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

CHAPTER 119--H.F.No. 818
An act
relating to vulnerable adults; authorizing disclosure of financial records in
connection with financial exploitation investigations; modifying procedures and
duties for reporting and investigating maltreatment; directing the commissioner
of human services to seek federal grants; appropriating money received from the
federal government to the commissioner of human services; specifying duties
of financial institutions in cases alleging financial exploitation; modifying the
crime of financial exploitation; imposing criminal and civil penalties; amending
Minnesota Statutes 2008, sections 13A.02, subdivisions 1, 2; 13A.04, subdivision
1; 256B.0595, subdivisions 4, 9; 299A.61, subdivision 1; 388.23, subdivision 1;
609.2335; 609.52, subdivision 3; 611A.033; 626.557, subdivisions 4, 5, 9b, by
adding subdivisions; 626.5572, subdivision 21; 628.26.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

    Section 1. Minnesota Statutes 2008, section 13A.02, subdivision 1, is amended to read:
    Subdivision 1. Access by government. Except as authorized by this chapter,
no government authority may have access to, or obtain copies of, or the information
contained in, the financial records of any customer from a financial institution unless the
financial records are reasonably described and:
(1) the customer has authorized the disclosure;
(2) the financial records are disclosed in response to a search warrant;
(3) the financial records are disclosed in response to a judicial or administrative
subpoena; or
(3) the financial records are disclosed to law enforcement, a lead agency as defined
in section 626.5572, subdivision 13, or prosecuting authority that is investigating financial
exploitation of a vulnerable adult in response to a judicial subpoena or administrative
subpoena under section 388.23; or
(4) the financial records are disclosed pursuant to section 609.535 or other statute or
rule.

    Sec. 2. Minnesota Statutes 2008, section 13A.02, subdivision 2, is amended to read:
    Subd. 2. Release prohibited. No financial institution, or officer, employee, or
agent of a financial institution, may provide to any government authority access to, or
copies of, or the information contained in, the financial records of any customer except in
accordance with the provisions of this chapter.
Nothing in this chapter shall require a financial institution to inquire or determine
that those seeking disclosure have duly complied with the requirements of this chapter,
provided only that the customer authorization, search warrant, subpoena, or written
certification pursuant to section 609.535, subdivision 6,; 626.557; or other statute or rule,
served on or delivered to a financial institution shows compliance on its face.

    Sec. 3. Minnesota Statutes 2008, section 13A.04, subdivision 1, is amended to read:
    Subdivision 1. Statutory violations; financial exploitation. Nothing in this chapter
precludes any financial institution, or any officer, employee, or agent of a financial
institution, from notifying a government authority that the institution, or officer, employee,
or agent has information which may be relevant to a possible violation of any statute or
rule or the financial exploitation of a vulnerable adult and providing access to financial
records relevant to the possible violation or financial exploitation.

