioner to administer sections 299C.46 to 299C.50. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 10.  Minnesota Statutes 2002, section 299F.46, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [HOTEL INSPECTION.] (a) It shall be the 
        duty of the commissioner of public safety to inspect, or cause 
        to be inspected, at least once every three years, every hotel in 
        this state; and, for that purpose, the commissioner, or the 
        commissioner's deputies, or designated alternates or agents 
        shall have the right to enter or have access thereto at any 
        reasonable hour; and, when, upon such inspection, it shall be 
        found that the hotel so inspected does not conform to or is not 
        being operated in accordance with the provisions of sections 
        157.011 and 157.15 to 157.22, in so far as the same relate to 
        fire prevention or fire protection of hotels, or the rules 
        promulgated thereunder, or is being maintained or operated in 
        such manner as to violate the Uniform Fire Code Minnesota State 
        Fire Code promulgated pursuant to section 299F.011 or any other 
        law of this state relating to fire prevention and fire 
        protection of hotels, the commissioner and the deputies or 
        designated alternates or agents shall report such a situation to 
        the hotel inspector who shall proceed as provided for in chapter 
        157. 
           (b) The word "hotel", as used in this subdivision, has the 
        meaning given in section 299F.391. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 11.  Minnesota Statutes 2002, section 299F.46, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [INSPECTION FEES.] (a) For each hotel required to 
        have a fire inspection according to subdivision 1, the 
        commissioner of public safety may charge each hotel a triennial 
        inspection fee of $435 and a per room charge of $5 for one to 18 
        units; $6 for 19 to 35 units; $7 for 36 to 100 units, and $8 for 
        100 or more units.  The fee includes one follow-up inspection.  
        The commissioner shall charge each resort a triennial inspection 
        fee of $435 and a per room charge of $5 for one to 10 units; $6 
        for 11 to 25 units; and $7 for 26 or more units.  
           The commissioner shall charge a fee of $225 for each 
        additional follow-up inspection for hotels and resorts, 
        conducted in each three-year cycle that is necessary to bring 
        the hotel or resort into compliance with the state fire code. 
           (b) Nothing in this subdivision prevents the designated 
        agent from continuing to charge an inspection fee or from 
        establishing a new inspection fee. 
           (c) Hotels and motels with fewer than 35 rooms and resorts 
        classified as 1c under section 273.13 are exempt from the fee 
        requirements of this subdivision. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 12.  Minnesota Statutes 2002, section 299F.46, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [SPECIAL ACCOUNT.] Money received by the state 
        fire marshal division for this program must be deposited in the 
        state treasury and credited to a state fire marshal hotel 
        inspection dedicated account in the special revenue fund.  All 
        money in the state fire marshal hotel inspection dedicated 
        account is annually appropriated to the commissioner of public 
        safety to operate and administer this program. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 13.  [299F.47] [PUBLIC SCHOOL INSPECTIONS.] 
           Subdivision 1.  [INSPECTION REQUIRED.] The state fire 
        marshal shall develop a plan to inspect once every three years 
        every public school facility used for educational purposes.  The 
        state fire marshal shall charge school districts $0.014 per 
        square foot for each school building inspected.  These rates 
        shall include two follow-up inspections or on-site 
        consultations.  If additional follow-up inspections or 
        consultations are needed, the state fire marshal shall charge 
        $0.005 per square foot for each additional follow-up inspection 
        to each applicable building in which a follow-up inspection is 
        needed. 
           Subd. 2.  [CHARTER SCHOOLS.] The state fire marshal shall 
        charge charter schools $100 for each school building inspected.  
        This rate shall include two follow-up inspections or on-site 
        consultations.  If additional follow-up inspections or 
        consultations are needed, the state fire marshal shall charge 
        $50 for each additional follow-up inspection to each applicable 
        building in which a follow-up inspection is needed. 
           Subd. 3.  [SPECIAL ACCOUNT.] Money received by the state 
        fire marshal division for this program must be deposited in the 
        state treasury and credited to a state fire marshal school 
        inspection dedicated account in the special revenue fund.  All 
        money in the state fire marshal school inspection account is 
        annually appropriated to the commissioner of public safety for 
        purposes of operating and administering this program. 
           Subd. 4.  [LOCAL INSPECTIONS.] If inspections of public 
        school buildings and charter schools were conducted by local 
        units of government between January 1, 1987, and January 1, 
        1990, then inspections may continue to be provided by the local 
        unit of government. 
           Subd. 5.  [VARIANCE.] Notwithstanding section 299F.011, 
        subdivisions 5a and 5b, a variance from the code must be 
        approved by the state fire marshal before taking effect. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 14.  Minnesota Statutes 2002, section 299M.01, is 
        amended by adding a subdivision to read: 
           Subd. 8a.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
        CONTRACTOR.] "Multipurpose potable water piping system 
        contractor" means a person who contracts to sell, design, 
        install, modify, or inspect a multipurpose potable water piping 
        system, its parts, or related equipment. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 15.  Minnesota Statutes 2002, section 299M.01, is 
        amended by adding a subdivision to read: 
           Subd. 8b.  [MULTIPURPOSE POTABLE WATER PIPING 
        SYSTEM.] "Multipurpose potable water piping system" means a 
        potable water piping system that is intended to serve both 
        domestic and fire protection needs throughout a one- or 
        two-family dwelling unit.  No person may install a multipurpose 
        potable water piping system unless that person is licensed 
        pursuant to section 326.40 and is certified pursuant to section 
        299M.03. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 16.  Minnesota Statutes 2002, section 299M.01, is 
        amended by adding a subdivision to read: 
           Subd. 8c.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
        INSTALLER.] "Multipurpose potable water piping system installer" 
        means a person who is certified as competent to engage in 
        installing, connecting, altering, repairing, or adding to a 
        residential multipurpose potable water piping system in a one- 
        or two-family dwelling unit. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 17.  Minnesota Statutes 2002, section 299M.03, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
        CONTRACTOR LICENSE.] Except for residential installations by the 
        owner-occupant of a one- or two-family dwelling, a person may 
        not sell, design, install, modify, or inspect a multipurpose 
        potable water piping system, its parts, or related equipment, or 
        offer to do so, unless annually licensed to perform these duties 
        as a multipurpose potable water piping system contractor.  No 
        license is required under this section for a person licensed as 
        a professional engineer under section 326.03 who is competent in 
        fire protection system design. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 18.  Minnesota Statutes 2002, section 299M.03, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [MULTIPURPOSE POTABLE WATER PIPING SYSTEM 
        INSTALLER CERTIFICATE.] Except for residential installations by 
        the owner-occupant of a one- or two-family dwelling, a person 
        may not install, connect, alter, repair, or add to a 
        multipurpose potable water piping system, unless annually 
        certified to perform these duties as a multipurpose potable 
        water piping system installer.  A multipurpose potable water 
        piping system installer certificate only allows the certificate 
        holder to work on one- and two-family residential units. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 19.  Minnesota Statutes 2002, section 299M.03, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [CERTIFICATION FEE; ANNUAL APPROPRIATION.] The 
        state fire marshal shall charge $55 to conduct and administer 
        the journeyman sprinkler fitter certification process.  Money 
        received by the state fire marshal division for the 
        administration of this program must be deposited in the state 
        treasury and credited to a state fire marshal dedicated account 
        in the special revenue fund.  All money in the state fire 
        marshal account is annually appropriated to the commissioner of 
        public safety to administer this program. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 20.  Minnesota Statutes 2002, section 299M.04, is 
        amended to read: 
           299M.04 [RULES, FEES, ORDERS, PENALTIES.] 
           The commissioner shall adopt permanent rules for operation 
        of the council; regulation by municipalities; qualifications, 
        examination, and licensing of fire protection contractors; 
        licensing of multipurpose potable water piping system 
        contractors; certification of multipurpose potable water piping 
        system installers; certification of journeyman sprinkler 
        fitters; registration of apprentices; and the administration and 
        enforcement of this chapter.  Permit fees must be a percentage 
        of the total cost of the fire protection work. 
           The commissioner may issue a cease and desist order to 
        cease an activity considered an immediate risk to public health 
        or public safety.  The commissioner shall adopt permanent rules 
        governing when an order may be issued; how long the order is 
        effective; notice requirements; and other procedures and 
        requirements necessary to implement, administer, and enforce the 
        provisions of this chapter.  
           The commissioner, in place of or in addition to licensing 
        sanctions allowed under this chapter, may impose a civil penalty 
        not greater than $1,000 for each violation of this chapter or 
        rule adopted under this chapter, for each day of violation.  The 
        commissioner shall adopt permanent rules governing and 
        establishing procedures for implementation, administration, and 
        enforcement of this paragraph.  
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 21.  Minnesota Statutes 2002, section 299M.11, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [LICENSING FEE.] A person required to be 
        licensed under section 299M.03, subdivision 1 or 1a, shall, 
        before receipt of the license and before causing fire 
        protection-related work or multipurpose potable water piping 
        system work to be performed, pay the commissioner an annual 
        license fee. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 22.  Minnesota Statutes 2002, section 299M.11, 
        subdivision 2, is amended to read: 
           Subd. 2.  [CERTIFICATION FEE.] Employees required to be 
        certified under section 299M.03, subdivision 2 or 3, shall, 
        before performing fire protection-related work or multipurpose 
        potable water piping system work, pay the commissioner an annual 
        certification fee. 
           [EFFECTIVE DATE.] This section is effective July 1, 2004. 
           Sec. 23.  Minnesota Statutes 2002, section 340A.301, is 
        amended by adding a subdivision to read: 
           Subd. 6a.  [PERMITS AND FEES.] Any person engaged in the 
        purchase, sale, or use for any purpose other than personal 
        consumption of intoxicating alcoholic beverages or ethyl alcohol 
        shall obtain the appropriate regulatory permit and 
        identification card from the commissioner as provided in this 
        subdivision.  The fee for each permit, other than one issued to 
        a state or federal agency, is $35 and must be submitted together 
        with the appropriate application form provided by the 
        commissioner.  Identification cards and permits must be issued 
        for a period coinciding with that of the appropriate state or 
        municipal license and are not transferable.  In instances where 
        there is no annual license period, cards and permits expire one 
        year after the date of issuance.  The authority to engage in the 
        purchase, sale, or use granted by the card or permit may be 
        revoked by the commissioner upon evidence of a violation by the 
        holder of such a card or permit of any of the provisions of 
        chapter 340A or any rule of the commissioner made pursuant to 
        law. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 24.  Minnesota Statutes 2002, section 609.119, is 
        amended to read: 
           609.119 [ADDITIONAL COLLECTION OF BIOLOGICAL SPECIMENS FOR 
        DNA TESTING.] 
           (a) From July 1, 2002 2003, to June 30, 2003 2005, the 
        court shall order an offender to provide a biological specimen 
        for the purpose of future DNA analysis as described in section 
        299C.155 when: 
           (1) the court sentences a person charged with committing or 
        attempting to commit a felony offense not described in section 
        609.117, subdivision 1, and the person is convicted of that 
        offense or of any felony offense arising out of the same set of 
        circumstances; or 
           (2) the juvenile court adjudicates a person a delinquent 
        child who is petitioned for committing or attempting to commit a 
        felony offense not described in section 609.117, subdivision 1, 
        and is adjudicated delinquent for that offense or any 
        felony-level offense arising out of the same set of 
        circumstances. 
        The biological specimen shall be maintained by the bureau of 
        criminal apprehension as provided in section 299C.155. 
           (b) From July 1, 2002 2003, to June 30, 2003 2005, the 
        commissioner of corrections or local corrections authority shall 
        order a person to provide a biological specimen for the purpose 
        of future DNA analysis as described in section 299C.155 before 
        completion of the person's term of imprisonment when the person 
        has not provided a biological specimen for the purpose of DNA 
        analysis, and the person: 
           (1) was initially charged with committing or attempting to 
        commit a felony offense not described in section 609.117, 
        subdivision 1, and was convicted of that offense or of any 
        felony offense arising out of the same set of circumstances; or 
           (2) is serving a term of imprisonment in this state under a 
        reciprocal agreement although convicted in another state of 
        committing or attempting to commit a felony offense not 
        described in section 609.117, subdivision 1, or of any felony 
        offense arising out of the same set of circumstances if the 
        person was initially charged with committing or attempting to 
        commit a felony offense not described in section 609.117, 
        subdivision 1.  
        The commissioner of corrections or local corrections authority 
        shall forward the sample to the bureau of criminal apprehension. 
           (c) From July 1, 2002 2003, to June 30, 2003 2005, when the 
        state accepts an offender from another state under the 
        interstate compact authorized by section 243.16 or 243.1605, the 
        acceptance is conditional on the offender providing a biological 
        specimen for the purposes of future DNA analysis as described in 
        section 299C.155, if the offender was initially charged with 
        committing or attempting to commit a felony offense not 
        described in section 609.117, subdivision 1, and was convicted 
        of that offense or of any felony offense arising out of the same 
        set of circumstances.  The specimen must be provided under 
        supervision of staff from the department of corrections or a 
        Community Corrections Act county within 15 business days after 
        the offender reports to the supervising agent.  The cost of 
        obtaining the biological specimen is the responsibility of the 
        agency providing supervision. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003 
        and applies to offenders sentenced, released from incarceration, 
        or accepted for supervision on or after that date. 
           Sec. 25.  Minnesota Statutes 2002, section 609.5312, 
        subdivision 3, is amended to read: 
           Subd. 3.  [VEHICLE FORFEITURE FOR PROSTITUTION OFFENSES.] 
        (a) A motor vehicle is subject to forfeiture under this 
        subdivision if it was used to commit or facilitate, or used 
        during the commission of, a violation of section 609.324 or a 
        violation of a local ordinance substantially similar to section 
        609.324.  A motor vehicle is subject to forfeiture under this 
        subdivision only if the offense is established by proof of a 
        criminal conviction for the offense.  Except as otherwise 
        provided in this subdivision, a forfeiture under this 
        subdivision is governed by sections 609.531, 609.5312, and 
        609.5313. 