    Sec. 4. Minnesota Statutes 2008, section 256B.0595, subdivision 4, is amended to read:
    Subd. 4. Other exceptions to transfer prohibition. (a) An institutionalized person,
as defined in subdivision 1, paragraph (h), who has made, or whose spouse has made a
transfer prohibited by subdivision 1, is not ineligible for long-term care services if one of
the following conditions applies:
    (1) the assets were transferred to the individual's spouse or to another for the sole
benefit of the spouse; or
    (2) the institutionalized spouse, prior to being institutionalized, transferred assets
to a spouse, provided that the spouse to whom the assets were transferred does not then
transfer those assets to another person for less than fair market value. (At the time when
one spouse is institutionalized, assets must be allocated between the spouses as provided
under section 256B.059); or
    (3) the assets were transferred to the individual's child who is blind or permanently
and totally disabled as determined in the supplemental security income program; or
    (4) a satisfactory showing is made that the individual intended to dispose of the
assets either at fair market value or for other valuable consideration; or
    (5) the local agency determines that denial of eligibility for long-term care services
would work an undue hardship and grants a waiver of a penalty period of ineligibility
resulting from a transfer for less than fair market value based on an imminent threat to
the individual's health and well-being. Imminent threat to the individual's health and
well-being means that imposing a period of ineligibility would endanger the individual's
health or life or cause serious deprivation of food, clothing, or shelter. Whenever an
applicant or recipient is denied eligibility because of a transfer for less than fair market
value, the local agency shall notify the applicant or recipient that the applicant or recipient
may request a waiver of the penalty period of ineligibility if the denial of eligibility
will cause undue hardship. With the written consent of the individual or the personal
representative of the individual, a long-term care facility in which an individual is
residing may file an undue hardship waiver request, on behalf of the individual who is
denied eligibility for long-term care services on or after July 1, 2006, due to a period
of ineligibility resulting from a transfer on or after February 8, 2006. In evaluating a
waiver, the local agency shall take into account whether the individual was the victim of
financial exploitation, whether the individual has made reasonable efforts to recover the
transferred property or resource, whether the individual has taken any action to prevent
the designation of the department as a remainder beneficiary on an annuity as described in
section 256B.056, subdivision 11, and other factors relevant to a determination of hardship.
(b) Subject to paragraph (c), when evaluating a hardship waiver, the local agency
shall take into account whether the individual was the victim of financial exploitation,
whether the individual has made reasonable efforts to recover the transferred property or
resource, whether the individual has taken any action to prevent the designation of the
department as a remainder beneficiary on an annuity as described in section 256B.056,
subdivision 11, and other factors relevant to a determination of hardship.
(c) In the case of an imminent threat to the individual's health and well-being, the
local agency shall approve a hardship waiver of the portion of an individual's period of
ineligibility resulting from a transfer of assets for less than fair market value by or to
a person:
(1) convicted of financial exploitation, fraud, or theft upon the individual for the
transfer of assets; or
(2) against whom a report of financial exploitation upon the individual has been
substantiated. For purposes of this paragraph, "financial exploitation" and "substantiated"
have the meanings given in section 626.5572.
(d) The local agency shall make a determination within 30 days of the receipt of all
necessary information needed to make such a determination. If the local agency does not
approve a hardship waiver, the local agency shall issue a written notice to the individual
stating the reasons for the denial and the process for appealing the local agency's decision.
When a waiver is granted, a cause of action exists against the person to whom the assets
were transferred for that portion of long-term care services provided within:
    (i) (1) 30 months of a transfer made on or before August 10, 1993;
    (ii) (2) 60 months of a transfer if the assets were transferred after August 30, 1993,
to a trust or portion of a trust that is considered a transfer of assets under federal law;
    (iii) (3) 36 months of a transfer if transferred in any other manner after August
10, 1993, but prior to February 8, 2006; or
    (iv) (4) 60 months of any transfer made on or after February 8, 2006,
or the amount of the uncompensated transfer, whichever is less, together with the costs
incurred due to the action; or
    (6) (5) for transfers occurring after August 10, 1993, the assets were transferred by
the person or person's spouse: (i) into a trust established for the sole benefit of a son or
daughter of any age who is blind or disabled as defined by the Supplemental Security
Income program; or (ii) into a trust established for the sole benefit of an individual who is
under 65 years of age who is disabled as defined by the Supplemental Security Income
program.
    "For the sole benefit of" has the meaning found in section 256B.059, subdivision 1.

    Sec. 5. Minnesota Statutes 2008, section 256B.0595, subdivision 9, is amended to read:
    Subd. 9. Filing cause of action; limitation. (a) The county of financial
responsibility under chapter 256G may bring a cause of action under any or all of the
following:
    (1) subdivision 1, paragraph (f);
    (2) subdivision 2, paragraphs (a) and (b);
    (3) subdivision 3, paragraph (b);
    (4) subdivision 4, clause (5) paragraph (d); and
    (5) subdivision 8
on behalf of the claimant who must be the commissioner.
    (b) Notwithstanding any other law to the contrary, a cause of action under
subdivision 2, paragraph (a) or (b), or 8, must be commenced within six years of the date
the local agency determines that a transfer was made for less than fair market value.
Notwithstanding any other law to the contrary, a cause of action under subdivision 3,
paragraph (b), or 4, clause (5), must be commenced within six years of the date of
approval of a waiver of the penalty period for a transfer for less than fair market value
based on undue hardship.

    Sec. 6. Minnesota Statutes 2008, section 299A.61, subdivision 1, is amended to read:
    Subdivision 1. Establishment. The commissioner of public safety, in cooperation
with the commissioner of administration, shall develop and maintain an integrated
criminal alert network to facilitate the communication of crime prevention information
by electronic means among state agencies, law enforcement officials, and the private
sector. The network shall disseminate data regarding the commission of crimes, including
information on missing and endangered children or vulnerable adults, and attempt
to reduce theft and other crime by the use of electronic transmission of information.
In addition, the commissioner shall evaluate the feasibility of using the network to
disseminate data regarding the use of fraudulent checks and the coordination of security
and antiterrorism efforts with the Federal Bureau of Investigation. If the commissioner
determines that one or both of these uses are feasible, the commissioner shall ensure that
the network disseminates data in the area or areas determined to be feasible.

    Sec. 7. Minnesota Statutes 2008, section 388.23, subdivision 1, is amended to read:
    Subdivision 1. Authority. The county attorney, or any deputy or assistant county
attorney whom the county attorney authorizes in writing, has the authority to subpoena
and require the production of any records of telephone companies, cellular phone
companies, paging companies, subscribers of private computer networks including
Internet service providers or computer bulletin board systems, electric companies, gas
companies, water utilities, chemical suppliers, hotels and motels, pawn shops, airlines,
buses, taxis, and other entities engaged in the business of transporting people, and freight
companies, warehousing companies, self-service storage facilities, package delivery
companies, and other entities engaged in the businesses of transport, storage, or delivery,
and records of the existence of safe deposit box account numbers and customer savings
and checking account numbers maintained by financial institutions and safe deposit
companies, insurance records relating to the monetary payment or settlement of claims,
the banking, credit card, and financial records of a vulnerable adult, whether held in the
name of the vulnerable adult or a third party, including but not limited to safe deposit, loan
and account applications and agreements, signature cards, statements, checks, transfers,
account authorizations, safe deposit access records and documentation of fraud, and
wage and employment records of an applicant or recipient of public assistance who is
the subject of a welfare fraud investigation relating to eligibility information for public
assistance programs. Subpoenas may only be issued for records that are relevant to an
ongoing legitimate law enforcement investigation. Administrative subpoenas may only
be issued in welfare fraud cases if there is probable cause to believe a crime has been
committed. This provision applies only to the records of business entities and does not
extend to private individuals or their dwellings.

    Sec. 8. Minnesota Statutes 2008, section 609.2335, is amended to read:
609.2335 FINANCIAL EXPLOITATION OF VULNERABLE ADULT.
    Subdivision 1. Crime. Whoever does any of the following acts commits the crime
of financial exploitation:
(1) in breach of a fiduciary obligation recognized elsewhere in law, including
pertinent regulations, contractual obligations, documented consent by a competent person,
or the obligations of a responsible party under section 144.6501 intentionally:
(i) fails to use the real or personal property or other financial resources of the
vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct, or
supervision for the vulnerable adult; or
(ii) uses, manages, or takes either temporarily or permanently the real or personal
property or other financial resources of the vulnerable adult, whether held in the name of
the vulnerable adult or a third party, for the benefit of someone other than the vulnerable
adult; or
(iii) deprives either temporarily or permanently a vulnerable adult of the vulnerable
adult's real or personal property or other financial resources, whether held in the name of
the vulnerable adult or a third party, for the benefit of someone other than the vulnerable
adult; or
(2) in the absence of legal authority:
(i) acquires possession or control of an interest in funds or real or personal property or
other financial resources of a vulnerable adult, whether held in the name of the vulnerable
adult or a third party, through the use of undue influence, harassment, or duress; or
(ii) forces, compels, coerces, or entices a vulnerable adult against the vulnerable
adult's will to perform services for the profit or advantage of another; or
(iii) establishes a relationship with a fiduciary obligation to a vulnerable adult by use
of undue influence, harassment, duress, force, compulsion, coercion, or other enticement.
    Subd. 2. Defenses. (a) Nothing in this section requires a facility or caregiver to
provide financial management or supervise financial management for a vulnerable adult
except as otherwise required by law.
(b) If the actor knew or had reason to know that the vulnerable adult lacked capacity
to consent, consent is not a defense to a violation of this section.
    Subd. 3. Criminal penalties. A person who violates subdivision 1, clause (1) or (2),
item (i), may be sentenced as provided in section 609.52, subdivision 3. A person who
violates subdivision 1, clause (2), item (ii) or (iii), may be sentenced to imprisonment for
not more than one year or to payment of a fine of not more than $3,000, or both.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date.