           (b) When a motor vehicle subject to forfeiture under this 
        subdivision is seized in advance of a judicial forfeiture order, 
        a hearing before a judge or referee must be held within 96 hours 
        of the seizure.  Notice of the hearing must be given to the 
        registered owner within 48 hours of the seizure.  The 
        prosecuting authority shall certify to the court, at or in 
        advance of the hearing, that it has filed or intends to file 
        charges against the alleged violator for violating section 
        609.324 or a local ordinance substantially similar to section 
        609.324.  After conducting the hearing, the court shall order 
        that the motor vehicle be returned to the owner if:  
           (1) the prosecutor has failed to make the certification 
        required by paragraph (b); 
           (2) the owner of the motor vehicle has demonstrated to the 
        court's satisfaction that the owner has a defense to the 
        forfeiture, including but not limited to the defenses contained 
        in subdivision 2; or 
           (3) the court determines that seizure of the vehicle 
        creates or would create an undue hardship for members of the 
        owner's family. 
           (c) If the defendant is acquitted or prostitution charges 
        against the defendant are dismissed, neither the owner nor the 
        defendant is responsible for paying any costs associated with 
        the seizure or storage of the vehicle. 
           (d) A vehicle leased or rented under section 168.27, 
        subdivision 4, for a period of 180 days or less is not subject 
        to forfeiture under this subdivision. 
           (e) For purposes of this subdivision, seizure occurs either:
           (1) at the date at which personal service of process upon 
        the registered owner is made; or 
           (2) at the date when the registered owner has been notified 
        by certified mail at the address listed in the Minnesota 
        Department of Public Safety computerized motor vehicle 
        registration records. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 26.  Minnesota Statutes 2002, section 609.5312, 
        subdivision 4, is amended to read: 
           Subd. 4.  [VEHICLE FORFEITURE FOR FLEEING A PEACE OFFICER.] 
        (a) A motor vehicle is subject to forfeiture under this 
        subdivision if it was used to commit a violation of section 
        609.487 and endanger life or property.  A motor vehicle is 
        subject to forfeiture under this subdivision only if the offense 
        is established by proof of a criminal conviction for the 
        offense.  Except as otherwise provided in this subdivision, a 
        forfeiture under this subdivision is governed by sections 
        609.531, 609.5312, 609.5313, and 609.5315, subdivision 6. 
           (b) When a motor vehicle subject to forfeiture under this 
        subdivision is seized in advance of a judicial forfeiture order, 
        a hearing before a judge or referee must be held within 96 hours 
        of the seizure.  Notice of the hearing must be given to the 
        registered owner within 48 hours of the seizure.  The 
        prosecuting authority shall certify to the court, at or in 
        advance of the hearing, that it has filed or intends to file 
        charges against the alleged violator for violating section 
        609.487.  After conducting the hearing, the court shall order 
        that the motor vehicle be returned to the owner if:  
           (1) the prosecutor has failed to make the certification 
        required by this paragraph; 
           (2) the owner of the motor vehicle has demonstrated to the 
        court's satisfaction that the owner has a defense to the 
        forfeiture, including but not limited to the defenses contained 
        in subdivision 2; or 
           (3) the court determines that seizure of the vehicle 
        creates or would create an undue hardship for members of the 
        owner's family. 
           (c) If the defendant is acquitted or the charges against 
        the defendant are dismissed, neither the owner nor the defendant 
        is responsible for paying any costs associated with the seizure 
        or storage of the vehicle. 
           (d) A vehicle leased or rented under section 168.27, 
        subdivision 4, for a period of 180 days or less is not subject 
        to forfeiture under this subdivision. 
           (e) A motor vehicle that is an off-road recreational 
        vehicle as defined in section 169A.03, subdivision 16, or a 
        motorboat as defined in section 169A.03, subdivision 13, is not 
        subject to paragraph (b). 
           (f) For purposes of this subdivision, seizure occurs either:
           (1) at the date at which personal service of process upon 
        the registered owner is made; or 
           (2) at the date when the registered owner has been notified 
        by certified mail at the address listed in the Minnesota 
        Department of Public Safety computerized motor vehicle 
        registration records.  
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date.  
           Sec. 27.  [609.776] [INTERFERENCE WITH EMERGENCY 
        COMMUNICATIONS.] 
           Whoever, without prior authorization, broadcasts or 
        transmits on, interferes with, blocks, or cross-patches another 
        frequency onto a law enforcement, firefighting, emergency 
        medical services, emergency radio frequency or channel, any 
        assigned or alternate emergency frequency or channel, or an 
        official cellular telephone communication of a law enforcement 
        agency, a fire department, or emergency medical services 
        provider, knowing, or having reason to know that the act creates 
        a risk of obstructing, preventing, or misdirecting official law 
        enforcement, firefighting, or emergency medical services 
        communications, is guilty of a felony and may be sentenced to 
        imprisonment for not more than three years or to payment of a 
        fine of not more than $10,000, or both. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 28.  Minnesota Statutes 2002, section 624.22, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL REQUIREMENTS; PERMIT; 
        INVESTIGATION; FEE.] (a) Sections 624.20 to 624.25 do not 
        prohibit the supervised display of fireworks by a statutory or 
        home rule charter city, fair association, amusement park, or 
        other organization, except that: 
           (1) a fireworks display may be conducted only when 
        supervised by an operator certified by the state fire marshal; 
        and 
           (2) a fireworks display must either be given by a 
        municipality or fair association within its own limits, or by 
        any other organization, whether public or private, only after a 
        permit for the display has first been secured.  
           (b) An application for a permit for an outdoor fireworks 
        display must be made in writing to the municipal clerk at least 
        15 days in advance of the date of the display and must list the 
        name of an operator who is certified by the state fire marshal 
        and will supervise the display.  The application must be 
        promptly referred to the chief of the fire department, who shall 
        make an investigation to determine whether the operator of the 
        display is competent and is certified by the state fire marshal, 
        and whether the display is of such a character and is to be so 
        located, discharged, or fired that it will not be hazardous to 
        property or endanger any person.  The fire chief shall report 
        the results of this investigation to the clerk.  If the fire 
        chief reports that the operator is certified, that in the 
        chief's opinion the operator is competent, and that the 
        fireworks display as planned will conform to the safety 
        guidelines of the state fire marshal provided for in 
        paragraph (e) (f), the clerk shall issue a permit for the 
        display when the applicant pays a permit fee.  
           (c) When the supervised outdoor fireworks display for which 
        a permit is sought is to be held outside the limits of an 
        incorporated municipality, the application must be made to the 
        county auditor, and the auditor shall perform duties imposed by 
        sections 624.20 to 624.25 upon the clerk of the municipality.  
        When an application is made to the auditor, the county sheriff 
        shall perform the duties imposed on the fire chief of the 
        municipality by sections 624.20 to 624.25.  
           (d) An application for an indoor fireworks display permit 
        must be made in writing to the state fire marshal by the 
        operator of the facility in which the display is to occur at 
        least 15 days in advance of the date of any performance, show, 
        or event which will include the discharge of fireworks inside a 
        building or structure.  The application must list the name of an 
        operator who is certified by the state fire marshal and will 
        supervise the display.  The state fire marshal shall make an 
        investigation to determine whether the operator of the display 
        is competent and is properly certified and whether the display 
        is of such a character and is to be so located, discharged, or 
        fired that it will not be hazardous to property or endanger any 
        person.  If the state fire marshal determines that the operator 
        is certified and competent, that the indoor fireworks display as 
        planned will conform to the safety guidelines provided for in 
        paragraph (f), and that adequate notice will be given to inform 
        patrons of the indoor fireworks display, the state fire marshal 
        shall issue a permit for the display when the applicant pays an 
        indoor fireworks fee of $150 and reimburses the fire marshal for 
        costs of inspection.  Receipts from the indoor fireworks fee and 
        inspection reimbursements must be deposited in the general fund 
        as a nondedicated receipt.  The state fire marshal may issue a 
        single permit for multiple indoor fireworks displays when all of 
        the displays are to take place at the same venue as part of a 
        series of performances by the same performer or group of 
        performers.  A copy of the application must be promptly conveyed 
        to the chief of the local fire department, who shall make 
        appropriate preparations to ensure public safety in the vicinity 
        of the display.  The operator of a facility where an indoor 
        fireworks display occurs must provide notice in a prominent 
        place as approved by the state fire marshal to inform patrons 
        attending a performance when indoor fireworks will be part of 
        that performance.  The state fire marshal may grant a local fire 
        chief the authority to issue permits for indoor fireworks 
        displays.  Before issuing a permit, a local fire chief must make 
        the determinations required in this paragraph.  
           (e) After a permit has been granted under either paragraph 
        (b) or (d), sales, possession, use and distribution of fireworks 
        for a display are lawful for that purpose only.  A permit is not 
        transferable.  
           (e) (f) The state fire marshal shall adopt and disseminate 
        to political subdivisions rules establishing guidelines on 
        fireworks display safety that are consistent with sections 
        624.20 to 624.25 and the most recent editions of the Minnesota 
        Uniform Fire Code and the National Fire Protection Association 
        Standards, to insure that fireworks displays are given safely.  
        In the guidelines, the state fire marshal shall allow political 
        subdivisions to exempt the use of relatively safe fireworks for 
        theatrical special effects, ceremonial occasions, and other 
        limited purposes, as determined by the state fire marshal. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 29.  [PILOT PROJECT FOR ENHANCED COMMUNITY POLICING.] 
           Subdivision 1.  [PILOT PROJECT ESTABLISHED.] The Minnesota 
        alternative policing strategies (MAPS) program is hereby 
        established for the purpose of enhancing community policing 
        efforts throughout the state of Minnesota. 
           Subd. 2.  [GRANT PROGRAM.] The commissioner of public 
        safety shall make grants to up to six law enforcement agencies, 
        consisting of no more than two urban, two suburban, and two 
        rural law enforcement agencies, based upon applications 
        submitted by law enforcement agencies explaining how they will 
        use the grants for enhanced community policing initiatives. 
           Subd. 3.  [ELIGIBILITY FOR GRANT PROGRAM.] (a) To be 
        eligible for a grant under this program, the law enforcement 
        agency must be located in an area with a high crime rate and 
        gang, drug, or prostitution activity.  The agency also must: 
           (1) provide a detailed plan for how the agency will use the 
        grant to promote education and awareness in the community about 
        law enforcement's activities, including providing education and 
        training for both peace officers and the community on community 
        policing initiatives; 
           (2) agree to use a portion of the funding to hire 
        additional peace officers; 
           (3) agree to assign designated peace officers for a period 
        of at least one year to work exclusively in the area where the 
        enhanced community policing efforts will take place; 
           (4) provide a plan for holding community meetings at least 
        monthly with law enforcement, including the designated peace 
        officers, prosecuting authorities, judges with jurisdiction in 
        the area, and community members to further law enforcement 
        outreach efforts; and 
           (5) agree to implement a system in which the designated 
        peace officers will be responsible for as many emergency 911 
        calls in their area as reasonably possible, while relieving 
        these officers from responsibility for answering emergency 911 
        calls in other areas absent extremely urgent circumstances. 
           (b) A law enforcement agency receiving funding under 
        Minnesota Statutes, section 299A.62, the community-oriented 
        policing (COPS) program, is eligible to compete for a grant 
        under this section. 
           Subd. 4.  [REPORTS.] (a) Each law enforcement agency 
        receiving a grant under this section shall provide a written 
        report to the commissioner of public safety describing how the 
        grant was used and evaluating the effectiveness of the enhanced 
        community policing provided under this grant.  Each agency shall 
        provide its report by September 30, 2004. 
           (b) The commissioner of public safety shall report to the 
        chairs and ranking minority leaders of the house and senate 
        committees with jurisdiction over criminal justice policy and 
        funding on distribution of grants under this section.  This 
        report also shall summarize the information provided by law 
        enforcement agencies under paragraph (a).  This report shall be 
        provided by December 15, 2004.  
           Subd. 5.  [ROLE OF DEPARTMENT.] The commissioner shall 
        assist applicants seeking federal community oriented policing 
        services (COPS) grants under this section.  This assistance 
        shall include, but is not limited to, pursuing a waiver of the 
        local match requirement. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 30.  [HOTEL AND RESORT FIRE SAFETY INSPECTION FEE TASK 
        FORCE.] 
           The commissioner of public safety shall appoint a task 
        force concerning the assessment and administration of hotel and 
        resort inspection fees.  The task force may look at alternative 
        fees and payment options and report back to the chairs of the 
        house judiciary committee and the senate state government 
        operations committee on any recommendations put forth by the 
        task force by January 15, 2004.  The task force membership shall 
        consist of a representative of the state fire marshal's office, 
        a representative of the local fire marshal's, and 
        representatives of the hotel, resort, restaurant, and bed and 
        breakfast association. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 31.  [APPROPRIATION.] 
           $344,000 is appropriated from the general fund in fiscal 
        year 2003 to the commissioner of public safety for the purposes 
        of this article.  This is a onetime appropriation.  
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 32.  [REPEALER.] 
           Minnesota Statutes 2002, section 123B.73 is repealed. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 

                                   ARTICLE 5 
                         CORRECTIONS POLICY PROVISIONS
           Section 1.  Minnesota Statutes 2002, section 15A.0815, 
        subdivision 3, is amended to read: 
           Subd. 3.  [GROUP II SALARY LIMITS.] The salaries for 
        positions in this subdivision may not exceed 85 percent of the 
        salary of the governor: 
           Ombudsman for corrections; 
           Executive director of gambling control board; 
           Commissioner, iron range resources and rehabilitation 
        board; 
           Commissioner, bureau of mediation services; 
           Ombudsman for mental health and retardation; 
           Chair, metropolitan council; 
           Executive director of pari-mutuel racing; 
           Executive director, public employees retirement 
        association; 
           Commissioner, public utilities commission; 
           Executive director, state retirement system; and 
           Executive director, teachers retirement association. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 2.  Minnesota Statutes 2002, section 241.016, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ANNUAL BIENNIAL REPORT.] (a) The 
        department of corrections shall submit a performance report to 
        the chairs and ranking minority members of the senate and house 
        committees and divisions having jurisdiction over criminal 
        justice funding by January 15 of each year, 2005, and every 
        other year thereafter.  The issuance and content of the report 
        must include the following: 
           (1) department strategic mission, goals, and objectives; 
           (2) the department-wide per diem, adult facility-specific 
        per diems, and an average per diem, reported in a standard 
        calculated method as outlined in the departmental policies and 
        procedures; and 
           (3) department annual statistics as outlined in the 
        departmental policies and procedures.  