    Sec. 9. Minnesota Statutes 2008, section 609.52, subdivision 3, is amended to read:
    Subd. 3. Sentence. Whoever commits theft may be sentenced as follows:
    (1) to imprisonment for not more than 20 years or to payment of a fine of not more
than $100,000, or both, if the property is a firearm, or the value of the property or services
stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause
(3), (4), (15), or (16), or section 609.2335, subdivision 1, clause (1) or (2), item (i); or
    (2) to imprisonment for not more than ten years or to payment of a fine of not more
than $20,000, or both, if the value of the property or services stolen exceeds $5,000, or if
the property stolen was an article representing a trade secret, an explosive or incendiary
device, or a controlled substance listed in schedule I or II pursuant to section 152.02
with the exception of marijuana; or
    (3) to imprisonment for not more than five years or to payment of a fine of not more
than $10,000, or both, if any of the following circumstances exist:
    (a) the value of the property or services stolen is more than $1,000 but not more
than $5,000; or
    (b) the property stolen was a controlled substance listed in schedule III, IV, or V
pursuant to section 152.02; or
    (c) the value of the property or services stolen is more than $500 but not more
than $1,000 and the person has been convicted within the preceding five years for an
offense under this section, section 256.98; 268.182; 609.24; 609.245; 609.53; 609.582,
subdivision 1
, 2, or 3; 609.625; 609.63; 609.631; or 609.821, or a statute from another
state, the United States, or a foreign jurisdiction, in conformity with any of those sections,
and the person received a felony or gross misdemeanor sentence for the offense, or a
sentence that was stayed under section 609.135 if the offense to which a plea was entered
would allow imposition of a felony or gross misdemeanor sentence; or
    (d) the value of the property or services stolen is not more than $1,000, and any of
the following circumstances exist:
    (i) the property is taken from the person of another or from a corpse, or grave or
coffin containing a corpse; or
    (ii) the property is a record of a court or officer, or a writing, instrument or record
kept, filed or deposited according to law with or in the keeping of any public officer or
office; or
    (iii) the property is taken from a burning, abandoned, or vacant building or upon its
removal therefrom, or from an area of destruction caused by civil disaster, riot, bombing,
or the proximity of battle; or
    (iv) the property consists of public funds belonging to the state or to any political
subdivision or agency thereof; or
    (v) the property stolen is a motor vehicle; or
    (4) to imprisonment for not more than one year or to payment of a fine of not more
than $3,000, or both, if the value of the property or services stolen is more than $500 but
not more than $1,000; or
    (5) in all other cases where the value of the property or services stolen is $500 or less,
to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000,
or both, provided, however, in any prosecution under subdivision 2, clauses (1), (2), (3),
(4), and (13), the value of the money or property or services received by the defendant in
violation of any one or more of the above provisions within any six-month period may
be aggregated and the defendant charged accordingly in applying the provisions of this
subdivision; provided that when two or more offenses are committed by the same person
in two or more counties, the accused may be prosecuted in any county in which one of the
offenses was committed for all of the offenses aggregated under this paragraph.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date.

    Sec. 10. Minnesota Statutes 2008, section 611A.033, is amended to read:
611A.033 SPEEDY TRIAL; NOTICE OF SCHEDULE CHANGE.
(a) A victim has the right to request that the prosecutor make a demand under rule
11.10 of the Rules of Criminal Procedure that the trial be commenced within 60 days of the
demand. The prosecutor shall make reasonable efforts to comply with the victim's request.
(b) A prosecutor shall make reasonable efforts to provide advance notice of any
change in the schedule of the court proceedings to a victim who has been subpoenaed or
requested to testify.
(c) In a criminal proceeding in which a vulnerable adult, as defined in section
609.232, subdivision 11, is a victim, the state may move the court for a speedy trial. The
court, after consideration of the age and health of the victim, may grant a speedy trial.
The motion may be filed and served with the complaint or any time after the complaint
is filed and served.