           (b) The department shall maintain recidivism rates for 
        adult facilities on an annual basis.  In addition, each year the 
        department shall, on an alternating basis, complete a recidivism 
        analysis of adult facilities, juvenile services, and the 
        community services divisions and include a three-year recidivism 
        analysis in the report described in paragraph (a).  When 
        appropriate, the recidivism analysis must include education 
        programs, vocational programs, treatment programs, industry, and 
        employment. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 3.  Minnesota Statutes 2002, section 243.48, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GENERAL SEARCHES.] The commissioner of 
        corrections, the governor, lieutenant governor, members of the 
        legislature, and state officers, and the corrections ombudsman, 
        may visit the inmates at pleasure, but no other persons without 
        permission of the chief executive officer of the facility, under 
        rules prescribed by the commissioner.  A moderate fee may be 
        required of visitors, other than those allowed to visit at 
        pleasure.  All fees so collected shall be reported and remitted 
        to the state treasurer under rules as the commissioner may deem 
        proper, and when so remitted shall be placed to the credit of 
        the general fund. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 4.  Minnesota Statutes 2002, section 243.53, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SEPARATE CELLS.] (a) When there are 
        sufficient cells available, each inmate shall be confined in a 
        separate cell.  Each inmate shall be confined in a separate cell 
        in institutions classified by the commissioner as custody level 
        five and six institutions.  This requirement does not apply to 
        the following: 
           (1) geriatric dormitory-type facilities; 
           (2) honor dormitory-type facilities; and 
           (3) any other multiple occupancy facility at a custody 
        level five or six institution that confines inmates who could be 
        confined in an institution at custody level four or lower. 
           (b) Correctional institutions classified by the 
        commissioner as custody level one, two, three, or four 
        institutions must permit multiple occupancy, except segregation 
        units, to the greatest extent possible. 
           (c) Correctional institutions classified by the 
        commissioner as custody level five must permit multiple 
        occupancy not to exceed the limits of facility infrastructure 
        and programming space. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 5.  [243.557] [INMATE MEALS.] 
           Where inmates in a state correctional facility are not 
        routinely absent from the facility for work or other purposes, 
        the commissioner must make three meals available Monday through 
        Friday, excluding holidays, and at least two meals available on 
        Saturdays, Sundays, and holidays. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 6.  [256B.0596] [MENTAL HEALTH CASE MANAGEMENT.] 
           Counties shall contract with eligible providers willing to 
        provide mental health case management services under section 
        256B.0625, subdivision 20.  In order to be eligible, in addition 
        to general provider requirements under this chapter, the 
        provider must: 
           (1) be willing to provide the mental health case management 
        services; and 
           (2) have a minimum of at least one contact with the client 
        per week. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 7.  Minnesota Statutes 2002, section 609.105, 
        subdivision 1, is amended to read: 
           Subdivision 1.  In a felony sentence to imprisonment, when 
        the remaining term of imprisonment is for more than one year 180 
        days or less, the defendant shall commit the defendant be 
        committed to the custody of the commissioner of corrections and 
        must serve the remaining term of imprisonment at a workhouse, 
        work farm, county jail, or other place authorized by law.  
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 8.  Minnesota Statutes 2002, section 609.105, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [DEFINITIONS.] (a) The terms in this subdivision 
        apply to this section. 
           (b) "Remaining term of imprisonment" as applied to inmates 
        whose crimes were committed before August 1, 1993, is the period 
        of time for which an inmate is committed to the custody of the 
        commissioner of corrections minus earned good time and jail 
        credit, if any. 
           (c) "Remaining term of imprisonment" as applied to inmates 
        whose crimes were committed on or after August 1, 1993, is the 
        period of time equal to two-thirds of the inmate's executed 
        sentence, minus jail credit, if any. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 9.  Minnesota Statutes 2002, section 609.105, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [SENTENCE TO MORE THAN 180 DAYS.] A felony 
        sentence to imprisonment when the warrant of commitment has a 
        remaining term of imprisonment for more than 180 days shall 
        commit the defendant to the custody of the commissioner of 
        corrections. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 10.  [609.1055] [OFFENDERS WITH SERIOUS AND PERSISTENT 
        MENTAL ILLNESS; ALTERNATIVE PLACEMENT.] 
           When a court intends to commit an offender with a serious 
        and persistent mental illness, as defined in section 245.462, 
        subdivision 20, paragraph (c), to the custody of the 
        commissioner of corrections for imprisonment at a state 
        correctional facility, either when initially pronouncing a 
        sentence or when revoking an offender's probation, the court, 
        when consistent with public safety, may instead place the 
        offender on probation or continue the offender's probation and 
        require as a condition of the probation that the offender 
        successfully complete an appropriate supervised alternative 
        living program having a mental health treatment component.  This 
        section applies only to offenders who would have a remaining 
        term of imprisonment after adjusting for credit for prior 
        imprisonment, if any, of more than one year. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 11.  Minnesota Statutes 2002, section 609.145, is 
        amended by adding a subdivision to read: 
           Subd. 3.  [CREDIT.] When a person is to be committed to the 
        commissioner, the person's probation officer must provide to the 
        court, prior to the sentencing hearing, the amount of time the 
        person has in credit for prior imprisonment.  The court must 
        pronounce credit for prior imprisonment at the time of 
        sentencing. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 12.  Minnesota Statutes 2002, section 641.14, is 
        amended to read: 
           641.14 [JAILS; SEPARATION OF PRISONERS.] 
           The sheriff of each county is responsible for the operation 
        and condition of the jail.  If construction of the jail permits, 
        the sheriff may permit multiple occupancy but the sheriff shall 
        maintain strict separation of prisoners to the extent that 
        separation is consistent with prisoners' security, safety, 
        health, and welfare.  The sheriff shall not keep in the same 
        room or section of the jail: 
           (1) a minor under 18 years old and a prisoner who is 18 
        years old or older, unless: 
           (i) the minor has been committed to the commissioner of 
        corrections under section 609.105; 
           (ii) the minor has been referred for adult prosecution and 
        the prosecuting authority has filed a notice of intent to 
        prosecute the matter for which the minor is being held under 
        section 260B.125; or 
           (iii) the minor is 16 or 17 years old and has been indicted 
        for murder in the first degree; 
           (2) a female prisoner and a male prisoner; and 
           (3) a minor under 18 years old and an extended jurisdiction 
        juvenile 18 years old or older who is alleged to have violated 
        the conditions of the stay of execution. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 13.  Minnesota Statutes 2002, section 641.263, is 
        amended by adding a subdivision to read: 
           Subd. 5.  [MULTIPLE OCCUPANCY CELLS.] If construction of 
        the jail permits, the board may, by resolution, authorize 
        multiple occupancy, but the superintendent must maintain strict 
        separation of prisoners to the extent that separation is 
        necessary to ensure prisoners' security, safety, health, and 
        welfare. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 14.  [ALTERNATIVE LIVING PROGRAMS FOR CERTAIN 
        OFFENDERS WITH MENTAL ILLNESS.] 
           The commissioner of corrections shall cooperate with 
        nonprofit entities to establish supervised alternative living 
        programs for offenders with serious and persistent mental 
        illness, as defined in Minnesota Statutes, section 245.462, 
        subdivision 20, paragraph (c).  Each program must be structured 
        to accommodate between eight and 13 offenders who are required 
        to successfully complete the program as a condition of probation.
        Each program must provide a residential component and include 
        mental health treatment and counseling, living and employment 
        skills development, and supported employment.  Program directors 
        shall report program violations by participating offenders to 
        the offender's correctional agent. 
           By January 15, 2006, the commissioners of corrections and 
        human services shall evaluate the alternative placements 
        provided to offenders with mental illness under Minnesota 
        Statutes, section 609.1055.  The evaluation shall address the 
        following issues:  number of offenders who obtain and maintain 
        employment in the community, number sentenced to prison, costs, 
        and other issues deemed appropriate by the commissioners.  The 
        commissioners shall identify barriers to successful 
        implementation and recommend any legislative changes needed.  
        The evaluation and other information required under this section 
        must be provided to the chairs of the house of representatives 
        and senate finance and policy committees having jurisdiction 
        over corrections and human services issues by the date specified 
        in this section.  
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 15.  [RULE 36, MINNESOTA RULES, PARTS 9520.0500 TO 
        9520.0690, LICENSURE FOR ALTERNATIVE LIVING PROGRAMS FOR CERTAIN 
        OFFENDERS WITH MENTAL ILLNESS.] 
           The commissioner of human services shall approve additional 
        Rule 36 licenses in order to accommodate alternative living 
        programs for certain offenders with mental illness if: 
           (1) the provider meets applicable licensing standards; and 
           (2) additional Rule 36 programs are necessary to meet the 
        demand for alternative living programs for certain offenders 
        with mental illness. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 16.  [FINANCING FOR RULE 36 PROGRAMS FOR ALTERNATIVE 
        LIVING PROGRAMS FOR CERTAIN OFFENDERS WITH MENTAL ILLNESS.] 
           Applicants for licensure of a Rule 36 program to provide an 
        alternative living program for certain offenders with mental 
        illness must be given special consideration and priority from 
        the Minnesota housing finance agency, as allowed, in order to 
        secure home loans for an alternative living program for certain 
        offenders with mental illness. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 17.  [CORRECTIONS OMBUDSMAN DATA.] 
           Prior to July 1, 2003, the corrections ombudsman must 
        arrange for and cooperate in the transfer or other disposition 
        of the ombudsman's data and the government records, as defined 
        in Minnesota Statutes, section 138.17, subdivision 1, as 
        directed or provided under Minnesota Statutes, sections 138.161 
        to 138.25. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 18.  [REPEALER.] 
           Laws 2002, chapter 220, article 6, section 6, is repealed. 
           Minnesota Statutes 2002, sections 13.855; 241.41; 241.42; 
        241.43; 241.44; 241.441; and 241.45, are repealed. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 

                                   ARTICLE 6 
                                   PROBATION
           Section 1.  [244.196] [DEFINITIONS.] 
           Subdivision 1.  [DEFINITIONS.] As used in sections 244.196 
        to 244.199, the following terms have the meanings given them. 
           Subd. 2.  [PROBATION.] "Probation" has the meaning given in 
        section 609.02, subdivision 15. 
           Subd. 3.  [PROBATION VIOLATION SANCTION.] "Probation 
        violation sanction" includes, but is not limited to, electronic 
        monitoring, intensive probation, sentencing to service, 
        reporting to a day reporting center, chemical dependency or 
        mental health treatment or counseling, community work service, 
        remote electronic alcohol monitoring, random drug testing, and 
        participation in an educational or restorative justice program. 
        A probation violation sanction does not include any type of 
        custodial sanction, including, but not limited to, detention and 
        incarceration. 
           Subd. 4.  [SANCTIONS CONFERENCE.] "Sanctions conference" 
        means a voluntary conference at which the county probation 
        officer, offender, and, if appropriate, other interested parties 
        meet to discuss the probation violation sanction for the 
        offender's technical violation of probation. 
           Subd. 5.  [SANCTIONS CONFERENCE FORM.] "Sanctions 
        conference form" means a form developed by the chief executive 
        officer of a local corrections agency with the approval of the 
        district court that explains the sanctions conference and the 
        offender's option to elect to participate in the sanctions 
        conference or to proceed to a judicial hearing. 
           Subd. 6.  [TECHNICAL VIOLATION.] "Technical violation" 
        means any violation of a court order of probation, except an 
        allegation of a subsequent criminal act that is alleged in a 
        formal complaint, citation, or petition. 
           Sec. 2.  [244.197] [INITIATION OF SANCTIONS CONFERENCE.] 
           Subdivision 1.  [AUTHORITY.] Unless the district court 
        directs otherwise, a probation agency may use a sanctions 
        conference to address an offender's technical violation of 
        probation. 
           Subd. 2.  [NOTICE OF VIOLATION.] When a probation agency 
        has reason to believe that an offender has committed a technical 
        violation of probation, the agency shall notify the offender in 
        writing of the specific nature of the technical violation and 
        the scheduling of a sanctions conference, including the date, 
        time, and location of the sanctions conference.  The notice 
        shall also state that if the offender fails to appear at the 
        sanctions conference, the probation agency may apprehend and 
        detain the offender under section 244.195 and ask the court to 
        commence revocation proceedings under section 609.14 and rule 
        27.04 of the Rules of Criminal Procedure.  To the extent 
        feasible, the sanctions conference must take place within seven 
        days of mailing of the notice to the offender. 
           Subd. 3.  [SANCTIONS CONFERENCE.] At the sanctions 
        conference, the county probation officer shall provide the 
        offender with a copy of a sanctions conference form explaining 
        the sanctions conference and the offender's options for 
        proceeding.  The offender must stipulate, in writing, that the 
        offender has received a copy of the sanctions conference form 
        and that the offender understands the information contained in 
        the form and the options available to the offender.  The 
        offender also must declare, in writing, the offender's decision 
        to either participate in the sanctions conference or proceed 
        with a judicial hearing. 
           Sec. 3.  [244.198] [PARTICIPATION IN SANCTIONS CONFERENCE.] 
           Subdivision 1.  [ELECTION TO PARTICIPATE.] If the offender 
        elects to participate in the sanctions conference, the county 
        probation officer shall inform the offender, orally and in 
        writing, of the probation violation sanction that the county 
        probation officer is recommending for the technical violation of 
        probation.  The county probation officer shall inform the 
        offender that the probation violation sanction becomes effective 
        upon confirmation by a judge of the district court. 
           Subd. 2.  [REPORT TO DISTRICT COURT.] If the offender 
        elects to participate in the sanctions conference, the county 
        probation officer conducting the sanctions conference shall 
        provide a report to the district court containing: 
           (1) the specific nature of the technical violation of 
        probation; 
           (2) the notice provided to the offender of the technical 
        violation of probation and the scheduling of the sanctions 
        conference; 
           (3) a copy of the offender's signed stipulation indicating 
        that the offender received a copy of the sanctions conference 
        form and understood it; 
           (4) a copy of the offender's written declaration to 
        participate in the sanctions conference; and 
           (5) the recommended probation violation sanction. 
        The recommended probation violation sanction becomes effective 
        when confirmed by a judge.  The order of the court shall be 
        proof of such confirmation. 
           Subd. 3.  [RESPONSE TO DISTRICT COURT ACTION.] (a) Upon the 
        county probation officer's receipt of a confirmed order by the 
        judge, the county probation officer shall notify the offender 
        and the prosecuting authority in writing that the probation 
        violation sanction has been approved by the court. 
           (b) If the court does not confirm the recommendation of the 
        county probation officer, the probation violation sanction shall 
        not go into effect.  The county probation officer shall notify 
        the offender that the court has not confirmed the sanction. 
           (c) If the court does not confirm the recommendation, the 
        county probation officer may ask the court to commence 
        revocation proceedings under section 609.14. 
           Subd. 4.  [APPEAL.] An offender may appeal the judge's 
        confirmation of the probation violation sanction as provided in 
        rule 28.05 of the Rules of Criminal Procedure. 
           Sec. 4.  [244.199] [ELECTION NOT TO PARTICIPATE.] 
           If the offender elects not to participate in the sanctions 
        conference, the county probation officer may ask the court to 
        initiate revocation proceedings or refer the matter to the 
        appropriate prosecuting authority for action under section 
        609.14.  The county probation officer also may take action to 
        apprehend and detain the offender under section 244.195. 
           Sec. 5.  Minnesota Statutes 2002, section 609.135, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TERMS AND CONDITIONS.] (a) Except when a 
        sentence of life imprisonment is required by law, or when a 
        mandatory minimum sentence is required by section 609.11, any 
        court may stay imposition or execution of sentence and: 
           (1) may order intermediate sanctions without placing the 
        defendant on probation; or 
           (2) may place the defendant on probation with or without 
        supervision and on the terms the court prescribes, including 
        intermediate sanctions when practicable.  The court may order 
        the supervision to be under the probation officer of the court, 
        or, if there is none and the conviction is for a felony or gross 
        misdemeanor, by the commissioner of corrections, or in any case 
        by some other suitable and consenting person.  Unless the court 
        directs otherwise, state parole and probation agents and 
        probation officers may impose community work service for an 
        offender's or probation violation sanctions, consistent with 
        section 243.05, subdivision 1; 244.19, subdivision 3a sections 
        244.196 to 244.199; or 401.02, subdivision 5. 
           No intermediate sanction may be ordered performed at a 
        location that fails to observe applicable requirements or 
        standards of chapter 181A or 182, or any rule promulgated under 
        them.  
           (b) For purposes of this subdivision, subdivision 6, and 
        section 609.14, the term "intermediate sanctions" includes but 
        is not limited to incarceration in a local jail or workhouse, 
        home detention, electronic monitoring, intensive probation, 
        sentencing to service, reporting to a day reporting center, 
        chemical dependency or mental health treatment or counseling, 
        restitution, fines, day-fines, community work service, work 
        service in a restorative justice program, work in lieu of or to 
        work off fines and, with the victim's consent, work in lieu of 
        or to work off restitution.  
           (c) A court may not stay the revocation of the driver's 
        license of a person convicted of violating the provisions of 
        section 169A.20. 
           Sec. 6.  [244.1995] [SANCTIONS CONFERENCE PROCEDURES.] 
           The chief executive officer of a local corrections agency, 
        with approval of the district court, shall develop procedures 
        for the sanctions conference identified in 
        sections 244.196 to 244.199, and develop a sanctions conference 
        form that includes notice to the offender: 
           (1) of the specific court-ordered condition of release that 
        the offender has allegedly violated, the probation officer's 
        authority to ask the court to revoke the offender's probation 
        for the technical violation, and the offender's right to elect 
        to participate in a sanctions conference to address the 
        technical violation in lieu of the probation officer asking the 
        court to revoke the offender's probation; 
           (2) that participation in the sanctions conference is in 
        lieu of a court hearing under section 
        609.14, and that, if the offender elects to participate in the 
        sanctions conference, the offender must admit, or agree not to 
        contest, the alleged technical violation and must waive the 
        right to contest the violation at a judicial hearing, present 
        evidence, call witnesses, cross-examine the state's witnesses, 
        and be represented by counsel; 
           (3) that, if the offender chooses, the offender has a right 
        to a hearing before the court under section 
        609.14, for a determination of whether the offender committed 
        the alleged violation, including the right to be present at the 
        hearing, to cross-examine witnesses, to have witnesses 
        subpoenaed for the offender, to have an attorney present or to 
        have an attorney appointed if the offender cannot afford one, 
        and to require the state to prove the allegations against the 
        offender; 
           (4) that if, after a hearing, the court finds the 
        violations have been proven, the court may continue the 
        sentence, subject to the same, modified, or additional 
        conditions, or order a sanction that may include incarceration, 
        additional fines, revocation of the stay of sentence, imposition 
        of sentence, or other sanctions; 
           (5) that the decision to participate in the sanctions 
        conference will not result in the probation officer recommending 
        revocation of the offender's stay of sentence, unless the 
        offender fails to successfully complete the probation violation 
        sanction; 
           (6) that various types of probation violation sanctions may 
        be imposed and that the probation violation sanctions imposed on 
        the offender will depend on the nature of the technical 
        violation, the offender's criminal history, and the offender's 
        level of supervision; 
           (7) that the probation violation sanctions supplement any 
        existing conditions of release; and 
           (8) that participation in the sanctions conference requires 
        completion of all probation violation sanctions imposed by the 
        probation agency, and that failure to successfully complete the 
        imposed probation violation sanctions could result in additional 
        sanctions or the commencement of revocation proceedings under 
        section 609.14. 
           Sec. 7.  [REPEALER.] 
           Minnesota Statutes 2002, section 244.19, subdivision 3a, is 
        repealed.  
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 7 are effective August 1, 2003, and apply to 
        technical violations of probation that occur on or after that 
        date. 

                                   ARTICLE 7 
                              JUVENILE LAW POLICY 
           Section 1.  Minnesota Statutes 2002, section 260B.105, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [VENUE.] Except where otherwise provided, 
        venue for any proceedings under section 260B.101 shall be in the 
        county where the child is found, or the county of the child's 
        residence.  If delinquency, a juvenile petty offense, or a 
        juvenile traffic offense is alleged, proceedings shall be 
        brought in the county of residence or the county where the 
        alleged delinquency, juvenile petty offense, or juvenile traffic 
        offense occurred.  
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to offenses committed on or after that date. 
           Sec. 2.  Minnesota Statutes 2002, section 260B.105, 
        subdivision 2, is amended to read: 
           Subd. 2.  [TRANSFER.] The judge of the juvenile court may 
        transfer any proceedings brought under section 260B.101, to the 
        juvenile court of a county having venue as provided in 
        subdivision 1, at any stage of the proceedings and in the 
        following manner.  When it appears that the best interests of 
        the child, society, or the convenience of proceedings will be 
        served by a transfer, the court may transfer the case to the 
        juvenile court of the county of the child's residence.  With the 
        consent of the receiving court, the court may also transfer the 
        case to the juvenile court of the county where the child is 
        found or,.  If delinquency, a juvenile petty offense, or a 
        juvenile traffic offense is alleged, to the county where the 
        alleged delinquency, juvenile petty offense, or juvenile traffic 
        offense occurred the court shall first hear the case and then 
        may transfer the case to the juvenile court of the county of the 
        child's residence for disposition after a finding or admission 
        of guilt.  The court transfers the case by ordering a 
        continuance and by forwarding to the court administrator of the 
        appropriate juvenile court a certified copy of all papers filed, 
        together with an order of transfer.  The judge of the receiving 
        court may accept the findings of the transferring court or may 
        direct the filing of a new petition or notice under section 
        260B.007, subdivision 18, or 260B.143 and hear the case anew.  
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to offenses committed on or after that date. 
           Sec. 3.  Minnesota Statutes 2002, section 260B.143, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [NOTICE.] When a peace officer has probable 
        cause to believe that a child: 
           (1) is a juvenile petty offender; or 
           (2) has committed a delinquent act that would be a petty 
        misdemeanor or misdemeanor if committed by an adult, 
        the officer may issue a notice to the child to appear in 
        juvenile court in the county in which the child is found or in 
        the county of the child's residence or, in the case of a 
        juvenile petty offense, or a petty misdemeanor or misdemeanor 
        delinquent act, the county in which the offense was committed is 
        alleged to have committed the offense.  The officer shall file a 
        copy of the notice to appear with the juvenile court of the 
        appropriate county.  If a child fails to appear in response to 
        the notice, the court may issue a summons notifying the child of 
        the nature of the offense alleged and the time and place set for 
        the hearing.  If the peace officer finds it necessary to take 
        the child into custody, sections 260B.175 and 260B.176 shall 
        apply. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to offenses committed on or after that date. 
           Sec. 4.  Minnesota Statutes 2002, section 260C.163, 
        subdivision 5, is amended to read: 
           Subd. 5.  [GUARDIAN AD LITEM.] (a) The court shall appoint 
        a guardian ad litem to protect the interests of the minor when 
        it appears, at any stage of the proceedings, that the minor is 
        without a parent or guardian, or that the minor's parent is a 
        minor or incompetent, or that the parent or guardian is 
        indifferent or hostile to the minor's interests, and in every 
        proceeding alleging a child's need for protection or services 
        under section 260C.007, subdivision 6, except proceedings where 
        the sole allegation is that the child is a runaway or habitual 
        truant.  In any other case the court may appoint a guardian ad 
        litem to protect the interests of the minor when the court feels 
        that such an appointment is desirable.  The court shall appoint 
        the guardian ad litem on its own motion or in the manner 
        provided for the appointment of a guardian ad litem in the 
        district court.  The court may appoint separate counsel for the 
        guardian ad litem if necessary.  
           (b) A guardian ad litem shall carry out the following 
        responsibilities: 
           (1) conduct an independent investigation to determine the 
        facts relevant to the situation of the child and the family, 
        which must include, unless specifically excluded by the court, 
        reviewing relevant documents; meeting with and observing the 
        child in the home setting and considering the child's wishes, as 
        appropriate; and interviewing parents, caregivers, and others 
        with knowledge relevant to the case; 
           (2) advocate for the child's best interests by 
        participating in appropriate aspects of the case and advocating 
        for appropriate community services when necessary; 
           (3) maintain the confidentiality of information related to 
        a case, with the exception of sharing information as permitted 
        by law to promote cooperative solutions that are in the best 
        interests of the child; 
           (4) monitor the child's best interests throughout the 
        judicial proceeding; and 
           (5) present written reports on the child's best interests 
        that include conclusions and recommendations and the facts upon 
        which they are based. 
           (c) Except in cases where the child is alleged to have been 
        abused or neglected, the court may waive the appointment of a 
        guardian ad litem pursuant to clause (a), whenever counsel has 
        been appointed pursuant to subdivision 2 or is retained 
        otherwise, and the court is satisfied that the interests of the 
        minor are protected. 
           (d) In appointing a guardian ad litem pursuant to clause 
        (a), the court shall not appoint the party, or any agent or 
        employee thereof, filing a petition pursuant to section 260C.141.
           (e) The following factors shall be considered when 
        appointing a guardian ad litem in a case involving an Indian or 
        minority child: 
           (1) whether a person is available who is the same racial or 
        ethnic heritage as the child or, if that is not possible; 
           (2) whether a person is available who knows and appreciates 
        the child's racial or ethnic heritage. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to offenses committed on or after that date. 

                                   ARTICLE 8 
                                CRIMINAL JUSTICE 
           Section 1.  Minnesota Statutes 2002, section 16A.151, 
        subdivision 2, is amended to read: 
           Subd. 2.  [EXCEPTIONS.] (a) If a state official litigates 
        or settles a matter on behalf of specific injured persons or 
        entities, this section does not prohibit distribution of money 
        to the specific injured persons or entities on whose behalf the 
        litigation or settlement efforts were initiated.  If money 
        recovered on behalf of injured persons or entities cannot 
        reasonably be distributed to those persons or entities because 
        they cannot readily be located or identified or because the cost 
        of distributing the money would outweigh the benefit to the 
        persons or entities, the money must be paid into the general 
        fund.  
           (b) Money recovered on behalf of a fund in the state 
        treasury other than the general fund may be deposited in that 
        fund. 
           (c) This section does not prohibit a state official from 
        distributing money to a person or entity other than the state in 
        litigation or potential litigation in which the state is a 
        defendant or potential defendant. 
           (d) State agencies may accept funds as directed by a 
        federal court for any restitution or monetary penalty under 
        United States Code, title 18, section 3663(a)(3) or United 
        States Code, title 18, section 3663A(a)(3).  Funds received must 
        be deposited in a special revenue account and are appropriated 
        to the commissioner of the agency for the purpose as directed by 
        the federal court. 
           Sec. 2.  Minnesota Statutes 2002, section 152.021, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [MANUFACTURE CRIMES.] (a) Notwithstanding 
        subdivision 1, sections 152.022, subdivision 1, 152.023, 
        subdivision 1, and 152.024, subdivision 1, a person is guilty of 
        controlled substance crime in the first degree if the person 
        manufactures any amount of methamphetamine. 
           (b) Notwithstanding paragraph (a) and section 609.17, a 
        person is guilty of attempted manufacture of methamphetamine if 
        the person possesses any chemical reagents or precursors with 
        the intent to manufacture methamphetamine.  As used in this 
        section, "chemical reagents or precursors" refers to one or more 
        of the following substances, or their salts, isomers, and salts 
        of isomers: 
           (1) ephedrine; 
           (2) pseudoephedrine; 
           (3) phenyl-2-propanone; 
           (4) phenylacetone; 
           (5) anhydrous ammonia, as defined in section 18C.005, 
        subdivision 1a; 
           (6) organic solvents; 
           (7) hydrochloric acid; 
           (8) lithium metal; 
           (9) sodium metal; 
           (10) ether; 
           (11) sulfuric acid; 
           (12) red phosphorus; 
           (13) iodine; 
           (14) sodium hydroxide; 
           (15) benzaldehyde; 
           (16) benzyl methyl ketone; 
           (17) benzyl cyanide; 
           (18) nitroethane; 
           (19) methylamine; 
           (20) phenylacetic acid; 
           (21) hydriodic acid; or 
           (22) hydriotic acid. 
           [EFFECTIVE DATE.] This section is effective for crimes 
        committed on or after August 1, 2003. 
           Sec. 3.  Minnesota Statutes 2002, section 152.021, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTY.] (a) A person convicted under 
        subdivisions 1 to 2a, paragraph (a), may be sentenced to 
        imprisonment for not more than 30 years or to payment of a fine 
        of not more than $1,000,000, or both; a person convicted under 
        subdivision 2a, paragraph (b), may be sentenced to imprisonment 
        for not more than three years or to payment of a fine of not 
        more than $5,000, or both. 