    Sec. 11. Minnesota Statutes 2008, section 626.557, subdivision 4, is amended to read:
    Subd. 4. Reporting. (a) Except as provided in paragraph (b), a mandated
reporter shall immediately make an oral report to the common entry point. Use of a
telecommunications device for the deaf or other similar device shall be considered an oral
report. The common entry point may not require written reports. To the extent possible,
the report must be of sufficient content to identify the vulnerable adult, the caregiver, the
nature and extent of the suspected maltreatment, any evidence of previous maltreatment,
the name and address of the reporter, the time, date, and location of the incident, and any
other information that the reporter believes might be helpful in investigating the suspected
maltreatment. A mandated reporter may disclose not public data, as defined in section
13.02, and medical records under sections 144.291 to 144.298, to the extent necessary
to comply with this subdivision.
(b) A boarding care home that is licensed under sections 144.50 to 144.58 and
certified under Title 19 of the Social Security Act, a nursing home that is licensed under
section 144A.02 and certified under Title 18 or Title 19 of the Social Security Act, or a
hospital that is licensed under sections 144.50 to 144.58 and has swing beds certified under
Code of Federal Regulations, title 42, section 482.66, may submit a report electronically
to the common entry point instead of submitting an oral report. The report may be a
duplicate of the initial report the facility submits electronically to the commissioner of
health to comply with the reporting requirements under Code of Federal Regulations, title
42, section 483.13. The commissioner of health may modify these reporting requirements
to include items required under paragraph (a) that are not currently included in the
electronic reporting form.

    Sec. 12. Minnesota Statutes 2008, section 626.557, subdivision 5, is amended to read:
    Subd. 5. Immunity; protection for reporters. (a) A person who makes a good
faith report is immune from any civil or criminal liability that might otherwise result from
making the report, or from participating in the investigation, or for failure to comply fully
with the reporting obligation under section 609.234 or 626.557, subdivision 7.
(b) A person employed by a lead agency or a state licensing agency who is
conducting or supervising an investigation or enforcing the law in compliance with this
section or any related rule or provision of law is immune from any civil or criminal
liability that might otherwise result from the person's actions, if the person is acting in
good faith and exercising due care.
(c) A person who knows or has reason to know a report has been made to a common
entry point and who in good faith participates in an investigation of alleged maltreatment
is immune from civil or criminal liability that otherwise might result from making the
report, or from failure to comply with the reporting obligation or from participating in the
investigation.
(d) The identity of any reporter may not be disclosed, except as provided in
subdivision 12b.
(e) For purposes of this subdivision, "person" includes a natural person or any form
of a business or legal entity.

    Sec. 13. Minnesota Statutes 2008, section 626.557, is amended by adding a subdivision
to read:
    Subd. 5a. Financial institution cooperation. Financial institutions shall cooperate
with a lead agency, law enforcement, or prosecuting authority that is investigating
maltreatment of a vulnerable adult and comply with reasonable requests for the production
of financial records as authorized under section 13A.02, subdivision 1. Financial
institutions are immune from any civil or criminal liability that might otherwise result
from complying with this subdivision.

    Sec. 14. Minnesota Statutes 2008, section 626.557, subdivision 9b, is amended to read:
    Subd. 9b. Response to reports. Law enforcement is the primary agency to
conduct investigations of any incident in which there is reason to believe a crime has
been committed. Law enforcement shall initiate a response immediately. If the common
entry point notified a county agency for adult protective services, law enforcement
shall cooperate with that county agency when both agencies are involved and shall
exchange data to the extent authorized in subdivision 12b, paragraph (g). County adult
protection shall initiate a response immediately. Each lead agency shall complete the
investigative process for reports within its jurisdiction. Any other A lead agency, county,
adult protective agency, licensed facility, or law enforcement agency shall cooperate in
coordinating its investigation with other agencies and may assist another agency upon
request within the limits of its resources and expertise and shall exchange data to the
extent authorized in subdivision 12b, paragraph (g). The lead agency shall obtain the
results of any investigation conducted by law enforcement officials. The lead agency has
the right to enter facilities and inspect and copy records as part of investigations. The lead
agency has access to not public data, as defined in section 13.02, and medical records
under sections 144.291 to 144.298, that are maintained by facilities to the extent necessary
to conduct its investigation. Each lead agency shall develop guidelines for prioritizing
reports for investigation.

    Sec. 15. Minnesota Statutes 2008, section 626.557, is amended by adding a subdivision
to read:
    Subd. 10b. Investigations; guidelines. Each lead agency shall develop guidelines
for prioritizing reports for investigation. When investigating a report, the lead agency shall
conduct the following activities, as appropriate:
(1) interview of the alleged victim;
(2) interview of the reporter and others who may have relevant information;
(3) interview of the alleged perpetrator;
(4) examination of the environment surrounding the alleged incident;
(5) review of pertinent documentation of the alleged incident; and
(6) consultation with professionals.

    Sec. 16. Minnesota Statutes 2008, section 626.557, is amended by adding a subdivision
to read:
    Subd. 20. Cause of action for financial exploitation; damages. (a) A vulnerable
adult who is a victim of financial exploitation has a cause of action against a person who
committed the financial exploitation. In an action under this subdivision, the vulnerable
adult is entitled to recover damages equal to three times the amount of compensatory
damages or $10,000, whichever is greater.
(b) In addition to damages under paragraph (a), the vulnerable adult is entitled to
recover reasonable attorney fees and costs, including reasonable fees for the services of a
guardian or conservator or guardian ad litem incurred in connection with a claim under
this subdivision.
(c) An action may be brought under this subdivision regardless of whether there has
been a report or final disposition under this section or a criminal complaint or conviction
related to the financial exploitation.

    Sec. 17. Minnesota Statutes 2008, section 626.5572, subdivision 21, is amended to
read:
    Subd. 21. Vulnerable adult. (a) "Vulnerable adult" means any person 18 years of
age or older who:
    (1) is a resident or inpatient of a facility;
    (2) receives services at or from a facility required to be licensed to serve adults
under sections 245A.01 to 245A.15, except that a person receiving outpatient services for
treatment of chemical dependency or mental illness, or one who is served in the Minnesota
sex offender program on a court-hold order for commitment, or is committed as a sexual
psychopathic personality or as a sexually dangerous person under chapter 253B, is not
considered a vulnerable adult unless the person meets the requirements of clause (4);
    (3) receives services from a home care provider required to be licensed under section
144A.46; or from a person or organization that exclusively offers, provides, or arranges
for personal care assistant services under the medical assistance program as authorized
under sections 256B.04, subdivision 16, 256B.0625, subdivision 19a, 256B.0651, and
256B.0653 to 256B.0656; or
    (4) regardless of residence or whether any type of service is received, possesses a
physical or mental infirmity or other physical, mental, or emotional dysfunction:
    (i) that impairs the individual's ability to provide adequately for the individual's
own care without assistance, including the provision of food, shelter, clothing, health
care, or supervision; and
    (ii) because of the dysfunction or infirmity and the need for assistance care or
services, the individual has an impaired ability to protect the individual individual's self
from maltreatment.
(b) For purposes of this subdivision, "care or services" means care or services for the
health, safety, welfare, or maintenance of an individual.