           (b) If the conviction is a subsequent controlled substance 
        conviction, a person convicted under subdivisions 1 to 2a, 
        paragraph (a), shall be committed to the commissioner of 
        corrections for not less than four years nor more than 40 years 
        and, in addition, may be sentenced to payment of a fine of not 
        more than $1,000,000; a person convicted under subdivision 2a, 
        paragraph (b), may be sentenced to imprisonment for not more 
        than four years or to payment of a fine of not more than $5,000, 
        or both.  
           (c) In a prosecution under subdivision 1 involving sales by 
        the same person in two or more counties within a 90-day period, 
        the person may be prosecuted for all of the sales in any county 
        in which one of the sales occurred.  
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 4.  Minnesota Statutes 2002, section 243.166, 
        subdivision 3, is amended to read: 
           Subd. 3.  [REGISTRATION PROCEDURE.] (a) A person required 
        to register under this section shall register with the 
        corrections agent as soon as the agent is assigned to the 
        person.  If the person does not have an assigned corrections 
        agent or is unable to locate the assigned corrections agent, the 
        person shall register with the law enforcement agency that has 
        jurisdiction in the area of the person's residence. 
           (b) At least five days before the person starts living at a 
        new primary address, including living in another state, the 
        person shall give written notice of the new primary living 
        address to the assigned corrections agent or to the law 
        enforcement authority with which the person currently is 
        registered.  If the person will be living in a new state and 
        that state has a registration requirement, the person shall also 
        give written notice of the new address to the designated 
        registration agency in the new state.  A person required to 
        register under this section shall also give written notice to 
        the assigned corrections agent or to the law enforcement 
        authority that has jurisdiction in the area of the person's 
        residence that the person is no longer living or staying at an 
        address, immediately after the person is no longer living or 
        staying at that address.  The corrections agent or law 
        enforcement authority shall, within two business days after 
        receipt of this information, forward it to the bureau of 
        criminal apprehension.  The bureau of criminal apprehension 
        shall, if it has not already been done, notify the law 
        enforcement authority having primary jurisdiction in the 
        community where the person will live of the new address.  If the 
        person is leaving the state, the bureau of criminal apprehension 
        shall notify the registration authority in the new state of the 
        new address.  If the person's obligation to register arose under 
        subdivision 1, paragraph (b), the person's registration 
        requirements under this section terminate when the person begins 
        living in the new state. 
           (c) A person required to register under subdivision 1, 
        paragraph (b), because the person is working or attending school 
        in Minnesota shall register with the law enforcement agency that 
        has jurisdiction in the area where the person works or attends 
        school.  In addition to other information required by this 
        section, the person shall provide the address of the school or 
        of the location where the person is employed.  A person must 
        comply with this paragraph within five days of beginning 
        employment or school.  A person's obligation to register under 
        this paragraph terminates when the person is no longer working 
        or attending school in Minnesota. 
           (d) A person required to register under this section who 
        works or attends school outside of Minnesota shall register as a 
        predatory offender in the state where the person works or 
        attends school.  The person's corrections agent, or if the 
        person does not have an assigned corrections agent, the law 
        enforcement authority that has jurisdiction in the area of the 
        person's residence shall notify the person of this requirement. 
           [EFFECTIVE DATE.] Section 4 is effective July 1, 2003, and 
        applies to persons released from confinement, sentenced, subject 
        to registration, or who commit offenses on or after that date. 
           Sec. 5.  Minnesota Statutes 2002, section 243.166, 
        subdivision 4a, is amended to read: 
           Subd. 4a.  [INFORMATION REQUIRED TO BE PROVIDED.] (a) A 
        person required to register under this section shall provide to 
        the corrections agent or law enforcement authority the following 
        information: 
           (1) the address of the person's primary residence; 
           (2) the addresses of all the person's secondary residences 
        in Minnesota, including all addresses used for residential or 
        recreational purposes; 
           (3) the addresses of all Minnesota property owned, leased, 
        or rented by the person; 
           (4) the addresses of all locations where the person is 
        employed; 
           (5) the addresses of all residences where the person 
        resides while attending school; and 
           (6) the year, model, make, license plate number, and color 
        of all motor vehicles owned or regularly driven by the person.  
        "Motor vehicle" has the meaning given "vehicle" in section 
        169.01, subdivision 2. 
           (b) The person shall report to the agent or authority the 
        information required to be provided under paragraph (a), clauses 
        (2) to (6), within five days of the date the clause becomes 
        applicable.  If because of a change in circumstances a clause 
        any information reported under clauses (1) to (6) no longer 
        applies to previously reported information, the person shall 
        immediately inform the agent or authority that the information 
        is no longer valid. 
           [EFFECTIVE DATE.] Section 5 is effective July 1, 2003, and 
        applies to persons released from confinement, sentenced, subject 
        to registration, or who commit offenses on or after that date. 
           Sec. 6.  Minnesota Statutes 2002, section 357.021, 
        subdivision 6, is amended to read: 
           Subd. 6.  [SURCHARGES ON CRIMINAL AND TRAFFIC OFFENDERS.] 
        (a) The court shall impose and the court administrator shall 
        collect a $35 $60 surcharge on every person convicted of any 
        felony, gross misdemeanor, misdemeanor, or petty misdemeanor 
        offense, other than a violation of a law or ordinance relating 
        to vehicle parking, for which there shall be a $3 surcharge.  
        The surcharge shall be imposed whether or not the person is 
        sentenced to imprisonment or the sentence is stayed.  
           (b) If the court fails to impose a surcharge as required by 
        this subdivision, the court administrator shall show the 
        imposition of the surcharge, collect the surcharge and correct 
        the record. 
           (c) The court may not waive payment of the surcharge 
        required under this subdivision.  Upon a showing of indigency or 
        undue hardship upon the convicted person or the convicted 
        person's immediate family, the sentencing court may authorize 
        payment of the surcharge in installments. 
           (d) The court administrator or other entity collecting a 
        surcharge shall forward it to the state treasurer. 
           (e) If the convicted person is sentenced to imprisonment 
        and has not paid the surcharge before the term of imprisonment 
        begins, the chief executive officer of the correctional facility 
        in which the convicted person is incarcerated shall collect the 
        surcharge from any earnings the inmate accrues from work 
        performed in the facility or while on conditional release.  The 
        chief executive officer shall forward the amount collected to 
        the state treasurer. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 7.  Minnesota Statutes 2002, section 357.021, 
        subdivision 7, is amended to read: 
           Subd. 7.  [DISBURSEMENT OF SURCHARGES BY STATE TREASURER.] 
        (a) Except as provided in paragraphs (b) and (c), the state 
        treasurer shall disburse surcharges received under subdivision 6 
        and section 97A.065, subdivision 2, as follows: 
           (1) one percent shall be credited to the game and fish fund 
        to provide peace officer training for employees of the 
        department of natural resources who are licensed under sections 
        626.84 to 626.863, and who possess peace officer authority for 
        the purpose of enforcing game and fish laws; 
           (2) 39 percent shall be credited to the peace officers 
        training account in the special revenue fund; and 
           (3) 60 percent shall be credited to the general fund.  
           (b) The state treasurer shall credit $3 of each surcharge 
        received under subdivision 6 and section 97A.065, subdivision 2, 
        to a criminal justice special projects account in the special 
        revenue fund.  This account is available for appropriation to 
        the commissioner of public safety for grants to law enforcement 
        agencies and for other purposes authorized by the 
        legislature the general fund. 
           (c) In addition to any amounts credited under paragraph 
        (a), the state treasurer shall credit $7 $32 of each surcharge 
        received under subdivision 6 and section 97A.065, subdivision 2, 
        and the $3 parking surcharge, to the general fund. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 8.  Minnesota Statutes 2002, section 609.2231, is 
        amended by adding a subdivision to read: 
           Subd. 7.  [COMMUNITY CRIME PREVENTION GROUP MEMBERS.] (a) A 
        person is guilty of a gross misdemeanor who: 
           (1) assaults a community crime prevention group member 
        while the member is engaged in neighborhood patrol; 
           (2) should reasonably know that the victim is a community 
        crime prevention group member engaged in neighborhood patrol; 
        and 
           (3) inflicts demonstrable bodily harm. 
           (b) As used in this subdivision, "community crime 
        prevention group" means a community group focused on community 
        safety and crime prevention that: 
           (1) is organized for the purpose of discussing community 
        safety and patrolling community neighborhoods for criminal 
        activity; 
           (2) is designated and trained by the local law enforcement 
        agency as a community crime prevention group; or 
           (3) interacts with local law enforcement regarding 
        community safety issues. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment and applies to crimes committed on or 
        after that date. 
           Sec. 9.  Minnesota Statutes 2002, section 609.527, 
        subdivision 3, is amended to read: 
           Subd. 3.  [PENALTIES.] A person who violates subdivision 2 
        may be sentenced as follows: 
           (1) if the offense involves a single direct victim and the 
        total, combined loss to the direct victim and any indirect 
        victims is $250 or less, the person may be sentenced as provided 
        in section 609.52, subdivision 3, clause (5); 
           (2) if the offense involves a single direct victim and the 
        total, combined loss to the direct victim and any indirect 
        victims is more than $250 but not more than $500, the person may 
        be sentenced as provided in section 609.52, subdivision 3, 
        clause (4); 
           (3) if the offense involves two or three direct victims or 
        the total, combined loss to the direct and indirect victims is 
        more than $500 but not more than $2,500, the person may be 
        sentenced as provided in section 609.52, subdivision 3, clause 
        (3); and 
           (4) if the offense involves four or more than three but not 
        more than seven direct victims, or if the total, combined loss 
        to the direct and indirect victims is more than $2,500, the 
        person may be sentenced as provided in section 609.52, 
        subdivision 3, clause (2); and 
           (5) if the offense involves eight or more direct victims, 
        or if the total, combined loss to the direct and indirect 
        victims is more than $35,000, the person may be sentenced as 
        provided in section 609.52, subdivision 3, clause (1). 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 10.  Minnesota Statutes 2002, section 609.66, 
        subdivision 1a, is amended to read: 
           Subd. 1a.  [FELONY CRIMES; SILENCERS PROHIBITED; RECKLESS 
        DISCHARGE.] (a) Except as otherwise provided in subdivision 1h, 
        whoever does any of the following is guilty of a felony and may 
        be sentenced as provided in paragraph (b): 
           (1) sells or has in possession any device designed to 
        silence or muffle the discharge of a firearm; 
           (2) intentionally discharges a firearm under circumstances 
        that endanger the safety of another; or 
           (3) recklessly discharges a firearm within a municipality. 
           (b) A person convicted under paragraph (a) may be sentenced 
        as follows: 
           (1) if the act was a violation of paragraph (a), clause 
        (2), or if the act was a violation of paragraph (a), clause (1) 
        or (3), and was committed in a public housing zone, as defined 
        in section 152.01, subdivision 19, a school zone, as defined in 
        section 152.01, subdivision 14a, or a park zone, as defined in 
        section 152.01, subdivision 12a, to imprisonment for not more 
        than five years or to payment of a fine of not more than 
        $10,000, or both; or 
           (2) otherwise, to imprisonment for not more than two years 
        or to payment of a fine of not more than $5,000, or both. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 11.  Minnesota Statutes 2002, section 609.66, is 
        amended by adding a subdivision to read: 
           Subd. 1h.  [SILENCERS; AUTHORIZED FOR LAW ENFORCEMENT 
        PURPOSES.] Notwithstanding subdivision 1a, paragraph (a), clause 
        (1), licensed peace officers may use devices designed to silence 
        or muffle the discharge of a firearm for tactical emergency 
        response operations.  Tactical emergency response operations 
        include execution of high risk search and arrest warrants, 
        incidents of terrorism, hostage rescue, and any other tactical 
        deployments involving high risk circumstances.  The chief law 
        enforcement officer of a law enforcement agency that has the 
        need to use silencing devices must establish and enforce a 
        written policy governing the use of the devices. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 12.  Minnesota Statutes 2002, section 609.68, is 
        amended to read: 
           609.68 [UNLAWFUL DEPOSIT OF GARBAGE, LITTER, OR LIKE.] 
           Whoever unlawfully deposits garbage, rubbish, offal, or the 
        body of a dead animal, or other litter in or upon any public 
        highway, public waters or the ice thereon, shoreland areas 
        adjacent to rivers or streams as defined by section 103F.205, 
        public lands, or, without the consent of the owner, private 
        lands or water or ice thereon, is guilty of a petty misdemeanor. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 13.  Minnesota Statutes 2002, section 609.681, is 
        amended to read: 
           609.681 [UNLAWFUL SMOKING.] 
           A person is guilty of a petty misdemeanor if the person 
        intentionally smokes in a building, area, or common carrier in 
        which "no smoking" notices have been prominently posted, or when 
        requested not to by the operator of the common carrier. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003 
        and applies to crimes committed on or after that date. 
           Sec. 14.  Minnesota Statutes 2002, section 609.748, 
        subdivision 3, is amended to read: 
           Subd. 3.  [CONTENTS OF PETITION; HEARING; NOTICE.] (a) A 
        petition for relief must allege facts sufficient to show the 
        following:  
           (1) the name of the alleged harassment victim; 
           (2) the name of the respondent; and 
           (3) that the respondent has engaged in harassment. 
        The petition shall be accompanied by an affidavit made under 
        oath stating the specific facts and circumstances from which 
        relief is sought.  The court shall provide simplified forms and 
        clerical assistance to help with the writing and filing of a 
        petition under this section and shall advise the petitioner of 
        the right to sue in forma pauperis under section 563.01.  The 
        court shall advise the petitioner of the right to request a 
        hearing.  If the petitioner does not request a hearing, the 
        court shall advise the petitioner that the respondent may 
        request a hearing and that notice of the hearing date and time 
        will be provided to the petitioner by mail at least five days 
        before the hearing.  Upon receipt of the petition and a request 
        for a hearing by the petitioner, the court shall order a 
        hearing, which must be held not later than 14 days from the date 
        of the order.  Personal service must be made upon the respondent 
        not less than five days before the hearing.  If personal service 
        cannot be completed in time to give the respondent the minimum 
        notice required under this paragraph, the court may set a new 
        hearing date.  Nothing in this section shall be construed as 
        requiring a hearing on a matter that has no merit.  
           (b) Notwithstanding paragraph (a), the order for a hearing 
        and a temporary order issued under subdivision 4 may be served 
        on the respondent by means of a one-week published notice under 
        section 645.11, if: 
           (1) the petitioner files an affidavit with the court 
        stating that an attempt at personal service made by a sheriff 
        was unsuccessful because the respondent is avoiding service by 
        concealment or otherwise; and 
           (2) a copy of the petition and order for hearing and any 
        temporary restraining order has been mailed to the respondent at 
        the respondent's residence or place of business, if the 
        respondent is an organization, or the respondent's residence or 
        place of business is not known to the petitioner. 
           (c) Regardless of the method of service, if the respondent 
        is a juvenile, whenever possible, the court also shall have 
        notice of the pendency of the case and of the time and place of 
        the hearing served by mail at the last known address upon any 
        parent or guardian of the juvenile respondent who is not the 
        petitioner. 
           (d) A request for a hearing under this subdivision must be 
        made within 45 days of the filing or receipt of the petition. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 15.  Minnesota Statutes 2002, section 609.748, 
        subdivision 4, is amended to read: 
           Subd. 4.  [TEMPORARY RESTRAINING ORDER.] (a) The court may 
        issue a temporary restraining order ordering the respondent to 
        cease or avoid the harassment of another person or to have no 
        contact with that person if the petitioner files a petition in 
        compliance with subdivision 3 and if the court finds reasonable 
        grounds to believe that the respondent has engaged in 
        harassment.  When a petition alleges harassment as defined by 
        subdivision 1, paragraph (a), clause (1), the petition must 
        further allege an immediate and present danger of harassment 
        before the court may issue a temporary restraining order under 
        this section.  
           (b) Notice need not be given to the respondent before the 
        court issues a temporary restraining order under this 
        subdivision.  A copy of the restraining order must be served on 
        the respondent along with the order for hearing and petition, as 
        provided in subdivision 3.  If the respondent is a juvenile, 
        whenever possible, a copy of the restraining order, along with 
        notice of the pendency of the case and the time and place of the 
        hearing, shall also be served by mail at the last known address 
        upon any parent or guardian of the juvenile respondent who is 
        not the petitioner.  A temporary restraining order may be 
        entered only against the respondent named in the petition.  
           (c) The temporary restraining order is in effect until a 
        hearing is held on the issuance of a restraining order under 
        subdivision 5.  The court shall hold the hearing on the issuance 
        of a restraining order within 14 days after the temporary 
        restraining order is issued unless (1) the time period is 
        extended upon written consent of the parties; or (2) the time 
        period is extended if the petitioner requests a hearing.  The 
        hearing may be continued by the court for one additional 14-day 
        period upon a showing that the respondent has not been served 
        with a copy of the temporary restraining order despite the 
        exercise of due diligence or if service is made by published 
        notice under subdivision 3 and the petitioner files the 
        affidavit required under that subdivision. 
           (d) If the temporary restraining order has been issued and 
        the respondent requests a hearing, the hearing shall be 
        scheduled by the court upon receipt of the respondent's 
        request.  Service of the notice of hearing must be made upon the 
        petitioner not less than five days prior to the hearing.  The 
        court shall serve the notice of the hearing upon the petitioner 
        by mail in the manner provided in the rules of civil procedure 
        for pleadings subsequent to a complaint and motions and shall 
        also mail notice of the date and time of the hearing to the 
        respondent.  In the event that service cannot be completed in 
        time to give the respondent or petitioner the minimum notice 
        required under this subdivision, the court may set a new hearing 
        date. 
           (e) A request for a hearing under this subdivision must be 
        made within 45 days after the temporary restraining order is 
        issued. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 16.  Minnesota Statutes 2002, section 609.748, 
        subdivision 5, is amended to read: 
           Subd. 5.  [RESTRAINING ORDER.] (a) The court may grant a 
        restraining order ordering the respondent to cease or avoid the 
        harassment of another person or to have no contact with that 
        person if all of the following occur:  
           (1) the petitioner has filed a petition under subdivision 
        3; 
           (2) the sheriff has served respondent with a copy of the 
        temporary restraining order obtained under subdivision 4, and 
        with notice of the time and place of the right to request a 
        hearing, or service has been made by publication under 
        subdivision 3, paragraph (b); and 
           (3) the court finds at the hearing that there are 
        reasonable grounds to believe that the respondent has engaged in 
        harassment.  
        A restraining order may be issued only against the respondent 
        named in the petition; except that if the respondent is an 
        organization, the order may be issued against and apply to all 
        of the members of the organization.  Relief granted by the 
        restraining order must be for a fixed period of not more than 
        two years.  When a referee presides at the hearing on the 
        petition, the restraining order becomes effective upon the 
        referee's signature. 
           (b) An order issued under this subdivision must be 
        personally served upon the respondent. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003. 
           Sec. 17.  [611A.0392] [NOTICE TO COMMUNITY CRIME PREVENTION 
        GROUP.] 
           Subdivision 1.  [DEFINITIONS.] (a) As used in this section, 
        the following terms have the meanings given them. 
           (b) "Cities of the first class" has the meaning given in 
        section 410.01. 
           (c) "Community crime prevention group" means a community 
        group focused on community safety and crime prevention that: 
           (1) meets regularly for the purpose of discussing community 
        safety and patrolling community neighborhoods for criminal 
        activity; 
           (2) is previously designated by the local law enforcement 
        agency as a community crime prevention group; and 
           (3) interacts regularly with the police regarding community 
        safety issues. 
           Subd. 2.  [NOTICE.] (a) A law enforcement agency that is 
        responsible for arresting individuals who commit crimes within 
        cities of the first class shall make reasonable efforts to 
        disclose certain information in a timely manner to the 
        designated leader of a community crime prevention group that has 
        reported criminal activity, excluding petty misdemeanors, to law 
        enforcement.  The law enforcement agency shall make reasonable 
        efforts to disclose information on the final outcome of the 
        investigation into the criminal activity including, but not 
        limited to, where appropriate, the decision to arrest or not 
        arrest the person and whether the matter was referred to a 
        prosecuting authority.  If the matter is referred to a 
        prosecuting authority, the law enforcement agency must notify 
        the prosecuting authority of the community crime prevention 
        group's request for notice under this subdivision. 
           (b) A prosecuting authority who is responsible for filing 
        charges against or prosecuting a person arrested for a criminal 
        offense in cities of the first class shall make reasonable 
        efforts to disclose certain information in a timely manner to 
        the designated leader of a community crime prevention group that 
        has reported specific criminal activity to law enforcement.  The 
        prosecuting authority shall make reasonable efforts to disclose 
        information on the final outcome of the criminal proceeding that 
        resulted from the arrest including, but not limited to, where 
        appropriate, the decision to dismiss or not file charges against 
        the arrested person. 
           (c) A community crime prevention group that would like to 
        receive written or Internet notice under this subdivision must 
        request the law enforcement agency and the prosecuting authority 
        where the specific alleged criminal conduct occurred to provide 
        notice to the community crime prevention group leader.  The 
        community crime prevention group must provide the law 
        enforcement agency with the name, address, and telephone number 
        of the community crime prevention group leader and the preferred 
        method of communication. 
           [EFFECTIVE DATE.] This section is effective July 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 18.  [SENTENCING GUIDELINES MODIFICATIONS REQUIRED; 
        AGGRAVATING FACTOR; IDENTITY THEFT.] 
           By August 1, 2003, the sentencing guidelines commission 
        shall modify Minnesota Sentencing Guidelines, section II.D., by 
        adding to the list of the aggravating factors that may be used 
        as a basis for a sentencing departure, the offender's use of 
        another's identity without authorization to commit a crime.  
        This aggravating factor may not be used when the use of 
        another's identity is an element of the offense.  
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 19.  [REPEALER.] 
           Minnesota Statutes 2002, section 152.135, subdivision 4, is 
        repealed. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 

                                   ARTICLE 9 
                       DRIVING WHILE IMPAIRED PROVISIONS
           Section 1.  Minnesota Statutes 2002, section 169A.03, 
        subdivision 21, is amended to read: 
           Subd. 21.  [PRIOR IMPAIRED DRIVING-RELATED LOSS OF 
        LICENSE.] (a) "Prior impaired driving-related loss of license" 
        includes a driver's license suspension, revocation, 
        cancellation, denial, or disqualification under: 
           (1) section 169A.31 (alcohol-related school bus or Head 
        Start bus driving); 169A.50 to 169A.53 (implied consent law); 
        169A.54 (impaired driving convictions and adjudications; 
        administrative penalties); 171.04 (persons not eligible for 
        drivers' licenses); 171.14 (cancellation); 171.16 (court may 
        recommend suspension); 171.165 (commercial driver's license, 
        disqualification); 171.17 (revocation); or 171.18 (suspension); 
        because of an alcohol-related incident; 
           (2) section 609.21 (criminal vehicular homicide and injury, 
        substance-related offenses), subdivision 1, clauses (2) to (6); 
        subdivision 2, clauses (2) to (6); subdivision 2a, clauses (2) 
        to (6); subdivision 2b, clauses (2) to (6); subdivision 3, 
        clauses (2) to (6); or subdivision 4, clauses (2) to (6); 
           (3) Minnesota Statutes 1998, section 169.121 (driver under 
        influence of alcohol or controlled substance); 169.1211 
        (alcohol-related driving by commercial vehicle drivers); or 
        169.123 (chemical tests for intoxication); or 
           (4) an ordinance from this state, or a statute or ordinance 
        from another state, in conformity with any provision listed in 
        clause (1), (2), or (3). 
           (b) "Prior impaired driving-related loss of license" also 
        includes the revocation of snowmobile or all-terrain vehicle 
        operating privileges under section 84.911 (chemical testing), or 
        motorboat operating privileges under section 86B.335 (testing 
        for alcohol and controlled substances), for violations that 
        occurred on or after August 1, 1994; the revocation of 
        snowmobile or all-terrain vehicle operating privileges under 
        section 84.91 (operation of snowmobiles and all-terrain vehicles 
        by persons under the influence of alcohol or controlled 
        substances); or the revocation of motorboat operating privileges 
        under section 86B.331 (operation while using alcohol or drugs or 
        with a physical or mental disability). 
           (c) "Prior impaired driving-related loss of license" does 
        not include any license action stemming solely from a violation 
        of section 169A.33 (underage drinking and driving), 171.09 
        (conditions of a restricted license), or 340A.503 (persons under 
        the age of 21, illegal acts). 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 2.  Minnesota Statutes 2002, section 169A.03, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [CONTROL ANALYSIS.] "Control analysis" means a 
        procedure involving a solution that yields a predictable alcohol 
        concentration reading. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 3.  Minnesota Statutes 2002, section 169A.20, 
        subdivision 2, is amended to read: 
           Subd. 2.  [REFUSAL TO SUBMIT TO CHEMICAL TEST CRIME.] It is 
        a crime for any person to refuse to submit to a chemical test of 
        the person's blood, breath, or urine under section 169A.51 
        (chemical tests for intoxication), or 169A.52 (test refusal or 
        failure; revocation of license). 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 4.  Minnesota Statutes 2002, section 169A.25, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
        violates section 169A.20, subdivision 1 (driving while 
        impaired crime), is guilty of second-degree driving while 
        impaired if two or more aggravating factors were present when 
        the violation was committed.  
           (b) A person who violates section 169A.20, subdivision 2 
        (refusal to submit to chemical test crime), is guilty of 
        second-degree driving while impaired if one aggravating factor 
        was present when the violation was committed. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 5.  Minnesota Statutes 2002, section 169A.26, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEGREE DESCRIBED.] (a) A person who 
        violates section 169A.20, subdivision 1 (driving while 
        impaired crime), is guilty of third-degree driving while 
        impaired if one aggravating factor was present when the 
        violation was committed.  
           (b) A person who violates section 169A.20, subdivision 2 
        (refusal to submit to chemical test crime), is guilty of 
        third-degree driving while impaired. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 6.  Minnesota Statutes 2002, section 169A.27, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEGREE DESCRIBED.] A person who violates 
        section 169A.20, subdivision 1 (driving while impaired crime), 
        is guilty of fourth-degree driving while impaired. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 7.  Minnesota Statutes 2002, section 169A.275, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FOURTH OFFENSE.] (a) Unless the court commits 
        the person to the custody of the commissioner of corrections as 
        provided in section 169A.276 (mandatory penalties; felony 
        violations), the court shall sentence a person who is convicted 
        of a violation of section 169A.20 (driving while impaired) 
        within ten years of the first of three qualified prior impaired 
        driving incidents to either: 
           (1) a minimum of 180 days of incarceration, at least 30 
        days of which must be served consecutively in a local 
        correctional facility; or 
           (2) a program of intensive supervision of the type 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders) that requires the person to 
        consecutively serve at least six days in a local correctional 
        facility; or 
           (3) a program of staggered sentencing involving a minimum 
        of 180 days of incarceration, at least 30 days of which must be 
        served consecutively in a local correctional facility.  
           (b) The court may order that the person serve not more than 
        150 days of the minimum penalty under paragraph (a), clause (1), 
        on home detention or in an intensive probation program described 
        in section 169A.74.  Notwithstanding section 609.135, the 
        penalties in this subdivision must be imposed and executed. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 8.  Minnesota Statutes 2002, section 169A.275, 
        subdivision 4, is amended to read: 
           Subd. 4.  [FIFTH OFFENSE OR MORE.] (a) Unless the court 
        commits the person to the custody of the commissioner of 
        corrections as provided in section 169A.276 (mandatory 
        penalties; felony violations), the court shall sentence a person 
        who is convicted of a violation of section 169A.20 (driving 
        while impaired) within ten years of the first of four or more 
        qualified prior impaired driving incidents to either: 
           (1) a minimum of one year of incarceration, at least 60 
        days of which must be served consecutively in a local 
        correctional facility; or 
           (2) a program of intensive supervision of the type 
        described in section 169A.74 (pilot programs of intensive 
        probation for repeat DWI offenders) that requires the person to 
        consecutively serve at least six days in a local correctional 
        facility; or 
           (3) a program of staggered sentencing involving a minimum 
        of one year of incarceration, at least 60 days of which must be 
        served consecutively in a local correctional facility.  
           (b) The court may order that the person serve the remainder 
        of the minimum penalty under paragraph (a), clause (1), on 
        intensive probation using an electronic monitoring system or, if 
        such a system is unavailable, on home detention.  