    Sec. 18. Minnesota Statutes 2008, section 628.26, is amended to read:
628.26 LIMITATIONS.
(a) Indictments or complaints for any crime resulting in the death of the victim may
be found or made at any time after the death of the person killed.
(b) Indictments or complaints for a violation of section 609.25 may be found or
made at any time after the commission of the offense.
(c) Indictments or complaints for violation of section 609.282 may be found or made
at any time after the commission of the offense if the victim was under the age of 18 at
the time of the offense.
(d) Indictments or complaints for violation of section 609.282 where the victim
was 18 years of age or older at the time of the offense, or 609.42, subdivision 1, clause
(1) or (2), shall be found or made and filed in the proper court within six years after
the commission of the offense.
(e) Indictments or complaints for violation of sections 609.342 to 609.345 if the
victim was under the age of 18 years at the time the offense was committed, shall be found
or made and filed in the proper court within nine years after the commission of the offense
or, if the victim failed to report the offense within this limitation period, within three years
after the offense was reported to law enforcement authorities.
(f) Notwithstanding the limitations in paragraph (e), indictments or complaints for
violation of sections 609.342 to 609.344 may be found or made and filed in the proper
court at any time after commission of the offense, if physical evidence is collected and
preserved that is capable of being tested for its DNA characteristics. If this evidence is not
collected and preserved and the victim was 18 years old or older at the time of the offense,
the prosecution must be commenced within nine years after the commission of the offense.
(g) Indictments or complaints for violation of sections 609.466 and 609.52,
subdivision 2
, clause (3), item (iii), shall be found or made and filed in the proper court
within six years after the commission of the offense.
(h) Indictments or complaints for violation of section 609.2335, 609.52, subdivision
2
, clause (3), items (i) and (ii), (4), (15), or (16), 609.631, or 609.821, where the value of
the property or services stolen is more than $35,000, shall be found or made and filed in
the proper court within five years after the commission of the offense.
(i) Except for violations relating to false material statements, representations or
omissions, indictments or complaints for violations of section 609.671 shall be found or
made and filed in the proper court within five years after the commission of the offense.
(j) Indictments or complaints for violation of sections 609.561 to 609.563, shall
be found or made and filed in the proper court within five years after the commission
of the offense.
(k) In all other cases, indictments or complaints shall be found or made and filed in
the proper court within three years after the commission of the offense.
(l) The limitations periods contained in this section shall exclude any period of time
during which the defendant was not an inhabitant of or usually resident within this state.
(m) The limitations periods contained in this section for an offense shall not include
any period during which the alleged offender participated under a written agreement in a
pretrial diversion program relating to that offense.
(n) The limitations periods contained in this section shall not include any period
of time during which physical evidence relating to the offense was undergoing DNA
analysis, as defined in section 299C.155, unless the defendant demonstrates that the
prosecuting or law enforcement agency purposefully delayed the DNA analysis process in
order to gain an unfair advantage.
EFFECTIVE DATE.This section is effective August 1, 2009, and applies to crimes
committed on or after that date.

    Sec. 19. [245A.655] FEDERAL GRANTS TO ESTABLISH AND MAINTAIN
A SINGLE COMMON ENTRY POINT FOR REPORTING MALTREATMENT
OF A VULNERABLE ADULT.
(a) The commissioner of human services shall seek federal funding to design,
implement, maintain, and evaluate the common entry point for reports of suspected
maltreatment made under Minnesota Statutes, section 626.557. The purpose of the federal
grant funds is to establish a common entry point with a statewide toll-free telephone
number and Web site-based system to report known or suspected abuse, neglect, or
exploitation of a vulnerable adult.
(b) A common entry point must be operated in a manner that enables the common
entry point staff to:
(1) operate under Minnesota Statutes, section 626.557, subdivision 9, paragraph
(b); and subdivision 9a;
(2) when appropriate, refer calls that do not allege the abuse, neglect, or exploitation
of a vulnerable adult to other organizations that might better resolve the reporter's
concerns; and
(3) immediately identify and locate prior reports of abuse, neglect, or exploitation.
(c) A common entry point must be operated in a manner that enables the
commissioner of human services to:
(1) track critical steps in the investigative process to ensure compliance with all
requirements for all reports;
(2) maintain data to facilitate the production of aggregate statistical reports for
monitoring patterns of abuse, neglect, or exploitation;
(3) serve as a resource for the evaluation, management, and planning of preventative
and remedial services for vulnerable adults who have been subject to abuse, neglect,
or exploitation;
(4) set standards, priorities, and policies to maximize the efficiency and effectiveness
of the common entry point; and
(5) develop a system to manage consumer complaints related to the common entry
point.
(d) The commissioner of human services may take the actions necessary to design
and implement the common entry point in paragraph (a). Funds awarded by the federal
government for the purposes of this section are appropriated to the commissioner of
human services.
Presented to the governor May 18, 2009
Signed by the governor May 21, 2009, 4:02 p.m.

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