        Notwithstanding section 609.135, the penalties in this 
        subdivision must be imposed and executed. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 9.  Minnesota Statutes 2002, section 169A.275, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [DEFINITIONS.] (a) For purposes of this section, 
        the following terms have the meanings given. 
           (b) "Staggered sentencing" means a sentencing procedure in 
        which the court sentences a person convicted of a gross 
        misdemeanor or felony violation of section 169A.20 (driving 
        while impaired) to an executed sentence of incarceration in a 
        local correctional facility, to be served in equal segments in 
        three or more consecutive years.  Before reporting for any 
        subsequent segment of incarceration after the first segment, the 
        offender shall be regularly involved in a structured sobriety 
        group and may bring a motion before the court requesting to have 
        that segment of incarceration stayed.  The motion must be 
        brought before the same judge who initially pronounced the 
        sentence.  Before bringing the motion, the offender shall 
        participate for 30 days in a remote electronic 
        alcohol-monitoring program under the direction of the person's 
        probation agent.  It is within the court's discretion to stay 
        the second or subsequent segment of remote electronic alcohol 
        monitoring or incarceration that has previously been ordered. 
        The court shall consider any alcohol-monitoring results and the 
        recommendation of the probation agent, together with any other 
        factors deemed relevant by the court, in deciding whether to 
        modify the sentence by ordering a stay of the next following 
        segment of remote electronic alcohol monitoring or incarceration 
        that the court had initially ordered to be executed.  
           (c) When the court stays a segment of incarceration that it 
        has previously ordered to be executed, that portion of the 
        sentence must be added to the total number of days the defendant 
        is subject to serving in custody if the person subsequently 
        violates any of the conditions of that stay of execution. 
           (d) A structured sobriety group is an organization that has 
        regular meetings focusing on sobriety and includes, but is not 
        limited to, Alcoholics Anonymous. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 10.  Minnesota Statutes 2002, section 169A.40, 
        subdivision 3, is amended to read: 
           Subd. 3.  [FIRST-DEGREE AND SECOND-DEGREE CERTAIN DWI 
        OFFENDERS; CUSTODIAL ARREST.] Notwithstanding rule 6.01 of the 
        Rules of Criminal Procedure, a peace officer acting without a 
        warrant who has decided to proceed with the prosecution of a 
        person for violating section 169A.20 (driving while impaired), 
        shall arrest and take the person into custody, and the person 
        must be detained until the person's first court appearance, if 
        the officer has reason to believe that the violation occurred: 
           (1) under the circumstances described in section 169A.24 
        (first-degree driving while impaired) or 169A.25 (second-degree 
        driving while impaired).; 
           (2) under the circumstances described in section 169A.26 
        (third-degree driving while impaired) if the person is under the 
        age of 19; 
           (3) in the presence of an aggravating factor described in 
        section 169A.03, subdivision 3, clause (2) or (3); or 
           (4) while the person's driver's license or driving 
        privileges have been canceled under section 171.04, subdivision 
        1, clause (10) (persons not eligible for drivers' licenses, 
        inimical to public safety).  
           The person shall be detained until the person's first court 
        appearance.  
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 11.  Minnesota Statutes 2002, section 169A.44, is 
        amended to read: 
           169A.44 [CONDITIONAL RELEASE.] 
           Subdivision 1.  [NONFELONY VIOLATIONS.] (a) This section 
        subdivision applies to a person charged with: 
           (1) a nonfelony violation of section 169A.20 (driving while 
        impaired) within ten years of the first of two or more prior 
        impaired driving convictions; 
           (2) a violation of section 169A.20, if the person is under 
        the age of 19 years and has previously been convicted of 
        violating section 169A.20 or Minnesota Statutes 1998, section 
        169.121 (driver under the influence of alcohol or controlled 
        substance); 
           (3) a violation of section 169A.20, while the person's 
        driver's license or driving privileges have been canceled under 
        section 171.04, subdivision 1, clause (10) (persons not eligible 
        for drivers' licenses, inimical to public safety); or 
           (4) a violation of section 169A.20 by a person having an 
        alcohol concentration of 0.20 or more as measured at the time, 
        or within two hours of the time, of the offense under 
        circumstances described in section 169A.40, subdivision 3 
        (certain DWI offenders; custodial arrest). 
           (b) Unless maximum bail is imposed under section 629.471, a 
        person described in paragraph (a) may be released from detention 
        only if the person agrees to:  
           (1) abstain from alcohol; and 
           (2) submit to a program of electronic alcohol monitoring, 
        involving at least daily measurements of the person's alcohol 
        concentration, pending resolution of the charge. 
        Clause (2) applies only when electronic alcohol-monitoring 
        equipment is available to the court.  The court shall require 
        partial or total reimbursement from the person for the cost of 
        the electronic alcohol-monitoring, to the extent the person is 
        able to pay. 
           (c) Unless maximum bail is imposed under section 629.471, 
        subdivision 2, 
           Subd. 2.  [FELONY VIOLATIONS.] (a) A person charged with 
        violating section 169A.20 within ten years of the first of three 
        or more qualified prior impaired driving convictions incidents 
        may be released from detention only if the following conditions 
        are imposed in addition to the condition imposed:  
           (1) the conditions described in subdivision 1, paragraph 
        (b), if applicable, and any other conditions of release ordered 
        by the court:; 
           (1) (2) the impoundment of the registration plates of the 
        vehicle used to commit the violation, unless already impounded; 
           (2) (3) if the vehicle used to commit the violation was an 
        off-road recreational vehicle or a motorboat, the impoundment of 
        the off-road recreational vehicle or motorboat; 
           (3) (4) a requirement that the person report weekly to a 
        probation agent; 
           (4) (5) a requirement that the person abstain from 
        consumption of alcohol and controlled substances and submit to 
        random alcohol tests or urine analyses at least weekly; and 
           (5) (6) a requirement that, if convicted, the person 
        reimburse the court or county for the total cost of these 
        services; and 
           (7) any other conditions of release ordered by the court. 
           (b) In addition to setting forth conditions of release 
        under paragraph (a), if required by court rule, the court shall 
        also fix the amount of money bail without other conditions upon 
        which the defendant may obtain release. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 12.  Minnesota Statutes 2002, section 169A.51, 
        subdivision 5, is amended to read: 
           Subd. 5.  [BREATH TEST USING INFRARED BREATH-TESTING 
        INSTRUMENT.] (a) In the case of a breath test administered using 
        an infrared breath-testing instrument, the test must consist of 
        analyses in the following sequence:  one adequate breath-sample 
        analysis, one calibration standard control analysis, and a 
        second, adequate breath-sample analysis. 
           (b) In the case of a test administered using an infrared 
        breath-testing instrument, a sample is adequate if the 
        instrument analyzes the sample and does not indicate the sample 
        is deficient. 
           (c) For purposes of section 169A.52 (revocation of license 
        for test failure or refusal), when a test is administered using 
        an infrared breath-testing instrument, failure of a person to 
        provide two separate, adequate breath samples in the proper 
        sequence constitutes a refusal. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 13.  Minnesota Statutes 2002, section 169A.53, 
        subdivision 3, is amended to read: 
           Subd. 3.  [HEARING; ISSUES; ORDER; APPEAL.] (a) A judicial 
        review hearing under this section must be before a district 
        judge in any county in the judicial district where the alleged 
        offense occurred.  The hearing is to the court and may be 
        conducted at the same time and in the same manner as hearings 
        upon pretrial motions in the criminal prosecution under section 
        169A.20 (driving while impaired), if any.  The hearing must be 
        recorded.  The commissioner shall appear and be represented by 
        the attorney general or through the prosecuting authority for 
        the jurisdiction involved.  The hearing must be held at the 
        earliest practicable date, and in any event no later than 60 
        days following the filing of the petition for review.  The 
        judicial district administrator shall establish procedures to 
        ensure efficient compliance with this subdivision.  To 
        accomplish this, the administrator may, whenever possible, 
        consolidate and transfer review hearings among the locations 
        within the judicial district where terms of district court are 
        held. 
           (b) The scope of the hearing is limited to the issues in 
        clauses (1) to (10): 
           (1) Did the peace officer have probable cause to believe 
        the person was driving, operating, or in physical control of a 
        motor vehicle or commercial motor vehicle in violation of 
        section 169A.20 (driving while impaired)? 
           (2) Was the person lawfully placed under arrest for 
        violation of section 169A.20? 
           (3) Was the person involved in a motor vehicle accident or 
        collision resulting in property damage, personal injury, or 
        death? 
           (4) Did the person refuse to take a screening test provided 
        for by section 169A.41 (preliminary screening test)? 
           (5) If the screening test was administered, did the test 
        indicate an alcohol concentration of 0.10 or more? 
           (6) At the time of the request for the test, did the peace 
        officer inform the person of the person's rights and the 
        consequences of taking or refusing the test as required by 
        section 169A.51, subdivision 2? 
           (7) Did the person refuse to permit the test? 
           (8) If a test was taken by a person driving, operating, or 
        in physical control of a motor vehicle, did the test results 
        indicate at the time of testing: 
           (i) an alcohol concentration of 0.10 or more; or 
           (ii) the presence of a controlled substance listed in 
        schedule I or II, other than marijuana or tetrahydrocannabinols? 
           (9) If a test was taken by a person driving, operating, or 
        in physical control of a commercial motor vehicle, did the test 
        results indicate an alcohol concentration of 0.04 or more at the 
        time of testing? 
           (10) Was the testing method used valid and reliable and 
        were the test results accurately evaluated? 
           (c) It is an affirmative defense for the petitioner to 
        prove that, at the time of the refusal, the petitioner's refusal 
        to permit the test was based upon reasonable grounds. 
           (d) Certified or otherwise authenticated copies of 
        laboratory or medical personnel reports, records, documents, 
        licenses, and certificates are admissible as substantive 
        evidence. 
           (e) The court shall order that the revocation or 
        disqualification be either rescinded or sustained and forward 
        the order to the commissioner.  The court shall file its order 
        within 14 days following the hearing.  If the revocation or 
        disqualification is sustained, the court shall also forward the 
        person's driver's license or permit to the commissioner for 
        further action by the commissioner if the license or permit is 
        not already in the commissioner's possession. 
           (f) Any party aggrieved by the decision of the reviewing 
        court may appeal the decision as provided in the rules of 
        appellate procedure. 
           (g) The civil hearing under this section shall not give 
        rise to an estoppel on any issues arising from the same set of 
        circumstances in any criminal prosecution. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 14.  Minnesota Statutes 2002, section 169A.54, 
        subdivision 6, is amended to read: 
           Subd. 6.  [APPLICABILITY OF IMPLIED CONSENT REVOCATION.] 
        (a) Any person whose license has been revoked pursuant to 
        section 169A.52 (license revocation for test failure or refusal) 
        as the result of the same incident, and who does not have a 
        qualified prior impaired driving incident, is subject to the 
        mandatory revocation provisions of subdivision 1, clause (1) or 
        (2), in lieu of the mandatory revocation provisions of section 
        169A.52. 
           (b) Paragraph (a) does not apply to: 
           (1) a person whose license has been revoked under 
        subdivision 2 (driving while impaired by person under age 
        21); or 
           (2) a person whose driver's license has been revoked for, 
        or who is charged with violating, a violation of section 169A.20 
        (driving while impaired) with the an aggravating factor of 
        having an alcohol concentration of 0.20 or more as measured at 
        the time, or within two hours of the time, of the offense, and 
        the person is convicted of that offense or any other offense 
        described in section 169A.20 arising out of the same set of 
        circumstances; or 
           (3) a person charged with violating section 169A.20 
        (driving while impaired) with the aggravating factor of having a 
        child under the age of 16 in the vehicle and the child is more 
        than 36 months younger than the offender, and the person is 
        convicted of that offense or any other offense described in 
        section 169A.20 arising out of the same set of 
        circumstances described in section 169A.03, subdivision 3, 
        clause (2) or (3). 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 15.  Minnesota Statutes 2002, section 169A.60, 
        subdivision 8, is amended to read: 
           Subd. 8.  [REISSUANCE OF REGISTRATION PLATES.] (a) The 
        commissioner shall rescind the impoundment order of a person 
        subject to an order under this section, other than the violator, 
        if: 
           (1) the violator had a valid driver's license on the date 
        of the plate impoundment violation and the person files with the 
        commissioner an acceptable sworn statement containing the 
        following information: 
           (i) that the person is the registered owner of the vehicle 
        from which the plates have been impounded under this section; 
           (ii) that the person is the current owner and possessor of 
        the vehicle used in the violation; 
           (iii) the date on which the violator obtained the vehicle 
        from the registered owner; 
           (iv) the residence addresses of the registered owner and 
        the violator on the date the violator obtained the vehicle from 
        the registered owner; 
           (v) that the person was not a passenger in the vehicle at 
        the time of the plate impoundment violation; and 
           (vi) that the person knows that the violator may not drive, 
        operate, or be in physical control of a vehicle without a valid 
        driver's license; or 
           (2) the violator did not have a valid driver's license on 
        the date of the plate impoundment violation and the person made 
        a report to law enforcement before the violation stating that 
        the vehicle had been taken from the person's possession or was 
        being used without permission. 
           (b) A person who has failed to make a report as provided in 
        paragraph (a), clause (2), may be issued special registration 
        plates under subdivision 13 for a period of one year from the 
        effective date of the impoundment order.  At the next 
        registration renewal Following this period, the person may apply 
        for regular registration plates. 
           (c) If the order is rescinded, the owner shall receive new 
        registration plates at no cost, if the plates were seized and 
        destroyed. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 16.  Minnesota Statutes 2002, section 169A.60, 
        subdivision 13, is amended to read: 
           Subd. 13.  [SPECIAL REGISTRATION PLATES.] (a) At any time 
        during the effective period of an impoundment order, a violator 
        or registered owner may apply to the commissioner for new 
        registration plates, which must bear a special series of numbers 
        or letters so as to be readily identified by traffic law 
        enforcement officers.  The commissioner may authorize the 
        issuance of special plates if: 
           (1) the violator has a qualified licensed driver whom the 
        violator must identify; 
           (2) the violator or registered owner has a limited license 
        issued under section 171.30; 
           (3) the registered owner is not the violator and the 
        registered owner has a valid or limited driver's license; 
           (4) a member of the registered owner's household has a 
        valid driver's license; or 
           (5) the violator has been reissued a valid driver's license.
           (b) The commissioner may not issue new registration plates 
        for that vehicle subject to plate impoundment for a period of at 
        least one year from the date of the impoundment order and until 
        the next regularly scheduled registration date following the 
        impoundment period.  In addition, if the owner is the violator, 
        new registration plates may not be issued for the vehicle unless 
        the person has been reissued a valid driver's license in 
        accordance with chapter 171. 
           (c) A violator may not apply for new registration plates 
        for a vehicle at any time before the person's driver's license 
        is reinstated. 
           (d) The commissioner may issue the special plates on 
        payment of a $50 fee for each vehicle for which special plates 
        are requested. 
           (e) Paragraphs (a) to (d) notwithstanding, the commissioner 
        must issue upon request new registration plates for a vehicle 
        for which the registration plates have been impounded if: 
           (1) the impoundment order is rescinded; 
           (2) the vehicle is transferred in compliance with 
        subdivision 14; or 
           (3) the vehicle is transferred to a Minnesota automobile 
        dealer licensed under section 168.27, a financial institution 
        that has submitted a repossession affidavit, or a government 
        agency. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 17.  [169A.78] [AIDING AND ABETTING.] 
           Every person who commits or attempts to commit, conspires 
        to commit, or aids or abets in the commission of any act 
        declared in this chapter to be an offense, whether individually 
        or in connection with one or more other persons or as principal, 
        agent, or accessory, is guilty of that offense, and every person 
        who falsely, fraudulently, forcibly, or willfully induces, 
        causes, coerces, requires, permits, or directs another to 
        violate any provision of this chapter is likewise guilty of that 
        offense. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 18.  Minnesota Statutes 2002, section 609.135, 
        subdivision 2, is amended to read: 
           Subd. 2.  [STAY OF SENTENCE MAXIMUM PERIODS.] (a) If the 
        conviction is for a felony other than section 609.21, 
        subdivision 2, 2a, or 4, the stay shall be for not more than 
        four years or the maximum period for which the sentence of 
        imprisonment might have been imposed, whichever is longer. 
           (b) If the conviction is for a gross misdemeanor violation 
        of section 169A.20 or 609.21, subdivision 2b, or for a felony 
        described in section 609.21, subdivision 2, 2a, or 4, the stay 
        shall be for not more than six years.  The court shall provide 
        for unsupervised probation for the last year of the stay unless 
        the court finds that the defendant needs supervised probation 
        for all or part of the last year. 
           (c) If the conviction is for a gross misdemeanor not 
        specified in paragraph (b), the stay shall be for not more than 
        two years. 
           (d) If the conviction is for any misdemeanor under section 
        169A.20; 609.746, subdivision 1; 609.79; or 617.23; or for a 
        misdemeanor under section 609.2242 or 609.224, subdivision 1, in 
        which the victim of the crime was a family or household member 
        as defined in section 518B.01, the stay shall be for not more 
        than two years.  The court shall provide for unsupervised 
        probation for the second year of the stay unless the court finds 
        that the defendant needs supervised probation for all or part of 
        the second year. 
           (e) If the conviction is for a misdemeanor not specified in 
        paragraph (d), the stay shall be for not more than one year.  
           (f) The defendant shall be discharged six months after the 
        term of the stay expires, unless the stay has been revoked or 
        extended under paragraph (g), or the defendant has already been 
        discharged. 
           (g) Notwithstanding the maximum periods specified for stays 
        of sentences under paragraphs (a) to (f), a court may extend a 
        defendant's term of probation for up to one year if it finds, at 
        a hearing conducted under subdivision 1a, that: 
           (1) the defendant has not paid court-ordered restitution or 
        a fine in accordance with the payment schedule or structure; and 
           (2) the defendant is likely to not pay the restitution or 
        fine the defendant owes before the term of probation expires.  
        This one-year extension of probation for failure to pay 
        restitution or a fine may be extended by the court for up to one 
        additional year if the court finds, at another hearing conducted 
        under subdivision 1a, that the defendant still has not paid the 
        court-ordered restitution or fine that the defendant owes. 
           (h) Notwithstanding the maximum periods specified for stays 
        of sentences under paragraphs (a) to (f), a court may extend a 
        defendant's term of probation for up to three years if it finds, 
        at a hearing conducted under subdivision 1c, that: 
           (1) the defendant has failed to complete court-ordered 
        treatment successfully; and 
           (2) the defendant is likely not to complete court-ordered 
        treatment before the term of probation expires. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 19.  Minnesota Statutes 2002, section 629.471, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [NOT APPLICABLE FOR FELONY DWI.] This section 
        does not apply to persons charged with a felony violation under 
        section 169A.20. 
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to violations committed on or after that date. 
           Sec. 20.  [CLARIFYING LEGISLATIVE INTENT.] 
           During the year 2000 recodification of Minnesota's impaired 
        driving statutes, now codified in Minnesota Statutes 2002, 
        chapter 169A, it was the intention of the legislature to 
        continue the policy of accountability for previous convictions 
        of impaired driving-related offenses and previous impaired 
        driving-related driver's license actions.  Specifically, it was 
        the intention of the legislature to count as aggravating factors 
        all qualified prior impaired driving incidents occurring within 
        the past ten years of an incident for purposes of any criminal 
        or civil sanctions under Minnesota Statutes 2002, chapter 169A, 
        whether a prior incident occurred before, during, or after 1998 
        or 1996.  The references to "Minnesota Statutes 1998" and 
        "Minnesota Statutes 1996" in Minnesota Statutes 2002, section 
        169A.03, subdivisions 20 and 21, follow standard editorial 
        practice in drafting legislation and are used to refer the 
        reader to the most recent printing of Minnesota statutes that 
        contained the relevant provisions of statute as they existed 
        prior to recodification, and are not intended to limit the 
        look-back period. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 

                                   ARTICLE 10 
                                  PROSTITUTION 
           Section 1.  Minnesota Statutes 2002, section 609.322, is 
        amended by adding a subdivision to read: 
           Subd. 1c.  [AGGREGATION OF CASES.] Acts by the defendant in 
        violation of any one or more of the provisions in this section 
        within any six-month period may be aggregated and the defendant 
        charged accordingly in applying the provisions of this section; 
        provided that when two or more offenses are committed by the 
        same person in two or more counties, the accused may be 
        prosecuted in any county in which one of the offenses was 
        committed for all of the offenses aggregated under this 
        paragraph.  
           [EFFECTIVE DATE.] This section is effective August 1, 2003, 
        and applies to crimes committed on or after that date. 
           Sec. 2.  Minnesota Statutes 2002, section 609.3241, is 
        amended to read: 
           609.3241 [PENALTY ASSESSMENT AUTHORIZED.] 
           When a court sentences an adult convicted of violating 
        section 609.322 or 609.324, while acting other than as a 
        prostitute, the court shall impose an assessment of not less 
        than $250 and not more than $500 for a violation of section 
        609.324, subdivision 2, or a misdemeanor violation of section 
        609.324, subdivision 3; otherwise the court shall impose an 
        assessment of not less than $500 and not more than $1,000.  The 
        mandatory minimum portion of the assessment is to be used for 
        the purposes described in section 626.558, subdivision 2a, and 
        is in addition to the surcharge required by section 357.021, 
        subdivision 6.  Any portion of the assessment imposed in excess 
        of the mandatory minimum amount shall be forwarded to the 
        general fund and is appropriated annually to the commissioner of 
        corrections public safety.  The commissioner, with the 
        assistance of the general crime victims advisory council, shall 
        use money received under this section for grants to agencies 
        that provide assistance to individuals who have stopped or wish 
        to stop engaging in prostitution.  Grant money may be used to 
        provide these individuals with medical care, child care, 
        temporary housing, and educational expenses. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 3.  [COLLECTION OF INFORMATION AND STUDY ON CERTAIN 
        PROSTITUTION CASES; REPORT.] 
           Subdivision 1.  [DEFINITIONS.] (a) The following terms have 
        the meanings given them. 
           (b) "Intermediate sanctions" has the meaning given in 
        Minnesota Statutes, section 609.135, subdivision 1, paragraph 
        (b). 
           (c) "Patron" has the meaning given in Minnesota Statutes, 
        section 609.321, subdivision 4. 
           (d) "Promotes the prostitution of an individual" has the 
        meaning given in Minnesota Statutes, section 609.321, 
        subdivision 7. 
           (e) "Prostitute" has the meaning given in Minnesota 
        Statutes, section 609.321, subdivision 8. 
           (f) "Prostitution crime" means a violation of Minnesota 
        Statutes, section 609.322 or 609.324. 
           Subd. 2.  [COLLECTION OF INFORMATION.] (a) The following 
        attorneys or their designees and the following law enforcement 
        representatives or their designees shall oversee the collection 
        of information on the investigation and prosecution of 
        prostitution crimes committed within the jurisdiction of each 
        individual's office, commencing January 1, 2002, and ending 
        December 31, 2002: 
           (1) the Hennepin county attorney; 
           (2) the Minneapolis city attorney; 
           (3) the Ramsey county attorney; 
           (4) the St. Paul city attorney; 
           (5) the Hennepin county sheriff; 
           (6) the chief of police of the Minneapolis police 
        department; 
           (7) the Ramsey county sheriff; and 
           (8) the chief of police of the St. Paul police department. 
           (b) The information collected under paragraph (a) must 
        include: 
           (1) information on the neighborhood and city where the 
        offense was committed or allegedly committed and information on 
        the neighborhood and city where the offender or alleged offender 
        resides; 
           (2) the number of calls to law enforcement and the number 
        of complaints made directly to law enforcement regarding alleged 
        prostitution crimes; 
           (3) the number of arrests made for prostitution crimes and 
        a breakdown of the age, race, and gender of the individuals 
        arrested; 
           (4) the number of citations, tab charges, and complaints 
        issued for prostitution crimes; 
           (5) the types of charges filed in each case, if any, 
        including whether the person was acting as a patron or 
        prostitute, or promoting the prostitution of an individual; and 
           (6) the disposition of each case in which prosecution was 
        commenced, including the amount of any fine or penalty 
        assessment imposed; the incarceration imposed on the offender, 
        if any; the intermediate sanctions, if relevant, or conditions 
        of probation imposed on the offender, if any; and whether the 
        offender was referred to a restorative justice program, 
        diversion program, or alternative sentencing program. 
           Subd. 3.  [PREPARATION OF SUMMARY AND REPORT.] The law 
        enforcement authorities specified in subdivision 2, paragraph 
        (a), shall provide the information required by subdivision 2, 
        paragraph (b), to the prosecuting authorities in their 
        jurisdictions by August 15, 2003.  The prosecuting authorities 
        specified in subdivision 2, paragraph (a), shall cooperate in 
        preparing a summary of the information collected under 
        subdivision 2, paragraph (b), and in preparing a report for the 
        chairs and ranking minority leaders of the house and senate 
        committees and divisions with jurisdiction over criminal justice 
        policy and funding.  The report shall be provided to the 
        legislature and filed in the legislative reference library no 
        later than December 15, 2003. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment.  
           Sec. 4.  [REPORTS ON PENALTY ASSESSMENTS FOR PROSTITUTION 
        CRIMES.] 
           Subdivision 1.  [COMMISSIONER OF PUBLIC SAFETY; REPORT.] By 
        December 15, 2003, the commissioner of public safety shall 
        submit a report to the chairs and ranking minority leaders of 
        the house and senate committees and divisions with jurisdiction 
        over criminal justice policy and funding on the amount of money 
        appropriated to the commissioner of public safety under 
        Minnesota Statutes, section 609.3241, since the beginning of 
        fiscal year 1998.  In preparing this report, the commissioner of 
        public safety shall determine whether any penalty assessments 
        were appropriated to the commissioner of corrections during this 
        time and, if so, how much was appropriated.  The commissioner of 
        corrections shall cooperate with the commissioner of public 
        safety in providing this information.  The report also shall 
        contain information on the use of money appropriated during this 
        time period, including, but not limited to, the ways in which 
        the money has been used to assist individuals who have stopped 
        or wish to stop engaging in prostitution.  The report shall be 
        filed with the legislative reference library no later than 
        December 15, 2003. 
           Subd. 2.  [SUPREME COURT; REPORT.] By December 15, 2003, 
        the supreme court is requested to report to the chairs and 
        ranking minority leaders of the house and senate committees and 
        divisions with jurisdiction over criminal justice policy and 
        funding concerning the use of money collected since the 
        beginning of fiscal year 1998 from penalty assessments under 
        Minnesota Statutes, section 609.3241, and use for the purposes 
        described in Minnesota Statutes, section 626.558, subdivision 
        2a.  The report is requested to be filed with the legislative 
        reference library no later than December 15, 2003. 
           [EFFECTIVE DATE.] This section is effective the day 
        following final enactment. 
           Sec. 5.  [REVISOR'S INSTRUCTION.] 
           In the next edition of Minnesota Statutes, the revisor 
        shall change the headnotes for Minnesota Statutes, section 
        609.324, as follows: 
           (1) the section headnote from "OTHER PROHIBITED ACTS" to 
        "OTHER PROSTITUTION CRIMES; PATRONS, PROSTITUTES, AND 
        INDIVIDUALS HOUSING INDIVIDUALS ENGAGED IN PROSTITUTION; 
        PENALTIES"; 
           (2) the subdivision 1 headnote from "CRIME DEFINED" to 
        "ENGAGING IN, HIRING, OR AGREEING TO HIRE A MINOR TO ENGAGE IN 
        PROSTITUTION; PENALTIES"; 
           (3) the subdivision 1a headnote from "MINOR ENGAGED IN 
        PROSTITUTION" to "HOUSING AN UNRELATED MINOR ENGAGED IN 
        PROSTITUTION; PENALTIES"; 
           (4) the subdivision 2 headnote from "SOLICITATION IN PUBLIC 
        PLACE" to "SOLICITATION OR ACCEPTANCE OF SOLICITATION TO ENGAGE 
        IN PROSTITUTION; PENALTY"; and 
           (5) the subdivision 3 headnote from "HIRE TO ENGAGE IN 
        PROSTITUTION" to "ENGAGING IN, HIRING, OR AGREEING TO HIRE AN 
        ADULT TO ENGAGE IN PROSTITUTION; PENALTIES." 
           Presented to the governor May 24, 2003 
           Signed by the governor May 28, 2003, 12:46 p.m.

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